DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS …

1 (1) EXPLANATORY STATEMENT FOR THE DEPARTMENT OF DEFENSE APPROPRIATIONS BILL, 2022 DIVISION A DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2022 BACKGROUND PURPOSE OF THEBILL This bill makes APPROPRIATIONS for the military functions of the Department of DEFENSE for the period October 1, 2021, through September 30, 2022. Functional areas include the pay, allowances, and support of military personnel, operation and maintenance of the forces, procurement of equipment and systems, and research, development, test and evaluation. APPROPRIATIONS for foreign mili-tary assistance, military construction, family housing, nuclear weapons programs, and civil DEFENSE are provided in other bills.

2 HEARINGS The APPROPRIATIONS Subcommittee on DEFENSE began hearings on April 13, 2021 and concluded them on June 24, 2021, after nine separate sessions. The subcommittee heard testimony from rep-resentatives of the Department of DEFENSE and the Intelligence Community. SUMMARY OF THEBILL The Committee recommendation of $725,820,000,000 includes funding to develop, maintain, and equip the military forces of the United States and for other purposes, including $514,000,000 in mandatory spending. This recommendation allocates all resources within the base budget, hereby eliminating the overseas contin-gency operation APPROPRIATIONS for fiscal year 2022.

3 Additionally, the Congress appropriated $3,095,000,000 in emergency appropria-tions in Public Law 117 43 for disaster relief and costs associated with Afghanistan humanitarian operations. The fiscal year 2022 budget request for activities funded in the Department of DEFENSE APPROPRIATIONS bill totals $706,461,170,000 in new budget authority, including $514,000,000 in mandatory spending. In fiscal year 2021, the Congress appropriated $696,475,500,000 for activities funded in this bill. This amount included $627,311,500,000 in base APPROPRIATIONS and $68,650,000,000 in overseas contingency operations APPROPRIATIONS provided in Public Law 116 260.

4 Additionally, the Congress appropriated $1,020,900,000 in emergency APPROPRIATIONS for fiscal year 2021 in Public Law 117 31. 2 The Committee recommendation in this bill is $29,344,500,000 above the amount provided in fiscal year 2021, excluding all emer-gency funding, and $19,358,830,000 above the amount requested for fiscal year 2022. COMMITTEE RECOMMENDATIONS The following table displays the recommendations for each title: [In thousands of dollars] account Fiscal year 2021 enacted Fiscal year 2022 estimate Committee Recommenda-tion Title I Military Personnel ..157,807,905 167,285,095 166,738,382 Title II Operation and Maintenance.

5 192,213,468 253,623,852 257,821,863 Title III Procurement ..136,532,968 132,546,005 141,510,173 Title IV Research, Development, Test and Evaluation ..107,135,164 111,964,188 116,152,543 Title V Revolving and Management Funds ..1,473,910 1,902,000 2,027,000 Title VI Other Department of DEFENSE Programs ..36,024,275 37,947,030 38,678,351 Title VII Related Agencies ..1,147,719 1,148,000 1,124,370 Title VIII General Provisions .. 4,554,909 ..1,722,318 Title IX Overseas Contingency Operations ..68,650,000 ..Emergency Security Supplemental APPROPRIATIONS Act, 2021 (Public Law 117 33) ..1,020,900 ..Disaster Relief Supplemental APPROPRIATIONS Act, 2022 (Emergency) (Public Law 117 43).

6 895,000 Afghanistan Supplemental APPROPRIATIONS Act, 2022 (Emergency) (Public Law 117 43) ..2,200,000 Net grand total ..697,451,400 706,416,170 728,870,000 Total mandatory and discretionary (incl. scorekeeping adjustments) 697,496,400 706,461,170 728,915,000 The Committee has displayed recommended adjustments in ta-bles presented under each appropriation account . These adjustments reflect the following Committee actions: elimi-nation of funds requested for programs which are lower priority, duplicative, or not supported by firm requirements in out-year de-velopment or procurement APPROPRIATIONS ; deletion of excess funds based on program delays or slow execution; addition of funds to re-flect congressional priorities and to rectify shortfalls in the budget estimate; and implementation of recommendations in the National DEFENSE Authorization Act for Fiscal Year 2022 as reported by the Senate Armed Services Committee.

7 CLASSIFIED PROGRAM ADJUSTMENTS The Committee recommends adjustments to certain classified programs, as explained in the classified annex to the Committee s explanatory statement. DEFINITION OFPROGRAM, PROJECT ANDACTIVITY The terms program, project, and activity for APPROPRIATIONS con-tained in this act shall be defined as the most specific level of budget items identified in the Department of DEFENSE Appropria-tions Act, 2022, the related classified annexes and Committee ex-planatory statement, and P 1 and R 1 budget justification docu-ments as subsequently modified by congressional action. The following exception to the above definition shall apply: the military personnel and the operation and maintenance accounts, 3 for which the term program, project, and activity is defined as the APPROPRIATIONS accounts contained in the Department of DEFENSE APPROPRIATIONS Act.

8 At the time the President submits the budget request for fiscal year 2023, the Secretary of DEFENSE is directed to transmit to the congressional DEFENSE committees budget justification documents to be known as the M 1 and O 1 which shall identify, at the budget activity, activity group, and sub-activity group level, the amounts requested by the President to be appropriated to the De-partment of DEFENSE for military personnel and operation and maintenance in any budget request, or amended budget request, for fiscal year 2023. REPROGRAMMINGGUIDANCE The Secretary of DEFENSE is directed to continue to follow the re-programming guidance for acquisition accounts as specified in the report accompanying the House version of the Department of De-fense APPROPRIATIONS bill for fiscal year 2008 (House report 110 279).

9 The dollar threshold for reprogramming funds shall be $10,000,000 for military personnel; operation and maintenance; procurement; and research, development, test and evaluation. Also, the Under Secretary of DEFENSE (Comptroller) is directed to continue to provide the congressional DEFENSE committees annual DD Form 1416 reports for titles I and II and quarterly, spread-sheet-based DD Form 1416 reports for service and DEFENSE -wide ac-counts in titles III and IV of this act. Reports for titles III and IV shall comply with guidance specified in the explanatory statement accompanying the Department of DEFENSE APPROPRIATIONS Act for Fiscal Year 2006.

10 The Department shall continue to follow the limi-tation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or re-search, development, test and evaluation line, whichever is less. These thresholds are cumulative from the base for reprogramming value as modified by any adjustments. Therefore, if the combined value of transfers into or out of a military personnel (M 1), an op-eration and maintenance (O 1), a procurement (P 1), or a research, development, test and evaluation (R 1) line exceeds the identified threshold, the Secretary of DEFENSE must submit a prior approval reprogramming to the congressional DEFENSE committees.