II 

113TH CONGRESS 

1ST SESSION S. 1034 

To authorize appropriations for fiscal year 2014 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. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2013 

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 2014 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2014’’. 

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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into two divi4 sions as follows: 

5 (1) DIVISION A.—Department of Defense Au6 thorizations. 

7 (2) DIVISION B.—Military Construction Author8 izations. 

9 (b) TABLE OF CONTENTS.—The table of contents for 

10 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 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. Defense Production Act purchases. 

Subtitle B—Specific Programs 

Sec. 111. Multiyear procurement authority for E–2D aircraft program. 

Sec. 112. Modification to cost cap for CVN–78 aircraft carrier. 

Sec. 113. Clarification of limitations on retirement of B–52 bomber aircraft. 

Sec. 114. Repeal of limitation on retirement of KC–135E aircraft. 

Sec. 115. Multiyear procurement authority for C–130J aircraft program. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 201. Authorization of appropriations. 

Sec. 202. Five-year extension of 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. 

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Subtitle B—Program Matters 

Sec. 311. Extension of authority of Secretary of Transportation to issue nonpremium aviation insurance. 

Sec. 312. Five-year reauthorization of Vessel War Risk Insurance program. 

Sec. 313. Repeal of provision of law relating to acquisition policy when Department of Defense is obtaining carriage by vessel. 

Sec. 314. Revision to requirement for annual submission of information regarding information technology capital assets. 

Sec. 315. Authorized expenses in connection with humanitarian and civic assistance activities provided in conjunction with military operations. 

Sec. 316. Authority to utilize concession contracts at Army national cemeteries. 

Sec. 317. Five-year reauthorization of authority to provide certain other agencies the Department of Defense reimbursement rate. 

Sec. 318. Southern Sea Otter Military Readiness Areas. 

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 2014 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Officer Personnel Policy 

Sec. 501. Information to be provided to boards considering officers for selective 

early removal from the reserve active-status list. 

Subtitle B—Reserve Component Management 

Sec. 511. Removal of restrictions on the transfer of officers to the inactive National Guard. 

Sec. 512. Pilot program to allow establishment of active status and inactive status lists of members in the inactive National Guard. 

Sec. 513. Forum for processing of complaints of wrongful discrimination by 

National Guard military technicians (dual status). 

Sec. 514. Authority for increase in number of Air Force Reserve military technicians (dual status) who may be assigned to positions outside 

Air Force Reserve unit program. 

Subtitle C—Education and Training 

Sec. 521. Extension of educational assistance for members of the Selective Reserve who are involuntarily separated. 

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Sec. 522. Authority for joint professional military education Phase II instruction and credit to be offered and awarded through the senior 

level course of the School of Advanced Military Studies of the 

United States Army Command and General Staff College. 

Sec. 523. Modification of eligibility for associate degree programs under the 

Community College of the Air Force. 

Subtitle D—Administrative Procedure 

Sec. 531. Procedures for judicial review of military personnel decisions relating 

to correction of military records. 

Subtitle E—Decorations and Awards 

Sec. 541. Repeal of limitation on number of medals of honor that may be 

awarded to a member of the Armed Forces. 

Sec. 542. Standardization of time-limits for recommending and awarding a 

medal of honor, service cross, or distinguished-service medal 

across the Armed Forces. 

Sec. 543. Recodification and revision of Army, Navy, Air Force, and Coast 

Guard Medal of Honor Roll. 

Subtitle F—Other Matters 

Sec. 551. Authority to provide certain expenses for care and disposition of 

human remains that were retained by the Department of Defense for forensic pathology investigation. 

Sec. 552. Expansion of privileged information provision to debriefing reports of 

certain recovered persons who were never placed in a missing 

status. 

Sec. 553. Additional requirements for accounting for members of the Armed 

Forces and Department of Defense civilian employees listed as 

missing. 

Sec. 554. Family support programs for immediate family members of special 

operations forces members. 

Sec. 555. Limitation on authority of convening authority to review findings of 

a court-martial. 

Sec. 556. Revision to certain definitions relating to families of servicemembers 

for purposes of family and medical leave. 

Sec. 557. Enhanced role for department of justice under military lending act. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Increase in military basic pay for fiscal year 2014. 

Sec. 602. Extension of temporary Army authority to provide additional recruitment incentives. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain expiring bonus and special pay authorities. 

Subtitle C—Disability, Retired Pay, and Survivor Benefits 

Sec. 621. Overpayments of division of pay as a result of retroactive change in 

disposable retired pay. 

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Sec. 622. Reinstatement of temporary special retirement qualification authority 

for members of the Selected Reserve of the reserve components 

of the Air Force with 15 years of qualifying service. 

TITLE VII—HEALTH CARE PROVISIONS 

Sec. 701. Revisions to TRICARE cost sharing requirements. 

Sec. 702. Requirement for medicare participating physician or supplier to accept TRICARE and Veterans Affairs participating rates. 

Sec. 703. Elimination of mandatory weighting of certain factors in determining 

best value for awarding health care contracts. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Sec. 801. Clarification of scope of supplies covered by statutory rapid acquisition authority. 

Sec. 802. Program fraud civil remedies statute for the Department of Defense 

and the National Aeronautics and Space Administration. 

Sec. 803. Reduction in costs to report critical changes to major automated information system programs. 

Sec. 804. Modification of reporting requirement for Department of Defense 

business system acquisition programs when initial operating capability is not achieved within five years of Milestone A approval. 

Sec. 805. Timeliness rules for filing bid protests at the United States Court of 

Federal Claims. 

Sec. 806. Exception to internal controls for procurement of necessary property 

and services by the Department of Defense and Department of 

Veterans Affairs Interagency Program Office. 

Sec. 807. Enhanced transfer of technology developed at Department of Defense 

laboratories. 

Sec. 808. Extension of authority for program to award prizes for advanced 

technology achievements. 

Sec. 809. Revisions to eligibility for, and amount of, financial assistance under 

Department of Defense Science, Mathematics, and Research 

for Transformation Program. 

Sec. 810. Modification of purposes for which Department of Defense Acquisition Workforce Development Fund may be used. 

Sec. 811. Extension of prohibition on contracting with the enemy in the United 

States Central Command theater of operations. 

Sec. 812. Extension of authority for additional access to contractor and subcontractor records in the United States Central Command theater 

of operations. 

Sec. 813. Extension of authority to acquire products and services produced in 

countries along a major route of supply to Afghanistan. 

Sec. 814. Extension of special emergency procurement authority to procurements in support of operations performed by special operations 

forces outside continental United States. 

Sec. 815. Extension of special emergency procurement authority. 

Sec. 816. Enhancement of agency authority to evaluate contractor data and of 

Defense Contract Audit Agency subpoena authority. 

Sec. 817. Alternative to requirement for conduct of preliminary design review 

before Milestone B approval for Major Defense Acquisition 

Programs. 

Sec. 818. Limitation on allowable Government contractor compensation costs. 

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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Sec. 901. Clarification of the order of precedence for the Principal Deputy 

Under Secretaries of Defense. 

Sec. 902. Update of statutory specification of functions of the Chairman of the 

Joint Chiefs of Staff relating to doctrine, training, and education. 

Sec. 903. Revision of Secretary of Defense authority to engage in commercial 

activities as security for intelligence collection activities. 

Sec. 904. Transfer of administration of Ocean Research Advisory Panel From 

Department of the Navy to National Oceanic and Atmospheric 

Administration. 

Sec. 905. Change to reference to the major Department of Defense headquarters activities issuance. 

Sec. 906. One-year extension of authority to waive reimbursement of costs of 

activities for nongovernmental personnel at Department of Defense Regional Centers for Security Studies. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Enhancement of Department of Defense capabilities to deter and respond to contractor fraud. 

Sec. 1002. Pilot program for the temporary exchange of financial management 

personnel. 

Subtitle B—Naval Vessels 

Sec. 1011. Repeal of policy relating to propulsion systems of any new class of 

major combatant vessels of the strike forces of the United 

States Navy. 

Sec. 1012. Repeal of requirements relating to procurement of future surface 

combatants. 

Sec. 1013. Clarification of sole ownership resulting from ship donations at no 

cost to the Navy. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. 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. 

Sec. 1022. Revisions to Department of Defense authority to provide support for 

counter-drug activities of other agencies. 

Sec. 1023. Extension and expansion of authority to provide additional support 

for counter-drug activities of certain foreign governments. 

Sec. 1024. Extension of authority for joint task forces to provide support to law 

enforcement agencies. 

Subtitle D—Other Matters 

Sec. 1031. Management of Department of Defense installations. 

Sec. 1032. Clarification of procedures for use of alternate members on military 

commissions. 

Sec. 1033. Repeal and modification of reporting requirements. 

Sec. 1034. Mt. Soledad Veterans Memorial transfer. 

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Sec. 1035. Repeal of certain National Defense Authorization Act reporting requirements. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Expansion of protection of employees of nonappropriated fund instrumentalities from reprisals. 

Sec. 1102. Extension of voluntary reduction-in-force authority for civilian employees of Department of Defense. 

Sec. 1103. Flexibility in employment and compensation of civilian faculty at 

Defense Institute for Security Assistance Management and At 

Joint Special Operations University. 

Sec. 1104. Extension of authority to make lump sum severance payments to 

Department of Defense employees. 

Sec. 1105. Modernization of titles of nonappropriated fund instrumentalities for 

purposes of civil service laws. 

Sec. 1106. Extension of enhanced appointment and compensation authority for 

civilian personnel for care and treatment of wounded and injured members of the Armed Forces. 

Sec. 1107. Authority to waive annual limitations on premium and aggregate 

pay for certain Federal civilian employees working overseas. 

Sec. 1108. Authority to employ civilian faculty members at Inter-American Defense College. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Sec. 1201. Authority to conduct activities to enhance the capability of foreign 

countries to respond to incidents involving weapons of mass destruction. 

Sec. 1202. Authority to provide unreimbursed defense services in connection 

with the transfer of excess defense articles in Afghanistan. 

Sec. 1203. Five-year extension of authorization for non-conventional assisted 

recovery capabilities. 

Sec. 1204. Increase in annual limitation on transfer of excess defense articles. 

Sec. 1205. Revision of statutory references to former NATO support organizations and related NATO agreements. 

Sec. 1206. Five-year extension of the Iraqi special immigrant visa program. 

Sec. 1207. Five-year extension of the Afghan special immigrant visa program. 

Sec. 1208. Permanent and global authority for use of acquisition and crossservicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability. 

Sec. 1209. Extension of authority for assignment of civilian employees of the 

Department of Defense as advisors to foreign ministries of defense. 

Sec. 1210. Modification and extension of authorities relating to program to 

build the capacity of foreign military forces. 

Sec. 1211. Support for NATO Special Operations Headquarters. 

Sec. 1212. Afghanistan security forces fund. 

Sec. 1213. Training with security forces of friendly foreign countries. 

Sec. 1214. Revisions to Global Security Contingency Fund authority. 

Sec. 1215. Inter-European Air Forces Academy. 

TITLE XIII—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1301. Working capital funds. 

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Sec. 1302. National Defense Sealift Fund. 

Sec. 1303. Joint Urgent Operational Needs Fund. 

Sec. 1304. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1305. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1306. Defense Inspector General. 

Sec. 1307. Defense Health Program. 

Subtitle B—National Defense Stockpile 

Sec. 1311. Authority to acquire additional materials for the National Defense 

Stockpile. 

Subtitle C—Other Matters 

Sec. 1321. 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. 1322. 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 ‘‘State’’ 

for 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 

Subtitle A—Authorization of Additional Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Navy and Marine Corps procurement. 

Sec. 1505. Air Force procurement. 

Sec. 1506. Joint Urgent Operational Needs Fund. 

Sec. 1507. Defense-wide activities procurement. 

Sec. 1508. Research, development, test, and evaluation. 

Sec. 1509. Operation and maintenance. 

Sec. 1510. Military personnel. 

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Sec. 1511. Working capital funds. 

Sec. 1512. Defense Health Program. 

Sec. 1513. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1514. Defense Inspector General. 

Subtitle B—Limitations and Other Matters 

Sec. 1521. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Sec. 1522. Extension of authority to support operations and activities of the 

Office of Security Cooperation-Iraq. 

Sec. 1523. One-year extension and modification of authority for program to develop and carry out infrastructure projects in Afghanistan. 

Sec. 1524. Extension of Commanders Emergency Response Program in Afghanistan. 

Sec. 1525. One-year extension of authority to use funds for reintegration activities in Afghanistan. 

Sec. 1526. Extension of authority for Task Force for Business and Stability 

Operations in Afghanistan. 

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 2011 

project. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2010 

project. 

Sec. 2107. Extension of authorizations of certain fiscal year 2010 projects. 

Sec. 2108. Extension of authorizations of certain fiscal year 2011 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 2011 

project. 

Sec. 2206. Modification of authority to carry out certain fiscal year 2012 

project. 

Sec. 2207. Extension of authorizations of certain fiscal year 2011 projects. 

Sec. 2208. Extension of authorizations of certain fiscal year 2011 project. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

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Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Extension of authorizations of certain fiscal year 2011 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. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, Defense-wide. 

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 of authority to carry out certain fiscal year 2013 

project. 

Sec. 2612. Extension of authorization of certain fiscal year 2011 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 

Subtitle A—Military Construction Program Changes 

Sec. 2801. Revisions to minor military construction authorities. 

Sec. 2802. Change in authorities relating to unspecified minor construction. 

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Sec. 2803. Change in authorities relating to scope of work variations for military construction projects. 

Sec. 2804. Extension of temporary, limited authority to use operation and 

maintenance funds for construction projects in certain areas 

outside the United States. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Authority for acceptance of funds to cover administrative expenses 

associated with real property leases and easements. 

Sec. 2812. Application of cash payments received for utilities and services. 

Sec. 2813. Acquisition of real property at Naval Base Ventura County, California. 

Sec. 2814. Authority to plan, design, construct or lease shared medical facilities 

with Department of Veterans Affairs. 

Sec. 2815. Change from calendar year to fiscal year for annual report of Interagency Coordination Group of Inspectors General for Guam 

Realignment. 

Sec. 2816. Promotion of interagency cooperation to conserve land and natural 

resources and sustain military readiness. 

Subtitle C—Land Withdrawals 

Sec. 2821. Military land withdrawals and codification of statutory provisions relating to China Lake, Limestone Hills, Chocolate Mountain, 

and Twentynine Palms. 

Sec. 2822. Fort Bliss military land withdrawal. 

Subtitle D—Other Matters 

Sec. 2831. Modification of amount authorized for military construction project, 

Andersen Air Force Base, Guam. 

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 2013. 

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. 

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1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 101. ARMY. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2014 for procurement for the Army as follows: 

9 (1) For aircraft, $5,024,387,000. 

10 (2) For missiles, $1,334,083,000. 

11 (3) For weapons and tracked combat vehicles, 

12 $1,597,267,000. 

13 (4) For ammunition, $1,540,437,000. 

14 (5) For other procurement, $6,465,218,000. 

15 SEC. 102. NAVY AND MARINE CORPS. 

16 (a) FISCAL YEAR 2014.—Funds are hereby author17 ized to be appropriated for fiscal year 2014 for procure18 ment for the Navy and Marine Corps as follows: 

19 (1) For aircraft, $17,927,651,000. 

20 (2) For weapons, including missiles and tor21 pedoes, $3,122,193,000. 

22 (3) For shipbuilding and conversion, 

23 $14,077,804,000. 

24 (4) For other procurement, $6,310,257,000. 

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1 (5) For procurement, Marine Corps, 

2 $1,343,511,000. 

3 (6) For ammunition procurement, Navy and 

4 Marine Corps, $589,267,000. 

5 (b) AUTHORIZATION OF ADVANCE APPROPRIA6 TIONS.—Funds are hereby authorized to be appropriated 

7 for fiscal year 2015 in the amount of $952,739,000 for 

8 Shipbuilding and Conversion, Navy, for procurement of a 

9 Virginia class submarine. 

10 SEC. 103. AIR FORCE. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2014 for procurement for the Air Force as fol13 lows: 

14 (1) For aircraft, $11,398,901,000. 

15 (2) For ammunition, $759,442,000. 

16 (3) For missiles, $5,343,286,000. 

17 (4) For other procurement, $16,760,581,000. 

18 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal year 2014 for Defense-wide procurement in the 

21 amount of $4,534,083,000. 

22 SEC. 105. DEFENSE PRODUCTION ACT PURCHASES. 

23 Funds are hereby authorized to be appropriated for 

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1 tion Act of 1950 (50 U.S.C. App. 2061 et seq.) in the 

2 amount of $25,135,000. 

3 Subtitle B—Specific Programs 

4 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR E– 

5 2D AIRCRAFT PROGRAM. 

6 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

7 Subject to section 2306b of title 10, United States Code, 

8 the Secretary of the Navy may enter into a multiyear con9 tract or contracts, beginning with the fiscal year 2014 pro10 gram year, for the procurement of E–2D aircraft for the 

11 Department of the Navy. 

12 (b) CONDITION FOR OUT-YEAR CONTRACT PAY13 MENTS.—A contract entered into under subsection (a) 

14 shall provide that any obligation of the United States to 

15 make a payment under the contract for a fiscal year after 

16 fiscal year 2014 is subject to the availability of appropria17 tions for that purpose for such later fiscal year. 

18 SEC. 112. MODIFICATION TO COST CAP FOR CVN–78 AIR19 CRAFT CARRIER. 

20 (a) COST CAP BASELINE.—Subsection (a)(1) of sec21 tion 122 of the John Warner National Defense Authoriza22 tion Act for Fiscal Year 2007 (Public Law 109–364; 120 

23 Stat. 2104) is amended by striking ‘‘$10,500,000,000’’ 

24 and inserting ‘‘$12,887,000,000’’. 

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1 (b) ADDITIONAL FACTOR FOR ADJUSTMENT OF LIM2 ITATION AMOUNT.—Subsection (b) of such section is 

3 amended by adding at the end the following new para4 graph: 

5 ‘‘(7) The amounts of increases or decreases in 

6 costs of that ship that are attributable to the ship7 board test program.’’. 

8 (c) HULL NUMBER.—Such section is further amend9 ed by striking ‘‘CVN–21’’ in subsections (a)(1), (a)(2), 

10 and (b) and in the section heading and inserting ‘‘CVN– 

11 78’’. 

12 SEC. 113. CLARIFICATION OF LIMITATIONS ON RETIRE13 MENT OF B–52 BOMBER AIRCRAFT. 

14 Section 131(a)(1) of the John Warner National De15 fense Authorization Act for Fiscal Year 2007 (Public Law 

16 109–364; 120 Stat. 2111), as amended by section 

17 137(a)(1) of the National Defense Authorization Act for 

18 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 32), 

19 is further amended in subparagraph (C) by striking ‘‘in 

20 a common capability configuration’’. 

21 SEC. 114. REPEAL OF LIMITATION ON RETIREMENT OF KC– 

22 135E AIRCRAFT. 

23 Section 135(b) of the John Warner National Defense 

24 Authorization Act for Fiscal Year 2007 (Public Law 109– 

25 364; 120 Stat. 2114), as amended by section 131 of the 

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1 Duncan Hunter National Defense Authorization Act for 

2 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4377), 

3 is repealed. 

4 SEC. 115. MULTIYEAR PROCUREMENT AUTHORITY FOR C– 

5 130J AIRCRAFT PROGRAM. 

6 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

7 Subject to section 2306b of title 10, United States Code, 

8 the Secretary of the Air Force may enter into one or more 

9 multiyear contracts, beginning with the fiscal year 2014 

10 program year, for the procurement of C–130J aircraft 

11 and, acting as the executive agent for the Department of 

12 the Navy, for the procurement of C–130J aircraft. 

13 (b) CONDITION FOR OUT-YEAR CONTRACT PAY14 MENTS.—A contract entered into under subsection (a) 

15 shall provide that any obligation of the United States to 

16 make a payment under the contract for a fiscal year after 

17 fiscal year 2014 is subject to the availability of appropria18 tions for that purpose for such later fiscal year. 

19 TITLE II—RESEARCH, DEVELOP20 MENT, TEST, AND EVALUA21 TION 

22 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2014 for the use of the Department of Defense 

25 for research, development, test, and evaluation as follows: 

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1 (1) For the Army, $7,989,102,000. 

2 (2) For the Navy, $15,974,780,000. 

3 (3) For the Air Force, $25,702,946,000. 

4 (4) For Defense-wide activities, 

5 $17,667,108,000. 

6 (5) For the Director of Operational Test and 

7 Evaluation, $186,300,000. 

8 SEC. 202. FIVE-YEAR EXTENSION OF PILOT PROGRAM TO 

9 INCLUDE TECHNOLOGY PROTECTION FEA10 TURES DURING RESEARCH AND DEVELOP11 MENT OF CERTAIN DEFENSE SYSTEMS. 

12 Section 243(d) of the Ike Skelton National Defense 

13 Authorization Act for Fiscal Year 2011 (Public Law 111– 

14 383; 10 U.S.C. 2358 note) is amended by striking ‘‘Octo15 ber 1, 2015’’ and inserting ‘‘October 1, 2020’’. 

16 TITLE III—OPERATION AND 

17 MAINTENANCE 

18 Subtitle A—Authorization of 

19 Appropriations 

20 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2014 for the use of the Armed Forces and other 

23 activities and agencies of the Department of Defense for 

24 expenses, not otherwise provided for, for operation and 

25 maintenance, in amounts as follows: 

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1 (1) For the Army, $35,073,077,000. 

2 (2) For the Navy, $39,945,237,000. 

3 (3) For the Marine Corps, $6,254,650,000. 

4 (4) For the Air Force, $37,270,842,000. 

5 (5) For Defense-wide activities, 

6 $32,997,693,000. 

7 (6) For the Army Reserve, $3,095,036,000. 

8 (7) For the Navy Reserve, $1,197,752,000. 

9 (8) For the Marine Corps Reserve, 

10 $263,317,000. 

11 (9) For the Air Force Reserve, $3,164,607,000. 

12 (10) For the Army National Guard, 

13 $7,054,196,000. 

14 (11) For the Air National Guard, 

15 $6,566,004,000. 

16 (12) For the United States Court of Appeals 

17 for the Armed Forces, $13,606,000. 

18 (13) For the Department of Defense Acquisi19 tion Workforce Development Fund, $256,031,000. 

20 (14) For Environmental Restoration, Army, 

21 $298,815,000. 

22 (15) For Environmental Restoration, Navy, 

23 $316,103,000. 

24 (16) For Environmental Restoration, Air Force, 

25 $439,820,000. 

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1 (17) For Environmental Restoration, Defense2 wide, $10,757,000. 

3 (18) For Environmental Restoration, Formerly 

4 Used Defense Sites, $237,443,000. 

5 (19) For Overseas Humanitarian, Disaster, and 

6 Civic Aid programs, $109,500,000. 

7 (20) For Cooperative Threat Reduction pro8 grams, $528,455,000. 

9 (21) For Overseas Contingency Operations 

10 Transfer Fund, $5,000,000. 

11 Subtitle B—Program Matters 

12 SEC. 311. EXTENSION OF AUTHORITY OF SECRETARY OF 

13 TRANSPORTATION TO ISSUE NON-PREMIUM 

14 AVIATION INSURANCE. 

15 Section 44310 of title 49, United States Code, is 

16 amended— 

17 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

18 ‘‘The authority’’; 

19 (2) by striking ‘‘this chapter’’ and inserting 

20 ‘‘any provision of this chapter other than section 

21 44305’’; and 

22 (3) by adding at the end the following new sub23 section: 

24 ‘‘(b) INSURANCE OF UNITED STATES GOVERNMENT

25 PROPERTY.—The authority of the Secretary of Transpormstockstill on DSK4VPTVN1PROD with BILLS

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1 tation to provide insurance and reinsurance for a depart2 ment, agency, or instrumentality of the United States 

3 Government under section 44305 is not effective after De4 cember 31, 2018.’’. 

5 SEC. 312. FIVE-YEAR REAUTHORIZATION OF VESSEL WAR 

6 RISK INSURANCE PROGRAM. 

7 Section 53912 of title 46, United States Code, is 

8 amended by striking ‘‘December 31, 2015’’ and inserting 

9 ‘‘December 31, 2020’’. 

10 SEC. 313. REPEAL OF PROVISION OF LAW RELATING TO AC11 QUISITION POLICY WHEN DEPARTMENT OF 

12 DEFENSE IS OBTAINING CARRIAGE BY VES13 SEL. 

14 Section 1017 of the John Warner National Defense 

15 Authorization Act for Fiscal Year 2007 (Public Law 109– 

16 364; 120 Stat. 2379) is repealed. 

17 SEC. 314. REVISION TO REQUIREMENT FOR ANNUAL SUB18 MISSION OF INFORMATION REGARDING IN19 FORMATION TECHNOLOGY CAPITAL ASSETS. 

20 Section 351(a)(1) of the Bob Stump National De21 fense Authorization Act for Fiscal Year 2003 (Public Law 

22 107–314; 10 U.S.C. 221 note) is amended by striking ‘‘in 

23 excess of $30,000,000’’ and all that follows and inserting 

24 ‘‘(as computed in fiscal year 2000 constant dollars) in ex25 cess of $32,000,000 or an estimated total cost for the fumstockstill on DSK4VPTVN1PROD with BILLS

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1 ture-years defense program for which the budget is sub2 mitted (as computed in fiscal year 2000 constant dollars) 

3 in excess of $378,000,000, for all expenditures, for all in4 crements, regardless of the appropriation and fund source, 

5 directly related to the assets definition, design, develop6 ment, deployment, sustainment, and disposal.’’. 

7 SEC. 315. AUTHORIZED EXPENSES IN CONNECTION WITH 

8 HUMANITARIAN AND CIVIC ASSISTANCE AC9 TIVITIES PROVIDED IN CONJUNCTION WITH 

10 MILITARY OPERATIONS. 

11 (a) COVERAGE OF CERTAIN TRAVEL, TRANSPOR12 TATION, AND SUBSISTENCE EXPENSES.—Section 401(c) 

13 of title 10, United States Code, is amended by inserting 

14 after paragraph (1) the following new paragraph (2): 

15 ‘‘(2) Expenses covered by paragraph (1) include trav16 el, transportation, and subsistence expenses of Depart17 ment of Defense personnel for purposes of evaluating the 

18 scope of a humanitarian or civic assistance activity under 

19 this section or conducting assessments of such activities, 

20 except that the total value of such expenses incurred with 

21 respect to any activity may not exceed 10 percent of the 

22 activity value.’’. 

23 (b) CLERICAL AMENDMENT.—Such section is further 

24 amended by redesignating paragraph (4) as paragraph 

25 (3). 

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1 SEC. 316. AUTHORITY TO UTILIZE CONCESSION CON2 TRACTS AT ARMY NATIONAL CEMETERIES. 

3 (a) IN GENERAL.—Chapter 446 of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 4727. Cemetery concessions contracts 

7 ‘‘(a) IN GENERAL.—The Secretary of the Army may 

8 enter into concessions contracts at the Cemeteries. Subject 

9 to this section, any such contract shall be consistent with 

10 the provisions of chapter 137 of this title. 

11 ‘‘(b) SPECIAL REQUIREMENTS.—All services and 

12 concessioner conduct provided pursuant to a concessions 

13 contract under subsection (a) shall be performed in a man14 ner and to standards that fully honor the service and sac15 rifices of the deceased members of the armed forces. The 

16 Secretary may establish such concessions contract require17 ments as the Secretary deems necessary to ensure the pro18 tection, dignity, and solemnity of the Cemeteries. 

19 ‘‘(c) TERM OF CONCESSIONS CONTRACTS.— 

20 ‘‘(1) IN GENERAL.—A concessions contract en21 tered into under subsection (a) may be awarded for 

22 a term of up to 10 years. If the Secretary deter23 mines that the contract terms and conditions, in24 cluding any required construction of capital improve25 ments, warrant a longer term, the Secretary may 

26 award a contract for a term of up to 20 years. 

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1 ‘‘(2) TRANSPORTATION SERVICES.—Notwith2 standing paragraph (1), a concessions contract en3 tered into pursuant to subsection (a) solely for the 

4 provision of transportation services at the Ceme5 teries may provide for the contract to cover any pe6 riod up to five years and may extend the contract 

7 period for one or more successive periods pursuant 

8 to an option provided in the contract or a modifica9 tion of the contract. The total contract period as ex10 tended may not exceed 10 years. 

11 ‘‘(d) FRANCHISE FEES.—A concessions contract 

12 shall provide for payment to the government of a franchise 

13 fee or such other monetary consideration as determined 

14 by the Secretary. Generation of revenue for the United 

15 States shall be subordinate to the objectives of honoring 

16 the service and sacrifices of the deceased members of the 

17 armed forces and of providing necessary and appropriate 

18 services for visitors at reasonable rates. 

19 ‘‘(e) SPECIAL ACCOUNT.—All franchise fees (and 

20 other monetary consideration) under subsection (d) paid 

21 to the United States pursuant to concessions contracts 

22 shall be deposited into a special account established in the 

23 Treasury of the United States. The funds deposited in the 

24 special account shall be available for expenditure by the 

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1 tivities at the Cemeteries. The funds deposited into the 

2 special account shall remain available until expended. 

3 ‘‘(f) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘concessioner’ means a public or 

5 private entity, including a person, corporation, or 

6 partnership, that is awarded a concessions contract 

7 under subsection (a). 

8 ‘‘(2) The term ‘concessions contract’ means a 

9 contract for the provision of tour bus, interpretative, 

10 and other necessary and appropriate services to visi11 tors at the Cemeteries.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such chapter is amended by adding 

14 at the end the following new item: 

‘‘4727. Cemetery concessions contracts.’’. 

15 SEC. 317. FIVE-YEAR REAUTHORIZATION OF AUTHORITY TO 

16 PROVIDE CERTAIN OTHER AGENCIES THE 

17 DEPARTMENT OF DEFENSE REIMBURSEMENT 

18 RATE. 

19 Section 2642(a) of title 10, United States Code, is 

20 amended— 

21 (1) in the matter preceding paragraph (1), by 

22 striking ‘‘airlift’’ and inserting ‘‘transportation’’; 

23 and 

24 (2) in paragraph (3)— 

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1 (A) by striking ‘‘October 28, 2014’’ and 

2 inserting ‘‘September 30, 2019’’; 

3 (B) by striking ‘‘airlift’’ both places it ap4 pears and inserting ‘‘transportation’’; 

5 (C) by inserting ‘‘and military transpor6 tation services provided in support of foreign 

7 military sales’’ after ‘‘Department of Defense’’; 

8 and 

9 (D) by striking ‘‘air industry’’ and insert10 ing ‘‘transportation industry’’. 

11 SEC. 318. SOUTHERN SEA OTTER MILITARY READINESS 

12 AREAS. 

13 (a) ESTABLISHMENT OF THE SOUTHERN SEA OTTER

14 MILITARY READINESS AREAS.—Chapter 631 of title 10, 

15 United States Code, is amended by adding at the end the 

16 following new section: 

17 ‘‘§ 7235. Establishment of the Southern Sea Otter 

18 Military Readiness Areas 

19 ‘‘(a) ESTABLISHMENT.—The Secretary of the Navy 

20 shall establish areas, to be known as ‘Southern Sea Otter 

21 Military Readiness Areas’, for national defense purposes. 

22 Such areas shall include each of the following: 

23 ‘‘(1) The area that includes Naval Base Ven24 tura County, San Nicolas Island, and Begg Rock 

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1 and the adjacent and surrounding waters within the 

2 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′. 

3 ‘‘(2) The area that includes Naval Base Coro4 nado, San Clemente Island and the adjacent and 

5 surrounding waters running parallel to shore to 3 

6 nautical miles from the high tide line designated by 

7 part 165 of title 33, Code of Federal Regulations, on 

8 May 20, 2010, as the San Clemente Island 3NM 

9 Safety Zone. 

10 ‘‘(b) ACTIVITIES WITHIN THE SOUTHERN SEA

11 OTTER MILITARY READINESS AREAS.— 

12 ‘‘(1) INCIDENTAL TAKINGS UNDER ENDAN13 GERED SPECIES ACT OF 1973.—Sections 4 and 9 of 

14 the Endangered Species Act of 1973 (16 U.S.C. 

15 1533, 1538) shall not apply with respect to the inci16 dental taking of any southern sea otter in the South17 ern Sea Otter Military Readiness Areas in the 

18 course of conducting a military readiness activity. 

19 ‘‘(2) INCIDENTAL TAKINGS UNDER MARINE

20 MAMMAL PROTECTION ACT OF 1972.—Sections 101 

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1 and 102 of the Marine Mammal Protection Act of 

2 1972 (16 U.S.C. 1371, 1372) shall not apply with 

3 respect to the incidental taking of any southern sea 

4 otter in the Southern Sea Otter Military Readiness 

5 Areas in the course of conducting a military readi6 ness activity. 

7 ‘‘(3) TREATMENT AS SPECIES PROPOSED TO BE

8 LISTED.—For purposes of conducting a military 

9 readiness activity, any southern sea otter while with10 in the Southern Sea Otter Military Readiness Areas 

11 shall be treated for the purposes of section 7 of the 

12 Endangered Species Act of 1973 (16 U.S.C. 1536) 

13 as a member of a species that is proposed to be list14 ed as an endangered species or a threatened species 

15 under section 4 of the Endangered Species Act of 

16 1973 (16 U.S.C. 1533). 

17 ‘‘(c) REMOVAL.—Nothing in this section or any other 

18 Federal law shall be construed to require that any south19 ern sea otter located within the Southern Sea Otter Mili20 tary Readiness Areas be removed from the Areas. 

21 ‘‘(d) REVISION OR TERMINATION OF EXCEPTIONS.— 

22 The Secretary of the Interior may revise or terminate the 

23 application of subsection (b) if the Secretary of the Inte24 rior, in consultation with the Secretary of the Navy, deter25 mines that military activities occurring in the Southern 

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1 Sea Otter Military Readiness Areas are impeding the 

2 southern sea otter conservation or the return of southern 

3 sea otters to optimum sustainable population levels. 

4 ‘‘(e) MONITORING.— 

5 ‘‘(1) IN GENERAL.—The Secretary of the Navy 

6 shall conduct monitoring and research within the 

7 Southern Sea Otter Military Readiness Areas to de8 termine the effects of military readiness activities on 

9 the growth or decline of the southern sea otter popu10 lation and on the near-shore ecosystem. Monitoring 

11 and research parameters and methods shall be deter12 mined in consultation with the Service. 

13 ‘‘(2) REPORTS.—Not later than 24 months 

14 after the date of the enactment of this section and 

15 every three years thereafter, the Secretary of the 

16 Navy shall report to Congress and the public on 

17 monitoring undertaken pursuant to paragraph (1). 

18 ‘‘(f) DEFINITIONS.—In this section: 

19 ‘‘(1) SOUTHERN SEA OTTER.—The term ‘south20 ern sea otter’ means any member of the subspecies 

21 Enhydra lutris nereis. 

22 ‘‘(2) TAKE.—The term ‘take’— 

23 ‘‘(A) when used in reference to activities 

24 subject to regulation by the Endangered Species 

25 Act of 1973 (16 U.S.C. 1531 et seq.), shall 

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1 have the meaning given such term in that Act; 

2 and 

3 ‘‘(B) when used in reference to activities 

4 subject to regulation by the Marine Mammal 

5 Protection Act of 1972 (16 U.S.C. 1361 et 

6 seq.) shall have the meaning given such term in 

7 that Act. 

8 ‘‘(3) INCIDENTAL TAKING.—The term ‘inci9 dental taking’ means any take of a southern sea 

10 otter that is incidental to, and not the purpose of, 

11 the carrying out of an otherwise lawful activity. 

12 ‘‘(4) MILITARY READINESS ACTIVITY.—The 

13 term ‘military readiness activity’ has the meaning 

14 given that term in section 315(f) of the Bob Stump 

15 National Defense Authorization Act for Fiscal Year 

16 2003 (16 U.S.C. 703 note) and includes all training 

17 and operations of the armed forces that relate to 

18 combat and the adequate and realistic testing of 

19 military equipment, vehicles, weapons, and sensors 

20 for proper operation and suitability for combat use. 

21 ‘‘(5) OPTIMUM SUSTAINABLE POPULATION.— 

22 The term ‘optimum sustainable population’ means, 

23 with respect to any population stock, the number of 

24 animals that will result in the maximum productivity 

25 of the population or the species, keeping in mind the 

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1 carrying capacity of the habitat and the health of 

2 the ecosystem of which they form a constituent ele3 ment.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 at the end the following new item: 

‘‘7235. Establishment of the Southern Sea Otter Military Readiness Areas.’’. 

7 (c) CONFORMING AMENDMENT.—Section 1 of Public 

8 Law 99–625 (16 U.S.C. 1536 note) is repealed. 

9 TITLE IV—MILITARY 

10 PERSONNEL AUTHORIZATIONS 

11 Subtitle A—Active Forces 

12 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

13 The Armed Forces are authorized strengths for active 

14 duty personnel as of September 30, 2014, as follows: 

15 (1) The Army, 520,000. 

16 (2) The Navy, 323,600. 

17 (3) The Marine Corps, 190,200. 

18 (4) The Air Force, 327,600. 

19 Subtitle B—Reserve Forces 

20 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

21 (a) IN GENERAL.—The Armed Forces are authorized 

22 strengths for Selected Reserve personnel of the reserve 

23 components as of September 30, 2014, as follows: 

24 (1) The Army National Guard of the United 

25 States, 354,200. 

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1 (2) The Army Reserve, 205,000. 

2 (3) The Navy Reserve, 59,100. 

3 (4) The Marine Corps Reserve, 39,600. 

4 (5) The Air National Guard of the United 

5 States, 105,400. 

6 (6) The Air Force Reserve, 70,400. 

7 (7) The Coast Guard Reserve, 9,000. 

8 (b) END STRENGTH REDUCTIONS.—The end 

9 strengths prescribed by subsection (a) for the Selected Re10 serve of any reserve component shall be proportionately 

11 reduced by— 

12 (1) the total authorized strength of units orga13 nized to serve as units of the Selected Reserve of 

14 such component which are on active duty (other 

15 than for training) at the end of the fiscal year; and 

16 (2) the total number of individual members not 

17 in units organized to serve as units of the Selected 

18 Reserve of such component who are on active duty 

19 (other than for training or for unsatisfactory partici20 pation in training) without their consent at the end 

21 of the fiscal year. 

22 (c) END STRENGTH INCREASES.—Whenever units or 

23 individual members of the Selected Reserve for any reserve 

24 component are released from active duty during any fiscal 

25 year, the end strength prescribed for such fiscal year for 

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1 the Selected Reserve of such reserve component shall be 

2 increased proportionately by the total authorized strengths 

3 of such units and by the total number of such individual 

4 members. 

5 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

6 DUTY IN SUPPORT OF THE RESERVES. 

7 Within the end strengths prescribed in section 

8 411(a), the reserve components of the Armed Forces are 

9 authorized, as of September 30, 2014, the following num10 ber of Reserves to be serving on full-time active duty or 

11 full-time duty, in the case of members of the National 

12 Guard, for the purpose of organizing, administering, re13 cruiting, instructing, or training the reserve components: 

14 (1) The Army National Guard of the United 

15 States, 32,060. 

16 (2) The Army Reserve, 16,261. 

17 (3) The Navy Reserve, 10,159. 

18 (4) The Marine Corps Reserve, 2,261. 

19 (5) The Air National Guard of the United 

20 States, 14,734. 

21 (6) The Air Force Reserve, 2,911. 

22 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

23 (DUAL STATUS). 

24 The minimum number of military technicians (dual 

25 status) as of the last day of fiscal year 2014 for the remstockstill on DSK4VPTVN1PROD with BILLS

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1 serve components of the Army and the Air Force (notwith2 standing section 129 of title 10, United States Code) shall 

3 be the following: 

4 (1) For the Army National Guard of the United 

5 States, 27,210. 

6 (2) For the Army Reserve, 8,395. 

7 (3) For the Air National Guard of the United 

8 States, 21,875. 

9 (4) For the Air Force Reserve, 10,429. 

10 SEC. 414. FISCAL YEAR 2014 LIMITATION ON NUMBER OF 

11 NON-DUAL STATUS TECHNICIANS. 

12 (a) LIMITATIONS.— 

13 (1) NATIONAL GUARD.—Within the limitation 

14 provided in section 10217(c)(2) of title 10, United 

15 States Code, the number of non-dual status techni16 cians employed by the National Guard as of Sep17 tember 30, 2014, may not exceed the following: 

18 (A) For the Army National Guard of the 

19 United States, 1,600. 

20 (B) For the Air National Guard of the 

21 United States, 350. 

22 (2) ARMY RESERVE.—The number of non-dual 

23 status technicians employed by the Army Reserve as 

24 of September 30, 2014, may not exceed 595. 

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1 (3) AIR FORCE RESERVE.—The number of non2 dual status technicians employed by the Air Force 

3 Reserve as of September 30, 2014, may not exceed 

4 90. 

5 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

6 this section, the term ‘‘non-dual status technician’’ has the 

7 meaning given that term in section 10217(a) of title 10, 

8 United States Code. 

9 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU10 THORIZED TO BE ON ACTIVE DUTY FOR 

11 OPERATIONAL SUPPORT. 

12 During fiscal year 2014, the maximum number of 

13 members of the reserve components of the Armed Forces 

14 who may be serving at any time on full-time operational 

15 support duty under section 115(b) of title 10, United 

16 States Code, is the following: 

17 (1) The Army National Guard of the United 

18 States, 17,000. 

19 (2) The Army Reserve, 13,000. 

20 (3) The Navy Reserve, 6,200. 

21 (4) The Marine Corps Reserve, 3,000. 

22 (5) The Air National Guard of the United 

23 States, 16,000. 

24 (6) The Air Force Reserve, 14,000. 

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1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 hereby authorized to be appropriated for military per6 sonnel for fiscal year 2014 a total of $130,399,881,000. 

7 (b) CONSTRUCTION OF AUTHORIZATION.—The au8 thorization of appropriations in subsection (a) supersedes 

9 any other authorization of appropriations (definite or in10 definite) for such purpose for fiscal year 2014. 

11 TITLE V—MILITARY PERSONNEL 

12 AUTHORIZATIONS 

13 Subtitle A—Officer Personnel 

14 Policy 

15 SEC. 501. INFORMATION TO BE PROVIDED TO BOARDS CON16 SIDERING OFFICERS FOR SELECTIVE EARLY 

17 REMOVAL FROM THE RESERVE ACTIVE-STA18 TUS LIST. 

19 Section 14704(a) of title 10, United States Code, is 

20 amended— 

21 (1) By inserting ‘‘(1)’’ after ‘‘ACTIVE-STATUS

22 LIST.—’’; 

23 (2) by striking ‘‘all’’; 

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1 (3) by striking ‘‘, in the number specified by 

2 the Secretary by each grade and competitive cat3 egory’’; and 

4 (4) by adding at the end the following new 

5 paragraphs: 

6 ‘‘(2) The Secretary of the military department con7 cerned shall specify the number of officers described in 

8 paragraph (1) that a selection board convened under sec9 tion 14101(b) of this title may recommend for removal 

10 from the reserve active-status list. 

11 ‘‘(3) When the Secretary of the military department 

12 concerned submits a list of officers to a selection board 

13 convened under section 14101(b) of this title to consider 

14 officers for selection for removal from the reserve active15 status list under this section, such list (except as provided 

16 in paragraph (4)) shall include each officer on the reserve 

17 active-status list in the same grade and competitive cat18 egory whose position on the reserve active-status list is 

19 between that of the most junior officer in that grade and 

20 competitive category whose name is submitted to the 

21 board and that of the most senior officer in that grade 

22 and competitive category whose name is submitted to the 

23 board. 

24 ‘‘(4) A list under paragraph (3) may not include an 

25 officer in that grade and competitive category who has 

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1 been approved for voluntary retirement or who is to be 

2 involuntarily retired under any provision of law during the 

3 fiscal year in which the selection board is convened or dur4 ing the following fiscal year.’’. 

5 Subtitle B—Reserve Component 

6 Management 

7 SEC. 511. REMOVAL OF RESTRICTIONS ON THE TRANSFER 

8 OF OFFICERS TO THE INACTIVE NATIONAL 

9 GUARD. 

10 (a) REMOVAL OF RESTRICTIONS.—Chapter 3 of title 

11 32, United States Code, is amended by adding at the end 

12 the following new section: 

13 ‘‘§ 311. Active and inactive National Guard; transfer 

14 of officers 

15 ‘‘During the period ending on December 31, 2016, 

16 nothing in this chapter shall prevent any of the following: 

17 ‘‘(1) An officer of the Army National Guard 

18 who fills a vacancy in a federally recognized unit of 

19 the Army National Guard from being transferred 

20 from the active Army National Guard to the inactive 

21 Army National Guard. 

22 ‘‘(2) An officer of the Air National Guard who 

23 fills a vacancy in a federally recognized unit of the 

24 Air National Guard from being transferred from the 

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1 active Air National Guard to the inactive Air Na2 tional Guard. 

3 ‘‘(3) An officer of the Army National Guard 

4 transferred to the inactive Army National Guard 

5 from being transferred from the inactive Army Na6 tional Guard to the active Army National Guard to 

7 fill a vacancy in a federally recognized unit. 

8 ‘‘(4) An officer of the Air National Guard 

9 transferred to the inactive Air National Guard from 

10 being transferred from the inactive Air National 

11 Guard to the active Air National Guard to fill a va12 cancy in a federally recognized unit.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by adding 

15 at the end the following new item: 

‘‘311. Active and inactive National Guard; transfer of officers.’’. 

16 SEC. 512. PILOT PROGRAM TO ALLOW ESTABLISHMENT OF 

17 ACTIVE STATUS AND INACTIVE STATUS LISTS 

18 OF MEMBERS IN THE INACTIVE NATIONAL 

19 GUARD. 

20 (a) AUTHORITY TO MAINTAIN ACTIVE AND INACTIVE

21 STATUS LISTS IN THE INACTIVE NATIONAL GUARD.— 

22 Section 303 of title 32, United States Code, is amended 

23 by adding at the end the following new subsection: 

24 ‘‘(d)(1) The Secretary of the Army and the Secretary 

25 of the Air Force may maintain an active status list and 

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1 an inactive status list of members in the inactive Army 

2 National Guard and the inactive Air National Guard, re3 spectively. 

4 ‘‘(2) The total number of Army National Guard and 

5 Air National Guard members, combined, on the active sta6 tus lists and the inactive status lists assigned to the inac7 tive National Guard may not exceed 10,000 during any 

8 period. 

9 ‘‘(3) The total number of Army National Guard and 

10 Air National Guard members, combined, on the active sta11 tus lists of the inactive National Guard may not exceed 

12 4,000 during any period. 

13 ‘‘(4) The authority under this subsection expires at 

14 the close of December 31, 2016.’’. 

15 (b) TWO-WAY TRANSFERS OF MEMBERS FORMERLY

16 ENLISTED IN INACTIVE NATIONAL GUARD.—Subsection 

17 (b) of such section is amended— 

18 (1) by striking ‘‘Under such’’ at the beginning 

19 of the first sentence and inserting ‘‘(1) Except as 

20 provided in paragraph (2) and under such’’; 

21 (2) by striking ‘‘Under such’’ at the beginning 

22 of the second sentence and inserting ‘‘Except as pro23 vided in paragraph (2) and under such’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 

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1 ‘‘(2) During the period beginning on the date of the 

2 enactment of this paragraph and ending on December 31, 

3 2016, an enlisted member of the active Army National 

4 Guard may be transferred to the inactive Army National 

5 Guard without regard to whether the member was for6 merly enlisted in the inactive Army National Guard and 

7 an enlisted member of the active Air National Guard may 

8 be transferred to the inactive Air National Guard without 

9 regard to whether the member was formerly enlisted in 

10 the inactive Air National Guard.’’. 

11 (c) DEFINITION OF ‘‘ACTIVE STATUS’’.—Section 

12 101(d)(4) of title 10, United States Code, is amended by 

13 adding at the end the following new sentence: ‘‘However, 

14 in the case of members of the Army National Guard of 

15 the United States during any period during which there 

16 is an inactive status list for the inactive Army National 

17 Guard under section 303(d) of title 32, such term means 

18 the status of such a member who is not assigned to the 

19 inactive status list of the inactive Army National Guard, 

20 on another inactive status list, or in the Retired Reserve, 

21 and in the case of members of the Air National Guard 

22 of the United States during any period during which there 

23 is an inactive status list for the inactive Air National 

24 Guard under section 303(d) of title 32, such term means 

25 the status of such a member who is not assigned to the 

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1 inactive status list of the inactive Air National Guard, on 

2 another inactive status list, or in the Retired Reserve.’’. 

3 (d) MEMBERS IN INACTIVE STATUS; TRAINING CAT4 EGORIES.—Section 10141 of such title is amended by add5 ing at the end the following new subsection: 

6 ‘‘(d)(1) During any period during which there is an 

7 inactive status list for the inactive Army National Guard 

8 under section 303(d) of title 32— 

9 ‘‘(A) the first sentence of subsection (b) shall 

10 apply only with respect to Reserves assigned to the 

11 inactive Army National Guard who are assigned to 

12 the inactive status list; and 

13 ‘‘(B) the exclusion of the Army National Guard 

14 of the United States under the first sentence of sub15 section (c) shall be inapplicable. 

16 ‘‘(2) During any period during which there is an inac17 tive status list for the inactive Air National Guard under 

18 section 303(d) of title 32— 

19 ‘‘(A) the first sentence of subsection (b) shall 

20 apply only with respect to Reserves assigned to the 

21 inactive Air National Guard who are assigned to the 

22 inactive status list; and 

23 ‘‘(B) the exclusion of the Air National Guard of 

24 the United States under the first sentence of sub25 section (c) shall be inapplicable.’’. 

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1 (e) COMPUTATION OF YEARS OF SERVICE FOR ENTI2 TLEMENT TO RETIRED PAY.—Paragraph (3) of section 

3 12732(b) of such title is amended to read as follows: 

4 ‘‘(3) Service in the inactive National Guard (for 

5 any period other than a period during which there 

6 is an inactive status list for the inactive National 

7 Guard under section 303(d) of title 32) and service 

8 while assigned to the inactive status list of the inac9 tive National Guard (for any period during which 

10 there is an inactive status list for the inactive Na11 tional Guard under section 303(d) of title 32).’’. 

12 (f) ELIGIBILITY FOR INACTIVE-DUTY TRAINING

13 PAY.—Section 206(c) of title 37, United States Code, is 

14 amended by adding at the end the following new sentence: 

15 ‘‘However, with respect to any period during which there 

16 is an inactive status list for the inactive National Guard 

17 under section 303(d) of title 32, the limitation in the pre18 ceding sentence shall be applicable to persons assigned to 

19 the inactive status list of the inactive National Guard, 

20 rather than to persons enlisted in the inactive National 

21 Guard.’’. 

22 (g) EVALUATION OF THE PILOT PROGRAM.—By the 

23 end of the pilot period, the Department of Defense shall 

24 commission an independent study evaluating the effective25 ness of using the active status Inactive National Guard 

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1 to improve the readiness of the Army National Guard.

2 The study should include, for each year of the pilot, infor3 mation on 1) how many personnel were transferred to the 

4 active status Inactive National Guard; 2) how many of 

5 these vacancies were filled with personnel new to the Army 

6 National Guard; 3) the additional cost of filling these posi7 tions; and 4) impact on drill and annual training partici8 pation rates. The study also should assess the impact on 

9 medical readiness category 3B personnel transferred to 

10 the active status Inactive National Guard, including how 

11 long it took them to complete the Integrated Disability 

12 Evaluation System (IDES) process, and how satisfied they 

13 were with their unit’s management and collaboration dur14 ing the IDES process. 

15 SEC. 513. FORUM FOR PROCESSING OF COMPLAINTS OF 

16 WRONGFUL DISCRIMINATION BY NATIONAL 

17 GUARD MILITARY TECHNICIANS (DUAL STA18 TUS). 

19 (a) IN GENERAL.—Section 709 of title 32, United 

20 States Code, is amended by adding at the end the fol21 lowing new subsection: 

22 ‘‘(j) A complaint of wrongful discrimination by a per23 son employed under subsection (a) who is a military tech24 nician (dual status) and otherwise subject to the require25 ments of subsection (b) shall be considered a complaint 

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1 of wrongful discrimination by a member of the armed 

2 forces.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall apply with respect to a complaint of 

5 wrongful discrimination initiated on or after the date of 

6 the enactment of this Act. 

7 SEC. 514. AUTHORITY FOR INCREASE IN NUMBER OF AIR 

8 FORCE RESERVE MILITARY TECHNICIANS 

9 (DUAL STATUS) WHO MAY BE ASSIGNED TO 

10 POSITIONS OUTSIDE AIR FORCE RESERVE 

11 UNIT PROGRAM. 

12 Section 10216(d)(3) of title 10, United States Code, 

13 is amended by striking ‘‘except that’’ and all that follows 

14 and inserting ‘‘except that the number of such technicians 

15 assigned outside of the Air Force Reserve unit program 

16 at the same time during any fiscal year may not exceed 

17 2 percent of the authorized end strength for military tech18 nicians (dual status) for the Air Force Reserve for that 

19 fiscal year.’’. 

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1 Subtitle C—Education and 

2 Training 

3 SEC. 521. EXTENSION OF EDUCATIONAL ASSISTANCE FOR 

4 MEMBERS OF THE SELECTIVE RESERVE WHO 

5 ARE INVOLUNTARILY SEPARATED. 

6 (a) PRESERVATION OF EDUCATIONAL ASSISTANCE

7 ENTITLEMENT FOR CERTAIN FORMER MEMBERS OF THE

8 SELECTED RESERVE.— 

9 (1) EXTENSION.—Paragraph (1)(B) of section 

10 16133(b) of title 10, United States Code, is amend11 ed by striking ‘‘September 30, 2014’’ and inserting 

12 ‘‘December 31, 2018’’. 

13 (2) CROSS-REFERENCE AMENDMENTS TO RE14 FLECT PRIOR AMENDMENT.—Such section is further 

15 amended by striking ‘‘clause (2) of’’ in paragraphs 

16 (1) and (4)(B). 

17 (b) BASIC EDUCATIONAL ASSISTANCE ENTITLEMENT

18 FOR SERVICE IN THE SELECTIVE RESERVE.—Subpara19 graph (B)(iii) of section 3012(b)(1) of title 38, United 

20 States Code, is amended by inserting ‘‘or the period begin21 ning on October 1, 2013, and ending on December 31, 

22 2018,’’ after ‘‘September 30, 1999,’’. 

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1 SEC. 522. AUTHORITY FOR JOINT PROFESSIONAL MILITARY 

2 EDUCATION PHASE II INSTRUCTION AND 

3 CREDIT TO BE OFFERED AND AWARDED 

4 THROUGH THE SENIOR LEVEL COURSE OF 

5 THE SCHOOL OF ADVANCED MILITARY STUD6 IES OF THE UNITED STATES ARMY COMMAND 

7 AND GENERAL STAFF COLLEGE. 

8 Section 2151(b) of title 10, United States Code, is 

9 amended— 

10 (1) by adding at the end of paragraph (1) the 

11 following new subparagraph: 

12 ‘‘(E) The senior-level course of the School 

13 of Advanced Military Studies of the United 

14 States Army Command and General Staff Col15 lege.’’; and 

16 (2) in paragraph (2)(A), by inserting before the 

17 period at the end the following: ‘‘(other than with 

18 respect to the course specified in paragraph 

19 (1)(E))’’. 

20 SEC. 523. MODIFICATION OF ELIGIBILITY FOR ASSOCIATE 

21 DEGREE PROGRAMS UNDER THE COMMU22 NITY COLLEGE OF THE AIR FORCE. 

23 Section 9315(b) of title 10, United States Code, is 

24 amended by adding at the end the following new para25 graph: 

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1 ‘‘(3) Enlisted members of the armed forces 

2 other than the Air Force participating in joint-serv3 ice medical training and education or who are serv4 ing as instructors in such joint-service medical train5 ing and education.’’. 

6 Subtitle D—Administrative 

7 Procedure 

8 SEC. 531. PROCEDURES FOR JUDICIAL REVIEW OF MILI9 TARY PERSONNEL DECISIONS RELATING TO 

10 CORRECTION OF MILITARY RECORDS. 

11 (a) JUDICIAL REVIEW.— 

12 (1) IN GENERAL.—Chapter 79 of title 10, 

13 United States Code, is amended by adding at the 

14 end the following new section: 

15 ‘‘§ 1560. Judicial review of decisions relating to cor16 rection of military records 

17 ‘‘(a) AVAILABILITY OF JUDICIAL REVIEW.— 

18 ‘‘(1) IN GENERAL.—Any person adversely af19 fected by a records correction final decision may ob20 tain judicial review of the decision in a court with 

21 jurisdiction to hear the matter. 

22 ‘‘(2) RECORDS CORRECTION FINAL DECISION

23 DEFINED.—In this section, the term ‘records correc24 tion final decision’ means any of the following: 

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1 ‘‘(A) A final decision issued by the Sec2 retary concerned pursuant to section 1552 of 

3 this title. 

4 ‘‘(B) A final decision issued by the Sec5 retary of a military department or the Sec6 retary of Homeland Security pursuant to sec7 tion 1034(f) of this title. 

8 ‘‘(C) A final decision issued by the Sec9 retary of Defense pursuant to section 1034(g) 

10 of this title. 

11 ‘‘(b) MATTERS MUST BE JUSTICIABLE.—Notwith12 standing subsection (a), a court in which judicial review 

13 of a records correction final decision is sought does not 

14 have jurisdiction to review any matter or issue raised in 

15 a petition of review that is not justiciable. 

16 ‘‘(c) EXHAUSTION OF ADMINISTRATIVE REM17 EDIES.— 

18 ‘‘(1) GENERAL RULE.—Except as provided in 

19 paragraph (3), judicial review of a matter that could 

20 be subject to correction under a provision of law 

21 specified in subsection (a)(2) in a case arising after 

22 the date of the enactment of this section may not be 

23 obtained under this section or any other provision of 

24 law unless— 

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1 ‘‘(A) the petitioner has requested a correc2 tion under section 1552 of this title (including 

3 such a request in a matter arising under section 

4 1034 of this title); and 

5 ‘‘(B) the Secretary concerned has rendered 

6 a final decision denying that correction in whole 

7 or in part. 

8 ‘‘(2) WHISTLEBLOWER CASES.—In a case aris9 ing after the date of the enactment of this section 

10 in which the final decision of the Secretary con11 cerned is subject to review by the Secretary of De12 fense under section 1034(g) of this title, the peti13 tioner is not required to seek such review before ob14 taining judicial review, but if the petitioner seeks 

15 such review, judicial review may not be sought until 

16 the Secretary of Defense has made a decision in the 

17 matter or the end of the period specified in that sec18 tion for the Secretary to make such a decision, 

19 whichever occurs first. 

20 ‘‘(3) CLASS ACTIONS.—In the case of a matter 

21 subject to correction under a provision of law speci22 fied in subsection (a)(2) in a case arising after the 

23 date of the enactment of this section in which judi24 cial review is not precluded by reason of paragraph 

25 (1) or (2), if judicial review of a records correction 

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1 final decision of the matter is sought and if the peti2 tioner for judicial review also seeks to bring a class 

3 action with respect to a matter for which the peti4 tioner requested a correction under section 1552 of 

5 this title (including such a request in a matter aris6 ing under section 1034 of this title) and if the court 

7 issues an order certifying a class in the case, the 

8 limitations of paragraphs (1) and (2) shall be inap9 plicable to any member of the class (other than the 

10 petitioner) with respect to any matter covered by a 

11 claim for which the class is certified. 

12 ‘‘(d) STATUTES OF LIMITATION.— 

13 ‘‘(1) TWO YEARS FROM FINAL DECISION.—In 

14 the case of a records correction final decision that 

15 is issued on or after the date of the enactment of 

16 this section, such decision is not subject to judicial 

17 review under this section or otherwise subject to re18 view in any court unless petition for such review is 

19 filed in a court not later than two years after the 

20 date of the final decision other than in a matter to 

21 which paragraph (2) applies. 

22 ‘‘(2) SIX YEARS FOR CERTAIN CLAIMS THAT

23 MAY RESULT IN PAYMENT OF MONEY.—(A) In the 

24 case of a records correction final decision that is 

25 issued on or after the date of the enactment of this 

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1 section and which is described in subparagraph (B), 

2 such decision (or the portion of such decision de3 scribed in such subparagraph) is not subject to judi4 cial review under this section or otherwise subject to 

5 review in any court unless petition for such review 

6 is filed in a court not later than six years after the 

7 date of discharge, retirement, release from active 

8 duty, or death while on active duty of the person 

9 whose military records are the subject of the correc10 tion request. There shall be excluded from the com11 putation of such six-year period the period (i) begin12 ning on the date of the filing with the Secretary of 

13 a request for correction of military records leading 

14 to the records correction final decision, and (ii) end15 ing on the date of such decision. 

16 ‘‘(B) A records correction final decision is de17 scribed in this subparagraph to the extent that the 

18 decision, or portion of the decision, is a denial of a 

19 claim that, if relief were to be granted by the court, 

20 would support, or result in, the payment of money, 

21 other than payments made under chapter 73 of this 

22 title, either under a court order or under a subse23 quent administrative determination. 

24 ‘‘(e) SOLE BASIS FOR JUDICIAL REVIEW.—In the 

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1 actment of this section, no court shall have jurisdiction 

2 to review any matter subject to correction under a provi3 sion of law specified in subsection (a)(2) except as pro4 vided in this section. 

5 ‘‘(f) HABEAS CORPUS.—This section does not affect 

6 any cause of action arising under chapter 153 of title 28.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such chapter is amended 

9 by adding at the end the following new item: 

‘‘1560. Judicial review of decisions.’’. 

10 (b) EFFECT OF DENIAL OF REQUEST FOR CORREC11 TION OF RECORDS WHEN PROHIBITED PERSONNEL AC12 TION ALLEGED.— 

13 (1) NOTICE OF DENIAL; PROCEDURES FOR JU14 DICIAL REVIEW.—Subsection (f) of section 1034 of 

15 such title is amended by adding at the end the fol16 lowing new paragraph: 

17 ‘‘(7) In any case in which the final decision of 

18 the Secretary concerned results in denial, in whole 

19 or in part, of any requested correction of the record 

20 of the member or former member, the Secretary con21 cerned shall provide the member or former member 

22 a concise written statement of the basis for the deci23 sion and a notification of the availability of judicial 

24 review of the decision pursuant to section 1560 of 

25 this title and the time for obtaining such review.’’. 

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1 (2) SECRETARY OF DEFENSE REVIEW; NOTICE

2 OF DENIAL.—Subsection (g) of such section is 

3 amended— 

4 (A) by inserting ‘‘(1)’’ before ‘‘Upon the 

5 completion of all’’; and 

6 (B) by adding at the end the following new 

7 paragraph: 

8 ‘‘(2) The submittal of a matter to the Secretary 

9 of Defense by the member or former member under 

10 paragraph (1) must be made within 90 days of the 

11 receipt by the member or former member of the final 

12 decision of the Secretary of the military department 

13 concerned in the matter. In any case in which the 

14 final decision of the Secretary of Defense results in 

15 denial, in whole or in part, of any requested correc16 tion of the record of the member or former member, 

17 the Secretary of Defense shall provide the member 

18 or former member a concise written statement of the 

19 basis for the decision and a notification of the avail20 ability of judicial review of the decision pursuant to 

21 section 1560 of this title and the time for obtaining 

22 such review.’’. 

