315 
units shall be removed within a reasonable period of time, 
as determined by the Secretary. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for hous-
ing units under subsection (a) before submitting requests 
to the Secretary of the Air Force under subsection (b). 
(d) In this section, the term ‘‘Indian tribe’’ means any 
recognized Indian tribe included on the current list pub-
lished by the Secretary of the Interior under section 104 
of the Federally Recognized Indian Tribe Act of 1994 (Pub-
lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131). 
SEC. 8022. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, not less than $12,000,000 shall be 
made available only for the mitigation of environmental 
impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities. 
SEC. 8023. Funds appropriated by this Act for the De-
fense Media Activity shall not be used for any national or 
international political or psychological activities.
316 
SEC. 8024. None of the funds available in this Act to 
the Department of Defense, other than appropriations made 
for necessary or routine refurbishments, upgrades or main-
tenance activities, shall be used to reduce or to prepare to 
reduce the number of deployed and non-deployed strategic 
delivery vehicles and launchers below the levels set forth in 
the report submitted to Congress in accordance with section 
1042 of the National Defense Authorization Act for Fiscal 
Year 2012. 
SEC. 8025. Of the amounts appropriated for ‘‘Working 
Capital Fund, Army’’, $115,000,000 shall be available to 
maintain competitive rates at the arsenals. 
SEC. 8026. (a) Of the funds made available in this 
Act, not less than $60,500,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $47,300,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil 
Air Patrol Corporation operation and maintenance, 
readiness, counter-drug activities, and drug demand 
reduction activities involving youth programs; 
(2) $11,400,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $1,800,000 shall be available from ‘‘Other 
Procurement, Air Force’’ for vehicle procurement.
317 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8027. (a) None of the funds appropriated in this 
Act are available to establish a new Department of Defense 
(department) federally funded research and development 
center (FFRDC), either as a new entity, or as a separate 
entity administrated by an organization managing another 
FFRDC, or as a nonprofit membership corporation con-
sisting of a consortium of other FFRDCs and other non-
profit entities. 
(b) No member of a Board of Directors, Trustees, Over-
seers, Advisory Group, Special Issues Panel, Visiting Com-
mittee, or any similar entity of a defense FFRDC, and no 
paid consultant to any defense FFRDC, except when acting 
in a technical advisory capacity, may be compensated for 
his or her services as a member of such entity, or as a paid 
consultant by more than one FFRDC in a fiscal year: Pro-
vided, That a member of any such entity referred to pre-
viously in this subsection shall be allowed travel expenses 
and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of member-
ship duties.
318 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during the current fiscal year may be used by a defense 
FFRDC, through a fee or other payment mechanism, for 
construction of new buildings not located on a military in-
stallation, for payment of cost sharing for projects funded 
by Government grants, for absorption of contract overruns, 
or for certain charitable contributions, not to include em-
ployee participation in community service and/or develop-
ment. 
(d) Notwithstanding any other provision of law, of the 
funds available to the department during fiscal year 2022, 
not more than 6,119 staff years of technical effort (staff 
years) may be funded for defense FFRDCs: Provided, That 
within such funds for 6,119 staff years, funds shall be avail-
able only for 1,148 staff years for the defense studies and 
analysis FFRDCs: Provided further, That this subsection 
shall not apply to staff years funded in the National Intel-
ligence Program and the Military Intelligence Program: 
Provided further, That the limit on staff years in the matter 
preceding the first proviso in this subsection may be in-
creased to 6,184, from within funds available to the Depart-
ment during fiscal year 2022, no sooner than 60 days after 
the Secretary of Defense submits in writing to the congres-
sional defense committees—
319 
(1) a complete breakdown of actual staff years by 
program and primary sponsor for fiscal years 2020 
and 2021; 
(2) a complete breakdown of the estimated 6,184 
staff years by program and primary sponsor for fiscal 
year 2022; 
(3) a list of corrective actions planned and im-
plemented following the 2019 Under Secretary of De-
fense (Research and Engineering)-led FFRDC man-
agement review regarding the implementation of a 
strategic management process and continued inde-
pendence of defense FFRDCs; and 
(4) a plan to commission a near-term inde-
pendent review and assessment of current FFRDC 
and potentially competitive non-FFRDC entities’ core 
competencies as compared to new or emerging re-
quirements: 
Provided further, That the Secretary of Defense shall pro-
vide a plan to commission a near-term independent review 
of current Department of Defense and military service 
workforce core competencies as compared to new or emerg-
ing requirements, to include a review of current and pro-
posed workforce development, talent management, and pro-
fessional military education initiatives and career options 
by June 15, 2022.
320 
(e) The Secretary of Defense shall, with the submission 
of the department’s fiscal year 2023 budget request, submit 
a report presenting the specific amounts of staff years of 
technical effort to be allocated for each defense FFRDC by 
program during that fiscal year and the associated budget 
estimates. 
