356 
activity must be undertaken immediately in the interest of 
national security and only after written prior notification 
to the congressional defense committees. 
SEC. 8079. The budget of the President for fiscal year 
2023 submitted to the Congress pursuant to section 1105 
of title 31, United States Code, shall include separate budget 
justification documents for costs of United States Armed 
Forces’ participation in contingency operations for the 
Military Personnel accounts, the Operation and Mainte-
nance accounts, the Procurement accounts, and the Re-
search, Development, Test and Evaluation accounts: Pro-
vided, That these documents shall include a description of 
the funding requested for each contingency operation, for 
each military service, to include all Active and Reserve 
components, and for each appropriations account: Provided 
further, That these documents shall include estimated costs 
for each element of expense or object class, a reconciliation 
of increases and decreases for each contingency operation, 
and programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and esti-
mates of the major weapons systems deployed in support 
of each contingency: Provided further, That these documents 
shall include budget exhibits OP–5 and OP–32 (as defined 
in the Department of Defense Financial Management Regu-
357 
lation) for all contingency operations for the budget year 
and the two preceding fiscal years. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8080. In addition to amounts made available 
elsewhere in this Act, $50,000,000 is hereby appropriated 
to the Department of Defense and made available for trans-
fer to the Department of Defense Acquisition Workforce De-
velopment Account and the operation and maintenance ac-
counts of the Army, Navy, Marine Corps, Air Force, and 
Space Force for purposes of recruiting and training the De-
partment of Defense artificial intelligence-literate acquisi-
tion workforce: Provided, That none of the funds provided 
under this section may be obligated or expended until 90 
days after the Secretary of Defense provides to the congres-
sional defense committees an execution plan: Provided fur-
ther, That not less than 30 days prior to any transfer of 
funds, the Secretary of Defense shall notify the congressional 
defense committees of the details of any such transfer: Pro-
vided further, That upon transfer, the funds shall be merged 
with and be available for the same purposes, and for the 
same time period, as the appropriation to which trans-
ferred: Provided further, That the transfer authority pro-
vided under this section is in addition to any other transfer 
authority provided elsewhere in this Act.
358 
SEC. 8081. None of the funds in this Act may be used 
for research, development, test, evaluation, procurement or 
deployment of nuclear armed interceptors of a missile de-
fense system. 
SEC. 8082. The Secretary of Defense may use up to 
$650,000,000 of the amounts appropriated or otherwise 
made available in this Act to the Department of Defense 
for the rapid acquisition and deployment of supplies and 
associated support services pursuant to section 806 of the 
Bob Stump National Defense Authorization Act for Fiscal 
Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note), but 
only for the purposes specified in clauses (i), (ii), (iii), and 
(iv) of subsection (c)(3)(B) of such section and subject to 
the applicable limits specified in clauses (i), (ii), and (iii) 
of such subsection and, in the case of clause (iv) of such 
subsection, subject to a limit of $50,000,000: Provided, That 
the Secretary of Defense shall notify the congressional de-
fense committees promptly of all uses of this authority. 
SEC. 8083. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the lev-
els funded in this Act: Provided, That the Air Force shall 
allow the 53rd Weather Reconnaissance Squadron to per-
359 
form other missions in support of national defense require-
ments during the non-hurricane season. 
SEC. 8084. None of the funds provided in this Act shall 
be available for integration of foreign intelligence informa-
tion unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intel-
ligence activities: Provided, That information pertaining to 
United States persons shall only be handled in accordance 
with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Execu-
tive Order No. 12333. 
SEC. 8085. (a) None of the funds appropriated by this 
Act may be used to transfer research and development, ac-
quisition, or other program authority relating to current 
tactical unmanned aerial vehicles (TUAVs) from the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Gray Eagle Unmanned Aerial 
Vehicle (UAV) in order to support the Secretary of Defense 
in matters relating to the employment of unmanned aerial 
vehicles. 
SEC. 8086. None of the funds appropriated by this Act 
for programs of the Office of the Director of National Intel-
ligence shall remain available for obligation beyond the cur-
rent fiscal year, except for funds appropriated for research 
and technology, which shall remain available until Sep-
360 
tember 30, 2023, and except for funds appropriated for the 
purchase of real property, which shall remain available 
until September 30, 2024. 
SEC. 8087. For purposes of section 1553(b) of title 31, 
United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8088. (a) Not later than 60 days after the date 
of the enactment of this Act, the Director of National Intel-
ligence shall submit a report to the congressional intel-
ligence committees to establish the baseline for application 
of reprogramming and transfer authorities for fiscal year 
2022: Provided, That the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) a delineation in the table for each appropria-
tion by Expenditure Center and project; and
361 
(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence cer-
tifies in writing to the congressional intelligence committees 
that such reprogramming or transfer is necessary as an 
emergency requirement. 
