Public Law 117-81 passed December 27, 2021
National Defense Authorization Act for Fiscal Year 2022
Army Programs
Authority for Multiyear Procurement, the Secretary of the Army may enter into one or more multiyear contracts for the procurement of AH-64E Apache helicopters. Condition for Out-Year Contract Payments, a contract entered shall provide any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to availability of appropriations for that purpose for such later fiscal year.
Authority for Multiyear Procurement, the Secretary of the Army may enter into one or more multiyear contracts for the procurement of UH-60M and HH-60M Black Hawk helicopters. Condition for Out-Year Contract Payments, a contract entered shall provide any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to availability of appropriations for that purpose for such later fiscal year.
The Secretary of the Army, acting though the Assistant Secretary of the Army for Acquisition, Logistics, and Technology shall continue to carry out the Solider Enhancement Program of the National Defense Authorization Act for Fiscal Year 1990 and 1991 (PL 101-189).
The Secretary of the Army will designate the Assistant Secretary of the Army for Acquisition, Logistics, and Technology as the official in the Department of the Army with principal responsibility management of the Soldier Enhancement Program.
Duties of the Solider Enhancement Program
Identification, research, development, test and evaluation of commercially available off the shelf items and software applications to accelerate the efforts of the Army to integrate, modernize, and enhance weapons and equipment for the use by Army soldiers, including-
lighter, more lethal weapons
support equipment, including lighter, more comfortable load-bearing equipment, field gear, combat clothing, survivability items, communications equipment, navigational aids, night vision devices, tactical power, sensors and lasers.
Of the funds authorized to be appropriated for the Army for procurement for the Integrated Visual Augmentation System, NOT more than 75% may be obligated or expended until the date on which the Secretary of the Army submits to the congressional defense committee the report required.
The report required
The Secretary of the Army shall submit to the congressional defense committee a report on the Integrated Visual Augmentation System of the Army. Elements of the report include-
A certificate from the Secretary of the Army that the Integrated Visual Augmentation System is reliable to meet operational needs for mean time between failure to support mission profiles.
A certificate from the Secretary of the Army that the tactical network is reliable to support the operational employment of the System, including the ability to integrate into command networks.
A certificate from the Secretary of the Army that the duration of the battery power is reliable enough for planned missions.
A plan to ensure battery management.
A plan to enable the System to display position location and identification information for adjacent units, non-System-equipped platforms, and soldiers.
A plan, including critical milestones, to achieve certified three-dimensional geospatial data within the System for dynamic and precision targeting.
A basis-of-issue plan based on lessons from the developmental and operational testing of the System.
A plan for iterative improvements to sensors, software, and form factor throughout production and procurement of the System.
Any other matters the Secretary considered relevant.
The Secretary of the Army can select a date no later than 60 days after the date on which initial operational testing of the Integrated Visual Augmentation System of the Army has been completed.
No later than 60 days after the date after the Secretary of the Army submits the report, the Director of Operational Test and Evaluation will submit to the congressional defense committee as assessment of the validity, reliability, and objectivity of the report.
The Secretary of the Army shall develop and implement a competitive procurement strategy to identify, test, qualify, and procure components and accessories for the next generation squad weapon of the Army, including magazines, that are capable of improving the performance of such weapon with emphasis on-
commercially available off the shelf items
nondevelopmental items and';
components and accessories previously developed by the Army that may be used for such weapon.
Upon receipt of the report, the Secretary of the Army shall initiate a market survey to identify components and accessories for the weapon that meet the criteria described above.
the competitive acquisition strategy, including timelines for the fielding components and accessories for such weapons that
are commercially available off the shelf items or nondevelopmental items
are capable of improving the performance of such weapon
an assessment of the average rounds between stoppage and average rounds between failure of commercially available off the shelf weapons and those weapons currently in the field.
an explanation of whether any items identified in the market survey demonstrates the ability to increase the average rounds between stoppage and failure.
a plan to increase the average rounds between stoppage and failure.
Navy Programs
The Secretary of the Navy shall ensure that an advanced degaussing system is incorporated into any Arleigh Burke class destroyer procured in fiscal year 2025 or any year pursuant to a covered contract. “Covered contract” means, any annual or multiyear contact for the procurement of an Arleigh Burke class destroyer that is entered by the Secretary of the Navy on or after the enactment of this Act.
No later than March 1, 2022, the Secretary of the Navy will submit a report on the potential benefits of a multiyear contact for the fiscal year 2023-2027 for the procurement of Flight III Arleigh Burke class destroyers in the quantities specified (10, 12, 15, other).
The report required shall include preliminary findings such as-
The use of a contract described could result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts.
The minimum need for the destroyers to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, total quantities.
A reasonable expectation that thought the contemplated contract period that the Secretary of Defense will request funding that is required to avoid contract cancellation.