23 (3) SOLE BASIS FOR JUDICIAL REVIEW.—Such 

24 section is further amended— 

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1 (A) by redesignating subsections (h) and 

2 (i) as subsections (i) and (j), respectively; and 

3 (B) by inserting after subsection (g) the 

4 following new subsection (h): 

5 ‘‘(h) JUDICIAL REVIEW.— 

6 ‘‘(1) A decision of the Secretary of Defense 

7 under subsection (g) shall be subject to judicial re8 view only as provided in section 1560 of this title. 

9 ‘‘(2) In a case in which review by the Secretary 

10 of Defense under subsection (g) was not sought, a 

11 decision of the Secretary of a military department 

12 under subsection (f) shall be subject to judicial re13 view only as provided in section 1560 of this title. 

14 ‘‘(3) A decision by the Secretary of Homeland 

15 Security under subsection (f) shall be subject to ju16 dicial review only as provided in section 1560 of this 

17 title.’’. 

18 (c) EFFECT OF DENIAL OF OTHER REQUESTS FOR

19 CORRECTION OF MILITARY RECORDS.—Section 1552 of 

20 such title is amended by adding at the end the following 

21 new subsections: 

22 ‘‘(h) In any case in which the final decision of the 

23 Secretary concerned results in denial, in whole or in part, 

24 of any requested correction, the Secretary concerned shall 

25 provide the claimant a concise written statement of the 

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1 basis for the decision and a notification of the availability 

2 of judicial review of the decision pursuant to section 1560 

3 of this title and the time for obtaining such review. 

4 ‘‘(i) A decision by the Secretary concerned under this 

5 section shall be subject to judicial review only as provided 

6 in section 1560 of this title.’’. 

7 (d) EFFECTIVE DATE AND RETROACTIVE APPLICA8 TION.— 

9 (1) EFFECTIVE DATE.—The amendments made 

10 by this section shall take effect one year after the 

11 date of the enactment of this Act. 

12 (2) RETROACTIVE APPLICATION.—The amend13 ments made by this section shall apply to all final 

14 decisions of the Secretary of Defense under section 

15 1034(g) of title 10, United States Code, and of the 

16 Secretary of a military department and the Sec17 retary of Homeland Security under sections 1034(f) 

18 or 1552 of such title, whether rendered before, on, 

19 or after the date of the enactment of this Act. 

20 (3) TRANSITION.—During the period between 

21 the date of the enactment of this Act and the effec22 tive date specified in paragraph (1), in any case in 

23 which the final decision of the Secretary of Defense 

24 under section 1034(g) of title 10, United States 

25 Code, or the Secretary concerned under sections 

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1 1034(f) or 1552 of title 10, United States Code, re2 sults in denial, in whole or in part, of any requested 

3 correction of the record of a member or former 

4 member of the Armed Forces or the record of a 

5 claimant under such section 1552, the individual 

6 shall be informed in writing of the time for obtaining 

7 review of the decision pursuant to section 1560 of 

8 such title, as added by subsection (a). 

9 (e) IMPLEMENTATION.—The Secretaries concerned 

10 (as defined in section 101(a)(9) of title 10, United States 

11 Code) may prescribe appropriate regulations, and interim 

12 guidance before prescribing such regulations, to imple13 ment the amendments made by this section. In the case 

14 of the Secretary of a military department, such regulations 

15 may not take effect until approved by the Secretary of De16 fense. 

17 (f) CONSTRUCTION.—This section and the amend18 ments made by this section do not affect the authority 

19 of any court to exercise jurisdiction over any case that was 

20 properly before the court before the effective date specified 

21 in subsection (d)(1). 

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1 Subtitle E—Decorations and 

2 Awards 

3 SEC. 541. REPEAL OF LIMITATION ON NUMBER OF MEDALS 

4 OF HONOR THAT MAY BE AWARDED TO A 

5 MEMBER OF THE ARMED FORCES. 

6 (a) ARMY.—Section 3744(a) of title 10, United 

7 States Code, is amended by striking ‘‘medal of honor,’’. 

8 (b) NAVY AND MARINE CORPS.—Section 6247 of title 

9 10, United States Code, is amended by striking ‘‘medal 

10 of honor,’’. 

11 (c) AIR FORCE.—Section 8744(a) of title 10, United 

12 States Code, is amended by striking ‘‘medal of honor,’’. 

13 (d) COAST GUARD.—Section 494 of title 14, United 

14 States Code, is amended by striking ‘‘medal of honor,’’ 

15 both places it appears. 

16 SEC. 542. STANDARDIZATION OF TIME-LIMITS FOR RECOM17 MENDING AND AWARDING A MEDAL OF 

18 HONOR, SERVICE CROSS, OR DISTINGUISHED19 SERVICE MEDAL ACROSS THE ARMED 

20 FORCES. 

21 (a) ARMY.—Section 3744(b) of title 10, United 

22 States Code, is amended— 

23 (1) in paragraph (1), by striking ‘‘three years’’ 

24 and inserting ‘‘five years’’; and 

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1 (2) in paragraph (2), by striking ‘‘two years’’ 

2 and inserting ‘‘three years’’. 

3 (b) AIR FORCE.—Section 8744(b) of such title is 

4 amended— 

5 (1) in paragraph (1), by striking ‘‘three years’’ 

6 and inserting ‘‘five years’’; and 

7 (2) in paragraph (2), by striking ‘‘two years’’ 

8 and inserting ‘‘three years’’. 

9 SEC. 543. RECODIFICATION AND REVISION OF ARMY, NAVY, 

10 AIR FORCE, AND COAST GUARD MEDAL OF 

11 HONOR ROLL. 

12 (a) AUTOMATIC ENROLLMENT AND FURNISHING OF

13 CERTIFICATE.— 

14 (1) IN GENERAL.—Chapter 57 of title 10, 

15 United States Code, is amended by adding at the 

16 end the following new section: 

17 ‘‘§ 1136. Army, Navy, Air Force, and Coast Guard 

18 Medal of Honor Roll 

19 ‘‘(a) ESTABLISHMENT.—There shall be in the De20 partment of the Army, the Department of the Navy, the 

21 Department of the Air Force, and the Department of 

22 Homeland Security, respectively, a roll designated as the 

23 ‘Army, Navy, Air Force, and Coast Guard Medal of Honor 

24 Roll’. 

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1 ‘‘(b) ENROLLMENT.—The Secretary concerned shall 

2 enter and record on such roll the name of each person 

3 who has served on active duty in the armed forces and 

4 who has been awarded a medal of honor pursuant to sec5 tion 3741, 6241, or 8741 of this title or section 491 of 

6 title 14. 

7 ‘‘(c) CERTIFICATE.— 

8 ‘‘(1) IN GENERAL.—Each living person whose 

9 name is entered on the Army, Navy, Air Force, and 

10 Coast Guard Medal of Honor Roll shall be furnished 

11 a certificate of enrollment on such roll. 

12 ‘‘(2) ENTITLEMENT TO SPECIAL PENSION.— 

13 The Secretary concerned shall deliver to the Sec14 retary of Veterans Affairs a certified copy of each 

15 certificate of enrollment issued under paragraph (1). 

16 Such copy shall authorize the Secretary of Veterans 

17 Affairs to pay the special pension provided by sec18 tion 1562 of title 38 to the person named in the cer19 tificate.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of such chapter of title 10 is 

22 amended by adding at the end the following new 

23 item: 

‘‘1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll.’’. 

24 (b) SPECIAL PENSION.— 

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1 (1) AUTOMATIC ENTITLEMENT.—Section 

2 1562(a) of title 38, United States Code, is amend3 ed— 

4 (A) by inserting ‘‘living’’ after ‘‘each’’; 

5 (B) by striking ‘‘subsection (c) of section 

6 1561 of this title’’ and inserting ‘‘subsection 

7 (c)(2) of section 1136 of title 10’’; and 

8 (C) by striking ‘‘application therefor under 

9 section 1560 of this title’’ and inserting ‘‘such 

10 person’s name is entered on the Army, Navy, 

11 Air Force, and Coast Guard Medal of Honor 

12 Roll under section 1136(b) of title 10’’. 

13 (2) ELECTION TO DECLINE SPECIAL PEN14 SION.—Section 1562 of such title is further amend15 ed by adding at the end the following new sub16 section: 

17 ‘‘(g)(1) A person who is entitled to a special pension 

18 under subsection (a) may elect not to receive such special 

19 pension by notifying the Secretary of such election in writ20 ing. 

21 ‘‘(2) The Secretary, upon receipt of such election, 

22 shall cease payments of the special pension to such per23 son.’’. 

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1 (3) TECHNICAL AMENDMENT.—Section 1562(a) 

2 of such title is further amended by striking ‘‘roll’’ 

3 and inserting ‘‘Roll’’. 

4 (c) CONFORMING AMENDMENTS.— 

5 (1) REPEAL OF RECODIFIED PROVISIONS.—Sec6 tions 1560 and 1561 of title 38, United States Code, 

7 are repealed. 

8 (2) CLERICAL AMENDMENTS.—The table of sec9 tions at the beginning of chapter 15 of such title is 

10 amended by striking the items relating to sections 

11 1560 and 1561. 

12 (d) EFFECTIVE DATE.—The amendments made by 

13 this section shall be effective with respect to medals of 

14 honor awarded on or after the date of the enactment of 

15 this Act. 

16 Subtitle F—Other Matters 

17 SEC. 551. AUTHORITY TO PROVIDE CERTAIN EXPENSES 

18 FOR CARE AND DISPOSITION OF HUMAN RE19 MAINS THAT WERE RETAINED BY THE DE20 PARTMENT OF DEFENSE FOR FORENSIC PA21 THOLOGY INVESTIGATION. 

22 (a) DISPOSITION OF REMAINS OF PERSONS WHOSE

23 DEATH IS INVESTIGATED BY THE ARMED FORCES MED24 ICAL EXAMINER.— 

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1 (1) COVERED DECEDENTS.—Section 1481(a) of 

2 title 10, United States Code, is amended by adding 

3 at the end the following new paragraph: 

4 ‘‘(10) To the extent authorized under section 

5 1482(g) of this title, any person not otherwise cov6 ered by the preceding paragraphs whose remains (or 

7 partial remains) have been retained by the Secretary 

8 concerned for purposes of a forensic pathology inves9 tigation by the Armed Forces Medical Examiner 

10 under section 1471 of this title.’’. 

11 (2) AUTHORIZED EXPENSES RELATING TO

12 CARE AND DISPOSITION OF REMAINS.—Section 1482 

13 of such title is amended by adding at the end the 

14 following new subsection: 

15 ‘‘(g)(1) The payment of expenses incident to the re16 covery, care, and disposition of the remains of a decedent 

17 covered by section 1481(a)(10) of this title is limited to 

18 those expenses that, as determined under regulations pre19 scribed by the Secretary of Defense, would not have been 

20 incurred but for the retention of those remains for pur21 poses of a forensic pathology investigation by the Armed 

22 Forces Medical Examiner under section 1471 of this title. 

23 The Secretary concerned shall pay all other expenses au24 thorized to be paid under this section only on a reimburs25 able basis. Amounts reimbursed to the Secretary conmstockstill on DSK4VPTVN1PROD with BILLS

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1 cerned under this subsection shall be credited to appro2 priations available at the time of reimbursement for the 

3 payment of such expenses. 

4 ‘‘(2) In a case covered by paragraph (1), if the person 

5 designated under subsection (c) to direct disposition of the 

6 remains of a decedent does not direct disposition of the 

7 remains that were retained for the forensic pathology in8 vestigation, the Secretary may pay for the transportation 

9 of those remains to, and interment or inurnment of those 

10 remains in, an appropriate place selected by the Secretary, 

11 in lieu of the transportation authorized to be paid under 

12 paragraph (8) of subsection (a). 

13 ‘‘(3) In a case covered by paragraph (1), expenses 

14 that may be paid do not include expenses with respect to 

15 an escort under paragraph (8) of subsection (a), whether 

16 or not on a reimbursable basis.’’. 

17 (b) CLARIFICATION OF COVERAGE OF INURNMENT.— 

18 Section 1482(a)(9) of such title is amended by inserting 

19 ‘‘or inurnment’’ after ‘‘interment’’. 

20 (c) TECHNICAL AMENDMENT.—Section 1482(f) of 

21 such title is amended in the third sentence by striking 

22 ‘‘subsection’’ and inserting ‘‘section’’. 

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1 SEC. 552. EXPANSION OF PRIVILEGED INFORMATION PRO2 VISION TO DEBRIEFING REPORTS OF CER3 TAIN RECOVERED PERSONS WHO WERE 

4 NEVER PLACED IN A MISSING STATUS. 

5 (a) PERSONNEL FILES.—Section 1506 of title 10, 

6 United States Code, is amended— 

7 (1) in subsection (d)— 

8 (A) by redesignating paragraphs (2) and 

9 (3) as paragraphs (3) and (4), respectively; and 

10 (B) by inserting after paragraph (1) the 

11 following new paragraph (2): 

12 ‘‘(2) The Secretary concerned shall withhold 

13 from personnel files under this section, as privileged 

14 information, any survival, evasion, resistance and es15 cape debriefing report provided by a person de16 scribed in section 1501(c) of this title who is re17 turned to United States control which is obtained 

18 under a promise of confidentiality made for the pur19 pose of ensuring the fullest possible disclosure of in20 formation.’’; and 

21 (2) in subsection (f), by striking ‘‘paragraphs 

22 (2) and (3)’’ and inserting ‘‘paragraphs (3) and 

23 (4)’’. 

24 (b) DEFINITION.—Section 1513 of such title is 

25 amended by adding at the end the following new para26 graph: 

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1 ‘‘(9) The term ‘survival, evasion, resistance, 

2 and escape debrief’ means an interview conducted 

3 with a person described in section 1501(c) of this 

4 title who is returned to United States control in 

5 order to record the person’s experiences while sur6 viving, evading, resisting interrogation or exploi7 tation, or escaping.’’. 

8 SEC. 553. ADDITIONAL REQUIREMENTS FOR ACCOUNTING 

9 FOR MEMBERS OF THE ARMED FORCES AND 

10 DEPARTMENT OF DEFENSE CIVILIAN EM11 PLOYEES LISTED AS MISSING. 

12 Section 1501(a)(1) of title 10, United States Code, 

13 is amended— 

14 (1) by striking ‘‘and’’ at the end of subpara15 graph (B); 

16 (2) by striking the period at the end of sub17 paragraph (C) and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following new sub19 paragraph: 

20 ‘‘(D) coordination of periodic briefing of 

21 families of missing persons about the efforts of 

22 the Department of Defense to account for those 

23 persons.’’. 

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1 SEC. 554. FAMILY SUPPORT PROGRAMS FOR IMMEDIATE 

2 FAMILY MEMBERS OF SPECIAL OPERATIONS 

3 FORCES MEMBERS. 

4 (a) CHAPLAIN-LED PROGRAMS.—The Commander of 

5 the United States Special Operations Command may pro6 vide support services described in section 1789(b) of title 

7 10, United States Code, to support the immediate family 

8 members (as defined in section 1789(c) of such title) of 

9 members of the Armed Forces assigned to special oper10 ations forces (as defined in section 167(i) of such title) 

11 if the Commander determines— 

12 (1) that there is a direct and concrete relation13 ship between— 

14 (A) chaplain-led programs authorized in 

15 section 1789 of such title, and 

16 (B) the readiness of special operations 

17 forces; and 

18 (2) that such support is not being provided to 

19 those family members by the Secretary of a military 

20 department. 

21 (b) ADDITIONAL AUTHORITY.—The Commander of 

22 the United States Special Operations Command may ex23 pend up to $10,000,000 during any fiscal year during 

24 which this subsection is in effect to provide support serv25 ices described in section 1789(b) of title 10, United States 

26 Code, to support family programs directed by medical permstockstill on DSK4VPTVN1PROD with BILLS

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1 sonnel, behavior health professionals, and family readiness 

2 professionals of the Department of Defense to build and 

3 maintain the resiliency of members of the Armed Forces 

4 assigned to special operations forces (as defined in section 

5 167(i) of such title) and their immediate family members 

6 (as defined in section 1789(c) of such title). 

7 (c) PERIOD OF AUTHORITY.—The authority under 

8 this section is in effect during each of fiscal years 2014 

9 through 2016. 

10 SEC. 555. LIMITATION ON AUTHORITY OF CONVENING AU11 THORITY TO REVIEW FINDINGS OF A COURT12 MARTIAL. 

13 (a) LIMITATION OF AUTHORITY TO OFFENSES THAT

14 WOULD NOT NORMALLY WARRANT TRIAL BY COURT15 MARTIAL.—Subsection (c) of section 860 of title 10, 

16 United States Code (article 60 of the Uniform Code of 

17 Military Justice), is amended— 

18 (1) in paragraph (3)— 

19 (A) by inserting ‘‘may be taken’’ after 

20 ‘‘finding of a court-martial’’; 

21 (B) by striking ‘‘is not required. How22 ever,’’ and inserting ‘‘only with respect to a 

23 qualified offense. With respect to such an of24 fense,’’; 

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1 (C) by striking ‘‘may—’’ and all that fol2 lows through ‘‘(A) dismiss’’ and inserting ‘‘may 

3 dismiss’’; 

4 (D) by striking ‘‘; or’’ and inserting a pe5 riod; and 

6 (E) by striking subparagraph (B); and 

7 (2) by adding at the end the following new 

8 paragraph: 

9 ‘‘(4)(A) In paragraph (3), the term ‘qualified 

10 offense’ means, except as provided in subparagraph 

11 (B), an offense under this chapter for which— 

12 ‘‘(i) the maximum sentence of confinement 

13 that may be adjudged does not exceed two 

14 years; and 

15 ‘‘(ii) the sentence adjudged does not in16 clude dismissal, a dishonorable or bad-conduct 

17 discharge, or confinement for more than six 

18 months. 

19 ‘‘(B) Such term does not include such offenses 

20 as the Secretary of Defense may prescribe by regula21 tion.’’. 

22 (b) REQUIREMENT FOR EXPLANATION IN WRIT23 ING.—Such subsection is further amended by adding after 

24 paragraph (4), as added by subsection (a)(2), the fol25 lowing new paragraph: 

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1 ‘‘(5) If the convening authority or other person 

2 authorized to act under this section modifies the 

3 findings or sentence of a court-martial, such person 

4 shall prepare a written explanation for such modi5 fication. Such explanation shall be made a part of 

6 the record of trial and action thereon.’’. 

7 (c) CONFORMING AMENDMENT.—Subsection (e)(3) 

8 of such section (article) is amended in the first sentence 

9 by inserting ‘‘(if authorized to do so under subsection 

10 (c))’’ after ‘‘findings and sentence’’. 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 subsections (a) and (c) shall apply with respect to offenses 

13 committed on or after the date of the enactment of this 

14 Act. 

15 SEC. 556. REVISION TO CERTAIN DEFINITIONS RELATING 

16 TO FAMILIES OF SERVICEMEMBERS FOR 

17 PURPOSES OF FAMILY AND MEDICAL LEAVE. 

18 (a) DEFINITIONS APPLICABLE UNDER FAMILY AND

19 MEDICAL LEAVE ACT OF 1993.— 

20 (1) DEFINITION OF ‘‘COVERED ACTIVE

21 DUTY’’.—Paragraph (14) of section 101 of the Fam22 ily and Medical Leave Act of 1993 (29 U.S.C. 2611) 

23 is amended— 

24 (A) by striking ‘‘to a foreign country’’ in 

25 subparagraphs (A) and (B); and 

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1 (B) by inserting ‘‘, 12301(d), or 12301(g)’’ 

2 after ‘‘section 101(a)(13)(B)’’ in subparagraph 

3 (B). 

4 (2) DEFINITION OF ‘‘COVERED SERVICEMEM5 BER’’.—Paragraph (15)(A) of such section is 

6 amended by inserting ‘‘inpatient or’’ before ‘‘out7 patient status’’. 

8 (b) DEFINITIONS APPLICABLE TO LEAVE FOR CIVIL

9 SERVICE EMPLOYEES.— 

10 (1) DEFINITION OF ‘‘COVERED ACTIVE

11 DUTY’’.—Paragraph (7) of section 6381 of title 5, 

12 United States Code, is amended— 

13 (A) by striking ‘‘to a foreign country’’ in 

14 subparagraph (A) and (B); and 

15 (B) by inserting ‘‘, 12301(d), or 12301(g)’’ 

16 after ‘‘section 101(a)(13)(B)’’ in subparagraph 

17 (B). 

18 (2) DEFINITION OF ‘‘COVERED SERVICEMEM19 BER’’.—Paragraph (8)(A) of such section is amend20 ed by inserting ‘‘inpatient or’’ before ‘‘outpatient 

21 status’’. 

22 (3) TECHNICAL AMENDMENT.—Paragraph 

23 (7)(B) of such section is further amended by strik24 ing ‘‘, United States Code’’. 

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1 SEC. 557. ENHANCED ROLE FOR DEPARTMENT OF JUSTICE 

2 UNDER MILITARY LENDING ACT. 

3 (a) ENFORCEMENT BY THE ATTORNEY GENERAL.— 

4 Subsection (f) of section 987 of title 10, United States 

5 Code, is amended by adding at the end the following new 

6 paragraph: 

7 ‘‘(7) ENFORCEMENT BY THE ATTORNEY GEN8 ERAL.— 

9 ‘‘(A) IN GENERAL.—The Attorney General 

10 may commence a civil action in any appropriate 

11 district court of the United States against any 

12 person who— 

13 ‘‘(i) engages in a pattern or practice 

14 of violating this section; or 

15 ‘‘(ii) engages in a violation of this sec16 tion that raises an issue of general public 

17 importance. 

18 ‘‘(B) RELIEF.—In a civil action com19 menced under subparagraph (A), the court— 

20 ‘‘(i) may grant any appropriate equi21 table or declaratory relief with respect to 

22 the violation of this section; 

23 ‘‘(ii) may award all other appropriate 

24 relief, including monetary damages, to any 

25 person aggrieved by the violation; and 

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1 ‘‘(iii) may, to vindicate the public in2 terest, assess a civil penalty— 

3 ‘‘(I) in an amount not exceeding 

4 $110,000 for a first violation; and 

5 ‘‘(II) in an amount not exceeding 

6 $220,000 for any subsequent viola7 tion. 

8 ‘‘(C) INTERVENTION.—Upon timely appli9 cation, a person aggrieved by a violation of this 

10 section with respect to which the civil action is 

11 commenced may intervene in such action, and 

12 may obtain such appropriate relief as the per13 son could obtain in a civil action under para14 graph (5) with respect to that violation, along 

15 with costs and a reasonable attorney fee. 

16 ‘‘(D) ISSUANCE AND SERVICE OF CIVIL IN17 VESTIGATIVE DEMANDS.—Whenever the Attor18 ney General, or a designee, has reason to be19 lieve that any person may be in possession, cus20 tody, or control of any documentary material 

21 relevant to an investigation under this section, 

22 the Attorney General, or a designee, may, be23 fore commencing a civil action under subpara24 graph (A), issue in writing and cause to be 

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1 served upon such person, a civil investigative 

2 demand requiring— 

3 ‘‘(i) the production of such documen4 tary material for inspection and copying; 

5 ‘‘(ii) that the custodian of such docu6 mentary material answer in writing written 

7 questions with respect to such documen8 tary material; or 

9 ‘‘(iii) the production of any combina10 tion of such documentary material or an11 swers. 

12 ‘‘(E) RELATIONSHIP TO FALSE CLAIMS

13 ACT.—The statutory provisions governing the 

14 authority to issue, use, and enforce civil inves15 tigative demands under section 3733 of title 31 

16 (known as the ‘False Claims Act’) shall govern 

17 the authority to issue, use, and enforce civil in18 vestigative demands under subparagraph (D), 

19 except that— 

20 ‘‘(i) any reference in that section to 

21 false claims law investigators or investiga22 tions shall be applied for purposes of sub23 paragraph (D) as referring to investigators 

24 or investigations under this section; 

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1 ‘‘(ii) any reference in that section to 

2 interrogatories shall be applied for pur3 poses of subparagraph (D) as referring to 

4 written questions and answers to such 

5 need not be under oath; 

6 ‘‘(iii) the statutory definitions for pur7 poses of that section relating to ‘false 

8 claims law’ shall not apply; and 

9 ‘‘(iv) provisions of that section relat10 ing to qui tam relators shall not apply.’’. 

11 (b) CONSULTATION WITH DEPARTMENT OF JUS12 TICE.—Subsection (h)(3) of such section is amended by 

13 adding at the end the following new subparagraph: 

14 ‘‘(H) The Department of Justice.’’. 

15 TITLE VI—COMPENSATION AND 

16 OTHER PERSONNEL BENEFITS 

17 Subtitle A—Pay and Allowances 

18 SEC. 601. INCREASE IN MILITARY BASIC PAY FOR FISCAL 

19 YEAR 2014. 

20 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

21 adjustment to become effective during fiscal year 2014 re22 quired by section 1009 of title 37, United States Code, 

23 in the rates of monthly basic pay authorized members of 

24 the uniformed services shall not be made. 

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1 (b) INCREASE IN BASIC PAY.—Effective on January 

2 1, 2014, the rates of monthly basic pay for members of 

3 the uniformed services are increased by 1.0 percent. 

4 SEC. 602. EXTENSION OF TEMPORARY ARMY AUTHORITY 

5 TO PROVIDE ADDITIONAL RECRUITMENT IN6 CENTIVES. 

7 Subsection (i)(1) of section 681 of the National De8 fense Authorization Act for Fiscal Year 2006 (Public Law 

9 109–163; 10 U.S.C. 503 note) is amended by striking 

10 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

11 2015’’. 

12 Subtitle B—Bonuses and Special 

13 and Incentive Pays 

14 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 

15 BONUS AND SPECIAL PAY AUTHORITIES. 

16 (a) AUTHORITIES RELATING TO RESERVE

17 FORCES.—The following sections of title 37, United 

18 States Code, are amended by striking ‘‘December 31, 

19 2013’’ and inserting ‘‘December 31, 2014’’:

20 (1) Section 308b(g), relating to Selected Re21 serve reenlistment bonus. 

22 (2) Section 308c(i), relating to Selected Reserve 

23 affiliation or enlistment bonus. 

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1 (3) Section 308d(c), relating to special pay for 

2 enlisted members assigned to certain high-priority 

3 units. 

4 (4) Section 308g(f)(2), relating to Ready Re5 serve enlistment bonus for persons without prior 

6 service. 

7 (5) Section 308h(e), relating to Ready Reserve 

8 enlistment and reenlistment bonus for persons with 

9 prior service. 

10 (6) Section 308i(f), relating to Selected Reserve 

11 enlistment and reenlistment bonus for persons with 

12 prior service. 

13 (7) Section 910(g), relating to income replace14 ment payments for reserve component members ex15 periencing extended and frequent mobilization for 

16 active duty service. 

17 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH

18 CARE PROFESSIONALS.—The following sections of title 

19 10, United States Code, are amended by striking ‘‘Decem20 ber 31, 2013’’ and inserting ‘‘December 31, 2014’’: 

21 (1) Section 2130a(a)(1), relating to nurse offi22 cer candidate accession program. 

23 (2) Section 16302(d), relating to repayment of 

24 education loans for certain health professionals who 

25 serve in the Selected Reserve. 

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1 (c) TITLE 37 AUTHORITIES RELATING TO HEALTH

2 CARE PROFESSIONALS.—The following sections of title 

3 37, United States Code, are amended by striking ‘‘Decem4 ber 31, 2013’’ and inserting ‘‘December 31, 2014’’: 

5 (1) Section 302c–1(f), relating to accession and 

6 retention bonuses for psychologists. 

7 (2) Section 302d(a)(1), relating to accession 

8 bonus for registered nurses. 

9 (3) Section 302e(a)(1), relating to incentive 

10 special pay for nurse anesthetists. 

11 (4) Section 302g(e), relating to special pay for 

12 Selected Reserve health professionals in critically 

13 short wartime specialties. 

14 (5) Section 302h(a)(1), relating to accession 

15 bonus for dental officers. 

16 (6) Section 302j(a), relating to accession bonus 

17 for pharmacy officers. 

18 (7) Section 302k(f), relating to accession bonus 

19 for medical officers in critically short wartime spe20 cialties. 

21 (8) Section 302l(g), relating to accession bonus 

22 for dental specialist officers in critically short war23 time specialties. 

24 (d) AUTHORITIES RELATING TO NUCLEAR OFFI25 CERS.—The following sections of title 37, United States 

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1 Code, are amended by striking ‘‘December 31, 2013’’ and 

2 inserting ‘‘December 31, 2014’’: 

3 (1) Section 312(f), relating to special pay for 

4 nuclear-qualified officers extending period of active 

5 service. 

6 (2) Section 312b(c), relating to nuclear career 

7 accession bonus. 

8 (3) Section 312c(d), relating to nuclear career 

9 annual incentive bonus. 

10 (e) AUTHORITIES RELATING TO TITLE 37 CONSOLI11 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU12 THORITIES.—The following sections of title 37, United 

13 States Code, are amended by striking ‘‘December 31, 

14 2013’’ and inserting ‘‘December 31, 2014’’: 

15 (1) Section 331(h), relating to general bonus 

16 authority for enlisted members. 

17 (2) Section 332(g), relating to general bonus 

18 authority for officers. 

19 (3) Section 333(i), relating to special bonus and 

20 incentive pay authorities for nuclear officers. 

21 (4) Section 334(i), relating to special aviation 

22 incentive pay and bonus authorities for officers. 

23 (5) Section 335(k), relating to bonus and incen24 tive pay authorities for officers in health professions. 

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1 (6) Section 351(h), relating to hazardous duty 

2 pay. 

3 (7) Section 352(g), relating to assignment pay 

4 or special duty pay. 

5 (8) Section 353(i), relating to skill incentive 

6 pay or proficiency bonus. 

7 (9) Section 355(h), relating to retention incen8 tives for members qualified in critical military skills 

9 or assigned to high priority units. 

10 (f) OTHER TITLE 37 BONUS AND SPECIAL PAY AU11 THORITIES.—The following sections of title 37, United 

12 States Code, are amended by striking ‘‘December 31, 

13 2013’’ and inserting ‘‘December 31, 2014’’: 

14 (1) Section 301b(a), relating to aviation officer 

15 retention bonus. 

16 (2) Section 307a(g), relating to assignment in17 centive pay. 

18 (3) Section 308(g), relating to reenlistment 

19 bonus for active members. 

20 (4) Section 309(e), relating to enlistment 

21 bonus. 

22 (5) Section 324(g), relating to accession bonus 

23 for new officers in critical skills. 

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1 (6) Section 326(g), relating to incentive bonus 

2 for conversion to military occupational specialty to 

3 ease personnel shortage. 

4 (7) Section 327(h), relating to incentive bonus 

5 for transfer between the Armed Forces. 

6 (8) Section 330(f), relating to accession bonus 

7 for officer candidates. 

8 (9) Section 403(b)(7)(E), relating to basic al9 lowance for housing. 

10 Subtitle C—Disability, Retired Pay, 

11 and Survivor Benefits 

12 SEC. 621. OVERPAYMENTS OF DIVISION OF PAY AS A RE13 SULT OF RETROACTIVE CHANGE IN DISPOS14 ABLE RETIRED PAY. 

15 (a) AMENDMENT.—Section 1414(d) of title 10, 

16 United States Code, is amended by adding at the end the 

17 following new paragraph: 

18 ‘‘(3)(A) An election by a member to change from re19 ceipt of retired pay in accordance with this section to re20 ceipt of special compensation in accordance with section 

21 1413a of this title pursuant to paragraph (2), shall not 

22 affect payments made before the date of such election to 

23 the member’s spouse or former spouse pursuant to section 

24 1408 of this title, of disposable retired pay that a court 

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1 cree of divorce, dissolution, annulment, or legal separa2 tion, including a court ordered, ratified, or approved prop3 erty settlement incident to such decree. 

4 ‘‘(B) In this paragraph: 

5 ‘‘(i) The term ‘court’ has the meaning given 

6 such term in section 1408(a)(1) of this title. 

7 ‘‘(ii) The term ‘disposable retired pay’ has the 

8 meaning given such term in section 1408(a)(4) of 

9 this title. 

10 ‘‘(iii) The term ‘final decree’ has the meaning 

11 given such term in section 1408(a)(3) of this title. 

12 ‘‘(iv) The term ‘member’ has the meaning given 

13 such term in section 1408(a)(5) of this title. 

14 ‘‘(v) The term ‘spouse or former spouse’ has 

15 the meaning given such term in section 1408(a)(6) 

16 of this title.’’. 

17 (b) APPLICABILITY.—Paragraph (3) of section 

18 1414(d) of title 10, United States Code, as added by sub19 section (a), shall apply with respect to payments made 

20 under section 1408 of title 10, United States Code, on 

21 or after the date of the enactment of this Act. 

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1 SEC. 622. REINSTATEMENT OF TEMPORARY SPECIAL RE2 TIREMENT QUALIFICATION AUTHORITY FOR 

3 MEMBERS OF THE SELECTED RESERVE OF 

4 THE RESERVE COMPONENTS OF THE AIR 

5 FORCE WITH 15 YEARS OF QUALIFYING SERV6 ICE. 

7 (a) REINSTATEMENT OF AUTHORITY.—Subsection 

8 (a)(1) of section 12731a of title 10, United States Code, 

9 is amended— 

10 (1) in subparagraph (A), by striking ‘‘October 

11 1, 1991,’’ and inserting ‘‘the first day of a period 

12 described in subsection (b) that is applicable to that 

13 member’’; and 

14 (2) in subparagraph (B), by striking ‘‘after that 

15 date and before the end of the period described in 

16 subsection (b)’’ and inserting ‘‘during a period de17 scribed in subsection (b) that is applicable to that 

18 member’’. 

19 (b) PERIOD OF AUTHORITY.—Subsection (b) of such 

20 section is amended to read as follows: 

21 ‘‘(b) PERIOD OF AUTHORITY.—A period referred to 

22 in subsection (a)(1) is any of the following: 

23 ‘‘(1) With respect to any member of the Se24 lected Reserve of a reserve component, the period 

25 beginning on October 23, 1992, and ending on De26 cember 31, 2001. 

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1 ‘‘(2) With respect to any member of the Se2 lected Reserve of the Air Force Reserve or Air Na3 tional Guard of the United States, the period begin4 ning on October 1, 2014, and ending on December 

5 31, 2018.’’. 

6 TITLE VII—HEALTH CARE 

7 PROVISIONS 

8 SEC. 701. REVISIONS TO TRICARE COST SHARING REQUIRE9 MENTS. 

10 (a) TRICARE PRIME ENROLLMENT FEES.—Section 

11 1097 of title 10, United States Code, is amended— 

12 (1) in subsection (e)— 

13 (A) by striking ‘‘(1)’’ before ‘‘The Sec14 retary’’; and 

15 (B) by striking paragraph (2); and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(f) ENROLLMENT FEES.— 

19 ‘‘(1) AMOUNT.—Beginning January 1, 2014, 

20 the enrollment fee described in subsection (e) for a 

21 covered beneficiary shall be an amount (rounded to 

22 the nearest dollar) equal to the applicable percentage 

23 (specified in paragraph (2)) of the retired pay of the 

24 member or former member upon whom the covered 

25 beneficiary’s eligibility is based, except that the 

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1 amount of such enrollment fee shall not be in excess 

2 of the applicable maximum enrollment fee nor less 

3 than the applicable minimum enrollment fee speci4 fied in paragraph (3). 

5 ‘‘(2) PERCENTAGE OF RETIRED PAY.—The ap6 plicable percentage of retired pay shall be deter7 mined 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: 

2014 ........................... 2.95% 1.475%

2015 ........................... 3.30% 1.650%

2016 ........................... 3.65% 1.825%

2017 and after ........... 4.00% 2.000%. 

8 ‘‘(3) MAXIMUM AND MINIMUM ENROLLMENT

9 FEES.— 

10 ‘‘(A) BEFORE 2018.— 

11 ‘‘(i) FAMILY GROUPS.—For the years 

12 2014 through 2017, the applicable max13 imum and minimum enrollment fees for a 

14 family group of two or more persons shall 

15 be determined in accordance with the fol16 lowing table: 

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‘‘For: 

The applicable 

minimum enrollment fee is: 

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: 

2014 ............. $548 $900 $750

2015 ............. $558 $1,200 $900

2016 ............. $569 $1,500 $1,050

2017 ............. $581 $1,800 $1,200. 

1 ‘‘(ii) INDIVIDUALS.—The applicable 

2 maximum and minimum enrollment fees 

3 for an individual shall be one-half the cor4 responding maximum and minimum enroll5 ment fees for a family group of two or 

6 more persons (as specified in clause (i)). 

7 ‘‘(B) AFTER 2017.—For any year after 

8 2017, the applicable maximum and minimum 

9 enrollment fees shall be equal to the maximum 

10 and minimum enrollment fees for the previous 

11 year increased by the percentage by which re12 tired pay is increased under section 1401a of 

13 this title for such calendar year. 

14 ‘‘(4) EXCLUSION.—Notwithstanding paragraph 

15 (1), the enrollment fee described in subsection (e) 

16 for a dependent of a member of the uniformed serv17 ices who dies while on active duty, a member retired 

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1 under chapter 61 of this title, or for a dependent of 

2 such a member shall not exceed the amount of any 

3 such enrollment fee for 2013.’’. 

4 (b) TRICARE STANDARD ENROLLMENT FEES AND

5 COST SHARING.—Section 1086(b) of such title is amended 

6 to read as follows: 

7 ‘‘(b) For a person covered by this section, any plan 

8 contracted for under section 1079(a) of this title shall con9 tain the following provisions for payment by the patient: 

10 ‘‘(1) An annual enrollment fee. The amount of 

11 such annual enrollment fee for a year is— 

12 ‘‘(A) for 2014, $70 for an individual or 

13 $140 for a family group of two or more per14 sons; 

15 ‘‘(B) for 2015, $85 for an individual or 

16 $170 for a family group of two or more per17 sons; 

18 ‘‘(C) for 2016, $100 for an individual or 

19 $200 for a family group of two or more per20 sons; 

21 ‘‘(D) for 2017, $115 for an individual or 

22 $230 for a family group of two or more per23 sons; 

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1 ‘‘(E) for 2018, $125 for an individual or 

2 $250 for a family group of two or more per3 sons; and 

4 ‘‘(F) for any year after 2018, the amount 

5 of the applicable enrollment fee for the previous 

6 year increased by the percentage by which re7 tired pay is increased under section 1401a of 

8 this title for such year. 

9 ‘‘(2) An annual deductible of the charges in a 

10 year for all types of care authorized by this section 

11 and received while in an outpatient status and 25 

12 percent of all subsequent charges for such care dur13 ing a year. The amount of such annual deductible 

14 for a year is— 

15 ‘‘(A) for 2014, $160 for an individual or 

16 $320 for a family group of two or more per17 sons; 

18 ‘‘(B) for 2015, $200 for an individual or 

19 $400 for a family group of two or more per20 sons; 

21 ‘‘(C) for 2016, $230 for an individual or 

22 $460 for a family group of two or more per23 sons; 

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1 ‘‘(D) for 2017, $260 for an individual or 

2 $520 for a family group of two or more per3 sons; 

4 ‘‘(E) for 2018, $290 for an individual or 

5 $580 for a family group of two or more per6 sons; and 

7 ‘‘(F) for any year after 2018, the amount 

8 of the applicable deductible for the previous 

9 year increased by the percentage by which re10 tired pay is increased under section 1401a of 

11 this title for such year. 

12 ‘‘(3) 25 percent of the charges for inpatient 

13 care. The Secretary of Defense may exempt a pa14 tient from paying such charges if the hospital to 

15 which the patient is admitted does not impose a 

16 legal obligation on any of its patients to pay for in17 patient care. 

18 ‘‘(4) A person covered by this section may not 

19 be required to pay a total in excess of a catastrophic 

20 cap, excluding the amount of any annual enrollment 

21 fee under paragraph (1), for health care received 

22 during any year under a plan contracted for under 

23 section 1079(a) of this title. The amount of such 

24 catastrophic cap for a year is— 

25 ‘‘(A) for 2013, $3,000; and 

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1 ‘‘(B) for any year after 2013, the amount 

2 of the catastrophic cap for the previous year in3 creased by the percentage by which retired pay 

4 is increased under section 1401a of this title for 

5 such year. 

6 ‘‘(5) Notwithstanding paragraphs (1), (2), and 

7 (4), for a dependent of a member of the uniformed 

8 services who dies while on active duty, a member re9 tired under chapter 61 of this title, or a dependent 

10 of such a member— 

11 ‘‘(A) there is no annual enrollment fee; 

12 ‘‘(B) the annual deductible referred to in 

13 paragraph (2) for a year is $150 for an indi14 vidual or $300 for a family group of two or 

15 more persons; and 

16 ‘‘(C) the catastrophic cap for a year is 

17 $3,000.’’. 

18 (c) TRICARE FOR LIFE ENROLLMENT FEES.—Sec19 tion 1086(d)(3) of such title is amended by adding at the 

20 end the following new subparagraph: 

21 ‘‘(D)(i) Beginning January 1, 2014, a person 

22 described in paragraph (2) (except as provided in 

23 clauses (vi) and (vii)), shall pay an annual enroll24 ment fee as a condition of eligibility for health care 

25 benefits under this section. Such enrollment fee shall 

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1 be an amount (rounded to the nearest dollar) equal 

2 to the applicable percentage (specified in clause (ii)) 

3 of the retired pay of the member or former member 

4 upon whom the covered beneficiary’s eligibility is 

5 based, except that the amount of such enrollment fee 

6 shall not be in excess of the applicable maximum en7 rollment fee (specified in clause (iii)). 

8 ‘‘(ii) The applicable percentage of retired pay 

9 shall be determined in accordance with the following 

10 table: 

‘‘For: 

The applicable percentage for a family group of 

two or more persons is: 

The applicable percentage for an individual is: 

2014 ........................... 0.50% 0.25%

2015 ........................... 1.00% 0.50%

2016 ........................... 1.50% 0.75%

2017 and after ........... 2.00% 1.00%. 

11 ‘‘(iii) For any year 2014 through 2017, the ap12 plicable maximum enrollment fees for a family group 

13 of two or more persons shall be determined in ac14 cordance 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: 

2014 ........................... $200 $150

2015 ........................... $400 $300

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‘‘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: 

2016 ........................... $600 $450

2017 ........................... $800 $600. 

1 ‘‘(iv) For any year after 2017, the applicable 

2 maximum enrollment fee shall be equal to the max3 imum enrollment fee for the previous year increased 

4 by the percentage by which retired pay is increased 

5 under section 1401a of this title for such year. 

6 ‘‘(v) The applicable maximum enrollment fee 

7 for an individual shall be one-half the corresponding 

8 maximum fee for a family group of two or more per9 sons (as determined under clauses (iii) and (iv)). 

10 ‘‘(vi) Clause (i) shall not apply to a dependent 

11 of a member of the uniformed services who dies 

12 while on active duty, a member retired under chap13 ter 61 of this title, or a dependent of such a mem14 ber. 

15 ‘‘(vii) Clause (i) also shall not apply to a person 

16 who, prior to the date of the enactment of this sub17 paragraph, met the conditions described in para18 graph (2)(A) and (B).’’. 

19 (d) TRICARE PHARMACY PROGRAM REQUIRE20 MENTS.— 

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1 (1) AVAILABILITY OF PHARMACEUTICAL

2 AGENTS THROUGH NATIONAL MAIL-ORDER PHAR3 MACY PROGRAM.—Section 1074g(a)(5) of such title 

4 is amended— 

5 (A) by striking ‘‘at least one of the means 

6 described in paragraph (2)(E)’’ and inserting 

7 ‘‘the national mail-order pharmacy program’’; 

8 and 

9 (B) by striking ‘‘may include’’ and all that 

10 follows through the end of the paragraph and 

11 inserting ‘‘shall include cost sharing by the eli12 gible covered beneficiary as specified in para13 graph (6).’’. 

14 (2) COST SHARING AMOUNTS.—Section 

15 1074g(a)(6) of such title is amended to read as fol16 lows: 

17 ‘‘(6)(A) In the case of any of the years 2014 through 

18 2023, the cost sharing amounts referred to in paragraph 

19 (5) shall be determined in accordance with the following 

20 table: 

‘‘For: 

The cost 

sharing 

amount for 

30-day 

supply of a 

retail generic is: 

The cost 

sharing 

amount for 

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 

sharing 

amount for 

a 90-day 

supply of a 

mail order 

non-formulary is: 

2014 .... $5 $26 $0 $26 $51

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‘‘For: 

The cost 

sharing 

amount for 

30-day 

supply of a 

retail generic is: 

The cost 

sharing 

amount for 

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 

sharing 

amount for 

a 90-day 

supply of a 

mail order 

non-formulary is: 

2015 .... $6 $28 $0 $28 $54

2016 .... $7 $30 $0 $30 $58

2017 .... $8 $32 $0 $32 $62

2018 .... $9 $34 $9 $34 $66

2019 .... $10 $36 $10 $36 $70

2020 .... $11 $38 $11 $38 $75

2021 .... $12 $40 $12 $40 $80

2022 .... $13 $43 $13 $43 $85

2023 .... $14 $45 $14 $45 $90. 

1 ‘‘(B) For any year after 2023, the cost sharing 

2 amounts referred to in paragraph (5) shall be equal to 

3 the cost sharing amounts for the previous year, adjusted 

4 by an amount, if any, as determined by the Secretary to 

5 reflect changes in the costs of pharmaceutical agents and 

6 prescription dispensing, rounded to the nearest dollar. 

7 ‘‘(C) Notwithstanding subparagraphs (A) and (B), 

8 the cost-sharing amounts referred to in paragraph (5) for 

9 any year for a dependent of a member of the uniformed 

10 services who dies while on active duty, a member retired 

11 under chapter 61 of this title, or a dependent of such a 

12 member shall be equal to the cost sharing amounts, if any, 

13 for fiscal year 2013.’’. 

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1 (3) REFILLS OF PRESCRIPTION MAINTENANCE

2 MEDICATIONS THROUGH THE NATIONAL MAIL

3 ORDER PHARMACY PROGRAM.— 

4 (A) IN GENERAL.—Such section 1074g is 

5 further amended by adding at the end the fol6 lowing new subsection: 

7 ‘‘(i) REFILLS OF PRESCRIPTION MAINTENANCE

8 MEDICATIONS THROUGH THE NATIONAL MAIL ORDER

9 PHARMACY PROGRAM.— 

10 ‘‘(1) IN GENERAL.—The pharmacy benefits pro11 gram shall require eligible covered beneficiaries to 

12 refill non-generic prescription maintenance medica13 tions through military treatment facility pharmacies 

14 or the national mail-order pharmacy program. 

15 ‘‘(2) MEDICATIONS COVERED.— 

16 ‘‘(A) DETERMINATION.—The Secretary 

17 shall determine the maintenance medications 

18 subject to the requirement under paragraph 

19 (1). 

20 ‘‘(B) SUPPLY.—In carrying out the re21 quirement under paragraph (1), the Secretary 

22 shall ensure that the medications subject to the 

23 requirement under paragraph (1) are— 

24 ‘‘(i) generally available to eligible cov25 ered beneficiaries through retail pharmstockstill on DSK4VPTVN1PROD with BILLS

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1 macies only for an initial filing of a 30-day 

2 or less supply; and 

3 ‘‘(ii) any refills of such medications 

4 are obtained through a military treatment 

5 facility pharmacy or the national mail6 order pharmacy program. 

7 ‘‘(C) EXEMPTION.—The Secretary may ex8 empt the following prescription maintenance 

9 medications from the requirements in subpara10 graph (B): 

11 ‘‘(i) Medications that are for acute 

12 care needs. 

13 ‘‘(ii) Such other medications as the 

14 Secretary determines appropriate.’’. 

15 (B) CONFORMING AMENDMENT.—Section 

16 716 of the National Defense Authorization Act 

17 for Fiscal Year 2013 (Public Law 112–239; 

18 126 Stat. 1804) is repealed. 

19 (e) ADDITIONAL REALIGNMENT OF TRICARE 

20 HEALTH BENEFIT YEARS FROM FISCAL YEAR TO CAL21 ENDAR YEAR BASIS.— 

22 (1) TRICARE STANDARD.—Section 1079(b) of 

23 such title 10 is amended by striking ‘‘fiscal’’ each 

24 place it appears. 

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1 (2) TRANSITION PERIOD.—The Secretary of 

2 Defense shall prescribe regulations to transition 

3 TRICARE health plan benefit years from a fiscal4 year basis to a calendar-year basis pursuant to the 

5 amendments made by this subsection. 

6 (3) CONFORMING AND TECHNICAL AMEND7 MENTS.—Section 724 of the National Defense Au8 thorization Act for Fiscal Year 1997 (Public Law 

9 104–201; 10 U.S.C. 1073 note) is amended— 

10 (A) in subsection (b)— 

11 (i) by striking ‘‘For each fiscal year 

12 beginning after September 30, 1997, the’’ 

13 and inserting ‘‘The’’; 

14 (ii) by inserting ‘‘during any year’’ 

15 after ‘‘by designated providers’’; and 

16 (iii) by striking ‘‘fiscal year.’’ and in17 serting ‘‘year.’’; and 

18 (B) in subsection (d)(2)(B)— 

19 (i) by striking ‘‘For each fiscal year 

20 beginning after September 30, 2003, the’’ 

21 and inserting ‘‘The’’; 

22 (ii) by striking ‘‘during such fiscal 

23 year’’ the first place it appears and insert24 ing ‘‘during any year’’; and 

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1 (iii) by striking ‘‘fiscal year.’’ and in2 serting ‘‘year.’’. 

3 (f) AUTHORITY TO ADJUST PAYMENTS INTO THE

4 MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND.— 

5 Section 1116 of such title is amended by adding at the 

6 end the following new subsection: 

7 ‘‘(e)(1) During any fiscal year, if the Secretary of De8 fense determines that the amount certified under sub9 section (c) is no longer accurate because of a significant 

10 change in circumstances or law, the Secretary of Defense 

11 may, if appropriate, certify a revised amount determined 

12 in accordance with subsection (b)(2) to the Secretary of 

13 the Treasury. 

14 ‘‘(2) If the Secretary of Defense makes a certification 

15 under paragraph (1), each other administering Secretary 

16 shall make and advise the Secretary of the Treasury of 

17 a revised determination, consistent with section 1111(c) 

18 of this title. 

19 ‘‘(3) If a certification and determination are made 

20 under paragraphs (1) and (2), the Secretary of the Treas21 ury shall promptly pay into or recoup from the Fund the 

22 difference between the amount paid into the Fund under 

23 subsection (a) and the amount certified or determined by 

24 the administering Secretary under paragraph (1) or (2).’’. 

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1 SEC. 702. REQUIREMENT FOR MEDICARE PARTICIPATING 

2 PHYSICIAN OR SUPPLIER TO ACCEPT 

3 TRICARE AND VETERANS AFFAIRS PARTICI4 PATING RATES. 

5 Section 1842(h)(1) of the Social Security Act (42 

6 U.S.C. 1395u(h)(1)) is amended by adding at the end the 

7 following new sentence: ‘‘Any physician or supplier who 

8 voluntarily enters into an agreement with the Secretary 

9 to become a participating physician or supplier shall be 

10 deemed to have agreed to be a participating provider of 

11 medical care or services under any health plan contracted 

12 for under section 1079 or 1086 of title 10, United States 

13 Code, or under section 1781 of title 38, United States 

14 Code, in accordance with the payment methodology and 

15 amounts prescribed under joint regulations prescribed by 

16 the Secretary, the Secretary of Defense, and the Secretary 

17 of Homeland Security pursuant to sections 1079 and 1086 

18 of title 10, United States Code.’’. 

19 SEC. 703. ELIMINATION OF MANDATORY WEIGHTING OF 

20 CERTAIN FACTORS IN DETERMINING BEST 

21 VALUE FOR AWARDING HEALTH CARE CON22 TRACTS. 

23 Section 1073a of title 10, United States Code, is 

24 amended— 

25 (1) by striking subsection (b); and 

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1 (2) by redesignating subsection (c) as sub2 section (b). 

3 TITLE VIII—ACQUISITION POL4 ICY, ACQUISITION MANAGE5 MENT, AND RELATED MAT6 TERS 

7 SEC. 801. CLARIFICATION OF SCOPE OF SUPPLIES COV8 ERED BY STATUTORY RAPID ACQUISITION 

9 AUTHORITY. 

10 Section 806(g) of the Bob Stump National Defense 

11 Authorization Act for Fiscal Year 2003 (Public Law 107– 

12 314; 10 U.S.C. 2302 note) is amended— 

13 (1) by striking ‘‘ASSOCIATED SUPPORT SERV14 ICES DEFINED.—In the section, the term’’ and in15 serting ‘‘DEFINITIONS.—In this section: 

16 ‘‘(1) ASSOCIATED SUPPORT SERVICES.—The 

17 term’’; and 

18 (2) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) SUPPLIES.—The term ‘supplies’ means all 

21 property except land or interest in land.’’. 

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1 SEC. 802. PROGRAM FRAUD CIVIL REMEDIES STATUTE FOR 

2 THE DEPARTMENT OF DEFENSE AND THE NA3 TIONAL AERONAUTICS AND SPACE ADMINIS4 TRATION. 

5 (a) PURPOSE.—The purpose of this section is to pro6 vide the Secretary of Defense and the Administrator of 

7 the National Aeronautics and Space Administration with 

8 an effective administrative remedy to obtain recompense 

9 for the Department of Defense and the National Aero10 nautics and Space Administration for losses resulting from 

11 the submission to the Department or the Administration, 

12 respectively, of false, fictitious, or fraudulent claims and 

13 statements. 

14 (b) PROGRAM FRAUD CIVIL REMEDIES.— 

15 (1) IN GENERAL.—Chapter IV of subtitle A of 

16 title 10, United States Code, is amended by insert17 ing after chapter 163 the following new chapter: 

18 ‘‘CHAPTER 164—ADMINISTRATIVE REM19 EDIES FOR FALSE CLAIMS AND STATE20 MENTS 

‘‘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. 

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1 ‘‘§ 2751. Applicability of chapter; definitions 

2 ‘‘(a) APPLICABILITY OF CHAPTER.—This chapter ap3 plies to the following agencies: 

4 ‘‘(1) The Department of Defense. 

5 ‘‘(2) The National Aeronautics and Space Ad6 ministration. 

7 ‘‘(b) DEFINITIONS.—In this chapter: 

8 ‘‘(1) HEAD OF AN AGENCY.—The term ‘head of 

9 an agency’ means the Secretary of Defense and the 

10 Administrator of the National Aeronautics and 

11 Space Administration. 

12 ‘‘(2) CLAIM.—The term ‘claim’ means any re13 quest, demand, or submission— 

14 ‘‘(A) made to the head of an agency for 

15 property, services, or money (including money 

16 representing grants, loans, insurance, or bene17 fits); 

18 ‘‘(B) made to a recipient of property, serv19 ices, or money received directly or indirectly 

20 from the head of an agency or to a party to a 

21 contract with the head of an agency— 

22 ‘‘(i) for property or services if the 

23 United States— 

24 ‘‘(I) provided such property or 

25 services; 

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1 ‘‘(II) provided any portion of the 

2 funds for the purchase of such prop3 erty or services; or 

4 ‘‘(III) will reimburse such recipi5 ent or party for the purchase of such 

6 property or services; or 

7 ‘‘(ii) for the payment of money (in8 cluding money representing grants, loans, 

9 insurance, or benefits) if the United 

10 States— 

11 ‘‘(I) provided any portion of the 

12 money requested or demanded; or 

13 ‘‘(II) will reimburse such recipi14 ent or party for any portion of the 

15 money paid on such request or de16 mand; or 

17 ‘‘(C) made to the head of an agency which 

18 has the effect of decreasing an obligation to pay 

19 or account for property, services, or money. 

20 ‘‘(3) KNOWS OR HAS REASON TO KNOW.—The 

21 term ‘knows or has reason to know’, for purposes of 

22 establishing liability under section 2752 of this title, 

23 means that a person, with respect to a claim or 

24 statement— 

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1 ‘‘(A) has actual knowledge that the claim 

2 or statement is false, fictitious, or fraudulent; 

3 ‘‘(B) acts in deliberate ignorance of the 

4 truth or falsity of the claim or statement; or 

5 ‘‘(C) acts in reckless disregard of the truth 

6 or falsity of the claim or statement, and no 

7 proof of specific intent to defraud is required. 

8 ‘‘(4) RESPONSIBLE OFFICIAL.—The term ‘re9 sponsible official’ means a designated debarring and 

10 suspending official of the agency named in sub11 section (a). 

12 ‘‘(5) RESPONDENT.—The term ‘respondent’ 

13 means a person who has received notice from a re14 sponsible official asserting liability under section 

15 2752 of this title. 

16 ‘‘(6) STATEMENT.—The term ‘statement’ 

17 means any representation, certification, affirmation, 

18 document, record, or an accounting or bookkeeping 

19 entry made— 

20 ‘‘(A) with respect to a claim or to obtain 

21 the approval or payment of a claim (including 

22 relating to eligibility to make a claim); or 

23 ‘‘(B) with respect to (including relating to 

24 eligibility for)— 

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1 ‘‘(i) a contract with, or a bid or pro2 posal for a contract with the head of an 

3 agency; or 

4 ‘‘(ii) a grant, loan, or benefit from the 

5 head of an agency. 

6 ‘‘(c) CLAIMS.—For purposes of paragraph (2) of sub7 section (b)— 

8 ‘‘(1) each voucher, invoice, claim form, or other 

9 individual request or demand for property, services, 

10 or money constitutes a separate claim; 

11 ‘‘(2) each claim for property, services, or money 

12 is subject to this chapter regardless of whether such 

13 property, services, or money is actually delivered or 

14 paid; and 

15 ‘‘(3) a claim shall be considered made, pre16 sented, or submitted to the head of an agency, re17 cipient, or party when such claim is actually made 

18 to an agent, fiscal intermediary, or other entity act19 ing for or on behalf of such authority, recipient, or 

20 party. 

21 ‘‘(d) STATEMENTS.—For purposes of paragraph (6) 

22 of subsection (b)— 

23 ‘‘(1) each written representation, certification, 

24 or affirmation constitutes a separate statement; and 

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1 ‘‘(2) a statement shall be considered made, pre2 sented, or submitted to the head of an agency when 

3 such statement is actually made to an agent, fiscal 

4 intermediary, or other entity acting for or on behalf 

5 of such authority. 

6 ‘‘§ 2752. False claims and statements; liability 

7 ‘‘(a) FALSE CLAIMS.—Any person who makes, pre8 sents, or submits, or causes to be made, presented, or sub9 mitted, to the head of an agency a claim that the person 

10 knows or has reason to know— 

11 ‘‘(1) is false, fictitious, or fraudulent; 

12 ‘‘(2) includes or is supported by any written 

13 statement which asserts a material fact that is false, 

14 fictitious, or fraudulent; 

15 ‘‘(3) includes or is supported by any written 

16 statement that— 

17 ‘‘(A) omits a material fact; 

18 ‘‘(B) is false, fictitious, or fraudulent as a 

19 result of such omission; and 

20 ‘‘(C) the person making, presenting, or 

21 submitting such statement has a duty to in22 clude such material fact; or 

23 ‘‘(4) is for payment for the provision of prop24 erty or services which the person has not provided 

25 as claimed, 

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1 shall, in addition to any other remedy that may be pre2 scribed by law, be subject to a civil penalty of not more 

3 than $5,000 for each such claim. Such person shall also 

4 be subject to an assessment of not more than twice the 

5 amount of such claim, or the portion of such claim which 

6 is determined by the responsible official to be in violation 

7 of the preceding sentence. 

8 ‘‘(b) FALSE STATEMENTS.—Any person who makes, 

9 presents, submits, or causes to be made, presented, or sub10 mitted, a written statement in conjunction with a procure11 ment program or acquisition of the agency named in sec12 tion 2751(a) of this title that— 

13 ‘‘(1) the person knows or has reason to know— 

14 ‘‘(A) asserts a material fact that is false, 

15 fictitious, or fraudulent; or 

16 ‘‘(B)(i) omits a material fact; and 

17 ‘‘(ii) is false, fictitious, or fraudulent as a 

18 result of such omission; 

19 ‘‘(2) in the case of a statement described in 

20 subparagraph (B) of paragraph (1), is a statement 

21 in which the person making, presenting, or submit22 ting such statement has a duty to include such ma23 terial fact; and 

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1 ‘‘(3) contains or is accompanied by an express 

2 certification or affirmation of the truthfulness and 

3 accuracy of the contents of the statement, 

4 shall be subject to, in addition to any other remedy that 

5 may be prescribed by law, a civil penalty of not more than 

6 $5,000 for each such statement. 

7 ‘‘§ 2753. Hearing and determinations 

8 ‘‘(a) TRANSMITTAL OF NOTICE TO ATTORNEY GEN9 ERAL.—If a responsible official determines that there is 

10 adequate evidence to believe that a person is liable under 

11 section 2752 of this title, the responsible official shall 

12 transmit to the Attorney General, or any other officer or 

13 employee of the Department of Justice designated by the 

14 Attorney General, a written notice of the intention of such 

15 official to initiate an action under this section. The notice 

16 shall include the following: 

17 ‘‘(1) A statement of the reasons for initiating 

18 an action under this section. 

19 ‘‘(2) A statement specifying the evidence which 

20 supports liability under section 2752 of this title. 

21 ‘‘(3) A description of the claims or statements 

22 for which liability under section 2752 of this title is 

23 alleged. 

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1 ‘‘(4) An estimate of the penalties and assess2 ments that will be demanded under section 2752 of 

3 this title. 

4 ‘‘(5) A statement of any exculpatory or miti5 gating circumstances which may relate to such 

6 claims or statements. 

7 ‘‘(b) STATEMENT FROM ATTORNEY GENERAL.— 

8 ‘‘(1) Within 90 days after receipt of a notice 

9 from a responsible official under subsection (a), the 

10 Attorney General, or any other officer or employee 

11 of the Department of Justice designated by the At12 torney General, shall transmit a written statement 

13 to the responsible official which specifies— 

14 ‘‘(A) that the Attorney General, or any 

15 other officer or employee of the Department of 

16 Justice designated by the Attorney General, ap17 proves or disapproves initiating an action under 

18 this section based on the allegations of liability 

19 stated in such notice; and 

20 ‘‘(B) in any case in which the initiation of 

21 an action under this section is disapproved, the 

22 reasons for such disapproval. 

23 ‘‘(2) If at any time after the initiation of an ac24 tion under this section the Attorney General, or any 

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1 tice designated by the Attorney General, transmits 

2 to a responsible official a written determination that 

3 the continuation of any action under this section 

4 may adversely affect any pending or potential crimi5 nal or civil action, such action shall be immediately 

6 stayed and may be resumed only upon written au7 thorization from the Attorney General, or any other 

8 officer or employee of the Department of Justice 

9 designated by the Attorney General. 

