National Defense Authorization Act for Fiscal Year 2022
Dec 27, 2021
Statute: 135 Stat. 1541
Became law: Dec 27, 2021
Dec 27, 2021
Statute: 135 Stat. 1541
Became law: Dec 27, 2021
Full breakdown available
This pages provides a high-level overview of this law. For full list of provisions, line-item appropriations, and specific funding allocations, please view our detailed breakdown.
Summary
Sets the budget and policies for the U.S. military, including funding for weapons, pay for troops, and national security programs for the 2022 fiscal year.
What problem does this solve?
The U.S. military needs annual approval from Congress to fund its operations, pay its members, and buy new equipment. This law provides the necessary funding and legal authority for the Department of Defense for the 2022 fiscal year.
What does this law do?
Reforms the military justice system for serious crimes
Creates an independent 'Special Trial Counsel' to decide whether to prosecute serious offenses like murder, sexual assault, and kidnapping, removing this power from military commanders.
Establishes sexual harassment as a specific crime
Makes sexual harassment a standalone offense under the Uniform Code of Military Justice, with specific elements defining the crime.
Limits discharge characterization for COVID-19 vaccine refusal
Requires that any service member discharged solely for refusing the COVID-19 vaccine must receive either an honorable discharge or a general discharge under honorable conditions.
Creates a new allowance for low-income military families
Establishes a 'Basic Needs Allowance' to provide extra monthly pay to service members whose household income is at or below 130% of the federal poverty line, helping to address food insecurity.
Establishes an office to study unidentified aerial phenomena (UAPs)
Creates an office and organizational structure to address and analyze unidentified aerial phenomena, also known as UFOs.
Creates bereavement leave for service members
Allows service members to take up to two weeks of leave after the death of a spouse or child. This leave will not be charged against their regular leave balance if they have less than 30 days accrued.
Prohibits buying goods made with forced labor from Xinjiang, China
Bans the Department of Defense from using funds to buy any products made wholly or in part with forced labor from the Xinjiang Uyghur Autonomous Region in China.
Establishes the Afghanistan War Commission
Creates an independent commission to conduct a comprehensive review of the 20-year war in Afghanistan, examining military operations, diplomatic efforts, and intelligence activities.
Temporarily stops the burning of toxic PFAS chemicals
Places a temporary ban on the Department of Defense burning 'forever chemicals' like PFAS and firefighting foam until the EPA provides final guidance on how to destroy them safely.
Funds security assistance for Ukraine
Extends and authorizes $300 million for the Ukraine Security Assistance Initiative to provide support and assistance to the security forces of Ukraine.
Expands parental leave for military members
Provides up to 12 weeks of total parental leave for service members after a birth, adoption, or long-term foster care placement.
Who does this affect?
- U.S. Armed Forces members
- Military families
- Department of Defense civilian employees and contractors
What is the real world impact?
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Provides annual funding for national defense
Fulfills Congress's constitutional duty to fund and oversee the military. This yearly act is the primary way the Department of Defense receives its budget and legal authority to operate, ensuring the nation's defense capabilities are maintained.
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Modernizes the military justice system
Reforms how the military handles serious crimes by creating an independent prosecutor role. This change aims to address concerns about fairness and impartiality in military justice, particularly for cases of sexual assault.
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Addresses strategic competition with other nations
Includes numerous provisions aimed at countering the influence of countries like China and Russia. It funds initiatives in the Pacific, supports Ukraine, and restricts certain purchases from these nations to strengthen U.S. national security.
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Serves as a vehicle for broad policy changes
Acts as a large, "must-pass" bill that includes policies beyond just the military. Members of Congress often add unrelated provisions, knowing the bill is essential for government function and is very likely to become law.
When does this start?
This law authorizes the budget for Fiscal Year 2022, and most of its policies became effective on December 27, 2021, though several key provisions have different start dates.
Military justice reforms take effect
Major changes to the military justice system, including the creation of the Special Trial Counsel, will be implemented by December 27, 2023.
Basic needs allowance for military families begins
The new allowance to help low-income military families with basic needs will become payable to eligible members starting on December 27, 2022.
Bereavement leave for service members begins
The new policy allowing service members to take leave for the death of a spouse or child will take effect around June 25, 2022 (180 days after enactment).
Expanded parental leave becomes available
The provision allowing up to 12 weeks of parental leave for service members after a birth, adoption, or foster placement will take effect on December 27, 2022.
Ban on burning PFAS chemicals begins
The Department of Defense must stop burning toxic PFAS materials no later than April 26, 2022 (120 days after enactment), until the EPA issues final rules.
Transfer of F-35 program responsibilities
Sustainment functions for the F-35 program must be transferred from the Joint Program Office to the Air Force and Navy by October 1, 2027, with acquisition functions transferring by October 1, 2029.