FY22 NDAA Agreement Summary

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Summary of the Fiscal Year 2022 National Defense Authorization Act

For the 61st consecutive year, Congress has reached a bipartisan, bicameral agreement to pass
the National Defense Authorization Act (NDAA). Each year, the NDAA authorizes funding levels
and provides authorities for the U.S. military and other critical defense priorities, ensuring our
troops have the training, equipment, and resources they need to carry out their missions.
This year’s agreement focuses on the most vital national security priorities for the United
States, including strategic competition with China and Russia; disruptive technologies like
hypersonic weapons, artificial intelligence, 5G, and quantum computing; modernizing our ships,
aircraft, and vehicles; and, most importantly, improving the lives of our servicemembers and
their families.

Funding Summary and Table


The 61st annual NDAA bicameral agreement supports a total of $777.7 billion in fiscal year 2022
funding for national defense. Within this topline, the legislation authorizes $740.0 billion for
the Department of Defense (DOD) and $27.8 billion for national security programs within the
Department of Energy (DOE). This legislation, like the President’s budget request, does not
include a separate Overseas Contingency Operations (OCO) request – any war-related costs are
included in the base budget.

FY22 Defense Funding Levels (in billions of dollars)


Department of Defense $740.30
Department of Energy $27.8
NDAA Topline $768.2
Defense-related Activities Outside NDAA Jurisdiction $9.9
National Defense Topline $777.7

The bill allows up to $6 billion in general transfer authority for unforeseen higher-priority needs
in accordance with normal reprogramming procedures.

Summary of Provisions in the FY22 NDAA

Personnel
Quality of Life

 Includes funding to support a 2.7 percent pay raise for both military servicemembers
and the DOD civilian workforce.
 Authorizes an increase in funding of $70 million for Defense-wide Operations &
Maintenance, Department of Defense Education Activity, for Impact Aid, including $10
million for military children with severe disabilities.

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 Authorizes $75.3 million from the Armed Forces Retirement Home Trust Fund for fiscal
year 2022 for the operation of the Armed Forces Retirement Home.

Military Justice Reform Legislation


 Includes historic reform to how the military investigates and prosecutes certain
offenses under the Uniform Code of Military Justice, including by:
o Establishing special trial counsel who would have exclusive authority to refer
certain offenses to trial by court-martial. Such referral would be binding on
any applicable convening authority.
o Requiring that each Secretary of a Military Department appoint one lead
special trial counsel for each military service in the grade of O-7 or above
with significant military justice experience reporting directly to the Secretary
concerned, without intervening authority.
o Establishing the scope of these reforms to include offenses under the
following Articles of the UCMJ: 117a, 118, 119, 120, 120b, 120c, 125, 128b,
130, and 132, and the standalone offense of child pornography under Article
134 of the UCMJ. The scope would also include the inchoate offenses of
conspiracy, solicitation, or attempt under Articles 81, 82, or 80 of the UCMJ,
relative to the underlying offenses.
o Making numerous necessary conforming amendments to the UCMJ to
effectuate this reform.
o Establishing an effective date for this reform of two years after the date of
enactment of this Act, and by requiring numerous reports and briefings by
the Department concerning implementation.

Other Military Justice and Investigation Matters


 Requires the President to issue regulations to include sexual harassment as a
standalone offense punishable under Article 134 of the UCMJ.
 Requires independent investigations of sexual harassment complaints relative to the
new standalone offense.
 Amends the UCMJ to require military judge-alone sentencing in non-capital courts-
martial, subject to the President’s establishment of sentencing parameters and
criteria.
 Authorizes the DOD Safe Helpline to receive sexual assault reports in both
unrestricted and restricted forms, and to provide support to victims making reports.
 Requires a plan to establish a uniform document management system for the
military justice system.
 Establishes a DOD Primary Prevention Workforce tasked with developing training
and education programs for the prevention of sexual assault among DOD personnel.
 Requires the Secretary to designate a single office to track allegations of retaliation
toward victims of sexual assault or sexual harassment.
 Requires the return to full functionality of the Military Justice Review Panel.

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 Requires the Secretary of Defense to submit a report containing such
recommendations as the Secretary considers appropriate with respect to the
establishment of a separate punitive article in the UCMJ on violent extremism.

Families
 Creates a new category of bereavement leave for military personnel that would permit
servicemembers to take up to two weeks of leave in connection with the death of a
spouse or child.
 Increases parental leave to 12 weeks for all servicemembers for the birth, adoption, or
foster care placement of a child.
 Establishes a Basic Needs Allowance to ensure that all servicemembers can meet the
basic needs of their families.
 Directs the Secretary of Defense, in consultation with the Secretaries of the military
departments and Superintendents of the military academies, to develop policy that
includes the option to preserve parental guardianship rights of cadets and midshipmen.
 Authorizes the Secretary to conduct a pilot program providing direct hire authority to
hire military spouses stationed at a duty station outside of the United States to a term
position within the DOD.
 Requires the Department of Defense to conduct oversight of the military services in
their uniform selections to ensure there is no gender bias in uniform design or selection,
and requires payments if like uniform items cost more for one gender or another.

