II 

114TH CONGRESS 

1ST SESSION S. 1118 

To authorize appropriations for fiscal year 2016 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 

APRIL 28, 2015 

Mr. MCCAIN (for himself and Mr. REED) (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 2016 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 2016’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 1118 IS

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 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. Defense Production Act purchases. 

Sec. 106. Multiyear procurement authority for Standard Missile–3 Block IB 

guided missiles. 

Sec. 107. Repeal of limitation on retirement of U–2 aircraft. 

Sec. 108. Availability of Air Force procurement funds for certain commercial 

off-the-shelf parts for intercontinental ballistic missile fuzes. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 201. Authorization of appropriations. 

Sec. 202. Repeal of requirement for initial operating capability of a conventional long-range standoff weapon before retirement of the conventionally armed AGM–86 missile. 

TITLE III—OPERATION AND MAINTENANCE 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Modification of requirements for transferring aircraft within the Air 

Force inventory. 

Sec. 303. Revision to scope of statutorily required review of projects relating to 

potential obstructions to aviation so as to apply only to energy 

projects. 

Sec. 304. Establishment of Southern Sea Otter Military Readiness Areas. 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•S 1118 IS

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 2016 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 POLICY 

Subtitle A—Officer Personnel Policy Generally 

Sec. 501. Enhanced flexibility for determination of officers to continue on active duty and for selective early retirement and early discharge. 

Sec. 502. Authority to defer until age 68 mandatory retirement for age of a 

general or flag officer serving as Chief or Deputy Chief of 

Chaplains of the Army, Navy, or Air Force. 

Sec. 503. Reduction in required number of members of Discharge Review 

Boards. 

Sec. 504. Standardization of grade for certain medical and dental branch positions. 

Sec. 505. Reinstatement of enhanced authority for selective early discharge of 

warrant officers. 

Sec. 506. Authority to conduct warrant officer retired grade determinations. 

Subtitle B—Reserve Component Management 

Sec. 511. Increase from 90 to 180 in number of days of active duty required 

to be performed by reserve component members for that duty 

to be considered Federal service for purposes of unemployment 

compensation for ex-servicemembers. 

Sec. 512. Reconciliation of contradictory provisions relating to citizenship qualifications for enlistment in the reserve components of the 

Armed Forces. 

Sec. 513. Authority for the Secretary of Homeland Security to order a member 

of the Coast Guard Reserve to active duty for medical care or 

medical evaluation. 

Sec. 514. Inclusion of duty performed by a reserve component member under 

a call or order to active duty for medical purposes as qualifying 

active duty time for purposes of Post-9/11 GI Bill education 

benefits. 

Sec. 515. Authority to designate certain reserve officers as not to be considered 

for selection for promotion. 

Sec. 516. Clarification of purpose of reserve component Special Selection 

Boards as limited to correction of error at a mandatory promotion board. 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•S 1118 IS

Sec. 517. Expansion of authorized primary duties of Air Force Reserve Component full-time support personnel. 

Subtitle C—Member Education and Training 

Sec. 521. Repeal of statutory specification of minimum duration of in-resident 

instruction for courses of instruction offered as part of Phase 

II Joint Professional Military Education. 

Sec. 522. Retention of entitlement to educational assistance during certain additional periods of active duty. 

Sec. 523. Authority for United States Air Force Institute of Technology to 

charge and retain tuition for instruction of persons other than 

Air Force personnel detailed for instruction at the institute. 

Sec. 524. Repeal of time-in-service requirement for Funded Legal Education 

Program. 

Subtitle D—Defense Dependents’ Education and Military Family Readiness 

Matters 

Sec. 531. Authority to use appropriated funds to support Department of Defense student meal programs in domestic dependent elementary 

and secondary schools located outside the United States. 

Sec. 532. In-state tuition rates for Senior Reserve Officers’ Training Corps cadets and midshipmen. 

Subtitle E—Other Matters 

Sec. 541. Expansion and extension of authority for pilot programs on career 

flexibility to enhance retention of members of the Armed 

Forces. 

Sec. 542. Update to involuntary mobilization duty authorities exempt from fiveyear limit under the Uniformed Services Employment and Reemployment Rights Act. 

Sec. 543. Enhancement of confidentiality of restricted reporting of sexual assault in the military. 

Sec. 544. Enhanced flexibility in provision of relocation assistance to members 

of the Armed Forces and their families. 

Sec. 545. Required provision of preseparation counseling. 

Sec. 546. Enhancements to Yellow Ribbon Reintegration Program. 

Sec. 547. Authority for applications for correction of military records to be initiated by Secretary concerned. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2016 increase in military basic pay. 

Sec. 602. Revision to method of computation of basic allowance for housing. 

Subtitle B—Bonuses and Special Incentive Pays 

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

Sec. 612. Modification to special aviation incentive pay and bonus authorities 

for officers. 

Sec. 613. Increase in maximum annual amount of nuclear officer bonus pay. 

Subtitle C—Other Matters 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•S 1118 IS

Sec. 621. Revision to authorities relating to mail service for members of the 

Armed Forces and defense civilians overseas. 

Sec. 622. Repeal of obsolete special travel and transportation allowance for survivors of deceased members from the Vietnam conflict. 

Sec. 623. Clarification of authority for recording obligations for installment 

payments of incentive pays, allowances, and similar benefits 

when payment is due. 

Sec. 624. Additional coverage under homeowner assistance program for wounded members of the Armed Forces, Department of Defense and 

Coast Guard civilian employees, and their spouses. 

TITLE VII—HEALTHCARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 701. Consolidated TRICARE health plan. 

Sec. 702. Revisions to cost-sharing requirements for TRICARE for Life and 

the Pharmacy Benefits Program. 

Subtitle B—Health Care Administration 

Sec. 711. Limitation on conversion of military medical and dental positions to 

civilian medical and dental positions. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Program fraud civil remedies statute for the Department of Defense 

and the National Aeronautics and Space Administration. 

Sec. 802. Improvements to the operation of the Defense Acquisition Workforce 

Development Fund. 

Sec. 803. Revision to effective date applicable to prior extension of applicability 

of the senior executive benchmark compensation amount for 

purposes of allowable cost limitations under defense contracts. 

Subtitle B—Amendments to General Contract Authorities, Procedures, and 

Limitations 

Sec. 811. Revision to method of rounding of acquisition-related dollar thresholds when adjusting for inflation. 

Sec. 812. Extension of authority to acquire products and services produced in 

countries along a major route of supply to Afghanistan. 

Sec. 813. Exception to requirement to include cost or price to the Government 

as a factor in the evaluation of proposals for certain task or 

delivery order contracts. 

Subtitle C—Acquisition Reform Proposals 

Sec. 821. Modification to requirements relating to determination of contract 

type for major development programs. 

Sec. 822. Repeal of requirement for stand-alone manpower estimates for major 

defense acquisition programs. 

Sec. 823. Revision of milestone decision authority responsibilities for major defense acquisition programs. 

Sec. 824. Streamlining of requirements relating to defense business systems. 

Sec. 825. Revision to life-cycle management and product support requirements. 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•S 1118 IS

Sec. 826. Acquisition strategy required for each major defense acquisition program. 

Sec. 827. Revision to requirements relating to risk reduction in development of 

major defense acquisition programs. 

Subtitle D—Other Matters 

Sec. 831. Extension of the Department of Defense Mentor-Prote ́ge ́ Pilot Program. 

Sec. 832. Streamlining of reporting requirements applicable to Assistant Secretary of Defense for Research and Engineering regarding 

major defense acquisition programs. 

Sec. 833. Revision to required distribution of assistance under Procurement 

Technical Assistance Cooperative Agreement Program. 

Sec. 834. Expansion of rapid acquisition authority. 

Sec. 835. Modification of prohibition on contracting with Russian suppliers of 

rocket engines for the Evolved Expendable Launch Vehicle 

Program. 

Sec. 836. Treatment of lobbying and political activity costs as allowable costs 

under Department of Energy contracts. 

Sec. 837. Revisions to the Strategic and Critical Materials Stock Piling Act. 

Sec. 838. Authority to dispose of certain materials from and to acquire additional materials for the National Defense Stockpile. 

Sec. 839. Extension of authority for the Civilian Acquisition Workforce Personnel Demonstration Project. 

Sec. 840. Extension of special emergency procurement authority. 

Sec. 841. Micro-purchase threshold applicable to Government procurements. 

Sec. 842. Increase in simplified acquisition threshold and in small business setaside threshold. 

Sec. 843. Innovation set aside program. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Sec. 901. Reorganization and redesignation of Office of Family Policy and Office of Community Support for Military Families with Special 

Needs. 

Sec. 902. Change of period for Chairman of the Joint Chiefs of Staff review 

of the Unified Command Plan to not less than every four 

years. 

Sec. 903. Update of statutory specification of functions of the Chairman of the 

Joint Chiefs of Staff relating to advice on requirements, programs, and budget. 

Sec. 904. Statutory streamlining to enable Defense Commissary Agency to become partially self-sustaining. 

Sec. 905. Modification of requirements to maintain Navy airborne signals intelligence, surveillance, and reconnaissance capabilities. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Enhancement of interagency support during contingency operations 

and transition periods. 

Sec. 1002. Repeal of requirement that the Department of the Navy provide 

funding for the Ocean Research Advisory Panel. 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•S 1118 IS

Subtitle B—Naval Vessels and Shipyards 

Sec. 1021. Extension of authority for reimbursement of expenses for certain 

Navy mess operations afloat. 

Sec. 1022. Refueling and complex overhaul of Nimitz-class aircraft carriers. 

Subtitle C—Other Matters 

Sec. 1041. Transfer of functions of the Veterans’ Advisory Board on Dose Reconstruction to the Secretaries of Veterans Affairs and Defense. 

Sec. 1042. Repeal and modification of reporting requirements. 

Sec. 1043. Protection for certain sensitive information. 

Sec. 1044. Consular notification compliance. 

Sec. 1045. Consular immunities. 

Sec. 1046. Revision of Freedom of Information Act to reinstate exemptions 

under that Act as in effect before the Supreme Court decision 

in Milner v. Department of the Navy. 

Sec. 1047. Exemption of information on military tactics, techniques, and procedures from release under Freedom of Information Act. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a 

combat zone. 

Sec. 1102. Authority to provide additional allowances and benefits for Defense 

Clandestine Service employees. 

Sec. 1103. Extension of rate of overtime pay for Department of the Navy employees performing work aboard or dockside in support of the 

nuclear-powered aircraft carrier forward deployed in Japan. 

Sec. 1104. Two-year extension of sunset provision applicable to expedited hiring 

authority for designated Defense Acquisition Workforce positions. 

Sec. 1105. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Sec. 1201. Extension of authority to support operations and activities of the 

Office of Security Cooperation—Iraq. 

Sec. 1202. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Sec. 1203. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan. 

Sec. 1204. Authority for acceptance and use of contributions from Kuwait for 

certain mutually beneficial projects. 

Sec. 1205. Extension of Commanders’ Emergency Response Program in Afghanistan. 

Sec. 1206. Increase in thresholds for definition of major defense equipment for 

purposes of Arms Export Control Act. 

Sec. 1207. Maintenance of prohibition on procurement by Department of Defense of Communist Chinese-origin items that meet the definition of goods and services controlled as munitions items when 

moved to the ‘‘600 series’’ of the Commerce Control List. 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•S 1118 IS

Sec. 1208. Modification of global lift and sustain to support partners and allies. 

Sec. 1209. Reimbursements for certain counterinsurgency, counterterrorism 

and stabilization operations carried out by Pakistan. 

Sec. 1210. NATO Special Operations Headquarters. 

Sec. 1211. Afghanistan Security Forces Fund. 

Sec. 1212. Non-conventional assisted recovery capabilities. 

Sec. 1213. Permanent authority to provide rewards through Government personnel of allied forces and certain other modifications to Department of Defense program to provide rewards. 

Sec. 1214. Extension of authority to conduct activities to enhance the capability 

of foreign countries to respond to incidents involving weapons 

of mass destruction. 

Sec. 1215. Authority for Secretary of Defense to engage in commercial activities as security for military operations abroad. 

Sec. 1216. Extension of Afghan Special Immigrant Visa Program. 

Sec. 1217. Liquidation of unpaid credits accrued as a result of transactions 

under a cross-servicing agreement. 

Sec. 1218. Eastern European Training Initiative. 

Sec. 1219. Extension, expansion, and revision of authority for assistance to the 

Government of Jordan for border security operations. 

Sec. 1220. Permanent authority to transport allied personnel during contingencies or disaster responses. 

TITLE XIII—[RESERVED] 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. Joint Urgent Operational Needs Fund. 

Sec. 1403. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-Wide. 

Sec. 1405. Defense Inspector General. 

Sec. 1406. Defense Health Program. 

Subtitle B—Other Matters 

Sec. 1411. 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. 1412. Authorization of appropriations for Armed Forces Retirement 

Home. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS 

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. Defense-wide activities procurement. 

Sec. 1507. Research, development, test, and evaluation. 

Sec. 1508. Operation and maintenance. 

Sec. 1509. Military personnel. 


smartinez on DSK4TPTVN1PROD with BILLS
9 

•S 1118 IS

Sec. 1510. Working capital funds. 

Sec. 1511. Defense Health Program. 

Sec. 1512. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1513. Defense Inspector General. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified 

by law. 

Sec. 2003. Effective date. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2013 

project. 

Sec. 2106. Extension of authorization of certain fiscal year 2012 project. 

Sec. 2107. Extension of authorizations of certain fiscal year 2013 projects. 

Sec. 2108. Additional authority to carry out certain fiscal year 2016 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. Extension of authorizations of certain fiscal year 2012 projects. 

Sec. 2206. Extension of authorizations of certain fiscal year 2013 projects. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authority to carry out certain fiscal year 2010 

project. 

Sec. 2306. Modification of authority to carry out certain fiscal year 2014 

project. 

Sec. 2307. Modification of authority to carry out certain fiscal year 2015 

project. 

Sec. 2308. Extension of authorization of certain fiscal year 2012 project. 

Sec. 2309. Extension of authorization of certain fiscal year 2013 project. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Authorized energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2012 

project. 

Sec. 2405. Extension of authorizations of certain fiscal year 2012 projects. 


smartinez on DSK4TPTVN1PROD with BILLS
10 

•S 1118 IS

Sec. 2406. Extension of authorizations of certain fiscal year 2013 projects. 

Sec. 2407. Additional authority to carry out certain fiscal year 2016 project. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Subtitle A—Project Authorizations and Authorization of Appropriations 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 

and land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition 

projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Subtitle B—Other Matters 

Sec. 2611. Modification and extension of authority to carry out certain fiscal 

year 2013 project. 

Sec. 2612. Modification of authority to carry out certain fiscal year 2015 

projects. 

Sec. 2613. Extension of authorizations of certain fiscal year 2012 projects. 

Sec. 2614. Extension of authorizations of certain fiscal year 2013 projects. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Sec. 2801. Change in authorities relating to scope of work variations for military construction projects. 

Sec. 2802. Enhanced authority to carry out emergency military construction 

projects when necessary to support requirements of combatant 

commanders. 

Sec. 2803. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities. 

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

maintenance funds for construction projects outside the United 

States. 

Sec. 2805. Production and use of natural gas at Fort Knox, Kentucky. 

Sec. 2806. Increase of threshold of notice and wait requirement for certain facilities for reserve components and parity with authority for 

unspecified minor military construction and repair projects. 

TITLE XXIX—DEFENSE BASE CLOSURE AND REALIGNMENT 


smartinez on DSK4TPTVN1PROD with BILLS
11 

•S 1118 IS

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 2015. 

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. 

TITLE XXX—MILITARY CONSTRUCTION FUNDING 

Sec. 3001. Authorization of amounts in funding tables. 

Sec. 3002. Military construction table. 

1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 SEC. 101. ARMY. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2016 for procurement for the Army as follows: 

7 (1) For aircraft, $5,689,357,000. 

8 (2) For missiles, $1,419,957,000. 

9 (3) For weapons and tracked combat vehicles, 

10 $1,887,073,000. 

11 (4) For ammunition, $1,233,378,000. 

12 (5) For other procurement, $5,899,028,000. 

13 SEC. 102. NAVY AND MARINE CORPS. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2016 for procurement for the Navy and Marine 

16 Corps as follows: 

17 (1) For aircraft, $16,126,405,000. 


smartinez on DSK4TPTVN1PROD with BILLS
12 

•S 1118 IS

1 (2) For weapons, including missiles and tor2 pedoes, $3,154,154,000. 

3 (3) For ammunition procurement, Navy and 

4 Marine Corps, $723,741,000. 

5 (4) For shipbuilding and conversion, 

6 $16,597,457,000. 

7 (5) For other procurement, $6,614,715,000. 

8 (6) For procurement, Marine Corps, 

9 $1,131,418,000. 

10 SEC. 103. AIR FORCE. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2016 for procurement for the Air Force as fol13 lows: 

14 (1) For aircraft, $15,657,769,000. 

15 (2) For missiles, $2,987,045,000. 

16 (3) For space procurement, $2,584,061,000. 

17 (4) For ammunition, $1,758,843,000. 

18 (5) For other procurement, $18,272,438,000. 

19 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2016 for Defense-wide procurement in the 

22 amount of $5,130,853,000. 

23 SEC. 105. DEFENSE PRODUCTION ACT PURCHASES. 

24 Funds are hereby authorized to be appropriated for 

25 fiscal year 2016 for purchases under the Defense ProducVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
13 

•S 1118 IS

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

2 amount of $46,680,000. 

3 SEC. 106. MULTIYEAR PROCUREMENT AUTHORITY FOR 

4 STANDARD MISSILE–3 BLOCK IB GUIDED MIS5 SILES. 

6 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

8 the Secretary of Defense may enter into one or more 

9 multiyear contracts, beginning with the fiscal year 2016 

10 program year, for the procurement of Standard Missile– 

11 3 Block IB guided missiles. 

12 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

13 Secretary may enter into one or more contracts for ad14 vance procurement associated with the SM–3 Block IB 

15 missiles for which authorization to enter into a multiyear 

16 procurement contract is provided under subsection (a). 

17 (c) CONDITION FOR OUT-YEAR CONTRACT PAY18 MENTS.—A contract entered into under subsection (a) 

19 shall provide that any obligation of the United States to 

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

21 fiscal year 2016 is subject to the availability of appropria22 tions for that purpose for such later fiscal year. 


smartinez on DSK4TPTVN1PROD with BILLS
14 

•S 1118 IS

1 SEC. 107. REPEAL OF LIMITATION ON RETIREMENT OF U– 

2 2 AIRCRAFT. 

3 (a) REPEAL OF LIMITATION.—Section 133 of the 

4 John Warner National Defense Authorization Act for Fis5 cal Year 2007 (Public Law 109–364; 120 Stat. 2112), as 

6 amended by section 132 of the National Defense Author7 ization Act for Fiscal Year 2008 (Public Law 110–181; 

8 122 Stat. 30), is repealed. 

9 (b) PRESERVATION OF RETIRED U–2 AIRCRAFT.— 

10 (1) The Secretary of the Air Force shall provide that each 

11 U–2 aircraft that is retired after the date of the enactment 

12 of this Act shall be preserved for a period of not less than 

13 three years in a condition such that the retired aircraft— 

14 (A) is stored in flyable condition; and 

15 (B) can be returned to service. 

16 (2) Notwithstanding paragraph (1), the Sec17 retary of the Air Force may authorize retired U–2 

18 aircraft to be used to transfer parts and systems to 

19 aircraft other than U–2 aircraft. 

20 SEC. 108. AVAILABILITY OF AIR FORCE PROCUREMENT 

21 FUNDS FOR CERTAIN COMMERCIAL OFF-THE22 SHELF PARTS FOR INTERCONTINENTAL BAL23 LISTIC MISSILE FUZES. 

24 (a) AVAILABILITY OF PROCUREMENT FUNDS.—Not25 withstanding section 1502(a) of title 31, United States 

26 Code, of the amount authorized to be appropriated for fisVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
15 

•S 1118 IS

1 cal year 2016 by section 103 for Missile Procurement, Air 

2 Force, $13,700,000 shall be available for the procurement 

3 of covered parts pursuant to contracts entered into under 

4 section 1645 of the Carl Levin and Howard P. ‘‘Buck’’ 

5 McKeon National Defense Authorization Act for Fiscal 

6 Year 2015 (Public Law 113–291; 128 Stat. YYY). 

7 (b) COVERED PARTS DEFINED.—In this section, the 

8 term ‘‘covered parts’’ has the meaning given that term in 

9 section 1645(c) of such Act. 

10 TITLE II—RESEARCH, DEVELOP11 MENT, TEST, AND EVALUA12 TION 

13 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2016 for the use of the Department of Defense 

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

17 (1) For the Army, $6,924,959,000. 

18 (2) For the Navy, $17,885,916,000. 

19 (3) For the Air Force, $26,473,669,000. 

20 (4) For Defense-wide activities, 

21 $18,329,861,000. 

22 (5) For the Director of Operational Test and 

23 Evaluation, $170,558,000. 


smartinez on DSK4TPTVN1PROD with BILLS
16 

•S 1118 IS

1 SEC. 202. REPEAL OF REQUIREMENT FOR INITIAL OPER2 ATING CAPABILITY OF A CONVENTIONAL 

3 LONG-RANGE STANDOFF WEAPON BEFORE 

4 RETIREMENT OF THE CONVENTIONALLY 

5 ARMED AGM–86 MISSILE. 

6 Section 217(a)(1) of the National Defense Authoriza7 tion Act for Fiscal Year 2014 (Public Law 113–66; 127 

8 Stat. 706) is amended— 

9 (1) by striking subparagraph (A); 

10 (2) in subparagraph (B), by striking ‘‘and’’; 

11 (3) by redesignating subparagraph (B) as sub12 paragraph (A); and 

13 (4) by inserting after subparagraph (A), as so 

14 redesignated, the following new subparagraph (B): 

15 ‘‘(B) is capable of being modified to carry 

16 a conventional warhead; and’’. 

17 TITLE III—OPERATION AND 

18 MAINTENANCE 

19 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2016 for the use of the Armed Forces and other 

22 activities and agencies of the Department of Defense for 

23 expenses, not otherwise provided for, for operation and 

24 maintenance, in amounts as follows: 

25 (1) For the Army, $35,107,546,000. 

26 (2) For the Navy, $42,200,756,000. 


smartinez on DSK4TPTVN1PROD with BILLS
17 

•S 1118 IS

1 (3) For the Marine Corps, $6,228,782,000. 

2 (4) For the Air Force, $38,191,929,000. 

3 (5) For Defense-wide activities, 

4 $32,440,843,000. 

5 (6) For the Army Reserve, $2,665,792,000. 

6 (7) For the Navy Reserve, $1,001,758,000. 

7 (8) For the Marine Corps Reserve, 

8 $277,036,000. 

9 (9) For the Air Force Reserve, $3,064,257,000. 

10 (10) For the Army National Guard, 

11 $6,717,977,000. 

12 (11) For the Air National Guard, 

13 $6,956,210,000. 

14 (12) For the United States Court of Appeals 

15 for the Armed Forces, $14,078,000. 

16 (13) For the Department of Defense Acquisi17 tion Workforce Development Fund, $84,140,000. 

18 (14) For Environmental Restoration, Army, 

19 $234,829,000. 

20 (15) For Environmental Restoration, Navy, 

21 $292,453,000. 

22 (16) For Environmental Restoration, Air Force, 

23 $368,131,000. 

24 (17) For Environmental Restoration, Defense25 wide, $8,232,000. 


smartinez on DSK4TPTVN1PROD with BILLS
18 

•S 1118 IS

1 (18) For Environmental Restoration, Formerly 

2 Used Defense Sites, $203,717,000. 

3 (19) For Overseas Humanitarian, Disaster, and 

4 Civic Aid programs, $100,266,000. 

5 (20) For Cooperative Threat Reduction pro6 grams, $358,496,000. 

7 SEC. 302. MODIFICATION OF REQUIREMENTS FOR TRANS8 FERRING AIRCRAFT WITHIN THE AIR FORCE 

9 INVENTORY. 

10 (a) MODIFICATION OF REQUIREMENTS.—Section 345 

11 of the National Defense Authorization Act for Fiscal Year 

12 2011 (Public Law 111–383; 10 U.S.C. 8062 note) is 

13 amended— 

14 (1) in subsection (a)— 

15 (A) by striking the first sentence and in16 serting the following: ‘‘Before making an air17 craft transfer described in subsection (c), the 

18 Secretary of the Air Force shall ensure that a 

19 written agreement regarding such transfer has 

20 been entered into between the Chief of Staff of 

21 the Air Force and the Director of the Air Na22 tional Guard or the Chief of Air Force Re23 serve.’’; and 

24 (B) in paragraph (3), by striking ‘‘depot’’; 


smartinez on DSK4TPTVN1PROD with BILLS
19 

•S 1118 IS

1 (2) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) SUBMITTAL OF AGREEMENTS TO THE DEPART4 MENT OF DEFENSE AND CONGRESS.—The Secretary of 

5 the Air Force may not take any action to transfer an air6 craft until the Secretary ensures that the Air Force has 

7 complied with applicable Department of Defense regula8 tions and, for a transfer described in subsection (c)(1), 

9 until the Secretary submits to the congressional defense 

10 committees an agreement entered into pursuant to sub11 section (a) regarding the transfer of the aircraft.’’; and 

12 (3) by adding at the end the following new sub13 sections: 

14 ‘‘(c) COVERED AIRCRAFT TRANSFERS.— 

15 ‘‘(1) COVERED TRANSFERS.—An aircraft trans16 fer described in this subsection is the transfer (other 

17 than as specified in paragraph (2)) from a reserve 

18 component of the Air Force to the regular compo19 nent of the Air Force of— 

20 ‘‘(A) the permanent assignment of an air21 craft that terminates a reserve component’s eq22 uitable interest in the aircraft; or 

23 ‘‘(B) possession of an aircraft for a period 

24 in excess of 90 days. 


smartinez on DSK4TPTVN1PROD with BILLS
20 

•S 1118 IS

1 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 

2 apply to the following: 

3 ‘‘(A) A routine temporary transfer of pos4 session of an aircraft from a reserve component 

5 that is made solely for the benefit of the reserve 

6 component for the purpose of maintenance, up7 grade, conversion, modification, or testing and 

8 evaluation. 

9 ‘‘(B) A routine permanent transfer of as10 signment of an aircraft that terminates a re11 serve component’s equitable interest in the air12 craft if notice of the transfer has previously 

13 been provided to the congressional defense com14 mittees and the transfer has been approved by 

15 the Secretary of Defense pursuant to Depart16 ment of Defense regulations. 

17 ‘‘(C) A transfer described in paragraph 

18 (1)(A) when there is a reciprocal permanent as19 signment of an aircraft from the regular compo20 nent of the Air Force to the reserve component 

21 that does not degrade the capability of, or re22 duce the total number of, aircraft assigned to 

23 the reserve component. 

24 ‘‘(d) RETURN OF AIRCRAFT AFTER ROUTINE TEM25 PORARY TRANSFER.—In the case of an aircraft transVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
21 

•S 1118 IS

1 ferred from a reserve component of the Air Force to the 

2 regular component of the Air Force for which an agree3 ment under subsection (a) is not required by reason of 

4 subsection (c)(2)(A), possession of the aircraft shall be 

5 transferred back to the reserve component upon comple6 tion of the work described in subsection (c)(2)(A).’’. 

7 (b) CONFORMING AMENDMENT.—Subsection (a)(7) 

8 of such section is amended by striking ‘‘Commander of 

9 the Air Force Reserve Command’’ and inserting ‘‘Chief 

10 of Air Force Reserve’’. 

11 (c) TECHNICAL AMENDMENTS TO DELETE REF12 ERENCES TO AIRCRAFT OWNERSHIP.—Subsection (a) of 

13 such section is further amended by striking ‘‘the owner14 ship of’’ in paragraphs (2)(A), (2)(C), and (3). 

15 SEC. 303. REVISION TO SCOPE OF STATUTORILY REQUIRED 

16 REVIEW OF PROJECTS RELATING TO POTEN17 TIAL OBSTRUCTIONS TO AVIATION SO AS TO 

18 APPLY ONLY TO ENERGY PROJECTS. 

19 (a) SCOPE OF SECTION.—Section 358 of the Ike 

20 Skelton National Defense Authorization Act for Fiscal 

21 Year 2011 (Public Law 111–383; 124 Stat. 4200; 49 

22 U.S.C. 44718 note) is amended— 

23 (1) in subsection (c)(3), by striking ‘‘from State 

24 and local officials or the developer of a renewable en25 ergy development or other energy project’’ and inVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
22 

•S 1118 IS

1 serting ‘‘from a State government, an Indian tribal 

2 government, a local government, a landowner, or the 

3 developer of an energy project’’; 

4 (2) in subsection (c)(4), by striking ‘‘readiness, 

5 and’’ and all that follows and inserting ‘‘readiness 

6 and to clearly communicate actions being taken by 

7 the Department of Defense to the party requesting 

8 an early project review under this section.’’; 

9 (3) in subsection (d)(2)(B), by striking ‘‘as 

10 high, medium, or low’’; 

11 (4) by redesignating subsection (j) as sub12 section (k); and 

13 (5) by inserting after subsection (i) the fol14 lowing new subsection (j): 

15 ‘‘(j) APPLICABILITY OF SECTION.—This section does 

16 not apply to a non-energy project.’’. 

17 (b) DEFINITIONS.—Subsection (k) of such section, as 

18 redesignated by paragraph (4) of subsection (a), is amend19 ed by adding at the end the following new paragraphs: 

20 ‘‘(4) The term ‘energy project’ means a project 

21 that provides for the generation or transmission of 

22 electrical energy. 

23 ‘‘(5) The term ‘non-energy project’ means a 

24 project that is not an energy project. 


smartinez on DSK4TPTVN1PROD with BILLS
23 

•S 1118 IS

1 ‘‘(6) The term ‘landowner’ means a person or 

2 other legal entity that owns a fee interest in real 

3 property on which a proposed energy project is 

4 planned to be located.’’. 

5 SEC. 304. ESTABLISHMENT OF SOUTHERN SEA OTTER MILI6 TARY READINESS AREAS. 

7 (a) ESTABLISHMENT OF THE SOUTHERN SEA OTTER

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

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

10 following new section: 

11 ‘‘§ 7235. Southern Sea Otter Military Readiness Areas 

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

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

14 Military Readiness Areas’, for national defense purposes. 

15 Such areas shall include each of the following: 

16 ‘‘(1) The area that includes Naval Base Ven17 tura County, San Nicolas Island, and Begg Rock 

18 and the adjacent and surrounding waters within the 

19 following coordinates: 

20 ‘‘N. Latitude/W. Longitude 

21 ‘‘33°27.8′/119°34.3′ 

22 ‘‘33°20.5′/119°15.5′ 

23 ‘‘33°13.5′/119°11.8′ 

24 ‘‘33°06.5′/119°15.3′ 

25 ‘‘33°02.8′/119°26.8′ 


smartinez on DSK4TPTVN1PROD with BILLS
24 

•S 1118 IS

1 ‘‘33°08.8′/119°46.3′ 

2 ‘‘33°17.2′/119°56.9′ 

3 ‘‘33°30.9′/119°54.2′. 

4 ‘‘(2) The area that includes Naval Base Coro5 nado, San Clemente Island and the adjacent and 

6 surrounding waters running parallel to shore to 3 

7 nautical miles from the high tide line designated by 

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

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

10 Safety Zone. 

11 ‘‘(b) ACTIVITIES WITHIN THE SOUTHERN SEA

12 OTTER MILITARY READINESS AREAS.— 

13 ‘‘(1) INCIDENTAL TAKINGS UNDER ENDAN14 GERED SPECIES ACT OF 1973.—Sections 4 and 9 of 

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

16 1533, 1538) shall not apply with respect to the inci17 dental taking of any southern sea otter in the South18 ern Sea Otter Military Readiness Areas in the 

19 course of conducting a military readiness activity. 

20 ‘‘(2) INCIDENTAL TAKINGS UNDER MARINE

21 MAMMAL PROTECTION ACT OF 1972.—Sections 101 

22 and 102 of the Marine Mammal Protection Act of 

23 1972 (16 U.S.C. 1371, 1372) shall not apply with 

24 respect to the incidental taking of any southern sea 

25 otter in the Southern Sea Otter Military Readiness 


smartinez on DSK4TPTVN1PROD with BILLS
25 

•S 1118 IS

1 Areas in the course of conducting a military readi2 ness activity. 

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

4 LISTED.—For purposes of conducting a military 

5 readiness activity, any southern sea otter while with6 in the Southern Sea Otter Military Readiness Areas 

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

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

9 as a member of a species that is proposed to be list10 ed as an endangered species or a threatened species 

11 under section 4 of the Endangered Species Act of 

12 1973 (16 U.S.C. 1533). 

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

14 Federal law shall be construed to require that any south15 ern sea otter located within the Southern Sea Otter Mili16 tary Readiness Areas be removed from the Areas. 

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

18 The Secretary of the Interior may revise or terminate the 

19 application of subsection (b) if the Secretary of the Inte20 rior, in consultation with the Secretary of the Navy, deter21 mines that military activities occurring in the Southern 

22 Sea Otter Military Readiness Areas are impeding the 

23 southern sea otter conservation or the return of southern 

24 sea otters to optimum sustainable population levels. 

25 ‘‘(e) MONITORING.— 


smartinez on DSK4TPTVN1PROD with BILLS
26 

•S 1118 IS

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

2 shall conduct monitoring and research within the 

3 Southern Sea Otter Military Readiness Areas to de4 termine the effects of military readiness activities on 

5 the growth or decline of the southern sea otter popu6 lation and on the near-shore ecosystem. Monitoring 

7 and research parameters and methods shall be deter8 mined in consultation with the United States Fish 

9 and Wildlife Service. 

10 ‘‘(2) TRIENNIAL REPORT.—Not later than 24 

11 months after the date of the enactment of this sec12 tion and every three years thereafter, the Secretary 

13 of the Navy shall submit to Congress and the public 

14 a report on monitoring undertaken pursuant to 

15 paragraph (1). 

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

17 ‘‘(1) SOUTHERN SEA OTTER.—The term ‘south18 ern sea otter’ means any member of the subspecies 

19 Enhydra lutris nereis. 

20 ‘‘(2) TAKE.—The term ‘take’— 

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

22 subject to regulation by the Endangered Species 

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

24 have the meaning given such term in that Act; 

25 and 


smartinez on DSK4TPTVN1PROD with BILLS
27 

•S 1118 IS

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

2 subject to regulation by the Marine Mammal 

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

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

5 that Act. 

6 ‘‘(3) INCIDENTAL TAKING.—The term ‘inci7 dental taking’ means any take of a southern sea 

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

9 the carrying out of an otherwise lawful activity. 

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

11 term ‘military readiness activity’ has the meaning 

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

13 National Defense Authorization Act for Fiscal Year 

14 2003 (16 U.S.C. 703 note) and includes all training 

15 and operations of the armed forces that relate to 

16 combat and the adequate and realistic testing of 

17 military equipment, vehicles, weapons, and sensors 

18 for proper operation and suitability for combat use. 

19 ‘‘(5) OPTIMUM SUSTAINABLE POPULATION.— 

20 The term ‘optimum sustainable population’ means, 

21 with respect to any population stock, the number of 

22 animals that will result in the maximum productivity 

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

24 carrying capacity of the habitat and the health of 


smartinez on DSK4TPTVN1PROD with BILLS
28 

•S 1118 IS

1 the ecosystem of which they form a constituent ele2 ment.’’. 

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

4 at the beginning of such chapter is amended by adding 

5 at the end the following new item: 

‘‘7235. Southern Sea Otter Military Readiness Areas.’’. 

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

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

8 TITLE IV—MILITARY 

9 PERSONNEL AUTHORIZATIONS 

10 Subtitle A—Active Forces 

11 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

12 The Armed Forces are authorized strengths for active 

13 duty personnel as of September 30, 2016, as follows: 

14 (1) The Army, 475,000. 

15 (2) The Navy, 329,200. 

16 (3) The Marine Corps, 184,000. 

17 (4) The Air Force, 317,000. 

18 Subtitle B—Reserve Forces 

19 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

21 strengths for Selected Reserve personnel of the reserve 

22 components as of September 30, 2016, as follows: 

23 (1) The Army National Guard of the United 

24 States, 342,000. 

25 (2) The Army Reserve, 198,000. 


smartinez on DSK4TPTVN1PROD with BILLS
29 

•S 1118 IS

1 (3) The Navy Reserve, 57,400. 

2 (4) The Marine Corps Reserve, 38,900. 

3 (5) The Air National Guard of the United 

4 States, 105,500. 

5 (6) The Air Force Reserve, 69,200. 

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

7 (b) END STRENGTH REDUCTIONS.—The end 

8 strengths prescribed by subsection (a) for the Selected Re9 serve of any reserve component shall be proportionately 

10 reduced by— 

11 (1) the total authorized strength of units orga12 nized to serve as units of the Selected Reserve of 

13 such component which are on active duty (other 

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

15 (2) the total number of individual members not 

16 in units organized to serve as units of the Selected 

17 Reserve of such component who are on active duty 

18 (other than for training or for unsatisfactory partici19 pation in training) without their consent at the end 

20 of the fiscal year. 

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

22 individual members of the Selected Reserve for any reserve 

23 component are released from active duty during any fiscal 

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

25 the Selected Reserve of such reserve component shall be 


smartinez on DSK4TPTVN1PROD with BILLS
30 

•S 1118 IS

1 increased proportionately by the total authorized strengths 

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

3 members. 

4 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

5 DUTY IN SUPPORT OF THE RESERVES. 

6 Within the end strengths prescribed in section 

7 411(a), the reserve components of the Armed Forces are 

8 authorized, as of September 30, 2016, the following num9 ber of Reserves to be serving on full-time active duty or 

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

11 Guard, for the purpose of organizing, administering, re12 cruiting, instructing, or training the reserve components: 

13 (1) The Army National Guard of the United 

14 States, 30,770. 

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

16 (3) The Navy Reserve, 9,934. 

17 (4) The Marine Corps Reserve, 2,260. 

18 (5) The Air National Guard of the United 

19 States, 14,748. 

20 (6) The Air Force Reserve, 3,032. 

21 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

22 (DUAL STATUS). 

23 The minimum number of military technicians (dual 

24 status) as of the last day of fiscal year 2016 for the re25 serve components of the Army and the Air Force (notwithVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
31 

•S 1118 IS

1 standing section 129 of title 10, United States Code) shall 

2 be the following: 

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

4 States, 26,099. 

5 (2) For the Army Reserve, 7,395. 

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

7 States, 22,104. 

8 (4) For the Air Force Reserve, 9,814. 

9 SEC. 414. FISCAL YEAR 2016 LIMITATION ON NUMBER OF 

10 NON-DUAL STATUS TECHNICIANS. 

11 (a) LIMITATIONS.— 

12 (1) NATIONAL GUARD.—Within the limitation 

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

14 States Code, the number of non-dual status techni15 cians employed by the National Guard as of Sep16 tember 30, 2016, may not exceed the following: 

17 (A) For the Army National Guard of the 

18 United States, 1,600. 

19 (B) For the Air National Guard of the 

20 United States, 350. 

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

22 status technicians employed by the Army Reserve as 

23 of September 30, 2016, may not exceed 595. 

24 (3) AIR FORCE RESERVE.—The number of non25 dual status technicians employed by the Air Force 


smartinez on DSK4TPTVN1PROD with BILLS
32 

•S 1118 IS

1 Reserve as of September 30, 2016, may not exceed 

2 90. 

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

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

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

6 United States Code. 

7 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU8 THORIZED TO BE ON ACTIVE DUTY FOR 

9 OPERATIONAL SUPPORT. 

10 During fiscal year 2016, the maximum number of 

11 members of the reserve components of the Armed Forces 

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

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

14 States Code, is the following: 

15 (1) The Army National Guard of the United 

16 States, 17,000. 

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

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

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

20 (5) The Air National Guard of the United 

21 States, 16,000. 

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


smartinez on DSK4TPTVN1PROD with BILLS
33 

•S 1118 IS

1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 There is hereby authorized to be appropriated for 

5 military personnel for fiscal year 2016 a total of 

6 $130,491,227,000. 

7 TITLE V—MILITARY PERSONNEL 

8 POLICY 

9 Subtitle A—Officer Personnel 

10 Policy Generally 

11 SEC. 501. ENHANCED FLEXIBILITY FOR DETERMINATION 

12 OF OFFICERS TO CONTINUE ON ACTIVE DUTY 

13 AND FOR SELECTIVE EARLY RETIREMENT 

14 AND EARLY DISCHARGE. 

15 Section 638a(d)(2) of title 10, United States Code, 

16 is amended by striking ‘‘officers considered—’’ and all 

17 that follows and inserting ‘‘officers considered.’’. 

18 SEC. 502. AUTHORITY TO DEFER UNTIL AGE 68 MANDATORY 

19 RETIREMENT FOR AGE OF A GENERAL OR 

20 FLAG OFFICER SERVING AS CHIEF OR DEP21 UTY CHIEF OF CHAPLAINS OF THE ARMY, 

22 NAVY, OR AIR FORCE. 

23 Section 1253 of title 10, United States Code, is 

24 amended by adding at the end the following new sub25 section: 


smartinez on DSK4TPTVN1PROD with BILLS
34 

•S 1118 IS

1 ‘‘(c) DEFERRED RETIREMENT OF CHAPLAINS.—The 

2 Secretary of the military department concerned may defer 

3 the retirement under subsection (a) of an officer serving 

4 in a general or flag officer grade who is the Chief of Chap5 lains or Deputy Chief of Chaplains of that officer’s armed 

6 force. Such a deferment may not extend beyond the first 

7 day of the month following the month in which the officer 

8 becomes 68 years of age.’’. 

9 SEC. 503. REDUCTION IN REQUIRED NUMBER OF MEMBERS 

10 OF DISCHARGE REVIEW BOARDS. 

11 Section 1553(a) of title 10, United States Code, is 

12 amended by striking ‘‘five’’ and inserting ‘‘not less than 

13 three’’. 

14 SEC. 504. STANDARDIZATION OF GRADE FOR CERTAIN 

15 MEDICAL AND DENTAL BRANCH POSITIONS. 

16 (a) ARMY.— 

17 (1) CHIEF OF NURSE CORPS.—Section 3069(b) 

18 of title 10, United States Code, is amended by strik19 ing ‘‘major general’’ in the second sentence and in20 serting ‘‘brigadier general’’. 

21 (2) DEPUTY AND ASSISTANT CHIEFS OF

22 BRANCHES.—Section 3039(b) of such title is amend23 ed by striking ‘‘major general’’ in the last sentence 

24 and inserting ‘‘brigadier general’’. 


smartinez on DSK4TPTVN1PROD with BILLS
35 

•S 1118 IS

1 (3) CHIEF OF THE VETERINARY CORPS.—Sec2 tion 3084 of such title is amended— 

3 (A) by striking ‘‘brigadier general’’ in the 

4 second sentence and inserting ‘‘colonel’’; and 

5 (B) by striking the third sentence. 

6 (b) NAVY.— 

7 (1) CHIEF OF DENTAL CORPS.—Section 

8 5138(a) of such title is amended by striking ‘‘not 

9 below’’ and inserting ‘‘in’’. 

10 (2) DIRECTOR OF NURSE CORPS.—Section 

11 5150(c) of such title is amended— 

12 (A) in the first sentence, by striking ‘‘rear 

13 admiral’’ the first place it appears and all that 

14 follows through ‘‘Service Corps’’ and inserting 

15 ‘‘rear admiral (lower half)’’; and 

16 (B) by striking the last sentence. 

17 (c) AIR FORCE.— 

18 (1) CHIEF OF NURSE CORPS.—Section 8069(b) 

19 of such title is amended by striking ‘‘major general’’ 

20 in the second sentence and inserting ‘‘brigadier gen21 eral’’. 

22 (2) ASSISTANT SURGEON GENERAL FOR DEN23 TAL SERVICES.—Section 8081 of such title is 

24 amended by striking ‘‘major general’’ in the second 

25 sentence and inserting ‘‘brigadier general’’. 


smartinez on DSK4TPTVN1PROD with BILLS
36 

•S 1118 IS

1 (d) TRANSITION.—In the case of an officer who on 

2 the date of the enactment of this Act is serving in a posi3 tion that is covered by an amendment made by this sec4 tion, the continued service of that officer in such position 

5 after the date of the enactment of this Act shall not be 

6 affected by that amendment. 

7 SEC. 505. REINSTATEMENT OF ENHANCED AUTHORITY FOR 

8 SELECTIVE EARLY DISCHARGE OF WARRANT 

9 OFFICERS. 

10 Section 580a of title 10, United States Code, is 

11 amended— 

12 (1) in subsection (a), by striking ‘‘November 

13 30, 1993, and ending on October 1, 1999’’ and in14 serting ‘‘October 1, 2015, and ending on October 1, 

15 2019’’; and 

16 (2) in subsection (c)— 

17 (A) by striking paragraph (3); and 

18 (B) by redesignating paragraphs (4) and 

19 (5) as paragraphs (3) and (4), respectively. 

20 SEC. 506. AUTHORITY TO CONDUCT WARRANT OFFICER RE21 TIRED GRADE DETERMINATIONS. 

22 Section 1371 of title 10, United States Code, is 

23 amended— 

24 (1) by inserting ‘‘highest’’ after ‘‘in the’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
37 

•S 1118 IS

1 (2) by striking ‘‘that he held on the day before 

2 the date of his retirement, or in any higher warrant 

3 officer grade’’. 

4 Subtitle B—Reserve Component 

5 Management 

6 SEC. 511. INCREASE FROM 90 TO 180 IN NUMBER OF DAYS 

7 OF ACTIVE DUTY REQUIRED TO BE PER8 FORMED BY RESERVE COMPONENT MEM9 BERS FOR THAT DUTY TO BE CONSIDERED 

10 FEDERAL SERVICE FOR PURPOSES OF UNEM11 PLOYMENT COMPENSATION FOR EX12 SERVICEMEMBERS. 

13 (a) INCREASE OF NUMBER OF DAYS.—Paragraph (1) 

14 of section 8521(a) of title 5, United States Code, is 

15 amended by striking ‘‘90 days’’ in the matter preceding 

16 subparagraph (A) and inserting ‘‘180 days’’. 

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

18 subsection (a) shall apply with respect to periods of Fed19 eral service commencing on or after the date of the enact20 ment of this Act. 


smartinez on DSK4TPTVN1PROD with BILLS
38 

•S 1118 IS

1 SEC. 512. RECONCILIATION OF CONTRADICTORY PROVI2 SIONS RELATING TO CITIZENSHIP QUALI3 FICATIONS FOR ENLISTMENT IN THE RE4 SERVE COMPONENTS OF THE ARMED 

5 FORCES. 

6 Paragraphs (1) and (2) of section 12102(b) of title 

7 10, United States Code, are amended to read as follows: 

8 ‘‘(1) that person has met the citizenship or resi9 dency requirements established in section 504(b)(1) 

10 of this title; or 

11 ‘‘(2) that person is authorized to enlist by the 

12 Secretary concerned under section 504(b)(2) of this 

13 title.’’. 

14 SEC. 513. AUTHORITY FOR THE SECRETARY OF HOMELAND 

15 SECURITY TO ORDER A MEMBER OF THE 

16 COAST GUARD RESERVE TO ACTIVE DUTY 

17 FOR MEDICAL CARE OR MEDICAL EVALUA18 TION. 

19 Subsection (h) of section 12301 of title 10, United 

20 States Code, is amended by striking ‘‘When authorized by 

21 the Secretary of Defense, the Secretary of a military de22 partment may’’ and inserting ‘‘The Secretary of a military 

23 department (when authorized by the Secretary of De24 fense), and the Secretary of Homeland Security with re25 spect to the Coast Guard when it is not operating as a 

26 service in the Navy, may’’. 


smartinez on DSK4TPTVN1PROD with BILLS
39 

•S 1118 IS

1 SEC. 514. INCLUSION OF DUTY PERFORMED BY A RESERVE 

2 COMPONENT MEMBER UNDER A CALL OR 

3 ORDER TO ACTIVE DUTY FOR MEDICAL PUR4 POSES AS QUALIFYING ACTIVE DUTY TIME 

5 FOR PURPOSES OF POST-9/11 GI BILL EDU6 CATION BENEFITS. 

7 Section 3301 of title 38, United States Code, is 

8 amended in subsection (a)(1)(B) by inserting ‘‘12301(h),’’ 

9 after ‘‘12301(g)’’. 

10 SEC. 515. AUTHORITY TO DESIGNATE CERTAIN RESERVE 

11 OFFICERS AS NOT TO BE CONSIDERED FOR 

12 SELECTION FOR PROMOTION. 

13 Section 14301 of title 10, United States Code, is 

14 amended by adding at the end the following new sub15 section: 

16 ‘‘(j) CERTAIN OFFICERS NOT TO BE CONSIDERED

17 FOR SELECTION FOR PROMOTION.—The Secretary of the 

18 military department concerned may provide that an officer 

19 who is in an active status, but is in a duty status in which 

20 the only points the officer accrues under section 

21 12732(a)(2) of this title are pursuant to subparagraph 

22 (C)(i) of that section (relating to membership in a reserve 

23 component), shall not be considered for selection for pro24 motion at any time the officer otherwise would be so con25 sidered. Any such officer may remain on the reserve ac26 tive-status list.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
40 

•S 1118 IS

1 SEC. 516. CLARIFICATION OF PURPOSE OF RESERVE COM2 PONENT SPECIAL SELECTION BOARDS AS 

3 LIMITED TO CORRECTION OF ERROR AT A 

4 MANDATORY PROMOTION BOARD. 

5 Section 14502(b) of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (1)— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘a selection board’’ and insert10 ing ‘‘a mandatory promotion board convened 

11 under section 14101(a) of this title’’; and 

12 (B) in subparagraphs (A) and (B), by 

13 striking ‘‘selection board’’ and inserting ‘‘man14 datory promotion board’’; and 

15 (2) in the first sentence of paragraph (3), by 

16 striking ‘‘selection board’’ and inserting ‘‘mandatory 

17 promotion board’’. 

18 SEC. 517. EXPANSION OF AUTHORIZED PRIMARY DUTIES OF 

19 AIR FORCE RESERVE COMPONENT FULL20 TIME SUPPORT PERSONNEL. 

21 (a) DEFINITION OF ACTIVE GUARD AND RESERVE

22 DUTY.—Section 101(d)(6)(A) of title 10, United States 

23 Code, is amended by striking ‘‘days or more’’ and all that 

24 follows and inserting ‘‘days or more— 


smartinez on DSK4TPTVN1PROD with BILLS
41 

•S 1118 IS

1 ‘‘(i) for the purpose of organizing, admin2 istering, recruiting, instructing, or training the re3 serve components; and 

4 ‘‘(ii) in the case of a member of a reserve com5 ponent of the Air Force, for the purpose of instruct6 ing or training in the United States or the Common7 wealth of Puerto Rico or possessions of the United 

8 States— 

9 ‘‘(I) members of the armed forces on active 

10 duty; or 

11 ‘‘(II) members of foreign military forces 

12 (under the same authorities and restrictions as 

13 are applicable to members of the regular com14 ponents providing such instruction or train15 ing).’’. 

16 (b) MILITARY TECHNICIANS (DUAL STATUS).— 

17 (1) ADDITIONAL DUTIES AS AUTHORIZED PRI18 MARY DUTIES FOR AIR COMPONENT MEMBERS.— 

19 Section 10216(a) of such title is amended— 

20 (A) in paragraph (1)(C), by striking ‘‘in 

21 organizing’’ and all that follows and inserting 

22 ‘‘with primary duties consisting of one or more 

23 of the duties described in paragraph (2).’’; 

24 (B) by redesignating paragraphs (2) and 

25 (3) as paragraphs (4) and (5), respectively; and 


smartinez on DSK4TPTVN1PROD with BILLS
42 

•S 1118 IS

1 (C) by inserting after paragraph (1) the 

2 following new paragraphs (2) and (3): 

3 ‘‘(2) Duties referred to in this paragraph are the fol4 lowing: 

5 ‘‘(A) The organizing, administering, instructing, 

6 or training of the Selected Reserve. 

7 ‘‘(B) The maintenance and repair of supplies or 

8 equipment issued to the Selected Reserve or the 

9 armed forces. 

10 ‘‘(C) In the case of a Federal civilian employee 

11 who is a member of the Air Force Reserve or Air 

12 National Guard and subject to paragraph (3), the 

13 instructing or training in the United States or the 

14 Commonwealth of Puerto Rico or possessions of the 

15 United States of— 

16 ‘‘(i) members of the armed forces on active 

17 duty; or 

18 ‘‘(ii) members of foreign military forces 

19 (under the same authorities and restrictions as 

20 are applicable to members of the regular com21 ponents providing such instruction or training). 

22 ‘‘(3)(A) A Federal civilian employee is a military 

23 technician (dual status) by reason of paragraph (2)(C) 

24 only if the performance of duties described in that subVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
43 

•S 1118 IS

1 paragraph as the primary duties of the employee has been 

2 approved— 

3 ‘‘(i) by the Chief of the Air Force Reserve, in 

4 the case of an employee who is a member of the Air 

5 Force Reserve; or 

6 ‘‘(ii) by the Director of the Air National Guard, 

7 in the case of an employee who is a member of the 

8 Air National Guard. 

9 ‘‘(B) Of the total number of Federal civilian employ10 ees who are members of the Air Force Reserve or Air Na11 tional Guard and who are military technicians (dual sta12 tus), not more than five percent may be assigned to have 

13 duties described in paragraph (2)(C) as their primary du14 ties. Of the members of the Air Force Reserve who are 

15 so assigned, no more than half may be assigned to provide 

16 instruction or training for equipment or missions that are 

17 not assigned to the Air Force Reserve as of the time of 

18 the provision of such instruction or training, and of the 

19 members of the Air National Guard who are so assigned, 

20 no more than half may be assigned to provide instruction 

21 or training for equipment or missions that are not as22 signed to the Air National Guard as of the time of the 

23 provision of such instruction or training.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
44 

•S 1118 IS

1 (2) TECHNICAL AMENDMENTS.—Subparagraph 

2 (C) of paragraph (5) of such section, as redesignated 

3 by paragraph (1)(B), is amended— 

4 (A) in clause (i), by striking ‘‘active-duty 

5 members of the armed forces’’ and inserting 

6 ‘‘members of the armed forces on active duty’’; 

7 and 

8 (B) in clause (ii), by striking ‘‘applicable to 

9 active-duty members’’ and inserting ‘‘as are ap10 plicable to members of the regular compo11 nents’’. 

12 (c) FEDERAL ACTIVE DUTY.— 

13 (1) ADDITIONAL DUTIES AS AUTHORIZED PRI14 MARY DUTIES FOR AIR COMPONENT MEMBERS.— 

15 Subsection (a) of section 12310 of such title is 

16 amended— 

17 (A) in paragraph (1)— 

18 (i) by inserting ‘‘a Reserve who is’’ 

19 after ‘‘may order’’; 

20 (ii) by striking ‘‘organizing’’ and all 

21 that follows through ‘‘components’’; and 

22 (iii) by adding at the end the fol23 lowing new sentence: ‘‘However, only a Re24 serve who is a member of a reserve compo25 nent of the Air Force may be ordered to 


smartinez on DSK4TPTVN1PROD with BILLS
45 

•S 1118 IS

1 active duty under this paragraph to per2 form Active Guard and Reserve duty de3 scribed in clause (ii) of section 

4 101(d)(6)(A) of this title, and such an 

5 order may be made only with the approval 

6 of the Chief of the Air Force Reserve, in 

7 the case of a member of the Air Force Re8 serve, or the Director of the Air National 

9 Guard, in the case of a member of the Air 

10 National Guard.’’; and 

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

12 paragraphs: 

13 ‘‘(3) A Reserve ordered to active duty under para14 graph (1) shall perform duties specified in section 

15 101(d)(6)(A) of this title as that Reserve’s primary duties. 

16 ‘‘(4) Of the total number of members of the Air Force 

17 Reserve and Air National Guard on active duty under 

18 paragraph (1), not more than 10 percent may be assigned 

19 to perform duties described in clause (ii) of section 

20 101(d)(6)(A) of this title as their primary duties. Of the 

21 members of the Air Force Reserve who are so assigned, 

22 no more than half may be assigned to provide instruction 

23 or training for equipment or missions that are not as24 signed to the Air Force Reserve as of the time of the provi25 sion of such instruction or training, and of the members 


smartinez on DSK4TPTVN1PROD with BILLS
46 

•S 1118 IS

1 of the Air National Guard who are so assigned, no more 

2 than half may be assigned to provide instruction or train3 ing for equipment or missions that are not assigned to 

4 the Air National Guard as of the time of the provision 

5 of such instruction or training.’’. 

6 (2) TECHNICAL AND CONFORMING AMEND7 MENTS.—Subsection (b) of such section is amend8 ed— 

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘primary Active Guard and Reserve 

11 duties (as described in subsection (a)(1))’’ and 

12 inserting ‘‘primary duties (as described in sub13 section (a)(3))’’; 

14 (B) in paragraph (4)(A), by striking ‘‘ac15 tive-duty members of the armed forces’’ and in16 serting ‘‘members of the armed forces on active 

17 duty’’; and 

18 (C) in paragraph (4)(B), by striking ‘‘ap19 plicable to active-duty members’’ and inserting 

20 ‘‘as are applicable to members of the regular 

21 components’’. 

22 (d) STATE ACTIVE DUTY.—Section 328(b) of title 

23 32, United States Code, is amended— 

24 (1) by inserting ‘‘(1)’’ after ‘‘DUTIES.—’’; 


smartinez on DSK4TPTVN1PROD with BILLS
47 

•S 1118 IS

1 (2) by inserting ‘‘shall perform duties specified 

2 in section 101(d)(6)(A) of title 10 as that member’s 

3 primary duties and’’ after ‘‘under subsection (a)’’; 

4 (3) by striking ‘‘the member’s’’ and all that fol5 lows and inserting ‘‘such primary duties.’’; and 

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

7 paragraph: 

8 ‘‘(2) Of the total number of members of the Air Na9 tional Guard performing duty under subsection (a), not 

10 more than 10 percent may be assigned to perform duties 

11 described in clause (ii) of section 101(d)(6)(A) of title 10 

12 as their primary duties, and of the members who are so 

13 assigned, no more than half may be assigned to provide 

14 instruction or training for equipment or missions that are 

15 not assigned to the Air National Guard as of the time 

16 of the provision of such instruction or training.’’. 

17 (e) NATIONAL GUARD TECHNICIANS.— 

18 (1) ADDITIONAL DUTIES AS AUTHORIZED PRI19 MARY DUTIES FOR AIR NATIONAL GUARD MEM20 BERS.—Section 709 of such title is amended— 

21 (A) in subsection (a)— 

22 (i) by redesignating paragraphs (2) 

23 and (3) as paragraphs (3) and (4), respec24 tively; and 


smartinez on DSK4TPTVN1PROD with BILLS
48 

•S 1118 IS

1 (ii) by inserting after paragraph (1) 

2 the following new paragraph (2): 

3 ‘‘(2) in the case of persons who are members of 

4 the Air National Guard, in the instructing or train5 ing in the United States or the Commonwealth of 

6 Puerto Rico or possessions of the United States of— 

7 ‘‘(A) members of the armed forces on ac8 tive duty; or 

9 ‘‘(B) members of foreign military forces 

10 (under the same authorities and restrictions as 

11 are applicable to members of the regular com12 ponents providing such instruction or train13 ing);’’; and 

14 (B) in subsection (b)— 

15 (i) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

16 (ii) by redesignating paragraphs (1), 

17 (2), (3), and (4) as subparagraphs (A), 

18 (B), (C), and (D), respectively; and 

19 (iii) by adding at the end the fol20 lowing new paragraphs: 

21 ‘‘(2) A person who is a member of the Air National 

22 Guard may be employed as a technician under subsection 

23 (a) in the performance of duties described in paragraph 

24 (2) of that subsection as the primary duties of that person 

25 only if the performance by that person of such duties as 


smartinez on DSK4TPTVN1PROD with BILLS
49 

•S 1118 IS

1 the primary duties of that person is approved by the Di2 rector of the Air National Guard. 