(f) Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act for FFRDCs is 
hereby reduced by $63,840,000: Provided, That this sub-
section shall not apply to appropriations for the National 
Intelligence Program and Military Intelligence Program. 
SEC. 8028. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services 
Committee of the House of Representatives, the Armed Serv-
ices Committee of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the Senate, and the 
Subcommittee on Defense of the Committee on Appropria-
tions of the House of Representatives. 
SEC. 8029. For the purposes of this Act, the term ‘‘con-
gressional intelligence committees’’ means the Permanent 
Select Committee on Intelligence of the House of Represent-
atives, the Select Committee on Intelligence of the Senate, 
the Subcommittee on Defense of the Committee on Appro-
priations of the House of Representatives, and the Sub-
321 
committee on Defense of the Committee on Appropriations 
of the Senate. 
SEC. 8030. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well 
as the production of components and other Defense-related 
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of del-
egation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and 
private bids: Provided further, That Office of Management 
and Budget Circular A–76 shall not apply to competitions 
conducted under this section. 
SEC. 8031. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, complies 
with the Buy American Act. For purposes of this subsection, 
the term ‘‘Buy American Act’’ means chapter 83 of title 
41, United States Code. 
(b) If the Secretary of Defense determines that a person 
has been convicted of intentionally affixing a label bearing 
a ‘‘Made in America’’ inscription to any product sold in 
or shipped to the United States that is not made in Amer-
322 
ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment of Defense. 
(c) In the case of any equipment or products purchased 
with appropriations provided under this Act, it is the sense 
of the Congress that any entity of the Department of De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-made equipment and products are cost-competitive, 
quality competitive, and available in a timely fashion. 
SEC. 8032. None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy, 
or armor steel plate for use in any Government-owned facil-
ity or property under the control of the Department of De-
fense which were not melted and rolled in the United States 
or Canada: Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, 
American Society of Testing and Materials (ASTM) or 
American Iron and Steel Institute (AISI) specifications of 
carbon, alloy or armor steel plate: Provided further, That 
the Secretary of the military department responsible for the 
procurement may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appro-
priations of the House of Representatives and the Senate
323 
that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and 
that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, 
That these restrictions shall not apply to contracts which 
are in being as of the date of the enactment of this Act. 
SEC. 8033. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of 
products produced in the United States that are covered by 
the agreement, the Secretary of Defense shall rescind the 
Secretary’s blanket waiver of the Buy American Act with 
respect to such types of products produced in that foreign 
country. 
(2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country 
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense pur-
chases from foreign entities in fiscal year 2022. Such report
324 
shall separately indicate the dollar value of items for which 
the Buy American Act was waived pursuant to any agree-
ment described in subsection (a)(2), the Trade Agreements 
Act of 1979 (19 U.S.C. 2501 et seq.), or any international 
agreement to which the United States is a party. 
(c) For purposes of this section, the term ‘‘Buy Amer-
ican Act’’ means chapter 83 of title 41, United States Code. 
SEC. 8034. None of the funds appropriated by this Act 
may be used for the procurement of ball and roller bearings 
other than those produced by a domestic source and of do-
mestic origin: Provided, That the Secretary of the military 
department responsible for such procurement may waive 
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of 
Representatives and the Senate, that adequate domestic 
supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition 
must be made in order to acquire capability for national 
security purposes: Provided further, That this restriction 
shall not apply to the purchase of ‘‘commercial products’’, 
as defined by section 103 of title 41, United States Code, 
except that the restriction shall apply to ball or roller bear-
ings purchased as end items. 
SEC. 8035. In addition to any other funds made avail-
able for such purposes, including pursuant to section 98h
325 
of title 50, United States Code, or elsewhere in this Act, 
there is appropriated $125,000,000, for an additional 
amount for ‘‘National Defense Stockpile Transaction 
Fund’’, to remain available until September 30, 2024, 
which shall only be used for the acquisition and retention 
of certain materials, as specified in the classified annex ac-
companying this Act: Provided, That none of the funds pro-
vided under this section may be obligated or expended until 
90 days after the Secretary of Defense provides the congres-
sional defense committees a detailed execution plan for these 
funds. 
SEC. 8036. None of the funds in this Act may be used 
to purchase any supercomputer which is not manufactured 
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an 
acquisition must be made in order to acquire capability for 
national security purposes that is not available from 
United States manufacturers. 
SEC. 8037. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered into 
between the Department of Defense and the foreign country,
326 
or would invalidate reciprocal trade agreements for the pro-
curement of defense items entered into under section 2531 
of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items pro-
duced in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or 
after the date of the enactment of this Act; and 
(2) options for the procurement of items that are 
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
justed for any reason other than the application of a 
waiver granted under subsection (a). 