End Strength
 Army – 485,000
 Navy – 346,920
 Marine Corps – 178,500
 Air Force – 329,220
 Space Force – 8,400

Health Care
 Authorizes coverage of preconception and prenatal carrier screening tests for certain
medical conditions under the TRICARE program.
 Requires the Secretary of Defense to provide certain federal employees and their family
members experiencing symptoms of anomalous health conditions timely access for
medical assessment and treatment, subject to space availability, at certain medical
treatment facilities.
 Authorizes the Secretary of Defense to transfer $137.0 million from the Defense Health
Program to the Joint Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund for the operation of the Captain James A. Lovell Federal
Health Care Center.

DOD Civilian Personnel

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 Establishes new bereavement leave benefit for Federal civilian employees of two weeks
for the death of a child.
 Extends premium pay and other temporary pay authorities for Federal civilian
employees.
 Repeals the requirement to offset National Guard pay of members of the District of
Columbia (DC) National Guard who are also Federal employees, under certain
mobilization authorities unique to members of the DC National Guard.
 Repeals the two-year probationary period for Department of Defense civilian
employees, effective December 31, 2022.
 Eliminates the primacy of performance ratings in reductions-in-force within the
Department of Defense by requiring the Secretary of Defense to account for
performance among other factors.
 Extends through 2026 the authority for employees of Domestic Defense Industrial Base
Facilities and the Major Range and Test Facilities Base hired to time-limited positions to
compete for a permanent appointment in the competitive service.

General Provisions

 Allows the Secretary of Defense to transfer up to $6.0 billion of FY22 funds to


unforeseen higher-priority needs in accordance with normal reprogramming
procedures.
 Establishes a Commission on Planning, Programming, Budgeting, and Execution (PPBE)
Reform to provide an independent review and assessment of the PPBE process of DOD.
 Requires the DOD Comptroller, along with DOD’s Chief Information Officer (CIO) and
Chief Data Officer, to submit a plan to consolidate the IT systems used to manage data
and support the PPBE process.

Air Force Programs


 Requires the Secretary of the Air Force to retire some older C-130s and reduce the total
inventory to 279 aircraft.
 Requires the Air Force to maintain a total fighter inventory of 1,970 aircraft in order to
modernize while still being prepared to execute operations in the near term.
 Prohibits the reduction of A-10 aircraft by the Air Force in fiscal year 2022 and modifies
the F-35 and A-10 report on close air support mission effectiveness.
 Removes the restriction on the divestment of KC-10s and authorizes the Secretary of the
Air Force to divest 18 KC-135s during fiscal year 2022 to facilitate the acceleration of KC-
46 bed down.
 Requires the Secretary of the Defense to report on the B-52 Commercial Engine
Replacement Program costs and cost growth.
 Requires the Secretary of the Air Force and the Vice Chairman of the Joint Chiefs of Staff
to submit requirements to Congress.

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Indo-Pacific Region
 Extends and modifies the Pacific Deterrence Initiative (PDI) to realign DOD efforts
towards PDI objectives and identifies approximately $7.1 billion in FY22 investments
that support and attempt to improve the current posture, capabilities, and activities of
U.S. forces in the Indo-Pacific region.
 Adds nearly $500 million for unfunded requirements identified by the Commander of
U.S. Indo-Pacific Command.
 Extends and modifies the authority underpinning the Indo-Pacific Maritime Security
Initiative.
 States that it shall be the policy of the United States to maintain the ability of the United
States to resist a fait accompli against Taiwan.
 Requires the Under Secretary of Defense for Research and Engineering to conduct an
analysis comparing the research and development efforts of the United States and
China on certain critical, militarily-relevant technologies.
 Extends and modifies an annual required report on military and security developments
involving China.
 Requires the Secretary of Defense to provide to Congress a report on the feasibility and
advisability of establishing improved military-to-military communications with China for
crisis situations.
 Requires the Secretary of Defense to provide the congressional defense committees
with an annual briefing on the feasibility and advisability of enhanced cooperation
between the National Guard and Taiwan.
 Requires the Secretary of Defense to provide an assessment of Taiwan's defensive
asymmetric capabilities and a plan for assisting Taiwan with the improvement of such
capabilities.
 Requires the President to develop a grand strategy with respect to China.