3 ‘‘(3) Of the total number of members of the Air Na4 tional Guard employed as technicians under subsection 

5 (a), not more than five percent may be assigned to per6 form duties described in paragraph (2) of that subsection 

7 as their primary duties, and of the members who are so 

8 assigned, no more than half may be assigned to provide 

9 instruction or training for equipment or missions that are 

10 not assigned to the Air National Guard as of the time 

11 of the provision of such instruction or training.’’. 

12 (2) TECHNICAL AND CONFORMING AMEND13 MENTS.—Subsection (a) of such section, as amended 

14 by paragraph (1)(A), is further amended— 

15 (A) in the matter preceding paragraph (1), 

16 by striking ‘‘technicians in—’’ and inserting 

17 ‘‘technicians—’’; 

18 (B) in paragraph (1), by inserting ‘‘in’’ be19 fore ‘‘the organizing’’; 

20 (C) in paragraph (3), as redesignated by 

21 paragraph (1)(A)(i), by inserting ‘‘in the’’ be22 fore ‘‘maintenance’’; and 

23 (D) in paragraph (4), as redesignated by 

24 paragraph (1)(A)(i)— 


smartinez on DSK4TPTVN1PROD with BILLS
50 

•S 1118 IS

1 (i) in the matter preceding subpara2 graph (A)— 

3 (I) by inserting ‘‘in the’’ before 

4 ‘‘performance’’; and 

5 (II) by striking ‘‘duties described 

6 by paragraphs (1) and (2)’’ and in7 serting ‘‘primary duties described by 

8 paragraphs (1), (2), and (3)’’; 

9 (ii) in subparagraph (C)(i), by strik10 ing ‘‘active-duty members of the armed 

11 forces’’ and inserting ‘‘members of the 

12 armed forces on active duty’’; and 

13 (iii) in subparagraph (C)(ii), by strik14 ing ‘‘applicable to active-duty members’’ 

15 and inserting ‘‘as are applicable to mem16 bers of the regular components’’. 

17 (f) FURTHER CONFORMING AMENDMENT.—Section 

18 502(f)(2)(B)(ii) of title 32, United States Code, is amend19 ed by striking ‘‘to instruct’’ and all that follows and insert20 ing ‘‘to instruct— 

21 ‘‘(I) members of the armed forces on 

22 active duty; 

23 ‘‘(II) members of foreign military 

24 forces (under the same authorities and re25 strictions as are applicable to members of 


smartinez on DSK4TPTVN1PROD with BILLS
51 

•S 1118 IS

1 the regular components providing such in2 struction); 

3 ‘‘(III) Department of Defense con4 tractor personnel; or 

5 ‘‘(IV) Department of Defense civilian 

6 employees.’’. 

7 Subtitle C—Member Education and 

8 Training 

9 SEC. 521. REPEAL OF STATUTORY SPECIFICATION OF MIN10 IMUM DURATION OF IN-RESIDENT INSTRUC11 TION FOR COURSES OF INSTRUCTION OF12 FERED AS PART OF PHASE II JOINT PROFES13 SIONAL MILITARY EDUCATION. 

14 (a) REPEAL OF STATUTORY REQUIREMENT FOR IN15 RESIDENT INSTRUCTION.—Section 2154(a)(2)(A) of title 

16 10, United States Code, is amended by striking ‘‘taught 

17 in residence at’’ and inserting ‘‘offered through’’. 

18 (b) REPEAL OF STATUTORY DURATIONAL MIN19 IMUM.— 

20 (1) REPEAL.—Section 2156 of such title is re21 pealed. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of chapter 107 of such title 

24 is amended by striking the item relating to section 

25 2156. 


smartinez on DSK4TPTVN1PROD with BILLS
52 

•S 1118 IS

1 SEC. 522. RETENTION OF ENTITLEMENT TO EDUCATIONAL 

2 ASSISTANCE DURING CERTAIN ADDITIONAL 

3 PERIODS OF ACTIVE DUTY. 

4 (a) EDUCATIONAL ASSISTANCE ALLOWANCE.—Sec5 tion 16131(c)(3)(B)(i) of title 10, United States Code, is 

6 amended by striking ‘‘or 12304’’ and inserting ‘‘12304, 

7 12304a, or 12304b’’. 

8 (b) EXPIRATION DATE.—Section 16133(b)(4) of 

9 such title is amended by striking ‘‘or 12304’’ and inserting 

10 ‘‘12304, 12304a, or 12304b’’. 

11 SEC. 523. AUTHORITY FOR UNITED STATES AIR FORCE IN12 STITUTE OF TECHNOLOGY TO CHARGE AND 

13 RETAIN TUITION FOR INSTRUCTION OF PER14 SONS OTHER THAN AIR FORCE PERSONNEL 

15 DETAILED FOR INSTRUCTION AT THE INSTI16 TUTE. 

17 (a) STATUTORY REORGANIZATION.—Chapter 901 of 

18 title 10, United States Code, is amended— 

19 (1) by transferring subsections (d) and (f) of 

20 section 9314 to the end of section 9314b and redes21 ignating those subsections as subsections (c) and 

22 (d), respectively; 

23 (2) by striking the heading of section 9314a; 

24 and 

25 (3) by inserting after subsection (c) of section 

26 9314 the following new section heading: 


smartinez on DSK4TPTVN1PROD with BILLS
53 

•S 1118 IS

1 ‘‘§ 9314a. United States Air Force Institute of Tech2 nology: reimbursement and tuition; in3 struction of persons other than Air Force 

4 personnel’’. 

5 (b) INSTRUCTION OF PERSONS OTHER THAN AIR

6 FORCE PERSONNEL.—Section 9314a of such title, as des7 ignated by the amendment made by subsection (a)(3), is 

8 amended as follows: 

9 (1) The first subsection of that section (for10 merly subsection (e) of section 9314) is redesignated 

11 as subsection (a) and is amended— 

12 (A) by striking ‘‘REIMBURSEMENT AND

13 TUITION’’ and inserting ‘‘MEMBERS OF THE

14 ARMED FORCES OTHER THAN THE AIR FORCE

15 WHO ARE DETAILED TO THE INSTITUTE’’; and 

16 (B) in paragraph (3)— 

17 (i) by striking ‘‘and’’ after ‘‘Marine 

18 Corps,’’ and inserting ‘‘or’’; 

19 (ii) by striking ‘‘permitted’’ and in20 serting ‘‘detailed’’; and 

21 (iii) by striking ‘‘that member’’ and 

22 inserting ‘‘the Secretary concerned’’. 

23 (2) Such section is further amended— 

24 (A) by redesignating paragraph (4) of such 

25 subsection (a) as subsection (b); 


smartinez on DSK4TPTVN1PROD with BILLS
54 

•S 1118 IS

1 (B) by striking ‘‘(A)’’ in such subsection 

2 and inserting ‘‘FEDERAL CIVILIAN EMPLOYEES

3 OTHER THAN AIR FORCE EMPLOYEES WHO

4 ARE DETAILED TO THE INSTITUTE.—(1)’’; 

5 (C) by redesignating subparagraph (B) in 

6 such subsection as paragraph (2); 

7 (D) by striking paragraph (5) of such sub8 section; and 

9 (E) by inserting after such subsection the 

10 following new subsection (c): 

11 ‘‘(c) NON-DETAILED PERSONS.—(1) The Secretary 

12 of the Air Force may permit persons described in para13 graph (2) to receive instruction at the United States Air 

14 Force Institute of Technology on a space-available basis. 

15 ‘‘(2) Paragraph (1) applies to any of the following 

16 persons: 

17 ‘‘(A) A member of the armed forces not detailed 

18 for that instruction by the Secretary concerned. 

19 ‘‘(B) A civilian employee of a military depart20 ment, of another component of the Department of 

21 Defense, of another Federal agency, or of a State’s 

22 National Guard not detailed for that instruction by 

23 the Secretary concerned or head of the other De24 partment of Defense component, other Federal agen25 cy, or the National Guard. 


smartinez on DSK4TPTVN1PROD with BILLS
55 

•S 1118 IS

1 ‘‘(C) A United States citizen who is the recipi2 ent of a competitively selected Federal or Depart3 ment of Defense sponsored scholarship or fellowship 

4 with a defense focus in areas of study related to the 

5 academic disciplines offered by the Air Force Insti6 tute of Technology and which requires a service 

7 commitment to the Federal Government in exchange 

8 for educational financial assistance. 

9 ‘‘(3) If a scholarship or fellowship described in 

10 paragraph (2)(C) includes a stipend, the Institute 

11 may accept the stipend payment from the scholar12 ship or fellowship sponsor and make a direct pay13 ment to the individual.’’. 

14 (c) CONFORMING SUBSECTION REDESIGNATIONS

15 AND OTHER CONFORMING AMENDMENTS.—Section 

16 9314a of such title, as designated by the amendment made 

17 by subsection (a)(3) and amended by subsection (b), is 

18 further amended— 

19 (1) by redesignating subsection (a) of the 

20 former section 9314a (with the heading ‘‘ADMISSION

21 AUTHORIZED’’) as subsection (d) and in that sub22 section— 

23 (A) by striking ‘‘ADMISSION AUTHORIZED’’ 

24 and inserting ‘‘DEFENSE INDUSTRY EMPLOY25 EES’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
56 

•S 1118 IS

1 (B) in paragraph (1), by striking ‘‘sub2 section (b)’’ and inserting ‘‘paragraph (4)’’; 

3 (2) by redesignating subsection (b) of such 

4 former section 9314a as paragraph (4) and in that 

5 paragraph— 

6 (A) by striking ‘‘ELIGIBLE DEFENSE IN7 DUSTRY EMPLOYEES.—’’; and 

8 (B) by striking ‘‘only so long at’’ and in9 serting ‘‘only so long as’’; 

10 (3) by redesignating subsection (c) of such 

11 former section 9314a as paragraph (5) and in that 

12 paragraph— 

13 (A) by striking ‘‘ANNUAL DETERMINATION

14 BY THE SECRETARY OF THE AIR FORCE.—’’; 

15 and 

16 (B) by redesignating paragraphs (1) and 

17 (2) therein as subparagraphs (A) and (B), re18 spectively; and 

19 (4) by redesignating subsection (d) of such 

20 former section 9314a as paragraph (6) and in that 

21 paragraph— 

22 (A) by striking ‘‘PROGRAM REQUIRE23 MENTS.—’’; 


smartinez on DSK4TPTVN1PROD with BILLS
57 

•S 1118 IS

1 (B) by redesignating paragraphs (1) and 

2 (2) therein as subparagraphs (A) and (B), re3 spectively; and 

4 (C) in subparagraph (A), as so redesig5 nated— 

6 (i) by striking ‘‘under this section’’ 

7 and inserting ‘‘under this subsection’’; and 

8 (ii) by striking ‘‘subsection (a)’’ and 

9 inserting ‘‘paragraph (1)’’. 

10 (d) TUITION.—Subsection (e) of such section is 

11 amended— 

12 (1) by striking ‘‘under this section’’ and insert13 ing ‘‘under subsections (c) and (d)’’; and 

14 (2) by inserting before the period at the end the 

15 following: ‘‘who are detailed to receive instruction at 

16 the Institute under subsection (b)’’. 

17 (e) STANDARDS OF CONDUCT.—Subsection (f) of 

18 such section is amended— 

19 (1) by striking ‘‘defense industry employees’’ 

20 and inserting ‘‘persons’’; and 

21 (2) by inserting ‘‘who are not members of the 

22 armed forces or Government civilian employees’’ 

23 after ‘‘enrolled under this section’’. 

24 (f) CLERICAL AMENDMENTS.— 


smartinez on DSK4TPTVN1PROD with BILLS
58 

•S 1118 IS

1 (1) SECTION HEADING.—The heading of section 

2 9314 of such title is amended to read as follows: 

3 ‘‘§ 9314. United States Air Force Institute of Tech4 nology: degree granting authority’’. 

5 (2) TABLE OF SECTIONS.—The table of sections 

6 at the beginning of such chapter is amended by 

7 striking the items relating to sections 9314 and 

8 9314a and inserting the following: 

‘‘9314. United States Air Force Institute of Technology: degree granting authority. 

‘‘9314a. United States Air Force Institute of Technology: reimbursement and 

tuition; instruction of persons other than Air Force personnel.’’. 

9 SEC. 524. REPEAL OF TIME-IN-SERVICE REQUIREMENT FOR 

10 FUNDED LEGAL EDUCATION PROGRAM. 

11 Section 2004(b) of title 10, United States Code, is 

12 amended— 

13 (1) by striking ‘‘and must—’’ and all that fol14 lows through ‘‘(2) sign’’ and inserting ‘‘and must 

15 sign’’; 

16 (2) by redesignating subparagraphs (A), (B), 

17 and (C) as paragraphs (1), (2), and (3), respectively; 

18 and 

19 (3) by realigning those paragraphs, as so redes20 ignated, so as to be two ems from the left margin. 


smartinez on DSK4TPTVN1PROD with BILLS
59 

•S 1118 IS

1 Subtitle D—Defense Dependents’ 

2 Education and Military Family 

3 Readiness Matters 

4 SEC. 531. AUTHORITY TO USE APPROPRIATED FUNDS TO 

5 SUPPORT DEPARTMENT OF DEFENSE STU6 DENT MEAL PROGRAMS IN DOMESTIC DE7 PENDENT ELEMENTARY AND SECONDARY 

8 SCHOOLS LOCATED OUTSIDE THE UNITED 

9 STATES. 

10 Section 2243 of title 10, United States Code, is 

11 amended— 

12 (1) in the heading, by inserting ‘‘defense’’ after 

13 ‘‘overseas’’; 

14 (2) in subsection (a)— 

15 (A) by striking ‘‘the defense dependents’ 

16 education system’’ and inserting ‘‘overseas de17 fense dependents’ schools’’; and 

18 (B) by striking ‘‘students enrolled in that 

19 system’’ and inserting ‘‘a student enrolled in 

20 such a school’’; 

21 (3) in subsection (d), by striking ‘‘Department 

22 of Defense dependents schools which are located out23 side the United States’’ and inserting ‘‘overseas de24 fense dependents’ schools’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
60 

•S 1118 IS

1 (4) by adding at the end the following new sub2 section: 

3 ‘‘(e) OVERSEAS DEFENSE DEPENDENTS’ SCHOOL

4 DEFINED.—In this section, the term ‘overseas defense de5 pendents’ school’ means— 

6 ‘‘(1) a school established as part of the defense 

7 dependents’ education system provided for under the 

8 Defense Dependents’ Education Act of 1978 (20 

9 U.S.C. 921 et seq.); or 

10 ‘‘(2) an elementary or secondary school estab11 lished pursuant to section 2164 of this title that is 

12 located in a territory, commonwealth, or possession 

13 of the United States.’’. 

14 SEC. 532. IN-STATE TUITION RATES FOR SENIOR RESERVE 

15 OFFICERS’ TRAINING CORPS CADETS AND 

16 MIDSHIPMEN. 

17 (a) REQUIREMENT TO CHARGE IN-STATE TUITION

18 RATES TO SENIOR RESERVE OFFICERS’ TRAINING CORPS

19 SCHOLARSHIP MEMBERS.—Section 2102(b) of title 10, 

20 United States Code, is amended— 

21 (1) by striking ‘‘and’’ at the end of paragraph 

22 (2); 

23 (2) by striking the period at the end of para24 graph (3) and inserting ‘‘; and’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
61 

•S 1118 IS

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

2 paragraph: 

3 ‘‘(4) in the case of an institution that charges 

4 different rates of tuition based upon whether or not 

5 a student is a resident of the State in which the in6 stitution is located, the institution charges a member 

7 of the program who is a cadet or midshipman ap8 pointed under section 2107 of this title tuition at a 

9 rate that is no greater than the resident tuition rate 

10 offered by the institution.’’. 

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

12 this section shall take effect on August 1, 2018. 

13 Subtitle E—Other Matters 

14 SEC. 541. EXPANSION AND EXTENSION OF AUTHORITY FOR 

15 PILOT PROGRAMS ON CAREER FLEXIBILITY 

16 TO ENHANCE RETENTION OF MEMBERS OF 

17 THE ARMED FORCES. 

18 (a) EXPANSION OF ELIGIBLE MEMBERS.—Section 

19 533 of the Duncan Hunter National Defense Authoriza20 tion Act for Fiscal Year 2009 (Public Law 110–417; 10 

21 U.S.C. prec. 701 note) is amended by striking subsections 

22 (b) and (c). 

23 (b) EXTENSION OF PROGRAM.— 

24 (1) DURATION OF PROGRAM AUTHORITY.—Sub25 section (m) of such section is amended by striking 


smartinez on DSK4TPTVN1PROD with BILLS
62 

•S 1118 IS

1 ‘‘December 31, 2015’’ and inserting ‘‘December 31, 

2 2018’’. 

3 (2) CONFORMING AMENDMENTS TO REPORTING

4 REQUIREMENTS.—Subsection (k) of such section is 

5 amended— 

6 (A) in paragraph (1), by striking ‘‘and 

7 2017’’ and inserting ‘‘, 2017, 2019, and 2021’’; 

8 and 

9 (B) in paragraph (2), by striking ‘‘March 

10 1, 2019’’ and inserting ‘‘March 1, 2022’’. 

11 SEC. 542. UPDATE TO INVOLUNTARY MOBILIZATION DUTY 

12 AUTHORITIES EXEMPT FROM FIVE-YEAR 

13 LIMIT UNDER THE UNIFORMED SERVICES 

14 EMPLOYMENT AND REEMPLOYMENT RIGHTS 

15 ACT. 

16 Section 4312(c)(4)(A) of title 38, United States 

17 Code, is amended by inserting after ‘‘12304,’’ the fol18 lowing: ‘‘12304a, 12304b,’’. 

19 SEC. 543. ENHANCEMENT OF CONFIDENTIALITY OF RE20 STRICTED REPORTING OF SEXUAL ASSAULT 

21 IN THE MILITARY. 

22 (a) PREEMPTION OF STATE LAW TO ENSURE CON23 FIDENTIALITY OF REPORTING.—Subsection (b) of section 

24 1565b of title 10, United States Code, is amended by add25 ing at the end the following new paragraph: 


smartinez on DSK4TPTVN1PROD with BILLS
63 

•S 1118 IS

1 ‘‘(3) In the case of information disclosed pursuant to 

2 paragraph (1), any State law, regulation, or rule of profes3 sional responsibility that would require an individual spec4 ified in subsection (b)(2) to disclose the personally identifi5 able information of the adult victim or alleged perpetrator 

6 of the sexual assault to a State or local law enforcement 

7 agency shall not apply, except when reporting is necessary 

8 to prevent or mitigate a serious and imminent threat to 

9 the health or safety of an individual.’’. 

10 (b) CLARIFICATION OF SCOPE.—Paragraph (1) of 

11 such subsection is amended by striking ‘‘a dependent’’ and 

12 inserting ‘‘an adult dependent’’. 

13 (c) DEFINITIONS.—Such section is further amended 

14 by adding at the end the following new subsection: 

15 ‘‘(c) DEFINITIONS.—In this section: 

16 ‘‘(1) SEXUAL ASSAULT.—The term ‘sexual as17 sault’ includes the offenses of rape, sexual assault, 

18 forcible sodomy, aggravated sexual contact, abusive 

19 sexual contact, and attempts to commit such of20 fenses, as punishable under applicable Federal or 

21 State law. 

22 ‘‘(2) STATE.—The term ‘State’ includes the 

23 District of Columbia, the Commonwealth of Puerto 

24 Rico, the Commonwealth of the Northern Mariana 


smartinez on DSK4TPTVN1PROD with BILLS
64 

•S 1118 IS

1 Islands, and any territory or possession of the 

2 United States.’’. 

3 SEC. 544. ENHANCED FLEXIBILITY IN PROVISION OF RELO4 CATION ASSISTANCE TO MEMBERS OF THE 

5 ARMED FORCES AND THEIR FAMILIES. 

6 (a) GEOGRAPHIC REQUIREMENT.—Paragraph (1) of 

7 subsection (c) of section 1056 of title 10, United States 

8 Code, is amended by striking the second, third, and fourth 

9 sentences and inserting the following new sentence: ‘‘Such 

10 relocation assistance programs shall ensure that members 

11 of the armed forces and their families are provided reloca12 tion assistance regardless of geographic location.’’. 

13 (b) COMPUTERIZED INFORMATION SYSTEM.—Such 

14 subsection is further amended— 

15 (1) in paragraph (2)— 

16 (A) by striking ‘‘available through each 

17 military’’ and inserting ‘‘a’’; and 

18 (B) by striking ‘‘all other military reloca19 tion assistance programs’’ and inserting ‘‘the 

20 relocation assistance programs’’; and 

21 (2) in paragraph (3), by striking ‘‘Duties of 

22 each military relocation assistance program shall in23 clude assisting’’ and inserting ‘‘Assistance shall be 

24 provided to’’. 


smartinez on DSK4TPTVN1PROD with BILLS
65 

•S 1118 IS

1 (c) DIRECTOR.—Subsection (d) of such section is 

2 amended to read as follows: 

3 ‘‘(d) PROGRAM MANAGER.—The Secretary of De4 fense shall establish the position of Program Manager of 

5 Military Relocation Assistance in the office of the Assist6 ance Secretary of Defense with responsibility for readiness 

7 and force management. The Program Manager shall over8 see development and implementation of relocation assist9 ance under this section.’’. 

10 SEC. 545. REQUIRED PROVISION OF PRESEPARATION 

11 COUNSELING. 

12 (a) CLARIFICATION OF REQUIREMENT FOR 180 CON13 TINUOUS DAYS OF ACTIVE DUTY SERVICE.—Subpara14 graph (A) of section 1142(a)(4) of title 10, United States 

15 Code, is amended by inserting ‘‘continuous’’ after ‘‘first 

16 180’’. 

17 (b) EXCLUSION OF TRAINING FROM PERIODS OF AC18 TIVE DUTY.—Such section is further amended by adding 

19 at the end the following new subparagraph: 

20 ‘‘(C) For purposes of subparagraph (A), the term ‘ac21 tive duty’ does not include full-time training duty, annual 

22 training duty, and attendance, while in the active military 

23 service, at a school designated as a service school by law 

24 or by the Secretary of the military department con25 cerned.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
66 

•S 1118 IS

1 SEC. 546. ENHANCEMENTS TO YELLOW RIBBON RE2 INTEGRATION PROGRAM. 

3 (a) SCOPE AND PURPOSE.—Section 582 of the Na4 tional Defense Authorization Act for Fiscal Year 2008 

5 (Public Law 111–181; 10 U.S.C. 10101 note) is amend6 ed— 

7 (1) in subsection (a), by striking ‘‘combat vet8 eran’’; and 

9 (2) in subsection (b), by striking ‘‘informational 

10 events and activities’’ and inserting ‘‘information, 

11 events, and activities’’. 

12 (b) ELIGIBILITY.—Such section is further amend13 ed— 

14 (1) in subsection (a), by striking ‘‘National 

15 Guard and Reserve members and their families’’ and 

16 inserting ‘‘eligible individuals’’; 

17 (2) in subsection (b), by striking ‘‘members of 

18 the reserve components of the Armed Forces, their 

19 families,’’ and inserting ‘‘eligible individuals’’; 

20 (3) in subsection (d)(2)(C), by striking ‘‘mem21 bers of the Armed Forces and their families’’ and in22 serting ‘‘eligible individuals’’; 

23 (4) in subsection (h), in the matter preceding 

24 paragraph (1)— 


smartinez on DSK4TPTVN1PROD with BILLS
67 

•S 1118 IS

1 (A) by striking ‘‘members of the Armed 

2 Forces and their family members’’ and insert3 ing ‘‘eligible individuals’’; and 

4 (B) by striking ‘‘such members and their 

5 family members’’ and inserting ‘‘such eligible 

6 individuals’’; 

7 (5) in subsection (j), by striking ‘‘members of 

8 the Armed Forces and their families’’ and inserting 

9 ‘‘eligible individuals’’; 

10 (6) in subsection (k), by striking ‘‘individual 

11 members of the Armed Forces and their families’’ 

12 and inserting ‘‘eligible individuals’’; and 

13 (7) by adding at the end the following new sub14 section: 

15 ‘‘(l) ELIGIBLE INDIVIDUALS.—For the purposes of 

16 this section, the term ‘eligible individual’ means a member 

17 of a reserve component, a member of their family, or a 

18 designated representative who the Secretary of Defense 

19 determines to be eligible for the Yellow Ribbon Reintegra20 tion Program.’’. 

21 (c) OFFICE FOR REINTEGRATION PROGRAMS.— 

22 (1) OVERSIGHT OF YELLOW RIBBON RE23 INTEGRATION PROGRAM.—Subparagraph (1)(A) of 

24 subsection (d) of such section is amended by striking 

25 the second and third sentence and inserting ‘‘The ofVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
68 

•S 1118 IS

1 fice shall exercise oversight over the Yellow Ribbon 

2 Reintegration Program and shall be responsible for 

3 coordination with State National Guard and Reserve 

4 organizations, including existing family and support 

5 programs.’’. 

6 (2) PARTNERSHIPS TO PROVIDE QUALITY OF

7 LIFE SERVICES.—Subparagraph (1)(B) of such sub8 section is amended by striking ‘‘substance abuse and 

9 mental health treatment services’’ and inserting 

10 ‘‘substance abuse, mental health treatment, and 

11 other quality of life services’’. 

12 (3) GRANT AUTHORITY.—Such subsection is 

13 further amended by adding at the end the following 

14 new paragraph: 

15 ‘‘(3) GRANTS.—The Office for Reintegration 

16 Programs may make grants to conduct data collec17 tion, trend analysis, and curriculum development 

18 and to prepare reports in support of activities under 

19 this section.’’. 

20 (d) COORDINATION WITH COAST GUARD RE21 SERVE.—Such section is amended— 

22 (1) in subsection (d)(1)(A), by striking ‘‘and 

23 Air Force Reserve’’ and inserting ‘‘Air Force Re24 serve, and Coast Guard Reserve’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
69 

•S 1118 IS

1 (2) in subsection (e)(1), by striking ‘‘and Air 

2 Force Reserve’’ and inserting ‘‘Air Force Reserve, 

3 and Coast Guard Reserve’’. 

4 (e) DUE DATE OF ADVISORY BOARD ANNUAL RE5 PORT.—Subsection (e)(4) of such section is amended by 

6 striking ‘‘March’’ and inserting ‘‘April’’. 

7 (f) SUPPORT TEAMS.—Subsection (f) of such section 

8 is amended— 

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

10 striking ‘‘administer the Yellow Ribbon Reintegra11 tion Program at the State level’’ and inserting ‘‘sup12 port and assist State National Guard and Reserve 

13 organization efforts’’; and 

14 (2) by amending paragraph (1) to read as fol15 lows: 

16 ‘‘(1) to provide reintegration curriculum and in17 formation;’’. 

18 (g) OPERATION OF PROGRAM.— 

19 (1) ENHANCED FLEXIBILITY.—Subsection (g) 

20 of such section is amended to read as follows: 

21 ‘‘(g) OPERATION OF PROGRAM.— 

22 ‘‘(1) IN GENERAL.—The Office for Reintegra23 tion Programs shall assist State National Guard and 

24 Reserve organizations with the development and pro25 vision of information, events, and activities to supVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
70 

•S 1118 IS

1 port the health and well-being of eligible individuals 

2 before, during, and after periods of activation, mobi3 lization, or deployment. 

4 ‘‘(2) FOCUS OF INFORMATION, EVENTS, AND

5 ACTIVITIES.— 

6 ‘‘(A) BEFORE ACTIVATION, MOBILIZATION, 

7 OR DEPLOYMENT.—Before such a period, the 

8 information, events, and activities described in 

9 paragraph (1) should focus on preparing eligi10 ble individuals and affected communities for the 

11 rigors of activation, mobilization, and deploy12 ment. 

13 ‘‘(B) DURING ACTIVATION, MOBILIZATION, 

14 OR DEPLOYMENT.—During such a period, the 

15 information, events, and activities described in 

16 paragraph (1) should focus on— 

17 ‘‘(i) helping eligible individuals cope 

18 with the challenges and stress associated 

19 with such period; 

20 ‘‘(ii) decreasing the isolation of eligi21 ble individuals during such period; and 

22 ‘‘(iii) preparing eligible individuals for 

23 the challenges associated with reintegra24 tion. 


smartinez on DSK4TPTVN1PROD with BILLS
71 

•S 1118 IS

1 ‘‘(C) AFTER ACTIVATION, MOBILIZATION, 

2 OR DEPLOYMENT.—After such a period, the in3 formation, events, and activities described in 

4 paragraph (1) should focus on— 

5 ‘‘(i) reconnecting the member with 

6 their families, friends, and communities; 

7 ‘‘(ii) providing information on employ8 ment opportunities; 

9 ‘‘(iii) helping eligible individuals deal 

10 with the challenges of reintegration; 

11 ‘‘(iv) ensuring that eligible individuals 

12 understand what benefits they are entitled 

13 to and what resources are available to help 

14 them overcome the challenges of reintegra15 tion; and 

16 ‘‘(v) providing a forum for addressing 

17 negative behaviors related to operational 

18 stress and reintegration. 

19 ‘‘(3) MEMBER PAY.—Members shall receive ap20 propriate pay for days spent attending such events 

21 and activities. 

22 ‘‘(4) MINIMUM NUMBER OF EVENTS AND AC23 TIVITIES.—The State National Guard and Reserve 

24 Organizations shall provide to eligible individuals— 


smartinez on DSK4TPTVN1PROD with BILLS
72 

•S 1118 IS

1 ‘‘(A) one event or activity before a period 

2 of activation, mobilization, or deployment; 

3 ‘‘(B) one event or activity during a period 

4 of activation, mobilization, or deployment; and 

5 ‘‘(C) two events or activities after a period 

6 of activation, mobilization, or deployment.’’. 

7 (2) CONFORMING AMENDMENTS.—Such section 

8 is amended— 

9 (A) in subsection (a), by striking 

10 ‘‘throughout the entire deployment cycle’’; 

11 (B) in subsection (b)— 

12 (i) by striking ‘‘well-being through the 

13 4 phases’’ through the end of the sub14 section and inserting ‘‘well-being.’’; and 

15 (ii) in the heading, by striking ‘‘; DE16 PLOYMENT CYCLE’’; 

17 (C) in subsection (d)(2)(C), by striking 

18 ‘‘throughout the deployment cycle described in 

19 subsection (g)’’; and 

20 (D) in subsection (f), by striking ‘‘STATE

21 DEPLOYMENT CYCLE’’ in the heading. 

22 (h) ADDITIONAL PERMITTED OUTREACH SERVICE.— 

23 Subsection (h) of such section is amended by adding at 

24 the end the following new paragraph: 


smartinez on DSK4TPTVN1PROD with BILLS
73 

•S 1118 IS

1 ‘‘(16) Stress management and positive coping 

2 skills.’’. 

3 (i) SUPPORT OF DEPARTMENT-WIDE SUICIDE PRE4 VENTION EFFORTS.—Such section is further amended by 

5 inserting after subsection (h) the following new subsection: 

6 ‘‘(i) SUPPORT OF SUICIDE PREVENTION EFFORTS.— 

7 The Office for Reintegration Programs shall assist the De8 fense Suicide Prevention Office and the Defense Centers 

9 of Excellence for Psychological Health and Traumatic 

10 Brain Injury to collect and analyze information, sugges11 tions, and best practices from State National Guard and 

12 Reserve organizations with suicide prevention and commu13 nity response programs.’’. 

14 (j) CLERICAL AMENDMENTS.—Such section is 

15 amended— 

16 (1) in subsection (d)(1)(B), by striking ‘‘Sub17 stance Abuse and the Mental Health Services Ad18 ministration’’ and inserting ‘‘Substance Abuse and 

19 Mental Health Services Administration’’; and 

20 (2) in subsection (e)(3)(C), by striking ‘‘Office 

21 of Reintegration Programs’’ and inserting ‘‘Office 

22 for Reintegration Programs’’. 


smartinez on DSK4TPTVN1PROD with BILLS
74 

•S 1118 IS

1 SEC. 547. AUTHORITY FOR APPLICATIONS FOR CORREC2 TION OF MILITARY RECORDS TO BE INITI3 ATED BY SECRETARY CONCERNED. 

4 Section 1552(b) of title 10, United States Code, is 

5 amended— 

6 (1) by striking ‘‘or his heir or legal representa7 tive’’ and inserting ‘‘(or the claimant’s heir or legal 

8 representative) or the Secretary concerned’’; and 

9 (2) by striking ‘‘he discovers’’ and inserting 

10 ‘‘discovering’’. 

11 TITLE VI—COMPENSATION AND 

12 OTHER PERSONNEL BENEFITS 

13 Subtitle A—Pay and Allowances 

14 SEC. 601. FISCAL YEAR 2016 INCREASE IN MILITARY BASIC 

15 PAY. 

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

17 adjustment to become effective during fiscal year 2016 re18 quired by section 1009 of title 37, United States Code, 

19 in the rates of monthly basic pay authorized members of 

20 the uniformed services shall not be made. 

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

22 1, 2016, the rates of monthly basic pay for members of 

23 the uniformed services are increased by 1.3 percent. 


smartinez on DSK4TPTVN1PROD with BILLS
75 

•S 1118 IS

1 SEC. 602. REVISION TO METHOD OF COMPUTATION OF 

2 BASIC ALLOWANCE FOR HOUSING. 

3 Section 403(b)(3)(B) of title 37, United States Code, 

4 is amended by striking ‘‘one percent’’ and inserting ‘‘five 

5 percent’’. 

6 Subtitle B—Bonuses and Special 

7 Incentive Pays 

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

9 BONUS AND SPECIAL PAY AUTHORITIES. 

10 (a) AUTHORITIES RELATING TO RESERVE

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

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

13 2015’’ and inserting ‘‘December 31, 2016’’: 

14 (1) Section 308b(g), relating to Selected Re15 serve reenlistment bonus. 

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

17 affiliation or enlistment bonus. 

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

19 enlisted members assigned to certain high-priority 

20 units. 

21 (4) Section 308g(f)(2), relating to Ready Re22 serve enlistment bonus for persons without prior 

23 service. 

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

25 enlistment and reenlistment bonus for persons with 

26 prior service. 


smartinez on DSK4TPTVN1PROD with BILLS
76 

•S 1118 IS

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

2 enlistment and reenlistment bonus for persons with 

3 prior service. 

4 (7) Section 910(g), relating to income replace5 ment payments for reserve component members ex6 periencing extended and frequent mobilization for 

7 active duty service. 

8 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH

9 CARE PROFESSIONALS.—The following sections of title 

10 10, United States Code, are amended by striking ‘‘Decem11 ber 31, 2015’’ and inserting ‘‘December 31, 2016’’: 

12 (1) Section 2130a(a)(1), relating to nurse offi13 cer candidate accession program. 

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

15 education loans for certain health professionals who 

16 serve in the Selected Reserve. 

17 (c) TITLE 37 AUTHORITIES RELATING TO HEALTH

18 CARE PROFESSIONALS.—The following sections of title 

19 37, United States Code, are amended by striking ‘‘Decem20 ber 31, 2015’’ and inserting ‘‘December 31, 2016’’: 

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

22 retention bonuses for psychologists. 

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

24 bonus for registered nurses. 


smartinez on DSK4TPTVN1PROD with BILLS
77 

•S 1118 IS

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

2 special pay for nurse anesthetists. 

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

4 Selected Reserve health professionals in critically 

5 short wartime specialties. 

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

7 bonus for dental officers. 

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

9 for pharmacy officers. 

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

11 for medical officers in critically short wartime spe12 cialties. 

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

14 for dental specialist officers in critically short war15 time specialties. 

16 (d) AUTHORITIES RELATING TO NUCLEAR OFFI17 CERS.—The following sections of title 37, United States 

18 Code, are amended by striking ‘‘December 31, 2015’’ and 

19 inserting ‘‘December 31, 2016’’: 

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

21 nuclear-qualified officers extending period of active 

22 service. 

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

24 accession bonus. 


smartinez on DSK4TPTVN1PROD with BILLS
78 

•S 1118 IS

1 (3) Section 312c(d), relating to nuclear career 

2 annual incentive bonus. 

3 (e) AUTHORITIES RELATING TO TITLE 37 CONSOLI4 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU5 THORITIES.—The following sections of title 37, United 

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

7 2015’’ and inserting ‘‘December 31, 2016’’: 

8 (1) Section 331(h), relating to general bonus 

9 authority for enlisted members. 

10 (2) Section 332(g), relating to general bonus 

11 authority for officers. 

12 (3) Section 333(i), relating to special bonus and 

13 incentive pay authorities for nuclear officers. 

14 (4) Section 334(i), relating to special aviation 

15 incentive pay and bonus authorities for officers. 

16 (5) Section 335(k), relating to bonus and incen17 tive pay authorities for officers in health professions. 

18 (6) Section 336(g), relating to contracting 

19 bonus for cadets and midshipmen enrolled in the 

20 Senior Reserve Officers’ Training Corps. 

21 (7) Section 351(h), relating to hazardous duty 

22 pay. 

23 (8) Section 352(g), relating to assignment pay 

24 or special duty pay. 


smartinez on DSK4TPTVN1PROD with BILLS
79 

•S 1118 IS

1 (9) Section 353(i), relating to skill incentive 

2 pay or proficiency bonus. 

3 (10) Section 355(h), relating to retention incen4 tives for members qualified in critical military skills 

5 or assigned to high priority units. 

6 (f) OTHER TITLE 37 BONUS AND SPECIAL PAY AU7 THORITIES.—The following sections of title 37, United 

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

9 2015’’ and inserting ‘‘December 31, 2016’’: 

10 (1) Section 301b(a), relating to aviation officer 

11 retention bonus. 

12 (2) Section 307a(g), relating to assignment in13 centive pay. 

14 (3) Section 308(g), relating to reenlistment 

15 bonus for active members. 

16 (4) Section 309(e), relating to enlistment 

17 bonus. 

18 (5) Section 324(g), relating to accession bonus 

19 for new officers in critical skills. 

20 (6) Section 326(g), relating to incentive bonus 

21 for conversion to military occupational specialty to 

22 ease personnel shortage. 

23 (7) Section 327(h), relating to incentive bonus 

24 for transfer between the Armed Forces. 


smartinez on DSK4TPTVN1PROD with BILLS
80 

•S 1118 IS

1 (8) Section 330(f), relating to accession bonus 

2 for officer candidates. 

3 (g) AUTHORITY TO PROVIDE TEMPORARY INCREASE

4 IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section 

5 403(b)(7)(E) of title 37, United States Code, is amended 

6 by striking ‘‘December 31, 2015’’ and inserting ‘‘Decem7 ber 31, 2016’’. 

8 SEC. 612. MODIFICATION TO SPECIAL AVIATION INCENTIVE 

9 PAY AND BONUS AUTHORITIES FOR OFFI10 CERS. 

11 (a) CLARIFICATION OF SECRETARIAL AUTHORITY TO

12 SET REQUIREMENTS FOR AVIATION INCENTIVE PAY ELI13 GIBILITY.—Subsection (a) of section 334 of title 37, 

14 United States Code, is amended— 

15 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; 

16 (2) by redesignating paragraphs (1), (2), (3), 

17 (4), and (5) as subparagraphs (A), (B), (C), (D), 

18 and (E), respectively; and 

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

20 paragraph: 

21 ‘‘(2) The Secretary concerned may pay aviation in22 centive pay under this section to an officer who is other23 wise qualified for such pay but who is not currently en24 gaged in the performance of operational flying duty or 

25 proficiency flying duty if the Secretary determines, under 


smartinez on DSK4TPTVN1PROD with BILLS
81 

•S 1118 IS

1 regulations prescribed under section 374 of this title, that 

2 payment of aviation incentive pay to that officer is in the 

3 best interests of the service.’’. 

4 (b) RESTORATION OF AUTHORITY TO PAY AVIATION

5 INCENTIVE PAY TO MEDICAL OFFICERS PERFORMING

6 FLIGHT SURGEON DUTIES.—Subsection (h)(1) of such 

7 section is amended by striking ‘‘(except a flight surgeon 

8 or other medical officer)’’. 

9 (c) INCREASE IN MAXIMUM AMOUNT OF AVIATION

10 SPECIAL PAYS.— 

11 (1) MONTHLY AVIATION INCENTIVE PAY.—Sub12 section (c)(1)(A) of such section is amended by 

13 striking ‘‘$850’’ and inserting ‘‘$1,000’’. 

14 (2) ANNUAL AVIATION INCENTIVE BONUS.— 

15 Subsection (c)(1)(B) of such section is amended by 

16 striking ‘‘$25,000’’ and inserting ‘‘$35,000’’. 

17 (d) AUTHORITY TO PAY AVIATION BONUS AND

18 SKILL INCENTIVE PAY SIMULTANEOUSLY TO OFFI19 CERS.—Subsection (f) of such section is amended— 

20 (1) in paragraph (1), by striking ‘‘353’’ and in21 serting ‘‘353(a)’’; and 

22 (2) in paragraph (2)— 

23 (A) by inserting ‘‘bonus’’ after ‘‘may not 

24 receive a’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
82 

•S 1118 IS

1 (B) by striking ‘‘353’’ and inserting 

2 ‘‘353(b)’’. 

3 SEC. 613. INCREASE IN MAXIMUM ANNUAL AMOUNT OF NU4 CLEAR OFFICER BONUS PAY. 

5 Section 333(d)(1)(A) of title 37, United States Code, 

6 is amended by striking ‘‘$35,000’’ and inserting 

7 ‘‘$50,000’’. 

8 Subtitle C—Other Matters 

9 SEC. 621. REVISION TO AUTHORITIES RELATING TO MAIL 

10 SERVICE FOR MEMBERS OF THE ARMED 

11 FORCES AND DEFENSE CIVILIANS OVERSEAS. 

12 (a) ELIGIBILITY FOR FREE MAIL.—Subsection (a) of 

13 section 3401 of title 39, United States Code, is amended 

14 to read as follows: 

15 ‘‘(a) First Class letter mail correspondence shall be 

16 carried, at no cost to the sender, in the manner provided 

17 by this section, when mailed by an individual who is a 

18 member of the Armed Forces of the United States on ac19 tive duty, as defined in section 101 of title 10, or a civil20 ian, otherwise authorized to use postal services at Armed 

21 Forces installations, who is providing support to military 

22 operations, as designated by the military theater com23 mander, and addressed to a place within the delivery limits 

24 of a United States post office, if— 


smartinez on DSK4TPTVN1PROD with BILLS
83 

•S 1118 IS

1 ‘‘(1) such letter mail is mailed by such indi2 vidual at an Armed Forces post office established in 

3 an overseas area designated by the President, where 

4 the Armed Forces of the United States are deployed 

5 for a contingency operation as determined by the 

6 Secretary of Defense; or 

7 ‘‘(2) such individual is hospitalized as a result 

8 of disease or injury incurred as a result of service 

9 in an overseas area designated by the President 

10 under paragraph (1).’’. 

11 (b) SURFACE SHIPMENT OF MAIL AUTHORIZED.— 

12 Subsection (b) of such section is amended to read as fol13 lows: 

14 ‘‘(b) There shall be transported by either surface or 

15 air, between Armed Forces post offices or from an Armed 

16 Forces post office to a point of entry into the United 

17 States, the following categories of mail matter which are 

18 mailed at any such Armed Forces post office: 

19 ‘‘(1) Letter mail communications having the 

20 character of personal correspondence. 

21 ‘‘(2) Any parcel exceeding one pound in weight 

22 but less than 70 pounds in weight and less than 130 

23 linear inches (length plus girth). 

24 ‘‘(3) Publications published once each week or 

25 more frequently and featuring principally current 


smartinez on DSK4TPTVN1PROD with BILLS
84 

•S 1118 IS

1 news of interest to members of the Armed Forces 

2 and the general public.’’. 

3 (c) CLERICAL AMENDMENT.—The heading for such 

4 section, and the item relating to such section in the table 

5 of sections at the beginning of chapter 34 of such title, 

6 are each amended by striking the last five words. 

7 SEC. 622. REPEAL OF OBSOLETE SPECIAL TRAVEL AND 

8 TRANSPORTATION ALLOWANCE FOR SUR9 VIVORS OF DECEASED MEMBERS FROM THE 

10 VIETNAM CONFLICT. 

11 Section 481f of title 37, United States Code, is 

12 amended by striking subsection (d). 

13 SEC. 623. CLARIFICATION OF AUTHORITY FOR RECORDING 

14 OBLIGATIONS FOR INSTALLMENT PAYMENTS 

15 OF INCENTIVE PAYS, ALLOWANCES, AND 

16 SIMILAR BENEFITS WHEN PAYMENT IS DUE. 

17 (a) IN GENERAL.—Chapter 19 of title 37, United 

18 States Code, is amended by adding at the end the fol19 lowing new section: 

20 ‘‘§ 1016. Recordation of installment payment obliga21 tions 

22 ‘‘(a) In the case of any pay, allowance, bonus, or 

23 other benefit described in subsection (b) that is paid to 

24 a member of the uniformed services on an installment 

25 basis, each installment payment shall be charged to approVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
85 

•S 1118 IS

1 priations that are available for obligation at the time such 

2 payment is payable. 

3 ‘‘(b) Subsection (a) applies to any incentive pay, spe4 cial pay, or a bonus, or a similar periodic payment of pay 

5 or allowances, or of educational benefits or stipends, that 

6 is paid to a member of the uniformed services under this 

7 title or title 10.’’. 

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

9 at the beginning of such chapter is amended by adding 

10 at the end the following new item: 

‘‘1016. Recordation of installment payment obligations.’’. 

11 SEC. 624. ADDITIONAL COVERAGE UNDER HOMEOWNER AS12 SISTANCE PROGRAM FOR WOUNDED MEM13 BERS OF THE ARMED FORCES, DEPARTMENT 

14 OF DEFENSE AND COAST GUARD CIVILIAN 

15 EMPLOYEES, AND THEIR SPOUSES. 

16 (a) ADDITIONAL COVERAGE.—Section 1013(a)(2) of 

17 the Demonstration Cities and Metropolitan Development 

18 Act of 1966 (42 U.S.C. 3374(a)(2)) is amended by insert19 ing ‘‘or, in the case of a wound, injury, or illness with 

20 delayed expression or delayed identification, was at the 

21 time of the relevant diagnosis,’’ after ‘‘which was at the 

22 time of the relevant wound, injury, or illness,’’. 

23 (b) TAX TREATMENT.—Section 132(n) of the Inter24 nal Revenue Code of 1986 is amended by striking ‘‘Amer25 ican Recovery and Reinvestment Tax Act of 2009’’ and 


smartinez on DSK4TPTVN1PROD with BILLS
86 

•S 1118 IS

1 inserting ‘‘National Defense Authorization Act for Fiscal 

2 Year 2016’’. 

3 TITLE VII—HEALTHCARE 

4 PROVISIONS 

5 Subtitle A—TRICARE and Other 

6 Health Care Benefits 

7 SEC. 701. CONSOLIDATED TRICARE HEALTH PLAN. 

8 (a) FREEDOM OF CHOICE FOR TRICARE POINTS OF

9 SERVICE.—Chapter 55 of title 10, United States Code, is 

10 amended by inserting after section 1073b the following 

11 new section: 

12 ‘‘§ 1073c. TRICARE program: freedom of choice for 

13 points of service 

14 ‘‘(a) FREEDOM OF CHOICE.—A covered beneficiary 

15 may choose to receive medical and dental care and health 

16 benefits care from any of the points of service specified 

17 in subsection (b), subject to availability. 

18 ‘‘(b) POINTS OF SERVICE.—The points of service 

19 specified in this subsection are as follows: 

20 ‘‘(1) Facilities of the uniformed services. 

21 ‘‘(2) Providers under the TRICARE program 

22 designated as network providers for the purposes of 

23 this chapter by the Secretary of Defense. 


smartinez on DSK4TPTVN1PROD with BILLS
87 

•S 1118 IS

1 ‘‘(3) Providers under the TRICARE program 

2 other than those described in paragraphs (1) and 

3 (2), to be known as out-of-network providers.’’. 

4 (b) TRICARE COST-SHARING REQUIREMENTS.— 

5 Such chapter is further amended by inserting after section 

6 1074n the following new section: 

7 ‘‘§ 1075. TRICARE program: cost-sharing require8 ments 

9 ‘‘(a) IN GENERAL.—This section establishes cost10 sharing requirements for beneficiaries under the 

11 TRICARE program. 

12 ‘‘(b) BENEFICIARIES FOR COST-SHARING PUR13 POSES.— 

14 ‘‘(1) BENEFICIARY CATEGORIES.—The bene15 ficiary categories for purposes of cost-sharing re16 quirements under the TRICARE program are as fol17 lows: 

18 ‘‘(A) CATEGORY 1: ACTIVE-DUTY MEM19 BERS.—Category 1 consists of beneficiaries who 

20 are covered by section 1074(a) of this title. 

21 ‘‘(B) CATEGORY 2: DEPENDENTS OF AC22 TIVE-DUTY MEMBERS.—Category 2 consists of 

23 beneficiaries who are covered by section 1079 of 

24 this title. 


smartinez on DSK4TPTVN1PROD with BILLS
88 

•S 1118 IS

1 ‘‘(C) CATEGORY 3: DISABILITY RETIREES &

2 FAMILY MEMBERS; FAMILY MEMBERS OF PER3 SONS DYING ON ACTIVE DUTY.—Category 3 

4 consists of beneficiaries (other than Category 5 

5 beneficiaries) who are— 

6 ‘‘(i) covered by section 1086(c)(1) of 

7 this title by reason of being retired under 

8 chapter 61 of this title or being a depend9 ent of such a member; or 

10 ‘‘(ii) covered by section 1086(c)(2) of 

11 this title. 

12 ‘‘(D) CATEGORY 4: OTHER RETIREES &

13 FAMILY MEMBERS.—Category 4 consists of 

14 beneficiaries covered by section 1086(c) of this 

15 title other than Category 3 beneficiaries and 

16 Category 5 beneficiaries. 

17 ‘‘(E) CATEGORY 5: MEDICARE-ELIGIBLE

18 BENEFICIARIES.—Category 5 consists of bene19 ficiaries who are described in section 

20 1086(d)(2) of this title. 

21 ‘‘(F) CATEGORY 6: MEMBERS OF THE SE22 LECTED RESERVE.—Category 6 consists of 

23 beneficiaries covered by section 1076d of this 

24 title. 


smartinez on DSK4TPTVN1PROD with BILLS
89 

•S 1118 IS

1 ‘‘(2) COST-SHARING GROUPS.—The cost-sharing 

2 groups for purposes of cost-sharing requirements 

3 under the TRICARE program are as follows: 

4 ‘‘(A) GROUP A: JUNIOR ENLISTED BENE5 FICIARIES.—A beneficiary is a Group A bene6 ficiary if the beneficiary is— 

7 ‘‘(i) a Category 2 beneficiary who is a 

8 dependent of a member in pay grade E–1 

9 through E–4; 

10 ‘‘(ii) a Category 6 beneficiary who is 

11 a member of the Selected Reserve of the 

12 Ready Reserve in pay grade E–1 through 

13 E–4 or dependent of such a member; 

14 ‘‘(iii) a Category 3 beneficiary who re15 tired under chapter 61 of this title in pay 

16 grade E–1 through E–4 or who is a de17 pendent of such a member; or 

18 ‘‘(iv) a Category 3 beneficiary who is 

19 covered by section 1086(c)(2) of this title 

20 by reason of being a dependent of a mem21 ber who was in pay grade E–1 through E– 

22 4 at the time of death. 

23 ‘‘(B) GROUP B: SENIOR ENLISTED BENE24 FICIARIES; WARRANT OFFICERS; JUNIOR OFFIVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
90 

•S 1118 IS

1 CERS.—A beneficiary is a Group B beneficiary 

2 if the beneficiary is— 

3 ‘‘(i) a Category 2 beneficiary who is a 

4 dependent of a member in pay grade E–5 

5 through O–3; 

6 ‘‘(ii) a Category 6 beneficiary who is 

7 a member of the Selected Reserve of the 

8 Ready Reserve in pay grade E–5 through 

9 O–3 or dependent of such a member; 

10 ‘‘(iii) a Category 3 beneficiary who re11 tired under chapter 61 of this title in pay 

12 grade E–5 through O–3 or who is a de13 pendent of such a member; or 

14 ‘‘(iv) a Category 3 beneficiary who is 

15 covered by section 1086(c)(2) of this title 

16 by reason of being a dependent of a mem17 ber who was in pay grade E–5 through O– 

18 3 at the time of death. 

19 ‘‘(C) GROUP C: MID-LEVEL AND SENIOR

20 OFFICERS.—A beneficiary is a Group C bene21 ficiary if the beneficiary is— 

22 ‘‘(i) a Category 2 beneficiary who is a 

23 dependent of a member in pay grade O–4 

24 or above; 


smartinez on DSK4TPTVN1PROD with BILLS
91 

•S 1118 IS

1 ‘‘(ii) a Category 6 beneficiary who is 

2 a member of the Selected Reserve of the 

3 Ready Reserve in pay grade O–4 or above 

4 or dependent of such a member; 

5 ‘‘(iii) a Category 3 beneficiary who re6 tired under chapter 61 of this title in pay 

7 grade O–4 or above or who is a dependent 

8 of such a member; or 

9 ‘‘(iv) a Category 3 beneficiary who is 

10 covered by section 1086(c)(2) of this title 

11 by reason of being a dependent of a mem12 ber who was in pay grade O–4 or above at 

13 the time of death. 

14 ‘‘(D) GROUP D: OTHER RETIREES & FAM15 ILY MEMBERS; MEDICARE-ELIGIBLE BENE16 FICIARIES FOR CARE COVERED BY THE

17 TRICARE PROGRAM.—A beneficiary is a Group 

18 D beneficiary if the beneficiary is— 

19 ‘‘(i) a Category 4 beneficiary; or 

20 ‘‘(ii) a Category 5 beneficiary with re21 spect to care not covered by section 

22 1086(d)(3). 

23 ‘‘(3) PRIMARY CARE MANAGER PROGRAM EN24 ROLLMENT STATUS.—The Primary Care Manager 

25 Program enrollment status for purposes of costVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
92 

•S 1118 IS

1 sharing requirements under the TRICARE program 

2 are as follows: 

3 ‘‘(A) PCM-MANAGED.—A beneficiary is a 

4 PCM-Managed beneficiary if the beneficiary is 

5 enrolled in the Primary Care Manager Program 

6 established in accordance with subsection (c). 

7 ‘‘(B) SELF-MANAGED.—A beneficiary is a 

8 Self-Managed beneficiary if the beneficiary is 

9 not enrolled in the Primary Care Manager Pro10 gram and is not a remote area dependent. 

11 ‘‘(4) REMOTE AREA DEPENDENTS.—A bene12 ficiary is a remote area dependent if the beneficiary 

13 is— 

14 ‘‘(A) a dependent of a member of the uni15 formed services referred to in section 

16 1074(c)(3) of this title and is residing with the 

17 member; 

18 ‘‘(B) a dependent of a member who, after 

19 having served in a duty assignment described in 

20 section 1074(c)(3) of this title, has relocated 

21 without the dependent pursuant to orders for a 

22 permanent change of duty station from a re23 mote location described in subparagraph (B)(ii) 

24 of such section where the member and the de25 pendent resided together while the member 


smartinez on DSK4TPTVN1PROD with BILLS
93 

•S 1118 IS

1 served in such assignment, if the orders do not 

2 authorize dependents to accompany the member 

3 to the new duty station at the expense of the 

4 United States and the dependent continues to 

5 reside at the same remote location; 

6 ‘‘(C) a dependent of a reserve component 

7 member ordered to active duty for a period of 

8 more than 30 days and is residing with the 

9 member, and the residence is located more than 

10 50 miles, or approximately one hour of driving 

11 time, from the nearest military medical treat12 ment facility adequate to provide the needed 

13 care; or 

14 ‘‘(D) a dependent other than one described 

15 in subparagraphs (A) through (C) if the Sec16 retary of Defense determines that exceptional 

17 circumstances warrant designation for this pur18 pose. 

19 ‘‘(c) PRIMARY CARE MANAGER PROGRAM.— 

20 ‘‘(1) IN GENERAL.—The Secretary of Defense 

21 may establish a program, to be known as the Pri22 mary Care Manager Program, to provide reduced 

23 cost-sharing amounts for enrolled beneficiaries 

24 whose care is provided by or managed by a des25 ignated primary care manager. 


smartinez on DSK4TPTVN1PROD with BILLS
94 

•S 1118 IS

1 ‘‘(2) ELIGIBILITY.—A Category 2 beneficiary 

2 who is not a remote area dependent is eligible to en3 roll in the Primary Care Manager Program. 

4 ‘‘(3) REFERRAL REQUIRED.—A PCM-Managed 

5 beneficiary shall, subject to such rules and regula6 tions as the Secretary of Defense shall establish, be 

7 required to obtain care or a referral for care from 

8 a designated primary care manager prior to obtain9 ing care under the TRICARE program. 

10 ‘‘(4) POINT OF SERVICE CHARGE.—If a PCM11 Managed beneficiary obtains care without a referral 

12 as required under paragraph (3), the cost-sharing 

13 requirement for such care shall be equal to the 

14 amount that is 50 percent of the allowed charge for 

15 such care. 

16 ‘‘(d) INAPPLICABILITY OF COST-SHARING REQUIRE17 MENTS TO CERTAIN CATEGORIES OF BENEFICIARIES AND

18 TYPES OF CARE.— 

19 ‘‘(1) CATEGORY 1 BENEFICIARIES (ACTIVE

20 DUTY MEMBERS).—There are no cost-sharing re21 quirements under this section for Category 1 bene22 ficiaries. 

23 ‘‘(2) CATEGORY 5 BENEFICIARIES (MEDICARE24 ELIGIBLE BENEFICIARIES).—Cost sharing under this 

25 section does not apply to a Category 5 beneficiary 


smartinez on DSK4TPTVN1PROD with BILLS
95 

•S 1118 IS

1 for care covered by section 1086(d)(3) of this title, 

2 except that the catastrophic cap under subsection 

3 (h)(3) does apply to such care. 

4 ‘‘(3) PCM-MANAGED BENEFICIARIES AND RE5 MOTE AREA DEPENDENTS.—(A) Except as provided 

6 in subparagraph (B) and subsection (c)(4), there are 

7 no out-patient cost-sharing requirements under sub8 section (i) or in-patient cost-sharing requirements 

9 under subsection (j) for PCM-Managed beneficiaries 

10 and remote area dependents. 

11 ‘‘(B) For non-emergency care provided by an 

12 emergency department to PCM-Managed bene13 ficiaries and remote area dependents, the cost-shar14 ing requirements applicable to Self-Managed bene15 ficiaries under subsection (i) apply. 

