National Defense Authorization Act for Fiscal Year 2022

135 STAT. 1541 PUBLIC LAW 117–81—DEC. 27, 2021 Public Law 117–81 117th Congress An Act To authorize appropriations for fiscal year 2022 for military activities of the Depart- ment of Defense, for military construction, and for defense activities of the Depart- ment of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘National Defense Authorization Act for Fiscal Year 2022’’. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) DIVISIONS.—This Act is organized into six divisions as fol- lows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (5) Division E—Department of State Authorization (6) Division F—Other Non-Department of Defense Matters. (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. Sec. 5. Explanatory statement. DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. Modification of deployment by the Army of interim cruise missile defense capability. Sec. 112. Multiyear procurement authority for AH–64E Apache helicopters. Sec. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters. Sec. 114. Continuation of Soldier Enhancement Program. Sec. 115. Limitation on availability of funds pending report on the Integrated Vis- ual Augmentation System. Sec. 116. Strategy and authority for the procurement of components for the next generation squad weapon. National Defense Authorization Act for Fiscal Year 2022. Dec. 27, 2021 [S. 1605] VerDate Sep 11 2014 06:05 Jan 31, 2022 Jkt 029139 PO 00081 Frm 00001 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL081.117 PUBL081 dkrause on LAP5T8D0R2PROD with PUBLAWS 135 STAT. 1542 PUBLIC LAW 117–81—DEC. 27, 2021 Subtitle C—Navy Programs Sec. 121. Extension of procurement authority for certain amphibious shipbuilding programs. Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 123. Extension of report on Littoral Combat Ship mission packages. Sec. 124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers. Sec. 125. Report on the potential benefits of a multiyear contract for the procure- ment of Flight III Arleigh Burke class destroyers. Sec. 126. Acquisition, modernization, and sustainment plan for carrier air wings. Sec. 127. Report on material readiness of Virginia class submarines of the Navy. Subtitle D—Air Force Programs Sec. 131. Extension of inventory requirement for Air Force fighter aircraft. Sec. 132. Contract for logistics support for VC–25B aircraft. Sec. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons. Sec. 134. Prohibition on use of funds for retirement of A–10 aircraft. Sec. 135. Limitation on availability of funds for the B–52 Commercial Engine Re- placement Program. Sec. 136. Limitation on availability of funds pending information on bridge tanker aircraft. Sec. 137. Inventory requirements and limitations relating to certain air refueling tanker aircraft. Sec. 138. Minimum inventory of tactical airlift aircraft. Sec. 139. Report relating to reduction of total number of tactical airlift aircraft. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 141. Implementation of affordability, operational, and sustainment cost con- straints for the F–35 aircraft program. Sec. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy. Sec. 143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities. Sec. 144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program. Sec. 145. Analysis of certain radar investment options. Sec. 146. Review and briefing on fielded major weapon systems. Sec. 147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Codification of National Defense Science and Technology Strategy. Sec. 212. Codification of direct hire authority at personnel demonstration labora- tories for advanced degree holders. Sec. 213. Duties and regional activities of the Defense Innovation Unit. Sec. 214. Codification of requirement for Defense Established Program to Stimulate Competitive Research. Sec. 215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories. Sec. 216. Improvements relating to steering committee on emerging technology and national security threats. Sec. 217. Improvements relating to national network for microelectronics research and development. Sec. 218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions. Sec. 219. Technical correction to pilot program for the enhancement of the re- search, development, test, and evaluation centers of the Department of Defense. Sec. 220. Defense research and engineering activities at minority institutions. Sec. 221. Test program for engineering plant of DDG(X) destroyer vessels. Sec. 222. Consortium to study irregular warfare. Sec. 223. Development and implementation of digital technologies for survivability and lethality testing. VerDate Sep 11 2014 06:05 Jan 31, 2022 Jkt 029139 PO 00081 Frm 00002 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL081.117 PUBL081 dkrause on LAP5T8D0R2PROD with PUBLAWS 135 STAT. 1543 PUBLIC LAW 117–81—DEC. 27, 2021 Sec. 224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft. Sec. 225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base. Sec. 226. Review of artificial intelligence applications and establishment of per- formance metrics. Sec. 227. Modification of the joint common foundation program. Sec. 228. Executive education on emerging technologies for senior civilian and mili- tary leaders. Sec. 229. Activities to accelerate development and deployment of dual-use quantum technologies. Sec. 230. National Guard participation in microreactor testing and evaluation. Sec. 231. Pilot program on the use of private sector partnerships to promote tech- nology transition. Sec. 232. Pilot program on data repositories to facilitate the development of artifi- cial intelligence capabilities for the Department of Defense. Sec. 233. Pilot programs for deployment of telecommunications infrastructure to fa- cilitate 5G deployment on military installations. Sec. 