Europe and the Russian Federation


 Extends the limitation on military cooperation between the United States and the
Russian Federation.
 Prohibits the use of funds for any activity that recognizes the sovereignty of the Russian
Federation over Crimea.
 Increases funding by $50 million for the Ukraine Security Assistance Initiative, which
authorizes the Secretary of Defense, with the concurrence of the Secretary of State, to
provide security assistance and intelligence support to military and other security forces
of the Government of Ukraine. Also maintains a minimum requirement of $75 million of
these funds that must be spent on defensive lethal capabilities.
 Extends the authority for the Secretary of Defense, with the concurrence of the
Secretary of State, to provide multilateral or regional training for countries in Eastern
Europe.

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 Expresses the sense of Congress that the United States’ commitment to the North
Atlantic Treaty Organization is ironclad and emphasizes the importance of expanding
cooperation on shared security challenges.
 Expresses the sense of Congress that the United States should continue to prioritize
support for the Baltic states of Estonia, Latvia, and Lithuania as they build and invest in
critical security areas.

Afghanistan
 Establishes a commission to study U.S. involvement in Afghanistan from 2001-2021 and
requires recommendations and lessons learned.
 Enhances oversight through quarterly classified and unclassified security briefings on
Afghanistan by the Undersecretary of Defense for Policy.
 Prohibits the transfer of DOD funds and resources to the Taliban.

Middle East
 Extends and modifies authorization for the provision of assistance to vetted Syrian
groups.
 Extends and modifies authorization for the provision of assistance to the security forces
of the Government of Iraq, including Peshmerga forces.
 Extends the prohibition on in-flight refueling to non-United States aircraft that engage in
the ongoing civil war in Yemen, while continuing defense support to the Kingdom of
Saudi Arabia to counter ballistic missiles and other threats from Iranian-backed Houthis.
 Establishes a grant program for U.S.-Israel cybersecurity cooperation.

Counterterrorism
 Extends through December 31, 2022, existing restrictions relating to the detention
facility at the United States Naval Station, Guantanamo Bay, Cuba, specifically:
o A ban on the transfer of Guantanamo detainees to the United States;
o A ban on the use of DOD funds to construct or modify facilities in the United
States to house Guantanamo detainees;
o A ban on the use of DOD funds to transfer Guantanamo detainees to specific
countries; and
o A ban on the use of DOD funds to close the United States Naval Station,
Guantanamo Bay, relinquish control over that facility, or to make a material
modification to the treaty between the United States and Cuba that would
constructively close the Guantanamo Bay facility.
 Requires the Chief Medical Officer of the Guantanamo Bay detention facility to submit a
classified report to the Armed Services Committees on the provision of medical care to
detainees at Guantanamo.
 Requires improved reporting with respect to sensitive military operations in
Afghanistan, Iraq, and Syria, and the use of military force in collective self-defense.

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Strategic Planning
 Establishes a Commission on the National Defense Strategy to provide an independent
review and assessment of the forthcoming NDS.
 Requires an assessment of joint force requirements for 3D terrain data to achieve
Combined Joint All-Domain Command and Control and a determination of whether One
World Terrain 3D geospatial data meets requirements for precision targeting and a
determination of the optimum management funding structures for 3D terrain data.
 Requires the Secretary of Defense to submit a report on the activities and programs of
DOD to implement the irregular warfare strategy consistent with the 2019 Irregular
Warfare Annex to the NDS.
 Requires the Secretary of Defense to develop and implement security cooperation
strategies for each of the geographic combatant commands.
 Establishes a Secretary of Defense initiative to support DOD activities and programs to
engage in long-term strategic competition with near-peer rivals short of armed conflict,
and requires specific plans for strategic competition initiatives in the U.S. Southern
Command and U.S. Africa Command areas of responsibility.
 Provides temporary authority to pay the personnel expenses of foreign national security
forces participating in training through the U.S.-Colombia Action Plan.

Personnel / Defense and Acquisition Management


 Creates a working group to assist the official designated to coordinate and integrate the
training program on foreign malign influence and requires the working group to assist in
coordinating and integrating the training program in order to enhance and strengthen
servicemember and DOD employee awareness of and defenses against foreign malign
influence.
 Authorizes a Secretary of a military department to present an award or decoration
following a favorable review of a request of a Member of Congress after a 60-day period
for congressional review.