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by 
section XI (chapters 50–65) of the Harmonized Tariff 
Schedule of the United States and products classified under 
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 
through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8038. None of the funds made available in this 
Act, or any subsequent Act making appropriations for the 
Department of Defense, may be used for the purchase or 
manufacture of a flag of the United States unless such flags
327 
are treated as covered items under section 2533a(b) of title 
10, United States Code. 
SEC. 8039. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account shall be available 
until expended for the payments specified by section 
2687a(b)(2) of title 10, United States Code. 
SEC. 8040. During the current fiscal year, appropria-
tions which are available to the Department of Defense for 
operation and maintenance may be used to purchase items 
having an investment item unit cost of not more than 
$250,000: Provided, That upon determination by the Sec-
retary of Defense that such action is necessary to meet the 
operational requirements of a Commander of a Combatant 
Command engaged in a named contingency operation over-
seas, such funds may be used to purchase items having an 
investment item unit cost of not more than $500,000. 
SEC. 8041. Amounts appropriated or otherwise made 
available to the Department of Defense in this Act, may 
not be obligated or expended for the retirement or divesti-
ture of the RQ–4 Global Hawk Block 40 aircraft: Provided, 
That the Secretary of the Air Force is prohibited from de-
activating the corresponding squadrons responsible for the 
operations of the aforementioned aircraft.
328 
SEC. 8042. Up to $11,120,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific Regional 
Initiative Program for the purpose of enabling the United 
States Indo-Pacific Command to execute Theater Security 
Cooperation activities such as humanitarian assistance, 
and payment of incremental and personnel costs of training 
and exercising with foreign security forces: Provided, That 
funds made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian 
assistance, security assistance or combined exercise ex-
penses: Provided further, That funds may not be obligated 
to provide assistance to any foreign country that is other-
wise prohibited from receiving such type of assistance under 
any other provision of law. 
SEC. 8043. The Secretary of Defense shall issue regula-
tions to prohibit the sale of any tobacco or tobacco-related 
products in military resale outlets in the United States, its 
territories and possessions at a price below the most com-
petitive price in the local community: Provided, That such 
regulations shall direct that the prices of tobacco or tobacco- 
related products in overseas military retail outlets shall be 
within the range of prices established for military retail 
system stores located in the United States.
329 
SEC. 8044. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the pur-
chase of an investment item for the purpose of acquiring 
a new inventory item for sale or anticipated sale during 
the current fiscal year or a subsequent fiscal year to cus-
tomers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable to 
the Department of Defense Business Operations Fund dur-
ing fiscal year 1994 and if the purchase of such an invest-
ment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense 
for procurement. 
(b) The fiscal year 2023 budget request for the Depart-
ment of Defense as well as all justification material and 
other documentation supporting the fiscal year 2023 De-
partment of Defense budget shall be prepared and submitted 
to the Congress on the basis that any equipment which was 
classified as an end item and funded in a procurement ap-
propriation contained in this Act shall be budgeted for in 
a proposed fiscal year 2023 procurement appropriation and 
not in the supply management business area or any other 
area or category of the Department of Defense Working 
Capital Funds.
330 
SEC. 8045. None of the funds appropriated by this Act 
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year, 
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30, 
2023: Provided, That funds appropriated, transferred, or 
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any 
prior or subsequent fiscal year shall remain available until 
expended: Provided further, That any funds appropriated 
or transferred to the Central Intelligence Agency for ad-
vanced research and development acquisition, for agent op-
erations, and for covert action programs authorized by the 
President under section 503 of the National Security Act 
of 1947 (50 U.S.C. 3093) shall remain available until Sep-
tember 30, 2023: Provided further, That any funds appro-
priated or transferred to the Central Intelligence Agency for 
the construction, improvement, or alteration of facilities, 
including leased facilities, to be used primarily by per-
sonnel of the intelligence community shall remain available 
until September 30, 2024. 
SEC. 8046. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or
331 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the department 
who is transferred or reassigned from a headquarters 
activity if the member or employee’s place of duty re-
mains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), 
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of 
Representatives and the Senate that the granting of the 
waiver will reduce the personnel requirements or the finan-
cial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; 
(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of impro-
vised explosive devices, and, as determined by the Sec-
retary of the Army, other similar threats; 
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of biomet-
ric activities and to integrate common biometric tech-
nologies throughout the Department of Defense; or 
(4) an Air Force field operating agency estab-
lished to administer the Air Force Mortuary Affairs
332 
Program and Mortuary Operations for the Depart-
ment of Defense and authorized Federal entities. 
