II 

112TH CONGRESS 

2D SESSION S. 2467 

To authorize appropriations for fiscal year 2013 for military activities of 

the Department of Defense and for military construction, to prescribe 

military personnel strengths for fiscal year 2013, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2012 

Mr. LEVIN (for himself and Mr. MCCAIN) (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 2013 for military 

activities of the Department of Defense and for military 

construction, to prescribe military personnel strengths 

for fiscal year 2013, 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 2013’’. 


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

2 CONTENTS. 

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

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

7 (2) DIVISION B.—Military Construction Au8 thorizations. 

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

10 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of act into divisions; table of contents. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. Joint Improvised Explosive Device Defeat Fund. 

Sec. 106. Defense Production Act purchases. 

Subtitle B—Specific Programs 

Sec. 111. Multiyear procurement authority for Army CH–47F helicopters. 

Sec. 112. Multiyear procurement authority for Arleigh Burke class destroyers 

and associated systems. 

Sec. 113. Multiyear procurement authority for V–22 joint aircraft program. 

Sec. 114. Refueling and complex overhaul of the U.S.S. Abraham Lincoln. 

Sec. 115. Multiyear procurement authority for Virginia class submarine program. 

Sec. 116. Extension of multiyear procurement authority for F/A–18E, F/A– 

18F, and EA–18G aircraft. 

Sec. 117. Authority for reallocation of certain Aegis weapon system assets between and within the DDG–51 destroyer and Aegis Ashore 

programs in order to meet mission requirements. 

Sec. 118. Reduction in number of aircraft required to be maintained in strategic airlift aircraft inventory. 

Sec. 119. Quadrennial long-term plan for the procurement of aircraft for the 

Navy and the Air Force. 

Sec. 120. Ford class aircraft carrier procurement. 


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TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 201. Authorization of appropriations. 

Sec. 202. Eligibility for Department of Defense laboratories to enter into educational partnerships with educational institutions in United 

States territories and possessions. 

Sec. 203. Transfer of administration of Ocean Research Advisory Panel from 

Department of the Navy to National Oceanic and Atmospheric 

Administration. 

TITLE III—OPERATION AND MAINTENANCE 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Repeal of redundant authority to ensure interoperability of law enforcement and emergency responder training. 

Sec. 303. Repeal of certain record keeping and reporting requirements applicable to commissary and exchange stores overseas. 

Sec. 304. Authority to pay for contract fees and program costs of the Department of Defense Overseas Military Banking Program from operating and retained revenue of the program. 

Sec. 305. Expansion of use of uniform funding authority to permanent change 

of station and temporary duty lodging programs operated 

through nonappropriated fund instrumentalities. 

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 2013 limitation on number of non-dual status technicians. 

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

duty for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Officer Personnel Policy 

Sec. 501. Exception to 30-year retirement for Regular Navy warrant officers in 

the grade of Chief Warrant Officer, W–5. 

Sec. 502. Standardization of grade for certain medical and dental branch chief 

positions. 

Sec. 503. Revision to definition of joint duty assignment to include all instructor assignments for joint training and education. 

Sec. 504. Extension of temporary authority to reduce minimum length of active 

service as a commissioned officer required for voluntary retirement as an officer. 


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Sec. 505. Temporary increase in the time-in-grade retirement waiver limitation 

for lieutenant colonels and colonels in the Army, Air Force, 

and Marine Corps and commanders and captains in the Navy. 

Sec. 506. Modification to limitations on number of officers for whom servicein-grade requirements may be reduced for retirement in grade 

upon voluntary retirement. 

Sec. 507. Force management enhancements. 

Subtitle B—Reserve Component Management 

Sec. 511. Authority for persons who are lawful permanent residents to be appointed as officers of the National Guard. 

Sec. 512. Placement of National Guard non-dual status technicians in the excepted service with all dual status National Guard technicians. 

Sec. 513. Transfer of responsibility for Reserve Component Suicide Prevention 

and Resilience Program. 

Sec. 514. Authority for service commitment for reservists who accept fellowships, scholarships, or grants to be performed in the Selected 

Reserve. 

Sec. 515. Pilot program to allow establishment of active status and inactive status lists of members in the inactive National Guard. 

Sec. 516. Reinstatement of temporary special retirement qualification authority 

for reserve component members of the Air National Guard of 

the United States with 15 years of qualifying service. 

Subtitle C—Education and Training 

Sec. 521. Inclusion of the School of Advanced Military Studies Senior Level 

Course as a Senior Level service school. 

Sec. 522. Support of Naval Academy athletic programs. 

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

Community College of the Air Force. 

Sec. 524. Repeal of requirement that at least 50 percent of participants in Senior Reserve Officers’ Training Corps program be eligible for inState tuition. 

Sec. 525. Consolidation of military department authority to issue arms, tentage, 

and equipment to educational institutions not maintaining 

units of Junior ROTC. 

Subtitle D—Defense Dependents Education 

Sec. 531. Transfer of Troops-to-Teachers program from Department of Education to Department of Defense and enhancements to the program. 

Sec. 532. Modification of authority to allow Department of Defense Domestic 

Dependent Elementary and Secondary schools to enroll certain 

students. 

Sec. 533. Authority for acceptance of gifts and other private support for Marine Corps University. 

Subtitle E—Other Matters 

Sec. 541. Air Force Chief and Deputy Chief of Chaplains. 

Sec. 542. Authority for additional behavioral health professionals to conduct 

pre-separation medical exams for post-traumatic stress disorder. 


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Sec. 543. Modification of prohibition on refusal of voter registration applications and absentee ballot requests. 

Sec. 544. Inclusion of Northern Mariana Islands as a ‘‘State’’ for purposes of 

the Uniformed and Overseas Citizens Absentee Voting Act. 

Sec. 545. Clarification and enhancement of the role of the Staff Judge Advocate to the Commandant of the Marine Corps. 

Sec. 546. Additional requirements for accounting for members of the Armed 

Forces and Department of Defense civilian employees listed as 

missing. 

Sec. 547. Clarification of authorized Fisher House residents at the Fisher 

House for the Families of the Fallen and Meditation Pavilion 

at Dover Air Force Base, Delaware. 

Sec. 548. Repeal of alternative mechanism for required allotments from pay for 

child and spousal support owed by members of the uniformed 

services on active duty. 

Sec. 549. Reduction in requirements for publication in Federal Register under 

Solomon Amendment. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Sec. 601. Repeal of requirement for payment of Survivor Benefit Plan premiums when participant waives retired pay to provide a survivor annuity under Federal Employees Retirement System and 

terminating payment of the Survivor Benefit Plan annuity. 

Sec. 602. Transitional compensation for dependent children who were carried 

during pregnancy at the time of the dependent-abuse offense. 

Sec. 603. Increase in amount of Officer Affiliation Bonus for officers in the Selected Reserve. 

Sec. 604. Basic allowance for housing for two-member couples when one is on 

sea duty. 

Sec. 605. Change to the definition of dependent for purposes of limiting the 

terms of consumer credit for certain members of the Armed 

Forces and their dependents. 

Sec. 606. One-year extension of certain expiring bonus and special pay authorities. 

Sec. 607. Revision to certain definitions relating to families of servicemembers 

for purposes of family and medical leave. 

Sec. 608. Increase in maximum amount of incentive bonus for reserve component members who convert Military Occupational Specialty to 

ease personnel shortages. 

Sec. 609. Modifications to Career Intermission Pilot Program. 

Sec. 610. Permanent change of station allowances for members of Selected Reserve units filling a vacancy in another unit after being involuntarily separated. 

TITLE VII—HEALTH CARE PROVISIONS 

Sec. 701. Revisions to TRICARE cost sharing requirements. 

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

Sec. 703. Authority for automatic enrollment in TRICARE prime of dependents of members in pay grades above pay grade E–4. 

Sec. 704. Exclusion from authorized medical care for dependents of maternity 

care for fee-basis surrogate pregnancies. 


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Sec. 705. Extension of TRICARE Standard coverage and TRICARE Dental 

Program for members of the Selected Reserve who are involuntarily separated. 

Sec. 706. Clarification of applicability of Federal Tort Claims Act to subcontractors employed to provide health care services to the Department of Defense. 

Sec. 707. Modifications to requirement for Secretary of Defense to conduct 

mental health assessments for members of the Armed Forces 

deployed in connection with a contingency operation. 

Sec. 708. Inclusion of certain over-the-counter drugs in TRICARE Uniform 

formulary. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Sec. 801. Reduction in requirements for submission of Selected Acquisition Reports for major defense acquisition programs. 

Sec. 802. Authorization for entering into multiyear contracts with federally 

funded research and development centers. 

Sec. 803. Authority for the Secretary of Defense to provide fee-for-service inspection and testing by the Defense Contract Management 

Agency for certain critical equipment in the absence of a procurement contract. 

Sec. 804. Elimination of continuous-days-of-session requirement for congressional notification of the lease of certain vessels by the Department of Defense. 

Sec. 805. Disestablishment of Defense Materiel Readiness Board. 

Sec. 806. Revision to definition of term ‘‘commercial item’’ for purposes of Federal procurement statutes providing procedures for procurement of commercial items. 

Sec. 807. Treatment of reviews of programs experiencing critical cost growth 

when cost growth is primarily due to quantity changes. 

Sec. 808. Change in authorities relating to scope of work variations. 

Sec. 809. Treatment of procurements on behalf of the Department of Defense 

in accordance with the Department of Energy’s Work for Others program. 

Sec. 810. Enhancement of review of acquisition process for rapid fielding of capabilities in response to urgent operational needs. 

Sec. 811. Repeal of application of requirement to review ongoing programs initiated prior to certification under section 2366b of title 10, 

United States Code. 

Sec. 812. Permanent authority for use of simplified acquisition procedures for 

certain commercial items. 

Sec. 813. Special emergency procurement authority for domestic emergency operations. 

Sec. 814. Defense Coalition Repair Fund. 

Sec. 815. Enhancement of Department of Defense capabilities to deter and respond to contractor fraud. 

Sec. 816. Extension of authority for Task Force for Business and Stability Operations in Afghanistan. 

Sec. 817. Timeliness rules for filing bid protests at the United States Court of 

Federal Claims. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 


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Subtitle A—Intelligence-Related Matters 

Sec. 901. Technical amendments to reflect change in name of National Defense 

Intelligence College to National Intelligence University. 

Sec. 902. Authority to provide geospatial intelligence support to certain security 

alliances and regional organizations. 

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

activities as security for intelligence collection activities and 

military operations abroad. 

Subtitle B—Space Activities 

Sec. 911. Revisions to policy on development and procurement of unmanned 

systems. 

Sec. 912. Repeal of requirement for biennial report on Global Positioning System. 

Sec. 913. Repeal of requirement for Operationally Responsive Space Program 

Office in Department of Defense. 

Sec. 914. Commercial space launch cooperation. 

TITLE X—GENERAL PROVISIONS 

Sec. 1001. Technical amendments to repeal statutory references to United 

States Joint Forces Command. 

Sec. 1002. Redesignation of the Center for Hemispheric Defense Studies as the 

William J. Perry Center for Hemispheric Defense Studies. 

Sec. 1003. Congressional funeral support. 

Sec. 1004. Military museums’ acceptance of private support. 

Sec. 1005. Clarification of parties with whom Department of Defense may conduct exchanges of real property at military installations. 

Sec. 1006. Extension of authority to provide assured business guarantees to 

carriers participating in Civil Reserve Air Fleet. 

Sec. 1007. Extension of authority for joint task forces to provide support to law 

enforcement agencies conducting counter-terrorism activities. 

Sec. 1008. Pueblo Chemical Depot and Blue Grass Army Depot chemical agent 

and munitions destruction technologies. 

Sec. 1009. Streamlining of procedures for purchase and release of materials 

under Strategic and Critical Materials Stockpiling Act. 

Sec. 1010. Requirement for certification once every three years rather than annually for authority to provide certain support for counter-drug 

activities to specified foreign countries. 

Sec. 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on 

assignment of United States personnel in Colombia. 

Sec. 1012. Technical clarification of scope of procedures required for periodic 

detention review of individuals detained at United States Naval 

Station, Guantanamo Bay, Cuba. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Expansion of persons eligible for expedited Federal hiring following 

completion of National Security Education Program scholarship. 

Sec. 1102. Authority for transportation of family household pets of civilian personnel during evacuation of non-essential personnel. 

Sec. 1103. Extension of authority to fill shortage category positions for certain 

Federal acquisition positions for civilian agencies. 


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Sec. 1104. Authority to waive annual limitations on premium and aggregate 

pay for certain Federal civilian employees working overseas. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Sec. 1201. Improved administration of the American, British, Canadian, and 

Australian Armies’ Program. 

Sec. 1202. Three-year extension of authority for non-reciprocal exchanges of 

Defense personnel between the United States and foreign countries. 

Sec. 1203. Repeal of requirement for advance notification to Congress of transfer of certain excess defense articles. 

Sec. 1204. Designation of additional ‘‘High Income’’ countries prohibited from 

receiving International Military Education and Training Grant 

Assistance under chapter 5 of the Foreign Assistance Act. 

Sec. 1205. Authority to support operations and activities of the Office of Security Cooperation in Iraq. 

Sec. 1206. United States participation in Headquarters Eurocorps. 

Sec. 1207. Department of Defense participation in European program on multilateral exchange of air transportation and air refueling services. 

Sec. 1208. Extension of expiration date of transitional authorities to provide assistance to enhance the capacity of counterterrorism forces of 

certain East African countries and Yemen. 

Sec. 1209. Three-year extension of authority to waive reimbursement of costs 

of activities for nongovernmental personnel at Department of 

Defense Regional Centers for Security Studies. 

Sec. 1210. Extension and expansion of authority to acquire products and services produced in countries along a major route of supply to Afghanistan. 

Sec. 1211. Extension of Commanders’ Emergency Response Program in Afghanistan. 

Sec. 1212. Extension of authorities relating to program to build the capacity 

of foreign military forces. 

Sec. 1213. One-year extension of authority to use funds for reintegration activities in Afghanistan. 

Sec. 1214. Authority for funds available in the Joint Improvised Explosive Device Defeat Fund to be used to support programs that mitigate 

threats to United States forces in Afghanistan. 

Sec. 1215. One-year extension and modification of the authority to carry out 

infrastructure projects in Afghanistan. 

Sec. 1216. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

TITLE XIII—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1301. Working capital funds. 

Sec. 1302. National Defense Sealift Fund. 

Sec. 1303. Joint Urgent Operational Needs Fund. 

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

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

Sec. 1306. Defense Inspector General. 

Sec. 1307. Defense Health Program. 


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Subtitle B—Other Matters 

Sec. 1311. Authorization of appropriations for Armed Forces Retirement 

Home. 

Sec. 1312. 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. 

TITLE XIV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS FOR FISCAL YEAR 

2013 

Sec. 1401. Purpose. 

Sec. 1402. Army procurement. 

Sec. 1403. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1404. Navy and Marine Corps procurement. 

Sec. 1405. Air Force procurement. 

Sec. 1406. Joint Urgent Operational Needs Fund. 

Sec. 1407. Defense-wide activities procurement. 

Sec. 1408. Research, development, test, and evaluation. 

Sec. 1409. Operation and maintenance. 

Sec. 1410. Military personnel. 

Sec. 1411. Working Capital Funds. 

Sec. 1412. Defense Health Program. 

Sec. 1413. Drug Interdiction and Counter-Drug Activities, Defense-Wide. 

Sec. 1414. Defense Inspector General. 

Sec. 1415. Afghanistan Security Forces Fund. 

TITLE XV—MILITARY RETIREMENT MODERNIZATION 

COMMISSION 

Sec. 1501. Short title. 