SEC. 8089. Any transfer of amounts appropriated to 
the Department of Defense Acquisition Workforce Develop-
ment Account in or for fiscal year 2022 to a military de-
partment or Defense Agency pursuant to section 1705(e)(1) 
of title 10, United States Code, shall be covered by and sub-
ject to section 8005 of this Act. 
SEC. 8090. (a) None of the funds provided for the Na-
tional Intelligence Program in this or any prior appropria-
tions Act shall be available for obligation or expenditure 
through a reprogramming or transfer of funds in accord-
ance with section 102A(d) of the National Security Act of 
1947 (50 U.S.C. 3024(d)) that— 
(1) creates a new start effort; 
(2) terminates a program with appropriated 
funding of $10,000,000 or more;
362 
(3) transfers funding into or out of the National 
Intelligence Program; or 
(4) transfers funding between appropriations, 
unless the congressional intelligence committees are 
notified 30 days in advance of such reprogramming 
of funds; this notification period may be reduced for 
urgent national security requirements. 
(b) None of the funds provided for the National Intel-
ligence Program in this or any prior appropriations Act 
shall be available for obligation or expenditure through a 
reprogramming or transfer of funds in accordance with sec-
tion 102A(d) of the National Security Act of 1947 (50 
U.S.C. 3024(d)) that results in a cumulative increase or 
decrease of the levels specified in the classified annex accom-
panying the Act unless the congressional intelligence com-
mittees are notified 30 days in advance of such reprogram-
ming of funds; this notification period may be reduced for 
urgent national security requirements. 
SEC. 8091. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public Web site of that agency any report 
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agency 
that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if—
363 
(1) the public posting of the report compromises 
national security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to the 
requesting Committee or Committees of Congress for no less 
than 45 days. 
SEC. 8092. (a) None of the funds appropriated or oth-
erwise made available by this Act may be expended for any 
Federal contract for an amount in excess of $1,000,000, un-
less the contractor agrees not to— 
(1) enter into any agreement with any of its em-
ployees or independent contractors that requires, as a 
condition of employment, that the employee or inde-
pendent contractor agree to resolve through arbitra-
tion any claim under title VII of the Civil Rights Act 
of 1964 or any tort related to or arising out of sexual 
assault or harassment, including assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion; or 
(2) take any action to enforce any provision of 
an existing agreement with an employee or inde-
pendent contractor that mandates that the employee 
or independent contractor resolve through arbitration
364 
any claim under title VII of the Civil Rights Act of 
1964 or any tort related to or arising out of sexual 
assault or harassment, including assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion. 
(b) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal con-
tract unless the contractor certifies that it requires each cov-
ered 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 subsection (a), 
with respect to any employee or independent contractor per-
forming work related to such subcontract. For purposes of 
this subsection, a ‘‘covered subcontractor’’ is an entity that 
has a subcontract in excess of $1,000,000 on a contract sub-
ject 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 en-
forced 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-
365 
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-
tion shall set forth with specificity the grounds for the waiv-
er 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 Sec-
retary of Defense shall transmit to Congress, and simulta-
neously make public, any determination under this sub-
section not less than 15 business days before the contract 
or subcontract addressed in the determination may be 
awarded. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8093. From within the funds appropriated for 
operation and maintenance for the Defense Health Program 
in this Act, up to $137,000,000, shall be available for trans-
fer to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund in ac-
cordance 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 operations of the integrated 
Captain James A. Lovell Federal Health Care Center, con-
366 
sisting of the North Chicago Veterans Affairs Medical Cen-
ter, the Navy Ambulatory Care Center, and supporting fa-
cilities designated as a combined Federal medical facility 
as described by section 706 of Public Law 110–417: Pro-
vided further, That additional funds may be transferred 
from funds appropriated for operation and maintenance for 
the Defense Health Program to the Joint Department of De-
fense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Sec-
retary of Defense to the Committees on Appropriations of 
the House of Representatives and the Senate. 
SEC. 8094. None of the funds appropriated or other-
wise made available by this Act may be used by the Depart-
ment of Defense or a component thereof in contravention 
of the provisions of section 130h of title 10, United States 
Code. 
SEC. 8095. 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 personnel 
or for force protection purposes up to a limit of $450,000 
per vehicle, notwithstanding price or other limitations ap-
plicable to the purchase of passenger carrying vehicles. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8096. Upon a determination by the Director of 
National Intelligence that such action is necessary and in
367 
the national interest, the Director may, with the approval 
of the Office of Management and Budget, transfer not to 
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 require-
ments, than those for which originally appropriated and 
in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That a 
request for multiple reprogrammings of funds using author-
ity provided in this section shall be made prior to June 
30, 2022. 