234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis. Sec. 235. Limitation on transfer of certain operational flight test events and reduc- tions in operational flight test capacity. Sec. 236. Limitation on availability of funds for certain C–130 aircraft. Sec. 237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation. Sec. 238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System. Subtitle C—Plans, Reports, and Other Matters Sec. 241. Modification to annual report of the Director of Operational Test and Evaluation. Sec. 242. Adaptive engine transition program acquisition strategy for the F–35A aircraft. Sec. 243. Acquisition strategy for an advanced propulsion system for F–35B and F– 35C aircraft. Sec. 244. Assessment of the development and test enterprise of the Air Force Re- search Laboratory. Sec. 245. Study on efficient use of Department of Defense test and evaluation orga- nizations, facilities, and laboratories. Sec. 246. Report on autonomy integration in major weapon systems. Sec. 247. Reports and briefings on recommendations of the National Security Com- mission on Artificial Intelligence regarding the Department of Defense. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Inclusion of impacts on military installation resilience in the National De- fense Strategy and associated documents. Sec. 312. Energy efficiency targets for Department of Defense data centers. Sec. 313. Grants for maintaining or improving military installation resilience. Sec. 314. Maintenance of current analytical tools in evaluating energy resilience measures. Sec. 315. Authority to transfer amounts derived from energy cost savings. Sec. 316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States. Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership program to in- clude resilience. Sec. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i. Sec. 319. Energy, water, and waste net-zero requirement for major military instal- lations. Sec. 320. Demonstration program on domestic production of rare earth elements from coal byproducts. Sec. 321. Long-duration demonstration initiative and joint program. Sec. 322. Pilot program to test new software to track emissions at certain military installations. Sec. 323. Department of Defense plan to reduce greenhouse gas emissions. Subtitle C—National Security Climate Resilience Sec. 331. Definitions. VerDate Sep 11 2014 06:05 Jan 31, 2022 Jkt 029139 PO 00081 Frm 00003 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL081.117 PUBL081 dkrause on LAP5T8D0R2PROD with PUBLAWS 135 STAT. 1544 PUBLIC LAW 117–81—DEC. 27, 2021 Sec. 332. Climate Resilience Infrastructure Initiative of the Department of Defense. Sec. 333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base. Sec. 334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense. Sec. 335. Assessment of climate risks to infrastructure of Department of Defense. Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam. Sec. 344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam. Sec. 345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances. Sec. 346. Review of agreements with non-Department entities with respect to pre- vention and mitigation of spills of aqueous film-forming foam. Sec. 347. Comptroller General study on Department of Defense procurement of cer- tain items containing certain PFAS substances. Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl sub- stances and polyfluoroalkyl substances. Sec. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations. Subtitle E—Logistics and Sustainment Sec. 351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand. Sec. 352. Global bulk fuel management and delivery. Sec. 353. Test and evaluation of potential biobased solution for corrosion control and mitigation. Sec. 354. Pilot program on digital optimization of organic industrial base mainte- nance and repair operations. Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Opti- mization Program of the Navy. Sec. 356. Report and certification requirements regarding sustainment costs for fighter aircraft programs. Sec. 357. Comptroller General annual reviews of F–35 sustainment efforts. Subtitle F—Reports Sec. 361. Inclusion of information regarding borrowed military manpower in readi- ness reports. Sec. 362. Annual report on material readiness of Navy ships. Sec. 363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons. Sec. 364. Strategy and annual report on critical language proficiency of special op- erations forces. Subtitle G—Other Matters Sec. 371. Military Aviation and Installation Assurance Clearinghouse matters. Sec. 372. Establishment of Joint Safety Council. Sec. 373. Improvements and clarifications related to military working dogs. Sec. 374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative. Sec. 375. Authority to maintain access to category 3 subterranean training facility. Sec. 376. Accident Investigation Review Board. Sec. 377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents. Sec. 378. Requirements relating to emissions control tactics, techniques, and proce- dures. Sec. 379. Management of fatigue among crew of naval surface ships and related im- provements. Sec. 380. Authority for activities to improve next generation radar systems capa- bilities. Sec. 381. Pilot program on military working dog and explosives detection canine health and excellence. Sec. 382. Department of Defense response to military lazing incidents. VerDate Sep 11 2014 06:05 Jan 31, 2022 Jkt 029139 PO 00081 Frm 00004 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL081.117 PUBL081 dkrause on LAP5T8D0R2PROD with PUBLAWS 135 STAT. 1545 PUBLIC LAW 117–81—DEC. 27, 2021 TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Sec. 403. Additional authority to vary Space Force end strength. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active du [Text truncated for display. Full text available on Congress.gov.]