Sec. 1502. Purpose. 

Sec. 1503. Definitions. 

Sec. 1504. Establishment of Military Retirement Modernization Commission. 

Sec. 1505. Commission hearings and meetings. 

Sec. 1506. Principles and procedure for Commission recommendations. 

Sec. 1507. Presidential and congressional consideration of Commission recommendations. 

Sec. 1508. Authorization of appropriations and funding. 

Sec. 1509. Pay for members of the Commission. 

Sec. 1510. Executive Director. 

Sec. 1511. Staff. 

Sec. 1512. Contracting authority. 

Sec. 1513. Judicial review precluded. 

Sec. 1514. Termination. 

TITLE XVI—BENEFITS FOR FEDERAL CIVILIAN EMPLOYEES IN 

ZONES OF ARMED CONFLICT 

Sec. 1601. Short title. 

Sec. 1602. Definition of designated zone of armed conflict. 

Sec. 1603. Benefits for employees in designated zones of armed conflict. 

Sec. 1604. Waiver of certain pay limitations. 

Sec. 1605. Leave authorities. 


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Sec. 1606. Other benefits for deployed employees in a designated zone of armed 

conflict. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

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

by law. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

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

Sec. 2102. Family housing. 

Sec. 2103. Authorization of appropriations, Army. 

Sec. 2104. Modification of authority to carry out certain fiscal year 2010 

project. 

Sec. 2105. Additional authority to carry out certain fiscal year 2013 projects. 

Sec. 2106. Extension of authorizations of certain fiscal year 2009 projects. 

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

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification of authority to carry out certain fiscal year 2012 

project. 

Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects. 

Sec. 2207. Extension of authorizations of certain fiscal year 2010 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. Additional authority to carry out certain fiscal year 2013 projects. 

Sec. 2306. Extension of authorizations of certain fiscal year 2010 projects. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized defense agencies construction and land acquisition 

projects. 

Sec. 2402. Authorized energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Extension of authorization of certain fiscal year 2010 project. 

Sec. 2405. Modification of authority to carry out certain fiscal year 2012 

projects. 

Subtitle B—Chemical Demilitarization Authorizations 

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

Sec. 2412. Modification of authority to carry out certain fiscal year 1997 

project. 


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TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Subtitle A—Project Authorizations and Authorization of Appropriations 

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

projects. 

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

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

and land acquisition projects. 

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

projects. 

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

projects. 

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

Subtitle B—Other Matters 

Sec. 2611. Modification of authority to carry out certain fiscal year 2010 and 

2011 projects. 

Sec. 2612. Additional authority to carry out certain fiscal year 2013 Army 

projects. 

Sec. 2613. Additional authority to carry out certain fiscal year 2013 Air Force 

projects. 

Sec. 2614. Extension of authorization of certain fiscal year 2009 project. 

Sec. 2615. Extension of authorization of certain fiscal year 2010 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 1990. 

Sec. 2702. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure 

Account 2005. 

Sec. 2703. Technical amendments to section 2702 of fiscal year 2012 act. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Sec. 2801. Use of proceeds, land conveyance, Tyndall Air Force Base, Florida. 

Sec. 2802. Extension of temporary, limited authority to use operation and 

maintenance funds for construction projects in certain areas 

outside the United States. 

Sec. 2803. Authority for use of multiple appropriations for infrastructure 

projects at Arlington National Cemetery. 

Sec. 2804. Revisions to minor military construction authorities. 

Sec. 2805. Authority for acceptance of funds to cover administrative expenses 

associated with real property leases and easements. 

Sec. 2806. Modification to authorized land conveyance and exchange, Joint 

Base Elmendorf Richardson, Alaska. 

TITLE XXIX—DEFENSE BASE CLOSURE AND REALIGNMENT 


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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 2012. 

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. 

1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 101. ARMY. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2013 for procurement for the Army as follows: 

9 (1) For aircraft, $5,853,729,000. 

10 (2) For missiles, $1,302,689,000. 

11 (3) For weapons and tracked combat vehicles, 

12 $1,501,706,000. 

13 (4) For ammunition, $1,739,706,000. 

14 (5) For other procurement, $6,326,245,000. 

15 SEC. 102. NAVY AND MARINE CORPS. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2013 for procurement for the Navy and Marine 

18 Corps as follows: 

19 (1) For aircraft, $17,129,296,000. 


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1 (2) For weapons, including missiles and tor2 pedoes, $3,117,578,000. 

3 (3) For shipbuilding and conversion, 

4 $13,579,845,000. 

5 (4) For other procurement, $6,169,378,000. 

6 (5) For procurement, Marine Corps, 

7 $1,622,955,000. 

8 (6) For ammunition procurement, Navy and 

9 Marine Corps, $759,539,000. 

10 SEC. 103. AIR FORCE. 

11 (a) FISCAL YEAR 2013.—Funds are hereby author12 ized to be appropriated for fiscal year 2013 for procure13 ment for the Air Force as follows: 

14 (1) For aircraft, $11,002,999,000. 

15 (2) For ammunition, $599,194,000. 

16 (3) For missiles, $5,491,846,000. 

17 (4) For other procurement, $16,720,848,000. 

18 (b) ADVANCE APPROPRIATIONS.—Funds, in the form 

19 of advance appropriations, are hereby authorized to be ap20 propriated for procurement of missiles for the Air Force 

21 to fully fund the procurement of Advanced Extremely 

22 High Frequency communications satellites 5 and 6 and 

23 Space Based Infrared System missile warning satellites 5 

24 and 6, as follows: 

25 (1) For fiscal year 2014, $833,500,000. 


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1 (2) For fiscal year 2015, $763,900,000. 

2 (3) For fiscal year 2016, $708,400,000. 

3 (4) For fiscal year 2017, $1,107,200,000. 

4 (5) For fiscal year 2018, $1,013,700,000. 

5 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2013 for Defense-wide procurement in the 

8 amount of $4,187,935,000. 

9 SEC. 105. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

10 FUND. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2013 for the Joint Improvised Explosive Device 

13 Defeat Fund in the amount of $227,414,000. 

14 SEC. 106. DEFENSE PRODUCTION ACT PURCHASES. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2013 for purchases under the Defense Produc17 tion Act of 1950 (50 U.S.C. App. 2061 et seq.) in the 

18 amount of $89,189,000. 

19 Subtitle B—Specific Programs 

20 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

21 ARMY CH–47F HELICOPTERS. 

22 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

24 the Secretary of the Army may enter into a multiyear con25 tract or contracts, beginning with the fiscal year 2013 proVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 gram year, for the procurement of airframes for CH–47F 

2 helicopters. 

3 (b) CONDITION FOR OUT-YEAR CONTRACT PAY4 MENTS.—A contract entered into under subsection (a) 

5 shall provide that any obligation of the United States to 

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

7 fiscal year 2013 is subject to the availability of appropria8 tions for that purpose for such later fiscal year. 

9 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR 

10 ARLEIGH BURKE CLASS DESTROYERS AND 

11 ASSOCIATED SYSTEMS. 

12 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

14 the Secretary of the Navy may enter into multiyear con15 tracts, beginning with the fiscal year 2013 program year, 

16 for the procurement of Arleigh Burke class guided missile 

17 destroyers, as well as the AEGIS Weapon Systems, MK 

18 41 Vertical Launching Systems, and Commercial 

19 Broadband Satellite Systems associated with those vessels. 

20 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

21 Secretary of the Navy may enter into one or more con22 tracts, beginning in fiscal year 2013, for advance procure23 ment associated with the vessels and systems for which 

24 authorization to enter into a multiyear procurement con25 tract is provided under subsection (a). 


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1 (c) CONDITION FOR OUT-YEAR CONTRACT PAY2 MENTS.—A contract entered into under subsection (a) 

3 shall provide that any obligation of the United States to 

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

5 fiscal year 2013 is subject to the availability of appropria6 tions or funds for that purpose for such later fiscal year. 

7 SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR V–22 

8 JOINT AIRCRAFT PROGRAM. 

9 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

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

11 the Secretary of the Navy may enter into a multiyear con12 tract or contracts, beginning with the fiscal year 2013 pro13 gram year, for the procurement of V–22 aircraft for the 

14 Department of the Navy, Department of the Air Force 

15 and the United States Special Operations Command. 

16 (b) CONDITION FOR OUT-YEAR CONTRACT PAY17 MENTS.—A contract entered into under subsection (a) 

18 shall provide that any obligation of the United States to 

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

20 fiscal year 2013 is subject to the availability of appropria21 tions for that purpose for such later fiscal year. 

22 SEC. 114. REFUELING AND COMPLEX OVERHAUL OF THE 

23 U.S.S. ABRAHAM LINCOLN. 

24 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.— 

25 Of the amount appropriated or otherwise made available 


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1 for shipbuilding and conversion, Navy, for fiscal year 

2 2013, $1,613,392,000 is authorized to be available for the 

3 commencement of the nuclear refueling and complex over4 haul of the U.S.S. Abraham Lincoln (CVN–72) during fis5 cal year 2013. The amount authorized to be made avail6 able in the preceding sentence is the first increment in 

7 the two-year sequence of incremental funding planned for 

8 the nuclear refueling and complex overhaul of that vessel. 

9 (b) CONTRACT AUTHORITY.—The Secretary of the 

10 Navy is authorized to enter into a contract during fiscal 

11 year 2013 for the nuclear refueling and complex overhaul 

12 of the U.S.S. Abraham Lincoln. 

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

15 shall provide that any obligation of the United States to 

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

17 fiscal year 2013 is subject to the availability of appropria18 tions for that purpose for that later fiscal year. 

19 SEC. 115. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR20 GINIA CLASS SUBMARINE PROGRAM. 

21 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

22 The Secretary of the Navy may, in accordance with section 

23 2306b of title 10, United States Code, enter into multiyear 

24 contracts, beginning with the fiscal year 2014 program 

25 year, for procurement of Virginia class submarines and 


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1 Government-furnished equipment associated with the Vir2 ginia class submarine program. 

3 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

4 Secretary of the Navy may enter into one or more con5 tracts, beginning in fiscal year 2013, for advance procure6 ment associated with the vessels and equipment for which 

7 authorization to enter into a multiyear procurement con8 tract is provided under subsection (a). 

9 (c) CONDITION FOR OUT-YEAR CONTRACT PAY10 MENTS.—A contract entered into under subsection (a) 

11 shall provide that any obligation of the United States to 

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

13 fiscal year 2014 is subject to the availability of appropria14 tions or funds for that purpose for such later fiscal year. 

15 SEC. 116. EXTENSION OF MULTIYEAR PROCUREMENT AU16 THORITY FOR F/A–18E, F/A–18F, AND EA–18G 

17 AIRCRAFT. 

18 Section 128 of the National Defense Authorization 

19 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

20 2217), as amended by Public Law 111–238 (124 Stat. 

21 2500), is further amended by adding at the end the fol22 lowing new subsection: 

23 ‘‘(f) EXTENSION OF MULTIYEAR AUTHORITY.—With 

24 respect to a multiyear contract entered into under sub25 section (a), the Secretary of the Navy may, notwithVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 standing any provision of section 2306b of title 10, United 

2 States Code, to the contrary, modify such contract to add 

3 a fifth production year to the contract.’’. 

4 SEC. 117. AUTHORITY FOR REALLOCATION OF CERTAIN 

5 AEGIS WEAPON SYSTEM ASSETS BETWEEN 

6 AND WITHIN THE DDG–51 DESTROYER AND 

7 AEGIS ASHORE PROGRAMS IN ORDER TO 

8 MEET MISSION REQUIREMENTS. 

9 (a) AUTHORITY.—Notwithstanding any other provi10 sion of law, the Secretary of the Navy is authorized to 

11 provide Aegis Weapon System (AWS) equipment with Bal12 listic Missile Defense (BMD) capability to the Missile De13 fense Agency (MDA) for use in its Aegis Ashore System 

14 for installation in the country designated as Host Nation 

15 #1 (HN–1) by transferring to MDA such equipment pro16 cured with prior-year Shipbuilding and Conversion, Navy 

17 (SCN) appropriations for the DDG–51 Destroyer Pro18 gram. The Secretary of the Navy is further authorized to 

19 make adjustments in equipment deliveries in accordance 

20 with subparagraph (a)(2) of this section as needed to sup21 port shipbuilding schedules for affected ships. The Sec22 retary of the Navy is further authorized to install on an 

23 SCN-funded DDG–51 Class Destroyer, AWS equipment 

24 with BMD capability procured using appropriations for 

25 Research, Development, Test and Evaluation, DefenseVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 Wide (RDT&E,DW). The authority of the Secretary of the 

2 Navy under this section shall consist of the following spe3 cific authorizations: 

4 (1) The Secretary of the Navy may transfer 

5 AWS equipment with BMD capability procured for 

6 the DDG–51 Destroyer Program in FY 2010 and 

7 FY 2011 to MDA for installation in a shore-based 

8 AWS in the country designated as HN–1. 

9 (2) The Secretary of the Navy may obligate 

10 funds appropriated under the subdivision of appro11 priations ‘‘DDG–51 Destroyer’’ under the heading 

12 ‘‘SHIPBUILDING AND CONVERSION, NAVY’’ for FY 

13 2012, or may use any AWS assets acquired with 

14 such funds, to deliver complete, mission-ready AWS 

15 with BMD capability to any DDG–51 Class De16 stroyer for which SCN funds were appropriated in 

17 FY 2011. 

18 (3) The Director, MDA shall transfer AWS 

19 equipment with BMD capability procured for instal20 lation in a shore-based AWS to the Department of 

21 the Navy for the DDG–51 Destroyer Program to re22 place equipment transferred to MDA under the au23 thority of subparagraph (a)(1). Notwithstanding the 

24 appropriation that funded the acquisition of such re25 placement equipment, the Secretary of the Navy 


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1 shall fund all work necessary to complete construc2 tion and outfitting of any recipient DDG–51 Class 

3 Destroyer in the same manner as if the replacement 

4 equipment had been acquired using SCN appropria5 tions. 

6 (b) RELATIONSHIP TO OTHER LAW.—Nothing in this 

7 section shall be construed to repeal or otherwise modify 

8 in any way the limitation on obligation or expenditure of 

9 funds for missile defense interceptors in Europe as speci10 fied in section 223 of the Ike Skelton National Defense 

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

12 383). 

13 SEC. 118. REDUCTION IN NUMBER OF AIRCRAFT REQUIRED 

14 TO BE MAINTAINED IN STRATEGIC AIRLIFT 

15 AIRCRAFT INVENTORY. 

16 (a) REDUCTION IN INVENTORY REQUIREMENT.— 

17 Section 8062(g)(1) of title 10, United States Code, is 

18 amended— 

19 (1) by striking ‘‘Effective October 1, 2011, the’’ 

20 and inserting ‘‘The’’; and 

21 (2) by striking ‘‘301 aircraft’’ and inserting 

22 ‘‘275 aircraft’’. 

23 (b) MODIFICATION OF CERTIFICATION REQUIRE24 MENT.—Subsection (d)(3)(B) of section 137 of the Na25 tional Defense Authorization Act for Fiscal Year 2010 


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1 (Public Law 111–84; 123 Stat. 2221) is amended by strik2 ing ‘‘316 strategic airlift aircraft’’ and inserting ‘‘275 

3 strategic airlift aircraft’’. 

4 SEC. 119. QUADRENNIAL LONG-TERM PLAN FOR THE PRO5 CUREMENT OF AIRCRAFT FOR THE NAVY 

6 AND THE AIR FORCE. 

7 (a) IN GENERAL.—Section 231a of title 10, United 

8 States Code, is amended to read as follows: 

9 ‘‘§ 231a. Long-range plan for procurement of aircraft 

10 for the Navy and Air Force 

11 ‘‘(a) QUADRENNIAL AIRCRAFT PROCUREMENT

12 PLAN.—At the same time that the budget of the President 

13 is submitted under section 1105(a) of title 31 during each 

14 year in which the Secretary of Defense submits a quadren15 nial defense review, the Secretary of Defense shall submit 

16 to the congressional defense committees a long-range plan 

17 for the procurement of covered aircraft for the Depart18 ment of the Navy and the Department of the Air Force 

19 that supports the aviation force structure recommenda20 tions of the quadrennial defense review. 

21 ‘‘(b) MATTERS INCLUDED.—Each aircraft procure22 ment plan under subsection (a) shall include the following: 

23 ‘‘(1) A detailed schedule for procurement of 

24 covered aircraft for the Department of the Navy and 

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1 riod beginning on the date on which the plan is sub2 mitted. 

3 ‘‘(2) A notional procurement schedule for the 

4 20-year period beginning on the date that is 10 

5 years after the date on which the plan is submitted. 

6 ‘‘(3) For the procurement schedules under 

7 paragraph (1)— 

8 ‘‘(A) the estimated levels of annual funding 

9 necessary to carry out such schedule; 

10 ‘‘(B) a determination by the Director of 

11 Cost Assessment and Program Evaluation of 

12 the level of funding necessary to carry out such 

13 schedules; and 

14 ‘‘(C) an evaluation by the Director of the 

15 potential risk associated with such schedules, 

16 including detailed effects on operational plans, 

17 missions, deployment schedules, and fulfillment 

18 of the requirements of the commanders of the 

19 combatant commands. 

20 ‘‘(c) ASSESSMENT WHEN AIRCRAFT PROCUREMENT

21 BUDGET IS INSUFFICIENT.—If the budget for a fiscal 

22 year provides for funding of the procurement of covered 

23 aircraft for either the Department of the Navy or the De24 partment of the Air Force at a level that is less than the 

25 level determined necessary by the Director of Cost AssessVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 ment and Program Evaluation under subsection 

2 (b)(3)(B), the Secretary of Defense shall include with the 

3 defense budget materials for that fiscal year an assess4 ment that describes and discusses the risks associated 

5 with the budget, including the risk associated with a re6 duced force structure of aircraft that may result from 

7 funding covered aircraft procurement at such level. 

8 ‘‘(d) CBO EVALUATION.—Not later than 60 days 

9 after the date on which the congressional defense commit10 tees receive the plan under subsection (a), the Director 

11 of the Congressional Budget Office shall submit to such 

12 committees a report assessing the sufficiency of the esti13 mated levels of annual funding included in such plan with 

14 respect to the budget submitted during the year in which 

15 the plan is submitted and the future-years defense pro16 gram submitted under section 221 of this title. 

17 ‘‘(e) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘covered aircraft’ means the fol19 lowing: 

20 ‘‘(A) Fighter aircraft. 

21 ‘‘(B) Attack aircraft. 

22 ‘‘(C) Bomber aircraft. 

23 ‘‘(D) Strategic lift aircraft. 

24 ‘‘(E) Intratheater lift aircraft. 


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1 ‘‘(F) Intelligence, surveillance, and recon2 naissance aircraft. 

3 ‘‘(G) Tanker aircraft. 

4 ‘‘(H) Any other major support aircraft 

5 designated by the Secretary of Defense for pur6 poses of this section. 

7 ‘‘(2) The term ‘budget’, with respect to a fiscal 

8 year, means the budget for that fiscal year that is 

9 submitted to Congress by the President under sec10 tion 1105(a) of title 31. 

11 ‘‘(3) The term ‘defense budget materials’, with 

12 respect to a fiscal year, means the materials sub13 mitted to Congress by the Secretary of Defense in 

14 support of the budget for that fiscal year. 

15 ‘‘(4) The term ‘quadrennial defense review’ 

16 means the review of the defense programs and poli17 cies of the United States that is carried out every 

18 four years under section 118 of this title.’’. 

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

20 at the beginning of chapter 9 of such title is amended by 

21 striking the item relating to section 231a and inserting 

22 the following new item: 

‘‘231a. Long-range plan for procurement of aircraft for the Navy and the Air 

Force.’’. 


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1 SEC. 120. FORD CLASS AIRCRAFT CARRIER PROCUREMENT. 

2 (a) CONTRACT AUTHORITY FOR CONSTRUCTION OF

3 AIRCRAFT CARRIERS DESIGNATED AS CVN–78, CVN–79, 

4 AND CVN–80.—In the fiscal year immediately following 

5 the last fiscal year of the contract for advance procure6 ment for a CVN–21 class aircraft carrier designated 

7 CVN–78, CVN–79 or CVN–80, the Secretary of the Navy 

8 may enter into a contract for the construction of such air9 craft carrier to be funded in the fiscal year of such con10 tract for construction and the succeeding four fiscal years, 

11 in the case of the vessel designated CVN–78, and the suc12 ceeding five fiscal years, in the case of the vessels des13 ignated CVN–79 and CVN–80. 

14 (b) CONDITION FOR OUT-YEAR CONTRACT PAY15 MENTS.—A contract entered into under subsection (a) 

16 shall provide that any obligation of the United States to 

17 make a payment under the contract for any subsequent 

18 fiscal year is subject to the availability of appropriations 

19 for that purpose for such subsequent fiscal year. 

20 (c) REPEAL OF SUPERSEDED PROVISION.—Section 

21 121 of the John Warner National Defense Authorization 

22 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

23 2104) is repealed. 


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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION 

4 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2013 for the use of the Department of Defense 

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

8 (1) For the Army, $8,929,415,000. 

9 (2) For the Navy, $16,882,877,000. 

10 (3) For the Air Force, $25,428,046,000. 

11 (4) For Defense-wide activities, 

12 $17,982,161,000. 

13 (5) For the Director of Operational Test and 

14 Evaluation, $185,268,000. 

15 SEC. 202. ELIGIBILITY FOR DEPARTMENT OF DEFENSE 

16 LABORATORIES TO ENTER INTO EDU17 CATIONAL PARTNERSHIPS WITH EDU18 CATIONAL INSTITUTIONS IN UNITED STATES 

19 TERRITORIES AND POSSESSIONS. 

20 (a) ELIGIBILITY.—Section 2194(a) of title 10, 

21 United States Code, is amended by inserting ‘‘, the Com22 monwealth of Puerto Rico, the Commonwealth of the 

23 Northern Mariana Islands, and any possession of the 

24 United States’’ after ‘‘institutions of the United States’’. 


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1 (b) TECHNICAL AMENDMENT.—Paragraph (2) of 

2 such section is amended by inserting ‘‘(20 U.S.C. 7801)’’ 

3 before the period. 

4 SEC. 203. TRANSFER OF ADMINISTRATION OF OCEAN RE5 SEARCH ADVISORY PANEL FROM DEPART6 MENT OF THE NAVY TO NATIONAL OCEANIC 

7 AND ATMOSPHERIC ADMINISTRATION. 

8 (a) AUTHORITY FOR OCEAN RESEARCH AND RE9 SOURCES ADVISORY PANEL.—Subsection (a) of section 

10 7903 of title 10, United States Code, is amended— 

11 (1) in the matter preceding paragraph (1)— 

12 (A) by inserting ‘‘, through the Adminis13 trator of the National Oceanic and Atmospheric 

14 Administration,’’ after ‘‘The Council’’; 

15 (B) by inserting ‘‘and Resources’’ after 

16 ‘‘Ocean Research’’; 

17 (C) by striking ‘‘Panel consisting’’ and in18 serting ‘‘Panel. The Panel shall consist’’; and 

19 (D) by striking ‘‘chairman’’ and inserting 

20 ‘‘Administrator of the National Oceanic and At21 mospheric Administration, on behalf of the 

22 Council’’; 

23 (2) in paragraph (1), by striking ‘‘National 

24 Academy of Science’’ and inserting ‘‘National Acad25 emies’’; and 


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1 (3) by striking paragraphs (2) and (3) and re2 designating paragraphs (4) and (5) as paragraphs 

3 (2) and (3), respectively. 

4 (b) RESPONSIBILITIES OF PANEL.—Subsection (b) of 

5 such section is amended— 

6 (1) by inserting ‘‘, through the Administrator of 

7 the National Oceanic and Atmospheric Administra8 tion,’’ after ‘‘The Council’’; 

9 (2) by redesignating paragraphs (3) and (4) as 

10 paragraphs (4) and (5), respectively; and 

11 (3) by striking paragraph (2) and inserting the 

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

13 ‘‘(2) To advise the Council on the determination 

14 of scientific priorities and needs. 

15 ‘‘(3) To provide the Council strategic advice re16 garding national ocean program execution and col17 laboration.’’. 

18 (c) FUNDING TO SUPPORT ACTIVITIES OF PANEL.— 

19 Subsection (c) of such section is amended by striking 

20 ‘‘Secretary of the Navy’’ and inserting ‘‘Secretary of Com21 merce’’. 

22 (d) CONFORMING AMENDMENT.—Section 7902(e)(1) 

23 of such title is amended by striking ‘‘Ocean Research Ad24 visory Panel’’ and inserting ‘‘Ocean Research and Re25 sources Advisory Panel’’. 


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1 (e) CLERICAL AMENDMENTS.— 

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

3 7903 of such title is amended to read as follows: 

4 ‘‘§ 7903. Ocean Research and Resources Advisory 

5 Panel’’. 

6 (2) TABLE OF SECTIONS.—The item relating to 

7 such section in the table of sections at the beginning 

8 of chapter 665 of such title is amended to read as 

9 follows: 

‘‘7903. Ocean Research and Resources Advisory Panel.’’. 

10 (f) REFERENCES.—Any reference to the Ocean Re11 search Advisory Panel in any law, regulation, map, docu12 ment, record, or other paper of the United States shall 

13 be deemed to be a reference to the Ocean Research and 

14 Resources Advisory Panel. 

15 TITLE III—OPERATION AND 

16 MAINTENANCE 

17 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2013 for the use of the Armed Forces and other 

20 activities and agencies of the Department of Defense for 

21 expenses, not otherwise provided for, for operation and 

22 maintenance, in amounts as follows: 

23 (1) For the Army, $36,608,592,000. 

24 (2) For the Navy, $41,606,943,000. 

25 (3) For the Marine Corps, $5,983,163,000. 


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1 (4) For the Air Force, $35,435,360,000. 

2 (5) For Defense-wide activities, 

3 $31,993,013,000. 

4 (6) For the Army Reserve, $3,162,008,000. 

5 (7) For the Navy Reserve, $1,246,982,000. 

6 (8) For the Marine Corps Reserve, 

7 $272,285,000. 

8 (9) For the Air Force Reserve, $3,166,482,000. 

9 (10) For the Army National Guard, 

10 $7,108,612,000. 

11 (11) For the Air National Guard, 

12 $6,015,455,000. 

13 (12) For the United States Court of Appeals 

14 for the Armed Forces, $13,516,000. 

15 (13) For the Department of Defense Acquisi16 tion Workforce Development Fund, $274,198,000. 

17 (14) For Environmental Restoration, Army, 

18 $335,921,000. 

19 (15) For Environmental Restoration, Navy, 

20 $310,594,000. 

21 (16) For Environmental Restoration, Air Force, 

22 $529,263,000. 

23 (17) For Environmental Restoration, Defense24 wide, $11,133,000. 


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1 (18) For Environmental Restoration, Formerly 

2 Used Defense Sites, $237,543,000. 

3 (19) For Overseas Humanitarian, Disaster, and 

4 Civic Aid programs, $108,759,000. 

5 (20) For Cooperative Threat Reduction pro6 grams, $519,111,000. 

7 SEC. 302. REPEAL OF REDUNDANT AUTHORITY TO ENSURE 

8 INTEROPERABILITY OF LAW ENFORCEMENT 

9 AND EMERGENCY RESPONDER TRAINING. 

10 Section 372 of title 10, United States Code, is 

11 amended— 

12 (1) by striking ‘‘(a) IN GENERAL.—’’ before 

13 ‘‘The Secretary of Defense’’; and 

14 (2) by striking subsection (b). 

15 SEC. 303. REPEAL OF CERTAIN RECORD KEEPING AND RE16 PORTING REQUIREMENTS APPLICABLE TO 

17 COMMISSARY AND EXCHANGE STORES OVER18 SEAS. 

19 (a) REPEAL.—Section 2489 of title 10, United States 

20 Code, is amended by striking subsections (b) and (c). 

21 (b) TECHNICAL AMENDMENTS.—Such section is fur22 ther amended— 

23 (1) by striking ‘‘(1)’’ after ‘‘(a) GENERAL AU24 THORITY.—’’; 


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1 (2) by redesignating paragraph (2) as sub2 section (b) and inserting ‘‘LIMITATIONS.—’’ before 

3 ‘‘In establishing’’; and 

4 (3) by redesignating subparagraphs (A) and 

5 (B) as paragraphs (1) and (2), respectively. 

6 SEC. 304. AUTHORITY TO PAY FOR CONTRACT FEES AND 

7 PROGRAM COSTS OF THE DEPARTMENT OF 

8 DEFENSE OVERSEAS MILITARY BANKING 

9 PROGRAM FROM OPERATING AND RETAINED 

10 REVENUE OF THE PROGRAM. 

11 (a) USE OF GENERATED REVENUE.—The Secretary 

12 of Defense, in carrying out the Overseas Military Banking 

13 Program of the Department of Defense (in this section 

14 referred to as the ‘‘Program’’), may use the operating and 

15 retained revenue generated by the Program to pay for the 

16 following: 

17 (1) Contract fees related to any contract en18 tered into for the purpose of carrying out the Pro19 gram. 

20 (2) Costs incurred under the Program for pro21 viding (A) contract formation and administration 

22 services relating to the Program contract, and (B) 

23 financial services to the military services and mili24 tary personnel. 

25 (b) COLLECTION OF AMOUNTS OWED.— 


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1 (1) AUTHORITY TO COLLECT AMOUNTS OWED

2 BY DEDUCTIONS FROM PAY.—Under regulations pre3 scribed by the Secretary of Defense, at the request 

4 of the head of the Program, a disbursing official of 

5 the United States may, on behalf of the Program, 

6 collect by deduction from the amount of pay owed to 

7 a member or an employee any amount of funds the 

8 member or employee owes to the Program as a re9 sult of delinquencies or a default on loans or fees 

10 not disputed by the member or employee. The 

11 amount deducted from the pay owed to a member or 

12 an employee with respect to a pay period may not 

13 exceed 15 percent of the disposable pay of the mem14 ber or employee for that pay period, except that a 

15 greater percentage may be deducted with the written 

16 consent of the member or employee. 

17 (2) DUE PROCESS PROTECTIONS.—Collections 

18 under this subsection shall be carried out in accord19 ance with procedures substantially equivalent to the 

20 procedures required under section 3716(a) of title 

21 31, United States Code. 


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1 SEC. 305. EXPANSION OF USE OF UNIFORM FUNDING AU2 THORITY TO PERMANENT CHANGE OF STA3 TION AND TEMPORARY DUTY LODGING PRO4 GRAMS OPERATED THROUGH NON5 APPROPRIATED FUND INSTRUMENTALITIES. 

6 (a) INCLUSION OF ADDITIONAL PROGRAMS.—Sub7 section (a) of section 2491 of title 10, United States Code, 

8 is amended— 

9 (1) by striking ‘‘Under regulations’’ and insert10 ing ‘‘(1) Under regulations’’; 

11 (2) by striking ‘‘morale, welfare, and recreation 

12 programs’’ the first place it appears and inserting 

13 ‘‘a program specified in paragraph (2)’’; 

14 (3) by striking ‘‘morale, welfare, and recreation 

15 programs’’ the second place it appears and inserting 

16 ‘‘such programs’’; and 

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

18 paragraph: 

19 ‘‘(2) This section applies with respect to the fol20 lowing: 

21 ‘‘(A) Morale, welfare, and recreation programs 

22 of the Department of Defense. 

23 ‘‘(B) Permanent change of station and tem24 porary duty lodging programs conducted as supple25 mental mission programs of the Department of De26 fense.’’. 


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1 (b) CONFORMING AMENDMENTS.—Such section is 

2 further amended— 

3 (1) in subsection (b), by striking ‘‘morale, wel4 fare, and recreation program’’ and inserting ‘‘pro5 gram specified in subsection (a)(2)’’; and 

6 (2) in subsection (c)(1), by striking ‘‘morale, 

7 welfare, and recreation programs within the Depart8 ment of Defense’’ and inserting ‘‘a program speci9 fied in subsection (a)(2)’’. 

10 (c) CLERICAL AMENDMENTS.— 

11 (1) SECTION HEADING.—The heading of such 

12 section is amended to read as follows: 

13 ‘‘§ 2491. Uniform funding and management of morale, 

14 welfare, and recreation programs and 

15 certain supplemental mission programs’’. 

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

17 at the beginning of subchapter III of chapter 147 of 

18 such title is amended by striking the item relating 

19 to section 2491 and inserting the following new 

20 item: 

‘‘2491. Uniform funding and management of morale, welfare, and recreation 

programs and certain supplemental mission programs.’’. 


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1 TITLE IV—MILITARY 

2 PERSONNEL AUTHORIZATIONS 

3 Subtitle A—Active Forces 

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

5 The Armed Forces are authorized strengths for active 

6 duty personnel as of September 30, 2013, as follows: 

7 (1) The Army, 552,100. 

8 (2) The Navy, 322,700. 

9 (3) The Marine Corps, 197,300. 

10 (4) The Air Force, 328,900. 

11 Subtitle B—Reserve Forces 

12 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

14 strengths for Selected Reserve personnel of the reserve 

15 components as of September 30, 2013, as follows: 

16 (1) The Army National Guard of the United 

17 States, 358,200. 

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

19 (3) The Navy Reserve, 62,500. 

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

21 (5) The Air National Guard of the United 

22 States, 101,600. 

23 (6) The Air Force Reserve, 70,500. 

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


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1 (b) END STRENGTH REDUCTIONS.—The end 

2 strengths prescribed by subsection (a) for the Selected Re3 serve of any reserve component shall be proportionately 

4 reduced by— 

5 (1) the total authorized strength of units orga6 nized to serve as units of the Selected Reserve of 

7 such component which are on active duty (other 

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

9 (2) the total number of individual members not 

10 in units organized to serve as units of the Selected 

11 Reserve of such component who are on active duty 

12 (other than for training or for unsatisfactory partici13 pation in training) without their consent at the end 

14 of the fiscal year. 

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

16 individual members of the Selected Reserve for any reserve 

17 component are released from active duty during any fiscal 

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

19 the Selected Reserve of such reserve component shall be 

20 increased proportionately by the total authorized strengths 

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

22 members. 


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1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

2 DUTY IN SUPPORT OF THE RESERVES. 

3 Within the end strengths prescribed in section 

4 411(a), the reserve components of the Armed Forces are 

5 authorized, as of September 30, 2013, the following num6 ber of Reserves to be serving on full-time active duty or 

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

8 Guard, for the purpose of organizing, administering, re9 cruiting, instructing, or training the reserve components: 

10 (1) The Army National Guard of the United 

11 States, 32,060. 

12 (2) The Army Reserve, 16,277. 

13 (3) The Navy Reserve, 10,114. 

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

15 (5) The Air National Guard of the United 

16 States, 14,305. 

17 (6) The Air Force Reserve, 2,888. 

18 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

19 (DUAL STATUS). 

20 The minimum number of military technicians (dual 

21 status) as of the last day of fiscal year 2013 for the re22 serve components of the Army and the Air Force (notwith23 standing section 129 of title 10, United States Code) shall 

24 be the following: 

25 (1) For the Army Reserve, 8,445. 


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

2 States, 28,380. 

3 (3) For the Air Force Reserve, 10,283. 

4 (4) For the Air National Guard of the United 

5 States, 21,101. 

6 SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUMBER OF 

7 NON-DUAL STATUS TECHNICIANS. 

8 (a) LIMITATIONS.— 

9 (1) NATIONAL GUARD.—Within the limitation 

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

11 States Code, the number of non-dual status techni12 cians employed by the National Guard as of Sep13 tember 30, 2013, may not exceed the following: 

14 (A) For the Army National Guard of the 

15 United States, 1,600. 

16 (B) For the Air National Guard of the 

17 United States, 350. 

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

19 status technicians employed by the Army Reserve as 

20 of September 30, 2013, may not exceed 595. 

21 (3) AIR FORCE RESERVE.—The number of non22 dual status technicians employed by the Air Force 

23 Reserve as of September 30, 2013, may not exceed 

24 90. 


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

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

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

4 United States Code. 

5 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU6 THORIZED TO BE ON ACTIVE DUTY FOR 

7 OPERATIONAL SUPPORT. 

8 During fiscal year 2013, the maximum number of 

9 members of the reserve components of the Armed Forces 

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

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

12 States Code, is the following: 

13 (1) The Army National Guard of the United 

14 States, 17,000. 

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

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

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

18 (5) The Air National Guard of the United 

19 States, 16,000. 

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


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1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 hereby authorized to be appropriated for military per6 sonnel for fiscal year 2013 a total of $128,430,025,000. 

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

9 any other authorization of appropriations (definite or in10 definite) for such purpose for fiscal year 2013. 

11 TITLE V—MILITARY PERSONNEL 

12 AUTHORIZATIONS 

13 Subtitle A—Officer Personnel 

14 Policy 

15 SEC. 501. EXCEPTION TO 30-YEAR RETIREMENT FOR REG16 ULAR NAVY WARRANT OFFICERS IN THE 

17 GRADE OF CHIEF WARRANT OFFICER, W–5. 

18 (a) EXCEPTION TO 30-YEAR STATUTORY RETIRE19 MENT.—Paragraph (1) of section 1305(a) of title 10, 

20 United States Code, is amended— 

21 (1) by inserting ‘‘or a regular Navy warrant of22 ficer in the grade of chief warrant officer, W–5, ex23 empted under paragraph (3)’’ after ‘‘Army warrant 

24 officer’’; and 

25 (2) by striking ‘‘he’’ and inserting ‘‘the officer’’. 


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1 (b) MODIFICATION OF STATUTORY RETIREMENT

2 FROM 30 TO 33 YEARS FOR NAVY CHIEF WARRANT OF3 FICER, W–5.—Such section is further amended by adding 

4 at the end the following new paragraph: 

5 ‘‘(3) In the case of a regular Navy warrant officer 

6 in the grade of chief warrant officer, W–5, the officer shall 

7 be retired 60 days after the date on which the officer com8 pletes 33 years of total active service.’’. 

9 SEC. 502. STANDARDIZATION OF GRADE FOR CERTAIN 

10 MEDICAL AND DENTAL BRANCH CHIEF POSI11 TIONS. 

12 (a) ARMY.— 

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

14 of title 10, United States Code, is amended by strik15 ing ‘‘major general’’ in the second sentence and in16 serting ‘‘brigadier general’’. 

17 (2) DEPUTY AND ASSISTANT CHIEFS OF

18 BRANCHES.—Section 3039(b) of such title is amend19 ed by striking ‘‘major general’’ in the last sentence 

20 and inserting ‘‘brigadier general’’. 

21 (b) NAVY.— 

22 (1) CHIEF OF DENTAL CORPS.—Section 

23 5138(a) of such title is amended by striking ‘‘not 

24 below’’ and inserting ‘‘in’’. 


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1 (2) DIRECTOR OF NURSE CORPS.—Section 

2 5150(c) of such title is amended— 

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

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

5 follows through ‘‘Service Corps’’ and inserting 

6 ‘‘rear admiral (lower half)’’; and 

7 (B) by striking the last sentence. 

8 (3) CONFORMING AMENDMENT.—Section 

9 526(a)(2) of such title is amended by striking ‘‘160’’ 

10 and inserting ‘‘161’’. 

11 (c) AIR FORCE.— 

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

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

14 in the second sentence and inserting ‘‘brigadier gen15 eral’’. 

16 (2) ASSISTANT SURGEON GENERAL FOR DEN17 TAL SERVICES.—Section 8081 of such title is 

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

19 sentence and inserting ‘‘brigadier general’’. 

20 SEC. 503. REVISION TO DEFINITION OF JOINT DUTY AS21 SIGNMENT TO INCLUDE ALL INSTRUCTOR AS22 SIGNMENTS FOR JOINT TRAINING AND EDU23 CATION. 

24 Section 668(b)(2) of title 10, United States Code, is 

25 amended by striking ‘‘assignments for joint’’ and all that 


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1 follows through ‘‘Phase II’’ and inserting ‘‘student assign2 ments for joint training and education’’. 

3 SEC. 504. EXTENSION OF TEMPORARY AUTHORITY TO RE4 DUCE MINIMUM LENGTH OF ACTIVE SERVICE 

5 AS A COMMISSIONED OFFICER REQUIRED 

6 FOR VOLUNTARY RETIREMENT AS AN OFFI7 CER. 

8 (a) ARMY.—Section 3911(b)(2) of title 10, United 

9 States Code, is amended by striking ‘‘September 30, 

10 2013’’ and inserting ‘‘September 30, 2018’’. 

11 (b) NAVY AND MARINE CORPS.—Section 

12 6323(a)(2)(B) of such title is amended by striking ‘‘Sep13 tember 30, 2013’’ and inserting ‘‘September 30, 2018’’. 

14 (c) AIR FORCE.—Section 8911(b)(2) of such title is 

15 amended by striking ‘‘September 30, 2013’’ and inserting 

16 ‘‘September 30, 2018’’. 

17 (d) TECHNICAL AMENDMENTS.—Each of the sections 

18 specified in subsections (a), (b), and (c) is further amend19 ed by striking ‘‘the date of the enactment of the Ike Skel20 ton National Defense Authorization Act for Fiscal Year 

21 2011’’ and inserting ‘‘January 7, 2011,’’. 


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1 SEC. 505. TEMPORARY INCREASE IN THE TIME-IN-GRADE 

2 RETIREMENT WAIVER LIMITATION FOR LIEU3 TENANT COLONELS AND COLONELS IN THE 

4 ARMY, AIR FORCE, AND MARINE CORPS AND 

5 COMMANDERS AND CAPTAINS IN THE NAVY. 

6 Section 1370(a)(2)(F) of title 10, United States 

7 Code, is amended— 

8 (1) by striking ‘‘December 31, 2007’’ and in9 serting ‘‘September 30, 2018’’; and 

10 (2) by striking ‘‘Air Force’’ and inserting 

11 ‘‘Army, Air Force, and Marine Corps’’. 

12 SEC. 506. MODIFICATION TO LIMITATIONS ON NUMBER OF 

13 OFFICERS FOR WHOM SERVICE-IN-GRADE RE14 QUIREMENTS MAY BE REDUCED FOR RETIRE15 MENT IN GRADE UPON VOLUNTARY RETIRE16 MENT. 

17 Section 1370(a)(2) of title 10, United States Code, 

18 is amended— 

19 (1) in subparagraph (E), by inserting ‘‘, or two, 

20 whichever is greater’’ before the period at the end; 

21 and 

22 (2) by adding at the end the following new sub23 paragraph: 

24 ‘‘(G) Notwithstanding subparagraph (E), during the 

25 period ending on September 30, 2017, the total number 

26 of brigadier generals and major generals of the Army, Air 


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1 Force, and Marine Corps, and the total number of rear 

2 admirals (lower half) and rear admirals of the Navy, for 

3 whom a reduction is made under this section during any 

4 fiscal year in the period of service-in-grade otherwise re5 quired under this paragraph— 

6 ‘‘(i) for officers of the Army, Navy, and Air 

7 Force, may not exceed five percent of the authorized 

8 active-duty strength for that fiscal year for officers 

9 of that armed force in those grades; and 

10 ‘‘(ii) for officers of the Marine Corps, may not 

11 exceed ten percent of the authorized active-duty 

12 strength for that fiscal year for officers in those 

13 grades.’’. 

14 SEC. 507. FORCE MANAGEMENT ENHANCEMENTS. 

15 (a) REINSTATEMENT OF AUTHORITY FOR EN16 HANCED SELECTIVE EARLY RETIREMENT BOARDS AND

17 EARLY DISCHARGES.—Section 638a of title 10, United 

18 States Code, is amended— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘, during the period begin21 ning on October 1, 1990,’’ and all that follows 

22 through ‘‘December 31, 2012,’’; and 

23 (B) by inserting at the end the following 

24 new sentence: ‘‘Any such authority provided the 

25 Secretary of a military department under the 


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1 preceding sentence shall expire as specified by 

2 the Secretary of Defense, but not later than 

3 December 31, 2018.’’; 

4 (2) in subsection (b), by striking paragraph (3); 

5 (3) by adding at the end of subsection (c) the 

6 following new paragraph: 

7 ‘‘(4) In the case of an action authorized under sub8 section (b)(2), the Secretary of Defense may also author9 ize the Secretary of the military department concerned to 

10 waive the five-year period specified in section 638(c) of 

11 this title if the Secretary of Defense determines that it 

12 is necessary for the Secretary of that military department 

13 to have such authority in order to meet mission needs.’’; 

14 and 

15 (4) in subsection (d)(2), by striking ‘‘except 

16 that during the period beginning on October 1, 

17 2006, and ending on December 31, 2012,’’ in sub18 paragraphs (A) and (B) and inserting ‘‘except that 

19 through December 31, 2018,’’. 

20 (b) AUTHORITY TO REDUCE YEARS OF SERVICE FOR

21 MANDATORY RETIREMENT FOR CERTAIN OFFICERS IN

22 PAY GRADES O–5 AND O–6.— 

23 (1) LIEUTENANT COLONELS AND NAVY COM24 MANDERS.—Section 633 of such title is amended by 

25 adding at the end the following new subsection: 


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1 ‘‘(c) AUTHORITY FOR EARLIER MANDATORY RETIRE2 MENT.—Under regulations prescribed by the Secretary of 

3 Defense, during the period beginning on January 1, 2013, 

4 and ending on December 31, 2018, the Secretary con5 cerned may reduce the amount of service specified in sub6 section (a) from 28 years to a period (determined by the 

7 Secretary concerned) of not less than 25 years of active 

8 commissioned service. Any such reduction under this sub9 section may not become effective before the first day of 

10 the twelfth calendar month beginning after the month in 

11 which the Secretary concerned approves and announces 

12 the reduction.’’. 

13 (2) COLONELS AND NAVY CAPTAINS.—Section 

14 634 of such title is amended by adding at the end 

15 the following new subsection: 

16 ‘‘(c) AUTHORITY FOR EARLIER MANDATORY RETIRE17 MENT.—Under regulations prescribed by the Secretary of 

18 Defense, during the period beginning on January 1, 2013, 

19 and ending on December 31, 2018, the Secretary con20 cerned may reduce the amount of service specified in sub21 section (a) from 30 years to a period (determined by the 

22 Secretary concerned) of not less than 27 years of active 

23 commissioned service. Any such reduction under this sub24 section may not become effective before the first day of 

25 the twelfth calendar month beginning after the month in 


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1 which the Secretary concerned approves and announces 

2 the reduction.’’. 

3 Subtitle B—Reserve Component 

4 Management 

5 SEC. 511. AUTHORITY FOR PERSONS WHO ARE LAWFUL 

6 PERMANENT RESIDENTS TO BE APPOINTED 

7 AS OFFICERS OF THE NATIONAL GUARD. 

8 Section 313(b)(1) of title 32, United States Code, is 

9 amended by inserting ‘‘or have been lawfully admitted to 

10 the United States for permanent residence under the Im11 migration and Nationality Act (8 U.S.C. 1101 et seq.)’’ 

12 before the semicolon. 

13 SEC. 512. PLACEMENT OF NATIONAL GUARD NON-DUAL 

14 STATUS TECHNICIANS IN THE EXCEPTED 

15 SERVICE WITH ALL DUAL STATUS NATIONAL 

16 GUARD TECHNICIANS. 

17 Section 709(e) of title 32, United States Code, is 

18 amended in the second sentence— 

19 (1) by striking ‘‘However, a position’’ and in20 serting ‘‘A position’’; and 

21 (2) by striking ‘‘if the’’ and all that follows and 

22 inserting a period. 


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1 SEC. 513. TRANSFER OF RESPONSIBILITY FOR RESERVE 

2 COMPONENT SUICIDE PREVENTION AND RE3 SILIENCE PROGRAM. 

4 (a) CODIFICATION AND EXTENSION.— 

5 (1) IN GENERAL.—Chapter 1007 of title 10, 

6 United States Code, is amended by adding at the 

7 end the following new section: 

8 ‘‘§ 10219. Suicide prevention and community healing 

9 and response program 

10 ‘‘(a) PROGRAM REQUIREMENT.—The Secretary of 

11 Defense shall carry out a program to provide National 

12 Guard and Reserve members and their families with train13 ing in suicide prevention and community healing and re14 sponse to suicide. 

15 ‘‘(b) SUICIDE PREVENTION TRAINING.—Under the 

16 program, the Secretary shall provide National Guard and 

17 Reserve members with training in suicide prevention. Such 

18 training may include— 

19 ‘‘(1) describing the warning signs for suicide 

20 and teaching effective strategies for prevention, 

21 intervention, and postvention; 

22 ‘‘(2) examining the influence of military culture 

23 on risk and protective factors for suicide; and 

24 ‘‘(3) engaging in interactive case scenarios and 

25 role plays to practice effective intervention strate26 gies. 


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1 ‘‘(c) COMMUNITY HEALING AND RESPONSE TRAIN2 ING (POSTVENTION).—Under the program, the Secretary 

3 shall provide the families and communities of National 

4 Guard and Reserve members with training in responses 

5 to suicide that promote individual and community healing. 

6 Such training may include— 

7 ‘‘(1) enhancing collaboration among community 

8 members and local service providers to create an in9 tegrated, coordinated community response to suicide; 

10 ‘‘(2) communicating best practices for pre11 venting suicide, including safe messaging, appro12 priate memorial services, and media guidelines; 

13 ‘‘(3) addressing the impact of suicide on the 

14 military and the larger community, and the in15 creased risk that can result; and 

16 ‘‘(4) managing resources to assist key commu17 nity and military service providers in helping the 

18 families, friends, and fellow servicemembers of a sui19 cide victim through the processes of grieving and 

20 healing. 

21 ‘‘(d) COMMUNITY TRAINING ASSISTANCE.—The pro22 gram shall include the provision of assistance with such 

23 training to the local communities of those members and 

24 families, to be provided in coordination with local commu25 nity programs. 


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1 ‘‘(e) COLLABORATION.—The Secretary shall collect 

2 and analyze ‘lessons learned’ and suggestions from State 

3 National Guard and Reserve organizations with existing 

4 or developing suicide prevention and community response 

5 programs. 

6 ‘‘(f) TERMINATION.—The program under this section 

7 shall terminate on October 1, 2015.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of such chapter is amended 

10 by adding at the end the following new item: 

‘‘10219. Suicide prevention and community healing and response program.’’. 

11 (b) REPEAL OF SUPERSEDED PROVISION.—Sub12 section (i) of section 582 of the National Defense Author13 ization Act for Fiscal Year 2008 (10 U.S.C. 10101 note) 

14 is repealed. 

15 SEC. 514. AUTHORITY FOR SERVICE COMMITMENT FOR RE16 SERVISTS WHO ACCEPT FELLOWSHIPS, 

17 SCHOLARSHIPS, OR GRANTS TO BE PER18 FORMED IN THE SELECTED RESERVE. 

19 (a) IN GENERAL.—Section 2603(b) of title 10, 

20 United States Code, is amended by inserting ‘‘(or in the 

21 case of a member of the Selected Reserve, on active duty 

22 or in the Selected Reserve as specified in the agreement)’’ 

23 after ‘‘active duty’’. 

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

25 subsection (a) shall apply to agreements entered into 


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1 under section 2603(b) of title 10, United States Code, 

2 after the date of the enactment of this Act. 

3 SEC. 515. PILOT PROGRAM TO ALLOW ESTABLISHMENT OF 

4 ACTIVE STATUS AND INACTIVE STATUS LISTS 

5 OF MEMBERS IN THE INACTIVE NATIONAL 

6 GUARD. 

7 (a) AUTHORITY TO MAINTAIN ACTIVE AND INACTIVE

8 STATUS LISTS IN THE INACTIVE NATIONAL GUARD.— 

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

10 by adding at the end the following new subsection: 

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

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

13 an inactive status list of members in the inactive Army 

14 National Guard and the inactive Air National Guard, re15 spectively. 

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

17 Air National Guard members, combined, on the active sta18 tus lists and the inactive status lists assigned to the inac19 tive National Guard may not exceed 10,000 during any 

20 period. 

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

22 Air National Guard members, combined, on the active sta23 tus lists of the inactive National Guard may not exceed 

24 4,000 during any period. 


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

2 the close of December 31, 2015.’’. 

3 (b) TWO-WAY TRANSFERS OF MEMBERS FORMERLY

4 ENLISTED IN INACTIVE NATIONAL GUARD.—Subsection 

5 (b) of such section is amended— 

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

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

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

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

10 of the second sentence and inserting ‘‘Except as pro11 vided in paragraph (2) and under such’’; and 

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

13 paragraph: 

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

15 enactment of this paragraph and ending on December 31, 

16 2015, an enlisted member of the active Army National 

17 Guard may be transferred to the inactive Army National 

18 Guard without regard to whether the member was for19 merly enlisted in the inactive Army National Guard and 

20 an enlisted member of the active Air National Guard may 

21 be transferred to the inactive Air National Guard without 

22 regard to whether the member was formerly enlisted in 

23 the inactive Air National Guard.’’. 

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

25 101(d)(4) of title 10, United States Code, is amended by 


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

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

3 the United States during any period during which there 

4 is an inactive status list for the inactive Army National 

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

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

7 inactive status list of the inactive Army National Guard, 

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

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

10 of the United States during any period during which there 

11 is an inactive status list for the inactive Air National 

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

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

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

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

16 (d) MEMBERS IN INACTIVE STATUS; TRAINING CAT17 EGORIES.—Section 10141 of such title is amended by add18 ing at the end the following new subsection: 

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

20 inactive status list for the inactive Army National Guard 

21 under section 303(d) of title 32— 

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

23 apply only with respect to Reserves assigned to the 

24 inactive Army National Guard who are assigned to 

25 the inactive status list; and 


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

2 of the United States under the first sentence of sub3 section (c) shall be inapplicable. 

4 ‘‘(2) During any period during which there is an inac5 tive status list for the inactive Air National Guard under 

6 section 303(d) of title 32— 

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

8 apply only with respect to Reserves assigned to the 

9 inactive Air National Guard who are assigned to the 

10 inactive status list; and 

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

12 the United States under the first sentence of sub13 section (c) shall be inapplicable.’’. 

14 (e) COMPUTATION OF YEARS OF SERVICE FOR ENTI15 TLEMENT TO RETIRED PAY.—Paragraph (3) of section 

16 12732(b) of such title is amended to read as follows: 

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

18 any period other than a period during which there 

19 is an inactive status list for the inactive National 

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

21 while assigned to the inactive status list of the inac22 tive National Guard (for any period during which 

23 there is an inactive status list for the inactive Na24 tional Guard under section 303(d) of title 32).’’. 


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1 (f) ELIGIBILITY FOR INACTIVE-DUTY TRAINING

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

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

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

5 is an inactive status list for the inactive National Guard 

6 under section 303(d) of title 32, the limitation in the pre7 ceding sentence shall be applicable to persons assigned to 

8 the inactive status list of the inactive National Guard, 

9 rather than to persons enlisted in the inactive National 

10 Guard.’’. 

11 (g) REPORTING REQUIRED.— 

12 (1) IN GENERAL.—For each fiscal year during 

13 which there is an inactive status list for the inactive 

14 National Guard under section 303(d) of title 32, the 

15 Secretary of the Army and the Secretary of the Air 

16 Force, respectively, shall submit to the Committees 

17 on Armed Services of the Senate and House of Rep18 resentatives a report detailing service in the active 

19 status of the inactive National Guard. 

20 (2) MATTERS COVERED.—Reports under this 

21 subsection shall cover the following: 

22 (A) For each member transferred into the 

23 active status of the inactive National Guard, 

24 the member’s— 

25 (i) rank; 


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1 (ii) years of service; 

2 (iii) military occupational specialty; 

3 (iv) date of transfer to the active sta4 tus list of the inactive National Guard; 

5 (v) date of entry, if applicable, into 

6 the Integrated Disability Evaluation Sys7 tem; 

8 (vi) date of exit, if applicable, from 

9 the Integrated Disability Evaluation Sys10 tem; 

11 (vii) date of separation from the Na12 tional Guard, if applicable; and 

13 (viii) number of retirement points 

14 earned. 

15 (B) For each member enlisting in or trans16 ferring to the Selected Reserve to fill a National 

17 Guard vacancy created by another person’s 

18 transfer to the active status list of the inactive 

19 National Guard, the member’s— 

20 (i) date of entry into the National 

21 Guard; 

22 (ii) rank; 

23 (iii) military occupational specialty; 

24 (iv) prior service, if any, in the active 

25 component or the Selected Reserve; 


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1 (v) participation in training (as well 

2 as the length of the training), including 

3 any specialized or leadership training, to 

4 facilitate the transfer to the Selected Re5 serve; 

6 (vi) monetary incentives, if any, and 

7 the period of any corresponding service ob8 ligation, received for enlisting in or trans9 ferring to the Selected Reserve; 

10 (vii) first period of inactive duty train11 ing; and 

12 (viii) first period of annual training. 

13 SEC. 516. REINSTATEMENT OF TEMPORARY SPECIAL RE14 TIREMENT QUALIFICATION AUTHORITY FOR 

15 RESERVE COMPONENT MEMBERS OF THE AIR 

16 NATIONAL GUARD OF THE UNITED STATES 

17 WITH 15 YEARS OF QUALIFYING SERVICE. 

18 (a) REINSTATEMENT OF AUTHORITY.—Subsection 

19 (a)(1) of section 12731a of title 10, United States Code, 

20 is amended— 

21 (1) in subparagraph (A), by striking ‘‘October 

22 1, 1991,’’ and inserting ‘‘the first day of a period 

23 described in subsection (b) that is applicable to that 

24 member’’; and 


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1 (2) in subparagraph (B), by striking ‘‘after that 

2 date and before the end of the period described in 

3 subsection (b)’’ and inserting ‘‘during a period de4 scribed in subsection (b) that is applicable to that 

5 member’’. 

6 (b) PERIOD OF AUTHORITY.—Subsection (b) of such 

7 section is amended to read as follows: 

8 ‘‘(b) PERIOD OF AUTHORITY.—A period referred to 

9 in subsection (a)(1) is any of the following: 

10 ‘‘(1) With respect to any member of the Se11 lected Reserve of a reserve component, the period 

12 beginning on October 23, 1992, and ending on De13 cember 31, 2001. 

14 ‘‘(2) With respect to a member of the Selected 

15 Reserve of the Air National Guard of the United 

16 States, the period beginning on October 1, 2012, 

17 and ending on December 31, 2018.’’. 

18 Subtitle C—Education and 

19 Training 

20 SEC. 521. INCLUSION OF THE SCHOOL OF ADVANCED MILI21 TARY STUDIES SENIOR LEVEL COURSE AS A 

22 SENIOR LEVEL SERVICE SCHOOL. 

23 Section 2151(b)(1) of title 10, United States Code, 

24 is amended by adding at the end the following new sub25 paragraph: 


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1 ‘‘(E) The United States Army Command 

2 and General Staff College’s School of Advanced 

3 Military Studies Senior Level Course.’’. 

4 SEC. 522. SUPPORT OF NAVAL ACADEMY ATHLETIC PRO5 GRAMS. 

6 (a) IN GENERAL.—Chapter 603 of title 10, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 6981. Support of athletic and physical fitness pro10 grams 

11 ‘‘(a) AUTHORITY.— 

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

13 may enter into agreements, including cooperative 

14 agreements (as described in section 6305 of title 

15 31), with the association to manage any aspect of 

16 the athletic and physical fitness programs of the 

17 Naval Academy. 

18 ‘‘(2) ASSOCIATION DEFINED.—In this section, 

19 the term ‘association’ means the Naval Academy 

20 Athletic Association and its successors and assigns. 

21 ‘‘(b) AUTHORITY TO PROVIDE SUPPORT TO ASSOCIA22 TION.— 

23 ‘‘(1) AUTHORITY TO TRANSFER FUNDS TO THE

24 ASSOCIATION.—The Secretary may transfer funds to 

25 the association to pay expenses incurred by the assoVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 ciation in managing the athletic and physical fitness 

2 programs of the Naval Academy. 

3 ‘‘(2) AUTHORITY TO PROVIDE OTHER SUP4 PORT.—The Secretary may provide personal prop5 erty and the services of members of the naval service 

6 and civilian personnel of the Department of the 

7 Navy to assist the association in managing the ath8 letic and physical fitness programs of the Naval 

9 Academy. 

10 ‘‘(c) ACCEPTANCE OF GIFTS FROM THE ASSOCIA11 TION.—The Secretary may accept from the association 

12 funds, supplies, and services for the support of the athletic 

13 and physical fitness programs of the Naval Academy. 

14 ‘‘(d) RECEIPT AND RETENTION OF FUNDS.— 

15 ‘‘(1) FUNDS RECEIVED FROM THE ASSOCIA16 TION.—The Secretary may receive from the associa17 tion funds generated by the athletic and physical fit18 ness programs of the Naval Academy and any other 

19 activity of the association and to retain and use such 

20 funds to further the mission of the Naval Academy. 

21 Receipt and retention of such funds shall be subject 

22 to oversight by the Secretary of the Navy. 

23 ‘‘(2) FUNDS RECEIVED FROM NCAA.—The Sec24 retary may accept, use, and retain funds from the 

25 National Collegiate Athletic Association and to 


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1 transfer all or part of those funds to the association 

2 for the support of the athletic and physical fitness 

3 programs of the Naval Academy. 

4 ‘‘(3) USER FEES.—The Secretary may charge 

5 user fees to the association for the association’s use 

6 of Naval Academy facilities for the conduct of sum7 mer athletic camps. Fees collected under this sub8 section may be retained for use in support of the 

9 Naval Academy athletic program and shall remain 

10 available until expended. 

11 ‘‘(e) LICENSING, MARKETING, AND SPONSORSHIP

12 AGREEMENTS.—The Secretary may enter into an agree13 ment with the association authorizing the association to 

14 represent the Department of the Navy in connection with 

15 licensing, marketing, and sponsorship agreements relating 

16 to trademarks and service marks identifying the Naval 

17 Academy, to the extent authorized by the Chief of Naval 

18 Research and in accordance with sections 2260 and 5022 

19 of this title. Notwithstanding section 2260(d) of this title, 

20 any funds generated by the licensing, marketing, and 

21 sponsorship under such agreement may be accepted, used, 

22 and be retained by the Secretary of the Navy or trans23 ferred by the Secretary to the association for the athletic 

24 and physical fitness programs of the Naval Academy. 


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1 ‘‘(f) AUTHORIZED SERVICE ON BOARD OF DIREC2 TORS.—The Secretary may authorize members of the 

3 naval service and civilian personnel of the Department of 

4 the Navy to serve in accordance with sections 1033 and 

5 1589 of this title as members of the governing board of 

6 the association. 

7 ‘‘(g) CONDITIONS.—The authority provided in this 

8 section with respect to the association is available only so 

9 long as the association continues to— 

10 ‘‘(1) qualify as a nonprofit organization under 

11 section 501(c)(3) of the Internal Revenue Code of 

12 1986 and operates in accordance with this section, 

13 the laws of the State of Maryland, and the constitu14 tion and bylaws of the association; and 

15 ‘‘(2) operate exclusively to support the athletic 

16 and physical fitness programs of the Naval Acad17 emy.’’. 

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

19 at the beginning of such chapter is amended by adding 

20 at the end the following new item: 

‘‘6981. Support of athletic and physical fitness programs.’’. 


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1 SEC. 523. MODIFICATION OF ELIGIBILITY FOR ASSOCIATE 

2 DEGREE PROGRAMS UNDER THE COMMU3 NITY COLLEGE OF THE AIR FORCE. 

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

5 amended by adding at the end the following new para6 graph: 

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

8 other than the Air Force participating in joint-serv9 ice medical training and education or who are serv10 ing as instructors in such joint-service medical train11 ing and education.’’. 

12 SEC. 524. REPEAL OF REQUIREMENT THAT AT LEAST 50 

13 PERCENT OF PARTICIPANTS IN SENIOR RE14 SERVE OFFICERS’ TRAINING CORPS PRO15 GRAM BE ELIGIBLE FOR IN-STATE TUITION. 

16 Section 2107 of title 10, United States Code, is 

17 amended by striking the third sentence of subsection 

18 (c)(1). 

19 SEC. 525. CONSOLIDATION OF MILITARY DEPARTMENT AU20 THORITY TO ISSUE ARMS, TENTAGE, AND 

21 EQUIPMENT TO EDUCATIONAL INSTITUTIONS 

22 NOT MAINTAINING UNITS OF JUNIOR ROTC. 

23 (a) CONSOLIDATION.—Chapter 152 of title 10, 

24 United States Code, is amended by inserting after section 

25 2552 the following new section: 


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1 ‘‘§ 2552a. Arms, tentage, and equipment: educational 

2 institutions not maintaining units of Jun3 ior ROTC 

4 ‘‘The Secretary of a military department may issue 

5 arms, tentage, and equipment to an educational institution 

6 at which no unit of the Junior Reserve Officers’ Training 

7 Corps is maintained if the educational institution— 

8 ‘‘(1) offers a course in military training pre9 scribed by that Secretary; and 

10 ‘‘(2) has a student body of at least 50 students 

11 who are in a grade above the eighth grade.’’. 

12 (b) CONFORMING REPEALS.—Sections 4651, 7911, 

13 and 9651 of such title are repealed. 

14 (c) CLERICAL AMENDMENTS.— 

15 (1) The table of sections at the beginning of 

16 chapter 152 of such title is amended by inserting 

17 after the item relating to section 2552 the following 

18 new item: 

‘‘2552a. Arms, tentage, and equipment: educational institutions not maintaining 

units of Junior ROTC.’’. 

19 (2) The table of sections at the beginning of 

20 chapter 441 of such title is amended by striking the 

21 item relating to section 4651. 

22 (3) The table of sections at the beginning of 

23 chapter 667 of such title is amended by striking the 

24 item relating to section 7911. 


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1 (4) The table of sections at the beginning of 

2 chapter 941 of such title is amended by striking the 

3 item relating to section 9651. 

4 Subtitle D—Defense Dependents 

5 Education 

6 SEC. 531. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM 

7 FROM DEPARTMENT OF EDUCATION TO DE8 PARTMENT OF DEFENSE AND ENHANCE9 MENTS TO THE PROGRAM. 

10 (a) TRANSFER OF FUNCTIONS.— 

11 (1) TRANSFER.—The responsibility and author12 ity for operation and administration of the Troops13 to-Teachers Program in chapter A of subpart 1 of 

14 part C of title II of the Elementary and Secondary 

15 Education Act of 1965 (20 U.S.C. 6671 et seq.) is 

16 transferred from the Secretary of Education to the 

17 Secretary of Defense. 

18 (2) EFFECTIVE DATE.—The transfer under 

19 paragraph (1) shall take effect on the first day of 

20 the first month beginning more than 180 days after 

21 the date of the enactment of this Act, or on such 

22 earlier date as the Secretary of Education and the 

23 Secretary of Defense may jointly provide. 

24 (b) ENACTMENT OF PROGRAM AUTHORITY IN TITLE

25 10, UNITED STATES CODE.— 


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1 (1) IN GENERAL.—Chapter 58 of title 10, 

2 United States Code, is amended by adding at the 

3 end the following new section: 

4 ‘‘§ 1154. Assistance to eligible members and former 

5 members to obtain employment as teach6 ers: Troops-to-Teachers Program 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) PROGRAM.—The term ‘Program’ means 

9 the Troops-to-Teachers Program authorized by this 

10 section. 

11 ‘‘(2) MEMBER OF THE ARMED FORCES.—The 

12 term ‘member of the armed forces’ includes a former 

13 member of the armed forces. 

14 ‘‘(3) CHARTER SCHOOL.—The term ‘charter 

15 school’ has the meaning given that term in section 

16 5210(1) of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 7221i(1)). 

18 ‘‘(4) ELIGIBLE SCHOOL.—The term ‘eligible 

19 school’ means— 

20 ‘‘(A) A public school, including a charter 

21 school, at which— 

22 ‘‘(i) at least 30 percent of the stu23 dents enrolled in the school are from fami24 lies with incomes below 185 percent of pov25 erty level (as defined by the Office of ManVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 agement and Budget and revised at least 

2 annually in accordance with section 9(b)(1) 

3 of the Richard B. Russell National School 

4 Lunch Act) applicable to a family of the 

5 size involved; or 

6 ‘‘(ii) at least 13 percent of the stu7 dents enrolled in the school qualify for as8 sistance under part B of the Individuals 

9 with Disabilities Education Act; or 

10 ‘‘(B) a Bureau-funded school as defined in 

11 section 1141(3) of the Education Amendments 

12 of 1978 (25 U.S.C. 2021(3)). 

13 ‘‘(5) HIGH-NEED SCHOOL.—The term ‘high14 need school’ means— 

15 ‘‘(A) an elementary or middle school in 

16 which at least 50 percent of the enrolled stu17 dents are children from low-income families, 

18 based on the number of children eligible for free 

19 and reduced priced lunches under the Richard 

20 B. Russell National School Lunch Act, the 

21 number of children in families receiving assist22 ance under the State program funded under 

23 part A of title IV of the Social Security Act, the 

24 number of children eligible to receive medical 


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1 assistance under the Medicaid program, or a 

2 composite of these indicators; 

3 ‘‘(B) a high school in which at least 40 

4 percent of enrolled students are children from 

5 low-income families, which may be calculated 

6 using comparable data from feeder schools; or 

7 ‘‘(C) a school that is in a local educational 

8 agency that is eligible under section 6211(b) of 

9 the Elementary and Secondary Education Act 

10 of 1965. 

11 ‘‘(6) ADDITIONAL TERMS.—The terms ‘elemen12 tary school’, ‘highly qualified teacher’, ‘local edu13 cational agency’, ‘secondary school’, and ‘State’ have 

14 the meanings given those terms in section 9101 of 

15 the Elementary and Secondary Education Act of 

16 1965 (20 U.S.C. 7801). 

17 ‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of 

18 Defense (hereinafter in this section referred to as the ‘Sec19 retary’) may carry out a program (to be known as the 

20 ‘Troops-to-Teachers Program’)— 

21 ‘‘(1) to assist eligible members of the armed 

22 forces described in subsection (d) to obtain certifi23 cation or licensing as elementary school teachers, 

24 secondary school teachers, or career or technical 


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1 teachers, and to become highly qualified teachers; 

2 and 

3 ‘‘(2) to facilitate the employment of such mem4 bers— 

5 ‘‘(A) by local educational agencies or char6 ter schools that the Secretary of Education 

7 identifies as— 

8 ‘‘(i) receiving grants under part A of 

9 title I of the Elementary and Secondary 

10 Education Act of 1965 (20 U.S.C. 6301 et 

11 seq.) as a result of having within their ju12 risdictions concentrations of children from 

13 low-income families; or 

14 ‘‘(ii) experiencing a shortage of highly 

15 qualified teachers, in particular a shortage 

16 of highly qualified science, mathematics, 

17 special education, foreign language, or ca18 reer or technical teachers; and 

19 ‘‘(B) in elementary schools or secondary 

20 schools, or as career or technical teachers. 

21 ‘‘(c) COUNSELING AND REFERRAL SERVICES.—The 

22 Secretary may provide counseling and referral services to 

23 members of the armed forces who do not meet the criteria 

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1 cation qualification requirements under subsection 

2 (d)(3)(B). 

3 ‘‘(d) ELIGIBILITY AND APPLICATION PROCESS.— 

4 ‘‘(1) ELIGIBLE MEMBERS.—The following mem5 bers of the armed forces are eligible for selection to 

6 participate in the Program: 

7 ‘‘(A) Any member who— 

8 ‘‘(i) on or after October 1, 1999, be9 comes entitled to retired or retainer pay 

10 under this title or title 14; 

11 ‘‘(ii) has an approved date of retire12 ment that is within one year after the date 

13 on which the member submits an applica14 tion to participate in the Program; or 

15 ‘‘(iii) has been transferred to the Re16 tired Reserve. 

17 ‘‘(B) Any member who, on or after Janu18 ary 8, 2002— 

19 ‘‘(i)(I) is separated or released from 

20 active duty after four or more years of con21 tinuous active duty immediately before the 

22 separation or release; or 

23 ‘‘(II) has completed a total of at least 

24 six years of active duty service, six years of 

25 service computed under section 12732 of 


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1 this title, or six years of any combination 

2 of such service; and 

3 ‘‘(ii) executes a reserve commitment 

4 agreement for a period of not less than 

5 three years under paragraph (5)(B). 

6 ‘‘(C) Any member who, on or after Janu7 ary 8, 2002, is retired or separated for physical 

8 disability under chapter 61 of this title. 

9 ‘‘(2) SUBMISSION OF APPLICATIONS.—(A) Se10 lection of eligible members of the armed forces to 

11 participate in the Program shall be made on the 

12 basis of applications submitted to the Secretary 

13 within the time periods specified in subparagraph 

14 (B). An application shall be in such form and con15 tain such information as the Secretary may require. 

16 ‘‘(B) An application shall be considered to be 

17 submitted on a timely basis under subparagraph 

18 (A)(i), (B), or (C) of paragraph (1) if the applica19 tion is submitted not later than three years after the 

20 date on which the member is retired, separated, or 

21 released from active duty, whichever applies to the 

22 member. 

23 ‘‘(3) SELECTION CRITERIA; EDUCATIONAL

24 BACKGROUND REQUIREMENTS AND HONORABLE

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1 graphs (B) and (C), the Secretary shall prescribe 

2 the criteria to be used to select eligible members of 

3 the armed forces to participate in the Program. 

4 ‘‘(B)(i) If a member of the armed forces is ap5 plying for assistance for placement as an elementary 

6 school or secondary school teacher, the Secretary 

7 shall require the member to have received a bacca8 laureate or advanced degree from an accredited in9 stitution of higher education. 

10 ‘‘(ii) If a member of the armed forces is apply11 ing for assistance for placement as a career or tech12 nical teacher, the Secretary shall require the mem13 ber— 

14 ‘‘(I) to have received the equivalent of one 

15 year of college from an accredited institution of 

16 higher education or the equivalent in military 

17 education and training as certified by the De18 partment of Defense; or 

19 ‘‘(II) to otherwise meet the certification or 

20 licensing requirements for a career or technical 

21 teacher in the State in which the member seeks 

22 assistance for placement under the Program. 

23 ‘‘(C) A member of the armed forces is eligible 

24 to participate in the Program only if the member’s 

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1 able, as characterized by the Secretary concerned. A 

2 member selected to participate in the Program be3 fore the retirement of the member or the separation 

4 or release of the member from active duty may con5 tinue to participate in the Program after the retire6 ment, separation, or release only if the member’s 

7 last period of service is characterized as honorable 

8 by the Secretary concerned. 

9 ‘‘(4) SELECTION PRIORITIES.—In selecting eli10 gible members of the armed forces to receive assist11 ance under the Program, the Secretary— 

12 ‘‘(A) shall give priority to members who— 

13 ‘‘(i) have educational or military expe14 rience in science, mathematics, special edu15 cation, foreign language, or career or tech16 nical subjects; and 

17 ‘‘(ii) agree to seek employment as 

18 science, mathematics, foreign language, or 

19 special education teachers in elementary 

20 schools or secondary schools or in other 

21 schools under the jurisdiction of a local 

22 educational agency; and 

23 ‘‘(B) may give priority to members who 

24 agree to seek employment in a high-need school. 

25 ‘‘(5) OTHER CONDITIONS ON SELECTION.— 


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1 ‘‘(A) The Secretary may not select an eligi2 ble member of the armed forces to participate 

3 in the Program and receive financial assistance 

4 unless the Secretary has sufficient appropria5 tions for the Program available at the time of 

6 the selection to satisfy the obligations to be in7 curred by the United States under subsection 

8 (e) with respect to the member. 

9 ‘‘(B) The Secretary may not select an eli10 gible member of the armed forces described in 

11 paragraph (1)(B)(i) to participate in the Pro12 gram under this section and receive financial 

13 assistance under subsection (e) unless the mem14 ber executes a written agreement to serve as a 

15 member of the Selected Reserve of a reserve 

16 component of the armed forces for a period of 

17 not less than three years. 

18 ‘‘(e) PARTICIPATION AGREEMENT AND FINANCIAL

19 ASSISTANCE.— 

20 ‘‘(1) PARTICIPATION AGREEMENT.—(A) An eli21 gible member of the armed forces selected to partici22 pate in the Program under subsection (b) and re23 ceive financial assistance under this subsection shall 

24 be required to enter into an agreement with the Sec25 retary in which the member agrees— 


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1 ‘‘(i) within such time as the Secretary may 

2 require, to obtain certification or licensing as an 

3 elementary school teacher, secondary school 

4 teacher, or career or technical teacher, and to 

5 become a highly qualified teacher; and 

6 ‘‘(ii) to accept an offer of full-time employ7 ment as an elementary school teacher, sec8 ondary school teacher, or career or technical 

9 teacher for not less than three school years in 

10 an eligible school to begin the school year after 

11 obtaining that certification or licensing. 

12 ‘‘(B) The Secretary may waive the three-year 

13 commitment described in subparagraph (A)(ii) for a 

14 participant if the Secretary determines such waiver 

15 to be appropriate. If the Secretary provides the 

16 waiver, the participant shall not be considered to be 

17 in violation of the agreement and shall not be re18 quired to provide reimbursement under subsection 

19 (f), for failure to meet the three-year commitment. 

20 ‘‘(2) VIOLATION OF PARTICIPATION AGREE21 MENT; EXCEPTIONS.—A participant in the Program 

22 shall not be considered to be in violation of the par23 ticipation agreement entered into under paragraph 

24 (1) during any period in which the participant— 


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1 ‘‘(A) is pursuing a full-time course of 

2 study related to the field of teaching at an in3 stitution of higher education; 

4 ‘‘(B) is serving on active duty as a member 

5 of the armed forces; 

6 ‘‘(C) is temporarily totally disabled for a 

7 period of time not to exceed three years as es8 tablished by sworn affidavit of a qualified physi9 cian; 

10 ‘‘(D) is unable to secure employment for a 

11 period not to exceed 12 months by reason of the 

12 care required by a spouse who is disabled; 

13 ‘‘(E) is a highly qualified teacher who is 

14 seeking and unable to find full-time employ15 ment as a teacher in an elementary school or 

16 secondary school or as a career or technical 

17 teacher for a single period not to exceed 27 

18 months; or 

19 ‘‘(F) satisfies the provisions of additional 

20 reimbursement exceptions that may be pre21 scribed by the Secretary. 

22 ‘‘(3) STIPEND AND BONUS FOR PARTICI23 PANTS.—(A) Subject to subparagraph (C), the Sec24 retary may pay to a participant in the Program se25 lected under this section a stipend to cover expenses 


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1 incurred by the participant to obtain the required 

2 educational level, certification or licensing. Such sti3 pend may not exceed $5,000 and may vary by par4 ticipant. 

5 ‘‘(B) Subject to subparagraph (C), the Sec6 retary may pay a bonus of up to $10,000 to a par7 ticipant in the Program selected under this section 

8 who agrees in the participation agreement under 

9 paragraph (1) to become a highly qualified teacher 

10 and to accept full-time employment as an elementary 

11 school teacher, secondary school teacher, or career 

12 or technical teacher for not less than three school 

13 years in a high-need school. Such bonus may vary by 

14 participant and may take into account the priority 

15 placements as determined by the Secretary. 

16 ‘‘(C)(i) The total number of stipends that may 

17 be paid under subparagraph (A) in any fiscal year 

18 may not exceed 5,000. 

19 ‘‘(ii) The total number of bonuses that may be 

20 paid under subparagraph (B) in any fiscal year may 

21 not exceed 3,000. 

22 ‘‘(iii) The combination of stipend and bonus for 

23 any one participant may not exceed $10,000. 

24 ‘‘(4) TREATMENT OF STIPEND AND BONUS.—A 

25 stipend or bonus paid under this subsection to a 


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1 participant in the Program shall be taken into ac2 count in determining the eligibility of the participant 

3 for Federal student financial assistance provided 

4 under title IV of the Higher Education Act of 1965 

5 (20 U.S.C. 1070 et seq.). 

6 ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR7 CUMSTANCES.— 

8 ‘‘(1) REIMBURSEMENT REQUIRED.—A partici9 pant in the Program who is paid a stipend or bonus 

10 under this subsection shall be required to repay the 

11 stipend or bonus under the following circumstances: 

12 ‘‘(A) The participant fails to obtain teach13 er certification or licensing, to become a highly 

14 qualified teacher, or to obtain employment as 

15 an elementary school teacher, secondary school 

16 teacher, or career or technical teacher as re17 quired by the participation agreement under 

18 subsection (e)(1). 

19 ‘‘(B) The participant voluntarily leaves, or 

20 is terminated for cause from, employment as an 

21 elementary school teacher, secondary school 

22 teacher, or career or technical teacher during 

23 the three years of required service in violation 

24 of the participation agreement. 


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1 ‘‘(C) The participant executed a written 

2 agreement with the Secretary concerned under 

3 subsection (d)(5)(B) to serve as a member of a 

4 reserve component of the armed forces for a pe5 riod of three years and fails to complete the re6 quired term of service. 

7 ‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici8 pant required to reimburse the Secretary for a sti9 pend or bonus paid to the participant under sub10 section (e) shall pay an amount that bears the same 

11 ratio to the amount of the stipend or bonus as the 

12 unserved portion of required service bears to the 

13 three years of required service. Any amount owed by 

14 the participant shall bear interest at the rate equal 

15 to the highest rate being paid by the United States 

16 on the day on which the reimbursement is deter17 mined to be due for securities having maturities of 

18 90 days or less and shall accrue from the day on 

19 which the participant is first notified of the amount 

20 due. 

21 ‘‘(3) TREATMENT OF OBLIGATION.—The obliga22 tion to reimburse the Secretary under this sub23 section is, for all purposes, a debt owing the United 

24 States. A discharge in bankruptcy under title 11 


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1 shall not release a participant from the obligation to 

2 reimburse the Secretary under this subsection. 

3 ‘‘(4) EXCEPTIONS TO REIMBURSEMENT RE4 QUIREMENT.—A participant shall be excused from 

5 reimbursement under this subsection if the partici6 pant becomes permanently totally disabled as estab7 lished by sworn affidavit of a qualified physician. 

8 The Secretary may also waive the reimbursement in 

9 cases of extreme hardship to the participant, as de10 termined by the Secretary. 

11 ‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

12 UNDER MONTGOMERY GI BILL.—The receipt by a partic13 ipant in the Program of a stipend or bonus under this 

14 subsection (e) shall not reduce or otherwise affect the enti15 tlement of the participant to any benefits under chapter 

16 30 or 33 of title 38 or chapter 1606 of this title. 

17 ‘‘(h) PARTICIPATION BY STATES.— 

18 ‘‘(1) DISCHARGE OF STATE ACTIVITIES

19 THROUGH CONSORTIA OF STATES.—The Secretary 

20 may permit States participating in the Program to 

21 carry out activities authorized for such States under 

22 the Program through one or more consortia of such 

23 States. 

24 ‘‘(2) ASSISTANCE TO STATES.—(A) Subject to 

25 subparagraph (B), the Secretary may make grants 


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1 to States participating in the Program, or to con2 sortia of such States, in order to permit such States 

3 or consortia of States to operate offices for purposes 

4 of recruiting eligible members of the armed forces 

5 for participation in the Program and facilitating the 

6 employment of participants in the Program as ele7 mentary school teachers, secondary school teachers, 

8 and career or technical teachers. 

9 ‘‘(B) The total amount of grants made under 

10 subparagraph (A) in any fiscal year may not exceed 

11 $5,000,000.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended 

14 by adding at the end the following new item: 

‘‘1154. Assistance to eligible members and former members to obtain employment as teachers: Troops-to-Teachers Program.’’. 

15 (c) CONFORMING AMENDMENT.—Section 

16 1142(b)(4)(C) of such title is amended by striking ‘‘under 

17 sections 1152 and 1153 of this title and the Troops-to18 Teachers Program under section 2302 of the Elementary 

19 and Secondary Education Act of 1965 (20 U.S.C. 6672)’’ 

20 and inserting ‘‘under sections 1152, 1153, and 1154 of 

21 this title’’. 

22 (d) TERMINATION OF ORIGINAL PROGRAM.— 

23 (1) TERMINATION.— 


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1 (A) Chapter A of subpart 1 of Part C of 

2 title II of the Elementary and Secondary Edu3 cation Act of 1965 (20 U.S.C. 6671 et seq.) is 

4 repealed. 

5 (B) The table of contents in section 2 of 

6 Part I of the Elementary and Secondary Edu7 cation Act 1965 is amended by striking the 

8 items relating to such chapter. 

9 (2) EXISTING AGREEMENTS.—The repeal of 

10 chapter A of subpart 1 of Part C of title II of the 

11 Elementary and Secondary Education Act of 1965 

12 (20 U.S.C. 6671 et seq.) by paragraph (1)(A) shall 

13 not affect the validity or terms of any agreement en14 tered into before the date of the enactment of this 

15 Act under such chapter, or to pay assistance, make 

16 grants, or obtain reimbursement in connection with 

17 such an agreement as in effect before such repeal. 

18 (e) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the effective date of the 

20 transfer under subsection (a). 


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1 SEC. 532. MODIFICATION OF AUTHORITY TO ALLOW DE2 PARTMENT OF DEFENSE DOMESTIC DEPEND3 ENT ELEMENTARY AND SECONDARY 

4 SCHOOLS TO ENROLL CERTAIN STUDENTS. 

5 Section 2164 of title 10, United States Code, is 

6 amended by inserting at the end the following new sub7 sections: 

8 ‘‘(k) TUITION-FREE ENROLLMENT FOR DEPEND9 ENTS OF DOMESTIC DEPENDENT ELEMENTARY AND SEC10 ONDARY SCHOOLS.—Tuition-free enrollment in the do11 mestic dependent elementary and secondary schools is au12 thorized for dependents who are currently enrolled in the 

13 defense dependents’ education school system pursuant to 

14 the Defense Dependents’ Education Act of 1978, as 

15 amended (20 U.S.C. 921 et seq.) if— 

16 ‘‘(1) such dependents departed their overseas 

17 location due to an authorized departure or evacu18 ation order; 

19 ‘‘(2) the designated safe haven of such depend20 ents is located within commuting distance of a 

21 school operated by the domestic dependent elemen22 tary and secondary schools; and 

23 ‘‘(3) the school already possesses the capacity 

24 and resources for the student to attend the school. 

25 ‘‘(l) TUITION-PAYING ENROLLMENT IN THE DE26 PARTMENT’S VIRTUAL ELEMENTARY AND SECONDARY


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1 EDUCATION PROGRAM.—Under circumstances prescribed 

2 by the Secretary, tuition-paying enrollment in the depart3 ment’s virtual elementary and secondary education pro4 gram for dependents of active-duty members of the armed 

5 forces is authorized for dependents when such depend6 ents— 

7 ‘‘(1) transition from an overseas defense de8 pendents’ education system school into a school op9 erated by a local educational agency or another ac10 credited educational program in the United States, 

11 and 

12 ‘‘(2) are not otherwise eligible to enroll in a De13 partment of Defense domestic dependent elementary 

14 or secondary school pursuant to subsection (a).’’. 

15 SEC. 533. AUTHORITY FOR ACCEPTANCE OF GIFTS AND 

16 OTHER PRIVATE SUPPORT FOR MARINE 

17 CORPS UNIVERSITY. 

18 (a) IN GENERAL.—Chapter 609 of title 10, United 

19 States Code, is amended by adding at the end the fol20 lowing new section: 

21 ‘‘§ 7105. Marine Corps University: acceptance of gifts 

22 and support from nonprofit entities 

23 ‘‘(a) ACCEPTANCE OF GIFTS.—The Secretary of the 

24 Navy may accept, hold, administer, and spend any gift, 

25 including a gift from an international organization and a 


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1 foreign gift or donation (as defined in section 2166(f)(4) 

2 of this title), that is made on the condition that it be used 

3 for the benefit of or in connection with the Marine Corps 

4 University. The Secretary may pay all necessary expenses 

5 in connection with the acceptance of a gift under this sub6 section. For the purposes of Federal income, estate, and 

7 gift taxes, any property, money, or services accepted under 

8 this section shall be considered as a gift to or for the use 

9 of the United States. This authority is in addition to exist10 ing authority to accept gifts and services under this title, 

11 and notwithstanding section 1342 of title 31. 

12 ‘‘(b) ACCEPTANCE OF GIFTS OF FUNDS.—A gift of 

13 funds shall be accepted under this section in the same 

14 manner as funds accepted under subsection (c) of section 

15 2601 of this title. 

16 ‘‘(c) LIMITATION ON USE OF GIFTS OF FUNDS.—A 

17 gift of money, and the proceeds of the sale of all property, 

18 received under subsection (a), for, the Marine Corps Uni19 versity shall be deposited into the Navy General Gift Fund 

20 pursuant to section 2601 of this title and shall be available 

21 for obligation and disbursement only for the benefit of or 

22 in connection with the Marine Corps University or any of 

23 its programs. Subject to the prohibitions set forth in sec24 tion 2601(d)(2) of this title, funds donated to the Marine 

25 Corps University from nonprofit entities, and accepted by 


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1 the Secretary, are not otherwise subject to the limitations 

2 set forth in section 2601 and may be used for any purpose 

3 in furtherance of a Marine Corps University mission. 

4 ‘‘(d) COOPERATIVE AGREEMENTS.—The Secretary 

5 may authorize cooperative agreements (as described in 

6 section 6305 of title 31) with nonprofit entities for pur7 poses related to support of the Marine Corps University. 

8 ‘‘(e) EMPLOYEE STATUS.—For purposes of this sec9 tion, employees or personnel of a nonprofit entity may not 

10 be considered to be employees of the United States. 

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

12 ‘‘(1) The term ‘gift’ includes any gift, devise, or 

13 bequeath of real property, personal property, money, 

14 or any gift of services from a nonprofit entity. 

15 ‘‘(2) The term ‘funds’ refers to money. 

16 ‘‘(3) The term ‘money’ means cash, checks, or 

17 other forms of negotiable instruments. 

18 ‘‘(4) The term ‘Marine Corps University’ in19 cludes any school or other component of the Marine 

20 Corps University. 

21 ‘‘(5) The term ‘nonprofit entity’ means any en22 tity— 

23 ‘‘(A) that qualifies as an exempt organiza24 tion under section 501(c)(3) of the Internal 

25 Revenue Code of 1986; and 


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1 ‘‘(B) that has as a primary purpose sup2 porting a military university or museum pro3 gram. 

4 ‘‘(g) IMPLEMENTING REGULATIONS.—The Secretary 

5 of the Navy shall prescribe regulations to carry out this 

6 section.’’. 

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

8 at the beginning of such chapter is amended by adding 

9 at the end the following new item: 

‘‘7105. Marine Corps University; acceptance of gifts and support from nonprofit 

entities.’’. 

10 Subtitle E—Other Matters 

11 SEC. 541. AIR FORCE CHIEF AND DEPUTY CHIEF OF CHAP12 LAINS. 

13 (a) IN GENERAL.—Chapter 805 of title 10, United 

14 States Code, is amended by adding at the end the fol15 lowing new section: 

16 ‘‘§ 8039. Chief and Deputy Chief of Chaplains: ap17 pointment; duties 

18 ‘‘(a) CHIEF OF CHAPLAINS.— 

19 ‘‘(1) There is a Chief of Chaplains in the Air 

20 Force, appointed by the President, by and with the 

21 advice and consent of the Senate, from officers of 

22 the Air Force designated under section 8067(h) of 

23 this title as chaplains who are serving in the grade 

24 of colonel or above, are serving on active duty, and 


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1 have served on active duty as a chaplain for at least 

2 eight years. 

3 ‘‘(2) An officer appointed as the Chief of Chap4 lains shall be appointed for a term of three years. 

5 However, the President may terminate or extend the 

6 appointment at any time. 

7 ‘‘(3) The Chief of Chaplains shall be appointed 

8 in the regular grade of major general. 

9 ‘‘(4) The Chief of Chaplains shall perform such 

10 duties as may be prescribed by the Secretary of the 

11 Air Force and by law. 

12 ‘‘(b) DEPUTY CHIEF OF CHAPLAINS.— 

13 ‘‘(1) There is a Deputy Chief of Chaplains in 

14 the Air Force, appointed by the President, by and 

15 with the advice and consent of the Senate, from offi16 cers of the Air Force designated under section 

17 8067(h) of this title as chaplains, who are serving in 

18 the grade of colonel, are serving on active duty, and 

19 have served on active duty as a chaplain for at least 

20 eight years. 

21 ‘‘(2) An officer appointed as the Deputy Chief 

22 of Chaplains shall be appointed for a term of three 

23 years. However, the President may terminate or ex24 tend the appointment at any time. 