16 ‘‘(4) EXTENDED HEALTH-CARE SERVICES.— 

17 Cost sharing under this section does not apply to ex18 tended health care services under section 1079(d) 

19 and (e) of this title. 

20 ‘‘(5) OTHER PROGRAMS.—This section does not 

21 apply to premiums established under this chapter 

22 under sections other than 1079 and 1086. For a 

23 program under this chapter for which such a pre24 mium applies, the enrollment fee under subsection 

25 (f) does not apply. 


smartinez on DSK4TPTVN1PROD with BILLS
96 

•S 1118 IS

1 ‘‘(e) SPECIAL RULES.— 

2 ‘‘(1) PHARMACY BENEFITS PROGRAM.—Re3 quired copayments for services under the Pharmacy 

4 Benefits Program are set forth in section 1074g of 

5 this title. The enrollment fee, deductible, and cata6 strophic cap under this section apply to the Phar7 macy Benefits Program under that section. 

8 ‘‘(2) CALENDAR YEAR ENROLLMENT PERIOD.— 

9 Enrollment fees, deductible amounts, and cata10 strophic caps under this section are on a calendar11 year basis. 

12 ‘‘(3) CREDITING OF AMOUNTS RECEIVED.— 

13 Amounts received under this section for care pro14 vided by a facility of the uniformed services shall be 

15 deposited to the credit of the appropriation sup16 porting the maintenance and operation of that facil17 ity. 

18 ‘‘(f) ANNUAL ENROLLMENT FEE FOR CATEGORY 4 

19 BENEFICIARIES (OTHER RETIREES AND FAMILY MEM20 BERS).— 

21 ‘‘(1) REQUIREMENT.—As a condition of eligi22 bility for the TRICARE program in any year (in23 cluding care in facilities of the uniformed services 

24 and pharmacy benefits under section 1074g of this 


smartinez on DSK4TPTVN1PROD with BILLS
97 

•S 1118 IS

1 title), a Category 4 beneficiary shall pay an enroll2 ment fee for that year. 

3 ‘‘(2) AMOUNT.—The amount of such fee for 

4 any year is the baseline amount as adjusted under 

5 subsection (k). The baseline amount is the amount 

6 that would have been charged for enrollment in 

7 TRICARE Prime during fiscal year 2016 under sec8 tion 1097 of this title on the day before the effective 

9 date of this section. 

10 ‘‘(g) ANNUAL DEDUCTIBLE.— 

11 ‘‘(1) REQUIREMENT.—For Group A, B, C, and 

12 D beneficiaries, the cost-sharing requirements appli13 cable under this section include an annual deductible 

14 of the charges for outpatient care received under the 

15 TRICARE program during a year. 

16 ‘‘(2) AMOUNT.—The annual deductible de17 scribed in paragraph (1) is the following: 

18 ‘‘(A) GROUP A.—For a Group A bene19 ficiary, the first $150 (or $300 for a family 

20 group of two or more persons) each year of the 

21 charges for outpatient care provided by out-of22 network providers. 

23 ‘‘(B) GROUP B.—For a Group B bene24 ficiary, the first $300 (or $600 for a family 

25 group of two or more persons) each year for 


smartinez on DSK4TPTVN1PROD with BILLS
98 

•S 1118 IS

1 outpatient care provided by out-of-network pro2 viders. 

3 ‘‘(C) GROUP C.—For a Group C bene4 ficiary, the first $300 (or $600 for a family 

5 group of two or more persons) each year for 

6 outpatient care provided by out-of-network pro7 viders. 

8 ‘‘(D) GROUP D.—For a Group D bene9 ficiary, the first $300 (or $600 for a family 

10 group of two or more persons) each year for 

11 outpatient care provided by out-of-network pro12 viders. 

13 ‘‘(h) CATASTROPHIC CAP.— 

14 ‘‘(1) REQUIREMENT.—The total amount of cost 

15 sharing required to be paid by a beneficiary under 

16 the TRICARE program for a year is limited to a 

17 maximum amount, referred to as a catastrophic cap. 

18 ‘‘(2) EXCLUSIONS.—The following shall not be 

19 counted toward the catastrophic cap: 

20 ‘‘(A) An enrollment fee paid under sub21 section (f). 

22 ‘‘(B) A point-of-service charge under sub23 section (c)(2). 

24 ‘‘(3) AMOUNT.—The catastrophic cap has been 

25 reached for a beneficiary during a year if the total 


smartinez on DSK4TPTVN1PROD with BILLS
99 

•S 1118 IS

1 amount of cost sharing requirements (other than 

2 amounts excluded under paragraph (2)) incurred 

3 under the TRICARE program by all beneficiaries in 

4 the beneficiary’s family group during that year is 

5 the following: 

6 ‘‘(A) For a Category 2, 3 or 6 beneficiary, 

7 $1,500 for health care provided by network pro8 viders or $2,500 for all health care. 

9 ‘‘(B) For Category 4 or 5 beneficiary, 

10 $3,000 for health care provided by military 

11 treatment facilities and network providers or 

12 $5,000 for all health care. 

13 ‘‘(i) OUTPATIENT COST SHARING.— 

14 ‘‘(1) IN GENERAL.—A Group A, B, C, or D 

15 beneficiary shall be subject to cost-sharing for out16 patient care in accordance with the amounts and 

17 percentages under the following table, as such 

18 amounts are adjusted under subsection (k): 


smartinez on DSK4TPTVN1PROD with BILLS
100 

•S 1118 IS

‘‘Services 

TRICARE Network and 

Facilities of the 

Uniformed Services (FUS) Out-of-Network 

Group A/Group B/ 

Group C 

Group D Groups A, 

B, and C 

Group D 

PCM Managed c/ 

Remote 

Area 

Dependent 

SelfManaged 

Clinical 

preventive services a

$0 $0 $0 $0 $0 

Primary 

care visit 

$0/0/0 

FUS; 

$0/0/0 network referral 

$0/0/0 

FUS; 

$10/15/20 

network 

$10 FUS; 

$20 network 

20% b 25% b

Specialty 

care visit 

(including PT, 

OT, 

speech) 

$0/0/0 

FUS or 

network 

BH 

group 

visit; 

$0/0/0 network 

visit 

$0/0/0 

FUS; 

$20/25/30 

network 

$20 FUS 

or network 

BH 

group 

visit; 

$30 network 

20% b 25% b

Urgent 

care center 

$0/0/0 

FUS 

visit; 

$0/0/0 network referral 

$0/0/0 

FUS; 

$25/40/50 

network 

$30 FUS; 

$50 network 

20% b 25% b

Emergency 

department— 

emergency 

care 

$0/0/0 

FUS 

visit; 

$0/0/0 network 

$0/0/0 

FUS; 

$30/50/70 

network 

$50 FUS; 

$75 network 

20% b 25% b

Emergency 

department— 

nonemergency 

care 

$30/50/70 

FUS for 

misuse; 

$30/50/70 

network 

fee for 

misuse 

$30/50/70 

FUS for 

misuse; 

$30/50/70 

network 

$50 FUS; 

$75 network 

20% b 25% b


smartinez on DSK4TPTVN1PROD with BILLS
101 

•S 1118 IS

‘‘Services 

TRICARE Network and 

Facilities of the 

Uniformed Services (FUS) Out-of-Network 

Group A/Group B/ 

Group C 

Group D Groups A, 

B, and C 

Group D 

PCM Managed c/ 

Remote 

Area 

Dependent 

SelfManaged 

Ambulance 

regardless of 

destination 

(FUS or 

network 

$0/0/0 trip $10/15/20 

trip 

$20 trip 20% b 25% b

DME, 

prosthetics, 

orthotics, 

and supplies 

$0/0/0 

FUS; 

$0/0/0 network referral 

10% of 

negotiated 

network 

fee 

20% of 

FUS 

cost or 

network 

negotiated 

fee 

20% b 25% b

Ambulatory 

surgery 

$0/0/0 

FUS; 

$0/0/0 network referral 

$0/0/0 

FUS; 

$25/50/75 

network 

$50 FUS; 

$100 network 

20% b 25% b

a No cost for clinical preventive services as determined by the Secretary consistent with criteria applicable under the Patient Protection and Affordable Care 

Act (Public Law 111–148), as amended. bPercentage of TRICARE maximum allowable charge after deductible is met.

c If a PCM managed beneficiary obtains care without a referral, Point of 

Service charges will apply: 50% of the allowed charge after deductible is met. 

Note: PT—physical therapy; OT—occupational therapy; BH—behavioral 

health; DME—durable medical equipment. 

1 ‘‘(2) APPLICABILITY OF DEDUCTIBLE.—The 

2 cost sharing amounts specified in the table under 

3 paragraph (1) shall apply only after any applicable 

4 deductible under subsection (g) has been met. 

5 ‘‘(3) EMERGENCY ROOM MISUSE.—For pur6 poses of the table under paragraph (1), the Sec7 retary of Defense shall develop guidance for deterVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
102 

•S 1118 IS

1 mining emergency room care is clearly inappropriate 

2 under the TRICARE program. The Secretary will 

3 establish procedures to provide information to bene4 ficiaries about the appropriate sites for such health 

5 conditions and services. The Secretary will ensure 

6 the availability of, and wide dissemination of infor7 mation concerning, means (such as a nurse advice 

8 line and other methods) for beneficiaries with uncer9 tainty about the appropriate site for care in specific 

10 cases to obtain guidance. In any case in which a 

11 beneficiary has a reasonable belief, taking into ac12 count the beneficiary’s (or in the case of a minor, 

13 the parent or guardians) level of maturity and un14 derstanding, that the circumstances presented a 

15 medical emergency, the care provided will not be 

16 considered emergency room misuse. 

17 ‘‘(j) INPATIENT COST-SHARING.—A Group A, B, C, 

18 or D beneficiary shall be subject to cost sharing for inpa19 tient care in accordance with the amounts and percentages 

20 under the following table, as such amounts are adjusted 

21 under subsection (k): 


smartinez on DSK4TPTVN1PROD with BILLS
103 

•S 1118 IS

‘‘Services 

TRICARE Network and 

Facility of the Uniformed Services 

(FUS) 

Out-of-Network 

Group A/Group B/ 

Group C 

Group D Group A/ 

Group B/ 

Group C 

Group D 

PCM 

Managed/ 

Remote 

Area Dependents 

SelfManaged 

Hospitalization $0 FUS; 

$0 network 

referred 

$0 FUS 

per day; 

$50/80/ 

110 per 

day network 

$17.35 

FUS 

per day; 

$200 network 

per admission 

20% a 25% a

Inpatient 

skilled 

nursing/ 

rehabilitation b

$0 network 

referred 

$17/25/35 

network 

per day 

$25 per 

day 

$25/35/45 

per day 

$250 per day 

or 20% a of 

billed 

charges for 

institutional 

services, 

whichever is 

less, plus 

20% for 

separately 

billed services 

aPercentage of TRICARE maximum allowable charge after deductible is met. 

b Inpatient skilled nursing/rehabilitation is generally not offered in MTFs for 

anyone other than servicemembers. 

1 ‘‘(k) ANNUAL ADJUSTMENT TO CERTAIN COST2 SHARING AMOUNTS.— 

3 ‘‘(1) ADJUSTMENT.—For any year after 2017, 

4 the dollar amounts specified in paragraph (2) shall 

5 be equal to such dollar amounts increased by the 

6 percentage by which retired pay has been increased 

7 under section 1401a(b)(2) of this title since 2017, 

8 rounded to the next lower multiple of $1. 


smartinez on DSK4TPTVN1PROD with BILLS
104 

•S 1118 IS

1 ‘‘(2) AMOUNTS SUBJECT TO ADJUSTMENT.— 

2 Paragraph (1) applies to the following: 

3 ‘‘(A) The amount of the enrollment fee in 

4 effect under subsection (f). 

5 ‘‘(B) Each deductible amount in effect 

6 under subsection (g). 

7 ‘‘(C) Each catastrophic cap amount in ef8 fect under subsection (h). 

9 ‘‘(D) Each amount in effect under sub10 section (i) for outpatient care. 

11 ‘‘(E) Each amount in effect under sub12 section (j) for inpatient care. 

13 ‘‘(l) REGULATIONS.— 

14 ‘‘(1) IN GENERAL.—The Secretary of Defense, 

15 after consultation with the other administering Sec16 retaries, shall prescribe regulations to carry out this 

17 section. 

18 ‘‘(2) MATTERS TO BE INCLUDED.—The regula19 tions prescribed under paragraph (1) shall include 

20 the following: 

21 ‘‘(A) Provisions to ensure, to the extent 

22 practicable, the availability of network providers 

23 to at least 85 percent of beneficiaries for whom 

24 the TRICARE program provides primary health 

25 benefits. 


smartinez on DSK4TPTVN1PROD with BILLS
105 

•S 1118 IS

1 ‘‘(B) Provisions for an annual open season 

2 enrollment period and for enrollment modifica3 tions under appropriate circumstances. 

4 ‘‘(C) Priorities for access to care in facili5 ties of the uniformed services and other stand6 ards to ensure timely access to care. 

7 ‘‘(3) ADDITIONAL MATTERS.—Those regula8 tions may provide for TRICARE eligibility and al9 ternate cost sharing for beneficiaries other than Cat10 egory 1 beneficiaries who have other health insur11 ance that provides primary health benefits. 

12 ‘‘(4) AUTHORITY FOR ADDITIONAL PROVISIONS

13 FOR EFFECTIVE AND EFFICIENT ADMINISTRA14 TION.—Those regulations may include such other 

15 provisions as the Secretary determines appropriate 

16 for the effective and efficient administration of the 

17 TRICARE program, including any matter not spe18 cifically addressed in this chapter or any other law. 

19 ‘‘(m) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘network provider’ means a 

21 health care provider referred to in section 

22 1073c(b)(2) of this title. 

23 ‘‘(2) The term ‘out-of-network provider’ means 

24 a health care provider referred to in section 

25 1073c(b)(3) of this title.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
106 

•S 1118 IS

1 (c) TRANSITION RULES FOR LAST QUARTER OF CAL2 ENDAR YEAR 2016.—With respect to cost sharing require3 ments applicable under sections 1079, 1086, or 1097 of 

4 title 10, United States Code, to a covered beneficiary 

5 under such sections during the period October 1, 2016, 

6 through December 31, 2016: 

7 (1) Any enrollment fee shall be one-fourth of 

8 the amount in effect during fiscal year 2016. 

9 (2) Any deductible amount applicable during 

10 fiscal year 2016 shall apply for the 15-month period 

11 of October 1, 2015, through December 31, 2016. 

12 (3) Any catastrophic cap applicable during fis13 cal year 2016 shall apply for the 15-month period of 

14 October 1, 2015, through December 31, 2016. 

15 (d) REPEAL OF SUPERSEDED AUTHORITIES.—The 

16 following provisions of law are repealed: 

17 (1) Section 1078 of title 10, United States 

18 Code. 

19 (2) Section 1097a of title 10, United States 

20 Code. 

21 (3) Section 1099 of title 10, United States 

22 Code. 

23 (4) Section 731 of the National Defense Au24 thorization Act for Fiscal Year 1994 (Public Law 

25 103–160; 10 U.S.C. 1073 note). 


smartinez on DSK4TPTVN1PROD with BILLS
107 

•S 1118 IS

1 (e) CONFORMING AMENDMENTS TO TITLE 10, 

2 UNITED STATES CODE.—Title 10, United States Code is 

3 amended as follows: 

4 (1) Section 1072 is amended by striking para5 graph (7) and inserting the following: 

6 ‘‘(7) The term ‘TRICARE program’ means the 

7 various programs carried out by the Secretary of 

8 Defense under this chapter and any other provision 

9 of law providing for the furnishing of medical and 

10 dental care and health benefits to members and 

11 former members of the uniformed services and their 

12 dependents.’’. 

13 (2) Section 1074(c)(2) is amended by striking 

14 ‘‘the managed care option of the TRICARE program 

15 known as TRICARE Prime’’ and inserting ‘‘the 

16 TRICARE program’’. 

17 (3) Section 1076d is amended— 

18 (A) by striking ‘‘TRICARE Standard’’ 

19 each place it appears (including in the heading 

20 of such section) and inserting ‘‘TRICARE Re21 serve Select’’, and 

22 (B) in clause (f)(2)(B), by striking ‘‘sub23 ject to the same rates and conditions as apply 

24 to persons covered under that section’’ and sub25 stituting ‘‘subject to the same scope of benefits 


smartinez on DSK4TPTVN1PROD with BILLS
108 

•S 1118 IS

1 as apply to persons covered under that section 

2 and cost sharing requirements as provided in 

3 section 1075 of this title’’. 

4 (4) Section 1076e is amended by striking 

5 ‘‘TRICARE Standard’’ each place it appears (in6 cluding in the heading of such section) and inserting 

7 ‘‘TRICARE Retired Reserve’’. 

8 (5) Section 1076e is further amended by strik9 ing ‘‘TRICARE Retired Reserve Coverage at age 

10 60’’ (as inserted by paragraph (4)) and inserting 

11 ‘‘TRICARE coverage at age 60’’. 

12 (6) Section 1079 is amended— 

13 (A) in subsection (b), by striking ‘‘of the 

14 following amounts:’’ and all that follows and in15 serting ‘‘of amounts as provided under section 

16 1075 of this title.’’; and 

17 (B) by striking subsections (c), (g), and 

18 (p). 

19 (7) Section 1079a is amended— 

20 (A) by striking ‘‘CHAMPUS’’ in the head21 ing and inserting ‘‘TRICARE PROGRAM’’; and 

22 (B) by striking ‘‘the Civilian Health and 

23 Medical Program of the Uniformed Services’’ 

24 and inserting ‘‘the TRICARE program’’. 


smartinez on DSK4TPTVN1PROD with BILLS
109 

•S 1118 IS

1 (8) Section 1086(b) is amended by striking 

2 ‘‘contain the following’’ and all that follows and in3 serting ‘‘include provisions for payment by the pa4 tient as provided under section 1075 of this title.’’. 

5 (9) Section 1097(e) is amended to read as fol6 lows: 

7 ‘‘(e) CHARGES FOR HEALTH CARE.—Section 1075 of 

8 this title applies to health care services under this sec9 tion.’’. 

10 (f) OTHER CONFORMING AMENDMENTS.— 

11 (1) Section 721 of the National Defense Au12 thorization Act for Fiscal Year 1997 (Public Law 

13 104–201; 10 U.S.C. 1073 note) is amended— 

14 (A) in paragraph (7), by striking ‘‘the 

15 health plan known as the ‘TRICARE PRIME’ 

16 option under’’; and 

17 (B) in paragraph (9), by striking all that 

18 follows ‘‘The term ‘TRICARE program’ ’’ and 

19 inserting ‘‘has the meaning given that term in 

20 section 1072(7) of title 10, United States 

21 Code.’’. 

22 (2) Section 723(a) of such Act (Public Law 

23 104–201; 10 U.S.C. 1073 note) is amended by strik24 ing ‘‘section 731 of the National Defense Authoriza25 tion Act for Fiscal Year 1994 (Public Law 103–160; 


smartinez on DSK4TPTVN1PROD with BILLS
110 

•S 1118 IS

1 10 U.S.C. 1073 note)’’ and inserting ‘‘section 1075 

2 of title 10, United States Code’’. 

3 (3) Section 706 of the National Defense Au4 thorization Act for Fiscal Year 2000 (Public Law 

5 106–65; 113 Stat. 684) is amended— 

6 (A) in subsection (c), by striking ‘‘Prime 

7 Remote’’; and 

8 (B) in subsection (d), by striking ‘‘the 

9 TRICARE Standard plan’’ and inserting ‘‘the 

10 TRICARE program’’. 

11 (g) CLERICAL AMENDMENTS.—The table of sections 

12 at the beginning of chapter 55 of title 10, United States 

13 Code, is amended— 

14 (1) by inserting after the item relating to sec15 tion 1073b the following new item: 

‘‘1073c. TRICARE program: freedom of choice for points of service.’’; 

16 (2) by inserting after the item relating to sec17 tion 1074n the following new item: 

‘‘1075. TRICARE program: cost-sharing requirements.’’; 

18 (3) in the item relating to section 1076d, by 

19 striking ‘‘TRICARE Standard’’ and inserting 

20 ‘‘TRICARE Reserve Select’’; 

21 (4) in the item relating to section 1076e, by 

22 striking ‘‘TRICARE Standard’’ and inserting 

23 ‘‘TRICARE Retired Reserve’’; 


smartinez on DSK4TPTVN1PROD with BILLS
111 

•S 1118 IS

1 (5) in the item relating to section 1079a, by 

2 striking ‘‘CHAMPUS’’ and inserting ‘‘TRICARE 

3 program’’; and 

4 (6) by striking the items relating to sections 

5 1078, 1097a, and 1099. 

6 (h) EFFECTIVE DATES.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), this section and the amendments made by 

9 the section shall take effect on January 1, 2017. 

10 (2) TRANSITION RULES.—Subsection (c) shall 

11 take effect on October 1, 2016. 

12 SEC. 702. REVISIONS TO COST-SHARING REQUIREMENTS 

13 FOR TRICARE FOR LIFE AND THE PHARMACY 

14 BENEFITS PROGRAM. 

15 (a) TRICARE FOR LIFE ENROLLMENT FEE.— 

16 (1) ANNUAL ENROLLMENT FEE FOR CERTAIN

17 BENEFICIARIES.—Section 1086(d)(3) of title 10, 

18 United States Code, is amended— 

19 (A) by redesignating subparagraph (C) as 

20 subparagraph (D); and 

21 (B) by inserting after subparagraph (B) 

22 the following new subparagraph (C): 

23 ‘‘(C)(i) A person described in paragraph (2) (except 

24 as provided in clauses (vi) and (vii)) shall be required to 

25 pay an annual enrollment fee as a condition of eligibility 


smartinez on DSK4TPTVN1PROD with BILLS
112 

•S 1118 IS

1 for health care benefits under this section. Such enroll2 ment fee shall be an amount (rounded to the nearest dol3 lar) equal to the applicable percentage (specified in clause 

4 (ii)) of the annual retired pay of the member or former 

5 member upon whom the covered beneficiary’s eligibility is 

6 based, except that the amount of such enrollment fee shall 

7 not be in excess of the applicable maximum enrollment fee 

8 (specified in clause (iii)). In the case of enrollment for a 

9 period less than a full calendar year, the enrollment fee 

10 shall be a pro-rated amount of the full-year enrollment fee. 

11 ‘‘(ii) The applicable percentage of retired pay shall 

12 be determined in accordance with the following table: 

‘‘For: 

The applicable 

percentage for 

a family group of 

two or more 

persons is: 

The applicable 

percentage for 

an individual is: 

2016 ....................................... 0.50% 0.25%

2017 ....................................... 1.00% 0.50%

2018 ....................................... 1.50% 0.75%

2019 and after ....................... 2.00% 1.00%. 

13 ‘‘(iii) For any year 2016 through 2019, the applicable 

14 maximum enrollment fee for a family group of two or more 

15 persons shall be determined in accordance with the fol16 lowing table: 


smartinez on DSK4TPTVN1PROD with BILLS
113 

•S 1118 IS

‘‘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 ....................................... $200 $150

2017 ....................................... $400 $300

2018 ....................................... $600 $450

2019 ....................................... $800 $600. 

1 ‘‘(iv) For any year after 2019, the applicable max2 imum enrollment fee shall be equal to the maximum en3 rollment fee for the previous year increased by the per4 centage by which retired pay is increased under section 

5 1401a(b)(2) of this title for such year. 

6 ‘‘(v) The applicable maximum enrollment fee for an 

7 individual shall be one-half the corresponding maximum 

8 fee for a family group of two or more persons (as deter9 mined under clauses (iii) and (iv)). 

10 ‘‘(vi) Clause (i) does not apply to— 

11 ‘‘(I) a dependent of a member of the uniformed 

12 services who dies while on active duty; 

13 ‘‘(II) a member retired under chapter 61 of this 

14 title; or 

15 ‘‘(III) a dependent of such a member. 

16 ‘‘(vii) Clause (i) does not apply to a person who, be17 fore January 1, 2016, met the conditions described in 

18 paragraphs (2) (A) and (B).’’. 


smartinez on DSK4TPTVN1PROD with BILLS
114 

•S 1118 IS

1 (2) EFFECTIVE DATE.—Subparagraph (C) of 

2 section 1086(d)(3) of title 10, United States Code, 

3 as added by paragraph (1), shall take effect on Jan4 uary 1, 2016. 

5 (b) TRICARE PHARMACY PROGRAM COST-SHARING

6 AMOUNTS.—Paragraph (6) of section 1074g(a) of such 

7 title is amended to read as follows: 

8 ‘‘(6)(A) In the case of any of the calendar years 2016 

9 through 2024 the cost sharing referred to in paragraph 

10 (5) shall be payment by an eligible covered beneficiary of 

11 amounts determined in accordance with the following 

12 table: 

‘‘For: 

The cost 

sharing 

amount 

for a 

30-day 

supply of 

a retail 

generic is: 

The cost 

sharing 

amount 

for a 

30-day 

supply of 

a retail 

formulary 

is: 

The cost 

sharing 

amount 

for a 

90-day 

supply of 

a mail 

order 

generic is: 

The cost 

sharing 

amount 

for a 

90-day 

supply of 

a mail 

order 

formulary 

is: 

The cost 

amount 

for a 

90-day 

supply of 

a mail 

order 

non-formulary is: 

2016 $8 $28 $0 $28 $54

2017 $8 $30 $0 $30 $58

2018 $8 $32 $0 $32 $62

2019 $9 $34 $9 $34 $66

2020 $10 $36 $10 $36 $70

2021 $11 $38 $11 $38 $75

2022 $12 $40 $12 $40 $80

2023 $13 $43 $13 $43 $85

2024 $14 $45 $14 $45 $90. 


smartinez on DSK4TPTVN1PROD with BILLS
115 

•S 1118 IS

1 ‘‘(B) For any year after 2024, the cost sharing re2 ferred to in paragraph (5) shall be payment by an eligible 

3 covered beneficiary of amounts equal to the cost-sharing 

4 amounts for the previous year, adjusted by an amount, 

5 if any, as determined by the Secretary to reflect changes 

6 in the costs of pharmaceutical agents and prescription dis7 pensing, rounded to the nearest dollar. 

8 ‘‘(C) Notwithstanding subparagraphs (A) and (B), 

9 the cost-sharing amounts referred to in paragraph (5) for 

10 any year after 2015 shall be the cost-sharing amounts, 

11 if any, under this section as of January 1, 2015, in the 

12 case of— 

13 ‘‘(i) a dependent of a member of the uniformed 

14 services who dies while on active duty; 

15 ‘‘(ii) a member retired under chapter 61 of this 

16 title; or 

17 ‘‘(iii) a dependent of such a member.’’. 

18 (c) AUTHORITY TO ADJUST PAYMENTS INTO THE

19 MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND.— 

20 Section 1116 of such title is amended— 

21 (1) in subsection (a)(1), by striking ‘‘subsection 

22 (c), which’’ and inserting ‘‘subsection (c)(1), which 

23 (together with any amount paid into the Fund under 

24 subsection (c)(4))’’; and 

25 (2) in subsection (c)— 


smartinez on DSK4TPTVN1PROD with BILLS
116 

•S 1118 IS

1 (A) by striking ‘‘The Secretary’’ and in2 serting ‘‘(1) Except as provided in paragraph 

3 (2), the Secretary’’; and 

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

5 paragraphs: 

6 ‘‘(2) If for any fiscal year the Secretary of Defense 

7 determines at the beginning of that fiscal year that the 

8 amount that would otherwise be required to be certified 

9 under paragraph (1) for that fiscal year would not be ac10 curate if there were to be enacted during the current ses11 sion of Congress a significant change in law requested in 

12 the Budget of the President for that fiscal year that upon 

13 enactment would reduce the amount otherwise required to 

14 be certified under paragraph (1) for that fiscal year, the 

15 Secretary may certify to the Secretary of the Treasury 

16 under paragraph (1) a reduced amount for that fiscal year 

17 taking into consideration the amount of the reduction for 

18 that fiscal year that would occur upon enactment of such 

19 change in law. 

20 ‘‘(3) Not later than 120 days after the beginning of 

21 a fiscal year for which a certification under paragraph (1) 

22 is submitted pursuant to paragraph (2), the Secretary of 

23 Defense— 

24 ‘‘(A) shall notify the Secretary of the Treasury 

25 whether since the beginning of the fiscal year a sigVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
117 

•S 1118 IS

1 nificant change in law has been enacted which if in 

2 effect at the beginning of the fiscal year would have 

3 resulted in a revised amount certified under para4 graph (1) without regard to paragraph (2); and 

5 ‘‘(B) based upon any such change in law since 

6 the beginning of the fiscal year, shall certify a final 

7 amount for the fiscal year. 

8 ‘‘(4) If a final amount certified under paragraph (3) 

9 for any fiscal year is greater than the amount certified 

10 pursuant to paragraph (2) for that fiscal year, the Sec11 retary of the Treasury shall promptly pay into the Fund 

12 from the General Fund of the Treasury the difference be13 tween those amounts.’’. 

14 Subtitle B—Health Care 

15 Administration 

16 SEC. 711. LIMITATION ON CONVERSION OF MILITARY MED17 ICAL AND DENTAL POSITIONS TO CIVILIAN 

18 MEDICAL AND DENTAL POSITIONS. 

19 (a) LIMITED AUTHORITY FOR CONVERSION.—Chap20 ter 49 of title 10, United States Code, is amended by add21 ing after section 976 the following new section: 


smartinez on DSK4TPTVN1PROD with BILLS
118 

•S 1118 IS

1 ‘‘§ 977. Limitation on conversion of military medical 

2 and dental positions to civilian medical 

3 and dental positions 

4 ‘‘(a) REQUIREMENTS RELATING TO CONVERSION.— 

5 A military medical or dental position within the Depart6 ment of Defense may not be converted to a civilian medical 

7 or dental position unless the Secretary of Defense deter8 mines— 

9 ‘‘(1) that the position is not a military essential 

10 position; 

11 ‘‘(2) that conversion of the position would not 

12 result in the degradation of medical care or the med13 ical readiness of the armed forces; and 

14 ‘‘(3) that converting the position to a civilian 

15 medical or dental position is more cost effective than 

16 retaining the position as a military medical or dental 

17 position, consistent with Department of Defense In18 struction 7041.04. 

19 ‘‘(b) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘military medical or dental posi21 tion’ means a position for the performance of health 

22 care functions within the armed forces held by a 

23 member of the armed forces. 

24 ‘‘(2) The term ‘civilian medical or dental posi25 tion’ means a position for the performance of health 

26 care functions within the Department of Defense 


smartinez on DSK4TPTVN1PROD with BILLS
119 

•S 1118 IS

1 held by an employee of the Department or of a con2 tractor of the Department. 

3 ‘‘(3) The term ‘military essential’ means, with 

4 respect to a position, that the position must be held 

5 by a member of the armed forces, as determined in 

6 accordance with regulations prescribed by the Sec7 retary. 

8 ‘‘(4) The term ‘conversion’, with respect to a 

9 military medical or dental position, means a change 

10 of the position to a civilian medical or dental posi11 tion, effective as of the date of the manning author12 ization document of the military department making 

13 the change (through a change in designation from 

14 military to civilian in the document, the elimination 

15 of the listing of the position as a military position 

16 in the document, or through any other means indi17 cating the change in the document or otherwise).’’. 

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

19 at the beginning of such chapter is amended by inserting 

20 after the item relating to section 576, the following new 

21 item: 

‘‘977. Limitation on conversion of military medical and dental positions to civilian medical and dental positions.’’. 

22 (c) REPEAL OF PROHIBITION.—Section 721 of the 

23 National Defense Authorization Act for Fiscal Year 2008 

24 (Public Law 110–181; 10 U.S.C. 129c note) is repealed. 


smartinez on DSK4TPTVN1PROD with BILLS
120 

•S 1118 IS

1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

5 Subtitle A—Acquisition Policy and 

6 Management 

7 SEC. 801. PROGRAM FRAUD CIVIL REMEDIES STATUTE FOR 

8 THE DEPARTMENT OF DEFENSE AND THE NA9 TIONAL AERONAUTICS AND SPACE ADMINIS10 TRATION. 

11 (a) PURPOSE.—The purpose of this section is to pro12 vide the Secretary of Defense and the Administrator of 

13 the National Aeronautics and Space Administration with 

14 an effective administrative remedy to obtain recompense 

15 for the Department of Defense and the National Aero16 nautics and Space Administration for losses resulting from 

17 the submission to the Department or the Administration, 

18 respectively, of false, fictitious, or fraudulent claims and 

19 statements. 

20 (b) PROGRAM FRAUD CIVIL REMEDIES.— 

21 (1) IN GENERAL.—Chapter IV of subtitle A of 

22 title 10, United States Code, is amended by insert23 ing after chapter 163 the following new chapter: 


smartinez on DSK4TPTVN1PROD with BILLS
121 

•S 1118 IS

1 ‘‘CHAPTER 164—ADMINISTRATIVE REM2 EDIES FOR FALSE CLAIMS AND STATE3 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. 

4 ‘‘§ 2751. Applicability of chapter; definitions 

5 ‘‘(a) APPLICABILITY OF CHAPTER.—This chapter ap6 plies to the following agencies: 

7 ‘‘(1) The Department of Defense. 

8 ‘‘(2) The National Aeronautics and Space Ad9 ministration. 

10 ‘‘(b) DEFINITIONS.—In this chapter: 

11 ‘‘(1) HEAD OF AN AGENCY.—The term ‘head of 

12 an agency’ means the Secretary of Defense and the 

13 Administrator of the National Aeronautics and 

14 Space Administration. 

15 ‘‘(2) CLAIM.—The term ‘claim’ means any re16 quest, demand, or submission— 

17 ‘‘(A) made to the head of an agency for 

18 property, services, or money (including money 

19 representing grants, loans, insurance, or bene20 fits); 


smartinez on DSK4TPTVN1PROD with BILLS
122 

•S 1118 IS

1 ‘‘(B) made to a recipient of property, serv2 ices, or money received directly or indirectly 

3 from the head of an agency or to a party to a 

4 contract with the head of an agency— 

5 ‘‘(i) for property or services if the 

6 United States— 

7 ‘‘(I) provided such property or 

8 services; 

9 ‘‘(II) provided any portion of the 

10 funds for the purchase of such prop11 erty or services; or 

12 ‘‘(III) will reimburse such recipi13 ent or party for the purchase of such 

14 property or services; or 

15 ‘‘(ii) for the payment of money (in16 cluding money representing grants, loans, 

17 insurance, or benefits) if the United 

18 States— 

19 ‘‘(I) provided any portion of the 

20 money requested or demanded; or 

21 ‘‘(II) will reimburse such recipi22 ent or party for any portion of the 

23 money paid on such request or de24 mand; or 


smartinez on DSK4TPTVN1PROD with BILLS
123 

•S 1118 IS

1 ‘‘(C) made to the head of an agency which 

2 has the effect of decreasing an obligation to pay 

3 or account for property, services, or money. 

4 ‘‘(3) KNOWS OR HAS REASON TO KNOW.—The 

5 term ‘knows or has reason to know’, for purposes of 

6 establishing liability under section 2752 of this title, 

7 means that a person, with respect to a claim or 

8 statement— 

9 ‘‘(A) has actual knowledge that the claim 

10 or statement is false, fictitious, or fraudulent; 

11 ‘‘(B) acts in deliberate ignorance of the 

12 truth or falsity of the claim or statement; or 

13 ‘‘(C) acts in reckless disregard of the truth 

14 or falsity of the claim or statement, and no 

15 proof of specific intent to defraud is required. 

16 ‘‘(4) RESPONSIBLE OFFICIAL.—The term ‘re17 sponsible official’ means a designated debarring and 

18 suspending official of the agency named in sub19 section (a). 

20 ‘‘(5) RESPONDENT.—The term ‘respondent’ 

21 means a person who has received notice from a re22 sponsible official asserting liability under section 

23 2752 of this title. 

24 ‘‘(6) STATEMENT.—The term ‘statement’ 

25 means any representation, certification, affirmation, 


smartinez on DSK4TPTVN1PROD with BILLS
124 

•S 1118 IS

1 document, record, or an accounting or bookkeeping 

2 entry made— 

3 ‘‘(A) with respect to a claim or to obtain 

4 the approval or payment of a claim (including 

5 relating to eligibility to make a claim); or 

6 ‘‘(B) with respect to (including relating to 

7 eligibility for)— 

8 ‘‘(i) a contract with, or a bid or pro9 posal for a contract with the head of an 

10 agency; or 

11 ‘‘(ii) a grant, loan, or benefit from the 

12 head of an agency. 

13 ‘‘(c) CLAIMS.—For purposes of paragraph (2) of sub14 section (b)— 

15 ‘‘(1) each voucher, invoice, claim form, or other 

16 individual request or demand for property, services, 

17 or money constitutes a separate claim; 

18 ‘‘(2) each claim for property, services, or money 

19 is subject to this chapter regardless of whether such 

20 property, services, or money is actually delivered or 

21 paid; and 

22 ‘‘(3) a claim shall be considered made, pre23 sented, or submitted to the head of an agency, re24 cipient, or party when such claim is actually made 

25 to an agent, fiscal intermediary, or other entity actVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
125 

•S 1118 IS

1 ing for or on behalf of such authority, recipient, or 

2 party. 

3 ‘‘(d) STATEMENTS.—For purposes of paragraph (6) 

4 of subsection (b)— 

5 ‘‘(1) each written representation, certification, 

6 or affirmation constitutes a separate statement; and 

7 ‘‘(2) a statement shall be considered made, pre8 sented, or submitted to the head of an agency when 

9 such statement is actually made to an agent, fiscal 

10 intermediary, or other entity acting for or on behalf 

11 of such authority. 

12 ‘‘§ 2752. False claims and statements; liability 

13 ‘‘(a) FALSE CLAIMS.—Any person who makes, pre14 sents, or submits, or causes to be made, presented, or sub15 mitted, to the head of an agency a claim that the person 

16 knows or has reason to know— 

17 ‘‘(1) is false, fictitious, or fraudulent; 

18 ‘‘(2) includes or is supported by any written 

19 statement which asserts a material fact this is false, 

20 fictitious, or fraudulent; 

21 ‘‘(3) includes or is supported by any written 

22 statement that— 

23 ‘‘(A) omits a material fact; 

24 ‘‘(B) is false, fictitious, or fraudulent as a 

25 result of such omission; and 


smartinez on DSK4TPTVN1PROD with BILLS
126 

•S 1118 IS

1 ‘‘(C) the person making, presenting, or 

2 submitting such statement has a duty to in3 clude such material fact; or 

4 ‘‘(4) is for payment for the provision of prop5 erty or services which the person has not provided 

6 as claimed, 

7 shall, in addition to any other remedy that may be pre8 scribed by law, be subject to a civil penalty of not more 

9 than $5,000 for each such claim. Such person shall also 

10 be subject to an assessment of not more than twice the 

11 amount of such claim, or the portion of such claim which 

12 is determined by the responsible official to be in violation 

13 of the preceding sentence. 

14 ‘‘(b) FALSE STATEMENTS.—Any person who makes, 

15 presents, submits, or causes to be made, presented, or sub16 mitted, a written statement in conjunction with a procure17 ment program or acquisition of an agency named in sec18 tion 2751(a) of this title that— 

19 ‘‘(1) the person knows or has reason to know— 

20 ‘‘(A) asserts a material fact that is false, 

21 fictitious, or fraudulent; or 

22 ‘‘(B)(i) omits a material fact; and 

23 ‘‘(ii) is false, fictitious, or fraudulent as a 

24 result of such omission; 


smartinez on DSK4TPTVN1PROD with BILLS
127 

•S 1118 IS

1 ‘‘(2) in the case of a statement described in 

2 subparagraph (B) of paragraph (1), is a statement 

3 in which the person making, presenting, or submit4 ting such statement has a duty to include such ma5 terial fact; and 

6 ‘‘(3) contains or is accompanied by an express 

7 certification or affirmation of the truthfulness and 

8 accuracy of the contents of the statement, 

9 shall be subject to, in addition to any other remedy that 

10 may be prescribed by law, a civil penalty of not more than 

11 $5,000 for each such statement. 

12 ‘‘§ 2753. Hearing and determinations 

13 ‘‘(a) TRANSMITTAL OF NOTICE TO ATTORNEY GEN14 ERAL.—If a responsible official determines that there is 

15 adequate evidence to believe that a person is liable under 

16 section 2752 of this title, the responsible official shall 

17 transmit to the Attorney General, or any other officer or 

18 employee of the Department of Justice designated by the 

19 Attorney General, a written notice of the intention of such 

20 official to initiate an action under this section. The notice 

21 shall include the following: 

22 ‘‘(1) A statement of the reasons for initiating 

23 an action under this section. 

24 ‘‘(2) A statement specifying the evidence which 

25 supports liability under section 2752 of this title. 


smartinez on DSK4TPTVN1PROD with BILLS
128 

•S 1118 IS

1 ‘‘(3) A description of the claims or statements 

2 for which liability under section 2752 of this title is 

3 alleged. 

4 ‘‘(4) An estimate of the penalties and assess5 ments that will be demanded under section 2752 of 

6 this title. 

7 ‘‘(5) A statement of any exculpatory or miti8 gating circumstances which may relate to such 

9 claims or statements. 

10 ‘‘(b) STATEMENT FROM ATTORNEY GENERAL.— 

11 ‘‘(1) Within 90 days after receipt of a notice 

12 from a responsible official under subsection (a), the 

13 Attorney General, or any other officer or employee 

14 of the Department of Justice designated by the At15 torney General, shall transmit a written statement 

16 to the responsible official which specifies— 

17 ‘‘(A) that the Attorney General, or any 

18 other officer or employee of the Department of 

19 Justice designated by the Attorney General, ap20 proves or disapproves initiating an action under 

21 this section based on the allegations of liability 

22 stated in such notice; and 

23 ‘‘(B) in any case in which the initiation of 

24 an action under this section is disapproved, the 

25 reasons for such disapproval. 


smartinez on DSK4TPTVN1PROD with BILLS
129 

•S 1118 IS

1 ‘‘(2) If at any time after the initiation of an ac2 tion under this section the Attorney General, or any 

3 other officer or employee of the Department of Jus4 tice designated by the Attorney General, transmits 

5 to a responsible official a written determination that 

6 the continuation of any action under this section 

7 may adversely affect any pending or potential crimi8 nal or civil action, such action shall be immediately 

9 stayed and may be resumed only upon written au10 thorization from the Attorney General, or any other 

11 officer or employee of the Department of Justice 

12 designated by the Attorney General. 

13 ‘‘(c) LIMITATION ON AMOUNT OF CLAIM THAT MAY

14 BE PURSUED UNDER THIS SECTION.—No action shall be 

15 initiated under this section, nor shall any assessment be 

16 imposed under this section, if the total amount of the 

17 claim determined by the responsible official to violate sec18 tion 2752(a) of this title exceeds $500,000. The $500,000 

19 threshold does not include penalties or any assessment 

20 permitted under 2752(a) of this title greater than the 

21 amount of the claim determined by the responsible official 

22 to violate such section. 

23 ‘‘(d) PROCEDURES FOR RESOLVING CLAIMS.—(1) 

24 Upon receiving approval under subsection (b) to initiate 

25 an action under this section, the responsible official shall 


smartinez on DSK4TPTVN1PROD with BILLS
130 

•S 1118 IS

1 mail, by registered or certified mail, or other similar com2 mercial means, or shall deliver, a notice to the person al3 leged to be liable under section 2752 of this title. Such 

4 notice shall specify the allegations of liability against such 

5 person, specify the total amount of penalties and assess6 ments sought by the United States, advise the person of 

7 the opportunity to submit facts and arguments in opposi8 tion to the allegations set forth in the notice, advise the 

9 person of the opportunity to submit offers of settlement 

10 or proposals of adjustment, and advise the person of the 

11 procedures of the agency named in section 2751(a) of this 

12 title governing the resolution of actions initiated under 

13 this section. 

14 ‘‘(2) Within 30 days after receiving a notice under 

15 paragraph (1), or any additional period of time granted 

16 by the responsible official, the respondent may submit in 

17 person, in writing, or through a representative, facts and 

18 arguments in opposition to the allegations set forth in the 

19 notice, including any additional information that raises a 

20 genuine dispute of material fact. 

21 ‘‘(3) If the respondent fails to respond within 30 

22 days, or any additional time granted by the responsible 

23 official, the responsible official may issue a written deci24 sion disposing of the matters raised in the notice. Such 

25 decision shall be based on the record before the responsible 


smartinez on DSK4TPTVN1PROD with BILLS
131 

•S 1118 IS

1 official. If the responsible official concludes that the re2 spondent is liable under section 2752 of this title, the deci3 sion shall include the findings of fact and conclusions of 

4 law which the responsible official relied upon in deter5 mining that the respondent is liable, and the amount of 

6 any penalty and/or assessment to be imposed on the re7 spondent. Any such determination shall be based on a pre8 ponderance of the evidence. The responsible official shall 

9 promptly send to the respondent a copy of the decision 

10 by registered or certified mail, or other similar commercial 

11 means, or shall hand deliver a copy of the decision. 

12 ‘‘(4) If the respondent makes a timely submission, 

13 and the responsible official determines that the respondent 

14 has not raised any genuine dispute of material fact, the 

15 responsible official may issue a written decision disposing 

16 of the matters raised in the notice. Such decision shall 

17 be based on the record before the responsible official. If 

18 the responsible official concludes that the respondent is 

19 liable under section 2752 of this title, the decision shall 

20 include the findings of fact and conclusions of law which 

21 the responsible official relied upon in determining that the 

22 respondent is liable, and the amount of any penalty or as23 sessment to be imposed on the respondent. Any such de24 termination shall be based on a preponderance of the evi25 dence. The responsible official shall promptly send to the 


smartinez on DSK4TPTVN1PROD with BILLS
132 

•S 1118 IS

1 respondent a copy of the decision by registered or certified 

2 mail, or other similar commercial means, or shall hand 

3 deliver a copy of the decision. 

4 ‘‘(5) If the respondent makes a timely submission, 

5 and the responsible official determines that the respondent 

6 has raised a genuine dispute of material fact, the respon7 sible official shall commence a hearing to resolve the genu8 inely disputed material facts by mailing by registered or 

9 certified mail, or other similar commercial means, or by 

10 hand delivery of, a notice informing the respondent of— 

11 ‘‘(A) the time, place, and nature of the hearing; 

12 ‘‘(B) the legal authority under which the hear13 ing is to be held; 

14 ‘‘(C) the material facts determined by the re15 sponsible official to be genuinely in dispute that will 

16 be the subject of the hearing; and 

17 ‘‘(D) a description of the procedures for the 

18 conduct of the hearing. 

19 ‘‘(6) The responsible official and any person against 

20 whom liability is asserted under this chapter may agree 

21 to a compromise or settle an action at any time. Any com22 promise or settlement must be in writing. 

23 ‘‘(e) RESPONDENT ENTITLED TO COPY OF THE

24 RECORD.—At any time after receiving a notice under 

25 paragraph (1) of subsection (d), the respondent shall be 


smartinez on DSK4TPTVN1PROD with BILLS
133 

•S 1118 IS

1 entitled to a copy of the entire record before the respon2 sible official. 

3 ‘‘(f) HEARINGS.—Any hearing commenced under this 

4 section shall be conducted by the responsible official, or 

5 a fact-finder designated by the responsible official, solely 

6 to resolve genuinely disputed material facts identified by 

7 the responsible official and set forth in the notice to the 

8 respondent. 

9 ‘‘(g) PROCEDURES FOR HEARINGS.—(1) Each hear10 ing shall be conducted under procedures prescribed by the 

11 head of the agency. Such procedures shall include the fol12 lowing: 

13 ‘‘(A) The provision of written notice of the 

14 hearing to the respondent, including written notice 

15 of— 

16 ‘‘(i) the time, place, and nature of the 

17 hearing; 

18 ‘‘(ii) the legal authority under which the 

19 hearing is to be held; 

20 ‘‘(iii) the material facts determined by the 

21 responsible official to be genuinely in dispute 

22 that will be the subject of the hearing; and 

23 ‘‘(iv) a description of the procedures for 

24 the conduct of the hearing. 


smartinez on DSK4TPTVN1PROD with BILLS
134 

•S 1118 IS

1 ‘‘(B) The opportunity for the respondent to 

2 present facts and arguments through oral or docu3 mentary evidence, to submit rebuttal evidence, and 

4 to conduct such cross-examination as may be re5 quired to resolve any genuinely disputed material 

6 facts identified by the responsible official. 

7 ‘‘(C) The opportunity for the respondent to be 

8 accompanied, represented, and advised by counsel or 

9 such other qualified representative as the Secretary 

10 may specify in such regulations. 

11 ‘‘(2) For the purpose of conducting hearings under 

12 this section, the responsible official is authorized to admin13 ister oaths or affirmations. 

14 ‘‘(3) Hearings shall be held at the responsible offi15 cial’s office, or at such other place as may be agreed upon 

16 by the respondent and the responsible official. 

17 ‘‘(h) DECISION FOLLOWING HEARING.—The respon18 sible official shall issue a written decision within 60 days 

19 after the conclusion of the hearing. That decision shall set 

20 forth specific findings of fact resolving the genuinely dis21 puted material facts that were the subject of the hearing. 

22 The written decision shall also dispose of the matters 

23 raised in the notice required under paragraph (1) of sub24 section (d). If the responsible official concludes that the 

25 respondent is liable under section 2752 of this title, the 


smartinez on DSK4TPTVN1PROD with BILLS
135 

•S 1118 IS

1 decision shall include the findings of fact and conclusions 

2 of law which the responsible official relied upon in deter3 mining that the respondent is liable, and the amount of 

4 any penalty or assessment to be imposed on the respond5 ent. Any decisions issued under this subparagraph shall 

6 be based on the record before the responsible official and 

7 shall be supported by a preponderance of the evidence. 

8 The responsible official shall promptly send to the re9 spondent a copy of the decision by registered or certified 

10 mail, or other similar commercial means, or shall hand 

11 deliver a copy of the decision. 

12 ‘‘§ 2754. Payment; interest on late payments 

13 ‘‘(a) PAYMENT OF ASSESSMENTS AND PENALTIES.— 

14 A respondent shall render payment of any assessment and 

15 penalty imposed by a responsible official, or any amount 

16 otherwise agreed to as part of a settlement or adjustment, 

17 not later than the date— 

18 ‘‘(1) that is 30 days after the date of the re19 ceipt by the respondent of the responsible official’s 

20 decision; or 

21 ‘‘(2) as otherwise agreed to by the respondent 

22 and the responsible official. 

23 ‘‘(b) INTEREST.—If there is an unpaid balance as of 

24 the date determined under paragraph (1), interest shall 

25 accrue from that date on any unpaid balance. The rate 


smartinez on DSK4TPTVN1PROD with BILLS
136 

•S 1118 IS

1 of interest charged shall be the rate in effect as of that 

2 date that is published by the Secretary of the Treasury 

3 under section 3717 of title 31. 

4 ‘‘(c) TREATMENT OF RECEIPTS.—All penalties, as5 sessments, or interest paid, collected, or otherwise recov6 ered under this chapter shall be deposited into the Treas7 ury as miscellaneous receipts as provided in section 3302 

8 of title 31. 

9 ‘‘§ 2755. Judicial review 

10 ‘‘A decision by a responsible official under section 

11 2753(d) or 2753(h) of this title shall be final. Any such 

12 final decision is subject to judicial review only under chap13 ter 7 of title 5. 

14 ‘‘§ 2756. Collection of civil penalties and assessments 

15 ‘‘(a) JUDICIAL ENFORCEMENT OF CIVIL PENALTIES

16 AND ASSESSMENTS.—The Attorney General shall be re17 sponsible for judicial enforcement of any civil penalty or 

18 assessment imposed under this chapter. 

19 ‘‘(b) CIVIL ACTIONS FOR RECOVERY.—Any penalty 

20 or assessment imposed in a decision by a responsible offi21 cial, or amounts otherwise agreed to as part of a settle22 ment or adjustment, along with any accrued interest, may 

23 be recovered in a civil action brought by the Attorney Gen24 eral. In any such action, no matter that was raised or that 

25 could have been raised in a proceeding under this chapter 


smartinez on DSK4TPTVN1PROD with BILLS
137 

•S 1118 IS

1 or pursuant to judicial review under section 2755 of this 

2 title may be raised as a defense, and the determination 

3 of liability and the determination of amounts of penalties 

4 and assessments shall not be subject to review. 

5 ‘‘(c) JURISDICTION OF UNITED STATES DISTRICT

6 COURTS.—The district courts of the United States shall 

7 have jurisdiction of any action commenced by the United 

8 States under subsection (b). 

9 ‘‘(d) JOINING AND CONSOLIDATING ACTIONS.—Any 

10 action under subsection (b) may, without regard to venue 

11 requirements, be joined and consolidated with or asserted 

12 as a counterclaim, cross-claim, or setoff by the United 

13 States in any other civil action which includes as parties 

14 the United States, and the person against whom such ac15 tion may be brought. 

16 ‘‘(e) JURISDICTION OF UNITED STATES COURT OF

17 FEDERAL CLAIMS.—The United States Court of Federal 

18 Claims shall have jurisdiction of any action under sub19 section (b) to recover any penalty or assessment, or 

20 amounts otherwise agreed to as part of a settlement or 

21 adjustment, along with any accrued interest, if the cause 

22 of action is asserted by the United States as a counter23 claim in a matter pending in such court. The counterclaim 

24 need not relate to the subject matter of the underlying 

25 claim. 


smartinez on DSK4TPTVN1PROD with BILLS
138 

•S 1118 IS

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. 


smartinez on DSK4TPTVN1PROD with BILLS
139 

•S 1118 IS

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— 


smartinez on DSK4TPTVN1PROD with BILLS
140 

•S 1118 IS

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. 802. IMPROVEMENTS TO THE OPERATION OF THE DE19 FENSE ACQUISITION WORKFORCE DEVELOP20 MENT FUND. 

21 (a) ELEMENTS OF THE FUND.—Subsection (d) of 

22 section 1705 of title 10, United States Code, is amended— 

23 (1) in paragraph (1)— 


smartinez on DSK4TPTVN1PROD with BILLS
141 

•S 1118 IS

1 (A) in subparagraph (A), by striking 

2 ‘‘credited to the Fund under paragraph (2)’’ 

3 and inserting ‘‘appropriated to the Fund’’; 

4 (B) in subparagraph (B), by striking 

5 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

6 (2)’’; and 

7 (C) by striking subparagraph (C); 

8 (2) by striking paragraphs (2) and (4); 

9 (3) by redesignating paragraph (3) as para10 graph (2); 

11 (4) in paragraph (2), as so redesignated— 

12 (A) in the first sentence, by striking ‘‘24- 

13 month period’’ and inserting ‘‘36-month pe14 riod’’; and 

15 (B) in the second sentence, by striking 

16 ‘‘credited to the Fund’’ and inserting ‘‘credited 

17 to amounts appropriated to the Fund for the 

18 fiscal year in which such funds are trans19 ferred’’; and 

20 (5) by inserting after paragraph (2), as so re21 designated, the following new paragraph (3): 

22 ‘‘(3) PRIOR NOTICE TO CONGRESSIONAL COM23 MITTEES OF CERTAIN TRANSFERS.—The Secretary 

24 of Defense may make a transfer to the Fund pursu25 ant to paragraph (2) that increases to an amount 


smartinez on DSK4TPTVN1PROD with BILLS
142 

•S 1118 IS

1 greater than $500,000,000 the total amount made 

2 available to the Fund for a fiscal year only after the 

3 Secretary submits to the congressional defense com4 mittees notice of the Secretary’s intent to make such 

5 transfer and a period of 10 days has elapsed fol6 lowing the date of the notification.’’. 

7 (b) AVAILABILITY OF FUNDS.—Subsection (e) of 

8 such section is amended— 

9 (1) in paragraph (1), by inserting ‘‘appropria10 tions available to’’ after ‘‘for transfer to’’; and 

11 (2) in paragraph (6)— 

12 (A) by striking ‘‘credited to the Fund in 

13 accordance with subsection (d)(2),’’; 

14 (B) by striking ‘‘subsection (d)(3),’’ and 

15 inserting ‘‘subsection (d)(2) or’’; 

16 (C) by striking ‘‘, or deposited to the 

17 Fund’’; and 

18 (D) by striking ‘‘for which credited’’ and 

19 all that follows and inserting ‘‘in which trans20 ferred, or for which appropriated, and the suc21 ceeding fiscal year.’’. 

22 (c) ANNUAL REPORT.—Subsection (f)(1) of such sec23 tion is amended by striking ‘‘remitted’’ and all that follows 

24 through ‘‘credited’’ and inserting ‘‘transferred to the 

25 Fund in such fiscal year or appropriated’’. 


smartinez on DSK4TPTVN1PROD with BILLS
143 

•S 1118 IS

1 SEC. 803. REVISION TO EFFECTIVE DATE APPLICABLE TO 

2 PRIOR EXTENSION OF APPLICABILITY OF 

3 THE SENIOR EXECUTIVE BENCHMARK COM4 PENSATION AMOUNT FOR PURPOSES OF AL5 LOWABLE COST LIMITATIONS UNDER DE6 FENSE CONTRACTS. 

7 (a) REPEAL OF RETROACTIVE APPLICABILITY.—Sec8 tion 803(c) of the National Defense Authorization Act for 

9 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1485) 

10 is amended by striking ‘‘amendments made by’’ and all 

11 that follows and inserting ‘‘amendments made by this sec12 tion shall apply with respect to costs of compensation in13 curred after January 1, 2012, under contracts entered 

14 into on or after December 31, 2011.’’. 

15 (b) APPLICABILITY.—The amendment made by sub16 section (a) shall take effect as of December 31, 2011, and 

17 shall apply as if included in the National Defense Author18 ization Act for Fiscal Year 2012 as enacted. 

19 Subtitle B—Amendments to Gen20 eral Contract Authorities, Pro21 cedures, and Limitations 

22 SEC. 811. REVISION TO METHOD OF ROUNDING OF ACQUI23 SITION-RELATED DOLLAR THRESHOLDS 

24 WHEN ADJUSTING FOR INFLATION. 

25 Section 1908(e)(2) of title 41, United States Code, 

26 is amended— 


smartinez on DSK4TPTVN1PROD with BILLS
144 

•S 1118 IS

1 (1) in the matter preceding subparagraph (A), 

2 by striking ‘‘on the day before the adjustment’’ and 

3 inserting ‘‘as calculated under paragraph (1)’’; 

4 (2) by striking ‘‘and’’ at the end of subpara5 graph (C); and 

6 (3) by striking subparagraph (D) and inserting 

7 the following: 

8 ‘‘(D) not less than $1,000,000, but less 

9 than $10,000,000, to the nearest $500,000; 

10 ‘‘(E) not less than $10,000,000, but less 

11 than $100,000,000, to the nearest $5,000,000; 

12 ‘‘(F) not less than $100,000,000, but less 

13 than $1,000,000,000, to the nearest 

14 $50,000,000; and 

15 ‘‘(G) $1,000,000,000 or more, to the near16 est $500,000,000.’’. 