A stable design for the destroyers and that the technical risks associated with such property is not excessive.
Estimates of both cost of the contact and anticipated cost avoidance through the multiyear contract are realistic.
A contract will promote the national security of the United States.
A decision NOT to use a contract will affect the industrial base and if so, the nature of such effects.
No later than April 1, 2022, the Secretary of the Navy shall submit a 15 year acquisition, modernization, and sustainment plan for the carrier air wings of the Navy. The plan will include-
An assessment of whether and to what extent the capabilities, capacity, and composition of the carrier air wings in existence meet the requirements of the National Defense Strategy.
A plan to address any known shortfalls including aerial refueling aircraft capacity and strike-fighter combat radius.
An operational risk assessment and risk mitigation plan regarding the 9 carrier air wings that support combatants commander steady-state peacetime and potential major contingency requirements.
An explanation of when the Secretary of the Navy will field a minimum of 10 carrier air wings in accordance with United States Code.
An identification and explanation of the role of autonomous and remotely-piloted aircraft, including the MQ-25 aircraft, and other potential capabilities and platforms planned in future carrier air wings.
Detailed deck and hanger space plan that supports realistic peacetime steady state or contingency surge level fixed wing aircraft and rotorcraft preparation activities, flight operations, and onboard unit level maintenance, repair, and sustainment activities for future carrier air wings.
A modernization plan to maximize operational use of platforms in existence particularly the EA-18G and E-2D aircraft by leveraging available technologies such as Next Generation Jammer.
An identification of the logistics supply chain support and moderinzation plan required as it relates to implementing the organic C-130 and C-40 logistics tethering strategy.
Detailed explanation for the Secretary of the Navy’s decision to modify carrier air wings to one squadron of 14 F-35C aircraft instead of two squadrons of 10 F-35C aircraft.
No later than 120 days after the enactment of this Act, the Secretary of the Navy shall submit a report on the material readiness of the Virginia class submarines. The report will include-
An assessment of the number of components and parts that have required replacement before the end of their estimated useful like or scheduled replacement timeline, including efforts to increase the reliability of “life of ship” components.
An assessment of part and material shortages have impacted deployment and maintenance availability schedules, including an estimate of the number of active cannibalizations or other actions take to mitigate those impacts.
Identification of the planned lead time to obtain key material for Virginia class submarines from shipbuilders and vendors.
Identification of the actual lead time to obtain material from shipbuilders and vendors.
Identification of the cost increases of key components and parts for new construction and maintenance.
An assessment of potential courses of action to improve the material readiness of the Virginia class submarines, including efforts to align new construction shipyards with maintenance shipyards ad Naval sea Systems Command to increase predictability of materials and purchasing power.
Recommendations may have for legislative changes, authorities, realignments and administrative actions including reforms of the Federal Acquisition Regulation to improve the material readiness of the Virginia class submarines.
Other elements the Secretary considered appropriate.
Airforce Programs
Reports on Retirement of Air Force Fighter Aircraft of the National Defense Authorization Act for Fiscal Year 2018 (PL 115-91) amended-
“Report on retirement of aircraft, beginning with fiscal year 2023, for any fiscal year in which the Secretary of the Air Force expects the total aircraft inventory of fighter aircraft of the Air Force or the total primary mission aircraft inventory of fighter aircraft of the Air Force to decrease below the levels specified,.., the Secretary of the Air Force shall submit a report with the following;
A detailed rationale for the retirement of existing fighter aircraft and a detailed operational analysis of the portfolio of capabilities of the Air Force that demonstrates performance of the designated mission at an equal or greater level of effectiveness as the retiring aircraft.
An assessment of the implications for the Air Force, the Air National Guard, and Air Force Reserve of the force mix ratio of fighter aircraft and how existing aircraft inventory levels and unit personnel levels for the active and reserve components are proposed to change during the fiscal year in which fighter aircraft will be retired.
Detailed assessment of the current operational risk and the operational risk that will be incurred
The requirements of the National Defense Strategy and combatant commanders and operational plans for major contingency operations and steady state or rotational operations.
Other matters that the Secretary considers appropriate.
Each report required shall be included in the materials submitted in support of the budget of the President,…, for the fiscal year in which applicable decrease in fighter aircraft inventory levels are expected.
During the covered period, the Secretary of the Air Force may NOT-
Modify the designed operational capability statement for any B-1 bomber aircraft squadron,…, in a manner that would reduce the capabilities of such a squadron below the levels specified in such statement as in effect on such date; or reduce, below the levels in effect the number of personnel assigned to units responsible for the operational and maintenance of B-1 aircraft is such reduction would affect the ability of such units to meet the capability described. The prohibition shall NOT apply to an individual unit for which the Secretary of the Air Force has commenced the process of replacing B-1 bomber aircraft with B-21 bomber aircraft.