SEC. 8047. (a) None of the funds appropriated by this 
Act shall be available to convert to contractor performance 
an activity or function of the Department of Defense that, 
on or after the date of the enactment of this Act, is per-
formed by Department of Defense civilian employees un-
less— 
(1) the conversion is based on the result of a pub-
lic-private competition that includes a most efficient 
and cost effective organization plan developed by such 
activity or function; 
(2) the Competitive Sourcing Official determines 
that, over all performance periods stated in the solici-
tation of offers for performance of the activity or 
function, the cost of performance of the activity or 
function by a contractor would be less costly to the 
Department of Defense by an amount that equals or 
exceeds the lesser of— 
(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and
333 
(3) the contractor does not receive an advantage 
for a proposal that would reduce costs for the Depart-
ment of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the premium 
or subscription share than the amount that is 
paid by the Department of Defense for health 
benefits for civilian employees under chapter 89 
of title 5, United States Code. 
(b)(1) The Department of Defense, without regard to 
subsection (a) of this section or subsection (a), (b), or (c) 
of section 2461 of title 10, United States Code, and notwith-
standing any administrative regulation, requirement, or 
policy to the contrary shall have full authority to enter into 
a contract for the performance of any commercial or indus-
trial type function of the Department of Defense that— 
(A) is included on the procurement list estab-
lished pursuant to section 2 of the Javits-Wagner- 
O’Day Act (section 8503 of title 41, United States 
Code);
334 
(B) is planned to be converted to performance by 
a qualified nonprofit agency for the blind or by a 
qualified nonprofit agency for other severely handi-
capped individuals in accordance with that Act; or 
(C) is planned to be converted to performance by 
a qualified firm under at least 51 percent ownership 
by an Indian tribe, as defined in section 4(e) of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga-
nization, as defined in section 8(a)(15) of the Small 
Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot contracts or 
contracts for depot maintenance as provided in sections 
2469 and 2474 of title 10, United States Code. 
(c) The conversion of any activity or function of the 
Department of Defense under the authority provided by this 
section shall be credited toward any competitive or out-
sourcing goal, target, or measurement that may be estab-
lished by statute, regulation, or policy and is deemed to 
be awarded under the authority of, and in compliance with, 
subsection (h) of section 2304 of title 10, United States 
Code, for the competition or outsourcing of commercial ac-
tivities.
335 
(RESCISSIONS) 
SEC. 8048. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and programs 
in the specified amounts: Provided, That no amounts may 
be rescinded from amounts that were designated by the Con-
gress as an emergency requirement pursuant to a concur-
rent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985: 
‘‘Missile 
Procurement, 
Army’’, 
2020/2022, 
$6,953,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army’’, 2020/2022, $4,500,000; 
‘‘Other 
Procurement, 
Army’’, 
2020/2022, 
$13,000,000; 
‘‘Other 
Procurement, 
Navy’’, 
2020/2022, 
$3,500,000; 
‘‘Aircraft Procurement, Air Force’’, 2020/2022, 
$153,485,000; 
‘‘Missile Procurement, Air Force’’, 2020/2022, 
$40,000,000; 
‘‘Other Procurement, Air Force’’, 2020/2022, 
$38,000,000; 
‘‘Operation and Maintenance, Defense-Wide’’, 
2021/2022, $101,000,000;
336 
‘‘Afghanistan Security Forces Fund’’, 2021/2022, 
$700,000,000; 
‘‘Counter-ISIS Train and Equip Fund’’, 2021/ 
2022, $250,000,000; 
‘‘Aircraft 
Procurement, 
Army’’, 
2021/2023, 
$5,000,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army’’, 2021/2023, $4,533,000; 
‘‘Procurement of Ammunition, Army’’, 2021/ 
2023, $64,754,000; 
‘‘Other 
Procurement, 
Army’’, 
2021/2023, 
$3,177,000; 
‘‘Aircraft 
Procurement, 
Navy’’, 
2021/2023, 
$51,782,000; 
‘‘Weapons 
Procurement, 
Navy’’, 
2021/2023, 
$37,035,000; 
‘‘Procurement of Ammunition, Navy and Marine 
Corps’’, 2021/2023, $5,194,000; 
‘‘Shipbuilding and Conversion, Navy: DDG–51 
Destroyer (AP)’’, 2021/2025, $130,000,000; 
‘‘Other 
Procurement, 
Navy’’, 
2021/2023, 
$49,325,000; 
‘‘Procurement, 
Marine 
Corps’’, 
2021/2023, 
$80,109,000;
337 
‘‘Aircraft Procurement, Air Force’’, 2021/2023, 
$690,775,000; 
‘‘Procurement, 
Space 
Force’’, 
2021/2023, 
$35,700,000; 
‘‘Procurement of Ammunition, Air Force’’, 2021/ 
2023, $351,689,000; 
‘‘Other Procurement, Air Force’’, 2021/2023, 
$79,390,000; 
‘‘Research, Development, Test and Evaluation, 
Army’’, 2021/2022, $79,585,000; 
‘‘Research, Development, Test and Evaluation, 
Navy’’, 2021/2022, $68,022,000; 
‘‘Research, Development, Test and Evaluation, 
Space Force’’, 2021/2022, $120,500,000; 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide’’, 2021/2022, $108,717,000; and 
‘‘Defense Counterintelligence and Security Agen-
cy Working Capital Fund’’, 2021/XXXX, $30,000,000. 