17 SEC. 812. EXTENSION OF AUTHORITY TO ACQUIRE PROD18 UCTS AND SERVICES PRODUCED IN COUN19 TRIES ALONG A MAJOR ROUTE OF SUPPLY 

20 TO AFGHANISTAN. 

21 Section 801(f) of the National Defense Authorization 

22 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

23 2399), as most recently amended by section 832 of the 

24 National Defense Authorization Act for Fiscal Year 2014 

25 (Public Law 113–66; 127 Stat. 814), is further amended 


smartinez on DSK4TPTVN1PROD with BILLS
145 

•S 1118 IS

1 by striking ‘‘December 31, 2015’’ and inserting ‘‘Decem2 ber 31, 2018’’. 

3 SEC. 813. EXCEPTION TO REQUIREMENT TO INCLUDE COST 

4 OR PRICE TO THE GOVERNMENT AS A FAC5 TOR IN THE EVALUATION OF PROPOSALS 

6 FOR CERTAIN TASK OR DELIVERY ORDER 

7 CONTRACTS. 

8 (a) CONTRACTING UNDER TITLE 41, UNITED

9 STATES CODE.—Section 3306(c) of title 41, United States 

10 Code, is amended— 

11 (1) in paragraph (1), by inserting ‘‘except as 

12 provided in paragraph (3),’’ in subparagraphs (B) 

13 and (C) after the subparagraph designation; and 

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

15 paragraphs: 

16 ‘‘(3) EXCEPTIONS FOR CERTAIN INDEFINITE

17 DELIVERY, INDEFINITE QUANTITY CONTRACTS.—If 

18 the head of an agency issues a solicitation for mul19 tiple task or delivery order contracts under section 

20 4103(d) of this title for the same or similar services 

21 and intends to make a contract award to each quali22 fying offeror— 

23 ‘‘(A) cost or price to the Federal Govern24 ment need not, at the Government’s discretion, 

25 be considered under subparagraph (B) of paraVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
146 

•S 1118 IS

1 graph (1) as an evaluation factor for the con2 tract award; and 

3 ‘‘(B) if, pursuant to subparagraph (A), 

4 cost or price to the Federal Government is not 

5 considered as an evaluation factor for the con6 tract award— 

7 ‘‘(i) the disclosure requirement of sub8 paragraph (C) of paragraph (1) shall not 

9 apply; and 

10 ‘‘(ii) cost or price to the Federal Gov11 ernment shall be considered in conjunction 

12 with the issuance pursuant to section 

13 4106(c) of this title of a task or delivery 

14 order under any contract resulting from 

15 the solicitation. 

16 ‘‘(4) QUALIFYING OFFEROR DEFINED.—In 

17 paragraph (3), the term ‘qualifying offeror’ means 

18 an offeror that— 

19 ‘‘(A) is determined to be a responsible 

20 source; 

21 ‘‘(B) submits a proposal that conforms to 

22 the requirements of the solicitation; and 

23 ‘‘(C) the contracting officer has no reason 

24 to believe would likely offer other than fair and 

25 reasonable pricing.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
147 

•S 1118 IS

1 (b) CONTRACTING UNDER TITLE 10, UNITED

2 STATES CODE.—Section 2305(a)(3) of title 10, United 

3 States Code, is amended— 

4 (1) in subparagraph (A), by inserting ‘‘(except 

5 as provided in subparagraph (C))’’ in clauses (ii) 

6 and (iii) after ‘‘shall’’; and 

7 (2) by adding at the end the following new sub8 paragraphs: 

9 ‘‘(C) If the head of an agency issues a solicitation 

10 for multiple task or delivery order contracts under section 

11 2304a(d)(1)(B) of this title for the same or similar serv12 ices and intends to make a contract award to each quali13 fying offeror— 

14 ‘‘(i) cost or price to the Federal Government 

15 need not, at the Government’s discretion, be consid16 ered under clause (ii) of subparagraph (A) as an 

17 evaluation factor for the contract award; and 

18 ‘‘(ii) if, pursuant to clause (i), cost or price to 

19 the Federal Government is not considered as an 

20 evaluation factor for the contract award— 

21 ‘‘(I) the disclosure requirement of clause 

22 (iii) of subparagraph (A) shall not apply; and 

23 ‘‘(II) cost or price to the Federal Govern24 ment shall be considered in conjunction with 

25 the issuance pursuant to section 2304c(b) of 


smartinez on DSK4TPTVN1PROD with BILLS
148 

•S 1118 IS

1 this title of a task or delivery order under any 

2 contract resulting from the solicitation. 

3 ‘‘(D) In subparagraph (C), the term ‘qualifying offer4 or’ means an offeror that— 

5 ‘‘(i) is determined to be a responsible source; 

6 ‘‘(ii) submits a proposal that conforms to the 

7 requirements of the solicitation; and 

8 ‘‘(iii) the contracting officer has no reason to 

9 believe would likely offer other than fair and reason10 able pricing.’’. 

11 Subtitle C—Acquisition Reform 

12 Proposals 

13 SEC. 821. MODIFICATION TO REQUIREMENTS RELATING TO 

14 DETERMINATION OF CONTRACT TYPE FOR 

15 MAJOR DEVELOPMENT PROGRAMS. 

16 (a) DETERMINATION OF CONTRACT TYPE.—Section 

17 2306 of title 10, United States Code, is amended by add18 ing at the end the following new subsection: 

19 ‘‘(i) REQUIRED ELEMENTS OF GUIDANCE RELATING

20 TO CONTRACT TYPE.—(1) The Secretary of Defense shall 

21 ensure that the guidance of the Department of Defense 

22 relating to major defense acquisition programs and major 

23 automated information systems includes— 

24 ‘‘(A) a requirement that the acquisition strat25 egy for such a program or system include identificaVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
149 

•S 1118 IS

1 tion of the contract type for development of the pro2 gram or system; and 

3 ‘‘(B) a justification of the contract type identi4 fied. 

5 ‘‘(2) The contract type identified in accordance with 

6 paragraph (1)(A) may be— 

7 ‘‘(A) a fixed-price type contract (including a 

8 fixed-price incentive contract); or 

9 ‘‘(B) a cost-type contract (including a cost-plus10 incentive-fee contract). 

11 ‘‘(3) The guidance referred to in paragraph (1) shall 

12 require that the justification for the contract type selected 

13 explain— 

14 ‘‘(A) how the level of program risk relates to 

15 the contract type selected; and 

16 ‘‘(B) how the use of incentives (especially cost 

17 incentives) in the contract, if any, supports the ob18 jectives of the development program. 

19 ‘‘(4) The guidance shall also specify that the use of 

20 contracts with target costs, target profits or fees, and 

21 profit or fee adjustment formulas, during development, 

22 where applicable, is ordinarily in the interest of the Gov23 ernment.’’. 

24 (b) REPEAL.—Section 818 of the John Warner Na25 tional Defense Authorization Act for Fiscal Year 2007 


smartinez on DSK4TPTVN1PROD with BILLS
150 

•S 1118 IS

1 (Public Law 109–364; 10 U.S.C. 2306 note) is amended 

2 by striking subsections (b), (c), (d), and (e). 

3 (c) MODIFICATION OF REGULATIONS.—Not later 

4 than 120 days after the date of the enactment of this Act, 

5 the Secretary of Defense shall modify the regulations of 

6 the Department of Defense regarding the determination 

7 of contract type for development programs to be consistent 

8 with the amendments made by this section. 

9 SEC. 822. REPEAL OF REQUIREMENT FOR STAND-ALONE 

10 MANPOWER ESTIMATES FOR MAJOR DE11 FENSE ACQUISITION PROGRAMS. 

12 (a) REPEAL OF REQUIREMENT.—Subsection (a)(1) 

13 of section 2434 of title 10, United States Code, is amend14 ed by striking ‘‘and a manpower estimate for the program 

15 have’’ and inserting ‘‘has’’. 

16 (b) CONFORMING AMENDMENTS RELATING TO REG17 ULATIONS.—Subsection (b) of such section is amended— 

18 (1) by striking paragraph (2); 

19 (2) by striking ‘‘shall require—’’ and all that 

20 follows through ‘‘that the independent’’ and insert21 ing ‘‘shall require that the independent’’; 

22 (3) by redesignating subparagraphs (A) and 

23 (B) as paragraphs (1) and (2), respectively, and re24 aligning those paragraphs so as to be two ems from 

25 the left margin; and 


smartinez on DSK4TPTVN1PROD with BILLS
151 

•S 1118 IS

1 (4) in paragraph (2), as so redesignated— 

2 (A) by striking ‘‘and operations and sup3 port,’’ and inserting ‘‘operations and support, 

4 and manpower to operate, maintain, and sup5 port the program upon full operational deploy6 ment,’’; and 

7 (B) by striking ‘‘; and’’ at the end and in8 serting a period. 

9 (c) CLERICAL AMENDMENTS.— 

10 (1) SECTION HEADING.—The heading of such 

11 section is amended to read as follows: 

12 ‘‘§ 2434. Independent cost estimates’’. 

13 (2) TABLE OF SECTIONS.—The item relating to 

14 such section in the table of sections at the beginning 

15 of chapter 144 of such title is amended to read as 

16 follows: 

‘‘2434. Independent cost estimates.’’. 

17 SEC. 823. REVISION OF MILESTONE DECISION AUTHORITY 

18 RESPONSIBILITIES FOR MAJOR DEFENSE AC19 QUISITION PROGRAMS. 

20 (a) REVISION.— 

21 (1) IN GENERAL.—Sections 2366a and 2366b 

22 of title 10, United States Code, are amended to read 

23 as follows: 


smartinez on DSK4TPTVN1PROD with BILLS
152 

•S 1118 IS

1 ‘‘§ 2366a. Major defense acquisition programs: re2 sponsibilities at Milestone A approval 

3 ‘‘(a) RESPONSIBILITIES.—Before granting Milestone 

4 A approval for a major defense acquisition program or a 

5 major subprogram, the Milestone Decision Authority for 

6 the program or subprogram shall ensure— 

7 ‘‘(1) that information about the program or 

8 subprogram is sufficient to warrant entry of the pro9 gram or subprogram into the risk reduction phase; 

10 and 

11 ‘‘(2) that there are sound plans for progression 

12 of the program or subprogram to the development 

13 phase. 

14 ‘‘(b) CONSIDERATIONS.—In carrying out subsection 

15 (a), the Milestone Decision Authority shall consider to 

16 what extent the program or subprogram— 

17 ‘‘(1) meets a joint military requirement; 

18 ‘‘(2) responds to an anticipated or likely threat; 

19 ‘‘(3) has been developed in light of a review of 

20 alternative approaches; 

21 ‘‘(4) is affordable; 

22 ‘‘(5) has (A) identified areas of risk and, (B) 

23 for each such identified area of risk, has a plan to 

24 reduce the risk that is documented in the acquisition 

25 strategy for the program or subprogram; 

26 ‘‘(6) addresses planning for sustainment; and 


smartinez on DSK4TPTVN1PROD with BILLS
153 

•S 1118 IS

1 ‘‘(7) meets any other considerations the Mile2 stone Decision Authority considers relevant. 

3 ‘‘(c) RELATIONSHIP TO OTHER STATUTES.—In as4 sessing the considerations in subsection (b), the Milestone 

5 Decision Authority shall include consideration of the fol6 lowing: 

7 ‘‘(1) With respect to joint military require8 ments, the requirements of section 181 of this title. 

9 ‘‘(2) With respect to alternative approaches, the 

10 requirements of section 201 of the Weapon Systems 

11 Acquisition Reform Act of 2009 (Public Law 111– 

12 23; 10 U.S.C. 2302 note). 

13 ‘‘(3) With respect to affordability and cost esti14 mates and analyses, the requirements of section 

15 2334 of this title. 

16 ‘‘(4) With respect to risk, the requirements 

17 of— 

18 ‘‘(A) section 138b of this title; and 

19 ‘‘(B) section 203 of the Weapon Systems 

20 Acquisition Reform Act of 2009 (Public Law 

21 111–23; 10 U.S.C. 2430 note). 

22 ‘‘(5) With respect to sustainment, the require23 ments of section 2337 and section 2464 of this title. 

24 ‘‘(d) NOTIFICATION.—Not later than 30 days after 

25 granting Milestone A approval for a major defense acquisiVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
154 

•S 1118 IS

1 tion program or major subprogram, the Milestone Deci2 sion Authority for that program or subprogram shall sub3 mit to the congressional defense committees notice of such 

4 approval in writing. The Milestone Decision Authority’s 

5 decision memorandum with respect to such approval shall 

6 be available to the congressional defense committees upon 

7 request, consistent with any relevant classification require8 ments. 

9 ‘‘(e) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘major defense acquisition pro11 gram’ means a Department of Defense acquisition 

12 program that is a major defense acquisition program 

13 for purposes of section 2430 of this title. 

14 ‘‘(2) The term ‘major subprogram’ means a 

15 major subprogram of a major defense acquisition 

16 program designated under section 2430a(a)(1) of 

17 this title. 

18 ‘‘(3) The term ‘Milestone Decision Authority’, 

19 with respect to a major defense acquisition program 

20 or a major subprogram, means the official within the 

21 Department of Defense designated with the overall 

22 responsibility and authority for acquisitions decisions 

23 for the program or subprogram, including authority 

24 to approve entry of the program or subprogram into 

25 the next phase of the acquisition process. 


smartinez on DSK4TPTVN1PROD with BILLS
155 

•S 1118 IS

1 ‘‘(4) The term ‘Milestone A approval’ means a 

2 decision to enter into a risk reduction phase pursu3 ant to guidance prescribed by the Secretary of De4 fense for the management of Department of Defense 

5 acquisition programs. 

6 ‘‘(5) The term ‘joint military requirement’ has 

7 the meaning given that term in section 181(g)(1) of 

8 this title. 

9 ‘‘§ 2366b. Major defense acquisition programs: re10 sponsibilities at Milestone B approval 

11 ‘‘(a) RESPONSIBILITIES.—Before granting Milestone 

12 B approval for a major defense acquisition program or a 

13 major subprogram, the Milestone Decision Authority for 

14 the program or subprogram shall ensure— 

15 ‘‘(1) that information about the program or 

16 subprogram is sufficient to warrant entry of the pro17 gram or subprogram into the development phase; 

18 and 

19 ‘‘(2) that there are sound plans in place for the 

20 program or subprogram to deliver the required capa21 bility. 

22 ‘‘(b) CONSIDERATIONS.—In carrying out subsection 

23 (a), the Milestone Decision Authority shall consider to 

24 what extent the program or subprogram will do each of 

25 the following: 


smartinez on DSK4TPTVN1PROD with BILLS
156 

•S 1118 IS

1 ‘‘(1) Provide a capability that is affordable. 

2 ‘‘(2) Identify and mitigate programmatic risks. 

3 ‘‘(3) Deliver a capability with acceptable per4 formance to fulfill a joint military requirement. 

5 ‘‘(4) Utilize technologies assessed to be mature. 

6 ‘‘(5) Effectively utilize competition. 

7 ‘‘(6) Enable sustainment of the capability that 

8 is provided by the program or subprogram. 

9 ‘‘(7) Continue to address, as necessary, the con10 siderations for Milestone A approval (or in the case 

11 that the program has not previously been granted 

12 Milestone A approval, address such considerations). 

13 ‘‘(8) Respond to anticipated or likely threats. 

14 ‘‘(9) Meet any other considerations the Mile15 stone Decision Authority considers relevant. 

16 ‘‘(c) RELATIONSHIP TO OTHER STATUTES.—In ad17 dressing the considerations in subsection (b), the Mile18 stone Decision Authority shall include consideration of the 

19 following: 

20 ‘‘(1) With respect to affordability, the require21 ments of section 2334 of this title. 

22 ‘‘(2) With respect to risk, the requirements 

23 of— 


smartinez on DSK4TPTVN1PROD with BILLS
157 

•S 1118 IS

1 ‘‘(A) section 203 of the Weapon Systems 

2 Acquisition Reform Act of 2009 (Public Law 

3 111–23; 10 U.S.C. 2430 note); and 

4 ‘‘(B) section 138b of this title. 

5 ‘‘(3) With respect to fulfilling a joint military 

6 requirement, the requirements of section 181 of this 

7 title. 

8 ‘‘(4) With respect to competition, the require9 ments of— 

10 ‘‘(A) section 202 of the Weapon Systems 

11 Acquisition Reform Act of 2009 (Public Law 

12 111–23; 10 U.S.C. 2430 note); and 

13 ‘‘(B) section 2304 of this title. 

14 ‘‘(5) With respect to sustainment, the require15 ments of section 2337 and section 2464 of this title. 

16 ‘‘(d) NOTIFICATION.—Not later than 30 days after 

17 granting Milestone B approval for a major defense acqui18 sition program or major subprogram, the Milestone Deci19 sion Authority for the program or subprogram shall sub20 mit to the congressional defense committees notice of such 

21 approval in writing. The Milestone Decision Authority’s 

22 decision memorandum with respect to such approval shall 

23 be available to the congressional defense committees upon 

24 request, consistent with any relevant classification require25 ments. 


smartinez on DSK4TPTVN1PROD with BILLS
158 

•S 1118 IS

1 ‘‘(e) DEFINITIONS.—In this section: 

2 ‘‘(1) The term ‘major defense acquisition pro3 gram’ means a Department of Defense acquisition 

4 program that is a major defense acquisition program 

5 for purposes of section 2430 of this title. 

6 ‘‘(2) The term ‘major subprogram’ means a 

7 major subprogram of a major defense acquisition 

8 program designated under section 2430a(a)(1) of 

9 this title. 

10 ‘‘(3) The term ‘Milestone Decision Authority’, 

11 with respect to a major defense acquisition program 

12 or a major subprogram, means the official within the 

13 Department of Defense designated with the overall 

14 responsibility and authority for acquisition decisions 

15 for the program or subprogram, including authority 

16 to approve entry of the program or subprogram into 

17 the next phase of the acquisition process. 

18 ‘‘(4) The term ‘Milestone A approval’ means a 

19 decision to enter into a risk reduction phase pursu20 ant to guidance prescribed by the Secretary of De21 fense for the management of Department of Defense 

22 acquisition programs. 

23 ‘‘(5) The term ‘Milestone B approval’ means a 

24 decision to enter into a development phase pursuant 

25 to guidance prescribed by the Secretary of Defense 


smartinez on DSK4TPTVN1PROD with BILLS
159 

•S 1118 IS

1 for the management of Department of Defense ac2 quisition programs. 

3 ‘‘(6) The term ‘joint military requirement’ has 

4 the meaning given that term in section 181(g)(1) of 

5 this title.’’. 

6 (2) CLERICAL AMENDMENT.—The items relat7 ing to such sections in the table of sections at the 

8 beginning of chapter 139 of such title are amended 

9 to read as follows: 

‘‘2366a. Major defense acquisition programs: responsibilities at Milestone A approval. 

‘‘2366b. Major defense acquisition programs: responsibilities at Milestone B approval.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) Section 139b of this title is amended— 

12 (A) in subsection (a)(5)— 

13 (i) in subparagraph (B), by striking 

14 ‘‘review and approve or disapprove’’ and 

15 inserting ‘‘advise the milestone decision au16 thority regarding review and approval of’’; 

17 and 

18 (ii) in subparagraph (C), by inserting 

19 ‘‘in order to advise relevant technical au20 thorities for such programs on the incorpo21 ration of best practices for developmental 

22 test from across the Department’’ after 

23 ‘‘programs’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
160 

•S 1118 IS

1 (B) in subsection (b)(5)— 

2 (i) in subparagraph (B), by striking 

3 ‘‘review and approve’’ and inserting ‘‘ad4 vise the milestone decision authority re5 garding review and approval of’’; and 

6 (ii) in subparagraph (C), by inserting 

7 ‘‘in order to advise relevant technical au8 thorities for such programs on the incorpo9 ration of best practices for systems engi10 neering from across the Department’’ after 

11 ‘‘programs’’. 

12 (2) Section 2334(a)(6)(A)(i) of such title is 

13 amended by striking ‘‘any certification under’’ and 

14 inserting ‘‘any decision to grant milestone approval 

15 pursuant to’’. 

16 SEC. 824. STREAMLINING OF REQUIREMENTS RELATING TO 

17 DEFENSE BUSINESS SYSTEMS. 

18 (a) IN GENERAL.— 

19 (1) REVISION.—Section 2222 of title 10, 

20 United States Code, is amended to read as follows: 

21 ‘‘§ 2222. Defense business systems: business process 

22 reengineering; enterprise architecture; 

23 management 

24 ‘‘(a) DEFENSE BUSINESS SYSTEMS GENERALLY.— 

25 The Secretary of Defense shall ensure that each covered 


smartinez on DSK4TPTVN1PROD with BILLS
161 

•S 1118 IS

1 defense business system developed, deployed, and operated 

2 by the Department of Defense— 

3 ‘‘(1) supports efficient business processes that 

4 have been reviewed, and as appropriate revised, 

5 through business process reengineering; 

6 ‘‘(2) is integrated into a comprehensive defense 

7 business enterprise architecture; and 

8 ‘‘(3) is managed in a manner that provides visi9 bility into, and traceability of, expenditures for the 

10 system. 

11 ‘‘(b) ISSUANCE OF GUIDANCE.— 

12 ‘‘(1) SECRETARY OF DEFENSE GUIDANCE.— 

13 The Secretary shall issue guidance to provide for the 

14 coordination of, and decisionmaking for, the plan15 ning, programming, and control of investments in 

16 covered defense business systems. 

17 ‘‘(2) SUPPORTING GUIDANCE.—The Secretary 

18 shall direct the Deputy Chief Management Officer of 

19 the Department of Defense, the Under Secretary of 

20 Defense for Acquisition, Technology, and Logistics, 

21 the Chief Information Officer, and the Chief Man22 agement Officer of each of the military departments 

23 to issue and maintain supporting guidance, as ap24 propriate, for the guidance of the Secretary issued 

25 under paragraph (1). 


smartinez on DSK4TPTVN1PROD with BILLS
162 

•S 1118 IS

1 ‘‘(c) GUIDANCE ELEMENTS.—The guidance issued 

2 pursuant to subsection (b)(1) shall include the following 

3 elements: 

4 ‘‘(1) Policy to ensure that the business proc5 esses of the Department of Defense are continuously 

6 evolved to— 

7 ‘‘(A) implement the most streamlined and 

8 efficient business process practicable; and 

9 ‘‘(B) enable the use of commercial off-the10 shelf business systems with the fewest changes 

11 necessary to accommodate requirements and 

12 interfaces that are unique to the Department of 

13 Defense. 

14 ‘‘(2) A process to establish requirements for 

15 covered defense business systems. 

16 ‘‘(3) Mechanisms for the planning and control 

17 of investments in covered defense business systems, 

18 including a process for the collection and review of 

19 programming and budgeting information for covered 

20 defense business systems. 

21 ‘‘(4) Policy requiring the periodic review of cov22 ered defense business systems that have been fully 

23 deployed, by portfolio, to ensure that investments in 

24 such portfolios are appropriate. 


smartinez on DSK4TPTVN1PROD with BILLS
163 

•S 1118 IS

1 ‘‘(d) DEFENSE BUSINESS ENTERPRISE ARCHITEC2 TURE.— 

3 ‘‘(1) BLUEPRINT.—The Secretary, working 

4 through the Deputy Chief Management Officer of 

5 the Department of Defense, shall develop and main6 tain a blueprint to guide the development of inte7 grated business processes within the Department of 

8 Defense. Such blueprint shall be known as the ‘de9 fense business enterprise architecture’. 

10 ‘‘(2) PURPOSE.—The defense business enter11 prise architecture shall be sufficiently defined to ef12 fectively guide implementation of interoperable de13 fense business system solutions and shall be con14 sistent with the policies and procedures established 

15 by the Director of the Office of Management and 

16 Budget. 

17 ‘‘(3) ELEMENTS.—The defense business enter18 prise architecture shall— 

19 ‘‘(A) include policies, procedures, business 

20 data standards, business performance measures, 

21 and business information requirements that 

22 apply uniformly throughout the Department of 

23 Defense; and 

24 ‘‘(B) enable the Department of Defense 

25 to— 


smartinez on DSK4TPTVN1PROD with BILLS
164 

•S 1118 IS

1 ‘‘(i) comply with all applicable law, in2 cluding Federal accounting, financial man3 agement, and reporting requirements; 

4 ‘‘(ii) routinely produce verifiable, 

5 timely, accurate, and reliable business and 

6 financial information for management pur7 poses; and 

8 ‘‘(iii) integrate budget, accounting, 

9 and program information and systems. 

10 ‘‘(4) INTEGRATION INTO INFORMATION TECH11 NOLOGY ARCHITECTURE.—The defense business en12 terprise architecture shall integrate into an informa13 tion technology enterprise architecture, developed by 

14 the Chief Information Officer of the Department of 

15 Defense, which describes a target business systems 

16 computing environment for each of the major busi17 ness processes conducted by the Department of De18 fense. 

19 ‘‘(e) DEFENSE BUSINESS COUNCIL.— 

20 ‘‘(1) REQUIREMENT FOR COUNCIL.—The Sec21 retary shall establish a Defense Business Council to 

22 provide advice to the Secretary on developing the de23 fense business enterprise architecture, reengineering 

24 the Department’s business processes, and require25 ments for defense business systems. The Council 


smartinez on DSK4TPTVN1PROD with BILLS
165 

•S 1118 IS

1 shall be chaired by the Deputy Chief Management 

2 Officer and the Chief Information Officer of the De3 partment of Defense. 

4 ‘‘(2) MEMBERSHIP.—The membership of the 

5 Council shall include the following: 

6 ‘‘(A) The Chief Management Officers of 

7 the military departments, or their designees. 

8 ‘‘(B) The following officials of the Depart9 ment of Defense, or their designees: 

10 ‘‘(i) The Under Secretary of Defense 

11 for Acquisition, Technology, and Logistics 

12 with respect to acquisition, logistics, and 

13 installations management processes. 

14 ‘‘(ii) The Under Secretary of Defense 

15 (Comptroller) with respect to financial 

16 management and planning and budgeting 

17 processes. 

18 ‘‘(iii) The Under Secretary of Defense 

19 for Personnel and Readiness with respect 

20 to human resources management proc21 esses. 

22 ‘‘(f) APPROVALS REQUIRED FOR DEVELOPMENT.— 

23 ‘‘(1) INITIAL APPROVAL REQUIRED.—The Sec24 retary shall ensure that a covered defense business 

25 system program cannot proceed into development 


smartinez on DSK4TPTVN1PROD with BILLS
166 

•S 1118 IS

1 (or, if no development is required, into production or 

2 fielding) unless the appropriate approval official (as 

3 specified in paragraph (2)) has determined that the 

4 covered defense business system concerned— 

5 ‘‘(A) supports a business process that has 

6 been, or is being as a result of the acquisition 

7 program, reengineered to be as streamlined and 

8 efficient as practicable consistent with the guid9 ance issued pursuant to subsection (b), includ10 ing business process mapping; 

11 ‘‘(B) is in compliance with the defense 

12 business enterprise architecture developed pur13 suant to subsection (d) or will be in compliance 

14 as a result of modifications planned; 

15 ‘‘(C) has valid, achievable requirements; 

16 and 

17 ‘‘(D) is in compliance with the Depart18 ment’s auditability requirements. 

19 ‘‘(2) APPROPRIATE OFFICIAL.—For purposes of 

20 paragraph (1), the appropriate approval official with 

21 respect to a covered defense business system is the 

22 following: 

23 ‘‘(A) In the case of a system of a military 

24 department, the Chief Management Officer of 

25 that military department. 


smartinez on DSK4TPTVN1PROD with BILLS
167 

•S 1118 IS

1 ‘‘(B) In the case of a system of a Defense 

2 Agency or Defense Field Activity or a system 

3 that will support the business process of more 

4 than one military department or Defense Agen5 cy or Defense Field Activity, the Deputy Chief 

6 Management Officer of the Department of De7 fense. 

8 ‘‘(C) In the case of any system, such offi9 cial other than the applicable official under sub10 paragraph (A) or (B) as the Secretary des11 ignates for such purpose. 

12 ‘‘(3) ANNUAL CERTIFICATION.—For any fiscal 

13 year in which funds are expended for development 

14 pursuant to a covered defense business system pro15 gram, the Defense Business Council shall review the 

16 system and certify (or decline to certify as the case 

17 may be) that it continues to satisfy the requirements 

18 of paragraph (1). If the Council determines that cer19 tification cannot be granted, the chairman of the 

20 Council shall notify the Appropriate Approving Offi21 cial and the acquisition Milestone Decision Authority 

22 for the program and provide a recommendation for 

23 corrective action. 

24 ‘‘(4) OBLIGATION OF FUNDS IN VIOLATION OF

25 REQUIREMENTS.—The obligation of Department of 


smartinez on DSK4TPTVN1PROD with BILLS
168 

•S 1118 IS

1 Defense funds for a covered defense business system 

2 program that has not been certified in accordance 

3 with paragraph (3) is a violation of section 

4 1341(a)(1)(A) of title 31. 

5 ‘‘(g) RESPONSIBILITY OF MILESTONE DECISION AU6 THORITY.—The Secretary shall ensure that, as part of the 

7 defense acquisition system, the requirements of this sec8 tion are fully addressed by the Milestone Decision Author9 ity for a covered defense business system program as ac10 quisition process approvals are considered for such system. 

11 ‘‘(h) ANNUAL REPORT.—Not later than March 15 of 

12 each year from 2016 through 2020, the Secretary shall 

13 submit to the congressional defense committees a report 

14 on activities of the Department of Defense pursuant to 

15 this section. Each report shall include the following: 

16 ‘‘(1) A description of actions taken and planned 

17 with respect to the guidance required by subsection 

18 (b) and the defense business enterprise architecture 

19 developed pursuant to subsection (d). 

20 ‘‘(2) A description of actions taken and planned 

21 for the reengineering of business processes by the 

22 Defense Business Council established pursuant to 

23 subsection (e). 


smartinez on DSK4TPTVN1PROD with BILLS
169 

•S 1118 IS

1 ‘‘(3) A summary of covered defense business 

2 system funding and covered defense business sys3 tems approved pursuant to subsection (f). 

4 ‘‘(4) Identification of any covered defense busi5 ness system program that during the preceding fis6 cal year was reviewed and not approved pursuant to 

7 subsection (f) and the reasons for the lack of ap8 proval. 

9 ‘‘(5) Identification of any covered defense busi10 ness system program that during the preceding fis11 cal year failed to achieve initial operational capa12 bility within five years of when the program received 

13 Milestone B approval. 

14 ‘‘(6) For any program identified under para15 graph (5), a description of the plan to address the 

16 issues which caused the failure. 

17 ‘‘(7) A discussion of specific improvements in 

18 business operations and cost savings resulting from 

19 successful covered defense business systems pro20 grams. 

21 ‘‘(8) A copy of the most recent report of the 

22 Chief Management Officer of each military depart23 ment on implementation of business transformation 

24 initiatives by such military department in accordance 

25 with section 908 of the Duncan Hunter National 


smartinez on DSK4TPTVN1PROD with BILLS
170 

•S 1118 IS

1 Defense Authorization Act for Fiscal Year 2009 

2 (Public Law 110–417; 122 Stat. 4569; 10 U.S.C. 

3 2222 note). 

4 ‘‘(i) DEFINITIONS.—In this section: 

5 ‘‘(1)(A) DEFENSE BUSINESS SYSTEM.—The 

6 term ‘defense business system’ means an informa7 tion system that is operated by, for, or on behalf of 

8 the Department of Defense, including any of the fol9 lowing: 

10 ‘‘(i) A financial system. 

11 ‘‘(ii) A financial data feeder system. 

12 ‘‘(iii) A contracting system. 

13 ‘‘(iv) A logistics system. 

14 ‘‘(v) A planning and budgeting system. 

15 ‘‘(vi) An installations management system. 

16 ‘‘(vii) A human resources management sys17 tem. 

18 ‘‘(viii) A training and readiness system. 

19 ‘‘(B) The term does not include— 

20 ‘‘(i) a national security system; or 

21 ‘‘(ii) an information system used exclu22 sively by and within the defense commissary 

23 system or the exchange system or other instru24 mentality of the Department of Defense con25 ducted for the morale, welfare, and recreation 


smartinez on DSK4TPTVN1PROD with BILLS
171 

•S 1118 IS

1 of members of the armed forces using non2 appropriated funds. 

3 ‘‘(2) COVERED DEFENSE BUSINESS SYSTEM.— 

4 The term ‘covered defense business system’ means a 

5 defense business system that is expected to have a 

6 total amount of budget authority over the period of 

7 the current future-years defense program submitted 

8 to Congress under section 221 of this title, in excess 

9 of the threshold established for the use of special 

10 simplified acquisition procedures pursuant to section 

11 2304(g)(1)(B) of this title. 

12 ‘‘(3) COVERED DEFENSE BUSINESS SYSTEM

13 PROGRAM.—The term ‘covered defense business sys14 tem program’ means a defense acquisition program 

15 to develop and field a covered defense business sys16 tem or an increment of a covered defense business 

17 system. 

18 ‘‘(4) ENTERPRISE ARCHITECTURE.—The term 

19 ‘enterprise architecture’ has the meaning given that 

20 term in section 3601(4) of title 44. 

21 ‘‘(5) INFORMATION SYSTEM.—The term ‘infor22 mation system’ has the meaning given that term in 

23 section 11101 of title 40. 


smartinez on DSK4TPTVN1PROD with BILLS
172 

•S 1118 IS

1 ‘‘(6) NATIONAL SECURITY SYSTEM.—The term 

2 ‘national security system’ has the meaning given 

3 that term in section 3542(b)(2) of title 44. 

4 ‘‘(7) MILESTONE DECISION AUTHORITY.—The 

5 term ‘Milestone Decision Authority’, with respect to 

6 a defense acquisition program, means the individual 

7 within the Department of Defense designated with 

8 the responsibility to grant milestone approvals for 

9 that program. 

10 ‘‘(8) BUSINESS PROCESS MAPPING.—The term 

11 ‘business process mapping’ means a procedure in 

12 which the steps in a business process are clarified 

13 and documented in both written form and in a flow 

14 chart.’’. 

15 (2) TABLE OF SECTIONS.—The table of sections 

16 at the beginning of chapter 131 of such title is 

17 amended to read as follows: 

‘‘2222. Defense business systems: business process reengineering; enterprise architecture; management.’’. 

18 (b) DEADLINE FOR GUIDANCE.—The guidance re19 quired by subsection (b)(1) of section 2222 of title 10, 

20 United States Code, as amended by subsection (a)(1), 

21 shall be issued not later than December 31, 2016. 

22 (c) REPEAL.—Section 811 of the John Warner Na23 tional Defense Authorization Act for Fiscal Year 2007 

24 (Public Law 109–364; 10 U.S.C. 2222 note) is repealed. 


smartinez on DSK4TPTVN1PROD with BILLS
173 

•S 1118 IS

1 SEC. 825. REVISION TO LIFE-CYCLE MANAGEMENT AND 

2 PRODUCT SUPPORT REQUIREMENTS. 

3 (a) CONSOLIDATION OF CERTAIN LOGISTICS AND

4 SUSTAINMENT-RELATED PROVISIONS.—Section 

5 2337(b)(2) of title 10, United States Code, is amended— 

6 (1) in subparagraph (A), by inserting before the 

7 semicolon the following: ‘‘in order to sustain the sys8 tem until either (i) a replacement system is fielded 

9 and assumes the majority of responsibility for the 

10 mission of the existing system, or (ii) the mission of 

11 the system is eliminated and the system is disposed 

12 of’’; 

13 (2) in subparagraph (D), by inserting 

14 ‘‘sustainment of core logistics capabilities specified 

15 in section 2464 of this title and’’ after ‘‘ensure’’; 

16 (3) by striking ‘‘and’’ at the end of subpara17 graph (H); 

18 (4) by striking the period at the end of sub19 paragraph (I) and inserting a semicolon; and 

20 (5) by adding at the end the following new sub21 paragraphs: 

22 ‘‘(J) make a determination regarding the appli23 cability of preservation and storage of unique tooling 

24 associated with the production of program-specific 

25 hardware, if relevant, including a plan for the presVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
174 

•S 1118 IS

1 ervation, storage, or disposal of all production tool2 ing; and 

3 ‘‘(K) identify obsolete electronic parts that are 

4 included in the specifications of the system being ac5 quired and determine suitable replacements for such 

6 parts.’’. 

7 (b) CORE LOGISTICS CAPABILITIES.—Section 2464 

8 of such title is amended— 

9 (1) by redesignating subsections (d) and (e) as 

10 subsections (e) and (f), respectively; and 

11 (2) by inserting after subsection (c) the fol12 lowing new subsection (d): 

13 ‘‘(d) ACQUISITION MANAGEMENT INFORMATION RE14 QUIREMENTS.—The Secretary of Defense shall ensure 

15 that, when milestone approval for a major defense acquisi16 tion program is under consideration, matters relating to 

17 core logistics capabilities are considered as follows: 

18 ‘‘(1) Before Milestone A approval for the pro19 gram is granted, an analysis of the applicability of 

20 core logistics capabilities requirements to the pro21 gram shall be considered. 

22 ‘‘(2) Before Milestone B approval for the pro23 gram is granted, an estimate of the requirements for 

24 core logistics capabilities for the program, and the 


smartinez on DSK4TPTVN1PROD with BILLS
175 

•S 1118 IS

1 associated sustaining workloads required to support 

2 such requirements, shall be considered. 

3 ‘‘(3) Before approval is granted for the pro4 gram to enter low-rate initial production, a descrip5 tion of requirements for core depot-level mainte6 nance and repair capabilities, as well as the associ7 ated logistics capabilities and the associated sus8 taining workloads required to support such require9 ments, shall be considered.’’. 

10 (c) CONFORMING REPEALS AND AMENDMENTS.— 

11 (1)(A) Section 2437 of title 10, United States 

12 Code, is repealed. 

13 (B) The table of sections at the beginning of 

14 chapter 144 is amended by striking the item relating 

15 to section 2437. 

16 (2) Section 815 of the Duncan Hunter National 

17 Defense Authorization Act for Fiscal Year 2009 

18 (Public Law 110–417; 122 Stat. 4530) is repealed. 

19 (3) Section 803(b) of the National Defense Au20 thorization Act for Fiscal Year 2014 (Public Law 

21 113–66; 10 U.S.C. prec. 2571 note) is amended— 

22 (A) by inserting ‘‘and’’ at the end of para23 graph (3); 

24 (B) striking ‘‘; and’’ at the end of para25 graph (4) and inserting a period; and 


smartinez on DSK4TPTVN1PROD with BILLS
176 

•S 1118 IS

1 (C) by striking paragraph (5). 

2 SEC. 826. ACQUISITION STRATEGY REQUIRED FOR EACH 

3 MAJOR DEFENSE ACQUISITION PROGRAM. 

4 (a) CONSOLIDATION OF REQUIREMENTS RELATING

5 TO ACQUISITION STRATEGY.— 

6 (1) NEW TITLE 10 SECTION.—Chapter 144 of 

7 title 10, United States Code, is amended by insert8 ing after section 2431 the following new section: 

9 ‘‘§ 2431a. Acquisition strategy 

10 ‘‘(a) REQUIREMENT.—(1) There shall be an acquisi11 tion strategy for each major defense acquisition program. 

12 The acquisition strategy for a major defense acquisition 

13 program shall be reviewed by the Milestone Decision Au14 thority for the program at each time specified in para15 graph (2). The Milestone Decision Authority may approve, 

16 disapprove, or revise the acquisition strategy at any such 

17 time. 

18 ‘‘(2) The times at which the acquisition strategy for 

19 a major defense acquisition program shall be reviewed by 

20 the Milestone Decision Authority for the program under 

21 paragraph (1) are the following: 

22 ‘‘(A) Program initiation. 

23 ‘‘(B) Each subsequent milestone. 

24 ‘‘(C) Full-Rate Production Decision Review. 


smartinez on DSK4TPTVN1PROD with BILLS
177 

•S 1118 IS

1 ‘‘(D) Any other time considered relevant by the 

2 Milestone Decision Authority. 

3 ‘‘(b) CONSIDERATIONS.—The acquisition strategy for 

4 a major defense acquisition program shall present a top5 level description of the business and technical manage6 ment approach designed to achieve the objectives of the 

7 program within the resource constraints imposed. The 

8 strategy shall clearly express the program manager’s ap9 proach to the program in sufficient detail to allow the 

10 Milestone Decision Authority to assess the viability of ap11 proach, implementation of laws and policies, and program 

12 objectives. The content and review and approval process 

13 for the acquisition strategy for a major defense acquisition 

14 program shall be issued and maintained by the Under Sec15 retary of Defense for Acquisition, Technology, and Logis16 tics; however, the acquisition strategy should consider the 

17 following: 

18 ‘‘(1) Tailoring. 

19 ‘‘(2) Acquisition approach, including industrial 

20 base considerations in accordance with section 2440 

21 of this title and, if applicable, plans for increments 

22 or evolutionary acquisition. 

23 ‘‘(3) Risk management, in accordance with sec24 tion 203 of the Weapon Systems Acquisition Reform 


smartinez on DSK4TPTVN1PROD with BILLS
178 

•S 1118 IS

1 Act of 2009 (Public Law 111–23; 10 U.S.C. 2430 

2 note). 

3 ‘‘(4) Business strategy, including measures to 

4 ensure competition in accordance with section 202 of 

5 the Weapon Systems Acquisition Reform Act of 

6 2009 (Public Law 111–23; 10 U.S.C. 2430 note). 

7 ‘‘(5) Contracting strategy, including sources, 

8 contract bundling, if applicable, and small business 

9 participation. 

10 ‘‘(6) Intellectual property strategy, in accord11 ance with section 2320 of this title. 

12 ‘‘(7) International involvement, including For13 eign Military Sales and Cooperative Opportunities, 

14 in accordance with section 2350a of this title. 

15 ‘‘(c) In this section, the term ‘Milestone Decision Au16 thority’, with respect to a major defense acquisition pro17 gram, means the official within the Department of De18 fense designated with the overall responsibility and au19 thority for acquisition decisions for the program, including 

20 authority to approve entry of the program into the next 

21 phase of the acquisition process.’’. 

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 2431 

25 the following new item: 

‘‘2431a. Acquisition strategy.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
179 

•S 1118 IS

1 (b) CONFORMING AMENDMENTS.— 

2 (1) Section 2350a(e) of such title is amended— 

3 (A) in the subsection heading, by striking 

4 ‘‘DOCUMENT’’; 

5 (B) in paragraph (1), by striking ‘‘the 

6 Under Secretary of Defense for’’ and all that 

7 follows through ‘‘of the Board’’ and inserting 

8 ‘‘opportunities for such cooperative research 

9 and development shall be addressed in the ac10 quisition strategy for the project’’; and 

11 (C) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A)— 

14 (I) by striking ‘‘document’’ and 

15 inserting ‘‘discussion’’; and 

16 (II) by striking ‘‘include’’ and in17 serting ‘‘consider’’; 

18 (ii) in subparagraph (A), by striking 

19 ‘‘A statement indicating’’; 

20 (iii) in subparagraph (B)— 

21 (I) by striking ‘‘by the Under 

22 Secretary of Defense for Acquisition, 

23 Technology, and Logistics’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
180 

•S 1118 IS

1 (II) by striking ‘‘of the United 

2 States under consideration by the De3 partment of Defense’’; and 

4 (iv) in subparagraph (D)— 

5 (I) by striking ‘‘The’’ and insert6 ing ‘‘A’’; 

7 (II) by striking ‘‘of’’ and insert8 ing ‘‘to’’; and 

9 (III) by striking ‘‘Under Sec10 retary’’ and inserting ‘‘Milestone De11 cision Authority’’. 

12 (2) Section 803 of the Bob Stump National De13 fense Authorization Act for Fiscal Year 2003 (Pub14 lic Law 107–314; 10 U.S.C. 2430 note) is repealed. 

15 SEC. 827. REVISION TO REQUIREMENTS RELATING TO RISK 

16 REDUCTION IN DEVELOPMENT OF MAJOR 

17 DEFENSE ACQUISITION PROGRAMS. 

18 Section 203 of the Weapon Systems Acquisition Re19 form Act of 2009 is amended to read as follows: 

20 ‘‘SEC. 203. RISK REDUCTION IN MAJOR DEFENSE ACQUISI21 TION PROGRAMS. 

22 ‘‘(a) GUIDANCE ON RISK REDUCTION IN MAJOR DE23 FENSE ACQUISITION PROGRAMS.—The Secretary of De24 fense shall ensure that the acquisition strategy for each 


smartinez on DSK4TPTVN1PROD with BILLS
181 

•S 1118 IS

1 major defense acquisition program for which development 

2 activities are required includes the following: 

3 ‘‘(1) A comprehensive approach to identifying 

4 and addressing risk (including technical, cost and 

5 schedule risk) during the period preceding full rate 

6 production as a means to improve programmatic de7 cisionmaking and appropriately manage program 

8 concurrency. 

9 ‘‘(2) Documentation of the major sources of 

10 risk identified and the approach to retiring that risk. 

11 ‘‘(b) ELEMENTS OF COMPREHENSIVE APPROACH TO

12 RISK REDUCTION.—The elements of a comprehensive ap13 proach to identifying and addressing risk for purposes of 

14 subsection (a)(1) shall include some combination of the 

15 following as appropriate for the item or system being ac16 quired: 

17 ‘‘(1) Development planning. 

18 ‘‘(2) Systems engineering. 

19 ‘‘(3) Integrated developmental and operational 

20 test. 

21 ‘‘(4) Preliminary and critical design reviews and 

22 technical reviews. 

23 ‘‘(5) Prototyping (including prototyping at the 

24 system or subsystem level and competitive proto25 typing, where appropriate). 


smartinez on DSK4TPTVN1PROD with BILLS
182 

•S 1118 IS

1 ‘‘(6) Modeling and simulation. 

2 ‘‘(7) Technology demonstrations and technology 

3 off ramps. 

4 ‘‘(8) Multiple design approaches. 

5 ‘‘(9) Alternative, lower risk reduced perform6 ance designs. 

7 ‘‘(10) Schedule and funding margins for spe8 cific risks. 

9 ‘‘(11) Independent risk element assessments by 

10 outside subject matter experts. 

11 ‘‘(12) Program phasing to address high risk 

12 areas as early as possible.’’. 

13 Subtitle D—Other Matters 

14 SEC. 831. EXTENSION OF THE DEPARTMENT OF DEFENSE 

15 MENTOR-PROTE ́ GE ́ PILOT PROGRAM. 

16 Section 831(j) of the National Defense Authorization 

17 Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is amend18 ed— 

19 (1) in paragraph (1), by striking ‘‘September 

20 30, 2015’’ and inserting ‘‘September 30, 2020’’; and 

21 (2) in paragraph (2), by striking ‘‘September 

22 30, 2018’’ and inserting ‘‘September 30, 2023’’. 


smartinez on DSK4TPTVN1PROD with BILLS
183 

•S 1118 IS

1 SEC. 832. STREAMLINING OF REPORTING REQUIREMENTS 

2 APPLICABLE TO ASSISTANT SECRETARY OF 

3 DEFENSE FOR RESEARCH AND ENGINEERING 

4 REGARDING MAJOR DEFENSE ACQUISITION 

5 PROGRAMS. 

6 (a) REPORTING TO UNDER SECRETARY OF DEFENSE

7 FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS BE8 FORE MILESTONE B APPROVAL.—Subparagraph (A) of 

9 paragraph (8) of section 138(b) of title 10, United States 

10 Code, as amended by section 901(h)(2) of the Carl Levin 

11 and Howard P. ‘‘Buck’’ McKeon National Defense Au12 thorization Act for Fiscal Year 2015 (Public Law 113– 

13 291; 128 Stat. YYYY), is amended— 

14 (1) by striking ‘‘periodically’’; 

15 (2) by striking ‘‘the major defense acquisition 

16 programs’’ and inserting ‘‘each major defense acqui17 sition program’’; 

18 (3) by inserting ‘‘before the Milestone B ap19 proval for that program’’ after ‘‘Department of De20 fense’’; and 

21 (4) by striking ‘‘such reviews and assessments’’ 

22 and inserting ‘‘such review and assessment’’. 

23 (b) ANNUAL REPORT TO SECRETARY OF DEFENSE

24 AND CONGRESSIONAL DEFENSE COMMITTEES.—Subpara25 graph (B) of such paragraph is amended by inserting ‘‘for 


smartinez on DSK4TPTVN1PROD with BILLS
184 

•S 1118 IS

1 which a Milestone B approval occurred during the pre2 ceding fiscal year’’ after ‘‘Department of Defense’’. 

3 SEC. 833. REVISION TO REQUIRED DISTRIBUTION OF AS4 SISTANCE UNDER PROCUREMENT TECH5 NICAL ASSISTANCE COOPERATIVE AGREE6 MENT PROGRAM. 

7 (a) MINIMUM GEOGRAPHIC DISTRIBUTION.—Section 

8 2413(c) of title 10, United States Code, is amended by 

9 striking ‘‘Department of Defense contract administration 

10 services district’’ and inserting ‘‘State’’. 

11 (b) DISTRIBUTION.—Section 2415 of such title is 

12 amended— 

13 (1) in the first sentence— 

14 (A) by striking ‘‘The Secretary’’ and in15 serting ‘‘After apportioning funds available for 

16 assistance under this chapter for any fiscal year 

17 for efficient coverage of distressed areas re18 ferred to in section 2411(2)(B) of this title by 

19 programs operated by eligible entities referred 

20 to in section 2411(1)(D) of this title, the Sec21 retary’’; 

22 (B) by inserting ‘‘the remaining’’ before 

23 ‘‘funds available’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
185 

•S 1118 IS

1 (C) by striking ‘‘Department of Defense 

2 contract administration services district’’ and 

3 inserting ‘‘State’’; and 

4 (2) in the second sentence— 

5 (A) by striking ‘‘district’’ each place it ap6 pears and inserting ‘‘State’’; and 

7 (B) by striking ‘‘districts’’ and inserting 

8 ‘‘States’’. 

9 SEC. 834. EXPANSION OF RAPID ACQUISITION AUTHORITY. 

10 Section 806(c) 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 to read as follows: 

13 ‘‘(c) RESPONSE TO COMBAT EMERGENCIES AND

14 CERTAIN URGENT OPERATIONAL NEEDS.— 

15 ‘‘(1) DETERMINATION OF NEED FOR RAPID AC16 QUISITION AND DEPLOYMENT.—(A) In the case of 

17 any supplies and associated support services that, as 

18 determined in writing by the Secretary of Defense, 

19 are urgently needed to eliminate a documented defi20 ciency that has resulted in combat casualties, or is 

21 likely to result in combat casualties, the Secretary 

22 may use the procedures developed under this section 

23 in order to accomplish the rapid acquisition and de24 ployment of the needed supplies and associated sup25 port services. 


smartinez on DSK4TPTVN1PROD with BILLS
186 

•S 1118 IS

1 ‘‘(B) In the case of any supplies and associated 

2 support services that, as determined in writing by 

3 the Secretary of Defense, are urgently needed to 

4 eliminate a documented deficiency that impacts an 

5 ongoing or anticipated contingency operation and 

6 that, if left unfulfilled, could potentially result in 

7 loss of life or critical mission failure, the Secretary 

8 may use the procedures developed under this section 

9 in order to accomplish the rapid acquisition and de10 ployment of the needed supplies and associated sup11 port services. 

12 ‘‘(2) DESIGNATION OF SENIOR OFFICIAL RE13 SPONSIBLE.—(A) Whenever the Secretary makes a 

14 determination under subparagraph (A) or (B) of 

15 paragraph (1) that certain supplies and associated 

16 support services are urgently needed to eliminate a 

17 deficiency described in that subparagraph, the Sec18 retary shall designate a senior official of the Depart19 ment of Defense to ensure that the needed supplies 

20 and associated support services are acquired and de21 ployed as quickly as possible, with a goal of award22 ing a contract for the acquisition of the supplies and 

23 associated support services within 15 days. 

24 ‘‘(B) Upon designation of a senior official under 

25 subparagraph (A), the Secretary shall authorize that 


smartinez on DSK4TPTVN1PROD with BILLS
187 

•S 1118 IS

1 official to waive any provision of law, policy, direc2 tive, or regulation described in subsection (d) that 

3 such official determines in writing would unneces4 sarily impede the rapid acquisition and deployment 

5 of the needed supplies and associated support serv6 ices. In a case in which the needed supplies and as7 sociated support services cannot be acquired without 

8 an extensive delay, the senior official shall require 

9 that an interim solution be implemented and de10 ployed using the procedures developed under this 

11 section to minimize adverse consequences resulting 

12 in the urgent need. 

13 ‘‘(3) USE OF FUNDS.—(A) In any fiscal year in 

14 which the Secretary makes a determination de15 scribed in subparagraph (A) or (B) of paragraph 

16 (1), the Secretary may use any funds available to 

17 the Department of Defense for acquisitions of sup18 plies and associated support services if the deter19 mination includes a written finding that the use of 

20 such funds is necessary to address the deficiency in 

21 a timely manner. 

22 ‘‘(B) The authority of this section may only be 

23 used to acquire supplies and associated support serv24 ices— 


smartinez on DSK4TPTVN1PROD with BILLS
188 

•S 1118 IS

1 ‘‘(i) in the case of determinations by the 

2 Secretary under paragraph (1)(A), in an 

3 amount aggregating not more than 

4 $200,000,000 during any fiscal year; and 

5 ‘‘(ii) in the case of determinations by the 

6 Secretary under paragraph (1)(B), in an 

7 amount aggregating not more than 

8 $200,000,000 during any fiscal year. 

9 ‘‘(4) NOTIFICATION TO CONGRESSIONAL DE10 FENSE COMMITTEES.—(A) In the case of a deter11 mination by the Secretary under paragraph (1)(A), 

12 the Secretary shall notify the congressional defense 

13 committees of the determination within 15 days 

14 after the date of the determination. 

15 ‘‘(B) In the case of a determination by the Sec16 retary under paragraph (1)(B) the Secretary shall 

17 notify the congressional defense committees of the 

18 determination at least 10 days before the date on 

19 which the determination is effective. 

20 ‘‘(C) A notice under this paragraph shall in21 clude the following: 

22 ‘‘(i) The supplies and associated support 

23 services to be acquired. 

24 ‘‘(ii) The amount anticipated to be ex25 pended for the acquisition. 


smartinez on DSK4TPTVN1PROD with BILLS
189 

•S 1118 IS

1 ‘‘(iii) The source of funds for the acquisi2 tion. 

3 ‘‘(D) A notice under this paragraph shall be 

4 sufficient to fulfill any requirement to provide notifi5 cation to Congress for a new start program. 

6 ‘‘(E) A notice under this paragraph shall be 

7 provided in consultation with the Director of the Of8 fice of Management and Budget. 

9 ‘‘(5) TIME FOR TRANSITIONING TO NORMAL AC10 QUISITION SYSTEM.—Any acquisition initiated under 

11 this subsection shall transition to the normal acqui12 sition system not later than two years after the date 

13 on which the Secretary makes the determination de14 scribed in paragraph (1) with respect to the supplies 

15 and associated support services concerned. 

16 ‘‘(6) LIMITATION ON OFFICERS WITH AUTHOR17 ITY TO MAKE A DETERMINATION.—The authority to 

18 make a determination under paragraph (1)(A) or 

19 paragraph (1)(B) may be exercised only by the Sec20 retary or Deputy Secretary of Defense.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
190 

•S 1118 IS

1 SEC. 835. MODIFICATION OF PROHIBITION ON CON2 TRACTING WITH RUSSIAN SUPPLIERS OF 

3 ROCKET ENGINES FOR THE EVOLVED EX4 PENDABLE LAUNCH VEHICLE PROGRAM. 

5 (a) MODIFICATION OF WAIVER.—Subsection (b) of 

6 section 1608 of the Carl Levin and Howard P. ‘‘Buck’’ 

7 McKeon National Defense Authorization Act for Fiscal 

8 Year 2015 (Public Law 113–291; 128 Stat. xxx; 10 

9 U.S.C. 2271 note) is amended— 

10 (1) by striking ‘‘waiver takes effect’’ and all 

11 that follows through ‘‘(1) the waiver’’ and inserting 

12 ‘‘waiver takes effect, that the waiver’’; 

13 (2) by striking ‘‘; and’’ and inserting a period; 

14 and 

15 (3) by striking paragraph (2). 

16 (b) MODIFICATION OF EXCEPTION.—Subsection (c) 

17 of such section is amended— 

18 (1) in paragraph (1)— 

19 (A) by striking ‘‘that prior to’’ and insert20 ing ‘‘if prior to’’; and 

21 (B) by striking ‘‘were either fully paid for’’ 

22 and all that follows through the end of the sen23 tence and inserting ‘‘the contractor had fully 

24 paid for such rocket engines or had entered into 

25 a contract under which such rocket engines 

26 would be procured.’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
191 

•S 1118 IS

1 (2) in paragraph (2), by striking ‘‘prior to Feb2 ruary 1, 2014’’ and all that follows through the end 

3 of the sentence and inserting ‘‘the offeror has met 

4 the terms specified in subparagraph (B) of para5 graph (1) for the exception under that subpara6 graph.’’. 

7 SEC. 836. TREATMENT OF LOBBYING AND POLITICAL AC8 TIVITY COSTS AS ALLOWABLE COSTS UNDER 

9 DEPARTMENT OF ENERGY CONTRACTS. 

10 (a) ALLOWABLE COSTS.— 

11 (1) Section 4801(b) of the Atomic Energy De12 fense Act (50 U.S.C. 2781(b)) is amended— 

13 (A) by striking ‘‘(1)’’ and all that follows 

14 through ‘‘the Secretary’’ and inserting ‘‘The 

15 Secretary’’; and 

16 (B) by striking paragraph (2). 

17 (2) Section 305 of the Energy and Water De18 velopment Appropriation Act, 1988, as contained in 

19 section 101(d) of Public Law 100–202 (101 Stat. 

20 1329–125), is repealed. 

21 (b) REGULATIONS REVISED.—The Secretary of En22 ergy shall revise existing regulations consistent with the 

23 amendments made by subsection (a) no later than 150 

24 days after the date of the enactment of this Act. Such 


smartinez on DSK4TPTVN1PROD with BILLS
192 

•S 1118 IS

1 regulations shall be consistent with the Federal Acquisi2 tion Regulation 48 C.F.R. 31.205–22. 

3 SEC. 837. REVISIONS TO THE STRATEGIC AND CRITICAL 

4 MATERIALS STOCK PILING ACT. 

5 (a) MATERIALS CONSTITUTING THE NATIONAL DE6 FENSE STOCKPILE.—Section 4 of the Strategic and Crit7 ical Materials Stock Piling Act (50 U.S.C. 98c) is amend8 ed— 

9 (1) in subsection (b), by striking ‘‘required for’’ 

10 and inserting ‘‘suitable for transfer to or disposal 

11 through’’; and 

12 (2) in subsection (c)— 

13 (A) by striking ‘‘(1)’’ and all the follows 

14 through ‘‘(2)’’; and 

15 (B) by striking ‘‘this subsection’’ and in16 serting ‘‘subsection (b)’’. 

17 (b) QUALIFICATION OF DOMESTIC SOURCES.—Sec18 tion 15(a) of such Act (50 U.S.C. 98h–6(a)) is amended— 

19 (1) by striking ‘‘and’’ at the end of paragraph 

20 (1); 

21 (2) by striking the period at the end of para22 graph (2) and inserting a semicolon; and 

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

24 paragraphs: 


smartinez on DSK4TPTVN1PROD with BILLS
193 

•S 1118 IS

1 ‘‘(3) by qualifying existing domestic facilities 

2 and domestically produced strategic and critical ma3 terials to meet the requirements of defense and es4 sential civilian industries in times of national emer5 gencies when existing domestic sources of supply are 

6 either insufficient or vulnerable to single points of 

7 failure; and 

8 ‘‘(4) by contracting with domestic facilities to 

9 recycle strategic and critical materials, thereby in10 creasing domestic supplies when those materials 

11 would otherwise be insufficient to support defense 

12 and essential civilian industries in times of national 

13 emergencies.’’. 