10 ‘‘(c) LIMITATION ON AMOUNT OF CLAIM THAT MAY

11 BE PURSUED UNDER THIS SECTION.—No action shall be 

12 initiated under this section, nor shall any assessment be 

13 imposed under this section, if the total amount of the 

14 claim determined by the responsible official to violate sec15 tion 2752(a) of this title exceeds $500,000. The $500,000 

16 threshold does not include penalties or any assessment 

17 permitted under 2752(a) of this title greater than the 

18 amount of the claim determined by the responsible official 

19 to violate such section. 

20 ‘‘(d) PROCEDURES FOR RESOLVING CLAIMS.—(1) 

21 Upon receiving approval under subsection (b) to initiate 

22 an action under this section, the responsible official shall 

23 mail, by registered or certified mail, or other similar com24 mercial means, or shall deliver, a notice to the person al25 leged to be liable under section 2752 of this title. Such 

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1 notice shall specify the allegations of liability against such 

2 person, specify the total amount of penalties and assess3 ments sought by the United States, advise the person of 

4 the opportunity to submit facts and arguments in opposi5 tion to the allegations set forth in the notice, advise the 

6 person of the opportunity to submit offers of settlement 

7 or proposals of adjustment, and advise the person of the 

8 procedures of the agency named in section 2751(a) of this 

9 title governing the resolution of actions initiated under 

10 this section. 

11 ‘‘(2) Within 30 days after receiving a notice under 

12 paragraph (1), or any additional period of time granted 

13 by the responsible official, the respondent may submit in 

14 person, in writing, or through a representative, facts and 

15 arguments in opposition to the allegations set forth in the 

16 notice, including any additional information that raises a 

17 genuine dispute of material fact. 

18 ‘‘(3) If the respondent fails to respond within 30 

19 days, or any additional time granted by the responsible 

20 official, the responsible official may issue a written deci21 sion disposing of the matters raised in the notice. Such 

22 decision shall be based on the record before the responsible 

23 official. If the responsible official concludes that the re24 spondent is liable under section 2752 of this title, the deci25 sion shall include the findings of fact and conclusions of 

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1 law which the responsible official relied upon in deter2 mining that the respondent is liable, and the amount of 

3 any penalty and/or assessment to be imposed on the re4 spondent. Any such determination shall be based on a pre5 ponderance of the evidence. The responsible official shall 

6 promptly send to the respondent a copy of the decision 

7 by registered or certified mail, or other similar commercial 

8 means, or shall hand deliver a copy of the decision. 

9 ‘‘(4) If the respondent makes a timely submission, 

10 and the responsible official determines that the respondent 

11 has not raised any genuine dispute of material fact, the 

12 responsible official may issue a written decision disposing 

13 of the matters raised in the notice. Such decision shall 

14 be based on the record before the responsible official. If 

15 the responsible official concludes that the respondent is 

16 liable under section 2752 of this title, the decision shall 

17 include the findings of fact and conclusions of law which 

18 the responsible official relied upon in determining that the 

19 respondent is liable, and the amount of any penalty or as20 sessment to be imposed on the respondent. Any such de21 termination shall be based on a preponderance of the evi22 dence. The responsible official shall promptly send to the 

23 respondent a copy of the decision by registered or certified 

24 mail, or other similar commercial means, or shall hand 

25 deliver a copy of the decision. 

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1 ‘‘(5) If the respondent makes a timely submission, 

2 and the responsible official determines that the respondent 

3 has raised a genuine dispute of material fact, the respon4 sible official shall commence a hearing to resolve the genu5 inely disputed material facts by mailing by registered or 

6 certified mail, or other similar commercial means, or by 

7 hand delivery of, a notice informing the respondent of— 

8 ‘‘(A) the time, place, and nature of the hearing; 

9 ‘‘(B) the legal authority under which the hear10 ing is to be held; 

11 ‘‘(C) the material facts determined by the re12 sponsible official to be genuinely in dispute that will 

13 be the subject of the hearing; and 

14 ‘‘(D) a description of the procedures for the 

15 conduct of the hearing. 

16 ‘‘(6) The responsible official and any person against 

17 whom liability is asserted under this chapter may agree 

18 to a compromise or settle an action at any time. Any com19 promise or settlement must be in writing. 

20 ‘‘(e) RESPONDENT ENTITLED TO COPY OF THE

21 RECORD.—At any time after receiving a notice under 

22 paragraph (1) of subsection (d), the respondent shall be 

23 entitled to a copy of the entire record before the respon24 sible official. 

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1 ‘‘(f) HEARINGS.—Any hearing commenced under this 

2 section shall be conducted by the responsible official, or 

3 a fact-finder designated by the responsible official, solely 

4 to resolve genuinely disputed material facts identified by 

5 the responsible official and set forth in the notice to the 

6 respondent. 

7 ‘‘(g) PROCEDURES FOR HEARINGS.—(1) Each hear8 ing shall be conducted under procedures prescribed by the 

9 head of the agency. Such procedures shall include the fol10 lowing: 

11 ‘‘(A) The provision of written notice of the 

12 hearing to the respondent, including written notice 

13 of— 

14 ‘‘(i) the time, place, and nature of the 

15 hearing; 

16 ‘‘(ii) the legal authority under which the 

17 hearing is to be held; 

18 ‘‘(iii) the material facts determined by the 

19 responsible official to be genuinely in dispute 

20 that will be the subject of the hearing; and 

21 ‘‘(iv) a description of the procedures for 

22 the conduct of the hearing. 

23 ‘‘(B) The opportunity for the respondent to 

24 present facts and arguments through oral or docu25 mentary evidence, to submit rebuttal evidence, and 

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1 to conduct such cross-examination as may be re2 quired to resolve any genuinely disputed material 

3 facts identified by the responsible official. 

4 ‘‘(C) The opportunity for the respondent to be 

5 accompanied, represented, and advised by counsel or 

6 such other qualified representative as the Secretary 

7 may specify in such regulations. 

8 ‘‘(2) For the purpose of conducting hearings under 

9 this section, the responsible official is authorized to admin10 ister oaths or affirmations. 

11 ‘‘(3) Hearings shall be held at the responsible offi12 cial’s office, or at such other place as may be agreed upon 

13 by the respondent and the responsible official. 

14 ‘‘(h) DECISION FOLLOWING HEARING.—The respon15 sible official shall issue a written decision within 60 days 

16 after the conclusion of the hearing. That decision shall set 

17 forth specific findings of fact resolving the genuinely dis18 puted material facts that were the subject of the hearing. 

19 The written decision shall also dispose of the matters 

20 raised in the notice required under paragraph (1) of sub21 section (d). If the responsible official concludes that the 

22 respondent is liable under section 2752 of this title, the 

23 decision shall include the findings of fact and conclusions 

24 of law which the responsible official relied upon in deter25 mining that the respondent is liable, and the amount of 

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1 any penalty or assessment to be imposed on the respond2 ent. Any decisions issued under this subparagraph shall 

3 be based on the record before the responsible official and 

4 shall be supported by a preponderance of the evidence. 

5 The responsible official shall promptly send to the re6 spondent a copy of the decision by registered or certified 

7 mail, or other similar commercial means, or shall hand 

8 deliver a copy of the decision. 

9 ‘‘§ 2754. Payment; interest on late payments 

10 ‘‘(a) PAYMENT OF ASSESSMENTS AND PENALTIES.— 

11 A respondent shall render payment of any assessment and 

12 penalty imposed by a responsible official, or any amount 

13 otherwise agreed to as part of a settlement or adjustment, 

14 not later than the date— 

15 ‘‘(1) that is 30 days after the date of the re16 ceipt by the respondent of the responsible official’s 

17 decision; or 

18 ‘‘(2) as otherwise agreed to by the respondent 

19 and the responsible official. 

20 ‘‘(b) INTEREST.—If there is an unpaid balance as of 

21 the date determined under paragraph (1), interest shall 

22 accrue from that date on any unpaid balance. The rate 

23 of interest charged shall be the rate in effect as of that 

24 date that is published by the Secretary of the Treasury 

25 under section 3717 of title 31. 

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1 ‘‘(c) TREATMENT OF RECEIPTS.—All penalties, as2 sessments, or interest paid, collected, or otherwise recov3 ered under this chapter shall be deposited into the Treas4 ury as miscellaneous receipts as provided in section 3302 

5 of title 31. 

6 ‘‘§ 2755. Judicial review 

7 ‘‘A decision by a responsible official under section 

8 2753(d) or 2753(h) of this title shall be final. Any such 

9 final decision is subject to judicial review only under chap10 ter 7 of title 5. 

11 ‘‘§ 2756. Collection of civil penalties and assessments 

12 ‘‘(a) JUDICIAL ENFORCEMENT OF CIVIL PENALTIES

13 AND ASSESSMENTS.—The Attorney General shall be re14 sponsible for judicial enforcement of any civil penalty or 

15 assessment imposed under this chapter. 

16 ‘‘(b) CIVIL ACTIONS FOR RECOVERY.—Any penalty 

17 or assessment imposed in a decision by a responsible offi18 cial, or amounts otherwise agreed to as part of a settle19 ment or adjustment, along with any accrued interest, may 

20 be recovered in a civil action brought by the Attorney Gen21 eral. In any such action, no matter that was raised or that 

22 could have been raised in a proceeding under this chapter 

23 or pursuant to judicial review under section 2755 of this 

24 title may be raised as a defense, and the determination 

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1 of liability and the determination of amounts of penalties 

2 and assessments shall not be subject to review. 

3 ‘‘(c) JURISDICTION OF UNITED STATES DISTRICT

4 COURTS.—The district courts of the United States shall 

5 have jurisdiction of any action commenced by the United 

6 States under subsection (b). 

7 ‘‘(d) JOINING AND CONSOLIDATING ACTIONS.—Any 

8 action under subsection (b) may, without regard to venue 

9 requirements, be joined and consolidated with or asserted 

10 as a counterclaim, cross-claim, or setoff by the United 

11 States in any other civil action which includes as parties 

12 the United States, and the person against whom such ac13 tion may be brought. 

14 ‘‘(e) JURISDICTION OF UNITED STATES COURT OF

15 FEDERAL CLAIMS.—The United States Court of Federal 

16 Claims shall have jurisdiction of any action under sub17 section (b) to recover any penalty or assessment, or 

18 amounts otherwise agreed to as part of a settlement or 

19 adjustment, along with any accrued interest, if the cause 

20 of action is asserted by the United States as a counter21 claim in a matter pending in such court. The counterclaim 

22 need not relate to the subject matter of the underlying 

23 claim. 

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1 ‘‘§ 2757. Right to administrative offset 

2 ‘‘The amount of any penalty or assessment that has 

3 been imposed by a responsible official, or any amount 

4 agreed upon in a settlement or compromise, along with 

5 any accrued interest, may be collected by administrative 

6 offset. 

7 ‘‘§ 2758. Limitations 

8 ‘‘(a) LIMITATION ON PERIOD FOR INITIATION OF AD9 MINISTRATIVE ACTION.—An action under section 2752 of 

10 this title with respect to a claim or statement shall be com11 menced within six years after the date on which such claim 

12 or statement is made, presented, or submitted. 

13 ‘‘(b) LIMITATION PERIOD FOR INITIATION OF CIVIL

14 ACTION FOR RECOVERY OF ADMINISTRATIVE PENALTY

15 OR ASSESSMENT.—A civil action to recover a penalty or 

16 assessment under section 2756 of this title shall be com17 menced within three years after the date of the decision 

18 of the responsible official imposing the penalty or assess19 ment. 

20 ‘‘§ 2759. Effect on other laws 

21 ‘‘(a) RELATIONSHIP TO TITLE 44 AUTHORITIES.— 

22 This chapter does not diminish the responsibility of the 

23 head of an agency to comply with the provisions of chapter 

24 35 of title 44, relating to coordination of Federal informa25 tion policy. 

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1 ‘‘(b) RELATIONSHIP TO TITLE 31 AUTHORITIES.— 

2 The procedures set forth in this chapter apply to the agen3 cies named in section 2751(a) of this title in lieu of the 

4 procedures under chapter 38 of title 31, relating to admin5 istrative remedies for false claims and statements. 

6 ‘‘(c) RELATIONSHIP TO OTHER AUTHORITIES.—Any 

7 action, inaction, or decision under this chapter shall be 

8 based solely upon the information before the responsible 

9 official and shall not limit or restrict any agency of the 

10 Government from instituting any other action arising out11 side this chapter, including suspension or debarment, 

12 based upon the same information. Any action, inaction or 

13 decision under this chapter shall not restrict the ability 

14 of the Attorney General to bring judicial action, based 

15 upon the same information as long as such action is not 

16 otherwise prohibited by law.’’. 

17 (2) CLERICAL AMENDMENT.—The tables of 

18 chapters at the beginning of subtitle A, and at the 

19 beginning of part IV of subtitle A, of such title are 

20 each amended by inserting after the item relating to 

21 chapter 163 the following new item: 

‘‘164. Administrative Remedies for False Claims and Statements .......... 2751.’’. 

22 (c) CONFORMING AMENDMENTS.—Section 

23 3801(a)(1) of title 31, United States Code, is amended— 

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1 (1) by inserting ‘‘(other than the Department of 

2 Defense)’’ in subparagraph (A) after ‘‘executive de3 partment’’; 

4 (2) by striking subparagraph (B); 

5 (3) by redesignating subparagraph (C) as sub6 paragraph (B) and by inserting ‘‘(other than the 

7 National Aeronautics and Space Administration)’’ in 

8 that subparagraph after ‘‘not an executive depart9 ment’’; and 

10 (4) by redesignating subparagraphs (D), (E), 

11 and (F) as subparagraphs (C), (D), and (E), respec12 tively. 

13 (d) EFFECTIVE DATE.—Chapter 164 of title 10, 

14 United States Code, as added by subsection (b), and the 

15 amendments made by subsection (c), shall apply to any 

16 claim or statement made, presented, or submitted on or 

17 after the date of the enactment of this Act. 

18 SEC. 803. REDUCTION IN COSTS TO REPORT CRITICAL 

19 CHANGES TO MAJOR AUTOMATED INFORMA20 TION SYSTEM PROGRAMS. 

21 (a) EXTENSION OF A PROGRAM DEFINED.—Section 

22 2445a of title 10, United States Code, is amended by add23 ing at the end the following new subsection: 

24 ‘‘(g) EXTENSION OF A PROGRAM.—In this chapter, 

25 the term ‘extension of a program’ means, with respect to 

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1 a major automated information system program or other 

2 major information technology investment program, the 

3 further deployment or planned deployment to additional 

4 users of the system which has already been found oper5 ationally effective and suitable by an independent test 

6 agency or the Director of Operational Test and Evalua7 tion, beyond the scope planned in the original estimate or 

8 information originally submitted on the program.’’. 

9 (b) REPORTS ON CRITICAL CHANGES IN MAIS PRO10 GRAMS.—Subsection (d) of section 2445c of such title is 

11 amended— 

12 (1) in paragraph (1), by striking ‘‘paragraph 

13 (2)’’ and inserting ‘‘paragraph (3)’’; 

14 (2) by redesignating paragraph (2) as para15 graph (3); and 

16 (3) by inserting after paragraph (1) the fol17 lowing new paragraph (2): 

18 ‘‘(2) NOTIFICATION WHEN VARIANCE DUE TO

19 CONGRESSIONAL ACTION OR EXTENSION OF PRO20 GRAM.—If a senior Department of Defense official 

21 who, following receipt of a quarterly report described 

22 in paragraph (1) and making a determination de23 scribed in paragraph (3), also determines that the 

24 circumstances resulting in the determination de25 scribed in paragraph (3) either (A) are primarily the 

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1 result of congressional action, or (B) are primarily 

2 due to an extension of a program, the official may, 

3 in lieu of carrying out an evaluation and submitting 

4 a report in accordance with paragraph (1), submit 

5 to the congressional defense committees, within 45 

6 days after receiving the quarterly report, a notifica7 tion that the official has made those determinations. 

8 If such a notification is submitted, the limitation in 

9 subsection (g)(1) does not apply with respect to that 

10 determination under paragraph (3).’’. 

11 (c) CONFORMING CROSS-REFERENCE AMEND12 MENT.—Subsection (g)(1) of such section is amended by 

13 striking ‘‘subsection (d)(2)’’ and inserting ‘‘subsection 

14 (d)(3)’’. 

15 (d) TOTAL ACQUISITION COST INFORMATION.— 

16 (1) Section 2445b(b)(3) of title 10, United 

17 States Code, is amended by striking ‘‘development 

18 costs’’ and inserting ‘‘total acquisition costs’’. 

19 (2) Section 2445c of such title is amended— 

20 (A) in subparagraph (B) of subsection 

21 (c)(2), by striking ‘‘program development cost’’ 

22 and inserting ‘‘total acquisition cost’’; and 

23 (B) in subparagraph (C) of subsection 

24 (d)(3) (as redesignated by subsection (b)(2)), 

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1 by striking ‘‘program development cost’’ and in2 serting ‘‘total acquisition cost’’. 

3 (e) CLARIFICATION OF CROSS-REFERENCE.—Section 

4 2445c(g)(2) of such title is amended by striking ‘‘in com5 pliance with the requirements of subsection (d)(2)’’ and 

6 inserting ‘‘under subsection (d)(1)(B)’’. 

7 SEC. 804. MODIFICATION OF REPORTING REQUIREMENT 

8 FOR DEPARTMENT OF DEFENSE BUSINESS 

9 SYSTEM ACQUISITION PROGRAMS WHEN INI10 TIAL OPERATING CAPABILITY IS NOT 

11 ACHIEVED WITHIN FIVE YEARS OF MILE12 STONE A APPROVAL. 

13 (a) SUBMISSION TO PRE-CERTIFICATION AUTHOR14 ITY.—Subsection (b) of section 811 of the John Warner 

15 National Defense Authorization Act for Fiscal Year 2007 

16 (Public Law 109–364; 120 Stat. 2316) is amended by 

17 striking ‘‘the system shall be deemed to have undergone’’ 

18 and all that follows through the period and inserting ‘‘the 

19 appropriate official shall report such failure, along with 

20 the facts and circumstances surrounding the failure, to the 

21 appropriate pre-certification authority for that system 

22 under section 2222 of title 10, United States Code, and 

23 the information so reported shall be considered by the pre24 certification authority in the decision whether to rec25 ommend certification of obligations under that section.’’. 

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1 (b) COVERED SYSTEMS.—Subsection (c) of such sec2 tion is amended— 

3 (1) by striking ‘‘3542(b)(2) of title 44’’ and in4 serting ‘‘section 2222(j)(2) of title 10’’; and 

5 (2) by inserting ‘‘, and that is not designated 

6 in section 2445a of title 10, United States Code, as 

7 a ‘major automated information system program’ or 

8 an ‘other major information technology investment 

9 program’ ’’ before the period at the end. 

10 (c) UPDATED REFERENCES TO DOD ISSUANCES.— 

11 Subsection (d) of such section is amended— 

12 (1) in paragraph (1), by striking ‘‘Department 

13 of Defense Instruction 5000.2’’ and inserting ‘‘De14 partment of Defense Directive 5000.01’’; and 

15 (2) in paragraph (2), by striking ‘‘Department 

16 of Defense Instruction 5000.2, dated May 12, 2003’’ 

17 and inserting ‘‘Department of Defense Instruction 

18 5000.02, dated December 3, 2008’’. 

19 SEC. 805. TIMELINESS RULES FOR FILING BID PROTESTS 

20 AT THE UNITED STATES COURT OF FEDERAL 

21 CLAIMS. 

22 (a) JURISDICTION.—Paragraph (1) of section 

23 1491(b) of title 28, United States Code, is amended— 

24 (1) in the first sentence, by striking ‘‘Both the’’ 

25 and all that follows through ‘‘shall have’’ and insertmstockstill on DSK4VPTVN1PROD with BILLS

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1 ing ‘‘The United States Court of Federal Claims 

2 shall have’’; and 

3 (2) in the second sentence— 

4 (A) by striking ‘‘Both the’’ and all that fol5 lows through ‘‘shall have’’ and inserting ‘‘The 

6 United States Court of Federal Claims shall 

7 have’’; and 

8 (B) by striking ‘‘is awarded.’’ and insert9 ing ‘‘is awarded, but such jurisdiction is subject 

10 to time limits as follows: 

11 ‘‘(A) A protest based upon alleged improprieties 

12 in a solicitation that are apparent before bid opening 

13 or the time set for receipt of initial proposals shall 

14 be filed before bid opening or the time set for receipt 

15 of initial proposals. In the case of a procurement 

16 where proposals are requested, alleged improprieties 

17 that do not exist in the initial solicitation but that 

18 are subsequently incorporated into the solicitation 

19 shall be protested not later than the next closing 

20 time for receipt of proposals following the incorpora21 tion. A protest that meets these time limitations that 

22 was previously filed with the Comptroller General 

23 may not be reviewed. 

24 ‘‘(B) A protest other than one covered by sub25 paragraph (A) shall be filed not later than 10 days 

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1 after the basis of the protest is known or should 

2 have been known (whichever is earlier), with the ex3 ception of a protest challenging a procurement con4 ducted on the basis of competitive proposals under 

5 which a debriefing is requested and, when requested, 

6 is required. In such a case, with respect to any pro7 test the basis of which is known or should have been 

8 known either before or as a result of the debriefing, 

9 the initial protest shall not be filed before the de10 briefing date offered to the protester, but shall be 

11 filed not later than 10 days after the date on which 

12 the debriefing is held. 

13 ‘‘(C) If a timely agency-level protest was pre14 viously filed, any subsequent protest to the United 

15 States Court of Federal Claims that is filed within 

16 10 days of actual or constructive knowledge of initial 

17 adverse agency action shall be considered, if the 

18 agency-level protest was filed in accordance with 

19 subparagraphs (A) and (B), unless the contracting 

20 agency imposes a more stringent time for filing the 

21 protest, in which case the agency’s time for filing 

22 shall control. In a case where an alleged impropriety 

23 in a solicitation is timely protested to a contracting 

24 agency, any subsequent protest to the United States 

25 Court of Federal Claims shall be considered timely 

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1 if filed within the 10-day period provided by this 

2 subparagraph, even if filed after bid opening or the 

3 closing time for receipt of proposals. 

4 ‘‘(D) A protest untimely on its face shall be dis5 missed. A protester shall include in its protest all in6 formation establishing the timeliness of the protest; 

7 a protester shall not be permitted to introduce for 

8 the first time in a motion for reconsideration infor9 mation necessary to establish that the protest was 

10 timely. Under no circumstances may the United 

11 States Court of Federal Claims consider a protest 

12 that is untimely because it was first filed with the 

13 Government Accountability Office.’’. 

14 (b) AVAILABLE RELIEF.—Paragraph (2) of such sec15 tion is amended by inserting ‘‘monetary relief shall not 

16 be available if injunctive relief is or has been granted, 

17 and’’ after ‘‘except that’’. 

18 (c) AGENCY DECISIONS OVERRIDING STAY OF CON19 TRACT AWARD OR PERFORMANCE.—Such section is fur20 ther amended— 

21 (1) by redesignating paragraphs (5) and (6) as 

22 paragraphs (6) and (7), respectively; and 

23 (2) by inserting after paragraph (4) the fol24 lowing new paragraph (5): 

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1 ‘‘(5) The United States Court of Federal Claims shall 

2 have jurisdiction to render judgment on an action by an 

3 interested party challenging an agency’s decision to over4 ride a stay of contract award or contract performance that 

5 would otherwise be required by section 3553 of title 31.’’. 

6 (d) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to any cause of action filed 180 

8 days or more after the date of the enactment of this Act. 

9 SEC. 806. EXCEPTION TO INTERNAL CONTROLS FOR PRO10 CUREMENT OF NECESSARY PROPERTY AND 

11 SERVICES BY THE DEPARTMENT OF DEFENSE 

12 AND DEPARTMENT OF VETERANS AFFAIRS 

13 INTERAGENCY PROGRAM OFFICE. 

14 (a) IN GENERAL.—Subparagraph (A) of section 

15 801(b)(2) of the National Defense Authorization Act for 

16 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 202; 

17 10 U.S.C. 2304 note) is amended to read as follows: 

18 ‘‘(A) IN GENERAL.—The limitation in 

19 paragraph (1) shall not apply to the procure20 ment of property and services on behalf of— 

21 ‘‘(i) the Department of Defense by a 

22 non-defense agency during any fiscal year 

23 for which there is in effect a written deter24 mination of the Under Secretary of De25 fense for Acquisition, Technology, and Lomstockstill on DSK4VPTVN1PROD with BILLS

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1 gistics that it is necessary in the interest 

2 of the Department of Defense to procure 

3 property and services through the non-de4 fense agency during such fiscal year; or 

5 ‘‘(ii) the Department of Defense and 

6 Department of Veterans Affairs inter7 agency program office established under 

8 section 1635 of this Act.’’. 

9 (b) CONFORMING AMENDMENT.—Subparagraph (B) 

10 of such section is amended by inserting ‘‘(i)’’ after ‘‘sub11 paragraph (A)’’. 

12 SEC. 807. ENHANCED TRANSFER OF TECHNOLOGY DEVEL13 OPED AT DEPARTMENT OF DEFENSE LAB14 ORATORIES. 

15 (a) DEFINITIONS.—As used in this section: 

16 (1) The terms ‘‘department’’ and ‘‘military de17 partment’’ have the meaning given those terms in 

18 section 101 of title 10, United States Code. 

19 (2) The term ‘‘DoD laboratory’’ or ‘‘labora20 tory’’ means any facility or group of facilities that— 

21 (A) is owned, leased, operated, or other22 wise used by the Department of Defense; and 

23 (B) meets the definition of ‘‘laboratory’’ as 

24 provided in subsection (d)(2) of section 12 of 

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1 the Stevenson-Wydler Technology Innovation 

2 Act of 1980 (15 U.S.C. 3710a). 

3 (b) AUTHORITY.— 

4 (1) IN GENERAL.—The Secretary of Defense 

5 and the Secretaries of the military departments each 

6 may authorize the heads of DoD laboratories to 

7 grant nonexclusive, exclusive, or partially exclusive 

8 licenses, royalty free or for royalties or for rights to 

9 other intellectual property, for computer software 

10 and its related documentation developed at a DoD 

11 laboratory, but only if— 

12 (A) the computer software and related doc13 umentation would be a trade secret under the 

14 meaning of section 552(b)(4) of title 5, United 

15 States Code, if the information had been ob16 tained from a non-Federal party; 

17 (B) the public is notified of the availability 

18 of the software and related documentation for 

19 licensing and interested parties have a fair op20 portunity to submit applications for licensing; 

21 (C) such licensing activities and licenses 

22 shall comply with the requirements under sec23 tion 209 of title 35, United States Code; and 

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1 (D) the software originally was developed 

2 to meet the military needs of the Department 

3 of Defense. 

4 (2) PROTECTIONS AGAINST UNAUTHORIZED

5 DISCLOSURE.—The Secretary of Defense and the 

6 Secretaries of the military departments each shall 

7 provide appropriate precautions against the unau8 thorized disclosure of any computer software or doc9 umentation covered by paragraph (1)(A), including 

10 exemption from section 552 of title 5, United States 

11 Code, for a period of up to 5 years after the develop12 ment of the computer software by the DoD labora13 tory. 

14 (c) ROYALTIES.— 

15 (1) USE OF ROYALTIES.—Except as provided in 

16 paragraph (2), any royalties or other payments re17 ceived by the department from licensing computer 

18 software or documentation under paragraph (b)(1) 

19 shall be retained by the department and shall be dis20 posed of as follows: 

21 (A)(i) The department shall pay each year 

22 the first $2,000, and thereafter at least 15 per23 cent, of the royalties or other payments to be 

24 divided among the employees who developed the 

25 computer software. 

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1 (ii) The department may provide appro2 priate lesser incentives, from royalties or other 

3 payments, to laboratory employees who are not 

4 developers of such computer software but who 

5 substantially increased the technical value of 

6 the software. 

7 (iii) The department shall retain the royal8 ties and other payments received until it makes 

9 payments to employees of a DoD laboratory 

10 under clause (i) or (ii). 

11 (iv) The department may retain an amount 

12 reasonably necessary to pay expenses incidental 

13 to the administration and distribution of royal14 ties or other payments under this section by an 

15 organizational unit of the department other 

16 than its laboratories. 

17 (B) The balance of the royalties or other 

18 payments shall be transferred by the depart19 ment to its laboratories, with the majority share 

20 of the royalties or other payments going to the 

21 laboratory where the development occurred. The 

22 royalties or other payments so transferred to 

23 any DoD laboratory may be used or obligated 

24 by that laboratory during the fiscal year in 

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1 which they are received or during the 2 suc2 ceeding fiscal years— 

3 (i) to reward scientific, engineering, 

4 and technical employees of the DoD lab5 oratory, including developers of sensitive or 

6 classified technology, regardless of whether 

7 the technology has commercial applica8 tions; 

9 (ii) to further scientific exchange 

10 among the laboratories of the agency; 

11 (iii) for education and training of em12 ployees consistent with the research and 

13 development missions and objectives of the 

14 department or DoD laboratory, and for 

15 other activities that increase the potential 

16 for transfer of the technology of the lab17 oratories; 

18 (iv) for payment of expenses inci19 dental to the administration and licensing 

20 of computer software or other intellectual 

21 property made at that DoD laboratory, in22 cluding the fees or other costs for the serv23 ices of other agencies, persons, or organi24 zations for intellectual property manage25 ment and licensing services; or 

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1 (v) for scientific research and develop2 ment consistent with the research and de3 velopment missions and objectives of the 

4 DoD laboratory. 

5 (C) All royalties or other payments re6 tained by the department or DoD laboratory 

7 after payments have been made pursuant to 

8 subparagraphs (A) and (B) that are unobli9 gated and unexpended at the end of the second 

10 fiscal year succeeding the fiscal year in which 

11 the royalties and other payments were received 

12 shall be paid into the Treasury. 

13 (2) EXCEPTION.—If, after payments under 

14 paragraph (1)(A), the balance of the royalties or 

15 other payments received by the department in any 

16 fiscal year exceed 5 percent of the funds received for 

17 use by the DoD laboratory for research, develop18 ment, engineering, testing and evaluation or other 

19 related administrative, processing or value-added ac20 tivities for that year, 75 percent of such excess shall 

21 be paid to the Treasury of the United States and the 

22 remaining 25 percent may be used or obligated 

23 under paragraph (1)(B). Any funds not so used or 

24 obligated shall be paid into the Treasury of the 

25 United States. 

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1 (3) STATUS OF PAYMENTS TO EMPLOYEES.— 

2 Any payment made to an employee under this sec3 tion shall be in addition to the regular pay of the 

4 employee and to any other awards made to the em5 ployee, and shall not affect the entitlement of the 

6 employee to any regular pay, annuity, or award to 

7 which the employee is otherwise entitled or for which 

8 the employee is otherwise eligible or limit the 

9 amount thereof except that the monetary value of an 

10 award for the same project or effort shall be de11 ducted from the amount otherwise available under 

12 this paragraph. Payments, determined under the 

13 terms of this paragraph and made to an employee 

14 developer as such, may continue after the developer 

15 leaves the DoD laboratory or department. Payments 

16 made under this section shall not exceed $75,000 

17 per year to any one person, unless the President ap18 proves a larger award (with the excess over $75,000 

19 being treated as a Presidential award under section 

20 4504 of title 5). 

21 (d) INFORMATION IN REPORT.—The report required 

22 by section 2515(d) of title 10, United States Code, shall 

23 include information regarding the implementation and ef24 fectiveness of this section. 

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1 (e) EXPIRATION.—The authority provided in this sec2 tion shall expire on December 31, 2018. 

3 SEC. 808. EXTENSION OF AUTHORITY FOR PROGRAM TO 

4 AWARD PRIZES FOR ADVANCED TECH5 NOLOGY ACHIEVEMENTS. 

6 Section 2374a of title 10, United States Code, is 

7 amended by striking ‘‘September 30, 2013’’ in subsection 

8 (f) and inserting ‘‘September 30, 2017’’. 

9 SEC. 809. REVISIONS TO ELIGIBILITY FOR, AND AMOUNT 

10 OF, FINANCIAL ASSISTANCE UNDER DEPART11 MENT OF DEFENSE SCIENCE, MATHEMATICS, 

12 AND RESEARCH FOR TRANSFORMATION PRO13 GRAM. 

14 (a) ELIGIBILITY FOR EDUCATIONAL ASSISTANCE.— 

15 Paragraph (1) of section 2192a(b) of title 10, United 

16 States Code, is amended— 

17 (1) by striking subparagraph (A); and 

18 (2) by redesignating subparagraphs (B) and 

19 (C) as subparagraphs (A) and (B), respectively. 

20 (b) AMOUNT OF EDUCATIONAL ASSISTANCE.—Para21 graph (2) of such section is amended by striking ‘‘the 

22 amount determined’’ and all that follows through ‘‘room 

23 and board’’ and inserting ‘‘an amount determined by the 

24 Secretary of Defense’’. 

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1 (c) CONCURRENCE OF SECRETARY OF STATE FOR

2 AWARDS TO NON-CITIZENS.—Such section is further 

3 amended by adding at the end the following new para4 graph: 

5 ‘‘(4) For the purposes of paragraph (1), a scholarship 

6 or fellowship awarded to a person who is not a citizen of 

7 the United States may only be awarded with the concur8 rence of the Secretary of State.’’. 

9 SEC. 810. MODIFICATION OF PURPOSES FOR WHICH DE10 PARTMENT OF DEFENSE ACQUISITION WORK11 FORCE DEVELOPMENT FUND MAY BE USED. 

12 (a) CLARIFICATION OF AVAILABILITY OF FUNDS.— 

13 Paragraph (1) of section 1705(e) of title 10, United States 

14 Code, is amended— 

15 (1) in the first sentence, by striking ‘‘including 

16 for the provision of training and retention incentives 

17 to the acquisition workforce of the Department.’’ 

18 and inserting ‘‘including for the provision of work19 force planning and research, training, development, 

20 retention incentives, and support approved by, and 

21 consistent with guidance issued by, the senior official 

22 designated to manage the Fund to achieve the objec23 tives of the recruitment, hiring, training and devel24 opment, sustainment, and retention of acquisition 

25 personnel of the Department.’’; and 

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1 (2) by inserting after the first sentence the fol2 lowing new sentences: ‘‘Amounts in the Fund shall 

3 not be used for contractual services, supplies, or 

4 equipment used to execute acquisition mission oper5 ations. Amounts in the Fund may be used for con6 tractual services, supplies, and equipment only in di7 rect support of activities identified in this section, 

8 approved by the senior official, and consistent with 

9 senior official guidance.’’. 

10 (b) REVISION TO LIMITATION ON PAYMENTS TO OR

11 FOR CONTRACTORS.—Paragraph (4) of such section is 

12 amended to read as follows: 

13 ‘‘(4) LIMITATION ON PAYMENTS TO OR FOR

14 CONTRACTORS.—Application for amounts in the 

15 Fund that includes amounts to be made available for 

16 payments to contractors or contractor employees for 

17 achieving the purposes of the Fund shall be subject 

18 to the approval of the senior official designated to 

19 manage the Fund. The Fund shall not be used to 

20 provide training or any other support to contrac21 tors.’’. 

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1 SEC. 811. EXTENSION OF PROHIBITION ON CONTRACTING 

2 WITH THE ENEMY IN THE UNITED STATES 

3 CENTRAL COMMAND THEATER OF OPER4 ATIONS. 

5 Section 841(g) of the National Defense Authorization 

6 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

7 1510; 10 U.S.C. 2302 note) is amended by striking ‘‘the 

8 date that is three years after the date of the enactment 

9 of this Act’’ and inserting ‘‘December 31, 2016’’. 

10 SEC. 812. EXTENSION OF AUTHORITY FOR ADDITIONAL AC11 CESS TO CONTRACTOR AND SUBCON12 TRACTOR RECORDS IN THE UNITED STATES 

13 CENTRAL COMMAND THEATER OF OPER14 ATIONS. 

15 Section 842(d)(1) of the National Defense Authoriza16 tion Act for Fiscal Year 2012 (Public Law 112–81; 125 

17 Stat. 1513; 10 U.S.C. 2313 note) is amended by striking 

18 ‘‘the date that is three years after the date of the enact19 ment of this Act’’ and inserting ‘‘December 31, 2016’’. 

20 SEC. 813. EXTENSION OF AUTHORITY TO ACQUIRE PROD21 UCTS AND SERVICES PRODUCED IN COUN22 TRIES ALONG A MAJOR ROUTE OF SUPPLY 

23 TO AFGHANISTAN. 

24 Section 801(f) of the National Defense Authorization 

25 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

26 2399), as amended by section 841(a) of the National Demstockstill on DSK4VPTVN1PROD with BILLS

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1 fense Authorization Act for Fiscal Year 2013 (Public Law 

2 112–239; 126 Stat. 1845), is amended by striking ‘‘De3 cember 31, 2014’’ and inserting ‘‘December 31, 2015’’. 

4 SEC. 814. EXTENSION OF SPECIAL EMERGENCY PROCURE5 MENT AUTHORITY TO PROCUREMENTS IN 

6 SUPPORT OF OPERATIONS PERFORMED BY 

7 SPECIAL OPERATIONS FORCES OUTSIDE 

8 CONTINENTAL UNITED STATES. 

9 Section 1903(a) of title 41, United States Code, is 

10 amended— 

11 (1) by striking ‘‘or’’ at the end of paragraph 

12 (1); 

13 (2) by striking the period at the end of para14 graph (2) and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following new 

16 paragraph: 

17 ‘‘(3) in support of an operation performed by 

18 special operations forces outside the continental 

19 United States so long as the operation is covered by 

20 an order of the Secretary of Defense referred to as 

21 an ‘execute order’ and the procurement is of prop22 erty or services which are special operations-peculiar 

23 as that term is defined in Department of Defense 

24 Directive 5100.03, entitled ‘Support of the Headmstockstill on DSK4VPTVN1PROD with BILLS

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1 quarters of Combatant and Subordinate Unified 

2 Commands’ and dated February 9, 2011.’’. 

3 SEC. 815. EXTENSION OF SPECIAL EMERGENCY PROCURE4 MENT AUTHORITY. 

5 Section 1903(a) of title 41, United States Code, is 

6 amended— 

7 (1) by striking ‘‘or’’ at the end of paragraph 

8 (1); 

9 (2) by striking the period at the end of para10 graph (2); and 

11 (3) by adding at the end the following new 

12 paragraphs: 

13 ‘‘(3) in support of requests from the United 

14 States Agency for International Development to fa15 cilitate the provision of international disaster assist16 ance pursuant to the Foreign Assistance Act of 

17 1961 (22 U.S.C. 2151 et seq.); or 

18 ‘‘(4) in support of an emergency or major dis19 aster (as those terms are defined in section 102 of 

20 the Robert T. Stafford Disaster Relief and Emer21 gency Assistance Act (42 U.S.C. 5122)).’’. 

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1 SEC. 816. ENHANCEMENT OF AGENCY AUTHORITY TO 

2 EVALUATE CONTRACTOR DATA AND OF DE3 FENSE CONTRACT AUDIT AGENCY SUBPOENA 

4 AUTHORITY. 

5 (a) ACCESS TO DATA FOR EVALUATION PUR6 POSES.—Subsection (a)(2) of section 2313 of title 10, 

7 United States Code, is amended by inserting ‘‘or for the 

8 purpose of evaluating data other than certified cost or 

9 pricing data with respect to a contract or subcontract, to 

10 have access to and’’ after ‘‘subcontract,’’. 

11 (b) DCAA SUBPOENA AUTHORITY.—Subsection 

12 (b)(1) of such section is amended by inserting ‘‘or subcon13 tractor’’ after ‘‘of a contractor’’. 

14 SEC. 817. ALTERNATIVE TO REQUIREMENT FOR CONDUCT 

15 OF PRELIMINARY DESIGN REVIEW BEFORE 

16 MILESTONE B APPROVAL FOR MAJOR DE17 FENSE ACQUISITION PROGRAMS. 

18 Paragraph (2) of section 2366b(a) of title 10 United 

19 States Code, is amended to read as follows: 

20 ‘‘(2) certifies that the program demonstrates a 

21 high likelihood of accomplishing its intended mission 

22 based upon either— 

23 ‘‘(A) a formal assessment by the milestone 

24 decision authority of the results of a prelimi25 nary design review conducted before Milestone 

26 B approval; or 

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1 ‘‘(B) an approved acquisition strategy for 

2 the Engineering and Manufacturing Develop3 ment Phase that includes a program schedule 

4 that identifies a specific timeframe for the con5 duct of a preliminary design review and post6 preliminary design review assessment at an ap7 propriate point after Milestone B approval; 

8 and’’. 

9 SEC. 818. LIMITATION ON ALLOWABLE GOVERNMENT CON10 TRACTOR COMPENSATION COSTS. 

11 (a) LIMITATION.— 

12 (1) CIVILIAN CONTRACTS.—Section 

13 4304(a)(16) of title 41, United States Code, is 

14 amended to read as follows: 

15 ‘‘(16) Costs of compensation of any contractor 

16 employee for a fiscal year, regardless of the contract 

17 funding source, to the extent that such compensa18 tion exceeds the annual amount paid to the Presi19 dent in accordance with section 102 of title 3, except 

20 that the head of an executive agency may establish 

21 one or more narrowly targeted exceptions for sci22 entists, engineers, or other specialists upon a deter23 mination that such exceptions are needed to ensure 

24 that the executive agency has continued access to 

25 needed skills and capabilities.’’. 

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1 (2) DEFENSE CONTRACTS.—Section 

2 2324(e)(1)(P) of title 10, United States Code, is 

3 amended to read as follows: 

4 ‘‘(P) Costs of compensation of any con5 tractor employees for a fiscal year, regardless of 

6 the contract funding source, to the extent that 

7 such compensation exceeds the annual amount 

8 paid to the President in accordance with section 

9 102 of title 3, except that the head of the agen10 cy may establish one or more narrowly targeted 

11 exceptions for scientists, engineers, or other 

12 specialists upon a determination that such ex13 ceptions are needed to ensure that the agency 

14 has continued access to needed skills and capa15 bilities.’’. 

16 (3) EFFECTIVE DATE.—The amendments made 

17 by this subsection shall apply with respect to costs 

18 of compensation incurred under contracts entered 

19 into on or after the date that is 180 days after the 

20 date of the enactment of this Act. 

21 (b) CONFORMING AMENDMENT.—(1) Section 1127 of 

22 title 41, United States Code, is amended by adding at the 

23 end the following new subsection: 

24 ‘‘(c) APPLICABILITY.—This section shall apply only 

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1 tracts entered into before the date that is 180 days after 

2 the date of the enactment of the National Defense Author3 ization Act for Fiscal Year 2014.’’. 

4 (2) Section 4301 of title 41, United States Code, is 

5 amended by striking paragraph (4). 

6 TITLE IX—DEPARTMENT OF DE7 FENSE ORGANIZATION AND 

8 MANAGEMENT 

9 SEC. 901. CLARIFICATION OF THE ORDER OF PRECEDENCE 

10 FOR THE PRINCIPAL DEPUTY UNDER SECRE11 TARIES OF DEFENSE. 

12 Subsection (d) of section 137a of title 10, United 

13 States Code, is amended by striking ‘‘and the Deputy 

14 Chief Management Officer of the Department of De15 fense.’’ and inserting ‘‘the Deputy Chief Management Of16 ficer of the Department of Defense, and the officials serv17 ing in positions specified in section 131(b)(4) of this 

18 title.’’. 

19 SEC. 902. UPDATE OF STATUTORY SPECIFICATION OF 

20 FUNCTIONS OF THE CHAIRMAN OF THE 

21 JOINT CHIEFS OF STAFF RELATING TO DOC22 TRINE, TRAINING, AND EDUCATION. 

23 Paragraph (5) of section 153(a) of title 10, United 

24 States Code, is amended— 

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1 (1) in the paragraph heading, by striking 

2 ‘‘DOCTRINE, TRAINING, AND EDUCATION’’ and in3 serting ‘‘JOINT FORCE DEVELOPMENT ACTIVITIES’’; 

4 (2) in subparagraph (B), by inserting ‘‘and 

5 technical standards, and executing actions’’ after 

6 ‘‘policies’’; 

7 (3) in subparagraph (C), by striking ‘‘and 

8 training’’; and 

9 (4) by adding at the end the following new sub10 paragraphs: 

11 ‘‘(D) Formulating policies for concept develop12 ment and experimentation for the joint employment 

13 of the armed forces. 

14 ‘‘(E) Formulating policies for gathering, devel15 oping, and disseminating joint lessons learned for 

16 the armed forces.’’. 

17 SEC. 903. REVISION OF SECRETARY OF DEFENSE AUTHOR18 ITY TO ENGAGE IN COMMERCIAL ACTIVITIES 

19 AS SECURITY FOR INTELLIGENCE COLLEC20 TION ACTIVITIES. 

21 (a) PERIOD FOR REQUIRED AUDITS.—Section 

22 432(b)(2) of such title is amended by striking ‘‘annually’’ 

23 in the first sentence and inserting ‘‘biennially’’. 

24 (b) REPEAL OF DESIGNATION OF DEFENSE INTEL25 LIGENCE AGENCY AS REQUIRED OVERSIGHT AUTHORITY

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1 WITHIN DEPARTMENT OF DEFENSE.—Section 436(4) of 

2 such title is amended— 

3 (1) by striking ‘‘within the Defense Intelligence 

4 Agency’’ and inserting ‘‘within the Department of 

5 Defense’’; and 

6 (2) by striking ‘‘management and supervision’’ 

7 and inserting ‘‘oversight’’. 

8 (c) TECHNICAL AMENDMENTS.— 

9 (1) DEFINITION OF CONGRESSIONAL INTEL10 LIGENCE COMMITTEES.—Section 437 of such title is 

11 amended— 

12 (A) in subsections (a) and (b), by inserting 

13 ‘‘congressional’’ before ‘‘intelligence commit14 tees’’; and 

15 (B) by adding at the end the following new 

16 subsection: 

17 ‘‘(c) CONGRESSIONAL INTELLIGENCE COMMITTEES

18 DEFINED.—In this section, the term ‘congressional intel19 ligence committees’ has the meaning given that term in 

20 section 3 of the National Security Act of 1947 (50 U.S.C. 

21 401a).’’. 

22 (2) CONFORMING AMENDMENTS.—The second 

23 sentence of section 432(b)(2) of such title is amend24 ed— 

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1 (A) by inserting ‘‘congressional’’ before 

2 ‘‘intelligence committees’’; and 

3 (B) by striking ‘‘section 437(d)’’ and in4 serting ‘‘section 437(c)’’. 

5 SEC. 904. TRANSFER OF ADMINISTRATION OF OCEAN RE6 SEARCH ADVISORY PANEL FROM DEPART7 MENT OF THE NAVY TO NATIONAL OCEANIC 

8 AND ATMOSPHERIC ADMINISTRATION. 

9 (a) AUTHORITY FOR OCEAN RESEARCH ADVISORY

10 PANEL.—Subsection (a) of section 7903 of title 10, 

11 United States Code, is amended— 

12 (1) in the matter preceding paragraph (1)— 

13 (A) by inserting ‘‘, through the Adminis14 trator of the National Oceanic and Atmospheric 

15 Administration,’’ after ‘‘The Council’’; 

16 (B) by striking ‘‘Panel consisting’’ and in17 serting ‘‘Panel. The Panel shall consist’’; and 

18 (C) by striking ‘‘chairman’’ and inserting 

19 ‘‘Administrator of the National Oceanic and At20 mospheric Administration, on behalf of the 

21 Council’’; 

22 (2) in paragraph (1), by striking ‘‘National 

23 Academy of Science’’ and inserting ‘‘National Acad24 emies’’; and 

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1 (3) by striking paragraphs (2) and (3) and re2 designating paragraphs (4) and (5) as paragraphs 

3 (2) and (3), respectively. 

4 (b) RESPONSIBILITIES OF PANEL.—Subsection (b) of 

5 such section is amended— 

6 (1) by inserting ‘‘, through the Administrator of 

7 the National Oceanic and Atmospheric Administra8 tion,’’ after ‘‘The Council’’; 

9 (2) by redesignating paragraphs (3) and (4) as 

10 paragraphs (4) and (5), respectively; and 

11 (3) by striking paragraph (2) and inserting the 

12 following new paragraphs (2) and (3): 

13 ‘‘(2) To advise the Council on the determination 

14 of scientific priorities and needs. 

15 ‘‘(3) To provide the Council strategic advice re16 garding national ocean program execution and col17 laboration.’’. 

18 (c) FUNDING TO SUPPORT ACTIVITIES OF PANEL.— 

19 Subsection (c) of such section is amended by striking 

20 ‘‘Secretary of the Navy’’ and inserting ‘‘Secretary of Com21 merce’’. 

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1 SEC. 905. CHANGE TO REFERENCE TO THE MAJOR DEPART2 MENT OF DEFENSE HEADQUARTERS ACTIVI3 TIES ISSUANCE. 

4 Section 194(f) of title 10, United States Code, is 

5 amended by striking ‘‘Directive 5100.73’’ and all that fol6 lows and inserting ‘‘Instruction 5100.73, entitled ‘Major 

7 DoD Headquarters Activities’.’’. 

8 SEC. 906. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

9 REIMBURSEMENT OF COSTS OF ACTIVITIES 

10 FOR NONGOVERNMENTAL PERSONNEL AT 

11 DEPARTMENT OF DEFENSE REGIONAL CEN12 TERS FOR SECURITY STUDIES. 

13 Paragraph (1) of section 941(b) of the Duncan Hun14 ter National Defense Authorization Act for Fiscal Year 

15 2009 (Public Law 110–417; 10 U.S.C. 184 note) is 

16 amended by striking ‘‘through 2013’’ and inserting 

17 ‘‘through 2014’’. 

18 TITLE X—GENERAL PROVISIONS 

19 Subtitle A—Financial Matters 

20 SEC. 1001. ENHANCEMENT OF DEPARTMENT OF DEFENSE 

21 CAPABILITIES TO DETER AND RESPOND TO 

22 CONTRACTOR FRAUD. 

23 (a) WITHHOLDING OF CONTRACTUAL PAYMENTS.— 

24 Subsection (a) of section 2207 of title 10, United States 

25 Code, is amended— 

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1 (1) by striking ‘‘unless that contract provides 

2 that—’’ and inserting ‘‘unless that contract provides 

3 each of the following:’’; 

4 (2) in paragraph (1)— 

5 (A) by inserting ‘‘That’’ after ‘‘(1)’’; and 

6 (B) by striking ‘‘; and’’ and inserting a pe7 riod; 

8 (3) in paragraph (2), by inserting ‘‘That,’’ after 

9 ‘‘(2)’’; and 

10 (4) by inserting after paragraph (2) the fol11 lowing new paragraphs: 

12 ‘‘(3) That with respect to a contract that could 

13 have been terminated under paragraph (1) but for 

14 the prior completion of the contract’s performance, 

15 the United States is entitled to exemplary damages 

16 as set forth in paragraph (2), in accordance with the 

17 notice and hearing process set forth in paragraph 

18 (1). 

19 ‘‘(4) That, with respect to a contract that is 

20 terminated under paragraph (1) or, as specified in 

21 paragraph (3), could have been terminated under 

22 paragraph (1) but for the prior completion of the 

23 contract’s performance, the United States may, after 

24 notifying the contractor but pending the determina25 tion concerning exemplary damages referred to in 

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1 paragraph (2), withhold from payments otherwise 

2 due to the contractor under any contract between 

3 the contractor and the military department or De4 fense Agency that entered into the terminated (or 

5 completed) contract an amount that is up to 10 

6 times the cost incurred by the contractor in giving 

7 gratuities to the officer, official, or employee con8 cerned, as such cost is estimated by the Secretary.’’. 

9 (b) INAPPLICABILITY TO NON-DOD AGENCIES.— 

10 Subsection (b) of such section is amended— 

11 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) Paragraph (4) of subsection (a) does not apply 

15 to a contract awarded on behalf of a military department 

16 or Defense Agency by a department or agency of the 

17 United States outside of the Department of Defense.’’. 

18 (c) RETENTION OF DAMAGES; FRAUD FIGHTING

19 FUNDS.—Such section is further amended— 

20 (1) by redesignating subsection (b), as amended 

21 by subsection (b) of this section, as subsection (c); 

22 and 

23 (2) by inserting after subsection (a) the fol24 lowing new subsection (b): 

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1 ‘‘(b) RETENTION OF DAMAGES; FRAUD FIGHTING

2 FUNDS.—(1) Exemplary damages recovered under sub3 section (a)(2) may be retained by the Secretary of De4 fense, if recovered by a Defense Agency, or by the Sec5 retary concerned, if recovered by a military department, 

6 without regard to section 3302 of title 31. 

7 ‘‘(2) The Secretary of Defense and the Secretaries 

8 of the military departments shall each establish a ‘Fraud9 Fighting Fund’ for use by the Defense Agencies, in the 

10 case of the fund established by the Secretary of Defense, 

11 or military department, in the case of a fund established 

12 by the Secretary concerned, which shall be available to 

13 provide funds, in addition to funds which may be otherwise 

14 available for activities including training, investigations, 

15 administrative proceedings, enforcement actions, and 

16 other related activities associated with deterring and pre17 venting fraud. Exemplary damages recovered under sub18 section (a)(2), shall be paid into the appropriate fund and 

19 shall be available until expended.’’. 

20 (d) BURDEN OF PROOF.—Subsection (a)(1) of such 

21 section, as amended by subsection (a), is further amended 

22 by inserting ‘‘and by a preponderance of the evidence’’ 

23 after ‘‘after notice and hearing’’. 

24 (e) TECHNICAL AMENDMENTS.—Subsection (a) of 

25 such section is further amended by striking ‘‘clause (1)’’ 

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1 in paragraph (2) and in the flush sentence at the end and 

2 inserting ‘‘paragraph (1)’’. 

3 (f) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to contracts that are awarded on 

5 or after the date that is 180 days after the date of the 

6 enactment of this Act. 

7 (g) CONFORMING AMENDMENTS.—Section 2410m(a) 

8 of title 10, United States Code, is amended— 

9 (1) by inserting ‘‘or arising from a recovery of 

10 exemplary damages under section 2207 of this title,’’ 

11 after ‘‘of title 41’’; 

12 (2) by striking ‘‘or’’ at the end of paragraph 

13 (2); 

14 (3) by striking the period at the end of para15 graph (3) and inserting ‘‘; or’’; and 

16 (4) by adding at the end the following new 

17 paragraph: 

18 ‘‘(4) any determination under section 2207 of 

19 this title.’’. 

20 (h) PROCUREMENT REGULATIONS.—Regulations 

21 governing actions under section 2207 of title 10, United 

22 States Code, shall be revised to implement the amend23 ments to that section made by this section not later than 

24 180 days after the date of the enactment of this Act. 

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1 SEC. 1002. PILOT PROGRAM FOR THE TEMPORARY EX2 CHANGE OF FINANCIAL MANAGEMENT PER3 SONNEL. 

4 (a) ASSIGNMENT AUTHORITY.—The Secretary of De5 fense may, with the agreement of the private sector orga6 nization concerned, arrange for the temporary assignment 

7 of an employee to such private sector organization, or from 

8 such private sector organization to a Department of De9 fense organization under this section. An employee shall 

10 be eligible for such an assignment only if the employee— 

11 (1) works in the field of financial management; 

12 (2) is considered by the Secretary of Defense to 

13 be an exceptional employee; and 

14 (3) is compensated at not less than the GS–11 

15 level (or the equivalent). 

16 (b) AGREEMENTS.—The Secretary of Defense shall 

17 provide for a written agreement among the Department 

18 of Defense, the private sector organization, and the em19 ployee concerned regarding the terms and conditions of 

20 the employee’s assignment under this section. The agree21 ment— 

22 (1) shall require, in the case of an employee of 

23 the Department of Defense, that upon completion of 

24 the assignment, the employee will serve in the civil 

25 service for a period at least equal to three times the 

26 length of the assignment, unless the employee is 

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1 sooner involuntarily separated from the service of 

2 the employee’s agency; and 

3 (2) shall provide that if the employee of the De4 partment of Defense or of the private sector organi5 zation (as the case may be) fails to carry out the 

6 agreement, or if the employee is voluntarily sepa7 rated from the service of the employee’s agency be8 fore the end of the period stated in the agreement, 

9 such employee shall be liable to the United States 

10 for payment of all expenses of the assignment unless 

11 that failure or voluntary separation was for good 

12 and sufficient reason, as determined by the Sec13 retary of Defense. 

14 An amount for which an employee is liable under para15 graph (2) shall be treated as a debt due the United States. 

16 The Secretary may waive, in whole or in part, collection 

17 of such a debt based on a determination that the collection 

18 would be against equity and good conscience and not in 

19 the best interests of the United States. 

20 (c) TERMINATION.—An assignment under this sec21 tion may, at any time and for any reason, be terminated 

22 by the Department of Defense or the private sector organi23 zation concerned. 

24 (d) DURATION.—An assignment under this section 

25 shall be for a period of not less than 3 months and not 

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1 more than 1 year; however, no assignment under this sec2 tion may commence after September 30, 2019. 

3 (e) STATUS OF FEDERAL EMPLOYEES ASSIGNED TO

4 PRIVATE SECTOR ORGANIZATION.—An employee of the 

5 Department of Defense who is temporarily assigned to a 

6 private sector organization under this section shall be con7 sidered, during the period of assignment, to be on detail 

8 to a regular work assignment in the Department for all 

9 purposes. The written agreement established under sub10 section (b) shall address the specific terms and conditions 

11 related to the employee’s continued status as a Federal 

12 employee. 

13 (f) TERMS AND CONDITIONS FOR PRIVATE SECTOR

14 EMPLOYEES.—An employee of a private sector organiza15 tion who is assigned to a Department of Defense organiza16 tion under this section— 

17 (1) shall continue to receive pay and benefits 

18 from the private sector organization from which 

19 such employee is assigned; 

20 (2) is deemed to be an employee of the Depart21 ment of Defense for the purposes of— 

22 (A) chapter 73 of title 5, United States 

23 Code; 

24 (B) sections 201, 203, 205, 207, 208, 209, 

25 603, 606, 607, 643, 654, 1905, and 1913 of 

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1 title 18, United States Code, and any other 

2 conflict of interest statute; 

3 (C) sections 1343, 1344, and 1349(b) of 

4 title 31, United States Code; 

5 (D) the Federal Tort Claims Act and any 

6 other Federal tort liability statute; 

7 (E) the Ethics in Government Act of 1978; 

8 (F) section 1043 of the Internal Revenue 

9 Code of 1986; 

10 (G) chapter 21 of title 41, United States 

11 Code; and 

12 (H) subchapter I of chapter 81 of title 5, 

13 United States Code, relating to compensation 

14 for work-related injuries; and 

15 (3) may not have access, while the employee is 

16 assigned to a Department of Defense organization, 

17 to any trade secrets or to any other nonpublic infor18 mation which is of commercial value to the private 

19 sector organization from which such employee is as20 signed. 

21 (g) PROHIBITION AGAINST CHARGING CERTAIN

22 COSTS TO THE FEDERAL GOVERNMENT.—A private sec23 tor organization may not charge the Department of De24 fense or any other agency of the Federal Government, as 

25 direct or indirect costs under a Federal contract, the costs 

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1 of pay or benefits paid by the organization to an employee 

2 assigned to a Department of Defense organization under 

3 this section for the period of the assignment. 

4 (h) CONSIDERATION.—The Secretary of Defense 

5 shall take into consideration the question of how assign6 ments might best be used to help meet the needs of the 

7 Department of Defense with respect to the training of em8 ployees in financial management. 

9 (i) NUMERICAL LIMITATION.—Not more than five 

10 Department of Defense employees may be assigned to pri11 vate sector organizations under this section, and not more 

12 than five employees of private sector organizations may 

13 be assigned to the Department of Defense under this sec14 tion, at any given time. 

15 Subtitle B—Naval Vessels 

16 SEC. 1011. REPEAL OF POLICY RELATING TO PROPULSION 

17 SYSTEMS OF ANY NEW CLASS OF MAJOR 

18 COMBATANT VESSELS OF THE STRIKE 

19 FORCES OF THE UNITED STATES NAVY. 

20 Section 1012 of the National Defense Authorization 

21 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

22 303), as most recently amended by section 1013 of the 

23 National Defense Authorization Act for Fiscal Year 2013 

24 (Public Law 112–239; 126 Stat. 1908), is repealed. 

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1 SEC. 1012. REPEAL OF REQUIREMENTS RELATING TO PRO2 CUREMENT OF FUTURE SURFACE COMBAT3 ANTS. 

4 Section 125 of the National Defense Authorization 

5 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

6 2214) is repealed. 

7 SEC. 1013. CLARIFICATION OF SOLE OWNERSHIP RESULT8 ING FROM SHIP DONATIONS AT NO COST TO 

9 THE NAVY. 

10 (a) CLARIFICATION OF TRANSFER AUTHORITY.— 

11 Subsection (a) of section 7306 of title 10, United States 

12 Code, is amended to read as follows: 

13 ‘‘(a) AUTHORITY TO MAKE TRANSFER.—The Sec14 retary of the Navy may convey, by donation, all right, title, 

15 and interest to any vessel stricken from the Naval Vessel 

16 Register or any captured vessel, for use as a museum or 

17 memorial for public display in the United States, to— 

18 ‘‘(1) any State, the District of Columbia, any 

19 Commonwealth or possession of the United States, 

20 or any municipal corporation or political subdivision 

21 thereof; or 

22 ‘‘(2) any nonprofit entity.’’. 

23 (b) CLARIFICATION OF LIMITATIONS ON LIABILITY

24 AND RESPONSIBILITY.—Subsection (b) of such section is 

25 amended to read as follows: 

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1 ‘‘(b) LIMITATIONS ON LIABILITY AND RESPONSI2 BILITY.— 

3 ‘‘(1) IMMUNITY OF UNITED STATES.—The 

4 United States and all departments and agencies 

5 thereof, and their officers and employees, shall not 

6 be liable at law or in equity for any injury or dam7 age to any person or property occurring on a vessel 

8 donated under this section. 

9 ‘‘(2) IMPROVEMENTS, UPGRADES, AND RE10 PAIRS.—Notwithstanding any other law, the United 

11 States and all departments and agencies thereof, 

12 and their officers and employees, shall have no re13 sponsibility or obligation to make, engage in, or pro14 vide funding for, any improvement, upgrade, modi15 fication, maintenance, preservation, or repair to a 

16 vessel donated under this section.’’. 

17 (c) CLARIFICATION THAT TRANSFERS TO BE MADE

18 AT NO COST TO UNITED STATES.—Subsection (c) of such 

19 section is amended by inserting after ‘‘under this section’’ 

20 the following: ‘‘, the maintenance and preservation of that 

21 vessel as a museum or memorial, and the ultimate disposal 

22 of that vessel, including demilitarization of Munitions List 

23 items at the end of the useful life of the vessel as a mu24 seum or memorial,’’. 

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1 (d) APPLICATION OF ENVIRONMENTAL LAWS; DEFI2 NITIONS.—Such section is further amended by adding at 

3 the end the following new subsections: 

4 ‘‘(e) APPLICATION OF ENVIRONMENTAL LAWS.— 

5 Nothing in this section shall affect the applicability of 

6 Federal, State, interstate, and local environmental laws 

7 and regulations, including the Toxic Substances Control 

8 Act (15 U.S.C. 2601 et seq.) and the Comprehensive Envi9 ronmental Response, Compensation, and Liability Act of 

10 1980 (42 U.S.C. 9601 et seq.), to the Department of De11 fense or to a donee. 