SEC. 8097. 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 sec-
tion 11 of the Merchant Ship Sales Act of 1946 (46 U.S.C. 
57100): Provided, That such amounts are available for re-
imbursements to the Ready Reserve Force, Maritime Ad-
ministration account of the United States Department of 
Transportation for programs, projects, activities, and ex-
penses related to the National Defense Reserve Fleet: Pro-
vided further, That notwithstanding section 2218 of title 10,
368 
United States Code, none of these funds shall be transferred 
to the National Defense Sealift Fund for execution. 
SEC. 8098. The Secretary of Defense shall post grant 
awards on a public website in a searchable format. 
SEC. 8099. 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 per-
son; 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 communication 
of a United States person from a provider of elec-
tronic communication services to the public pursuant 
to section 501 of the Foreign Intelligence Surveillance 
Act of 1978. 
SEC. 8100. 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 without 
the express authorization of Congress: Provided, That this
369 
limitation shall not apply to transfers of funds expressly 
provided for in Defense Appropriations Acts, or provisions 
of Acts providing supplemental appropriations for the De-
partment of Defense. 
SEC. 8101. 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 pur-
poses related to the National Defense Reserve Fleet estab-
lished 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. 
SEC. 8102. None of the funds made available in this 
Act may be obligated for activities authorized under section 
1208 of the Ronald W. Reagan National Defense Authoriza-
tion Act for Fiscal Year 2005 (Public Law 112–81; 125 
Stat. 1621) to initiate support for, or expand support to, 
foreign forces, irregular forces, groups, or individuals unless 
the congressional defense committees are notified in accord-
ance with the direction contained in the classified annex 
accompanying this Act, not less than 15 days before initi-
ating such support: Provided, That none of the funds made
370 
available in this Act may be used under section 1208 for 
any activity that is not in support of an ongoing military 
operation being conducted by United States Special Oper-
ations 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 re-
quired by extraordinary circumstances and, by not later 
than 72 hours after making such waiver, notifies the con-
gressional defense committees of such waiver. 
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 the fol-
lowing components unless those components are manufac-
tured in the United States: Auxiliary equipment (including 
pumps) for shipboard services; propulsion equipment (in-
cluding engines, reduction gears, and propellers); shipboard 
cranes; spreaders for shipboard cranes; and anchor chains 
specifically for the seventh and subsequent 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 con-
tract that provides for the acquisition of the following com-
ponents unless those components are manufactured in the 
United States: Air circuit breakers; gyrocompasses; elec-
tronic navigation chart systems; steering controls; pumps; 
propulsion and machinery control systems; totally enclosed
371 
lifeboats; auxiliary equipment pumps; shipboard cranes; 
auxiliary chill water systems; and propulsion propellers: 
Provided, That the Secretary of the Navy shall incorporate 
United States manufactured propulsion engines and pro-
pulsion reduction gears into the FFG(X) Frigate program 
beginning not later than with the eleventh ship of the pro-
gram. 
SEC. 8104. None of the funds provided in this Act for 
requirements development, performance specification devel-
opment, concept design and development, ship configura-
tion development, systems engineering, naval architecture, 
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 T–ARC(X) Cable Lay-
ing and Repair Ship or the T–AGOS(X) Oceanographic 
Surveillance Ship may be used to award a new contract 
for such activities unless these contracts include specifica-
tions that all auxiliary 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 decom-
missioning the USS Fort Worth, the USS Detroit, or the 
USS Little Rock.
372 
SEC. 8106. No amounts credited or otherwise made 
available in this or any other Act to the Department of De-
fense Acquisition Workforce Development Account may be 
transferred to: 
(1) the Rapid Prototyping Fund established 
under section 804(d) of the National Defense Author-
ization 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 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 (enclosure 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.
373 
(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 elsewhere 
in this Act, there is appropriated $516,233,000, for an ad-
ditional amount for ‘‘Operation and Maintenance, Defense- 
Wide’’, to remain available until expended: Provided, That 
such funds shall only be available to the Secretary of De-
fense, acting through the Office of Local Defense Community 
Cooperation of the Department of Defense, or for transfer 
to the Secretary of Education, notwithstanding any other 
provision of law, to make grants, conclude cooperative 
agreements, or supplement other Federal funds to construct, 
renovate, repair, or expand elementary and secondary pub-
lic schools on military installations in order to address ca-
pacity or facility condition deficiencies at such schools: Pro-
vided further, That in making such funds available, the Of-
fice of Local Defense Community Cooperation or the Sec-
retary of Education shall give priority consideration to 
those military installations with schools having the most 
serious capacity or facility condition deficiencies as deter-
mined by the Secretary of Defense: Provided further, That
374 
as a condition of receiving 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 Construction, Renovation, Repair or Expan-
sion of Public Schools Located on Military Installations’’ 
published by the Department of Defense in the Federal Reg-
ister on September 9, 2011 (76 Fed. Reg. 55883 et seq.): 
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 un-
obligated on the date of enactment of this section. 