SEC. 8049. None of the funds available in this Act may 
be used to reduce the authorized positions for military tech-
nicians (dual status) of the Army National Guard, Air Na-
tional Guard, Army Reserve and Air Force Reserve for the 
purpose of applying any administratively imposed civilian 
personnel ceiling, freeze, or reduction on military techni-
338 
cians (dual status), unless such reductions are a direct re-
sult of a reduction in military force structure. 
SEC. 8050. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose: 
Provided, That this restriction shall not apply to any ac-
tivities incidental to the Defense POW/MIA Accounting 
Agency mission to recover and identify the remains of 
United States Armed Forces personnel from the Democratic 
People’s Republic of Korea. 
SEC. 8051. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the ac-
tivities and programs included within the National Intel-
ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel and 
training procedures.
339 
SEC. 8052. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any 
other department or agency of the United States except as 
specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction or 
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law. 
SEC. 8053. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$49,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the Sec-
retary of Defense that it shall serve the national interest, 
the Secretary shall make grants in the amounts specified 
as follows: $24,000,000 to the United Service Organizations 
and $25,000,000 to the Red Cross. 
SEC. 8054. Notwithstanding any other provision in 
this Act, the Small Business Innovation Research program 
and the Small Business Technology Transfer program set- 
asides shall be taken proportionally from all programs, 
projects, or activities to the extent they contribute to the 
extramural budget. The Secretary of each military depart-
ment, the Director of each Defense Agency, and the head
340 
of each other relevant component of the Department of De-
fense shall submit to the congressional defense committees, 
concurrent with submission of the budget justification docu-
ments to Congress pursuant to section 1105 of title 31, 
United States Code, a report with a detailed accounting 
of the Small Business Innovation Research program and 
the Small Business Technology Transfer program set-asides 
taken from programs, projects, or activities within such de-
partment, agency, or component during the most recently 
completed fiscal year. 
SEC. 8055. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment of Defense for costs of any amount paid by the 
contractor to an employee when— 
(1) such costs are for a bonus or otherwise in ex-
cess of the normal salary paid by the contractor to the 
employee; and 
(2) such bonus is part of restructuring costs asso-
ciated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8056. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act under 
the heading ‘‘Operation and Maintenance, Defense-Wide’’ 
may be transferred to appropriations available for the pay
341 
of military personnel, to be merged with, and to be available 
for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in con-
nection with support and services for eligible organizations 
and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code. 
SEC. 8057. During the current fiscal year, in the case 
of an appropriation account of the Department of Defense 
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section 
1552 of title 31, United States Code, and which has a nega-
tive unliquidated or unexpended balance, an obligation or 
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or 
closed account before the end of the period of avail-
ability or closing of that account; 
(2) the obligation is not otherwise properly 
chargeable to any current appropriation account of 
the Department of Defense; and 
(3) in the case of an expired account, the obliga-
tion is not chargeable to a current appropriation of 
the Department of Defense under the provisions of sec-
342 
tion 1405(b)(8) of the National Defense Authorization 
Act for Fiscal Year 1991, Public Law 101–510, as 
amended (31 U.S.C. 1551 note): Provided, That in 
the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a 
negative unliquidated or unexpended balance in the 
account, any charge to a current account under the 
authority of this section shall be reversed and re-
corded against the expired account: Provided further, 
That the total amount charged to a current appro-
priation under this section may not exceed an 
amount equal to 1 percent of the total appropriation 
for that account: 
Provided, That the Under Secretary of Defense (Comp-
troller) shall include with the budget of the President for 
fiscal year 2023 (as submitted to Congress pursuant to sec-
tion 1105 of title 31, United States Code) a statement de-
scribing each instance if any, during each of the fiscal years 
2016 through 2022 in which the authority in this section 
was exercised. 
SEC. 8058. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may permit 
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available, 
reimbursable basis. The Chief of the National Guard Bu-
343 
reau shall establish the amount of reimbursement for such 
use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that 
subsection. Such funds shall be available for such purposes 
without fiscal year limitation. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8059. Of the funds appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, $47,000,000 shall be for continued implementation 
and expansion of the Sexual Assault Special Victims’ Coun-
sel Program: Provided, That the funds are made available 
for transfer to the Department of the Army, the Department 
of the Navy, and the Department of the Air Force: Provided 
further, That funds transferred shall be merged with and 
available for the same purposes and for the same time pe-
riod as the appropriations to which the funds are trans-
ferred: Provided further, That this transfer authority is in 
addition to any other transfer authority provided in this 
Act. 