Airland
Army
 Increases research, development, test and evaluation funding for Army modernization
priorities and enduring capabilities that enable multi-domain operations against near-
peer competitors.
 Supports requested funding for rapid development and fielding of land-based long-
range fires, including Precision Strike Missile (PrSM), Medium-Range Capability (MRC),
and Long-Range Hypersonic Weapon (LRHW).
 Supports requested funding for Future Long-Range Assault Aircraft (FLRAA) and Future
Attack Reconnaissance Aircraft (FARA).
 Supports Next Generation Combat Vehicle programs, including Mobile Protected
Firepower (MPF), Robotic Combat Vehicles (RCV) and Optionally-Manned Fighting

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Vehicle (OMFV), but requires a report on analysis used to refine OMFV requirements
before physical prototyping.
 Authorizes increased funding for continued development of enduring combat vehicles
including Abrams tank technologies and Stryker and Bradley active protection systems.
 Requires the Secretary of the Army to establish technical standards for armor materials
in combat vehicles.
 Supports requested funding for Integrated Air and Missile Defense capabilities.
 Supports procurement of the Integrated Visual Augmentations System (IVAS) consistent
with ongoing development, and requires a post-operational-test report on system
development, functionality, and suitability, and the plan for continued iterative
improvement.
 Authorizes increased funding for procurement of enduring combat vehicles, including
the Abrams tank, Bradley fighting vehicle, Paladin self-propelled howitzer, and tactical
vehicles.
 Authorizes increased funding for CH-47F Block-II Chinook and UH-60 Black Hawk
helicopters and authorizes multi-year procurement of AH-64E Apache and UH-60M and
HH-60M Black Hawk helicopters.
 Authorizes numerous unfunded requirements as requested by the Chief of Staff of the
Army.

Air Force
 Prohibits reductions in B-1 bomber squadron combat capability until such time as the B-
21 aircraft begins fielding.
 Authorizes $4.4 billion for the F-35A program, including an increase of $175 million for
the purchase of F135 power modules and the resources to begin upgrading the fleet to
TR-3/Block 4 capability.
 Authorizes an additional $576 million to purchase five additional F-15EX aircraft.
 Authorizes $733.2 million for F-16 modifications, including an increase of $100 million
for the procurement of additional AESA radar sets across the entire F-16 fleet.
 Authorizes the procurement of Valkyrie aircraft for Skyborg and the unmanned
adversary air programs.
 Authorizes an increase of $257 million for Air Force advanced engine development.

Defense Wide
 Directs the Secretary of Defense to deliver a report to the defense committees on
hypersonic test facilities.
 Requires the Service Secretaries to establish sustainment cost objects in fiscal year 2026
for the F-35 program.
 Directs the Vice Chairman of the Joint Chiefs, in coordination with the Chiefs of the
Military Services and Commanders of U.S. Indo-Pacific Command (INDOPACOM) and
U.S. European Command (EUCOM), to conduct an assessment of Joint Force capability
and capacity to defend against anticipated complex, high-volume, advanced missile
attacks.

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Cybersecurity
Strengthening DOD’s Cybersecurity Posture
 Requires the development of a joint zero trust strategy and a model architecture for the
Department of Defense Information Network and a data management strategy.
 Requires a program to demonstrate and assess an automated security validation
capability to assist the Department in cybersecurity efforts.
 Directs an assessment of the utility and cost-benefits of using capabilities to make risk-
based vulnerability remediation decisions, identify key cyber terrain and assets, identify
single-node mission dependencies, and monitor for changes in mission threat execution.
 Requires an assessment of the impact of the Cybersecurity Maturity Model Certification
program on small businesses.

Enhancing CYBERCOM’s Authorities and Capabilities


 Authorizes full funding for U.S. Cyber Command (CYBERCOM).
 Assigns to the Commander, CYBERCOM, responsibility for directly controlling and
managing the planning, programming, budgeting, and execution of the resources to
maintain the Cyber Mission Forces.
 Requires the Commander, CYBERCOM, to establish a voluntary process for engaging
with the commercial information technology and cybersecurity companies to develop
methods of coordination to protect against foreign malicious cyber actors.

Strengthening the Federal Government’s Cybersecurity Posture


 Creates a pilot program led by the Director of the Cybersecurity and Infrastructure
Security Agency, in coordination with the Secretary of Defense and the National Cyber
Director, to assess the feasibility and advisability of entering into voluntary public-
private partnerships with internet ecosystem companies to facilitate actions by such
companies to discover and disrupt the use of the platforms, systems, services, and
infrastructure of such companies by malicious cyber actors.
 Requires the Department of Homeland Security to take a variety of steps to improve
cybersecurity, including by developing a strategy to improve cybersecurity, enhance
cyber incident response, establish a national cyber exercise program, and establish a
competition related to cybersecurity vulnerabilities.
 Requires a CyberSentry program to provide continuous monitoring and detection of
cybersecurity risks to certain critical infrastructure entities.

Responding to the Cyber Threat Environment


 Requires an assessment of the current and emerging offensive cyber posture of
adversaries of the United States and the plans of the military services for offensive cyber
operations during potential conflict.