12 ‘‘(f) DEFINITIONS.—In this section: 

13 ‘‘(1) The term ‘nonprofit entity’ means any en14 tity qualifying as an exempt organization under sec15 tion 501(c)(3) of the Internal Revenue Code of 

16 1986. 

17 ‘‘(2) The term ‘Munitions List’ means the 

18 United States Munitions List created and controlled 

19 under section 38 of the Arms Export Control Act 

20 (22 U.S.C. 2778). 

21 ‘‘(3) The term ‘donee’ means any entity receiv22 ing a vessel pursuant to subsection (a).’’. 

23 (e) CLERICAL AMENDMENTS.— 

24 (1) SECTION HEADING.—The heading of such 

25 section is amended to read as follows: 

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1 ‘‘§ 7306. Vessels stricken from Naval Vessel Register; 

2 captured vessels: conveyance by dona3 tion’’. 

4 (2) TABLE OF SECTIONS.—The item relating to 

5 such section in the table of sections at the beginning 

6 of chapter 633 of such title is amended to read as 

7 follows: 

‘‘7306. Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation.’’. 

8 Subtitle C—Counter-Drug 

9 Activities 

10 SEC. 1021. EXTENSION OF AUTHORITY TO SUPPORT UNI11 FIED COUNTER-DRUG AND COUNTERTER12 RORISM CAMPAIGN IN COLOMBIA AND OF 

13 NUMERICAL LIMITATION ON ASSIGNMENT OF 

14 UNITED STATES PERSONNEL IN COLOMBIA. 

15 Section 1021 of the Ronald W. Reagan National De16 fense Authorization Act for Fiscal Year 2005 (Public Law 

17 108–375; 118 Stat. 2042), as most recently amended by 

18 section 1010 of the National Defense Authorization Act 

19 for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 

20 1907), is further amended— 

21 (1) in subsection (a)(1), by striking ‘‘In fiscal 

22 years 2005 through 2013’’ and inserting ‘‘During 

23 the period ending on December 31, 2016’’; and 

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1 (2) in subsection (c), by striking ‘‘in fiscal years 

2 2005 through 2013’’ and inserting ‘‘during the pe3 riod ending on December 31, 2016,’’. 

4 SEC. 1022. REVISIONS TO DEPARTMENT OF DEFENSE AU5 THORITY TO PROVIDE SUPPORT FOR 

6 COUNTER-DRUG ACTIVITIES OF OTHER 

7 AGENCIES. 

8 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

9 section 1004 of the National Defense Authorization Act 

10 for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 

11 374 note) is amended by striking ‘‘During fiscal years 

12 2002 through 2014’’ and inserting ‘‘During fiscal years 

13 2002 through 2018’’. 

14 (b) AUTHORITY TO PROVIDE CERTAIN EQUIPMENT

15 OR SERVICES.—Subsection (b)(4) of such section is 

16 amended by inserting before the period at the end the fol17 lowing: ‘‘, including the provision of non-lethal equipment 

18 or services necessary for the operation of such bases or 

19 facilities, other than any equipment specifically identified 

20 in section 1033 of the National Defense Authorization Act 

21 for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

22 1881), and the provision of ammunition up to .50 caliber 

23 for United States Federal law enforcement agencies oper24 ating outside the United States’’. 

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1 SEC. 1023. EXTENSION AND EXPANSION OF AUTHORITY TO 

2 PROVIDE ADDITIONAL SUPPORT FOR 

3 COUNTER-DRUG ACTIVITIES OF CERTAIN 

4 FOREIGN GOVERNMENTS. 

5 (a) EXTENSION OF AUTHORITY.—Subsection (a)(2) 

6 of section 1033 of the National Defense Authorization Act 

7 for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

8 1881), as most recently amended by section 1012 of the 

9 National Defense Authorization Act for Fiscal Year 2013 

10 (Public Law 112–239; 126 Stat. 1907), is further amend11 ed by striking ‘‘2013’’ and inserting ‘‘2015’’. 

12 (b) ADDITIONAL GOVERNMENTS ELIGIBLE TO RE13 CEIVE SUPPORT.—Subsection (b) of such section is fur14 ther amended by adding at the end the following new para15 graphs: 

16 ‘‘(36) The Government of Bangladesh. 

17 ‘‘(37) The Government of Yemen.’’. 

18 (c) MAXIMUM AMOUNT OF SUPPORT.—Subsection 

19 (e)(2) of such section is further amended by striking 

20 ‘‘2013’’ and inserting ‘‘2015’’. 

21 SEC. 1024. EXTENSION OF AUTHORITY FOR JOINT TASK 

22 FORCES TO PROVIDE SUPPORT TO LAW EN23 FORCEMENT AGENCIES. 

24 Subsection (b) of section 1022 of the National De25 fense Authorization Act for Fiscal Year 2004 (Public Law 

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1 108–136; 10 U.S.C. 371 note) is amended by striking 

2 ‘‘2013’’ and inserting ‘‘2015’’. 

3 Subtitle D—Other Matters 

4 SEC. 1031. MANAGEMENT OF DEPARTMENT OF DEFENSE IN5 STALLATIONS. 

6 (a) SECRETARY OF DEFENSE AUTHORITY.—Chapter 

7 159 of title 10, United States Code, is amended by insert8 ing after section 2671 the following new section: 

9 ‘‘§ 2672. Protection of property 

10 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

11 protect the buildings, grounds, and property that are 

12 under the jurisdiction, custody, or control of the Depart13 ment of Defense and the persons on that property. 

14 ‘‘(b) OFFICERS AND AGENTS.— 

15 ‘‘(1) DESIGNATION.—(A) The Secretary may 

16 designate military or civilian personnel of the De17 partment of Defense as officers and agents to per18 form the functions of the Secretary under subsection 

19 (a), including, with regard to civilian officers and 

20 agents, duty in areas outside the property specified 

21 in that subsection to the extent necessary to protect 

22 that property and persons on that property. 

23 ‘‘(B) A designation under subparagraph (A) 

24 may be made by individual, by position, by installamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion, or by such other category of personnel as the 

2 Secretary determines appropriate. 

3 ‘‘(C) In making a designation under subpara4 graph (A) with respect to any category of personnel, 

5 the Secretary shall specify each of the following: 

6 ‘‘(i) The personnel or positions to be in7 cluded in the category. 

8 ‘‘(ii) Which authorities provided for in 

9 paragraph (2) may be exercised by personnel in 

10 that category. 

11 ‘‘(iii) In the case of civilian personnel in 

12 that category— 

13 ‘‘(I) which authorities provided for in 

14 paragraph (2), if any, are authorized to be 

15 exercised outside the property specified in 

16 subsection (a); and 

17 ‘‘(II) with respect to the exercise of 

18 any such authorities outside the property 

19 specified in subsection (a), the cir20 cumstances under which coordination with 

21 law enforcement officials outside of the De22 partment of Defense should be sought in 

23 advance. 

24 ‘‘(D) The Secretary may make a designation 

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1 mines, with respect to the category of personnel to 

2 be covered by that designation, that— 

3 ‘‘(i) the exercise of each specific authority 

4 provided for in paragraph (2) to be delegated to 

5 that category of personnel is necessary for the 

6 performance of the duties of the personnel in 

7 that category and such duties cannot be per8 formed as effectively without such authorities; 

9 and 

10 ‘‘(ii) the necessary and proper training for 

11 the authorities to be exercised is available to 

12 the personnel in that category. 

13 ‘‘(2) POWERS.—Subject to subsection (h) and 

14 to the extent specifically authorized by the Sec15 retary, while engaged in the performance of official 

16 duties pursuant to this section, an officer or agent 

17 designated under this subsection may— 

18 ‘‘(A) enforce Federal laws and regulations 

19 for the protection of persons and property; 

20 ‘‘(B) carry firearms; 

21 ‘‘(C) make arrests— 

22 ‘‘(i) without a warrant for any offense 

23 against the United States committed in the 

24 presence of the officer or agent; or 

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1 ‘‘(ii) for any felony cognizable under 

2 the laws of the United States if the officer 

3 or agent has reasonable grounds to believe 

4 that the person to be arrested has com5 mitted or is committing a felony; 

6 ‘‘(D) serve warrants and subpoenas issued 

7 under the authority of the United States; and 

8 ‘‘(E) conduct investigations, on and off the 

9 property in question, of offenses that may have 

10 been committed against property under the ju11 risdiction, custody, or control of the Depart12 ment of Defense or persons on such property. 

13 ‘‘(c) REGULATIONS.— 

14 ‘‘(1) IN GENERAL.—The Secretary may pre15 scribe regulations, including traffic regulations, nec16 essary for the protection and administration of prop17 erty under the jurisdiction, custody, or control of the 

18 Department of Defense and persons on that prop19 erty. The regulations may include reasonable pen20 alties, within the limits prescribed in paragraph (2), 

21 for violations of the regulations. The regulations 

22 shall be posted and remain posted in a conspicuous 

23 place on the property to which they apply. 

24 ‘‘(2) PENALTIES.—A person violating a regula25 tion prescribed under this subsection shall be fined 

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1 under title 18, imprisoned for not more than 30 

2 days, or both. 

3 ‘‘(d) LIMITATION ON DELEGATION OF AUTHORITY.— 

4 The authority of the Secretary of Defense under sub5 sections (b) and (c) may be exercised only by the Secretary 

6 or Deputy Secretary of Defense. 

7 ‘‘(e) DISPOSITION OF PERSONS ARRESTED.—A per8 son who is arrested pursuant to authority exercised under 

9 subsection (b) may not be held in a military confinement 

10 facility, other than in the case of a person who is subject 

11 to chapter 47 of this title (the Uniform Code of Military 

12 Justice). 

13 ‘‘(f) FACILITIES AND SERVICES OF OTHER AGEN14 CIES.—In implementing this section, when the Secretary 

15 determines it to be economical and in the public interest, 

16 the Secretary may utilize the facilities and services of Fed17 eral, State, tribal, and local law enforcement agencies, 

18 with the consent of those agencies, and may reimburse 

19 those agencies for the use of their facilities and services. 

20 ‘‘(g) AUTHORITY OUTSIDE FEDERAL PROPERTY.— 

21 For the protection of property under the jurisdiction, cus22 tody, or control of the Department of Defense and persons 

23 on that property, the Secretary may enter into agreements 

24 with Federal agencies and with State, tribal, and local 

25 governments to obtain authority for civilian officers and 

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1 agents designated under this section to enforce Federal 

2 laws and State, tribal, and local laws concurrently with 

3 other Federal law enforcement officers and with State, 

4 tribal, and local law enforcement officers. 

5 ‘‘(h) ATTORNEY GENERAL APPROVAL.—The powers 

6 granted pursuant to subsection (b)(2) to officers and 

7 agents designated under subsection (b)(1) shall be exer8 cised in accordance with guidelines approved by the Attor9 ney General. 

10 ‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.— 

11 Nothing in this section shall be construed— 

12 ‘‘(1) to preclude or limit the authority of any 

13 Federal law enforcement agency; 

14 ‘‘(2) to restrict the authority of the Secretary of 

15 Homeland Security or of the Administrator of Gen16 eral Services to promulgate regulations affecting 

17 property under the custody and control of that Sec18 retary or the Administrator, respectively; 

19 ‘‘(3) to expand or limit section 21 of the Inter20 nal Security Act of 1950 (50 U.S.C. 797); 

21 ‘‘(4) to affect chapter 47 of this title; or 

22 ‘‘(5) to restrict any other authority of the Sec23 retary of Defense or the Secretary of a military de24 partment.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by inserting 

3 after the item relating to section 2671 the following new 

4 item: 

‘‘2672. Protection of property.’’. 

5 SEC. 1032. CLARIFICATION OF PROCEDURES FOR USE OF 

6 ALTERNATE MEMBERS ON MILITARY COM7 MISSIONS. 

8 (a) PRIMARY AND ALTERNATE MEMBERS.— 

9 (1) NUMBER OF MEMBERS.—Subsection (a) of 

10 section 948m of title 10, United States Code, is 

11 amended— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘at least five members’’ 

14 and inserting ‘‘at least five primary mem15 bers and as many alternate members as 

16 the convening authority shall detail’’; and 

17 (ii) by adding at the end the following 

18 new sentence: ‘‘Alternate members shall be 

19 designated in the order in which they will 

20 replace an excused primary member.’’; and 

21 (B) in paragraph (2), by inserting ‘‘pri22 mary’’ after ‘‘the number of’’. 

23 (2) GENERAL RULES.—Such section is further 

24 amended— 

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1 (A) by redesignating subsection (b) and (c) 

2 as subsections (d) and (e), respectively; and 

3 (B) by inserting after subsection (a) the 

4 following new subsections (b) and (c): 

5 ‘‘(b) PRIMARY MEMBERS.—Primary members of a 

6 military commission under this chapter are voting mem7 bers. 

8 ‘‘(c) ALTERNATE MEMBERS.—(1) A military commis9 sion may include alternate members to replace primary 

10 members who are excused from service on the commission. 

11 ‘‘(2) Whenever a primary member is excused from 

12 service on the commission, an alternate member, if avail13 able, shall replace the excused primary member and the 

14 trial may proceed.’’. 

15 (3) EXCUSE OF MEMBERS.—Subsection (d) of 

16 such section, as redesignated by paragraph (2)(A), is 

17 amended— 

18 (A) in the matter before paragraph (1), by 

19 inserting ‘‘primary or alternate’’ before ‘‘mem20 ber’’; 

21 (B) by striking ‘‘or’’ at the end of para22 graph (2); 

23 (C) by striking the period at the end of 

24 paragraph (3) and inserting ‘‘; or’’; and 

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1 (D) by adding at the end the following new 

2 paragraph: 

3 ‘‘(4) in the case of an alternate member, in 

4 order to reduce the number of alternate members re5 quired for service on the commission, as determined 

6 by the convening authority.’’. 

7 (4) ABSENT AND ADDITIONAL MEMBERS.—Sub8 section (e) of such section, as redesignated by para9 graph (2)(A), is amended— 

10 (A) in the first sentence— 

11 (i) by inserting ‘‘the number of pri12 mary members of’’ after ‘‘Whenever’’; 

13 (ii) by inserting ‘‘primary’’ before 

14 ‘‘members required by’’; and 

15 (iii) by inserting ‘‘and there are no re16 maining alternate members to replace the 

17 excused primary members’’ after ‘‘sub18 section (a)’’; and 

19 (B) by adding at the end the following new 

20 sentence: ‘‘An alternate member who was 

21 present for the introduction of all evidence shall 

22 not be considered to be a new or additional 

23 member.’’. 

24 (b) CHALLENGES.—Section 949f of such title is 

25 amended— 

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1 (1) in subsection (a), by inserting ‘‘primary or 

2 alternate’’ before ‘‘member’’; and 

3 (2) by adding at the end of subsection (b) the 

4 following new sentence: ‘‘Nothing in this section pro5 hibits the military judge from awarding to each 

6 party such additional peremptory challenges as may 

7 be required in the interests of justice.’’. 

8 (c) NUMBER OF VOTES REQUIRED.—Section 949m 

9 of such title is amended— 

10 (1) by inserting ‘‘primary’’ before ‘‘members’’ 

11 each place it appears; and 

12 (2) by adding at the end of subsection (b) the 

13 following new paragraph: 

14 ‘‘(4) The primary members present for a vote on a 

15 sentence need not be the same primary members who 

16 voted on the conviction if the requirements of section 

17 948m(d) of this title are met.’’. 

18 SEC. 1033. REPEAL AND MODIFICATION OF REPORTING RE19 QUIREMENTS. 

20 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

21 United States Code, is amended as follows: 

22 (1) Section 113 is amended by striking sub23 section (m). 

24 (2) Section 117 is amended by striking sub25 section (e). 

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1 (3) Section 127 is amended by striking sub2 section (d). 

3 (4) Section 129 is amended by striking sub4 section (f). 

5 (5) Section 153 is amended by striking sub6 section (c). 

7 (6)(A) Section 229 is repealed. 

8 (B) The table of sections at the beginning of 

9 chapter 9 is amended by striking the item relating 

10 to section 229. 

11 (7)(A) Section 483 is repealed. 

12 (B) The table of sections at the beginning of 

13 chapter 23 is amended by striking the item relating 

14 to section 483. 

15 (8)(A) Section 489 is repealed. 

16 (B) The table of sections at the beginning of 

17 chapter 23 is amended by striking the item relating 

18 to section 489. 

19 (9) Section 1130 by striking subsection (b). 

20 (10) Section 1557 is amended by striking sub21 section (e). 

22 (11)(A) Section 1563 is repealed. 

23 (B) The table of sections at the beginning of 

24 chapter 80 is amended by striking the item relating 

25 to section 1563. 

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1 (12) Section 1781b is amended by striking sub2 section (d). 

3 (13) Section 2216 is amended by striking sub4 section (i). 

5 (14) Section 2244a(c) is amended by striking 

6 the second sentence. 

7 (15) Section 2350b is amended by striking sub8 section (d). 

9 (16) Section 2350j is amended by striking sub10 section (e). 

11 (17) Section 2350m is amended by striking 

12 subsection (e). 

13 (18)(A) Section 2352 is repealed. 

14 (B) The table of sections at the beginning of 

15 chapter 139 is amended by striking the item relating 

16 to section 2352. 

17 (19) Section 2410i(c) is amended by striking 

18 the last sentence. 

19 (20)(A) Section 2475 is repealed. 

20 (B) The table of sections at the beginning of 

21 chapter 146 is amended by striking the item relating 

22 to section 2475. 

23 (21)(A) Section 2504 is repealed. 

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1 (B) The table of sections at the beginning of 

2 subchapter II of chapter 148 is amended by striking 

3 the item relating to section 2504. 

4 (22)(A) Section 2536(b) is amended by striking 

5 paragraph (2). 

6 (B) Such section is further amended— 

7 (i) by striking ‘‘(1)’’ after ‘‘AUTHORITY.— 

8 ’’; 

9 (ii) by redesignating subparagraphs (A) 

10 and (B) as paragraphs (1) and (2), respectively; 

11 and 

12 (iii) by redesignating clauses (i) and (ii) as 

13 subparagraphs (A) and (B), respectively. 

14 (23) Section 2804(b) is amended by striking 

15 the last sentence. 

16 (24) Section 2827 is amended— 

17 (A) by striking ‘‘(a) Subject to subsection 

18 (b), the Secretary’’ and inserting ‘‘The Sec19 retary’’; and 

20 (B) by striking subsection (b). 

21 (25) Section 2828 is amended by striking sub22 section (f). 

23 (26) Section 2835 is amended— 

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1 (A) in subsection (a), by striking ‘‘Subject 

2 to subsection (b), the Secretary’’ and inserting 

3 ‘‘The Secretary’’; 

4 (B) by striking subsection (b); and 

5 (C) by striking subsection (g). 

6 (27) Section 2837 is amended— 

7 (A) in subsection (c)— 

8 (i) by striking ‘‘(1)’’ after ‘‘OPPORTU9 NITIES’’; and 

10 (ii) by striking paragraph (2); and 

11 (B) by striking subsection (f). 

12 (28) Section 2854a is amended by striking sub13 section (c). 

14 (29) Section 2861 is amended by striking sub15 sections (c) and (d). 

16 (30) Section 2866(c) is amended— 

17 (A) by striking ‘‘(1)’’ before ‘‘The Sec18 retary’’; and 

19 (B) by striking paragraph (2). 

20 (31) Section 2875 is amended by striking sub21 section (e). 

22 (32)(A) Section 2884 is amended— 

23 (i) by striking subsection (b); and 

24 (ii) in subsection (a)— 

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1 (I) by striking ‘‘PROJECT REPORTS.— 

2 (1)’’ and inserting ‘‘REPORTS.—’’; 

3 (II) by redesignating subparagraphs 

4 (A) and (B) as paragraphs (1) and (2), re5 spectively; and 

6 (III) by striking ‘‘(2) For each’’ and 

7 inserting ‘‘(b) CONTENT OF REPORTS.— 

8 (1) For each’’. 

9 (B) Such section is further amended— 

10 (i) by redesignating paragraphs (3) and 

11 (4) of subsection (b) of such section (as des12 ignated by subparagraph (A)(ii)(III)) as para13 graphs (2) and (3), respectively; and 

14 (ii) in paragraph (2) of subsection (b), as 

15 so redesignated, by striking ‘‘contract described 

16 in paragraph (1)’’ and inserting ‘‘contract de17 scribed in subsection (a)’’. 

18 (C)(i) The heading of such section is amended 

19 to read as follows: 

20 ‘‘§ 2884. Project reports’’. 

21 (ii) The item relating to that section in the 

22 table of sections at the beginning of subchapter IV 

23 of chapter 169 is amended to read as follows: 

‘‘2884. Project reports.’’. 

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1 (33) Section 2885(a)(3) is amended by striking 

2 ‘‘If a project’’ and inserting ‘‘In the case of a project 

3 for new construction, if the project’’. 

4 (34) Section 2916 is amended by striking sub5 section (c). 

6 (b) ANNUAL NATIONAL DEFENSE AUTHORIZATION

7 ACTS.— 

8 (1) FISCAL YEAR 2011.—Section 892 of The Ike 

9 Skelton National Defense Authorization Act for Fis10 cal Year 2011 (Public Law 111–383; 10 U.S.C. 

11 2306a note) is amended by striking subsection (b). 

12 (2) FISCAL YEAR 2009.—The Duncan Hunter 

13 National Defense Authorization Act for Fiscal Year 

14 2009 (Public Law 110–417) is amended as follows: 

15 (A) Section 354 (10 U.S.C. 221 note) is 

16 repealed. 

17 (B) Section 903(b)(5) (10 U.S.C. 2228 

18 note) is amended to read as follows: 

19 ‘‘(5) Not later than December 31 each year, the cor20 rosion control and prevention executive of a military de21 partment shall submit to the Secretary of Defense a report 

22 containing recommendations pertaining to the corrosion 

23 control and prevention program of the military depart24 ment. The report each year shall include recommendations 

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1 for the funding levels necessary for the executive to carry 

2 out the duties of the executive under this section.’’. 

3 (C) Section 1047(d) (10 U.S.C. 2366b 

4 note) is amended— 

5 (i) by striking ‘‘REQUIREMENTS.—’’ 

6 and all that follows through ‘‘The Sec7 retary’’ and inserting ‘‘REQUIREMENTS.— 

8 The Secretary’’; 

9 (ii) by striking paragraph (2); and 

10 (iii) by redesignating subparagraphs 

11 (A) and (B) as paragraphs (1) and (2), re12 spectively. 

13 (3) FISCAL YEAR 2008.—The National Defense 

14 Authorization Act for Fiscal Year 2008 (Public Law 

15 110–181) is amended as follows: 

16 (A) Section 911 (10 U.S.C. 2271 note) is 

17 amended by striking paragraph (2) of sub18 section (f). 

19 (B) Section 1074(b)(6) (10 U.S.C. 113 

20 note) is amended— 

21 (i) in subparagraph (A), by striking 

22 ‘‘The Secretary’’ and inserting ‘‘Except as 

23 provided in subparagraph (D), the Sec24 retary’’; and 

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1 (ii) by adding at the end the following 

2 new subparagraph: 

3 ‘‘(D) EXCEPTIONS.—Subparagraph (A) 

4 does not apply in the case of— 

5 ‘‘(i) an individual described in para6 graph (2)(C) who is otherwise sponsored 

7 by the Secretary of Defense, the Deputy 

8 Secretary of Defense, the Chairman of the 

9 Joint Chiefs of Staff, or the Vice Chair10 man of the Joint Chiefs of Staff; or 

11 ‘‘(ii) an individual described in para12 graph (2)(E).’’. 

13 (C) Section 2864 (10 U.S.C. 2911 note) is 

14 repealed. 

15 (4) FISCAL YEAR 2007.—The John Warner Na16 tional Defense Authorization Act for Fiscal Year 

17 2007 (Public Law 109–364) is amended as follows: 

18 (A) Section 226 (120 Stat. 2131) is re19 pealed. 

20 (B) Section 323 (10 U.S.C. 229 note) is 

21 amended by striking subsection (c). 

22 (5) FISCAL YEAR 2003.—Section 817 of the Bob 

23 Stump National Defense Authorization Act for Fis24 cal Year 2003 (Public Law 107–314; 10 U.S.C. 

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1 2306a note) is amended by striking subsections (d) 

2 and (e)(2). 

3 (6) FISCAL YEAR 2000.—Section 1409 of the 

4 National Defense Authorization Act for Fiscal Year 

5 2000 (Public Law 106–65; 22 U.S.C. 2778 note) is 

6 amended by striking subsection (b). 

7 (7) FISCAL YEAR 1999.—Section 1101 of the 

8 Strom Thurmond National Defense Authorization 

9 Act for Fiscal Year 1999 (Public Law 105–261; 5 

10 U.S.C. 3104 note) is amended by striking subsection 

11 (g). 

12 (8) FISCAL YEAR 1991.—Section 4004(d) of the 

13 National Defense Authorization Act for Fiscal Year 

14 1991 10 U.S.C. 2391) is amended— 

15 (A) by inserting ‘‘and’’ at the end of para16 graph (1); 

17 (B) by striking ‘‘; and’’ at the end of para18 graph (2) and inserting a period; and 

19 (C) by striking paragraph (3). 

20 (c) DEFENSE ACQUISITION IMPROVEMENT ACT OF

21 1986.—Section 908 of the Defense Acquisition Improve22 ment Act of 1986 (as contained in section 101(c) of Public 

23 Law 99–500 and identically enacted in section 101(c) of 

24 Public Law 99–591 and title IX of Public Law 99–661) 

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1 (10 U.S.C. 2326 note) is amended by striking subsection 

2 (b). 

3 (d) FOREIGN ASSISTANCE ACT OF 1961.—The For4 eign Assistance Act of 1961 is amended as follows: 

5 (1) Section 516(f)(1) (22 U.S.C. 2321j(f)(1)) is 

6 amended by striking ‘‘excess defense articles that 

7 are significant military equipment (as defined in sec8 tion 47(9) of the Arms Export Control Act) or’’. 

9 (2) Section 656 (22 U.S.C. 2416) is repealed. 

10 (e) ARMS EXPORT CONTROL ACT.—Section 36(a) of 

11 the Arms Export Control Act (22 U.S.C. 2776(a)) is 

12 amended— 

13 (1) by striking ‘‘end of each quarter’’ in the 

14 matter preceding paragraph (1) and inserting ‘‘end 

15 of each fiscal year’’; 

16 (2) by striking ‘‘during the fiscal year in 

17 which’’ in paragraphs (2) and (3) and inserting 

18 ‘‘during the fiscal year for which’’; 

19 (3) by striking ‘‘in the quarter of the fiscal year 

20 immediately following the quarter’’ in paragraph (5) 

21 and inserting ‘‘in the fiscal year’’; 

22 (4) by striking paragraph (6); and 

23 (5) by striking ‘‘quarter’’ each place it appears 

24 in paragraphs (8), (9), and (10) and inserting ‘‘fis25 cal year’’. 

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1 (f) SECURITY REPORTS.— 

2 (1) Section 3151 of the Department of Energy 

3 Facilities Safeguards, Security, and Counterintel4 ligence Enhancement Act of 1999 (subtitle D of title 

5 XXXI of Public Law 106–65; 42 U.S.C. 7383e) is 

6 repealed. 

7 (2) Section 4507 of the Atomic Energy Defense 

8 Act (50 U.S.C. 2658) is repealed. 

9 (3) Section 4508 of the Atomic Energy Defense 

10 Act (50 U.S.C. 2659) is repealed. 

11 (g) INTELLIGENCE REFORM AND TERRORISM PRE12 VENTION ACT OF 2004.—Section 3002(c) of the Intel13 ligence Reform and Terrorism Prevention Act of 2004 (50 

14 U.S.C. 435c(c)) is amended by striking paragraph (4). 

15 (h) UNIFORMED AND OVERSEAS CITIZENS ABSEN16 TEE VOTING ACT.—Section 105A(b) of the Uniformed 

17 and Overseas Citizens Absentee Voting Act (42 U.S.C. 

18 1973ff–4a(b)) is amended— 

19 (1) in the subsection heading, by striking ‘‘AN20 NUAL REPORT’’ and inserting ‘‘BIENNIAL REPORT’’; 

21 (2) in the matter preceding paragraph (1)— 

22 (A) by striking ‘‘March 31 of each year’’ 

23 and inserting ‘‘September 30 of each odd-num24 bered year’’; and 

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1 (B) by striking ‘‘the following information’’ 

2 and inserting ‘‘the following information with 

3 respect to the Federal election held during the 

4 preceding calendar year’’; and 

5 (3) in paragraph (3), by striking ‘‘In the case 

6 of’’ and all that follows through ‘‘a description’’ and 

7 inserting ‘‘A description’’. 

8 (i) DEPARTMENT OF DEFENSE APPROPRIATIONS

9 ACT, 2002.—Section 8159(c) of the Department of De10 fense Appropriations Act, 2002 (division A of Public Law 

11 107–117; 115 Stat. 2284), is amended by striking para12 graph (7). 

13 SEC. 1034. MT. SOLEDAD VETERANS MEMORIAL TRANSFER. 

14 (a) AUTHORITY TO CONVEY MT. SOLEDAD VET15 ERANS MEMORIAL, SAN DIEGO, CALIFORNIA.—Subject to 

16 subsection (b), the Secretary of Defense may convey all 

17 right, title, and interest of the United States in and to 

18 the Mt. Soledad Veterans Memorial (in this section re19 ferred to as the ‘‘Memorial’’) to an eligible entity as pro20 vided in this section. 

21 (b) LIMITATIONS.— 

22 (1) PRICE.—The Secretary shall select by pub23 lic bid the eligible entity to which the Memorial is 

24 to be conveyed under subsection (a). The Secretary 

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1 rial in accordance with the public bid process with2 out regard to its fair market value. 

3 (2) CONDITIONS ON CONVEYANCE.—The con4 veyance of the Memorial under subsection (a) shall 

5 be subject to the following conditions: 

6 (A) That the eligible entity to which the 

7 Memorial is conveyed accepts the Memorial in 

8 its condition at the time of the conveyance, 

9 commonly known as conveyance ‘‘as is’’, and 

10 agrees to indemnify and hold the United States 

11 harmless from any liability resulting from the 

12 period of ownership of the Memorial by the 

13 United States. 

14 (B) That the Memorial shall be maintained 

15 and used as a veterans memorial in perpetuity. 

16 (C) That if the Memorial is ever put to a 

17 use other than as a veterans memorial, the 

18 United States shall have the right, at its elec19 tion, to take back all right, title, and interest in 

20 and to the Memorial without any right of com21 pensation to the owner or any other person. 

22 (3) LAND EXCHANGE.—Notwithstanding para23 graph (1), if no eligible entity makes an acceptable 

24 bid for the Memorial or the Secretary determines, in 

25 the Secretary’s sole discretion, that a land exchange 

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1 would be more beneficial to the United States, the 

2 Secretary may convey the Memorial to an eligible en3 tity in exchange for real property of at least equal 

4 value if the real property offered in exchange is lo5 cated adjacent to other real property of the United 

6 States and the Federal agency exercising adminis7 trative jurisdiction over that other real property 

8 agrees to accept administrative jurisdiction over the 

9 real property offered in exchange. 

10 (c) TREATMENT OF AMOUNTS RECEIVED.— 

11 (1) REIMBURSEMENT OF COSTS OF CONVEY12 ANCE.—The Secretary shall use any funds received 

13 from the conveyance under subsection (a) to reim14 burse the Secretary for costs incurred by the Sec15 retary to carry out the conveyance, including survey 

16 costs, costs for environmental documentation, and 

17 any other administrative costs related to the convey18 ance. Amounts to reimburse those costs from funds 

19 so received shall be credited to the fund or account 

20 that was used to cover those costs. Amounts so cred21 ited shall be merged with amounts in such fund or 

22 account and shall be available for the same pur23 poses, and subject to the same conditions and limita24 tions, as amounts in such fund or account. 

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1 (2) DEPOSIT OF BALANCE.—The remainder of 

2 such funds, if any, shall be deposited into the ac3 count used to pay for the acquisition of the Memo4 rial by the United States. 

5 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

6 and legal description of the property to be conveyed under 

7 subsection (a), and, in the case of a land exchange under 

8 subsection (b)(3), the real property offered in exchange, 

9 shall be determined by a survey satisfactory to the Sec10 retary. 

11 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

12 Secretary may require such additional terms and condi13 tions in connection with the conveyance under subsection 

14 (a) as the Secretary considers appropriate to protect the 

15 interests of the United States. 

16 (f) EXCLUSIONS.— 

17 (1) HISTORIC PRESERVATION.—Sections 106 

18 and 110 of the National Historic Preservation Act 

19 (16 U.S.C. 470f, 470h–2) shall not apply to a con20 veyance under subsection (a). 

21 (2) PRIOR MT. SOLEDAD LEGISLATION.—Sec22 tion 2(c) of the Act of August 14, 2006, entitled 

23 ‘‘An Act to preserve the Mt. Soledad Veterans Me24 morial in San Diego, California, by providing for the 

25 immediate acquisition of the memorial by the United 

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1 States’’ (Public Law 109–272; 120 Stat. 770) and 

2 section 116(a) of division J of the Consolidated Ap3 propriations Act, 2005 (Public Law 108–447; 118 

4 Stat. 3346; 16 U.S.C. 431 note) shall not apply to 

5 a conveyance under subsection (a). 

6 (g) DEFINITIONS.—In this section: 

7 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ means a non-governmental entity that has a his9 tory of involvement in veterans affairs and has dem10 onstrated to the Secretary, in the Secretary’s sole 

11 discretion, that the entity has the capability to oper12 ate and maintain the Memorial in accordance with 

13 this section. 

14 (2) MT. SOLEDAD VETERANS MEMORIAL.—The 

15 term ‘‘Mt. Soledad Veterans Memorial’’ means the 

16 memorial in San Diego, California, acquired by the 

17 United States pursuant to Public Law 109–272. 

18 SEC. 1035. REPEAL OF CERTAIN NATIONAL DEFENSE AU19 THORIZATION ACT REPORTING REQUIRE20 MENTS. 

21 (a) ANNUAL UPDATE ON SYSTEM MANAGEMENT

22 PLAN AND MATRIX FOR THE F–35 JOINT STRIKE FIGHT23 ER AIRCRAFT PROGRAM.—Section 122 of the Ike Skelton 

24 National Defense Authorization Act for Fiscal Year 2011 

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1 (Public Law 111–383) is amended by striking subsection 

2 (b). 

3 (b) CONGRESSIONAL NOTIFICATION OF CANCELLA4 TION OF MAJOR AUTOMATED INFORMATION SYSTEM.— 

5 Section 806 of the National Defense Authorization Act for 

6 Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 2302 

7 note) is repealed. 

8 TITLE XI—CIVILIAN PERSONNEL 

9 MATTERS 

10 SEC. 1101. EXPANSION OF PROTECTION OF EMPLOYEES OF 

11 NONAPPROPRIATED FUND INSTRUMENTAL12 ITIES FROM REPRISALS. 

13 Section 1587(b) of title 10, United States Code, is 

14 amended by inserting ‘‘, threaten to take,’’ after ‘‘take’’ 

15 the third place it appears. 

16 SEC. 1102. EXTENSION OF VOLUNTARY REDUCTION-IN17 FORCE AUTHORITY FOR CIVILIAN EMPLOY18 EES OF DEPARTMENT OF DEFENSE. 

19 Section 3502(f)(5) of title 5, United States Code, is 

20 amended by striking ‘‘September 30, 2014’’ and inserting 

21 ‘‘September 30, 2018’’. 

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1 SEC. 1103. FLEXIBILITY IN EMPLOYMENT AND COMPENSA2 TION OF CIVILIAN FACULTY AT DEFENSE IN3 STITUTE FOR SECURITY ASSISTANCE MAN4 AGEMENT AND AT JOINT SPECIAL OPER5 ATIONS UNIVERSITY. 

6 Section 1595(c) of title 10, United States Code, is 

7 amended by adding at the end the following new para8 graphs: 

9 ‘‘(5) The Defense Institute for Security Assist10 ance Management. 

11 ‘‘(6) The Joint Special Operations University.’’. 

12 SEC. 1104. EXTENSION OF AUTHORITY TO MAKE LUMP SUM 

13 SEVERANCE PAYMENTS TO DEPARTMENT OF 

14 DEFENSE EMPLOYEES. 

15 Section 5595(i)(4) of title 5, United States Code, is 

16 amended by striking ‘‘October 1, 2014’’ and inserting 

17 ‘‘October 1, 2018’’. 

18 SEC. 1105. MODERNIZATION OF TITLES OF NON19 APPROPRIATED FUND INSTRUMENTALITIES 

20 FOR PURPOSES OF CIVIL SERVICE LAWS. 

21 Section 2105(c) of title 5, United States Code, is 

22 amended by striking ‘‘Army and Air Force Motion Picture 

23 Service, Navy Ship’s Stores Ashore’’ in the matter pre24 ceding paragraph (1) and inserting ‘‘Navy Ships Stores 

25 Program’’. 

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1 SEC. 1106. EXTENSION OF ENHANCED APPOINTMENT AND 

2 COMPENSATION AUTHORITY FOR CIVILIAN 

3 PERSONNEL FOR CARE AND TREATMENT OF 

4 WOUNDED AND INJURED MEMBERS OF THE 

5 ARMED FORCES. 

6 (a) EXTENSION.—Subsection (c) of section 1599c of 

7 title 10, United States Code, is amended by striking ‘‘De8 cember 31, 2015’’ both places it appears and inserting 

9 ‘‘December 31, 2020’’. 

10 (b) REPEAL OF FULFILLED REQUIREMENT.—Such 

11 section is further amended— 

12 (1) by striking subsection (b); and 

13 (2) by redesignating subsection (c), as amended 

14 by subsection (a), as subsection (b). 

15 (c) REPEAL OF REFERENCES TO CERTAIN TITLE 5 

16 AUTHORITIES.—Subsection (a)(2)(A) of such section is 

17 amended by striking ‘‘sections 3304, 5333, and 5753 of 

18 title 5’’ and inserting ‘‘section 3304 of title 5’’. 

19 SEC. 1107. AUTHORITY TO WAIVE ANNUAL LIMITATIONS ON 

20 PREMIUM AND AGGREGATE PAY FOR CER21 TAIN FEDERAL CIVILIAN EMPLOYEES WORK22 ING OVERSEAS. 

23 (a) WAIVER OF LIMITATION ON PREMIUM PAY.— 

24 Section 5547 of title 5, United States Code, is amended 

25 by adding at the end the following new subsection: 

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1 ‘‘(e)(1) Subsection (a) shall not apply to an employee 

2 who performs work while assigned to duty in a designated 

3 zone of armed conflict. 

4 ‘‘(2) Notwithstanding paragraph (1), no employee re5 ferred to in such paragraph may be paid premium pay 

6 under the provisions of law cited in subsection (a) to the 

7 extent that the aggregate of the basic pay and premium 

8 pay under those provisions for such employee would, in 

9 any calendar year, exceed the annual rate of salary pay10 able to the Vice President under section 104 of title 3. 

11 ‘‘(3) Notwithstanding paragraph (1), the Office of 

12 Personnel Management may prescribe a minimum period 

13 during which an employee is assigned to duty in a des14 ignated zone of armed conflict in order to be covered by 

15 such paragraph. 

16 ‘‘(4) To the extent that a waiver under paragraph 

17 (1) results in payment of additional premium pay of a type 

18 that is normally creditable as basic pay for retirement or 

19 any other purpose, such additional pay shall not be consid20 ered to be basic pay for any purpose, nor shall it be used 

21 in computing a lump-sum payment for accumulated and 

22 accrued annual leave under section 5551. 

23 ‘‘(5) The Office of Personnel Management may pre24 scribe regulations to ensure appropriate consistency 

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1 among heads of Executive agencies in the exercise of the 

2 authority granted by this subsection. 

3 ‘‘(6) For the purpose of this subsection— 

4 ‘‘(A) ‘assigned to duty in’ refers to an employee 

5 who is officially assigned to work or duty (including 

6 serving on temporary duty) in a designated zone of 

7 armed conflict, which may include short periods 

8 away from the zone to perform work in connection 

9 with the assignment, subject to any limitations or 

10 requirements established by regulation or official 

11 policy; and 

12 ‘‘(B) ‘designated zone of armed conflict’ means 

13 a foreign country or other foreign geographic area 

14 outside of the United States (as that term is defined 

15 in section 202(7) of the State Department Basic Au16 thorities Act of 1956 (22 U.S.C. 4302(7)) that is 

17 designated by the Secretary of State, in coordination 

18 with the Secretary of Defense, as an area where 

19 there are exceptional levels of armed violence. In 

20 making such a designation, the Secretary of State 

21 may consider— 

22 ‘‘(i) whether the Armed Forces of the 

23 United States are involved in hostilities in the 

24 country or area; 

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1 ‘‘(ii) whether the incidence of civil insur2 rection, civil war, terrorism, or wartime condi3 tions threatens physical harm or imminent dan4 ger to the health or well-being of United States 

5 civilian employees in the country or area; 

6 ‘‘(iii) whether the country or area has been 

7 designated a combat zone by the President 

8 under section 112(c) of the Internal Revenue 

9 Code of 1986; 

10 ‘‘(iv) whether a contingency operation in11 volving combat operations directly affects civil12 ian employees in the country or area; or 

13 ‘‘(v) any other relevant conditions and fac14 tors. 

15 ‘‘(7) The authority under this subsection expires at 

16 the close of December 31, 2015.’’. 

17 (b) WAIVER OF LIMITATION ON AGGREGATE PAY.— 

18 Section 5307 of such title is amended— 

19 (1) in subsection (a)(1), by striking ‘‘or as oth20 erwise provided under subsection (d)’’ and inserting 

21 ‘‘or as otherwise provided by this section’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(e)(1) The preceding subsections of this section shall 

25 not apply to payments in addition to basic pay earned by 

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1 an employee during a calendar year for performing work 

2 while assigned to duty in a designated zone of armed con3 flict (as such terms are defined in section 5547(e)(6)(A) 

4 and (B)). 

5 ‘‘(2) For the purpose of this subsection, the term 

6 ‘basic pay’ includes any applicable locality-based com7 parability payment under section 5304, any applicable 

8 special rate supplement under section 5305, and any simi9 lar payment under any other provision of law. 

10 ‘‘(3) Notwithstanding paragraph (1), the Office of 

11 Personnel Management may prescribe a minimum period 

12 during which an employee is assigned to duty in a des13 ignated zone of armed conflict in order to be covered by 

14 such paragraph. 

15 ‘‘(4) The Office of Personnel Management may pre16 scribe regulations to implement this subsection. 

17 ‘‘(5) The authority in paragraph (1) shall not apply 

18 to calendar years after 2015.’’. 

19 (c) DEPARTMENT OF DEFENSE HIGHLY QUALIFIED

20 EXPERTS.—Section 9903(d) of such title is amended— 

21 (1) in subparagraph (1) by striking ‘‘12-month 

22 period’’ and inserting ‘‘calendar year’’; and 

23 (2) in subparagraph (2)(B) by striking ‘‘in sup24 port of a contingency operation (as defined by sec25 tion 101(a)(13) of title 10’’ and inserting ‘‘to duty 

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1 in a designated zone of armed conflict (as such 

2 terms are defined in section 5547(e)(5)(A) and 

3 (B)’’. 

4 (d) EFFECTIVE DATE.—(1) The amendments made 

5 by subsection (a) shall apply to premium payments pay6 able on or after January 1, 2014. 

7 (2) The amendments made by subsections (b) and (c) 

8 shall take effect on January 1, 2014. 

9 SEC. 1108. AUTHORITY TO EMPLOY CIVILIAN FACULTY 

10 MEMBERS AT INTER-AMERICAN DEFENSE 

11 COLLEGE. 

12 Section 1595(c) of title 10, United States Code, is 

13 amended by adding at the end the following new para14 graph: 

15 ‘‘(5) The Inter-American Defense College.’’. 

16 TITLE XII—MATTERS RELATING 

17 TO FOREIGN NATIONS 

18 SEC. 1201. AUTHORITY TO CONDUCT ACTIVITIES TO EN19 HANCE THE CAPABILITY OF FOREIGN COUN20 TRIES TO RESPOND TO INCIDENTS INVOLV21 ING WEAPONS OF MASS DESTRUCTION. 

22 (a) AUTHORITY.—The Secretary of Defense, with the 

23 concurrence of the Secretary of State, and in consultation 

24 with the Department of Justice and Department of Home25 land Security, may provide assistance to the military and 

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1 civilian first responders of a foreign country in order for 

2 that country to respond effectively to incidents involving 

3 weapons of mass destruction. 

4 (b) AUTHORIZED ELEMENTS.—Assistance provided 

5 under this section may include training, equipment, and 

6 supplies. 

7 (c) AVAILABILITY OF FUNDS FOR ACTIVITIES

8 ACROSS FISCAL YEARS.—Amounts available for any fiscal 

9 year for the provision of assistance under the authority 

10 in subsection (a) may be used for an activity to provide 

11 such assistance that begins in that fiscal year but ends 

12 in the next fiscal year. 

13 (d) INTERAGENCY COORDINATION.—In carrying out 

14 this section, the Secretary of Defense shall comply with 

15 any otherwise-applicable requirement for coordination or 

16 consultation within the executive branch. 

17 SEC. 1202. AUTHORITY TO PROVIDE UNREIMBURSED DE18 FENSE SERVICES IN CONNECTION WITH THE 

19 TRANSFER OF EXCESS DEFENSE ARTICLES IN 

20 AFGHANISTAN. 

21 (a) AUTHORITY TO PROVIDE UNREIMBURSED DE22 FENSE SERVICES.—The Secretary of Defense may, with 

23 the concurrence of the Secretary of State, provide defense 

24 services without reimbursement from the government of 

25 the recipient country— 

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1 (1) in connection with the transfer of excess de2 fense articles under section 516 of the Foreign As3 sistance Act of 1961 (22 U.S.C. 2321j); and 

4 (2) in connection with the transfer under chap5 ter 7 of title 40, United States Code, of personal 

6 property that— 

7 (A) is foreign excess property for purposes 

8 of such chapter; and 

9 (B) is categorized under regulations of the 

10 Department of Defense as foreign excess per11 sonal property. 

12 (b) LIMITATIONS.— 

13 (1) VALUE.—The aggregate value of all defense 

14 services provided under subsection (a) in any fiscal 

15 year may not exceed $100,000,000. 

16 (2) SOURCE OF TRANSFERRED ARTICLES.—The 

17 authority under subsection (a) may only be used in 

18 connection with defense articles and personal prop19 erty present in Afghanistan as of the date of the en20 actment of this Act. 

21 (c) EXEMPTION.—The provision of defense services 

22 under subsection (a)(1) shall not be subject to the limita23 tions applicable to the transfer of excess defense articles 

24 under section 516 of the Foreign Assistance Act of 1961 

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1 (22 U.S.C. 2321j) contained in subsections (b)(1)(B) and 

2 (e) of such section. 

3 (d) EXPIRATION.—The authority provided in sub4 section (a) may not be exercised after December 31, 2014. 

5 (e) DEFINITION.—In this section, the term ‘‘defense 

6 services’’ has the meaning given that term in section 

7 644(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 

8 2403(f)). 

9 (f) CONSTRUCTION EQUIPMENT.—Notwithstanding 

10 section 644(g) of the Foreign Assistance Act of 1961 (22 

11 U.S.C. 2403(g)) and section 2562 of title 10, United 

12 States Code, construction equipment from the stocks of 

13 the Department of Defense located in Afghanistan as of 

14 the date of the enactment of this Act may be transferred 

15 as an excess defense article to the Government of Afghani16 stan under section 516 of the Foreign Assistance Act of 

17 1961 (22 U.S.C. 2321j). 

18 SEC. 1203. FIVE-YEAR EXTENSION OF AUTHORIZATION FOR 

19 NON-CONVENTIONAL ASSISTED RECOVERY 

20 CAPABILITIES. 

21 Subsection (h) of section 943 of the Duncan Hunter 

22 National Defense Authorization Act for Fiscal Year 2009 

23 (Public Law 110–417; 122 Stat. 4579), as amended by 

24 section 1205(g) of the National Defense Authorization Act 

25 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

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1 1624), is further amended by striking ‘‘2013’’ and insert2 ing ‘‘2018’’. 

3 SEC. 1204. INCREASE IN ANNUAL LIMITATION ON TRANS4 FER OF EXCESS DEFENSE ARTICLES. 

5 Section 516(g)(1) of the Foreign Assistance Act of 

6 1961 (22 U.S.C. 2321j(g)(1)) is amended by striking 

7 ‘‘$425,000,000’’ and inserting ‘‘$500,000,000’’. 

8 SEC. 1205. REVISION OF STATUTORY REFERENCES TO 

9 FORMER NATO SUPPORT ORGANIZATIONS 

10 AND RELATED NATO AGREEMENTS. 

11 (a) TITLE 10, UNITED STATES CODE.—Section 

12 2350d of title 10, United States Code, is amended— 

13 (1) by striking ‘‘NATO Maintenance and Sup14 ply Organization’’ each place it appears and insert15 ing ‘‘NATO Support Organization and its executive 

16 agencies’’; 

17 (2) by striking ‘‘Weapon System Partnership 

18 Agreement’’ each place it appears and inserting 

19 ‘‘Support Partnership Agreement’’; and 

20 (3) by striking ‘‘a specific weapon system’’ in 

21 subsection (a)(1)(B) and inserting ‘‘activities’’. 

22 (b) ARMS EXPORT CONTROL ACT.—Section 21(e)(3) 

23 of the Arms Export Control Act (22 U.S.C. 2761(e)(3)) 

24 is amended— 

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1 (1) by striking ‘‘Maintenance and Supply Agen2 cy of the North Atlantic Treaty Organization’’ in 

3 subparagraphs (A) and (C)(i) and inserting ‘‘North 

4 Atlantic Treaty Organization (NATO) Support Or5 ganization and its executive agencies’’; 

6 (2) by striking ‘‘weapon system partnership 

7 agreement’’ in subparagraph (A)(i) and inserting 

8 ‘‘support partnership agreement’’; and 

9 (3) by striking ‘‘a specific weapon system’’ in 

10 subparagraph (C)(i)(II) and inserting ‘‘activities’’. 

11 SEC. 1206. FIVE-YEAR EXTENSION OF THE IRAQI SPECIAL 

12 IMMIGRANT VISA PROGRAM. 

13 Section 1244(c)(3) of the Refugee Crisis in Iraq Act 

14 of 2007 (subtitle C of title XII of Public Law 110–181; 

15 8 U.S.C. 1157 note) is amended by adding at the end the 

16 following new subparagraph: 

17 ‘‘(C) ADDITIONAL FISCAL YEARS.—Not18 withstanding subparagraphs (A) and (B), and 

19 consistent with subsection (b), any unused bal20 ance of the total number of principal aliens who 

21 may be provided special immigrant status under 

22 this subsection in fiscal years 2008 through 

23 2012 may be carried forward and provided 

24 through the end of fiscal year 2018, except 

25 that— 

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1 ‘‘(i) the one-year period during which 

2 a principal alien must have been employed 

3 in accordance with subsection (b)(1) shall 

4 be entirely during the period from March 

5 20, 2003 through September 30, 2013; 

6 and 

7 ‘‘(ii) a principal alien seeking special 

8 immigrant status under this subparagraph 

9 shall apply to the Chief of Mission in ac10 cordance with subsection (b)(4) no later 

11 than September 30, 2017.’’. 

12 SEC. 1207. FIVE-YEAR EXTENSION OF THE AFGHAN SPECIAL 

13 IMMIGRANT VISA PROGRAM. 

14 Section 602(b)(3) of the Afghan Allies Protection Act 

15 of 2009 (title VI of Public Law 111–8; 8 U.S.C. 1101 

16 note) is amended by adding at the end the following new 

17 subparagraph: 

18 ‘‘(D) ADDITIONAL FISCAL YEARS.—Not19 withstanding subparagraph (C), for each of the 

20 fiscal years 2014 through 2018, the total num21 ber of principal aliens who may be provided spe22 cial immigrant status under this section may 

23 not exceed 3,000 per year, except that any un24 used balance of the total number of principal 

25 aliens who may be provided special immigrant 

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1 status in fiscal years 2014 through 2018, in ad2 dition to any unused balance of the total num3 ber of principal aliens who may be provided spe4 cial immigrant status under subparagraph (A) 

5 in fiscal years 2009 through 2013, may be car6 ried forward and provided through the end of 

7 fiscal year 2019, except that— 

8 ‘‘(i) the one-year period during which 

9 a principal alien must have been employed 

10 in accordance with paragraph (2)(A)(ii) 

11 shall be entirely during the period from 

12 October 7, 2001 through December 31, 

13 2014; and 

14 ‘‘(ii) a principal alien seeking special 

15 immigrant status under this subparagraph 

16 shall apply to the Chief of Mission in ac17 cordance with paragraph (2)(D) no later 

18 than September 30, 2015.’’. 

19 SEC. 1208. PERMANENT AND GLOBAL AUTHORITY FOR USE 

20 OF ACQUISITION AND CROSS-SERVICING 

21 AGREEMENTS TO LEND CERTAIN MILITARY 

22 EQUIPMENT TO CERTAIN FOREIGN FORCES 

23 FOR PERSONNEL PROTECTION AND SURVIV24 ABILITY. 

25 (a) CODIFICATION OF PERMANENT AUTHORITY.— 

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1 (1) ENACTMENT IN TITLE 10 OF SECTION 1202

2 ACQUISITION AND CROSS-SERVICING AGREEMENT

3 AUTHORITY.—Chapter 138 of title 10, United States 

4 Code, is amended by inserting after section 2342 a 

5 new section 2342a consisting of— 

6 (A) a heading as follows: 

7 ‘‘§ 2342a. Acquisition and cross-servicing agreements: 

8 authority to lend certain military equip9 ment to certain foreign forces for per10 sonnel protection and survivability’’; 

11 and 

12 (B) a text consisting of the text of sub13 sections (a) through (d) of section 1202 of the 

14 John Warner National Defense Authorization 

15 Act for Fiscal Year 2007 (Public Law 109– 

16 364), as most recently amended by section 

17 1202 of the National Defense Authorization Act 

18 for Fiscal Year 2012 (Public Law 112–81; 125 

19 Stat. 1621), and revised as specified in sub20 section (b). 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of subchapter I of such chap23 ter is amended by inserting after the item relating 

24 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.’’. 

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1 (b) REVISIONS TO CODIFIED SECTION.—The revi2 sions to the text specified in subsection (a)(1)(B) are as 

3 follows: 

4 (1) GLOBAL AUTHORITY.—In subsection 

5 (a)(1)— 

6 (A) insert ‘‘military or stability’’ after 

7 ‘‘combined’’ the first place it appears; and 

8 (B) strike ‘‘in Afghanistan’’. 

9 (2) CONFORMING AMENDMENTS.—In subsection 

10 (a)(3)— 

11 (A) in subparagraph (A), strike ‘‘Afghani12 stan’’ and insert ‘‘a combined military or sta13 bility operation with the United States’’; and 

14 (B) in subparagraph (C), strike ‘‘Afghani15 stan or a’’ and insert ‘‘a combined military or 

16 stability operation or’’. 

17 (3) REPORTING EXCEPTION.—In subsection 

18 (a)(5)— 

19 (A) insert ‘‘(A)’’ before ‘‘Equipment may 

20 not’’; and 

21 (B) add at the end the following: 

22 ‘‘(B) EXCEPTION.—The notice required in sub23 paragraph (A) shall not be required when the equip24 ment to be loaned is intended to be used— 

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1 ‘‘(i) in a facility that is under the control 

2 of the United States; or 

3 ‘‘(ii) in connection with training directed 

4 by United States personnel.’’. 

5 (4) WAIVER IN THE CASE OF COMBAT LOSS OF

6 EQUIPMENT.—At the end of subsection (a), insert 

7 the following new paragraph: 

8 ‘‘(6) WAIVER OF REIMBURSEMENT IN THE

9 CASE OF COMBAT LOSS.— 

10 ‘‘(A) AUTHORITY.—In the case of equip11 ment provided to the military forces of another 

12 nation under the authority of this section that 

13 is damaged or destroyed as a result of combat 

14 operations while held by those forces, the Sec15 retary of Defense may, with respect to such 

16 equipment, waive any other applicable require17 ment under this subchapter for— 

18 ‘‘(i) reimbursement; 

19 ‘‘(ii) replacement-in-kind; or 

20 ‘‘(iii) exchange of supplies or services 

21 of an equal value. 

22 ‘‘(B) LIMITATIONS.—Any waiver under 

23 this subsection may be made only on a case-by24 case basis. Any waiver under this subsection 

25 may be made only if the Secretary determines 

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1 that the waiver is in the national security inter2 est of the United States.’’. 

3 (5) TECHNICAL AND CLERICAL AMEND4 MENTS.— 

5 (A) In subsection (a)(1), strike ‘‘under 

6 subchapter I of chapter 138 of title 10, United 

7 States Code,’’. 

8 (B) In subsection (d)(2)(B), strike ‘‘Com9 mittee on International Relations’’ and insert 

10 ‘‘Committee on Foreign Affairs’’. 

11 (c) REPEAL.—Section 1202 of the John Warner Na12 tional Defense Authorization Act for Fiscal Year 2007 

13 (Public Law 109–364), as most recently amended by sec14 tion 1202 of the National Defense Authorization Act for 

15 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1621), 

16 is repealed. 

17 (d) RETROACTIVE APPLICATION OF WAIVER AU18 THORITY.—The authority in subsection (a)(6) of section 

19 2342a of title 10, United States Code, as added by this 

20 section, shall apply with respect to equipment provided be21 fore the date of the enactment of this Act to a foreign 

22 nation under section 1202 of the John Warner National 

23 Defense Authorization Act for Fiscal Year 2007, as 

24 amended, in the same manner as to equipment provided 

25 under such section 2342a. 

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1 SEC. 1209. EXTENSION OF AUTHORITY FOR ASSIGNMENT 

2 OF CIVILIAN EMPLOYEES OF THE DEPART3 MENT OF DEFENSE AS ADVISORS TO FOR4 EIGN MINISTRIES OF DEFENSE. 

5 (a) EXTENSION OF AUTHORITY.—Subsection (b) of 

6 section 1081 of the National Defense Authorization Act 

7 for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 168 

8 note) is amended— 

9 (1) in paragraph (1), by striking ‘‘September 

10 30, 2014’’ and inserting ‘‘September 30, 2017’’; and 

11 (2) in paragraph (2), by striking ‘‘fiscal year 

12 2012, 2013, or 2014’’ and inserting ‘‘a fiscal year 

13 ending on or before that date’’. 

14 (b) TECHNICAL AMENDMENT.—Subsection (c)(4) of 

15 such section is amended by striking ‘‘carried out such by 

16 such’’ and inserting ‘‘carried out by such’’. 

17 SEC. 1210. MODIFICATION AND EXTENSION OF AUTHORI18 TIES RELATING TO PROGRAM TO BUILD THE 

19 CAPACITY OF FOREIGN MILITARY FORCES. 

20 (a) MODIFICATION OF AUTHORITY.—Subsection 

21 (b)(1) of section 1206 of the National Defense Authoriza22 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

23 Stat. 3456), as most recently amended by section 1201 

24 of the National Defense Authorization Act for Fiscal Year 

25 2013 (Public Law 112–239; 126 Stat. 1979), is further 

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1 amended by striking ‘‘supplies, training’’ and inserting 

2 ‘‘training, logistic support, supplies, and services’’. 

3 (b) AVAILABILITY OF FUNDS.—Subsection (c) of 

4 such section is amended— 

5 (1) in paragraph (5)— 

6 (A) by striking ‘‘not more than 

7 $75,000,000 may be used during fiscal year 

8 2010, not more than $75,000,000 may be used 

9 during fiscal year 2011 and’’; and 

10 (B) by striking ‘‘each of fiscal years 2012, 

11 2013, and 2014’’ and inserting ‘‘each fiscal 

12 year through fiscal year 2015’’; and 

13 (2) by adding at the end the following new 

14 paragraph: 

15 ‘‘(7) AVAILABILITY OF FUNDS FOR PROGRAMS

16 DURING THE FIRST THREE MONTHS OF THE FOL17 LOWING FISCAL YEAR.— 

18 ‘‘(A) IN GENERAL.—For discretionary ap19 propriations enacted after the date of the enact20 ment of this paragraph, and subject to subpara21 graph (B), an amount not to exceed 20 percent 

22 of amounts available under this subsection for 

23 the authority in subsection (a) for any fiscal 

24 year may be obligated during the first three 

25 months of the following fiscal year to conduct 

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1 or support a program authorized, approved, and 

2 congressional notification completed in accord3 ance with subsection (a). 

4 ‘‘(B) NOTIFICATION.—Whenever the Sec5 retary of Defense decides, with the concurrence 

6 of the Secretary of State, to conduct or support 

7 a program authorized under subsection (a) by 

8 obligating funds as described in subparagraph 

9 (A) during the first six months of the following 

10 fiscal year, the Secretary of Defense shall sub11 mit to the congressional committees specified in 

12 paragraph (3) of subsection (e) a notification in 

13 writing of that decision in accordance with such 

14 subsection by not later than September 30 of 

15 the fiscal year for which the funds are appro16 priated.’’. 

17 (c) EXTENSION OF PROGRAM AUTHORIZATION.— 

18 Subsection (g) of such section is amended— 

19 (1) by striking ‘‘September 30, 2014’’ and in20 serting ‘‘September 30, 2015’’; and 

21 (2) by striking ‘‘through 2014’’ and inserting 

22 ‘‘through 2015’’. 

23 (d) DEFINITION.—Such section is further amended 

24 by adding at the end the following new subsection: 

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1 ‘‘(h) DEFINITION.—In this section, the term ‘logistic 

2 support, supplies, and services’ has the meaning given that 

3 term in section 2350(1) of title 10, United States Code.’’. 

4 (e) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on October 1, 2013, and shall 

6 apply with respect to programs under section 1206(a) of 

7 the National Defense Authorization Act for Fiscal Year 

8 2006 that begin on or after that date. 

9 SEC. 1211. SUPPORT FOR NATO SPECIAL OPERATIONS 

10 HEADQUARTERS. 

11 (a) AUTHORITY.—Subchapter II of chapter 138 of 

12 title 10, United States Code, is amended by adding at the 

13 end the following new section: 

14 ‘‘§ 2350n. NATO Special Operations Headquarters 

15 ‘‘(a) AUTHORIZATION.—Funds available for the De16 partment of Defense for operation and maintenance may 

17 be used for the purposes set forth in subsection (b) for 

18 support of operations of the North Atlantic Treaty Orga19 nization (NATO) Special Operations Headquarters. The 

20 amount of such funds used for such purposes for fiscal 

21 year 2014 and for fiscal year 2015 may not exceed 

22 $50,000,000. 

23 ‘‘(b) PURPOSES.—The Secretary of Defense may pro24 vide funds for the NATO Special Operations Head25 quarters under subsection (a) for the following purposes: 

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1 ‘‘(1) To improve coordination and cooperation 

2 between the special operations forces of NATO 

3 member nations, Allied nations, and partner nations. 

4 ‘‘(2) To facilitate combined operations by spe5 cial operations forces of NATO member nations, Al6 lied nations, and partner nations. 

7 ‘‘(3) To support command, control, and commu8 nications capabilities peculiar to special operations 

9 forces. 