SEC. 8060. None of the funds appropriated in title IV 
of this Act may be used to procure end-items for delivery 
to military forces for operational training, operational use
344 
or inventory requirements: Provided, That this restriction 
does not apply to end-items used in development, proto-
typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion does not apply to programs funded within the National 
Intelligence Program: Provided further, That the Secretary 
of Defense shall, at the time of the submittal to Congress 
of the budget of the President for fiscal year 2023 pursuant 
to section 1105 of title 31, United States Code, submit to 
the congressional defense committees a report detailing the 
use of funds requested in research, development, test and 
evaluation accounts for end-items used in development, 
prototyping and test activities preceding and leading to ac-
ceptance for operational use: Provided further, That the re-
port shall set forth, for each end-item covered by the pre-
ceding proviso, a detailed list of the statutory authorities 
under which amounts in the accounts described in that pro-
viso were used for such item: Provided further, That the 
Secretary of Defense shall, at the time of the submittal to 
Congress of the budget of the President for fiscal year 2023 
pursuant to section 1105 of title 31, United States Code, 
submit to the congressional defense committees a certifi-
cation that funds requested for fiscal year 2023 in research, 
development, test and evaluation are in compliance with 
this section: Provided further, That the Secretary of Defense
345 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate that it is in 
the national security interest to do so. 
SEC. 8061. None of the funds appropriated or other-
wise made available by this or other Department of Defense 
Appropriations Acts may be obligated or expended for the 
purpose of performing repairs or maintenance to military 
family housing units of the Department of Defense, includ-
ing areas in such military family housing units that may 
be used for the purpose of conducting official Department 
of Defense business. 
SEC. 8062. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’ 
for any new start advanced concept technology demonstra-
tion project or joint capability demonstration project may 
only be obligated 45 days after a report, including a de-
scription of the project, the planned acquisition and transi-
tion strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense com-
mittees: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying to the 
congressional defense committees that it is in the national 
interest to do so.
346 
SEC. 8063. The Secretary of Defense shall continue to 
provide a classified quarterly report to the Committees on 
Appropriations of the House of Representatives and the 
Senate, Subcommittees on Defense on certain matters as di-
rected in the classified annex accompanying this Act. 
SEC. 8064. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of the 
National Guard serving on full-time National Guard duty 
under section 502(f) of title 32, United States Code, may 
perform duties in support of the ground-based elements of 
the National Ballistic Missile Defense System. 
SEC. 8065. None of the funds provided in this Act may 
be used to transfer to any nongovernmental entity ammuni-
tion held by the Department of Defense that has a center- 
fire cartridge and a United States military nomenclature 
designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 
‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
cendiary tracer (API–T)’’, except to an entity performing 
demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to 
the satisfaction of the Department of Defense that armor 
piercing projectiles are either: (1) rendered incapable of 
reuse by the demilitarization process; or (2) used to manu-
facture ammunition pursuant to a contract with the De-
partment of Defense or the manufacture of ammunition for
347 
export pursuant to a License for Permanent Export of Un-
classified Military Articles issued by the Department of 
State. 
SEC. 8066. Notwithstanding any other provision of 
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under section 2667 
of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to 
any organization specified in section 508(d) of title 32, 
United States Code, or any other youth, social, or fraternal 
nonprofit organization as may be approved by the Chief 
of the National Guard Bureau, or his designee, on a case- 
by-case basis. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8067. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$152,925,875 shall remain available until expended: Pro-
vided, That, notwithstanding any other provision of law, 
the Secretary of Defense is authorized to transfer such funds 
to other activities of the Federal Government: Provided fur-
ther, That the Secretary of Defense is authorized to enter 
into and carry out contracts for the acquisition of real 
property, construction, personal services, and operations re-
lated to projects carrying out the purposes of this section:
349 
(b) Nothing in subsection (a) shall be construed to pro-
hibit the merger of programs or changes to the National 
Intelligence Program budget at or below the Expenditure 
Center level, provided such change is otherwise in accord-
ance with paragraphs (1)–(3) of subsection (a). 
(c) The Director of National Intelligence and the Sec-
retary of Defense may jointly, only for the purposes of 
achieving auditable financial statements and improving fis-
cal reporting, study and develop detailed proposals for al-
ternative financial management processes. Such study shall 
include a comprehensive counterintelligence risk assessment 
to ensure that none of the alternative processes will ad-
versely affect counterintelligence. 
(d) Upon development of the detailed proposals defined 
under subsection (c), the Director of National Intelligence 
and the Secretary of Defense shall— 
(1) provide the proposed alternatives to all af-
fected agencies; 
(2) receive certification from all affected agencies 
attesting that the proposed alternatives will help 
achieve auditability, improve fiscal reporting, and 
will not adversely affect counterintelligence; and 
(3) not later than 30 days after receiving all nec-
essary certifications under paragraph (2), present the
350 
proposed alternatives and certifications to the con-
gressional defense and intelligence committees. 