14 SEC. 838. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS 

15 FROM AND TO ACQUIRE ADDITIONAL MATE16 RIALS FOR THE NATIONAL DEFENSE STOCK17 PILE. 

18 (a) DISPOSAL AUTHORITY.—Pursuant to section 5(b) 

19 of the Strategic and Critical Materials Stock Piling Act 

20 (50 U.S.C. 98d(b)), the National Defense Stockpile Man21 ager may dispose of the following materials contained in 

22 the National Defense Stockpile in the following quantities: 

23 (1) 27 short tons of beryllium. 

24 (2) 131,000 short tons of chromium, ferroalloy. 

25 (3) 2,973 short tons of chromium metal. 


smartinez on DSK4TPTVN1PROD with BILLS
194 

•S 1118 IS

1 (4) 8,380 troy ounces of platinum. 

2 (5) 275,741 pounds of contained tungsten 

3 metal powder. 

4 (6) 12,433,796 pounds of contained tungsten 

5 ores and concentrates. 

6 (b) ACQUISITION AUTHORITY.— 

7 (1) AUTHORITY.—Using funds available in the 

8 National Defense Stockpile Transaction Fund, the 

9 National Defense Stockpile Manager may acquire 

10 the following materials determined to be strategic 

11 and critical materials required to meet the defense, 

12 industrial, and essential civilian needs of the United 

13 States: 

14 (A) High modulus and intermediate mod15 ulus high strength carbon fibers. 

16 (B) Tantalum. 

17 (C) Germanium metal. 

18 (D) Tungsten rhenium metal. 

19 (E) Boron carbide powder. 

20 (2) AMOUNT OF AUTHORITY.—The National 

21 Defense Stockpile Manager may use up to 

22 $58,000,000 in the National Defense Stockpile 

23 Transaction Fund for acquisition of the materials 

24 specified paragraph (1). 


smartinez on DSK4TPTVN1PROD with BILLS
195 

•S 1118 IS

1 (3) FISCAL YEAR LIMITATION.—The authority 

2 under paragraph (1) is available for purchases dur3 ing fiscal year 2016 through fiscal year 2021. 

4 SEC. 839. EXTENSION OF AUTHORITY FOR THE CIVILIAN 

5 ACQUISITION WORKFORCE PERSONNEL DEM6 ONSTRATION PROJECT. 

7 Section 1762(g) of title 10, United States Code, is 

8 amended by striking ‘‘September 30, 2017’’ and inserting 

9 ‘‘December 31, 2020’’. 

10 SEC. 840. EXTENSION OF SPECIAL EMERGENCY PROCURE11 MENT AUTHORITY. 

12 Section 1903(a) of title 41, United States Code, is 

13 amended— 

14 (1) by striking ‘‘or’’ at the end of paragraph 

15 (1); 

16 (2) by striking the period at the end of para17 graph (2) and inserting a semicolon; and 

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

19 paragraphs: 

20 ‘‘(3) in support of a request from the Secretary 

21 of State or the Administrator of the Agency for 

22 International Development to facilitate the provision 

23 of international disaster assistance pursuant to the 

24 Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 

25 seq.); or 


smartinez on DSK4TPTVN1PROD with BILLS
196 

•S 1118 IS

1 ‘‘(4) in support of an emergency or major dis2 aster (as those terms are defined in section 102 of 

3 the Robert T. Stafford Disaster Relief and Emer4 gency Assistance Act (42 U.S.C. 5122)).’’. 

5 SEC. 841. MICRO-PURCHASE THRESHOLD APPLICABLE TO 

6 GOVERNMENT PROCUREMENTS. 

7 (a) INCREASE IN THRESHOLD.—Section 1902 of title 

8 41, United States Code, is amended— 

9 (1) in subsection (a), by striking ‘‘$3,000’’ and 

10 inserting ‘‘$10,000’’; and 

11 (2) in subsections (d) and (e), by striking ‘‘not 

12 greater than $3,000’’ and inserting ‘‘with a price 

13 not greater than the micro-purchase threshold’’. 

14 (b) OMB GUIDANCE.—The Director of the Office of 

15 Management and Budget shall update the guidance in Cir16 cular A–123, Appendix B, as appropriate, to ensure that 

17 agencies— 

18 (1) follow sound acquisition practices when 

19 making purchases using the Government purchase 

20 card; and 

21 (2) maintain internal controls that reduce the 

22 risk of fraud, waste, and abuse in Government 

23 charge card programs. 

24 (c) CONVENIENCE CHECKS.—A convenience check 

25 may not be used for an amount in excess of one half of 


smartinez on DSK4TPTVN1PROD with BILLS
197 

•S 1118 IS

1 the micro-purchase threshold under section 1902(a) of 

2 title 41, United States Code, or a lower amount set by 

3 the head of the agency, and use of convenience checks 

4 shall comply with controls prescribed in OMB Circular A– 

5 123, Appendix B. 

6 SEC. 842. INCREASE IN SIMPLIFIED ACQUISITION THRESH7 OLD AND IN SMALL BUSINESS SET-ASIDE 

8 THRESHOLD. 

9 (a) SIMPLIFIED ACQUISITION THRESHOLD.— 

10 (1) GENERAL THRESHOLD.—Section 134 of 

11 title 41, United States Code, is amended by striking 

12 ‘‘$100,000’’ and inserting ‘‘$500,000’’. 

13 (2) SPECIAL EMERGENCY PROCUREMENT AU14 THORITY DOMESTIC THRESHOLD.—Section 

15 1903(b)(2) of such title is amended by striking 

16 ‘‘means—’’ and all that follows in that section and 

17 inserting ‘‘means $1,000,000; and’’. 

18 (b) SMALL BUSINESS ACT SET-ASIDE THRESH19 OLD.—Section 15(j) of the Small Business Act (15 U.S.C. 

20 644(j)), is amended— 

21 (1) in paragraph (1), by striking ‘‘$100,000’’ 

22 and inserting ‘‘$500,000’’; and 

23 (2) in paragraph (3), by striking ‘‘$100,000’’ 

24 and inserting ‘‘$500,000’’. 


smartinez on DSK4TPTVN1PROD with BILLS
198 

•S 1118 IS

1 SEC. 843. INNOVATION SET ASIDE PROGRAM. 

2 (a) IN GENERAL.—The Director of the Office of 

3 Management and Budget may, in consultation with the 

4 Administrator of the Small Business Administration, con5 duct a pilot program to increase the participation of new, 

6 innovative entities in Federal contracting through the use 

7 of innovation set-asides. 

8 (b) AUTHORITY.—Notwithstanding the competition 

9 requirements in chapter 33 of title 41, United States 

10 Code, and the set-aside requirements in section 15 of the 

11 Small Business Act (15 U.S.C. 644), a Federal agency, 

12 with the concurrence of the Director, may set aside a con13 tract award to one or more new entrant contractors. The 

14 Director shall consult with the Administrator prior to pro15 viding concurrence to the agency. 

16 (c) CONDITIONS FOR USE.—The authority provided 

17 in subsection (b) may be used under the following condi18 tions: 

19 (1) The agency has a requirement for new 

20 methods, processes, or technologies, which may in21 clude research and development, or new applications 

22 of existing methods, processes or technologies, to im23 prove quality, reduce costs, or both. 

24 (2) Based on market research, the agency has 

25 determined that the requirement cannot be easily 

26 provided through an existing Federal contract. 


smartinez on DSK4TPTVN1PROD with BILLS
199 

•S 1118 IS

1 (3) The agency intends either to make an 

2 award to a small business concern or to give special 

3 consideration to a small business concern before 

4 making an award to other than a small business. 

5 (4) The length of the resulting contract will not 

6 exceed 2 years. 

7 (d) NUMBER OF PILOTS.—The Director may author8 ize the use of up to 25 innovation set-asides acquisitions. 

9 (e) AWARD AMOUNT.— 

10 (1) Except as provided in paragraph (2), the 

11 amount of an award under the pilot program under 

12 this section may not exceed $2,000,000 (including 

13 any options). 

14 (2) The Director may authorize not more than 

15 5 set-asides with an award amount greater than 

16 $2,000,000 but not greater than $5,000,000 (includ17 ing any options). 

18 (f) GUIDANCE AND REPORTING.— 

19 (1) The Director shall issue guidance, as nec20 essary, to implement the pilot program under this 

21 section. 

22 (2) Within 3 years after the date of enactment 

23 of this Act, the Director, in consultation with the 

24 Administrator, shall submit to Congress a report in25 cluding the following: 


smartinez on DSK4TPTVN1PROD with BILLS
200 

•S 1118 IS

1 (A) The number of awards made under the 

2 authority of this section. 

3 (B) For each award— 

4 (i) the agency that made the award; 

5 (ii) the amount of the award; and 

6 (iii) a brief description of the award, 

7 including the nature of the requirement 

8 and the innovation produced from the 

9 award (or expected if contract performance 

10 is not completed). 

11 (g) SUNSET.—The authority to award an innovation 

12 set-aside under this section shall terminate on December 

13 31, 2019. 

14 (h) DEFINITION.—For purposes of this section, the 

15 term ‘‘new entrant contractor’’, with respect to any con16 tract under the program, means an entity that has not 

17 been awarded a contract directly by the Federal Govern18 ment within the 5-year period ending on the date on which 

19 a solicitation for that contract is issued under the pro20 gram. 


smartinez on DSK4TPTVN1PROD with BILLS
201 

•S 1118 IS

1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 SEC. 901. REORGANIZATION AND REDESIGNATION OF OF5 FICE OF FAMILY POLICY AND OFFICE OF 

6 COMMUNITY SUPPORT FOR MILITARY FAMI7 LIES WITH SPECIAL NEEDS. 

8 (a) OFFICE OF FAMILY POLICY.— 

9 (1) REDESIGNATION AS OFFICE OF MILITARY

10 FAMILY READINESS POLICY.—Section 1781(a) of 

11 title 10, United States Code, is amended— 

12 (A) by striking ‘‘Office of Family Policy’’ 

13 and inserting ‘‘Office of Military Family Readi14 ness Policy’’; and 

15 (B) by striking ‘‘Director of Family Pol16 icy’’ and inserting ‘‘Director of Military Family 

17 Readiness Policy’’. 

18 (2) REQUIREMENT FOR DIRECTOR TO BE MEM19 BER OF THE SENIOR EXECUTIVE SERVICE OR A GEN20 ERAL OF FLAG OFFICER.—Such section is further 

21 amended by adding at the end the following new 

22 sentence: ‘‘The Director shall be a member of the 

23 Senior Executive Service or a general officer or flag 

24 officer.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
202 

•S 1118 IS

1 (3) INCLUSION OF DIRECTOR ON MILITARY

2 FAMILY READINESS COUNCIL.—Section 

3 1781a(b)(1)(E) of such title is amended by striking 

4 ‘‘Office of Community Support for Military Families 

5 with Special Needs’’ and inserting ‘‘Office of Mili6 tary Family Readiness Policy’’. 

7 (4) CONFORMING AMENDMENT.—Section 

8 131(b)(7)(F) of such title is amended by striking 

9 ‘‘Director of Family Policy’’ and inserting ‘‘Director 

10 of Military Family Readiness Policy’’. 

11 (5) REVISED SECTION HEADING.— 

12 (A) REVISED HEADING.—The heading of 

13 section 1781 of such title is amended to read as 

14 follows: 

15 ‘‘§ 1781. Office of Military Family Readiness Policy’’. 

16 (B) CLERICAL AMENDMENT.—The item re17 lating to section 1781 in the table of sections 

18 at the beginning of chapter 88 of such title is 

19 amended to read as follows: 

‘‘1781. Office of Military Family Readiness Policy.’’. 

20 (b) OFFICE OF COMMUNITY SUPPORT FOR MILITARY

21 FAMILIES WITH SPECIAL NEEDS.— 

22 (1) REORGANIZATION UNDER THE OFFICE OF

23 MILITARY FAMILY READINESS POLICY.—Subsection 

24 (a) of section 1781c of such title is amended by 

25 striking ‘‘Office of the Under Secretary of Defense 


smartinez on DSK4TPTVN1PROD with BILLS
203 

•S 1118 IS

1 for Personnel and Readiness’’ and inserting ‘‘Office 

2 of Military Readiness Policy’’. 

3 (2) REDESIGNATION AS OFFICE OF SPECIAL

4 NEEDS.—Such section is amended— 

5 (A) in subsection (a), by striking ‘‘Office 

6 of Community Support for Military Families 

7 with Special Needs’’ and inserting ‘‘Office of 

8 Special Needs’’; and 

9 (B) in the heading, by striking ‘‘Office 

10 of Community Support for Military 

11 Families with Special Needs’’ and in12 serting ‘‘Office of Special Needs’’. 

13 (3) REPEAL OF REQUIREMENT FOR HEAD OF

14 OFFICE TO BE MEMBER OF SENIOR EXECUTIVE

15 SERVICE OR A GENERAL OR FLAG OFFICER.—Such 

16 section is further amended by striking subsection 

17 (c). 

18 (4) CLERICAL AMENDMENT.—The item relating 

19 to section 1781c in the table of sections at the be20 ginning of chapter 88 of such title is amended to 

21 read as follows: 

‘‘1781c. Office of Special Needs.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
204 

•S 1118 IS

1 SEC. 902. CHANGE OF PERIOD FOR CHAIRMAN OF THE 

2 JOINT CHIEFS OF STAFF REVIEW OF THE 

3 UNIFIED COMMAND PLAN TO NOT LESS THAN 

4 EVERY FOUR YEARS. 

5 Section 161(b)(1) of title 10, United States Code, is 

6 amended by striking ‘‘two years’’ and inserting ‘‘four 

7 years’’. 

8 SEC. 903. UPDATE OF STATUTORY SPECIFICATION OF 

9 FUNCTIONS OF THE CHAIRMAN OF THE 

10 JOINT CHIEFS OF STAFF RELATING TO AD11 VICE ON REQUIREMENTS, PROGRAMS, AND 

12 BUDGET. 

13 Section 153(a)(4) of title 10, United States Code, is 

14 amended by adding at the end the following new subpara15 graph: 

16 ‘‘(H) Advising the Secretary on development of 

17 joint command, control, communications, and cyber 

18 capability, including integration and interoperability 

19 of such capability, through requirements, integrated 

20 architectures, data standards, and assessments.’’. 

21 SEC. 904. STATUTORY STREAMLINING TO ENABLE DEFENSE 

22 COMMISSARY AGENCY TO BECOME PAR23 TIALLY SELF-SUSTAINING. 

24 (a) PURPOSE OF THE COMMISSARY SYSTEM.—Sec25 tion 2481 of title 10, United States Code, is amended— 


smartinez on DSK4TPTVN1PROD with BILLS
205 

•S 1118 IS

1 (1) in subsection (a), by striking ‘‘, at reduced 

2 prices,’’; 

3 (2) in subsection (b)— 

4 (A) by inserting ‘‘each’’ before ‘‘intended’’; 

5 and 

6 (B) by inserting ‘‘and provide access to 

7 products for’’ after ‘‘life of’’; and 

8 (3) by striking subsection (d). 

9 (b) CRITERIA FOR ESTABLISHMENT OR CLOSURE OF

10 COMMISSARY STORES.— 

11 (1) CRITERIA FOR ESTABLISHMENT.—Sub12 section (a) of section 2482 of such title is amend13 ed— 

14 (A) by inserting ‘‘(1)’’ after ‘‘ESTABLISH15 MENT.—’’; 

16 (B) by redesignating paragraphs (1) and 

17 (2) as subparagraphs (A) and (B), respectively; 

18 (C) in subparagraph (A), as so redesig19 nated, by inserting ‘‘outside the United States’’ 

20 after ‘‘commissary store’’; and 

21 (D) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2) The feasibility of cost recovery shall be the pri24 mary consideration whenever the Secretary of Defense— 


smartinez on DSK4TPTVN1PROD with BILLS
206 

•S 1118 IS

1 ‘‘(A) assesses the need to establish a com2 missary store in the United States; and 

3 ‘‘(B) selects the actual location for the store.’’. 

4 (2) CRITERIA FOR CLOSURE.—Paragraph (1) of 

5 subsection (c) of such section is amended by striking 

6 ‘‘Whenever assessing’’ and all that follows and in7 serting ‘‘Whenever the Secretary of Defense is as8 sessing whether to close a commissary store, the fol9 lowing shall be primary considerations in such as10 sessment: 

11 ‘‘(A) The extent by which the operation of the 

12 commissary store is able to recover costs. 

13 ‘‘(B) The effect of the closure on the quality of 

14 life of members of the armed forces on active duty 

15 and their dependents who use the store and on the 

16 welfare and security of the military community in 

17 which the commissary is located.’’. 

18 (d) FINANCING OF COMMISSARY SYSTEM OPERATING

19 EXPENSES AND INVENTORIES.— 

20 (1) IN GENERAL.—Section 2483 of such title is 

21 amended to read as follows: 


smartinez on DSK4TPTVN1PROD with BILLS
207 

•S 1118 IS

1 ‘‘§ 2483. Commissary stores: use of defense working 

2 capital funds to cover operating expenses 

3 and to finance resale inventories 

4 ‘‘(a) OPERATION OF AGENCY AND SYSTEM.—Except 

5 as otherwise provided in this title, working capital funds 

6 established under section 2208 of this title shall be used 

7 to fund the operations and merchandise resale inventories 

8 of the defense commissary system. Those working capital 

9 funds shall be credited with such amounts as are appro10 priated for such purposes and with receipts described in 

11 subsections (d) and (e). 

12 ‘‘(b) OPERATING EXPENSES.—Working capital funds 

13 established under section 2208 of this title shall be used 

14 to finance operating expenses of the defense commissary 

15 system and the acquisition of merchandise resale inven16 tories. Operating expenses of the defense commissary sys17 tem include the following: 

18 ‘‘(1) Salaries and wages of employees of the 

19 United States, host nations, and contractors sup20 porting commissary store operations. 

21 ‘‘(2) Utilities. 

22 ‘‘(3) Communications. 

23 ‘‘(4) Operating services. 

24 ‘‘(5) Advertising. 

25 ‘‘(6) Any cost associated with above-store-level 

26 management or other indirect support of a comVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
208 

•S 1118 IS

1 missary store or a central product processing facil2 ity, including equipment maintenance and informa3 tion technology costs. 

4 ‘‘(c) TRANSPORTATION COSTS.—Appropriated funds 

5 may be used to pay any costs associated with the transpor6 tation of commissary goods and supplies to overseas areas, 

7 but only to the extent that the working capital fund for 

8 commissary operations is reimbursed for the payment of 

9 such costs. The sales prices in commissary stores world10 wide shall be adjusted in an equal percentage to the extent 

11 necessary to provide sufficient gross revenues from such 

12 sales to make such reimbursements. 

13 ‘‘(d) FUNDING OF COMMISSARY OPERATIONS.—(1) 

14 The defense commissary system shall be managed with the 

15 objectives of attaining— 

16 ‘‘(A) uniform system-wide pricing; and 

17 ‘‘(B) a proportional allocation of funding 

18 sources for operating expenses. 

19 ‘‘(2) The Secretary of Defense shall seek to achieve 

20 the objective of attaining a proportional allocation of fund21 ing sources for operating expenses for the defense com22 missary system as follows: 

23 ‘‘(A) The Secretary shall prepare an estimation 

24 of the portion of the total operating expenses for the 

25 defense commissary system that are allocable to opVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
209 

•S 1118 IS

1 erations overseas and at commissaries within the 

2 United States that are designated by the Secretary 

3 for appropriated fund support. 

4 ‘‘(B) The portion of operating expenses esti5 mated under subparagraph (A) shall be programmed 

6 to be financed through annual appropriations for de7 fense working capital funds. 

8 ‘‘(C) The estimation of the remaining portion of 

9 operating expenses for the defense commissary sys10 tem shall be financed as described in paragraph (3) 

11 and shall be used to establish prices for commissary 

12 merchandise and services consistent with the objec13 tive of attaining uniform system-wide pricing. 

14 ‘‘(3) The portion of operating expenses for the de15 fense commissary system that are not financed from ap16 propriations for defense working capital funds shall be fi17 nanced from receipts from the following (and from the ex18 ercise of authority provided by section 2208 of this title): 

19 ‘‘(A) The sale of products. 

20 ‘‘(B) The sale of services. 

21 ‘‘(e) FUNDING OF MERCHANDISE RESALE INVEN22 TORIES.—Prices established for resale merchandise shall 

23 include amounts sufficient to finance replenishment of in24 ventories.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
210 

•S 1118 IS

1 (2) CLERICAL AMENDMENT.—The item relating 

2 to such section in the table of sections at the begin3 ning of subchapter I of chapter 147 of such title is 

4 amended to read as follows: 

‘‘2483. Commissary stores: use of defense working capital funds to cover operating expenses and to finance resale inventories.’’. 

5 (f) MERCHANDISE AND PRICING.—Section 2484 of 

6 such title is amended— 

7 (1) by striking subsection (g); 

8 (2) by redesignating subsection (h) as sub9 section (g); 

10 (3) by amending subsections (a) through (c) to 

11 read as follows: 

12 ‘‘(a) IN GENERAL.—Commissary stores are intended 

13 to be similar to commercial supermarkets and, except for 

14 distilled spirits, may as described in regulations issued by 

15 the Secretary of Defense, sell all merchandise and provide 

16 services similar to the merchandise sold and the services 

17 provided in commercial supermarkets. A product or service 

18 may be sold in, at, or by a commissary store only if the 

19 product or service is commissary store inventory or is au20 thorized for sale by a third party under an agreement or 

21 contract with the Defense Commissary Agency. 

22 ‘‘(b) FEE FOR SERVICES.—The Secretary of Defense 

23 may apply an additional user fee for services provided to 

24 commissary customers on orders of merchandise sold in 


smartinez on DSK4TPTVN1PROD with BILLS
211 

•S 1118 IS

1 commissary stores by electronic or mobile commerce meth2 ods commonly used in the retail supermarket sector. 

3 ‘‘(c) FEE ASSESSED ON SINGLE USE CARRYOUT

4 BAGS.—(1) Notwithstanding any other fee or surcharge 

5 imposed by this chapter a ten cent charge shall be imposed 

6 on each single use carryout bag provided to a customer. 

7 A ‘single use carryout bag’ means a paper or plastic bag 

8 provided to a customer at the point of sale and intended 

9 for a single use for carrying tangible personal property 

10 purchased. A single use carryout bag shall not include 

11 bags used by customers inside stores, including those— 

12 ‘‘(A) for loose bulk items such as produce, nuts, 

13 candy, meat, or fish; 

14 ‘‘(B) for unwrapped prepared foods such as 

15 bakery goods; 

16 ‘‘(C) for flowers, potted plants or other items 

17 where dampness may be a problem; or 

18 ‘‘(D) to prevent damage to a good or contami19 nation of other goods placed together in the same 

20 bag. 

21 ‘‘(2) The provision of subsection (d) does not apply 

22 to the charge for single use carryout bags. No charge shall 

23 be assessed on a customer’s own reusable carryout bag 

24 brought into the store and used to carry purchased items 

25 from the store. The proceeds from the charge for single 


smartinez on DSK4TPTVN1PROD with BILLS
212 

•S 1118 IS

1 use carryout bags shall be deposited to the defense work2 ing capital fund and used as provided in section 

3 2483(d)(3) of this title.’’; 

4 (4) by amending subsection (e) to read as fol5 lows: 

6 ‘‘(e) SALES PRICE ESTABLISHMENT.—The Secretary 

7 of Defense shall establish the sales price of merchandise 

8 sold in, at, or by commissary stores in amounts sufficient 

9 to finance operating expenses as prescribed in section 

10 2483(b) of this title and the replenishment of inven11 tories.’’; and 

12 (5) in subsection (g), as redesignated by para13 graph (2)— 

14 (A) by striking ‘‘AND’’ in the title and in15 serting ‘‘AND THE PURCHASE OF OPERATING

16 SUPPLIES’’ after ‘‘MAINTENANCE’’; 

17 (B) in paragraph (1)(A)— 

18 (i) by striking ‘‘and’’ at the end of 

19 clause (i); 

20 (ii) by striking the period at the end 

21 of clause (ii) and inserting ‘‘; and’’; and 

22 (iii) by adding at the end the fol23 lowing new clause: 

24 ‘‘(iii) to purchase operating supplies for com25 missary stores.’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
213 

•S 1118 IS

1 (C) in paragraph (2)(A)— 

2 (i) by inserting ‘‘the Defense Com3 missary Agency or’’ after ‘‘authorize’’; and 

4 (ii) by inserting before the period at 

5 the end the following: ‘‘or authorize the 

6 Defense Commissary Agency to be reim7 bursed by a nonappropriated fund instru8 mentality for the portion of the cost of the 

9 contract that is attributable to construc10 tion of a nonappropriated fund facility’’. 

11 (g) OPERATION OF COMMISSARIES.—Section 2485 of 

12 such title is amended— 

13 (1) by striking subsection (d); 

14 (2) by redesignating subsections (e), (f), (g), 

15 and (h) as subsections (d), (e), (f), and (g), respec16 tively; 

17 (3) by amending subsection (a) to read as fol18 lows: 

19 ‘‘(a) OPERATION BY PRIVATE PERSONS.— 

20 ‘‘(1) AUTHORITY.—When patron savings can be 

21 improved, or operating costs reduced, the Secretary 

22 of Defense may contract with private persons to op23 erate selected commissary store functions. 


smartinez on DSK4TPTVN1PROD with BILLS
214 

•S 1118 IS

1 ‘‘(2) LIMITATION.—The following functions 

2 may not be contracted for operation by a private 

3 person under paragraph (1): 

4 ‘‘(A) Functions relating to the procure5 ment of products to be sold in a commissary 

6 store, except for a full or substantially full 

7 product line acquired for resale from a whole8 saler, distributor, or similar vendor. 

9 ‘‘(B) Functions relating to the overall 

10 management of a commissary system or the 

11 management of a commissary store. 

12 ‘‘(3) PERFORMANCE OF FUNCTIONS EXCLUDED

13 FROM PERFORMANCE BY PRIVATE PERSONS.—Func14 tions specified in paragraph (2) shall be carried out 

15 by personnel of the Department of Defense under 

16 regulations approved by the Secretary of Defense. 

17 ‘‘(4) DEMONSTRATION PROJECT.—The Sec18 retary of Defense may conduct a demonstration 

19 project in accordance with this section, in no more 

20 than two regions in the United States selected by 

21 the Secretary, for purpose of testing the viability of 

22 the Defense Commissary Agency using a contractor 

23 to order, receive, service, and manage the produce 

24 departments in military commissaries as part of a 

25 contract for produce items. All products covered by 


smartinez on DSK4TPTVN1PROD with BILLS
215 

•S 1118 IS

1 this project would be provided and owned by the 

2 contractor until such time as the product is sold. 

3 ‘‘(5) DEMONSTRATION PROJECT PROCUREMENT

4 PROCEDURES.—As part of the demonstration project 

5 under paragraph (4), the Secretary of Defense may 

6 conduct a competition in which there is a provision 

7 in contract solicitations and request for proposal 

8 documents to— 

9 ‘‘(A) obtain a reliable, effective contractor 

10 provided workforce, in lieu of Government em11 ployees, to order, receive, service and manage a 

12 commissary produce department; and 

13 ‘‘(B) for a base period of not less than two 

14 years, with a further provision for not more 

15 than three one-year option periods. 

16 ‘‘(6) EVALUATION OF DEMONSTRATION

17 PROJECT.—The Secretary shall evaluate the dem18 onstration project for the following: 

19 ‘‘(A) The costs and benefits of including 

20 contractor provided labor in the cost of goods 

21 sold. 

22 ‘‘(B) The program’s potential as a revenue 

23 generating activity to offset commissary oper24 ating costs, while maximizing patron savings. 


smartinez on DSK4TPTVN1PROD with BILLS
216 

•S 1118 IS

1 ‘‘(C) Improvement in the quality of 

2 produce provided. 

3 ‘‘(D) Customer satisfaction with the dem4 onstration project. 

5 ‘‘(7) REPORT.—Not later than two years after 

6 implementation of the demonstration project begins, 

7 the Secretary shall submit to the Committees on 

8 Armed Services of the Senate and House of Rep9 resentatives a report on the demonstration project. 

10 The report shall contain— 

11 ‘‘(A) the evaluation required by paragraph 

12 (6); and 

13 ‘‘(B) recommendations on whether perma14 nent authority should be provided to use con15 tractor provided labor to operate military com16 missary produce departments. 

17 ‘‘(8) CONTINUATION OF DEMONSTRATION

18 PROJECT.—If the Secretary recommends in the re19 port under paragraph (7) that permanent authority 

20 should be provided, the Secretary may continue the 

21 demonstration project for up to three years after 

22 submitting the report. 

23 ‘‘(9) DEFINITION.—In paragraph (4), the term 

24 ‘region’ means the geographical area of the United 


smartinez on DSK4TPTVN1PROD with BILLS
217 

•S 1118 IS

1 States currently served by a Defense Commissary 

2 Agency produce supplier.’’; and 

3 (4) in subsection (b)— 

4 (A) by striking ‘‘(1)’’ before ‘‘The De5 fense’’; 

6 (B) by inserting ‘‘goods or’’ after ‘‘provide 

7 or obtain’’; 

8 (C) by striking ‘‘service provided by the 

9 United States Transportation Command’’ and 

10 inserting ‘‘good or service provided by any enti11 ty of the United States in’’; and 

12 (D) by striking paragraph (2). 

13 (h) REPEAL OF OBSOLETE AUTHORITY.— 

14 (1) IN GENERAL.—Sections 2488 and 2685 of 

15 such title are repealed. 

16 (2) CLERICAL AMENDMENTS.—(A) The table of 

17 sections at the beginning of subchapter II of chapter 

18 147 of such title is amended by striking the item re19 lating to section 2488. 

20 (B) The table of sections at the beginning of 

21 chapter 159 of such title is amended by striking the 

22 item relating to section 2685. 

23 (i) AUTHORITY TO PURCHASE BEER AND WINE.— 

24 (1) IN GENERAL.—Subsection (d)(1) of section 

25 2495 of such title is amended by inserting before the 


smartinez on DSK4TPTVN1PROD with BILLS
218 

•S 1118 IS

1 period the following: ‘‘and purchases of beer and 

2 wine by the Defense Commissary Agency with funds 

3 from the defense working capital resale stock fund’’. 

4 (2) CLERICAL AMENDMENTS.— 

5 (A) SECTION HEADING.—The heading of 

6 such section is amended to read as follows: 

7 ‘‘§ 2495. Defense retail system: purchase of alcoholic 

8 beverages’’. 

9 (B) TABLE OF SECTIONS.—The item relating to 

10 such section in the table of sections at the beginning 

11 of subchapter III of chapter 147 of such title is 

12 amended to read as follows: 

‘‘2495. Defense retail system: purchase of alcoholic beverages.’’. 

13 (j) TREATMENT OF UNITED STATES WINES IN

14 OVERSEAS COMMISSARY STORES.— 

15 (1) IN GENERAL.—Section 2495a of such title 

16 is amended— 

17 (A) by striking ‘‘nonappropriated fund’’ 

18 and inserting ‘‘defense retail’’; and 

19 (B) by inserting ‘‘, and each commissary 

20 store located outside the United States that 

21 sells wine,’’ after ‘‘outside the United States’’. 

22 (2) CLERICAL AMENDMENTS.— 

23 (A) SECTION HEADING.—The heading of 

24 such section is amended to read as follows: 


smartinez on DSK4TPTVN1PROD with BILLS
219 

•S 1118 IS

1 ‘‘§ 2495a. Overseas package stores and commissaries: 

2 treatment of United States wines’’. 

3 (B) TABLE OF SECTIONS.—The item relat4 ing to such section in the table of sections at 

5 the beginning of subchapter III of chapter 147 

6 of such title is amended to read as follows: 

‘‘2495a. Overseas package stores and commissaries: treatment of United States 

wines.’’. 

7 (k) MODIFICATION OF BERRY AMENDMENT.—Sec8 tion 2533a(g) of such title is amended by inserting before 

9 the period the following: ‘‘, or for the operating supplies 

10 necessary to complete the resale of such items so pur11 chased’’. 

12 (l) OVERSEAS TRANSPORTATION.—Section 2643(b) 

13 of such title is amended by striking the first sentence and 

14 inserting ‘‘Defense working capital funds may be used to 

15 cover the transportation costs of commissary supplies and 

16 products as provided in Section 2483(c) of this title.’’. 

17 (m) REPAIR AND MAINTENANCE OF COMMISSARY

18 FACILITIES.—Section 2682(a) of such title is amended by 

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

20 any maintenance and repair project for a commissary 

21 store or a commissary central product processing facility 

22 may be accomplished under the direction and supervision 

23 of the Director of the Defense Commissary Agency.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
220 

•S 1118 IS

1 (n) SUPERVISION OF COMMISSARY CONSTRUCTION

2 PROJECTS.—Section 2851(b) of such title is amended by 

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

4 a project for the construction of a commissary store, a 

5 commissary central product processing facility, or a shop6 ping mall or similar facility for a commissary store and 

7 one or more nonappropriated fund instrumentality activi8 ties authorized under section 2484(g) of this title may be 

9 accomplished under the direction and supervision of the 

10 Director of the Defense Commissary Agency.’’. 

11 (o) SERVICE CONTRACT ACT EXEMPTIONS.—Section 

12 6702(b) of title 41, United States Code, is amended by 

13 adding at the end the following new paragraph: 

14 ‘‘(8) A contract with an entity of the defense 

15 retail systems, the principal purpose of which is the 

16 sale of goods or services to authorized beneficiaries. 

17 The term ‘defense retail systems’ means the defense 

18 commissary system and exchange stores system and 

19 other revenue-generating facilities operated by non20 appropriated fund instrumentalities of the Depart21 ment of Defense for the morale, welfare, and recre22 ation of members of the armed forces.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
221 

•S 1118 IS

1 SEC. 905. MODIFICATION OF REQUIREMENTS TO MAINTAIN 

2 NAVY AIRBORNE SIGNALS INTELLIGENCE, 

3 SURVEILLANCE, AND RECONNAISSANCE CA4 PABILITIES. 

5 (a) REQUIREMENT TO MAINTAIN CAPABILITIES.— 

6 Subsection (b) of section 112 of the Ike Skelton National 

7 Defense Authorization Act for Fiscal Year 2011 (Public 

8 Law 111–383; 112 Stat. 4152) is amended— 

9 (1) by striking paragraph (1); 

10 (2) by redesignating paragraph (2) as para11 graph (1) and in that paragraph— 

12 (A) by striking ‘‘in order to provide capa13 bilities’’ and inserting ‘‘in sufficient quantities 

14 to provide capabilities and capacity’’; and 

15 (B) by inserting before the period at the 

16 end the following: ‘‘while fielding a mix of new 

17 platforms and sensors’’; and 

18 (3) by redesignating paragraphs (3) and (4) as 

19 paragraphs (2) and (3), respectively. 

20 (b) REPEAL OF RESTRICTION ON TRANSFER OF

21 SABER FOCUS PROGRAM ISR CAPABILITIES.—Such sec22 tion is further amended by striking subsection (c). 


smartinez on DSK4TPTVN1PROD with BILLS
222 

•S 1118 IS

1 TITLE X—GENERAL PROVISIONS 

2 Subtitle A—Financial Matters 

3 SEC. 1001. ENHANCEMENT OF INTERAGENCY SUPPORT 

4 DURING CONTINGENCY OPERATIONS AND 

5 TRANSITION PERIODS. 

6 (a) AUTHORITY.—The Secretary of Defense and the 

7 Secretary of State may enter into an agreement under 

8 which each Secretary may provide covered support, sup9 plies, and services on a reimbursement basis, or by ex10 change of covered support, supplies, and services, to the 

11 other Secretary during a contingency operation and re12 lated transition period for up to two years following the 

13 end of such contingency operation. 

14 (b) AGREEMENT.—An agreement entered into under 

15 this section shall be in writing and shall include the fol16 lowing terms: 

17 (1) The price charged by a supplying agency 

18 shall be the direct costs that such agency incurred 

19 by providing the covered support, supplies, or serv20 ices to the requesting agency under this section. 

21 (2) Credits and liabilities of the agencies ac22 crued as a result of acquisitions and transfers of 

23 covered support, supplies, and services under this 

24 section shall be liquidated not less often than once 

25 every 3 months by direct payment to the agency 


smartinez on DSK4TPTVN1PROD with BILLS
223 

•S 1118 IS

1 supplying such support, supplies, or services by the 

2 agency receiving such support, supplies, or services. 

3 (3) Exchange entitlements accrued as a result 

4 of acquisitions and transfers of covered support, 

5 supplies, and services under this section shall be sat6 isfied within 12 months after the date of the delivery 

7 of the covered support, supplies, or services. Ex8 change entitlements not so satisfied shall be imme9 diately liquidated by direct payment to the agency 

10 supplying such covered support, supplies, or services. 

11 (c) EFFECT OF OBLIGATION AND AVAILABILITY OF

12 FUNDS.—An order placed by an agency pursuant to an 

13 agreement under this section is deemed to be an obligation 

14 in the same manner that a similar order or contract placed 

15 with a private contractor is an obligation. Appropriations 

16 remain available to pay an obligation to the servicing 

17 agency in the same manner as appropriations remain 

18 available to pay an obligation to a private contractor. 

19 (d) DEFINITIONS.—In this section: 

20 (1) The term ‘‘covered support, supplies, and 

21 services’’ means food, billeting, transportation (in22 cluding airlift), petroleum, oils, lubricants, commu23 nications services, medical services, ammunition, 

24 base operations support (and construction incident 

25 to base operations support), use of facilities, spare 


smartinez on DSK4TPTVN1PROD with BILLS
224 

•S 1118 IS

1 parts and components, repair and maintenance serv2 ices, and calibration services. 

3 (2) The term ‘‘contingency operation’’ has the 

4 meaning given that term in section 101(a)(13) of 

5 title 10, United States Code. 

6 (e) CREDITING OF RECEIPTS.—Any receipt as a re7 sult of an agreement entered into under this section shall 

8 be credited, at the option of the Secretary of Defense with 

9 respect to the Department of Defense and the Secretary 

10 of State with respect to the Department of State, to— 

11 (1) the appropriation, fund, or account used in 

12 incurring the obligation; or 

13 (2) an appropriate appropriation, fund, or ac14 count currently available for the purposes for which 

15 the expenditures were made. 

16 SEC. 1002. REPEAL OF REQUIREMENT THAT THE DEPART17 MENT OF THE NAVY PROVIDE FUNDING FOR 

18 THE OCEAN RESEARCH ADVISORY PANEL. 

19 Section 7903 of title 10, United States Code, is 

20 amended by striking subsection (c). 


smartinez on DSK4TPTVN1PROD with BILLS
225 

•S 1118 IS

1 Subtitle B—Naval Vessels and 

2 Shipyards 

3 SEC. 1021. EXTENSION OF AUTHORITY FOR REIMBURSE4 MENT OF EXPENSES FOR CERTAIN NAVY 

5 MESS OPERATIONS AFLOAT. 

6 (a) EXTENSION.—Subsection (b) of section 1014 of 

7 the Duncan Hunter National Defense Authorization Act 

8 for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

9 4585), as amended by section 1021 of the Ike Skelton Na10 tional Defense Authorization Act for Fiscal Year 2011 

11 (Public Law 111–383, 124 Stat. 4348), is amended by 

12 striking ‘‘September 30, 2015’’ and inserting ‘‘September 

13 30, 2020’’. 

14 (b) TECHNICAL AND CLARIFYING AMENDMENTS.— 

15 Subsection (a) of such section is amended— 

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

17 striking ‘‘not more that’’ and inserting ‘‘not more 

18 than’’; and 

19 (2) in paragraph (2), by striking ‘‘Naval ves20 sels’’ and inserting ‘‘such vessels’’. 

21 SEC. 1022. REFUELING AND COMPLEX OVERHAUL OF NIM22 ITZ-CLASS AIRCRAFT CARRIERS. 

23 (a) OVERHAUL EXECUTION AUTHORITY.—The Sec24 retary of the Navy is authorized to carry out a nuclear 


smartinez on DSK4TPTVN1PROD with BILLS
226 

•S 1118 IS

1 refueling and complex overhaul on each of the following 

2 Nimitz-class aircraft carriers: 

3 (1) U.S.S. George Washington (CVN–73). 

4 (2) U.S.S. John C. Stennis (CVN–74). 

5 (3) U.S.S. Harry S. Truman (CVN–75). 

6 (4) U.S.S. Ronald Reagan (CVN–76). 

7 (5) U.S.S. George H.W. Bush (CVN–77). 

8 Each such refueling and overhaul shall be carried out from 

9 amounts appropriated or otherwise made available within 

10 Shipbuilding and Conversion, Navy, for refueling the Nim11 itz-class aircraft carriers. 

12 (b) SPECIAL FUNDING AUTHORITY WHEN A CON13 TINUING RESOLUTION IS IN EFFECT.—Unless expressly 

14 prohibited in a continuing resolution enacted after this 

15 date, if advance procurement funds are appropriated for 

16 a fiscal year to begin a refueling and complex overhaul 

17 on a Nimitz-class aircraft carrier identified in subsection 

18 (a), then Shipbuilding and Conversion, Navy, appropria19 tions in the amounts contained in the President’s Budget 

20 for that refueling and complex overhaul for the following 

21 Fiscal Year shall be available for obligation under a con22 tinuing resolution enacted for the following fiscal year to 

23 continue the refueling and complex overhaul on that air24 craft carrier. 


smartinez on DSK4TPTVN1PROD with BILLS
227 

•S 1118 IS

1 (c) INCREMENTAL FUNDING AUTHORITY.—The Sec2 retary of the Navy is authorized to incrementally fund 

3 contracts entered into for a nuclear refueling and complex 

4 overhaul authorized in subsection (a), for a period not to 

5 exceed six years after advance procurement funds for the 

6 nuclear refueling and complex overhaul effort are first ob7 ligated, from amounts appropriated or otherwise made 

8 available within Shipbuilding and Conversion, Navy for re9 fueling the Nimitz-class aircraft carriers. 

10 (d) CONDITION FOR OUT-YEAR CONTRACT PAY11 MENTS.—A contract entered into under subsection (c) 

12 shall provide that any obligation of the United States to 

13 make a payment under a contract for carrier refueling in 

14 a fiscal year subsequent to the initial year of contract exe15 cution is subject to the availability of appropriations. 

16 Subtitle C—Other Matters 

17 SEC. 1041. TRANSFER OF FUNCTIONS OF THE VETERANS’ 

18 ADVISORY BOARD ON DOSE RECONSTRUC19 TION TO THE SECRETARIES OF VETERANS 

20 AFFAIRS AND DEFENSE. 

21 Section 601 of the Veterans Benefits Act of 2003 

22 (Public Law 108–183; 117 Stat. 2667; 38 U.S.C. 1154 

23 note) is amended to read as follows: 


smartinez on DSK4TPTVN1PROD with BILLS
228 

•S 1118 IS

1 ‘‘SEC. 601. RADIATION DOSE RECONSTRUCTION PROGRAM 

2 OF THE DEPARTMENT OF DEFENSE. 

3 ‘‘(a) REVIEW AND OVERSIGHT.—The Secretary of 

4 Veterans Affairs and the Secretary of Defense shall jointly 

5 take appropriate actions to ensure the on-going inde6 pendent review and oversight of the Radiation Dose Re7 construction Program of the Department of Defense. 

8 ‘‘(b) DUTIES.—In carrying out subsection (a), the 

9 Secretaries shall— 

10 ‘‘(1) conduct periodic, random audits of dose 

11 reconstructions under the Radiation Dose Recon12 struction Program and of decisions by the Depart13 ment of Veterans Affairs on claims for service con14 nection of radiogenic diseases; 

15 ‘‘(2) communicate to veterans information on 

16 the mission, procedures, and evidentiary require17 ments of the Program; and 

18 ‘‘(3) carry out such other activities with respect 

19 to the review and oversight of the Program as the 

20 Secretaries shall jointly specify. 

21 ‘‘(c) RECOMMENDATIONS.—The Secretaries may 

22 make such recommendations on modifications in the mis23 sion or procedures of the Program as they consider appro24 priate as a result of the audits conducted under subsection 

25 (b)(1).’’. 


smartinez on DSK4TPTVN1PROD with BILLS
229 

•S 1118 IS

1 SEC. 1042. REPEAL AND MODIFICATION OF REPORTING RE2 QUIREMENTS. 

3 (a) ANNUAL REPORT OF OFFICE OF COMMUNITY

4 SUPPORT FOR MILITARY FAMILIES WITH SPECIAL

5 NEEDS.—Section 1781c of title 10, United States Code, 

6 is amended by striking subsection (h). 

7 (b) ANNUAL AUDIT OF THE AMERICAN RED

8 CROSS.—Section 300110(b) of title 36, United States 

9 Code, is amended— 

10 (1) by striking ‘‘AND SUBMISSION TO CON11 GRESS’’ in the subsection heading; and 

12 (2) by striking ‘‘and submit a copy of the au13 dited report to Congress’’. 

14 (c) ANNUAL REPORT ON MITIGATION OF POWER

15 OUTAGE RISKS FOR DEPARTMENT OF DEFENSE FACILI16 TIES AND ACTIVITIES.—Section 335 of the Duncan Hun17 ter Nation Defense Authorization Act for Fiscal Year 

18 2009 (Public Law 110–417; 122 Stat. 4422; 10 U.S.C. 

19 2911 note) is amended by striking subsection (c). 

20 (d) INCLUSION OF EXTREMITY TRAUMA AND AMPU21 TATION CENTER OF EXCELLENCE AND DEPARTMENT OF

22 VETERANS AFFAIRS–DEPARTMENT OF DEFENSE JOINT

23 EXECUTIVE COMMITTEE REPORTS IN DEPARTMENT OF

24 VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE

25 JOINT ANNUAL REPORT ON HEALTH CARE COORDINA26 TION AND SHARING ACTIVITIES.— 


smartinez on DSK4TPTVN1PROD with BILLS
230 

•S 1118 IS

1 (1) Section 723 of the Duncan Hunter National 

2 Defense Authorization Act for Fiscal Year 2009 

3 (Public Law 110–417; 122 Stat. 4508) is amended 

4 by striking subsection (d). 

5 (2) Section 8111(f) of title 38, United States 

6 Code, is amended by adding at the end the following 

7 new paragraph: 

8 ‘‘(6) The two Secretaries shall include in the annual 

9 report under this subsection a report on the activities of 

10 the Center of Excellence in the Mitigation, Treatment, and 

11 Rehabilitation of Traumatic Extremity Injuries and Am12 putations (established pursuant to section 723 of the Dun13 can Hunter National Defense Authorization Act for Fiscal 

14 Year 2009 (Public Law 110–417)) during the one-year pe15 riod ending on the date of such report. Each such report 

16 shall include a description of the activities of the center 

17 during such period and an assessment of the role of such 

18 activities in improving and enhancing the efforts of the 

19 Department of Defense and the Department of Veterans 

20 Affairs for the mitigation, treatment, and rehabilitation 

21 of traumatic extremity injuries and amputations.’’. 

22 (3) Section 320(c)(2) of title 38, United States 

23 Code, is amended by striking ‘‘and to Congress’’. 


smartinez on DSK4TPTVN1PROD with BILLS
231 

•S 1118 IS

1 SEC. 1043. PROTECTION FOR CERTAIN SENSITIVE INFOR2 MATION. 

3 Section 130c(h)(1) of title 10, United States Code, 

4 is amended by adding at the end the following new sub5 paragraph, consistent with section 552(b)(3) of title 5: 

6 ‘‘(D) The Secretary of State, with respect 

7 to information of concern to the Department of 

8 State, as determined by the Secretary.’’. 

9 SEC. 1044. CONSULAR NOTIFICATION COMPLIANCE. 

10 (a) PETITION FOR REVIEW.— 

11 (1) JURISDICTION.—Notwithstanding any other 

12 provision of law, a Federal court shall have jurisdic13 tion to review the merits of a petition claiming viola14 tion of Article 36(1) (b) or (c) of the Vienna Con15 vention on Consular Relations, done at Vienna April 

16 24, 1963, or a comparable provision of a bilateral 

17 international agreement addressing consular notifi18 cation and access, filed by an individual convicted 

19 and sentenced to death by any Federal or State 

20 court before the date of enactment of this Act. 

21 (2) STANDARD.—To obtain relief, an individual 

22 described in paragraph (1) must make a showing of 

23 actual prejudice to the criminal conviction or sen24 tence as a result of the violation. The court may 

25 conduct an evidentiary hearing if necessary to sup26 plement the record and, upon a finding of actual 


smartinez on DSK4TPTVN1PROD with BILLS
232 

•S 1118 IS

1 prejudice, shall order a new trial or sentencing pro2 ceeding. 

3 (3) LIMITATIONS.— 

4 (A) INITIAL SHOWING.—To qualify for re5 view under this subsection, a petition must 

6 make an initial showing that— 

7 (i) a violation of Article 36(1) (b) or 

8 (c) of the Vienna Convention on Consular 

9 Relations, done at Vienna April 24, 1963, 

10 or a comparable provision of a bilateral 

11 international agreement addressing con12 sular notification and access, occurred with 

13 respect to the individual described in para14 graph (1); and 

15 (ii) if such violation had not occurred, 

16 the consulate would have provided assist17 ance to the individual. 

18 (B) EFFECT OF PRIOR ADJUDICATION.—A 

19 petition for review under this subsection shall 

20 not be granted if the claimed violation described 

21 in paragraph (1) has previously been adju22 dicated on the merits by a Federal or State 

23 court of competent jurisdiction in a proceeding 

24 in which no Federal or State procedural bars 

25 were raised with respect to such violation and 


smartinez on DSK4TPTVN1PROD with BILLS
233 

•S 1118 IS

1 in which the court provided review equivalent to 

2 the review provided in this subsection, unless 

3 the adjudication of the claim resulted in a deci4 sion that was based on an unreasonable deter5 mination of the facts in light of the evidence 

6 presented in the prior Federal or State court 

7 proceeding. 

8 (C) FILING DEADLINE.—A petition for re9 view under this subsection shall be filed within 

10 1 year of the later of— 

11 (i) the date of enactment of this Act; 

12 (ii) the date on which the Federal or 

13 State court judgment against the indi14 vidual described in paragraph (1) became 

15 final by the conclusion of direct review or 

16 the expiration of the time for seeking such 

17 review; or 

18 (iii) the date on which the impediment 

19 to filing a petition created by Federal or 

20 State action in violation of the Constitu21 tion or laws of the United States is re22 moved, if the individual described in para23 graph (1) was prevented from filing by 

24 such Federal or State action. 


smartinez on DSK4TPTVN1PROD with BILLS
234 

•S 1118 IS

1 (D) TOLLING.—The time during which a 

2 properly filed application for State post-convic3 tion or other collateral review with respect to 

4 the pertinent judgment or claim is pending 

5 shall not be counted toward the 1-year period of 

6 limitation. 

7 (E) TIME LIMIT FOR REVIEW.—A Federal 

8 court shall give priority to a petition for review 

9 filed under this subsection over all noncapital 

10 matters. With respect to a petition for review 

11 filed under this subsection and claiming only a 

12 violation described in paragraph (1), a Federal 

13 court shall render a final determination and 

14 enter a final judgment not later than one year 

15 after the date on which the petition is filed. 

16 (4) HABEAS PETITION.—A petition for review 

17 under this subsection shall be part of the first Fed18 eral habeas corpus application or motion for Federal 

19 collateral relief under chapter 153 of title 28, United 

20 States Code, filed by an individual, except that if an 

21 individual filed a Federal habeas corpus application 

22 or motion for Federal collateral relief before the date 

23 of enactment of this Act or if such application is re24 quired to be filed before the date that is 1 year after 

25 the date of enactment of this Act, such petition for 


smartinez on DSK4TPTVN1PROD with BILLS
235 

•S 1118 IS

1 review under this subsection shall be filed not later 

2 than 1 year after the date of enactment of this Act 

3 or within the period prescribed by paragraph 

4 (3)(C)(iii), whichever is later. No petition filed in 

5 conformity with the requirements of the preceding 

6 sentence shall be considered a second or successive 

7 habeas corpus application or subjected to any bars 

8 to relief based on preenactment proceedings other 

9 than as specified in paragraph (2). 

10 (5) REFERRAL TO MAGISTRATE.—A Federal 

11 court acting under this subsection may refer the pe12 tition for review to a Federal magistrate for pro13 posed findings and recommendations pursuant to 28 

14 U.S.C. 636(b)(1)(B). 

15 (6) APPEAL.— 

16 (A) IN GENERAL.—A final order on a peti17 tion for review under paragraph (1) shall be 

18 subject to review on appeal by the court of ap19 peals for the circuit in which the proceeding is 

20 held. 

21 (B) APPEAL BY PETITIONER.—An indi22 vidual described in paragraph (1) may appeal a 

23 final order on a petition for review under para24 graph (1) only if a district or circuit judge 

25 issues a certificate of appealability. A district or 


smartinez on DSK4TPTVN1PROD with BILLS
236 

•S 1118 IS

1 circuit court judge shall issue or deny a certifi2 cate of appealability not later than 30 days 

3 after an application for a certificate of 

4 appealability is filed. A district judge or circuit 

5 judge may issue a certificate of appealability 

6 under this subparagraph if the individual has 

7 made a substantial showing of actual prejudice 

8 to the criminal conviction or sentence of the in9 dividual as a result of a violation described in 

10 paragraph (1). 

11 (b) VIOLATION.— 

12 (1) IN GENERAL.—An individual not covered by 

13 subsection (a) who is arrested, detained, or held for 

14 trial on a charge that would expose the individual to 

15 a capital sentence if convicted may raise a claim of 

16 a violation of Article 36(1) (b) or (c) of the Vienna 

17 Convention on Consular Relations, done at Vienna 

18 April 24, 1963, or of a comparable provision of a bi19 lateral international agreement addressing consular 

20 notification and access, at a reasonable time after 

21 the individual becomes aware of the violation, before 

22 the court with jurisdiction over the charge. Upon a 

23 finding of such a violation— 

24 (A) the consulate of the foreign state of 

25 which the individual is a national shall be notiVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
237 

•S 1118 IS

1 fied immediately by the detaining authority, 

2 and consular access to the individual shall be 

3 afforded in accordance with the provisions of 

4 the Vienna Convention on Consular Relations, 

5 done at Vienna April 24, 1963, or the com6 parable provisions of a bilateral international 

7 agreement addressing consular notification and 

8 access; and 

9 (B) the court— 

10 (i) shall postpone any proceedings to 

11 the extent the court determines necessary 

12 to allow for adequate opportunity for con13 sular access and assistance; and 

14 (ii) may enter necessary orders to fa15 cilitate consular access and assistance. 

16 (2) EVIDENTIARY HEARINGS.—The court may 

17 conduct evidentiary hearings if necessary to resolve 

18 factual issues. 

19 (3) RULE OF CONSTRUCTION.—Nothing in this 

20 subsection shall be construed to create any addi21 tional remedy. 

22 (c) DEFINITIONS.—In this section, the term ‘‘State’’ 

23 means any State of the United States, the District of Co24 lumbia, the Commonwealth of Puerto Rico, and any terri25 tory or possession of the United States. 


smartinez on DSK4TPTVN1PROD with BILLS
238 

•S 1118 IS

1 SEC. 1045. CONSULAR IMMUNITIES. 

2 The Secretary of State, in consultation with the At3 torney General, may, on the basis of reciprocity and under 

4 such terms and conditions as the Secretary may deter5 mine, specify privileges and immunities for a consular 

6 post, the members of a consular post and their families 

7 which result in more favorable or less favorable treatment 

8 than is provided in the Vienna Convention on Consular 

9 Relations, of April 24, 1963 (T.I.A.S. 6820), entered into 

10 force for the United States December 24, 1969. 

11 SEC. 1046. REVISION OF FREEDOM OF INFORMATION ACT 

12 TO REINSTATE EXEMPTIONS UNDER THAT 

13 ACT AS IN EFFECT BEFORE THE SUPREME 

14 COURT DECISION IN MILNER V. DEPART15 MENT OF THE NAVY. 

16 Paragraph (2) of section 552(b) of title 5, United 

17 States Code is amended— 

18 (1) by inserting ‘‘(A)’’ before ‘‘related’’; 

19 (2) by inserting ‘‘or’’ after ‘‘an agency;’’; and 

20 (3) by adding at the end the following new sub21 paragraph: 

22 ‘‘(B) predominantly internal to an agency, but 

23 only to the extent that disclosure could reasonably 

24 be expected to risk impairment of the effective oper25 ation of an agency or circumvention of statute or 

26 regulation;’’. 


smartinez on DSK4TPTVN1PROD with BILLS
239 

•S 1118 IS

1 SEC. 1047. EXEMPTION OF INFORMATION ON MILITARY 

2 TACTICS, TECHNIQUES, AND PROCEDURES 

3 FROM RELEASE UNDER FREEDOM OF INFOR4 MATION ACT. 

5 (a) EXEMPTION.—Chapter 3 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 130g. Nondisclosure of information: military tac9 tics, techniques, and procedures 

10 ‘‘(a) AUTHORITY FOR NONDISCLOSURE.—The Sec11 retary of Defense may withhold from public disclosure oth12 erwise required by law information on military tactics, 

13 techniques, and procedures in accordance with this sec14 tion. 

15 ‘‘(b) STANDARD FOR EXEMPTION FROM DISCLO16 SURE.—For the purposes of this section, information on 

17 a military tactic, technique, or procedure may be withheld 

18 from public disclosure only if the Secretary makes each 

19 of the following determinations with respect to the infor20 mation: 

21 ‘‘(1) That the public disclosure of the informa22 tion could reasonably be expected to risk impairment 

23 of the effective operation of the armed forces. 

24 ‘‘(2) That either of the following condition is 

25 met: 


smartinez on DSK4TPTVN1PROD with BILLS
240 

•S 1118 IS

1 ‘‘(A) The military tactic, technique, or pro2 cedure has not been publicly disclosed. 

3 ‘‘(B) The use of the military tactic, tech4 nique, or procedure in connection with a spe5 cific military operation, either planned or exe6 cuted, or its effectiveness, has not been publicly 

7 disclosed. 

8 ‘‘(c) CITATION TO FOIA PARAGRAPH.—This section 

9 is a statute that specifically exempts certain matters from 

10 disclosure under section 552 of title 5 within the meaning 

11 of paragraph (3) of subsection (b) of that section.’’. 

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: 

‘‘130g. Nondisclosure of information: military tactics, techniques, and procedures.’’. 

15 TITLE XI—CIVILIAN PERSONNEL 

16 MATTERS 

17 SEC. 1101. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR18 ITY TO GRANT ALLOWANCES, BENEFITS, AND 

19 GRATUITIES TO CIVILIAN PERSONNEL ON OF20 FICIAL DUTY IN A COMBAT ZONE. 

21 Paragraph (2) of section 1603(a) of the Emergency 

22 Supplemental Appropriations Act for Defense, the Global 

23 War on Terror, and Hurricane Recovery, 2006 (Public 

24 Law 109–234; 120 Stat. 443), as added by section 1102 


smartinez on DSK4TPTVN1PROD with BILLS
241 

•S 1118 IS

1 of the Duncan Hunter National Defense Authorization 

2 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

3 4616) and as most recently amended by section 1102 of 

4 the National Defense Authorization Act for Fiscal Year 

5 2015 (Public Law 113–291; 128 Stat. zzz), is further 

6 amended by striking ‘‘2016’’ and inserting ‘‘2017’’. 