10 ‘‘(4) To promote special operations forces intel11 ligence and informational requirements within the 

12 NATO structure. 

13 ‘‘(5) To promote interoperability through the 

14 development of common equipment standards, tac15 tics, techniques, exercises, and procedures, and 

16 through execution of multinational education and 

17 training programs. 

18 ‘‘(c) ANNUAL REPORT.—Not later than March 1 of 

19 each year, the Secretary of Defense shall submit to the 

20 congressional defense committees a report regarding sup21 port for the NATO Special Operations Headquarters. 

22 Each report shall include the following: 

23 ‘‘(1) The total amount of funding provided by 

24 the United States and other NATO nations to the 

25 NATO Special Operations Headquarters for opermstockstill on DSK4VPTVN1PROD with BILLS

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1 ating costs of the NATO Special Operations Head2 quarters. 

3 ‘‘(2) A description of the activities carried out 

4 with such funding, including— 

5 ‘‘(A) the amount of funding allocated for 

6 each such activity; 

7 ‘‘(B) the extent to which other NATO na8 tions participate in each such activity; 

9 ‘‘(C) the extent to which each such activity 

10 is designed to meet the purposes set forth in 

11 paragraphs (1) through (5) of subsection (b); 

12 and 

13 ‘‘(D) an assessment of the extent to which 

14 each such activity will promote the mission of 

15 the NATO Special Operations Headquarters. 

16 ‘‘(3) Other contributions, financial or in kind, 

17 provided by the United States and other NATO na18 tions in support of the NATO Special Operations 

19 Headquarters. 

20 ‘‘(4) Any other matters that the Secretary of 

21 Defense considers appropriate. 

22 ‘‘(d) SECRETARY OF DEFENSE PUBLISHED GUID23 ANCE.—The Secretary of Defense shall publish guidance 

24 detailing the roles and responsibilities of components of 

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1 cial Operations Headquarters. Such guidance shall include 

2 specification of the responsibilities of the Assistant Sec3 retary of Defense for Special Operations and Low-Inten4 sity Conflict, consistent with the duties of the Assistant 

5 Secretary under section 138(b)(4) of this title (including 

6 oversight of policy and resources), for oversight of support 

7 provided by the United States Special Operations Com8 mand to the NATO Special Operations Headquarters.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such subchapter is amended by adding 

11 at the end the following new item: 

‘‘2350n. NATO Special Operations Headquarters.’’. 

12 (c) DEADLINE FOR PUBLICATION OF GUIDANCE AND

13 NOTIFICATION OF CONGRESSIONAL COMMITTEES.—Not 

14 later than 180 days after the enactment of this Act, the 

15 Secretary of Defense shall notify the congressional defense 

16 committees that the Secretary has published the guidance 

17 required by subsection (d) of section 2350n of title 10, 

18 United States Code, as added by subsection (a). 

19 (d) CONFORMING REPEAL.—Section 1244 of the Na20 tional Defense Authorization Act for Fiscal Year 2010 

21 (Public Law 111–84; 123 Stat. 2541), as most recently 

22 amended by section 1272 of the National Defense Author23 ization Act for Fiscal Year 2013 (Public Law 112–239; 

24 126 Stat. 2023), is repealed. 

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1 SEC. 1212. AFGHANISTAN SECURITY FORCES FUND. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

3 are hereby authorized to be appropriated for fiscal year 

4 2014 for the Afghanistan Security Forces Fund in the 

5 amount of $7,726,720,000. 

6 (b) CONTINUATION OF PRIOR AUTHORITIES AND NO7 TICE AND REPORTING REQUIREMENTS.—Funds available 

8 to the Department of Defense for the Afghanistan Secu9 rity Forces Fund for fiscal year 2014 shall be subject to 

10 the conditions contained in subsections (b) through (g) of 

11 section 1513 of the National Defense Authorization Act 

12 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

13 428), as amended by section 1531(b) of the Ike Skelton 

14 National Defense Authorization Act for Fiscal Year 2011 

15 (Public Law 111–383; 124 Stat. 4424). 

16 (c) LIMITATION.—Of the funds authorized to be ap17 propriated in subsection (a), $2,615,000,000 shall not be 

18 obligated or expended until the Secretary of Defense, with 

19 the approval of the Director of the Office of Management 

20 and Budget, notifies the congressional defense committees 

21 that an additional amount is necessary to further develop 

22 the capabilities of the Afghanistan security forces. 

23 (d) EQUIPMENT DISPOSAL.—The United States may 

24 accept equipment procured using funds authorized under 

25 this section in this or prior Acts that was transferred to 

26 the security forces of Afghanistan and returned by such 

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1 forces to the United States. The equipment described in 

2 this subsection as well as equipment not yet transferred 

3 to the security forces of Afghanistan when determined by 

4 the Commander, Combined Security Transition Com5 mand-Afghanistan, or the Secretary’s designee, to no 

6 longer be required for transfer to such forces, may be 

7 treated as stocks of the Department of Defense upon noti8 fication to the congressional defense committees. 

9 SEC. 1213. TRAINING WITH SECURITY FORCES OF FRIEND10 LY FOREIGN COUNTRIES. 

11 (a) IN GENERAL.— 

12 (1) AUTHORITY.—Chapter 101 of title 10, 

13 United States Code, is amended by inserting after 

14 section 2011 the following new section: 

15 ‘‘§ 2011a. General purpose forces: training with 

16 friendly foreign forces 

17 ‘‘(a) AUTHORITY.—Under regulations prescribed 

18 pursuant to subsection (d), the armed forces and Depart19 ment of Defense civilian employees may train with the 

20 military forces or other security forces of a friendly foreign 

21 country in order to prepare the armed forces to train the 

22 military forces or other security forces, and supporting in23 stitutions, of a friendly foreign country. Training activities 

24 may be carried out under this section only with the prior 

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1 approval of the Secretary of Defense and with the concur2 rence of the Secretary of State. 

3 ‘‘(b) AUTHORITY TO PAY EXPENSES.—The Sec4 retary of a military department or commander of a com5 batant command may pay, or authorize payment for, the 

6 incremental expenses incurred by a friendly foreign coun7 try as the direct result of training with Department of 

8 Defense personnel pursuant to this section. 

9 ‘‘(c) PURPOSE OF TRAINING.—The primary purpose 

10 of the training authorized under subsection (a) shall be 

11 to train the general purpose forces of a military depart12 ment or general purpose forces available to the com13 mander of a combatant command in order to— 

14 ‘‘(1) develop and maintain necessary advise and 

15 assist training skills; or 

16 ‘‘(2) prepare such forces for the provision of de17 fense services or other assistance under any provi18 sion of law. 

19 ‘‘(d) REGULATIONS.—The Secretary of Defense shall 

20 prescribe regulations for the administration of this section. 

21 Such regulations shall establish accounting procedures to 

22 ensure that the expenditures pursuant to this section are 

23 appropriate. 

24 ‘‘(e) DEFINITIONS.—In this section: 

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1 ‘‘(1) The term ‘incremental expenses’, with re2 spect to a friendly foreign country, means the rea3 sonable and proper costs of rations, fuel, training 

4 ammunition, and transportation, and other goods 

5 and services consumed by such country as a direct 

6 result of that country’s participation in training 

7 events authorized under this section. Such term does 

8 not include pay, allowances, and other normal costs 

9 of such country’s personnel. 

10 ‘‘(2) The term ‘other security forces’ includes 

11 national security forces that conduct border and 

12 maritime security, internal security, and counterter13 rorism operations, but does not include civilian po14 lice. 

15 ‘‘(f) LIMITATION.—Not more than $10,000,000 may 

16 be used in any fiscal year to pay for the incremental ex17 penses of the military forces or other security forces of 

18 a friendly foreign country to train with Department of De19 fense personnel pursuant to this section. 

20 ‘‘(g) EXPIRATION.—The authority under this section 

21 may not be exercised after September 30, 2018.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended 

24 by inserting after the item relating to section 2011 

25 the following new item: 

‘‘2011a. General purpose forces: training with friendly foreign forces.’’. 

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1 (b) BUDGET PROPOSALS.—Section 166(c) of such 

2 title is amended— 

3 (1) by striking ‘‘SOF’’ in the subsection head4 ing; and 

5 (2) by inserting ‘‘or 2011a’’ after ‘‘section 

6 2011’’. 

7 SEC. 1214. REVISIONS TO GLOBAL SECURITY CONTINGENCY 

8 FUND AUTHORITY. 

9 (a) AUTHORITY.—Subsection (b)(1) of section 1207 

10 of the National Defense Authorization Act for Fiscal Year 

11 2012 (Public Law 112–81; 125 Stat. 1625; 22 U.S.C. 

12 2151 note) is amended— 

13 (1) in the matter preceding subparagraph (A), 

14 by striking ‘‘forces, and’’ and inserting ‘‘forces, or’’; 

15 and 

16 (2) in subparagraph (A)— 

17 (A) by striking ‘‘and’’ the second place it 

18 appears and inserting ‘‘or’’; 

19 (B) by inserting ‘‘or activities’’ after 

20 ‘‘counterterrorism operations’’; and 

21 (C) by striking ‘‘; and’’ and inserting ‘‘; 

22 or’’. 

23 (b) TYPES OF ASSISTANCE.—Subsection (c)(1) of 

24 such section is amended by striking ‘‘and training’’ and 

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1 inserting ‘‘minor construction, training and education, and 

2 professional guidance and advice’’. 

3 (c) TRANSFER AUTHORITY.—Subsection (f) of such 

4 section is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘for Defense-wide activi7 ties’’ in the first sentence; and 

8 (B) by striking ‘‘subsection (i)’’ in the sec9 ond sentence and inserting ‘‘subsection (h)’’; 

10 and 

11 (2) in paragraph (2)— 

12 (A) by inserting ‘‘and Department of 

13 State’’ after ‘‘Department of Defense’’; and 

14 (B) by striking ‘‘$200,000,000’’ and in15 serting ‘‘$300,000,000’’. 

16 (d) TWO-YEAR EXTENSION OF AVAILABILITY OF

17 FUNDS.—Subsection (i) of such section is amended by 

18 striking ‘‘September 30, 2015’’ and inserting ‘‘September 

19 30, 2017’’. 

20 (e) NOTICES TO CONGRESS.—Subsection (l) of such 

21 section is amended— 

22 (1) in paragraph (1)— 

23 (A) by striking subparagraph (C); and 

24 (B) by redesignating subparagraph (D) as 

25 subparagraph (C); 

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1 (2) by striking paragraph (2); and 

2 (3) by redesignating paragraph (3) as para3 graph (2). 

4 (f) ANNUAL REPORT REQUIREMENT.—Subsection 

5 (m) of such section is amended in the matter preceding 

6 paragraph (1)— 

7 (1) by striking ‘‘October 30, 2012, and annu8 ally thereafter’’ and inserting ‘‘October 30 each 

9 year’’; and 

10 (2) by striking ‘‘subsection (q)’’ and inserting 

11 ‘‘subsection (o)’’. 

12 (g) REPEAL OF FISCAL YEAR 2012 TRANSITIONAL

13 AUTHORITIES.—Subsection (n) of such section is re14 pealed. 

15 (h) REPEAL OF STATUTORY FUNDING LIMITA16 TION.—Subsection (o) of such section is repealed. 

17 (i) REDESIGNATION.—Subsection (p) of such section 

18 is redesignated as subsection (n). 

19 (j) EXTENSION OF EXPIRATION DATE.—Subsection 

20 (q) of such section is redesignated as subsection (o) and 

21 is amended— 

22 (1) by striking ‘‘September 30, 2015’’ and in23 serting ‘‘September 30, 2017’’; and 

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1 (2) by striking ‘‘funds available for fiscal years 

2 2012 through 2015’’ and inserting ‘‘funds available 

3 for a fiscal year beginning before that date’’. 

4 SEC. 1215. INTER-EUROPEAN AIR FORCES ACADEMY. 

5 (a) IN GENERAL.—Chapter 907 of title 10, United 

6 States Code, is amended by inserting after section 9415 

7 the following new section: 

8 ‘‘§ 9416. Inter-European Air Forces Academy 

9 ‘‘(a) OPERATION.—The Secretary of the Air Force 

10 may operate the Air Force education and training facility 

11 known as the Inter-European Air Forces Academy for the 

12 purpose of providing military education and training to 

13 military personnel of countries that are members of the 

14 North Atlantic Treaty Organization or signatories to the 

15 Partnership for Peace Framework Documents. 

16 ‘‘(b) ELIGIBLE COUNTRIES.—(1) No foreign force 

17 may be trained under the authority of this section without 

18 the concurrence of the Secretary of State. 

19 ‘‘(2) Without prejudice to the inclusion of other 

20 forces, the Secretary of Defense and the Secretary of State 

21 shall, not later than July 1 of each year agree to a list 

22 of countries whose forces will be eligible to attend the 

23 academy in the following fiscal year. 

24 ‘‘(3) The Secretary of the Air Force may not use the 

25 authority in subsection (a) to provide assistance to any 

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1 foreign country that is otherwise prohibited from receiving 

2 such type of assistance under any other provision of law. 

3 ‘‘(c) COSTS.—The costs of operating and maintaining 

4 the Inter-European Air Forces Academy may be paid from 

5 funds available for operation and maintenance of the Air 

6 Force. 

7 ‘‘(d) SUPPLIES AND CLOTHING.—The Secretary of 

8 the Air Force may, under such conditions as the Secretary 

9 may prescribe, provide to a person receiving training 

10 under this chapter— 

11 ‘‘(1) transportation incident to the training; 

12 ‘‘(2) supplies and equipment to be used during 

13 the training; and 

14 ‘‘(3) billeting, food, and health services. 

15 ‘‘(e) LIVING ALLOWANCE.—The Secretary of the Air 

16 Force may pay to a person receiving training under this 

17 chapter a living allowance at a rate to be prescribed by 

18 the Secretary, taking into account the amount of living 

19 allowances authorized for a member of the armed forces 

20 under similar circumstances. 

21 ‘‘(f) MAINTENANCE.—The Secretary of the Air Force 

22 may authorize such expenditures from the appropriations 

23 of the Air Force as the Secretary considers necessary for 

24 the efficient and effective maintenance of the Program in 

25 accordance with this chapter.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by inserting 

3 after the item relating to section 9415 the following new 

4 item: 

‘‘9416. Inter-European Air Forces Academy.’’. 

5 TITLE XIII—OTHER 

6 AUTHORIZATIONS 

7 Subtitle A—Military Programs 

8 SEC. 1301. WORKING CAPITAL FUNDS. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2014 for the use of the Armed Forces and other 

11 activities and agencies of the Department of Defense for 

12 providing capital for Defense Working Capital Funds in 

13 the amount of $1,545,827,000. 

14 SEC. 1302. NATIONAL DEFENSE SEALIFT FUND. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2014 for the National Defense Sealift Fund 

17 in the amount of $730,700,000. 

18 SEC. 1303. JOINT URGENT OPERATIONAL NEEDS FUND. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal year 2014 for the Joint Urgent Operational Needs 

21 Fund in the amount of $98,800,000. 

22 SEC. 1304. CHEMICAL AGENTS AND MUNITIONS DESTRUC23 TION, DEFENSE. 

24 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

25 are hereby authorized to be appropriated for the Departmstockstill on DSK4VPTVN1PROD with BILLS

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1 ment of Defense for fiscal year 2014 for expenses, not oth2 erwise provided for, for Chemical Agents and Munitions 

3 Destruction, Defense, in the amount of $1,057,123,000, 

4 of which— 

5 (1) $451,572,000 is for Operation and Mainte6 nance; 

7 (2) $604,183,000 is for Research, Development, 

8 Test, and Evaluation; and 

9 (3) $1,368,000 is for Procurement. 

10 (b) USE.—Amounts authorized to be appropriated 

11 under subsection (a) are authorized for— 

12 (1) the destruction of lethal chemical agents 

13 and munitions in accordance with section 1412 of 

14 the Department of Defense Authorization Act, 1986 

15 (50 U.S.C. 1521); and 

16 (2) the destruction of chemical warfare materiel 

17 of the United States that is not covered by section 

18 1412 of such Act. 

19 SEC. 1305. DRUG INTERDICTION AND COUNTER-DRUG AC20 TIVITIES, DEFENSE-WIDE. 

21 Funds are hereby authorized to be appropriated for 

22 the Department of Defense for fiscal year 2014 for ex23 penses, not otherwise provided for, for Drug Interdiction 

24 and Counter-Drug Activities, Defense-wide, in the amount 

25 of $938,545,000. 

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1 SEC. 1306. DEFENSE INSPECTOR GENERAL. 

2 Funds are hereby authorized to be appropriated for 

3 the Department of Defense for fiscal year 2014 for ex4 penses, not otherwise provided for, for the Office of the 

5 Inspector General of the Department of Defense, in the 

6 amount of $312,131,000, of which— 

7 (1) $311,131,000 is for Operation and Mainte8 nance; and 

9 (2) $1,000,000 is for Procurement. 

10 SEC. 1307. DEFENSE HEALTH PROGRAM. 

11 Funds are hereby authorized to be appropriated for 

12 the Department of Defense for fiscal year 2014 for ex13 penses, not otherwise provided for, for the Defense Health 

14 Program, in the amount of $33,351,528,000, of which— 

15 (1) $31,950,734,000 is for Operation and 

16 Maintenance; 

17 (2) $729,613,000 is for Research, Development, 

18 Test, and Evaluation; and 

19 (3) $671,181,000 is for Procurement. 

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1 Subtitle B—National Defense 

2 Stockpile 

3 SEC. 1311. AUTHORITY TO ACQUIRE ADDITIONAL MATE4 RIALS FOR THE NATIONAL DEFENSE STOCK5 PILE. 

6 Section 1411 of the National Defense Authorization 

7 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

8 1654), is amended— 

9 (1) by redesignating subsection (c) as sub10 section (d); and 

11 (2) by inserting after subsection (b) the fol12 lowing new subsection (c): 

13 ‘‘(c) ACQUISITION AUTHORITY.—(1) Using funds 

14 available in the National Defense Stockpile Transaction 

15 Fund, the National Defense Stockpile Manager may ac16 quire the following materials determined to be strategic 

17 and critical materials required to meet the defense, indus18 trial, and essential civilian needs of the United States: 

19 ‘‘(A) Ferroniobium. 

20 ‘‘(B) Dysprosium Metal. 

21 ‘‘(C) Yttrium Oxide. 

22 ‘‘(2) The National Defense Stockpile Manager may 

23 use up to $22,000,000 of the National Stockpile Trans24 action Fund for acquisition of the materials specified in 

25 paragraph (1). 

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1 ‘‘(3) The authority under this subsection is available 

2 for purchases during fiscal year 2014 through fiscal year 

3 2019.’’. 

4 Subtitle C—Other Matters 

5 SEC. 1321. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

6 DEPARTMENT OF DEFENSE-DEPARTMENT OF 

7 VETERANS AFFAIRS MEDICAL FACILITY DEM8 ONSTRATION FUND FOR CAPTAIN JAMES A. 

9 LOVELL HEALTH CARE CENTER, ILLINOIS. 

10 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

11 funds authorized to be appropriated for section 507 and 

12 available for the Defense Health Program for operation 

13 and maintenance, $143,087,000 may be transferred by the 

14 Secretary of Defense to the Joint Department of Defense15 Department of Veterans Affairs Medical Facility Dem16 onstration Fund established by subsection (a)(1) of sec17 tion 1704 of the National Defense Authorization Act for 

18 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 

19 For purposes of subsection (a)(2) of such section 1704, 

20 any funds so transferred shall be treated as amounts au21 thorized and appropriated specifically for the purpose of 

22 such a transfer. 

23 (b) USE OF TRANSFERRED FUNDS.—For the pur24 poses of subsection (b) of such section 1704, facility oper25 ations for which funds transferred under subsection (a) 

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1 may be used are operations of the Captain James A. 

2 Lovell Federal Health Care Center, consisting of the 

3 North Chicago Veterans Affairs Medical Center, the Navy 

4 Ambulatory Care Center, and supporting facilities des5 ignated as a combined Federal medical facility under an 

6 operational agreement covered by section 706 of the Dun7 can Hunter National Defense Authorization Act for Fiscal 

8 Year 2009 (Public Law 110–417; 122 Stat. 4500). 

9 SEC. 1322. AUTHORIZATION OF APPROPRIATIONS FOR 

10 ARMED FORCES RETIREMENT HOME. 

11 There is hereby authorized to be appropriated for fis12 cal year 2014 from the Armed Forces Retirement Home 

13 Trust Fund the sum of $67,800,000 for the operation of 

14 the Armed Forces Retirement Home. 

15 TITLE XIV—UNIFORMED AND 

16 OVERSEAS CITIZENS ABSEN17 TEE VOTING ACT AMEND18 MENTS 

19 SEC. 1401. PRE-ELECTION REPORTING REQUIREMENTS ON 

20 AVAILABILITY AND TRANSMISSION OF AB21 SENTEE BALLOTS. 

22 (a) IN GENERAL.—Subsection (c) of section 102 of 

23 the Uniformed and Overseas Citizens Absentee Voting Act 

24 (42 U.S.C. 1973ff–1) is amended— 

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1 (1) by designating the text of that subsection as 

2 paragraph (3) and indenting that paragraph, as so 

3 designated, two ems from the left margin; and 

4 (2) by inserting before paragraph (3), as so 

5 designated, the following new paragraphs: 

6 ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE

7 BALLOT AVAILABILITY.—Not later than 55 days be8 fore any election for Federal office held in a State, 

9 such State shall submit a report to the Attorney 

10 General and the Presidential Designee, and make 

11 that report publicly available that same day, certi12 fying that absentee ballots are available for trans13 mission to absentee voters, or that it is aware of no 

14 circumstances that will prevent absentee ballots from 

15 being available for transmission by 46 days before 

16 the election. The report shall be in a form prescribed 

17 by the Attorney General and shall require the State 

18 to certify specific information about ballot avail19 ability from each unit of local government which will 

20 administer the election. 

21 ‘‘(2) PRE-ELECTION REPORT ON ABSENTEE

22 BALLOTS TRANSMITTED.—Not later than 43 days 

23 before any election for Federal office held in a State, 

24 such State shall submit a report to the Attorney 

25 General and the Presidential Designee, and make 

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1 that report publicly available that same day, certi2 fying whether all absentee ballots validly requested 

3 by absent uniformed services voters and overseas 

4 voters whose requests were received by the 46th day 

5 before the election have been transmitted to such 

6 voters by such date. The report shall be in a form 

7 prescribed by the Attorney General and shall require 

8 the State to certify specific information about ballot 

9 transmission, including the total numbers of ballot 

10 requests received and ballots transmitted, from each 

11 unit of local government which will administer the 

12 election.’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) SUBSECTION HEADING.—The heading for 

15 such subsection is amended to read as follows: ‘‘RE16 PORTS ON ABSENTEE BALLOTS.—’’. 

17 (2) PARAGRAPH HEADING.—Paragraph (3) of 

18 such subsection, as designated by subsection (a)(1), 

19 is amended by inserting ‘‘POST-ELECTION REPORT

20 ON NUMBER OF ABSENTEE BALLOTS TRANSMITTED

21 AND RECEIVED.—’’ before ‘‘Not later than 90 days’’. 

22 SEC. 1402. TRANSMISSION REQUIREMENTS; REPEAL OF 

23 WAIVER PROVISION. 

24 (a) IN GENERAL.—Subsection (a)(8) of section 102 

25 of the Uniformed and Overseas Citizens Absentee Voting 

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1 Act (42 U.S.C. 1973ff–1) is amended by striking ‘‘voter— 

2 ’’ and all that follows in that subsection and inserting 

3 ‘‘voter by the date and in the manner determined under 

4 subsection (g);’’. 

5 (b) BALLOT TRANSMISSION REQUIREMENTS AND

6 REPEAL OF WAIVER PROVISION.—Subsection (g) of such 

7 section is amended to read as follows: 

8 ‘‘(g) BALLOT TRANSMISSION REQUIREMENTS.— 

9 ‘‘(1) REQUESTS RECEIVED AT LEAST 46 DAYS

10 BEFORE AN ELECTION FOR FEDERAL OFFICE.—For 

11 purposes of subsection (a)(8), in a case in which a 

12 valid request for an absentee ballot is received at 

13 least 46 days before an election for Federal office, 

14 the following rules shall apply: 

15 ‘‘(A) TIME FOR TRANSMITTAL OF ABSEN16 TEE BALLOT.—The State shall transmit the ab17 sentee ballot not later than 46 days before the 

18 election. 

19 ‘‘(B) SPECIAL RULES IN CASE OF FAILURE

20 TO TRANSMIT ON TIME.— 

21 ‘‘(i) GENERAL RULE.—If the State 

22 fails to transmit any absentee ballot by the 

23 46th day before the election as required by 

24 subparagraph (A) and the absent uni25 formed services voter or overseas voter did 

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1 not request electronic ballot transmission 

2 pursuant to subsection (f), the State shall 

3 transmit such ballot by express delivery. 

4 ‘‘(ii) EXTENDED FAILURE.—If the 

5 State fails to transmit any absentee ballot 

6 by the 41st day before the election, in ad7 dition to transmitting the ballot as pro8 vided in clause (i), the State shall— 

9 ‘‘(I) in the case of absentee bal10 lots requested by absent uniformed 

11 services voters with respect to regu12 larly scheduled general elections, no13 tify such voters of the procedures es14 tablished under section 103A for the 

15 collection and delivery of marked ab16 sentee ballots; and 

17 ‘‘(II) in any other case, provide, 

18 at the State’s expense, for the return 

19 of such ballot by express delivery. 

20 ‘‘(iii) ENFORCEMENT.—A State’s 

21 compliance with this subparagraph does 

22 not bar the Attorney General from seeking 

23 additional remedies necessary to effectuate 

24 the purposes of this Act. 

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1 ‘‘(2) REQUESTS RECEIVED AFTER 46TH DAY

2 BEFORE AN ELECTION FOR FEDERAL OFFICE.—For 

3 purposes of subsection (a)(8), in a case in which a 

4 valid request for an absentee ballot is received less 

5 than 46 days before an election for Federal office, 

6 the State shall transmit the absentee ballot within 

7 one business day of receipt of the request.’’. 

8 SEC. 1403. CLARIFICATION OF STATE RESPONSIBILITY, 

9 CIVIL PENALTIES, AND PRIVATE RIGHT OF 

10 ACTION. 

11 (a) ENFORCEMENT.—Section 105 of the Uniformed 

12 and Overseas Citizens Absentee Voting Act (42 U.S.C. 

13 1973ff–4) is amended to read as follows: 

14 ‘‘SEC. 105. ENFORCEMENT. 

15 ‘‘(a) IN GENERAL.—The Attorney General may bring 

16 a civil action in an appropriate district court for such de17 claratory or injunctive relief as may be necessary to carry 

18 out this title. In any such action, the only necessary party 

19 defendant is the State. It shall not be a defense to such 

20 action that local election officials are not also named as 

21 defendants. 

22 ‘‘(b) CIVIL PENALTY.—In a civil action brought 

23 under subsection (a), if the court finds that the State vio24 lated any provision of this title, it may, to vindicate the 

25 public interest, assess a civil penalty against the State— 

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1 ‘‘(1) in an amount not exceeding $110,000, for 

2 a first violation, 

3 ‘‘(2) in an amount not exceeding $220,000, for 

4 any subsequent violation. 

5 ‘‘(c) ANNUAL REPORT TO CONGRESS.—Not later 

6 than December 31 of each year, the Attorney General 

7 shall submit to Congress a report on any civil action 

8 brought under subsection (a) during that year. 

9 ‘‘(d) PRIVATE RIGHT OF ACTION.—A person who is 

10 aggrieved by a State’s violation of this Act may bring a 

11 civil action in an appropriate district court for such declar12 atory or injunctive relief as may be necessary to carry out 

13 this Act. 

14 ‘‘(e) ATTORNEY’S FEES.—In a civil action under this 

15 section, the court may allow the prevailing party (other 

16 than the United States) reasonable attorney’s fees, includ17 ing litigation expenses, and costs.’’. 

18 (b) REPEAL OF CLARIFICATION REGARDING DELE19 GATION OF STATE RESPONSIBILITY.—Section 576 of the 

20 Military and Overseas Voter Empowerment Act (42 

21 U.S.C. 1973ff–1 note) is repealed. 

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1 SEC. 1404. TECHNICAL CLARIFICATIONS TO CONFORM TO 

2 2009 MOVE ACT AMENDMENTS RELATED TO 

3 THE FEDERAL WRITE-IN ABSENTEE BALLOT. 

4 (a) STATE RESPONSIBILITIES.—Section 102(a)(3) of 

5 the Uniformed and Overseas Citizens Absentee Voting Act 

6 (42 U.S.C. 1973ff–1(a)(3)) is amended by striking ‘‘gen7 eral’’. 

8 (b) WRITE-IN ABSENTEE BALLOTS.—Section 103 of 

9 such Act (42 U.S.C. 1973ff–2) is amended— 

10 (1) by striking ‘‘GENERAL’’ in the title of the 

11 section; and 

12 (2) by striking ‘‘general’’ in subsection 

13 (b)(2)(B). 

14 SEC. 1405. TREATMENT OF BALLOT REQUESTS. 

15 (a) IN GENERAL.—Section 104 of the Uniformed and 

16 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 

17 3) is amended— 

18 (1) by striking ‘‘A State may not’’ and insert19 ing: 

20 ‘‘(a) PROHIBITION OF REFUSAL OF APPLICATIONS

21 ON GROUNDS OF EARLY SUBMISSION.—A State may 

22 not’’; 

23 (2) by inserting ‘‘or overseas voter’’ after ‘‘an 

24 absent uniformed services voter’’; 

25 (3) by striking ‘‘members of the’’ before ‘‘uni26 formed services’’; 

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1 (4) by inserting ‘‘voters or overseas voters’’ be2 fore the period; and 

3 (5) by adding at the end the following new sub4 section: 

5 ‘‘(b) APPLICATION TREATED AS VALID FOR SUBSE6 QUENT ELECTIONS.— 

7 ‘‘(1) IN GENERAL.—If a State accepts and 

8 processes a request for an absentee ballot by an ab9 sent uniformed services voter or overseas voter and 

10 the voter requests that the application be considered 

11 an application for an absentee ballot for each subse12 quent election for Federal office held in the State 

13 through the next regularly scheduled general election 

14 for Federal office (including any runoff elections 

15 which may occur as a result of the outcome of such 

16 general election), and any special elections for Fed17 eral office held in the State through the calendar 

18 year following such general election, the State shall 

19 provide an absentee ballot to the voter for each such 

20 subsequent election. 

21 ‘‘(2) EXCEPTION FOR VOTERS CHANGING REG22 ISTRATION.—Paragraph (1) shall not apply with re23 spect to a voter registered to vote in a State for any 

24 election held after the voter notifies the State that 

25 the voter no longer wishes to be registered to vote 

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1 in the State or after the State determines that the 

2 voter has registered to vote in another State.’’. 

3 (b) CONFORMING AMENDMENT.—The heading of 

4 such section is amended to read as follows: 

5 ‘‘SEC. 104. TREATMENT OF BALLOT REQUESTS.’’. 

6 SEC. 1406. INCLUSION OF NORTHERN MARIANA ISLANDS IN 

7 THE DEFINITION OF ‘‘STATE’’ FOR PURPOSES 

8 OF THE UNIFORMED AND OVERSEAS CITI9 ZENS ABSENTEE VOTING ACT. 

10 Paragraphs (6) and (8) of section 107 of the Uni11 formed and Overseas Citizens Absentee Voting Act (42 

12 U.S.C. 1973ff–6) are each amended by striking ‘‘and 

13 American Samoa’’ and inserting ‘‘American Samoa, and 

14 the Commonwealth of the Northern Mariana Islands’’. 

15 SEC. 1407. REQUIREMENT FOR PRESIDENTIAL DESIGNEE 

16 TO REVISE THE FEDERAL POST CARD APPLI17 CATION TO ALLOW VOTERS TO DESIGNATE 

18 BALLOT REQUESTS. 

19 (a) REQUIREMENT.—The Presidential designee shall 

20 ensure that the official post card form (prescribed under 

21 section 101(b)(2) of the Uniformed and Overseas Citizens 

22 Absentee Voting Act (42 U.S.C. 1973ff(b)(2))) enables a 

23 voter using the form to— 

24 (1) request an absentee ballot for each election 

25 for Federal office held in a State through the next 

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1 regularly scheduled general election for Federal of2 fice (including any runoff elections which may occur 

3 as a result of the outcome of such general election) 

4 and any special elections for Federal office held in 

5 the State through the calendar year following such 

6 general election; or 

7 (2) request an absentee ballot for a specific 

8 election or elections for Federal office held in a 

9 State during the period described in paragraph (1). 

10 (b) DEFINITION.—In this section, the term ‘‘Presi11 dential designee’’ means the individual designated under 

12 section 101(a) of the Uniformed and Overseas Citizens 

13 Absentee Voting Act (42 U.S.C. 1973ff(a)). 

14 SEC. 1408. REQUIREMENT OF PLURALITY VOTE FOR VIRGIN 

15 ISLANDS AND GUAM FEDERAL ELECTIONS. 

16 Section 2(a) of the Act entitled ‘‘An Act to provide 

17 that the unincorporated territories of Guam and the Vir18 gin Islands shall each be represented in Congress by a Del19 egate to the House of Representatives’’ approved April 10, 

20 1972 (48 U.S.C. 1712(a)), is amended— 

21 (1) by striking ‘‘majority’’ in the second and 

22 third sentences and inserting ‘‘plurality’’; and 

23 (2) by striking the fourth sentence. 

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1 SEC. 1409. EXTENSION OF REPORTING DEADLINE FOR THE 

2 ANNUAL REPORT ON THE ASSESSMENT OF 

3 THE EFFECTIVENESS OF ACTIVITIES OF THE 

4 FEDERAL VOTING ASSISTANCE PROGRAM. 

5 (a) ELIMINATION OF REPORTS FOR NON-ELECTION

6 YEARS.—Section 105A(b) of the Uniformed and Overseas 

7 Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is 

8 amended— 

9 (1) by striking ‘‘March 31 of each year’’ and in10 serting ‘‘June 30 of each odd-numbered year’’; and 

11 (2) by striking ‘‘the following information’’ and 

12 inserting ‘‘the following information with respect to 

13 the Federal elections held during the preceding cal14 endar year’’. 

15 (b) CONFORMING AMENDMENTS.—Such section is 

16 further amended— 

17 (1) by striking ‘‘ANNUAL REPORT’’ in the sub18 section heading and inserting ‘‘BIENNIAL REPORT’’; 

19 and 

20 (2) by striking ‘‘In the case of’’ in paragraph 

21 (3) and all that follows through ‘‘a description’’ and 

22 inserting ‘‘A description’’. 

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1 TITLE XV—AUTHORIZATION OF 

2 ADDITIONAL APPROPRIA3 TIONS FOR OVERSEAS CON4 TINGENCY OPERATIONS 

5 Subtitle A—Authorization of 

6 Additional Appropriations 

7 SEC. 1501. PURPOSE. 

8 The purpose of this title is to authorize appropria9 tions for the Department of Defense for fiscal year 2014 

10 to provide additional funds for overseas contingency oper11 ations being carried out by the Armed Forces. 

12 SEC. 1502. ARMY PROCUREMENT. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2014 for procurement for the Army in amounts 

15 as follows: 

16 (1) For aircraft procurement, $711,788,000. 

17 (2) For missile procurement, $128,645,000. 

18 (3) For ammunition procurement, 

19 $180,900,000. 

20 (4) For other procurement, $603,123,000. 

21 SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

22 FUND. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2014 for the Joint Improvised Explosive Device 

25 Defeat Fund in the amount of $1,000,000,000. 

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1 SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2014 for procurement for the Navy and Marine 

4 Corps in amounts as follows: 

5 (1) For aircraft procurement, Navy, 

6 $240,696,000. 

7 (2) For weapons procurement, Navy, 

8 $86,500,000. 

9 (3) For ammunition procurement, Navy and 

10 Marine Corps, $206,821,000. 

11 (4) For other procurement, Navy, $17,968,000. 

12 (5) For procurement, Marine Corps, 

13 $129,584,000. 

14 SEC. 1505. AIR FORCE PROCUREMENT. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2014 for procurement for the Air Force in 

17 amounts as follows: 

18 (1) For aircraft procurement, $115,668,000. 

19 (2) For ammunition procurement, 

20 $159,965,000. 

21 (3) For missile procurement, $24,200,000. 

22 (4) For other procurement, $2,574,846,000. 

23 SEC. 1506. JOINT URGENT OPERATIONAL NEEDS FUND. 

24 Funds are hereby authorized to be appropriated for 

25 fiscal year 2014 for the Joint Urgent Operational Needs 

26 Fund in the amount of $15,000,000. 

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1 SEC. 1507. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2014 for the procurement account for Defense4 wide activities in the amount of $111,275,000. 

5 SEC. 1508. RESEARCH, DEVELOPMENT, TEST, AND EVALUA6 TION. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2014 for the use of the Department of Defense 

9 for research, development, test, and evaluation as follows: 

10 (1) For the Army, $7,000,000. 

11 (2) For the Navy, $34,426,000. 

12 (3) For the Air Force, $9,000,000. 

13 (4) For Defense-wide activities, $66,208,000. 

14 SEC. 1509. OPERATION AND MAINTENANCE. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2014 for the use of the Armed Forces for ex17 penses, not otherwise provided for, for operation and 

18 maintenance, in amounts as follows: 

19 (1) For the Army, $29,279,633,000. 

20 (2) For the Navy, $6,067,993,000. 

21 (3) For the Marine Corps, $2,669,815,000. 

22 (4) For the Air Force, $10,005,224,000. 

23 (5) For Defense-wide activities, 

24 $6,435,078,000. 

25 (6) For the Army Reserve, $42,935,000. 

26 (7) For the Navy Reserve, $55,700,000. 

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1 (8) For the Marine Corps Reserve, 

2 $12,534,000. 

3 (9) For the Air Force Reserve, $32,849,000. 

4 (10) For the Army National Guard, 

5 $199,371,000. 

6 (11) For the Air National Guard, $22,200,000. 

7 (12) For the Afghanistan Security Forces 

8 Fund, $7,726,720,000. 

9 (13) For the Afghanistan Infrastructure Fund, 

10 $279,000,000. 

11 SEC. 1510. MILITARY PERSONNEL. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2014 to the Department of Defense for military 

14 personnel accounts in the total amount of $9,689,307,000. 

15 SEC. 1511. WORKING CAPITAL FUNDS. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2014 for the use of the Armed Forces and other 

18 activities and agencies of the Department of Defense for 

19 providing capital for the Defense Working Capital Funds 

20 in the amount of $264,910,000. 

21 SEC. 1512. DEFENSE HEALTH PROGRAM. 

22 Funds are hereby authorized to be appropriated for 

23 the Department of Defense for fiscal year 2014 for ex24 penses, not otherwise provided for, for the Defense Health 

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1 Program in the amount of $904,201,000 for operation and 

2 maintenance. 

3 SEC. 1513. DRUG INTERDICTION AND COUNTER-DRUG AC4 TIVITIES, DEFENSE-WIDE. 

5 Funds are hereby authorized to be appropriated for 

6 the Department of Defense for fiscal year 2014 for ex7 penses, not otherwise provided for, for Drug Interdiction 

8 and Counter-Drug Activities, Defense-wide in the amount 

9 of $376,305,000. 

10 SEC. 1514. DEFENSE INSPECTOR GENERAL. 

11 Funds are hereby authorized to be appropriated for 

12 the Department of Defense for fiscal year 2014 for ex13 penses, not otherwise provided for, for the Office of the 

14 Inspector General of the Department of Defense in the 

15 amount of $10,766,000. 

16 Subtitle B—Limitations and Other 

17 Matters 

18 SEC. 1521. EXTENSION OF AUTHORITY FOR REIMBURSE19 MENT OF CERTAIN COALITION NATIONS FOR 

20 SUPPORT PROVIDED TO UNITED STATES 

21 MILITARY OPERATIONS. 

22 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

23 section 1233 of the National Defense Authorization Act 

24 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

25 393), as most recently amended by section 1227 of the 

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1 National Defense Authorization Act for Fiscal Year 2013 

2 (Public Law 112–239; 126 Stat. 2000), is further amend3 ed by striking ‘‘fiscal year 2013’’ and inserting ‘‘fiscal 

4 year 2014’’. 

5 (b) LIMITATION ON AMOUNTS AVAILABLE.—Sub6 section (d)(1) of such section is amended by striking ‘‘dur7 ing fiscal year 2013 may not exceed $1,650,000,000’’ and 

8 inserting ‘‘during fiscal year 2014 may not exceed 

9 $1,500,000,000’’. 

10 SEC. 1522. EXTENSION OF AUTHORITY TO SUPPORT OPER11 ATIONS AND ACTIVITIES OF THE OFFICE OF 

12 SECURITY COOPERATION-IRAQ. 

13 (a) EXTENSION OF AUTHORITY.—Subsection (f) of 

14 section 1215 of the National Defense Authorization Act 

15 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

16 1631) is amended by striking ‘‘fiscal year 2013’’ and in17 serting ‘‘fiscal year 2014’’. 

18 (b) LIMITATION ON AMOUNT.—Subsection (c) of 

19 such section is amended by striking ‘‘2012’’ and all that 

20 follows through the period at the end and inserting ‘‘2014 

21 may not exceed $209,000,000.’’. 

22 (c) SOURCE OF FUNDS.—Subsection (d) of such sec23 tion is amended— 

24 (1) by striking ‘‘fiscal year 2012 or fiscal year 

25 2013’’ and inserting ‘‘fiscal year 2014’’; and 

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1 (2) by striking ‘‘fiscal year 2012 or 2013, as 

2 the case may be,’’ and inserting ‘‘that fiscal year’’. 

3 SEC. 1523. ONE-YEAR EXTENSION AND MODIFICATION OF 

4 AUTHORITY FOR PROGRAM TO DEVELOP AND 

5 CARRY OUT INFRASTRUCTURE PROJECTS IN 

6 AFGHANISTAN. 

7 (a) EXTENSION OF AUTHORITY.—Subsection (f) of 

8 section 1217 of the Ike Skelton National Defense Author9 ization Act for Fiscal Year 2011 (Public Law 111–383; 

10 124 Stat. 4393), as most recently amended by section 

11 1219 of the National Defense Authorization Act for Fiscal 

12 Year 2013 (Public Law 112–239; 126 Stat. 1991), is fur13 ther amended— 

14 (1) in paragraph (1), by adding at the end the 

15 following new subparagraph: 

16 ‘‘(C) Up to $279,000,000 made available 

17 to the Department of Defense for operation and 

18 maintenance for fiscal year 2014.’’; and 

19 (2) in paragraph (3), by adding at the end the 

20 following new subparagraph: 

21 ‘‘(D) In the case of funds for fiscal year 

22 2014, until September 30, 2015.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on October 1, 2013. 

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1 SEC. 1524. EXTENSION OF COMMANDERS EMERGENCY RE2 SPONSE PROGRAM IN AFGHANISTAN. 

3 (a) ONE-YEAR EXTENSION.— 

4 (1) IN GENERAL.—Section 1201 of the Na5 tional Defense Authorization Act for Fiscal Year 

6 2012 (Public Law 112–81; 125 Stat. 1619), as 

7 amended by section 1221 of the National Defense 

8 Authorization Act for Fiscal Year 2013 (Public Law 

9 112–239; 126 Stat. 1992), is amended by striking 

10 ‘‘fiscal year 2013’’ each place it appears and insert11 ing ‘‘fiscal year 2014’’. 

12 (2) CONFORMING AMENDMENT.—The heading 

13 of subsection (a) of such section is amended by 

14 striking ‘‘FISCAL YEAR 2013’’ and inserting ‘‘FIS15 CAL YEAR 2014’’. 

16 (b) AMOUNT OF FUNDS AVAILABLE DURING FISCAL

17 YEAR 2014.—Subsection (a) of such section is further 

18 amended by striking ‘‘$200,000,000’’ and inserting 

19 ‘‘$60,000,000’’. 

20 (c) REPEAL OF REQUIREMENT FOR QUARTERLY

21 BRIEFINGS.—Subsection (b) of such section is amended— 

22 (1) in the subsection heading, by striking ‘‘AND

23 BRIEFINGS’’; and 

24 (2) by striking paragraph (3). 

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1 SEC. 1525. ONE-YEAR EXTENSION OF AUTHORITY TO USE 

2 FUNDS FOR REINTEGRATION ACTIVITIES IN 

3 AFGHANISTAN. 

4 Section 1216 of the Ike Skelton National Defense 

5 Authorization Act for Fiscal Year 2011 (Public Law 111– 

6 383; 124 Stat. 4392), as most recently amended by sec7 tion 1218 of the National Defense Authorization Act for 

8 Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1990), 

9 is further amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘$35,000,000’’ and insert12 ing ‘‘$25,000,000’’; and 

13 (B) by striking ‘‘for fiscal year 2013’’ and 

14 inserting ‘‘for fiscal year 2014’’; and 

15 (2) in subsection (e), by striking ‘‘December 31, 

16 2013’’ and inserting ‘‘December 31, 2014’’. 

17 SEC. 1526. EXTENSION OF AUTHORITY FOR TASK FORCE 

18 FOR BUSINESS AND STABILITY OPERATIONS 

19 IN AFGHANISTAN. 

20 (a) EXTENSION.—Subsection (a) of section 1535 of 

21 the Ike Skelton National Defense Authorization Act for 

22 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4426), 

23 as most recently amended by section 1533 of the National 

24 Defense Authorization Act for Fiscal Year 2013 (Public 

25 Law 112–239; 126 Stat. 2058), is further amended— 

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1 (1) in paragraph (6), by striking ‘‘October 31, 

2 2011, October 31, 2012, and October 31, 2013’’ and 

3 inserting ‘‘October 31, 2014,’’; and 

4 (2) in paragraph (8), by striking ‘‘September 

5 30, 2013’’ and inserting ‘‘September 30, 2014’’. 

6 (b) FUNDING.—Paragraph (4)(B) of such subsection 

7 is amended— 

8 (1) by striking ‘‘and’’ at the end of clause (i); 

9 (2) by striking the period at the end of clause 

10 (ii) and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new 

12 clause: 

13 ‘‘(iii) may not exceed $63,800,000 for 

14 fiscal year 2014.’’. 

15 (c) REPEAL OF REQUIREMENT OF QUARTERLY UP16 DATES TO REPORT.—Paragraph (7) of such subsection is 

17 amended by striking subparagraph (B). 

18 DIVISION B—MILITARY CON19 STRUCTION AUTHORIZA20 TIONS 

21 SEC. 2001. SHORT TITLE. 

22 This division may be cited as the ‘‘Military Construc23 tion Authorization Act for Fiscal Year 2014’’. 

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1 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

2 AMOUNTS REQUIRED TO BE SPECIFIED BY 

3 LAW. 

4 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

5 YEARS.—Except as provided in subsection (b), all author6 izations contained in titles XXI through XXVII for mili7 tary construction projects, land acquisition, family housing 

8 projects and facilities, and contributions to the North At9 lantic Treaty Organization Security Investment Program 

10 (and authorizations of appropriations therefor) shall ex11 pire on the later of— 

12 (1) October 1, 2016; or 

13 (2) the date of the enactment of an Act author14 izing funds for military construction for fiscal year 

15 2017. 

16 (b) EXCEPTION.—Subsection (a) shall not apply to 

17 authorizations for military construction projects, land ac18 quisition, family housing projects and facilities, and con19 tributions to the North Atlantic Treaty Organization Se20 curity Investment Program (and authorizations of appro21 priations therefor), for which appropriated funds have 

22 been obligated before the later of— 

23 (1) October 1, 2016; or 

24 (2) the date of the enactment of an Act author25 izing funds for fiscal year 2017 for military con26 struction projects, land acquisition, family housing 

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1 projects and facilities, or contributions to the North 

2 Atlantic Treaty Organization Security Investment 

3 Program. 

4 TITLE XXI—ARMY MILITARY 

5 CONSTRUCTION 

6 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

7 ACQUISITION PROJECTS. 

8 (a) INSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2103(1), the Secretary of the Army may 

11 acquire real property and carry out military construction 

12 projects for the installations or locations inside the United 

13 States, and in the amounts, set forth in the following 

14 table: 

Army: Inside the United States 

State Installation Amount 

Alaska ...................... Fort Wainwright ............................................. $103,000,000

Colorado .................. Fort Carson .................................................... $242,200,000

Florida ..................... Eglin AFB ...................................................... $4,700,000

Georgia .................... Fort Gordon ................................................... $61,000,000

Hawaii ..................... Fort Shafter ................................................... $75,000,000

Kansas ..................... Fort Leavenworth ........................................... $17,000,000

Kentucky ................. Fort Campbell ................................................ $4,800,000

Maryland ................. Aberdeen Proving Ground .............................. $21,000,000

Fort Detrick ................................................... $7,100,000

Missouri ................... Fort Leonard Wood ........................................ $90,700,000

North Carolina ........ Fort Bragg ..................................................... $5,900,000

Texas ....................... Fort Bliss ....................................................... $46,800,000

Virginia ................... Joint Base Langley-Eustis ............................. $50,000,000

Washington ............. Joint Base Lewis-McChord ............................ $144,000,000

Yakima ........................................................... $9,100,000. 

15 (b) OUTSIDE THE UNITED STATES.—Using amounts 

16 appropriated pursuant to the authorization of appropria17 tions in section 2103(2), the Secretary of the Army may 

18 acquire real property and carry out military construction 

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1 projects for the installations or locations outside the 

2 United States, and in the amounts, set forth in the fol3 lowing table: 

Army: Outside the United States 

Country Installation Amount 

Kwajalein .................. Kwajalein Atoll ........................................... $63,000,000

Worldwide Classified Classified Location ...................................... $33,000,000. 

4 SEC. 2102. FAMILY HOUSING. 

5 (a) CONSTRUCTION AND ACQUISITION.—Using 

6 amounts appropriated pursuant to the authorization of ap7 propriations in section 2103(5)(A), the Secretary of the 

8 Army may construct or acquire family housing units (in9 cluding land acquisition and supporting facilities) at the 

10 installations or locations, in the number of units, and in 

11 the amounts set forth in the following table: 

Army: Family Housing 

Country Installation Units Amount 

Germany ................ South Camp Vilseck ..................... 29 ............. $16,600,000

Wisconsin ............... Fort McCoy .................................. 56 ............. $23,000,000. 

12 (b) PLANNING AND DESIGN.—Using amounts appro13 priated pursuant to the authorization of appropriations in 

14 section 2103(5)(A), the Secretary of the Army may carry 

15 out architectural and engineering services and construc16 tion design activities with respect to the construction or 

17 improvement of family housing units in an amount not 

18 to exceed $4,408,000. 

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1 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal years beginning after September 30, 2013, for mili4 tary construction, land acquisition, and military family 

5 housing functions of the Department of the Army in the 

6 total amount of $1,676,754,000 as follows: 

7 (1) For military construction projects inside the 

8 United States authorized by section 2101(a), 

9 $882,300,000. 

10 (2) For military construction projects outside 

11 the United States authorized by section 2101(b), 

12 $96,000,000. 

13 (3) For unspecified minor military construction 

14 projects authorized by section 2805 of title 10, 

15 United States Code, $25,000,000. 

16 (4) For architectural and engineering services 

17 and construction design under section 2807 of title 

18 10, United States Code, $74,575,000. 

19 (5) For military family housing functions: 

20 (A) For construction and acquisition, plan21 ning and design, and improvement of military 

22 family housing and facilities, $44,008,000. 

23 (B) For support of military family housing 

24 (including the functions described in section 

25 2833 of title 10, United States Code), 

26 $512,871,000. 

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1 (6) For the construction of increment 2 of the 

2 Cadet Barracks at the United States Military Acad3 emy, New York, authorized by section 2101(a) of 

4 the Military Construction Authorization Act for Fis5 cal Year 2013 (division B of Public Law 112–239; 

6 126 Stat. 2119), $42,000,000. 

7 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

8 CERTAIN FISCAL YEAR 2004 PROJECT. 

9 In the case of the authorization contained in the table 

10 in section 2101(a) of the Military Construction Authoriza11 tion Act for Fiscal Year 2004 (division B of Public Law 

12 108–136; 117 Stat. 1697) for Picatinny Arsenal, New 

13 Jersey, for construction of an Explosives Research and 

14 Development Loading Facility at the installation, the Sec15 retary of the Army may use available unobligated balances 

16 of amounts appropriated for military construction for the 

17 Army to complete work on the project within the scope 

18 specified for the project in the justification data provided 

19 to Congress as part of the request for authorization of 

20 the project. 

21 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

22 CERTAIN FISCAL YEAR 2011 PROJECT. 

23 In the case of the authorization contained in the table 

24 in section 2101(a) of the Military Construction Authoriza25 tion Act for Fiscal Year 2011 (division B of Public Law 

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1 111–383; 124 Stat. 4437) for Fort Lewis, Washington, 

2 for construction of a Regional Logistic Support Complex 

3 at the installation, the Secretary of the Army may con4 struct up to 98,381 square yards of Organizational Vehicle 

5 Parking. 

6 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 

7 CERTAIN FISCAL YEAR 2010 PROJECT. 

8 In the case of the authorization contained in the table 

9 in section 2101(b) of the Military Construction Authoriza10 tion Act for Fiscal Year 2010 (division B of Public Law 

11 111–84; 123 Stat. 2629) for Camp Arifjan, Kuwait, for 

12 construction of APS Warehouses at the camp, the Sec13 retary of the Army may construct up to 74,976 square 

14 meters of hardstand parking, 22,741 square meters of ac15 cess roads, a 6 megawatt power plant, and 50,724 square 

16 meters of humidity-controlled warehouses. 

17 SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

18 FISCAL YEAR 2010 PROJECTS. 

19 (a) EXTENSIONS.—Notwithstanding section 2002 of 

20 the Military Construction Authorization Act for Fiscal 

21 Year 2010 (division B of Public Law 111–84; 123 Stat. 

22 2627), the authorizations set forth in the table in sub23 section (b), as provided in section 2101 of that Act (123 

24 Stat. 2628), shall remain in effect until October 1, 2014, 

25 or the date of the enactment of an Act authorizing funds 

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1 for military construction for fiscal year 2015, whichever 

2 is later. 

3 (b) TABLE.—The table referred to in subsection (a) 

4 is as follows: 

Army: Extension of 2010 Project Authorizations 

State/ 

Country 

Installation or 

Location Project Amount 

Virginia ....... Fort Belvoir ................... Road and Access Control 

Point.

$9,500,000

Washington Fort Lewis ..................... Fort Lewis-McChord 

AFB Joint Access.

$9,000,000

Kuwait ......... Camp Arifjian ................ APS Warehouses ........... $82,000,000. 

5 SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

6 FISCAL YEAR 2011 PROJECTS. 

7 (a) EXTENSIONS.—Notwithstanding section 2002 of 

8 the Military Construction Authorization Act for Fiscal 

9 Year 2011 (division B of Public Law 111–383; 124 Stat. 

10 4436), the authorizations set forth in the table in sub11 section (b), as provided in section 2101 of that Act (124 

12 Stat. 4437), shall remain in effect until October 1, 2014, 

13 or the date of the enactment of an Act authorizing funds 

14 for military construction for fiscal year 2015, whichever 

15 is later. 

16 (b) TABLE.—The table referred to in subsection (a) 

17 is as follows: 

Army: Extension of 2011 Project Authorizations 

State/ 

Country 

Installation or 

Location Project Amount 

California .... Presidio of Monterey ...... Advanced Individual 

Training Barracks.

$63,000,000

Georgia ........ Fort Benning ................. Land Acquisition ............ $12,200,000

New Mexico White Sands Missile 

Range.

Barracks ........................ $29,000,000

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Army: Extension of 2011 Project Authorizations—Continued 

State/ 

Country 

Installation or 

Location Project Amount 

Germany ...... Wiesbaden AB ............... Access Control Point ..... $5,100,000. 

1 TITLE XXII—NAVY MILITARY 

2 CONSTRUCTION 

3 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

4 ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2204(1), the Secretary of the Navy may 

8 acquire real property and carry out military construction 

9 projects for the installations or locations inside the United 

10 States, and in the amounts, set forth in the following 

11 table: 

Navy: Inside the United States 

State Installation Amount 

California ............. Camp Pendleton ................................................. $13,124,000

Coronado ............................................................ $8,910,000

San Diego .......................................................... $34,331,000

Twentynine Palms ............................................. $33,437,000

Barstow .............................................................. $14,998,000

Point Mugu ........................................................ $24,667,000

Port Hueneme .................................................... $33,600,000

Florida ................. Jacksonville ........................................................ $20,752,000

Key West ........................................................... $14,001,000

Mayport ............................................................. $16,093,000

Georgia ................. Albany ................................................................ $16,610,000

Savannah ........................................................... $61,717,000

Hawaii .................. Kaneohe Bay ...................................................... $236,982,000

Pearl City ........................................................... $30,100,000

Pearl Harbor ...................................................... $57,998,000

Illinois .................. Great Lakes ....................................................... $35,851,000

Maine ................... Bangor ............................................................... $13,800,000

Kittery ............................................................... $11,522,000

Maryland .............. Fort Meade ........................................................ $83,988,000

Nevada ................. Fallon ................................................................. $11,334,000

North Carolina ..... Camp Lejeune .................................................... $77,999,000

New River .......................................................... $45,863,000

Oklahoma ............. Tinker AFB ....................................................... $14,144,000

Rhode Island ........ Newport ............................................................. $12,422,000

South Carolina ..... Charleston .......................................................... $73,932,000

Virginia ................ Norfolk ............................................................... $3,380,000

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Navy: Inside the United States—Continued 

State Installation Amount 

Quantico ............................................................. $38,374,000

Yorktown ............................................................ $18,700,000

Dam Neck .......................................................... $10,587,000

Washington .......... Whidbey Island .................................................. $117,649,000

Bremerton .......................................................... $18,189,000. 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installation or location outside the United 

6 States, and in the amounts, set forth in the following 

7 table: 

Navy: Outside the United States 

Country Installation Amount 

Djibouti ...................... Camp Lemonier ............................................ $29,000,000

Guam ......................... Joint Region Marianas ................................. $318,377,000

Japan ......................... Yokosuka ...................................................... $7,568,000

Camp Butler ................................................ $5,820,000. 

8 SEC. 2202. FAMILY HOUSING. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2204(5)(A), the Sec11 retary of the Navy may carry out architectural and engi12 neering services and construction design activities with re13 spect to the construction or improvement of family hous14 ing units in an amount not to exceed $4,438,000. 

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1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2204(5)(A), the 

6 Secretary of the Navy may improve existing military fam7 ily housing units in an amount not to exceed $68,969,000. 

8 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2013, for mili11 tary construction, land acquisition, and military family 

12 housing functions of the Department of the Navy in the 

13 total amount of $2,163,520,000, as follows: 

14 (1) For military construction projects inside the 

15 United States authorized by section 2201(a), 

16 $1,205,054,000. 

17 (2) For military construction projects outside 

18 the United States authorized by section 2201(b), 

19 $360,765,000. 

20 (3) For unspecified minor military construction 

21 projects authorized by section 2805 of title 10, 

22 United States Code, $19,740,000. 

23 (4) For architectural and engineering services 

24 and construction design under section 2807 of title 

25 10, United States Code, $89,830,000. 

26 (5) For military family housing functions: 

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1 (A) For construction and acquisition, plan2 ning and design, and improvement of military 

3 family housing and facilities, $73,407,000. 

4 (B) For support of military family housing 

5 (including functions described in section 2833 

6 of title 10, United States Code), $389,844,000. 

7 (6) For the construction of increment 3 of the 

8 Explosives Handling Wharf No. 2 at Kitsap, Wash9 ington, authorized by section 2201(a) of the Military 

10 Construction Authorization Act for Fiscal Year 2012 

11 (division B of Public Law 112–81; 125 Stat. 1666), 

12 as amended by section 2205 of the Military Con13 struction Authorization Act for Fiscal Year 2013 

14 (division B of Public Law 112–239; 126 Stat. 2124) 

15 $24,880,000. 

16 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

17 CERTAIN FISCAL YEAR 2011 PROJECT. 

18 In the case of the authorization contained in the table 

19 in section 2201(b) of the Military Construction Authoriza20 tion Act for Fiscal Year 2011 (division B of Public Law 

21 111–383; 124 Stat. 4441), for Southwest Asia Bahrain, 

22 for construction of Navy Central Command Ammunition 

23 Magazines at that location, the Secretary of the Navy may 

24 construct additional Type C earth covered magazines (to 

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1 age magazines, an inert storage facility, a maintenance 

2 and ground support equipment facility, concrete pads for 

3 portable ready service lockers, and associated supporting 

4 facilities using appropriations available for the project. 

5 SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT 

6 CERTAIN FISCAL YEAR 2012 PROJECT. 

7 In the case of the authorization contained in the table 

8 in section 2201(a) of the Military Construction Authoriza9 tion Act for Fiscal Year 2012 (division B of Public Law 

10 112–81; 125 Stat. 1666), for Kitsap Washington, for con11 struction of Explosives Handling Wharf No. 2 at that lo12 cation, the Secretary of the Navy may construct new hard13 ened facilities in lieu of hardening existing structures and 

14 may construct a new facility to replace the existing Coast 

15 Guard Maritime Force Protection Unit and the Naval Un16 dersea Warfare Command unhardened facilities using ap17 propriations available for the project. 

18 SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

19 FISCAL YEAR 2011 PROJECTS. 

20 (a) EXTENSION.—Notwithstanding section 2002 of 

21 the Military Construction Authorization Act for Fiscal 

22 Year 2011 (division B of Public Law 111–383; 124 Stat. 

23 4436), the authorization set forth in the table in sub24 section (b), as provided in section 2201 of that Act (124

25 Stat. 4441), shall remain in effect until October 1, 2014, 

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1 or the date of the enactment of an Act authorizing funds 

2 for military construction for fiscal year 2015, whichever 

3 is later. 

4 (b) TABLE.—The table referred to in subsection (a) 

5 is as follows: 

Navy: Extension of 2011 Project Authorizations 

State/ 

Country 

Installation or 

Location Project Amount 

Bahrain Island.SW Asia ......................... Navy Central Command 

Ammunition Magazines.

$89,280,000. 

6 SEC. 2208. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

7 FISCAL YEAR 2011 PROJECT. 

8 (a) EXTENSION.—Notwithstanding section 2002 of 

9 the Military Construction Authorization Act for Fiscal 

10 Year 2011 (division B of Public Law 111–383; 124 Stat. 

11 4436), the authorization set forth in the table in sub12 section (b), as provided in section 2201 of that Act (124

13 Stat. 4441), shall remain in effect until October 1, 2015, 

14 or the date of the enactment of an Act authorizing funds 

15 for military construction for fiscal year 2016, whichever 

16 is later. 

17 (b) TABLE.—The table referred to in subsection (a) 

18 is as follows: 

Navy: Extension of 2011 Project Authorizations 

State/ 

Country 

Installation or 

Location Project Amount 

Guam ........... Guam ............................. Defense Access Roads 

Improvements.

$66,730,000. 