SEC. 8069. In addition to amounts provided elsewhere 
in this Act, $5,000,000 is hereby appropriated to the De-
partment of Defense, to remain available for obligation 
until expended: Provided, That notwithstanding any other 
provision of law, that upon the determination of the Sec-
retary of Defense that it shall serve the national interest, 
these funds shall be available only for a grant to the Fisher 
House Foundation, Inc., only for the construction and fur-
nishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness 
or hospitalization of an eligible military beneficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8070. In addition to amounts made available 
elsewhere in this Act, $200,000,000 is hereby appropriated 
to the Department of Defense and made available for trans-
fer to the operation and maintenance accounts and re-
search, development, test and evaluation accounts of the 
Army, Navy, Marine Corps, Air Force, and Space Force 
for purposes of improving tactical artificial intelligence at 
the Combatant Commands: Provided, That none of the 
funds provided under this section may be obligated or ex-
pended until 90 days after the Secretary of Defense provides 
to the congressional defense committees an execution plan:
351 
Provided further, 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: Provided further, That upon transfer, the funds 
shall be merged with and available for the same purposes, 
and for the same time period, as the appropriation to which 
transferred: Provided further, That the transfer authority 
provided under this section is in addition to any other 
transfer authority provided elsewhere in this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8071. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made in 
title II of this Act for ‘‘Operation and Maintenance, Army’’, 
‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and 
Maintenance, Air Force’’ may be transferred by the mili-
tary department concerned to its central fund established 
for Fisher Houses and Suites pursuant to section 2493(d) 
of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8072. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Navy’’, up to $1,000,000 shall be 
available for transfer to the John C. Stennis Center for Pub-
lic Service Development Trust Fund established under sec-
tion 116 of the John C. Stennis Center for Public Service 
Training and Development Act (2 U.S.C. 1105).
352 
SEC. 8073. None of the funds available to the Depart-
ment of Defense may be obligated to modify command and 
control relationships to give Fleet Forces Command oper-
ational and administrative control of United States Navy 
forces assigned to the Pacific fleet: Provided, That the com-
mand and control relationships which existed on October 
1, 2004, shall remain in force until a written modification 
has been proposed to the Committees on Appropriations of 
the House of Representatives and the Senate: Provided fur-
ther, That the proposed modification may be implemented 
30 days after the notification unless an objection is received 
from either the House or Senate Appropriations Commit-
tees: Provided further, That any proposed modification 
shall not preclude the ability of the commander of United 
States Indo-Pacific Command to meet operational require-
ments. 
SEC. 8074. Any notice that is required to be submitted 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate under section 806(c)(4) of the 
Bob Stump National Defense Authorization Act for Fiscal 
Year 2003 (10 U.S.C. 2302 note) after the date of the enact-
ment of this Act shall be submitted pursuant to that require-
ment concurrently to the Subcommittees on Defense of the 
Committees on Appropriations of the House of Representa-
tives and the Senate.
353 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8075. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’, 
$500,000,000 shall be for the Israeli Cooperative Programs: 
Provided, That of this amount, $108,000,000 shall be for 
the Secretary of Defense to provide to the Government of 
Israel for the procurement of the Iron Dome defense system 
to counter short-range rocket threats, subject to the U.S.- 
Israel Iron Dome Procurement Agreement, as amended; 
$157,000,000 shall be for the Short Range Ballistic Missile 
Defense (SRBMD) program, including cruise missile de-
fense research and development under the SRBMD pro-
gram, of which $30,000,000 shall be for co-production ac-
tivities of SRBMD systems in the United States and in 
Israel to meet Israel’s defense requirements consistent with 
each nation’s laws, regulations, and procedures, subject to 
the U.S.-Israeli co-production agreement for SRBMD, as 
amended; $62,000,000 shall be for an upper-tier component 
to the Israeli Missile Defense Architecture, of which 
$62,000,000 shall be for co-production activities of Arrow 
3 Upper Tier systems in the United States and in Israel 
to meet Israel’s defense requirements consistent with each 
nation’s laws, regulations, and procedures, subject to the 
U.S.-Israeli co-production agreement for Arrow 3 Upper
354 
Tier, as amended; and $173,000,000 shall be for the Arrow 
System Improvement Program including development of a 
long range, ground and airborne, detection suite: Provided 
further, That the transfer authority provided under this 
provision is in addition to any other transfer authority con-
tained in this Act. 