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 Requires an assessment of the policy, capacity, and capabilities of DOD to defend the
United States from ransomware attacks.
 Strengthens the university cyber consortium of academic institutions that have been
designed as Cyber Centers of Academic Excellence for cyber operations, cyber research,
and cyber defense.
 Directs the Comptroller General to assess DOD’s efforts to address information and
communications technology supply chain risks.
 Expands eligibility for Department of Defense support and services to owners of critical
infrastructure, including National Guard training on protection of critical infrastructure
in the event of a cyber attack.

Emerging Threats and Capabilities


Research, Development, Test, and Evaluation
 Authorizes an increase of more than $3 billion in funds available for science and
technology programs that fund cutting-edge research and prototyping activities at
universities, small businesses, defense labs, and industry, including in critical areas such
as artificial intelligence, microelectronics, advanced materials, 5G, and biotechnology.
 Authorizes an increase of nearly $1 billion in funding for DARPA’s high-risk, high-payoff
research, including in areas such as quantum computing.
 Authorizes over $2.6 billion for defense university research programs of the military
services and DARPA.
 Implements a number of recommendations from the National Security Commission on
Artificial Intelligence, including accelerating processes to apply artificial intelligence
capabilities to military systems, processes, and operations.
 Establishes a national security commission on emerging biotechnology to examine and
make recommendations on the impact of emerging biotechnology to current and future
missions and activities of the Department of Defense.
 Requires the Secretary of Defense to modify the Joint Common Foundation program of
the Joint Artificial Intelligence Center to enable DOD components to access the
advanced artificial intelligence computing platforms and services of commercial
companies to build applications.
 Requires the Secretary of Defense to establish a set of activities to accelerate the
development and deployment of quantum capabilities.
 Mandates the establishment of the microelectronics research network, originally
established in the Creating Helpful Incentives to Produce Semiconductors for America
Act (CHIPS Act).
 Strengthens the ability of the Department of Defense laboratories and DARPA to hire
and retain world-class technical talent.

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 Authorizes funding for other unfunded requirements as requested by the Commanders
of EUCOM, AFRICOM, CENTCOM, NORTHCOM, and SOUTHCOM.

Operation and Maintenance


 Authorizes an increase of $67.0 million for U.S. Africa Command (AFRICOM) for
intelligence, surveillance, and reconnaissance (ISR).
 Authorizes an increase of $18 million for Southern Command (SOUTHCOM) ISR
operations.
 Authorizes an increase of $45.14 million for EUCOM security cooperation programs and
activities.
 Authorizes an increase of $59.6 million for AFRICOM security cooperation programs and
activities.
 Authorizes funding for other unfunded requirements as requested by the Chief of the
National Guard Bureau and the Commanders of EUCOM, AFRICOM, CENTCOM,
NORTHCOM, and SOUTHCOM.

Special Operations
 Directs an updated manpower study to ensure the office of the Assistant Secretary of
Defense for Special Operations and Low-Intensity Conflict has the personnel and
resources it needs to fulfill its “service secretary-like” responsibilities for the oversight of
and advocacy for special operations forces.
 Requires the Assistant Secretary of Defense for Special Operations and Low-Intensity
Conflict and the Commander of SOCOM to submit a special operations forces joint
operating concept for competition and conflict.
 Extends the authority to provide support to regular forces, irregular forces, groups, and
individuals (known as “1202”) for irregular warfare through 2025.
 Requires a plan for optimizing the Irregular Warfare Technical Support Directorate.

Policy Provisions
 Directs the Comptroller General to assess the operational security standards for
microelectronics products and services.
 Directs the Comptroller General to conduct a review of the DOD’s directed energy
development efforts.
 Directs the Under Secretary of Defense for Research and Engineering to provide a
briefing on the support that the manufacturing institutes are providing to the technical
and transition roadmaps developed for relevant modernization priorities.
 Requires the Secretary of Defense and the Director of National Intelligence to take
actions to address unidentified aerial phenomena.
 Requires the Under Secretary of Defense for Intelligence and Security to develop a plan
for more effectively fulfilling the intelligence and information requirements of the
combatant commands in support of efforts to expose and counter foreign malign
influence, coercion, and subversion.

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 Requires the President to establish an Interagency Coordinator for Anomalous Health
Incidents (AHI) and directs the Secretary of Defense to establish a cross-functional team
to address DOD-specific aspects of AHI.

Readiness and Management Support

 Authorizes more than $3.5 billion of additional military construction projects above the
President’s Budget while incrementing $1.4 billion from other large projects in the
budget request that were deemed ahead of need

Research, Development, Test, and Evaluation


 Authorizes an increase of more than $25 million for industrial base programs to support
development of advanced manufacturing capabilities and train a world-class
manufacturing workforce.