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1 TITLE XXIII—AIR FORCE 

2 MILITARY CONSTRUCTION 

3 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

4 LAND ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2304(1), the Secretary of the Air Force 

8 may acquire real property and carry out military construc9 tion projects for the installations or locations inside the 

10 United States, and in the amounts, set forth in the fol11 lowing table: 

Air Force: Inside the United States 

State Installation Amount 

Arizona ...................... Luke AFB .................................................... $26,900,000

California ................... Beale AFB ................................................... $62,000,000

Florida ....................... Tyndall AFB ................................................ $9,100,000

Hawaii ....................... Joint Base Pearl Harbor-Hickam ................ $4,800,000

Kentucky .................... Fort Campbell .............................................. $8,000,000

Maryland .................... Fort Meade .................................................. $358,000,000

Joint Base Andrews ..................................... $30,000,000

Missouri ..................... Whiteman AFB ............................................ $5,900,000

Nevada ....................... Nellis AFB ................................................... $78,500,000

New Mexico ............... Cannon AFB ................................................ $34,100,000

Holloman AFB ............................................. $2,250,000

Kirtland AFB ............................................... $30,500,000

North Dakota ............ Minot AFB ................................................... $23,830,000

Oklahoma ................... Tinker AFB ................................................. $8,600,000

Texas ......................... Fort Bliss ..................................................... $3,350,000

Utah ........................... Hill AFB ...................................................... $32,000,000

Virginia ...................... Joint Base Langley-Eustis ........................... $4,800,000

Unspecified ................ Unspecified Locations .................................. $255,700,000. 

12 (b) OUTSIDE THE UNITED STATES.—Using amounts 

13 appropriated pursuant to the authorization of appropria14 tions in section 2304(2), the Secretary of the Air Force 

15 may acquire real property and carry out military construc16 tion projects for the installations or locations outside the 

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1 United States, and in the amounts, set forth in the fol2 lowing table: 

Air Force: Outside the United States 

Country Installation Amount 

Greenland .................. Thule AB ..................................................... $43,904,000

Guam ......................... Joint Region Marianas ................................. $176,230,000

Mariana Islands ......... Saipan .......................................................... $29,300,000

United Kingdom ........ RAF Lakenheath ......................................... $22,047,000

RAF Croughton ........................................... $12,000,000. 

3 SEC. 2302. FAMILY HOUSING. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2304(5)(A), the Sec6 retary of the Air Force may carry out architectural and 

7 engineering services and construction design activities 

8 with respect to the construction or improvement of family 

9 housing units in an amount not to exceed $4,267,000. 

10 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

11 UNITS. 

12 Subject to section 2825 of title 10, United States 

13 Code, and using amounts appropriated pursuant to the 

14 authorization of appropriations in section 2304(5)(A), the 

15 Secretary of the Air Force may improve existing military 

16 family housing units in an amount not to exceed 

17 $72,093,000. 

18 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

19 FORCE. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal years beginning after September 30, 2013, for milimstockstill on DSK4VPTVN1PROD with BILLS

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1 tary construction, land acquisition, and military family 

2 housing functions of the Department of the Air Force in 

3 the total amount of $1,621,531,000, as follows: 

4 (1) For military construction projects inside the 

5 United States authorized by section 2301(a), 

6 $705,330,000. 

7 (2) For military construction projects outside 

8 the United States authorized by section 2301(b), 

9 $283,481,000. 

10 (3) For unspecified minor military construction 

11 projects authorized by section 2805 of title 10, 

12 United States Code, $20,448,000. 

13 (4) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $11,314,000. 

16 (5) For military family housing functions: 

17 (A) For construction and acquisition, plan18 ning and design, and improvement of military 

19 family housing and facilities, $76,360,000. 

20 (B) For support of military family housing 

21 (including functions described in section 2833 

22 of title 10, United States Code), $388,598,000. 

23 (6) For the construction of increment 3 of the 

24 United States Strategic Command Replacement Fa25 cility at Offutt Air Force Base, Nebraska, authormstockstill on DSK4VPTVN1PROD with BILLS

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1 ized by section 2301(a) of the Military Construction 

2 Authorization Act for Fiscal Year 2012 (division B 

3 of the Public Law 112–81; 125 Stat. 1670), 

4 $136,000,000. 

5 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

6 FISCAL YEAR 2011 PROJECT. 

7 (a) EXTENSION.—Notwithstanding section 2002 of 

8 the Military Construction Authorization Act for Fiscal 

9 Year 2011 (division B of Public Law 111–383; 124 Stat. 

10 4436), the authorization set forth in the table in sub11 section (b), as provided in section 2301 of that Act (124 

12 Stat. 4444), shall remain in effect until October 1, 2014, 

13 or the date of the enactment of an Act authorizing funds 

14 for military construction for fiscal year 2015, whichever 

15 is later. 

16 (b) TABLE.—The table referred to in subsection (a) 

17 is as follows: 

Air Force: Extension of 2011 Project Authorizations 

State Installation or 

Location Project Amount 

Bahrain, SW 

Asia.

Shaikh Isa AB ............... North Apron Expansion $45,000,000. 

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1 TITLE XXIV—DEFENSE AGEN2 CIES MILITARY CONSTRUC3 TION 

4 Subtitle A—Defense Agency 

5 Authorizations 

6 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC7 TION AND LAND ACQUISITION PROJECTS. 

8 (a) INSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2403(1), the Secretary of Defense may 

11 acquire real property and carry out military construction 

12 projects for the installations or locations inside the United 

13 States, and in the amounts, set forth in the following 

14 table: 

Defense Agencies: Inside the United States 

State Installation Amount 

Alaska ........................ Clear AFS .................................................... $17,204,000

Fort Greely ................................................... $82,000,000

California ................... Miramar ....................................................... $6,000,000

Defense Distribution Depot-Tracy ............... $37,554,000

Brawley ........................................................ $23,095,000

Colorado ..................... Fort Carson .................................................. $22,282,000

Florida ....................... Hurlburt Field ............................................. $7,900,000

Jacksonville .................................................. $7,500,000

Tyndall AFB ................................................ $9,500,000

Key West ...................................................... $3,600,000

Panama City ................................................ $2,600,000

Georgia ...................... Fort Benning ............................................... $43,335,000

Fort Stewart ................................................ $44,504,000

Moody AFB .................................................. $3,800,000

Hunter Army Airfield .................................. $13,500,000

Hawaii ....................... Joint Base Pearl Harbor-Hickam ................ $2,800,000

Ford Island .................................................. $2,615,000

Kentucky .................... Fort Campbell .............................................. $124,211,000

Fort Knox .................................................... $303,023,000

Maryland .................... Aberdeen Proving Ground ............................ $210,000,000

Bethesda Naval Hospital ............................. $66,800,000

Massachusetts ............ Hanscom AFB ............................................. $36,213,000

New Jersey ................ Joint Base McGuire-Dix-Lakehurst ............. $10,000,000

New Mexico ............... Holloman AFB ............................................. $81,400,000

North Carolina .......... Camp Lejeune .............................................. $43,377,000

Fort Bragg ................................................... $172,065,000

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Defense Agencies: Inside the United States—Continued 

State Installation Amount 

North Dakota ............ Minot AFB ................................................... $6,400,000

Oklahoma ................... Tinker AFB ................................................. $36,000,000

Altus AFB .................................................... $2,100,000

Pennsylvania .............. Defense Distribution Depot New Cumberland.$9,000,000

South Carolina ........... Beaufort ....................................................... $41,324,000

Tennessee .................. Arnold Air Force Base ................................. $2,200,000

Texas ......................... Joint Base San Antonio ............................... $12,600,000

Virginia ...................... Joint Expeditionary Base Little CreekStory.$30,404,000

Quantico ....................................................... $40,586,000

Dam Neck .................................................... $11,147,000

DLA Aviation Richmond .............................. $87,000,000

Pentagon ...................................................... $59,450,000

Washington ................ Whidbey Island ............................................ $10,000,000. 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Defense Agencies: Outside the United States 

Country Installation Amount 

Bahrain Island ........... SW Asia ....................................................... $45,400,000

Belgium ..................... Brussels ........................................................ $67,613,000

Germany .................... Weisbaden .................................................... $109,655,000

Kaiserlautern AB ......................................... $49,907,000

Ramstein AB ................................................ $98,762,000

Japan ......................... Iwakuni ........................................................ $34,000,000

Kadena AB ................................................... $38,792,000

Yokosuka ...................................................... $10,600,000

Atsugi ........................................................... $4,100,000

Torri Commo Station ................................... $71,451,000

Korea ......................... Camp Walker ............................................... $52,164,000

United Kingdom ........ RAF Mildenhall ............................................ $84,629,000

Royal Air Force Lakenheath ....................... $69,638,000

Worldwide Classified Classified Location ....................................... $15,000,000. 

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1 SEC. 2402. AUTHORIZED ENERGY CONSERVATION 

2 PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2403(6), the Secretary 

5 of Defense may carry out energy conservation projects 

6 under chapter 173 of title 10, United States Code, in the 

7 amount of $150,000,000. 

8 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE9 FENSE AGENCIES. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal years beginning after September 30, 2013, for mili12 tary construction, land acquisition, and military family 

13 housing functions of the Department of Defense (other 

14 than the military departments) in the total amount of 

15 $4,042,925,000, as follows: 

16 (1) For military construction projects inside the 

17 United States authorized by section 2401(a), 

18 $1,725,089,000. 

19 (2) For military construction projects outside 

20 the United States authorized by section 2401(b), 

21 $751,711,000. 

22 (3) For unspecified minor military construction 

23 projects under section 2805 of title 10, United 

24 States Code, $43,817,000. 

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1 (4) For contingency construction projects of the 

2 Secretary of Defense under section 2804 of title 10, 

3 United States Code, $10,000,000. 

4 (5) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $237,838,000. 

7 (6) For energy conservation projects under 

8 chapter 173 of title 10, United States Code, 

9 $150,000,000. 

10 (7) For military family housing functions: 

11 (A) For support of military family housing 

12 (including functions described in section 2833 

13 of title 10, United States Code), $55,845,000. 

14 (B) For credits to the Department of De15 fense Family Housing Improvement Fund 

16 under section 2883 of title 10, United States 

17 Code, and the Homeowners Assistance Fund es18 tablished under section 1013 of the Demonstra19 tion Cities and Metropolitan Development Act 

20 of 1966 (42 U.S.C. 3374), $1,780,000. 

21 (8) For the construction of increment 8 of the 

22 Army Medical Research Institute of Infectious Dis23 eases Stage I at Fort Detrick, Maryland, authorized 

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1 thorization Act of Fiscal Year 2007 (division B of 

2 Public Law 109–364; 120 Stat. 2457), $13,000,000. 

3 (9) For the construction of increment 5 of the 

4 hospital at Fort Bliss, Texas, authorized by section 

5 2401(a) of the Military Construction Authorization 

6 Act for Fiscal Year 2010 (division B of Public Law 

7 111–84; 123 Stat. 2642), $252,100,000. 

8 (10) For the construction of increment 3 of the 

9 High Performance Computing Center at Fort 

10 Meade, Maryland, authorized by section 2401(a) of 

11 the Military Construction Authorization Act for Fis12 cal Year 2012 (division B of Public Law 112–81; 

13 125 Stat. 1672), as amended by section 2404(a) of 

14 the Military Construction Authorization Act for Fis15 cal Year 2013 (division B of Public Law 112–239; 

16 126 Stat. 2131), $431,000,000. 

17 (11) For the construction of increment 3 of the 

18 Medical Center Replacement at Rhine Ordnance 

19 Barracks, Germany, authorized by section 2401(b) 

20 of the Military Construction Authorization Act for 

21 Fiscal Year 2012 (division B of Public Law 112–81; 

22 125 Stat. 1673), as amended by section 2404(b) of 

23 the Military Construction Authorization Act for Fis24 cal Year 2013 (division B of Public Law 112–239; 

25 126 Stat. 2131), $151,545,000. 

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1 (12) For the construction of increment 2 of the 

2 Ambulatory Care Center at Joint Base Andrews, 

3 Maryland, authorized by section 2401(a) of the Mili4 tary Construction Authorization Act for Fiscal Year 

5 2012 (division B of Public Law 112–81; 125 Stat. 

6 1673), $76,200,000. 

7 (13) For the construction of increment 2 of the 

8 NSAW Recapitalize Building #1 at Fort Meade, 

9 Maryland, authorized by section 2401(a) of the Mili10 tary Construction Authorization Act for Fiscal Year 

11 2013 (division B of Public Law 112–239; 126 Stat. 

12 2127), $58,000,000. 

13 (14) For the construction of increment 2 of the 

14 Aegis Ashore Missile Defense System Complex at 

15 Deveselu, Romania, authorized by section 2401(b) of 

16 the Military Construction Authorization Act for Fis17 cal Year 2013 (division B of Public Law 112–239; 

18 126 Stat. 2128), $85,000,000. 

19 Subtitle B—Chemical 

20 Demilitarization Authorizations 

21 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM22 ICAL DEMILITARIZATION CONSTRUCTION, 

23 DEFENSE-WIDE. 

24 Funds are hereby authorized to be appropriated for 

25 fiscal years beginning after September 30, 2013, for the 

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1 construction of phase XIV of a munitions demilitarization 

2 facility at Blue Grass Army Depot, Kentucky, authorized 

3 by section 2401(a) of the Military Construction Authoriza4 tion Act for Fiscal Year 2000 (division B of Public Law 

5 106–65; 113 Stat. 835), as amended by section 2405 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2002 (division B of Public Law 107–107; 115 Stat. 

8 1298), section 2405 of the Military Construction Author9 ization Act for Fiscal Year 2003 (division B of Public Law 

10 107–314; 116 Stat. 2698), section 2414 of the Military 

11 Construction Authorization Act for Fiscal Year 2009 (di12 vision B of Public Law 110–417; 122 Stat. 4697), and 

13 section 2412 of the Military Construction Authorization 

14 Act for Fiscal Year 2011 (division B of Public Law 111– 

15 383; 124 Stat. 4450), $122,536,000. 

16 TITLE XXV—NORTH ATLANTIC 

17 TREATY ORGANIZATION SE18 CURITY INVESTMENT PRO19 GRAM 

20 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

21 ACQUISITION PROJECTS. 

22 The Secretary of Defense may make contributions for 

23 the North Atlantic Treaty Organization Security Invest24 ment Program as provided in section 2806 of title 10, 

25 United States Code, in an amount not to exceed the sum 

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1 of the amount authorized to be appropriated for this pur2 pose in section 2502 and the amount collected from the 

3 North Atlantic Treaty Organization as a result of con4 struction previously financed by the United States. 

5 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2012, for con8 tributions by the Secretary of Defense under section 2806 

9 of title 10, United States Code, for the share of the United 

10 States of the cost of projects for the North Atlantic Treaty 

11 Organization Security Investment Program authorized by 

12 section 2501, in the amount of $239,700,000. 

13 TITLE XXVI—GUARD AND 

14 RESERVE FORCES FACILITIES 

15 Subtitle A—Project Authorizations 

16 and Authorization of Appropria17 tions 

18 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON19 STRUCTION AND LAND ACQUISITION 

20 PROJECTS. 

21 (a) INSIDE THE UNITED STATES.—Using amounts 

22 appropriated pursuant to the authorization of appropria23 tions in section 2606(1), the Secretary of the Army may 

24 acquire real property and carry out military construction 

25 projects for the Army National Guard locations inside the 

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1 United States, and in the amounts, set forth in the fol2 lowing table: 

Army National Guard: Inside the United States 

State Installation Amount 

Alabama .................. Decatur ........................................................... $4,000,000

Arkansas .................. Fort Chaffee ................................................... $21,000,000

Florida ..................... Pinellas Park .................................................. $5,700,000

Illinois ...................... Kankakee ........................................................ $42,000,000

Massachusetts ......... Camp Edwards ............................................... $19,000,000

Michigan .................. Camp Grayling ............................................... $17,000,000

Minnesota ................ Stillwater ........................................................ $17,000,000

Mississippi ............... Camp Shelby ................................................... $3,000,000

Pascagoula ...................................................... $4,500,000

Missouri ................... Whiteman AFB .............................................. $5,000,000

Macon ............................................................. $9,100,000

New York ................ New York ........................................................ $31,000,000

Ohio ......................... Ravenna Army Ammunition Plant ................. $5,200,000

Pennsylvania ........... Fort Indiantown Gap ..................................... $40,000,000

South Carolina ........ Greenville ........................................................ $26,000,000

Texas ....................... Fort Worth ..................................................... $14,270,000

Wyoming ................. Afton ............................................................... $10,200,000. 

3 (b) OUTSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2606(1), the Secretary of the Army may 

6 acquire real property and carry out military construction 

7 projects for the Army National Guard locations outside 

8 the United States, and in the amounts, set forth in the 

9 following table: 

Army National Guard: Outside the United States 

Country Installation Amount 

Puerto Rico ............... Camp Santiago ........................................... $5,600,000. 

10 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

11 AND LAND ACQUISITION PROJECTS. 

12 Using amounts appropriated pursuant to the author13 ization of appropriations in section 2606(2), the Secretary 

14 of the Army may acquire real property and carry out milimstockstill on DSK4VPTVN1PROD with BILLS

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1 tary construction projects for the Army Reserve locations 

2 inside the United States, and in the amounts, set forth 

3 in the following table: 

Army Reserve 

State Installation Amount 

California ............................... Fort Hunter Liggett ........................ $16,500,000

Camp Parks ...................................... $17,500,000

Maryland ............................... Bowie ................................................ $25,500,000

New Jersey ............................ Joint Base McGuire-Dix-Lakehurst $36,200,000

New York .............................. Bullville ............................................ $14,500,000

North Carolina ...................... Fort Bragg ....................................... $24,500,000

Wisconsin ............................... Fort McCoy ...................................... $23,400,000. 

4 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

5 CORPS RESERVE CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 Using amounts appropriated pursuant to the author8 ization of appropriations in section 2606(3), the Secretary 

9 of the Navy may acquire real property and carry out mili10 tary construction projects for the Navy Reserve and Ma11 rine Corps Reserve locations inside the United States, and 

12 in the amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Installation Amount 

California ............................... March AFB ...................................... $11,086,000

Missouri ................................. Kansas City ...................................... $15,020,000

Tennessee .............................. Memphis ........................................... $4,330,000. 

13 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC14 TION AND LAND ACQUISITION PROJECTS. 

15 Using amounts appropriated pursuant to the author16 ization of appropriations in section 2606(4), the Secretary 

17 of the Air Force may acquire real property and carry out 

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1 military construction projects for the Air National Guard 

2 locations inside the United States, and in the amounts, 

3 set forth in the following table: 

Air National Guard 

State Installation Amount 

Alabama ................................. Birmingham IAP .............................. $8,500,000

Indiana .................................. Hulman Regional Airport ................. $7,300,000

Maryland ............................... Fort Meade ....................................... $4,000,000

Martin State Airport ........................ $12,900,000

Montana ................................ Great Falls IAP ............................... $22,000,000

New York .............................. Fort Drum ....................................... $4,700,000

Ohio ....................................... Springfield Beckley-Map .................. $7,200,000

Pennsylvania .......................... Fort Indiantown Gap ....................... $7,700,000

Rhode Island ......................... Quonset State Airport ...................... $6,000,000

Tennessee .............................. McGhee-Tyson Airport ..................... $18,000,000. 

4 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC5 TION AND LAND ACQUISITION PROJECTS. 

6 Using amounts appropriated pursuant to the author7 ization of appropriations in section 2606(5), the Secretary 

8 of the Air Force may acquire real property and carry out 

9 military construction projects for the Air Force Reserve 

10 locations inside the United States, and in the amounts, 

11 set forth in the following table: 

Air Force Reserve 

State Installation Amount 

California ............................... March AFB ...................................... $19,900,000

Florida ................................... Homestead AFS ............................... $9,800,000

Oklahoma .............................. Tinker AFB ...................................... $12,200,000. 

12 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA13 TIONAL GUARD AND RESERVE. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal years beginning after September 30, 2013, for the 

16 costs of acquisition, architectural and engineering services, 

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1 and construction of facilities for the Guard and Reserve 

2 Forces, and for contributions therefor, under chapter 

3 1803 of title 10, United States Code (including the cost 

4 of acquisition of land for those facilities), in the following 

5 amounts: 

6 (1) For the Department of the Army, for the 

7 Army National Guard of the United States, 

8 $320,815,000. 

9 (2) For the Department of the Army, for the 

10 Army Reserve, $174,060,000. 

11 (3) For the Department of the Navy, for the 

12 Navy and Marine Corps Reserve, $32,976,000. 

13 (4) For the Department of the Air Force, for 

14 the Air National Guard of the United States, 

15 $119,800,000. 

16 (5) For the Department of the Air Force, for 

17 the Air Force Reserve, $45,659,000. 

18 Subtitle B—Other Matters 

19 SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT 

20 CERTAIN FISCAL YEAR 2013 PROJECT. 

21 In the case of the authorization contained in the table 

22 in section 2603 of the Military Construction Authorization 

23 Act for Fiscal Year 2013 (division B of Public Law 112– 

24 239; 126 Stat. 2135), for Fort Des Moines, Iowa, for con25 struction of a Joint Reserve Center at that location, the 

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1 Secretary of the Navy may, instead of constructing a new 

2 facility at Camp Dodge, acquire up to approximately 20 

3 acres to construct a Joint Reserve Center and associated 

4 supporting facilities in the greater Des Moines, Iowa area 

5 using appropriations available for the project. 

6 SEC. 2612. EXTENSION OF AUTHORIZATION OF CERTAIN 

7 FISCAL YEAR 2011 PROJECT. 

8 (a) EXTENSION.—Notwithstanding section 2002 of 

9 the Military Construction Authorization Act for Fiscal 

10 Year 2011 (division B of Public Law 111–383; 124 Stat. 

11 4436), the authorization set forth in table in section 2604 

12 of the Military Construction Authorization Act for Fiscal 

13 Year 2011 (division B of Public Law 111–383; 124 Stat. 

14 4454) for Nashville International Airport, Tennessee, 

15 shall remain in effect until October 1, 2014, or the date 

16 of the enactment of an Act authorizing funds for military 

17 construction for fiscal year 2015, whichever is later. 

18 (b) TABLE.—The table referred to in subsection (a) 

19 is as follows: 

State Installation or 

Location Project Amount 

Tennessee .... Nashville International 

Airport.

Intelligence Group and 

Remotely Piloted Aircraft Remote Split Operations Group.

$5,500,000. 

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1 SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN 

2 FISCAL YEAR 2011 PROJECT. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2011 (division B of Public Law 111–383; 124 Stat. 

6 4436), the authorization set forth in the table in sub7 section (b), as provided in section 2601 of that Act (124 

8 Stat. 4452), for Camp Santiago, Puerto Rico, shall remain 

9 in effect until October 1, 2014, or the date of the enact10 ment of an Act authorizing funds for military construction 

11 for fiscal year 2015, whichever is later. 

12 (b) TABLE.—The table referred to in subsection (a) 

13 is a follows: 

State Installation or 

Location Project Amount 

Puerto Rico Camp Santiago .............. Multi Purpose Machine 

Gun Range.

$9,200,000. 

14 TITLE XXVII—BASE REALIGN15 MENT AND CLOSURE ACTIVI16 TIES 

17 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

18 BASE REALIGNMENT AND CLOSURE ACTIVI19 TIES FUNDED THROUGH DEPARTMENT OF 

20 DEFENSE BASE CLOSURE ACCOUNT. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal years beginning after September 30, 2013, for base 

23 realignment and closure activities, including real property 

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1 acquisition and military construction projects, as author2 ized by the Defense Base Closure and Realignment Act 

3 of 1990 (part A of title XXIX of Public Law 101–510; 

4 10 U.S.C. 2687 note) and funded through the Department 

5 of Defense Base Closure Account 1990 established by sec6 tion 2906 of such Act, in the total amount of 

7 $451,357,000, as follows: 

8 (1) For the Department of the Army, 

9 $180,401,000. 

10 (2) For the Department of the Navy, 

11 $144,580,000. 

12 (3) For the Department of the Air Force, 

13 $126,376,000. 

14 TITLE XXVIII—MILITARY CON15 STRUCTION GENERAL PROVI16 SIONS 

17 Subtitle A—Military Construction 

18 Program Changes 

19 SEC. 2801. REVISIONS TO MINOR MILITARY CONSTRUCTION 

20 AUTHORITIES. 

21 (a) ESTABLISHMENT OF MINOR MILITARY CON22 STRUCTION EXCEPTION THRESHOLD.—Subsection (a) of 

23 section 2805 of title 10, United States Code, is amended 

24 by adding at the end the following new paragraph: 

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1 ‘‘(3) For purposes of this section, the minor 

2 military construction exception threshold is 

3 $4,000,000.’’. 

4 (b) INCREASE IN DOLLAR THRESHOLDS FOR CER5 TAIN AUTHORITIES RELATING TO UNSPECIFIED MINOR

6 MILITARY CONSTRUCTION.— 

7 (1) MAXIMUM AMOUNT FOR PROJECTS TO COR8 RECT DEFICIENCIES THAT ARE LIFE-, HEALTH-, OR

9 SAFETY-THREATENING.—Subsection (a)(2) of such 

10 section is amended by striking ‘‘$3,000,000’’ in the 

11 second sentence and inserting ‘‘the minor military 

12 construction exception threshold’’. 

13 (2) MAXIMUM AMOUNT FOR GENERAL RULE

14 FOR PROJECTS FOR WHICH O&M FUNDS MAY BE

15 USED.—Subsection (c) of such section is amended 

16 by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’. 

17 (c) MINIMUM AMOUNT FOR PROJECTS SUBJECT TO

18 SECRETARIAL APPROVAL AND CONGRESSIONAL NOTICE19 AND-WAIT.—Subsection (b)(1) of such section is amended 

20 by striking ‘‘$750,000’’ and inserting ‘‘the amount speci21 fied in subsection (c)’’. 

22 (d) MODIFICATION AND EXTENSION OF AUTHORITY

23 FOR LABORATORY REVITALIZATION PROJECTS.— 

24 (1) MODIFICATION.—Subsection (d) of such 

25 section is amended— 

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1 (A) in paragraph (1)(A), by striking ‘‘not 

2 more than $2,000,000’’ and inserting ‘‘not 

3 more than $4,000,000, notwithstanding sub4 section (c)’’; and 

5 (B) in paragraph (2), by striking ‘‘(2)’’ 

6 and inserting ‘‘(2) For purposes of this sub7 section, an unspecified minor military construc8 tion project is a military construction project 

9 that (notwithstanding subsection (a)) has an 

10 approved cost equal to or less than 

11 $4,000,000.’’. 

12 (2) EFFECTIVE DATE.—The amendments made 

13 by paragraph (1) do not apply to any laboratory re14 vitalization project for which the design phase has 

15 been completed as of the date of the enactment of 

16 this Act. 

17 SEC. 2802. CHANGE IN AUTHORITIES RELATING TO UN18 SPECIFIED MINOR CONSTRUCTION. 

19 Section 2805 of title 10, United States Code, is 

20 amended by adding at the end the following new sub21 section: 

22 ‘‘(f) ADJUSTMENTS FOR LOCATION.—The dollar limi23 tations specified in subsections (a) through (d) shall be 

24 adjusted to reflect the appropriate area construction cost 

25 index for military construction projects published by the 

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1 Department of Defense. The appropriate cost index shall 

2 be the factor published during the prior fiscal year that 

3 applies to the location of the project.’’. 

4 SEC. 2803. CHANGE IN AUTHORITIES RELATING TO SCOPE 

5 OF WORK VARIATIONS FOR MILITARY CON6 STRUCTION PROJECTS. 

7 (a) LIMITED AUTHORITY FOR SCOPE OF WORK IN8 CREASE.—Section 2853 of title 10, United States Code, 

9 is amended— 

10 (1) in subsection (b)(2), by striking ‘‘The scope 

11 of work’’ and inserting ‘‘Except as provided in sub12 section (d), the scope of work’’; 

13 (2) by redesignating subsection (d) as sub14 section (e); and 

15 (3) by inserting after subsection (c) the fol16 lowing new subsection (d): 

17 ‘‘(d) The limitation in subsection (b)(2) on an in18 crease in the scope of work does not apply if— 

19 ‘‘(1) the increase in the scope of work is not 

20 more than 10 percent of the amount specified for 

21 that project, construction, improvement, or acquisi22 tion in the justification data provided to Congress as 

23 part of the request for authorization of the project, 

24 construction, improvement, or acquisition; 

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1 ‘‘(2) the increase is approved by the Secretary 

2 concerned; 

3 ‘‘(3) the Secretary concerned notifies the appro4 priate committees of Congress in writing of the in5 crease in scope and the reasons therefor; and 

6 ‘‘(4) a period of 21 days has elapsed after the 

7 date on which the notification is received by the 

8 committees or, if over sooner, a period of 14 days 

9 has elapsed after the date on which a copy of the 

10 notification is provided in an electronic medium pur11 suant to section 480 of this title.’’. 

12 (b) CROSS-REFERENCE AMENDMENT.—Subsection 

13 (a) of such section is amended by striking ‘‘or (d)’’ and 

14 inserting ‘‘or (e)’’. 

15 SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHOR16 ITY TO USE OPERATION AND MAINTENANCE 

17 FUNDS FOR CONSTRUCTION PROJECTS IN 

18 CERTAIN AREAS OUTSIDE THE UNITED 

19 STATES. 

20 (a) LIMITATION OF AUTHORITY.—Effective on Octo21 ber 1, 2013, subsection (c)(1) of section 2808 of the Mili22 tary Construction Authorization Act for Fiscal Year 2004 

23 (division B of Public Law 108–136; 117 Stat. 1723), as 

24 most recently amended by section 2804 of the Military 

25 Construction Authorization Act for Fiscal Year 2013 (dimstockstill on DSK4VPTVN1PROD with BILLS

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1 vision B of Public law 112–239; 126 Stat. 2149), is 

2 amended by striking ‘‘shall not exceed $200,000,000 in 

3 a fiscal year’’ and inserting ‘‘shall not exceed 

4 $100,000,000 between October 1, 2013 and December 31, 

5 2014’’. 

6 (b) EXTENSION OF AUTHORITY.—Subsection (h) of 

7 such section is amended— 

8 (1) in paragraph (1), by striking ‘‘September 

9 30, 2013’’ and inserting ‘‘December 31, 2014’’; and 

10 (2) in paragraph (2), by striking ‘‘fiscal year 

11 2014’’ and inserting ‘‘fiscal year 2015’’. 

12 (c) TECHNICAL AMENDMENT.—Subsection (i) of 

13 such section is amended to read as follows: 

14 ‘‘(i) DEFINITIONS.—In this section: 

15 ‘‘(1) The term ‘area of responsibility’, with re16 spect to the Combined Joint Task Force-Horn of Af17 rica, is Kenya, Somalia, Ethiopia, Eritrea, Djibouti, 

18 Seychelles, Burundi, Rwanda, Tanzania, and Ugan19 da. 

20 ‘‘(2) The term ‘area of interest’, with respect to 

21 the Combined Joint Task Force-Horn of Africa, is 

22 Yemen, Mauritius, Madagascar, Mozambique, 

23 Comoros, Chad, the Democratic Republic of Congo, 

24 Central African Republic, Egypt, Sudan, and South 

25 Sudan.’’. 

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1 Subtitle B—Real Property and 

2 Facilities Administration 

3 SEC. 2811. AUTHORITY FOR ACCEPTANCE OF FUNDS TO 

4 COVER ADMINISTRATIVE EXPENSES ASSOCI5 ATED WITH REAL PROPERTY LEASES AND 

6 EASEMENTS. 

7 (a) AUTHORITY.—Subsection (e)(1)(C) of section 

8 2667 of title 10, United States Code, is amended by add9 ing at the end the following new clause: 

10 ‘‘(vi) Amounts as the Secretary con11 siders necessary to cover program expenses 

12 incurred by the Secretary under this sec13 tion and for easements under section 2668 

14 of this title.’’. 

15 (b) PROGRAM EXPENSES DEFINED.—Subsection (i) 

16 of such section is amended— 

17 (1) by redesignating paragraph (4) as para18 graph (5); and 

19 (2) by inserting after paragraph (3) the fol20 lowing new paragraph (4): 

21 ‘‘(4) The term ‘program expenses’ includes ex22 penses related to developing, assessing, negotiating, 

23 executing, and managing lease and easement trans24 actions, but does not include Government personnel 

25 costs.’’. 

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1 SEC. 2812. APPLICATION OF CASH PAYMENTS RECEIVED 

2 FOR UTILITIES AND SERVICES. 

3 Section 2872a(c)(2) of title 10, United States Code, 

4 is amended by striking ‘‘from which the cost of furnishing 

5 the utilities or services concerned was paid’’ and inserting 

6 ‘‘currently available for the purpose of furnishing utilities 

7 or services under subsection (a)’’. 

8 SEC. 2813. ACQUISITION OF REAL PROPERTY AT NAVAL 

9 BASE VENTURA COUNTY, CALIFORNIA. 

10 (a) AUTHORITY.—The Secretary of the Navy may ac11 quire all right, title, and interest to property and improve12 ments at Naval Base Ventura County, California, con13 structed pursuant to section 801 of Public Law 98–115. 

14 (b) USE.—Upon acquiring the real property under 

15 subsection (a), the Secretary may use the improvements 

16 as provided in sections 2835 and 2835a of title 10, United 

17 States Code. 

18 SEC. 2814. AUTHORITY TO PLAN, DESIGN, CONSTRUCT OR 

19 LEASE SHARED MEDICAL FACILITIES WITH 

20 DEPARTMENT OF VETERANS AFFAIRS. 

21 (a) AUTHORITY TO PLAN, DESIGN, AND CONSTRUCT

22 OR LEASE A SHARED MEDICAL FACILITY.— 

23 (1) IN GENERAL.—Chapter 55 of title 10, 

24 United States Code, is amended by inserting after 

25 section 1104 the following new section: 

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1 ‘‘§ 1104a. Shared medical facilities with Department 

2 of Veterans Affairs 

3 ‘‘(a) AGREEMENTS.—The Secretary of Defense may 

4 enter into agreements with the Secretary of Veterans Af5 fairs for the planning, design, and construction, or leasing, 

6 of facilities to be operated as shared medical facilities. 

7 ‘‘(b) TRANSFER OF FUNDS BY THE SECRETARY OF

8 DEFENSE.—(1) The Secretary of Defense may transfer 

9 to the Secretary of Veterans Affairs amounts as follows: 

10 ‘‘(A) Amounts, not in excess of the amount au11 thorized by law for an unspecified minor military 

12 construction project, for a project for the construc13 tion of or for a shared medical facility if the amount 

14 of the share of the Department of Defense for the 

15 estimated cost of the project does not exceed the 

16 amount authorized under section 2805 of this title 

17 and if the other requirements of such section have 

18 been met with respect to funds identified for trans19 fer. 

20 ‘‘(B) Amounts appropriated for the Defense 

21 Health Program for the purpose of construction, 

22 planning, and design, or the leasing of space, for a 

23 shared medical facility. 

24 ‘‘(2) The authority to transfer funds under this sec25 tion is in addition to any other authority to transfer avail26 able to the Secretary of Defense. 

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1 ‘‘(3) Section 2215 of this title does not apply to a 

2 transfer under this subsection. 

3 ‘‘(c) TRANSFER OF FUNDS TO THE SECRETARY OF

4 DEFENSE.— 

5 ‘‘(1) Any amount transferred under section 

6 8111B of title 38 to the Secretary of Defense by the 

7 Secretary of Veterans Affairs for the necessary ex8 penses of a construction project for a shared medical 

9 facility, where the amount of the share of the De10 partment of Defense for the cost of such project 

11 does not exceed the amount specified in section 

12 2805(a)(2) of this title, may be credited to accounts 

13 of the Department of Defense available for the con14 struction of or for a shared medical facility. 

15 ‘‘(2) Amounts transferred under section 8111B 

16 of title 38 to the Secretary of Defense by the Sec17 retary of Veterans Affairs for the purpose of plan18 ning, and design, or the leasing of space, of or for 

19 a shared medical facility may be credited to accounts 

20 of the Department of Defense available for such pur21 poses, and used of such purposes. 

22 ‘‘(3) Using accounts credited with transfers 

23 from the Secretary of Veterans Affairs under para24 graph (1), the Secretary of Defense may carry out 

25 unspecified minor military construction projects that 

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1 have an approved cost not more than $12,000,000, 

2 so long as the share of the Department of Defense 

3 for the cost of such project does not exceed the 

4 amount specified in section 2805(a)(2) of this title. 

5 ‘‘(d) MERGER OF AMOUNTS TRANSFERRED.—Any 

6 amount transferred to the Secretary of Veterans Affairs 

7 pursuant to subsection (b), and any amount transferred 

8 to the Secretary of Defense as described in subsection (c), 

9 shall be merged with, and be available for the same pur10 poses and the same time period as, the appropriation or 

11 fund to which transferred. 

12 ‘‘(e) DEFINITION.—In this section, the term ‘shared 

13 medical facility’ means a building or buildings, or a cam14 pus, intended to be used by both the Department of De15 fense and the Department of Veterans Affairs for the pro16 vision of health-care services, whether under the jurisdic17 tion of the Secretary of Defense or the Secretary of Vet18 erans Affairs, and whether or not located on a military 

19 installation or on real property under the jurisdiction of 

20 the Secretary of Veterans Affairs. Such term includes any 

21 necessary building and auxiliary structure, garage, park22 ing facility, mechanical equipment, abutting sidewalks, 

23 and accommodations for attending personnel.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of such chapter is amended 

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1 by inserting after the item relating to section 1104 

2 the following new item: 

‘‘1104a. Shared medical facilities with Department of Veterans Affairs.’’. 

3 (b) CONFORMING AMENDMENT.—Section 2801 of 

4 title 10, United States Code, is amended— 

5 (1) in subsection (a), by inserting ‘‘or property 

6 under the control of the Secretary of Veterans Af7 fairs for shared medical facilities,’’ after ‘‘with re8 spect to a military installation,’’; and 

9 (2) in subsection (b), by inserting ‘‘, including 

10 a shared medical facility with the Department of 

11 Veterans Affairs pursuant to section 1104a of this 

12 title and section 8111B of title 38,’’ after ‘‘existing 

13 facility’’. 

14 SEC. 2815. CHANGE FROM CALENDAR YEAR TO FISCAL 

15 YEAR FOR ANNUAL REPORT OF INTER16 AGENCY COORDINATION GROUP OF INSPEC17 TORS GENERAL FOR GUAM REALIGNMENT. 

18 Section 2835(e)(1) of the National Defense Author19 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

20 Stat. 2674; 10 U.S.C. 2687 note) is amended by striking 

21 ‘‘calendar year’’ and inserting ‘‘fiscal year’’. 

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1 SEC. 2816. PROMOTION OF INTERAGENCY COOPERATION 

2 TO CONSERVE LAND AND NATURAL RE3 SOURCES AND SUSTAIN MILITARY READI4 NESS. 

5 Section 2684a(d)(4) of title 10, United States Code, 

6 is amended by adding at the end the following new sub7 paragraph: 

8 ‘‘(F) Notwithstanding any other provision 

9 of law relating to matching funds or cost-share 

10 requirements, funds provided by the Secretary 

11 of Defense or the Secretary of a military de12 partment pursuant to an agreement under this 

13 section may, with regard to the lands or waters 

14 within the scope of the agreement, be used by 

15 the recipient of such funds to satisfy any 

16 matching funds or cost-share requirement of 

17 any program administered by the Department 

18 of Agriculture for the purpose of protecting or 

19 enhancing habitat, forests, agricultural lands, 

20 or wetlands.’’. 

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1 Subtitle C—Land Withdrawals 

2 SEC. 2821. MILITARY LAND WITHDRAWALS AND CODIFICA3 TION OF STATUTORY PROVISIONS RELATING 

4 TO CHINA LAKE, LIMESTONE HILLS, CHOCO5 LATE MOUNTAIN, AND TWENTYNINE PALMS. 

6 (a) MILITARY LAND WITHDRAWALS AND CREATION

7 OF NEW CHAPTER.—Subtitle A of title 10, United States 

8 Code, is amended by inserting after chapter 173 the fol9 lowing new chapter: 

10 ‘‘CHAPTER 174—LAND WITHDRAWALS 

‘‘Subchapter 

‘‘I. General Provisions .............................................................................. 2931 

‘‘II. China Lake, California ...................................................................... 2955 

‘‘III. Limestone Hills, Montana ................................................................ 2957 

‘‘IV. Chocolate Mountain, California ........................................................ 2959 

‘‘V. Twentynine Palms, California ............................................................ 2961 

11 ‘‘SUBCHAPTER I—GENERAL PROVISIONS 

‘‘Sec. 

‘‘2931. General applicability; definition. 

‘‘2932. Maps and legal descriptions. 

‘‘2933. Access restrictions. 

‘‘2934. Changes in use. 

‘‘2935. Authorizations for nondefense-related uses. 

‘‘2936. Brush and range fire prevention and suppression. 

‘‘2937. On-going decontamination. 

‘‘2938. Water rights. 

‘‘2939. Hunting, fishing, and trapping. 

‘‘2940. Limitation on extensions and renewals. 

‘‘2941. Application for renewal of a withdrawal and reservation. 

‘‘2942. Limitation on subsequent availability of lands for appropriation. 

‘‘2943. Relinquishment. 

‘‘2944. Interchanges and transfers of Federal lands. 

‘‘2945. Delegability by the Secretary of the Interior. 

‘‘2946. Land withdrawals; immunity of the United States. 

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1 ‘‘§ 2931. General applicability; definition 

2 ‘‘(a) APPLICABILITY OF SUBCHAPTER.—The provi3 sions of this subchapter apply to any withdrawal made by 

4 this chapter. 

5 ‘‘(b) RULES OF CONSTRUCTION.—(1) Except as may 

6 be provided pursuant to section 2944 of this title, nothing 

7 in this chapter shall be construed as assigning manage8 ment of real property under the administrative jurisdiction 

9 of the Secretary concerned to the Secretary of the Interior. 

10 ‘‘(2) The terms ‘manage’ and ‘management’, when 

11 used in reference to lands withdrawn and reserved by this 

12 chapter, include the authority to exercise jurisdiction, cus13 tody, and control over those lands in accordance with this 

14 title, except that those terms do not include authority for 

15 land disposal. 

16 ‘‘(c) DEFINITION.—In this chapter, the term ‘Indian 

17 tribe’ has the meaning given such term in section 102 of 

18 the Federally Recognized Indian Tribe List Act of 1994 

19 (25 U.S.C. 479a). 

20 ‘‘§ 2932. Maps and legal descriptions 

21 ‘‘(a) PREPARATION OF MAPS AND LEGAL DESCRIP22 TIONS.—As soon as practicable after the date of the enact23 ment of a subchapter of this chapter, the Secretary of the 

24 Interior shall— 

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1 ‘‘(1) publish in the Federal Register a notice 

2 containing the legal description of the lands with3 drawn and reserved by such subchapter; and 

4 ‘‘(2) file a map or maps and legal description 

5 of the lands withdrawn and reserved by such sub6 chapter with the Committee on Armed Services and 

7 the Committee on Energy and Natural Resources of 

8 the Senate and the Committee on Armed Services 

9 and the Committee on Natural Resources of the 

10 House of Representatives. 

11 ‘‘(b) LEGAL EFFECT.—Such maps and legal descrip12 tions shall have the same force and effect as if they were 

13 included in this chapter, except that the Secretary of the 

14 Interior may correct clerical and typographical errors in 

15 such maps and legal descriptions. 

16 ‘‘(c) AVAILABILITY.—Copies of such maps and legal 

17 descriptions shall be available for public inspection— 

18 ‘‘(1) in the appropriate offices of the Bureau of 

19 Land Management; 

20 ‘‘(2) in the office of the commanding officer of 

21 the military installation at which the lands are with22 drawn; and 

23 ‘‘(3) if the military installation is under the 

24 management of the National Guard, in the office of 

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1 the Adjutant General of the State in which the in2 stallation is located. 

3 ‘‘(d) COSTS.—The Secretary concerned shall reim4 burse the Secretary of the Interior for the costs incurred 

5 by the Secretary of the Interior in implementing this sec6 tion. 

7 ‘‘§ 2933. Access restrictions 

8 ‘‘(a) IN GENERAL.—If the Secretary concerned deter9 mines that military operations, public safety, or national 

10 security require the closure to the public of any road, trail, 

11 or other portion of the lands withdrawn and reserved by 

12 a subchapter of this chapter, the Secretary may take such 

13 action as the Secretary determines necessary or desirable 

14 to effect and maintain such closure. 

15 ‘‘(b) LIMITATION.—Any closure under subsection (a) 

16 shall be limited to the minimum areas and periods that 

17 the Secretary concerned determines are required for the 

18 purposes specified in such subsection. 

19 ‘‘(c) CONSULTATION.—(1) Before a closure under 

20 this section is implemented, the Secretary concerned shall 

21 consult with the Secretary of the Interior. 

22 ‘‘(2) In a case in which such a closure may affect 

23 access to or use of sacred sites or resources considered 

24 important by an Indian tribe, the Secretary concerned 

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1 shall consult, at the earliest practicable time, with that 

2 tribe. 

3 ‘‘(3) No consultation is required under paragraph (1) 

4 or (2)— 

5 ‘‘(A) if the closure is already provided for in an 

6 integrated natural resources management plan, an 

7 installation cultural resources management plan, or 

8 a land use management plan; or 

9 ‘‘(B) in the case of an emergency, as deter10 mined by the Secretary concerned. 

11 ‘‘(d) NOTICE.—Immediately preceding and during 

12 any closure under subsection (a), the Secretary concerned 

13 shall post appropriate warning notices and take other 

14 steps, as necessary, to notify the public of the closure. 

15 ‘‘§ 2934. Changes in use 

16 ‘‘(a) OTHER USES AUTHORIZED.—The Secretary 

17 concerned may authorize the use of lands withdrawn and 

18 reserved by a subchapter of this chapter for defense-re19 lated purposes in addition to the purposes specified in 

20 such subchapter. 

21 ‘‘(b) NOTICE TO SECRETARY OF THE INTERIOR.— 

22 The Secretary concerned shall promptly notify the Sec23 retary of the Interior in the event that the lands with24 drawn and reserved by a subchapter of this chapter will 

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1 be used for additional defense-related purposes. Such noti2 fication shall indicate— 

3 ‘‘(1) the additional use or uses involved; 

4 ‘‘(2) the planned duration of such additional 

5 uses; and 

6 ‘‘(3) the extent to which such additional uses 

7 will require that additional or more stringent condi8 tions or restrictions be imposed on otherwise-per9 mitted non-defense-related uses of the withdrawn 

10 and reserved lands or portions thereof. 

11 ‘‘§ 2935. Authorizations for nondefense-related uses 

12 ‘‘(a) AUTHORIZATIONS BY THE SECRETARY OF THE

13 INTERIOR.—Subject to the applicable withdrawals con14 tained in each subchapter of this chapter, with the consent 

15 of the Secretary concerned, the Secretary of the Interior 

16 may authorize the use, occupancy, or development of the 

17 lands withdrawn and reserved by this chapter. 

18 ‘‘(b) AUTHORIZATIONS BY THE SECRETARY CON19 CERNED.—The Secretary concerned may authorize the 

20 use, occupancy, or development of the lands withdrawn 

21 and reserved by this chapter— 

22 ‘‘(1) for a defense-related purpose; or 

23 ‘‘(2) subject to the consent of the Secretary of 

24 the Interior, for a non-defense-related purpose. 

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1 ‘‘(c) FORM OF AUTHORIZATION.—An authorization 

2 under this section may be provided by lease, easement, 

3 right-of-way, permit, license, or other instrument author4 ized by law. 

5 ‘‘(d) PREVENTION OF DRAINAGE OF OIL OR GAS RE6 SOURCES.—For the purpose of preventing drainage of oil 

7 or gas resources, the Secretary of the Interior may lease 

8 lands otherwise withdrawn from operation of the mineral 

9 leasing laws and reserved for defense-related purposes 

10 under this chapter, under such terms and conditions as 

11 the Secretary considers appropriate. No surface occupancy 

12 may be approved by the Secretary of the Interior without 

13 the consent of the Secretary concerned. The Secretary of 

14 the Interior may unitize or consent to communitization of 

15 such lands. The Secretary of the Interior may promulgate 

16 regulations to implement this subsection. 

17 ‘‘§ 2936. Brush and range fire prevention and sup18 pression 

19 ‘‘(a) REQUIRED ACTIVITIES.—The Secretary con20 cerned shall, consistent with any applicable land manage21 ment plan, take necessary precautions to prevent, and ac22 tions to suppress, brush and range fires occurring as a 

23 result of military activities on the lands withdrawn and 

24 reserved by this chapter, including fires outside those 

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1 lands that spread from the withdrawn and reserved lands 

2 and which occurred as a result of such activities. 

3 ‘‘(b) COOPERATION OF SECRETARY OF THE INTE4 RIOR.—At the request of the Secretary concerned, the Sec5 retary of the Interior shall provide assistance in the sup6 pression of such fires and shall be reimbursed for such 

7 assistance by the Secretary concerned. Notwithstanding 

8 section 2215 of this title, the Secretary concerned may 

9 transfer to the Secretary of the Interior, in advance, funds 

10 to reimburse the costs of the Department of the Interior 

11 in providing such assistance. 

12 ‘‘§ 2937. On-going decontamination 

13 ‘‘Throughout the duration of a withdrawal and res14 ervation of lands under this chapter, the Secretary con15 cerned shall maintain, to the extent funds are available 

16 for such purpose, a program of decontamination of con17 tamination caused by defense-related uses on such lands 

18 consistent with applicable Federal and State law. The Sec19 retary of Defense shall include a description of such de20 contamination activities in the annual report required by 

21 section 2711 of this title. 

22 ‘‘§ 2938. Water rights 

23 ‘‘(a) NO RESERVATION CREATED.—Nothing in this 

24 chapter shall be construed— 

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1 ‘‘(1) to establish a reservation in favor of the 

2 United States with respect to any water or water 

3 right on the lands withdrawn and reserved by this 

4 chapter; or 

5 ‘‘(2) to authorize the appropriation of water on 

6 such lands except in accordance with applicable 

7 State law. 

8 ‘‘(b) EFFECT ON PREVIOUSLY ACQUIRED OR RE9 SERVED WATER RIGHTS.—This section shall not be con10 strued to affect any water rights acquired or reserved by 

11 the United States before the date of the enactment of the 

12 applicable subchapter of this chapter, and the Secretary 

13 concerned may exercise any such previously acquired or 

14 reserved water rights. 

15 ‘‘§ 2939. Hunting, fishing, and trapping 

16 ‘‘Section 2671 of this title shall apply to all hunting, 

17 fishing, and trapping on the lands withdrawn and reserved 

18 by this chapter and for which management has been as19 signed to the Secretary concerned. 

20 ‘‘§ 2940. Limitation on extensions and renewals 

21 ‘‘The withdrawals and reservations established by 

22 this chapter may not be extended or renewed except by 

23 a law enacted by Congress. 

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1 ‘‘§ 2941. Application for renewal of a withdrawal and 

2 reservation 

3 ‘‘(a) NOTICE.—To the extent practicable, no later 

4 than five years before the termination of a withdrawal and 

5 reservation established by a subchapter of this chapter, 

6 the Secretary concerned shall notify the Secretary of the 

7 Interior as to whether or not the Secretary concerned will 

8 have a continuing defense-related need for any of the lands 

9 withdrawn and reserved by such subchapter after the ter10 mination date of such withdrawal and reservation. The 

11 Secretary concerned shall provide a copy of the notice to 

12 the Committee on Armed Services and the Committee on 

13 Energy and Natural Resources of the Senate and the 

14 Committee on Armed Services and the Committee on Nat15 ural Resources of the House of Representatives. 

16 ‘‘(b) FILING FOR EXTENSION.—If the Secretary con17 cerned concludes that there will be a continuing defense18 related need for any of such lands after the termination 

19 date, the Secretary shall file an application for extension 

20 of the withdrawal and reservation of such needed lands 

21 in accordance with the regulations and procedures of the 

22 Department of the Interior applicable to the extension of 

23 withdrawals. 

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1 ‘‘§ 2942. Limitation on subsequent availability of 

2 lands for appropriation 

3 ‘‘At the time of termination of a withdrawal and res4 ervation made by a subchapter of this chapter, the pre5 viously withdrawn lands shall not be open to any form of 

6 appropriation under the public land laws, including the 

7 mining laws and the mineral leasing and geothermal leas8 ing laws, until the Secretary of the Interior publishes in 

9 the Federal Register an appropriate order specifying the 

10 date upon which such lands shall be restored to the public 

11 domain and opened for such purposes. 

12 ‘‘§ 2943. Relinquishment 

13 ‘‘(a) NOTICE OF INTENTION TO RELINQUISH.—If, 

14 during the period of withdrawal and reservation, the Sec15 retary concerned decides to relinquish any or all of the 

16 lands withdrawn and reserved by a subchapter of this 

17 chapter, the Secretary concerned shall file a notice of in18 tention to relinquish with the Secretary of the Interior. 

19 ‘‘(b) DETERMINATION OF CONTAMINATION.—As a 

20 part of the notice under subsection (a), the Secretary con21 cerned shall include a written determination concerning 

22 whether and to what extent the lands that are to be relin23 quished are contaminated with explosive materials or toxic 

24 or hazardous substances. 

25 ‘‘(c) PUBLIC NOTICE.—The Secretary of the Interior 

26 shall publish in the Federal Register the notice of intenmstockstill on DSK4VPTVN1PROD with BILLS

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1 tion to relinquish, including the determination concerning 

2 the contaminated state of the lands. 

3 ‘‘(d) DECONTAMINATION OF LANDS TO BE RELIN4 QUISHED.— 

5 ‘‘(1) DECONTAMINATION REQUIRED.—If land 

6 subject of a notice of intention to relinquish pursu7 ant to subsection (a) is contaminated, and the Sec8 retary of the Interior, in consultation with the Sec9 retary concerned, determines that decontamination 

10 is practicable and economically feasible (taking into 

11 consideration the potential future use and value of 

12 the land) and that, upon decontamination, the land 

13 could be opened to operation of some or all of the 

14 public land laws, including the mining laws and the 

15 mineral leasing and geothermal leasing laws, the 

16 Secretary concerned shall decontaminate the land to 

17 the extent that funds are appropriated for such pur18 pose. 

19 ‘‘(2) ALTERNATIVES.—If the Secretary of the 

20 Interior, after consultation with the Secretary con21 cerned, concludes that decontamination of land sub22 ject of a notice of intention to relinquish pursuant 

23 to subsection (a) is not practicable or economically 

24 feasible, or that the land cannot be decontaminated 

25 sufficiently to be opened to operation of some or all 

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1 of the public land laws, or if Congress does not ap2 propriate sufficient funds for the decontamination of 

3 such land, the Secretary of the Interior shall not be 

4 required to accept the land proposed for relinquish5 ment. 

6 ‘‘(3) STATUS OF CONTAMINATED LANDS UPON

7 TERMINATION.—If, because of their contaminated 

8 state, the Secretary of the Interior declines to accept 

9 the lands withdrawn and reserved by a subchapter 

10 of this chapter which have been proposed for relin11 quishment, or if at the expiration of the withdrawal 

12 and reservation made by such subchapter the Sec13 retary of the Interior determines that some of the 

14 lands withdrawn and reserved by such subchapter 

15 are contaminated to an extent which prevents open16 ing such contaminated lands to operation of the pub17 lic land laws— 

18 ‘‘(A) the Secretary concerned shall take 

19 appropriate steps to warn the public of the con20 taminated state of such lands and any risks as21 sociated with entry onto such lands; 

22 ‘‘(B) after the expiration of the withdrawal 

23 and reservation, the Secretary concerned shall 

24 undertake no activities on such lands except in 

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1 connection with decontamination of such lands; 

2 and 

3 ‘‘(C) the Secretary concerned shall report 

4 to the Secretary of the Interior and to the Con5 gress concerning the status of such lands and 

6 all actions taken in furtherance of this para7 graph. 

8 ‘‘(e) REVOCATION AUTHORITY.—Upon deciding that 

9 it is in the public interest to accept the lands proposed 

10 for relinquishment pursuant to subsection (a), the Sec11 retary of the Interior may order the revocation of a with12 drawal and reservation established by a subchapter of this 

13 chapter as it applies to such lands. The Secretary of the 

14 Interior shall publish in the Federal Register the revoca15 tion order, which shall— 

16 ‘‘(1) terminate the withdrawal and reservation; 

17 ‘‘(2) constitute official acceptance of the lands 

18 by the Secretary of the Interior; and 

19 ‘‘(3) state the date upon which the lands will be 

20 opened to the operation of some or all of the public 

21 land laws, including the mining laws. 

22 ‘‘(f) ACCEPTANCE BY SECRETARY OF THE INTE23 RIOR.—Nothing in this section shall be construed to re24 quire the Secretary of the Interior to accept the lands pro25 posed for relinquishment if the Secretary determines that 

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1 such lands are not suitable for return to the public do2 main. If the Secretary makes such a determination, the 

3 Secretary shall provide notice of the determination to Con4 gress. 

5 ‘‘§ 2944. Interchanges and transfers of Federal lands 

6 ‘‘(a) AUTHORITY.—The Secretary of the Interior and 

7 the Secretary concerned may interchange or transfer be8 tween each other parcels of Federal land under their juris9 diction. A parcel may include multiple non-contiguous 

10 pieces of Federal lands. 

11 ‘‘(b) CONDITIONS.—Any interchange or transfer of 

12 land under this section is subject to the following condi13 tions: 

14 ‘‘(1) The Secretary of the Interior and the Sec15 retary concerned must each determine that the 

16 interchange or transfer is to the benefit of their re17 spective department and in the public interest. 

18 ‘‘(2) Both parcels of land to be interchanged 

19 must, before the interchange, be located on the same 

20 military installation. 

21 ‘‘(3) Both parcels of land to be interchanged 

22 must be of approximately the same acreage. 

23 ‘‘(4) The parcel to be transferred must be lo24 cated on the military installation to which it is 

25 transferred. 

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1 ‘‘(5) The parcel interchanged or transferred by 

2 the Secretary of the Interior must be part of the 

3 lands withdrawn and reserved by this chapter. 

4 ‘‘(6) The parcel interchanged or transferred by 

5 the Secretary concerned must be under the adminis6 trative jurisdiction of the Secretary concerned and 

7 excess to the needs of the Department of Defense. 

8 ‘‘(7) During the term of a withdrawal, no more 

9 than 5,000 acres may be transferred under this sec10 tion by one Secretary to the other on any one mili11 tary installation. 

12 ‘‘(c) STATUS OF FEDERAL LAND AFTER INTER13 CHANGE.—Upon completion of an interchange or transfer 

14 under this section— 

15 ‘‘(1) at the discretion of the Secretary of the 

16 Interior, a parcel received by the Secretary of the 

17 Interior may— 

18 ‘‘(A) become withdrawn and reserved lands 

19 under the provisions of this chapter; or 

20 ‘‘(B) be managed as public lands under the 

21 provisions of the Federal Land Policy and Man22 agement Act (43 U.S.C. 1701 et seq.) and 

23 other applicable law; and 

24 ‘‘(2) a parcel received by the Secretary con25 cerned shall— 

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1 ‘‘(A) cease to be part of the public lands 

2 and lands withdrawn and reserved by this chap3 ter; and 

4 ‘‘(B) be treated as property under section 

5 102(9) of title 40 under the administrative ju6 risdiction of the Secretary concerned. 

7 ‘‘(d) EQUALIZATION PAYMENTS.—Neither the Sec8 retary of the Interior nor the Secretary concerned may 

9 make an equalization payment to further a land inter10 change or transfer under this section. 

11 ‘‘§ 2945. Delegability by the Secretary of the Interior 

12 ‘‘The Secretary of the Interior may delegate the Sec13 retary’s functions under this chapter, except that an order 

14 pursuant to section 2942 of this title and a revocation 

15 order pursuant to section 2943(e) of this title may be ap16 proved and signed only by individuals in the Office of the 

17 Secretary who have been appointed by the President, by 

18 and with the advice and consent of the Senate. 

19 ‘‘§ 2946. Land withdrawals; immunity of the United 

20 States 

21 ‘‘The United States and all departments and agencies 

22 thereof, and their officers and employees, shall be held 

23 harmless and shall not be liable for any injuries or dam24 ages to persons or property suffered in the course of any 

25 mining or mineral or geothermal leasing activity or other 

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1 authorized non-defense-related activity conducted on lands 

2 withdrawn and reserved by this chapter. 

3 ‘‘SUBCHAPTER II—CHINA LAKE, CALIFORNIA 

‘‘Sec. 

‘‘2955a. Withdrawal and reservation. 

‘‘2955b. Management of withdrawn and reserved lands. 

‘‘2955c. Duration of withdrawal and reservation. 

4 ‘‘§ 2955a. Withdrawal and reservation 

5 ‘‘(a) WITHDRAWAL.—(1) Subject to valid existing 

6 rights and except as otherwise provided in this subchapter, 

7 the public lands and interests in lands described in sub8 section (c), and all other areas within the boundary of 

9 such lands as depicted on the map provided for by section 

10 2932 of this title which may become subject to the oper11 ation of the public land laws, are hereby withdrawn from 

12 all forms of appropriation under the public land laws, in13 cluding the mining laws and the mineral leasing laws. 

14 ‘‘(b) RESERVATION.—The lands withdrawn by sub15 section (a) are reserved for use by the Secretary of the 

16 Navy for the following purposes: 

17 ‘‘(1) Use as a research, development, test, and 

18 evaluation laboratory. 

19 ‘‘(2) Use as a range for air warfare weapons 

20 and weapon systems. 

21 ‘‘(3) Use as a high hazard testing and training 

22 area for aerial gunnery, rocketry, electronic warfare 

23 and countermeasures, tactical maneuvering and air 

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1 support, and directed energy and unmanned aerial 

2 systems. 

3 ‘‘(4) Geothermal leasing, development, and re4 lated power production activities. 

5 ‘‘(5) Other defense-related purposes consistent 

6 with the purposes specified in the preceding para7 graphs and authorized pursuant to section 2934 of 

8 this title. 

9 ‘‘(c) LAND DESCRIPTION.—The public lands and in10 terests in lands referred to in subsection (a) are the Fed11 eral lands located within the boundaries of the Naval Air 

12 Weapons Station China Lake, comprising approximately 

13 1,030,000 acres in Inyo, Kern, and San Bernardino Coun14 ties, California, as generally depicted on a map entitled 

15 ‘Naval Air Weapons Station China Lake Withdrawal—Re16 newal’, dated XX, xx, 2012, and filed in accordance with 

17 section 2932 of this title. 

18 ‘‘§ 2955b. Management of withdrawn and reserved 

19 lands 

20 ‘‘(a) MANAGEMENT BY THE SECRETARY OF THE IN21 TERIOR.—(1) Except as provided in subsection (b), during 

22 the period of the withdrawal and reservation of lands by 

23 this subchapter, the Secretary of the Interior shall manage 

24 the lands withdrawn and reserved by section 2955a of this 

25 title in accordance with this chapter, the Federal Land 

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1 Policy and Management Act of 1976 (43 U.S.C. 1701 et 

2 seq.), and other applicable law. 

3 ‘‘(2) To the extent consistent with applicable law and 

4 Executive orders, the lands withdrawn by section 2955a 

5 of this title may be managed in a manner permitting the 

6 following activities: 

7 ‘‘(A) Grazing. 

8 ‘‘(B) Protection of wildlife and wildlife habitat. 