7 SEC. 1102. AUTHORITY TO PROVIDE ADDITIONAL ALLOW8 ANCES AND BENEFITS FOR DEFENSE CLAN9 DESTINE SERVICE EMPLOYEES. 

10 Section 1603 of title 10, United States Code, is 

11 amended by adding at the end the following new sub12 section: 

13 ‘‘(c) ADDITIONAL ALLOWANCES AND BENEFITS FOR

14 EMPLOYEES OF THE DEFENSE CLANDESTINE SERV15 ICE.—In addition to the authority to provide compensation 

16 under subsection (a), the Secretary of Defense may pro17 vide an employee in a defense intelligence position who is 

18 assigned to the Defense Clandestine Service allowances 

19 and benefits under paragraph (1) of section 9904 of title 

20 5 without regard to the limitations in that section— 

21 ‘‘(1) that the employee be assigned to activities 

22 outside the United States; or 

23 ‘‘(2) that the activities to which the employee is 

24 assigned be in support of Department of Defense ac25 tivities abroad.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
242 

•S 1118 IS

1 SEC. 1103. EXTENSION OF RATE OF OVERTIME PAY FOR DE2 PARTMENT OF THE NAVY EMPLOYEES PER3 FORMING WORK ABOARD OR DOCKSIDE IN 

4 SUPPORT OF THE NUCLEAR-POWERED AIR5 CRAFT CARRIER FORWARD DEPLOYED IN 

6 JAPAN. 

7 Subparagraph (B) of section 5542(a)(6) of title 5, 

8 United States Code, is amended by striking ‘‘September 

9 30, 2015’’ and inserting ‘‘September 30, 2017’’. 

10 SEC. 1104. TWO-YEAR EXTENSION OF SUNSET PROVISION 

11 APPLICABLE TO EXPEDITED HIRING AU12 THORITY FOR DESIGNATED DEFENSE ACQUI13 SITION WORKFORCE POSITIONS. 

14 Section 1705(g)(2) of title 10, United States Code, 

15 is amended by striking ‘‘September 30, 2017’’ and insert16 ing ‘‘September 30, 2019’’. 

17 SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

18 ANNUAL LIMITATION ON PREMIUM PAY AND 

19 AGGREGATE LIMITATION ON PAY FOR FED20 ERAL CIVILIAN EMPLOYEES WORKING OVER21 SEAS. 

22 Effective January 1, 2016, section 1101(a) of the 

23 Duncan Hunter National Defense Authorization Act for 

24 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), 

25 as most recently amended by section 1101 of the National 

26 Defense Authorization Act for Fiscal Year 2015 (Public 


smartinez on DSK4TPTVN1PROD with BILLS
243 

•S 1118 IS

1 Law 113–291; 128 Stat. zzz), is further amended by strik2 ing ‘‘through 2015’’ and inserting ‘‘through 2016’’. 

3 TITLE XII—MATTERS RELATING 

4 TO FOREIGN NATIONS 

5 SEC. 1201. EXTENSION OF AUTHORITY TO SUPPORT OPER6 ATIONS AND ACTIVITIES OF THE OFFICE OF 

7 SECURITY COOPERATION—IRAQ. 

8 (a) EXTENSION OF AUTHORITY.—Subsection (f)(1) 

9 of section 1215 of the National Defense Authorization Act 

10 for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 113 

11 note) is amended by striking ‘‘fiscal year 2015’’ and in12 serting ‘‘fiscal year 2016’’. 

13 (b) AMOUNT AVAILABLE.—Such section is further 

14 amended— 

15 (1) in subsection (c), by striking ‘‘fiscal year 

16 2015’’ and all that follows and inserting ‘‘fiscal year 

17 2016 may not exceed $143,000,000.’’; and 

18 (2) in subsection (d), by striking ‘‘fiscal year 

19 2015’’ and inserting ‘‘fiscal year 2016’’. 

20 (c) REPEAL OF EXPIRED REPORTING REQUIRE21 MENT.—Subsection (g) of such section is repealed. 


smartinez on DSK4TPTVN1PROD with BILLS
244 

•S 1118 IS

1 SEC. 1202. EXTENSION OF AUTHORITY FOR REIMBURSE2 MENT OF CERTAIN COALITION NATIONS FOR 

3 SUPPORT PROVIDED TO UNITED STATES 

4 MILITARY OPERATIONS. 

5 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

6 section 1233 of the National Defense Authorization Act 

7 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

8 393), as most recently amended by section 1222 of the 

9 National Defense Authorization Act for Fiscal Year 2015 

10 (Public Law 113–291; 128 Stat. yyy), is further amended 

11 by striking ‘‘fiscal year 2015’’ and inserting ‘‘fiscal year 

12 2016’’. 

13 (b) AMOUNTS AVAILABLE.—Subsection (d)(1) of 

14 such section is amended— 

15 (1) by striking ‘‘during fiscal year 2015 may 

16 not exceed $1,200,000,000’’ and inserting ‘‘during 

17 fiscal year 2016 may not exceed $1,260,000,000’’; 

18 and 

19 (2) by striking the third sentence. 

20 SEC. 1203. EXTENSION OF AUTHORITY TO TRANSFER DE21 FENSE ARTICLES AND PROVIDE DEFENSE 

22 SERVICES TO THE MILITARY AND SECURITY 

23 FORCES OF AFGHANISTAN. 

24 (a) EXTENSION.—Subsection (h) of section 1222 of 

25 the National Defense Authorization Act for Fiscal Year 

26 2013 (Public Law 112–239; 126 Stat. 1992), as amended 


smartinez on DSK4TPTVN1PROD with BILLS
245 

•S 1118 IS

1 by section 1231 of the Carl Levin and Howard P. ‘‘Buck’’ 

2 McKeon National Defense Authorization Act for Fiscal 

3 Year 2015 (Public Law 113–291; 128 Stat. XXX), is fur4 ther amended by striking ‘‘December 31, 2015’’ and in5 serting ‘‘December 31, 2016’’. 

6 (b) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) 

7 of such section is amended by striking ‘‘During fiscal 

8 years 2013, 2014, and 2015’’ in subparagraphs (A) and 

9 (B) and inserting ‘‘Through December 31, 2016’’. 

10 SEC. 1204. AUTHORITY FOR ACCEPTANCE AND USE OF CON11 TRIBUTIONS FROM KUWAIT FOR CERTAIN 

12 MUTUALLY BENEFICIAL PROJECTS. 

13 (a) AUTHORITY.—Subchapter II of chapter 138 of 

14 title 10, United States Code, is amended by adding at the 

15 end the following new section: 

16 ‘‘§ 2350n. Construction, maintenance, and repair 

17 projects mutually beneficial to the De18 partment of Defense and Kuwait Armed 

19 Forces 

20 ‘‘(a) AUTHORITY TO ACCEPT CONTRIBUTIONS.—The 

21 Secretary of Defense, after consultation with the Secretary 

22 of State, may accept cash contributions from the State 

23 of Kuwait, for the purposes specified in subsection (c). 

24 ‘‘(b) ACCOUNTING.—Contributions accepted under 

25 subsection (a) shall be placed in an account established 


smartinez on DSK4TPTVN1PROD with BILLS
246 

•S 1118 IS

1 by the Secretary of Defense and shall remain available 

2 until expended for the purposes specified in subsection (c). 

3 ‘‘(c) AVAILABILITY OF CONTRIBUTIONS.—Contribu4 tions accepted under subsection (a) shall be available only 

5 for payment of costs in connection with mutually beneficial 

6 construction (including military construction not otherwise 

7 authorized by law), maintenance, and repair projects in 

8 Kuwait. 

9 ‘‘(d) MUTUALLY BENEFICIAL DEFINED.—A project 

10 shall be considered to be ‘mutually beneficial’ for purposes 

11 of this section if— 

12 ‘‘(1) the project is in support of a bilateral 

13 United States and Kuwait defense cooperation 

14 agreement; or 

15 ‘‘(2) the Secretary of Defense determines that 

16 the United States may derive a benefit from the 

17 project, including— 

18 ‘‘(A) access to and use of facilities of the 

19 Kuwait Armed Forces; 

20 ‘‘(B) ability or capacity for future posture; 

21 and 

22 ‘‘(C) increased interoperability between the 

23 Department of Defense and Kuwait Armed 

24 Forces.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
247 

•S 1118 IS

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

2 at the beginning of such subchapter is amended by adding 

3 at the end the following new item: 

‘‘2350n. Construction, maintenance, and repair projects mutually beneficial to 

the Department of Defense and Kuwait Armed Forces.’’. 

4 SEC. 1205. EXTENSION OF COMMANDERS’ EMERGENCY RE5 SPONSE PROGRAM IN AFGHANISTAN. 

6 Section 1201 of the National Defense Authorization 

7 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

8 1619), as most recently amended by section 1221 of the 

9 National Defense Authorization Act for Fiscal Year 2015 

10 (Public Law 113–291; 128 Stat. yyy), is further amended 

11 by striking ‘‘fiscal year 2015’’ in subsections (a), (b), and 

12 (f) and inserting ‘‘fiscal year 2016’’. 

13 SEC. 1206. INCREASE IN THRESHOLDS FOR DEFINITION OF 

14 MAJOR DEFENSE EQUIPMENT FOR PUR15 POSES OF ARMS EXPORT CONTROL ACT. 

16 Section 47(6) of the Arms Export Control Act (22 

17 U.S.C. 2794(6)) is amended— 

18 (1) by striking ‘‘$50,000,000’’ and inserting 

19 ‘‘$200,000,000’’; and 

20 (2) by striking ‘‘$200,000,000’’ and inserting 

21 ‘‘$800,000,000’’. 


smartinez on DSK4TPTVN1PROD with BILLS
248 

•S 1118 IS

1 SEC. 1207. MAINTENANCE OF PROHIBITION ON PROCURE2 MENT BY DEPARTMENT OF DEFENSE OF 

3 COMMUNIST CHINESE-ORIGIN ITEMS THAT 

4 MEET THE DEFINITION OF GOODS AND SERV5 ICES CONTROLLED AS MUNITIONS ITEMS 

6 WHEN MOVED TO THE ‘‘600 SERIES’’ OF THE 

7 COMMERCE CONTROL LIST. 

8 (a) IN GENERAL.—Section 1211 of the National De9 fense Authorization Act for Fiscal Year 2006 (Public Law 

10 109–163; 10 U.S.C. 2302 note) is amended— 

11 (1) in subsection (b), by inserting ‘‘or in the 

12 600 series of the control list of the Export Adminis13 tration Regulations’’ after ‘‘in Arms Regulations,’’; 

14 and 

15 (2) in subsection (e), by adding at the end the 

16 following new paragraph: 

17 ‘‘(3) The term ‘600 series of the control list of 

18 the Export Administration Regulations’ means the 

19 600 series of the Commerce Control List contained 

20 in Supplement No. 1 to part 774 of subtitle B of 

21 title 15 of the Code of Federal Regulations.’’. 

22 (b) TECHNICAL CORRECTIONS TO ITAR REF23 ERENCES.—Subsections (b) and (e)(2) of such section are 

24 amended by striking ‘‘Trafficking’’ and inserting ‘‘Traf25 fic’’. 


smartinez on DSK4TPTVN1PROD with BILLS
249 

•S 1118 IS

1 SEC. 1208. MODIFICATION OF GLOBAL LIFT AND SUSTAIN 

2 TO SUPPORT PARTNERS AND ALLIES. 

3 Subsection (b) of section 127d of title 10, United 

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

6 ‘‘(3) Clause (ii) of paragraph (2)(B) does not apply 

7 in a case in which the Secretary determines that the provi8 sion of assistance is critical to the timely and effective par9 ticipation of the allied forces in the combined operation.’’. 

10 SEC. 1209. REIMBURSEMENTS FOR CERTAIN COUNTER11 INSURGENCY, COUNTERTERRORISM AND 

12 STABILIZATION OPERATIONS CARRIED OUT 

13 BY PAKISTAN. 

14 (a) AUTHORITY.—From funds made available for the 

15 Department of Defense for operation and maintenance, 

16 the Secretary of Defense, with the concurrence of the Sec17 retary of State and in consultation with the Director of 

18 the Office of Management and Budget, may provide reim19 bursements for counterinsurgency, counterterrorism, and 

20 stabilization operations carried out by the Government of 

21 Pakistan in its campaign against al-Qaeda, the Tehrik22 e-Taliban Pakistan, and associated militants. 

23 (b) TYPES OF REIMBURSEMENTS.—Reimbursements 

24 made under the authority in subsection (a) may be made, 

25 in such amounts as the Secretary of Defense considers apVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
250 

•S 1118 IS

1 propriate, for logistical, military, and other expenditures 

2 associated with the operations specified in subsection (a). 

3 (c) LIMITATIONS.— 

4 (1) PROHIBITION ON CONTRACTUAL OBLIGA5 TIONS TO MAKE PAYMENTS.—The Secretary of De6 fense may not enter into any contractual obligation 

7 to make a reimbursement under the authority in 

8 subsection (a). 

9 (2) PROHIBITION ON REIMBURSEMENT OF

10 PAKISTAN FOR SUPPORT DURING PERIODS CLOSED

11 TO TRANSSHIPMENT.—The Secretary of Defense 

12 may not provide a reimbursement under the author13 ity in subsection (a) for claims of support provided 

14 during any period when the ground lines of supply 

15 through Pakistan were closed to the transshipment 

16 of equipment and supplies in support of United 

17 States military operations in Afghanistan. 

18 (d) NOTICE TO CONGRESSIONAL COMMITTEES.—The 

19 Secretary of Defense shall notify the appropriate congres20 sional committees not later than 15 days before making 

21 any reimbursement under the authority in subsection (a). 

22 (e) TERMINATION.—The Secretary of Defense may 

23 not use the authority in subsection (a) to provide reim24 bursement for any costs that are incurred after September 

25 30, 2018. 


smartinez on DSK4TPTVN1PROD with BILLS
251 

•S 1118 IS

1 (f) LIMITATION ON REIMBURSEMENTS TO THE GOV2 ERNMENT OF PAKISTAN UNDER SECTION 1233 OF THE

3 NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL

4 YEAR 2008.—No reimbursement may be provided to the 

5 Government of Pakistan under section 1233 of the Na6 tional Defense Authorization Act for Fiscal Year 2008 

7 (Public Law 110–181, 122 Stat. 393), as most recently 

8 amended by section 1222 of the National Defense Author9 ization Act for Fiscal Year 2015 (Public Law 113–291, 

10 128 Stat. yyy), for any period during which this section 

11 is also in effect. 

12 (g) DEFINITIONS.—In this section, the term ‘‘appro13 priate congressional committees’’ means— 

14 (1) the Committee on Armed Services, the 

15 Committee on Foreign Affairs, and the Committee 

16 on Appropriations of the House of Representatives; 

17 and 

18 (2) the Committee on Armed Services, the 

19 Committee on Foreign Relations, and the Committee 

20 on Appropriations of the Senate. 

21 SEC. 1210. NATO SPECIAL OPERATIONS HEADQUARTERS. 

22 Section 1244(a) of the National Defense Authoriza23 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

24 Stat. 2541), as most recently amended by section 1272 

25 of the National Defense Authorization Act for Fiscal Year 


smartinez on DSK4TPTVN1PROD with BILLS
252 

•S 1118 IS

1 2013 (Public Law 112–239; 126 Stat. 2023), is further 

2 amended by striking ‘‘for each of fiscal years 2013, 2014, 

3 and 2015 pursuant to section 301’’ and inserting ‘‘for any 

4 fiscal year’’. 

5 SEC. 1211. AFGHANISTAN SECURITY FORCES FUND. 

6 (a) 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 2016 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 (b) EXTENSION OF AUTHORITY TO ACCEPT CERTAIN

17 EQUIPMENT.—Subsection (d)(1) of section 1531 of the 

18 National Defense Authorization Act for Fiscal Year 2014 

19 (Public Law 113–66; 10 U.S.C. 2302 note) is amended 

20 by striking ‘‘prior Acts’’ and inserting ‘‘Acts enacted be21 fore the date of the enactment of the National Defense 

22 Authorization Act for Fiscal Year 2016’’. 


smartinez on DSK4TPTVN1PROD with BILLS
253 

•S 1118 IS

1 SEC. 1212. NON-CONVENTIONAL ASSISTED RECOVERY CA2 PABILITIES. 

3 (a) EXTENSION.—Subsection (h) of section 943 of 

4 the Duncan Hunter National Defense Authorization Act 

5 for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

6 4579), as most recently amended by section 1261 of the 

7 National Defense Authorization Act for Fiscal Year 2015 

8 (Public Law 113–291; 128 Stat. yyy), is further amended 

9 by striking ‘‘2016’’ and inserting ‘‘2017’’. 

10 (b) REVISION TO ANNUAL LIMITATION ON FUNDS.— 

11 Subsection (a) of such section is amended— 

12 (1) by striking ‘‘Upon’’ and inserting the fol13 lowing: 

14 ‘‘(1) IN GENERAL.—Upon’’; 

15 (2) by striking ‘‘an amount’’ and all that fol16 lows through ‘‘may be’’ and inserting ‘‘amounts ap17 propriated or otherwise made available for the De18 partment of Defense for operation and maintenance 

19 may be’’; and 

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

21 paragraph: 

22 ‘‘(2) ANNUAL LIMIT.—The total amount made 

23 available for support of non-conventional assisted re24 covery activities under this subsection in any fiscal 

25 year may not exceed $25,000,000.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
254 

•S 1118 IS

1 SEC. 1213. PERMANENT AUTHORITY TO PROVIDE REWARDS 

2 THROUGH GOVERNMENT PERSONNEL OF AL3 LIED FORCES AND CERTAIN OTHER MODI4 FICATIONS TO DEPARTMENT OF DEFENSE 

5 PROGRAM TO PROVIDE REWARDS. 

6 (a) PERMANENT AUTHORITY.—Subsection (c)(3) of 

7 section 127b of title 10, United States Code, is amended 

8 by striking subparagraph (C). 

9 (b) REPEAL OF COMPLETED REPORTING REQUIRE10 MENT.—Such subsection is further amended by striking 

11 subparagraph (D). 

12 (c) CHANGE OF SECTION HEADING TO REFLECT

13 NAME OF PROGRAM.— 

14 (1) SECTION HEADING.—The heading of such 

15 section is amended to read as follows: 

16 ‘‘§ 127b. Department of Defense Rewards Program’’. 

17 (2) CLERICAL AMENDMENT.—The item relating 

18 to such section in the table of sections at the begin19 ning of chapter 3 of such title is amended to read 

20 as follows: 

‘‘127b. Department of Defense Rewards Program.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
255 

•S 1118 IS

1 SEC. 1214. EXTENSION OF AUTHORITY TO CONDUCT AC2 TIVITIES TO ENHANCE THE CAPABILITY OF 

3 FOREIGN COUNTRIES TO RESPOND TO INCI4 DENTS INVOLVING WEAPONS OF MASS DE5 STRUCTION. 

6 Section 1204(h) of the National Defense Authoriza7 tion Act for Fiscal Year 2014 (Public Law 113–66; 127 

8 Stat. 897; 10 U.S.C. 401 note) is amended by striking 

9 ‘‘September 30, 2017’’ and inserting ‘‘September 30, 

10 2018’’. 

11 SEC. 1215. AUTHORITY FOR SECRETARY OF DEFENSE TO 

12 ENGAGE IN COMMERCIAL ACTIVITIES AS SE13 CURITY FOR MILITARY OPERATIONS 

14 ABROAD. 

15 (a) AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVI16 TIES AS SECURITY FOR MILITARY OPERATIONS.—Sub17 section (a) of section 431 of title 10, United States Code, 

18 is amended by inserting ‘‘and military operations’’ after 

19 ‘‘intelligence collection activities’’. 

20 (b) CONGRESSIONAL COMMITTEE REFERENCES.— 

21 (1) DEFINITIONS.—Subsection (c) of such sec22 tion is amended by adding at the end the following 

23 new paragraphs: 

24 ‘‘(3) The term ‘congressional intelligence com25 mittees’ has the meaning given that term in section 


smartinez on DSK4TPTVN1PROD with BILLS
256 

•S 1118 IS

1 3 of the National Security Act of 1947 (50 U.S.C. 

2 3003). 

3 ‘‘(4) The term ‘appropriate congressional com4 mittees’ means— 

5 ‘‘(A) with respect to a matter that pertains 

6 to a commercial activity undertaken under this 

7 subchapter to provide security for intelligence 

8 collection activities, the congressional defense 

9 committees and the congressional intelligence 

10 committees; and 

11 ‘‘(B) with respect to a matter that pertains 

12 to a commercial activity undertaken under this 

13 subchapter to provide security for military oper14 ations, the Committee on Armed Services of the 

15 Senate and the Committee on Armed Services 

16 of the House of Representatives.’’. 

17 (2) CONFORMING AMENDMENT.—Section 437 

18 of such title is amended by striking subsection (c). 

19 (c) REPORTING OF AUDITS.—The second sentence of 

20 section 432(b)(2) of such title is amended to read as fol21 lows: ‘‘The results of any such audit shall be promptly re22 ported to the appropriate congressional committees.’’. 

23 (d) AUTHORITY TO WAIVE OTHER FEDERAL LAWS

24 WHEN NECESSARY TO MAINTAIN SECURITY.—Section 


smartinez on DSK4TPTVN1PROD with BILLS
257 

•S 1118 IS

1 433(b)(1) of such title is amended by inserting ‘‘or mili2 tary operation’’ after ‘‘intelligence activity’’. 

3 (e) LIMITATIONS.—Section 435 of such title is 

4 amended— 

5 (1) in subsection (a), by inserting ‘‘or military 

6 operation’’ after ‘‘intelligence activity’’; and 

7 (2) in subsection (b), by inserting ‘‘or military 

8 operations’’ after ‘‘intelligence activities’’. 

9 (f) CONGRESSIONAL OVERSIGHT.—Section 437 of 

10 such title is amended by striking ‘‘congressional defense 

11 committees and the congressional intelligence committees’’ 

12 in subsections (a) and (b) and inserting ‘‘appropriate con13 gressional committees’’. 

14 (g) CLERICAL AMENDMENTS.— 

15 (1) SUBCHAPTER HEADING.—(A) The heading 

16 of subchapter II of chapter 21 of such title is 

17 amended to read as follows: 

18 ‘‘SUBCHAPTER II—DEFENSE COMMERCIAL 

19 ACTIVITIES’’. 

20 (B) The item relating to that subchapter in the 

21 table of subchapters at the beginning of such chap22 ter is amended to read as follows: 

‘‘II. Defense Commercial Activities ............................................ 431’’. 

23 (2) SECTION HEADING.—(A) The heading of 

24 section 431 of such title is amended to read as fol25 lows: 


smartinez on DSK4TPTVN1PROD with BILLS
258 

•S 1118 IS

1 ‘‘§ 431. Authority to engage in commercial activities 

2 as security for intelligence collection ac3 tivities and military operations’’. 

4 (B) The item relating to that section in the 

5 table of sections at the beginning of subchapter II 

6 of chapter 21 of such title is amended to read as fol7 lows: 

‘‘431. Authority to engage in commercial activities as security for intelligence 

collection activities and military operations.’’. 

8 SEC. 1216. EXTENSION OF AFGHAN SPECIAL IMMIGRANT 

9 VISA PROGRAM. 

10 (a) EXTENSION.—Section 602(b)(3)(F) of the Af11 ghan Allies Protection Act of 2009 (title VI of Public Law 

12 111–8; 8 U.S.C. 1101 note) is amended by striking 

13 ‘‘4,000’’ at the end of the first sentence and inserting 

14 ‘‘9,000’’. 

15 (b) TECHNICAL AMENDMENTS.— 

16 (1) Section 601 of such Act is amended by 

17 striking ‘‘This Act’’ and inserting ‘‘This title’’. 

18 (2) Section 602(c)(3) of such Act is amended 

19 by striking ‘‘section 4 of the Office of Federal Pro20 curement Policy Act (41 U.S.C. 403)’’ and inserting 

21 ‘‘section 133 of title 41, United States Code’’. 


smartinez on DSK4TPTVN1PROD with BILLS
259 

•S 1118 IS

1 SEC. 1217. LIQUIDATION OF UNPAID CREDITS ACCRUED AS 

2 A RESULT OF TRANSACTIONS UNDER A 

3 CROSS-SERVICING AGREEMENT. 

4 (a) LIQUIDATION OF UNPAID CREDITS.—Section 

5 2345 of title 10, United States Code, is amended by add6 ing at the end the following new subsection: 

7 ‘‘(c)(1) Any credits of the United States accrued as 

8 a result of the provision of logistic support, supplies, and 

9 services under the authority of this subchapter that re10 main unliquidated more than 18 months after the date 

11 of delivery of the logistic support, supplies, or services 

12 may, at the option of the Secretary of Defense in coordina13 tion with the Secretary of State, be liquidated by offsetting 

14 the credits against any amount owed by the Department 

15 of Defense, pursuant to a transaction or transactions con16 cluded under the authority of this subchapter, to the gov17 ernment or international organization to which the logistic 

18 support, supplies, or services were provided by the United 

19 States. 

20 ‘‘(2) The amount of any credits offset pursuant to 

21 paragraph (1) shall be credited as specified in section 

22 2346 of this title as if it were a receipt of the United 

23 States.’’. 

24 (b) EFFECTIVE DATE.—Subsection (c) of section 

25 2345 of title 10, United States Code, as added by sub26 section (a), shall apply with respect to credits accrued by 


smartinez on DSK4TPTVN1PROD with BILLS
260 

•S 1118 IS

1 the United States which (1) were accrued prior to, and 

2 remain unpaid as of, the date of the enactment of this 

3 Act, or (2) are accrued after the date of the enactment 

4 of this Act. 

5 SEC. 1218. EASTERN EUROPEAN TRAINING INITIATIVE. 

6 (a) AUTHORITY.—The Secretary of Defense, with the 

7 concurrence of the Secretary of State, may carry out a 

8 program, to be known as the Eastern European Training 

9 Initiative, to provide training, and pay the incremental ex10 penses incurred by a country as the direct result of partici11 pation in such training, for the national military forces 

12 of— 

13 (1) a country that is a signatory to the Part14 nership for Peace Framework Documents, but is not 

15 a member of the North Atlantic Treaty Organization 

16 (NATO); or 

17 (2) a country that became a member of NATO 

18 after January 1, 1999. 

19 (b) TYPES OF TRAINING.—The training provided to 

20 the national military forces of a country under subsection 

21 (a) shall be limited to multilateral or regional training 

22 to— 

23 (1) maintain and increase interoperability and 

24 readiness; 


smartinez on DSK4TPTVN1PROD with BILLS
261 

•S 1118 IS

1 (2) increase the capacity to respond to external 

2 threats; or 

3 (3) increase the capacity to respond to calls for 

4 collective action within NATO. 

5 (c) REQUIRED ELEMENTS.—Training provided to the 

6 national military forces of a country under subsection (a) 

7 shall include elements that promote— 

8 (1) observance of and respect for human rights 

9 and fundamental freedoms; and 

10 (2) respect for legitimate civilian authority 

11 within that country. 

12 (d) LIMITATION ON FUNDS.— 

13 (1) ANNUAL FUNDING LIMITATION.—The Sec14 retary of Defense may use up to $28,000,000 of 

15 funds available for operation and maintenance for 

16 any fiscal year to provide training and pay incre17 mental expenses under subsection (a) in that fiscal 

18 year. 

19 (2) AVAILABILITY OF FUNDS FOR ACTIVITIES

20 ACROSS FISCAL YEARS.—Amounts made available in 

21 a fiscal year to carry out the authority in subsection 

22 (a) may be used for training under that authority 

23 that begins in the fiscal year for which such 

24 amounts are made available and ends in the next fis25 cal year. 


smartinez on DSK4TPTVN1PROD with BILLS
262 

•S 1118 IS

1 (e) CONGRESSIONAL NOTIFICATION.— 

2 (1) NOTIFICATION.—Not less than 15 days be3 fore providing training to the national military 

4 forces of a country under subsection (a), the Sec5 retary of Defense shall submit to the congressional 

6 committees specified in paragraph (2) a notice of the 

7 following: 

8 (A) The country with which the training 

9 will be conducted. 

10 (B) The type of training to be provided. 

11 (2) SPECIFIED CONGRESSIONAL COMMIT12 TEES.—The congressional committees specified in 

13 this paragraph are the following: 

14 (A) The Committee on Armed Services, the 

15 Committee on Foreign Affairs, and the Com16 mittee on Appropriations of the House of Rep17 resentatives. 

18 (B) The Committee on Armed Services, 

19 the Committee on Foreign Relations, and the 

20 Committee on Appropriations of the Senate. 

21 (f) ADDITIONAL AUTHORITY.—The authority pro22 vided in subsection (a) is in addition to any other author23 ity provided by law authorizing the provision of training 

24 for the national military forces of a foreign country, in25 cluding section 2282 of title 10, United States Code. 


smartinez on DSK4TPTVN1PROD with BILLS
263 

•S 1118 IS

1 (g) DEFINITION.—In this section, the term ‘‘incre2 mental expenses’’ means the reasonable and proper cost 

3 of the goods and services that are consumed by a country 

4 as a direct result of that country’s participation in train5 ing under the authority of this section, including rations, 

6 fuel, training ammunition, and transportation. Such term 

7 does not include pay, allowances, and other normal costs 

8 of such country’s personnel. 

9 (h) TERMINATION OF AUTHORITY.—The authority 

10 under this section shall terminate on September 30, 2020. 

11 Any activity under this section initiated before that date 

12 may be completed, but only using funds available for fiscal 

13 years 2016 through 2020. 

14 SEC. 1219. EXTENSION, EXPANSION, AND REVISION OF AU15 THORITY FOR ASSISTANCE TO THE GOVERN16 MENT OF JORDAN FOR BORDER SECURITY 

17 OPERATIONS. 

18 (a) AUTHORITY.—Subsection (a)(1) of section 1207 

19 of the National Defense Authorization Act for Fiscal Year 

20 2014 (Public Law 113–66; 22 U.S.C. 2151 note) is 

21 amended— 

22 (1) by striking ‘‘maintaining’’ and inserting 

23 ‘‘enhancing’’; and 

24 (2) by striking ‘‘increase security and sustain 

25 increased security along the border between Jordan 


smartinez on DSK4TPTVN1PROD with BILLS
264 

•S 1118 IS

1 and Syria’’ and inserting ‘‘sustain security along the 

2 border of Jordan with Syria and Iraq’’. 

3 (b) FUNDS.—Subsection (b) of such section is 

4 amended by striking ‘‘2014’’ and inserting ‘‘2016 and 

5 2017’’. 

6 (c) LIMITATIONS.—Subsection (c) of such section is 

7 amended— 

8 (1) By striking ‘‘LIMITATIONS.—’’ and all that 

9 follows through ‘‘The total’’ and inserting ‘‘LIMITA10 TION ON AMOUNT.—From funds made available to 

11 the Department of Defense, the total’’; 

12 (2) by inserting ‘‘in any fiscal year’’ before 

13 ‘‘may not exceed $150,000,000’’; and 

14 (3) by striking paragraph (2). 

15 (e) EXPIRATION OF AUTHORITY.—Subsection (f) of 

16 such section is amended by striking ‘‘December 31, 2015’’ 

17 and inserting ‘‘December 31, 2017’’. 

18 SEC. 1220. PERMANENT AUTHORITY TO TRANSPORT AL19 LIED PERSONNEL DURING CONTINGENCIES 

20 OR DISASTER RESPONSES. 

21 Section 2649(c) of title 10, United States Code, is 

22 amended by striking ‘‘Until January 6, 2016, when’’ and 

23 inserting ‘‘When’’. 


smartinez on DSK4TPTVN1PROD with BILLS
265 

•S 1118 IS

1 TITLE XIII—[RESERVED] 

2 TITLE XIV—OTHER 

3 AUTHORIZATIONS 

4 Subtitle A—Military Programs 

5 SEC. 1401. WORKING CAPITAL FUNDS. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2016 for the use of the Armed Forces and other 

8 activities and agencies of the Department of Defense for 

9 providing capital for working capital and revolving funds 

10 in the amount of $1,786,732,000. 

11 SEC. 1402. JOINT URGENT OPERATIONAL NEEDS FUND. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2016 for the Joint Urgent Operational Needs 

14 Fund in the amount of $99,701,000. 

15 SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUC16 TION, DEFENSE. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for the Depart19 ment of Defense for fiscal year 2016 for expenses, not oth20 erwise provided for, for Chemical Agents and Munitions 

21 Destruction, Defense, in the amount of $720,721,000, of 

22 which— 

23 (1) $139,098,000 is for Operation and Mainte24 nance; 


smartinez on DSK4TPTVN1PROD with BILLS
266 

•S 1118 IS

1 (2) $579,342,000 is for Research, Development, 

2 Test, and Evaluation; and 

3 (3) $2,281,000 is for Procurement. 

4 (b) USE.—Amounts authorized to be appropriated 

5 under subsection (a) are authorized for— 

6 (1) the destruction of lethal chemical agents 

7 and munitions in accordance with section 1412 of 

8 the Department of Defense Authorization Act, 1986 

9 (50 U.S.C. 1521); and 

10 (2) the destruction of chemical warfare materiel 

11 of the United States that is not covered by section 

12 1412 of such Act. 

13 SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG AC14 TIVITIES, DEFENSE-WIDE. 

15 Funds are hereby authorized to be appropriated for 

16 the Department of Defense for fiscal year 2016 for ex17 penses, not otherwise provided for, for Drug Interdiction 

18 and Counter-Drug Activities, Defense-wide, in the amount 

19 of $850,598,000. 

20 SEC. 1405. DEFENSE INSPECTOR GENERAL. 

21 Funds are hereby authorized to be appropriated for 

22 the Department of Defense for fiscal year 2016 for ex23 penses, not otherwise provided for, for the Office of the 

24 Inspector General of the Department of Defense, in the 

25 amount of $316,159,000, of which— 


smartinez on DSK4TPTVN1PROD with BILLS
267 

•S 1118 IS

1 (1) $310,459,000 is for Operation and Mainte2 nance; 

3 (2) $4,700,000 is for Research, Development, 

4 Test and Evaluation; and 

5 (3) $1,000,000 is for Procurement. 

6 SEC. 1406. DEFENSE HEALTH PROGRAM. 

7 Funds are hereby authorized to be appropriated for 

8 the Department of Defense for fiscal year 2016 for ex9 penses, not otherwise provided for, for the Defense Health 

10 Program, in the amount of $32,243,328,000, of which— 

11 (1) $30,889,940,000 is for Operation and 

12 Maintenance; 

13 (2) $980,101,000 is for Research, Development, 

14 Test, and Evaluation; and 

15 (3) $373,287,000 is for Procurement. 

16 Subtitle B—Other Matters 

17 SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

18 DEPARTMENT OF DEFENSE–DEPARTMENT OF 

19 VETERANS AFFAIRS MEDICAL FACILITY DEM20 ONSTRATION FUND FOR CAPTAIN JAMES A. 

21 LOVELL HEALTH CARE CENTER, ILLINOIS. 

22 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

23 funds authorized to be appropriated for section 506 and 

24 available for the Defense Health Program for operation 

25 and maintenance, $120,387,000 may be transferred by the 


smartinez on DSK4TPTVN1PROD with BILLS
268 

•S 1118 IS

1 Secretary of Defense to the Joint Department of Defense– 

2 Department of Veterans Affairs Medical Facility Dem3 onstration Fund established by subsection (a)(1) of sec4 tion 1704 of the National Defense Authorization Act for 

5 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 

6 For purposes of subsection (a)(2) of such section 1704, 

7 any funds so transferred shall be treated as amounts au8 thorized and appropriated specifically for the purpose of 

9 such a transfer. 

10 (b) USE OF TRANSFERRED FUNDS.—For the pur11 poses of subsection (b) of such section 1704, facility oper12 ations for which funds transferred under subsection (a) 

13 may be used are operations of the Captain James A. 

14 Lovell Federal Health Care Center, consisting of the 

15 North Chicago Veterans Affairs Medical Center, the Navy 

16 Ambulatory Care Center, and supporting facilities des17 ignated as a combined Federal medical facility under an 

18 operational agreement covered by section 706 of the Dun19 can Hunter National Defense Authorization Act for Fiscal 

20 Year 2009 (Public Law 110–417; 122 Stat. 4500). 

21 SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR 

22 ARMED FORCES RETIREMENT HOME. 

23 There is hereby authorized to be appropriated for fis24 cal year 2016 from the Armed Forces Retirement Home 


smartinez on DSK4TPTVN1PROD with BILLS
269 

•S 1118 IS

1 Trust Fund the sum of $64,300,000 for the operation of 

2 the Armed Forces Retirement Home. 

3 TITLE XV—AUTHORIZATION OF 

4 ADDITIONAL APPROPRIA5 TIONS FOR OVERSEAS CON6 TINGENCY OPERATIONS 

7 SEC. 1501. PURPOSE. 

8 The purpose of this title is to authorize appropria9 tions for the Department of Defense for fiscal year 2016 

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 2016 for procurement for the Army in amounts 

15 as follows: 

16 (1) For aircraft procurement, $164,987,000. 

17 (2) For missile procurement, $37,260,000. 

18 (3) For weapons and tracked combat vehicles, 

19 $26,030,000. 

20 (3) For ammunition procurement, 

21 $192,040,000. 

22 (4) For other procurement, $1,205,596,000. 


smartinez on DSK4TPTVN1PROD with BILLS
270 

•S 1118 IS

1 SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

2 FUND. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2016 for the Joint Improvised Explosive Device 

5 Defeat Fund in the amount of $493,271,000. 

6 SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2016 for procurement for the Navy and Marine 

9 Corps in amounts as follows: 

10 (1) For aircraft procurement, Navy, 

11 $217,394,000. 

12 (2) For weapons procurement, Navy, 

13 $3,344,000. 

14 (3) For ammunition procurement, Navy and 

15 Marine Corps, $136,930,000. 

16 (4) For other procurement, Navy, $12,186,000. 

17 (5) For procurement, Marine Corps, 

18 $48,934,000. 

19 SEC. 1505. AIR FORCE PROCUREMENT. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2016 for procurement for the Air Force in 

22 amounts as follows: 

23 (1) For aircraft procurement, $128,900,000. 

24 (2) For missile procurement, $289,142,000. 

25 (3) For ammunition procurement, 

26 $228,874,000. 


smartinez on DSK4TPTVN1PROD with BILLS
271 

•S 1118 IS

1 (4) For other procurement, $3,859,964,000. 

2 SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2016 for the procurement account for Defense5 wide activities in the amount of $212,418,000. 

6 SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUA7 TION. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal year 2016 for the use of the Department of Defense 

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

11 (1) For the Army, $1,500,000. 

12 (2) For the Navy, $35,747,000. 

13 (3) For the Air Force, $17,100,000. 

14 (4) For Defense-wide activities, $137,087,000. 

15 SEC. 1508. OPERATION AND MAINTENANCE. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2016 for the use of the Armed Forces for ex18 penses, not otherwise provided for, for operation and 

19 maintenance, in amounts as follows: 

20 (1) For the Army, $11,382,750,000. 

21 (2) For the Navy, $5,131,588,000. 

22 (3) For the Marine Corps, $952,534,000. 

23 (4) For the Air Force, $9,090,013,000. 

24 (5) For Defense-wide activities, 

25 $5,805,633,000. 


smartinez on DSK4TPTVN1PROD with BILLS
272 

•S 1118 IS

1 (6) For the Army Reserve, $24,559,000. 

2 (7) For the Navy Reserve, $31,643,000. 

3 (8) For the Marine Corps Reserve, $3,455,000. 

4 (9) For the Air Force Reserve, $58,106,000. 

5 (10) For the Army National Guard, 

6 $60,845,000. 

7 (11) For the Air National Guard, $19,900,000. 

8 (12) For the Afghanistan Security Forces 

9 Fund, $3,762,257,000. 

10 (13) For the Counterterrorism Partnerships 

11 Fund, $2,100,000,000. 

12 (14) For the Iraq Train and Equip Fund, 

13 $715,000,000. 

14 (15) For the Syria Train and Equip Fund, 

15 $600,000,000. 

16 SEC. 1509. MILITARY PERSONNEL. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2016 to the Department of Defense for military 

19 personnel accounts in the total amount of $3,204,758,000. 

20 SEC. 1510. WORKING CAPITAL FUNDS. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2016 for the use of the Armed Forces and other 

23 activities and agencies of the Department of Defense for 

24 providing capital for Defense Working Capital Funds in 

25 the amount of $88,850,000. 


smartinez on DSK4TPTVN1PROD with BILLS
273 

•S 1118 IS

1 SEC. 1511. DEFENSE HEALTH PROGRAM. 

2 Funds are hereby authorized to be appropriated for 

3 the Department of Defense for fiscal year 2016 for ex4 penses, not otherwise provided for, for the Defense Health 

5 Program in the amount of $272,704,000 for operation and 

6 maintenance. 

7 SEC. 1512. DRUG INTERDICTION AND COUNTER-DRUG AC8 TIVITIES, DEFENSE-WIDE. 

9 Funds are hereby authorized to be appropriated for 

10 the Department of Defense for fiscal year 2016 for ex11 penses, not otherwise provided for, for Drug Interdiction 

12 and Counter-Drug Activities, Defense-wide in the amount 

13 of $186,000,000. 

14 SEC. 1513. DEFENSE INSPECTOR GENERAL. 

15 Funds are hereby authorized to be appropriated for 

16 the Department of Defense for fiscal year 2016 for ex17 penses, not otherwise provided for, for the Office of the 

18 Inspector General of the Department of Defense in the 

19 amount of $10,262,000. 

20 DIVISION B—MILITARY CON21 STRUCTION AUTHORIZA22 TIONS 

23 SEC. 2001. SHORT TITLE. 

24 This division may be cited as the ‘‘Military Construc25 tion Authorization Act for Fiscal Year 2016’’. 


smartinez on DSK4TPTVN1PROD with BILLS
274 

•S 1118 IS

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, 2018; or 

13 (2) the date of the enactment of an Act author14 izing funds for military construction for fiscal year 

15 2019. 

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, 2018; or 

24 (2) the date of the enactment of an Act author25 izing funds for fiscal year 2018 for military con26 struction projects, land acquisition, family housing 


smartinez on DSK4TPTVN1PROD with BILLS
275 

•S 1118 IS

1 projects and facilities, or contributions to the North 

2 Atlantic Treaty Organization Security Investment 

3 Program. 

4 SEC. 2003. EFFECTIVE DATE. 

5 Titles XXI through XXVII shall take effect on the 

6 later of— 

7 (1) October 1, 2015; or 

8 (2) the date of the enactment of this Act. 

9 TITLE XXI—ARMY MILITARY 

10 CONSTRUCTION 

11 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

12 ACQUISITION PROJECTS. 

13 (a) INSIDE THE UNITED STATES.—Using amounts 

14 appropriated pursuant to the authorization of appropria15 tions in section 2104(a) and available for military con16 struction projects inside the United States as specified in 

17 the funding table in section 3002, the Secretary of the 

18 Army may acquire real property and carry out military 

19 construction projects for the installations or locations in20 side the United States, and in the amounts, set forth in 

21 the following table: 

Army: Inside the United States 

State Installation Amount 

Alaska ............................... Fort Greely ........................................... $7,800,000

California .......................... Concord ................................................. $98,000,000

Colorado ............................ Fort Carson .......................................... $5,800,000

Georgia .............................. Fort Gordon .......................................... $90,000,000

New York .......................... Fort Drum ............................................ $19,000,000

U.S. Military Academy ......................... $70,000,000

Oklahoma .......................... Fort Sill ................................................ $69,400,000

Texas ................................. Corpus Christi ...................................... $85,000,000


smartinez on DSK4TPTVN1PROD with BILLS
276 

•S 1118 IS

Army: Inside the United States—Continued 

State Installation Amount 

Joint Base San Antonio ....................... $43,000,000

Virginia ............................. Fort Lee ................................................ $33,000,000

Joint Base Myer-Henderson ................. $37,000,000. 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a) and available for military con4 struction projects outside the United States as specified 

5 in the funding table in section 3002, the Secretary of the 

6 Army may acquire real property and carry out the military 

7 construction project for the installations or locations out8 side the United States, and in the amount, set forth in 

9 the following table: 

Army: Outside the United States 

Country Installation Amount 

Germany ................... Grafenwoehr ................................................ $51,000,000. 

10 SEC. 2102. FAMILY HOUSING. 

11 (a) CONSTRUCTION AND ACQUISITION.—Using 

12 amounts appropriated pursuant to the authorization of ap13 propriations in section 2104(a) and available for military 

14 family housing functions as specified in the funding table 

15 in section 3002, the Secretary of the Army may construct 

16 or acquire family housing units (including land acquisition 

17 and supporting facilities) at the installations or locations, 

18 in the number of units, and in the amounts set forth in 

19 the following table: 


smartinez on DSK4TPTVN1PROD with BILLS
277 

•S 1118 IS

Army: Family Housing 

State/Country Installation Units Amount 

Florida .................. Camp Rudder .............................. Family 

Housing 

New 

Construction.

$8,000,000

Illinois ................... Rock Island ................................. Family 

Housing 

New 

Construction.

$20,000,000

Korea .................... Camp Walker .............................. Family 

Housing 

New 

Construction.

$61,000,000. 

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2104(a) and available for military family housing 

4 functions as specified in the funding table in section 3002, 

5 the Secretary of the Army may carry out architectural and 

6 engineering services and construction design activities 

7 with respect to the construction or improvement of family 

8 housing units in an amount not to exceed $7,195,000. 

9 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

10 UNITS. 

11 Subject to section 2825 of title 10, United States 

12 Code, and using amounts appropriated pursuant to the 

13 authorization of appropriations in section 2104(a) and 

14 available for military family housing functions as specified 

15 in the funding table in section 3002, the Secretary of the 

16 Army may improve existing military family housing units 

17 in an amount not to exceed $3,500,000. 


smartinez on DSK4TPTVN1PROD with BILLS
278 

•S 1118 IS

1 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

3 are hereby authorized to be appropriated for fiscal years 

4 beginning after September 30, 2015, for military con5 struction, land acquisition, and military family housing 

6 functions of the Department of the Army as specified in 

7 the funding table in section 3002. 

8 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

9 PROJECTS.—Notwithstanding the cost variations author10 ized by section 2853 of title 10, United States Code, and 

11 any other cost variation authorized by law, the total cost 

12 of all projects carried out under section 2101 of this Act 

13 may not exceed the total amount authorized to be appro14 priated under subsection (a), as specified in the funding 

15 table in section 3002. 

16 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

17 CERTAIN FISCAL YEAR 2013 PROJECT. 

18 In the case of the authorization contained in the table 

19 in section 2101(a) of the Military Construction Authoriza20 tion Act for Fiscal Year 2013 (division B of Public Law 

21 112–239; 126 Stat. 2119) for the United States Military 

22 Academy, New York, for construction of a Cadet barracks 

23 building at the installation, the Secretary of the Army may 

24 install mechanical equipment and distribution lines suffi25 cient to provide chilled water for air conditioning the nine 


smartinez on DSK4TPTVN1PROD with BILLS
279 

•S 1118 IS

1 existing historical Cadet barracks which are being ren2 ovated through the Cadet Barracks Upgrade Program. 

3 SEC. 2106. EXTENSION OF AUTHORIZATION OF CERTAIN 

4 FISCAL YEAR 2012 PROJECT. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2012 (division B of Public Law 112–81; 125 Stat. 

8 1660), the authorization set forth in the table in sub9 section (b), as provided in section 2101 of that Act (125 

10 Stat. 1661), shall remain in effect until October 1, 2016, 

11 or the date of the enactment of an Act authorizing funds 

12 for military construction for fiscal year 2017, whichever 

13 is later. 

14 (b) TABLE.—The table referred to in subsection (a) 

15 is as follows: 

Army: Extension of 2012 Project Authorization 

State Installation or 

Location Project Amount 

Virginia .................... Fort Belvoir ............. Road and Infrastructure Improvements.$25,000,000. 

16 SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

17 FISCAL YEAR 2013 PROJECTS. 

18 (a) EXTENSION.—Notwithstanding section 2002 of 

19 the Military Construction Authorization Act for Fiscal 

20 Year 2013 (division B of Public Law 112–239; 126 Stat. 

21 2118), the authorizations set forth in the table in sub22 section (b), as provided in section 2101 of that Act (126 


smartinez on DSK4TPTVN1PROD with BILLS
280 

•S 1118 IS

1 Stat. 2119) shall remain in effect until October 1, 2016, 

2 or the date of the enactment of an Act authorizing funds 

3 for military construction for fiscal year 2017, whichever 

4 is later. 

5 (b) TABLE.—The table referred to in subsection (a) 

6 is as follows: 

Army: Extension of 2013 Project Authorizations 

State Installation or 

Location Project Amount 

District of Columbia Fort McNair ............ Vehicle Storage 

Building, Installation.

$7,191,000

Kansas ..................... Fort Riley ................ Unmanned Aerial 

Vehicle Complex.

$12,184,000

North Carolina ........ Fort Bragg .............. Aerial Gunnery 

Range.

$41,945,000

Texas ....................... JB San Antonio ....... Barracks .................. $20,971,000

Virginia .................... Fort Belvoir ............. Secure Admin/Operations Facility.$93,876,000

Italy ......................... Camp Ederle ............ Barracks .................. $35,952,000

Japan ....................... Sagami ..................... Vehicle Maintenance 

Shop.

$17,976,000. 

7 SEC. 2108. ADDITIONAL AUTHORITY TO CARRY OUT CER8 TAIN FISCAL YEAR 2016 PROJECTS. 

9 (a) BRUSSELS.— 

10 (1) PROJECT AUTHORIZATION.—The Secretary 

11 of the Army may carry out a military construction 

12 project to construct a multi-sport athletic field and 

13 track and perimeter road and fencing and acquire 

14 approximately 5 acres of land adjacent to the exist15 ing Sterrebeek Dependent School site to allow relo16 cation of Army functions to the site in support of 

17 the European Infrastructure Consolidation effort, in 

18 the amount of $6,000,000. 


smartinez on DSK4TPTVN1PROD with BILLS
281 

•S 1118 IS

1 (2) USE OF UNOBLIGATED PRIOR-YEAR ARMY

2 MILITARY CONSTRUCTION FUNDS.—The Secretary 

3 may use available, unobligated Army military con4 struction funds appropriated for a fiscal year before 

5 fiscal year 2016 for the project described in para6 graph (1). 

7 (b) RHINE ORDNANCE BARRACKS.— 

8 (1) PROJECT AUTHORIZATION.—The Secretary 

9 of the Army may carry out a military construction 

10 project to construct a vehicle bridge and traffic cir11 cle to facilitate traffic flow to and from the Medical 

12 Center at Rhine Ordnance Barracks, Germany, in 

13 the amount of $12,400,000. 

14 (2) USE OF HOST-NATION PAYMENT-IN-KIND

15 FUNDS.—The Secretary may use available host-na16 tion Payment-in-Kind funding for the project de17 scribed in paragraph (1). 

18 TITLE XXII—NAVY MILITARY 

19 CONSTRUCTION 

20 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

21 ACQUISITION PROJECTS. 

22 (a) INSIDE THE UNITED STATES.—Using amounts 

23 appropriated pursuant to the authorization of appropria24 tions in section 2204(a) and available for military con25 struction projects inside the United States as specified in 


smartinez on DSK4TPTVN1PROD with BILLS
282 

•S 1118 IS

1 the funding table in section 3002, the Secretary of the 

2 Navy may acquire real property and carry out military 

3 construction projects for the installations or locations in4 side the United States, and in the amounts, set forth in 

5 the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ............................. Yuma ................................................... $50,635,000

California .......................... Camp Pendleton .................................. $44,540,000

Coronado .............................................. $4,856,000

Lemoore ............................................... $71,830,000

Point Mugu .......................................... $22,427,000

San Diego ............................................ $37,366,000

Twentynine Palms ............................... $9,160,000

Florida .............................. Jacksonville .......................................... $16,751,000

Mayport ............................................... $16,159,000

Pensacola ............................................. $18,347,000

Whiting Field ...................................... $10,421,000

Georgia ............................. Albany .................................................. $7,851,000

Kings Bay ............................................ $8,099,000

Townsend ............................................. $48,279,000

Hawaii .............................. Barking Sands ..................................... $30,623,000

Joint Base Pearl Harbor-Hickam ....... $14,881,000

Kaneohe Bay ....................................... $106,618,000

Maryland .......................... Patuxent River .................................... $40,935,000

North Carolina ................. Camp Lejeune ..................................... $54,849,000

Cherry Point Marine Corps Air Station.$34,426,000

New River ............................................ $8,230,000

South Carolina ................. Parris Island ........................................ $27,075,000

Virginia ............................ Dam Neck ............................................ $23,066,000

Norfolk ................................................. $126,677,000

Portsmouth .......................................... $45,513,000

Quantico .............................................. $58,199,000

Washington ...................... Bangor ................................................. $34,177,000

Bremerton ............................................ $22,680,000

Indian Island ....................................... $4,472,000. 

6 (b) OUTSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2204(a) and available for military con9 struction projects outside the United States as specified 

10 in the funding table in section 3002, the Secretary of the 

11 Navy may acquire real property and carry out military 

12 construction projects for the installation or location outVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
283 

•S 1118 IS

1 side the United States, and in the amounts, set forth in 

2 the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain Island ................. SW Asia ............................................... $89,791,000

Guam ................................ Joint Region Marianas ........................ $181,768,000

Italy .................................. Sigonella .............................................. $102,943,000

Japan ............................... Camp Butler ........................................ $11,697,000

Iwakuni ................................................ $17,923,000

Kadena AB .......................................... $23,310,000

Yokosuka ............................................. $13,846,000

Poland .............................. RedziKowo Base .................................. $51,270,000. 

3 SEC. 2202. FAMILY HOUSING. 

4 (a) CONSTRUCTION AND ACQUISITION.—Using 

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2204(a) and available for military 

7 family housing functions as specified in the funding table 

8 in section 3002, the Secretary of the Navy may construct 

9 or acquire family housing units (including land acquisition 

10 and supporting facilities) at the installations or locations, 

11 in the number of units, and in the amounts set forth in 

12 the following table: 

Navy: Family Housing 

State Installation Units Amount 

Virginia ...................... Wallops Island .......... Family Housing New 

Construction.

$438,000. 

13 (b) PLANNING AND DESIGN.—Using amounts appro14 priated pursuant to the authorization of appropriations in 

15 section 2204(a) and available for military family housing 

16 functions as specified in the funding table in section 3002, 

17 the Secretary of the Navy may carry out architectural and 


smartinez on DSK4TPTVN1PROD with BILLS
284 

•S 1118 IS

1 engineering services and construction design activities 

2 with respect to the construction or improvement of family 

3 housing units in an amount not to exceed $4,588,000. 

4 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

5 UNITS. 

6 Subject to section 2825 of title 10, United States 

7 Code, and using amounts appropriated pursuant to the 

8 authorization of appropriations in section 2204(a) and 

9 available for military family housing functions as specified 

10 in the funding table in section 3002, the Secretary of the 

11 Navy may improve existing military family housing units 

12 in an amount not to exceed $11,515,000. 

13 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

15 are hereby authorized to be appropriated for fiscal years 

16 beginning after September 30, 2015, for military con17 struction, land acquisition, and military family housing 

18 functions of the Department of the Navy, as specified in 

19 the funding table in section 3002. 

20 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

21 PROJECTS.—Notwithstanding the cost variations author22 ized by section 2853 of title 10, United States Code, and 

23 any other cost variation authorized by law, the total cost 

24 of all projects carried out under section 2201 of this Act 

25 may not exceed the total amount authorized to be approVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
285 

•S 1118 IS

1 priated under subsection (a), as specified in the funding 

2 table in section 3002. 

3 SEC. 2205. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2012 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2012 (division B of Public Law 112–81; 125 Stat. 

8 1660), the authorizations set forth in the table in sub9 section (b), as provided in section 2201 of that Act (125 

10 Stat. 1666) and extended by section 2208 of the Military 

11 Construction Authorization Act for Fiscal Year 2015 (di12 vision B of Public Law 113–291; 128 Stat. XXXX), shall 

13 remain in effect until October 1, 2016, or the date of the 

14 enactment of an Act authorizing funds for military con15 struction for fiscal year 2017, whichever is later. 

16 (b) TABLE.—The table referred to in subsection (a) 

17 is as follows: 

Navy: Extension of 2012 Project Authorizations 

State Installation or 

Location Project Amount 

California ................. Camp Pendleton ...... Infantry Squad Defense Range.$29,187,000

Florida ..................... Jacksonville .............. P–8A Hangar Upgrades.$6,085,000

Georgia .................... Kings Bay ................ Crab Island Security 

Enclave.

$52,913,000. 

18 SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

19 FISCAL YEAR 2013 PROJECTS. 

20 (a) EXTENSION.—Notwithstanding section 2002 of 

21 the Military Construction Authorization Act for Fiscal 


smartinez on DSK4TPTVN1PROD with BILLS
286 

•S 1118 IS

1 Year 2013 (division B of Public Law 112–239; 126 Stat. 

2 2118), the authorizations set forth in the table in sub3 section (b), as provided in section 2201 of that Act (126 

4 Stat. 2122), shall remain in effect until October 1, 2016, 

5 or the date of the enactment of an Act authorizing funds 

6 for military construction for fiscal year 2017, whichever 

7 is later. 

8 (b) TABLE.—The table referred to in subsection (a) 

9 is as follows: 

Navy: Extension of 2013 Project Authorizations 

State/Country Installation or 

Location Project Amount 

California ................. Camp Pendleton ...... Comm. Information 

Systems Ops Complex.

$78,897,000

Coronado .................. Bachelor Quarters ... $76,063,000

Twentynine Palms ... Land Expansion 

Phase 2.

$47,270,000

Greece ...................... Souda Bay ............... Intermodal Access 

Road.

$4,630,000

South Carolina ......... Beaufort ................... Recycling/Hazardous 

Waste Facility.

$3,743,000

Virginia .................... Quantico .................. Infrastructure— 

Widen Russell 

Road.

$14,826,000

Worldwide Unspecified.Various Worldwide 

Locations.

BAMS Operational 

Facilities.

$34,048,000. 