The National Defense Authorization Act for Fiscal Year 2017 (PL 14-328),…, NONE of the funds authorized for the Air Force may be obligated to retire, prepare to retire, or place in storage or on backup status any A-10 aircraft. EXCEPT-
To an individual A-10 aircraft that the Secretary of the Air Force determines, on a case by case basis, to be no longer mission capable because of a Class A mishap. If the Secretary determines that an aircraft is no longer mission capable, a certification that the status of the aircraft is due to a Class A mishap and not from lack of maintenance or repairs or there reasons.
Limitations of the funds authorized or otherwise made available for the research and development, design, procurement, or advancement of materials for the B-52 Commercial Engine Replacement Program, NOT more than 75% may be obligated or expended until the Secretary of Defense submits the report for the most recently concluded fiscal quarter for the B-52 Commercial Engine Replacement Program.
The Secretary of Defense shall deem the Baseline Estimate for the B-52 Commercial Engine Replacement Program for fiscal year 2020 as the original Baseline Estimate of the Program.
The Secretary, with respect to the B-52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 2020 as the original Baseline Estimate. The Secretary shall NOT carry out subparagraph (B) or (C) of section 2433a(c)(1).
In carrying out the review required, the Secretary shall NOT enter into a transaction, exercise an option under such a transaction, or extend such a transaction with respect to the B-52 Commercial Engine Replacement Program EXCEPT to the extent determined necessary by the milestone decision authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources.
Limitation of funds,…, for the Office of the Secretary of the Air Force for travel expenses, NOT more than 35% may be obligated or expended until-
The Vice Chairman of the Joint Chief of Staff submits a report outlining the requirements for the bridge tanker aircraft (KC-Y), and the Secretary of the Air Force submits to the congressional defense committee a report detailing the acquisition strategy for the bridge tanker aircraft; a certification identifying the amount of funds required and a plan for the development of the advanced aerial refueling tanker aircraft (KC-Z).
Repeal of minimum inventory requirements for KC-10A aircraft of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (PL 116-283), subsection (d) to read as follows-
The requirement in subsection (b) shall NOT apply to aircraft otherwise required to be maintained…if the Secretary of the Air Force at any time of the enactment of this Act and ending October 1, 2023, determines on a case by case basis that an aircraft is no longer mission capable due to a mishap, other damage to uneconomical to repair; or certifies in writing to the congressional defense committee no later than 30 days before that date of divestment of such aircraft, that the Air Force can meet combatant command tanker aircraft requirements by leveraging Air National Guard and Air Force Reserve capacity with increased Military Personnel Appropriation (MPA) Man-day Tours to the reserve forces.
The Secretary of the Air Force may NOT retire more than 18 KC-135 aircraft during the period beginning on the date of the enactment of this Act and ending on October 1, 2023. Limitations shall Not apply to individual KC-135 aircraft that the Secretary of the Air Force that are no longer mission capable because of mishaps, other damage or uneconomical to repair.
Prohibition on reduction of KC-135 aircraft in PMAI of the reserve components- NONE of the funds may be obligated or expended to reduce the number of KC-135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force.
Minimum inventory requirement- the Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of NOT less than 279.
Exception- the Secretary of the Air Force may reduce the number of tactical airlift aircraft,…,if the aircraft is damaged.
Report relating to reduction of total number of tactical airlift aircraft- No later than 180 day after the enactment of this Act, the Secretary of the Air Force will present a report to the congressional defense committee plans of the Air Force to reduce the total number of tacitcal airlift aircraft in the inventory of the Air Force.
Elements within in report shall include-
justification for the reduction
explanation of whether and to what extent domestic operations was considered as part of the justification
analysis of the role of domestic operations during concurrent contingency operations
analysis of the C-130 aircraft force structures recommended to support wartime mobility requirements as set in
the mobility capability and requirements study of the National Defense Authorization Act for fiscal year 2018 (PL 115-91)
the mobility capability and requirements study under the National Defense Authorization Act for fiscal year 2020 (PL 116-92)
justification for any increased risk that may result from accepting a C-130 aircraft force smaller than the force recommended by such studies
explanation of whether and to what extent Governors of States that may be affected by the planned reduction where consulted as part of the decision making process.
This report will be unclassified and may include annex.
Defense wide, Joint, and Multiservice Matters
Implementation of affordability, operational, and sustainment cost constraints for the F-35 aircraft program.
Beginning October 1, 2028 the total number of F-35A aircraft may not exceed 1763 or the number obtained by multiplying 1763 by the cost-per-tail factor and rounds the product to the nearest whole number.
The Cost Per Tail factor is equal to-
the affordability cost target for F-35A aircraft of the Air Force