9 ‘‘(C) Preservation of cultural properties. 

10 ‘‘(D) Control of predatory and other animals. 

11 ‘‘(E) Recreation and education. 

12 ‘‘(F) Prevention and appropriate suppression of 

13 brush and range fires resulting from non-military 

14 activities. 

15 ‘‘(G) Geothermal leasing and development and 

16 related power production activities. 

17 ‘‘(3) All non-defense-related uses of such lands, in18 cluding the uses described in paragraph (2), shall be sub19 ject to such conditions and restrictions as may be nec20 essary to permit the defense-related use of such lands for 

21 the purposes specified in or authorized pursuant to this 

22 chapter. 

23 ‘‘(b) ASSIGNMENT OF MANAGEMENT.—(1) The Sec24 retary of the Interior may assign the management respon25 sibility, in whole or in part, for the lands withdrawn and 

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1 reserved by section 2955a of this title to the Secretary 

2 of the Navy who, if so assigned, shall manage such lands 

3 in accordance with this title, title I of the Sikes Act (16 

4 U.S.C. 670a et seq.), the Federal Land Policy and Man5 agement Act of 1976, and cooperative management ar6 rangements between the Secretary of the Interior and the 

7 Secretary of the Navy. Nothing in this subsection or sec8 tion 2935 of this title shall affect geothermal leases issued 

9 by the Secretary of the Interior before the date of the en10 actment of this subchapter, or the responsibility of the 

11 Secretary of the Interior to administer and manage such 

12 leases, consistent with the provisions of this section. 

13 ‘‘(2) The Secretary of the Interior shall be respon14 sible for the issuance of any lease, easement, right-of-way, 

15 permit, license, or other instrument authorized by law with 

16 respect to any activity which involves both the lands with17 drawn and reserved by section 2955a of this title and any 

18 other lands not under the administrative jurisdiction of 

19 the Secretary of the Navy. Any such authorization shall 

20 be issued only with the consent of the Secretary of the 

21 Navy and shall be subject to such conditions as the Sec22 retary of the Navy may prescribe with regard to those 

23 lands withdrawn and reserved by section 2955a of this 

24 title. 

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1 ‘‘(3) Neither this chapter nor any other provision of 

2 law shall be construed to prohibit the Secretary of the In3 terior from issuing and administering any lease pursuant 

4 to the Geothermal Steam Act of 1970 (30 U.S.C. 1001 

5 et seq.) and other applicable law for the development and 

6 utilization of geothermal steam and associated geothermal 

7 resources on the lands withdrawn and reserved by section 

8 2955a of this title, but such a lease may not be issued 

9 without the concurrence of the Secretary of the Navy. 

10 ‘‘(4) This chapter shall not affect the geothermal ex11 ploration and development authority of the Secretary of 

12 the Navy under section 2917 of this title with respect to 

13 the lands withdrawn and reserved by section 2955a, except 

14 that the Secretary of the Navy shall obtain the concur15 rence of the Secretary of the Interior before taking action 

16 under section 2917. 

17 ‘‘(5) Upon the expiration of the withdrawal and res18 ervation or upon the relinquishment of the lands with19 drawn and reserved by section 2955a of this title, Navy 

20 contracts for the development of geothermal resources at 

21 Naval Air Weapons Station China Lake then in effect (as 

22 amended or renewed by the Navy after the date of the 

23 enactment of this subchapter) shall remain in effect, ex24 cept that the Secretary of the Interior, with the consent 

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1 of the Secretary of the Navy, may offer to substitute a 

2 standard geothermal lease for any such contract. 

3 ‘‘(6) Any lease made pursuant to section 2935(d) of 

4 this title of lands withdrawn and reserved by section 

5 2955a of this title shall require the concurrence of the Sec6 retary of the Navy if the Secretary determines that the 

7 proposed lease may interfere with geothermal resources on 

8 those lands. 

9 ‘‘(7) The Secretary of the Navy shall be responsible 

10 for the management of wild horses and burros located on 

11 the lands withdrawn and reserved by section 2955a of this 

12 title and may use helicopters and motorized vehicles for 

13 such purpose. Such management shall be conducted in ac14 cordance with laws applicable to such management on 

15 public lands. The Secretary of the Interior and the Sec16 retary of the Navy shall enter into an agreement for imple17 mentation of such management. 

18 ‘‘(c) CONTINUATION OF EXISTING AGREEMENT.— 

19 The agreement between the Secretary of the Interior and 

20 the Secretary of the Navy entered into before the date of 

21 the enactment of this subchapter pursuant to section 805 

22 of the California Military Lands Withdrawal and Over23 flights Act of 1994 shall continue in effect until the earlier 

24 of— 

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1 ‘‘(1) the date on which the Secretaries enter 

2 into a new agreement; or 

3 ‘‘(2) the date that is one year after the date of 

4 the enactment of this subchapter. 

5 ‘‘(d) COOPERATION IN DEVELOPMENT OF MANAGE6 MENT PLAN.—(1) The Secretary of the Navy and the Sec7 retary of the Interior shall update and maintain coopera8 tive arrangements concerning land resources and land 

9 uses on the lands withdrawn and reserved by section 

10 2955a of this title. 

11 ‘‘(2) Cooperative arrangements under paragraph (1) 

12 shall focus on and apply to sustainable management and 

13 protection of the natural and cultural resources and envi14 ronmental values found on such withdrawn and reserved 

15 lands, consistent with the defense-related purposes for 

16 which those lands are withdrawn and reserved. 

17 ‘‘(3) Each cooperative arrangement under paragraph 

18 (1) shall include a comprehensive land use management 

19 plan which shall integrate and be consistent with all appli20 cable law, including the requirements of title I of the Sikes 

21 Act and the Federal Land Policy and Management Act 

22 of 1976. Each such management plan shall be reviewed 

23 annually and shall be updated, as needed, in response to 

24 evolving management requirements and to complement the 

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1 updates of other applicable land use and resource manage2 ment and planning. 

3 ‘‘(e) IMPLEMENTING AGREEMENT.—(1) The Sec4 retary of the Interior and the Secretary of the Navy may 

5 enter into a written agreement to implement the com6 prehensive land use management plan developed under 

7 subsection (d). 

8 ‘‘(2) An agreement under paragraph (1) shall include 

9 a provision for periodic review of the agreement for its 

10 adequacy, effectiveness, and need for revision. 

11 ‘‘(3) The duration of an agreement under paragraph 

12 (1) shall be the same as the period of the withdrawal and 

13 reservation of lands under this subchapter, but may be 

14 amended from time to time. 

15 ‘‘§ 2955c. Duration of withdrawal and reservation 

16 ‘‘The withdrawal and reservation made by this sub17 chapter shall terminate on March 31, 2039. 

18 ‘‘SUBCHAPTER III—LIMESTONE HILLS, 

19 MONTANA 

‘‘Sec. 

‘‘2957a. Withdrawal and reservation. 

‘‘2957b. Management of withdrawn and reserved lands. 

‘‘2957c. Duration of withdrawal and reservation. 

‘‘2957d. Special rules governing minerals management. 

‘‘2957e. Grazing. 

20 ‘‘§ 2957a. Withdrawal and reservation 

21 ‘‘(a) WITHDRAWAL.—Subject to valid existing rights 

22 and except as otherwise provided in this subchapter, the 

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1 public lands and interests in lands described in subsection 

2 (c), and all other areas within the boundary of such lands 

3 as depicted on the map provided for by section 2932 of 

4 this title which may become subject to the operation of 

5 the public land laws, are hereby withdrawn from all forms 

6 of appropriation under the public land laws, including the 

7 mining laws and the mineral leasing and geothermal leas8 ing laws. 

9 ‘‘(b) RESERVATION.—The lands withdrawn by sub10 section (a) are reserved for use by the Secretary of the 

11 Army for the following purposes: 

12 ‘‘(1) The conduct of training for active and re13 serve components of the armed forces. 

14 ‘‘(2) The conduct of training by the Montana 

15 Department of Military Affairs; any such use may 

16 not interfere with purposes specified in paragraphs 

17 (1) and (3). 

18 ‘‘(3) The construction, operation, and mainte19 nance of organizational support and maintenance fa20 cilities for component units conducting training. 

21 ‘‘(4) Other defense-related purposes consistent 

22 with the purposes specified in the preceding para23 graphs and authorized pursuant to section 2934 of 

24 this title. 

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1 ‘‘(5) The conduct of training by State and local 

2 law enforcement agencies, civil defense organiza3 tions, and public education institutions; any such use 

4 may not interfere with military training activities. 

5 ‘‘(c) LAND DESCRIPTION.—The public lands and in6 terests in lands referred to in subsection (a) are the Fed7 eral lands comprising approximately 18,644 acres in 

8 Broadwater County, Montana, as generally depicted as 

9 ‘Proposed Land Withdrawal’ on the map entitled ‘Lime10 stone Hills Training Area Land Withdrawal’ dated 

11 lll, and filed in accordance with section 2932 of this 

12 title. 

13 ‘‘(d) INDIAN TRIBES.—Nothing in this subchapter 

14 shall be construed as altering any rights reserved for an 

15 Indian tribe for tribal use by treaty or Federal law. Sub16 ject to section 2933 of this title, the Secretary of the Army 

17 shall consult with any Indian tribe in the vicinity of the 

18 lands withdrawn and reserved by this section before taking 

19 action affecting tribal rights or cultural resources pro20 tected by treaty or Federal law. 

21 ‘‘§ 2957b. Management of withdrawn and reserved 

22 lands 

23 ‘‘During the period of the withdrawal and reservation 

24 made by this subchapter, the Secretary of the Army shall 

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1 chapter for the purposes specified in section 2957a of this 

2 title. 

3 ‘‘§ 2957c. Duration of withdrawal and reservation 

4 ‘‘(a) TERM.—The withdrawal and reservation made 

5 by this subchapter shall terminate on March 31, 2039. 

6 ‘‘(b) EXTENSION OF TERM.—Notwithstanding sec7 tion 2940 of this title, in accordance with section 2 of the 

8 Act of February 28, 1958, Public Law 85–337 (72 Stat. 

9 27), commonly known as the ‘Engle Act’ (43 U.S.C. 156), 

10 if an application is filed by the Secretary of the Army in 

11 accordance with section 2941 of this title, the Secretary 

12 of the Interior may use the authority and procedures 

13 under section 204 of the Federal Land Policy and Man14 agement Act of 1976 (43 U.S.C. 1714) to extend the with15 drawal and reservation made by this subchapter for an 

16 additional term not to exceed 20 years in accordance with 

17 that section and other applicable law. 

18 ‘‘§ 2957d. Special rules governing minerals manage19 ment 

20 ‘‘(a) INDIAN CREEK MINE.—Locatable mineral ac21 tivities in the approved Indian Creek Mine, plan of oper22 ations MTM–78300, shall be regulated pursuant to sub23 parts 3715 and 3809 of title 43, Code of Federal Regula24 tions. Notwithstanding section 2935 of this title, the Sec25 retary of the Army shall make no determination that the 

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1 disposition of or exploration for minerals as provided for 

2 in the approved plan of operations is inconsistent with the 

3 military uses of such lands. The coordination of such dis4 position of and exploration for minerals with military uses 

5 of such lands shall be determined pursuant to procedures 

6 in an agreement provided for under subsection (d). 

7 ‘‘(b) REMOVAL OF UNEXPLODED ORDNANCE ON

8 LANDS TO BE MINED.—The Secretary of the Army shall 

9 request funding for and, subject to the availability of such 

10 funds, shall remove unexploded ordnance on lands with11 drawn and reserved by this subchapter which are subject 

12 to mining under subsection (a), consistent with applicable 

13 Federal and State law. The Secretary of the Army may 

14 engage in such removal of unexploded ordnance in phases 

15 to accommodate the development of the Indian Creek mine 

16 pursuant to subsection (a). 

17 ‘‘(c) REPORT ON REMOVAL ACTIVITIES.—The Sec18 retary of the Army shall annually submit to the Secretary 

19 of the Interior a report regarding the unexploded ordnance 

20 removal activities for the previous fiscal year performed 

21 pursuant to subsection (b). The report shall include the 

22 amounts of funding expended for unexploded ordnance re23 moval on such lands. 

24 ‘‘(d) IMPLEMENTATION AGREEMENT FOR MINING

25 ACTIVITIES.—(1) The Secretary of the Interior and the 

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1 Secretary of the Army shall enter into an agreement to 

2 implement this section with regard to coordination of de3 fense-related uses and mining and the ongoing removal of 

4 unexploded ordnance. The agreement shall provide the fol5 lowing: 

6 ‘‘(A) Procedures that will be used to facilitate 

7 day-to-day joint-use of the Limestone Hills Training 

8 Area. 

9 ‘‘(B) Procedures for access through mining op10 erations covered by this section to training areas 

11 within the boundaries of the Limestone Hills Train12 ing Area. 

13 ‘‘(C) Procedures for scheduling of the removal 

14 of unexploded ordnance. 

15 ‘‘(2) The Secretary of the Interior and the Secretary 

16 of the Army shall invite Graymont Western US, Inc., or 

17 any successor or assign of the approved Indian Creek Mine 

18 mining plan of operations, MTM–78300, to be a party to 

19 the agreement. 

20 ‘‘§ 2957e. Grazing 

21 ‘‘(a) ISSUANCE AND ADMINISTRATION OF PERMITS

22 AND LEASES.—The issuance and administration of graz23 ing permits and leases, including their renewal, on the 

24 lands withdrawn and reserved by this subchapter shall be 

25 managed by the Secretary of the Interior consistent with 

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1 all applicable laws, regulations, and policies of the Sec2 retary of the Interior relating to such permits and leases. 

3 ‘‘(b) SAFETY REQUIREMENTS.—With respect to any 

4 grazing permit or lease issued after the date of enactment 

5 of this subchapter for lands withdrawn and reserved by 

6 this subchapter, the Secretary of the Interior and the Sec7 retary of the Army shall jointly establish procedures that 

8 are consistent with Department of the Army explosive and 

9 range safety standards and that provide for the safe use 

10 of any such lands. 

11 ‘‘(c) ASSIGNMENT.—The Secretary of the Interior 

12 may, with the agreement of the Secretary of the Army, 

13 assign the authority to issue and to administer grazing 

14 permits and leases to the Secretary of the Army, except 

15 that such an assignment may not include the authority 

16 to discontinue grazing on the lands withdrawn and re17 served by this subchapter. 

18 ‘‘SUBCHAPTER IV—CHOCOLATE MOUNTAIN, 

19 CALIFORNIA 

‘‘Sec. 

‘‘2959a. Withdrawal and reservation. 

‘‘2959b. Management of withdrawn and reserved lands. 

‘‘2959c. Duration of withdrawal and reservation. 

‘‘2959d. Access. 

20 ‘‘§ 2959a. Withdrawal and reservation 

21 ‘‘(a) WITHDRAWAL.—Subject to valid existing rights 

22 and except as otherwise provided in this subchapter, the 

23 public lands and interests in lands described in subsection 

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1 (c), and all other areas within the boundary of such lands 

2 as depicted on the map provided for by section 2932 of 

3 this title which may become subject to the operation of 

4 the public land laws, are hereby withdrawn from all forms 

5 of appropriation under the public land laws, including the 

6 mining laws and the mineral leasing and geothermal leas7 ing laws. 

8 ‘‘(b) RESERVATION.—The lands withdrawn by sub9 section (a) are reserved for use by the Secretary of the 

10 Navy for the following purposes: 

11 ‘‘(1) Testing and training for aerial bombing, 

12 missile firing, tactical maneuvering, and air support. 

13 ‘‘(2) Small unit ground forces training, includ14 ing artillery firing, demolition activities, and small 

15 arms field training. 

16 ‘‘(3) Other defense-related purposes consistent 

17 with the purposes specified in the preceding para18 graphs and authorized pursuant to section 2934 of 

19 this title. 

20 ‘‘(c) LAND DESCRIPTION.—The public lands and in21 terests in lands referred to in subsection (a) are the Fed22 eral lands comprising approximately 228,325 acres in Im23 perial and Riverside Counties, California, as generally de24 picted on a map entitled ‘Chocolate Mountain Aerial Gun25 nery Range Proposed—Withdrawal’, said map originally 

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1 dated 1987, with revised dating to July 1993, prepared 

2 by Department of the Navy, Naval Facilities Engineering 

3 Command, identified as WESTDIV Drawing No. C– 

4 102370, on file with the Department of the Interior, Bu5 reau of Land Management, California State Office, and 

6 filed in accordance with section 2932 of this title. 

7 ‘‘§ 2959b. Management of withdrawn and reserved 

8 lands 

9 ‘‘(a) MANAGEMENT BY THE SECRETARY OF THE IN10 TERIOR.—Except as provided in subsection (b), during the 

11 period of the withdrawal and reservation of lands by this 

12 subchapter, the Secretary of the Interior shall manage the 

13 lands withdrawn and reserved by section 2959a of this 

14 title in accordance with this chapter, the Federal Land 

15 Policy and Management Act of 1976 (43 U.S.C. 1701 et 

16 seq.), and other applicable law. 

17 ‘‘(b) ASSIGNMENT OF MANAGEMENT TO THE SEC18 RETARY OF THE NAVY.—The Secretary of the Interior 

19 may assign the management responsibility, in whole or in 

20 part, for the lands withdrawn and reserved by section 

21 2959a of this title to the Secretary of the Navy. If the 

22 Secretary of the Navy accepts such assignment, that Sec23 retary shall manage such lands in accordance with this 

24 title, title I of the Sikes Act (16 U.S.C. 670a et seq.), 

25 and other applicable law. 

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1 ‘‘(c) IMPLEMENTING AGREEMENT.—(1) The Sec2 retary of the Interior and the Secretary of the Navy may 

3 enter into a written agreement to implement the assign4 ment of management responsibility pursuant to subsection 

5 (b). 

6 ‘‘(2) An agreement under paragraph (1) shall include 

7 a provision for periodic review of the agreement for its 

8 adequacy, effectiveness, and need for revision. 

9 ‘‘(3) The duration of an agreement under paragraph 

10 (1) shall be the same as the period of the withdrawal and 

11 reservation of lands under this subchapter, but may be 

12 amended from time to time. 

13 ‘‘(d) ACCESS AGREEMENT.—The Secretary of the In14 terior and the Secretary of the Navy may enter into a writ15 ten agreement to address access to and maintenance of 

16 Bureau of Reclamation facilities located within the bound17 ary of the Chocolate Mountains Aerial Gunnery Range. 

18 ‘‘§ 2959c. Duration of withdrawal and reservation 

19 ‘‘The withdrawal and reservation made by this sub20 chapter shall terminate on March 31, 2039. 

21 ‘‘§ 2959d. Access 

22 ‘‘Notwithstanding section 2933 of this title, the lands 

23 withdrawn and reserved by section 2959a of this title, 

24 other than those constituting the Bradshaw Trail, are 

25 closed to the public and all uses, other than those authormstockstill on DSK4VPTVN1PROD with BILLS

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1 ized by section 2959a(b) of this title or pursuant to section 

2 2934 of this title, shall be subject to such conditions and 

3 restrictions as may be necessary to prevent any inter4 ference with the uses authorized by section 2959a(b) of 

5 this title or pursuant to section 2934 of this title. 

6 ‘‘SUBCHAPTER V—TWENTYNINE PALMS, 

7 CALIFORNIA 

‘‘Sec. 

‘‘2961a. Withdrawal and reservation. 

‘‘2961b. Management of withdrawn and reserved lands. 

‘‘2961c. Duration of withdrawal and reservation. 

8 ‘‘§ 2961a. Withdrawal and reservation 

9 ‘‘(a) WITHDRAWAL.—Subject to valid existing rights 

10 and except as otherwise provided in this subchapter, the 

11 public lands and interests in lands described in subsection 

12 (d), and all other areas within the boundary of such lands 

13 as depicted on the map provided for by section 2932 of 

14 this title which may become subject to the operation of 

15 the public land laws, are hereby withdrawn from all forms 

16 of appropriation under the public land laws, including the 

17 mining laws and the mineral leasing and geothermal leas18 ing laws. 

19 ‘‘(b) RESERVATION FOR SECRETARY OF THE

20 NAVY.—The lands withdrawn by subsection (a) consti21 tuting the Exclusive Military Use Area are reserved for 

22 use by the Secretary of the Navy for the following pur23 poses: 

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1 ‘‘(1) Sustained, combined arms, live-fire, and 

2 maneuver field training for large-scale Marine air 

3 ground task forces. 

4 ‘‘(2) Individual and unit live-fire training 

5 ranges. 

6 ‘‘(3) Equipment and tactics development. 

7 ‘‘(4) Other defense-related purposes consistent 

8 with the purposes specified in the preceding para9 graphs and authorized pursuant to section 2934 of 

10 this title. 

11 ‘‘(c) RESERVATION FOR SECRETARY OF THE INTE12 RIOR.—The lands withdrawn by subsection (a) consti13 tuting the Shared Use Area are reserved for use by the 

14 Secretary of the Navy for the purposes specified in sub15 section (b) and for the Secretary of the Interior for the 

16 following purposes: 

17 ‘‘(1) Public recreation when not used for mili18 tary training and having been determined as suitable 

19 for public use. 

20 ‘‘(2) Natural resources conservation. 

21 ‘‘(d) LAND DESCRIPTION.—The public lands and in22 terests in lands referred to in subsection (a) are the Fed23 eral lands comprising approximately 154,663 acres in San 

24 Bernardino County, California, as generally depicted on 

25 a map entitled llll, dated lll, and filed in acmstockstill on DSK4VPTVN1PROD with BILLS

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1 cordance with section 2932 of this title. Such lands are 

2 divided into two areas, as follows: 

3 ‘‘(1) The Exclusive Military Use Area, divided 

4 into four areas, consisting of one area to the west 

5 of the Marine Corps Air Ground Combat Center of 

6 approximately 103,618 acres, one area south of the 

7 Marine Corps Air Ground Combat Center of ap8 proximately 21,304 acres, and two other areas, each 

9 measuring approximately 300 meters square, located 

10 inside the boundaries of the Shared Use Area. 

11 ‘‘(2) The Shared Use Area, consisting of ap12 proximately 36,755 acres. 

13 ‘‘§ 2961b. Management of withdrawn and reserved 

14 lands 

15 ‘‘(a) MANAGEMENT BY THE SECRETARY OF THE

16 NAVY.—During the period of withdrawal and reservation 

17 of lands by this subchapter, the Secretary of the Navy 

18 shall, subject to subsection (b), manage the lands with19 drawn and reserved by section 2961a of this title for the 

20 purposes specified in such section pursuant to— 

21 ‘‘(1) an integrated natural resources manage22 ment plan prepared and implemented pursuant to 

23 title I of the Sikes Act (16 U.S.C. 670 et seq.); 

24 ‘‘(2) this title; and 

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1 ‘‘(3) a programmatic agreement between the 

2 United States Marine Corps and the California 

3 State Historic Preservation Officer regarding oper4 ation, maintenance, training, and construction at the 

5 United States Marine Air Ground Task Force 

6 Training Command, Marine Corps Air Ground Com7 bat Center, Twentynine Palms, California. 

8 ‘‘(b) MANAGEMENT BY THE SECRETARY OF THE IN9 TERIOR.—(1) During the period of withdrawal and res10 ervation of lands by this subchapter, the Secretary of the 

11 Interior shall manage the Shared Use Area except for two 

12 30-day periods each year when such lands are exclusively 

13 used by the Secretary of the Navy for military training 

14 purposes, during which time the Secretary of the Navy 

15 shall manage such lands. 

16 ‘‘(2) The Secretary of the Interior, during the period 

17 of the Secretary’s management pursuant to paragraph (1), 

18 shall manage the Shared Use Area for the purposes speci19 fied in section 2961a(c) of this title in accordance with— 

20 ‘‘(A) the Federal Land Policy and Management 

21 Act of 1976 (43 U.S.C. 1701 et seq.); and 

22 ‘‘(B) any other applicable law and regulations. 

23 ‘‘(3) The Secretary of the Navy, during the period 

24 of the Secretary’s management pursuant to paragraph (1), 

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1 shall manage the Shared Use Area for the purposes speci2 fied in section 2961a(b) of this title in accordance with— 

3 ‘‘(A) an integrated natural resources manage4 ment plan prepared and implemented in accordance 

5 with title I of the Sikes Act (16 U.S.C. 670a et 

6 seq.); 

7 ‘‘(B) this title; and 

8 ‘‘(C) the programmatic agreement referred to in 

9 subsection (a)(3). 

10 ‘‘(c) PUBLIC ACCESS.—(1) Notwithstanding section 

11 2933 of this title, the Exclusive Military Use Area shall 

12 be closed to all public access unless otherwise authorized 

13 by the Secretary of the Navy. 

14 ‘‘(2) The Shared Use Area shall be open to public 

15 recreational use during the period it is under the manage16 ment of the Secretary of the Interior, but only after being 

17 determined as suitable for public use by the Secretary of 

18 the Navy. Any such determination shall not be unreason19 ably withheld. 

20 ‘‘(3)(A) The Secretary of the Navy and the Secretary 

21 of the Interior, by agreement, shall establish a Resource 

22 Management Group comprised of representatives of the 

23 Departments of the Interior and Navy. 

24 ‘‘(B) The Group shall— 

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1 ‘‘(i) develop and implement a public outreach 

2 plan to inform the public of the land uses changes 

3 and safety restrictions affecting the withdrawn 

4 lands; and 

5 ‘‘(ii) advise the Secretaries of the Interior and 

6 Navy as to all issues associated with the multiple 

7 uses of the Shared Use Area. 

8 ‘‘(C) The Group shall meet at least once a year and 

9 shall seek information from relevant California State 

10 agencies, private off-highway vehicle interest groups, event 

11 managers, environmental advocacy groups, and others re12 lating to the management and facilitation of recreational 

13 use within the Shared Use Area. 

14 ‘‘(4) Military training within the Shared Use Area 

15 shall not be conditioned on, nor shall such training be pre16 cluded by— 

17 ‘‘(A) the lack of a Department of the Interior 

18 developed and implemented recreation management 

19 plan or land use management plan for the Shared 

20 Use Area; or 

21 ‘‘(B) any legal or administrative challenge to 

22 any such recreation management plan or land use 

23 plan document. 

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1 ‘‘(5) The Shared Use Area shall be managed so as 

2 not to compromise the ability of the Department of the 

3 Navy to conduct military training in the Area. 

4 ‘‘(d) IMPLEMENTATION AGREEMENT.—The Sec5 retary of the Interior and the Secretary of the Navy shall 

6 enter into a written agreement to implement the manage7 ment responsibility relating to the Shared Use Area. The 

8 agreement— 

9 ‘‘(1) shall include a provision for periodic review 

10 of the agreement for its adequacy, effectiveness, and 

11 need for revision; 

12 ‘‘(2) shall have a duration which shall be the 

13 same as the period of the withdrawal and reserva14 tion of lands under this subchapter, but may be 

15 amended from time to time; 

16 ‘‘(3) may provide for the integration of the 

17 management plans required of the Secretaries of the 

18 Interior and Navy by this chapter; 

19 ‘‘(4) may provide for delegation to civilian law 

20 enforcement personnel of the Department of the 

21 Navy of the authority of the Secretary of the Inte22 rior to enforce the laws relating to protection of nat23 ural and cultural resources and of fish and wildlife; 

24 and 

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1 ‘‘(5) may provide for the Secretaries of the In2 terior and Navy to share resources in order to most 

3 efficiently and effectively manage the Shared Use 

4 Area. 

5 ‘‘(e) JOHNSON VALLEY OFF-HIGHWAY VEHICLE

6 RECREATION AREA.— 

7 ‘‘(1) DESIGNATION.—Approximately 45,000 

8 acres (as depicted on the map referred to in section 

9 2961a of this title) of the existing Bureau of Land 

10 Management-designated Johnson Valley Off-High11 way Vehicle Area that are not withdrawn and re12 served for defense-related uses by this subchapter, 

13 together with the Shared Use Area, are hereby des14 ignated as the ‘Johnson Valley Off-Highway Vehicle 

15 Recreation Area’. 

16 ‘‘(2) AUTHORIZED ACTIVITIES.—To the extent 

17 consistent with applicable Federal law and regula18 tions and this chapter, any authorized recreation ac19 tivities and use designation in effect on the date of 

20 the enactment of this subchapter and applicable to 

21 the Johnson Valley Off-Highway Vehicle Recreation 

22 Area may continue, including casual off-highway ve23 hicular use, racing, competitive events, rock crawl24 ing, training, and other forms of off-highway recre25 ation. 

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1 ‘‘(3) ADMINISTRATION.—The Secretary of the 

2 Interior shall administer the Johnson Valley Off3 Highway Vehicle Recreation Area (other than that 

4 portion consisting of the Shared Use Area the man5 agement of which is addressed elsewhere in this sec6 tion) in accordance with the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 1701 et 

8 seq.) and other applicable laws and regulations. 

9 ‘‘(4) TRANSIT.—In coordination with the Sec10 retary of the Interior, the Secretary of the Navy 

11 may authorize transit through the Johnson Valley 

12 Off-Highway Vehicle Recreation Area for defense-re13 lated purposes supporting military training (includ14 ing military range management and management of 

15 exercise activities) conducted on the lands withdrawn 

16 and reserved by this subchapter. 

17 ‘‘§ 2961c. Duration of withdrawal and reservation 

18 ‘‘The withdrawal and reservation made by this sub19 chapter shall terminate on March 31, 2039.’’. 

20 (b) COMPENSATION TO BROADWATER COUNTY, MON21 TANA.—The Secretary of the Army may pay Broadwater 

22 County, Montana, a one-time lump sum payment of 

23 $1,000,000 to offset the 25-year loss of payments in lieu 

24 of taxes provided to the County by the Federal Govern25 ment for lands withdrawn and reserved by subchapter III 

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1 of chapter 174 of title 10, United States Code, as added 

2 by subsection (a). 

3 (c) TERMINATION OF PRIOR WITHDRAWALS.—The 

4 withdrawal and reservation contained in section 803(a) of 

5 the California Military Lands Withdrawal and Overflights 

6 Act of 1994 is hereby terminated. Notwithstanding such 

7 termination, all rules, regulations, orders, permits, and 

8 other privileges issued or granted by the Secretary of the 

9 Interior or a Secretary concerned with respect to the lands 

10 withdrawn and reserved under such section, unless incon11 sistent with the provisions of chapter 174 of title 10, 

12 United States Code, as added by subsection (a), shall re13 main in force until modified, suspended, overruled, or oth14 erwise changed by that Secretary, by a court of competent 

15 jurisdiction, or by operation of law. 

16 (d) CLERICAL AMENDMENT.—The table of chapters 

17 at the beginning of subtitle A of such title and at the be18 ginning of part IV of such subtitle are each amended by 

19 inserting after the item relating to chapter 173 the fol20 lowing new item: 

‘‘174. Land Withdrawals .......................................................................... 2931.’’. 

21 SEC. 2822. FORT BLISS MILITARY LAND WITHDRAWAL. 

22 (a) REVOCATION OF WITHDRAWAL; RETURN OF AD23 MINISTRATION.—Effective on the date of the enactment 

24 of this Act— 

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1 (1) Public Land Order 833, dated May 21, 

2 1952 (17 Fed. Reg. 4822), is revoked as to the ap3 proximately 2,050 acres of lands generally depicted 

4 as ‘‘Parcel 1’’ on the map titled ‘‘Don ̃a Ana County 

5 Land Transfer and Withdrawal’’, dated April 20, 

6 2011 (referred to in this section as the ‘‘map’’); 

7 (2) administration of the lands is returned from 

8 the Secretary of the Army to the Secretary of the 

9 Interior, acting through the Director of the Bureau 

10 of Land Management; and 

11 (3) the lands shall be managed as public lands 

12 in accordance with the Federal Land Policy and 

13 Management Act of 1976 (43 U.S.C. 1701 et seq.) 

14 and any other applicable laws. 

15 (b) WITHDRAWAL.— 

16 (1) IN GENERAL.—Subject to valid existing 

17 rights and the limitations in paragraph (2), the par18 cels of Federal land generally depicted on the map 

19 as ‘‘Parcel 2’’ and ‘‘Parcel 3’’, consisting of approxi20 mately 35,550 acres, and any land or interest in 

21 land that is acquired by the United States within the 

22 boundaries of those parcels, are withdrawn from all 

23 forms of location, entry, appropriation, and disposal 

24 under the public land laws, including the mineral 

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1 leasing laws, the mining laws, the mineral materials 

2 laws, and the geothermal leasing laws. 

3 (2) LIMITATION.—Notwithstanding paragraph 

4 (1), Parcel 3 is not withdrawn for purposes of the 

5 issuance of oil and gas pipeline rights-of-way. 

6 (c) MAPS AND LEGAL DESCRIPTION.— 

7 (1) PUBLICATION AND FILING.—As soon as 

8 practicable after the date of the enactment of this 

9 Act, the Secretary of the Interior shall— 

10 (A) publish in the Federal Register a legal 

11 description of the parcels of Federal land re12 turned by subsection (a) and withdrawn by sub13 section (b); and 

14 (B) file copies of the map described in sub15 section (a) and the legal description of the par16 cels with the Committee on Armed Services and 

17 the Committee on Energy and Natural Re18 sources of the Senate and the Committee on 

19 Armed Services and the Committee on Natural 

20 Resources of the House of Representatives. 

21 (2) FORCE OF LAW.—The map and legal de22 scriptions filed under paragraph (1)— 

23 (A) shall have the same force and effect as 

24 if included in this Act, except that the Secmstockstill on DSK4VPTVN1PROD with BILLS

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1 retary of the Interior may correct errors in the 

2 map and legal descriptions; and 

3 (B) shall be on file and available for public 

4 inspection in the appropriate offices of the Bu5 reau of Land Management. 

6 Subtitle D—Other Matters 

7 SEC. 2831. MODIFICATION OF AMOUNT AUTHORIZED FOR 

8 MILITARY CONSTRUCTION PROJECT, ANDER9 SEN AIR FORCE BASE, GUAM. 

10 The table in section 2301(b) of the National Defense 

11 Authorization Act for Fiscal Year 2013 (Public Law 112– 

12 239; 126 Stat. 2126) is amended in the item relating to 

13 Andersen Air Force Base, Guam, by striking 

14 ‘‘$58,000,000’’ in the amount column and inserting 

15 ‘‘$128,000,000’’. 

16 TITLE XXIX—DEFENSE BASE 

17 CLOSURE AND REALIGNMENT 

18 SEC. 2901. SHORT TITLE AND PURPOSE. 

19 (a) SHORT TITLE.—This title may be cited as the 

20 ‘‘Defense Base Closure and Realignment Act of 2013’’. 

21 (b) PURPOSE.—The purpose of this title is to provide 

22 a fair process that will result in the timely closure and 

23 realignment of military installations inside the United 

24 States. 

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1 SEC. 2902. THE COMMISSION. 

2 (a) ESTABLISHMENT.—There is established an inde3 pendent commission to be known as the ‘‘Defense Base 

4 Closure and Realignment Commission’’. 

5 (b) DUTIES.—The Commission shall carry out the 

6 duties specified for it in this title. 

7 (c) APPOINTMENT.—(1)(A) The Commission shall be 

8 composed of nine members appointed by the President, by 

9 and with the advice and consent of the Senate. 

10 (B) Subject to the certifications required under sec11 tion 2903(b), the President may commence a round for 

12 the selection of military installations for closure and re13 alignment under this title in 2015 by transmitting to the 

14 Senate, not later than March 1, 2015 nominations for ap15 pointment to the Commission. 

16 (C) If the President does not transmit to Congress 

17 the nominations for appointment to the Commission on 

18 or before the date specified, the process by which military 

19 installations may be selected for closure or realignment 

20 under this title with respect to that year shall be termi21 nated. 

22 (2) In selecting individuals for nominations for ap23 pointments to the Commission, the President should con24 sult with— 

25 (A) the Speaker of the House of Representa26 tives concerning the appointment of two members; 

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1 (B) the majority leader of the Senate con2 cerning the appointment of two members; 

3 (C) the minority leader of the House of Rep4 resentatives concerning the appointment of one 

5 member; and 

6 (D) the minority leader of the Senate con7 cerning the appointment of one member. 

8 (3) At the time the President nominates individuals 

9 for appointment to the Commission for each session of 

10 Congress referred to in paragraph (1)(B), the President 

11 shall designate one such individual who shall serve as 

12 Chairman of the Commission. 

13 (d) TERMS.—(1) Except as provided in paragraph 

14 (2), each member of the Commission shall serve until the 

15 adjournment of Congress sine die for the session during 

16 which the member was appointed to the Commission. 

17 (2) The Chairman of the Commission shall serve until 

18 the confirmation of a successor. 

19 (e) MEETINGS.—(1) The Commission shall meet only 

20 during calendar year 2015. 

21 (2)(A) Each meeting of the Commission, other than 

22 meetings in which classified information is to be discussed, 

23 shall be open to the public. 

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1 (B) All the proceedings, information, and delibera2 tions of the Commission shall be open, upon request, to 

3 the following: 

4 (i) The Chairman and the ranking minority 

5 party member of the Subcommittee on Readiness 

6 and Management Support of the Committee on 

7 Armed Services of the Senate, or such other mem8 bers of the Subcommittee designated by such Chair9 man or ranking minority party member. 

10 (ii) The Chairman and the ranking minority 

11 party member of the Subcommittee on Readiness of 

12 the Committee on Armed Services of the House of 

13 Representatives, or such other members of the Sub14 committee designated by such Chairman or ranking 

15 minority party member. 

16 (iii) The Chairmen and ranking minority party 

17 members of the subcommittees with jurisdiction for 

18 military construction of the Committees on Appro19 priations of the Senate and of the House of Rep20 resentatives, or such other members of the sub21 committees designated by such Chairmen or ranking 

22 minority party members. 

23 (f) VACANCIES.—A vacancy in the Commission shall 

24 be filled in the same manner as the original appointment, 

25 but the individual appointed to fill the vacancy shall serve 

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1 only for the unexpired portion of the term for which the 

2 individual’s predecessor was appointed. 

3 (g) PAY AND TRAVEL EXPENSES.—(1)(A) Each 

4 member, other than the Chairman, shall be paid at a rate 

5 equal to the daily equivalent of the minimum annual rate 

6 of basic pay payable for level IV of the Executive Schedule 

7 under section 5315 of title 5, United States Code, for each 

8 day (including travel time) during which the member is 

9 engaged in the actual performance of duties vested in the 

10 Commission. 

11 (B) The Chairman shall be paid for each day referred 

12 to in subparagraph (A) at a rate equal to the daily equiva13 lent of the minimum annual rate of basic pay payable for 

14 level III of the Executive Schedule under section 5314, 

15 of title 5, United States Code. 

16 (2) Members shall receive travel expenses, including 

17 per diem in lieu of subsistence, in accordance with sections 

18 5702 and 5703 of title 5, United States Code. 

19 (h) DIRECTOR OF STAFF.—(1) The Commission 

20 shall, without regard to section 5311 of title 5, United 

21 States Code, appoint a Director who has not served on 

22 active duty in the Armed Forces or as a civilian employee 

23 of the Department of Defense during the one-year period 

24 preceding the date of such appointment. 

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1 (2) The Director shall be paid at the rate of basic 

2 pay payable for level IV of the Executive Schedule under 

3 section 5315 of title 5, United States Code. 

4 (i) STAFF.—(1) Subject to paragraphs (2) and (3), 

5 the Director, with the approval of the Commission, may 

6 appoint and fix the pay of additional personnel. 

7 (2) The Director may make such appointments with8 out regard to the provisions of title 5, United States Code, 

9 governing appointments in the competitive service, and 

10 any personnel so appointed may be paid without regard 

11 to the provisions of chapter 51 and subchapter III of chap12 ter 53 of that title relating to classification and General 

13 Schedule pay rates, except that an individual so appointed 

14 may not receive pay in excess of the annual rate of basic 

15 pay payable for GS–15 of the General Schedule. 

16 (3)(A) Not more than one-third of the personnel em17 ployed by or detailed to the Commission may be on detail 

18 from the Department of Defense. 

19 (B)(i) Not more than one-fifth of the professional an20 alysts of the Commission staff may be persons detailed 

21 from the Department of Defense to the Commission. 

22 (ii) No person detailed from the Department of De23 fense to the Commission may be assigned as the lead pro24 fessional analyst with respect to a military department or 

25 defense agency. 

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1 (C) A person may not be detailed from the Depart2 ment of Defense to the Commission if, within 12 months 

3 before the detail is to begin, that person participated per4 sonally and substantially in any matter within the Depart5 ment of Defense concerning the preparation of rec6 ommendations for closures or realignments of military in7 stallations. 

8 (D) No member of the Armed Forces, and no officer 

9 or employee of the Department of Defense, may— 

10 (i) prepare any report concerning the effective11 ness, fitness, or efficiency of the performance on the 

12 staff of the Commission of any person detailed from 

13 the Department of Defense to that staff; 

14 (ii) review the preparation of such a report; or 

15 (iii) approve or disapprove such a report. 

16 (4) Upon request of the Director, the head of any 

17 Federal department or agency may detail any of the per18 sonnel of that department or agency to the Commission 

19 to assist the Commission in carrying out its duties under 

20 this title. 

21 (5) The Comptroller General of the United States 

22 shall provide assistance, including the detailing of employ23 ees, to the Commission in accordance with an agreement 

24 entered into with the Commission. 

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1 (6) The following restrictions relating to the per2 sonnel of the Commission shall apply during the period 

3 beginning January 1, 2016 and ending April 15, 2016: 

4 (A) There may not be more than 15 persons on 

5 the staff at any one time. 

6 (B) The staff may perform only such functions 

7 as are necessary to prepare for the transition to new 

8 membership on the Commission in the following 

9 year. 

10 (C) No member of the Armed Forces and no 

11 employee of the Department of Defense may serve 

12 on the staff. 

13 (j) OTHER AUTHORITY.—(1) The Commission may 

14 procure by contract, to the extent funds are available, the 

15 temporary or intermittent services of experts or consult16 ants pursuant to section 3109 of title 5, United States 

17 Code. 

18 (2) The Commission may lease space and acquire per19 sonal property to the extent funds are available. 

20 (k) FUNDING.—(1) There are authorized to be appro21 priated to the Commission such funds as are necessary 

22 to carry out its duties under this title. Such funds shall 

23 remain available until expended. 

24 (2) If no funds are appropriated to the Commission 

25 by the end of the second session of the 113th Congress, 

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1 the Secretary of Defense may transfer to the Commission 

2 for purposes of its activities under this title in that year 

3 such funds as the Commission may require to carry out 

4 such activities. The Secretary may transfer funds under 

5 the preceding sentence from any funds available to the 

6 Secretary. Funds so transferred shall remain available to 

7 the Commission for such purposes until expended. 

8 (l) TERMINATION.—The Commission shall terminate 

9 on April 15, 2016. 

10 (m) PROHIBITION AGAINST RESTRICTING COMMU11 NICATIONS.—Section 1034 of title 10, United States 

12 Code, shall apply with respect to communications with the 

13 Commission. 

14 SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS 

15 FOR BASE CLOSURES AND REALIGNMENTS. 

16 (a) FORCE-STRUCTURE PLAN AND INFRASTRUCTURE

17 INVENTORY.— 

18 (1) PREPARATION AND SUBMISSION.—As part 

19 of the budget justification documents submitted to 

20 Congress in support of the budget for the Depart21 ment of Defense for fiscal year 2015, the Secretary 

22 shall submit to Congress the following: 

23 (A) A force-structure plan for the Armed 

24 Forces based on an assessment by the Sec25 retary of the probable threats to the national 

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1 security during the 20-year period beginning 

2 with that fiscal year, the probable end-strength 

3 levels and major military force units (including 

4 land force divisions, carrier and other major 

5 combatant vessels, air wings, and other com6 parable units) needed to meet these threats, 

7 and the anticipated levels of funding that will 

8 be available for national defense purposes dur9 ing such period. 

10 (B) A comprehensive inventory of military 

11 installations worldwide for each military depart12 ment, with specifications of the number and 

13 type of facilities in the active and reserve forces 

14 of each military department. 

15 (2) RELATIONSHIP OF PLAN AND INVEN16 TORY.—Using the force-structure plan and infra17 structure inventory prepared under paragraph (1), 

18 the Secretary shall prepare (and include as part of 

19 the submission of such plan and inventory) the fol20 lowing: 

21 (A) A description of the infrastructure nec22 essary to support the force structure described 

23 in the force-structure plan. 

24 (B) A discussion of categories of excess in25 frastructure and infrastructure capacity. 

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1 (C) An economic analysis of the effect of 

2 the closure or realignment of military installa3 tions to reduce excess infrastructure. 

4 (3) SPECIAL CONSIDERATIONS.—In determining 

5 the level of necessary versus excess infrastructure 

6 under paragraph (2), the Secretary shall consider 

7 the following: 

8 (A) The anticipated continuing need for 

9 and availability of military installations outside 

10 the United States, taking into account current 

11 restrictions on the use of military installations 

12 outside the United States and the potential for 

13 future prohibitions or restrictions on the use of 

14 such military installations. 

15 (B) Any efficiencies that may be gained 

16 from joint tenancy by more than one branch of 

17 the Armed Forces at a military installation. 

18 (4) REVISION.—The Secretary may revise the 

19 force-structure plan and infrastructure inventory. If 

20 the Secretary makes such a revision, the Secretary 

21 shall submit the revised plan or inventory to Con22 gress not later than March 15th of the year fol23 lowing the year in which such plan was first sub24 mitted. For purposes of selecting military installa25 tions for closure or realignment under this title in 

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1 the year in which a revision is submitted, no revision 

2 of the force-structure plan or infrastructure inven3 tory is authorized after that date. 

4 (b) CERTIFICATION OF NEED FOR FURTHER CLO5 SURES AND REALIGNMENTS.— 

6 (1) CERTIFICATION REQUIRED.—On the basis 

7 of the force-structure plan and infrastructure inven8 tory prepared under subsection (a) and the descrip9 tions and economic analysis prepared under such 

10 subsection, the Secretary shall include as part of the 

11 submission of the plan and inventory— 

12 (A) a certification regarding whether the 

13 need exists for the closure or realignment of ad14 ditional military installations; and 

15 (B) if such need exists, a certification that 

16 the additional round of closures and realign17 ments would result in annual net savings for 

18 each of the military departments beginning not 

19 later than six years following the commence20 ment of such closures and realignments. 

21 (2) EFFECT OF FAILURE TO CERTIFY.—If the 

22 Secretary does not include the certifications referred 

23 to in paragraph (1), the President may not com24 mence a round for the selection of military installa25 tions for closure and realignment under this title in 

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1 the year following submission of the force-structure 

2 plan and infrastructure inventory. 

3 (c) COMPTROLLER GENERAL EVALUATION.— 

4 (1) EVALUATION REQUIRED.—If the certifi5 cation is provided under subsection (b), the Comp6 troller General shall prepare an evaluation of the fol7 lowing: 

8 (A) The force-structure plan and infra9 structure inventory prepared under subsection 

10 (a) and the final selection criteria specified in 

11 paragraph (d), including an evaluation of the 

12 accuracy and analytical sufficiency of such plan, 

13 inventory, and criteria. 

14 (B) The need for the closure or realign15 ment of additional military installations. 

16 (2) SUBMISSION.—The Comptroller General 

17 shall submit the evaluation to Congress not later 

18 than 60 days after the date on which the force19 structure plan and infrastructure inventory are sub20 mitted to Congress. 

21 (d) FINAL SELECTION CRITERIA.— 

22 (1) IN GENERAL.—The final criteria to be used 

23 by the Secretary in making recommendations for the 

24 closure or realignment of military installations inside 

25 the United States under this title in 2015 shall be 

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1 the military value and other criteria specified in 

2 paragraphs (2) and (3). 

3 (2) MILITARY VALUE CRITERIA.—The military 

4 value criteria are as follows: 

5 (A) The current and future mission capa6 bilities and the impact on operational readiness 

7 of the total force of the Department of Defense, 

8 including the impact on joint warfighting, train9 ing, and readiness. 

10 (B) The availability and condition of land, 

11 facilities, and associated airspace (including 

12 training areas suitable for maneuver by ground, 

13 naval, or air forces throughout a diversity of cli14 mate and terrain areas and staging areas for 

15 the use of the Armed Forces in homeland de16 fense missions) at both existing and potential 

17 receiving locations. 

18 (C) The ability to accommodate contin19 gency, mobilization, surge, and future total 

20 force requirements at both existing and poten21 tial receiving locations to support operations 

22 and training. 

23 (D) The cost of operations and the man24 power implications. 

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1 (3) OTHER CRITERIA.—The other criteria that 

2 the Secretary shall use in making recommendations 

3 for the closure or realignment of military installa4 tions inside the United States under this title in 

5 2015 are as follows: 

6 (A) The extent and timing of potential 

7 costs and savings, including the number of 

8 years, beginning with the date of completion of 

9 the closure or realignment, for the savings to 

10 exceed the costs. 

11 (B) The economic impact on existing com12 munities in the vicinity of military installations. 

13 (C) The ability of the infrastructure of 

14 both the existing and potential receiving com15 munities to support forces, missions, and per16 sonnel. 

17 (D) The environmental impact, including 

18 the impact of costs related to potential environ19 mental restoration, waste management, and en20 vironmental compliance activities. 

21 (e) PRIORITY GIVEN TO MILITARY VALUE.—The 

22 Secretary shall give priority consideration to the military 

23 value criteria specified in subsection (d)(2) in the making 

24 of recommendations for the closure or realignment of mili25 tary installations. 

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1 (f) EFFECT ON DEPARTMENT AND OTHER AGENCY

2 COSTS.—The selection criteria relating to the cost savings 

3 or return on investment from the proposed closure or re4 alignment of military installations shall take into account 

5 the effect of the proposed closure or realignment on the 

6 costs of any other activity of the Department of Defense 

7 or any other Federal agency that may be required to as8 sume responsibility for activities at the military installa9 tions. 

10 (g) RELATION TO OTHER MATERIALS.—The final se11 lection criteria specified in this section shall be the only 

12 criteria to be used, along with the force-structure plan and 

13 infrastructure inventory referred to in subsection (a), in 

14 making recommendations for the closure or realignment 

15 of military installations inside the United States under 

16 this title in 2015. 

17 (h) DOD RECOMMENDATIONS.—(1) If the Secretary 

18 makes the certifications required under subsection (b), the 

19 Secretary shall, by no later than May 15, 2015, publish 

20 in the Federal Register and transmit to the congressional 

21 defense committees and to the Commission a list of the 

22 military installations inside the United States that the 

23 Secretary recommends for closure or realignment on the 

24 basis of the force-structure plan and infrastructure inven25 tory prepared by the Secretary under subsection (a) and 

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1 the final selection criteria specified in subsection (d) that 

2 are applicable to the year concerned. 

3 (2) The Secretary shall include, with the list of rec4 ommendations published and transmitted pursuant to 

5 paragraph (1), a summary of the selection process that 

6 resulted in the recommendation for each installation, in7 cluding a justification for each recommendation. The Sec8 retary shall transmit the matters referred to in the pre9 ceding sentence not later than 7 days after the date of 

10 the transmittal to the congressional defense committees 

11 and the Commission of the list referred to in paragraph 

12 (1). 

13 (3)(A) In considering military installations for clo14 sure or realignment, the Secretary shall consider all mili15 tary installations inside the United States equally without 

16 regard to whether the installation has been previously con17 sidered or proposed for closure or realignment by the De18 partment. 

19 (B) In considering military installations for closure 

20 or realignment, the Secretary may not take into account 

21 for any purpose any advance conversion planning under22 taken by an affected community with respect to the antici23 pated closure or realignment of an installation. 

24 (C) For purposes of subparagraph (B), in the case 

25 of a community anticipating the economic effects of a clomstockstill on DSK4VPTVN1PROD with BILLS

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1 sure or realignment of a military installation, advance con2 version planning— 

3 (i) shall include community adjustment and eco4 nomic diversification planning undertaken by the 

5 community before an anticipated selection of a mili6 tary installation in or near the community for clo7 sure or realignment; and 

8 (ii) may include the development of contingency 

9 redevelopment plans, plans for economic develop10 ment and diversification, and plans for the joint use 

11 (including civilian and military use, public and pri12 vate use, civilian dual use, and civilian shared use) 

13 of the property or facilities of the installation after 

14 the anticipated closure or realignment. 

15 (D) In making recommendations to the Commission, 

16 the Secretary shall consider any notice received from a 

17 local government in the vicinity of a military installation 

18 that the government would approve of the closure or re19 alignment of the installation. 

20 (E) Notwithstanding the requirement in subpara21 graph (D), the Secretary shall make the recommendations 

22 referred to in that subparagraph based on the force-struc23 ture plan, infrastructure inventory, and final selection cri24 teria otherwise applicable to such recommendations. 

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1 (F) The recommendations shall include a statement 

2 of the result of the consideration of any notice described 

3 in subparagraph (D) that is received with respect to a 

4 military installation covered by such recommendations. 

5 The statement shall set forth the reasons for the result. 

6 (4) In addition to making all information used by the 

7 Secretary to prepare the recommendations under this sub8 section available to Congress (including any committee or 

9 member of Congress), the Secretary shall also make such 

10 information available to the Commission and the Comp11 troller General of the United States. 

12 (5)(A) Each person referred to in subparagraph (B), 

13 when submitting information to the Secretary of Defense 

14 or the Commission concerning the closure or realignment 

15 of a military installation, shall certify that such informa16 tion is accurate and complete to the best of that person’s 

17 knowledge and belief. 

18 (B) Subparagraph (A) applies to the following per19 sons: 

20 (i) The Secretaries of the military departments. 

21 (ii) The heads of the Defense Agencies. 

22 (iii) Each person who is in a position the duties 

23 of which include personal and substantial involve24 ment in the preparation and submission of informa25 tion and recommendations concerning the closure or 

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1 realignment of military installations, as designated 

2 in regulations which the Secretary of Defense shall 

3 prescribe, regulations which the Secretary of each 

4 military department shall prescribe for personnel 

5 within that military department, or regulations 

6 which the head of each Defense Agency shall pre7 scribe for personnel within that Defense Agency. 

8 (6) Any information provided to the Commission by 

9 a person described in paragraph (5)(B) shall also be sub10 mitted to the Senate and the House of Representatives 

11 to be made available to the Members of the House con12 cerned in accordance with the rules of that House. The 

13 information shall be submitted to the Senate and House 

14 of Representatives within 48 hours after the submission 

15 of the information to the Commission. 

16 (i) REVIEW AND RECOMMENDATIONS BY THE COM17 MISSION.—(1) After receiving the recommendations from 

18 the Secretary pursuant to subsection (h) for any year, the 

19 Commission shall conduct public hearings on the rec20 ommendations. All testimony before the Commission at a 

21 public hearing conducted under this paragraph shall be 

22 presented under oath. 

23 (2)(A) The Commission shall, by no later than Octo24 ber 1 of each year in which the Secretary transmits rec25 ommendations to it pursuant to subsection (h), transmit 

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1 to the President a report containing the Commission’s 

2 findings and conclusions based on a review and analysis 

3 of the recommendations made by the Secretary, together 

4 with the Commission’s recommendations for closures and 

5 realignments of military installations inside the United 

6 States. 

7 (B) Subject to subparagraphs (C) and (E), in making 

8 its recommendations, the Commission may make changes 

9 in any of the recommendations made by the Secretary if 

10 the Commission determines that the Secretary deviated 

11 substantially from the force-structure plan and final cri12 teria referred to in subsection (d)(1) in making rec13 ommendations. 

14 (C) In the case of a change described in subpara15 graph (D) in the recommendations made by the Secretary, 

16 the Commission may make the change only if— 

17 (i) the Commission— 

18 (I) makes the determination required by 

19 subparagraph (B); 

20 (II) determines that the change is con21 sistent with the force-structure plan and final 

22 criteria referred to in subsection (d)(1); 

23 (III) publishes a notice of the proposed 

24 change in the Federal Register not less than 45 

25 days before transmitting its recommendations 

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1 to the President pursuant to subparagraph (A); 

2 and 

3 (IV) conducts public hearings on the pro4 posed change; 

5 (ii) at least two members of the Commission 

6 visit the military installation before the date of the 

7 transmittal of the report; and 

8 (iii) the decision of the Commission to make the 

9 change is supported by at least seven members of 

10 the Commission. 

11 (D) Subparagraph (C) shall apply to a change by the 

12 Commission in the Secretary’s recommendations that 

13 would— 

14 (i) add a military installation to the list of mili15 tary installations recommended by the Secretary for 

16 closure; 

17 (ii) add a military installation to the list of mili18 tary installations recommended by the Secretary for 

19 realignment; or 

20 (iii) increase the extent of a realignment of a 

21 particular military installation recommended by the 

22 Secretary. 

23 (E) The Commission may not consider making a 

24 change in the recommendations of the Secretary that 

25 would add a military installation to the Secretary’s list of 

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1 installations recommended for closure or realignment un2 less, in addition to the requirements of subparagraph 

3 (C)— 

4 (i) the Commission provides the Secretary with 

5 at least a 15-day period, before making the change, 

6 in which to submit an explanation of the reasons 

7 why the installation was not included on the closure 

8 or realignment list by the Secretary; and 

9 (ii) the decision to add the installation for Com10 mission consideration is supported by at least seven 

11 members of the Commission. 

12 (F) In making recommendations under this para13 graph, the Commission may not take into account for any 

14 purpose any advance conversion planning undertaken by 

15 an affected community with respect to the anticipated clo16 sure or realignment of a military installation. 

17 (3) The Commission shall explain and justify in its 

18 report submitted to the President pursuant to paragraph 

19 (2) any recommendation made by the Commission that is 

20 different from the recommendations made by the Sec21 retary pursuant to subsection (h). The Commission shall 

22 transmit a copy of such report to the congressional defense 

23 committees on the same date on which it transmits its rec24 ommendations to the President under paragraph (2). 

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1 (4) After October 1 of each year in which the Com2 mission transmits recommendations to the President 

3 under this subsection, the Commission shall promptly pro4 vide, upon request, to any Member of Congress informa5 tion used by the Commission in making its recommenda6 tions. 

7 (5) The Comptroller General of the United States 

8 shall— 

9 (A) assist the Commission, to the extent re10 quested, in the Commission’s review and analysis of 

11 the recommendations made by the Secretary pursu12 ant to subsection (h); and 

13 (B) by no later than July 1 of each year in 

14 which the Secretary makes such recommendations, 

15 transmit to the Congress and to the Commission a 

16 report containing a detailed analysis of the Sec17 retary’s recommendations and selection process. 

18 (j) REVIEW BY THE PRESIDENT.—(1) The President 

19 shall, by no later than October 15 of each year in which 

20 the Commission makes recommendations under subsection 

21 (i), transmit to the Commission and to the Congress a 

22 report containing the President’s approval or disapproval 

23 of the Commission’s recommendations. 

24 (2) If the President approves all the recommenda25 tions of the Commission, the President shall transmit a 

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1 copy of such recommendations to the Congress, together 

2 with a certification of such approval. 

3 (3) If the President disapproves the recommendations 

4 of the Commission, in whole or in part, the President shall 

5 transmit to the Commission and the Congress the reasons 

6 for that disapproval. The Commission shall then transmit 

7 to the President, by no later than November 18 of the 

8 year concerned, a revised list of recommendations for the 

9 closure and realignment of military installations. 

10 (4) If the President approves all of the revised rec11 ommendations of the Commission transmitted to the 

12 President under paragraph (3), the President shall trans13 mit a copy of such revised recommendations to the Con14 gress, together with a certification of such approval. 

15 (5) If the President does not transmit to the Con16 gress an approval and certification described in paragraph 

17 (2) or (4) by December 2 of any year in which the Com18 mission has transmitted recommendations to the Presi19 dent under this title, the process by which military instal20 lations may be selected for closure or realignment under 

21 this title with respect to that year shall be terminated. 

22 SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY IN23 STALLATIONS. 

24 (a) IN GENERAL.—Subject to subsection (b), the Sec25 retary shall— 

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1 (1) close all military installations recommended 

2 for closure by the Commission in each report trans3 mitted to the Congress by the President pursuant to 

4 section 2903(j); 

5 (2) realign all military installations rec6 ommended for realignment by such Commission in 

7 each such report; 

8 (3) carry out the privatization in place of a 

9 military installation recommended for closure or re10 alignment by the Commission only if privatization in 

11 place is a method of closure or realignment of the 

12 military installation specified in the recommenda13 tions of the Commission in such report and is deter14 mined by the Commission to be the most cost-effec15 tive method of implementation of the recommenda16 tion; 

17 (4) initiate all such closures and realignments 

18 no later than two years after the date on which the 

19 President transmits a report to the Congress pursu20 ant to section 2903(j) containing the recommenda21 tions for such closures or realignments; and 

22 (5) complete all such closures and realignments 

23 no later than the end of the six-year period begin24 ning on the date on which the President transmits 

25 the report pursuant to section 2903(j) containing 

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1 the recommendations for such closures or realign2 ments. 

3 (b) CONGRESSIONAL DISAPPROVAL.—(1) The Sec4 retary may not carry out any closure or realignment rec5 ommended by the Commission in a report transmitted 

6 from the President pursuant to section 2903(j) if a joint 

7 resolution is enacted, in accordance with the provisions of 

8 section 2908, disapproving such recommendations of the 

9 Commission before the earlier of— 

10 (A) the end of the 45-day period beginning on 

11 the date on which the President transmits such re12 port; or 

13 (B) the adjournment of Congress sine die for 

14 the session during which such report is transmitted. 

15 (2) For purposes of paragraph (1) of this subsection 

16 and subsections (a) and (c) of section 2908, the days on 

17 which either House of Congress is not in session because 

18 of adjournment of more than three days to a day certain 

19 shall be excluded in the computation of a period. 

20 SEC. 2905. IMPLEMENTATION. 

21 (a) IN GENERAL.—(1) In closing or realigning any 

22 military installation under this title, the Secretary may— 

23 (A) take such actions as may be necessary to 

24 close or realign any military installation, including 

25 the acquisition of such land, the construction of such 

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1 replacement facilities, the performance of such ac2 tivities, and the conduct of such advance planning 

3 and design as may be required to transfer functions 

4 from a military installation being closed or realigned 

5 to another military installation, and may use for 

6 such purpose funds in the Account or funds appro7 priated to the Department of Defense for use in 

8 planning and design, minor construction, or oper9 ation and maintenance; 

10 (B) provide— 

11 (i) economic adjustment assistance to any 

12 community located near a military installation 

13 being closed or realigned, and 

14 (ii) community planning assistance to any 

15 community located near a military installation 

16 to which functions will be transferred as a re17 sult of the closure or realignment of a military 

18 installation, 

19 if the Secretary of Defense determines that the fi20 nancial resources available to the community (by 

21 grant or otherwise) for such purposes are inad22 equate, and may use for such purposes funds in the 

23 Account or funds appropriated to the Department of 

24 Defense for economic adjustment assistance or com25 munity planning assistance; 

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1 (C) carry out activities for the purposes of envi2 ronmental restoration and mitigation at any such in3 stallation, and shall use for such purposes funds in 

4 the Account; 

5 (D) provide outplacement assistance to civilian 

6 employees employed by the Department of Defense 

7 at military installations being closed or realigned, 

8 and may use for such purpose funds in the Account 

9 or funds appropriated to the Department of Defense 

10 for outplacement assistance to employees; and 

11 (E) reimburse other Federal agencies for ac12 tions performed at the request of the Secretary with 

13 respect to any such closure or realignment, and may 

14 use for such purpose funds in the Account or funds 

15 appropriated to the Department of Defense and 

16 available for such purpose. 