10 TITLE XXIII—AIR FORCE 

11 MILITARY CONSTRUCTION 

12 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

13 LAND ACQUISITION PROJECTS. 

14 (a) INSIDE THE UNITED STATES.—Using amounts 

15 appropriated pursuant to the authorization of appropria16 tions in section 2304(a) and available for military con17 struction projects inside the United States as specified in 


smartinez on DSK4TPTVN1PROD with BILLS
287 

•S 1118 IS

1 the funding table in section 3002, the Secretary of the 

2 Air Force may acquire real property and carry out mili3 tary construction projects for the installations or locations 

4 inside the United States, and in the amounts, set forth 

5 in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ............................... Eielson AFB ........................................ $71,400,000

Arizona ............................. Davis-Monthan AFB ........................... $16,900,000

Luke AFB ........................................... $56,700,000

Colorado ........................... U.S. Air Force Academy ..................... $10,000,000

Florida .............................. Cape Canaveral AFS ........................... $21,000,000

Eglin AFB ........................................... $8,700,000

Hurlburt Field ..................................... $14,200,000

Hawaii .............................. Joint Base Pearl Harbor-Hickam ....... $46,000,000

Kansas .............................. McConnell AFB ................................... $4,300,000

Missouri ............................ Whiteman AFB ................................... $29,500,000

Montana ........................... Malmstrom AFB ................................. $19,700,000

Nebraska .......................... Offutt AFB .......................................... $21,000,000

Nevada ............................. Nellis AFB .......................................... $68,950,000

New Mexico ...................... Cannon AFB ....................................... $7,800,000

Holloman AFB .................................... $3,000,000

Kirtland AFB ...................................... $12,800,000

North Carolina ................. Seymour Johnson AFB ....................... $17,100,000

Oklahoma ......................... Altus AFB ........................................... $28,400,000

Tinker AFB ......................................... $49,900,000

South Dakota ................... Ellsworth AFB .................................... $23,000,000

Texas ................................ Joint Base San Antonio ...................... $106,000,000

Utah ................................. Hill AFB ............................................. $38,400,000

Wyoming .......................... F. E. Warren AFB .............................. $95,000,000

CONUS Classified ............ Classified Location .............................. $77,130,000. 

6 (b) OUTSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2304(a) and available for military con9 struction projects outside the United States as specified 

10 in the funding table in section 3002, the Secretary of the 

11 Air Force may acquire real property and carry out mili12 tary construction projects for the installation or location 

13 outside the United States, and in the amount, set forth 

14 in the following table: 


smartinez on DSK4TPTVN1PROD with BILLS
288 

•S 1118 IS

Air Force: Outside the United States 

Country Installation or Location Amount 

Greenland ....................... Thule AB ............................................. $41,965,000

Guam .............................. Joint Region Marianas ........................ $50,800,000

Japan ............................. Kadena AB .......................................... $3,000,000

Yokota AB ........................................... $8,461,000

Niger .............................. Agadez ................................................. $50,000,000

Oman .............................. Al Musannah AB ................................. $25,000,000

United Kingdom ............. Croughton RAF ................................... $130,615,000. 

1 SEC. 2302. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2304(a) and available 

4 for military family housing functions as specified in the 

5 funding table in section 3002, the Secretary of the Air 

6 Force may carry out architectural and engineering serv7 ices and construction design activities with respect to the 

8 construction or improvement of family housing units in an 

9 amount not to exceed $9,849,000. 

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(a) and 

15 available for military family housing functions as specified 

16 in the funding table in section 3002, the Secretary of the 

17 Air Force may improve existing military family housing 

18 units in an amount not to exceed $150,649,000. 


smartinez on DSK4TPTVN1PROD with BILLS
289 

•S 1118 IS

1 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

2 FORCE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

4 are hereby authorized to be appropriated for fiscal years 

5 beginning after September 30, 2015, for military con6 struction, land acquisition, and military family housing 

7 functions of the Department of the Air Force, as specified 

8 in the funding table in section 3002. 

9 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

10 PROJECTS.—Notwithstanding the cost variations author11 ized by section 2853 of title 10, United States Code, and 

12 any other cost variation authorized by law, the total cost 

13 of all projects carried out under section 2301 of this Act 

14 may not exceed the total amount authorized to be appro15 priated under subsection (a), as specified in the funding 

16 table in section 3002. 

17 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT 

18 CERTAIN FISCAL YEAR 2010 PROJECT. 

19 In the case of the authorization contained in the table 

20 in section 2301(a) of the Military Construction Authoriza21 tion Act for Fiscal Year 2010 (division B of Public Law 

22 111–84; 123 Stat. 2636), for Hickam Air Force Base, Ha23 waii, for construction of a ground control tower at the in24 stallation, the Secretary of the Air Force may install com25 munications cabling. 


smartinez on DSK4TPTVN1PROD with BILLS
290 

•S 1118 IS

1 SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2014 PROJECT. 

3 In the case of the authorization contained in the table 

4 in section 2301(b) of the Military Construction Authoriza5 tion Act for Fiscal Year 2014 (division B of Public Law 

6 113–66; 127 Stat. 993) for RAF Lakenheath, United 

7 Kingdom, for construction of a Guardian Angel Oper8 ations Facility at the installation, the Secretary of the Air 

9 Force may construct the facility at an unspecified world10 wide location. 

11 SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT 

12 CERTAIN FISCAL YEAR 2015 PROJECT. 

13 In the case of the authorization contained in the table 

14 in section 2301(a) of the Military Construction Authoriza15 tion Act for Fiscal Year 2015 (division B of Public Law 

16 113–291; 128 Stat. XXXX) for McConnell Air Force 

17 Base, Kansas, for construction of a KC–46A Alter Com18 posite Maintenance Shop at the installation, the Secretary 

19 of the Air Force may construct a 696 square meter (7,500 

20 square foot) facility consistent with Air Force guidelines 

21 for composite maintenance shops. 

22 SEC. 2308. EXTENSION OF AUTHORIZATION OF CERTAIN 

23 FISCAL YEAR 2012 PROJECT. 

24 (a) EXTENSION.—Notwithstanding section 2002 of 

25 the Military Construction Authorization Act for Fiscal 

26 Year 2012 (division B of Public Law 112–81; 125 Stat. 


smartinez on DSK4TPTVN1PROD with BILLS
291 

•S 1118 IS

1 1660), the authorization set forth in the table in sub2 section (b), as provided in section 2301 of that Act (125 

3 Stat. 1670), shall remain in effect until October 1, 2016, 

4 or the date of the enactment of an Act authorizing funds 

5 for military construction for fiscal year 2017, whichever 

6 is later. 

7 (b) TABLE.—The table referred to in subsection (a) 

8 is as follows: 

Air Force: Extension of 2012 Project Authorization 

Country Installation Project Amount 

Italy .......................... Sigonella Naval Air 

Station.

UAS SATCOM 

Relay Pads and 

Facility.

$15,000,000. 

9 SEC. 2309. EXTENSION OF AUTHORIZATION OF CERTAIN 

10 FISCAL YEAR 2013 PROJECT. 

11 (a) EXTENSION.—Notwithstanding section 2002 of 

12 the Military Construction Authorization Act for Fiscal 

13 Year 2013 (division B of Public Law 112–239; 126 Stat. 

14 2118), the authorization set forth in the table in sub15 section (b), as provided in section 2301 of that Act (126 

16 Stat. 2126), shall remain in effect until October 1, 2016, 

17 or the date of the enactment of an Act authorizing funds 

18 for military construction for fiscal year 2017, whichever 

19 is later. 

20 (b) TABLE.—The table referred to in subsection (a) 

21 is as follows: 


smartinez on DSK4TPTVN1PROD with BILLS
292 

•S 1118 IS

Air Force: Extension of 2013 Project Authorization 

Country Installation Project Amount 

Portugal ................... Lajes Field ............... Sanitary Sewer Lift/ 

Pump Station.

$2,000,000. 

1 TITLE XXIV—DEFENSE AGEN2 CIES MILITARY CONSTRUC3 TION 

4 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC5 TION AND LAND ACQUISITION PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in section 2403(a) and available for military con9 struction projects inside the United States as specified in 

10 the funding table in section 3002, the Secretary of De11 fense may acquire real property and carry out military 

12 construction projects for the installations or locations in13 side the United States, and in the amounts, set forth in 

14 the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Alabama ......................... Fort Rucker ......................................... $46,787,000

Maxwell AFB ....................................... $32,968,000

Arizona ........................... Fort Huachuca .................................... $3,884,000

California ........................ Camp Pendleton .................................. $20,552,000

Coronado .............................................. $47,218,000

Fresno Yosemite IAP ANG ................. $10,700,000

Colorado ......................... Fort Carson ......................................... $8,243,000

CONUS Classified .......... Classified Location .............................. $20,065,000

Delaware ........................ Dover AFB .......................................... $21,600,000

Florida ............................ Hurlburt Field ..................................... $17,989,000

MacDill AFB ....................................... $39,142,000

Georgia ........................... Moody AFB ......................................... $10,900,000

Hawaii ............................ Kaneohe Bay ....................................... $122,071,000

Schofield Barracks .............................. $123,838,000

Kentucky ........................ Fort Campbell ..................................... $12,553,000

Fort Knox ............................................ $23,279,000

Maryland ........................ Fort Meade .......................................... $816,077,000

Nevada ........................... Nellis AFB .......................................... $39,900,000


smartinez on DSK4TPTVN1PROD with BILLS
293 

•S 1118 IS

Defense Agencies: Inside the United States—Continued 

State Installation or Location Amount 

New Mexico .................... Cannon AFB ....................................... $45,111,000

New York ....................... West Point ........................................... $55,778,000

North Carolina ............... Camp Lejeune ..................................... $69,006,000

Fort Bragg .......................................... $168,811,000

Ohio ................................ Wright-Patterson AFB ........................ $6,623,000

Oregon ............................ Klamath Falls IAP .............................. $2,500,000

Pennsylvania .................. Philadelphia ......................................... $49,700,000

South Carolina ............... Fort Jackson ....................................... $26,157,000

Texas .............................. Joint Base San Antonio ...................... $61,776,000

Virginia .......................... Fort Belvoir ......................................... $9,500,000

Joint Base Langley-Eustis .................. $28,000,000

Joint Expeditionary Base Little 

Creek-Story.

$23,916,000. 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a) and available for military con4 struction projects outside the United States as specified 

5 in the funding table in section 3002, the Secretary of De6 fense may acquire real property and carry out military 

7 construction projects for the installations or locations out8 side the United States, and in the amounts, set forth in 

9 the following table: 

Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Djibouti ............................. Camp Lemonier .................................... $43,700,000

Germany ............................ Garmisch ............................................... $14,676,000

Grafenwoehr .......................................... $38,138,000

Spangdahlem AB .................................. $39,571,000

Stuttgart-Patch Barracks ..................... $49,413,000

Japan ................................ Kadena AB ........................................... $37,485,000

Poland ............................... RedziKowo Base ................................... $169,153,000

Spain ................................. Rota ...................................................... $13,737,000. 

10 SEC. 2402. AUTHORIZED ENERGY CONSERVATION 

11 PROJECTS. 

12 Using amounts appropriated pursuant to the author13 ization of appropriations in section 2403(a) and available 


smartinez on DSK4TPTVN1PROD with BILLS
294 

•S 1118 IS

1 for energy conservation projects as specified in the funding 

2 table in section 3202, the Secretary of Defense may carry 

3 out energy conservation projects under chapter 173 of title 

4 10, United States Code, in the amount set forth in the 

5 table. 

6 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE7 FENSE AGENCIES. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

9 are hereby authorized to be appropriated for fiscal years 

10 beginning after September 30, 2015, for military con11 struction, land acquisition, and military family housing 

12 functions of the Department of Defense (other than the 

13 military departments), as specified in the funding table 

14 in section 3002. 

15 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

16 PROJECTS.—Notwithstanding the cost variations author17 ized by section 2853 of title 10, United States Code, and 

18 any other cost variation authorized by law, the total cost 

19 of all projects carried out under section 2401 of this Act 

20 may not exceed the total amount authorized to be appro21 priated under subsection (a), as specified in the funding 

22 table in section 3002. 


smartinez on DSK4TPTVN1PROD with BILLS
295 

•S 1118 IS

1 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2012 PROJECT. 

3 In the case of the authorization in the table in section 

4 2401(a) of the Military Construction Authorization Act 

5 for Fiscal Year 2012 (division B of Public Law 112–81; 

6 125 Stat. 1672), as amended by section 2404(a) of the 

7 Military Construction Authorization Act for Fiscal Year 

8 2013 (division B of Public Law 112–239; 126 Stat. 1632), 

9 for Fort Meade, Maryland, for construction of the High 

10 Performance Computing Center at the installation, the 

11 Secretary of Defense may construct a generator plant ca12 pable of producing up to 60 megawatts of back-up elec13 trical power in support of the 60 megawatt technical load. 

14 SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

15 FISCAL YEAR 2012 PROJECTS. 

16 (a) EXTENSION.—Notwithstanding section 2002 of 

17 the Military Construction Authorization Act for Fiscal 

18 Year 2012 (division B of Public Law 112–81; 125 Stat. 

19 1660), the authorization set forth in the table in sub20 section (b), as provided in section 2401 of that Act (125 

21 Stat. 1672) and as amended by section 2405 of the Mili22 tary Construction Authorization Act for Fiscal Year 2015 

23 (division B of Public Law 113–291; 128 Stat. XXXX), 

24 shall remain in effect until October 1, 2016, or the date 

25 of the enactment of an Act authorizing funds for military 

26 construction for fiscal year 2017, whichever is later. 


smartinez on DSK4TPTVN1PROD with BILLS
296 

•S 1118 IS

1 (b) TABLE.—The table referred to in subsection (a) 

2 is as follows: 

Defense Agencies: Extension of 2012 Project Authorizations 

State Installation Project Amount 

California ................. Naval Base Coronado.SOF Support Activity Operations 

Facility.

$38,800,000

Virginia .................... Pentagon Reservation.Heliport Control 

Tower and Fire 

Station.

$6,457,000

Pedestrian Plaza .... $2,285,000. 

3 SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2013 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2013 (division B of Public Law 112–239; 126 Stat. 

8 2118), the authorizations set forth in the table in sub9 section (b), as provided in section 2401(a) of that Act 

10 (126 Stat. 2127), shall remain in effect until October 1, 

11 2016, or the date of the enactment of an Act authorizing 

12 funds for military construction for fiscal year 2017, which13 ever is later. 

14 (b) TABLE.—The table referred to in subsection (a) 

15 is as follows: 

Defense Agencies: Extension of 2013 Project Authorizations 

State Installation or 

Location Project Amount 

California ................. Naval Base Coronado.SOF Mobile Communications Detachment Support 

Facility.

$9,327,000

Colorado ................... Pikes Peak .............. High Altitude Medical Research 

Center.

$3,600,000

Hawaii ...................... Joint Base Pearl 

Harbor-Hickam.

SOF SDVT–1 Waterfront Operations Facility.$22,384,000


smartinez on DSK4TPTVN1PROD with BILLS
297 

•S 1118 IS

Defense Agencies: Extension of 2013 Project Authorizations— 

Continued 

State Installation or 

Location Project Amount 

Pennsylvania ............ Def Distribution 

Depot New Cumberland.

Replace Reservoir ... $4,300,000. 

1 SEC. 2407. ADDITIONAL AUTHORITY TO CARRY OUT CER2 TAIN FISCAL YEAR 2016 PROJECT. 

3 (a) PROJECT AUTHORIZATION.—The Secretary of 

4 Defense may carry out a military construction project to 

5 construct a 102,000-square foot medical clinic at Fort 

6 Knox, Kentucky, in the amount of $80,000,000. 

7 (b) USE OF UNOBLIGATED PRIOR-YEAR DEFENSE8 WIDE MILITARY CONSTRUCTION FUNDS.—The Secretary 

9 may use available, unobligated Defense-wide military con10 struction funds appropriated for a fiscal year before fiscal 

11 year 2016 for the project described in subsection (a). 

12 (c) CONGRESSIONAL NOTIFICATION.—The Secretary 

13 of Defense shall provide information in accordance with 

14 section 2851(c) of title 10, United States Code, regarding 

15 the project described in subsection (a). If it becomes nec16 essary to exceed the estimated project cost, the Secretary 

17 shall utilize the authority provided by section 2853 of such 

18 title regarding authorized cost and scope of work vari19 ations. 


smartinez on DSK4TPTVN1PROD with BILLS
298 

•S 1118 IS

1 TITLE XXV—NORTH ATLANTIC 

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM 

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 The Secretary of Defense may make contributions for 

8 the North Atlantic Treaty Organization Security Invest9 ment Program as provided in section 2806 of title 10, 

10 United States Code, in an amount not to exceed the sum 

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the 

13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States. 

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2015, for con18 tributions by the Secretary of Defense under section 2806 

19 of title 10, United States Code, for the share of the United 

20 States of the cost of projects for the North Atlantic Treaty 

21 Organization Security Investment Program authorized by 

22 section 2501 as specified in the funding table in section 

23 3002. 


smartinez on DSK4TPTVN1PROD with BILLS
299 

•S 1118 IS

1 TITLE XXVI—GUARD AND 

2 RESERVE FORCES FACILITIES 

3 Subtitle A—Project Authorizations 

4 and Authorization of Appropria5 tions 

6 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON7 STRUCTION AND LAND ACQUISITION 

8 PROJECTS. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2606 and available for 

11 the National Guard and Reserve as specified in the fund12 ing table in section 3002, the Secretary of the Army may 

13 acquire real property and carry out military construction 

14 projects for the Army National Guard locations inside the 

15 United States, and in the amounts, set forth in the fol16 lowing table: 

Army National Guard 

State Location Amount 

Connecticut ....................... Camp Hartell ........................................ $11,000,000

Florida .............................. Palm Coast ........................................... $18,000,000

Illinois ............................... Sparta ................................................... $1,900,000

Kansas .............................. Salina .................................................... $6,700,000

Maryland ........................... Easton ................................................... $13,800,000

Nevada .............................. Reno ...................................................... $8,000,000

Ohio ................................... Camp Ravenna ...................................... $3,300,000

Oregon ............................... Salem .................................................... $16,500,000

Pennsylvania ..................... Fort Indiantown Gap ............................ $16,000,000

Vermont ............................ North Hyde Park .................................. $7,900,000

Virginia ............................. Richmond .............................................. $29,000,000. 


smartinez on DSK4TPTVN1PROD with BILLS
300 

•S 1118 IS

1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

2 AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the fund6 ing table in section 3002, the Secretary of the Army may 

7 acquire real property and carry out military construction 

8 projects for the Army Reserve locations inside the United 

9 States, and in the amounts, set forth in the following 

10 table: 

Army Reserve 

State Location Amount 

California .......................... Miramar ................................................ $24,000,000

Florida .............................. MacDill AFB ........................................ $55,000,000

New York .......................... Orangeburg ........................................... $4,200,000

Pennsylvania ..................... Conneaut Lake ..................................... $5,000,000. 

11 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

12 CORPS RESERVE CONSTRUCTION AND LAND 

13 ACQUISITION PROJECTS. 

14 Using amounts appropriated pursuant to the author15 ization of appropriations in section 2606 and available for 

16 the National Guard and Reserve as specified in the fund17 ing table in section 3002, the Secretary of the Navy may 

18 acquire real property and carry out military construction 

19 projects for the Navy Reserve and Marine Corps Reserve 

20 locations inside the United States, and in the amounts, 

21 set forth in the following table: 


smartinez on DSK4TPTVN1PROD with BILLS
301 

•S 1118 IS

Navy Reserve and Marine Corps Reserve 

State Location Amount 

Nevada .............................. Fallon .................................................... $11,480,000

New York .......................... Brooklyn ............................................... $2,479,000

Virginia ............................. Dam Neck ............................................. $18,443,000. 

1 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606 and available for 

5 the National Guard and Reserve as specified in the fund6 ing table in section 3002, the Secretary of the Air Force 

7 may acquire real property and carry out military construc8 tion projects for the Air National Guard locations inside 

9 the United States, and in the amounts, set forth in the 

10 following table: 

Air National Guard 

State Location Amount 

Alabama ............................ Dannelly Field ...................................... $7,600,000

California .......................... Moffett Field ......................................... $6,500,000

Colorado ............................ Buckley Air Force Base ....................... $5,100,000

Georgia .............................. Savannah/Hilton Head IAP .................. $9,000,000

Iowa .................................. Des Moines Map ................................... $6,700,000

Kansas .............................. Smokey Hill ANG Range ..................... $2,900,000

Louisiana .......................... New Orleans ......................................... $10,000,000

Maine ................................ Bangor IAP .......................................... $7,200,000

New Hampshire ................ Pease International Trade Port ........... $2,800,000

New Jersey ....................... Atlantic City IAP .................................. $10,200,000

New York .......................... Niagara Falls IAP ................................ $7,700,000

North Carolina .................. Charlotte/Douglas IAP ......................... $9,000,000

North Dakota .................... Hector IAP ........................................... $7,300,000

Oklahoma .......................... Will Rogers World Airport ................... $7,600,000

Oregon ............................... Klamath Falls IAP ............................... $7,200,000

West Virginia .................... Yeager Airport ...................................... $3,900,000. 

11 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC12 TION AND LAND ACQUISITION PROJECTS. 

13 Using amounts appropriated pursuant to the author14 ization of appropriations in section 2606 and available for 


smartinez on DSK4TPTVN1PROD with BILLS
302 

•S 1118 IS

1 the National Guard and Reserve as specified in the fund2 ing table in section 3002, the Secretary of the Air Force 

3 may acquire real property and carry out military construc4 tion projects for the Air Force Reserve locations inside 

5 the United States, and in the amounts, set forth in the 

6 following table: 

Air Force Reserve 

State Location Amount 

California ........................... March AFB ............................................ $4,600,000

Florida ............................... Patrick AFB .......................................... $3,400,000

Ohio ................................... Youngstown ............................................ $9,400,000

Texas ................................. Joint Base San Antonio ......................... $9,900,000. 

7 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA8 TIONAL GUARD AND RESERVE. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2015, for the 

11 costs of acquisition, architectural and engineering services, 

12 and construction of facilities for the Guard and Reserve 

13 Forces, and for contributions therefor, under chapter 

14 1803 of title 10, United States Code (including the cost 

15 of acquisition of land for those facilities), as specified in 

16 the funding table in section 3002. 

17 Subtitle B—Other Matters 

18 SEC. 2611. MODIFICATION AND EXTENSION OF AUTHORITY 

19 TO CARRY OUT CERTAIN FISCAL YEAR 2013 

20 PROJECT. 

21 (a) MODIFICATION.—In the case of the authorization 

22 contained in the table in section 2602 of the Military ConVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
303 

•S 1118 IS

1 struction Authorization Act for Fiscal Year 2013 (division 

2 B of Public Law 112–239; 126 Stat. 2135) for Aberdeen 

3 Proving Ground, Maryland, for construction of an Army 

4 Reserve Center at that location, the Secretary of the Army 

5 may construct a new facility in the vicinity of Aberdeen 

6 Proving Ground, Maryland. 

7 (b) DURATION OF AUTHORITY.—Notwithstanding 

8 section 2002 of the Military Construction Act for Fiscal 

9 Year 2013 (division B of Public Law 112–239; 126 Stat. 

10 2118), the authorization set forth in subsection (a) shall 

11 remain in effect until October 2016, or the date of the 

12 enactment of an Act authorizing funds for military con13 struction for fiscal year 2017, whichever is later. 

14 SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT 

15 CERTAIN FISCAL YEAR 2015 PROJECTS. 

16 (a) DAVIS-MONTHAN AFB.—In the case of the au17 thorization contained in the table in section 2605 of the 

18 Military Construction Authorization Act for Fiscal Year 

19 2015 (division B of Public Law 113–291; 128 Stat. 

20 XXXX) for Davis-Monthan Air Force Base, Arizona, for 

21 construction of a Guardian Angel Operations facility at 

22 that location, the Secretary of the Air Force may con23 struct a new facility in the amount of $18,200,000. 

24 (b) FORT SMITH.—In the case of the authorization 

25 contained in the table in section 2604 of the Military ConVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
304 

•S 1118 IS

1 struction Authorization Act for Fiscal Year 2015 (division 

2 B of Public Law 113–291; 128 Stat. XXXX) for Fort 

3 Smith Municipal Airport, Arkansas, for construction of a 

4 consolidated Secure Compartmented Information Facility 

5 at that location, the Secretary of the Air Force may con6 struct a new facility in the amount of $15,200,000. 

7 SEC. 2613. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

8 FISCAL YEAR 2012 PROJECTS. 

9 (a) EXTENSION.—Notwithstanding section 2002 of 

10 the Military Construction Authorization Act for Fiscal 

11 Year 2012 (division B of Public Law 112–81; 125 Stat. 

12 1660), the authorizations set forth in the table in sub13 section (b), as provided in section 2602 of that Act (125 

14 Stat. 1678), and extended by section 2611 of the Military 

15 Construction Authorization Act for Fiscal Year 2015 (di16 vision B of Public Law 113–291; 128 Stat. 3690, 3691), 

17 shall remain in effect until October, 2016 or the date of 

18 the enactment of an Act authorizing funds for military 

19 construction for fiscal year 2017, whichever is later. 

20 (b) TABLE.—The table referred to in subsection (a) 

21 is as follows: 

Extension of 2012 National Guard and Reserve Project 

Authorizations 

State Location Project Amount 

Kansas ...................... Kansas City ............ Army Reserve Center.$13,000,000

Massachusetts .......... Attleboro ................. Army Reserve Center.$22,000,000. 


smartinez on DSK4TPTVN1PROD with BILLS
305 

•S 1118 IS

1 SEC. 2614. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2013 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2013 (division B of Public Law 112–239; 126 Stat. 

6 2118), the authorizations set forth in the table in sub7 section (b), as provided in sections 2601, 2602, and 2603 

8 of that Act (126 Stat. 2134, 2135) shall remain in effect 

9 until October 2016, or the date of the enactment of an 

10 Act authorizing funds for military construction for fiscal 

11 year 2017, whichever is later. 

12 (b) TABLE.—The table referred to in subsection (a) 

13 is as follows: 

Extension of 2013 National Guard and Reserve Project 

Authorizations 

State Installation or 

Location Project Amount 

Arizona .................... Yuma ....................... Reserve Training Facility—Yuma.$5,379,000

California ................. Tustin ...................... Army Reserve Center $27,000,000

Iowa ......................... Fort Des Moines ...... Joint Reserve Center—Des Moines.$19,162,000

Louisiana ................. New Orleans ............ Transient Quarters .. $7,187,000

New York ................. Camp Smith 

(Stormville).

Combined Support 

Maintenance Shop 

Phase 1.

$24,000,000. 


smartinez on DSK4TPTVN1PROD with BILLS
306 

•S 1118 IS

1 TITLE XXVII—BASE REALIGN2 MENT AND CLOSURE ACTIVI3 TIES 

4 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

5 BASE REALIGNMENT AND CLOSURE ACTIVI6 TIES FUNDED THROUGH DEPARTMENT OF 

7 DEFENSE BASE CLOSURE ACCOUNT. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal years beginning after September 30, 2015, for base 

10 realignment and closure activities, including real property 

11 acquisition and military construction projects, as author12 ized by the Defense Base Closure and Realignment Act 

13 of 1990 (part A of title XXIX of Public Law 101–510; 

14 10 U.S.C. 2687 note) and funded through the Department 

15 of Defense Base Closure Account established by section 

16 2906 of such Act (as amended by section 2711 of the Mili17 tary Construction Authorization Act for Fiscal Year 2013 

18 (division B of Public Law 112–239; 126 Stat. 2140)), as 

19 specified in the funding table in section 3002. 


smartinez on DSK4TPTVN1PROD with BILLS
307 

•S 1118 IS

1 TITLE XXVIII—MILITARY CON2 STRUCTION GENERAL PROVI3 SIONS 

4 SEC. 2801. 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 subsections (d) and (e) as 

14 subsections (e) and (f), respectively; 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; 


smartinez on DSK4TPTVN1PROD with BILLS
308 

•S 1118 IS

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 AMENDMENTS.— 

13 (1) Subsection (a) of such section is amended 

14 by striking ‘‘subsection (c) or (d)’’ and inserting 

15 ‘‘subsection (c), (d), or (e)’’. 

16 (2) Subsection (f) of such section, as redesig17 nated by subsection (a)(2), is amended by striking 

18 ‘‘through (d)’’ and inserting ‘‘through (e)’’. 

19 (c) ADDITIONAL TECHNICAL AMENDMENTS.— 

20 (1) CONFORMITY WITH GENERAL TITLE 10

21 STYLE.—Subsection (a) of such section is further 

22 amended by inserting ‘‘of this title’’ after ‘‘section 

23 2805(a)’’. 


smartinez on DSK4TPTVN1PROD with BILLS
309 

•S 1118 IS

1 (2) DELETION OF SURPLUS WORD.—Subsection 

2 (c)(1)(A) of such section is amended by striking 

3 ‘‘be’’ after ‘‘Congress can’’. 

4 SEC. 2802. ENHANCED AUTHORITY TO CARRY OUT EMER5 GENCY MILITARY CONSTRUCTION PROJECTS 

6 WHEN NECESSARY TO SUPPORT REQUIRE7 MENTS OF COMBATANT COMMANDERS. 

8 Section 2803 of title 10, United States Code, is 

9 amended— 

10 (1) by redesignating paragraph (2) of sub11 section (c) as subsection (d); and 

12 (2) in subsection (c)— 

13 (A) by striking ‘‘The maximum amount’’ 

14 and inserting ‘‘Except as provided in paragraph 

15 (2), the maximum amount’’; and 

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

17 paragraph (2): 

18 ‘‘(2) In applying the limitation under paragraph (1) 

19 for any fiscal year, the Secretary concerned may exclude 

20 any amount obligated by the Secretary under this section 

21 in that fiscal year for a military construction project that 

22 is carried out to support the requirements of the com23 mander of a combatant command, except that the max24 imum amount that may be so excluded by the Secretary 

25 concerned in any fiscal year is $25,000,000.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
310 

•S 1118 IS

1 SEC. 2803. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR 

2 THRESHOLDS APPLICABLE TO UNSPECIFIED 

3 MINOR MILITARY CONSTRUCTION AUTHORI4 TIES. 

5 Section 2805 of title 10, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(f) ADJUSTMENT OF DOLLAR LIMITATIONS FOR LO9 CATION.—Each fiscal year, the Secretary concerned shall 

10 adjust the dollar limitations specified in this section appli11 cable to an unspecified minor military construction project 

12 to reflect the area construction cost index for military con13 struction projects published by the Department of Defense 

14 during the prior fiscal year for the location of the 

15 project.’’. 

16 SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHOR17 ITY TO USE OPERATION AND MAINTENANCE 

18 FUNDS FOR CONSTRUCTION PROJECTS OUT19 SIDE THE UNITED STATES. 

20 (a) EXTENSION OF AUTHORITY.—Subsection (h) of 

21 section 2808 of the Military Construction Authorization 

22 Act for Fiscal Year 2004 (division B of Public Law 108– 

23 136; 117 Stat. 1723), as most recently amended by sec24 tion 2806 of the Military Construction Authorization Act 

25 for Fiscal Year 2015 (division B of Public Law 113–291; 

26 128 Stat. XXXX), is amended— 


smartinez on DSK4TPTVN1PROD with BILLS
311 

•S 1118 IS

1 (1) in paragraph (1), by striking ‘‘December 

2 31, 2015’’ and inserting ‘‘December 31, 2016’’; and 

3 (2) in paragraph (2), by striking ‘‘fiscal year 

4 2016’’ and inserting ‘‘fiscal year 2017’’. 

5 (b) LIMITATION ON USE OF AUTHORITY.—Sub6 section (c)(1) of such section is amended— 

7 (1) by striking ‘‘October 1, 2014’’ and inserting 

8 ‘‘October 1, 2015’’; 

9 (2) by striking ‘‘December 31, 2015’’ and in10 serting ‘‘December 31, 2016’’; and 

11 (3) by striking ‘‘fiscal year 2016’’ and inserting 

12 ‘‘fiscal year 2017’’. 

13 SEC. 2805. PRODUCTION AND USE OF NATURAL GAS AT 

14 FORT KNOX, KENTUCKY. 

15 (a) IN GENERAL.—Chapter 449 of title 10, United 

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 4781. Natural gas: production, treatment, manage19 ment, and use at Fort Knox, Kentucky 

20 ‘‘(a) AUTHORITY.—The Secretary of the Army may 

21 provide, by contract or otherwise, for the production, 

22 treatment, management, and use of natural gas located 

23 under Fort Knox, Kentucky, without regard to section 3 

24 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 

25 352). 


smartinez on DSK4TPTVN1PROD with BILLS
312 

•S 1118 IS

1 ‘‘(b) LIMITATION ON USES.—Any natural gas pro2 duced under the authority of subsection (a) may only be 

3 used to support activities and operations at Fort Knox and 

4 may not be sold for use elsewhere. 

5 ‘‘(c) OWNERSHIP OF FACILITIES.—The Secretary of 

6 the Army may take ownership of any gas production and 

7 treatment equipment and facilities and associated infra8 structure from a contractor in accordance with the terms 

9 of a contract or other agreement entered into pursuant 

10 to subsection (a). 

11 ‘‘(d) NO APPLICATION ELSEWHERE.—The authority 

12 provided by this section applies only with respect to Fort 

13 Knox, Kentucky, and nothing in this section shall be con14 strued as authorizing the production, treatment, manage15 ment, or use of natural gas resources underlying any De16 partment of Defense installation other than Fort Knox. 

17 ‘‘(e) APPLICABILITY.—The authority of the Secretary 

18 of the Army under this section is effective as of August 

19 2, 2007.’’. 

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

21 at the beginning of such chapter is amended by adding 

22 at the end the following new item: 

‘‘4781. Natural gas: production, treatment, management, and use at Fort Knox, 

Kentucky.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
313 

•S 1118 IS

1 SEC. 2806. INCREASE OF THRESHOLD OF NOTICE AND WAIT 

2 REQUIREMENT FOR CERTAIN FACILITIES 

3 FOR RESERVE COMPONENTS AND PARITY 

4 WITH AUTHORITY FOR UNSPECIFIED MINOR 

5 MILITARY CONSTRUCTION AND REPAIR 

6 PROJECTS. 

7 (a) NOTICE AND WAIT REQUIREMENT.—Subsection 

8 (a) of section 18233a of title 10, United States Code, is 

9 amended by striking ‘‘$750,000’’ and inserting ‘‘the 

10 amount specified in section 2805(b)(1) of this title’’. 

11 (b) REPAIR PROJECTS.—Subsection (b)(3) of such 

12 section is amended by striking ‘‘$7,500,000’’ and inserting 

13 ‘‘the amount specified in section 2811(b) of this title’’. 

14 TITLE XXIX—DEFENSE BASE 

15 CLOSURE AND REALIGNMENT 

16 SEC. 2901. SHORT TITLE AND PURPOSE. 

17 (a) SHORT TITLE.—This title may be cited as the 

18 ‘‘Defense Base Closure and Realignment Act of 2015’’. 

19 (b) PURPOSE.—The purpose of this title is to provide 

20 a fair process that will result in the timely closure and 

21 realignment of military installations inside the United 

22 States. 

23 SEC. 2902. THE COMMISSION. 

24 (a) ESTABLISHMENT.—There is established an inde25 pendent commission to be known as the ‘‘Defense Base 

26 Closure and Realignment Commission’’. 


smartinez on DSK4TPTVN1PROD with BILLS
314 

•S 1118 IS

1 (b) DUTIES.—The Commission shall carry out the 

2 duties specified for it in this title. 

3 (c) APPOINTMENT.—(1)(A) The Commission shall be 

4 composed of nine members appointed by the President, by 

5 and with the advice and consent of the Senate. 

6 (B) Subject to the certifications required under sec7 tion 2903(b), the President may commence a round for 

8 the selection of military installations for closure and re9 alignment under this title in 2017 by transmitting to the 

10 Senate, not later than March 1, 2017, nominations for ap11 pointment to the Commission. 

12 (C) If the President does not transmit to Congress 

13 the nominations for appointment to the Commission on 

14 or before the date specified, the process by which military 

15 installations may be selected for closure or realignment 

16 under this title with respect to that year shall be termi17 nated. 

18 (2) In selecting individuals for nominations for ap19 pointments to the Commission, the President should con20 sult with— 

21 (A) the Speaker of the House of Representa22 tives concerning the appointment of two members; 

23 (B) the majority leader of the Senate con24 cerning the appointment of two members; 


smartinez on DSK4TPTVN1PROD with BILLS
315 

•S 1118 IS

1 (C) the minority leader of the House of Rep2 resentatives concerning the appointment of one 

3 member; and 

4 (D) the minority leader of the Senate con5 cerning the appointment of one member. 

6 (3) At the time the President nominates individuals 

7 for appointment to the Commission for each session of 

8 Congress referred to in paragraph (1)(B), the President 

9 shall designate one such individual who shall serve as 

10 Chairman of the Commission. 

11 (d) TERMS.—(1) Except as provided in paragraph 

12 (2), each member of the Commission shall serve until the 

13 adjournment of Congress sine die for the session during 

14 which the member was appointed to the Commission. 

15 (2) The Chairman of the Commission shall serve until 

16 the confirmation of a successor. 

17 (e) MEETINGS.—(1) The Commission shall meet only 

18 during calendar year 2017. 

19 (2)(A) Each meeting of the Commission, other than 

20 meetings in which classified information is to be discussed, 

21 shall be open to the public. 

22 (B) All the proceedings, information, and delibera23 tions of the Commission shall be open, upon request, to 

24 the following: 


smartinez on DSK4TPTVN1PROD with BILLS
316 

•S 1118 IS

1 (i) The Chairman and the ranking minority 

2 party member of the Subcommittee on Readiness 

3 and Management Support of the Committee on 

4 Armed Services of the Senate, or such other mem5 bers of the Subcommittee designated by such Chair6 man or ranking minority party member. 

7 (ii) The Chairman and the ranking minority 

8 party member of the Subcommittee on Readiness of 

9 the Committee on Armed Services of the House of 

10 Representatives, or such other members of the Sub11 committee designated by such Chairman or ranking 

12 minority party member. 

13 (iii) The Chairmen and ranking minority party 

14 members of the subcommittees with jurisdiction for 

15 military construction of the Committees on Appro16 priations of the Senate and of the House of Rep17 resentatives, or such other members of the sub18 committees designated by such Chairmen or ranking 

19 minority party members. 

20 (f) VACANCIES.—A vacancy in the Commission shall 

21 be filled in the same manner as the original appointment, 

22 but the individual appointed to fill the vacancy shall serve 

23 only for the unexpired portion of the term for which the 

24 individual’s predecessor was appointed. 


smartinez on DSK4TPTVN1PROD with BILLS
317 

•S 1118 IS

1 (g) PAY AND TRAVEL EXPENSES.—(1)(A) Each 

2 member, other than the Chairman, shall be paid at a rate 

3 equal to the daily equivalent of the minimum annual rate 

4 of basic pay payable for level IV of the Executive Schedule 

5 under section 5315 of title 5, United States Code, for each 

6 day (including travel time) during which the member is 

7 engaged in the actual performance of duties vested in the 

8 Commission. 

9 (B) The Chairman shall be paid for each day referred 

10 to in subparagraph (A) at a rate equal to the daily equiva11 lent of the minimum annual rate of basic pay payable for 

12 level III of the Executive Schedule under section 5314, 

13 of title 5, United States Code. 

14 (2) Members shall receive travel expenses, including 

15 per diem in lieu of subsistence, in accordance with sections 

16 5702 and 5703 of title 5, United States Code. 

17 (h) DIRECTOR OF STAFF.—(1) The Commission 

18 shall, without regard to section 5311 of title 5, United 

19 States Code, appoint a Director who has not served on 

20 active duty in the Armed Forces or as a civilian employee 

21 of the Department of Defense during the one-year period 

22 preceding the date of such appointment. 

23 (2) The Director shall be paid at the rate of basic 

24 pay payable for level IV of the Executive Schedule under 

25 section 5315 of title 5, United States Code. 


smartinez on DSK4TPTVN1PROD with BILLS
318 

•S 1118 IS

1 (i) STAFF.—(1) Subject to paragraphs (2) and (3), 

2 the Director, with the approval of the Commission, may 

3 appoint and fix the pay of additional personnel. 

4 (2) The Director may make such appointments with5 out regard to the provisions of title 5, United States Code, 

6 governing appointments in the competitive service, and 

7 any personnel so appointed may be paid without regard 

8 to the provisions of chapter 51 and subchapter III of chap9 ter 53 of that title relating to classification and General 

10 Schedule pay rates, except that an individual so appointed 

11 may not receive pay in excess of the annual rate of basic 

12 pay payable for GS–15 of the General Schedule. 

13 (3)(A) Not more than one-third of the personnel em14 ployed by or detailed to the Commission may be on detail 

15 from the Department of Defense. 

16 (B)(i) Not more than one-fifth of the professional an17 alysts of the Commission staff may be persons detailed 

18 from the Department of Defense to the Commission. 

19 (ii) No person detailed from the Department of De20 fense to the Commission may be assigned as the lead pro21 fessional analyst with respect to a military department or 

22 defense agency. 

23 (C) A person may not be detailed from the Depart24 ment of Defense to the Commission if, within 12 months 

25 before the detail is to begin, that person participated perVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
319 

•S 1118 IS

1 sonally and substantially in any matter within the Depart2 ment of Defense concerning the preparation of rec3 ommendations for closures or realignments of military in4 stallations. 

5 (D) No member of the Armed Forces, and no officer 

6 or employee of the Department of Defense, may— 

7 (i) prepare any report concerning the effective8 ness, fitness, or efficiency of the performance on the 

9 staff of the Commission of any person detailed from 

10 the Department of Defense to that staff; 

11 (ii) review the preparation of such a report; or 

12 (iii) approve or disapprove such a report. 

13 (4) Upon request of the Director, the head of any 

14 Federal department or agency may detail any of the per15 sonnel of that department or agency to the Commission 

16 to assist the Commission in carrying out its duties under 

17 this title. 

18 (5) The Comptroller General of the United States 

19 shall provide assistance, including the detailing of employ20 ees, to the Commission in accordance with an agreement 

21 entered into with the Commission. 

22 (6) The following restrictions relating to the per23 sonnel of the Commission shall apply during the period 

24 beginning January 1, 2018, and ending April 15, 2018: 


smartinez on DSK4TPTVN1PROD with BILLS
320 

•S 1118 IS

1 (A) There may not be more than 15 persons on 

2 the staff at any one time. 

3 (B) The staff may perform only such functions 

4 as are necessary to prepare for the transition to new 

5 membership on the Commission in the following 

6 year. 

7 (C) No member of the Armed Forces and no 

8 employee of the Department of Defense may serve 

9 on the staff. 

10 (j) OTHER AUTHORITY.—(1) The Commission may 

11 procure by contract, to the extent funds are available, the 

12 temporary or intermittent services of experts or consult13 ants pursuant to section 3109 of title 5, United States 

14 Code. 

15 (2) The Commission may lease space and acquire per16 sonal property to the extent funds are available. 

17 (k) FUNDING.—(1) There are authorized to be appro18 priated to the Commission such funds as are necessary 

19 to carry out its duties under this title. Such funds shall 

20 remain available until expended. 

21 (2) If no funds are appropriated to the Commission 

22 by the end of the second session of the 114th Congress, 

23 the Secretary of Defense may transfer to the Commission 

24 for purposes of its activities under this title in that year 

25 such funds as the Commission may require to carry out 


smartinez on DSK4TPTVN1PROD with BILLS
321 

•S 1118 IS

1 such activities. The Secretary may transfer funds under 

2 the preceding sentence from any funds available to the 

3 Secretary. Funds so transferred shall remain available to 

4 the Commission for such purposes until expended. 

5 (l) TERMINATION.—The Commission shall terminate 

6 on April 15, 2018. 

7 (m) PROHIBITION AGAINST RESTRICTING COMMU8 NICATIONS.—Section 1034 of title 10, United States 

9 Code, shall apply with respect to communications with the 

10 Commission. 

11 SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS 

12 FOR BASE CLOSURES AND REALIGNMENTS. 

13 (a) FORCE-STRUCTURE PLAN AND INFRASTRUCTURE

14 INVENTORY.— 

15 (1) PREPARATION AND SUBMISSION.—As part 

16 of the budget justification documents submitted to 

17 Congress in support of the budget for the Depart18 ment of Defense for fiscal year 2017, the Secretary 

19 shall submit to Congress the following: 

20 (A) A force-structure plan for the Armed 

21 Forces based on an assessment by the Sec22 retary of the probable threats to the national 

23 security during the 20-year period beginning 

24 with that fiscal year, the probable end-strength 

25 levels and major military force units (including 


smartinez on DSK4TPTVN1PROD with BILLS
322 

•S 1118 IS

1 land force divisions, carrier and other major 

2 combatant vessels, air wings, and other com3 parable units) needed to meet these threats, 

4 and the anticipated levels of funding that will 

5 be available for national defense purposes dur6 ing such period. 

7 (B) A comprehensive inventory of military 

8 installations world-wide for each military de9 partment, with specifications of the number and 

10 type of facilities in the active and reserve forces 

11 of each military department. 

12 (2) RELATIONSHIP OF PLAN AND INVEN13 TORY.—Using the force-structure plan and infra14 structure inventory prepared under paragraph (1), 

15 the Secretary shall prepare (and include as part of 

16 the submission of such plan and inventory) the fol17 lowing: 

18 (A) A description of the infrastructure nec19 essary to support the force structure described 

20 in the force-structure plan. 

21 (B) A discussion of categories of excess in22 frastructure and infrastructure capacity. 

23 (C) An economic analysis of the effect of 

24 the closure or realignment of military installa25 tions to reduce excess infrastructure. 


smartinez on DSK4TPTVN1PROD with BILLS
323 

•S 1118 IS

1 (3) SPECIAL CONSIDERATIONS.—In determining 

2 the level of necessary versus excess infrastructure 

3 under paragraph (2), the Secretary shall consider 

4 the following: 

5 (A) The anticipated continuing need for 

6 and availability of military installations outside 

7 the United States, taking into account current 

8 restrictions on the use of military installations 

9 outside the United States and the potential for 

10 future prohibitions or restrictions on the use of 

11 such military installations. 

12 (B) Any efficiencies that may be gained 

13 from joint tenancy by more than one branch of 

14 the Armed Forces at a military installation. 

15 (4) REVISION.—The Secretary may revise the 

16 force-structure plan and infrastructure inventory. If 

17 the Secretary makes such a revision, the Secretary 

18 shall submit the revised plan or inventory to Con19 gress not later than March 15th of the year fol20 lowing the year in which such plan was first sub21 mitted. For purposes of selecting military installa22 tions for closure or realignment under this title in 

23 the year in which a revision is submitted, no revision 

24 of the force-structure plan or infrastructure inven25 tory is authorized after that date. 


smartinez on DSK4TPTVN1PROD with BILLS
324 

•S 1118 IS

1 (b) CERTIFICATION OF NEED FOR FURTHER CLO2 SURES AND REALIGNMENTS.— 

3 (1) CERTIFICATION REQUIRED.—On the basis 

4 of the force-structure plan and infrastructure inven5 tory prepared under subsection (a) and the descrip6 tions and economic analysis prepared under such 

7 subsection, the Secretary shall include as part of the 

8 submission of the plan and inventory— 

9 (A) a certification regarding whether the 

10 need exists for the closure or realignment of ad11 ditional military installations; and 

12 (B) if such need exists, a certification that 

13 the additional round of closures and realign14 ments would result in annual net savings for 

15 each of the military departments beginning not 

16 later than six years following the commence17 ment of such closures and realignments. 

18 (2) EFFECT OF FAILURE TO CERTIFY.—If the 

19 Secretary does not include the certifications referred 

20 to in paragraph (1), the President may not com21 mence a round for the selection of military installa22 tions for closure and realignment under this title in 

23 the year following submission of the force-structure 

24 plan and infrastructure inventory. 

25 (c) COMPTROLLER GENERAL EVALUATION.— 


smartinez on DSK4TPTVN1PROD with BILLS
325 

•S 1118 IS

1 (1) EVALUATION REQUIRED.—If the certifi2 cation is provided under subsection (b), the Comp3 troller General shall prepare an evaluation of the fol4 lowing: 

5 (A) The force-structure plan and infra6 structure inventory prepared under subsection 

7 (a) and the final selection criteria specified in 

8 subsection (d), including an evaluation of the 

9 accuracy and analytical sufficiency of such plan, 

10 inventory, and criteria. 

11 (B) The need for the closure or realign12 ment of additional military installations. 

13 (2) SUBMISSION.—The Comptroller General 

14 shall submit the evaluation to Congress not later 

15 than 60 days after the date on which the force16 structure plan and infrastructure inventory are sub17 mitted to Congress. 

18 (d) FINAL SELECTION CRITERIA.— 

19 (1) IN GENERAL.—The final criteria to be used 

20 by the Secretary in making recommendations for the 

21 closure or realignment of military installations inside 

22 the United States under this title in 2017 shall be 

23 the military value and other criteria specified in 

24 paragraphs (2) and (3). 


smartinez on DSK4TPTVN1PROD with BILLS
326 

•S 1118 IS

1 (2) MILITARY VALUE CRITERIA.—The military 

2 value criteria are as follows: 

3 (A) The current and future mission capa4 bilities and the impact on operational readiness 

5 of the total force of the Department of Defense, 

6 including the impact on joint warfighting, train7 ing, and readiness. 

8 (B) The availability and condition of land, 

9 facilities, and associated airspace (including 

10 training areas suitable for maneuver by ground, 

11 naval, or air forces throughout a diversity of cli12 mate and terrain areas and staging areas for 

13 the use of the Armed Forces in homeland de14 fense missions) at both existing and potential 

15 receiving locations. 

16 (C) The ability to accommodate contin17 gency, mobilization, surge, and future total 

18 force requirements at both existing and poten19 tial receiving locations to support operations 

20 and training. 

21 (D) The cost of operations and the man22 power implications. 

23 (3) OTHER CRITERIA.—The other criteria that 

24 the Secretary shall use in making recommendations 

25 for the closure or realignment of military installaVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
327 

•S 1118 IS

1 tions inside the United States under this title in 

2 2017 are as follows: 

3 (A) The extent and timing of potential 

4 costs and savings, including the number of 

5 years, beginning with the date of completion of 

6 the closure or realignment, for the savings to 

7 exceed the costs. 

8 (B) The economic impact on existing com9 munities in the vicinity of military installations. 

10 (C) The ability of the infrastructure of 

11 both the existing and potential receiving com12 munities to support forces, missions, and per13 sonnel. 

14 (D) The environmental impact, including 

15 the impact of costs related to potential environ16 mental restoration, waste management, and en17 vironmental compliance activities. 

18 (e) PRIORITY GIVEN TO MILITARY VALUE.—The 

19 Secretary shall give priority consideration to the military 

20 value criteria specified in subsection (d)(2) in the making 

21 of recommendations for the closure or realignment of mili22 tary installations. 

23 (f) EFFECT ON DEPARTMENT AND OTHER AGENCY

24 COSTS.—The selection criteria relating to the cost savings 

25 or return on investment from the proposed closure or reVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
328 

•S 1118 IS

1 alignment of military installations shall take into account 

2 the effect of the proposed closure or realignment on the 

3 costs of any other activity of the Department of Defense 

4 or any other Federal agency that may be required to as5 sume responsibility for activities at the military installa6 tions. 

7 (g) RELATION TO OTHER MATERIALS.—The final se8 lection criteria specified in this section shall be the only 

9 criteria to be used, along with the force-structure plan and 

10 infrastructure inventory referred to in subsection (a), in 

11 making recommendations for the closure or realignment 

12 of military installations inside the United States under 

13 this title in 2017. 

14 (h) DOD RECOMMENDATIONS.—(1) If the Secretary 

15 makes the certifications required under subsection (b), the 

16 Secretary shall, by no later than May 12, 2017, publish 

17 in the Federal Register and transmit to the congressional 

18 defense committees and to the Commission a list of the 

19 military installations inside the United States that the 

20 Secretary recommends for closure or realignment on the 

21 basis of the force-structure plan and infrastructure inven22 tory prepared by the Secretary under subsection (a) and 

23 the final selection criteria specified in subsection (d) that 

24 are applicable to the year concerned. 


smartinez on DSK4TPTVN1PROD with BILLS
329 

•S 1118 IS

1 (2) The Secretary shall include, with the list of rec2 ommendations published and transmitted pursuant to 

3 paragraph (1), a summary of the selection process that 

4 resulted in the recommendation for each installation, in5 cluding a justification for each recommendation. The Sec6 retary shall transmit the matters referred to in the pre7 ceding sentence not later than 7 days after the date of 

8 the transmittal to the congressional defense committees 

9 and the Commission of the list referred to in paragraph 

10 (1). 

11 (3)(A) In considering military installations for clo12 sure or realignment, the Secretary shall consider all mili13 tary installations inside the United States equally without 

14 regard to whether the installation has been previously con15 sidered or proposed for closure or realignment by the De16 partment. 

17 (B) In considering military installations for closure 

18 or realignment, the Secretary may not take into account 

19 for any purpose any advance conversion planning under20 taken by an affected community with respect to the antici21 pated closure or realignment of an installation. 

22 (C) For purposes of subparagraph (B), in the case 

23 of a community anticipating the economic effects of a clo24 sure or realignment of a military installation, advance con25 version planning— 


smartinez on DSK4TPTVN1PROD with BILLS
330 

•S 1118 IS

1 (i) shall include community adjustment and eco2 nomic diversification planning undertaken by the 

3 community before an anticipated selection of a mili4 tary installation in or near the community for clo5 sure or realignment; and 

6 (ii) may include the development of contingency 

7 redevelopment plans, plans for economic develop8 ment and diversification, and plans for the joint use 

9 (including civilian and military use, public and pri10 vate use, civilian dual use, and civilian shared use) 

11 of the property or facilities of the installation after 

12 the anticipated closure or realignment. 

13 (D) In making recommendations to the Commission, 

14 the Secretary shall consider any notice received from a 

15 local government in the vicinity of a military installation 

16 that the government would approve of the closure or re17 alignment of the installation. 

18 (E) Notwithstanding the requirement in subpara19 graph (D), the Secretary shall make the recommendations 

20 referred to in that subparagraph based on the force-struc21 ture plan, infrastructure inventory, and final selection cri22 teria otherwise applicable to such recommendations. 

23 (F) The recommendations shall include a statement 

24 of the result of the consideration of any notice described 

25 in subparagraph (D) that is received with respect to a 


smartinez on DSK4TPTVN1PROD with BILLS
331 

•S 1118 IS

1 military installation covered by such recommendations. 

2 The statement shall set forth the reasons for the result. 

3 (4) In addition to making all information used by the 

4 Secretary to prepare the recommendations under this sub5 section available to Congress (including any committee or 

6 Member of Congress), the Secretary shall also make such 

7 information available to the Commission and the Comp8 troller General of the United States. 

9 (5)(A) Each person referred to in subparagraph (B), 

10 when submitting information to the Secretary of Defense 

11 or the Commission concerning the closure or realignment 

12 of a military installation, shall certify that such informa13 tion is accurate and complete to the best of that person’s 

14 knowledge and belief. 

15 (B) Subparagraph (A) applies to the following per16 sons: 

17 (i) The Secretaries of the military departments. 

18 (ii) The heads of the Defense Agencies. 

19 (iii) Each person who is in a position the duties of 

20 which include personal and substantial involvement in the 

21 preparation and submission of information and rec22 ommendations concerning the closure or realignment of 

23 military installations, as designated in regulations which 

24 the Secretary of Defense shall prescribe, regulations which 

25 the Secretary of each military department shall prescribe 


smartinez on DSK4TPTVN1PROD with BILLS
332 

•S 1118 IS

1 for personnel within that military department, or regula2 tions which the head of each Defense Agency shall pre3 scribe for personnel within that Defense Agency. 

4 (6) Any information provided to the Commission by 

5 a person described in paragraph (5)(B) shall also be sub6 mitted to the Senate and the House of Representatives 

7 to be made available to the Members of the House con8 cerned in accordance with the rules of that House. The 

9 information shall be submitted to the Senate and House 

10 of Representatives within 48 hours after the submission 

11 of the information to the Commission. 

12 (i) REVIEW AND RECOMMENDATIONS BY THE COM13 MISSION.—(1) After receiving the recommendations from 

14 the Secretary pursuant to subsection (h) for any year, the 

15 Commission shall conduct public hearings on the rec16 ommendations. All testimony before the Commission at a 

17 public hearing conducted under this paragraph shall be 

18 presented under oath. 

19 (2)(A) The Commission shall, by no later than Octo20 ber 1 of each year in which the Secretary transmits rec21 ommendations to it pursuant to subsection (h), transmit 

22 to the President a report containing the Commission’s 

23 findings and conclusions based on a review and analysis 

24 of the recommendations made by the Secretary, together 

25 with the Commission’s recommendations for closures and 


smartinez on DSK4TPTVN1PROD with BILLS
333 

•S 1118 IS

1 realignments of military installations inside the United 

2 States. 

3 (B) Subject to subparagraphs (C) and (E), in making 

4 its recommendations, the Commission may make changes 

5 in any of the recommendations made by the Secretary if 

6 the Commission determines that the Secretary deviated 

7 substantially from the force-structure plan and final cri8 teria referred to in subsection (d)(1) in making rec9 ommendations. 

10 (C) In the case of a change described in subpara11 graph (D) in the recommendations made by the Secretary, 

12 the Commission may make the change only if— 

13 (i) the Commission— 

14 (I) makes the determination required by 

15 subparagraph (B); 

16 (II) determines that the change is con17 sistent with the force-structure plan and final 

18 criteria referred to in subsection (d)(1); 

19 (III) publishes a notice of the proposed 

20 change in the Federal Register not less than 45 

21 days before transmitting its recommendations 

22 to the President pursuant to subparagraph (A); 

23 and 

24 (IV) conducts public hearings on the pro25 posed change; 


smartinez on DSK4TPTVN1PROD with BILLS
334 

•S 1118 IS

1 (ii) at least two members of the Commission 

2 visit the military installation before the date of the 

3 transmittal of the report; and 

4 (iii) the decision of the Commission to make the 

5 change is supported by at least seven members of 

6 the Commission. 

7 (D) Subparagraph (C) shall apply to a change by the 

8 Commission in the Secretary’s recommendations that 

9 would— 

10 (i) add a military installation to the list of mili11 tary installations recommended by the Secretary for 

12 closure; 

13 (ii) add a military installation to the list of mili14 tary installations recommended by the Secretary for 

15 realignment; or 

16 (iii) increase the extent of a realignment of a 

17 particular military installation recommended by the 

18 Secretary. 

19 (E) The Commission may not consider making a 

20 change in the recommendations of the Secretary that 

21 would add a military installation to the Secretary’s list of 

22 installations recommended for closure or realignment un23 less, in addition to the requirements of subparagraph 

24 (C)— 


smartinez on DSK4TPTVN1PROD with BILLS
335 

•S 1118 IS

1 (i) the Commission provides the Secretary with 

2 at least a 15-day period, before making the change, 

3 in which to submit an explanation of the reasons 

4 why the installation was not included on the closure 

5 or realignment list by the Secretary; and 

6 (ii) the decision to add the installation for Com7 mission consideration is supported by at least seven 

8 members of the Commission. 

9 (F) In making recommendations under this para10 graph, the Commission may not take into account for any 

11 purpose any advance conversion planning undertaken by 

12 an affected community with respect to the anticipated clo13 sure or realignment of a military installation. 

14 (3) The Commission shall explain and justify in its 

15 report submitted to the President pursuant to paragraph 

16 (2) any recommendation made by the Commission that is 

17 different from the recommendations made by the Sec18 retary pursuant to subsection (h). The Commission shall 

19 transmit a copy of such report to the congressional defense 

20 committees on the same date on which it transmits its rec21 ommendations to the President under paragraph (2). 

22 (4) After October 1 of each year in which the Com23 mission transmits recommendations to the President 

24 under this subsection, the Commission shall promptly pro25 vide, upon request, to any Member of Congress informaVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
336 

•S 1118 IS

1 tion used by the Commission in making its recommenda2 tions. 