SEC. 8076. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$660,795,000 shall be available until September 30, 2022, 
to fund prior year shipbuilding cost increases for the fol-
lowing programs: 
(1) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2013/2022: Carrier Replacement Pro-
gram $291,000,000; 
(2) Under the heading ‘‘Shipbuilding and Con-
version, 
Navy’’, 
2015/2022: 
DDG–51 
Destroyer 
$44,577,000; 
(3) Under the heading ‘‘Shipbuilding and Con-
version, 
Navy’’, 
2016/2022: 
DDG–51 
Destroyer 
$1,176,000; 
(4) Under the heading ‘‘Shipbuilding and Con-
version, 
Navy’’, 
2016/2022: 
TAO 
Fleet 
Oiler 
$23,358,000;
355 
(5) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2016/2022: Littoral Combat Ship 
$24,860,000; 
(6) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2016/2022: CVN Refueling Overhauls 
$158,800,000; 
(7) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2017/2022: LPD–17 $53,682,000; 
(8) Under the heading ‘‘Shipbuilding and Con-
version, Navy’’, 2017/2022: Littoral Combat Ship 
$20,000,000; and 
(9) Under the heading ‘‘Shipbuilding and Con-
version, 
Navy’’, 
2018/2022: 
TAO 
Fleet 
Oiler 
$43,342,000. 
SEC. 8077. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 3094) during fiscal year 2022 
until the enactment of the Intelligence Authorization Act 
for Fiscal Year 2022. 
SEC. 8078. None of the funds provided in this Act shall 
be available for obligation or expenditure through a re-
programming of funds that creates or initiates a new pro-
gram, project, or activity unless such program, project, or
461 
TITLE V 
GENERAL PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 501. None of the funds appropriated by this Act 
may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress, other than to commu-
nicate to Members of Congress as described in 18 U.S.C. 
1913. 
SEC. 502. (a) None of the funds made available in title 
III of this Act may be transferred to any department, agen-
cy, or instrumentality of the United States Government, ex-
cept pursuant to a transfer made by or transfer authority 
provided in this Act or any other appropriations Act for 
any fiscal year, transfer authority referenced in the explan-
atory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act), or any authority 
whereby a department, agency, or instrumentality of the 
United States Government may provide goods or services 
to another department, agency, or instrumentality. 
(b) None of the funds made available for any depart-
ment, agency, or instrumentality of the United States Gov-
ernment may be transferred to accounts funded in title III 
of this Act, except pursuant to a transfer made by or trans-
fer authority provided in this Act or any other appropria-
486 
pendents serving in foreign countries; and services author-
ized by 5 U.S.C. 3109. 
SEC. 113. Not to exceed 2 percent of any appropria-
tions in this title made available under the headings ‘‘De-
partmental Offices—Salaries and Expenses’’, ‘‘Office of In-
spector General’’, ‘‘Special Inspector General for the Trou-
bled Asset Relief Program’’, ‘‘Financial Crimes Enforce-
ment Network’’, ‘‘Bureau of the Fiscal Service’’, and ‘‘Alco-
hol and Tobacco Tax and Trade Bureau’’ may be trans-
ferred between such appropriations upon the advance ap-
proval of the Committees on Appropriations of the House 
of Representatives and the Senate: Provided, That no trans-
fer under this section may increase or decrease any such 
appropriation by more than 2 percent. 
SEC. 114. Not to exceed 2 percent of any appropriation 
made available in this Act to the Internal Revenue Service 
may be transferred to the Treasury Inspector General for 
Tax Administration’s appropriation upon the advance ap-
proval of the Committees on Appropriations of the House 
of Representatives and the Senate: Provided, That no trans-
fer may increase or decrease any such appropriation by 
more than 2 percent. 
SEC. 115. None of the funds appropriated in this Act 
or otherwise available to the Department of the Treasury
487 
or the Bureau of Engraving and Printing may be used to 
redesign the $1 Federal Reserve note. 
SEC. 116. The Secretary of the Treasury may transfer 
funds from the ‘‘Bureau of the Fiscal Service—Salaries and 
Expenses’’ to the Debt Collection Fund as necessary to cover 
the costs of debt collection: Provided, That such amounts 
shall be reimbursed to such salaries and expenses account 
from debt collections received in the Debt Collection Fund. 
SEC. 117. None of the funds appropriated or otherwise 
made available by this or any other Act may be used by 
the United States Mint to construct or operate any museum 
without the explicit approval of the Committees on Appro-
priations of the House of Representatives and the Senate, 
the House Committee on Financial Services, and the Senate 
Committee on Banking, Housing, and Urban Affairs. 
SEC. 118. None of the funds appropriated or otherwise 
made available by this or any other Act or source to the 
Department of the Treasury, the Bureau of Engraving and 
Printing, and the United States Mint, individually or col-
lectively, may be used to consolidate any or all functions 
of the Bureau of Engraving and Printing and the United 
States Mint without the explicit approval of the House 
Committee on Financial Services; the Senate Committee on 
Banking, Housing, and Urban Affairs; and the Committees