17 (2) In carrying out any closure or realignment under 

18 this title, the Secretary shall ensure that environmental 

19 restoration of any property made excess to the needs of 

20 the Department of Defense as a result of such closure or 

21 realignment be carried out as soon as possible with funds 

22 available for such purpose. 

23 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.— 

24 (1) The Administrator of General Services shall delegate 

25 to the Secretary of Defense, with respect to excess and 

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1 surplus real property, facilities, and personal property lo2 cated at a military installation closed or realigned under 

3 this title— 

4 (A) the authority of the Administrator to utilize 

5 excess property under subchapter II of chapter 5 of 

6 title 40, United States Code; 

7 (B) the authority of the Administrator to dis8 pose of surplus property under subchapter III of 

9 chapter 5 of title 40, United States Code; 

10 (C) the authority to dispose of surplus property 

11 for public airports under sections 47151 through 

12 47153 of title 49, United States Code; and 

13 (D) the authority of the Administrator to deter14 mine the availability of excess or surplus real prop15 erty for wildlife conservation purposes in accordance 

16 with the Act of May 19, 1948 (16 U.S.C. 667b). 

17 (2)(A) Subject to subparagraph (B) and paragraphs 

18 (3), (4), (5), and (6), the Secretary of Defense shall exer19 cise the authority delegated to the Secretary pursuant to 

20 paragraph (1) in accordance with— 

21 (i) all regulations governing the utilization of 

22 excess property and the disposal of surplus property 

23 under subtitle I of title 40, United States Code; and 

24 (ii) all regulations governing the conveyance 

25 and disposal of property under section 13(g) of the 

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1 Surplus Property Act of 1944 (50 U.S.C. App. 

2 1622(g)). 

3 (B) The Secretary may, with the concurrence of the 

4 Administrator of General Services— 

5 (i) prescribe general policies and methods for 

6 utilizing excess property and disposing of surplus 

7 property pursuant to the authority delegated under 

8 paragraph (1); and 

9 (ii) issue regulations relating to such policies 

10 and methods, which shall supersede the regulations 

11 referred to in subparagraph (A) with respect to that 

12 authority. 

13 (C) The Secretary of Defense may transfer real prop14 erty or facilities located at a military installation to be 

15 closed or realigned under this title, with or without reim16 bursement, to a military department or other entity (in17 cluding a nonappropriated fund instrumentality) within 

18 the Department of Defense or the Coast Guard. 

19 (D) Before any action may be taken with respect to 

20 the disposal of any surplus real property or facility located 

21 at any military installation to be closed or realigned under 

22 this title, the Secretary of Defense shall consult with the 

23 Governor of the State and the heads of the local govern24 ments concerned for the purpose of considering any plan 

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1 for the use of such property by the local community con2 cerned. 

3 (E) If a military installation to be closed, realigned, 

4 or placed in an inactive status under this title includes 

5 a road used for public access through, into, or around the 

6 installation, the Secretary of Defense shall consult with 

7 the Governor of the State and the heads of the local gov8 ernments concerned for the purpose of considering the 

9 continued availability of the road for public use after the 

10 installation is closed, realigned, or placed in an inactive 

11 status. 

12 (3)(A) Not later than 6 months after the date of ap13 proval of the closure or realignment of a military installa14 tion under this title, the Secretary, in consultation with 

15 the redevelopment authority with respect to the installa16 tion, shall— 

17 (i) inventory the personal property located at 

18 the installation; and 

19 (ii) identify the items (or categories of items) of 

20 such personal property that the Secretary deter21 mines to be related to real property and anticipates 

22 will support the implementation of the redevelop23 ment plan with respect to the installation. 

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1 (B) If no redevelopment authority referred to in sub2 paragraph (A) exists with respect to an installation, the 

3 Secretary shall consult with— 

4 (i) the local government in whose jurisdiction 

5 the installation is wholly located; or 

6 (ii) a local government agency or State govern7 ment agency designated for the purpose of such con8 sultation by the chief executive officer of the State 

9 in which the installation is located. 

10 (C)(i) Except as provided in subparagraphs (E) and 

11 (F), the Secretary may not carry out any of the activities 

12 referred to in clause (ii) with respect to an installation 

13 referred to in that clause until the earlier of— 

14 (I) one week after the date on which the rede15 velopment plan for the installation is submitted to 

16 the Secretary; 

17 (II) the date on which the redevelopment au18 thority notifies the Secretary that it will not submit 

19 such a plan; 

20 (III) twenty-four months after the date of ap21 proval of the closure or realignment of the installa22 tion; or 

23 (IV) ninety days before the date of the closure 

24 or realignment of the installation. 

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1 (ii) The activities referred to in clause (i) are activi2 ties relating to the closure or realignment of an installa3 tion to be closed or realigned under this title as follows: 

4 (I) The transfer from the installation of items 

5 of personal property at the installation identified in 

6 accordance with subparagraph (A). 

7 (II) The reduction in maintenance and repair of 

8 facilities or equipment located at the installation 

9 below the minimum levels required to support the 

10 use of such facilities or equipment for nonmilitary 

11 purposes. 

12 (D) Except as provided in paragraph (4), the Sec13 retary may not transfer items of personal property located 

14 at an installation to be closed or realigned under this title 

15 to another installation, or dispose of such items, if such 

16 items are identified in the redevelopment plan for the in17 stallation as items essential to the reuse or redevelopment 

18 of the installation. In connection with the development of 

19 the redevelopment plan for the installation, the Secretary 

20 shall consult with the entity responsible for developing the 

21 redevelopment plan to identify the items of personal prop22 erty located at the installation, if any, that the entity de23 sires to be retained at the installation for reuse or redevel24 opment of the installation. 

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1 (E) This paragraph shall not apply to any personal 

2 property located at an installation to be closed or realigned 

3 under this title if the property— 

4 (i) is required for the operation of a unit, func5 tion, component, weapon, or weapons system at an6 other installation; 

7 (ii) is uniquely military in character, and is 

8 likely to have no civilian use (other than use for its 

9 material content or as a source of commonly used 

10 components); 

11 (iii) is not required for the reutilization or rede12 velopment of the installation (as jointly determined 

13 by the Secretary and the redevelopment authority); 

14 (iv) is stored at the installation for purposes of 

15 distribution (including spare parts or stock items); 

16 or 

17 (v)(I) meets known requirements of an author18 ized program of another Federal department or 

19 agency for which expenditures for similar property 

20 would be necessary, and 

21 (II) is the subject of a written request by the 

22 head of the department or agency. 

23 (F) Notwithstanding subparagraphs (C)(i) and (D), 

24 the Secretary may carry out any activity referred to in 

25 subparagraph (C)(ii) or (D) if the Secretary determines 

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1 that the carrying out of such activity is in the national 

2 security interest of the United States. 

3 (4)(A) The Secretary may transfer real property and 

4 personal property located at a military installation to be 

5 closed or realigned under this title to the redevelopment 

6 authority with respect to the installation for purposes of 

7 job generation on the installation. 

8 (B) The transfer of property located at a military in9 stallation under subparagraph (A) may be for consider10 ation at or below the estimated fair market value or with11 out consideration. The determination of such consider12 ation may account for the economic conditions of the local 

13 affected community and the estimated costs to redevelop 

14 the property. The Secretary may accept, as consideration, 

15 a share of the revenues that the redevelopment authority 

16 receives from third-party buyers or lessees from sales and 

17 long-term leases of the conveyed property, consideration 

18 in kind (including goods and services), real property and 

19 improvements, or such other consideration as the Sec20 retary considers appropriate. The transfer of property lo21 cated at a military installation under subparagraph (A) 

22 may be made for consideration below the estimated fair 

23 market value or without consideration only if the redevel24 opment authority with respect to the installation— 

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1 (i) agrees that the proceeds from any sale or 

2 lease of the property (or any portion thereof) re3 ceived by the redevelopment authority during at 

4 least the first seven years after the date of the initial 

5 transfer of property under subparagraph (A) shall 

6 be used to support the economic redevelopment of, 

7 or related to, the installation; and 

8 (ii) executes the agreement for transfer of the 

9 property and accepts control of the property within 

10 a reasonable time after the date of the property dis11 posal record of decision or finding of no significant 

12 impact under the National Environmental Policy Act 

13 of 1969 (42 U.S.C. 4321 et seq.). 

14 (C) For purposes of subparagraph (B)(i), the use of 

15 proceeds from a sale or lease described in such subpara16 graph to pay for, or offset the costs of, public investment 

17 on or related to the installation for any of the following 

18 purposes shall be considered a use to support the economic 

19 redevelopment of, or related to, the installation: 

20 (i) Road construction. 

21 (ii) Transportation management facilities. 

22 (iii) Storm and sanitary sewer construction. 

23 (iv) Police and fire protection facilities and 

24 other public facilities. 

25 (v) Utility construction. 

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1 (vi) Building rehabilitation. 

2 (vii) Historic property preservation. 

3 (viii) Pollution prevention equipment or facili4 ties. 

5 (ix) Demolition. 

6 (x) Disposal of hazardous materials generated 

7 by demolition. 

8 (xi) Landscaping, grading, and other site or 

9 public improvements. 

10 (xii) Planning for or the marketing of the devel11 opment and reuse of the installation. 

12 (D) The Secretary may recoup from a redevelopment 

13 authority such portion of the proceeds from a sale or lease 

14 described in subparagraph (B) as the Secretary deter15 mines appropriate if the redevelopment authority does not 

16 use the proceeds to support economic redevelopment of, 

17 or related to, the installation for the period specified in 

18 subparagraph (B). 

19 (E)(i) The Secretary may transfer real property at 

20 an installation approved for closure or realignment under 

21 this title (including property at an installation approved 

22 for realignment which will be retained by the Department 

23 of Defense or another Federal agency after realignment) 

24 to the redevelopment authority for the installation if the 

25 redevelopment authority agrees to lease, directly upon 

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1 transfer, one or more portions of the property transferred 

2 under this subparagraph to the Secretary or to the head 

3 of another department or agency of the Federal Govern4 ment. Subparagraph (B) shall apply to a transfer under 

5 this subparagraph. 

6 (ii) A lease under clause (i) shall be for a term of 

7 not to exceed 50 years, but may provide for options for 

8 renewal or extension of the term by the department or 

9 agency concerned. 

10 (iii) A lease under clause (i) may not require rental 

11 payments by the United States. 

12 (iv) A lease under clause (i) shall include a provision 

13 specifying that if the department or agency concerned 

14 ceases requiring the use of the leased property before the 

15 expiration of the term of the lease, the remainder of the 

16 lease term may be satisfied by the same or another depart17 ment or agency of the Federal Government using the prop18 erty for a use similar to the use under the lease. Exercise 

19 of the authority provided by this clause shall be made in 

20 consultation with the redevelopment authority concerned. 

21 (v) Notwithstanding clause (iii), if a lease under 

22 clause (i) involves a substantial portion of the installation, 

23 the department or agency concerned may obtain facility 

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1 ment authority’s assignee as a provision of the lease. The 

2 facility services and common area maintenance shall be 

3 provided at a rate no higher than the rate charged to non4 Federal tenants of the transferred property. Facility serv5 ices and common area maintenance covered by the lease 

6 shall not include— 

7 (I) municipal services that a State or local gov8 ernment is required by law to provide to all land9 owners in its jurisdiction without direct charge; or 

10 (II) firefighting or security-guard functions. 

11 (F) The transfer of personal property under subpara12 graph (A) shall not be subject to the provisions of sub13 chapters II and III of chapter 5 of title 40, United States 

14 Code, if the Secretary determines that the transfer of such 

15 property is necessary for the effective implementation of 

16 a redevelopment plan with respect to the installation at 

17 which such property is located. 

18 (G) The provisions of section 120(h) of the Com19 prehensive Environmental Response, Compensation, and 

20 Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to 

21 any transfer of real property under this paragraph. 

22 (H) The Secretary may require any additional terms 

23 and conditions in connection with a transfer under this 

24 paragraph as such Secretary considers appropriate to pro25 tect the interests of the United States. 

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1 (5)(A) Except as provided in subparagraphs (B) and 

2 (C), the Secretary shall take such actions as the Secretary 

3 determines necessary to ensure that final determinations 

4 under paragraph (1) regarding whether another depart5 ment or agency of the Federal Government has identified 

6 a use for any portion of a military installation to be closed 

7 or realigned under this title, or will accept transfer of any 

8 portion of such installation, are made not later than 6 

9 months after the date of approval of closure or realign10 ment of that installation. 

11 (B) The Secretary may, in consultation with the rede12 velopment authority with respect to an installation, post13 pone making the final determinations referred to in sub14 paragraph (A) with respect to the installation for such pe15 riod as the Secretary determines appropriate if the Sec16 retary determines that such postponement is in the best 

17 interests of the communities affected by the closure or re18 alignment of the installation. 

19 (C)(i) Before acquiring non-Federal real property as 

20 the location for a new or replacement Federal facility of 

21 any type, the head of the Federal agency acquiring the 

22 property shall consult with the Secretary regarding the 

23 feasibility and cost advantages of using Federal property 

24 or facilities at a military installation closed or realigned 

25 or to be closed or realigned under this title as the location 

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1 for the new or replacement facility. In considering the 

2 availability and suitability of a specific military installa3 tion, the Secretary and the head of the Federal agency 

4 involved shall obtain the concurrence of the redevelopment 

5 authority with respect to the installation and comply with 

6 the redevelopment plan for the installation. 

7 (ii) Not later than 30 days after acquiring non-Fed8 eral real property as the location for a new or replacement 

9 Federal facility, the head of the Federal agency acquiring 

10 the property shall submit to Congress a report containing 

11 the results of the consultation under clause (i) and the 

12 reasons why military installations referred to in such 

13 clause that are located within the area to be served by 

14 the new or replacement Federal facility or within a 200- 

15 mile radius of the new or replacement facility, whichever 

16 area is greater, were considered to be unsuitable or un17 available for the site of the new or replacement facility. 

18 (6)(A) The disposal of buildings and property located 

19 at installations approved for closure or realignment under 

20 this title shall be carried out in accordance with this para21 graph. 

22 (B)(i) Not later than the date on which the Secretary 

23 of Defense completes the final determinations referred to 

24 in paragraph (5) relating to the use or transferability of 

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1 any portion of an installation covered by this paragraph, 

2 the Secretary shall— 

3 (I) identify the buildings and property at the 

4 installation for which the Department of Defense 

5 has a use, for which another department or agency 

6 of the Federal Government has identified a use, or 

7 of which another department or agency will accept 

8 a transfer; 

9 (II) take such actions as are necessary to iden10 tify any building or property at the installation not 

11 identified under subclause (I) that is excess property 

12 or surplus property; 

13 (III) submit to the Secretary of Housing and 

14 Urban Development and to the redevelopment au15 thority for the installation (or the chief executive of16 ficer of the State in which the installation is located 

17 if there is no redevelopment authority for the instal18 lation at the completion of the determination de19 scribed in the stem of this sentence) information on 

20 any building or property that is identified under sub21 clause (II); and 

22 (IV) publish in the Federal Register and in a 

23 newspaper of general circulation in the communities 

24 in the vicinity of the installation information on the 

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1 buildings and property identified under subclause 

2 (II). 

3 (ii) Upon the recognition of a redevelopment author4 ity for an installation covered by this paragraph, the Sec5 retary of Defense shall publish in the Federal Register and 

6 in a newspaper of general circulation in the communities 

7 in the vicinity of the installation information on the rede8 velopment authority. 

9 (C)(i) State and local governments, representatives of 

10 the homeless, and other interested parties located in the 

11 communities in the vicinity of an installation covered by 

12 this paragraph shall submit to the redevelopment author13 ity for the installation a notice of the interest, if any, of 

14 such governments, representatives, and parties in the 

15 buildings or property, or any portion thereof, at the instal16 lation that are identified under subparagraph (B)(i)(II). 

17 A notice of interest under this clause shall describe the 

18 need of the government, representative, or party concerned 

19 for the buildings or property covered by the notice. 

20 (ii) The redevelopment authority for an installation 

21 shall assist the governments, representatives, and parties 

22 referred to in clause (i) in evaluating buildings and prop23 erty at the installation for purposes of this subparagraph. 

24 (iii) In providing assistance under clause (ii), a rede25 velopment authority shall— 

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1 (I) consult with representatives of the homeless 

2 in the communities in the vicinity of the installation 

3 concerned; and 

4 (II) undertake outreach efforts to provide infor5 mation on the buildings and property to representa6 tives of the homeless, and to other persons or enti7 ties interested in assisting the homeless, in such 

8 communities. 

9 (iv) It is the sense of Congress that redevelopment 

10 authorities should begin to conduct outreach efforts under 

11 clause (iii)(II) with respect to an installation as soon as 

12 is practicable after the date of approval of closure or re13 alignment of the installation. 

14 (D)(i) State and local governments, representatives 

15 of the homeless, and other interested parties shall submit 

16 a notice of interest to a redevelopment authority under 

17 subparagraph (C) not later than the date specified for 

18 such notice by the redevelopment authority. 

19 (ii) The date specified under clause (i) shall be— 

20 (I) in the case of an installation for which a re21 development authority has been recognized as of the 

22 date of the completion of the determinations referred 

23 to in paragraph (5), not earlier than 3 months and 

24 not later than 6 months after the date of publication 

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1 culation in the communities in the vicinity of the in2 stallation under subparagraph (B)(i)(IV); and 

3 (II) in the case of an installation for which a 

4 redevelopment authority is not recognized as of such 

5 date, not earlier than 3 months and not later than 

6 6 months after the date of the recognition of a rede7 velopment authority for the installation. 

8 (iii) Upon specifying a date for an installation under 

9 this subparagraph, the redevelopment authority for the in10 stallation shall— 

11 (I) publish the date specified in a newspaper of 

12 general circulation in the communities in the vicinity 

13 of the installation concerned; and 

14 (II) notify the Secretary of Defense of the date. 

15 (E)(i) In submitting to a redevelopment authority 

16 under subparagraph (C) a notice of interest in the use 

17 of buildings or property at an installation to assist the 

18 homeless, a representative of the homeless shall submit the 

19 following: 

20 (I) A description of the homeless assistance 

21 program that the representative proposes to carry 

22 out at the installation. 

23 (II) An assessment of the need for the program. 

24 (III) A description of the extent to which the 

25 program is or will be coordinated with other homemstockstill on DSK4VPTVN1PROD with BILLS

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1 less assistance programs in the communities in the 

2 vicinity of the installation. 

3 (IV) A description of the buildings and property 

4 at the installation that are necessary in order to 

5 carry out the program. 

6 (V) A description of the financial plan, the or7 ganization, and the organizational capacity of the 

8 representative to carry out the program. 

9 (VI) An assessment of the time required in 

10 order to commence carrying out the program. 

11 (ii) A redevelopment authority may not release to the 

12 public any information submitted to the redevelopment au13 thority under clause (i)(V) without the consent of the rep14 resentative of the homeless concerned unless such release 

15 is authorized under Federal law and under the law of the 

16 State and communities in which the installation concerned 

17 is located. 

18 (F)(i) The redevelopment authority for each installa19 tion covered by this paragraph shall prepare a redevelop20 ment plan for the installation. The redevelopment author21 ity shall, in preparing the plan, consider the interests in 

22 the use to assist the homeless of the buildings and prop23 erty at the installation that are expressed in the notices 

24 submitted to the redevelopment authority under subpara25 graph (C). 

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1 (ii)(I) In connection with a redevelopment plan for 

2 an installation, a redevelopment authority and representa3 tives of the homeless shall prepare legally binding agree4 ments that provide for the use to assist the homeless of 

5 buildings and property, resources, and assistance on or off 

6 the installation. The implementation of such agreements 

7 shall be contingent upon the decision regarding the dis8 posal of the buildings and property covered by the agree9 ments by the Secretary of Defense under subparagraph 

10 (K) or (L). 

11 (II) Agreements under this clause shall provide for 

12 the reversion to the redevelopment authority concerned, or 

13 to such other entity or entities as the agreements shall 

14 provide, of buildings and property that are made available 

15 under this paragraph for use to assist the homeless in the 

16 event that such buildings and property cease being used 

17 for that purpose. 

18 (iii) A redevelopment authority shall provide oppor19 tunity for public comment on a redevelopment plan before 

20 submission of the plan to the Secretary of Defense and 

21 the Secretary of Housing and Urban Development under 

22 subparagraph (G). 

23 (iv) A redevelopment authority shall complete prepa24 ration of a redevelopment plan for an installation and sub25 mit the plan under subparagraph (G) not later than 9 

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1 months after the date specified by the redevelopment au2 thority for the installation under subparagraph (D). 

3 (G)(i) Upon completion of a redevelopment plan 

4 under subparagraph (F), a redevelopment authority shall 

5 submit an application containing the plan to the Secretary 

6 of Defense and to the Secretary of Housing and Urban 

7 Development. 

8 (ii) A redevelopment authority shall include in an ap9 plication under clause (i) the following: 

10 (I) A copy of the redevelopment plan, including 

11 a summary of any public comments on the plan re12 ceived by the redevelopment authority under sub13 paragraph (F)(iii). 

14 (II) A copy of each notice of interest of use of 

15 buildings and property to assist the homeless that 

16 was submitted to the redevelopment authority under 

17 subparagraph (C), together with a description of the 

18 manner, if any, in which the plan addresses the in19 terest expressed in each such notice and, if the plan 

20 does not address such an interest, an explanation 

21 why the plan does not address the interest. 

22 (III) A summary of the outreach undertaken by 

23 the redevelopment authority under subparagraph 

24 (C)(iii)(II) in preparing the plan. 

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1 (IV) A statement identifying the representatives 

2 of the homeless and the homeless assistance plan3 ning boards, if any, with which the redevelopment 

4 authority consulted in preparing the plan, and the 

5 results of such consultations. 

6 (V) An assessment of the manner in which the 

7 redevelopment plan balances the expressed needs of 

8 the homeless and the need of the communities in the 

9 vicinity of the installation for economic redevelop10 ment and other development. 

11 (VI) Copies of the agreements that the redevel12 opment authority proposes to enter into under sub13 paragraph (F)(ii). 

14 (H)(i) Not later than 60 days after receiving a rede15 velopment plan under subparagraph (G), the Secretary of 

16 Housing and Urban Development shall complete a review 

17 of the plan. The purpose of the review is to determine 

18 whether the plan, with respect to the expressed interest 

19 and requests of representatives of the homeless— 

20 (I) takes into consideration the size and nature 

21 of the homeless population in the communities in the 

22 vicinity of the installation, the availability of existing 

23 services in such communities to meet the needs of 

24 the homeless in such communities, and the suit25 ability of the buildings and property covered by the 

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1 plan for the use and needs of the homeless in such 

2 communities; 

3 (II) takes into consideration any economic im4 pact of the homeless assistance under the plan on 

5 the communities in the vicinity of the installation; 

6 (III) balances in an appropriate manner the 

7 needs of the communities in the vicinity of the in8 stallation for economic redevelopment and other de9 velopment with the needs of the homeless in such 

10 communities; 

11 (IV) was developed in consultation with rep12 resentatives of the homeless and the homeless assist13 ance planning boards, if any, in the communities in 

14 the vicinity of the installation; and 

15 (V) specifies the manner in which buildings and 

16 property, resources, and assistance on or off the in17 stallation will be made available for homeless assist18 ance purposes. 

19 (ii) It is the sense of Congress that the Secretary of 

20 Housing and Urban Development shall, in completing the 

21 review of a plan under this subparagraph, take into con22 sideration and be receptive to the predominant views on 

23 the plan of the communities in the vicinity of the installa24 tion covered by the plan. 

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1 (iii) The Secretary of Housing and Urban Develop2 ment may engage in negotiations and consultations with 

3 a redevelopment authority before or during the course of 

4 a review under clause (i) with a view toward resolving any 

5 preliminary determination of the Secretary that a redevel6 opment plan does not meet a requirement set forth in that 

7 clause. The redevelopment authority may modify the rede8 velopment plan as a result of such negotiations and con9 sultations. 

10 (iv) Upon completion of a review of a redevelopment 

11 plan under clause (i), the Secretary of Housing and Urban 

12 Development shall notify the Secretary of Defense and the 

13 redevelopment authority concerned of the determination of 

14 the Secretary of Housing and Urban Development under 

15 that clause. 

16 (v) If the Secretary of Housing and Urban Develop17 ment determines as a result of such a review that a rede18 velopment plan does not meet the requirements set forth 

19 in clause (i), a notice under clause (iv) shall include— 

20 (I) an explanation of that determination; and 

21 (II) a statement of the actions that the redevel22 opment authority must undertake in order to ad23 dress that determination. 

24 (I)(i) Upon receipt of a notice under subparagraph 

25 (H)(iv) of a determination that a redevelopment plan does 

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1 not meet a requirement set forth in subparagraph (H)(i), 

2 a redevelopment authority shall have the opportunity to— 

3 (I) revise the plan in order to address the deter4 mination; and 

5 (II) submit the revised plan to the Secretary of 

6 Defense and the Secretary of Housing and Urban 

7 Development. 

8 (ii) A redevelopment authority shall submit a revised 

9 plan under this subparagraph to such Secretaries, if at 

10 all, not later than 90 days after the date on which the 

11 redevelopment authority receives the notice referred to in 

12 clause (i). 

13 (J)(i) Not later than 30 days after receiving a revised 

14 redevelopment plan under subparagraph (I), the Secretary 

15 of Housing and Urban Development shall review the re16 vised plan and determine if the plan meets the require17 ments set forth in subparagraph (H)(i). 

18 (ii) The Secretary of Housing and Urban Develop19 ment shall notify the Secretary of Defense and the redevel20 opment authority concerned of the determination of the 

21 Secretary of Housing and Urban Development under this 

22 subparagraph. 

23 (K)(i) Upon receipt of a notice under subparagraph 

24 (H)(iv) or (J)(ii) of the determination of the Secretary of 

25 Housing and Urban Development that a redevelopment 

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1 plan for an installation meets the requirements set forth 

2 in subparagraph (H)(i), the Secretary of Defense shall dis3 pose of the buildings and property at the installation. 

4 (ii) For purposes of carrying out an environmental 

5 assessment of the closure or realignment of an installa6 tion, the Secretary of Defense shall treat the redevelop7 ment plan for the installation (including the aspects of the 

8 plan providing for disposal to State or local governments, 

9 representatives of the homeless, and other interested par10 ties) as part of the proposed Federal action for the instal11 lation. 

12 (iii) The Secretary of Defense shall dispose of build13 ings and property under clause (i) in accordance with the 

14 record of decision or other decision document prepared by 

15 the Secretary in accordance with the National Environ16 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In 

17 preparing the record of decision or other decision docu18 ment, the Secretary shall give substantial deference to the 

19 redevelopment plan concerned. 

20 (iv) The disposal under clause (i) of buildings and 

21 property to assist the homeless shall be without consider22 ation. 

23 (v) In the case of a request for a conveyance under 

24 clause (i) of buildings and property for public benefit 

25 under section 550 of title 40, United States Code, or secmstockstill on DSK4VPTVN1PROD with BILLS

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1 tions 47151 through 47153 of title 49, United States 

2 Code, the sponsoring Federal agency shall use the eligi3 bility criteria set forth in such section or subchapter II 

4 of chapter 471 of title 49, United States Code (as the case 

5 may be) to determine the eligibility of the applicant and 

6 use proposed in the request for the public benefit convey7 ance. The determination of such eligibility should be made 

8 before submission of the redevelopment plan concerned 

9 under subparagraph (G). 

10 (L)(i) If the Secretary of Housing and Urban Devel11 opment determines under subparagraph (J) that a revised 

12 redevelopment plan for an installation does not meet the 

13 requirements set forth in subparagraph (H)(i), or if no 

14 revised plan is so submitted, that Secretary shall— 

15 (I) review the original redevelopment plan sub16 mitted to that Secretary under subparagraph (G), 

17 including the notice or notices of representatives of 

18 the homeless referred to in clause (ii)(II) of that 

19 subparagraph; 

20 (II) consult with the representatives referred to 

21 in subclause (I), if any, for purposes of evaluating 

22 the continuing interest of such representatives in the 

23 use of buildings or property at the installation to as24 sist the homeless; 

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1 (III) request that each such representative sub2 mit to that Secretary the items described in clause 

3 (ii); and 

4 (IV) based on the actions of that Secretary 

5 under subclauses (I) and (II), and on any informa6 tion obtained by that Secretary as a result of such 

7 actions, indicate to the Secretary of Defense the 

8 buildings and property at the installation that meet 

9 the requirements set forth in subparagraph (H)(i). 

10 (ii) The Secretary of Housing and Urban Develop11 ment may request under clause (i)(III) that a representa12 tive of the homeless submit to that Secretary the following: 

13 (I) A description of the program of such rep14 resentative to assist the homeless. 

15 (II) A description of the manner in which the 

16 buildings and property that the representative pro17 poses to use for such purpose will assist the home18 less. 

19 (III) Such information as that Secretary re20 quires in order to determine the financial capacity of 

21 the representative to carry out the program and to 

22 ensure that the program will be carried out in com23 pliance with Federal environmental law and Federal 

24 law against discrimination. 

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1 (IV) A certification that police services, fire 

2 protection services, and water and sewer services 

3 available in the communities in the vicinity of the in4 stallation concerned are adequate for the program. 

5 (iii) Not later than 90 days after the date of the re6 ceipt of a revised plan for an installation under subpara7 graph (J), the Secretary of Housing and Urban Develop8 ment shall— 

9 (I) notify the Secretary of Defense and the re10 development authority concerned of the buildings 

11 and property at an installation under clause (i)(IV) 

12 that the Secretary of Housing and Urban Develop13 ment determines are suitable for use to assist the 

14 homeless; and 

15 (II) notify the Secretary of Defense of the ex16 tent to which the revised plan meets the criteria set 

17 forth in subparagraph (H)(i). 

18 (iv)(I) Upon notice from the Secretary of Housing 

19 and Urban Development with respect to an installation 

20 under clause (iii), the Secretary of Defense shall dispose 

21 of buildings and property at the installation in consulta22 tion with the Secretary of Housing and Urban Develop23 ment and the redevelopment authority concerned. 

24 (II) For purposes of carrying out an environmental 

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1 tion, the Secretary of Defense shall treat the redevelop2 ment plan submitted by the redevelopment authority for 

3 the installation (including the aspects of the plan pro4 viding for disposal to State or local governments, rep5 resentatives of the homeless, and other interested parties) 

6 as part of the proposed Federal action for the installation. 

7 The Secretary of Defense shall incorporate the notification 

8 of the Secretary of Housing and Urban Development 

9 under clause (iii)(I) as part of the proposed Federal action 

10 for the installation only to the extent, if any, that the Sec11 retary of Defense considers such incorporation to be ap12 propriate and consistent with the best and highest use of 

13 the installation as a whole, taking into consideration the 

14 redevelopment plan submitted by the redevelopment au15 thority. 

16 (III) The Secretary of Defense shall dispose of build17 ings and property under subclause (I) in accordance with 

18 the record of decision or other decision document prepared 

19 by the Secretary in accordance with the National Environ20 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In 

21 preparing the record of decision or other decision docu22 ment, the Secretary shall give deference to the redevelop23 ment plan submitted by the redevelopment authority for 

24 the installation. 

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1 (IV) The disposal under subclause (I) of buildings 

2 and property to assist the homeless shall be without con3 sideration. 

4 (V) In the case of a request for a conveyance under 

5 subclause (I) of buildings and property for public benefit 

6 under section 550 of title 40, United States Code, or sec7 tions 47151 through 47153 of title 49, United States 

8 Code, the sponsoring Federal agency shall use the eligi9 bility criteria set forth in such section or subchapter II 

10 of chapter 471 of title 49, United States Code (as the case 

11 may be) to determine the eligibility of the applicant and 

12 use proposed in the request for the public benefit convey13 ance. The determination of such eligibility should be made 

14 before submission of the redevelopment plan concerned 

15 under subparagraph (G). 

16 (M)(i) In the event of the disposal of buildings and 

17 property of an installation pursuant to subparagraph (K) 

18 or (L), the redevelopment authority for the installation 

19 shall be responsible for the implementation of and compli20 ance with agreements under the redevelopment plan de21 scribed in that subparagraph for the installation. 

22 (ii) If a building or property reverts to a redevelop23 ment authority under such an agreement, the redevelop24 ment authority shall take appropriate actions to secure, 

25 to the maximum extent practicable, the utilization of the 

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1 building or property by other homeless representatives to 

2 assist the homeless. A redevelopment authority may not 

3 be required to utilize the building or property to assist 

4 the homeless. 

5 (N) The Secretary of Defense may postpone or ex6 tend any deadline provided for under this paragraph in 

7 the case of an installation covered by this paragraph for 

8 such period as the Secretary considers appropriate if the 

9 Secretary determines that such postponement is in the in10 terests of the communities affected by the closure or re11 alignment of the installation. The Secretary shall make 

12 such determinations in consultation with the redevelop13 ment authority concerned and, in the case of deadlines 

14 provided for under this paragraph with respect to the Sec15 retary of Housing and Urban Development, in consulta16 tion with the Secretary of Housing and Urban Develop17 ment. 

18 (O) For purposes of this paragraph, the term ‘‘com19 munities in the vicinity of the installation’’, in the case 

20 of an installation, means the communities that constitute 

21 the political jurisdictions (other than the State in which 

22 the installation is located) that comprise the redevelop23 ment authority for the installation. 

24 (P) For purposes of this paragraph, the term ‘‘other 

25 interested parties’’, in the case of an installation, includes 

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1 any parties eligible for the conveyance of property of the 

2 installation under section 550 of title 40, United States 

3 Code, or sections 47151 through 47153 of title 49, United 

4 States Code, whether or not the parties assist the home5 less. 

6 (7)(A) Subject to subparagraph (C), the Secretary 

7 may enter into agreements (including contracts, coopera8 tive agreements, or other arrangements for reimburse9 ment) with local governments for the provision of police 

10 or security services, fire protection services, airfield oper11 ation services, or other community services by such gov12 ernments at military installations to be closed under this 

13 title, or at facilities not yet transferred or otherwise dis14 posed of in the case of installations closed under this title, 

15 if the Secretary determines that the provision of such serv16 ices under such agreements is in the best interests of the 

17 Department of Defense. 

18 (B) The Secretary may exercise the authority pro19 vided under this paragraph without regard to the provi20 sions of chapter 146 of title 10, United States Code. 

21 (C) The Secretary may not exercise the authority 

22 under subparagraph (A) with respect to an installation 

23 earlier than 180 days before the date on which the instal24 lation is to be closed. 

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1 (D) The Secretary shall include in a contract for serv2 ices entered into with a local government under this para3 graph a clause that requires the use of professionals to 

4 furnish the services to the extent that professionals are 

5 available in the area under the jurisdiction of such govern6 ment. 

7 (c) APPLICABILITY OF NATIONAL ENVIRONMENTAL

8 POLICY ACT OF 1969.—(1) The provisions of the National 

9 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

10 seq.) shall not apply to the actions of the President, the 

11 Commission, and, except as provided in paragraph (2), the 

12 Department of Defense in carrying out this title. 

13 (2)(A) The provisions of the National Environmental 

14 Policy Act of 1969 shall apply to actions of the Depart15 ment of Defense under this title (i) during the process of 

16 property disposal, and (ii) during the process of relocating 

17 functions from a military installation being closed or re18 aligned to another military installation after the receiving 

19 installation has been selected but before the functions are 

20 relocated. 

21 (B) In applying the provisions of the National Envi22 ronmental Policy Act of 1969 to the processes referred 

23 to in subparagraph (A), the Secretary of Defense and the 

24 Secretary of the military departments concerned shall not 

25 have to consider— 

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1 (i) the need for closing or realigning the mili2 tary installation which has been recommended for 

3 closure or realignment by the Commission; 

4 (ii) the need for transferring functions to any 

5 military installation which has been selected as the 

6 receiving installation; or 

7 (iii) military installations alternative to those 

8 recommended or selected. 

9 (3) A civil action for judicial review, with respect to 

10 any requirement of the National Environmental Policy Act 

11 of 1969 to the extent such Act is applicable under para12 graph (2), of any act or failure to act by the Department 

13 of Defense during the closing, realigning, or relocating of 

14 functions referred to in clauses (i) and (ii) of paragraph 

15 (2)(A), may not be brought more than 60 days after the 

16 date of such act or failure to act. 

17 (d) WAIVER.—The Secretary of Defense may close or 

18 realign military installations under this title without re19 gard to— 

20 (1) any provision of law restricting the use of 

21 funds for closing or realigning military installations 

22 included in any appropriations or authorization Act; 

23 and 

24 (2) sections 2662 and 2687 of title 10, United 

25 States Code. 

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1 (e) TRANSFER AUTHORITY IN CONNECTION WITH

2 PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.— 

3 (1)(A) Subject to paragraph (2) of this subsection and sec4 tion 120(h) of the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42 

6 U.S.C. 9620(h)), the Secretary may enter into an agree7 ment to transfer by deed real property or facilities referred 

8 to in subparagraph (B) with any person who agrees to 

9 perform all environmental restoration, waste management, 

10 and environmental compliance activities that are required 

11 for the property or facilities under Federal and State laws, 

12 administrative decisions, agreements (including schedules 

13 and milestones), and concurrences. 

14 (B) The real property and facilities referred to in 

15 subparagraph (A) are the real property and facilities lo16 cated at an installation closed or to be closed, or realigned 

17 or to be realigned, under this title that are available exclu18 sively for the use, or expression of an interest in a use, 

19 of a redevelopment authority under subsection (b)(6)(F) 

20 during the period provided for that use, or expression of 

21 interest in use, under that subsection. The real property 

22 and facilities referred to in subparagraph (A) are also the 

23 real property and facilities located at an installation ap24 proved for closure or realignment under this title after 

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1 2001 that are available for purposes other than to assist 

2 the homeless. 

3 (C) The Secretary may require any additional terms 

4 and conditions in connection with an agreement author5 ized by subparagraph (A) as the Secretary considers ap6 propriate to protect the interests of the United States. 

7 (2) A transfer of real property or facilities may be 

8 made under paragraph (1) only if the Secretary certifies 

9 to Congress that— 

10 (A) the costs of all environmental restoration, 

11 waste management, and environmental compliance 

12 activities otherwise to be paid by the Secretary with 

13 respect to the property or facilities are equal to or 

14 greater than the fair market value of the property 

15 or facilities to be transferred, as determined by the 

16 Secretary; or 

17 (B) if such costs are lower than the fair market 

18 value of the property or facilities, the recipient of 

19 the property or facilities agrees to pay the difference 

20 between the fair market value and such costs. 

21 (3) In the case of property or facilities covered by 

22 a certification under paragraph (2)(A), the Secretary may 

23 pay the recipient of such property or facilities an amount 

24 equal to the lesser of— 

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1 (A) the amount by which the costs incurred by 

2 the recipient of such property or facilities for all en3 vironmental restoration, waste, management, and 

4 environmental compliance activities with respect to 

5 such property or facilities exceed the fair market 

6 value of such property or facilities as specified in 

7 such certification; or 

8 (B) the amount by which the costs (as deter9 mined by the Secretary) that would otherwise have 

10 been incurred by the Secretary for such restoration, 

11 management, and activities with respect to such 

12 property or facilities exceed the fair market value of 

13 such property or facilities as so specified. 

14 (4) As part of an agreement under paragraph (1), 

15 the Secretary shall disclose to the person to whom the 

16 property or facilities will be transferred any information 

17 of the Secretary regarding the environmental restoration, 

18 waste management, and environmental compliance activi19 ties described in paragraph (1) that relate to the property 

20 or facilities. The Secretary shall provide such information 

21 before entering into the agreement. 

22 (5) Nothing in this subsection shall be construed to 

23 modify, alter, or amend the Comprehensive Environmental 

24 Response, Compensation, and Liability Act of 1980 (42 

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1 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42 

2 U.S.C. 6901 et seq.). 

3 (6) Section 330 of the National Defense Authoriza4 tion Act for Fiscal Year 1993 (Public Law 102–484; 10 

5 U.S.C. 2687 note) shall not apply to any transfer under 

6 this subsection to persons or entities described in sub7 section (a)(2) of such section 330, except in the case of 

8 releases or threatened releases not disclosed pursuant to 

9 paragraph (4). 

10 SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE AC11 COUNT 2013. 

12 (a) IN GENERAL.—(1) If the Secretary makes the 

13 certifications required under section 2903(b), there shall 

14 be established on the books of the Treasury an account 

15 to be known as the ‘‘Department of Defense Base Closure 

16 Account 2013’’ (in this section referred to as the ‘‘Ac17 count’’). The Account shall be administered by the Sec18 retary as a single account. 

19 (2) There shall be deposited into the Account— 

20 (A) funds authorized for and appropriated to 

21 the Account; 

22 (B) any funds that the Secretary may, subject 

23 to approval in an appropriation Act, transfer to the 

24 Account from funds appropriated to the Department 

25 of Defense for any purpose, except that such funds 

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1 may be transferred only after the date on which the 

2 Secretary transmits written notice of, and justifica3 tion for, such transfer to the congressional defense 

4 committees; and 

5 (C) except as provided in subsection (d), pro6 ceeds received from the lease, transfer, or disposal of 

7 any property at a military installation that is closed 

8 or realigned under this title. 

9 (3) The Account shall be closed at the time and in 

10 the manner provided for appropriation accounts under sec11 tion 1555 of title 31, United States Code. Unobligated 

12 funds which remain in the Account upon closure shall be 

13 held by the Secretary of the Treasury until transferred 

14 by law after the congressional defense committees receive 

15 the final report transmitted under subsection (c)(2). 

16 (b) USE OF FUNDS.—(1) The Secretary may use the 

17 funds in the Account only for the purposes described in 

18 section 2905 with respect to military installations ap19 proved for closure or realignment under this title. 

20 (2) When a decision is made to use funds in the Ac21 count to carry out a construction project under section 

22 2905(a) and the cost of the project will exceed the max23 imum amount authorized by law for a minor military con24 struction project, the Secretary shall notify in writing the 

25 congressional defense committees of the nature of, and 

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1 justification for, the project and the amount of expendi2 tures for such project. Any such construction project may 

3 be carried out without regard to section 2802(a) of title 

4 10, United States Code. 

5 (c) REPORTS.—(1)(A) No later than 60 days after 

6 the end of each fiscal year in which the Secretary carries 

7 out activities under this title using amounts in the Ac8 count, the Secretary shall transmit a report to the con9 gressional defense committees of— 

10 (i) the amount and nature of the deposits into, 

11 and the expenditures from, the Account during such 

12 fiscal year; 

13 (ii) the amount and nature of other expendi14 tures made pursuant to section 2905(a) during such 

15 fiscal year; 

16 (iii) the amount and nature of anticipated de17 posits to be made into, and the anticipated expendi18 tures to be made from, the Account during the first 

19 fiscal year commencing after the submission of the 

20 report; and 

21 (iv) the amount and nature of anticipated ex22 penditures to be made pursuant to section 2905(a) 

23 during the first fiscal year commencing after the 

24 submission of the report. 

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1 (B) The report for a fiscal year shall include the fol2 lowing: 

3 (i) The obligations and expenditures from the 

4 Account during the fiscal year, identified by sub5 account and installation, for each military depart6 ment and Defense Agency. 

7 (ii) The fiscal year in which appropriations for 

8 such expenditures were made and the fiscal year in 

9 which funds were obligated for such expenditures. 

10 (iii) Each military construction project for 

11 which such obligations and expenditures were made, 

12 identified by installation and project title. 

13 (iv) A description and explanation of the extent, 

14 if any, to which expenditures for military construc15 tion projects for the fiscal year differed from pro16 posals for projects and funding levels that were in17 cluded in the justification transmitted to Congress 

18 under section 2907(1), or otherwise, for the funding 

19 proposals for the Account for such fiscal year, in20 cluding an explanation of— 

21 (I) any failure to carry out military con22 struction projects that were so proposed; and 

23 (II) any expenditures for military construc24 tion projects that were not so proposed. 

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1 (v) An estimate of the net revenues to be re2 ceived from property disposals to be completed dur3 ing the first fiscal year commencing after the sub4 mission of the report at military installations ap5 proved for closure or realignment under this title. 

6 (2) No later than 60 days after the closure of the 

7 Account under subsection (a)(3), the Secretary shall 

8 transmit to the congressional defense committees a report 

9 containing an accounting of— 

10 (A) all the funds deposited into and expended 

11 from the Account or otherwise expended under this 

12 title with respect to such installations; and 

13 (B) any amount remaining in the Account. 

14 (d) DISPOSAL OR TRANSFER OF COMMISSARY

15 STORES AND PROPERTY PURCHASED WITH NON16 APPROPRIATED FUNDS.—(1) If any real property or facil17 ity acquired, constructed, or improved (in whole or in part) 

18 with commissary store funds or nonappropriated funds is 

19 transferred or disposed of in connection with the closure 

20 or realignment of a military installation under this title, 

21 a portion of the proceeds of the transfer or other disposal 

22 of property on that installation shall be deposited in the 

23 reserve account established under section 204(b)(7)(C) of 

24 the Defense Authorization Amendments and Base Closure 

25 and Realignment Act (10 U.S.C. 2687 note). 

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1 (2) The amount so deposited shall be equal to the 

2 depreciated value of the investment made with such funds 

3 in the acquisition, construction, or improvement of that 

4 particular real property or facility. The depreciated value 

5 of the investment shall be computed in accordance with 

6 regulations prescribed by the Secretary. 

7 (3) The Secretary may use amounts in the reserve 

8 account, without further appropriation, for the purpose of 

9 acquiring, constructing, and improving— 

10 (A) commissary stores; and 

11 (B) real property and facilities for non12 appropriated fund instrumentalities. 

13 (4) As used in this subsection: 

14 (A) The term ‘‘commissary store funds’’ means 

15 funds received from the adjustment of, or surcharge 

16 on, selling prices at commissary stores fixed under 

17 section 2685 of title 10, United States Code. 

18 (B) The term ‘‘nonappropriated funds’’ means 

19 funds received from a nonappropriated fund instru20 mentality. 

21 (C) The term ‘‘nonappropriated fund instru22 mentality’’ means an instrumentality of the United 

23 States under the jurisdiction of the Armed Forces 

24 (including the Army and Air Force Exchange Serv25 ice, the Navy Resale and Services Support Office, 

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1 and the Marine Corps exchanges) which is conducted 

2 for the comfort, pleasure, contentment, or physical 

3 or mental improvement of members of the Armed 

4 Forces. 

5 (e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR

6 ENVIRONMENTAL RESTORATION PROJECTS.—Except for 

7 funds deposited into the Account under subsection (a), 

8 funds appropriated to the Department of Defense may not 

9 be used for purposes described in section 2905(a)(1)(C). 

10 The prohibition in this subsection shall expire upon the 

11 closure of the Account under subsection (a)(3). 

12 (f) AUTHORIZED COST AND SCOPE OF WORK VARI13 ATIONS.—(1) Subject to paragraphs (2) and (3), the cost 

14 authorized for a military construction project or military 

15 family housing project to be carried out using funds in 

16 the Account may not be increased or reduced by more than 

17 20 percent or $2,000,000, whichever is less, of the amount 

18 specified for the project in the conference report to accom19 pany the Military Construction Authorization Act author20 izing the project. The scope of work for such a project 

21 may not be reduced by more than 25 percent from the 

22 scope specified in the most recent budget documents for 

23 the projects listed in such conference report. 

24 (2) Paragraph (1) shall not apply to a military con25 struction project or military family housing project to be 

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1 carried out using funds in the Account with an estimated 

2 cost of less than $5,000,000, unless the project has not 

3 been previously identified in any budget submission for the 

4 Account and exceeds the applicable minor construction 

5 threshold under section 2805 of title 10, United States 

6 Code. 

7 (3) The limitation on cost or scope variation in para8 graph (1) shall not apply if the Secretary of Defense 

9 makes a determination that an increase or reduction in 

10 cost or a reduction in the scope of work for a military 

11 construction project or military family housing project to 

12 be carried out using funds in the Account needs to be 

13 made for the sole purpose of meeting unusual variations 

14 in cost or scope. If the Secretary makes such a determina15 tion, the Secretary shall notify the congressional defense 

16 committees of the variation in cost or scope not later than 

17 21 days before the date on which the variation is made 

18 in connection with the project or, if the notification is pro19 vided in an electronic medium pursuant to section 480 of 

20 title 10, United States Code, not later than 14 days before 

21 the date on which the variation is made. The Secretary 

22 shall include the reasons for the variation in the notifica23 tion. 

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1 SEC. 2907. REPORTS. 

2 (a) REPORTING REQUIREMENT.—As part of the 

3 budget request for fiscal year 2017 and for each fiscal 

4 year thereafter through fiscal year 2028 for the Depart5 ment of Defense, the Secretary shall transmit to the con6 gressional defense committees— 

7 (1) a schedule of the closure actions to be car8 ried out under this title in the fiscal year for which 

9 the request is made and an estimate of the total ex10 penditures required and cost savings to be achieved 

11 by each such closure and of the time period in which 

12 these savings are to be achieved in each case, to13 gether with the Secretary’s assessment of the envi14 ronmental effects of such actions; 

15 (2) a description of the military installations, 

16 including those under construction and those 

17 planned for construction, to which functions are to 

18 be transferred as a result of such closures, together 

19 with the Secretary’s assessment of the environmental 

20 effects of such transfers; 

21 (3) a description of the closure actions already 

22 carried out at each military installation since the 

23 date of the installation’s approval for closure under 

24 this title and the current status of the closure of the 

25 installation, including whether— 

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1 (A) a redevelopment authority has been 

2 recognized by the Secretary for the installation; 

3 (B) the screening of property at the instal4 lation for other Federal use has been com5 pleted; and 

6 (C) a redevelopment plan has been agreed 

7 to by the redevelopment authority for the in8 stallation; 

9 (4) a description of redevelopment plans for 

10 military installations approved for closure under this 

11 title, the quantity of property remaining to be dis12 posed of at each installation as part of its closure, 

13 and the quantity of property already disposed of at 

14 each installation; 

15 (5) a list of the Federal agencies that have re16 quested property during the screening process for 

17 each military installation approved for closure under 

18 this title, including the date of transfer or antici19 pated transfer of the property to such agencies, the 

20 acreage involved in such transfers, and an expla21 nation for any delays in such transfers; 

22 (6) a list of known environmental remediation 

23 issues at each military installation approved for clo24 sure under this title, including the acreage affected 

25 by these issues, an estimate of the cost to complete 

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1 such environmental remediation, and the plans (and 

2 timelines) to address such environmental remedi3 ation; and 

4 (7) an estimate of the date for the completion 

5 of all closure actions at each military installation ap6 proved for closure or realignment under this title. 

7 SEC. 2908. CONGRESSIONAL CONSIDERATION OF COMMIS8 SION REPORT. 

9 (a) TERMS OF THE RESOLUTION.—For purposes of 

10 section 2904(b), the term ‘‘joint resolution’’ means only 

11 a joint resolution which is introduced within the 10-day 

12 period beginning on the date on which the President trans13 mits the report to the Congress under section 2903(j), 

14 and— 

15 (1) which does not have a preamble; 

16 (2) the matter after the resolving clause of 

17 which is as follows: ‘‘That Congress disapproves the 

18 recommendations of the Defense Base Closure and 

19 Realignment Commission as submitted by the Presi20 dent on llll’’, the blank space being filled in 

21 with the appropriate date; and 

22 (3) the title of which is as follows: ‘‘Joint reso23 lution disapproving the recommendations of the De24 fense Base Closure and Realignment Commission.’’. 

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1 (b) REFERRAL.—A resolution described in subsection 

2 (a) that is introduced in the House of Representatives 

3 shall be referred to the Committee on Armed Services of 

4 the House of Representatives. A resolution described in 

5 subsection (a) introduced in the Senate shall be referred 

6 to the Committee on Armed Services of the Senate. 

7 (c) DISCHARGE.—If the committee to which a resolu8 tion described in subsection (a) is referred has not re9 ported such a resolution (or an identical resolution) by the 

10 end of the 20-day period beginning on the date on which 

11 the President transmits the report to the Congress under 

12 section 2903(j), such committee shall be, at the end of 

13 such period, discharged from further consideration of such 

14 resolution, and such resolution shall be placed on the ap15 propriate calendar of the House involved. 

16 (d) CONSIDERATION.—(1) On or after the third day 

17 after the date on which the committee to which such a 

18 resolution is referred has reported, or has been discharged 

19 (under subsection (c)) from further consideration of, such 

20 a resolution, it is in order (even though a previous motion 

21 to the same effect has been disagreed to) for any Member 

22 of the respective House to move to proceed to the consider23 ation of the resolution. A member may make the motion 

24 only on the day after the calendar day on which the Mem25 ber announces to the House concerned the Member’s inmstockstill on DSK4VPTVN1PROD with BILLS

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1 tention to make the motion, except that, in the case of 

2 the House of Representatives, the motion may be made 

3 without such prior announcement if the motion is made 

4 by direction of the committee to which the resolution was 

5 referred. All points of order against the resolution (and 

6 against consideration of the resolution) are waived. The 

7 motion is highly privileged in the House of Representatives 

8 and is privileged in the Senate and is not debatable. The 

9 motion is not subject to amendment, or to a motion to 

10 postpone, or to a motion to proceed to the consideration 

11 of other business. A motion to reconsider the vote by 

12 which the motion is agreed to or disagreed to shall not 

13 be in order. If a motion to proceed to the consideration 

14 of the resolution is agreed to, the respective House shall 

15 immediately proceed to consideration of the joint resolu16 tion without intervening motion, order, or other business, 

17 and the resolution shall remain the unfinished business of 

18 the respective House until disposed of. 

19 (2) Debate on the resolution, and on all debatable 

20 motions and appeals in connection therewith, shall be lim21 ited to not more than 2 hours, which shall be divided 

22 equally between those favoring and those opposing the res23 olution. An amendment to the resolution is not in order. 

24 A motion further to limit debate is in order and not debat25 able. A motion to postpone, or a motion to proceed to the 

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1 consideration of other business, or a motion to recommit 

2 the resolution is not in order. A motion to reconsider the 

3 vote by which the resolution is agreed to or disagreed to 

4 is not in order. 

5 (3) Immediately following the conclusion of the de6 bate on a resolution described in subsection (a) and a sin7 gle quorum call at the conclusion of the debate if re8 quested in accordance with the rules of the appropriate 

9 House, the vote on final passage of the resolution shall 

10 occur. 

11 (4) Appeals from the decisions of the Chair relating 

12 to the application of the rules of the Senate or the House 

13 of Representatives, as the case may be, to the procedure 

14 relating to a resolution described in subsection (a) shall 

15 be decided without debate. 

16 (e) CONSIDERATION BY OTHER HOUSE.—(1) If, be17 fore the passage by one House of a resolution of that 

18 House described in subsection (a), that House receives 

19 from the other House a resolution described in subsection 

20 (a), then the following procedures shall apply: 

21 (A) The resolution of the other House shall not 

22 be referred to a committee and may not be consid23 ered in the House receiving it except in the case of 

24 final passage as provided in subparagraph (B)(ii). 

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1 (B) With respect to a resolution described in 

2 subsection (a) of the House receiving the resolu3 tion— 

4 (i) the procedure in that House shall be 

5 the same as if no resolution had been received 

6 from the other House; but 

7 (ii) the vote on final passage shall be on 

8 the resolution of the other House. 

9 (2) Upon disposition of the resolution received from 

10 the other House, it shall no longer be in order to consider 

11 the resolution that originated in the receiving House. 

12 (f) RULES OF THE SENATE AND HOUSE.—This sec13 tion is enacted by Congress— 

14 (1) as an exercise of the rulemaking power of 

15 the Senate and House of Representatives, respec16 tively, and as such it is deemed a part of the rules 

17 of each House, respectively, but applicable only with 

18 respect to the procedure to be followed in that 

19 House in the case of a resolution described in sub20 section (a), and it supersedes other rules only to the 

21 extent that it is inconsistent with such rules; and 

22 (2) with full recognition of the constitutional 

23 right of either House to change the rules (so far as 

24 relating to the procedure of that House) at any time, 

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1 in the same manner, and to the same extent as in 

2 the case of any other rule of that House. 

3 SEC. 2909. RESTRICTION ON OTHER BASE CLOSURE AU4 THORITY. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (c), during the period beginning on the date of the enact7 ment of this Act, and ending on April 15, 2016, this title 

8 shall be the exclusive authority for selecting for closure 

9 or realignment, or for carrying out any closure or realign10 ment of, a military installation inside the United States. 

11 (b) RESTRICTION.—Except as provided in subsection 

12 (c), none of the funds available to the Department of De13 fense may be used, other than under this title, during the 

14 period specified in subsection (a)— 

15 (1) to identify, through any transmittal to the 

16 Congress or through any other public announcement 

17 or notification, any military installation inside the 

18 United States as an installation to be closed or re19 aligned or as an installation under consideration for 

20 closure or realignment; or 

21 (2) to carry out any closure or realignment of 

22 a military installation inside the United States. 

23 (c) EXCEPTION.—Nothing in this title affects the au24 thority of the Secretary to carry out closures and realign25 ments to which section 2687 of title 10, United States 

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1 Code, is not applicable, including closures and realign2 ments carried out for reasons of national security or a 

3 military emergency referred to in subsection (c) of such 

4 section. 

5 SEC. 2910. DEFINITIONS. 

6 As used in this title: 

7 (1) The term ‘‘Account’’ means the Department 

8 of Defense Base Closure Account established by sec9 tion 2906(a)(1). 

10 (2) The term ‘‘congressional defense commit11 tees’’ means the Committee on Armed Services and 

12 the Committee on Appropriations of the Senate and 

13 the Committee on Armed Services and the Com14 mittee on Appropriations of the House of Represent15 atives. 

16 (3) The term ‘‘Commission’’ means the Com17 mission established by section 2902. 

18 (4) The term ‘‘military installation’’ means a 

19 base, camp, post, station, yard, center, homeport fa20 cility for any ship, or other activity under the juris21 diction of the Department of Defense, including any 

22 leased facility. Such term does not include any facil23 ity used primarily for civil works, rivers and harbors 

24 projects, flood control, or other projects not under 

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1 the primary jurisdiction or control of the Depart2 ment of Defense. 

3 (5) The term ‘‘realignment’’ includes any action 

4 which both reduces and relocates functions and civil5 ian personnel positions but does not include a reduc6 tion in force resulting from workload adjustments, 

7 reduced personnel or funding levels, or skill imbal8 ances. 

9 (6) The term ‘‘Secretary’’ means the Secretary 

10 of Defense. 

11 (7) The term ‘‘United States’’ means the 50 

12 States, the District of Columbia, the Commonwealth 

13 of Puerto Rico, Guam, the Virgin Islands, American 

14 Samoa, and any other commonwealth, territory, or 

15 possession of the United States. 

16 (8) The term ‘‘date of approval’’, with respect 

17 to a closure or realignment of an installation, means 

18 the date on which the authority of Congress to dis19 approve a recommendation of closure or realign20 ment, as the case may be, of such installation under 

21 this title expires. 

22 (9) The term ‘‘redevelopment authority’’, in the 

23 case of an installation to be closed or realigned 

24 under this title, means any entity (including an enti25 ty established by a State or local government) recogmstockstill on DSK4VPTVN1PROD with BILLS

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1 nized by the Secretary of Defense as the entity re2 sponsible for developing the redevelopment plan with 

3 respect to the installation or for directing the imple4 mentation of such plan. 

5 (10) The term ‘‘redevelopment plan’’ in the 

6 case of an installation to be closed or realigned 

7 under this title, means a plan that— 

8 (A) is agreed to by the local redevelopment 

9 authority with respect to the installation; and 

10 (B) provides for the reuse or redevelop11 ment of the real property and personal property 

12 of the installation that is available for such 

13 reuse and redevelopment as a result of the clo14 sure or realignment of the installation. 

15 (11) The term ‘‘representative of the homeless’’ 

16 has the meaning given such term in section 

17 501(i)(4) of the Stewart B. McKinney Homeless As18 sistance Act (42 U.S.C. 11411(i)(4)). 

19 SEC. 2911. TREATMENT AS A BASE CLOSURE LAW FOR PUR20 POSES OF OTHER PROVISIONS OF LAW. 

21 (a) DEFINITION OF ‘‘BASE CLOSURE LAW’’ IN TITLE

22 10.—Section 101(a)(17) of title 10, United States Code, 

23 is amended by adding at the end the following new sub24 paragraph: 

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1 ‘‘(D) The Defense Base Closure and Realign2 ment Act of 2013.’’. 

3 (b) DEFINITION OF ‘‘BASE CLOSURE LAW’’ IN

4 OTHER LAWS.— 

5 (1) Section 131(b) of Public Law 107–249 (10 

6 U.S.C. 221 note) is amended by striking ‘‘means’’ 

7 and all that follows and inserting ‘‘has the meaning 

8 given the term ‘base closure law’ in section 

9 101(a)(17) of title 10, United States Code.’’. 

10 (2) Section 1334(k)(1) of the National Defense 

11 Authorization Act for Fiscal Year 1994 (Public Law 

12 103–160; 10 U.S.C. 2701 note) is amended by add13 ing at the end the following new subparagraph: 

14 ‘‘(C) The Defense Base Closure and Re15 alignment Act of 2013.’’. 

16 (3) Section 2918(a)(1) of the National Defense 

17 Authorization Act for Fiscal Year 1994 (Public Law 

18 103–160; 10 U.S.C. 2687 note) is amended by add19 ing at the end the following new subparagraph: 

20 ‘‘(C) The Defense Base Closure and Re21 alignment Act of 2013.’’. 

22 SEC. 2912. CONFORMING AMENDMENTS. 

23 (a) DEPOSIT AND USE OF LEASE PROCEEDS.—Sec24 tion 2667(e) of title 10, United States Code, is amended— 

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1 (1) in paragraph (5), by striking ‘‘on or after 

2 January 1, 2005,’’ and inserting ‘‘from January 1, 

3 2005 through December 31, 2005,’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(6) Money rentals received by the United States 

7 from a lease under subsection (g) at a military installation 

8 approved for closure or realignment under a base closure 

9 law on or after January 1, 2006, shall be deposited into 

10 the account established under section 2906 of the Defense 

11 Base Closure and Realignment Act of 2013.’’. 

12 (b) REQUESTS BY PUBLIC AGENCIES FOR PROPERTY

13 FOR PUBLIC AIRPORTS.—Section 47151(g) of title 49, 

14 United States Code, is amended by striking ‘‘section 2687 

15 of title 10, section 201 of the Defense Authorization 

16 Amendments and Base Closure and Realignment Act (10 

17 U.S.C. 2687 note), or section 2905 of the Defense Base 

18 Closure and Realignment Act of 1990 (10 U.S.C. 2687 

19 note)’’ and inserting ‘‘a base closure law, as that term is 

20 defined in section 101(a)(17) of title 10,’’. 

21 (c) RESTORED LEAVE.—Section 6304(d)(3)(A) of 

22 title 5, United States Code, is amended by striking ‘‘the 

23 Defense Base Closure and Realignment Act of 1990 (part 

24 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

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1 note)’’ and inserting ‘‘a base closure law, as that term is 

2 defined in section 101(a)(17) of title 10,’’. 

Æ 

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