3 (5) The Comptroller General of the United States 

4 shall— 

5 (A) assist the Commission, to the extent re6 quested, in the Commission’s review and analysis of 

7 the recommendations made by the Secretary pursu8 ant to subsection (h); and 

9 (B) by no later than July 1 of each year in 

10 which the Secretary makes such recommendations, 

11 transmit to the Congress and to the Commission a 

12 report containing a detailed analysis of the Sec13 retary’s recommendations and selection process. 

14 (j) REVIEW BY THE PRESIDENT.—(1) The President 

15 shall, by no later than October 15 of each year in which 

16 the Commission makes recommendations under subsection 

17 (i), transmit to the Commission and to the Congress a 

18 report containing the President’s approval or disapproval 

19 of the Commission’s recommendations. 

20 (2) If the President approves all the recommenda21 tions of the Commission, the President shall transmit a 

22 copy of such recommendations to the Congress, together 

23 with a certification of such approval. 

24 (3) If the President disapproves the recommendations 

25 of the Commission, in whole or in part, the President shall 


smartinez on DSK4TPTVN1PROD with BILLS
337 

•S 1118 IS

1 transmit to the Commission and the Congress the reasons 

2 for that disapproval. The Commission shall then transmit 

3 to the President, by no later than November 18 of the 

4 year concerned, a revised list of recommendations for the 

5 closure and realignment of military installations. 

6 (4) If the President approves all of the revised rec7 ommendations of the Commission transmitted to the 

8 President under paragraph (3), the President shall trans9 mit a copy of such revised recommendations to the Con10 gress, together with a certification of such approval. 

11 (5) If the President does not transmit to the Con12 gress an approval and certification described in paragraph 

13 (2) or (4) by December 2 of any year in which the Com14 mission has transmitted recommendations to the Presi15 dent under this title, the process by which military instal16 lations may be selected for closure or realignment under 

17 this title with respect to that year shall be terminated. 

18 SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY IN19 STALLATIONS. 

20 (a) IN GENERAL.—Subject to subsection (b), the Sec21 retary shall— 

22 (1) close all military installations recommended 

23 for closure by the Commission in each report trans24 mitted to the Congress by the President pursuant to 

25 section 2903(j); 


smartinez on DSK4TPTVN1PROD with BILLS
338 

•S 1118 IS

1 (2) realign all military installations rec2 ommended for realignment by such Commission in 

3 each such report; 

4 (3) carry out the privatization in place of a 

5 military installation recommended for closure or re6 alignment by the Commission only if privatization in 

7 place is a method of closure or realignment of the 

8 military installation specified in the recommenda9 tions of the Commission in such report and is deter10 mined by the Commission to be the most cost-effec11 tive method of implementation of the recommenda12 tion; 

13 (4) initiate all such closures and realignments 

14 no later than two years after the date on which the 

15 President transmits a report to the Congress pursu16 ant to section 2903(j) containing the recommenda17 tions for such closures or realignments; and 

18 (5) complete all such closures and realignments 

19 no later than the end of the six-year period begin20 ning on the date on which the President transmits 

21 the report pursuant to section 2903(j) containing 

22 the recommendations for such closures or realign23 ments. 

24 (b) CONGRESSIONAL DISAPPROVAL.—(1) The Sec25 retary may not carry out any closure or realignment recVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
339 

•S 1118 IS

1 ommended by the Commission in a report transmitted 

2 from the President pursuant to section 2903(j) if a joint 

3 resolution is enacted, in accordance with the provisions of 

4 section 2908, disapproving such recommendations of the 

5 Commission before the earlier of— 

6 (A) the end of the 45-day period beginning on 

7 the date on which the President transmits such re8 port; or 

9 (B) the adjournment of Congress sine die for 

10 the session during which such report is transmitted. 

11 (2) For purposes of paragraph (1) of this subsection 

12 and subsections (a) and (c) of section 2908, the days on 

13 which either House of Congress is not in session because 

14 of adjournment of more than three days to a day certain 

15 shall be excluded in the computation of a period. 

16 SEC. 2905. IMPLEMENTATION. 

17 (a) IN GENERAL.—(1) In closing or realigning any 

18 military installation under this title, the Secretary may— 

19 (A) take such actions as may be necessary to 

20 close or realign any military installation, including 

21 the acquisition of such land, the construction of such 

22 replacement facilities, the performance of such ac23 tivities, and the conduct of such advance planning 

24 and design as may be required to transfer functions 

25 from a military installation being closed or realigned 


smartinez on DSK4TPTVN1PROD with BILLS
340 

•S 1118 IS

1 to another military installation, and may use for 

2 such purpose funds in the Account or funds appro3 priated to the Department of Defense for use in 

4 planning and design, minor construction, or oper5 ation and maintenance; 

6 (B) provide— 

7 (i) economic adjustment assistance to any 

8 community located near a military installation 

9 being closed or realigned; and 

10 (ii) community planning assistance to any 

11 community located near a military installation 

12 to which functions will be transferred as a re13 sult of the closure or realignment of a military 

14 installation, 

15 if the Secretary of Defense determines that the fi16 nancial resources available to the community (by 

17 grant or otherwise) for such purposes are inad18 equate, and may use for such purposes funds in the 

19 Account or funds appropriated to the Department of 

20 Defense for economic adjustment assistance or com21 munity planning assistance; 

22 (C) carry out activities for the purposes of envi23 ronmental restoration and mitigation at any such in24 stallation, and shall use for such purposes funds in 

25 the Account; 


smartinez on DSK4TPTVN1PROD with BILLS
341 

•S 1118 IS

1 (D) provide outplacement assistance to civilian 

2 employees employed by the Department of Defense 

3 at military installations being closed or realigned, 

4 and may use for such purpose funds in the Account 

5 or funds appropriated to the Department of Defense 

6 for outplacement assistance to employees; and 

7 (E) reimburse other Federal agencies for ac8 tions performed at the request of the Secretary with 

9 respect to any such closure or realignment, and may 

10 use for such purpose funds in the Account or funds 

11 appropriated to the Department of Defense and 

12 available for such purpose. 

13 (2) In carrying out any closure or realignment under 

14 this title, the Secretary shall ensure that environmental 

15 restoration of any property made excess to the needs of 

16 the Department of Defense as a result of such closure or 

17 realignment be carried out as soon as possible with funds 

18 available for such purpose. 

19 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.— 

20 (1) The Administrator of General Services shall delegate 

21 to the Secretary of Defense, with respect to excess and 

22 surplus real property, facilities, and personal property lo23 cated at a military installation closed or realigned under 

24 this title— 


smartinez on DSK4TPTVN1PROD with BILLS
342 

•S 1118 IS

1 (A) the authority of the Administrator to utilize 

2 excess property under subchapter II of chapter 5 of 

3 title 40, United States Code; 

4 (B) the authority of the Administrator to dis5 pose of surplus property under subchapter III of 

6 chapter 5 of title 40, United States Code; 

7 (C) the authority to dispose of surplus property 

8 for public airports under sections 47151 through 

9 47153 of title 49, United States Code; and 

10 (D) the authority of the Administrator to deter11 mine the availability of excess or surplus real prop12 erty for wildlife conservation purposes in accordance 

13 with the Act of May 19, 1948 (16 U.S.C. 667b). 

14 (2)(A) Subject to subparagraph (B) and paragraphs 

15 (3), (4), (5), and (6), the Secretary of Defense shall exer16 cise the authority delegated to the Secretary pursuant to 

17 paragraph (1) in accordance with— 

18 (i) all regulations governing the utilization of 

19 excess property and the disposal of surplus property 

20 under subtitle I of title 40, United States Code; and 

21 (ii) all regulations governing the conveyance 

22 and disposal of property under section 13(g) of the 

23 Surplus Property Act of 1944 (50 U.S.C. App. 

24 1622(g)). 


smartinez on DSK4TPTVN1PROD with BILLS
343 

•S 1118 IS

1 (B) The Secretary may, with the concurrence of the 

2 Administrator of General Services— 

3 (i) prescribe general policies and methods for 

4 utilizing excess property and disposing of surplus 

5 property pursuant to the authority delegated under 

6 paragraph (1); and 

7 (ii) issue regulations relating to such policies 

8 and methods, which shall supersede the regulations 

9 referred to in subparagraph (A) with respect to that 

10 authority. 

11 (C) The Secretary of Defense may transfer real prop12 erty or facilities located at a military installation to be 

13 closed or realigned under this title, with or without reim14 bursement, to a military department or other entity (in15 cluding a nonappropriated fund instrumentality) within 

16 the Department of Defense or the Coast Guard. 

17 (D) Before any action may be taken with respect to 

18 the disposal of any surplus real property or facility located 

19 at any military installation to be closed or realigned under 

20 this title, the Secretary of Defense shall consult with the 

21 Governor of the State and the heads of the local govern22 ments concerned for the purpose of considering any plan 

23 for the use of such property by the local community con24 cerned. 


smartinez on DSK4TPTVN1PROD with BILLS
344 

•S 1118 IS

1 (E) If a military installation to be closed, realigned, 

2 or placed in an inactive status under this title includes 

3 a road used for public access through, into, or around the 

4 installation, the Secretary of Defense shall consult with 

5 the Governor of the State and the heads of the local gov6 ernments concerned for the purpose of considering the 

7 continued availability of the road for public use after the 

8 installation is closed, realigned, or placed in an inactive 

9 status. 

10 (3)(A) Not later than 6 months after the date of ap11 proval of the closure or realignment of a military installa12 tion under this title, the Secretary, in consultation with 

13 the redevelopment authority with respect to the installa14 tion, shall— 

15 (i) inventory the personal property located at 

16 the installation; and 

17 (ii) identify the items (or categories of items) of 

18 such personal property that the Secretary deter19 mines to be related to real property and anticipates 

20 will support the implementation of the redevelop21 ment plan with respect to the installation. 

22 (B) If no redevelopment authority referred to in sub23 paragraph (A) exists with respect to an installation, the 

24 Secretary shall consult with— 


smartinez on DSK4TPTVN1PROD with BILLS
345 

•S 1118 IS

1 (i) the local government in whose jurisdiction 

2 the installation is wholly located; or 

3 (ii) a local government agency or State govern4 ment agency designated for the purpose of such con5 sultation by the chief executive officer of the State 

6 in which the installation is located. 

7 (C)(i) Except as provided in subparagraphs (E) and 

8 (F), the Secretary may not carry out any of the activities 

9 referred to in clause (ii) with respect to an installation 

10 referred to in that clause until the earlier of— 

11 (I) one week after the date on which the rede12 velopment plan for the installation is submitted to 

13 the Secretary; 

14 (II) the date on which the redevelopment au15 thority notifies the Secretary that it will not submit 

16 such a plan; 

17 (III) twenty-four months after the date of ap18 proval of the closure or realignment of the installa19 tion; or 

20 (IV) ninety days before the date of the closure 

21 or realignment of the installation. 

22 (ii) The activities referred to in clause (i) are activi23 ties relating to the closure or realignment of an installa24 tion to be closed or realigned under this title as follows: 


smartinez on DSK4TPTVN1PROD with BILLS
346 

•S 1118 IS

1 (I) The transfer from the installation of items 

2 of personal property at the installation identified in 

3 accordance with subparagraph (A). 

4 (II) The reduction in maintenance and repair of 

5 facilities or equipment located at the installation 

6 below the minimum levels required to support the 

7 use of such facilities or equipment for nonmilitary 

8 purposes. 

9 (D) Except as provided in paragraph (4), the Sec10 retary may not transfer items of personal property located 

11 at an installation to be closed or realigned under this title 

12 to another installation, or dispose of such items, if such 

13 items are identified in the redevelopment plan for the in14 stallation as items essential to the reuse or redevelopment 

15 of the installation. In connection with the development of 

16 the redevelopment plan for the installation, the Secretary 

17 shall consult with the entity responsible for developing the 

18 redevelopment plan to identify the items of personal prop19 erty located at the installation, if any, that the entity de20 sires to be retained at the installation for reuse or redevel21 opment of the installation. 

22 (E) This paragraph shall not apply to any personal 

23 property located at an installation to be closed or realigned 

24 under this title if the property— 


smartinez on DSK4TPTVN1PROD with BILLS
347 

•S 1118 IS

1 (i) is required for the operation of a unit, func2 tion, component, weapon, or weapons system at an3 other installation; 

4 (ii) is uniquely military in character, and is 

5 likely to have no civilian use (other than use for its 

6 material content or as a source of commonly used 

7 components); 

8 (iii) is not required for the reutilization or rede9 velopment of the installation (as jointly determined 

10 by the Secretary and the redevelopment authority); 

11 (iv) is stored at the installation for purposes of 

12 distribution (including spare parts or stock items); 

13 or 

14 (v)(I) meets known requirements of an author15 ized program of another Federal department or 

16 agency for which expenditures for similar property 

17 would be necessary, and (II) is the subject of a writ18 ten request by the head of the department or agen19 cy. 

20 (F) Notwithstanding subparagraphs (C)(i) and (D), 

21 the Secretary may carry out any activity referred to in 

22 subparagraph (C)(ii) or (D) if the Secretary determines 

23 that the carrying out of such activity is in the national 

24 security interest of the United States. 


smartinez on DSK4TPTVN1PROD with BILLS
348 

•S 1118 IS

1 (4)(A) The Secretary may transfer real property and 

2 personal property located at a military installation to be 

3 closed or realigned under this title to the redevelopment 

4 authority with respect to the installation for purposes of 

5 job generation on the installation. 

6 (B) The transfer of property located at a military in7 stallation under subparagraph (A) may be for consider8 ation at or below the estimated fair market value or with9 out consideration. The determination of such consider10 ation may account for the economic conditions of the local 

11 affected community and the estimated costs to redevelop 

12 the property. The Secretary may accept, as consideration, 

13 a share of the revenues that the redevelopment authority 

14 receives from third-party buyers or lessees from sales and 

15 long-term leases of the conveyed property, consideration 

16 in kind (including goods and services), real property and 

17 improvements, or such other consideration as the Sec18 retary considers appropriate. The transfer of property lo19 cated at a military installation under subparagraph (A) 

20 may be made for consideration below the estimated fair 

21 market value or without consideration only if the redevel22 opment authority with respect to the installation— 

23 (i) agrees that the proceeds from any sale or 

24 lease of the property (or any portion thereof) re25 ceived by the redevelopment authority during at 


smartinez on DSK4TPTVN1PROD with BILLS
349 

•S 1118 IS

1 least the first seven years after the date of the initial 

2 transfer of property under subparagraph (A) shall 

3 be used to support the economic redevelopment of, 

4 or related to, the installation; and 

5 (ii) executes the agreement for transfer of the 

6 property and accepts control of the property within 

7 a reasonable time after the date of the property dis8 posal record of decision or finding of no significant 

9 impact under the National Environmental Policy Act 

10 of 1969 (42 U.S.C. 4321 et seq.). 

11 (C) For purposes of subparagraph (B)(i), the use of 

12 proceeds from a sale or lease described in such subpara13 graph to pay for, or offset the costs of, public investment 

14 on or related to the installation for any of the following 

15 purposes shall be considered a use to support the economic 

16 redevelopment of, or related to, the installation: 

17 (i) Road construction. 

18 (ii) Transportation management facilities. 

19 (iii) Storm and sanitary sewer construction. 

20 (iv) Police and fire protection facilities and 

21 other public facilities. 

22 (v) Utility construction. 

23 (vi) Building rehabilitation. 

24 (vii) Historic property preservation. 


smartinez on DSK4TPTVN1PROD with BILLS
350 

•S 1118 IS

1 (viii) Pollution prevention equipment or facili2 ties. 

3 (ix) Demolition. 

4 (x) Disposal of hazardous materials generated 

5 by demolition. 

6 (xi) Landscaping, grading, and other site or 

7 public improvements. 

8 (xii) Planning for or the marketing of the devel9 opment and reuse of the installation. 

10 (D) The Secretary may recoup from a redevelopment 

11 authority such portion of the proceeds from a sale or lease 

12 described in subparagraph (B) as the Secretary deter13 mines appropriate if the redevelopment authority does not 

14 use the proceeds to support economic redevelopment of, 

15 or related to, the installation for the period specified in 

16 subparagraph (B). 

17 (E)(i) The Secretary may transfer real property at 

18 an installation approved for closure or realignment under 

19 this title (including property at an installation approved 

20 for realignment which will be retained by the Department 

21 of Defense or another Federal agency after realignment) 

22 to the redevelopment authority for the installation if the 

23 redevelopment authority agrees to lease, directly upon 

24 transfer, one or more portions of the property transferred 

25 under this subparagraph to the Secretary or to the head 


smartinez on DSK4TPTVN1PROD with BILLS
351 

•S 1118 IS

1 of another department or agency of the Federal Govern2 ment. Subparagraph (B) shall apply to a transfer under 

3 this subparagraph. 

4 (ii) A lease under clause (i) shall be for a term of 

5 not to exceed 50 years, but may provide for options for 

6 renewal or extension of the term by the department or 

7 agency concerned. 

8 (iii) A lease under clause (i) may not require rental 

9 payments by the United States. 

10 (iv) A lease under clause (i) shall include a provision 

11 specifying that if the department or agency concerned 

12 ceases requiring the use of the leased property before the 

13 expiration of the term of the lease, the remainder of the 

14 lease term may be satisfied by the same or another depart15 ment or agency of the Federal Government using the prop16 erty for a use similar to the use under the lease. Exercise 

17 of the authority provided by this clause shall be made in 

18 consultation with the redevelopment authority concerned. 

19 (v) Notwithstanding clause (iii), if a lease under 

20 clause (i) involves a substantial portion of the installation, 

21 the department or agency concerned may obtain facility 

22 services for the leased property and common area mainte23 nance from the redevelopment authority or the redevelop24 ment authority’s assignee as a provision of the lease. The 

25 facility services and common area maintenance shall be 


smartinez on DSK4TPTVN1PROD with BILLS
352 

•S 1118 IS

1 provided at a rate no higher than the rate charged to non2 Federal tenants of the transferred property. Facility serv3 ices and common area maintenance covered by the lease 

4 shall not include— 

5 (I) municipal services that a State or local gov6 ernment is required by law to provide to all land7 owners in its jurisdiction without direct charge; or 

8 (II) firefighting or security-guard functions. 

9 (F) The transfer of personal property under subpara10 graph (A) shall not be subject to the provisions of sub11 chapters II and III of chapter 5 of title 40, United States 

12 Code, if the Secretary determines that the transfer of such 

13 property is necessary for the effective implementation of 

14 a redevelopment plan with respect to the installation at 

15 which such property is located. 

16 (G) The provisions of section 120(h) of the Com17 prehensive Environmental Response, Compensation, and 

18 Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to 

19 any transfer of real property under this paragraph. 

20 (H) The Secretary may require any additional terms 

21 and conditions in connection with a transfer under this 

22 paragraph as such Secretary considers appropriate to pro23 tect the interests of the United States. 

24 (5)(A) Except as provided in subparagraphs (B) and 

25 (C), the Secretary shall take such actions as the Secretary 


smartinez on DSK4TPTVN1PROD with BILLS
353 

•S 1118 IS

1 determines necessary to ensure that final determinations 

2 under paragraph (1) regarding whether another depart3 ment or agency of the Federal Government has identified 

4 a use for any portion of a military installation to be closed 

5 or realigned under this title, or will accept transfer of any 

6 portion of such installation, are made not later than 6 

7 months after the date of approval of closure or realign8 ment of that installation. 

9 (B) The Secretary may, in consultation with the rede10 velopment authority with respect to an installation, post11 pone making the final determinations referred to in sub12 paragraph (A) with respect to the installation for such pe13 riod as the Secretary determines appropriate if the Sec14 retary determines that such postponement is in the best 

15 interests of the communities affected by the closure or re16 alignment of the installation. 

17 (C)(i) Before acquiring non-Federal real property as 

18 the location for a new or replacement Federal facility of 

19 any type, the head of the Federal agency acquiring the 

20 property shall consult with the Secretary regarding the 

21 feasibility and cost advantages of using Federal property 

22 or facilities at a military installation closed or realigned 

23 or to be closed or realigned under this title as the location 

24 for the new or replacement facility. In considering the 

25 availability and suitability of a specific military installaVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
354 

•S 1118 IS

1 tion, the Secretary and the head of the Federal agency 

2 involved shall obtain the concurrence of the redevelopment 

3 authority with respect to the installation and comply with 

4 the redevelopment plan for the installation. 

5 (ii) Not later than 30 days after acquiring non-Fed6 eral real property as the location for a new or replacement 

7 Federal facility, the head of the Federal agency acquiring 

8 the property shall submit to Congress a report containing 

9 the results of the consultation under clause (i) and the 

10 reasons why military installations referred to in such 

11 clause that are located within the area to be served by 

12 the new or replacement Federal facility or within a 200- 

13 mile radius of the new or replacement facility, whichever 

14 area is greater, were considered to be unsuitable or un15 available for the site of the new or replacement facility. 

16 (6)(A) The disposal of buildings and property located 

17 at installations approved for closure or realignment under 

18 this title shall be carried out in accordance with this para19 graph. 

20 (B)(i) Not later than the date on which the Secretary 

21 of Defense completes the final determinations referred to 

22 in paragraph (5) relating to the use or transferability of 

23 any portion of an installation covered by this paragraph, 

24 the Secretary shall— 


smartinez on DSK4TPTVN1PROD with BILLS
355 

•S 1118 IS

1 (I) identify the buildings and property at the 

2 installation for which the Department of Defense 

3 has a use, for which another department or agency 

4 of the Federal Government has identified a use, or 

5 of which another department or agency will accept 

6 a transfer; 

7 (II) take such actions as are necessary to iden8 tify any building or property at the installation not 

9 identified under subclause (I) that is excess property 

10 or surplus property; 

11 (III) submit to the Secretary of Housing and 

12 Urban Development and to the redevelopment au13 thority for the installation (or the chief executive of14 ficer of the State in which the installation is located 

15 if there is no redevelopment authority for the instal16 lation at the completion of the determination de17 scribed in the stem of this sentence) information on 

18 any building or property that is identified under sub19 clause (II); and 

20 (IV) publish in the Federal Register and in a 

21 newspaper of general circulation in the communities 

22 in the vicinity of the installation information on the 

23 buildings and property identified under subclause 

24 (II). 


smartinez on DSK4TPTVN1PROD with BILLS
356 

•S 1118 IS

1 (ii) Upon the recognition of a redevelopment author2 ity for an installation covered by this paragraph, the Sec3 retary of Defense shall publish in the Federal Register and 

4 in a newspaper of general circulation in the communities 

5 in the vicinity of the installation information on the rede6 velopment authority. 

7 (C)(i) State and local governments, representatives of 

8 the homeless, and other interested parties located in the 

9 communities in the vicinity of an installation covered by 

10 this paragraph shall submit to the redevelopment author11 ity for the installation a notice of the interest, if any, of 

12 such governments, representatives, and parties in the 

13 buildings or property, or any portion thereof, at the instal14 lation that are identified under subparagraph (B)(i)(II). 

15 A notice of interest under this clause shall describe the 

16 need of the government, representative, or party concerned 

17 for the buildings or property covered by the notice. 

18 (ii) The redevelopment authority for an installation 

19 shall assist the governments, representatives, and parties 

20 referred to in clause (i) in evaluating buildings and prop21 erty at the installation for purposes of this subparagraph. 

22 (iii) In providing assistance under clause (ii), a rede23 velopment authority shall— 


smartinez on DSK4TPTVN1PROD with BILLS
357 

•S 1118 IS

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 

25 of such determination in a newspaper of general cirVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
358 

•S 1118 IS

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 homeVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
359 

•S 1118 IS

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). 


smartinez on DSK4TPTVN1PROD with BILLS
360 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
361 

•S 1118 IS

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. 


smartinez on DSK4TPTVN1PROD with BILLS
362 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
363 

•S 1118 IS

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. 


smartinez on DSK4TPTVN1PROD with BILLS
364 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
365 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
366 

•S 1118 IS

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 secVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
367 

•S 1118 IS

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; 


smartinez on DSK4TPTVN1PROD with BILLS
368 

•S 1118 IS

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. 


smartinez on DSK4TPTVN1PROD with BILLS
369 

•S 1118 IS

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 

25 assessment of the closure or realignment of an installaVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
370 

•S 1118 IS

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. 


smartinez on DSK4TPTVN1PROD with BILLS
371 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
372 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
373 

•S 1118 IS

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. 


smartinez on DSK4TPTVN1PROD with BILLS
374 

•S 1118 IS

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— 


smartinez on DSK4TPTVN1PROD with BILLS
375 

•S 1118 IS

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. 


smartinez on DSK4TPTVN1PROD with BILLS
376 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
377 

•S 1118 IS

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— 


smartinez on DSK4TPTVN1PROD with BILLS
378 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
379 

•S 1118 IS

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 2015. 

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 2015’’ (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 


smartinez on DSK4TPTVN1PROD with BILLS
380 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
381 

•S 1118 IS

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. 


smartinez on DSK4TPTVN1PROD with BILLS
382 

•S 1118 IS

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. 


smartinez on DSK4TPTVN1PROD with BILLS
383 

•S 1118 IS

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). 


smartinez on DSK4TPTVN1PROD with BILLS
384 

•S 1118 IS

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, 


smartinez on DSK4TPTVN1PROD with BILLS
385 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
386 

•S 1118 IS

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. 


smartinez on DSK4TPTVN1PROD with BILLS
387 

•S 1118 IS

1 SEC. 2907. REPORTS. 

2 (a) REPORTING REQUIREMENT.—As part of the 

3 budget request for fiscal year 2019 and for each fiscal 

4 year thereafter through fiscal year 2030 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— 


smartinez on DSK4TPTVN1PROD with BILLS
388 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
389 

•S 1118 IS

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 ’’, the blank space being filled in with 

21 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.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
390 

•S 1118 IS

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 inVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
391 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
392 

•S 1118 IS

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). 


smartinez on DSK4TPTVN1PROD with BILLS
393 

•S 1118 IS

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, 


smartinez on DSK4TPTVN1PROD with BILLS
394 

•S 1118 IS

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, 2018, 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 


smartinez on DSK4TPTVN1PROD with BILLS
395 

•S 1118 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
396 

•S 1118 IS

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) recogVerDate Sep 11 2014 03:37 May 21, 2015 Jkt 049200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\S1118.IS S1118

smartinez on DSK4TPTVN1PROD with BILLS
397 

•S 1118 IS

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: 


smartinez on DSK4TPTVN1PROD with BILLS
398 

•S 1118 IS

1 ‘‘(D) The Defense Base Closure and Realign2 ment Act of 2015.’’. 

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 2015.’’. 

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 2015.’’. 

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— 


smartinez on DSK4TPTVN1PROD with BILLS
399 

•S 1118 IS

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 2015.’’. 

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 


smartinez on DSK4TPTVN1PROD with BILLS
400 

•S 1118 IS

1 note)’’ and inserting ‘‘a base closure law, as that term is 

2 defined in section 101(a)(17) of title 10,’’. 

3 TITLE XXX—MILITARY 

4 CONSTRUCTION FUNDING 

5 SEC. 3001. AUTHORIZATION OF AMOUNTS IN FUNDING TA6 BLES. 

7 (a) IN GENERAL.—Whenever a funding table in this 

8 title specifies a dollar amount authorized for a project, 

9 program, or activity, the obligation and expenditure of the 

10 specified dollar amount for the project, program, or activ11 ity is hereby authorized, subject to the availability of ap12 propriations. 

13 (b) MERIT-BASED DECISIONS.—A decision to com14 mit, obligate, or expend funds with or to a specific entity 

15 on the basis of a dollar amount authorized pursuant to 

16 subsection (a) shall— 

17 (1) be based on merit-based selection proce18 dures in accordance with the requirements of sec19 tions 2304(k) and 2374 of title 10, United States 

20 Code, or on competitive procedures; and 

21 (2) comply with other applicable provisions of 

22 law. 

23 (c) RELATIONSHIP TO TRANSFER AND PROGRAM24 MING AUTHORITY.—An amount specified in the funding 

25 tables in this title may be transferred or reprogrammed 


smartinez on DSK4TPTVN1PROD with BILLS
401 

•S 1118 IS

1 under a transfer or reprogramming authority provided by 

2 another provision of this Act or by other law. The transfer 

3 or reprogramming of an amount specified in such funding 

4 tables shall not count against a ceiling on such transfers 

5 or reprogrammings under any other provision of this Act 

6 or any other provision of law, unless such transfer or re7 programming would move funds between appropriation ac8 counts. 

9 (d) APPLICABILITY TO CLASSIFIED ANNEX.—This 

10 section applies to any classified annex that accompanies 

11 this Act. 

12 (e) ORAL AND WRITTEN COMMUNICATIONS.—No 

13 oral or written communication concerning any amount 

14 specified in the funding tables in this division shall super15 sede the requirements of this section. 

16 SEC. 3002. MILITARY CONSTRUCTION TABLE. 

SEC. 3002. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title 

FY 2016 

Budget 

Request 

Alaska 

Army Fort Greely Physical Readiness Training Facility ....................................... $7,800 

California 

Army Concord Pier ............................................................................................ $98,000 

Colorado 

Army Fort Carson Rotary Wing Taxiway ............................................................... $5,800 

Georgia 

Army Fort Gordon Command and Control Facility ................................................. $90,000 

Germany 

Army Grafenwoehr Vehicle Maintenance Shop ........................................................ $51,000 

New York 

Army Fort Drum NCO Academy Complex ............................................................ $19,000 

Army U.S. Military Academy Waste Water Treatment Plant ................................................. $70,000 

Oklahoma 

Army Fort Sill Reception Barracks Complex Ph2 ............................................ $56,000 

Army Fort Sill Training Support Facility ......................................................... $13,400 

Texas 

Army Corpus Christi Powertrain Facility (Infrastructure/Metal) ............................... $85,000 

Army Joint Base San Antonio Homeland Defense Operations Center ...................................... $43,000 

Virginia 

Army Fort Lee Training Support Facility ......................................................... $33,000 

Army Joint Base Myer-Henderson Instruction Building .................................................................. $37,000 

Worldwide Unspecified 

Army Unspecified Worldwide 

Locations 

Host Nation Support ................................................................ $36,000 


smartinez on DSK4TPTVN1PROD with BILLS
402 

•S 1118 IS

SEC. 3002. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title 

FY 2016 

Budget 

Request 

Army Unspecified Worldwide 

Locations 

Minor Construction ................................................................... $25,000 

Army Unspecified Worldwide 

Locations 

Planning and Design ................................................................. $73,245 

Total Military Construction, Army ...................................................................................................................... $743,245 

Arizona 

Navy Yuma Aircraft Maint. Facilities & Apron (So. CALA) ....................... $50,635 

Bahrain Island 

Navy SW Asia Mina Salman Pier Replacement ................................................ $37,700 

Navy SW Asia Ship Maintenance Support Facility .......................................... $52,091 

California 

Navy Camp Pendleton Raw Water Pipeline Pendleton to Fallbrook ............................ $44,540 

Navy Coronado Coastal Campus Utilities ........................................................... $4,856 

Navy Lemoore F–35C Hangar Modernization and Addition ............................ $56,497 

Navy Lemoore F–35C Training Facilities ........................................................ $8,187 

Navy Lemoore RTO and Mission Debrief Facility ........................................... $7,146 

Navy Point Mugu E–2C/D Hangar Additions and Renovations ............................ $19,453 

Navy Point Mugu Triton Avionics and Fuel Systems Trainer .............................. $2,974 

Navy San Diego LCS Support Facility ................................................................ $37,366 

Navy Twentynine Palms Microgrid Expansion ................................................................. $9,160 

Florida 

Navy Jacksonville Fleet Support Facility Addition ................................................ $8,455 

Navy Jacksonville Triton Mission Control Facility ................................................ $8,296 

Navy Mayport LCS Mission Module Readiness Center .................................... $16,159 

Navy Pensacola A-School Unaccompanied Housing (Corry Station) ................. $18,347 

Navy Whiting Field T–6B JPATS Training Operations Facility ............................. $10,421 

Georgia 

Navy Albany Ground Source Heat Pumps ..................................................... $7,851 

Navy Kings Bay Industrial Control System Infrastructure ................................. $8,099 

Navy Townsend Townsend Bombing Range Expansion Phase 2 ........................ $48,279 

Guam 

Navy Joint Region Marianas Live-Fire Training Range Complex (NW Field) ...................... $125,677 

Navy Joint Region Marianas Municipal Solid Waste Landfill Closure ................................... $10,777 

Navy Joint Region Marianas Sanitary Sewer System Recapitalization ................................... $45,314 

Hawaii 

Navy Barking Sands PMRF Power Grid Consolidation ............................................. $30,623 

Navy Joint Base Pearl HarborHickam UEM Interconnect Sta C to Hickam ........................................ $6,335 

Navy Joint Base Pearl HarborHickam Welding School Shop Consolidation .......................................... $8,546 

Navy Kaneohe Bay Airfield Lighting Modernization ................................................ $26,097 

Navy Kaneohe Bay Bachelor Enlisted Quarters ....................................................... $68,092 

Navy Kaneohe Bay P–8A Detachment Support Facilities ....................................... $12,429 

Italy 

Navy Sigonella P–8A Hangar and Fleet Support Facility ................................ $62,302 

Navy Sigonella Triton Hangar and Operation Facility ..................................... $40,641 

Japan 

Navy Camp Butler Military Working Dog Facilities (Camp Hansen) .................... $11,697 

Navy Iwakuni E–2D Operational Trainer Complex ......................................... $8,716 

Navy Iwakuni Security Modifications—CVW5/MAG12 HQ ............................ $9,207 

Navy Kadena AB Aircraft Maint. Shelters & Apron ............................................. $23,310 

Navy Yokosuka Child Development Center ........................................................ $13,846 

Maryland 

Navy Patuxent River Unaccompanied Housing ........................................................... $40,935 

North Carolina 

Navy Camp Lejeune Simulator Integration/Range Control Facility .......................... $54,849 

Navy Cherry Point Marine 

Corps Air Station 

KC–130J Enlisted Air Crew Trainer Facility .......................... $4,769 

Navy Cherry Point Marine 

Corps Air Station 

Unmanned Aircraft System Facilities ....................................... $29,657 

Navy New River Operational Trainer Facility ..................................................... $3,312 

Navy New River Radar Air Traffic Control Facility Addition ............................ $4,918 

Poland 

Navy RedziKowo Base AEGIS Ashore Missile Defense Complex .................................. $51,270 

South Carolina 

Navy Parris Island Range Safety Improvements & Modernization .......................... $27,075 

Virginia 

Navy Dam Neck Maritime Surveillance System Facility ..................................... $23,066 

Navy Norfolk Communications Center ............................................................ $75,289 

Navy Norfolk Electrical Repairs to Piers 2, 6, 7, and 11 ............................... $44,254 

Navy Norfolk MH60 Helicopter Training Facility .......................................... $7,134 

Navy Portsmouth Waterfront Utilities ................................................................... $45,513 

Navy Quantico ATFP Gate ............................................................................... $5,840 

Navy Quantico Electrical Distribution Upgrade ................................................ $8,418 

Navy Quantico Embassy Security Guard BEQ & Ops Facility ........................ $43,941 

Washington 

Navy Bangor WRA Land/Water Interface ...................................................... $34,177 


smartinez on DSK4TPTVN1PROD with BILLS
403 

•S 1118 IS

SEC. 3002. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title 

FY 2016 

Budget 

Request 

Navy Bremerton Dry Dock 6 Modernization & Utility Improve. ......................... $22,680 

Navy Indian Island Shore Power to Ammunition Pier ............................................. $4,472 

Worldwide Unspecified 

Navy Unspecified Worldwide 

Locations 

MCON Design Funds ............................................................... $91,649 

Navy Unspecified Worldwide 

Locations 

Unspecified Minor Construction ............................................... $22,590 

Total Military Construction, Navy ...................................................................................................................... $1,605,929 

Alaska 

AF Eielson AFB F–35A Flight Sim/Alter Squad Ops/AMU Facility .................. $37,000 

AF Eielson AFB Rpr Central Heat & Power Plant Boiler Ph3 ........................... $34,400 

Arizona 

AF Davis-Monthan AFB HC–130J AGE Covered Storage .............................................. $4,700 

AF Davis-Monthan AFB HC–130J Wash Rack ............................................................... $12,200 

AF Luke AFB F–35A ADAL Fuel Offload Facility ......................................... $5,000 

AF Luke AFB F–35A Aircraft Maintenance Hangar/Sq 3 .............................. $13,200 

AF Luke AFB F–35A Bomb Build-Up Facility ............................................... $5,500 

AF Luke AFB F–35A Sq Ops/AMU/Hangar/Sq 4 ........................................... $33,000 

Colorado 

AF U.S. Air Force Academy Front Gates Force Protection Enhancements .......................... $10,000 

Florida 

AF Cape Canaveral AFS Range Communications Facility ............................................... $21,000 

AF Eglin AFB F–35A Consolidated HQ Facility ............................................. $8,700 

AF Hurlburt Field ADAL 39 Information Operations Squad Facility ................... $14,200 

Greenland 

AF Thule AB Thule Consolidation Ph 1 ......................................................... $41,965 

Guam 

AF Joint Region Marianas APR—Dispersed Maint Spares & SE Storage Fac .................. $19,000 

AF Joint Region Marianas APR—Installation Control Center ............................................ $22,200 

AF Joint Region Marianas APR—South Ramp Utilities Phase 2 ....................................... $7,100 

AF Joint Region Marianas PRTC Roads ............................................................................. $2,500 

Hawaii 

AF Joint Base Pearl HarborHickam F–22 Fighter Alert Facility ...................................................... $46,000 

Japan 

AF Kadena AB Munitions Storage ..................................................................... $3,000 

AF Yokota AB C–130J Flight Simulator Facility ............................................ $8,461 

Kansas 

AF McConnell AFB KC–46A ADAL Deicing Pads .................................................. $4,300 

Maryland 

AF Fort Meade CYBERCOM Joint Operations Center, Increment 3 ............... $86,000 

Missouri 

AF Whiteman AFB Consolidated Stealth Ops & Nuclear Alert Fac ........................ $29,500 

Montana 

AF Malmstrom AFB Tactical Response Force Alert Facility ..................................... $19,700 

Nebraska 

AF Offutt AFB Dormitory (144 RM) ................................................................. $21,000 

Nevada 

AF Nellis AFB F–35A Airfield Pavements ........................................................ $31,000 

AF Nellis AFB F–35A Live Ordnance Loading Area ....................................... $34,500 

AF Nellis AFB F–35A Munitions Maintenance Facilities ................................. $3,450 

New Mexico 

AF Cannon AFB Construct AT/FP Gate—Portales ............................................. $7,800 

AF Holloman AFB Marshalling Area ARM/DE-ARM Pad D ................................. $3,000 

AF Kirtland AFB Space Vehicles Component Development Lab .......................... $12,800 

Niger 

AF Agadez Construct Airfield and Base Camp ........................................... $50,000 

North Carolina 

AF Seymour Johnson AFB Air Traffic Control Tower/Base Ops Facility ........................... $17,100 

Oklahoma 

AF Altus AFB Dormitory (120 RM) ................................................................. $18,000 

AF Altus AFB KC–46A FTU ADAL Fuel Cell Maint Hangar ....................... $10,400 

AF Tinker AFB Air Traffic Control Tower ......................................................... $12,900 

AF Tinker AFB KC–46A Depot Maintenance Dock ........................................... $37,000 

Oman 

AF Al Musannah AB Airlift Apron .............................................................................. $25,000 

South Dakota 

AF Ellsworth AFB Dormitory (168 RM) ................................................................. $23,000 

Texas 

AF Joint Base San Antonio BMT Classrooms/Dining Facility 3 .......................................... $35,000 

AF Joint Base San Antonio BMT Recruit Dormitory 5 ........................................................ $71,000 

United Kingdom 

AF Croughton RAF Consolidated SATCOM/Tech Control Facility .......................... $36,424 

AF Croughton RAF JIAC Consolidation—Ph 2 ....................................................... $94,191 

Utah 

AF Hill AFB F–35A Flight Simulator Addition Phase 2 .............................. $5,900 

AF Hill AFB F–35A Hangar 40/42 Additions and AMU .............................. $21,000 


smartinez on DSK4TPTVN1PROD with BILLS
404 

•S 1118 IS

SEC. 3002. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title 

FY 2016 

Budget 

Request 

AF Hill AFB Hayman Igloos .......................................................................... $11,500 

CONUS Classified 

AF Classified Location Long Range Strike Bomber ...................................................... $77,130 

Worldwide Unspecified 

AF Various Worldwide Locations Planning and Design ................................................................. $89,164 

AF Various Worldwide Locations Unspecified Minor Military Construction ................................. $22,900 

Wyoming 

AF F. E. Warren AFB Weapon Storage Facility ........................................................... $95,000 

Total Military Construction, Air Force ............................................................................................................. $1,354,785 

Alabama 

Def-Wide Fort Rucker Fort Rucker ES/PS Consolidation/Replacement ...................... $46,787 

Def-Wide Maxwell AFB ES/MS Replacement/Renovation ............................................... $32,968 

Arizona 

Def-Wide Fort Huachuca JITC Buildings 52101/52111 Renovations .............................. $3,884 

California 

Def-Wide Camp Pendleton SOF Combat Service Support Facility ..................................... $10,181 

Def-Wide Camp Pendleton SOF Performance Resiliency Center—West ............................. $10,371 

Def-Wide Coronado SOF Logistics Support Unit One Ops Fac. #2 ....................... $47,218 

Def-Wide Fresno Yosemite IAP 

ANG 

Replace Fuel Storage and Distrib. Facilities ............................ $10,700 

Colorado 

Def-Wide Fort Carson SOF Language Training Facility ............................................. $8,243 

CONUS Classified 

Def-Wide Classified Location Operations Support Facility ...................................................... $20,065 

Delaware 

Def-Wide Dover AFB Construct Hydrant Fuel System ............................................... $21,600 

Djibouti 

Def-Wide Camp Lemonier Construct Fuel Storage & Distrib. Facilities ............................ $43,700 

Florida 

Def-Wide Hurlburt Field SOF Fuel Cell Maintenance Hangar ........................................ $17,989 

Def-Wide MacDill AFB SOF Operational Support Facility ........................................... $39,142 

Georgia 

Def-Wide Moody AFB Replace Pumphouse and Truck Fillstands ............................... $10,900 

Germany 

Def-Wide Garmisch Garmisch E/MS-Addition/Modernization .................................. $14,676 

Def-Wide Grafenwoehr Grafenwoehr Elementary School Replacement ......................... $38,138 

Def-Wide Rhine Ordnance Barracks Medical Center Replacement Incr 5 .......................................... $85,034 

Def-Wide Spangdahlem AB Construct Fuel Pipeline ............................................................ $5,500 

Def-Wide Spangdahlem AB Medical/Dental Clinic Addition ................................................. $34,071 

Def-Wide Stuttgart-Patch Barracks Patch Elementary School Replacement .................................... $49,413 

Hawaii 

Def-Wide Kaneohe Bay Medical/Dental Clinic Replacement ........................................... $122,071 

Def-Wide Schofield Barracks Behavioral Health/Dental Clinic Addition ................................ $123,838 

Japan 

Def-Wide Kadena AB Airfield Pavements .................................................................... $37,485 

Kentucky 

Def-Wide Fort Campbell SOF Company HQ/Classrooms ................................................. $12,553 

Def-Wide Fort Knox Fort Knox HS Renovation/MS Addition .................................. $23,279 

Maryland 

Def-Wide Fort Meade NSAW Campus Feeders Phase 2 ............................................. $33,745 

Def-Wide Fort Meade NSAW Recapitalize Building #2 Incr 1 ................................... $34,897 

Nevada 

Def-Wide Nellis AFB Replace Hydrant Fuel System .................................................. $39,900 

New Mexico 

Def-Wide Cannon AFB Construct Pumphouse and Fuel Storage .................................. $20,400 

Def-Wide Cannon AFB SOF Squadron Operations Facility .......................................... $11,565 

Def-Wide Cannon AFB SOF ST Operational Training Facilities .................................. $13,146 

New York 

Def-Wide West Point West Point Elementary School Replacement ............................ $55,778 

North Carolina 

Def-Wide Camp Lejeune SOF Combat Service Support Facility ..................................... $14,036 

Def-Wide Camp Lejeune SOF Marine Battalion Company/Team Facilities .................... $54,970 

Def-Wide Fort Bragg Butner Elementary School Replacement .................................. $32,944 

Def-Wide Fort Bragg SOF 21 STS Operations Facility ............................................. $16,863 

Def-Wide Fort Bragg SOF Battalion Operations Facility ........................................... $38,549 

Def-Wide Fort Bragg SOF Indoor Range .................................................................... $8,303 

Def-Wide Fort Bragg SOF Intelligence Training Center ............................................ $28,265 

Def-Wide Fort Bragg SOF Special Tactics Facility (PH 2) ....................................... $43,887 

Ohio 

Def-Wide Wright-Patterson AFB Satellite Pharmacy Replacement ............................................... $6,623 

Oregon 

Def-Wide Klamath Falls IAP Replace Fuel Facilities .............................................................. $2,500 

Pennsylvania 

Def-Wide Philadelphia Replace Headquarters ............................................................... $49,700 

Poland 


smartinez on DSK4TPTVN1PROD with BILLS
405 

•S 1118 IS

SEC. 3002. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title 

FY 2016 

Budget 

Request 

Def-Wide RedziKowo Base Aegis Ashore Missile Defense System Complex ........................ $169,153 

South Carolina 

Def-Wide Fort Jackson Pierce Terrace Elementary School Replacement ...................... $26,157 

Spain 

Def-Wide Rota Rota ES and HS Additions ...................................................... $13,737 

Texas 

Def-Wide Fort Bliss Hospital Replacement Incr 7 .................................................... $239,884 

Def-Wide Joint Base San Antonio Ambulatory Care Center Phase 4 ............................................. $61,776 

Virginia 

Def-Wide Fort Belvoir Construct Visitor Control Center .............................................. $5,000 

Def-Wide Fort Belvoir Replace Ground Vehicle Fueling Facility ................................. $4,500 

Def-Wide Joint Base LangleyEustis Replace Fuel Pier and Distribution Facility ............................ $28,000 

Def-Wide Joint Expeditionary Base 

Little Creek-Story 

SOF Applied Instruction Facility ............................................. $23,916 

Worldwide Unspecified 

Def-Wide Unspecified Worldwide 

Locations 

Contingency Construction ......................................................... $10,000 

Def-Wide Unspecified Worldwide 

Locations 

ECIP Design ............................................................................. $10,000 

Def-Wide Unspecified Worldwide 

Locations 

Energy Conservation Investment Program ............................... $150,000 

Def-Wide Unspecified Worldwide 

Locations 

Exercise Related Minor Construction ....................................... $8,687 

Def-Wide Unspecified Worldwide 

Locations 

Planning and Design ................................................................. $118,632 

Def-Wide Unspecified Worldwide 

Locations 

Unspecified Minor Construction ............................................... $23,676 

Def-Wide Various Worldwide Locations Planning & Design .................................................................... $31,772 

Total Military Construction, Defense-Wide ..................................................................................................... $2,300,767 

Worldwide Unspecified 

NATO NATO Security Investment Program NATO Security Investment Program ....................................... $120,000 

Total NATO Security Investment Program ...................................................................................................... $120,000 

Connecticut 

Army NG Camp Hartell Ready Building .......................................................................... $11,000 

Delaware 

Army NG Dagsboro National Guard Vehicle Maintenance Shop .............................. $10,800 

Florida 

Army NG Palm Coast National Guard Readiness Center ............................................ $18,000 

Illinois 

Army NG Sparta Basic 10M–25M Firing Range (Zero) ...................................... $1,900 

Kansas 

Army NG Salina Automated Combat Pistol/MP Firearms Qualification Course $2,400 

Army NG Salina Modified Record Fire Range ..................................................... $4,300 

Maryland 

Army NG Easton National Guard Readiness Center ............................................ $13,800 

Nevada 

Army NG Reno National Guard Vehicle Maintenance Shop Add/Alt ................ $8,000 

Ohio 

Army NG Camp Ravenna Modified Record Fire Range ..................................................... $3,300 

Oregon 

Army NG Salem National Guard/Reserve Center Bldg Add/Alt (JFHQ) ........... $16,500 

Pennsylvania 

Army NG Fort Indiantown Gap Training Aids Center ................................................................ $16,000 

Vermont 

Army NG North Hyde Park National Guard Vehicle Maintenance Shop Add ...................... $7,900 

Virginia 

Army NG Richmond National Guard/Reserve Center Building (JFHQ) ................... $29,000 

Washington 

Army NG Yakima Enlisted Barracks, Transient Training .................................... $19,000 

Worldwide Unspecified 

Army NG Unspecified Worldwide 

Locations 

Planning and Design ................................................................. $20,337 

Unspecified Minor Construction ............................................... $15,000 

Total Military Construction, Army National Guard ..................................................................................... $197,237 

California 

Army Res Miramar Army Reserve Center ................................................................ $24,000 

Florida 

Army Res MacDill AFB Army Reserve Center/Aviation Support Facility ...................... $55,000 

Mississippi 

Army Res Starkville Army Reserve Center ................................................................ $9,300 

New York 

Army Res Orangeburg Organizational Maintenance Shop ............................................ $4,200 


smartinez on DSK4TPTVN1PROD with BILLS
406 

•S 1118 IS

SEC. 3002. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title 

FY 2016 

Budget 

Request 

Pennsylvania 

Army Res Conneaut Lake DAR Highway Improvement ..................................................... $5,000 

Worldwide Unspecified 

Army Res Unspecified Worldwide 

Locations 

Planning and Design ................................................................. $9,318 

Army Res Unspecified Worldwide 

Locations 

Unspecified Minor Construction ............................................... $6,777 

Total Military Construction, Army Reserve .................................................................................................... $113,595 

Nevada 

N/MC Res Fallon NAVOPSPTCEN Fallon .......................................................... $11,480 

New York 

N/MC Res Brooklyn Reserve Center Storage Facility ............................................... $2,479 

Virginia 

N/MC Res Dam Neck Reserve Training Center Complex ............................................ $18,443 

Worldwide Unspecified 

N/MC Res Unspecified Worldwide 

Locations 

MCNR Planning & Design ........................................................ $2,208 

N/MC Res Unspecified Worldwide 

Locations 

MCNR Unspecified Minor Construction ................................... $1,468 

Total Military Construction, Navy and Marine Corps Reserve ............................................................... $36,078 

Alabama 

Air NG Dannelly Field TFI—Replace Squadron Operations Facility ........................... $7,600 

Arkansas 

Air NG Fort Smith MAP Consolidated SCIF .................................................................... $15,200 

California 

Air NG Moffett Field Replace Vehicle Maintenance Facility ....................................... $6,500 

Colorado 

Air NG Buckley Air Force Base ASE Maintenance and Storage Facility ................................... $5,100 

Georgia 

Air NG Savannah/Hilton Head 

IAP 

C–130 Squadron Operations Facility ....................................... $9,000 

Iowa 

Air NG Des Moines MAP Air Operations Grp/CYBER Beddown—Reno Blg 430 ........... $6,700 

Kansas 

Air NG Smokey Hill ANG Range Range Training Support Facilities ........................................... $2,900 

Louisiana 

Air NG New Orleans Replace Squadron Operations Facility ...................................... $10,000 

Maine 

Air NG Bangor IAP Add to and Alter Fire Crash/Rescue Station ............................ $7,200 

New Hampshire 

Air NG Pease International Trade 

Port 

KC–46A ADAL Flight Simulator Bldg 156 ............................. $2,800 

New Jersey 

Air NG Atlantic City IAP Fuel Cell and Corrosion Control Hangar ................................. $10,200 

New York 

Air NG Niagara Falls IAP Remotely Piloted Aircraft Beddown Bldg 912 ......................... $7,700 

North Carolina 

Air NG Charlotte/Douglas IAP Replace C–130 Squadron Operations Facility .......................... $9,000 

North Dakota 

Air NG Hector IAP Intel Targeting Facilities .......................................................... $7,300 

Oklahoma 

Air NG Will Rogers World Airport Medium Altitude Manned ISR Beddown .................................. $7,600 

Oregon 

Air NG Klamath Falls IAP Replace Fire Crash/Rescue Station .......................................... $7,200 

West Virginia 

Air NG Yeager Airport Force Protection—Relocate Coonskin Road ............................. $3,900 

Worldwide Unspecified 

Air NG Various Worldwide Locations Planning and Design ................................................................. $5,104 

Air NG Various Worldwide Locations Unspecified Minor Construction ............................................... $7,734 

Total Military Construction, Air National Guard ......................................................................................... $138,738 

Arizona 

AF Res Davis-Monthan AFB Guardian Angel Operations ....................................................... $18,200 

California 

AF Res March AFB Satellite Fire Station ................................................................. $4,600 

Florida 

AF Res Patrick AFB Aircrew Life Support Facility ................................................... $3,400 

Ohio 

AF Res Youngstown Indoor Firing Range ................................................................. $9,400 

Texas 

AF Res Joint Base San Antonio Consolidate 433 Medical Facility .............................................. $9,900 

Worldwide Unspecified 

AF Res Various Worldwide Locations Planning and Design ................................................................. $13,400 


smartinez on DSK4TPTVN1PROD with BILLS
407 

•S 1118 IS

SEC. 3002. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title 

FY 2016 

Budget 

Request 

AF Res Various Worldwide Locations Unspecified Minor Military Construction .................................. $6,121 

Total Military Construction, Air Force Reserve ............................................................................................ $65,021 

Florida 

FH Con Army Camp Rudder Family Housing Replacement Construction ............................. $8,000 

Germany 

FH Con Army Wiesbaden Army Airfield Family Housing Improvements ................................................. $3,500 

Illinois 

FH Con Army Rock Island Family Housing Replacement Construction ............................. $20,000 

Korea 

FH Con Army Camp Walker Family Housing New Construction ........................................... $61,000 

Worldwide Unspecified 

FH Con Army Unspecified Worldwide 

Locations 

Family Housing P & D ............................................................. $7,195 

Total Family Housing Construction, Army ...................................................................................................... $99,695 

Worldwide Unspecified 

FH Ops Army Unspecified Worldwide 

Locations 

Furnishings ............................................................................... $25,552 

FH Ops Army Unspecified Worldwide 

Locations 

Leased Housing ......................................................................... $144,879 

FH Ops Army Unspecified Worldwide 

Locations 

Maintenance of Real Property Facilities .................................. $75,197 

FH Ops Army Unspecified Worldwide 

Locations 

Management Account ................................................................ $48,515 

FH Ops Army Unspecified Worldwide 

Locations 

Military Housing Privatization Initiative .................................. $22,000 

FH Ops Army Unspecified Worldwide 

Locations 

Miscellaneous ............................................................................. $840 

FH Ops Army Unspecified Worldwide 

Locations 

Services ...................................................................................... $10,928 

FH Ops Army Unspecified Worldwide 

Locations 

Utilities ...................................................................................... $65,600 

Total Family Housing Operation & Maintenance, Army ............................................................................ $393,511 

Virginia 

FHC Con Navy Wallops Island Construct Housing Welcome Center ......................................... $438 

Worldwide Unspecified 

FHC Con Navy Unspecified Worldwide 

Locations 

Design ....................................................................................... $4,588 

FHC Con Navy Unspecified Worldwide 

Locations 

Improvements ............................................................................ $11,515 

Total Family Housing Construction, Navy & Marine Corps ..................................................................... $16,541 

Worldwide Unspecified 

FH Ops Navy Unspecified Worldwide 

Locations 

Furnishings Account ................................................................. $17,534 

FH Ops Navy Unspecified Worldwide 

Locations 

Leasing ...................................................................................... $64,108 

FH Ops Navy Unspecified Worldwide 

Locations 

Maintenance of Real Property .................................................. $99,323 

FH Ops Navy Unspecified Worldwide 

Locations 

Management Account ................................................................ $56,189 

FH Ops Navy Unspecified Worldwide 

Locations 

Miscellaneous Account ............................................................... $373 

FH Ops Navy Unspecified Worldwide 

Locations 

Privatization Support Costs ...................................................... $28,668 

FH Ops Navy Unspecified Worldwide 

Locations 

Services Account ....................................................................... $19,149 

FH Ops Navy Unspecified Worldwide 

Locations 

Utilities Account ........................................................................ $67,692 

Total Family Housing Operation & Maintenance, Navy & Marine Corps ........................................... $353,036 

Worldwide Unspecified 

FH Con AF Unspecified Worldwide 

Locations 

Improvements ............................................................................ $150,649 

FH Con AF Unspecified Worldwide 

Locations 

Planning and Design ................................................................. $9,849 

Total Family Housing Construction, Air Force .............................................................................................. $160,498 

Worldwide Unspecified 

FH Ops AF Unspecified Worldwide 

Locations 

Furnishings Account ................................................................. $38,746 

FH Ops AF Unspecified Worldwide 

Locations 

Housing Privatization ............................................................... $41,554 

FH Ops AF Unspecified Worldwide 

Locations 

Leasing ...................................................................................... $28,867 


smartinez on DSK4TPTVN1PROD with BILLS
408 

•S 1118 IS

SEC. 3002. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title 

FY 2016 

Budget 

Request 

FH Ops AF Unspecified Worldwide 

Locations 

Maintenance .............................................................................. $114,129 

FH Ops AF Unspecified Worldwide 

Locations 

Management Account ................................................................ $52,153 

FH Ops AF Unspecified Worldwide 

Locations 

Miscellaneous Account ............................................................... $2,032 

FH Ops AF Unspecified Worldwide 

Locations 

Services Account ....................................................................... $12,940 

FH Ops AF Unspecified Worldwide 

Locations 

Utilities Account ........................................................................ $40,811 

Total Family Housing Operation & Maintenance, Air Force .................................................................... $331,232 

Worldwide Unspecified 

FH Ops DW Unspecified Worldwide 

Locations 

Furnishings Account ................................................................. $4,203 

FH Ops DW Unspecified Worldwide 

Locations 

Leasing ...................................................................................... $51,952 

FH Ops DW Unspecified Worldwide 

Locations 

Maintenance of Real Property .................................................. $1,448 

FH Ops DW Unspecified Worldwide 

Locations 

Management Account ................................................................ $388 

FH Ops DW Unspecified Worldwide 

Locations 

Services Account ....................................................................... $31 

FH Ops DW Unspecified Worldwide 

Locations 

Utilities Account ........................................................................ $646 

Total Family Housing Operation & Maintenance, Defense-Wide ............................................................ $58,668 

Worldwide Unspecified 

BRAC Base Realignment & Closure, Army Base Realignment & Closure ..................................................... $29,691 

BRAC Base Realignment & Closure, Navy Base Realignment & Closure ..................................................... $118,906 

BRAC Unspecified Worldwide 

Locations 

DON–100: Planing, Design and Management ......................... $7,787 

BRAC Unspecified Worldwide 

Locations 

DON–101: Various Locations ................................................... $20,871 

BRAC Unspecified Worldwide 

Locations 

DON–138: NAS Brunswick, ME .............................................. $803 

BRAC Unspecified Worldwide 

Locations 

DON–157: MCSA Kansas City, MO ........................................ $41 

BRAC Unspecified Worldwide 

Locations 

DON–172: NWS Seal Beach, Concord, CA ............................. $4,872 

BRAC Unspecified Worldwide 

Locations 

DON–84: JRB Willow Grove & Cambria Reg AP ................... $3,808 

BRAC Unspecified Worldwide 

Locations 

DoD BRAC Activities—Air Force ............................................ $64,555 

Total Base Realignment and Closure Account ............................................................................................... $251,334 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS