II
113th CONGRESS
2d Session
S. 2289
IN THE SENATE OF THE UNITED STATES
May 5, 2014
Mr. Levin (for himself and Mr. Inhofe) (by request) introduced the following bill; which was read twice and referred to the Committee on Armed Services
A BILL
To authorize appropriations for fiscal year 2015 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Short title
This Act may be cited as the National Defense Authorization Act for Fiscal Year 2015
.
Organization of act into divisions; table of contents
Divisions
This Act is organized into two divisions as follows:
Division a
Department of Defense Authorizations.
Division b
Military Construction Authorizations.
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.
DIVISION A—Department of Defense Authorizations
TITLE I—Procurement
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Joint Improvised Explosive Device Defeat Fund.
Sec. 106. Defense production act purchases.
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. Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) Defense Education program.
Sec. 212. Modification to the requirement for contractor cost-sharing in the pilot program to include technology protection features during research and development of certain defense systems.
TITLE III—Operation and maintenance
Subtitle A—Authorization of appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B—Program Matters
Sec. 311. Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities.
Sec. 312. Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors.
Sec. 313. Repeal of annual report on Department of Defense operation and financial support for military museums.
Sec. 314. Memorial to the victims of the shooting attack at the Washington Navy Yard.
Sec. 315. Southern Sea Otter Military Readiness Areas.
Sec. 316. Environmental restoration at former Naval Air Station, Chincoteague, Virginia.
TITLE IV—Military personnel authorizations
Subtitle A—Active forces
Sec. 401. End strengths for active forces.
Subtitle B—Reserve forces
Sec. 411. End strengths for selected reserve.
Sec. 412. End strengths for reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2015 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.
Sec. 416. Management of military technicians.
Subtitle C—Authorization of appropriations
Sec. 421. Military personnel.
TITLE V—Military personnel policy
Subtitle A—Officer personnel policy generally
Sec. 501. Repeal of requirement for submission to Congress of annual reports on joint officer management and promotion policy objectives for joint officers.
Sec. 502. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties.
Sec. 503. Authority for three-month deferral of retirement for officers selected for selective early retirement.
Subtitle B—Reserve Component Management
Sec. 511. Reconciliation of contradictory provisions relating to citizenship qualifications for enlistment in the reserve components of the armed forces.
Sec. 512. Repeal of requirement for membership in specific unit of the selected reserve as a condition of employment as a military technician (dual status).
Sec. 513. Retention on the reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees.
Subtitle C—Member education and training
Sec. 521. Inter-European Air Forces Academy.
Sec. 522. Authority for Joint Special Operations University to award degrees.
Sec. 523. Duration of foreign and cultural exchange activities at military service academies.
Sec. 524. Enhancement of authority to accept support for Air Force Academy athletic programs.
Subtitle D—Defense dependents’ education and military family readiness matters
Sec. 531. Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse.
Sec. 532. Authority to employ non-United States citizens as teachers in Department of Defense Overseas Dependents’ School System.
Sec. 533. Expansion of the function of the advisory council on dependents’ education to include the domestic dependent elementary and secondary schools.
Subtitle E—Other matters
Sec. 541. Procedures for judicial review of military personnel decisions relating to correction of military records.
Sec. 542. Enhanced role for Department of Justice under Military Lending Act.
Sec. 543. Enforcement of rights under
chapter 43 of title 38, United States Code, with respect to a State or private employer.Sec. 544. Modification of criteria for eligibility for naturalization through service in the armed forces.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Fiscal year 2015 increase in military basic pay.
Sec. 602. Inclusion of Chief of the National Guard Bureau and senior enlisted advisor to the Chief of the National Guard Bureau among senior members of the armed forces for purposes of pay and allowances.
Sec. 603. Revision to method of computation of basic allowance for housing.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel.
Sec. 622. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services.
TITLE VII—HEALTHCARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Consolidated TRICARE health plan.
Sec. 702. Revisions to cost sharing requirements for TRICARE for life and the pharmacy benefits program.
Subtitle B—Health Care Administration
Sec. 711. Designation and responsibilities of Senior Medical Advisor for Armed Forces Retirement Home.
Sec. 712. Extension of authority for the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.
Sec. 713. Parity in provision of inpatient mental health services with other inpatient medical services.
TITLE VIII—Acquisition policy, acquisition management, and related matters
Subtitle A—Acquisition policy and management
Sec. 801. Three-year extension of authority for Joint Urgent Operational Needs Fund.
Sec. 802. Five-year extension of Defense Production Act of 1950.
Sec. 803. Program fraud civil remedies statute for the Department of Defense and the National Aeronautics and Space Administration.
Sec. 804. Permanent authority for use of simplified acquisition procedures for certain commercial items.
Subtitle B—Amendments to general contract authorities, procedures, and limitations
Sec. 811. Authority for Defense Contract Audit Agency to interview contractor employees in connection with examination of contractor records.
Sec. 812. Extension to United States transportation command of authorities relating to prohibition on contracting with the enemy.
Sec. 813. Recharacterization of changes to major automated information system programs.
Sec. 814. Extension of special emergency procurement authority.
Sec. 815. Extension of contract authority for advanced component development or prototype units.
Sec. 816. Exception to requirement to include cost or price to the Government as a factor in the evaluation of proposals for certain task or delivery order contracts.
Sec. 817. Authority for waiver of competitive prototyping requirement for major defense acquisition programs in case of programs with no risk reduction phase activities.
Sec. 818. Extension of authority for additional access to contractor and subcontractor records in a contingency operation.
Sec. 819. Modification of limitations on procurement of photovoltaic devices by the Department of Defense.
TITLE IX—Department of Defense organization and management
Sec. 901. Implementation of the December 2013 Secretary of Defense plan for reorganization of the Office of the Secretary of Defense and implementation of the elimination of Deputy Under Secretary of Defense positions.
Sec. 902. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities.
Sec. 903. Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad.
Sec. 904. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies.
Sec. 905. One-year extension of authorization for non-conventional assisted recovery capabilities.
Sec. 906. Authority for Secretary of Defense to engage in commercial activities as security for military operations abroad.
Sec. 907. Statutory streamlining to enable Defense Commissary Agency to become partially self-sustaining.
TITLE X—General provisions
Subtitle A—Financial matters
Sec. 1001. Authority for use of amounts recovered for damage to Government property.
Subtitle B—Counter-Drug activities
Sec. 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia.
Subtitle C—Naval vessels and shipyards
Sec. 1021. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning.
Sec. 1022. Ensuring operational readiness of littoral combat ships on extended deployments.
Sec. 1023. Authority for limited coastwise trade for certain vessels providing transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy.
Subtitle D—Sexual assault prevention and response related reforms
Sec. 1031. Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the defense incident-based reporting system.
Sec. 1032. Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings.
Subtitle E—Other matters
Sec. 1041. Technical and clerical amendments.
Sec. 1042. Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations.
Sec. 1043. Limited authority for United States to secure copyrights for certain scholarly works prepared by faculty of certain Department of Defense professional schools.
Sec. 1044. Revision to statute of limitations for aviation insurance claims.
Sec. 1045. Transfer of functions of the Veterans’ Advisory Board on Dose Reconstruction to the Secretaries of Veterans Affairs and Defense.
Sec. 1046. Authority to accept certain voluntary services.
Sec. 1047. Transfer of Administration of Ocean Research Advisory Panel From Department of the Navy to National Oceanic and Atmospheric Administration.
Sec. 1048. Repeal and modification of reporting requirements.
TITLE XI—Civilian personnel matters
Sec. 1101. Modifications to Biennial Strategic Workforce Plan relating to senior management, functional, and technical workforce of the Department of Defense.
Sec. 1102. Authority to provide additional compensation for defense clandestine service employees.
Sec. 1103. Pilot program for the temporary exchange of financial management personnel.
TITLE XII—Matters relating to foreign nations
Sec. 1201. Enhanced authority to acquire products and services produced in Djibouti in support of Department of Defense activities in United States Africa Command area of responsibility.
Sec. 1202. Permanent and global authority for use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability.
Sec. 1203. Revisions to Global Security Contingency Fund authority.
Sec. 1204. Increase in annual limitation on transfer of excess defense articles.
Sec. 1205. One-year extension of Afghan Special Immigrant Visa Program.
Sec. 1206. Enhanced authority for provision of support to foreign military liaison officers of foreign countries while assigned to the Department of Defense.
TITLE XIII—Other authorizations
Subtitle A—Military programs
Sec. 1301. Working Capital Funds.
Sec. 1302. Joint Urgent Operational Needs Fund.
Sec. 1303. Chemical Agents and Munitions Destruction, Defense.
Sec. 1304. Drug Interdiction and Counter-Drug Activities, Defense-Wide.
Sec. 1305. Defense Inspector General.
Sec. 1306. Defense Health Program.
Subtitle B—Other matters
Sec. 1311. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.
Sec. 1312. Authorization of appropriations for Armed Forces Retirement Home.
TITLE XIV—Uniformed and Overseas Citizens Absentee Voting Act amendments
Sec. 1401. Pre-election reporting requirements on availability and transmission of absentee ballots.
Sec. 1402. Transmission requirements; repeal of waiver provision.
Sec. 1403. Clarification of State responsibility, civil penalties, and private right of action.
Sec. 1404. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot.
Sec. 1405. Treatment of ballot requests.
Sec. 1406. Inclusion of Northern Mariana Islands in the definition of
Statefor purposes of the Uniformed and Overseas Citizens Absentee Voting Act.
Sec. 1407. Requirement for Presidential designee to revise the Federal post card application to allow voters to designate ballot requests.
Sec. 1408. Requirement of plurality vote for Virgin Islands and Guam Federal elections.
Sec. 1409. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the Federal Voting Assistance Program.
TITLE XV—Authorization of additional appropriations for overseas contingency operations
[RESERVED]
TITLE XVI—Consolidation and modernization of statutes relating to the Department of Defense Cooperative Threat Reduction Program
Sec. 1601. Short title; table of contents.
Subtitle A—Program authorities
Sec. 1611. Authority to carry out the Department of Defense Cooperative Threat Reduction Program.
Sec. 1612. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities.
Sec. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities.
Sec. 1614. Use of funds for other purposes or for increased amounts.
Sec. 1615. Use of contributions to the Department of Defense Cooperative Threat Reduction Program.
Subtitle B—Restrictions and limitations
Sec. 1621. Prohibition on use of funds for specified purposes.
Sec. 1622. Requirement for on-site managers.
Sec. 1623. Limitation on use of funds until certain permits obtained.
Subtitle C—Recurring certifications and reports
Sec. 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities.
Sec. 1632. Requirement to submit summary of amounts requested by project category.
Sec. 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program.
Sec. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program.
Subtitle D—Repeals and transition provision
Sec. 1641. Repeals.
Sec. 1642. Transition provision.
DIVISION B—Military construction authorizations
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.
TITLE XXI—Army military construction
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year 2004 project.
Sec. 2105. Modification of authority to carry out certain fiscal year 2013 projects.
Sec. 2106. Extension of authorizations of certain fiscal year 2011 project.
Sec. 2107. Extension of authorizations of certain fiscal year 2012 projects.
TITLE XXII—Navy military construction
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 2012 projects.
Sec. 2206. Modification of authority to carry out certain fiscal year 2014 project.
Sec. 2207. Extension of authorizations of certain fiscal year 2011 projects.
Sec. 2208. Extension of authorizations of certain fiscal year 2012 projects.
TITLE XXIII—Air Force military construction
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Authorization of appropriations, Air Force.
Sec. 2303. Modification of authority to carry out certain fiscal year 2008 project.
Sec. 2304. Extension of authorizations of certain fiscal year 2011 project.
Sec. 2305. Extension of authorizations of certain fiscal year 2012 project.
TITLE XXIV—Defense agencies military construction
Subtitle A—Defense agency authorizations
Sec. 2401. Authorized defense agencies construction and land acquisition projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authorizations of certain fiscal year 2011 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2012 projects.
Sec. 2406. Extension of authorizations of certain fiscal year 2012 projects.
Subtitle B—Chemical demilitarization authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year 2000 project.
TITLE XXV—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—Guard and reserve forces facilities
Subtitle A—Project authorizations and authorization of appropriations
Sec. 2601. Authorized Army National Guard construction and land acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B—Other matters
Sec. 2611. Modification and extension of authority to carry out certain fiscal year 2012 projects.
Sec. 2612. Modification of authority to carry out certain fiscal year 2013 project.
Sec. 2613. Extension of authorization of certain fiscal year 2011 project.
TITLE XXVII—Base realignment and closure activities
Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.
TITLE XXVIII—Military construction general provisions
Sec. 2801. Revisions to minor military construction authorities.
Sec. 2802. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities.
Sec. 2803. Change in authorities relating to scope of work variations for military construction projects.
Sec. 2804. Modification of Department of Defense authority to accept financial incentives, goods, or services under the authority of energy savings contracts and activities.
Sec. 2805. Clarification of authority to enter into energy saving performance contracts.
Sec. 2806. Production and use of natural gas at Fort Knox, Kentucky.
Sec. 2807. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions.
TITLE XXIX—Defense base closure and realignment
Sec. 2901. Short title and purpose.
Sec. 2902. The Commission.
Sec. 2903. Procedure for making recommendations for base closures and realignments.
Sec. 2904. Closure and realignment of military installations.
Sec. 2905. Implementation.
Sec. 2906. Department of Defense Base Closure Account 2014.
Sec. 2907. Reports.
Sec. 2908. Congressional consideration of commission report.
Sec. 2909. Restriction on other base closure authority.
Sec. 2910. Definitions.
Sec. 2911. Treatment as a base closure law for purposes of other provisions of law.
Sec. 2912. Conforming amendments.
Department of Defense Authorizations
Procurement
Army
Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Army as follows:
For aircraft, $5,102,685,000.
For missiles, $1,017,483,000.
For weapons and tracked combat vehicles, $1,471,438,000.
For ammunition, $1,031,477,000.
For other procurement, $4,893,634,000.
Navy and Marine Corps
Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Navy and Marine Corps as follows:
For aircraft, $13,074,317,000.
For weapons, including missiles and torpedoes, $3,217,945,000.
For shipbuilding and conversion, $14,400,625,000.
For other procurement, $5,975,828,000.
For procurement, Marine Corps, $983,352,000.
For ammunition procurement, Navy and Marine Corps, $771,945,000.
Air Force
Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Air Force as follows:
For aircraft, $11,542,571,000.
For ammunition, $677,400,000.
For missiles, $4,690,506,000.
For other procurement, $16,566,018,000.
Defense-wide activities
Funds are hereby authorized to be appropriated for fiscal year 2015 for Defense-wide procurement in the amount of $4,221,437,000.
Joint Improvised Explosive Device Defeat Fund
Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Improvised Explosive Device Defeat Fund in the amount of $115,058,000.
Defense production act purchases
Funds are hereby authorized to be appropriated for fiscal year 2015 for purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $21,638,000.
Research, development, test, and evaluation
Authorization of appropriations
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Department of Defense for research, development, test, and evaluation as follows:
For the Army, $6,593,898,000.
For the Navy, $16,266,335,000.
For the Air Force, $23,739,892,000.
For Defense-wide activities, $16,766,084,000.
For the Director of Operational Test and Evaluation, $167,738,000.
Program requirements, restrictions, and limitations
Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) Defense Education program
Subparagraph (B) of section 2192a(c)(1) of title 10, United States Code, is amended by striking in the Department of Defense
and all that follows through the period at the end and inserting
for the period of obligated service determined under paragraph (2)—
with the Department of Defense; or
with a public or private sector entity or organization outside the Department of Defense if the Secretary of Defense determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department of Defense.
.
Modification to the requirement for contractor cost-sharing in the pilot program to include technology protection features during research and development of certain defense systems
Section 243(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111–383; 10 U.S.C. 2358 note) is amended by striking at least one half of the cost of such activities
and inserting an appropriate share of the cost of such activities, as determined by the Secretary
.
Operation and maintenance
Authorization of appropriations
Operation and maintenance funding
Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the armed forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
For the Army, $33,240,148,000.
For the Navy, $39,316,857,000.
For the Marine Corps, $5,909,487,000.
For the Air Force, $35,331,193,000.
For Defense-wide activities, $31,198,232,000.
For the Army Reserve, $2,490,569,000.
For the Navy Reserve, $1,007,100,000.
For the Marine Corps Reserve, $268,582,000.
For the Air Force Reserve, $3,015,842,000.
For the Army National Guard, $6,030,773,000.
For the Air National Guard, $6,392,859,000.
For the United States Court of Appeals for the Armed Forces, $13,723,000.
For the Department of Defense Acquisition Workforce Development Fund, $212,875,000.
For Environmental Restoration, Army, $201,560,000.
For Environmental Restoration, Navy, $277,294,000.
For Environmental Restoration, Air Force, $408,716,000.
For Environmental Restoration, Defense-wide, $8,547,000.
For Environmental Restoration, Formerly Used Defense Sites, $208,353,000.
For Overseas Humanitarian, Disaster, and Civic Aid programs, $100,000,000.
For Cooperative Threat Reduction programs, $365,108,000.
For Overseas Contingency Operations Transfer Fund, $5,000,000.
For Support for International Sporting Competitions, Defense, $10,000,000.
Program Matters
Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities
Eligible categories of transportation
Subsection (a) of section 2642 of title 10, United States Code, is amended—
in the matter preceding paragraph (1), by striking The Secretary
and inserting Subject to subsection (b), the Secretary
;
in paragraph (3)—
by striking During the period beginning on October 28, 2009, and ending on October 28, 2019, for
and inserting For
;
by striking of Defense
the first place it appears and all that follows through military sales
and inserting of Defense
; and
by striking , but only if
and all that follows through commercial transportation industry
; and
by adding at the end the following new paragraphs:
For military transportation services provided in support of foreign military sales.
For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies).
For military transportation services provided to a Department of Defense contractor when transporting supplies that are for, or destined for, a Department of Defense entity.
.
Termination of authority for certain categories of transportation
Such section is further amended—
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following new subsection (b):
Termination of authority for certain categories of transportation
The provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military transportation services provided before October 1, 2019.
.
Clerical amendments
Section heading
The heading of such section is amended to read as follows:
Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate
.
Table of sections
The item relating to such section in the table of sections at the beginning of chapter 157 of such title is amended to read as follows:
2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate.
.
Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors
Repeal
Section 9513 of title 10, United States Code, is repealed.
Clerical amendment
The table of sections at the beginning of chapter 931 of such title is amended by striking the item relating to section 9513.
Repeal of annual report on Department of Defense operation and financial support for military museums
In general
Section 489 of title 10, United States Code, is repealed.
Clerical amendment
The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 489.
Memorial to the victims of the shooting attack at the Washington Navy Yard
Memorial authorized
The Secretary of the Navy may establish, maintain, and repair a memorial dedicated to the victims of the shooting attack at the Washington Navy Yard, Washington, DC, that occurred on September 16, 2013.
Location
The memorial shall become part of the Washington Navy Yard.
Additional funding
Establishment of account
An account shall be established on the books of the Treasury for the purpose of managing contributions received pursuant to paragraph (2).
Acceptance of contributions
The Secretary of the Navy may establish procedures under which the Secretary may solicit and accept monetary contributions or gifts of property for the purpose of the activities described in subsection (a) without regard to limitations contained in section 2601 of title 10, United States Code.
Deposit of contributions
The Secretary of the Navy shall deposit monetary contributions accepted under paragraph (2) in the account established under paragraph (1). The funds in the account established under paragraph (1) shall be available until expended without further appropriation, but only for the purposes described in subsection (a).
Southern Sea Otter Military Readiness Areas
Establishment of the southern sea otter military readiness areas
Chapter 631 of title 10, United States Code, is amended by adding at the end the following new section:
Establishment of the Southern Sea Otter Military Readiness Areas
Establishment
The Secretary of the Navy shall establish areas, to be known as Southern Sea Otter Military Readiness Areas
, for national defense purposes. Such areas shall include each of the following:
The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:
- N. Latitude/W. Longitude
- 33°27.8′/119°34.3′
- 33°20.5′/119°15.5′
- 33°13.5′/119°11.8′
- 33°06.5′/119°15.3′
- 33°02.8′/119°26.8′
- 33°08.8′/119°46.3′
- 33°17.2′/119°56.9′
- 33°30.9′/119°54.2′.
The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone.
Activities within the southern sea otter military readiness areas
Incidental takings under endangered species act of 1973
Sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
Incidental takings under marine mammal protection act of 1972
Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
Treatment as species proposed to be listed
For purposes of conducting a military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).
Removal
Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas be removed from the Areas.
Revision or termination of exceptions
The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that military activities occurring in the Southern Sea Otter Military Readiness Areas are impeding the southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels.
Monitoring
In general
The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the southern sea otter population and on the near-shore ecosystem. Monitoring and research parameters and methods shall be determined in consultation with the Service.
Reports
Not later than 24 months after the date of the enactment of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1).
Definitions
In this section:
Southern sea otter
The term southern sea otter
means any member of the subspecies Enhydra lutris nereis.
Take
The term take
—
when used in reference to activities subject to regulation by the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), shall have the meaning given such term in that Act; and
when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall have the meaning given such term in that Act.
Incidental taking
The term incidental taking
means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying
out of an otherwise lawful activity.
Military readiness activity
The term military readiness activity
has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (16 U.S.C. 703 note) and includes all training
and operations of the armed forces that relate to combat and the adequate
and realistic testing of military equipment, vehicles, weapons, and
sensors for proper operation and suitability for combat use.
Optimum sustainable population
The term optimum sustainable population
means, with respect to any population stock, the number of animals that will result in the maximum
productivity of the population or the species, keeping in mind the
carrying capacity of the habitat and the health of the ecosystem of which
they form a constituent element.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
7235. Establishment of the Southern Sea Otter Military Readiness Areas.
.
Conforming amendment
Section 1 of Public Law 99–625 (16 U.S.C. 1536 note) is repealed.
Environmental restoration at former Naval Air Station, Chincoteague, Virginia
Environmental restoration project
Notwithstanding the administrative jurisdiction of the Administrator of the National Aeronautics and Space Administration over the Wallops Flight Facility, Virginia, the Secretary of Defense may undertake an environmental restoration project in a manner consistent with chapter 160 of title 10, United States Code, at the property constituting that facility in order to provide necessary response actions for contamination from a release of a hazardous substance or a pollutant or contaminant that is solely attributable to the activities of the Department of Defense at the time the property was under the administrative jurisdiction of the Secretary of the Navy or used by the Navy pursuant to a permit or license issued by the National Aeronautics and Space Administration in the area formerly known as the Naval Air Station Chincoteague, Virginia. Any such project may be undertaken jointly or in conjunction with an environmental restoration project of the Administrator.
Interagency agreement
The Secretary and the Administrator may enter into an agreement or agreements to provide for the effective and efficient performance of environmental restoration projects for purposes of subsection (a). Notwithstanding section 2215 of title 10, United States Code, any such agreement may provide for environmental restoration projects conducted jointly or by one agency on behalf of the other or both agencies and for reimbursement of the agency conducting the project by the other agency for that portion of the project for which the reimbursing agency has authority to respond.
Source of Department of Defense funds
Pursuant to section 2703(c) of title 10, United States Code, the Secretary may use funds available in the Environmental Restoration, Formerly Used Defense Sites, account of the Department of Defense for environmental restoration projects conducted for or by the Secretary under subsection (a) and for reimbursable agreements entered into under subsection (b).
Military personnel authorizations
Active forces
End strengths for active forces
The armed forces are authorized strengths for active duty personnel as of September 30, 2015, as follows:
The Army, 490,000.
The Navy, 323,600.
The Marine Corps, 184,100.
The Air Force, 310,900.
Reserve forces
End strengths for selected reserve
In general
The armed forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2015, as follows:
The Army National Guard of the United States, 350,200.
The Army Reserve, 202,000.
The Navy Reserve, 57,300.
The Marine Corps Reserve, 39,200.
The Air National Guard of the United States, 105,000.
The Air Force Reserve, 67,100.
The Coast Guard Reserve, 7,000.
End strength reductions
The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
End strength increases
Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
End strengths for reserves on active duty in support of the reserves
Within the end strengths prescribed in section 411(a), the reserve components of the armed forces are authorized, as of September 30, 2015, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
The Army National Guard of the United States, 31,385.
The Army Reserve, 16,261.
The Navy Reserve, 9,973.
The Marine Corps Reserve, 2,261.
The Air National Guard of the United States, 14,704.
The Air Force Reserve, 2,830.
End strengths for military technicians (dual status)
The minimum number of military technicians (dual status) as of the last day of fiscal year 2015 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
For the Army National Guard of the United States, 27,210.
For the Army Reserve, 7,895.
For the Air National Guard of the United States, 21,792.
For the Air Force Reserve, 9,789.
Fiscal year 2015 limitation on number of non-dual status technicians
Limitations
National guard
Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2015, may not exceed the following:
For the Army National Guard of the United States, 1,600.
For the Air National Guard of the United States, 350.
Army reserve
The number of non-dual status technicians employed by the Army Reserve as of September 30, 2015, may not exceed the number in effect for the Army Reserve under section 10217(c)(1) of title 10, United States Code.
Air force reserve
The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2015, may not exceed 90.
Non-Dual status technicians defined
In this section, the term non-dual status technician
has the meaning given that term in section 10217(a) of title 10, United States Code.
Maximum number of reserve personnel authorized to be on active duty for operational support
During fiscal year 2015, the maximum number of members of the reserve components of the armed forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
The Army National Guard of the United States, 17,000.
The Army Reserve, 13,000.
The Navy Reserve, 6,200.
The Marine Corps Reserve, 3,000.
The Air National Guard of the United States, 16,000.
The Air Force Reserve, 14,000.
Management of military technicians
Designation of non-Dual status technician positions
Subsection (a) of section 10217 of title 10, United States Code, is amended—
in paragraph (1), by striking a technician
and inserting an employee of the Department of Defense
;
by striking or
at the end of paragraph (2);
by striking the period at the end of paragraph (3) and inserting ; or
; and
by adding at the end the following new paragraph:
is serving in the Army Reserve in a position designated by the Secretary of the Army to be filled by a non-dual status technician.
.
Revised limitation on number of army reserve technicians
Subsection (c)(1) of such section is amended—
by inserting (A)
after (1)
;
by designating the second sentence as subparagraph (C);
by inserting after subparagraph (A), as designated by paragraph (1), the following new subparagraph:
The total number of non-dual status technicians employed by the Army Reserve may not exceed 60 percent of the total number of military technicians employed by the Army Reserve.
; and
in subparagraph (C), as designated by paragraph (2), by striking the preceding sentence
and inserting subparagraph (A) or subparagraph (B), as the case may be
.
Loss of status as a military technician (Dual Status)
Section 10218(a)(3) of such title is amended—
in subparagraph (A)(ii)—
by inserting military
after not a
; and
by inserting (dual status)
after technician
; and
in subparagraph (B), by inserting in a position designated for military technician (dual status)
after non-dual status technician
.
Authorization of appropriations
Military personnel
Authorization of appropriations
There is hereby authorized to be appropriated for military personnel for fiscal year 2015 a total of $128,957,593,000.
Construction of authorization
The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2015.
Military personnel policy
Officer personnel policy generally
Repeal of requirement for submission to Congress of annual reports on joint officer management and promotion policy objectives for joint officers
Repeal of annual reports
Joint officer management
Section 667 of title 10, United States Code, is repealed.
Promotion policy objectives for joint officers
Section 662 of such title is amended—
by striking (a) Qualifications.—
; and
by striking subsection (b).
Clerical amendment
The table of sections at the beginning of chapter 38 of such title is amended by striking the item relating to section 667.
Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties
Section 581(d) of title 10, United States Code, is amended—
by redesignating paragraph (2) as paragraph (3);
by designating the second sentence of paragraph (1) as paragraph (2); and
in paragraph (2), as so designated—
by striking the list shall include each
and inserting
the list shall include—
the name of each
;
by striking the period at the end and inserting ; or
; and
by adding at the end the following new subparagraph:
with respect to a group of warrant officers designated under subparagraph (A) who are in a particular grade and competitive category, only those warrant officers in that grade and competitive category who are also in a particular year group or specialty, or any combination thereof determined by the Secretary.
.
Authority for three-month deferral of retirement for officers selected for selective early retirement
Warrant officers
Section 581(e) of title 10, United States Code, is amended—
by striking 90 days
and inserting three months
; and
by inserting after the first sentence the following new sentence: An officer recommended for early retirement under this section, if approved for deferral, shall be
retired on the date requested by the officer, and approved by the
Secretary concerned, which date shall be not later than the first day of
the tenth calendar month beginning after the month in which the Secretary
concerned approves the report of the board which recommended the officer
for early retirement.
.
Officers on the active-Duty list
Section 638(b) of such title is amended—
in paragraph (1), by inserting before the period at the end of subparagraph (B) the following: , with such retirement under that section to be not later than the first day of the month beginning
after the month in which the officer becomes qualified for retirement
under that section, or on the first day of the seventh calendar month
beginning after the month in which the Secretary concerned approves the
report of the board which recommended the officer for early retirement,
whichever is later
; and
in paragraph (3)—
by striking 90 days
and inserting three months
; and
by inserting after the first sentence the following new sentences: An officer recommended for early retirement under subparagraph (b)(1)(A) or under section 638a of
this title, if approved for deferral, shall be retired on the date
requested by the officer, and approved by the Secretary concerned, which
date shall be not later than the first day of the tenth calendar month
beginning after the month in which the Secretary concerned approves the
report of the board which recommended the officer for early retirement.
The Secretary concerned may defer the retirement of an officer otherwise
approved for early retirement under subparagraph (b)(1)(B), but in no case
later than the first day of the tenth calendar month beginning after the
month in which the Secretary concerned approves the report of the board
which recommended the officer for early retirement. An officer
recommended for early retirement under subparagraph (b)(2), if approved
for deferral, shall be retired on the date requested by the officer, and
approved by the Secretary concerned, which date shall be not later than
the first day of the thirteenth calendar month beginning after the month
in which the Secretary concerned approves the report of the board which
recommended the officer for early retirement.
.
Reserve Component Management
Reconciliation of contradictory provisions relating to citizenship qualifications for enlistment in the reserve components of the armed forces
Paragraphs (1) and (2) of section 12102(b) of title 10, United States Code, are amended to read as follows:
that person has met the citizenship or residency requirements established in section 504(b)(1) of this title; or
that person is authorized to enlist by the Secretary concerned under section 504(b)(2) of this title.
.
Repeal of requirement for membership in specific unit of the selected reserve as a condition of employment as a military technician (dual status)
Repeal of unit membership requirement
Section 10216 of title 10, United States Code, is amended by striking subsection (d).
Conforming amendment
Subsection (g) of such section is amended by striking subsection (d) of this section or
.
Retention on the reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees
Retention of certain first lieutenants and lieutenants (junior grade) following nonselection for promotion
Subsection (a)(1) of section 14701 of title 10, United States Code, is amended—
by inserting (A)
after (1)
;
by striking A reserve office of
and inserting A reserve officer of the Army, Navy, Air Force, or Marine Corps described in subparagraph (B) who
is required to be removed from the reserve active-status list under
section 14504 of this title, or a reserve officer of
;
by inserting a comma after 14507 of this title
; and
by adding at the end the following new subparagraph:
A reserve officer described in this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), who—
is a health professions officer; or
is actively pursuing an undergraduate program of education leading to a baccalaureate degree.
.
Retention of health professions officers
Such section is further amended—
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following new subsection (b):
Continuation of health professions officers
Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under section 16201 of this title who is required to be removed from the reserve active-status list under section 14504, 14505, 14506, or 14507 of this title and who has not completed a service obligation incurred under section 16201 shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, unless sooner retired or discharged under another provision of law.
The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the service obligation of that officer is not in the best interest of the service.
A health professions officer who is continued on the reserve active-status list under this subsection who is subsequently promoted or whose name is on a list of officers recommended for promotion to the next higher grade is not required to be discharged or retired upon completion of the officer’s service obligation. Such officer may continue on the reserve active-status list as other officers of the same grade unless separated under another provision of law.
.
Member education and training
Inter-European Air Forces Academy
In general
Chapter 907 of title 10, United States Code, is amended by inserting after section 9415 the following new section:
Inter-European Air Forces Academy
Operation
The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-European Air Forces Academy for the purpose of providing military education and training to military personnel of countries that are members of the North Atlantic Treaty Organization or signatories to the Partnership for Peace Framework Documents, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).
Eligible countries
No foreign force may be trained under the authority of this section without the concurrence of the Secretary of State.
The Secretary of the Air Force may not use the authority in subsection (a) to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.
Costs
The costs of operating and maintaining the Inter-European Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force.
Supplies and clothing
The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this chapter—
transportation incident to the training;
supplies and equipment to be used during the training; and
billeting, food, and health services.
Living allowance
The Secretary of the Air Force may pay to a person receiving training under this chapter a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances.
Maintenance
The Secretary of the Air Force may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this chapter.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9415 the following new item:
9416. Inter-European Air Forces Academy.
.
Authority for Joint Special Operations University to award degrees
In general
Chapter 108 of title 10, United States Code, is amended by inserting after section 2163 the following new section:
Degree granting authority for Joint Special Operations University
Authority
Under regulations prescribed by the Secretary of Defense, the President of the Joint Special Operations University may, upon the recommendation of the faculty of the Joint Special Operations University, confer appropriate degrees upon graduates who meet the degree requirements.
Limitation
A degree may not be conferred under this section unless—
the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
the Joint Special Operations University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2163 the following new item:
2163a. Degree granting authority for Joint Special Operations University.
.
Duration of foreign and cultural exchange activities at military service academies
Military academy
Section 4345a(a) of title 10, United States Code, is amended by striking two weeks
and inserting four weeks
.
Naval academy
Section 6957b(a) of such title is amended by striking two weeks
and inserting four weeks
.
Air force academy
Section 9345a(a) of such title is amended by striking two weeks
and inserting four weeks
.
Enhancement of authority to accept support for Air Force Academy athletic programs
Section 9362 of title 10, United States Code, is amended by striking subsections (e), (f), and (g) and inserting the following new subsections:
Acceptance of support
Support received from the corporation
Notwithstanding section 1342 of title 31, the Secretary of the Air Force may accept from the corporation funds, supplies, equipment, and services for the support of the athletic programs of the Academy.
Funds received from other sources
The Secretary may charge fees for the support of the athletic programs of the Academy. The Secretary may accept and retain fees for services and other benefits provided incident to the operation of its athletic programs, including fees from the National Collegiate Athletic Association, fees from athletic conferences, game guarantees from other educational institutions, fees for ticketing or licensing, and other consideration provided incidental to the execution of the athletic programs of the Academy.
Limitation
The Secretary shall ensure that contributions accepted under this subsection do not reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program.
Leases and licenses
The Secretary may, in accordance with section 2667 of this title, enter into leases or licenses with the corporation for the purpose of supporting the athletic programs of the Academy. Consideration provided under such a lease or license may be provided in the form of funds, supplies, equipment, and services for the support of the athletic programs of the Academy.
The Secretary may provide support services to the corporation without charge while the corporation
conducts its support activities at the Academy. In this section, the term support services
includes the providing of utilities, office furnishings and equipment, communications services,
records staging and archiving, audio and video support, and security
systems in conjunction with the leasing or licensing of property. Any
such support services may only be provided without any liability of the
United States to the corporation.
Contracts and cooperative agreements
The Secretary may enter into contracts and cooperative agreements with the corporation for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 2304(k) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property, services, or travel for the direct benefit or use of the Academy athletic programs.
Trademarks and service marks
Licensing, marketing, and sponsorship agreements
An agreement under subsection (g) may, consistent with section 2260 (other than subsection (d)) of this title, authorize the corporation to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary.
Limitations
No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program.
Retention and use of funds
Any funds received under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended.
.
Defense dependents’ education and military family readiness matters
Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse
Subsection (d)(4) of section 1059 of title 10, United States Code, is amended by striking as of the date on which the individual described in subsection (b) is separated from active duty
and inserting as of the date on which the separation action is initiated by a commander of the individual
described in subsection (b)
.
Authority to employ non-United States citizens as teachers in Department of Defense Overseas Dependents’ School System
Section 2(2)(A) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20
U.S.C. 901(2)(A)) is amended by inserting or a local national who teaches a host nation language course
after who is a citizen of the United States
.
Expansion of the function of the advisory council on dependents’ education to include the domestic dependent elementary and secondary schools
Expansion of functions
Subsection (c) of section 1411 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 929) is amended—
in paragraph (1), by inserting , and of the domestic dependent elementary and secondary school system established under section
2164 of title 10, United States Code,
after of the defense dependents’ education system
; and
in paragraph (2), by inserting and in the domestic dependent elementary and secondary school system
before the comma at the end.
Membership of council
Subsection (a)(1)(B) of such section is amended—
by inserting and the domestic dependent elementary and secondary schools established under section 2164 of title
10, United States Code
after the defense dependents’ education system
; and
by inserting either
before such system
.
Other matters
Procedures for judicial review of military personnel decisions relating to correction of military records
Availability of judicial review; limitations
In general
Chapter 79 of title 10, United States Code, is amended by adding at the end the following new section:
Judicial review of decisions relating to correction of military records
Availability of judicial review
In general
Pursuant to sections 1346 and 1491 of title 28 and chapter 7 of title 5, any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter.
Records correction final decision defined
In this section, the term records correction final decision
means any of the following decisions:
A final decision issued by the Secretary concerned pursuant to section 1552 of this title.
A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(g) of this title.
A final decision issued by the Secretary of Defense pursuant to section 1034(h) of this title.
A final decision issued by the Secretary concerned pursuant to section 1554a of this title.
Exhaustion of administrative remedies
General rule
Except as provided in paragraphs (3) and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless—
the petitioner has requested a correction under sections 1552 or 1554a of this title (including such a request in a matter arising under section 1034 of this title); and
the Secretary concerned has rendered a final decision denying that correction in whole or in part.
Whistleblower cases
When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(h) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the earlier of the following occurs:
The Secretary of Defense makes a decision in the matter.
The period specified in section 1034(h) of this title for the Secretary to make a decision in the matter expires.
Class actions
If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified.
Timeliness
Paragraph (1) shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction.
Statutes of limitation
Six years from final decision
A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision.
Six years for certain claims that may result in payment of money
In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision.
Subparagraph (A) applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money either under a court order or under a subsequent administrative determination, other than payments made under—
chapter 61 of this title to a claimant who prior to such records correction final decision, was not the subject of a decision by a physical evaluation board or by any other board authorized to grant disability payments to the claimant; or
chapter 73 of this title.
Habeas corpus
This section does not affect any cause of action arising under chapter 153 of title 28.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
1560. Judicial review of decisions.
.
Effect of denial of request for correction of records when prohibited personnel action alleged
Notice of denial; procedures for judicial review
Subsection (g) of section 1034 of such title is amended by adding at the end the following new paragraph:
In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member—
a concise written statement of the basis for the decision; and
a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.
.
Secretary of Defense review; notice of denial
Subsection (h) of such section is amended—
by inserting (1)
before Upon the completion of all
; and
by adding at the end the following new paragraph:
The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member—
a concise written statement of the basis for the decision; and
a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.
.
Sole basis for judicial review
Such section is further amended—
by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and
by inserting after subsection (h) the following new subsection (i):
Judicial review
A decision of the Secretary of Defense under subsection (h) shall be subject to judicial review only as provided in section 1560 of this title.
In a case in which review by the Secretary of Defense under subsection (h) was not sought, a decision of the Secretary of a military department under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.
A decision by the Secretary of Homeland Security under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.
.
Effect of denial of other requests for correction of military records
Section 1552 of such title is amended by adding at the end the following new subsections:
In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant—
a concise written statement of the basis for the decision; and
a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.
A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.
.
Judicial review of corrections recommended by the physical disability board of review
Section 1554a of such title is amended—
by redesignating subsection (f) as subsection (h); and
by inserting after subsection (e) the following new subsections (f) and (g):
Record of decision and notification
In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary shall provide to the member or former member—
a concise written statement of the basis for the decision; and
a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.
Judicial review
A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.
.
Effective date and application
In general
The amendments made by this section shall take effect on January 1, 2016, and shall apply to all final decisions of the Secretary of Defense under section 1034(h) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(g), 1552 or 1554a of such title rendered on or after such date.
Treatment of existing cases
This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in paragraph (1).
Implementation
The Secretary of a military department and the Secretary of Homeland Security (in the case of the Coast Guard when it is not operating as a service in the Department of the Navy) may prescribe regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. Regulations or interim guidance prescribed by the Secretary of a military department may not take effect until approved by the Secretary of Defense.
Enhanced role for Department of Justice under Military Lending Act
Enforcement by the Attorney General
Subsection (f) of section 987 of title 10, United States Code, is amended by adding at the end the following new paragraph:
Enforcement by the attorney general
In general
The Attorney General may commence a civil action in any appropriate district court of the United States against any person who—
engages in a pattern or practice of violating this section; or
engages in a violation of this section that raises an issue of general public importance.
Relief
In a civil action commenced under subparagraph (A), the court—
may grant any appropriate equitable or declaratory relief with respect to the violation of this section;
may award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and
may, to vindicate the public interest, assess a civil penalty—
in an amount not exceeding $110,000 for a first violation; and
in an amount not exceeding $220,000 for any subsequent violation.
Intervention
Upon timely application, a person aggrieved by a violation of this section with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under paragraph (5) with respect to that violation, along with costs and a reasonable attorney fee.
Issuance and service of civil investigative demands
Whenever the Attorney General, or a designee, has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this section, the Attorney General, or a designee, may, before commencing a civil action under subparagraph (A), issue in writing and cause to be served upon such person, a civil investigative demand requiring—
the production of such documentary material for inspection and copying;
that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or
the production of any combination of such documentary material or answers.
Relationship to false claims act
The statutory provisions governing the authority to issue, use, and enforce civil investigative
demands under section 3733 of title 31 (known as the False Claims Act
) shall govern the authority to issue, use, and enforce civil investigative demands under
subparagraph (D), except that—
any reference in that section to false claims law investigators or investigations shall be applied for purposes of subparagraph (D) as referring to investigators or investigations under this section;
any reference in that section to interrogatories shall be applied for purposes of subparagraph (D) as referring to written questions and answers to such need not be under oath;
the statutory definitions for purposes of that section relating to false claims law
shall not apply; and
provisions of that section relating to qui tam relators shall not apply.
.
Consultation with Department of Justice
Subsection (h)(3) of such section is amended by adding at the end the following new subparagraph:
The Department of Justice.
.
Enforcement of rights under chapter 43 of title 38, United States Code, with respect to a State or private employer
Action for relief
Initiation of actions
Paragraph (1) of subsection (a) of section 4323 of title 38, United States Code, is amended by
striking the third sentence and inserting the following new sentences: If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is
referred is entitled to the rights or benefits sought, the Attorney
General may commence an action for relief under this chapter. The person
on whose behalf the complaint is referred may, upon timely application,
intervene in such action and may obtain such appropriate relief as
provided in subsections (d) and (e).
.
Attorney general notice to servicemember of decision
Paragraph (2) of such subsection is amended to read as follows:
Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted—
if the Attorney General has made a decision about whether the United States will commence an action for relief under paragraph (1) relating to the complaint of the person, notice of the decision; and
if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision.
If the Attorney General notifies a person of when the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision.
.
Pattern or practice cases
Such subsection is further amended—
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) (as amended by paragraph (2) of this subsection) the following new paragraph (3):
Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights or benefits secured by this chapter, the Attorney General may commence an action under this chapter.
.
Actions by private persons
Subparagraph (C) of paragraph (4) of such subsection, as redesignated by paragraph (3)(A), is
amended by striking refused
and all that follows and inserting notified by the Department of Justice that the Attorney General does not intend to bring a civil
action.
.
Sovereign immunity
Paragraph (2) of subsection (b) of section 4323 of such title is amended to read as follows:
In the case of an action against a State (as an employer), any instrumentality of a State, or any officer or employee of a State or instrumentality of a State acting in that officer or employee’s official capacity, by any person, the action may be brought in the appropriate district court of the United States or in a State court of competent jurisdiction, and the State, instrumentality of the State, or officer or employee of the State or instrumentality acting in that officer or employee’s official capacity shall not be immune under the Eleventh Amendment of the Constitution, or under any other doctrine of sovereign immunity, from such action.
No State, instrumentality of such State, or officer or employee of such State or instrumentality of such State, acting in that officer or employee’s official capacity, that receives or uses Federal financial assistance for a program or activity shall be immune, under the Eleventh Amendment of the Constitution or under any other doctrine of sovereign immunity, from suit in Federal or State court by any person for any violation under this chapter related to such program or activity.
In an action against a State brought pursuant to subsection (a), a court may award the remedies (including remedies both at law and in equity) that are available under subsections (d) and (e).
.
Venue for cases against private employers
Subsection (c)(2) of such section is amended by striking United States district court for any district in which the private employer of the person maintains
a place of business.
and inserting
United States district court for—
any district in which the employer maintains a place of business;
any district in which a substantial part of the events or omissions giving rise to the claim occurred; or
if there is no district in which an action may otherwise be brought as provided in subparagraph (A) or (B), any district in which the employer is subject to the court’s personal jurisdiction with respect to such action.
.
Compensatory and punitive damages
Subsection (d)(1) of such section is amended by striking subparagraph (C) and inserting the following new subparagraphs:
The court may require the employer to pay the person compensatory damages suffered by reason of such employer’s failure to comply with the provisions of this chapter.
The court may require the employer (other than a government, government agency, or political subdivision) to pay the person punitive damages if the court determines that the employer failed to comply with the provisions of this chapter with reckless indifference to the federally protected rights of the person.
The sum of the amount of compensatory damages awarded under this section and the amount of punitive damages awarded under this section, may not exceed, for each person the following:
In the case of an employer who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000.
In the case of an employer who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000.
In the case of an employer who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000.
In the case of an employer who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000.
.
Standing
Subsection (f) of such section is amended—
by inserting by the United States or
after may be initiated only
; and
by striking or by the United States under subsection (a)(1)
.
Attorney fees and other litigation expenses
Subsection (h)(2) of such section is amended by striking subsection (a)(2)
and inserting subsection (a)(1) or subsection (a)(4)
.
Pension contribution calculations
Subsection (b) of section 4318 of such title is amended—
in paragraph (3)(B), by striking on the basis of
and all that follows and inserting on the basis specified in paragraph (4).
; and
by adding at the end the following new paragraph:
The basis for a computation under paragraph (3) to which subparagraph (B) of that paragraph applies is as follows:
If the period of service described in subsection (a)(2)(B) is one year or less, the computation shall be made on the basis of the employee’s average rate of compensation during the 12-month period immediately preceding such period or, if shorter, the period of employment immediately preceding such period.
If the period of such service is more than one year, the computation shall be made on the basis of the average rate of compensation during such period of service of employees of that employer who are similarly situated to the servicemember in terms of having similar seniority, status, and pay.
.
Disability discovered after employee resumes employment
Subsection (a)(3) of section 4313 of such title is amended by inserting including a disability that is brought to the employer’s attention within five years after the
person resumes employment,
after during, such service,
.
Burden of identifying proper reemployment positions
Section 4313 of such title is further amended by adding at the end the following new subsection:
For purposes of this section, the employer shall have the burden of identifying the appropriate reemployment positions.
.
Civil investigative demands
Section 4323 of such title is further amended by adding at the end the following new subsection:
Issuance and service of civil investigative demands by attorney general
Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this chapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and cause to be served upon such person, a civil investigative demand requiring—
the production of such documentary material for inspection and copying;
that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or
the production of any combination of such documentary material or answers.
The provisions governing the authority to issue, use, and enforce civil investigative demands under
section 3733 of title 31 (known as the False Claims Act
) shall govern the authority to issue, use, and enforce civil investigative demands under paragraph
(1), except that for purposes of that paragraph—
a reference in that section to false claims law investigators or investigations shall be applied as referring to investigators or investigations under this chapter;
a reference to interrogatories shall be applied as referring to written questions, and answers to such need not be under oath;
the statutory definitions for purposes of that section relating to false claims law
shall not apply; and
provisions of that section relating to qui tam relators shall not apply.
.
Modification of criteria for eligibility for naturalization through service in the armed forces
Section 328(a) of the Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended—
by inserting (1)
after (a)
; and
by adding at the end the following new paragraph:
In addition to the authorities provided in paragraph (1), a qualifying noncitizen United States veteran may be naturalized without having been lawfully admitted to the United States for permanent residence if the person’s application for naturalization is filed while the applicant is serving in the armed forces of the United States or within six months after the termination of such service.
For purposes of subparagraph (A), a qualifying noncitizen United States veteran is a person—
who has served in the armed forces of the United States as described in subparagraph (C); and
whose enlistment in the armed forces—
was lawful under section 504(b) of title 10, United States Code; and
was not procured by a knowingly false representation or by deliberate concealment as to the person’s qualifications for that enlistment.
A person’s service in the armed forces of the United States is described in this subparagraph if—
the person served honorably in the armed forces for a period or periods aggregating one year, any part of which was served after the date of the enactment of this paragraph; and
in the case of a person who has been separated from such service, the person was never separated except under honorable conditions.
.
COMPENSATION AND OTHER PERSONNEL BENEFITS
Pay and Allowances
Fiscal year 2015 increase in military basic pay
Waiver of Section 1009 adjustment
The adjustment to become effective during fiscal year 2015 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.
Increase in basic pay
Effective on January 1, 2015, the rates of monthly basic pay for members of the uniformed services are increased by 1 percent for enlisted member pay grades, warrant officer pay grades, and commissioned officer pay grades below pay grade O–7.
Application of Executive Schedule Level II ceiling on payable rates for general and flag officers
Section 203(a)(2) of title 37, United States Code, shall be applied for rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 during calendar year 2015 by using the rate of pay for level II of the Executive Schedule in effect during 2014.
Inclusion of Chief of the National Guard Bureau and senior enlisted advisor to the Chief of the National Guard Bureau among senior members of the armed forces for purposes of pay and allowances
Basic pay rate equal treatment of Chief of the National Guard Bureau and Senior Enlisted Advisor to the Chief of the National Guard Bureau
Chief of the National Guard Bureau
The rate of basic pay for an officer while serving as the Chief of the National Guard Bureau shall
be the same as the rate of basic pay for the officers specified in
Footnote 2 of the table entitled commissioned officers
in section 601(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law
108–136; 37 U.S.C. 1009 note), regardless of cumulative years of service
computed under section 205 of title 37, United States Code.
Senior Enlisted Advisor to the Chief of the National Guard Bureau
Subsection (a)(1) of section 685 of the National Defense Authorization Act for Fiscal Year 2006 (37
U.S.C. 205 note) is amended by inserting or as Senior Enlisted Advisor to the Chief of the National Guard Bureau
after Chairman of the Joint Chiefs of Staff
.
The heading of such section is amended by inserting and for the chief of the national guard bureau
after chairman of the joint chiefs of staff
.
The amendment made by subparagraph (A) shall apply to the individual who on the date of the enactment of this Act is serving as Senior Enlisted Advisor to the Chief of the National Guard Bureau effective as of the date on which the assignment of that individual to that position began.
Pay during terminal leave and while hospitalized
Section 210 of title 37, United States Code, is amended—
in subsection (a), by inserting or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the
National Guard Bureau
after that armed force
; and
in subsection (c), by striking paragraph (6).
Personal money allowance
Section 414 of title 37, United States Code, is amended—
in subsection (a)(5)—
by striking or
before Commandant of the Coast Guard
; and
by inserting , or Chief of the National Guard Bureau
after Commandant of the Coast Guard
; and
in subsection (c)—
by striking or
before the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff
; and
by inserting , or the Senior Enlisted Advisor to the Chief of the National Guard Bureau
after Chiefs of Staff
.
Retired base pay
Section 1406(i) of title 10, United States Code, is amended—
in the subsection heading, by inserting chief of the national guard bureau,
after chiefs of service,
;
in paragraph (1)—
by inserting the Chief of the National Guard Bureau,
after Chief of Service,
; and
by inserting or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the
National Guard Bureau
after of an armed force
; and
in paragraph (3), by striking clause (vi) of subparagraph (B).
Revision to method of computation of basic allowance for housing
Paragraph (3) of section 403(b) of title 37, United States Code, is amended to read as follows:
The monthly amount of the basic allowance for housing for an area of the United States for a member of a uniformed service shall be the amount equal to the difference between—
the amount of the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member; and
the amount equal to a specified percentage (determined under subparagraph (B)) of the national average monthly cost of adequate housing in the United States, as determined by the Secretary, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member.
The percentage to be used for purposes of subparagraph (A)(ii) shall be determined by the Secretary of Defense and may not exceed 5 percent.
.
Bonuses and Special and Incentive Pays
One-year extension of certain expiring bonus and special pay authorities
Authorities relating to Reserve Forces
The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”:
Section 308b(g), relating to Selected Reserve reenlistment bonus.
Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.
Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.
Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.
Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.
Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.
Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.
Title 10 authorities relating to health care professionals
The following sections of title 10, United States Code, are amended by striking December 31, 2014
and inserting December 31, 2015
:
Section 2130a(a)(1), relating to nurse officer candidate accession program.
Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
Title 37 authorities relating to health care professionals
The following sections of title 37, United States Code, are amended by striking December 31, 2014
and inserting December 31, 2015
:
Section 302c–1(f), relating to accession and retention bonuses for psychologists.
Section 302d(a)(1), relating to accession bonus for registered nurses.
Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.
Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.
Section 302h(a)(1), relating to accession bonus for dental officers.
Section 302j(a), relating to accession bonus for pharmacy officers.
Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.
Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.
Authorities relating to nuclear officers
The following sections of title 37, United States Code, are amended by striking December 31, 2014
and inserting December 31, 2015
:
Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.
Section 312b(c), relating to nuclear career accession bonus.
Section 312c(d), relating to nuclear career annual incentive bonus.
Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities
The following sections of title 37, United States Code, are amended by striking December 31, 2014
and inserting December 31, 2015
:
Section 331(h), relating to general bonus authority for enlisted members.
Section 332(g), relating to general bonus authority for officers.
Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.
Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
Section 335(k), relating to bonus and incentive pay authorities for officers in health professions.
Section 351(h), relating to hazardous duty pay.
Section 352(g), relating to assignment pay or special duty pay.
Section 353(i), relating to skill incentive pay or proficiency bonus.
Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
Other title 37 bonus and special pay authorities
The following sections of title 37, United States Code, are amended by striking December 31, 2014
and inserting December 31, 2015
:
Section 301b(a), relating to aviation officer retention bonus.
Section 307a(g), relating to assignment incentive pay.
Section 308(g), relating to reenlistment bonus for active members.
Section 309(e), relating to enlistment bonus.
Section 324(g), relating to accession bonus for new officers in critical skills.
Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.
Section 327(h), relating to incentive bonus for transfer between the armed forces.
Section 330(f), relating to accession bonus for officer candidates.
Section 403(b)(7)(E), relating to basic allowance for housing.
Travel and Transportation Allowances
Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel
Authority
Subsection (e) of section 5911 of title 5, United States Code, is amended—
by striking The head
and inserting (1) Except as provided in paragraph (2), the head
; and
by adding at the end the following new paragraph:
The Secretary of Defense may require an employee of the Department of Defense or a member of the uniformed services under the Secretary’s jurisdiction performing duty on official travel to occupy adequate quarters on a rental basis when available.
A requirement under subparagraph (A) with respect to an employee of the Department of Defense may not be construed to be subject to negotiation under chapter 71 of this title.
.
Definition of quarters
Subsection (a)(5) of such section is amended by inserting or commercial lodging arranged through a Government lodging program
after leased by the Government
.
Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services
Incorporation of IRS rate as single standard mileage rate applicable to automobiles
Section 5704(a)(1) of title 5, United States Code, is amended by striking established by the Administrator shall not exceed
in the last sentence and inserting shall be
.
Establishment of mileage reimbursement rates
Elimination of automobiles from periodic investigations of cost of travel
Paragraph (1)(A) of section 5707(b) of such title is amended—
by striking , in consultation with the Secretary of Transportation, the Secretary of Defense, and
representatives of organizations of employees of the Government,
; and
by striking vehicles to
and inserting airplanes and privately owned motorcycles by
.
Reimbursement rate for automobiles
Paragraph (2)(A)(i) of such section is amended by striking prescribe a mileage reimbursement rate which reflects the current costs as determined by the
Administrator of operating privately owned automobiles, and which shall
not exceed,
and inserting provide that the mileage reimbursement rate for privately owned automobiles,
.
HEALTHCARE PROVISIONS
TRICARE and Other Health Care Benefits
Consolidated TRICARE health plan
Freedom of choice for TRICARE points of service
Chapter 55 of title 10, United States Code, is amended by inserting after section 1073b the following new section:
TRICARE program: freedom of choice for points of service
Freedom of choice
A covered beneficiary may choose to receive care from any of the points of service specified in subsection (b), subject to availability.
Points of service
The TRICARE program has three points of service through which medical and dental care and health benefits are provided, as follows:
Facilities of the uniformed services.
Entities with which the Secretary of Defense has contracted for the delivery of health care under this chapter.
Entities other than those described in paragraphs (1) and (2).
.
TRICARE cost-Sharing requirements
Such chapter is further amended by inserting after section 1074m the following new section:
TRICARE program: cost-sharing requirements
In general
This section establishes cost-sharing requirements for beneficiaries under the TRICARE program.
Beneficiaries for cost-Sharing purposes
Beneficiary categories
The beneficiary categories for purposes of cost-sharing requirements under the TRICARE program are as follows:
Category 1: Active-duty members
Category 1 consists of beneficiaries who are covered by section 1074(a) of this title.
Category 2: Members of the selected reserve; Dependents of active-duty members
Category 2 consists of beneficiaries who are covered by section 1076d or 1079 of this title.
Category 3: Disability retirees & family members; family members of persons dying on active duty
Category 3 consists of beneficiaries (other than Category 5 beneficiaries) who are—
covered by section 1086(c)(1) of this title by reason of being retired under chapter 61 of this title or being a dependent of such a member; or
covered by section 1086(c)(2) of this title.
Category 4: Other retirees & family members
Category 4 consists of beneficiaries covered by section 1086(c) of this title other than Category 3 beneficiaries and Category 5 beneficiaries.
Category 5: Medicare-eligible beneficiaries
Category 5 consists of beneficiaries who are described in section 1086(d)(2) of this title.
Junior enlisted beneficiaries
A beneficiary is a junior enlisted beneficiary if the beneficiary is—
a Category 2 beneficiary who is a dependent of a member in pay grade E–1 through E–4;
a Category 2 beneficiary who is a member of the Selected Reserve of the Ready Reserve in pay grade E–1 through E–4;
a Category 3 beneficiary who retired under chapter 61 of this title in pay grade E–1 through E–4 or who is a dependent of such a member; or
a Category 3 beneficiary who is covered by section 1086(c)(2) of this title by reason of being a dependent of a member who was in pay grade E–1 through E–4 at the time of death.
Inapplicability of cost-Sharing requirements to certain beneficiaries and categories of care
Category 1 beneficiaries
There are no cost-sharing requirements under this section for Category 1 beneficiaries.
Category 5 beneficiaries
Cost sharing under this section does not apply to a Category 5 beneficiary for care covered by section 1086(d)(3) of this title, except that the catastrophic cap under subsection (g)(3) does apply to such care. For care provided to a Category 5 beneficiary that is not covered by such section, the cost-sharing requirements applicable to Category 4 beneficiaries under this section apply, except that the enrollment fee under subsection (e) does not apply.
Extended health-care services
Cost sharing under this section does not apply to extended health care services under section 1079(d) and (e) of this title.
Other programs
This section does not apply to premiums established under this chapter under sections other than 1079 and 1086. For a program under this chapter for which such a premium applies, the enrollment fee under subsection (e) does not apply.
Special rules
Pharmacy Benefits Program
Required copayments for services under the Pharmacy Benefits Program are set forth in section 1074g of this title. The enrollment fee, deductible, and catastrophic cap under this section apply to the Pharmacy Benefits Program under that section.
Calendar year enrollment period
Enrollment fees, deductible amounts, and catastrophic caps under this section are on a calendar-year basis.
Crediting of amounts received
Amounts received under this section for care provided by a facility of the uniformed services shall be deposited to the credit of the appropriation supporting the maintenance and operation of that facility.
Annual enrollment fee for Category 4 beneficiaries
Requirement
As a condition of eligibility for the TRICARE program in any year (including care in facilities of the uniformed services and pharmacy benefits under section 1074g of this title), a Category 4 beneficiary shall pay an enrollment fee for that year.
Amount
The amount of such fee for any year is the baseline amount as adjusted under subsection (j). The baseline amount is the amount that would have been charged for enrollment in TRICARE Prime during fiscal year 2016 under section 1097 of this title on the day before the effective date of this section.
Annual deductible
Requirement
For a Category 2, 3, or 4 beneficiary, the cost-sharing requirements applicable under this section include an annual deductible of the charges for care received under the TRICARE program during a year.
Exclusion
Any charge paid with respect to care provided in a facility of the uniformed services shall not be applied to the annual deductible.
Amount
The amount of the annual deductible for a beneficiary is the following:
$150 per person, with a maximum of $300 per family group of two or more persons, for a junior enlisted beneficiary.
$300 per person, with a maximum of $600 per family group of two or more persons, for all other beneficiaries subject to this subsection.
Catastrophic cap
Requirement
The total amount of cost sharing required to be paid by a beneficiary under the TRICARE program for a year is limited to a maximum amount, referred to as a catastrophic cap.
Exclusion
An enrollment fee paid under subsection (e) shall not be counted toward the catastrophic cap.
Amount
The catastrophic cap has been reached for a beneficiary during a year if the total amount of cost sharing requirements (other than an enrollment fee paid under subsection (e)) incurred under the TRICARE program by all beneficiaries in the beneficiary’s family group during that year is the following:
For a Category 2 or 3 beneficiary, $1,500 for health care provided by network providers or $2,500 for all health care.
For a Category 4 beneficiary, $3,000 for health care provided by military treatment facilities and network providers or $5,000 for all health care.
Outpatient cost sharing
In general
A Category 2, 3, or 4 beneficiary shall be subject to cost-sharing for outpatient care in accordance with the amounts and percentages under the following table, as such amounts are adjusted under subsection (j):
| Services | TRICARE Network Providers and Facilities of the Uniformed Services (FUS) | Out-of-Network Providers | |||
| Junior Enlisted Beneficiaries | Category 2 and 3 Beneficiaries (other than Junior Enlisted Beneficiaries) | Category 4 Beneficiaries | Category 2 and 3 Beneficiaries | Category 4 Beneficiaries | |
| a No cost for clinical preventive services as selected consistent with the Patient Protection and
Affordable Care Act. b Percentage of TRICARE maximum allowable charge after deductible is met. Note: FUS—facility of the uniformed services; PT—physical therapy; OT—occupational therapy; DME—durable medical equipment. | |||||
| Clinical preventive services a | $0 | $0 | $0 | $0 | $0 |
| Primary care visit | $0 FUS visit; $10 network visit | $0 FUS visit; $15 network visit | $10 FUS visit; $20 network visit | 20% b | 25% b |
| Specialty care visit (including PT, OT, speech) | $0 FUS visit or network behavioral health group visit; $20 network visit | $0 FUS visit or network behavioral health group visit; $25 network visit | $20 FUS visit or network behavioral health group visit; $30 network visit | 20% b | 25% b |
| Urgent care center | $0 FUS visit; $25 network visit | $0 FUS visit; $40 network visit | $30 FUS visit; $50 network visit | 20% b | 25% b |
| Emergency department | $0 FUS visit; $30 network visit | $0 FUS visit; $50 network visit | $50 FUS visit; $75 network visit | 20% b | 25% b |
| Ambulance | $10 trip, FUS or network | $15 trip, FUS or network | $20 trip, FUS or network | 20% b | 25% b |
| DME, prosthetics, orthotics, and supplies | 10% of negotiated network fee | 10% of negotiated network fee | 20% of FUS cost or network negotiated fee | 20% b | 25% b |
| Ambulatory surgery | $0 FUS; $25 network | $0 FUS; $50 network | $50 FUS; $100 network | 20% b | 25% b |
Special rule for Category 2 beneficiaries in remote locations
In the case of a Category 2 beneficiary who resides with the active-duty member from whom such beneficiary’s eligibility is derived at a duty location remote from an area in which services are provided by a network provider, network cost sharing amounts under the table in paragraph (2) apply, notwithstanding that care was provided by an out-of-network provider.
Inpatient cost sharing
A Category 2, 3, or 4 beneficiary shall be subject to cost sharing for inpatient care in accordance with the amounts and percentages under the following table, as such amounts are adjusted under subsection (j):
| Services | TRICARE Network Providers and Facilities of the Uniformed Services (FUS) | Out-of-Network Providers | ||||
| Junior Enlisted Beneficiaries | Category 2 and 3 Beneficiaries (other than Junior Enlisted Beneficiaries) | Category 4 Beneficiaries | Junior Enlisted Beneficiaries | Category 2 and 3 Beneficiaries (other than Junior Enlisted Beneficiaries) | Category 4 Beneficiaries | |
| a Percentage of TRICARE maximum allowable charge after deductible is met. b Inpatient skilled nursing/rehabilitation is generally not offered in MTFs for anyone other than service members. | ||||||
| Hospitalization | $17.35 FUS per day; $50 network per admission | $17.35 FUS per day; $80 network per admission | $17.35 FUS per day; $200 network per admission | 20% a | 20% a | 25%a |
| Inpatient skilled nursing/rehabilitation b | $17 network per day | $25 network per day | $25 per day | $25 per day | $35 per day | $250 per day or 20% a of billed charges for institutional services, whichever is less, plus 20% for separately billed services |
Annual adjustment to certain cost-Sharing amounts
Adjustment
For any year after 2016, the dollar amounts specified in paragraph (2) shall be equal to such dollar amounts increased by the percentage by which retired pay has been increased under section 1401a(b)(2) of this title since 2016, rounded to the next lower multiple of $1.
Amounts subject to adjustment
Paragraph (1) applies to the following:
The amount of the enrollment fee in effect under subsection (e).
Each deductible amount in effect under subsection (f).
Each catastrophic cap amount in effect under subsection (g).
Each amount in effect under subsection (h) for outpatient care.
Each amount in effect under subsection (i) for inpatient care.
Regulations
In general
The Secretary of Defense, after consultation with the other administering Secretaries, shall prescribe regulations to carry out this section.
Matters to be included
The regulations prescribed under paragraph (1) shall include the following:
Provisions to ensure, to the extent practicable, the availability of network providers to at least 85 percent of beneficiaries for whom the TRICARE program provides primary health benefits.
Provisions for an annual open season enrollment period and for enrollment modifications under appropriate circumstances.
Priorities for access to care in facilities of the uniformed services and other standards to ensure timely access to care.
Additional matters
Those regulations may provide for TRICARE eligibility and alternate cost sharing for beneficiaries who are Category 2, 3, 4, or 5 beneficiaries who have other health insurance that provides primary health benefits.
Authority for additional provisions for effective and efficient administration
Those regulations may include such other provisions as the Secretary determines appropriate for the effective and efficient administration of the TRICARE program, including any matter not specifically addressed in this chapter or any other law.
Definitions
In this section:
The term network provider means a health care provider referred to in section 1073c(b)(2) of this title.
The term out-of-network provider means a health care provider referred to in section 1073c(b)(3) of this title.
.
Transition rules for last quarter of calendar year 2015
With respect to cost sharing requirements applicable under sections 1079, 1086, or 1097 of title 10, United States Code, to a covered beneficiary under such sections during the period October 1, 2015, through December 31, 2015:
Any enrollment fee shall be one-fourth of the amount in effect during fiscal year 2015.
Any deductible amount applicable during fiscal year 2015 shall apply for the 15-month period of October 1, 2014, through December 31, 2015.
Any catastrophic cap applicable during fiscal year 2015 shall apply for the 15-month period of October 1, 2014, through December 31, 2015.
Repeal of superseded authorities
The following provisions of law are repealed:
Section 1078 of title 10, United States Code.
Section 1097a of title 10, United States Code.
Section 1099 of title 10, United States Code.
Section 731 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 1073 note).
Conforming amendments to Title 10, United States Code
Title 10, United States Code is amended as follows:
Section 1072 is amended by striking paragraph (7) and inserting the following:
The term TRICARE program means the various programs carried out by the Secretary of Defense under this chapter and any other provision of law providing for the furnishing of medical and dental care and health benefits to members and former members of the uniformed services and their dependents.
.
Section 1074(c)(2) is amended by striking the managed care option of the TRICARE program known as TRICARE Prime
and inserting the TRICARE program
.
Section 1076d is amended by striking TRICARE Standard
each place it appears (including in the heading of such section) and inserting TRICARE Reserve Select
.
Section 1076e is amended by striking TRICARE Standard
each place it appears (including in the heading of such section) and inserting TRICARE Retired Reserve
.
Section 1076e is further amended by striking TRICARE Retired Reserve Coverage at age 60
(as inserted by paragraph (4)) and inserting TRICARE coverage at age 60
.
Section 1079 is amended—
in subsection (b), by striking “of the following amounts:” and all that follows and inserting “of amounts as provided under section 1075 of this title.”; and
by striking subsections (c), (g) and (p).
Section 1079a is amended—
by striking CHAMPUS
in the heading and inserting TRICARE program
; and
by striking the Civilian Health and Medical Program of the Uniformed Services
and inserting the TRICARE program
.
Section 1086(b) is amended by striking contain the following
and all that follows and inserting include provisions for payment by the patient as provided under section 1075 of this title.
.
Section 1097(e) is amended to read as follows:
Charges for health care
Section 1075 of this title applies to health care services under this section.
.
Other conforming amendments
Section 721 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073 note) is amended—
in paragraph (7), by striking the health plan known as the TRICARE PRIME option under
; and
in paragraph (9), by striking all that follows The term TRICARE program
and inserting has the meaning given that term in section 1072(7) of title 10, United States Code.
.
Section 723(a) of such Act (Public Law 104–201; 10 U.S.C. 1073 note) is amended by striking section 731 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10
U.S.C. 1073 note)
and inserting section 1075 of title 10, United States Code
.
Section 706 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 684) is amended—
in subsection (c), by striking Prime Remote
; and
in subsection (d), by striking the TRICARE Standard plan
and inserting the TRICARE program
.
Clerical amendments
The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended—
by inserting after the item relating to section 1073b the following new item:
1073c. TRICARE program; freedom of choice for points of service.
;
by inserting after the item relating to section 1074m the following new item:
1075. TRICARE program; cost-sharing requirements.
;
in the item relating to section 1076d, by striking TRICARE Standard
and inserting TRICARE Reserve Select
;
in the item relating to section 1076e, by striking TRICARE Standard
and inserting TRICARE Retired Reserve
;
in the item relating to section 1079a, by striking CHAMPUS
and inserting TRICARE program
; and
by striking the items relating to sections 1078, 1097a, and 1099.
Effective dates
In general
Except as provided in paragraph (2), this section and the amendments made by the section shall take effect on January 1, 2016.
Transition rules
Subsection (c) shall take effect on October 1, 2015.
Revisions to cost sharing requirements for TRICARE for life and the pharmacy benefits program
TRICARE for life enrollment fees
Section 1086(d)(3) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
Beginning January 1, 2015, a person described in paragraph (2) (except as provided in clauses (vi) and (vii)), shall pay an annual enrollment fee as a condition of eligibility for health care benefits under this section. Such enrollment fee shall be an amount (rounded to the nearest dollar) equal to the applicable percentage (specified in clause (ii)) of the annual retired pay of the member or former member upon whom the covered beneficiary’s eligibility is based, except that the amount of such enrollment fee shall not be in excess of the applicable maximum enrollment fee (specified in clause (iii)).
The applicable percentage of retired pay shall be determined in accordance with the following table:
| For: | The applicable percentage for a family group of two or more persons is: | The applicable percentage for an individual is: |
| 2015 | 0.50% | 0.25% |
| 2016 | 1.00% | 0.50% |
| 2017 | 1.50% | 0.75% |
| 2018 and after | 2.00% | 1.00%. |
For any year 2015 through 2018, the applicable maximum enrollment fees for a family group of two or more persons shall be determined in accordance with the following table:
| For: | The applicable maximum enrollment fee for a family group whose eligibility is based upon a member or former member of retired grade O–7 or above is: | The applicable maximum enrollment fee for a family group whose eligibility is based upon a member or former member of retired grade O–6 or below is: |
| 2015 | $200 | $150 |
| 2016 | $400 | $300 |
| 2017 | $600 | $450 |
| 2018 | $800 | $600. |
For any year after 2018, the applicable maximum enrollment fee shall be equal to the maximum enrollment fee for the previous year increased by the percentage by which retired pay is increased under section 1401a(b)(2) of this title for such year.
The applicable maximum enrollment fee for an individual shall be one-half the corresponding maximum fee for a family group of two or more persons (as determined under clauses (iii) and (iv)).
Clause (i) shall not apply to a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member.
Clause (i) also shall not apply to a person who, prior to the date of the enactment of this subparagraph, met the conditions described in paragraph (2)(A) and (B).
.
TRICARE pharmacy program requirements
Availability of pharmaceutical agents through national mail-order pharmacy program
Section 1074g(a)(5) of such title is amended—
by striking at least one of the means described in paragraph (2)(E)
and inserting the national mail-order pharmacy program
; and
by striking may include
and all that follows through the end of the paragraph and inserting shall include cost sharing by the eligible covered beneficiary as specified in paragraph (6).
.
Cost sharing amounts
Section 1074g(a)(6) of such title is amended to read as follows:
In the case of any of the years 2015 through 2024, the cost sharing amounts referred to in paragraph (5) shall be determined in accordance with the following table:
| For: | The cost sharing amount for a 30-day supply of a retail generic is: | The cost sharing amount for a 30-day supply of a retail formulary is: | The cost sharing amount for a 90-day supply of a mail order generic is: | The cost sharing amount for a 90-day supply of a mail order formulary is: | The cost amount for a 90-day supply of a mail order non-formulary is: |
| 2015 | $5 | $26 | $0 | $26 | $51 |
| 2016 | $6 | $28 | $0 | $28 | $54 |
| 2017 | $7 | $30 | $0 | $30 | $58 |
| 2018 | $8 | $32 | $0 | $32 | $62 |
| 2019 | $9 | $34 | $9 | $34 | $66 |
| 2020 | $10 | $36 | $10 | $36 | $70 |
| 2021 | $11 | $38 | $11 | $38 | $75 |
| 2022 | $12 | $40 | $12 | $40 | $80 |
| 2023 | $13 | $43 | $13 | $43 | $85 |
| 2024 | $14 | $45 | $14 | $45 | $90. |
For any year after 2024, the cost sharing amounts referred to in paragraph (5) shall be equal to the cost sharing amounts for the previous year, adjusted by an amount, if any, as determined by the Secretary to reflect changes in the costs of pharmaceutical agents and prescription dispensing, rounded to the nearest dollar.
Notwithstanding subparagraphs (A) and (B), the cost-sharing amounts referred to in paragraph (5) for any year for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member shall be equal to the cost sharing amounts, if any, for fiscal year 2014.
.
Refills of prescription maintenance medications through the National Mail Order Pharmacy Program
In general
Under the authority of section 1092 of such title, beginning January 1, 2015, the pharmacy benefits program shall require eligible covered beneficiaries generally to refill non-generic prescription maintenance medications through military treatment facility pharmacies or the national mail-order pharmacy program.
Medications covered
Determination
The Secretary shall determine the maintenance medications subject to the requirement under paragraph (1).
Supply
In carrying out the requirement under paragraph (1), the Secretary shall ensure that the medications subject to the requirement under paragraph (1) are—
generally available to eligible covered beneficiaries through retail pharmacies only for an initial filling of a 30-day or less supply; and
any refills of such medications are obtained through a military treatment facility pharmacy or the national mail-order pharmacy program.
Exemption
The Secretary may exempt the following prescription maintenance medications from the requirements in subparagraph (B):
Medications that are for acute care needs.
Such other medications as the Secretary determines appropriate.
Authority To adjust payments into the Medicare-Eligible Retiree Health Care Fund
Section 1116 of such title is amended by adding at the end the following new subsection:
During any fiscal year, if the Secretary of Defense determines that the amount certified under subsection (c) is no longer accurate because of a significant change in circumstances or law, the Secretary of Defense may, if appropriate, certify a revised amount determined in accordance with subsection (b)(2) to the Secretary of the Treasury.
If the Secretary of Defense makes a certification under paragraph (1), each other administering Secretary shall make and advise the Secretary of the Treasury of a revised determination, consistent with section 1111(c) of this title.
If a certification and determination are made under paragraphs (1) and (2), the Secretary of the Treasury shall promptly pay into or recoup from the Fund the difference between the amount paid into the Fund under subsection (a) and the amount certified or determined by the administering Secretary under paragraph (1) or (2).
.
Health Care Administration
Designation and responsibilities of Senior Medical Advisor for Armed Forces Retirement Home
Designation of Senior Medical Advisor
Subsection (a) of section 1513A of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 413a) is amended—
in paragraph (1), by striking Deputy Director of the TRICARE Management Activity
and inserting Deputy Director of the Defense Health Agency
; and
in paragraph (2), by striking Deputy Director of the TRICARE Management Activity
both places it appears and inserting Deputy Director of the Defense Health Agency
.
Clarification of responsibilities and duties of Senior Medical Advisor
Subsection (c)(2) of such section is amended by striking health care standards of the Department of Veterans Affairs
and inserting nationally recognized health care standards and requirements
.
Extension of authority for the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund
Subsection (e) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111–84; 123 Stat. 2573) is amended by striking September 30, 2015
and inserting September 30, 2016
.
Parity in provision of inpatient mental health services with other inpatient medical services
Elimination of inpatient day limits in provision of mental health services
Section 1079 of title 10, United States Code, is amended—
by striking paragraph (6) of subsection (a); and
by striking subsection (i).
Waiver of nonavailbility statement for mental health services
Section 721(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106–398; 10 U.S.C. 1073 note) is amended by
striking (other than mental health services)
.
Acquisition policy, acquisition management, and related matters
Acquisition policy and management
Three-year extension of authority for Joint Urgent Operational Needs Fund
Section 2216a(e) of title 10, United States Code, is amended by striking September 30, 2015
and inserting September 30, 2018
.
Five-year extension of Defense Production Act of 1950
Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by
striking September 30, 2014
and inserting September 30, 2019
.
Program fraud civil remedies statute for the Department of Defense and the National Aeronautics and Space Administration
Purpose
The purpose of this section is to provide the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration with an effective administrative remedy to obtain recompense for the Department of Defense and the National Aeronautics and Space Administration for losses resulting from the submission to the Department or the Administration, respectively, of false, fictitious, or fraudulent claims and statements.
Program fraud civil remedies
In general
Chapter IV of subtitle A of title 10, United States Code, is amended by inserting after chapter 163 the following new chapter:
Administrative remedies for false claims and statements
Sec.
2751. Applicability of chapter; definitions.
2752. False claims and statements; liability.
2753. Hearing and determinations.
2754. Payment; interest on late payments.
2755. Judicial review.
2756. Collection of civil penalties and assessments.
2757. Right to administrative offset.
2758. Limitations.
2759. Effect on other laws.
Applicability of chapter; definitions
Applicability of chapter
This chapter applies to the following agencies:
The Department of Defense.
The National Aeronautics and Space Administration.
Definitions
In this chapter:
Head of an agency
The term head of an agency
means the Secretary of Defense and the Administrator of the National Aeronautics and Space
Administration.
Claim
The term claim
means any request, demand, or submission—
made to the head of an agency for property, services, or money (including money representing grants, loans, insurance, or benefits);
made to a recipient of property, services, or money received directly or indirectly from the head of an agency or to a party to a contract with the head of an agency—
for property or services if the United States—
provided such property or services;
provided any portion of the funds for the purchase of such property or services; or
will reimburse such recipient or party for the purchase of such property or services; or
for the payment of money (including money representing grants, loans, insurance, or benefits) if the United States—
provided any portion of the money requested or demanded; or
will reimburse such recipient or party for any portion of the money paid on such request or demand; or
made to the head of an agency which has the effect of decreasing an obligation to pay or account for property, services, or money.
Knows or has reason to know
The term knows or has reason to know
, for purposes of establishing liability under section 2752 of this title, means that a person,
with respect to a claim or statement—
has actual knowledge that the claim or statement is false, fictitious, or fraudulent;
acts in deliberate ignorance of the truth or falsity of the claim or statement; or
acts in reckless disregard of the truth or falsity of the claim or statement, and no proof of specific intent to defraud is required.
Responsible official
The term responsible official
means a designated debarring and suspending official of the agency named in subsection (a).
Respondent
The term respondent
means a person who has received notice from a responsible official asserting liability under
section 2752 of this title.
Statement
The term statement
means any representation, certification, affirmation, document, record, or an accounting or
bookkeeping entry made—
with respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or
with respect to (including relating to eligibility for)—
a contract with, or a bid or proposal for a contract with the head of an agency; or
a grant, loan, or benefit from the head of an agency.
Claims
For purposes of paragraph (2) of subsection (b)—
each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim;
each claim for property, services, or money is subject to this chapter regardless of whether such property, services, or money is actually delivered or paid; and
a claim shall be considered made, presented, or submitted to the head of an agency, recipient, or party when such claim is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of such authority, recipient, or party.
Statements
For purposes of paragraph (6) of subsection (b)—
each written representation, certification, or affirmation constitutes a separate statement; and
a statement shall be considered made, presented, or submitted to the head of an agency when such statement is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of such authority.
False claims and statements; liability
False claims
Any person who makes, presents, or submits, or causes to be made, presented, or submitted, to the head of an agency a claim that the person knows or has reason to know—
is false, fictitious, or fraudulent;
includes or is supported by any written statement which asserts a material fact that is false, fictitious, or fraudulent;
includes or is supported by any written statement that—
omits a material fact;
is false, fictitious, or fraudulent as a result of such omission; and
the person making, presenting, or submitting such statement has a duty to include such material fact; or
is for payment for the provision of property or services which the person has not provided as claimed,
False statements
Any person who makes, presents, submits, or causes to be made, presented, or submitted, a written statement in conjunction with a procurement program or acquisition of an agency named in section 2751(a) of this title that—
the person knows or has reason to know—
asserts a material fact that is false, fictitious, or fraudulent; or
omits a material fact; and
is false, fictitious, or fraudulent as a result of such omission;
in the case of a statement described in subparagraph (B) of paragraph (1), is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; and
contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement,
Hearing and determinations
Transmittal of notice to Attorney General
If a responsible official determines that there is adequate evidence to believe that a person is liable under section 2752 of this title, the responsible official shall transmit to the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, a written notice of the intention of such official to initiate an action under this section. The notice shall include the following:
A statement of the reasons for initiating an action under this section.
A statement specifying the evidence which supports liability under section 2752 of this title.
A description of the claims or statements for which liability under section 2752 of this title is alleged.
An estimate of the penalties and assessments that will be demanded under section 2752 of this title.
A statement of any exculpatory or mitigating circumstances which may relate to such claims or statements.
Statement from Attorney General
Within 90 days after receipt of a notice from a responsible official under subsection (a), the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, shall transmit a written statement to the responsible official which specifies—
that the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, approves or disapproves initiating an action under this section based on the allegations of liability stated in such notice; and
in any case in which the initiation of an action under this section is disapproved, the reasons for such disapproval.
If at any time after the initiation of an action under this section the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, transmits to a responsible official a written determination that the continuation of any action under this section may adversely affect any pending or potential criminal or civil action, such action shall be immediately stayed and may be resumed only upon written authorization from the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General.
Limitation on amount of claim that may be pursued under this section
No action shall be initiated under this section, nor shall any assessment be imposed under this section, if the total amount of the claim determined by the responsible official to violate section 2752(a) of this title exceeds $500,000. The $500,000 threshold does not include penalties or any assessment permitted under 2752(a) of this title greater than the amount of the claim determined by the responsible official to violate such section.
Procedures for resolving claims
Upon receiving approval under subsection (b) to initiate an action under this section, the responsible official shall mail, by registered or certified mail, or other similar commercial means, or shall deliver, a notice to the person alleged to be liable under section 2752 of this title. Such notice shall specify the allegations of liability against such person, specify the total amount of penalties and assessments sought by the United States, advise the person of the opportunity to submit facts and arguments in opposition to the allegations set forth in the notice, advise the person of the opportunity to submit offers of settlement or proposals of adjustment, and advise the person of the procedures of the agency named in section 2751(a) of this title governing the resolution of actions initiated under this section.
Within 30 days after receiving a notice under paragraph (1), or any additional period of time granted by the responsible official, the respondent may submit in person, in writing, or through a representative, facts and arguments in opposition to the allegations set forth in the notice, including any additional information that raises a genuine dispute of material fact.
If the respondent fails to respond within 30 days, or any additional time granted by the responsible official, the responsible official may issue a written decision disposing of the matters raised in the notice. Such decision shall be based on the record before the responsible official. If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty and/or assessment to be imposed on the respondent. Any such determination shall be based on a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision.
If the respondent makes a timely submission, and the responsible official determines that the respondent has not raised any genuine dispute of material fact, the responsible official may issue a written decision disposing of the matters raised in the notice. Such decision shall be based on the record before the responsible official. If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty or assessment to be imposed on the respondent. Any such determination shall be based on a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision.
If the respondent makes a timely submission, and the responsible official determines that the respondent has raised a genuine dispute of material fact, the responsible official shall commence a hearing to resolve the genuinely disputed material facts by mailing by registered or certified mail, or other similar commercial means, or by hand delivery of, a notice informing the respondent of—
the time, place, and nature of the hearing;
the legal authority under which the hearing is to be held;
the material facts determined by the responsible official to be genuinely in dispute that will be the subject of the hearing; and
a description of the procedures for the conduct of the hearing.
The responsible official and any person against whom liability is asserted under this chapter may agree to a compromise or settle an action at any time. Any compromise or settlement must be in writing.
Respondent entitled to copy of the record
At any time after receiving a notice under paragraph (1) of subsection (d), the respondent shall be entitled to a copy of the entire record before the responsible official.
Hearings
Any hearing commenced under this section shall be conducted by the responsible official, or a fact-finder designated by the responsible official, solely to resolve genuinely disputed material facts identified by the responsible official and set forth in the notice to the respondent.
Procedures for hearings
Each hearing shall be conducted under procedures prescribed by the head of the agency. Such procedures shall include the following:
The provision of written notice of the hearing to the respondent, including written notice of—
the time, place, and nature of the hearing;
the legal authority under which the hearing is to be held;
the material facts determined by the responsible official to be genuinely in dispute that will be the subject of the hearing; and
a description of the procedures for the conduct of the hearing.
The opportunity for the respondent to present facts and arguments through oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required to resolve any genuinely disputed material facts identified by the responsible official.
The opportunity for the respondent to be accompanied, represented, and advised by counsel or such other qualified representative as the Secretary may specify in such regulations.
For the purpose of conducting hearings under this section, the responsible official is authorized to administer oaths or affirmations.
Hearings shall be held at the responsible official's office, or at such other place as may be agreed upon by the respondent and the responsible official.
Decision following hearing
The responsible official shall issue a written decision within 60 days after the conclusion of the hearing. That decision shall set forth specific findings of fact resolving the genuinely disputed material facts that were the subject of the hearing. The written decision shall also dispose of the matters raised in the notice required under paragraph (1) of subsection (d). If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty or assessment to be imposed on the respondent. Any decisions issued under this subparagraph shall be based on the record before the responsible official and shall be supported by a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision.
Payment; interest on late payments
Payment of assessments and penalties
A respondent shall render payment of any assessment and penalty imposed by a responsible official, or any amount otherwise agreed to as part of a settlement or adjustment, not later than the date—
that is 30 days after the date of the receipt by the respondent of the responsible official's decision; or
as otherwise agreed to by the respondent and the responsible official.
Interest
If there is an unpaid balance as of the date determined under paragraph (1), interest shall accrue from that date on any unpaid balance. The rate of interest charged shall be the rate in effect as of that date that is published by the Secretary of the Treasury under section 3717 of title 31.
Treatment of receipts
All penalties, assessments, or interest paid, collected, or otherwise recovered under this chapter shall be deposited into the Treasury as miscellaneous receipts as provided in section 3302 of title 31.
Judicial review
A decision by a responsible official under section 2753(d) or 2753(h) of this title shall be final. Any such final decision is subject to judicial review only under chapter 7 of title 5.
Collection of civil penalties and assessments
Judicial enforcement of civil penalties and assessments
The Attorney General shall be responsible for judicial enforcement of any civil penalty or assessment imposed under this chapter.
Civil actions for recovery
Any penalty or assessment imposed in a decision by a responsible official, or amounts otherwise agreed to as part of a settlement or adjustment, along with any accrued interest, may be recovered in a civil action brought by the Attorney General. In any such action, no matter that was raised or that could have been raised in a proceeding under this chapter or pursuant to judicial review under section 2755 of this title may be raised as a defense, and the determination of liability and the determination of amounts of penalties and assessments shall not be subject to review.
Jurisdiction of United States District Courts
The district courts of the United States shall have jurisdiction of any action commenced by the United States under subsection (b).
Joining and consolidating actions
Any action under subsection (b) may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-claim, or setoff by the United States in any other civil action which includes as parties the United States, and the person against whom such action may be brought.
Jurisdiction of United States Court of Federal Claims
The United States Court of Federal Claims shall have jurisdiction of any action under subsection (b) to recover any penalty or assessment, or amounts otherwise agreed to as part of a settlement or adjustment, along with any accrued interest, if the cause of action is asserted by the United States as a counterclaim in a matter pending in such court. The counterclaim need not relate to the subject matter of the underlying claim.
Right to administrative offset
The amount of any penalty or assessment that has been imposed by a responsible official, or any amount agreed upon in a settlement or compromise, along with any accrued interest, may be collected by administrative offset.
Limitations
Limitation on period for initiation of administrative action
An action under section 2752 of this title with respect to a claim or statement shall be commenced within six years after the date on which such claim or statement is made, presented, or submitted.
Limitation period for initiation of civil action for recovery of administrative penalty or assessment
A civil action to recover a penalty or assessment under section 2756 of this title shall be commenced within three years after the date of the decision of the responsible official imposing the penalty or assessment.
Effect on other laws
Relationship to title 44 authorities
This chapter does not diminish the responsibility of the head of an agency to comply with the provisions of chapter 35 of title 44, relating to coordination of Federal information policy.
Relationship to title 31 authorities
The procedures set forth in this chapter apply to the agencies named in section 2751(a) of this title in lieu of the procedures under chapter 38 of title 31, relating to administrative remedies for false claims and statements.
Relationship to other authorities
Any action, inaction, or decision under this chapter shall be based solely upon the information before the responsible official and shall not limit or restrict any agency of the Government from instituting any other action arising outside this chapter, including suspension or debarment, based upon the same information. Any action, inaction or decision under this chapter shall not restrict the ability of the Attorney General to bring judicial action, based upon the same information as long as such action is not otherwise prohibited by law.
.
Clerical amendment
The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, of such title are each amended by inserting after the item relating to chapter 163 the following new item:
.
Conforming amendments
Section 3801(a)(1) of title 31, United States Code, is amended—
by inserting (other than the Department of Defense)
in subparagraph (A) after executive department
;
by striking subparagraph (B);
by redesignating subparagraph (C) as subparagraph (B) and by inserting (other than the National Aeronautics and Space Administration)
in that subparagraph after not an executive department
; and
by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E), respectively.
Effective date
Chapter 164 of title 10, United States Code, as added by subsection (b), and the amendments made by subsection (c), shall apply to any claim or statement made, presented, or submitted on or after the date of the enactment of this Act.
Permanent authority for use of simplified acquisition procedures for certain commercial items
Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public Law 104–106; 10 U.S.C. 2304 note) is amended by striking subsection (e).
Amendments to general contract authorities, procedures, and limitations
Authority for Defense Contract Audit Agency to interview contractor employees in connection with examination of contractor records
Authority
Subsection (a)(1) of section 2313 of title 10, United States Code, is amended by inserting , interview employees,
after is authorized to inspect the plant
.
Applicability
The amendment made by subsection (a) shall apply with respect to contracts entered into after the effective date of a revision to the Federal Acquisition Regulation to implement the amendment.
Extension to United States transportation command of authorities relating to prohibition on contracting with the enemy
Section 831(i)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law
113–66; 127 Stat. 813) is amended by inserting United States Transportation Command,
after United States Southern Command,
.
Recharacterization of changes to major automated information system programs
Addition to covered determination of a significant change
Subsection (c)(2) of section 2445c of title 10, United States Code, is amended—
by striking or
at the end of subparagraph (B);
by striking the period at the end of subparagraph (C) and inserting ; or
; and
by adding at the end the following new subparagraph:
the automated information system or information technology investment failed to achieve a full deployment decision within five years after the Milestone A decision for the program or, if there was no Milestone A decision, the date when the preferred alternative is selected for the program (excluding any time during which program activity is delayed as a result of a bid protest).
.
Removal of covered determination of a critical change
Subsection (d)(3) of such section is amended—
by striking subparagraph (A); and
by redesignating subparagraphs (B), (C), and (D) as subparagraph (A), (B), and (C), respectively.
Extension of special emergency procurement authority
Section 1903(a) of title 41, United States Code, is amended—
by striking or
at the end of paragraph (1);
by striking the period at the end of paragraph (2) and inserting a semicolon; and
by adding at the end the following new paragraphs:
in support of a request from the Department of State or the United States Agency for International Development to facilitate the provision of humanitarian assistance, international disaster assistance, or other crisis-related assistance pursuant to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); or
in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).
.
Extension of contract authority for advanced component development or prototype units
Extension of termination
Subsection (b)(4) of section 819 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111–84; 10 U.S.C. 2302 note) is amended by striking September 30, 2014
and inserting September 30, 2019
.
Extension of report requirement
Subsection (c) of such section is amended by striking March 30, 2013
and inserting March 30, 2018
.
Exception to requirement to include cost or price to the Government as a factor in the evaluation of proposals for certain task or delivery order contracts
Contracting under title 41, United States Code
Section 3306(c) of title 41, United States Code, is amended—
in paragraph (1), by inserting except as provided in paragraph (3),
in subparagraphs (B) and (C) after the subparagraph designation; and
by adding at the end the following new paragraphs:
Exceptions for certain indefinite delivery, indefinite quantity contracts
If the head of an agency issues a solicitation for multiple task or delivery order contracts under section 4103(d) of this title for the same or similar services and intends to make a contract award to each qualifying offeror—
cost or price to the Federal Government need not, at the Government’s discretion, be considered under subparagraph (B) of paragraph (1) as an evaluation factor for the contract award; and
if, pursuant to subparagraph (A), cost or price to the Federal Government is not considered as an evaluation factor for the contract award—
the disclosure requirement of subparagraph (C) of paragraph (1) shall not apply; and
cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to section 4106(c) of this title of a task or delivery order under any contract resulting from the solicitation.
Qualifying offeror defined
In paragraph (3), the term ‘qualifying offeror’ means an offeror that—
is determined to be a responsible source;
submits a proposal that conforms to the requirements of the solicitation; and
the contracting officer has no reason to believe would likely offer other than fair and reasonable pricing.
.
Contracting under title 10, United States Code
Section 2305(a)(3) of title 10, United States Code, is amended—
in subparagraph (A), by inserting (except as provided in subparagraph (C))
in clauses (ii) and (iii) after shall
; and
by adding at the end the following new subparagraphs:
If the head of an agency issues a solicitation for multiple task or delivery order contracts under section 2304a(d)(1)(B) of this title for the same or similar services and intends to make a contract award to each qualifying offeror—
cost or price to the Federal Government need not, at the Government’s discretion, be considered under clause (ii) of subparagraph (A) as an evaluation factor for the contract award; and
if, pursuant to clause (i), cost or price to the Federal Government is not considered as an evaluation factor for the contract award—
the disclosure requirement of clause (iii) of subparagraph (A) shall not apply; and
cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to section 2304c(b) of this title of a task or delivery order under any contract resulting from the solicitation.
In subparagraph (C), the term qualifying offeror
means an offeror that—
is determined to be a responsible source;
submits a proposal that conforms to the requirements of the solicitation; and
the contracting officer has no reason to believe would likely offer other than fair and reasonable pricing.
.
Authority for waiver of competitive prototyping requirement for major defense acquisition programs in case of programs with no risk reduction phase activities
Waiver authority
Subsection (a) of section 203 of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23; 10 U.S.C. 2430 note) is amended—
in paragraph (2)—
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and
by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A):
on the basis that there are no risk reduction phase activities;
; and
in paragraph (3), by inserting other than on the basis that there are no risk reduction phase activities,
in the matter preceding subparagraph (A) after pursuant to paragraph (2),
.
Conforming cross-Reference amendment
Subsection (b)(1) of such section is amended by striking paragraph (2)
and inserting paragraph (2)(B)
.
Repeal of obsolete references
Subsection (a) of such section is further amended by striking (or Key Decision Point B approval in the case of a space program)
in paragraphs (1) and (3)(A).
Technical amendments
Such subsection is further amended in the matter preceding paragraph (1)—
by striking Not later than 90 days after the date of the enactment of this Act, the
and inserting The
; and
by striking modify
and inserting provide for
.
Extension of authority for additional access to contractor and subcontractor records in a contingency operation
Extension of authority to additional regional combatant commands
Section 842 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1513; 10 U.S.C. 2313 note) is amended—
in subsection (a)(3), by striking Commander of the United States Central Command
and inserting commander of the covered combatant command concerned
; and
in subsection (c)—
, striking the United States Central Command theater of operations
in paragraph (2) and inserting the theater of operations of a covered combatant command
; and
by adding at the end the following new paragraph:
The term covered combatant command
means the following:
The United States Central Command.
The United States European Command.
The United States Southern Command.
The United States Pacific Command.
The United States Africa Command.
The United States Northern Command.
.
Reduction in amount of covered contracts, agreements, etc
Subsections (a)(4) and (c)(2) of such section are amended by striking $100,000
and inserting $50,000
.
Clarification of geographic applicability
Subsection (c)(2) of such section is further amended by inserting outside the United States (including its territories and possessions) and
after that will be performed
.
Extension of sunset date
Subsection (d) of such section is amended by striking the date that is three years after the date of the enactment of this Act
and inserting December 31, 2018
.
Applicability
Subsection (a) of such section is further amended—
by striking Not later than 30 days after the date of the enactment of this Act, the
and inserting The
;
by striking revise
and inserting require through
;
by striking to require
and all that follows through (A) the clause
and inserting that the clause
; and
by striking that is awarded on
and all that follows in such subsection and inserting a period.
Conforming amendment
The heading of such section is amended to read as follows:
Additional access to contractor and subcontractor records in a contingency operation
.
Modification of limitations on procurement of photovoltaic devices by the Department of Defense
Subsection (b)(1) of section 846 of the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111–383; 124 Stat. 4285; 10 U.S.C. 2534 note) is
amended by striking and
at the end and inserting or
.
Department of Defense organization and management
Implementation of the December 2013 Secretary of Defense plan for reorganization of the Office of the Secretary of Defense and implementation of the elimination of Deputy Under Secretary of Defense positions
Redesignation of Assistant Secretary of Defense for Operational Energy Plans and Programs To reflect merger with Deputy Under Secretary of Defense for Installations and Environment; clarification of policy and responsibilities
Redesignation of position
Paragraph (9) of subsection 138(b) of title 10, United States Code, is amended to read as follows:
One of the Assistant Secretaries is the Assistant Secretary of Defense for Installations, Energy, and Environment. The Assistant Secretary is the principal advisor to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters relating to installations, energy, and environment.
.
Transfer of policy provisions
Chapter 173 of such title is amended—
by adding at the end the following new section:
Operational energy activities
;
by transferring paragraph (3) of section 138c(c) of such title to section 2926, as added by subparagraph (A), inserting such paragraph after the section heading, and redesignated such paragraph as subsection (a);
in subsection (a) (as so inserted and redesignated)—
By inserting alternative fuel activities.—
before The Assistant Secretary
;
by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively; and
in paragraph (5) (as so redesignated), by striking subsection (e)(4)
and inserting subsection (c)(4)
;
by transferring subsections (d), (e), and (f) of section 138c of such title to section 2926, as added by subparagraph (A), inserting those subsections after subsection (a) (as transferred and redesignated by subparagraph (B)), and redesignating those subsections as subsections (b), (c), and (d), respectively;
in subsections (a), (b), (c), and (d) of section 2926 (as transferred and redesignated by
subparagraphs (B) and (D)), by inserting of Defense for Installations, Energy, and Environment
after Assistant Secretary
the first place it appears in each such subsection; and
in subsection (b) of section 2926 (as transferred and redesignated by subparagraph (D)), by
striking provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense,
the Secretaries of the military departments,
and inserting make recommendations to the Secretary of Defense and Deputy Secretary of Defense and provide
guidance to the Secretaries of the military departments
.
Repeal of former provision
Sections 138c of such title is repealed.
Deputy chief management officer
Subsection (b) of section 132a of such title is amended to read as follows:
Responsibilities
Subject to the authority, direction, and control of the Secretary of Defense, the Deputy Chief Management Officer shall perform such duties and exercise such powers as the Secretary may prescribe. The Deputy Chief Management Officer shall—
assist the Deputy Secretary of Defense in the Deputy Secretary’s capacity as Chief Management Officer of the Department of Defense under section 132(c) of this title and perform those duties assigned by the Secretary of Defense or delegated by the Deputy Secretary pursuant to section 904(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 132 note);
assist the Deputy Secretary of Defense in the Deputy Secretary’s capacity as the Chief Operating Officer of the Department of Defense under section 1123 of title 31;
establish policies for the strategic management and integration of the Department of Defense business operations and activities;
have the responsibilities specified for the Deputy Chief Management Officer for the purposes of section 2222 of this title; and
be the Performance Improvement Officer of the Department of Defense for the purposes of section 1124(a)(1) of title 31.
.
Chief Information Officer of the Department of Defense
Statutory establishment of position
Chapter 4 of such title is further amended by inserting after section 141 the following new section:
Chief Information Officer
There is a Chief Information Officer of the Department of Defense.
The Chief Information Officer of the Department of Defense—
is the Chief Information Officer of the Department of Defense for the purposes of sections 3506(a)(2) and 3544(a)(3) of title 44;
has the responsibilities and duties specified in section 11315 of title 40; and
has the responsibilities specified for the Chief Information Officer in sections 2222, 2223(a), and 2224 of this title.
The Chief Information Officer shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe.
The Chief Information Officer takes precedence in the Department of Defense with the officials serving in positions specified in section 131(b)(4) of this title. The officials serving in positions specified in section 131(b)(4) and the Chief Information Officer of the Department of Defense take precedence among themselves in the order prescribed by the Secretary of Defense.
.
Placement in the Office of the Secretary of Defense
Section 131(b) of such title is amended—
by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and
by inserting after paragraph (4) the following new paragraph (5):
The Chief Information Officer of the Department of Defense.
.
Repeal of requirement for Defense Business System Management Committee
Section 186 of title 10, United States Code, is repealed.
Assignment of responsibility for defense business systems
Section 2222 of such title is amended—
in subsection (a)—
by inserting and
at the end of paragraph (1);
by striking ; and
at the end of paragraph (2) and inserting a period; and
by striking paragraph (3);
in subsection (c)(1), by striking Defense Business Systems Management Committee
and inserting investment review board established under subsection (g)
; and
in subsection (g)—
in paragraph (1), by striking , not later than March 15, 2012,
;
in paragraph (2)(C), by striking each
the first place it appears and inserting the
; and
in paragraph (2)(F), by striking and the Defense Business Systems Management Committee, as required by section 186(c) of this title,
.
Deadline for establishment of investment review board and investment management process
The investment review board and investment management process required by section 2222(g) of title 10, United States Code, as amended by subsection (e)(5), shall be established not later than March 15, 2015.
Elimination and integration of separate statutory sections for certain prescribed assistant secretary of defense positions
Chapter 4 of title 10, United States Code, is further amended as follows:
Assistant Secretary of Defense for Logistics and Materiel Readiness
Paragraph (7) of section 138(b) is amended—
by inserting after Readiness
in the first sentence the following: who shall be appointed from among persons with an extensive background in the sustainment of major
weapons systems and combat support equipment
;
by striking the second sentence;
by transferring to the end of that paragraph (as amended by subparagraph (B)) the text of subsection (b) of section 138a of such title;
by transferring to the end of that paragraph (as amended by subparagraph (C)) the text of subsection (c) of section 138a of such title; and
by redesignating paragraphs (1) through (3) in the text transferred by subparagraph (C) of this paragraph as subparagraphs (A) through (C), respectively.
Assistant Secretary of Defense for Research and Engineering
Paragraph (8) of such section is amended—
by striking the second sentence and inserting the text of subsection (a) of section 138b;
by inserting after the text added by subparagraph (A) of this paragraph the following: The Assistant Secretary, in consultation with the Deputy Assistant Secretary of Defense for
Developmental Test and Evaluation, shall—
;
by transferring paragraphs (1) and (2) of subsection (b) of section 138b to the end of that paragraph (as amended by subparagraphs (A) and (B)), indenting those paragraphs 2 ems from the left margin, and redesignating those paragraphs as subparagraphs (A) and (B), respectively;
in subparagraph (A) (as so transferred and redesignated)—
by striking The Assistant Secretary
and all that follows through Test and Evaluation, shall
; and
by striking the period at the end and inserting ; and
; and
in subparagraph (B) (as so transferred and redesignated), by striking The Assistant Secretary
and all that follows through Test and Evaluation, shall
.
Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs
Paragraph (10) of such section is amended—
by striking the second sentence and inserting the text of subsection (b) of section 138d; and
by inserting after the text added by subparagraph (A) of this paragraph the text of subsection (a) of such section and in that text as so inserted—
by striking of Defense for Nuclear, Chemical, and Biological Defense Programs
; and
by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively.
Repeal of separate sections
Sections 138a, 138b, and 138d are repealed.
Codification of restrictions on use of the Deputy Under Secretary of Defense title
Codification
Section 137a(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
The officials authorized under this section shall be the only Deputy Under Secretaries of Defense.
.
Conforming repeal
Section 906(a)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2426; 10 U.S.C. 137a note) is repealed.
Conforming amendment for the Vacancy Reform Act of 1998
Section 137a(b) of title 10, United States Code, is amended by striking is absent or disabled
and inserting dies, resigns, or is otherwise unable to perform the functions and duties of the office
.
Clarification of order of precedence for the principal Deputy Under Secretaries of Defense and the Assistant Secretaries of Defense
Subsection (d) of section 137a of title 10, United States Code, is amended by striking and the Deputy Chief Management Officer of the Department of Defense
and inserting the Deputy Chief Management Officer of the Department of Defense, and the officials serving in the
positions specified in section 131(b)(4) of this title and the Chief
Information Officer of the Department of Defense
.
Subsection (d) of section 138 of such title is amended by inserting and the Chief Information Officer of the Department of Defense
after section 131(b)(4) of this title
.
Conforming amendment to prior reduction in the number of Assistant Secretaries of Defense
Section 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of Defense (16)
and inserting Assistant Secretaries of Defense (14)
.
Clerical and conforming amendments
Title 10, United States Code, is amended as follows:
The table of sections at the beginning of chapter 4 is amended—
by striking the items relating to sections 138a, 138b, 138c, and 138d; and
by inserting after the item relating to section 141 the following new item:
142. Chief Information Officer.
.
Section 131(b)(8), as redesignated by subsection (c)(2)(A), is amended—
by redesignating subparagraphs (A) through (H) as subparagraphs (B) through (I), respectively; and
by inserting before subparagraph (B), as redesignated by subparagraph (A) of this paragraph, the following new subparagraph (A):
The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under section 139a(c) of this title.
.
Section 132(b) is amended by striking is disabled or there is no Secretary of Defense
and inserting dies, resigns, or is otherwise unable to perform the functions and duties of the office
.
The table of sections at the beginning of chapter 7 is amended by striking the item relating to section 186.
The table of sections at the beginning of subchapter III of chapter 173 is amended by adding at the end the following new item:
2926. Operational energy activities.
.
Section 2925(b) is amended by striking Operational Energy Plans and Programs
and inserting Installations, Energy, and Environment
.
References in other laws, etc
Any reference in any provision or law other than title 10, United States Code, or in any rule, regulation, or other paper of the United States, to the Assistant Secretary of Defense for Operational Energy Plans and Programs or to the Deputy Under Secretary of Defense for Installations and Environment shall be treated as referring to the Assistant Secretary of Defense for Installations, Energy, and Environment.
Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities
Permanent authority
Section 431(a) of title 10, United States Code, is amended by striking the last sentence.
Period for required audits
Section 432(b)(2) of such title is amended by striking annually
in the first sentence and inserting biennially
.
Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad
Section 926 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1541) is amended by striking subsection (b).
One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies
Section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 184 note) is amended—
in paragraph (1), by striking through 2014
and inserting through 2015
; and
by striking paragraphs (2) and (3).
One-year extension of authorization for non-conventional assisted recovery capabilities
Extension
Subsection (h) of section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4579), as most recently amended
by section 1241 of the National Defense Authorization Act for Fiscal Year
2014 (Public Law 113–66; 127 Stat. 920), is further amended by striking 2015
and inserting 2016
.
Cross-Reference amendment
Subsection (f) of such section is amended by striking 413b(e)
and inserting 3093(e)
.
Authority for Secretary of Defense to engage in commercial activities as security for military operations abroad
Authority To engage in commercial activities as security for military operations
Subsection (a) of section 431 of title 10, United States Code, is amended by inserting and military operations
after intelligence collection activities
.
Congressional committee references
Definitions
Subsection (c) of such section is amended by adding at the end the following new paragraphs:
The term congressional intelligence committees
has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
The term appropriate congressional committees
means—
with respect to a matter that pertains to a commercial activity undertaken under this subchapter to provide security for intelligence collection activities, the congressional defense committees and the congressional intelligence committees; and
with respect to a matter that pertains to a commercial activity undertaken under this subchapter to provide security for military operations, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
.
Conforming amendment
Section 437 of such title is amended by striking subsection (c).
Reporting of audits
The second sentence of section 432(b)(2) of such title is amended to read as follows: The results of any such audit shall be promptly reported to the appropriate congressional
committees.
.
Authority To waive other Federal laws when necessary To maintain security
Section 433(b)(1) of such title is amended by inserting or military operation
after intelligence activity
.
Limitations
Section 435 of such title is amended—
in subsection (a), by inserting or military operation
after intelligence activity
; and
in subsection (b), by inserting or military operations
after intelligence activities
.
Congressional oversight
Section 437 of such title is amended by striking congressional defense committees and the congressional intelligence committees
in subsections (a) and (b) and inserting appropriate congressional committees
.
Clerical amendments
Subchapter heading
The heading of subchapter II of chapter 21 of such title is amended to read as follows:
Defense commercial activities
.
The item relating to that subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows:
.
Section heading
The heading of section 431 of such title is amended to read as follows:
Authority to engage in commercial activities as security for intelligence collection activities and military operations
.
The item relating to that section in the table of sections at the beginning of subchapter II of chapter 21 of such title is amended to read as follows:
431. Authority to engage in commercial activities as security for intelligence collection activities and military operations.
.
Statutory streamlining to enable Defense Commissary Agency to become partially self-sustaining
Competition requirements for contracts
Section 2304(c)(5) of title 10, United States Code, is amended by striking brand-name
.
Purpose of the commissary system
Section 2481 of such title is amended—
in subsection (a), by striking , at reduced prices,
;
in subsection (b)—
by inserting each
before intended
; and
by inserting and provide access to products for
after life of
; and
by striking subsection (d).
Criteria for establishment or closure of commissary stores
Criteria for establishment
Subsection (a) of section 2482 of such title is amended—
by inserting (1)
after Establishment.—
;
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
in subparagraph (A), as so redesignated, by inserting outside the United States
after commissary store
; and
by adding at the end the following new paragraph:
The feasibility of cost recovery shall be the primary consideration whenever the Secretary of Defense—
assesses the need to establish a commissary store in the United States; and
selects the actual location for the store.
.
Criteria for closure
Paragraph (1) of subsection (c) of such section is amended by striking Whenever assessing
and all that follows and inserting
Whenever the Secretary of Defense is assessing whether to close a commissary store, the following shall be primary considerations in such assessment:
The extent by which the operation of the commissary store is able to recover costs.
The effect of the closure on the quality of life of members of the armed forces on active duty and their dependents who use the store and on the welfare and security of the military community in which the commissary is located.
.
Financing of commissary system operating expenses and inventories
In general
Section 2483 of such title is amended to read as follows:
Commissary stores: use of defense working capital funds to cover operating expenses and to finance resale inventories
Operation of agency and system
Except as otherwise provided in this title, working capital funds established under section 2208 of this title shall be used to fund the operations and merchandise resale inventories of the defense commissary system. Those working capital funds shall be credited with such amounts as are appropriated for such purposes and with receipts described in subsections (c) and (d).
Operating expenses
Working capital funds established under section 2208 of this title shall be used to finance operating expenses of the defense commissary system and the acquisition of merchandise resale inventories. Operating expenses of the defense commissary system include the following:
Salaries and wages of employees of the United States, host nations, and contractors supporting commissary store operations.
Utilities.
Communications.
Operating supplies and services.
Second destination transportation costs as authorized by section 2643 of this title.
Any cost associated with above-store-level management or other indirect support of a commissary store or a central product processing facility, including equipment maintenance and information technology costs.
Funding of commissary operations
The defense commissary system shall be managed with the objectives of attaining—
uniform system-wide pricing; and
a proportional allocation of funding sources for operating expenses.
The Secretary of Defense shall seek to achieve the objective of attaining a proportional allocation of funding sources for operating expenses for the defense commissary system as follows:
The Secretary shall prepare an estimation of the portion of the total operating expenses for the defense commissary system that are allocable to operations overseas and at commissaries within the United States that are designated by the Secretary for appropriated fund support.
The portion of operating expenses estimated under subparagraph (A) shall be programmed to be financed through annual appropriations for defense working capital funds.
The estimation of the remaining portion of operating expenses for the defense commissary system shall be financed as described in paragraph (3) and shall be used to establish prices for commissary merchandise and services consistent with the objective of attaining uniform system-wide pricing.
The portion of operating expenses for the defense commissary system that are not financed from appropriations for defense working capital funds shall be financed from receipts from the following (and from the exercise of authority provided by section 2208 of this title):
The sale of products.
The sale of services.
Such other receipts generated from commissary activities, except for surcharge collections authorized by section 2484(e) of this title, as designated by the Secretary of Defense.
Funding of merchandise resale inventories
Prices established for resale merchandise shall include amounts sufficient to finance replenishment of inventories.
.
Clerical amendment
The item relating to such section in the table of sections at the beginning of subchapter I of chapter 147 of such title is amended to read as follows:
2483. Commissary stores: use of defense working capital funds to cover operating expenses and to finance resale inventories.
.
Merchandise and pricing
Section 2484 of such title is amended—
by striking subsection (f);
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;
by inserting after subsection (c) the following new subsection (d):
Fee for services
The Secretary of Defense may apply an additional user fee for services provided to commissary customers on orders of merchandise sold in commissary stores by electronic or mobile commerce methods commonly used in the retail supermarket sector.
;
in subsection (c)(3)—
in subparagraph (A), by striking subsections (d) and (e)
and inserting subsections (e) and (f)
; and
in subparagraph (B), by striking subsection (d)
and inserting subsection (e)
;
in subsection (e), as redesignated by paragraph (2), by striking subsection (e)
and inserting subsection (f)
;
by amending subsection (f), as redesignated by paragraph (2), to read as follows:
Sales price establishment
The Secretary of Defense shall establish the sales price of merchandise sold in, at, or by commissary stores in amounts sufficient to finance operating expenses as prescribed in section 2483(b) of this title and the replenishment of inventories.
;
in subsection (g)—
by striking subsections (d) and (e)
in paragraph (1) and inserting subsections (e) and (f)
; and
by striking subsection (d)
in paragraph (2) and inserting subsection (e)
; and
in subsection (h)—
by striking subsection (d)
each place it appears and inserting subsection (e)
; and
by striking paragraph (5).
Operation of commissaries
Operation by private persons
Subsection (a) of section 2485 of such title is amended to read as follows:
Operation by private persons
Authority
When patron savings can be improved, or operating costs reduced, the Secretary of Defense may contract with private persons to operate selected commissary store functions.
Limitation
The following functions may not be contracted for operation by a private person under paragraph (1):
Functions relating to the procurement of products to be sold in a commissary store, except for a full or substantially full product line acquired for resale from a wholesaler, distributor, or similar vendor.
Functions relating to the overall management of a commissary system or the management of a commissary store.
Performance of functions excluded from performance by private persons
Functions specified in paragraph (2) shall be carried out by personnel of the Department of Defense under regulations approved by the Secretary of Defense.
.
Contracts with other agencies and instrumentalities
Subsection (b) of such section is amended—
by striking (1)
before The Defense
;
by inserting goods or
after provide or obtain
;
by striking service provided by the United States Transportation Command
and inserting good or service provided by any entity of the United States in
; and
by striking paragraph (2).
Repeal of superceded provisions
Such section is further amended—
in subsection (g), by striking paragraphs (3), (4), and (5); and
in subsection (h), by striking paragraph (5).
Conforming cross-reference amendments
Paragraphs (3) and (4) of subsection (e) of such section are amended by striking section 2484(d)
and inserting section 2484(e)
.
Repeal of obsolete authority
In general
Section 2685 of such title is repealed.
Clerical amendment
The table of sections at the beginning of chapter 159 of such title is amended by striking the item relating to section 2685.
Overseas transportation
Section 2643(b) of such title is amended—
in the first sentence, by striking appropriated funds
and inserting defense working capital funds
; and
in the second sentence—
by striking also
; and
by inserting commissary and
after transporting
.
Supervision of commissary construction projects
Section 2851(b) of such title is amended by adding at the end the following new sentence: However, a project for the construction of a commissary store, a commissary central product
processing facility, or a shopping mall or similar facility for a
commissary store and one or more nonappropriated fund instrumentality
activities authorized under section 2484(h) of this title may be
accomplished under the direction and supervision of the Director of the
Defense Commissary Agency.
.
General provisions
Financial matters
Authority for use of amounts recovered for damage to Government property
Extension to personal property
The first sentence of section 2782 of title 10, United States Code, is amended by striking real property
both places it appears and inserting Government property
.
Availability of recovered funds
The second sentence of such section is amended—
by striking In such amounts as are provided in advance in appropriation Acts, amounts
and inserting Amounts
;
by inserting merged with, and
before available for use
;
by inserting and for the same period
after same purposes
; and
by inserting a comma after circumstances as
.
Clerical amendments
Section heading
The heading of such section is amended by striking real
and inserting Government
.
Table of sections
The item relating to such section in the table of sections at the beginning of chapter 165 of such title is amended to read as follows:
2782. Damage to Government property; disposition of amounts recovered.
.
Counter-Drug activities
Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia
Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2042), as most recently amended by section 1011 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 843), is further amended—
in subsection (a)(1), by striking In fiscal years 2005 through 2014,
and inserting During the period ending on December 31, 2017,
; and
in subsection (c), by striking in fiscal years 2005 through 2014
and inserting during the period ending on December 31, 2017,
.
Naval vessels and shipyards
Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning
Section 5942(a) of title 10, United States Code, is amended—
by inserting (1)
after (a)
; and
by adding at the end the following new paragraph:
Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that has been inactivated for the purpose of permanent decommissioning and disposal.
.
Ensuring operational readiness of littoral combat ships on extended deployments
Authority
Subsection (a) of section 7310 of title 10, United States Code, is amended—
by inserting under the jurisdiction of the Secretary of the Navy
in the subsection heading after Vessels
;
by striking A naval vessel
and inserting (1) Except as provided in paragraph (2), a naval vessel
; and
by adding at the end the following new paragraph:
Subject to subparagraph (B), in the case of a naval vessel that is classified as a Littoral Combat Ship and that is operating on deployment, corrective and preventive maintenance or repair (whether intermediate or depot level) and facilities maintenance may be performed on the vessel—
in a foreign shipyard;
at a facility outside of a foreign shipyard; or
at any other facility convenient to the vessel.
Corrective and preventive maintenance or repair may be performed on a vessel as described in subparagraph (A) only if the work is performed by United States Government personnel or United States contractor personnel.
Facilities maintenance may be performed by a foreign contractor on a vessel as described in subparagraph (A) only as approved by the Secretary of the Navy.
.
Definitions
Such section is further amended by adding at the end the following new subsection:
Definitions
In this section:
The term corrective and preventive maintenance or repair
means—
maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and
scheduled maintenance or repair actions intended to prevent or discover functional failures, including scheduled periodic maintenance requirements and integrated class maintenance plan tasks that are time-directed maintenance actions.
The term facilities maintenance
means—
preservation or corrosion control efforts, encompassing surface preparation and preservation of the structural facility to minimize effects of corrosion; and
cleaning services, encompassing—
light surface cleaning of ship structures and compartments; and
deep cleaning of bilges to remove dirt, oily waste, and other foreign matter.
.
Clerical amendments
Section heading
The heading of such section is amended to read as follows:
Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions
.
Table of sections
The table of sections at the beginning of chapter 633 of such title is amended by striking the item relating to section 7310 and inserting the following:
7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions.
.
Authority for limited coastwise trade for certain vessels providing transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy
In general
Chapter 645 of title 10, United States Code, is amended by adding at the end the following new section:
Limited coastwise trade
Definition
In his section, the term contractor-owned vessel
means a dry dock, a tugboat, or a towing vessel that—
was built in the United States;
is owned or operated by an individual or entity that—
is under contract with the Navy to construct, maintain, or repair a vessel of the Navy; and
in conjunction with such contract, is operating under a special security agreement with the Secretary of Defense;
is used, pursuant to such contract, to construct, maintain, or repair a vessel of the Navy; and
is manned by United States citizens.
In general
A contractor-owned vessel may, at the direction of the Secretary of the Navy, engage in coastwise trade for the exclusive purpose of performing a contract with the Navy to construct, maintain, or repair a vessel of the Navy, and any law pertaining to coastwise trade shall not apply to such vessel, the owner or operator of such vessel, or the operation of such vessel.
Notice
The Secretary of the Navy shall provide notice to the Secretary of Homeland Security if a contractor-owned vessel is authorized, pursuant to this section, to engage in coastwise trade.
Limitation
An authorization to engage in coastwise trade pursuant to this section shall be non-transferrable and shall expire—
on the date of the sale of the contractor-owned vessel;
on the date of the contract with the Navy to construct, maintain, or repair a vessel of the Navy expires or that the Secretary of the Navy terminates such contract; or
in the event that the Secretary of Defense terminates the special security agreement with the contractor that owns the vessel.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
7525. Limited coastwise trade.
.
Sexual assault prevention and response related reforms
Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the defense incident-based reporting system
Section 543(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1562 note) is amended—
by striking paragraph (1); and
by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively.
Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings
Section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1435; 10 U.S.C. 1561 note) is amended by adding at the end the following new subsection:
Return of personal property upon completion of related proceedings
Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the armed forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident.
.
Other matters
Technical and clerical amendments
Amendment to National Defense Authorization Act for Fiscal Year 2013
Effective as of January 2, 2013, and as if included therein as enacted, section 604(b)(1) of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1774) is amended by striking the National Defense Authorization Act for Fiscal Year 2013
and inserting this Act
.
Amendments to title 10, United States Code, To reflect enactment of title 41, United States Code
Title 10, United States Code, is amended as follows:
Section 2013(a)(1) is amended by striking section 6101(b)–(d) of title 41
and inserting section 6101 of title 41
.
Section 2302 is amended—
in paragraph (7), by striking section 4 of such Act
and inserting such section
; and
in paragraph (9)(A)—
by striking section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422)
and inserting chapter 15 of title 41
; and
by striking such section
and inserting such chapter
.
Section 2306a(b)(3)(B) is amended by striking section 4(12)(C)(i) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(C)(i))
and inserting section 103(3)(A) of title 41
.
Section 2314 is amended by striking Sections 6101(b)–(d)
and inserting Sections 6101
.
Section 2321(f)(2) is amended by striking section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))
and inserting section 104 of title 41
.
Section 2359b(k)(4)(A) is amended by striking section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)
and inserting section 110 of title 41
.
Section 2379 is amended—
in subsections (a)(1)(A), (b)(2)(A), and (c)(1)(B)(i), by striking section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))
and inserting section 103 of title 41
; and
in subsections (b) and (c)(1), by striking section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))
and inserting section 104 of title 41
.
Section 2410m(b)(1) is amended—
in subparagraph (A)(i), by striking section 7 of such Act
and inserting section 7104(a) of such title
; and
in subparagraph (B)(ii), by striking section 7 of the Contract Disputes Act of 1978
and inserting section 7104(a) of title 41
.
Section 2533(a) is amended by striking such Act
in the matter preceding paragraph (1) and inserting chapter 83 of such title
.
Section 2533b is amended—
in subsection (h)—
in paragraph (1), by striking sections 34 and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431)
and inserting sections 1906 and 1907 of title 41
; and
in paragraph (2), by striking section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))
and inserting section 104 of title 41
; and
in subsection (m)—
in paragraph (2), by striking section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)
and inserting section 105 of title 41
;
in paragraph (3), by striking section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)
and inserting section 131 of title 41
; and
in paragraph (5), by striking section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))
and inserting section 104 of title 41
.
Section 2545(1) is amended by striking section 4(16) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(16))
and inserting section 131 of title 41
.
Section 7312(f) is amended by striking Section 3709 of the Revised Statutes (41 U.S.C. 5)
and inserting Section 6101 of title 41
.
Amendments to other defense-Related statutes To reflect enactment of title 41, United States Code
The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383) is amended as follows:
Section 846(a) (10 U.S.C. 2534 note) is amended—
by striking the Buy American Act (41 U.S.C. 10a et seq.)
and inserting chapter 83 of title 41, United States Code
; and
by striking that Act
and inserting that chapter
.
Section 866 (10 U.S.C. 2302 note) is amended—
in subsection (b)(4)(A), by striking section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422)
and inserting chapter 15 of title 41, United States Code
; and
in subsection (e)(2)(A), by striking section 4(13) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(13))
and inserting section 110 of title 41, United States Code
.
Section 893(f)(2) (10 U.S.C. 2302 note) is amended by striking section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422)
and inserting chapter 15 of title 41, United States Code
.
The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended as follows:
Section 805(c)(1) (10 U.S.C. 2330 note) is amended—
in subparagraph (A), by striking section 4(12)(E) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(E))
and inserting section 103(5) of title 41, United States Code
; and
in subparagraph (C)(i), by striking section 4(12)(F) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(F))
and inserting section 103(6) of title 41, United States Code
.
Section 821(b)(2) (10 U.S.C. 2304 note) is amended by striking section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))
and inserting section 103 of title 41, United States Code
.
Section 847 (10 U.S.C. 1701 note) is amended—
in subsection (a)(5), by striking section 27(e) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(e))
and inserting section 2105 of title 41, United States Code
;
in subsection (c)(1), by striking section 4(16) of the Office of Federal Procurement Policy Act
and inserting section 131 of title 41, United States Code
; and
in subsection (d)(1), by striking section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423)
and inserting chapter 21 of title 41, United States Code
.
Section 862 (10 U.S.C. 2302 note) is amended—
in subsection (b)(1), by striking section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)
and inserting section 1303 of title 41, United States Code
; and
in subsection (d)(1), by striking section 6(j) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(j))
and inserting section 1126 of title 41, United States Code
.
The John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364) is amended as follows:
Section 832(d)(3) (10 U.S.C. 2302 note) is amended by striking section 8(b) of the Service Contract Act of 1965 (41 U.S.C. 357(b))
and inserting section 6701(3) of title 41, United States Code
.
Section 852(b)(2)(A)(ii) (10 U.S.C. 2324 note) is amended by striking section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))
and inserting section 103 of title 41, United States Code
.
Section 8118 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 10 U.S.C.
2533a note), is amended by striking section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)
and inserting section 1906 of title 41, United States Code
.
The National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136) is amended as follows:
Section 812(b)(2) (10 U.S.C. 2501 note) is amended by striking section 6(d)(4)(A) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(4)(A))
and inserting section 1122(a)(4)(A) of title 41, United States Code
.
Section 1601(c) (10 U.S.C. 2358 note) is amended—
in paragraph (1)(A), by striking section 32A of the Office of Federal Procurement Policy Act, as added by section 1443 of this Act
and inserting section 1903 of title 41, United States Code
; and
in paragraph (2)(B), by striking Subsections (a) and (b) of section 7 of the Anti-Kickback Act of 1986 (41 U.S.C. 57(a) and (b))
and inserting Section 8703(a) of title 41, United States Code
.
Section 8025(c) of the Department of Defense Appropriations Act, 2004 (Public Law 108–87; 10 U.S.C.
2410d note), is amended by striking the Javits-Wagner-O’Day Act (41 U.S.C. 46–48)
and inserting chapter 85 of title 41, United States Code
.
Section 817(e)(1)(B) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107–314; 10 U.S.C. 2306a note) is amended by striking section 26(f)(5)(B) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)(5)(B))
and inserting section 1502(b)(3)(B) of title 41, United States Code
.
Section 801(f)(1) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law
107–107; 10 U.S.C. 2330 note) is amended by striking section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))
and inserting section 1702(c) (1) and (2) of title 41, United States Code
.
Section 803(d) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105–261; 10 U.S.C. 2306a note) is amended by striking subsection (b)(1)(B) of section 304A of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 254b)
and inserting section 3503(a)(2) of title 41, United States Code
.
Section 848(e)(1) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105–85; 10 U.S.C. 2304 note) is amended by striking section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428)
and inserting section 1902 of title 41, United States Code
.
Section 722(b)(2) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104–201; 10 U.S.C. 1073 note) is amended by striking section 25(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c))
and inserting section 1303(a) of title 41, United States Code
.
Section 3412(k) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106,
10 U.S.C. 7420 note) is amended by striking section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c))
and inserting section 3304(a) of title 41, United States Code
.
Section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note) is amended—
in subsection (a)(2)(A), by striking section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))
and inserting section 1702(c) of title 41, United States Code,
;
in subsection (d)(1)(B)(ii), by striking section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))
and inserting paragraphs (1) and (2) of section 1702(c) of title 41, United States Code
;
in subsection (e)(2)(A), by striking section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))
and inserting section 103 of title 41, United States Code
; and
in subsection (h), by striking section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423)
and inserting chapter 21 of title 41, United States Code
.
Section 326(c)(2) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 10 U.S.C. 2302 note) is amended by striking section 25(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c))
and inserting section 1303(a) of title 41, United States Code
.
Section 806 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2302 note) is amended—
in subsection (b), by striking section 4(12) of the Office of Federal Procurement Policy Act
and inserting section 103 of title 41, United States Code
; and
in subsection (c)—
by striking section 25(a) of the Office of Federal Procurement Policy Act
and inserting section 1302(a) of title 41, United States Code
; and
by striking section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))
and inserting section 1303(a)(1) of such title 41
.
Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510, 10 U.S.C. 2302 note) is amended—
by designating the subsection after subsection (k), relating to definitions, as subsection (l); and
in paragraph (8) of that subsection, by striking the first section of the Act of June 25, 1938 (41 U.S.C. 46; popularly known as the
and inserting Wagner-O’Day Act
)section 8502 of title 41, United States Code
.
Amendments to title 10, United States Code, To reflect reclassification of provisions of law codified in title 50, United States Code
Title 10, United States Code, is amended as follows:
Sections 113(b), 125(a), and 155(d) are amended by striking (50 U.S.C. 401)
and inserting (50 U.S.C. 3002)
.
Sections 113(e)(2), 117(a)(1), 118(b)(1), 118a(b)(1), 153(b)(1)(C)(i), 231(b)(1), and 231a(c)(1)
are amended by striking (50 U.S.C. 404a)
and inserting (50 U.S.C. 3043)
.
Sections 167(g) and 421(c) are amended by striking (50 U.S.C. 413 et seq.)
and inserting (50 U.S.C. 3091 et seq.)
.
Section 201(b)(1) is amended by striking (50 U.S.C. 403–6(b))
and inserting (50 U.S.C. 3041(b))
.
Section 429 is amended—
in subsection (a), by striking (50 U.S.C. 403–1)
and inserting (50 U.S.C. 3024)
; and
in subsection (e), by striking (50 U.S.C. 401a(4))
and inserting (50 U.S.C. 3003(4))
.
Section 442(d) is amended by striking (50 U.S.C. 404e(a))
and inserting (50 U.S.C. 3045(a))
.
Section 444 is amended—
in subsection (b)(2), by striking (50 U.S.C. 403o)
and inserting (50 U.S.C. 3515)
; and
in subsection (e)(2)(B), by striking (50 U.S.C. 403a et seq.)
and inserting (50 U.S.C. 3501 et seq.)
.
Section 457 is amended—
in subsection (a), by striking (50 U.S.C. 431)
and inserting (50 U.S.C. 3141)
; and
in subsection (c), by striking (50 U.S.C. 431(b))
and inserting (50 U.S.C. 3141(b))
.
Section 462 is amended by striking (50 U.S.C. 402 note)
and inserting (50 U.S.C. 3614)
.
Sections 491(c)(3), 494(d)(1), and 496(a)(1) are amended by striking (50 U.S.C. 401a(4))
and inserting (50 U.S.C. 3003(4))
.
Section 1599a(a) is amended by striking (50 U.S.C. 402 note)
and inserting (50 U.S.C. 3614)
.
Section 1605(a)(2) is amended by striking (50 U.S.C. 403r)
and inserting (50 U.S.C. 3518)
.
Section 1623(a) is amended by striking (50 U.S.C. 402 note)
and inserting (50 U.S.C. 3614)
.
Section 2409(e) is amended by striking (50 U.S.C. 401a(4))
and inserting (50 U.S.C. 3003(4))
.
Section 2501(a)(1)(A) is amended by striking (50 U.S.C. 404a)
and inserting (50 U.S.C. 3043)
.
Sections 2557(c) and 2723(d)(2) are amended by striking (50 U.S.C. 413)
and inserting (50 U.S.C. 3091)
.
Amendments to other defense-Related statutes To reflect reclassification of provisions of law codified in title 50, United States Code
The following provisions of law are amended by striking (50 U.S.C. 401a(4))
and inserting (50 U.S.C. 3003(4))
:
Section 911(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2271 note).
Sections 801(b)(3) and 911(e)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note; 2271 note).
Section 812(e) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2501 note).
Section 901(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law
107–314; 10 U.S.C. 137 note) is amended by striking (50 U.S.C. 401 et seq.)
and inserting (50 U.S.C. 3001 et seq.)
.
Other cross-Reference amendments
Title 10, United States Code
Title 10, United States Code, is amended as follows:
Section 2430(c)(2) is amended by striking section 2366a(a)(4)
and inserting section 2366a(a)(7)
.
Section 7292(d)(2) is amended by striking section 1024(a)
and inserting section 1018(a)
.
Title 40, United States Code
Section 591(b)(2)(A) of title 40, United States Code, is amended by striking section 2394 of title 10
and inserting section 2922a of title 10
.
Date of enactment references
Title 10, United States Code, is amended as follows:
Section 1218(d)(3) is amended by striking on the date that is five years after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2010
and inserting on October 28, 2014
.
Section 1566a(a) is amended by striking Not later than 180 days after the date of the enactment of the National Defense Authorization Act
for Fiscal Year 2010 and under
and inserting Under
.
Section 2275(d) is amended—
in paragraph (1), by striking before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013
and inserting before January 2, 2013
; and
in paragraph (2), by striking on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year
2013
and inserting on or after January 2, 2013
.
Section 2601a(e) is amended by striking after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012
and inserting after December 31, 2011,
.
Section 6328(c) is amended by striking on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year
2010
and inserting after October 27, 2009,
.
Other amendments to title 10, United States Code
Title 10, United States Code, is amended as follows:
Section 118 is amended by striking subsection (g).
Section 407(a)(3)(A) is amended by striking the comma after as applicable
.
Section 429 is amended—
in subsection (a), by striking Section
in the second sentence and inserting section
; and
in subsection (c), by striking act
and inserting law
.
Section 1074m(a)(2) is amended by striking subparagraph
in the matter preceding subparagraph (A) and inserting subparagraphs
.
Section 1154(a)(2)(A)(ii) is amended by striking U.S.C.1411
and inserting U.S.C. 1411
.
Section 2222(g)(3) is amended by striking (A)
after (3)
.
Section 2335(d) is amended—
by designating the last sentence of paragraph (2) as paragraph (3); and
in paragraph (3), as so designated—
by inserting before Each of
the following paragraph heading: Other terms.—
;
by striking the term
and inserting that term
; and
by inserting Election
after Federal Campaign
.
Section 2371 is amended by striking subsection (h).
Section 2601a is amended—
in subsection (a)(1), by striking issue
and inserting prescribe
; and
in subsection (d), by striking issued
and inserting prescribed
.
Section 2853(c)(1)(A) is amended by striking can be still be
and inserting can still be
.
Section 2866(a)(4)(A) is amended by striking repayed
and inserting repaid
.
Section 2884(c) is amended by striking on evaluation
in the matter preceding paragraph (1) and inserting an evaluation
.
Transfer of section 2814 to chapter 631
Transfer and redesignation
Section 2814 of title 10, United States Code, is transferred to chapter 631 of such title, inserted after section 7205, and redesignated as section 7206.
Conforming amendments
Such section, as so transferred and redesignated, is amended—
in paragraphs (2) and (3)(B) of subsection (i), by striking this chapter
and inserting chapter 169 of this title
; and
by striking subsection (l) and inserting the following new subsection (l):
Definitions
In this section:
The term appropriate committees of Congress
has the meaning given such term in section 2801 of this title.
The term property support services
means the following:
Any utility service or other service listed in section 2686(a) of this title.
Any other service determined by the Secretary to be a service that supports the operation and maintenance of real property, personal property, or facilities.
.
Clerical amendments
The table of sections at the beginning of chapter 169 of such title is amended by striking the item relating to section 2814.
The table of sections at the beginning of chapter 631 of such title is amended by inserting after the item relating to section 7205 the following new item:
7206. Special authority for development of Ford Island, Hawaii.
.
Coordination with other amendments made by this Act
For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by subsections (b) through (h) of this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.
Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations
Subsection (h) of section 2667 of title 10, United States Code, is amended by adding the following new paragraph:
Paragraph (1) does not apply to a renewal, extension, or succeeding lease by the Secretary concerned with a financial institution selected in accordance with the Department of Defense Financial Management Regulation providing for the selection of financial institutions to operate on military installations if each of the following applies:
The on-base financial institution was selected before the date of the enactment of this paragraph or competitive procedures are used for the selection of any new financial institutions.
A current and binding operating agreement is in place between the installation commander and the selected on-base financial institution.
The renewal, extension or succeeding lease shall terminate upon the termination of the operating agreement described in subparagraph (A)(ii).
.
Limited authority for United States to secure copyrights for certain scholarly works prepared by faculty of certain Department of Defense professional schools
Authority
Chapter 53 of title 10, United States Code, is amended by inserting after section 1033 the following new section:
Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools
Authority
In general
Subject to regulations prescribed under subsection (f), the United States may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work written by a faculty member of an institution of the Department of Defense specified in subsection (e), but only for purposes of publication by a scholarly press or journal for which such a copyright is normally a requirement for publication or otherwise as may be prescribed under regulations under this section.
Printing
Notwithstanding section 501 of title 44, the Department of Defense need not use the services of the Government Printing Office or a field printing plant operated by the Department of Defense with respect to a work for which copyright protection exists by reason of paragraph (1).
Qualifying works
A work is a qualifying work for purposes of this section if the work—
is prepared as part of a person’s official duties; and
meets such criteria as the Secretary of Defense may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted.
Transfer of copyright
Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the United States may transfer the copyright to the owner or publisher of the medium in which the work will be published. The United States shall maintain a perpetual, royalty-free license to use the scholarly work for any official purpose of the United States.
Royalties, etc
No royalties or other compensation may be accepted by a person covered by subsection (a) by reason of copyright protection that exists by reason of subsection (a).
Covered institutions
The institutions referred to in subsection (a) are the following:
The United States Military Academy, the United States Naval Academy, and the United States Air Force Academy.
The National Defense University.
Any war college of the armed forces.
Any graduate-level college or university of the Department of Defense.
Regulations
The Secretary of Defense shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured under subsection (a) and the purposes for which the copyright may be secured.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1033 the following new item:
1033a. Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools.
.
Effective date
Section 1033a of title 10, United States Code, as added by subsection (a), shall apply only with respect to works that, as determined under regulations prescribed under that section, are completed after the date of the enactment of this Act.
Revision to statute of limitations for aviation insurance claims
In general
Section 44309(c) of title 49, United States Code, is amended—
By inserting after time limitations.—
the following new sentence: A claim under the authority of this chapter against the United States shall be forever barred
unless it is presented in writing to the Secretary of Transportation
within two years after such claim accrues or unless action is begun within
six months after the date of mailing, by certified or registered mail, of
notice of final denial of the claim by the Secretary.
;
by striking , under section 2401 of title 28,
and
by striking subsection (a) of
.
Effective date
The amendments made by subsection (a) shall apply only with respect to claims arising after the date of the enactment of this Act.
Transfer of functions of the Veterans’ Advisory Board on Dose Reconstruction to the Secretaries of Veterans Affairs and Defense
Section 601 of the Veterans Benefits Act of 2003 (Public Law 108–183; 117 Stat. 2667; 38 U.S.C. 1154 note) is amended to read as follows:
Radiation Dose Reconstruction Program of the Department of Defense
Review and oversight
The Secretary of Veterans Affairs and the Secretary of Defense shall jointly take appropriate actions to ensure the on-going independent review and oversight of the Radiation Dose Reconstruction Program of the Department of Defense.
Duties
In carrying out subsection (a), the Secretaries shall—
conduct periodic, random audits of dose reconstructions under the Radiation Dose Reconstruction Program and of decisions by the Department of Veterans Affairs on claims for service connection of radiogenic diseases;
communicate to veterans information on the mission, procedures, and evidentiary requirements of the Program; and
carry out such other activities with respect to the review and oversight of the Program as the Secretaries shall jointly specify.
Recommendations
The Secretaries may make such recommendations on modifications in the mission or procedures of the Program as they consider appropriate as a result of the audits conducted under subsection (b)(1).
.
Authority to accept certain voluntary services
Section 1588(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned.
.
Transfer of Administration of Ocean Research Advisory Panel From Department of the Navy to National Oceanic and Atmospheric Administration
Authority for Ocean Research Advisory Panel
Subsection (a) of section 7903 of title 10, United States Code, is amended—
in the matter preceding paragraph (1)—
by inserting , through the Administrator of the National Oceanic and Atmospheric Administration,
after The Council
;
by striking Panel consisting
and inserting Panel. The Panel shall consist
; and
by striking chairman
and inserting Administrator of the National Oceanic and Atmospheric Administration, on behalf of the Council
;
in paragraph (1), by striking National Academy of Science
and inserting National Academies
; and
by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively.
Responsibilities of panel
Subsection (b) of such section is amended—
by inserting , through the Administrator of the National Oceanic and Atmospheric Administration,
after The Council
;
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
by striking paragraph (2) and inserting the following new paragraphs (2) and (3):
To advise the Council on the determination of scientific priorities and needs.
To provide the Council strategic advice regarding national ocean program execution and collaboration.
.
Funding To support activities of panel
Subsection (c) of such section is amended by striking Secretary of the Navy
and inserting Secretary of Commerce
.
Repeal and modification of reporting requirements
Title 10, United States Code
Title 10, United States Code, is amended as follows:
Section 1073b is repealed.
The table of sections at the beginning of chapter 55 is amended by striking the item relating to section 1073b.
National Defense Authorization Acts
Fiscal year 2013
Section 112 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1654) is repealed.
Fiscal year 2012
Subsection (b) of section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576), as most recently amended by section 1054 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 861), is amended to read as follows:
Form of reports
Any report under subsection (a) may be submitted in classified form.
.
Fiscal year 2008
Section 330(e)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110–181; 122 Stat. 68), as most recently amended by section 332 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1697), is amended by adding at the end the following
new sentence: However, a report is not required under this paragraph for any fiscal year during which the
Secretary concerned did not use the authority in subsection (a).
.
Fiscal year 2004
Subsection (d) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2808 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1012), is amended—
in the heading, by striking quarterly
and inserting annual
;
in paragraph (1)—
by striking fiscal-year quarter
and inserting fiscal year
; and
by striking quarter
and inserting fiscal year
; and
in paragraph (2), by striking all of the quarterly reports that were
and inserting the report
.
Inclusion of extremity trauma and amputation center of excellence annual report in the Department of Veterans Affairs and Department of Defense joint annual report on health care coordination and sharing activities
Section 723 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4508) is amended by striking subsection (d).
Section 8111(f) of title 38, United States Code, is amended by adding at the end the following new paragraph:
The two Secretaries shall include in the annual report under this subsection a report on the activities of the Center of Excellence in the Mitigation, Treatment, and Rehabilitation of Traumatic Extremity Injuries and Amputations (established pursuant to section 723 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) during the one-year period ending on the date of such report. Such report shall include a description of the activities of the center and an assessment of the role of such activities in improving and enhancing the efforts of the Department of Defense and the Department of Veterans Affairs for the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations.
.
Civilian personnel matters
Modifications to Biennial Strategic Workforce Plan relating to senior management, functional, and technical workforce of the Department of Defense
Senior management workforce
Subsection (c) of section 115b of title 10, United States Code, is amended—
by striking paragraph (1) and inserting the following:
Each strategic workforce plan under subsection (a) shall—
specifically address the shaping and improvement of the senior management workforce of the Department of Defense; and
include an assessment of the senior functional and technical workforce of the Department of Defense within the appropriate functional community.
; and
in paragraph (2), by striking such senior management, functional, and technical workforce
and inserting such senior management workforce and such senior functional and technical workforce
.
Highly qualified experts
Such section is further amended—
in subsection (b)(2), by striking subsection (f)(1)
in subparagraphs (D) and (E) and inserting subsection (h)(1) or (h)(2)
;
by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and
by inserting after subsection (e) the following new subsection (f):
Highly qualified experts
Each strategic workforce plan under subsection (a) shall include an assessment of the workforce of
the Department of Defense comprised of highly qualified experts appointed
pursuant to section 9903 of title 5 (in this subsection referred to as the HQE workforce
).
For purposes of paragraph (1), each plan shall include, with respect to the HQE workforce—
an assessment of the critical skills and competencies of the existing HQE workforce and projected trends in that workforce based on expected losses due to retirement and other attrition;
specific strategies for attracting, compensating, and motivating the HQE workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies;
any incentives necessary to attract or retain HQE personnel;
any changes that may be necessary in resources or in the rates or methods of pay needed to ensure the Department has full access to appropriately qualified personnel; and
any legislative changes that may be necessary to achieve HQE workforce goals.
.
Definitions
Subsection (h) of such section (as redesignated by subsection (b)(2)) is amended to read as follows:
Definitions
In this section:
The term senior management workforce of the Department of Defense includes the following categories of Department of Defense civilian personnel:
Appointees in the Senior Executive Service under section 3131 of title 5.
Persons serving in the Defense Intelligence Senior Executive Service under section 1606 of this title.
The term senior functional and technical workforce of the Department of Defense includes the following categories of Department of Defense civilian personnel:
Persons serving in positions described in section 5376(a) of title 5.
Scientists and engineers appointed pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 (114 Stat. 1654A–315)).
Scientists and engineers appointed pursuant to section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note).
Persons serving in Intelligence Senior Level positions under section 1607 of this title.
The term acquisition workforce includes individuals designated under section 1721 of this title as filling acquisition positions.
.
Conforming amendment
The heading of subsection (c) of such section is amended to read as follows: Senior management workforce; senior functional and technical workforce.—
.
Formatting of annual report
Subsections (d)(1) and (e)(1) of such section are amended by striking include a separate chapter to
.
Authority to provide additional compensation for defense clandestine service employees
Section 1603 of title 10, United States Code, is amended by adding at the end the following new subsection:
Additional compensation for employees of the defense clandestine service
In addition to the authority to provide compensation under subsection (a), the Secretary of Defense may provide civilian employees of the Defense Clandestine Service allowances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law, if the Secretary determines such action is necessary to the operational effectiveness of the Defense Clandestine Service.
.
Pilot program for the temporary exchange of financial management personnel
Assignment authority
The Secretary of Defense may, with the agreement of the private sector organization concerned, arrange for the temporary assignment of an employee to such private sector organization, or from such private sector organization to a Department of Defense organization under this section. An employee shall be eligible for such an assignment only if the employee—
works in the field of financial management;
is considered by the Secretary of Defense to be an exceptional employee; and
is compensated at not less than the GS–11 level (or the equivalent).
Agreements
The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement—
shall require, in the case of an employee of the Department of Defense, that upon completion of the assignment, the employee will serve in the civil service for a period at least equal to three times the length of the assignment, unless the employee is sooner involuntarily separated from the service of the employee’s agency; and
shall provide that if the employee of the Department of Defense or of the private sector organization (as the case may be) fails to carry out the agreement, or if the employee is voluntarily separated from the service of the employee’s agency before the end of the period stated in the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment unless that failure or voluntary separation was for good and sufficient reason, as determined by the Secretary of Defense.
Termination
An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private sector organization concerned.
Duration
An assignment under this section shall be for a period of not less than three months and not more than one year. No assignment under this section may commence after September 30, 2019.
Status of Federal employees assigned to private sector organization
An employee of the Department of Defense who is temporarily assigned to a private sector organization under this section shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. The written agreement established under subsection (b) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee.
Terms and conditions for private sector employees
An employee of a private sector organization who is assigned to a Department of Defense organization under this section—
shall continue to receive pay and benefits from the private sector organization from which such employee is assigned;
is deemed to be an employee of the Department of Defense for the purposes of—
chapter 73 of title 5, United States Code;
sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code, and any other conflict of interest statute;
sections 1343, 1344, and 1349(b) of title 31, United States Code;
the Federal Tort Claims Act and any other Federal tort liability statute;
the Ethics in Government Act of 1978;
section 1043 of the Internal Revenue Code of 1986;
chapter 21 of title 41, United States Code; and
subchapter I of chapter 81 of title 5, United States Code, relating to compensation for work-related injuries; and
may not have access, while the employee is assigned to a Department of Defense organization, to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned.
Prohibition against charging certain costs to the Federal Government
A private sector organization may not charge the Department of Defense or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department of Defense organization under this section for the period of the assignment.
Consideration
The Secretary of Defense shall take into consideration the question of how assignments might best be used to help meet the needs of the Department of Defense with respect to the training of employees in financial management.
Numerical limitation
Not more than five Department of Defense employees may be assigned to private sector organizations under this section, and not more than five employees of private sector organizations may be assigned to the Department of Defense under this section, at any given time.
Matters relating to foreign nations
Enhanced authority to acquire products and services produced in Djibouti in support of Department of Defense activities in United States Africa Command area of responsibility
Authority
In the case of a product or service to be acquired in support of Department of Defense activities in the United States Africa Command area of responsibility for which the Secretary of Defense makes a determination described in subsection (b), the Secretary may conduct a procurement in which—
competition is limited to products or services that are from Djibouti; or
a preference is provided for products or services that are from Djibouti.
Determination
A determination described in this subsection is a determination by the Secretary of either of the following:
That the product or service concerned is to be used only in support of activities described in subsection (a).
That it is in the national security interest of the United States to limit competition or provide a preference as described in subsection (a) because such limitation or preference is necessary—
to reduce—
United States transportation costs; or
delivery times in support of activities described in subsection (a); or
to promote regional security, stability, and economic prosperity in Africa.
A determination under paragraph (1)(B) shall not be effective for purposes of a limitation or preference under subsection (a) unless the Secretary also determines that the limitation or preference will not adversely affect—
United States military operations or stability operations in the United States Africa Command area of responsibility; or
the United States industrial base.
Products and services from Djibouti
For the purpose of this section:
A product is from Djibouti if it is mined, produced, or manufactured in Djibouti.
A service is from Djibouti if it is performed in Djibouti by citizens or residents of Djibouti.
Permanent and global authority for use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability
Codification of permanent authority
Enactment in title 10 of section 1202 acquisition and cross-servicing agreement authority
Chapter 138 of title 10, United States Code, is amended by inserting after section 2342 a new section 2342a consisting of—
a heading as follows:
Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability
;
a text consisting of the text of subsections (a) through (d) of section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 909), and revised as specified in subsection (b).
Clerical amendment
The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 2342 the following new item:
2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability.
.
Revisions to codified section
The revisions to the text specified in subsection (a)(1)(B) are as follows:
Global authority
In subsection (a)(1)—
insert military or stability
after combined
the first place it appears; and
strike in Afghanistan
.
Conforming amendments
In subsection (a)(3)—
in subparagraph (A), strike Afghanistan
and insert a combined military or stability operation with the United States
; and
in subparagraph (C), strike Afghanistan or a
and insert a combined military or stability operation or
.
Reporting exception
In subsection (a)(5)—
insert (A)
before Equipment may not
; and
add at the end the following:
Exception
The notice required in subparagraph (A) shall not be required when the equipment to be loaned is intended to be used—
in a facility that is under the control of the United States; or
in connection with training directed by United States personnel.
.
Waiver in the case of combat loss of equipment
At the end of subsection (a), insert the following new paragraph:
Waiver of reimbursement in the case of combat loss
Authority
In the case of equipment provided to the military forces of another nation under the authority of this section that is damaged or destroyed as a result of combat operations while held by those forces, the Secretary of Defense may, with respect to such equipment, waive any other applicable requirement under this subchapter for—
reimbursement;
replacement-in-kind; or
exchange of supplies or services of an equal value.
Limitations
Any waiver under this subsection may be made only on a case-by-case basis. Any waiver under this subsection may be made only if the Secretary determines that the waiver is in the national security interest of the United States.
.
Technical and clerical amendments
In subsection (a)(1), strike under subchapter I of chapter 138 of title 10, United States Code,
.
In subsection (d)(2)(B), strike Committee on International Relations
and insert Committee on Foreign Affairs
.
Repeal
Section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 909), is repealed.
Retroactive application of waiver authority
The authority in subsection (a)(6) of section 2342a of title 10, United States Code, as added by this section, shall apply with respect to equipment provided before the date of the enactment of this Act to a foreign nation under section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007, as amended, in the same manner as to equipment provided under such section 2342a.
Revisions to Global Security Contingency Fund authority
Types of assistance
Subsection (c)(1) of section 1207 of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112–81; 22 U.S.C. 2151 note), as amended by section 1202 of
the
National Defense Authorization Act for Fiscal Year 2014, is amended by
striking the provision of equipment, supplies, and training.
and inserting
the provision of the following:
Equipment, including routine maintenance and repair of such equipment.
Supplies.
Small-scale construction not exceeding $750,000.
Training.
.
Transfer authority
Subsection (f)(1) of such section is amended by striking for Defense-wide activities
in the first sentence.
Two-Year extension of availability of funds
Subsection (i) of such section is amended by striking September 30, 2015
and inserting September 30, 2017
.
Extension of expiration date
Subsection (p) of such section is amended—
by striking September 30, 2015
and inserting September 30, 2017
; and
by striking funds available for fiscal years 2012 through 2015
and inserting funds available for a fiscal year beginning before that date
.
Increase in annual limitation on transfer of excess defense articles
Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended by
striking $425,000,000
and inserting $500,000,000
.
One-year extension of Afghan Special Immigrant Visa Program
Extension
Section 602(b)(3)(D) of the Afghan Allies Protection Act of 2009 (title VI of Public Law 111–8; 8 U.S.C. 1101 note) is amended—
in the subparagraph heading, by striking fiscal year
and inserting fiscal years
;
by striking For fiscal year 2014
and inserting For each of fiscal years 2014 and 2015
;
by inserting per year
after 3,000
;
by striking in fiscal year 2014
and inserting in fiscal years 2014 and 2015
;
by striking of fiscal year 2015
and inserting of fiscal year 2016
; and
by striking September 30, 2014
and inserting September 30, 2015
.
Technical amendments
Section 601 of such Act is amended by striking This Act
and inserting This title
.
Section 602(c)(3) of such Act is amended by striking section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)
and inserting section 133 of title 41, United States Code
.
Enhanced authority for provision of support to foreign military liaison officers of foreign countries while assigned to the Department of Defense
Eligibility
Subsection (a) of section 1051a of title 10, United States Code, is amended—
in the matter preceding paragraph (1)—
by striking The Secretary of Defense
and inserting Subject to subsection (d), the Secretary of Defense
;
by striking involved in a military operation with the United States
; and
by striking temporarily
;
in paragraph (1)—
by striking , component command,
; and
by striking in connection with the planning for, or conduct of, a military operation
; and
in paragraph (2), by striking To the headquarters of
and all that follows and inserting To the Joint Staff.
.
Travel, subsistence, and medical care expenses
Subsection (b) of such section is amended—
in paragraph (1)—
by striking to the headquarters of a combatant command
; and
by inserting or by the Chairman of the Joint Chiefs of Staff, as appropriate
before the period at the end; and
in paragraph (3), by striking if such travel
and all that follows and inserting
if such travel meets each of the following conditions:
The travel is in support of the national interests of the United States.
The commander of the relevant combatant command or the Chairman of the Joint Chiefs of Staff, as applicable, directs round-trip travel from the assigned location to one or more travel locations.
.
Terms of reimbursement
Subsection (c) of such section is amended—
by striking To the extent that the Secretary determines appropriate, the
and inserting The
; and
by adding at the end the following new sentence: The terms of reimbursement shall be specified in the appropriate international agreement used to
assign the liaison officer to a combatant command or to the Joint Staff.
.
Limitations and oversight
Such section is further amended—
by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following new subsection (d):
Limitations and oversight
The number of liaison officers supported under subsection (b)(1) may not exceed 60 at any one time, and the amount of unreimbursed support for any such liaison officer under that subsection in any fiscal year may not exceed $200,000 (in fiscal year 2014 constant dollars).
The Chairman of the Joint Chiefs of Staff shall be responsible for oversight of the use of the authority under this section, including implementation of the limitations in paragraph (1).
.
Secretary of state concurrence
Such section is further amended by inserting after subsection (d), as added by subsection (d)(2), the following new subsection (e):
Secretary of state concurrence
The authority of the Secretary of Defense to provide administrative services and support under subsection (a) for the performance of duties by a liaison officer of another nation may be exercised only with respect to a liaison officer of another nation whose assignment as described in that subsection is accepted by the Secretary of Defense with the concurrence of the Secretary of State.
.
Definition
Subsection (f) of such section, as redesignated by subsection (d)(1), is amended by inserting training programs conducted to familiarize, orient, or certify liaison personnel regarding unique
aspects of the assignments of the liaison personnel,
after police protection,
.
Other authorizations
Military programs
Working Capital Funds
Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the armed forces and other activities and agencies of the Department of Defense for providing capital for Defense Working Capital Funds in the amount of $1,234,468,000.
Joint Urgent Operational Needs Fund
Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Urgent Operational Needs Fund in the amount of $20,000,000.
Chemical Agents and Munitions Destruction, Defense
Authorization of appropriations
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $828,868,000, of which—
$222,728,000 is for Operation and Maintenance;
$595,913,000 is for Research, Development, Test, and Evaluation; and
$10,227,000 is for Procurement.
Use
Amounts authorized to be appropriated under subsection (a) are authorized for—
the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
Drug Interdiction and Counter-Drug Activities, Defense-Wide
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $820,687,000.
Defense Inspector General
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $311,830,000, of which—
$310,830,000 is for Operation and Maintenance; and
$1,000,000 is for Procurement.
Defense Health Program
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $31,994,918,000, of which—
$31,031,911,000 is for Operation and Maintenance;
$654,594,000 is for Research, Development, Test, and Evaluation; and
$308,413,000 is for Procurement.
Other matters
Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois
Authority for transfer of funds
Of the funds authorized to be appropriated for section 507 and available for the Defense Health Program for operation and maintenance, $146,857,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
Use of transferred funds
For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
Authorization of appropriations for Armed Forces Retirement Home
There is hereby authorized to be appropriated for fiscal year 2015 from the Armed Forces Retirement Home Trust Fund the sum of $63,400,000 for the operation of the Armed Forces Retirement Home.
Uniformed and Overseas Citizens Absentee Voting Act amendments
Pre-election reporting requirements on availability and transmission of absentee ballots
In general
Subsection (c) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is amended—
by designating the text of that subsection as paragraph (3) and indenting that paragraph, as so designated, two ems from the left margin; and
by inserting before paragraph (3), as so designated, the following new paragraphs:
Pre-election report on absentee ballot availability
Not later than 55 days before any election for Federal office held in a State, such State shall submit a report to the Attorney General and the Presidential designee, and make that report publicly available that same day, certifying that absentee ballots are available for transmission to absentee voters, or that it is aware of no circumstances that will prevent absentee ballots from being available for transmission by 46 days before the election. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election.
Pre-election report on absentee ballots transmitted
Not later than 43 days before any election for Federal office held in a State, such State shall submit a report to the Attorney General and the Presidential designee, and make that report publicly available that same day, certifying whether all absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 46th day before the election have been transmitted to such voters by such date. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election.
.
Conforming amendments
Subsection heading
The heading for such subsection is amended to read as follows: Reports on absentee ballots.—
.
Paragraph heading
Paragraph (3) of such subsection, as designated by subsection (a)(1), is amended by inserting Post-election report on number of absentee ballots transmitted and received.—
before Not later than 90 days
.
Transmission requirements; repeal of waiver provision
In general
Subsection (a)(8) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff–1) is amended by striking voter—
and all that follows in that subsection and inserting voter by the date and in the manner determined under subsection (g);
.
Ballot transmission requirements and repeal of waiver provision
Subsection (g) of such section is amended to read as follows:
Ballot transmission requirements
Requests received at least 46 days before an election for Federal office
For purposes of subsection (a)(8), in a case in which a valid request for an absentee ballot is received at least 46 days before an election for Federal office, the following rules shall apply:
Time for transmittal of absentee ballot
The State shall transmit the absentee ballot not later than 46 days before the election.
Special rules in case of failure to transmit on time
General rule
If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery.
Extended failure
If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall—
in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and
in any other case, provide, at the State’s expense, for the return of such ballot by express delivery.
Enforcement
A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to effectuate the purposes of this Act.
Requests received after 46th day before an election for Federal office
For purposes of subsection (a)(8), in a case in which a valid request for an absentee ballot is received less than 46 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request.
.
Clarification of State responsibility, civil penalties, and private right of action
Enforcement
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4) is amended to read as follows:
Enforcement
In general
The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. In any such action, the only necessary party defendant is the State. It shall not be a defense to such action that local election officials are not also named as defendants.
Civil penalty
In a civil action brought under subsection (a), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State—
in an amount not exceeding $110,000, for a first violation; and
in an amount not exceeding $220,000, for any subsequent violation.
Annual report to Congress
Not later than December 31 of each year, the Attorney General shall submit to Congress a report on any civil action brought under subsection (a) during that year.
Private right of action
A person who is aggrieved by a State's violation of this Act may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this Act.
Attorney's fees
In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney's fees, including litigation expenses, and costs.
.
Repeal of clarification regarding delegation of State responsibility
Section 576 of the Military and Overseas Voter Empowerment Act (42 U.S.C. 1973ff–1 note) is repealed.
Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot
State responsibilities
Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff–1(a)(3)) is amended by striking general
.
Write-In absentee ballots
Section 103 of such Act (42 U.S.C. 1973ff–2) is amended—
by striking general
in the title of the section; and
by striking general
in subsection (b)(2)(B).
Treatment of ballot requests
In general
Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–3) is amended—
by striking A State may not
and inserting:
Prohibition of refusal of applications on grounds of early submission
A State may not
;
by inserting or overseas voter
after an absent uniformed services voter
;
by striking members of the
before uniformed services
;
by inserting voters or overseas voters
before the period; and
by adding at the end the following new subsection:
Application treated as valid for subsequent elections
In general
If a State accepts and processes a request for an absentee ballot by an absent uniformed services voter or overseas voter and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), and any special elections for Federal office held in the State through the calendar year following such general election, the State shall provide an absentee ballot to the voter for each such subsequent election.
Exception for voters changing registration
Paragraph (1) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State.
.
Conforming amendment
The heading of such section is amended to read as follows:
Treatment of ballot requests
.
Inclusion of Northern Mariana Islands in the definition of State
for purposes of the Uniformed and Overseas Citizens Absentee Voting Act
Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff–6) are each amended by striking and American Samoa
and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands
.
Requirement for Presidential designee to revise the Federal post card application to allow voters to designate ballot requests
Requirement
The Presidential designee shall ensure that the official post card form (prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2))) enables a voter using the form to—
request an absentee ballot for each election for Federal office held in a State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election) and any special elections for Federal office held in the State through the calendar year following such general election; or
request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in paragraph (1).
Definition
In this section, the term Presidential designee
means the individual designated under section 101(a) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff(a)).
Requirement of plurality vote for Virgin Islands and Guam Federal elections
Section 2(a) of the Act entitled An Act to provide that the unincorporated territories of Guam and the Virgin Islands shall each be
represented in Congress by a Delegate to the House of Representatives
approved April 10, 1972 (48 U.S.C. 1712(a)), is amended—
by striking majority
in the second and third sentences and inserting plurality
; and
by striking the fourth sentence.
Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the Federal Voting Assistance Program
Elimination of reports for non-Election years
Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended—
by striking March 31 of each year
and inserting June 30 of each odd-numbered year
; and
by striking the following information
and inserting the following information with respect to the Federal elections held during the preceding calendar
year
.
Conforming amendments
Such section is further amended—
by striking annual report
in the subsection heading and inserting biennial report
; and
by striking In the case of
in paragraph (3) and all that follows through a description
and inserting A description
.
Authorization of additional appropriations for overseas contingency operations
[RESERVED]
Consolidation and modernization of statutes relating to the Department of Defense Cooperative Threat Reduction Program
Short title; table of contents
Short title
This title may be cited as the Department of Defense Cooperative Threat Reduction Act
.
Table of contents
The table of contents for this title is as follows:
Sec. 1601. Short title; table of contents.
Subtitle A—Program authorities
Sec. 1611. Authority to carry out the Department of Defense Cooperative Threat Reduction Program.
Sec. 1612. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities.
Sec. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities.
Sec. 1614. Use of funds for other purposes or for increased amounts.
Sec. 1615. Use of contributions to the Department of Defense Cooperative Threat Reduction Program.
Subtitle B—Restrictions and limitations
Sec. 1621. Prohibition on use of funds for specified purposes.
Sec. 1622. Requirement for on-site managers.
Sec. 1623. Limitation on use of funds until certain permits obtained.
Subtitle C—Recurring certifications and reports
Sec. 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities.
Sec. 1632. Requirement to submit summary of amounts requested by project category.
Sec. 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program.
Sec. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program.
Subtitle D—Repeals and transition provision
Sec. 1641. Repeals.
Sec. 1642. Transition provision.
Program authorities
Authority to carry out the Department of Defense Cooperative Threat Reduction Program
Authority
Subject to any concurrence of the Secretary of State or other appropriate agency head under section
1612 or section 1613 (unless such concurrence is otherwise exempted by
section 1642), the Secretary of Defense may, carry out a program, referred
to as the Department of Defense Cooperative Threat Reduction Program
, with respect to foreign states to do the following:
Facilitate the elimination, and the safe and secure transportation and storage, of chemical, biological, or other weapons, weapons components, weapons-related materials, and their delivery vehicles.
Facilitate—
the safe and secure transportation and storage of nuclear weapons, nuclear weapons-usable or high-threat radiological materials, nuclear weapons components, and their delivery vehicles; and
the elimination of nuclear weapons components and nuclear weapons delivery vehicles.
Prevent the proliferation of nuclear and chemical weapons, weapons components, and weapons-related materials, technology and expertise.
Prevent the proliferation of biological weapons, weapons components, and weapons-related materials, technology and expertise, which may include activities that facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be utilized as an early warning mechanism for disease outbreaks that could impact the armed forces of the United States or allies of the United States.
Prevent the proliferation of weapons of mass destruction-related materials, including all materials, equipment, and technology that could be used for the design, development, production, or use of nuclear, chemical, and biological weapons and their means of delivery.
Carry out military-to-military and defense contacts for advancing the mission of the Department of Defense Cooperative Threat Reduction Program, subject to subsection (e).
Scope of authority
The authority to carry out the Program in subsection (a) includes authority to provide equipment, goods, and services, but does not include authority to provide cash directly to such project or activity.
Type of program
The Program carried out under subsection (a) may involve assistance in planning and in resolving technical problems associated with weapons destruction and proliferation. Such cooperation may also involve the funding of critical short-term requirements related to weapons destruction.
Reimbursement of other agencies
The Secretary of Defense may reimburse other United States Government departments and agencies under this section for costs of participation in the Program carried out under subsection (a).
Military-to-Military and defense contacts
The Secretary of Defense shall ensure that the military-to-military and defense contacts carried out under subsection (a)(6)—
are focused and expanded to support specific relationship-building opportunities, which could lead to Department of Defense Cooperative Threat Reduction Program development in new geographic areas and achieve other Department of Defense Cooperative Threat Reduction Program benefits;
are directly administered as part of the Department of Defense Cooperative Threat Reduction Program; and
include cooperation and coordination with—
the unified combatant commands; and
the Department of State.
Prior notice to Congress of obligation of funds
Annual requirement
Not less than 15 days before any obligation of any funds appropriated for any fiscal year for a program specified under this section, the Secretary of Defense shall submit to the congressional defense committees a report on that proposed obligation for that program for that fiscal year.
Matters to be specified in reports
Each such report shall specify—
the activities and forms of assistance for which the Secretary of Defense plans to obligate funds;
the amount of the proposed obligation; and
the projected involvement (if any) of any department or agency of the United States (in addition to the Department of Defense) and of the private sector of the United States in the activities and forms of assistance for which the Secretary of Defense plans to obligate such funds.
Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities
Authority
For purposes of the Program specified in section 1611, the Secretary of Defense may obligate and expend Department of Defense Cooperative Threat Reduction funds for a fiscal year, and any Department of Defense Cooperative Threat Reduction funds for a fiscal year before such fiscal year that remain available for obligation, for a proliferation threat reduction project or activity if the Secretary of Defense, with the concurrence of the Secretary of State, determines each of the following:
That such project or activity will—
assist the United States in the resolution of a critical emerging proliferation threat; or
permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals.
That such project or activity will be completed in a short period of time.
That the Department of Defense is the entity of the Federal Government that is most capable of carrying out such project or activity.
Congressional notification
Not later than 10 days after obligating funds under the authority in subsection (a) for a project or activity, the Secretary of Defense shall notify the congressional defense committees and the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in writing of the determinations made under subsection (a) with respect to such project or activity, together with—
a justification for such determinations; and
a description of the scope and duration of such project or activity.
Non-Defense agency partner-Nation contacts
For military-to-military and defense contacts carried out under section 1611(a)(6), as further described in section 1611(e), concurrence of the Secretary of State is required only for participation by personnel from non-defense agencies.
Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities
In general
Subject to the requirements under subsection (b) or (c), as applicable, not more than 15 percent of the total amounts appropriated or otherwise made available for any fiscal year for the Department of Defense Cooperative Threat Reduction Program may be expended, notwithstanding any other law, for activities described under subsections (b)(1)(B) and (c)(1)(B).
Secretary of Defense determination and notice
Determination
Subject to paragraph (2), amounts may be expended by the Secretary of Defense as described in subsection (a) if the Secretary makes a written determination that—
a threat arising from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently;
certain provisions of law would unnecessarily impede the Secretary’s ability to carry out activities of the Department of Defense Cooperative Threat Reduction Program to address that threat; and
it is necessary to expend amounts as described in subsection (a) to carry out such activities.
Concurrence required
A determination by the Secretary of Defense under paragraph (1) may only be made with the concurrence of the Secretary of State and the Secretary of Energy.
Notice required
Not later than 15 days after obligating or expending funds under the authority provided in subsection (a), the Secretary of Defense shall, after consultation with the Secretary of State, notify the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of the determination made under paragraph (1). The notice shall include the following:
The determination.
The activities to be undertaken by the Department of Defense Cooperative Threat Reduction Program.
The expected timeframe for such activities.
The expected costs of such activities.
Presidential determination and notice
Determination
Amounts may be made available if the President makes a written determination that—
a threat arising from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently in an ungoverned area or an area that is not controlled by an effective governmental authority, as determined by the Secretary of State; and
it is necessary to make available amounts as described in subsection (a) to carry out activities of the Department of Defense Cooperative Threat Reduction Program to address that threat.
Notice required
Not later than 15 days after obligating or expending funds under the authority provided in subsection (a), the Secretary of Defense shall, after consultation with the Secretary of State, notify the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of the determination made under paragraph (1). The notice shall include the following:
The determination.
The activities to be undertaken through the Department of Defense Cooperative Threat Reduction Program.
The expected timeframe for such activities.
The expected costs of such activities.
Use of funds for other purposes or for increased amounts
Notice to Congress of intent To use funds for other purposes
Report
For any fiscal year for which amounts are specifically authorized in an Act other than an appropriations Act for specific purposes (specified by law) within the Department of Defense Cooperative Threat Reduction Program, amounts appropriated or otherwise made available for the Department of Defense Cooperative Threat Reduction Program for that fiscal year may be obligated or expended for a Department of Defense Cooperative Threat Reduction purpose other than one of the purposes so specified if—
the Secretary of Defense determines that it is necessary to do so in the national interest; and
the requirements of subsection (c) have been met.
Construction with other laws
Nothing in paragraph (1) shall be construed as authorizing the obligation or expenditure of Department of Defense Cooperative Threat Reduction Program funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under any provision of law.
Limited authority To vary individual amounts provided for any fiscal year for specified purposes
For any fiscal year for which amounts are specifically authorized in an Act other than an appropriations Act for specific purposes (specified by law) within the Department of Defense Cooperative Threat Reduction Program, the Secretary of Defense, subject to subsection (c), may obligate funds appropriated or otherwise made available for any such purpose for that fiscal year in excess of the specific amount so authorized for that purpose if—
the Secretary of Defense determines that it is necessary to do so in the national interest; and
the requirements of subsection (c) have been met.
Notice-and-Wait requirements
The requirements of this subsection for purposes of subsections (a) and (b) are that—
the Secretary submit to the congressional defense committees notification of the intent to obligate funds as described in subsection (a) or (b), together with a complete discussion of the justification for doing so and, in the case of a report for purposes of subsection (a), a statement of the purpose for which the funds will be used and the amount of funds to be used; and
15 days have elapsed following the date of the notification.
Use of contributions to the Department of Defense Cooperative Threat Reduction Program
Authority To enter into agreements
Authority
Subject to paragraph (2), the Secretary of Defense may enter into one or more agreements with any person (including a foreign government, international organization, multinational entity, or any other entity) that the Secretary of Defense considers appropriate under which the person contributes funds for activities conducted under the Department of Defense Cooperative Threat Reduction Program.
Requirement for secretary of state concurrence
The Secretary of Defense may enter into an agreement under this subsection only with the concurrence of the Secretary of State.
Retention and use of amounts
Notwithstanding section 3302 of title 31, United States Code, and subject to subsections (c) and (d), the Secretary of Defense may retain and obligate or expend amounts contributed pursuant to subsection (a) for purposes of the Department of Defense Cooperative Threat Reduction Program. Amounts so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available to be obligated or expended without further appropriation.
Return of amounts not obligated or expended within three years
If the Secretary of Defense does not obligate or expend an amount contributed pursuant to subsection (a) by the date that is three years after the date on which the contribution was made, the Secretary shall return the amount to the person who made the contribution.
Notice to congressional defense committees
In general
Not later than 30 days after receiving an amount contributed pursuant to subsection (a), the Secretary of Defense shall submit to the congressional defense committees a notice—
specifying the value of the contribution and the purpose for which the contribution was made; and
identifying the person who made the contribution.
Limitation on use of amounts
The Secretary of Defense may not obligate an amount contributed pursuant to subsection (a) until the date that is 15 days after the date on which the Secretary submits the notice required by paragraph (1).
Annual report
Not later than the first Monday in February of each year, the Secretary of Defense shall submit to the congressional defense committees a report on amounts contributed pursuant to subsection (a) during the preceding fiscal year. Each such report shall include, for the fiscal year covered by the report, the following:
A statement of any amounts contributed pursuant to subsection (a), including, for each such amount, the value of the contribution and the identity of the person who made the contribution.
A statement of any amounts so contributed that were obligated or expended by the Secretary of Defense, including, for each such amount, the purposes for which the amount was obligated or expended.
A statement of any amounts so contributed that were retained but not obligated or expended, including, for each such amount, the purposes (if known) for which the Secretary of Defense intends to obligate or expend the amount.
Implementation plan
The Secretary of Defense shall submit to the congressional defense committees an implementation plan for the authority provided under this section prior to obligating or expending any amounts contributed pursuant to subsection (a). The Secretary of Defense shall submit updates to such plan as needed.
Restrictions and limitations
Prohibition on use of funds for specified purposes
In general
Funds appropriated for the Department of Defense Cooperative Threat Reduction Program may not be obligated or expended for any of the following purposes:
Conducting any peacekeeping exercise or other peacekeeping-related activity.
Provision of housing.
Provision of assistance to promote environmental restoration.
Provision of assistance to promote job retraining.
Provision of assistance to promote defense conversion.
Limitation with respect to conventional weapons
Funds appropriated for the Department of Defense Cooperative Threat Reduction Program may not be obligated or expended for elimination of—
conventional weapons; or
conventional weapons delivery vehicles, unless such delivery vehicles could reasonably be used or adapted to be used for the delivery of chemical, nuclear, or biological weapons.
Requirement for on-site managers
On-Site manager requirement
Before obligating any Department of Defense Cooperative Threat Reduction Program funds for a project described in subsection (b), the Secretary of Defense shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government.
Projects covered
Subsection (a) applies to a project—
to be located in a state of the former Soviet Union;
which involves dismantlement, destruction, or storage facilities, or construction of a facility; and
with respect to which the total contribution by the Department of Defense is expected to exceed $50,000,000.
Duties of on-Site manager
The on-site manager appointed under subsection (a) shall—
develop, in cooperation with representatives from governments of states participating in the project, a list of those steps or activities critical to achieving the project’s disarmament or nonproliferation goals;
establish a schedule for completing those steps or activities;
meet with all participants to seek assurances that those steps or activities are being completed on schedule; and
suspend United States participation in a project when a non-United States participant fails to complete a scheduled step or activity on time, unless directed by the Secretary of Defense to resume United States participation.
Authority To manage more than one project
Subject to paragraph (2), an employee of the Federal Government may serve as on-site manager for more than one project, including projects at different locations.
If such an employee serves as on-site manager for more than one project in a fiscal year, the total cost of the projects for that fiscal year may not exceed $150,000,000.
Steps or activities
Steps or activities referred to in subsection (c)(1) are those activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following:
Identification and acquisition of permits (as defined in section 1623).
Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification.
Timely provision of financial, personnel, management, transportation, and other resources.
Notification to Congress
In any case in which the Secretary of Defense directs an on-site manager to resume United States participation in a project under subsection (c)(4), the Secretary shall concurrently notify the congressional defense committees of such direction.
Limitation on use of funds until certain permits obtained
In general
The Secretary of Defense shall seek to obtain all the permits required to complete each phase of construction of a project under the Department of Defense Cooperative Threat Reduction Program in a state of the former Soviet Union before obligating significant amounts of funding for that phase of the project.
Use of funds for new construction projects
Except as provided in subsection (c), with respect to a new construction project to be carried out by the Department of Defense Cooperative Threat Reduction Program, not more than 40 percent of the total costs of the project may be obligated from Department of Defense Cooperative Threat Reduction Program funds for any fiscal year until the Secretary of Defense—
determines the number and type of permits that may be required for the lifetime of the project in the proposed location or locations of the project; and
obtains from the State in which the project is to be located any permits that may be required to begin construction.
Exception to limitations on use of funds
The limitation in subsection (b) on the obligation of funds for a construction project otherwise covered by such subsection shall not apply with respect to the obligation of funds for a particular project if the Secretary of Defense—
determines that it is necessary in the national interest to obligate funds for such project; and
submits to the congressional defense committees a notification of the intent to obligate funds for such project, together with a complete discussion of the justification for doing so.
Definitions
In this section, with respect to a project under the Department of Defense Cooperative Threat Reduction Program:
New construction project
The term new construction project
means a construction project for which no funds have been obligated or expended as of November 24,
2003.
Permit
The term permit
means any local or national permit for development, general construction, environmental, land use,
or other purposes that is required for purposes of major construction.
Recurring certifications and reports
Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities
Not later than the first Monday of February each year, the Secretary of Defense shall submit to the congressional defense committees a certification for each facility for a Cooperative Threat Reduction project or activity for which construction occurred during the preceding fiscal year on matters as follows:
Whether or not such facility will be used for its intended purpose by the government of the state of the former Soviet Union in which the facility is constructed.
Whether or not the government of such state remains committed to the use of such facility for its intended purpose.
Whether those actions needed to ensure security at the facility, including secure transportation of any materials, substances, or weapons to, from, or within the facility, have been taken.
Requirement to submit summary of amounts requested by project category
Summary required
The Secretary of Defense shall submit to the congressional defense committees in the materials and manner specified in subsection (c)—
a descriptive summary, with respect to the appropriations requested for the Department of Defense Cooperative Threat Reduction Program for the fiscal year after the fiscal year in which the summary is submitted, of the amounts requested for each project category under each Department of Defense Cooperative Threat Reduction program element; and
a descriptive summary, with respect to appropriations for the Department of Defense Cooperative Threat Reduction Program for the fiscal year in which the list is submitted and the previous fiscal year, of the amounts obligated or expended, or planned to be obligated or expended, for each project category under each Department of Defense Cooperative Threat Reduction program element.
Description of purpose and intent
The descriptive summary required under subsection (a) shall include a narrative description of each program and project category under each Department of Defense Cooperative Threat Reduction program element that explains the purpose and intent of the funds requested.
Inclusion in certain materials submitted to Congress
The summary required to be submitted in a fiscal year under subsection (a) shall be set forth by project category, and by amounts specified in paragraphs (1) and (2) of that subsection in connection with such project category, in each of the following:
The annual report on activities and assistance under the Department of Defense Cooperative Threat Reduction Program required in such fiscal year under section 1633.
The budget justification materials submitted to Congress in support of the Department of Defense budget for the fiscal year succeeding such fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code).
Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program
Annual report
In any year in which the budget of the President under section 1105 of title 31, United States Code, for the fiscal year beginning in such year requests funds for the Department of Defense for assistance or activities under the Department of Defense Cooperative Threat Reduction Program, the Secretary of Defense shall, after consultation with the Secretary of State, submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on activities and assistance during the preceding fiscal year under the Department of Defense Cooperative Threat Reduction Program setting forth the matters in subsection (c).
Deadline for report
The report under subsection (a) shall be submitted not later than the first Monday in February of a year.
Matters To be included
The report under subsection (a) in a year shall set forth the following:
An estimate of the total amount that will be required to be expended by the United States in order to achieve the objectives of the Department of Defense Cooperative Threat Reduction Program.
A five-year plan setting forth the amount of funds and other resources proposed to be provided by the United States for the Department of Defense Cooperative Threat Reduction Program over the term of the plan, including the purpose for which such funds and resources will be used, and to provide guidance for the preparation of annual budget submissions with respect to the Department of Defense Cooperative Threat Reduction Program.
A description of the Department of Defense Cooperative Threat Reduction activities carried out during the fiscal year ending in the year preceding the year of the report, including—
the amounts notified, obligated, and expended for such activities and the purposes for which such amounts were notified, obligated, and expended for such fiscal year and cumulatively for the Department of Defense Cooperative Threat Reduction Program;
a description of the participation, if any, of each department and agency of the United States Government in such activities;
a description of such activities, including the forms of assistance provided;
a description of the United States private sector participation in the portion of such activities that were supported by the obligation and expenditure of funds for the Department of Defense Cooperative Threat Reduction Program; and
such other information as the Secretary of Defense considers appropriate to inform Congress fully of the operation of Department of Defense Cooperative Threat Reduction programs and activities, including with respect to proposed demilitarization or conversion projects, information on the progress toward demilitarization of facilities and the conversion of the demilitarized facilities to civilian activities.
A description of the means (including program management, audits, examinations, and other means) used by the United States during the fiscal year ending in the year preceding the year of the report to ensure that assistance provided under the Department of Defense Cooperative Threat Reduction Program is fully accounted for, that such assistance is being used for its intended purpose, and that such assistance is being used efficiently and effectively, including—
if such assistance consisted of equipment, a description of the current location of such equipment and the current condition of such equipment;
if such assistance consisted of contracts or other services, a description of the status of such contracts or services and the methods used to ensure that such contracts and services are being used for their intended purpose;
a determination whether the assistance described in subparagraphs (A) and (B) has been used for its intended purpose and an assessment of whether the assistance being provided is being used effectively and efficiently; and
a description of the efforts planned to be carried out during the fiscal year beginning in the year of the report to ensure that Department of Defense Cooperative Threat Reduction assistance provided during such fiscal year is fully accounted for and is used for its intended purpose.
A description of the defense and military activities carried out under the Department of Defense Cooperative Threat Reduction Program, including under the Defense and Military Contacts program during the fiscal year ending in the year preceding the year of the report, including—
the amounts obligated or expended for such activities;
the strategy, goals, and objectives for which such amounts were obligated and expended;
a description of the activities carried out, including the forms of assistance provided, and the justification for each form of assistance provided;
the success of each activity, including the goals and objectives achieved for each;
a description of participation by private sector entities in the United States in carrying out such activities, and the participation of any other Federal department or agency in such activities; and
any other information that the Secretary considers relevant to provide a complete description of the operation and success of activities carried out under the Department of Defense Cooperative Threat Reduction Program.
Metrics for the Department of Defense Cooperative Threat Reduction Program
The Secretary of Defense shall implement metrics to measure the impact and effectiveness of activities of the Department of Defense Cooperative Threat Reduction Program to address threats arising from the proliferation of chemical, nuclear, and biological weapons and weapons-related materials, technologies, and expertise.
Repeals and transition provision
Repeals
The following provisions of law are repealed:
Sections 212, 221, 222, and 231 of the Soviet Nuclear Threat Reduction Act of 1991 (Public Law 102–228; 22 U.S.C. 2551 note).
Sections 1412 and 1431 of the Former Soviet Union Demilitarization Act (Public Law 102–484; 22 U.S.C. 5902, 5921).
Sections 1203, 1204, 1206, and 1208 of the Cooperative Threat Reduction Act of 1993 (title XII of the National Defense Authorization Act for Fiscal Year 1994; Public Law 103–160; 22 U.S.C. 5952, 5953, 5955, 5957).
Section 1205 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 22 U.S.C. 5955 note).
Section 1501 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 50 U.S.C. 2362 note).
Section 1307 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 22 U.S.C. 5952 note).
Section 1303 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 22 U.S.C. 5952 note).
Sections 1303, 1304, 1306, and 1308 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 22 U.S.C. 5952 note, 5959).
Section 1304 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 22 U.S.C. 5952 note).
Sections 1305 and 1306 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 22 U.S.C. 5952 note).
Sections 1303, 1305, 1307, and 1308 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 22 U.S.C. 5960, 5961, 5962, and 5963).
Sections 1303, 1304, 1305, and 1306 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 22 U.S.C. 5952, 5964, 5965, and 5952 note).
Transition provision
Any determination made before the date of the enactment of this Act under section 1308(a) of the National Defense Authorization Act for Fiscal Year 2004 (22 U.S.C. 5963(a)) shall be treated as a determination under section 1612(a). Any determination made before the date of the enactment of this Act under section 1305(b) of the National Defense Authorization Act for Fiscal Year 2010 (22 U.S.C. 5965) shall be treated as a determination under section 1613(b). The requirement for a determination under section 1612 shall not apply to a state that was part of the former Soviet Union, but regular coordination practices shall apply.
Military construction authorizations
Short title
This division may be cited as the Military Construction Authorization Act for Fiscal Year 2015
.
Expiration of authorizations and amounts required to be specified by law
Expiration of authorizations after three years
Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
October 1, 2017; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018.
Exception
Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
October 1, 2017; or
the date of the enactment of an Act authorizing funds for fiscal year 2018 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
Army military construction
Authorized Army construction and land acquisition projects
Inside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
| California | Concord | $15,200,000 |
| Fort Irwin | $45,000,000 | |
| Colorado | Fort Carson | $89,000,000 |
| Hawaii | Fort Shafter | $96,000,000 |
| Kentucky | Fort Campbell | $23,000,000 |
| New York | Fort Drum | $27,000,000 |
| Pennsylvania | Letterkenny Army Depot | $16,000,000 |
| South Carolina | Fort Jackson | $52,000,000 |
| Virginia | Joint Base Langley-Eustis | $7,700,000. |
Outside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation | Amount |
| Cuba | Guantanamo Bay | $23,800,000 |
| Japan | Kadena AB | $10,600,000. |
Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
| Country | Installation | Units | Amount |
| Illinois | Rock Island | 33 | $19,500,000 |
| Korea | Camp Walker | 90 | $57,800,000. |
Authorization of appropriations, Army
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $969,012,000 as follows:
For military construction projects inside the United States authorized by section 2101(a), $370,900,000.
For military construction projects outside the United States authorized by section 2101(b), $34,400,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $25,000,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $51,127,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $78,609,000.
For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $350,976,000.
For the construction of increment 3 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119), $58,000,000.
Modification of authority to carry out certain fiscal year 2004 project
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of an Explosives Research and Development Loading Facility at the installation, the Secretary of the Army may use available unobligated balances of amounts appropriated for military construction for the Army to complete work on the project within the scope specified for the project in the justification data provided to Congress as part of the request for authorization of the project.
Modification of authority to carry out certain fiscal year 2013 projects
Fort Drum
In executing the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Drum, New York, for construction of an Aircraft Maintenance Hangar at the installation, the Secretary of the Army may provide a capital contribution to a public or private utility company in order for the utility company to extend the utility company's gas line to the installation boundary.
The capital contribution under subsection (a) is not considered a change in the scope of work under section 2853 of title 10, United States Code.
Fort Leonard Wood
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Leonard Wood, Missouri, for construction of Battalion Complex Facilities at the installation, the Secretary of the Army may construct the Battalion Headquarters with classrooms for a unit other than a Global Defense Posture Realignment unit.
Fort McNair
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort McNair, District of Columbia, for construction of a Vehicle Storage Building at the installation, the Secretary of the Army may construct up to 20,227 square feet of vehicle storage.
Extension of authorizations of certain fiscal year 2011 project
Extensions
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (124 Stat. 4437), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) as follows:
| State/Country | Installation
or Location | Project | Amount |
| Georgia | Fort Benning | Land Acquisition | $12,200,000. |
Extension of authorizations of certain fiscal year 2012 projects
Extensions
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (125 Stat. 1661), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) as follows:
| State | Installation or Location | Project | Amount |
| Georgia | Fort Benning | Land Acquisition | $5,100,000 |
| Land Acquisition | $25,000,000 | ||
| North Carolina | Fort Bragg | Unmanned Aerial Vehicle Maintenance Hangar | $54,000,000 |
| Texas | Fort Bliss | Applied Instruction Building | $8,300,000 |
| Vehicle Maintenance Facility | $19,000,000 | ||
| Fort Hood | Unmanned Aerial Vehicle Maintenance Hangar | $47,000,000 | |
| Virginia | Fort Belvoir | Road and Infrastructure Improvements | $25,000,000. |
Navy military construction
Authorized Navy construction and land acquisition projects
Inside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
| Arizona | Yuma | $16,608,000 |
| California | Bridgeport | $16,180,000 |
| San Diego | $47,110,000 | |
| District of Columbia | Naval Support Activity Washington | $31,735,000 |
| Florida | Jacksonville | $30,235,000 |
| Mayport | $20,520,000 | |
| Hawaii | Kaneohe Bay | $53,382,000 |
| Pearl Harbor | $9,698,000 | |
| Maryland | Annapolis | $120,112,000 |
| Indian Head | $15,346,000 | |
| Patuxent River | $9,860,000 | |
| Nevada | Fallon | $31,262,000 |
| North Carolina | Cherry Point Marine Corps Air Station | $41,588,000 |
| Pennsylvania | Philadelphia | $23,985,000 |
| South Carolina | Charleston | $35,716,000 |
| Virginia | Dahlgren | $27,313,000 |
| Norfolk | $39,274,000 | |
| Portsmouth | $9,743,000 | |
| Quantico | $12,613,000 | |
| Yorktown | $26,988,000 | |
| Washington | Bremerton | $16,401,000 |
| Port Angeles | $20,638,000 | |
| Whidbey Island | $24,390,000. |
Outside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:
| Country | Installation | Amount |
| Bahrain Island | SW Asia | $27,826,000 |
| Djibouti | Camp Lemonier | $9,923,000 |
| Guam | Joint Region Marianas | $50,651,000 |
| Japan | Iwakuni | $6,415,000 |
| Kadena AB | $19,411,000 | |
| MCAS Futenma | $4,639,000 | |
| Okinawa | $35,685,000 | |
| Spain | Rota | $20,233,000 |
| Worldwide Unspecified | Unspecified Worldwide Locations | $38,985,000. |
Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $472,000.
Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $15,940,000.
Authorization of appropriations, Navy
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $1,389,213,000, as follows:
For military construction projects inside the United States authorized by section 2201(a), $680,697,000.
For military construction projects outside the United States authorized by section 2201(b), $213,768,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $7,163,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $33,366,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $16,412,000.
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $354,029,000.
For the construction of increment 4 of the Explosives Handling Wharf No. 2 at Kitsap, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), as amended by section 2205 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2124) $83,778,000.
Modification of authority to carry out certain fiscal year 2012 projects
Yuma
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Yuma, Arizona, for construction of a Double Aircraft Maintenance Hangar, the Secretary of the Navy may construct up to approximately 70,000 square feet of additional apron to be utilized as a taxi-lane using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667).
Camp Pendleton
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Camp Pendleton, California, for construction of an Infantry Squad Defense Range, the Secretary of the Navy may construct up to 9,000 square feet of vehicular bridge using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667).
Kings Bay
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Kings Bay, Georgia, for construction of a Crab Island Security Enclave, the Secretary of the Navy may expand the enclave fencing system to three layers of fencing and construct two elevated fixed fighting positions with associated supporting facilities using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667).
Modification of authority to carry out certain fiscal year 2014 project
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 989), for Yorktown, Virginia, for construction of Small Arms Ranges, the Secretary of the Navy may construct 240 square meters of armory, 48 square meters of Safety Officer/Target Storage Building, and 667 square meters of Range Operations Building using appropriations available for the project pursuant to the authorization of appropriations in section 2204 of such Act (127 Stat. 990).
Extension of authorizations of certain fiscal year 2011 projects
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (124 Stat. 4441) and extended by section 2207 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 991), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
| State/Country | Installation or Location | Project | Amount |
| Bahrain | Southwest Asia | Navy Central Command Ammunition Magazines | $89,280,000 |
| Guam | Naval Activities, Guam | Defense Access Roads Improvements | $66,730,000. |
Extension of authorizations of certain fiscal year 2012 projects
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (125 Stat. 1666), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
| State/Country | Installation or Location | Project | Amount |
| California | Camp Pendleton | North Area Waste Water Conveyance | $78,271,000 |
| Infantry Squad Defense Range | $29,187,000 | ||
| Twentynine Palms | Land Expansion | $8,665,000 | |
| Florida | Jacksonville | P–8A Hangar Upgrades | $6,085,000 |
| Georgia | Kings Bay | Crab Island Security Enclave | $52,913,000 |
| WRA Land/Water Interface | $33,150,000 | ||
| Maryland | Patuxent River | Aircraft Prototype Facility Phase 2 | $45,844,000. |
Air Force military construction
Authorized Air Force construction and land acquisition projects
Inside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
| Alaska | Clear AFS | $11,500,000 |
| Arizona | Luke AFB | $26,800,000 |
| Kansas | McConnell AFB | $34,400,000 |
| Massachusetts | Hanscom AFB | $13,500,000 |
| Nevada | Nellis AFB | $53,900,000 |
| New Jersey | Joint Base McGuire-Dix-Lakehurst | $5,900,000 |
| Oklahoma | Tinker AFB | $111,000,000 |
| Texas | Joint Base San Antonio | $5,800,000. |
Outside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation | Amount |
| Guam | Joint Region Marianas | $13,400,000 |
| United Kingdom | Croughton RAF | $92,223,000. |
Authorization of appropriations, Air Force
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,139,521,000, as follows:
For military construction projects inside the United States authorized by section 2301(a), $262,800,000.
For military construction projects outside the United States authorized by section 2301(b), $105,623,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $22,613,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $10,738,000.
For military family housing functions:
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $327,747,000.
For the construction of increment 2 of the United States Cyber Command Joint Operations Center at Fort Meade, Maryland, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 992), $166,000,000.
For the construction of increment 4 of the United States Strategic Command Replacement Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1670), $180,000,000.
For the construction of increment 2 of the Guam Strike Fuel Systems Maintenance Hangar at Joint Base Marianas, Guam, authorized by section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1671), $64,000,000.
Modification of authority to carry out certain fiscal year 2008 project
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 515), for Shaw Air Force Base, South Carolina, for Base Infrastructure at that location, the Secretary of the Air Force may acquire fee or lesser real property interests in approximately 11.5 acres of land contiguous to Shaw Air Force Base for the project using funds appropriated to the Department of the Air Force for construction in years prior to fiscal year 2015.
Extension of authorizations of certain fiscal year 2011 project
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
| State | Installation
or Location | Project | Amount |
| Bahrain, SW Asia | Shaikh Isa AB | North Apron Expansion | $45,000,000. |
Extension of authorizations of certain fiscal year 2012 project
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 111–383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
| State | Installation
or Location | Project | Amount |
| Alaska | Eielson AFB | Dormitory (168 RM) | $45,000,000 |
| Italy | Sigonella Naval Air Station | UAS SATCOM Relay Pads and Facility | $15,000,000. |
Defense agencies military construction
Defense agency authorizations
Authorized defense agencies construction and land acquisition projects
Inside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
| Arizona | Fort Huachuca | $1,871,000 |
| California | Camp Pendleton | $11,841,000 |
| Coronado | $70,340,000 | |
| Lemoore | $52,500,000 | |
| Colorado | Peterson AFB | $15,200,000 |
| Conus Classified | Classified Location | $53,073,000 |
| Georgia | Hunter Army Airfield | $7,692,000 |
| Robins AFB | $19,900,000 | |
| Hawaii | Joint Base Pearl Harbor-Hickam | $52,900,000 |
| Kentucky | Fort Campbell | $18,000,000 |
| Maryland | Fort Meade | $54,207,000 |
| Joint Base Andrews | $18,300,000 | |
| Mississippi | Stennis | $27,547,000 |
| Michigan | Selfridge ANGB | $35,100,000 |
| Nevada | Fallon | $20,241,000 |
| New Mexico | Cannon AFB | $23,333,000 |
| North Carolina | Camp Lejeune | $52,748,000 |
| Fort Bragg | $93,136,000 | |
| Seymour Johnson AFB | $8,500,000 | |
| South Carolina | Beaufort | $40,600,000 |
| South Dakota | Ellsworth AFB | $8,000,000 |
| Texas | Joint Base San Antonio | $38,300,000 |
| Virginia | Craney Island | $36,500,000 |
| Def Distribution Depot Richmond | $5,700,000 | |
| Fort Belvoir | $7,239,000 | |
| Joint Base Langley-Eustis | $41,200,000 | |
| Joint Expeditionary Base Little Creek-Story | $39,588,000 | |
| Pentagon | $15,100,000. |
Outside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation | Amount |
| Australia | Geraldton | $9,600,000 |
| Belgium | Brussels | $79,544,000 |
| Cuba | Guantanamo Bay | $76,290,000 |
| Japan | Misawa AB | $37,775,000 |
| Okinawa | $170,901,000 | |
| Sasebo | $37,681,000. |
Authorized energy conservation projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of $150,000,000.
Authorization of appropriations, defense agencies
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $2,124,652,000, as follows:
For military construction projects inside the United States authorized by section 2401(a), $868,656,000.
For military construction projects outside the United States authorized by section 2401(b), $411,791,000.
For unspecified minor military construction projects under section 2805 of title 10, United States Code, $43,487,000.
For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $9,000,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $142,240,000.
For energy conservation projects under chapter 173 of title 10, United States Code, $150,000,000.
For military family housing functions:
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $61,100,000.
For credits (including amounts authorized for and appropriated) to the Department of Defense Family Housing Improvement Fund for functions under section 2883 of title 10, United States Code, $1,662,000.
For credits to the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374).
For the construction of increment 6 of the Hospital Replacement at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2642), $131,500,000.
For the construction of increment 3 of the NSAW Recapitalize Building #1 at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2127), $45,521,000.
For the construction of increment 4 of the Medical Center Replacement at Rhine Ordnance Barracks, Germany, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1673), as amended by section 2404(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2131), $259,695,000.
Extension of authorizations of certain fiscal year 2011 project
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act (124 Stat. 4446), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
| State/Country | Installation
or Location | Project | Amount |
| District of Columbia | Bolling Air Force Base | Cooling Tower Expansion | $2,070,000 |
| DIAC Parking Garage | $13,586,000 | ||
| Electrical Upgrades | $1,080,000. |
Extension of authorizations of certain fiscal year 2012 projects
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorization set forth in the table in subsection (b), as provided in section 2401 of that Act (125 Stat. 1673), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
| State | Installation
or Location | Project | Amount |
| Italy | USAG Vicenza | Vicenza High School (Replacement) | $41,864,000 |
| Germany | USAG Baumholder | Wetzel-Smith Elementary School (Replacement) | $59,419,000 |
| Japan | Yokota Air Base | Yokota High School (Replace/Renovate) | $49,606,000. |
Extension of authorizations of certain fiscal year 2012 projects
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act (125 Stat. 1672), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
| State | Installation
or Location | Project | Amount |
| California | Coronado | SOF Support Activity Operations Facility | $42,000,000 |
| Virginia | Pentagon Reservation | Heliport Control Tower and Fire Station | $6,457,000 |
| Pentagon Memorial Pedestrian Plaza | $2,285,000. |
Chemical demilitarization authorizations
Authorization of appropriations, chemical demilitarization construction, defense-wide
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for the construction of phase XV of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B Public Law 111–383; 124 Stat. 4450), $38,715,000.
Modification of authority to carry out certain fiscal year 2000 project
Modification
The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4450), is amended—
in the item relating to Blue Grass Army Depot, Kentucky, by striking $746,000,000
in the amount column and inserting $780,000,000
; and
by striking the amount identified as the total in the amount column and inserting $1,237,920,000
.
Conforming amendment
Section 2405(b)(3) of the Military Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106–65; 113 Stat. 839), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107–107; 115 Stat. 1298), section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of Public
Law 107–314; 116 Stat. 2698), section 2414 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417;
122 Stat. 4697), and section 2412 of the Military Construction
Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383;
124 Stat. 4450), is further amended by striking $723,200,000
and inserting $757,200,000
.
North Atlantic Treaty Organization Security Investment Program
Authorized NATO construction and land acquisition projects
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
Authorization of appropriations, NATO
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2012, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $199,700,000.
Guard and reserve forces facilities
Project authorizations and authorization of appropriations
Authorized Army National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
| Maine | Augusta | $32,000,000 |
| Maryland | Havre de Grace | $12,400,000 |
| Montana | Helena | $38,000,000 |
| North Dakota | Valley City | $10,800,000 |
| Vermont | North Hyde Park | $4,400,000. |
Authorized Army Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
| California | Fresno | $22,000,000 |
| Colorado | Fort Carson | $5,000,000 |
| New Jersey | Joint Base McGuire-Dix-Lakehurst | $26,000,000 |
| New York | Mattydale | $23,000,000 |
| Virginia | Fort Lee | $16,000,000. |
Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
| Pennsylvania | Pittsburgh | $17,650,000 |
| Washington | Whidbey Island | $27,755,000. |
Authorized Air National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
| Connecticut | Bradley International Airport | $16,306,000 |
| Iowa | Des Moines Municipal Airport | $8,993,000 |
| Michigan | W.K. Kellogg Regional Airport | $6,000,000 |
| New Hampshire | Pease International Trade Port | $41,902,000 |
| Pennsylvania | Horsham Air Guard Station (Willow Grove) | $5,662,000. |
Authorized Air Force Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
| Georgia | Robins AFB | $27,700,000 |
| North Carolina | Seymour Johnson AFB | $9,800,000 |
| Texas | Fort Worth | $3,700,000. |
Authorization of appropriations, National Guard and Reserve
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts:
For the Department of the Army, for the Army National Guard of the United States, $126,920,000.
For the Department of the Army, for the Army Reserve, $103,946,000.
For the Department of the Navy, for the Navy and Marine Corps Reserve, $51,528,000.
For the Department of the Air Force, for the Air National Guard of the United States, $94,663,000.
For the Department of the Air Force, for the Air Force Reserve, $49,492,000.
Other matters
Modification and extension of authority to carry out certain fiscal year 2012 projects
Kansas City
In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Kansas City, Kansas, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Kansas City, construct a new facility in the vicinity of Kansas City, Kansas.
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorization set forth in subsection (a) shall remain in effect until October 1, 2018, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2019, whichever is later.
Attleboro
In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Attleboro, Massachusetts, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Attleboro, construct a new facility in the vicinity of Attleboro, Massachusetts.
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorization set forth in subsection (a) shall remain in effect until October 1, 2018, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2019, whichever is later.
Modification of authority to carry out certain fiscal year 2013 project
In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2134) for Stormville, New York, for construction of a Combined Support Maintenance Shop Phase I, the Secretary of the Army may instead construct the facility at Camp Smith, New York and build a 53,760 square foot maintenance facility in lieu of a 75,156 square foot maintenance facility.
Extension of authorization of certain fiscal year 2011 project
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2601 of that Act (124 Stat. 4452), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
Reserve Project Authorization
| State | Installation | Project | Amount |
| Puerto Rico | Camp Santiago | Multi Purpose Machine Gun Range | $9,200,000. |
Base realignment and closure activities
Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, in the total amount of $270,085,000, as follows:
For the Department of the Army, $84,417,000.
For the Department of the Navy, $94,692,000.
For the Department of the Air Force, $90,976,000.
Military construction general provisions
Revisions to minor military construction authorities
Establishment of minor military construction exception threshold
Subsection (a) of section 2805 of title 10, United States Code, is amended by adding at the end the following new paragraph:
For purposes of this section, the minor military construction exception threshold is $4,000,000.
.
Increase in dollar thresholds for certain authorities relating to unspecified minor military construction
Maximum amount for projects to correct deficiencies that are life-, health-, or safety-threatening
Subsection (a)(2) of such section is amended by striking $3,000,000
in the second sentence and inserting the minor military construction exception threshold
.
Increase in maximum amount of operation and maintenance funds authorized to be used for certain projects
Subsection (c) of such section is amended by striking $750,000
and inserting $1,000,000
.
Increased threshold for application of secretarial approval and congressional notification requirements
Subsection (b)(1) of such section is amended by striking $750,000
and inserting the amount specified in subsection (c)
.
Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities
Section 2805 of title 10, United States Code, is amended by adding at the end the following new subsection:
Adjustment of dollar limitations for location
Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project.
.
Change in authorities relating to scope of work variations for military construction projects
Limited authority for scope of work increase
Section 2853 of title 10, United States Code, is amended—
in subsection (b)(2), by striking The scope of work
and inserting Except as provided in subsection (d), the scope of work
;
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
by inserting after subsection (c) the following new subsection (d):
The limitation in subsection (b)(2) on an increase in the scope of work does not apply if—
the increase in the scope of work is not more than 10 percent of the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition;
the increase is approved by the Secretary concerned;
the Secretary concerned notifies the appropriate committees of Congress in writing of the increase in scope and the reasons therefor; and
a period of 21 days has elapsed after the date on which the notification is received by the committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.
.
Cross-Reference amendments
Subsection (a) of such section is amended by striking subsection (c) or (d)
and inserting subsection (c), (d), or (e)
.
Subsection (f) of such section, as redesignated by subsection (a)(2), is amended by striking through (d)
and inserting through (e)
.
Additional technical amendments
Conformity with general title 10 style
Subsection (a) of such section is further amended by inserting of this title
after section 2805(a)
.
Deletion of surplus word
Subsection (c)(1)(A) of such section is amended by striking be
after Congress can
.
Modification of Department of Defense authority to accept financial incentives, goods, or services under the authority of energy savings contracts and activities
Authority To accept from State and local government
Section 2913(c) of title 10, United States Code, is amended by inserting or a State or local government,
after a gas or electric utility,
.
Retention of receipts
Section 2912(c) of such title is amended by striking from gas or electric utilities
.
Clarification of authority to enter into energy saving performance contracts
Definition of energy savings
Paragraph (2)(A) of section 804 of the National Energy Conservation Policy Act (42 U.S.C. 8287c) is amended—
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and
by inserting after clause (i) the following new clause (ii):
with respect to operating equipment covered by a lease or purchase referred to in clause (i)—
repair or modification of existing buildings and infrastructure to accommodate the operating equipment; or
construction of buildings, structures, and infrastructure to accommodate the operating equipment in order to provide necessary support to the primary function of the operating equipment;
.
Oversight
Section 801 of such Act (42 U.S.C. 8287) is amended by adding at the end the following new subsection:
Additional rules for Department of Defense
With respect to the Department of Defense—
when a decision to carry out an energy savings performance contract that includes construction of a new facility with an estimated value of $10,000,000 or more or a new facility that will cover more than 5,000 square feet of land, the project shall be subject to the same requirements and limitations as apply under section 2805(b)(2) of title 10, United States Code, to a project subject to that section; and
when a decision is made to carry out an energy savings performance contract that includes a repair project with an estimated cost of $7,500,000 or more, the project shall be subject to the same requirements and limitations as apply under section 2811 of title 10, United States Code, to a project subject to that section.
.
Production and use of natural gas at Fort Knox, Kentucky
In general
Chapter 449 of title 10, United States Code, is amended by adding at the end the following new section:
Natural gas: production, treatment, management, and use at Fort Knox, Kentucky
Authority
The Secretary of the Army may provide, by contract or otherwise, for the production, treatment, management, and use of natural gas located under Fort Knox, Kentucky, without regard to section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352).
Limitation on uses
Any natural gas produced under the authority of subsection (a) may only be used to support activities and operations at Fort Knox and may not be sold for use elsewhere.
Ownership of facilities
The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from a contractor in accordance with the terms of a contract or other agreement entered into pursuant to subsection (a).
.
Limitation on application elsewhere
Nothing in this section shall be construed as authorizing the production, treatment, management, or use of natural gas resources underlying any Department of Defense installation other than Fort Knox.
Effective date
The authority of the Secretary of the Army under section 4781 of title 10, United States Code, as added by subsection (a), is effective as of August 2, 2007.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
4781. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky.
.
Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions
Authority To credit reimbursed funds to accounts currently available
The first sentence of section 2695(c) of title 10, United States Code, is amended—
by striking shall be credited to
and inserting shall be credited, at the option of the Secretary concerned, to (1)
; and
by inserting before the period at the end the following: , or (2) an appropriation, fund, or account currently available to the Secretary for the purposes
for which the expenses were paid
.
Prospective applicability
The amendments made by subsection (a) shall not apply with respect to expenses incurred with appropriations provided to the Secretary of a military department before the date of the enactment of this Act.
Defense base closure and realignment
Short title and purpose
Short title
This title may be cited as the Defense Base Closure and Realignment Act of 2014
.
Purpose
The purpose of this title is to provide a fair process that will result in the timely closure and realignment of military installations inside the United States.
The Commission
Establishment
There is established an independent commission to be known as the Defense Base Closure and Realignment Commission
.
Duties
The Commission shall carry out the duties specified for it in this title.
Appointment
The Commission shall be composed of nine members appointed by the President, by and with the advice and consent of the Senate.
Subject to the certifications required under section 2903(b), the President may commence a round for the selection of military installations for closure and realignment under this title in 2017 by transmitting to the Senate, not later than March 1, 2017, nominations for appointment to the Commission.
If the President does not transmit to Congress the nominations for appointment to the Commission on or before the date specified, the process by which military installations may be selected for closure or realignment under this title with respect to that year shall be terminated.
In selecting individuals for nominations for appointments to the Commission, the President should consult with—
the Speaker of the House of Representatives concerning the appointment of two members;
the majority leader of the Senate concerning the appointment of two members;
the minority leader of the House of Representatives concerning the appointment of one member; and
the minority leader of the Senate concerning the appointment of one member.
At the time the President nominates individuals for appointment to the Commission for each session of Congress referred to in paragraph (1)(B), the President shall designate one such individual who shall serve as Chairman of the Commission.
Terms
Except as provided in paragraph (2), each member of the Commission shall serve until the adjournment of Congress sine die for the session during which the member was appointed to the Commission.
The Chairman of the Commission shall serve until the confirmation of a successor.
Meetings
The Commission shall meet only during calendar year 2017.
Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public.
All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following:
The Chairman and the ranking minority party member of the Subcommittee on Readiness and Management Support of the Committee on Armed Services of the Senate, or such other members of the Subcommittee designated by such Chairman or ranking minority party member.
The Chairman and the ranking minority party member of the Subcommittee on Readiness of the Committee on Armed Services of the House of Representatives, or such other members of the Subcommittee designated by such Chairman or ranking minority party member.
The Chairmen and ranking minority party members of the subcommittees with jurisdiction for military construction of the Committees on Appropriations of the Senate and of the House of Representatives, or such other members of the subcommittees designated by such Chairmen or ranking minority party members.
Vacancies
A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed.
Pay and travel expenses
Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission.
The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314, of title 5, United States Code.
Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.
Director of staff
The Commission shall, without regard to section 5311 of title 5, United States Code, appoint a Director who has not served on active duty in the armed forces or as a civilian employee of the Department of Defense during the one-year period preceding the date of such appointment.
The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
Staff
Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel.
The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for GS–15 of the General Schedule.
Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense.
Not more than one-fifth of the professional analysts of the Commission staff may be persons detailed from the Department of Defense to the Commission.
No person detailed from the Department of Defense to the Commission may be assigned as the lead professional analyst with respect to a military department or defense agency.
A person may not be detailed from the Department of Defense to the Commission if, within 12 months before the detail is to begin, that person participated personally and substantially in any matter within the Department of Defense concerning the preparation of recommendations for closures or realignments of military installations.
No member of the armed forces, and no officer or employee of the Department of Defense, may—
prepare any report concerning the effectiveness, fitness, or efficiency of the performance on the staff of the Commission of any person detailed from the Department of Defense to that staff;
review the preparation of such a report; or
approve or disapprove such a report.
Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this title.
The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission.
The following restrictions relating to the personnel of the Commission shall apply during the period beginning January 1, 2018, and ending April 15, 2018:
There may not be more than 15 persons on the staff at any one time.
The staff may perform only such functions as are necessary to prepare for the transition to new membership on the Commission in the following year.
No member of the armed forces and no employee of the Department of Defense may serve on the staff.
Other authority
The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code.
The Commission may lease space and acquire personal property to the extent funds are available.
Funding
There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this title. Such funds shall remain available until expended.
If no funds are appropriated to the Commission by the end of the second session of the 114th Congress, the Secretary of Defense may transfer to the Commission for purposes of its activities under this title in that year such funds as the Commission may require to carry out such activities. The Secretary may transfer funds under the preceding sentence from any funds available to the Secretary. Funds so transferred shall remain available to the Commission for such purposes until expended.
Termination
The Commission shall terminate on April 15, 2018.
Prohibition against restricting communications
Section 1034 of title 10, United States Code, shall apply with respect to communications with the Commission.
Procedure for making recommendations for base closures and realignments
Force-Structure plan and infrastructure inventory
Preparation and submission
As part of the budget justification documents submitted to Congress in support of the budget for the Department of Defense for fiscal year 2017, the Secretary shall submit to Congress the following:
A force-structure plan for the armed forces based on an assessment by the Secretary of the probable threats to the national security during the 20-year period beginning with that fiscal year, the probable end-strength levels and major military force units (including land force divisions, carrier and other major combatant vessels, air wings, and other comparable units) needed to meet these threats, and the anticipated levels of funding that will be available for national defense purposes during such period.
A comprehensive inventory of military installations worldwide for each military department, with specifications of the number and type of facilities in the active and reserve forces of each military department.
Relationship of plan and inventory
Using the force-structure plan and infrastructure inventory prepared under paragraph (1), the Secretary shall prepare (and include as part of the submission of such plan and inventory) the following:
A description of the infrastructure necessary to support the force structure described in the force-structure plan.
A discussion of categories of excess infrastructure and infrastructure capacity.
An economic analysis of the effect of the closure or realignment of military installations to reduce excess infrastructure.
Special considerations
In determining the level of necessary versus excess infrastructure under paragraph (2), the Secretary shall consider the following:
The anticipated continuing need for and availability of military installations outside the United States, taking into account current restrictions on the use of military installations outside the United States and the potential for future prohibitions or restrictions on the use of such military installations.
Any efficiencies that may be gained from joint tenancy by more than one branch of the armed forces at a military installation.
Revision
The Secretary may revise the force-structure plan and infrastructure inventory. If the Secretary makes such a revision, the Secretary shall submit the revised plan or inventory to Congress not later than March 15th of the year following the year in which such plan was first submitted. For purposes of selecting military installations for closure or realignment under this title in the year in which a revision is submitted, no revision of the force-structure plan or infrastructure inventory is authorized after that date.
Certification of need for further closures and realignments
Certification required
On the basis of the force-structure plan and infrastructure inventory prepared under subsection (a) and the descriptions and economic analysis prepared under such subsection, the Secretary shall include as part of the submission of the plan and inventory—
a certification regarding whether the need exists for the closure or realignment of additional military installations; and
if such need exists, a certification that the additional round of closures and realignments would result in annual net savings for each of the military departments beginning not later than six years following the commencement of such closures and realignments.
Effect of failure to certify
If the Secretary does not include the certifications referred to in paragraph (1), the President may not commence a round for the selection of military installations for closure and realignment under this title in the year following submission of the force-structure plan and infrastructure inventory.
Comptroller general evaluation
Evaluation required
If the certification is provided under subsection (b), the Comptroller General shall prepare an evaluation of the following:
The force-structure plan and infrastructure inventory prepared under subsection (a) and the final selection criteria specified in paragraph (d), including an evaluation of the accuracy and analytical sufficiency of such plan, inventory, and criteria.
The need for the closure or realignment of additional military installations.
Submission
The Comptroller General shall submit the evaluation to Congress not later than 60 days after the date on which the force-structure plan and infrastructure inventory are submitted to Congress.
Final selection criteria
In general
The final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this title in 2017 shall be the military value and other criteria specified in paragraphs (2) and (3).
Military value criteria
The military value criteria are as follows:
The current and future mission capabilities and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, and readiness.
The availability and condition of land, facilities, and associated airspace (including training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas and staging areas for the use of the armed forces in homeland defense missions) at both existing and potential receiving locations.
The ability to accommodate contingency, mobilization, surge, and future total force requirements at both existing and potential receiving locations to support operations and training.
The cost of operations and the manpower implications.
Other criteria
The other criteria that the Secretary shall use in making recommendations for the closure or realignment of military installations inside the United States under this title in 2017 are as follows:
The extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed the costs.
The economic impact on existing communities in the vicinity of military installations.
The ability of the infrastructure of both the existing and potential receiving communities to support forces, missions, and personnel.
The environmental impact, including the impact of costs related to potential environmental restoration, waste management, and environmental compliance activities.
Priority given to military value
The Secretary shall give priority consideration to the military value criteria specified in subsection (d)(2) in the making of recommendations for the closure or realignment of military installations.
Effect on department and other agency costs
The selection criteria relating to the cost savings or return on investment from the proposed closure or realignment of military installations shall take into account the effect of the proposed closure or realignment on the costs of any other activity of the Department of Defense or any other Federal agency that may be required to assume responsibility for activities at the military installations.
Relation to other materials
The final selection criteria specified in this section shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in subsection (a), in making recommendations for the closure or realignment of military installations inside the United States under this title in 2017.
DOD recommendations
If the Secretary makes the certifications required under subsection (b), the Secretary shall, by no later than May 12, 2017, publish in the Federal Register and transmit to the congressional defense committees and to the Commission a list of the military installations inside the United States that the Secretary recommends for closure or realignment on the basis of the force-structure plan and infrastructure inventory prepared by the Secretary under subsection (a) and the final selection criteria specified in subsection (d) that are applicable to the year concerned.
The Secretary shall include, with the list of recommendations published and transmitted pursuant to paragraph (1), a summary of the selection process that resulted in the recommendation for each installation, including a justification for each recommendation. The Secretary shall transmit the matters referred to in the preceding sentence not later than 7 days after the date of the transmittal to the congressional defense committees and the Commission of the list referred to in paragraph (1).
In considering military installations for closure or realignment, the Secretary shall consider all military installations inside the United States equally without regard to whether the installation has been previously considered or proposed for closure or realignment by the Department.
In considering military installations for closure or realignment, the Secretary may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installation.
For purposes of subparagraph (B), in the case of a community anticipating the economic effects of a closure or realignment of a military installation, advance conversion planning—
shall include community adjustment and economic diversification planning undertaken by the community before an anticipated selection of a military installation in or near the community for closure or realignment; and
may include the development of contingency redevelopment plans, plans for economic development and diversification, and plans for the joint use (including civilian and military use, public and private use, civilian dual use, and civilian shared use) of the property or facilities of the installation after the anticipated closure or realignment.
In making recommendations to the Commission, the Secretary shall consider any notice received from a local government in the vicinity of a military installation that the government would approve of the closure or realignment of the installation.
Notwithstanding the requirement in subparagraph (D), the Secretary shall make the recommendations referred to in that subparagraph based on the force-structure plan, infrastructure inventory, and final selection criteria otherwise applicable to such recommendations.
The recommendations shall include a statement of the result of the consideration of any notice described in subparagraph (D) that is received with respect to a military installation covered by such recommendations. The statement shall set forth the reasons for the result.
In addition to making all information used by the Secretary to prepare the recommendations under this subsection available to Congress (including any committee or Member of Congress), the Secretary shall also make such information available to the Commission and the Comptroller General of the United States.
Each person referred to in subparagraph (B), when submitting information to the Secretary of Defense or the Commission concerning the closure or realignment of a military installation, shall certify that such information is accurate and complete to the best of that person's knowledge and belief.
Subparagraph (A) applies to the following persons:
The Secretaries of the military departments.
The heads of the Defense Agencies.
Each person who is in a position the duties of which include personal and substantial involvement in the preparation and submission of information and recommendations concerning the closure or realignment of military installations, as designated in regulations which the Secretary of Defense shall prescribe, regulations which the Secretary of each military department shall prescribe for personnel within that military department, or regulations which the head of each Defense Agency shall prescribe for personnel within that Defense Agency.
Any information provided to the Commission by a person described in paragraph (5)(B) shall also be submitted to the Senate and the House of Representatives to be made available to the Members of the House concerned in accordance with the rules of that House. The information shall be submitted to the Senate and House of Representatives within 48 hours after the submission of the information to the Commission.
Review and recommendations by the commission
After receiving the recommendations from the Secretary pursuant to subsection (h) for any year, the Commission shall conduct public hearings on the recommendations. All testimony before the Commission at a public hearing conducted under this paragraph shall be presented under oath.
The Commission shall, by no later than October 1 of each year in which the Secretary transmits recommendations to it pursuant to subsection (h), transmit to the President a report containing the Commission’s findings and conclusions based on a review and analysis of the recommendations made by the Secretary, together with the Commission’s recommendations for closures and realignments of military installations inside the United States.
Subject to subparagraphs (C) and (E), in making its recommendations, the Commission may make changes in any of the recommendations made by the Secretary if the Commission determines that the Secretary deviated substantially from the force-structure plan and final criteria referred to in subsection (d)(1) in making recommendations.
In the case of a change described in subparagraph (D) in the recommendations made by the Secretary, the Commission may make the change only if—
the Commission—
makes the determination required by subparagraph (B);
determines that the change is consistent with the force-structure plan and final criteria referred to in subsection (d)(1);
publishes a notice of the proposed change in the Federal Register not less than 45 days before transmitting its recommendations to the President pursuant to subparagraph (A); and
conducts public hearings on the proposed change;
at least two members of the Commission visit the military installation before the date of the transmittal of the report; and
the decision of the Commission to make the change is supported by at least seven members of the Commission.
Subparagraph (C) shall apply to a change by the Commission in the Secretary’s recommendations that would—
add a military installation to the list of military installations recommended by the Secretary for closure;
add a military installation to the list of military installations recommended by the Secretary for realignment; or
increase the extent of a realignment of a particular military installation recommended by the Secretary.
The Commission may not consider making a change in the recommendations of the Secretary that would add a military installation to the Secretary's list of installations recommended for closure or realignment unless, in addition to the requirements of subparagraph (C)—
the Commission provides the Secretary with at least a 15-day period, before making the change, in which to submit an explanation of the reasons why the installation was not included on the closure or realignment list by the Secretary; and
the decision to add the installation for Commission consideration is supported by at least seven members of the Commission.
In making recommendations under this paragraph, the Commission may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of a military installation.
The Commission shall explain and justify in its report submitted to the President pursuant to paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the Secretary pursuant to subsection (h). The Commission shall transmit a copy of such report to the congressional defense committees on the same date on which it transmits its recommendations to the President under paragraph (2).
After October 1 of each year in which the Commission transmits recommendations to the President under this subsection, the Commission shall promptly provide, upon request, to any Member of Congress information used by the Commission in making its recommendations.
The Comptroller General of the United States shall—
assist the Commission, to the extent requested, in the Commission’s review and analysis of the recommendations made by the Secretary pursuant to subsection (h); and
by no later than July 1 of each year in which the Secretary makes such recommendations, transmit to the Congress and to the Commission a report containing a detailed analysis of the Secretary’s recommendations and selection process.
Review by the president
The President shall, by no later than October 15 of each year in which the Commission makes recommendations under subsection (i), transmit to the Commission and to the Congress a report containing the President’s approval or disapproval of the Commission’s recommendations.
If the President approves all the recommendations of the Commission, the President shall transmit a copy of such recommendations to the Congress, together with a certification of such approval.
If the President disapproves the recommendations of the Commission, in whole or in part, the President shall transmit to the Commission and the Congress the reasons for that disapproval. The Commission shall then transmit to the President, by no later than November 18 of the year concerned, a revised list of recommendations for the closure and realignment of military installations.
If the President approves all of the revised recommendations of the Commission transmitted to the President under paragraph (3), the President shall transmit a copy of such revised recommendations to the Congress, together with a certification of such approval.
If the President does not transmit to the Congress an approval and certification described in paragraph (2) or (4) by December 2 of any year in which the Commission has transmitted recommendations to the President under this title, the process by which military installations may be selected for closure or realignment under this title with respect to that year shall be terminated.
Closure and realignment of military installations
In general
Subject to subsection (b), the Secretary shall—
close all military installations recommended for closure by the Commission in each report transmitted to the Congress by the President pursuant to section 2903(j);
realign all military installations recommended for realignment by such Commission in each such report;
carry out the privatization in place of a military installation recommended for closure or realignment by the Commission only if privatization in place is a method of closure or realignment of the military installation specified in the recommendations of the Commission in such report and is determined by the Commission to be the most cost-effective method of implementation of the recommendation;
initiate all such closures and realignments no later than two years after the date on which the President transmits a report to the Congress pursuant to section 2903(j) containing the recommendations for such closures or realignments; and
complete all such closures and realignments no later than the end of the six-year period beginning on the date on which the President transmits the report pursuant to section 2903(j) containing the recommendations for such closures or realignments.
Congressional disapproval
The Secretary may not carry out any closure or realignment recommended by the Commission in a report transmitted from the President pursuant to section 2903(j) if a joint resolution is enacted, in accordance with the provisions of section 2908, disapproving such recommendations of the Commission before the earlier of—
the end of the 45-day period beginning on the date on which the President transmits such report; or
the adjournment of Congress sine die for the session during which such report is transmitted.
For purposes of paragraph (1) of this subsection and subsections (a) and (c) of section 2908, the days on which either House of Congress is not in session because of adjournment of more than three days to a day certain shall be excluded in the computation of a period.
Implementation
In general
In closing or realigning any military installation under this title, the Secretary may—
take such actions as may be necessary to close or realign any military installation, including the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from a military installation being closed or realigned to another military installation, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for use in planning and design, minor construction, or operation and maintenance;
provide—
economic adjustment assistance to any community located near a military installation being closed or realigned, and
community planning assistance to any community located near a military installation to which functions will be transferred as a result of the closure or realignment of a military installation,
carry out activities for the purposes of environmental restoration and mitigation at any such installation, and shall use for such purposes funds in the Account;
provide outplacement assistance to civilian employees employed by the Department of Defense at military installations being closed or realigned, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for outplacement assistance to employees; and
reimburse other Federal agencies for actions performed at the request of the Secretary with respect to any such closure or realignment, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense and available for such purpose.
In carrying out any closure or realignment under this title, the Secretary shall ensure that environmental restoration of any property made excess to the needs of the Department of Defense as a result of such closure or realignment be carried out as soon as possible with funds available for such purpose.
Management and disposal of property
The Administrator of General Services shall delegate to the Secretary of Defense, with respect to excess and surplus real property, facilities, and personal property located at a military installation closed or realigned under this title—
the authority of the Administrator to utilize excess property under subchapter II of chapter 5 of title 40, United States Code;
the authority of the Administrator to dispose of surplus property under subchapter III of chapter 5 of title 40, United States Code;
the authority to dispose of surplus property for public airports under sections 47151 through 47153 of title 49, United States Code; and
the authority of the Administrator to determine the availability of excess or surplus real property for wildlife conservation purposes in accordance with the Act of May 19, 1948 (16 U.S.C. 667b).
Subject to subparagraph (B) and paragraphs (3), (4), (5), and (6), the Secretary of Defense shall exercise the authority delegated to the Secretary pursuant to paragraph (1) in accordance with—
all regulations governing the utilization of excess property and the disposal of surplus property under subtitle I of title 40, United States Code; and
all regulations governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)).
The Secretary may, with the concurrence of the Administrator of General Services—
prescribe general policies and methods for utilizing excess property and disposing of surplus property pursuant to the authority delegated under paragraph (1); and
issue regulations relating to such policies and methods, which shall supersede the regulations referred to in subparagraph (A) with respect to that authority.
The Secretary of Defense may transfer real property or facilities located at a military installation to be closed or realigned under this title, with or without reimbursement, to a military department or other entity (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast Guard.
Before any action may be taken with respect to the disposal of any surplus real property or facility located at any military installation to be closed or realigned under this title, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned.
If a military installation to be closed, realigned, or placed in an inactive status under this title includes a road used for public access through, into, or around the installation, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned or the purpose of considering the continued availability of the road for public use after the installation is closed, realigned, or placed in an inactive status.
Not later than 6 months after the date of approval of the closure or realignment of a military installation under this title, the Secretary, in consultation with the redevelopment authority with respect to the installation, shall—
inventory the personal property located at the installation; and
identify the items (or categories of items) of such personal property that the Secretary determines to be related to real property and anticipates will support the implementation of the redevelopment plan with respect to the installation.
If no redevelopment authority referred to in subparagraph (A) exists with respect to an installation, the Secretary shall consult with—
the local government in whose jurisdiction the installation is wholly located; or
a local government agency or State government agency designated for the purpose of such consultation by the chief executive officer of the State in which the installation is located.
Except as provided in subparagraphs (E) and (F), the Secretary may not carry out any of the activities referred to in clause (ii) with respect to an installation referred to in that clause until the earlier of—
one week after the date on which the redevelopment plan for the installation is submitted to the Secretary;
the date on which the redevelopment authority notifies the Secretary that it will not submit such a plan;
twenty-four months after the date of approval of the closure or realignment of the installation; or
ninety days before the date of the closure or realignment of the installation.
The activities referred to in clause (i) are activities relating to the closure or realignment of an installation to be closed or realigned under this title as follows:
The transfer from the installation of items of personal property at the installation identified in accordance with subparagraph (A).
The reduction in maintenance and repair of facilities or equipment located at the installation below the minimum levels required to support the use of such facilities or equipment for nonmilitary purposes.
Except as provided in paragraph (4), the Secretary may not transfer items of personal property located at an installation to be closed or realigned under this title to another installation, or dispose of such items, if such items are identified in the redevelopment plan for the installation as items essential to the reuse or redevelopment of the installation. In connection with the development of the redevelopment plan for the installation, the Secretary shall consult with the entity responsible for developing the redevelopment plan to identify the items of personal property located at the installation, if any, that the entity desires to be retained at the installation for reuse or redevelopment of the installation.
This paragraph shall not apply to any personal property located at an installation to be closed or realigned under this title if the property—
is required for the operation of a unit, function, component, weapon, or weapons system at another installation;
is uniquely military in character, and is likely to have no civilian use (other than use for its material content or as a source of commonly used components);
is not required for the reutilization or redevelopment of the installation (as jointly determined by the Secretary and the redevelopment authority);
is stored at the installation for purposes of distribution (including spare parts or stock items); or
meets known requirements of an authorized program of another Federal department or agency for which expenditures for similar property would be necessary; and
is the subject of a written request by the head of the department or agency.
Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of such activity is in the national security interest of the United States.
The Secretary may transfer real property and personal property located at a military installation to be closed or realigned under this title to the redevelopment authority with respect to the installation for purposes of job generation on the installation.
The transfer of property located at a military installation under subparagraph (A) may be for consideration at or below the estimated fair market value or without consideration. The determination of such consideration may account for the economic conditions of the local affected community and the estimated costs to redevelop the property. The Secretary may accept, as consideration, a share of the revenues that the redevelopment authority receives from third-party buyers or lessees from sales and long-term leases of the conveyed property, consideration in kind (including goods and services), real property and improvements, or such other consideration as the Secretary considers appropriate. The transfer of property located at a military installation under subparagraph (A) may be made for consideration below the estimated fair market value or without consideration only if the redevelopment authority with respect to the installation—
agrees that the proceeds from any sale or lease of the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the date of the initial transfer of property under subparagraph (A) shall be used to support the economic redevelopment of, or related to, the installation; and
executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the date of the property disposal record of decision or finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
For purposes of subparagraph (B)(i), the use of proceeds from a sale or lease described in such subparagraph to pay for, or offset the costs of, public investment on or related to the installation for any of the following purposes shall be considered a use to support the economic redevelopment of, or related to, the installation:
Road construction.
Transportation management facilities.
Storm and sanitary sewer construction.
Police and fire protection facilities and other public facilities.
Utility construction.
Building rehabilitation.
Historic property preservation.
Pollution prevention equipment or facilities.
Demolition.
Disposal of hazardous materials generated by demolition.
Landscaping, grading, and other site or public improvements.
Planning for or the marketing of the development and reuse of the installation.
The Secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph (B) as the Secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevelopment of, or related to, the installation for the period specified in subparagraph (B).
The Secretary may transfer real property at an installation approved for closure or realignment under this title (including property at an installation approved for realignment which will be retained by the Department of Defense or another Federal agency after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon transfer, one or more portions of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph (B) shall apply to a transfer under this subparagraph.
A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned.
A lease under clause (i) may not require rental payments by the United States.
A lease under clause (i) shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or another department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevelopment authority concerned.
Notwithstanding clause (iii), if a lease under clause (i) involves a substantial portion of the installation, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority’s assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the transferred property. Facility services and common area maintenance covered by the lease shall not include—
municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or
firefighting or security-guard functions.
The transfer of personal property under subparagraph (A) shall not be subject to the provisions of subchapters II and III of chapter 5 of title 40, United States Code, if the Secretary determines that the transfer of such property is necessary for the effective implementation of a redevelopment plan with respect to the installation at which such property is located.
The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real property under this paragraph.
The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States.
Except as provided in subparagraphs (B) and (C), the Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations under paragraph (1) regarding whether another department or agency of the Federal Government has identified a use for any portion of a military installation to be closed or realigned under this title, or will accept transfer of any portion of such installation, are made not later than 6 months after the date of approval of closure or realignment of that installation.
The Secretary may, in consultation with the redevelopment authority with respect to an installation, postpone making the final determinations referred to in subparagraph (A) with respect to the installation for such period as the Secretary determines appropriate if the Secretary determines that such postponement is in the best interests of the communities affected by the closure or realignment of the installation.
Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation closed or realigned or to be closed or realigned under this title as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation.
Not later than 30 days after acquiring non-Federal real property as the location for a new or replacement Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a report containing the results of the consultation under clause (i) and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement Federal facility or within a 200-mile radius of the new or replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for the site of the new or replacement facility.
The disposal of buildings and property located at installations approved for closure or realignment under this title shall be carried out in accordance with this paragraph.
Not later than the date on which the Secretary of Defense completes the final determinations referred to in paragraph (5) relating to the use or transferability of any portion of an installation covered by this paragraph, the Secretary shall—
identify the buildings and property at the installation for which the Department of Defense has a use, for which another department or agency of the Federal Government has identified a use, or of which another department or agency will accept a transfer;
take such actions as are necessary to identify any building or property at the installation not identified under subclause (I) that is excess property or surplus property;
submit to the Secretary of Housing and Urban Development and to the redevelopment authority for the installation (or the chief executive officer of the State in which the installation is located if there is no redevelopment authority for the installation at the completion of the determination described in the stem of this sentence) information on any building or property that is identified under subclause (II); and
publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the buildings and property identified under subclause (II).
Upon the recognition of a redevelopment authority for an installation covered by this paragraph, the Secretary of Defense shall publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the redevelopment authority.
State and local governments, representatives of the homeless, and other interested parties located in the communities in the vicinity of an installation covered by this paragraph shall submit to the redevelopment authority for the installation a notice of the interest, if any, of such governments, representatives, and parties in the buildings or property, or any portion thereof, at the installation that are identified under subparagraph (B)(i)(II). A notice of interest under this clause shall describe the need of the government, representative, or party concerned for the buildings or property covered by the notice.
The redevelopment authority for an installation shall assist the governments, representatives, and parties referred to in clause (i) in evaluating buildings and property at the installation for purposes of this subparagraph.
In providing assistance under clause (ii), a redevelopment authority shall—
consult with representatives of the homeless in the communities in the vicinity of the installation concerned; and
undertake outreach efforts to provide information on the buildings and property to representatives of the homeless, and to other persons or entities interested in assisting the homeless, in such communities.
It is the sense of Congress that redevelopment authorities should begin to conduct outreach efforts under clause (iii)(II) with respect to an installation as soon as is practicable after the date of approval of closure or realignment of the installation.
State and local governments, representatives of the homeless, and other interested parties shall submit a notice of interest to a redevelopment authority under subparagraph (C) not later than the date specified for such notice by the redevelopment authority.
The date specified under clause (i) shall be—
in the case of an installation for which a redevelopment authority has been recognized as of the date of the completion of the determinations referred to in paragraph (5), not earlier than 3 months and not later than 6 months after the date of publication of such determination in a newspaper of general circulation in the communities in the vicinity of the installation under subparagraph (B)(i)(IV); and
in the case of an installation for which a redevelopment authority is not recognized as of such date, not earlier than 3 months and not later than 6 months after the date of the recognition of a redevelopment authority for the installation.
Upon specifying a date for an installation under this subparagraph, the redevelopment authority for the installation shall—
publish the date specified in a newspaper of general circulation in the communities in the vicinity of the installation concerned; and
notify the Secretary of Defense of the date.
In submitting to a redevelopment authority under subparagraph (C) a notice of interest in the use of buildings or property at an installation to assist the homeless, a representative of the homeless shall submit the following:
A description of the homeless assistance program that the representative proposes to carry out at the installation.
An assessment of the need for the program.
A description of the extent to which the program is or will be coordinated with other homeless assistance programs in the communities in the vicinity of the installation.
A description of the buildings and property at the installation that are necessary in order to carry out the program.
A description of the financial plan, the organization, and the organizational capacity of the representative to carry out the program.
An assessment of the time required in order to commence carrying out the program.
A redevelopment authority may not release to the public any information submitted to the redevelopment authority under clause (i)(V) without the consent of the representative of the homeless concerned unless such release is authorized under Federal law and under the law of the State and communities in which the installation concerned is located.
The redevelopment authority for each installation covered by this paragraph shall prepare a redevelopment plan for the installation. The redevelopment authority shall, in preparing the plan, consider the interests in the use to assist the homeless of the buildings and property at the installation that are expressed in the notices submitted to the redevelopment authority under subparagraph (C).
In connection with a redevelopment plan for an installation, a redevelopment authority and representatives of the homeless shall prepare legally binding agreements that provide for the use to assist the homeless of buildings and property, resources, and assistance on or off the installation. The implementation of such agreements shall be contingent upon the decision regarding the disposal of the buildings and property covered by the agreements by the Secretary of Defense under subparagraph (K) or (L).
Agreements under this clause shall provide for the reversion to the redevelopment authority concerned, or to such other entity or entities as the agreements shall provide, of buildings and property that are made available under this paragraph for use to assist the homeless in the event that such buildings and property cease being used for that purpose.
A redevelopment authority shall provide opportunity for public comment on a redevelopment plan before submission of the plan to the Secretary of Defense and the Secretary of Housing and Urban Development under subparagraph (G).
A redevelopment authority shall complete preparation of a redevelopment plan for an installation and submit the plan under subparagraph (G) not later than 9 months after the date specified by the redevelopment authority for the installation under subparagraph (D).
Upon completion of a redevelopment plan under subparagraph (F), a redevelopment authority shall submit an application containing the plan to the Secretary of Defense and to the Secretary of Housing and Urban Development.
A redevelopment authority shall include in an application under clause (i) the following:
A copy of the redevelopment plan, including a summary of any public comments on the plan received by the redevelopment authority under subparagraph (F)(iii).
A copy of each notice of interest of use of buildings and property to assist the homeless that was submitted to the redevelopment authority under subparagraph (C), together with a description of the manner, if any, in which the plan addresses the interest expressed in each such notice and, if the plan does not address such an interest, an explanation why the plan does not address the interest.
A summary of the outreach undertaken by the redevelopment authority under subparagraph (C)(iii)(II) in preparing the plan.
A statement identifying the representatives of the homeless and the homeless assistance planning boards, if any, with which the redevelopment authority consulted in preparing the plan, and the results of such consultations.
An assessment of the manner in which the redevelopment plan balances the expressed needs of the homeless and the need of the communities in the vicinity of the installation for economic redevelopment and other development.
Copies of the agreements that the redevelopment authority proposes to enter into under subparagraph (F)(ii).
Not later than 60 days after receiving a redevelopment plan under subparagraph (G), the Secretary of Housing and Urban Development shall complete a review of the plan. The purpose of the review is to determine whether the plan, with respect to the expressed interest and requests of representatives of the homeless—
takes into consideration the size and nature of the homeless population in the communities in the vicinity of the installation, the availability of existing services in such communities to meet the needs of the homeless in such communities, and the suitability of the buildings and property covered by the plan for the use and needs of the homeless in such communities;
takes into consideration any economic impact of the homeless assistance under the plan on the communities in the vicinity of the installation;
balances in an appropriate manner the needs of the communities in the vicinity of the installation for economic redevelopment and other development with the needs of the homeless in such communities;
was developed in consultation with representatives of the homeless and the homeless assistance planning boards, if any, in the communities in the vicinity of the installation; and
specifies the manner in which buildings and property, resources, and assistance on or off the installation will be made available for homeless assistance purposes.
It is the sense of Congress that the Secretary of Housing and Urban Development shall, in completing the review of a plan under this subparagraph, take into consideration and be receptive to the predominant views on the plan of the communities in the vicinity of the installation covered by the plan.
The Secretary of Housing and Urban Development may engage in negotiations and consultations with a redevelopment authority before or during the course of a review under clause (i) with a view toward resolving any preliminary determination of the Secretary that a redevelopment plan does not meet a requirement set forth in that clause. The redevelopment authority may modify the redevelopment plan as a result of such negotiations and consultations.
Upon completion of a review of a redevelopment plan under clause (i), the Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under that clause.
If the Secretary of Housing and Urban Development determines as a result of such a review that a redevelopment plan does not meet the requirements set forth in clause (i), a notice under clause (iv) shall include—
an explanation of that determination; and
a statement of the actions that the redevelopment authority must undertake in order to address that determination.
Upon receipt of a notice under subparagraph (H)(iv) of a determination that a redevelopment plan does not meet a requirement set forth in subparagraph (H)(i), a redevelopment authority shall have the opportunity to—
revise the plan in order to address the determination; and
submit the revised plan to the Secretary of Defense and the Secretary of Housing and Urban Development.
A redevelopment authority shall submit a revised plan under this subparagraph to such Secretaries, if at all, not later than 90 days after the date on which the redevelopment authority receives the notice referred to in clause (i).
Not later than 30 days after receiving a revised redevelopment plan under subparagraph (I), the Secretary of Housing and Urban Development shall review the revised plan and determine if the plan meets the requirements set forth in subparagraph (H)(i).
The Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under this subparagraph.
Upon receipt of a notice under subparagraph (H)(iv) or (J)(ii) of the determination of the Secretary of Housing and Urban Development that a redevelopment plan for an installation meets the requirements set forth in subparagraph (H)(i), the Secretary of Defense shall dispose of the buildings and property at the installation.
For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation.
The Secretary of Defense shall dispose of buildings and property under clause (i) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the record of decision or other decision document, the Secretary shall give substantial deference to the redevelopment plan concerned.
The disposal under clause (i) of buildings and property to assist the homeless shall be without consideration.
In the case of a request for a conveyance under clause (i) of buildings and property for public benefit under section 550 of title 40, United States Code, or sections 47151 through 47153 of title 49, United States Code, the sponsoring Federal agency shall use the eligibility criteria set forth in such section or subchapter II of chapter 471 of title 49, United States Code (as the case may be) to determine the eligibility of the applicant and use proposed in the request for the public benefit conveyance. The determination of such eligibility should be made before submission of the redevelopment plan concerned under subparagraph (G).
If the Secretary of Housing and Urban Development determines under subparagraph (J) that a revised redevelopment plan for an installation does not meet the requirements set forth in subparagraph (H)(i), or if no revised plan is so submitted, that Secretary shall—
review the original redevelopment plan submitted to that Secretary under subparagraph (G), including the notice or notices of representatives of the homeless referred to in clause (ii)(II) of that subparagraph;
consult with the representatives referred to in subclause (I), if any, for purposes of evaluating the continuing interest of such representatives in the use of buildings or property at the installation to assist the homeless;
request that each such representative submit to that Secretary the items described in clause (ii); and
based on the actions of that Secretary under subclauses (I) and (II), and on any information obtained by that Secretary as a result of such actions, indicate to the Secretary of Defense the buildings and property at the installation that meet the requirements set forth in subparagraph (H)(i).
The Secretary of Housing and Urban Development may request under clause (i)(III) that a representative of the homeless submit to that Secretary the following:
A description of the program of such representative to assist the homeless.
A description of the manner in which the buildings and property that the representative proposes to use for such purpose will assist the homeless.
Such information as that Secretary requires in order to determine the financial capacity of the representative to carry out the program and to ensure that the program will be carried out in compliance with Federal environmental law and Federal law against discrimination.
A certification that police services, fire protection services, and water and sewer services available in the communities in the vicinity of the installation concerned are adequate for the program.
Not later than 90 days after the date of the receipt of a revised plan for an installation under subparagraph (J), the Secretary of Housing and Urban Development shall—
notify the Secretary of Defense and the redevelopment authority concerned of the buildings and property at an installation under clause (i)(IV) that the Secretary of Housing and Urban Development determines are suitable for use to assist the homeless; and
notify the Secretary of Defense of the extent to which the revised plan meets the criteria set forth in subparagraph (H)(i).
Upon notice from the Secretary of Housing and Urban Development with respect to an installation under clause (iii), the Secretary of Defense shall dispose of buildings and property at the installation in consultation with the Secretary of Housing and Urban Development and the redevelopment authority concerned.
For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan submitted by the redevelopment authority for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation. The Secretary of Defense shall incorporate the notification of the Secretary of Housing and Urban Development under clause (iii)(I) as part of the proposed Federal action for the installation only to the extent, if any, that the Secretary of Defense considers such incorporation to be appropriate and consistent with the best and highest use of the installation as a whole, taking into consideration the redevelopment plan submitted by the redevelopment authority.
The Secretary of Defense shall dispose of buildings and property under subclause (I) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the record of decision or other decision document, the Secretary shall give deference to the redevelopment plan submitted by the redevelopment authority for the installation.
The disposal under subclause (I) of buildings and property to assist the homeless shall be without consideration.
In the case of a request for a conveyance under subclause (I) of buildings and property for public benefit under section 550 of title 40, United States Code, or sections 47151 through 47153 of title 49, United States Code, the sponsoring Federal agency shall use the eligibility criteria set forth in such section or subchapter II of chapter 471 of title 49, United States Code (as the case may be) to determine the eligibility of the applicant and use proposed in the request for the public benefit conveyance. The determination of such eligibility should be made before submission of the redevelopment plan concerned under subparagraph (G).
In the event of the disposal of buildings and property of an installation pursuant to subparagraph (K) or (L), the redevelopment authority for the installation shall be responsible for the implementation of and compliance with agreements under the redevelopment plan described in that subparagraph for the installation.
If a building or property reverts to a redevelopment authority under such an agreement, the redevelopment authority shall take appropriate actions to secure, to the maximum extent practicable, the utilization of the building or property by other homeless representatives to assist the homeless. A redevelopment authority may not be required to utilize the building or property to assist the homeless.
The Secretary of Defense may postpone or extend any deadline provided for under this paragraph in the case of an installation covered by this paragraph for such period as the Secretary considers appropriate if the Secretary determines that such postponement is in the interests of the communities affected by the closure or realignment of the installation. The Secretary shall make such determinations in consultation with the redevelopment authority concerned and, in the case of deadlines provided for under this paragraph with respect to the Secretary of Housing and Urban Development, in consultation with the Secretary of Housing and Urban Development.
For purposes of this paragraph, the term communities in the vicinity of the installation, in the case of an installation, means the communities that constitute the political jurisdictions (other than the State in which the installation is located) that comprise the redevelopment authority for the installation.
For purposes of this paragraph, the term other interested parties, in the case of an installation, includes any parties eligible for the conveyance of property of the installation under section 550 of title 40, United States Code, or sections 47151 through 47153 of title 49, United States Code, whether or not the parties assist the homeless.
Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, cooperative agreements, or other arrangements for reimbursement) with local governments for the provision of police or security services, fire protection services, airfield operation services, or other community services by such governments at military installations to be closed under this title, or at facilities not yet transferred or otherwise disposed of in the case of installations closed under this title, if the Secretary determines that the provision of such services under such agreements is in the best interests of the Department of Defense.
The Secretary may exercise the authority provided under this paragraph without regard to the provisions of chapter 146 of title 10, United States Code.
The Secretary may not exercise the authority under subparagraph (A) with respect to an installation earlier than 180 days before the date on which the installation is to be closed.
The Secretary shall include in a contract for services entered into with a local government under this paragraph a clause that requires the use of professionals to furnish the services to the extent that professionals are available in the area under the jurisdiction of such government.
Applicability of national environmental policy act of 1969
The provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions of the President, the Commission, and, except as provided in paragraph (2), the Department of Defense in carrying out this title.
The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the Department of Defense under this title (i) during the process of property disposal, and (ii) during the process of relocating functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated.
In applying the provisions of the National Environmental Policy Act of 1969 to the processes referred to in subparagraph (A), the Secretary of Defense and the Secretary of the military departments concerned shall not have to consider—
the need for closing or realigning the military installation which has been recommended for closure or realignment by the Commission;
the need for transferring functions to any military installation which has been selected as the receiving installation; or
military installations alternative to those recommended or selected.
A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), of any act or failure to act by the Department of Defense during the closing, realigning, or relocating of functions referred to in clauses (i) and (ii) of paragraph (2)(A), may not be brought more than 60 days after the date of such act or failure to act.
Waiver
The Secretary of Defense may close or realign military installations under this title without regard to—
any provision of law restricting the use of funds for closing or realigning military installations included in any appropriations or authorization Act; and
sections 2662 and 2687 of title 10, United States Code.
Transfer authority in connection with payment of environmental remediation costs
Subject to paragraph (2) of this subsection and section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretary may enter into an agreement to transfer by deed real property or facilities referred to in subparagraph (B) with any person who agrees to perform all environmental restoration, waste management, and environmental compliance activities that are required for the property or facilities under Federal and State laws, administrative decisions, agreements (including schedules and milestones), and concurrences.
The real property and facilities referred to in subparagraph (A) are the real property and facilities located at an installation closed or to be closed, or realigned or to be realigned, under this title that are available exclusively for the use, or expression of an interest in a use, of a redevelopment authority under subsection (b)(6)(F) during the period provided for that use, or expression of interest in use, under that subsection. The real property and facilities referred to in subparagraph (A) are also the real property and facilities located at an installation approved for closure or realignment under this title after 2001 that are available for purposes other than to assist the homeless.
The Secretary may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the Secretary considers appropriate to protect the interests of the United States.
A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies to Congress that—
the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the Secretary with respect to the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the Secretary; or
if such costs are lower than the fair market value of the property or facilities, the recipient of the property or facilities agrees to pay the difference between the fair market value and such costs.
In the case of property or facilities covered by a certification under paragraph (2)(A), the Secretary may pay the recipient of such property or facilities an amount equal to the lesser of—
the amount by which the costs incurred by the recipient of such property or facilities for all environmental restoration, waste, management, and environmental compliance activities with respect to such property or facilities exceed the fair market value of such property or facilities as specified in such certification; or
the amount by which the costs (as determined by the Secretary) that would otherwise have been incurred by the Secretary for such restoration, management, and activities with respect to such property or facilities exceed the fair market value of such property or facilities as so specified.
As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the property or facilities will be transferred any information of the Secretary regarding the environmental restoration, waste management, and environmental compliance activities described in paragraph (1) that relate to the property or facilities. The Secretary shall provide such information before entering into the agreement.
Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
Section 330 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2687 note) shall not apply to any transfer under this subsection to persons or entities described in subsection (a)(2) of such section 330, except in the case of releases or threatened releases not disclosed pursuant to paragraph (4).
Department of Defense Base Closure Account 2014
In general
If the Secretary makes the certifications required under section 2903(b), there shall be
established on the books of the Treasury an account to be known as the Department of Defense Base Closure Account 2014
(in this section referred to as the Account
). The Account shall be administered by the Secretary as a single account.
There shall be deposited into the Account—
funds authorized for and appropriated to the Account;
any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of Defense for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees; and
except as provided in subsection (d), proceeds received from the lease, transfer, or disposal of any property at a military installation that is closed or realigned under this title.
The Account shall be closed at the time and in the manner provided for appropriation accounts under section 1555 of title 31, United States Code. Unobligated funds which remain in the Account upon closure shall be held by the Secretary of the Treasury until transferred by law after the congressional defense committees receive the final report transmitted under subsection (c)(2).
Use of funds
The Secretary may use the funds in the Account only for the purposes described in section 2905 with respect to military installations approved for closure or realignment under this title.
When a decision is made to use funds in the Account to carry out a construction project under section 2905(a) and the cost of the project will exceed the maximum amount authorized by law for a minor military construction project, the Secretary shall notify in writing the congressional defense committees of the nature of, and justification for, the project and the amount of expenditures for such project. Any such construction project may be carried out without regard to section 2802(a) of title 10, United States Code.
Reports
No later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this title using amounts in the Account, the Secretary shall transmit a report to the congressional defense committees of—
the amount and nature of the deposits into, and the expenditures from, the Account during such fiscal year;
the amount and nature of other expenditures made pursuant to section 2905(a) during such fiscal year;
the amount and nature of anticipated deposits to be made into, and the anticipated expenditures to be made from, the Account during the first fiscal year commencing after the submission of the report; and
the amount and nature of anticipated expenditures to be made pursuant to section 2905(a) during the first fiscal year commencing after the submission of the report.
The report for a fiscal year shall include the following:
The obligations and expenditures from the Account during the fiscal year, identified by subaccount and installation, for each military department and Defense Agency.
The fiscal year in which appropriations for such expenditures were made and the fiscal year in which finds were obligated for such expenditures.
Each military construction project for which such obligations and expenditures were made, identified by installation and project title.
A description and explanation of the extent, if any, to which expenditures for military construction projects for the fiscal year differed from proposals for projects and funding levels that were included in the justification transmitted to Congress under section 2907(1), or otherwise, for the funding proposals for the Account for such fiscal year, including an explanation of—
any failure to carry out military construction projects that were so proposed; and
any expenditures for military construction projects that were not so proposed.
An estimate of the net revenues to be received from property disposals to be completed during the first fiscal year commencing after the submission of the report at military installations approved for closure or realignment under this title.
No later than 60 days after the closure of the Account under subsection (a)(3), the Secretary shall transmit to the congressional defense committees a report containing an accounting of—
all the funds deposited into and expended from the Account or otherwise expended under this title with respect to such installations; and
any amount remaining in the Account.
Disposal or transfer of commissary stores and property purchased with nonappropriated funds
If any real property or facility acquired, constructed, or improved (in whole or in part) with commissary store funds or nonappropriated funds is transferred or disposed of in connection with the closure or realignment of a military installation under this title, a portion of the proceeds of the transfer or other disposal of property on that installation shall be deposited in the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note).
The amount so deposited shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated value of the investment shall be computed in accordance with regulations prescribed by the Secretary.
The Secretary may use amounts in the reserve account, without further appropriation, for the purpose of acquiring, constructing, and improving—
commissary stores; and
real property and facilities for nonappropriated fund instrumentalities.
As used in this subsection:
The term commissary store funds means funds received from the adjustment of, or surcharge on, selling prices at commissary stores fixed under section 2685 of title 10, United States Code.
The term nonappropriated funds means funds received from a nonappropriated fund instrumentality.
The term nonappropriated fund instrumentality means an instrumentality of the United States under the jurisdiction of the armed forces (including the Army and Air Force Exchange Service, the Navy Resale and Services Support Office, and the Marine Corps exchanges) which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the armed forces.
Account exclusive source of funds for environmental restoration projects
Except for funds deposited into the Account under subsection (a), funds appropriated to the Department of Defense may not be used for purposes described in section 2905(a)(1)(C). The prohibition in this subsection shall expire upon the closure of the Account under subsection (a)(3).
Authorized cost and scope of work variations
Subject to paragraphs (2) and (3), the cost authorized for a military construction project or military family housing project to be carried out using funds in the Account may not be increased or reduced by more than 20 percent or $2,000,000, whichever is less, of the amount specified for the project in the conference report to accompany the Military Construction Authorization Act authorizing the project. The scope of work for such a project may not be reduced by more than 25 percent from the scope specified in the most recent budget documents for the projects listed in such conference report.
Paragraph (1) shall not apply to a military construction project or military family housing project to be carried out using funds in the Account with an estimated cost of less than $5,000,000, unless the project has not been previously identified in any budget submission for the Account and exceeds the applicable minor construction threshold under section 2805 of title 10, United States Code.
The limitation on cost or scope variation in paragraph (1) shall not apply if the Secretary of Defense makes a determination that an increase or reduction in cost or a reduction in the scope of work for a military construction project or military family housing project to be carried out using funds in the Account needs to be made for the sole purpose of meeting unusual variations in cost or scope. If the Secretary makes such a determination, the Secretary shall notify the congressional defense committees of the variation in cost or scope not later than 21 days before the date on which the variation is made in connection with the project or, if the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code, not later than 14 days before the date on which the variation is made. The Secretary shall include the reasons for the variation in the notification.
Reports
Reporting requirement
As part of the budget request for fiscal year 2019 and for each fiscal year thereafter through fiscal year 2030 for the Department of Defense, the Secretary shall transmit to the congressional defense committees—
a schedule of the closure actions to be carried out under this title in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such closure and of the time period in which these savings are to be achieved in each case, together with the Secretary’s assessment of the environmental effects of such actions;
a description of the military installations, including those under construction and those planned for construction, to which functions are to be transferred as a result of such closures, together with the Secretary’s assessment of the environmental effects of such transfers;
a description of the closure actions already carried out at each military installation since the date of the installation's approval for closure under this title and the current status of the closure of the installation, including whether—
a redevelopment authority has been recognized by the Secretary for the installation;
the screening of property at the installation for other Federal use has been completed; and
a redevelopment plan has been agreed to by the redevelopment authority for the installation;
a description of redevelopment plans for military installations approved for closure under this title, the quantity of property remaining to be disposed of at each installation as part of its closure, and the quantity of property already disposed of at each installation;
a list of the Federal agencies that have requested property during the screening process for each military installation approved for closure under this title, including the date of transfer or anticipated transfer of the property to such agencies, the acreage involved in such transfers, and an explanation for any delays in such transfers;
a list of known environmental remediation issues at each military installation approved for closure under this title, including the acreage affected by these issues, an estimate of the cost to complete such environmental remediation, and the plans (and timelines) to address such environmental remediation; and
an estimate of the date for the completion of all closure actions at each military installation approved for closure or realignment under this title.
Congressional consideration of commission report
Terms of the resolution
For purposes of section 2904(b), the term joint resolution means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President transmits the report to the Congress under section 2903(j), and—
which does not have a preamble;
the matter after the resolving clause of which is as follows: That Congress disapproves the recommendations of the Defense Base Closure and Realignment
Commission as submitted by the President on
, the blank space being filled in with the appropriate date; and
the title of which is as follows: Joint resolution disapproving the recommendations of the Defense Base Closure and Realignment
Commission.
.
Referral
A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate.
Discharge
If the committee to which a resolution described in subsection (a) is referred has not reported such a resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits the report to the Congress under section 2903(j), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved.
Consideration
On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of.
Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.
Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.
Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate.
Consideration by other house
If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply:
The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii).
With respect to a resolution described in subsection (a) of the House receiving the resolution—
the procedure in that House shall be the same as if no resolution had been received from the other House; but
the vote on final passage shall be on the resolution of the other House.
Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.
Rules of the senate and house
This section is enacted by Congress—
as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and
with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
Restriction on other base closure authority
In general
Except as provided in subsection (c), during the period beginning on the date of the enactment of this Act, and ending on April 15, 2018, this title shall be the exclusive authority for selecting for closure or realignment, or for carrying out any closure or realignment of, a military installation inside the United States.
Restriction
Except as provided in subsection (c), none of the funds available to the Department of Defense may be used, other than under this title, during the period specified in subsection (a)—
to identify, through any transmittal to the Congress or through any other public announcement or notification, any military installation inside the United States as an installation to be closed or realigned or as an installation under consideration for closure or realignment; or
to carry out any closure or realignment of a military installation inside the United States.
Exception
Nothing in this title affects the authority of the Secretary to carry out closures and realignments to which section 2687 of title 10, United States Code, is not applicable, including closures and realignments carried out for reasons of national security or a military emergency referred to in subsection (c) of such section.
Definitions
As used in this title:
The term Account means the Department of Defense Base Closure Account established by section 2906(a)(1).
The term congressional defense committees means the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
The term Commission means the Commission established by section 2902.
The term military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility. Such term does not include any facility used primarily for civil works, rivers and harbors projects, flood control, or other projects not under the primary jurisdiction or control of the Department of Defense.
The term realignment includes any action which both reduces and relocates functions and civilian personnel positions but does not include a reduction in force resulting from workload adjustments, reduced personnel or funding levels, or skill imbalances.
The term Secretary means the Secretary of Defense.
The term United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and any other commonwealth, territory, or possession of the United States.
The term date of approval, with respect to a closure or realignment of an installation, means the date on which the authority of Congress to disapprove a recommendation of closure or realignment, as the case may be, of such installation under this title expires.
The term redevelopment authority, in the case of an installation to be closed or realigned under this title, means any entity (including an entity established by a State or local government) recognized by the Secretary of Defense as the entity responsible for developing the redevelopment plan with respect to the installation or for directing the implementation of such plan.
The term redevelopment plan in the case of an installation to be closed or realigned under this title, means a plan that—
is agreed to by the local redevelopment authority with respect to the installation; and
provides for the reuse or redevelopment of the real property and personal property of the installation that is available for such reuse and redevelopment as a result of the closure or realignment of the installation.
The term representative of the homeless has the meaning given such term in section 501(i)(4) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411(i)(4)).
Treatment as a base closure law for purposes of other provisions of law
Definition of base closure law
in title 10
Section 101(a)(17) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
The Defense Base Closure and Realignment Act of 2014.
.
Definition of Base closure law
in other laws
Section 131(b) of Public Law 107–249 (10 U.S.C. 221 note) is amended by striking means
and all
that follows and inserting has the meaning given the term ‘base closure
law’ in section 101(a)(17) of title 10, United States Code.
.
Section 1334(k)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2701 note) is amended by adding at the end the following new subparagraph:
The Defense Base Closure and Realignment Act of 2014.
.
Section 2918(a)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2687 note) is amended by adding at the end the following new subparagraph:
The Defense Base Closure and Realignment Act of 2014.
.
Conforming amendments
Deposit and use of lease proceeds
Section 2667(e) of title 10, United States Code, is amended—
in paragraph (5), by striking on or after January 1, 2005,
and inserting from January 1, 2005 through December 31, 2005,
; and
by adding at the end the following new paragraph:
Money rentals received by the United States from a lease under subsection (g) at a military installation approved for closure or realignment under a base closure law on or after January 1, 2006, shall be deposited into the account established under section 2906 of the Defense Base Closure and Realignment Act of 2014.
.
Requests by public agencies for property for public airports
Section 47151(g) of title 49, United States Code, is amended by striking section 2687 of title 10, section 201 of the Defense Authorization Amendments and Base Closure and
Realignment Act (10 U.S.C. 2687 note), or section 2905 of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note)
and inserting a base closure law, as that term is defined in section 101(a)(17) of title 10,
.
Restored leave
Section 6304(d)(3)(A) of title 5, United States Code, is amended by striking the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510;
10 U.S.C. 2687 note)
and inserting a base closure law, as that term is defined in section 101(a)(17) of title 10,
.