Operation and Maintenance


 Authorizes an increase of $98.0 million for Army PFAS cleanup, $167.3 million for Navy
PFAS cleanup, $175.0 million for Air Force PFAS cleanup, and $74.0 million for PFAS
cleanup for FUDS.
 Authorizes an increase of $15.0 million for the Centers for Disease Control and
Prevention Nation-wide human health assessment on PFAS.
 Authorizes an increase of $15.0 million for Bien Hoa dioxin cleanup.
 Authorizes an increase of $3.0 million for additional personnel for Environment, Safety,
and Occupational Health.

Environmental and Health Security


 Requires performance evaluations of certain officers and enlisted personnel with duties
related to military privatized housing include an assessment of the extent to which the
individual exercised effective oversight and leadership of military privatized housing.
 Clarifies that the Sentinel Landscape Partnership program is also authorized to address
concerns of military installation resilience in addition to conservation efforts.
 Prohibits the use of open-air burn pits in contingency operations outside the United
States unless waived by the Secretary of Defense.
 Prohibits DOD from incinerating PFAS substances until the Department issues
implementation guidance or until the date the EPA publishes a final rule regarding the
destruction of PFAS substances.
 Directs the GAO to audit the DOD’s procurement of certain items that contain PFAS
substances.
 Extends the transfer authority for funding of study and assessment on health
implications of PFAS substances contamination in drinking water by the Centers for
Disease Control and Prevention.

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 Requires the Navy to inspect the pipeline system, supporting infrastructure, and other
corrosion prone equipment at the Red Hill Bulk Fuel Storage Facility.
 Directs that the Department’s core processes fully consider and make needed
adjustments to account for current and emerging climate and environmental challenges
and to ensure the climate resilience of assets and capabilities of the Department.
 Directs the Secretaries of the military departments to conduct an assessment of climate
risks to infrastructure under their jurisdiction.

Acquisition Policy, Contracting Reform, and Industrial Base Recommendations


 Requires the Services to identify the highest- and lowest-performing acquisition
programs, and for the lowest-performing programs, provide a report that outlines the
factors behind the program's performance and steps being taken to improve
performance.
 Requires defense contractors to disclose the sources of the printed circuit boards used
in certain defense systems.
 Requires defense contractors to disclose their use of workforce and facilities in the
performance of certain defense contracts.
 Repeals the preference for fixed-price contracts.
 Establishes a pilot program to develop and implement unique contracting mechanisms
for emerging technology that can increase the speed, flexibility, and competition of DOD
acquisition process.
 Authorizes DOD to use Commercial Solutions Openings to solicit and acquire innovative
commercial items, technologies, or services.
 Clarifies that the technology prize authority can be used for the awarding of
procurement agreements.
 Modifies certain certifications required of the Secretary of Defense before approving a
multi-year procurement contract to include a certification that DOD will not reduce the
quantity of end items under such a contract without prior approval from the
congressional defense committees.
 Enhances education and training for defense acquisition workforce, including by
strengthening partnership with universities.
 Includes a number of provisions aimed at strengthening the defense and manufacturing
industrial base.
 Includes a number of provisions aimed at improving the ability for the Department of
Defense to work with small businesses.
 Prohibits the Secretary of Defense from procuring personal protective equipment
manufactured in China, Russia, North Korea, or Iran.

Defense Wide
 Requires DOD to develop and implement management innovation activities to support
more effective business operations, including enhancing research on management
challenges and partnerships with management and business schools.

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Seapower

 Includes a $4.7 billion increase for shipbuilding, including 5 additional battle


force ships: 2 destroyers, 2 expeditionary fast transports, and 1 fleet oiler.

Destroyers
 Authorizes $4.9 billion for Arleigh Burke-class destroyers, an increase of $2.9 billion to
builds three guided missile destroyers in fiscal year 2022.
 Authorizes an increase of $120.0 million for long lead material for the Arleigh Burke-
class destroyer program.
 Expresses support for an acquisition strategy for the next generation destroyer that
would feature greater collaboration between industry and the government, taking
lessons from early successes in the Columbia-class program, and directs the Secretary of
the Navy to provide a report on the use of such acquisition practices in the next
generation destroyer program.
 Requires the Secretary of the Navy to report on various aspects of a potential destroyer
multiyear procurement contract starting in fiscal year 2023.
 Provides additional specificity for the engineering test program required for the DDG(X)
program.
 Requires an advanced degaussing system be installed on destroyers procured beginning
in fiscal year 2025.

Submarines
 Authorizes $3.1 billion for the Columbia-class submarine program, an increase of $130
million, for industrial base development and expansion in support of the Virginia and
Columbia shipbuilding programs.
 Authorizes $6.6 billion for the procurement of two Virginia-class submarines and
advance procurement of future submarines, including an additional $200 million to
expand the submarine industrial base.

Amphibious Ships
 Extends through fiscal year 2022 an authority granted in last year’s NDAA to enter into a
multi-ship procurement contract for up to four amphibious vessels.
 Authorizes $250 million for LPD Flight II advance procurement, an increase of $250
million to support a multi-ship procurement or long-lead time material procurement for
amphibious warships.
 Authorizes $168.6 million for the LHA replacement, an increase of $100 million to gain
efficiencies by accelerating construction of LHA-9.

Other Shipbuilding
 Authorizes 120.0 million to purchase two used sealift vessels.

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 Adds $540.0 million for the procurement of two expeditionary fast transport vessels.
 Authorizes $286.7 million for the procurement of four Ship-to-Shore Connectors, an
increase of two vessels.
 Supports the President’s budget request to procure one Constellation-class frigate, one
T-AGOS vessel, two Navajo-class vessels, and four landing craft utility vessels.
 Adds $668 million for procurement of one fleet oiler.

Navy Strategy
 Requires the Navy to develop a 15-year acquisition, modernization, and sustainment
plan for the entire carrier air wing, building off the FY21 NDAA requirement to produce
a fighter force structure acquisition strategy.
 Requires updated Navy battle force ship assessment and requirement reporting when
DOD updates strategic guidance.

Oversight
 Prohibits the early retirement of naval vessels unless the Secretary of the Navy makes
certain certifications to Congress.
 Requires the Navy to establish a position of Deputy Commander of the Naval Sea
Systems Command for the Supervision of Shipbuilding, Conversion, and Repair to
improve oversight and administration of shipbuilding contracts.
 Requires additional design maturity certifications prior to starting a new shipbuilding
program.
 Prohibits the retirement of more than five Ticonderoga-class cruisers in fiscal year 2022.
 Prohibits the retirement of Mark VI patrol boats in fiscal year 2022.

Aircraft
 Authorizes $1.0 billion for 12 F/A-18E/F aircraft.
 Authorizes $191 million to purchase an additional E-2D aircraft.
 Authorizes $197.0 million to purchase two additional C-130J aircraft.
 Authorizes $197.9 million to purchase two additional KC-130J tanker aircraft.
 Authorizes $250.0 million to purchase two additional CH-53K helicopters.
 Authorizes $323.0 million to purchase two MQ-4C Triton unmanned aerial systems.
 Authorizes $117.8 million to purchase additional F-35B spares.

Sensors
 Extends a prohibition on availability of funds for certain Navy waterborne security
equipment pending improvements to program management.
 Requires the Office Cost Assessment and Program Evaluation to conduct a review of
three similar radar systems used for air and missile defense by the Navy and Missile
Defense Agency.
 Authorizes $303.52 million for sonobuoy procurement, an increase of $54.4 million.
 Authorizes $304 million to purchase eight additional G/ATOR systems for the Marine
Corps.

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Strategic Forces
Research, Development, Test, and Evaluation
 Authorizes an increase of $75 million for the development of the Homeland Defense
Radar- Hawaii.
 Authorizes an increase of $15.0 million for the Strategic Weapons System Shipboard
Navigation Modernization program.
 Authorizes an increase of $25.0 million for the development of the Over the Horizon
Radar capability for the North Warning System.
 Authorizes an increase of $50.0 million for the development of technologies and
concepts of operations based on those technologies for Tactically Responsive Launch.
 Authorizes an increase of $15.0 million for Digital Core Services for the Nevada Test and
Training Range.
 Authorizes an increase of $6.0 million for laser communications in space.

Space Activities
 Authorizes an increase of $10.0 million to bridge space protection gaps - U.S. Space
Command.
 Authorizes and additional $66 million for the Cheyenne Mountain Complex for
operations and maintenance of this strategic asset
 Provides the Secretary of the Air Force the authority to delegate the duties and
authorities of the Senior Procurement Executive that relate to space systems and
programs.
 Directs the Secretary of the Air Force to delegate milestone decision authority and head
of contracting authority to the Director of the Space Development Agency for Tranche 0
and 1 to continue to allow SDA to develop game changing capability at speed.
 Begins the long term effort to increase the role of the Space Force as the Title 10
providers of people, hardware and operations in the space domain by consolidating
disparate efforts across the Armed Services consistent with the intent of Congress in its
creation.
a. Changes the name of the Space Force Acquisition Council to the Space
Acquisition Council to review Armed Services space programs and an increased
oversight role of the Space Service Acquisition Executive to ensure acquisition
programs across the armed services are coordinated.
b. Requires the Secretary of Defense to designate the Chief of Space Operations as
the Force Design Architect for the Armed Forces within 90 days and certify that
designation to the congressional defense committees.

Cooperative Threat Reduction


 Authorizes $344.89 million for the Cooperative Threat Reduction program to stem the
proliferation of nuclear, chemical, and biological threats around the world, an increase

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of $105 million to help contain stock of dangerous pathogens at laboratories world-
wide.

Nuclear Forces
 Requires involvement from senior civilian and military officials in nuclear command,
control, and communications exercises, as well as in the decision-making with respect to
optimize Presidential decision capability in a time of crisis.
 Extends existing timelines for prior notification to Congress of any unilateral reductions
in the U.S. nuclear weapons stockpile, the number of deployed U.S. nuclear weapons,
and changes to U.S. nuclear forces in Europe; reinstates a requirement to perform a
conditional net assessment of the capability of the U.S. nuclear weapons stockpile to
deter global nuclear threats; and updates the date of effect for any changes to the U.S.
stockpile.
 Establishes a congressional commission to examine and make recommendations to
Congress and the President on the long-term strategic posture of the United States.
 Requires the Secretary of the Air Force to ensure that the B-21 bomber is capable of
employing the Long-Range Standoff Weapon.
 Prohibits the obligation or expenditure of fiscal year 2022 funds to reduce deployed U.S.
intercontinental ballistic missiles’ responsiveness, alert level, or quantity to fewer than
400.
 Requires the Secretary of Defense, through the Under Secretary of Defense for Policy
and the Vice Chairman of the Joint Chiefs of Staff, to conduct a comprehensive review of
U.S. nuclear posture for the next 5 to 10 years, and to submit a report on the results of
the review to the congressional defense committees.
 Requires the Secretary of Defense to provide for an independent review of the safety,
security, and reliability of United States nuclear weapons systems; the nuclear
command, control, and communications system; and the integrated tactical warning
and attack assessment system.
 Requires, upon release of the Nuclear Posture Review, a briefing on allied consultations
and reactions, including those regarding possible changes to U.S. nuclear declaratory
policy.

Missile Defense Programs


 Directs the Secretary of Defense to identify an architecture and acquisition approach for
developing a comprehensive missile defense capability that can be fielded on Guam
within 10 years.
 Directs the Secretary of Defense to delegate the authority for developing directed
energy-based missile defenses to the Director of the Missile Defense Agency (MDA).
 Authorizes the Director of the Missile Defense Agency (MDA) to develop a highly reliable
missile defense interceptor for the Ground-Based Midcourse Defense system.
 Requires a plan for conducting annual reliability testing for the Next-Generation
Interceptor and ensure at least one test a year is performed in an operational setting for
the Ground-Based Midcourse Defense system.

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 Authorizes funding for the procurement of the Iron Dome short-range rocket defense
system, David’s Sling Weapon System, and Arrow 3 Upper Tier Interceptor Program, and
establishes options for expanded U.S.-Israel co-production.
 Requires the Director of the MDA to certify that the ongoing program for developing a
homeland defense discrimination radar for Hawaii will be operational no later than
2028.
 Prohibits MDA from entering into a program of record to develop and field operational
satellite constellation and ground systems unless a waiver is obtained from the Space
Acquisition Council.
 Requires the Secretary of Defense to provide for an independent review of DOD
Components’ missile defense roles and responsibilities.

Defense Intelligence and Intelligence-Related Activities


 Requires the Director of the Defense Intelligence Agency to provide to the congressional
defense and intelligence committees an annual briefing on the electronic warfare
threats posed to the U.S. military from the Russian Federation, the People’s Republic of
China, and other relevant nations.

Maritime Administration
 Authorizes various aspects of the Maritime Administration.

Department of Energy
National Security Programs and Authorizations
 Authorizes $20.2 billion for the activities of the NNSA.
 Authorizes $6.48 billion for the Department of Energy’s defense environmental cleanup
activities.
 Authorizes $920 million for DOE other defense activities.
 Authorizes $149.8 million for DOE nuclear energy activities.

Defense Environmental Cleanup


 Creates a series of competitively selected technology demonstration programs and a
university grant program to underpin the technology required to support environmental
cleanup efforts.
 Directs NNSA to develop a comprehensive strategy that includes the type and quantity
of defense nuclear waste it will generate, plans to treat, store, and dispose of the waste,
and potential disposal facilities.

Budget Items
 Authorizes an increase of $92.4 million to restore funding for NNSA engineering and
science programs.
 Authorizes an increase of $350.0 million to the NNSA’s infrastructure and operations of
facilities.

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 Authorizes an increase of $23 million to the NNSA’s Defense Nuclear Non-proliferation
Program
 Authorizes an increase of $12.39 million to help accelerate the cleanup of high-risk
contaminated facilities at the Y-12 plant.
 Authorizes an increase of $6.0 million to restore the proposed decrease for DOE
Environmental Management Savannah River Community and regulatory support
 Authorizes an increase of $1.36 million to help restore the proposed decrease and help
operations at H Canyon.

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