SEC. 8110. In carrying out the program described in 
the memorandum on the subject of ‘‘Policy for Assisted Re-
productive Services for the Benefit of Seriously or Severely 
Ill/Injured (Category II or III) Active Duty Service Mem-
bers’’ 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 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)
375 
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 otherwise 
made available, in this or any other Act, may be obligated 
or expended by the Secretary of Defense to provide motor-
ized vehicles, aviation platforms, munitions other than 
small arms and munitions appropriate for customary cere-
monial honors, operational military units, or operational 
military platforms if the Secretary determines that pro-
viding such units, platforms, or equipment would under-
mine the readiness of such units, platforms, or equipment. 
SEC. 8112. The Secretary of Defense may obligate and 
expend funds made available under this Act for procure-
ment 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 variant, 
to a test configuration: Provided, That the Secretary of De-
fense shall, with the concurrence of the Secretary of the Air 
Force and the Secretary of the Navy, notify the congres-
sional defense committees not fewer than 30 days prior to 
obligating and expending funds under this section: Provided
376 
further, That any transfer of funds pursuant to the author-
ity provided in this section shall be made in accordance 
with section 8005 of this Act: Provided further, That air-
craft referred to previously in this section are not addi-
tional to aircraft referred to in section 8135 of the Depart-
ment of Defense Appropriations Act, 2019, section 8126 of 
the Department of Defense Appropriations Act, 2020, and 
section 8122 of the Department of Defense Appropriations 
Act, 2021. 
SEC. 8113. (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 
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 admin-
istrative 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 collecting such 
tax liability, provided that the applicable Federal 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.
377 
SEC. 8114. 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: Pro-
vided, That nothing in this Act shall be construed to limit 
or prohibit cooperation, collaboration, and coordination be-
tween the National Reconnaissance Office and the Space 
Force or any other elements of the Department of Defense. 
SEC. 8115. 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 pursuant to 
section 1105 of title 31, United States Code), the Secretary 
of Defense, not to be delegated, provides a report to the Com-
mittees 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 Depart-
ment 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 include fiscal
378 
year 2023 budget and future years defense program adjust-
ments associated with such planned transfers. 
SEC. 8116. 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. 8117. During fiscal year 2022, the monetary lim-
itation imposed by section 2208(l)(3) of title 10, United 
States Code may be exceeded by up to $1,000,000,000. 
SEC. 8118. 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 appropriated 
under such headings may be used for payments pursuant 
to section 156 of Public Law 97–377, as amended (42 
U.S.C. 402 note), and to the Department of Defense Mili-
tary Retirement Fund. 
SEC. 8119. (a) Amounts appropriated under title IV 
of this Act, as detailed in budget activity eight of the tables 
in the explanatory statement regarding this Act, may be 
used for expenses for the agile research, development, test 
and evaluation, procurement, production, modification, 
and operation and maintenance, only for the following Soft-
ware and Digital Technology Pilot programs— 
(1) Defensive Cyber—Software Prototype Devel-
opment (PE 0608041A);
379 
(2) 
Risk 
Management 
Information 
(PE 
0608013N); 
(3) Maritime Tactical Command Control (PE 
0608231N); 
(4) JSpOC Mission System (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); and 
(8) Acquisition Visibility (PE 0608648D8Z). 
(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. 8120. 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 available 
to the Secretary of Defense, acting through the Office of 
Local Defense Community Cooperation of the Department 
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,
380 
That $56,250,000 shall be allocated to address programs at 
or near active military installations: Provided further, 
That $18,750,000 shall be allocated for programs at or near 
reserve component installations, of which $5,000,000 shall 
be for grants to communities for which a nearby military 
installation has transitioned to a new type or model of air-
craft after January 1, 2019: 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 covered facilities in the 
community: Provided further, That as a condition of receiv-
ing funds under this section a State or local entity shall 
provide a matching share of ten percent: Provided further, 
That grants under the program may be used to meet the 
Federal match requirement under the airport improvement 
program established under subchapter I of chapter 471 and 
subchapter I of chapter 475 of title 49, United States Code: 
Provided further, That, in carrying out the program, the 
Secretary of Defense shall coordinate with the Secretary of 
Transportation to minimize duplication of efforts with any 
other noise mitigation program compliant with part 150 
of title 14, Code of Federal Regulations: Provided further, 
That, in this section, the term ‘‘covered facilities’’ means 
hospitals, daycare facilities, schools, facilities serving senior