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1 ‘‘(3) The Deputy Chief of Chaplains shall be 

2 appointed in the regular grade of brigadier general. 

3 ‘‘(4) The Deputy Chief of Chaplains shall per4 form such duties as may be prescribed by the Sec5 retary of the Air Force and the Chief of Chaplains 

6 and by law. 

7 ‘‘(c) SELECTION BOARD.—Under regulations ap8 proved by the Secretary of Defense, the Secretary of the 

9 Air Force in selecting an officer for recommendation to 

10 the President under subsection (a) for appointment as the 

11 Chief of Chaplains or under subsection (b) for appoint12 ment as the Deputy Chief of Chaplains, shall ensure that 

13 the officer selected is recommended by a board of officers 

14 that, insofar as practicable, is subject to the procedures 

15 applicable to the selection boards convened under chapter 

16 36 of this title.’’. 

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

18 at the beginning of such chapter is amended by adding 

19 at the end the following new item: 

‘‘8039. Chief and Deputy Chief of Chaplains; appointment; duties.’’. 

20 SEC. 542. AUTHORITY FOR ADDITIONAL BEHAVIORAL 

21 HEALTH PROFESSIONALS TO CONDUCT PRE22 SEPARATION MEDICAL EXAMS FOR POST23 TRAUMATIC STRESS DISORDER. 

24 Section 1177(a) of title 10, United States Code, is 

25 amended— 


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1 (1) in paragraph (1), by striking ‘‘or psychia2 trist’’ and inserting ‘‘psychiatrist, licensed clinical 

3 social worker, or psychiatric nurse practitioner’’; and 

4 (2) in paragraph (3), by striking ‘‘or psychia5 trist’’ and inserting ‘‘, psychiatrist, licensed clinical 

6 social worker, or psychiatric nurse practitioner’’. 

7 SEC. 543. MODIFICATION OF PROHIBITION ON REFUSAL OF 

8 VOTER REGISTRATION APPLICATIONS AND 

9 ABSENTEE BALLOT REQUESTS. 

10 Section 104 of the Uniformed and Overseas Citizens 

11 Absentee Voting Act (42 U.S.C. 1973ff–3) is amended— 

12 (1) By inserting ‘‘(a) PROHIBITION ON RE13 FUSAL OF APPLICATIONS SUBMITTED IN YEAR OF A

14 FEDERAL ELECTION ON GROUNDS OF EARLY SUB15 MISSION.—’’ before ‘‘A State may not’’; 

16 (2) by inserting ‘‘or overseas voter’’ before 

17 ‘‘during a year on the grounds’’; 

18 (3) by inserting ‘‘or overseas voter’’ after ‘‘ab19 sentee voters who are not members of the uniformed 

20 services’’; and 

21 (4) by adding at the end the following new sub22 sections: 

23 ‘‘(b) PROHIBITION ON REFUSAL OF APPLICATIONS

24 SUBMITTED IN A YEAR WHEN A FEDERAL ELECTION

25 WILL BE HELD WITHIN 120 DAYS OF THE FOLLOWING


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1 YEAR ON GROUNDS OF EARLY SUBMISSION.—A State 

2 may not refuse to accept or process, with respect to any 

3 election for Federal office to be held in the first 120 days 

4 of the following year, any otherwise valid voter registration 

5 application or absentee ballot application (including the 

6 post card form prescribed under section 101) submitted 

7 by an absent uniformed services voter or overseas voter 

8 during a year on the grounds that the voter submitted the 

9 application before the first date on which the State other10 wise accepts or processes such applications submitted by 

11 absentee voters who are not members of the uniformed 

12 services or an overseas voter. 

13 ‘‘(c) REVISION OF OFFICIAL POST CARD FORM FOR

14 ABSENTEE BALLOT REQUESTS.—The Presidential des15 ignee shall revise the official post card form prescribed 

16 under section 101 to enable a voter using the form to— 

17 ‘‘(1) request an absentee ballot for each election 

18 for Federal office held in a State during a year and 

19 the first 120 days of the following year; or 

20 ‘‘(2) request an absentee ballot for only the 

21 next scheduled election for Federal office held in a 

22 State.’’. 


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1 SEC. 544. INCLUSION OF NORTHERN MARIANA ISLANDS AS 

2 A ‘‘STATE’’ FOR PURPOSES OF THE UNI3 FORMED AND OVERSEAS CITIZENS ABSEN4 TEE VOTING ACT. 

5 Paragraphs (6) and (8) of section 107 of the Uni6 formed and Overseas Citizens Absentee Voting Act (42 

7 U.S.C. 1973ff–6) are each amended by striking ‘‘and 

8 American Samoa’’ and inserting ‘‘American Samoa, and 

9 the Commonwealth of the Northern Mariana Islands’’. 

10 SEC. 545. CLARIFICATION AND ENHANCEMENT OF THE 

11 ROLE OF THE STAFF JUDGE ADVOCATE TO 

12 THE COMMANDANT OF THE MARINE CORPS. 

13 (a) APPOINTMENT BY THE PRESIDENT AND PERMA14 NENT APPOINTMENT TO GRADE OF MAJOR GENERAL.— 

15 Subsection (a) of section 5046 of title 10, United States 

16 Code, is amended— 

17 (1) in the first sentence, by striking ‘‘detailed’’ 

18 and inserting ‘‘appointed by the President, by and 

19 with the advice and consent of the Senate,’’; and 

20 (2) in the second sentence— 

21 (A) by striking ‘‘The’’ and inserting ‘‘If an 

22 officer appointed as the’’; and 

23 (B) by striking ‘‘, while so serving, has the 

24 grade of’’ and inserting ‘‘holds a lower grade, 

25 the officer shall be appointed in the grade of’’. 


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1 (b) DUTIES, AUTHORITY, AND ACCOUNTABILITY.— 

2 Such section is further amended— 

3 (1) by redesignating subsection (c) as sub4 section (d); and 

5 (2) by inserting after subsection (b) the fol6 lowing new subsection (c): 

7 ‘‘(c) The Staff Judge Advocate to the Commandant 

8 of the Marine Corps, under the direction of the Com9 mandant of the Marine Corps and the Secretary of the 

10 Navy, shall— 

11 ‘‘(1) perform duties relating to legal matters 

12 arising in the Marine Corps as may be assigned to 

13 him; 

14 ‘‘(2) perform the functions and duties and exer15 cise the powers prescribed for the Staff Judge Advo16 cate to the Commandant of the Marine Corps in 

17 chapter 47 of this title (the Uniform Code of Mili18 tary Justice) and chapter 53 of this title; and 

19 ‘‘(3) perform such other duties as may be as20 signed to him.’’. 

21 (c) COMPOSITION OF HEADQUARTERS, MARINE

22 CORPS.—Section 5041(b) of such title is amended— 

23 (1) by redesignating paragraphs (4) and (5) as 

24 paragraphs (5) and (6), respectively; and 


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1 (2) by inserting after paragraph (3) the fol2 lowing new paragraph (4): 

3 ‘‘(4) The Staff Judge Advocate to the Com4 mandant of the Marine Corps.’’. 

5 (d) SUPERVISION OF CERTAIN LEGAL SERVICES.— 

6 (1) ADMINISTRATION OF MILITARY JUSTICE.— 

7 Section 806(a) of such title (article 6(a) of the Uni8 form Code of Military Justice) is amended by insert9 ing ‘‘, and within the Marine Corps the Staff Judge 

10 Advocate to the Commandant of the Marine Corps,’’ 

11 in the third sentence after ‘‘Judge Advocate Gen12 eral’’. 

13 (2) DELIVERY OF LEGAL ASSISTANCE.—Section 

14 1044(b) of such title is amended by inserting ‘‘and 

15 within the Marine Corps the Staff Judge Advocate 

16 to the Commandant of the Marine Corps’’ after 

17 ‘‘title)’’. 

18 SEC. 546. ADDITIONAL REQUIREMENTS FOR ACCOUNTING 

19 FOR MEMBERS OF THE ARMED FORCES AND 

20 DEPARTMENT OF DEFENSE CIVILIAN EM21 PLOYEES LISTED AS MISSING. 

22 (a) FAMILY BRIEFINGS.—Paragraph (1) of section 

23 1501(a) of title 10, United States Code, is amended— 

24 (1) by striking ‘‘and’’ at the end of subpara25 graph (B); 


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1 (2) by striking the period at the end of sub2 paragraph (C) and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(D) coordination of periodic briefing of fami6 lies of missing persons about the efforts of the De7 partment of Defense to account for those persons.’’. 

8 (b) GIFT ACCEPTANCE.—Paragraph (6) of such sec9 tion is amended by adding at the end the following new 

10 subparagraph: 

11 ‘‘(D) To facilitate accounting for missing persons, the 

12 Secretary of Defense may accept voluntary or gratuitous 

13 services provided by persons or entities outside of the 

14 United States Government that further the purposes of 

15 this chapter.’’. 

16 SEC. 547. CLARIFICATION OF AUTHORIZED FISHER HOUSE 

17 RESIDENTS AT THE FISHER HOUSE FOR THE 

18 FAMILIES OF THE FALLEN AND MEDITATION 

19 PAVILION AT DOVER AIR FORCE BASE, DELA20 WARE. 

21 (a) TREATMENT OF FISHER HOUSE FOR THE FAMI22 LIES OF THE FALLEN AND MEDITATION PAVILION AT

23 DOVER AIR FORCE BASE.—Subsection (a) of section 

24 2493 of title 10, United States Code, is amended— 

25 (1) in paragraph (1)— 


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1 (A) by striking ‘‘by patients’’ in subpara2 graph (B) and all that follows through ‘‘such 

3 patients;’’ and inserting ‘‘by authorized Fisher 

4 House residents;’’; and 

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

6 sentence: 

7 ‘‘Such term includes the Fisher House for the Fami8 lies of the Fallen and Meditation Pavilion at Dover 

9 Air Force Base, Delaware, so long as such facility 

10 is available for residential use on a temporary basis 

11 by authorized Fisher House residents.’’; and 

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

13 paragraph: 

14 ‘‘(3) The term ‘authorized Fisher House resi15 dents’ means the following: 

16 ‘‘(A) With respect to a facility described in 

17 the first sentence of paragraph (1) that is lo18 cated in proximity to a health care facility of 

19 the Army, the Air Force, or the Navy, the fol20 lowing persons: 

21 ‘‘(i) Patients of that health care facil22 ity. 

23 ‘‘(ii) Members of the families of such 

24 patients. 


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1 ‘‘(iii) Others providing the equivalent 

2 of familial support for such patients. 

3 ‘‘(B) With respect to the Fisher House for 

4 Families of the Fallen and Meditation Pavilion 

5 at Dover Air Force Base, Delaware, the fol6 lowing persons: 

7 ‘‘(i) The primary next of kin of a 

8 member of the armed forces who dies while 

9 located or serving overseas. 

10 ‘‘(ii) Other family members of the de11 ceased member who are eligible for trans12 portation under section 411f(e) of title 37. 

13 ‘‘(iii) An escort of a family member 

14 described in clause (i) or (ii).’’. 

15 (b) CONFORMING AMENDMENTS.—Subsections (b), 

16 (e), (f), and (g) of such section are amended by striking 

17 ‘‘health care’’ each place it appears. 

18 (c) REPEAL OF FISCAL YEAR 2012 PROVISION.— 

19 Section 643 of the National Defense Authorization Act for 

20 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1466) 

21 is repealed. 


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1 SEC. 548. REPEAL OF ALTERNATIVE MECHANISM FOR RE2 QUIRED ALLOTMENTS FROM PAY FOR CHILD 

3 AND SPOUSAL SUPPORT OWED BY MEMBERS 

4 OF THE UNIFORMED SERVICES ON ACTIVE 

5 DUTY. 

6 Section 465 of the Social Security Act (42 U.S.C. 

7 665) is repealed. 

8 SEC. 549. REDUCTION IN REQUIREMENTS FOR PUBLICA9 TION IN FEDERAL REGISTER UNDER SOL10 OMON AMENDMENT. 

11 Section 983 of title 10, United States Code, is 

12 amended by striking subsection (f). 

13 TITLE VI—COMPENSATION AND 

14 OTHER PERSONNEL BENEFITS 

15 SEC. 601. REPEAL OF REQUIREMENT FOR PAYMENT OF 

16 SURVIVOR BENEFIT PLAN PREMIUMS WHEN 

17 PARTICIPANT WAIVES RETIRED PAY TO PRO18 VIDE A SURVIVOR ANNUITY UNDER FEDERAL 

19 EMPLOYEES RETIREMENT SYSTEM AND TER20 MINATING PAYMENT OF THE SURVIVOR BEN21 EFIT PLAN ANNUITY. 

22 (a) DEPOSITS NOT REQUIRED.—Section 1452(e) of 

23 title 10, United States Code, is amended— 

24 (1) by inserting ‘‘AND FERS’’ in the subsection 

25 heading after ‘‘CSRS’’; 


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1 (2) by inserting ‘‘or for the purposes of chapter 

2 84 of title 5,’’ after ‘‘chapter 83 of title 5,’’; 

3 (3) by inserting ‘‘or 8416(j)’’ after ‘‘8339(j)’’; 

4 and 

5 (4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 

6 (b) CONFORMING AMENDMENT.—Section 1450(d) of 

7 such title is amended— 

8 (1) by inserting ‘‘or for the purposes of chapter 

9 84 of title 5,’’ after ‘‘chapter 83 of title 5,’’; 

10 (2) by inserting ‘‘or 8146(a)’’ after ‘‘8339(j)’’; 

11 and 

12 (3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 

13 (c) APPLICATION OF AMENDMENTS.—The amend14 ments made by this section shall apply with respect to any 

15 participant electing an annuity for survivors under chapter 

16 84 of title 5, United States Code, on or after the date 

17 of the enactment of this Act. 

18 SEC. 602. TRANSITIONAL COMPENSATION FOR DEPENDENT 

19 CHILDREN WHO WERE CARRIED DURING 

20 PREGNANCY AT THE TIME OF THE DEPEND21 ENT-ABUSE OFFENSE. 

22 (a) IN GENERAL.—Section 1059 of title 10, United 

23 States Code, is amended— 

24 (1) in subsection (f), by adding at the end the 

25 following new paragraph: 


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1 ‘‘(4) Payment to a child under this section shall not 

2 be paid for any period that the child was in utero.’’; and 

3 (2) in subsection (l), by striking ‘‘at the time of 

4 the dependent-abuse offense resulting in the separa5 tion of the former member’’ and inserting ‘‘or eligi6 ble spouse at the time of the dependent-abuse of7 fense resulting in the separation of the former mem8 ber or who was carried during pregnancy at the time 

9 of the dependent-abuse offense resulting in the sepa10 ration of the former member and was subsequently 

11 born alive to the eligible spouse or former spouse’’. 

12 (b) PROSPECTIVE APPLICABILITY.—No benefits shall 

13 accrue by reason of the amendments made by this section 

14 for any month that begins before the date of the enact15 ment of this Act. 

16 SEC. 603. INCREASE IN AMOUNT OF OFFICER AFFILIATION 

17 BONUS FOR OFFICERS IN THE SELECTED RE18 SERVE. 

19 Section 308j(d) of title 37, United States Code, is 

20 amended by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. 

21 SEC. 604. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEM22 BER COUPLES WHEN ONE IS ON SEA DUTY. 

23 (a) IN GENERAL.—Subparagraph (C) of section 

24 403(f)(2) of title 37, United States Code, is amended to 

25 read as follows: 


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1 ‘‘(C) Notwithstanding section 421 of this title, a 

2 member of a uniformed service in a pay grade below pay 

3 grade E–6 who is assigned to sea duty and is married 

4 to another member of a uniformed service is entitled to 

5 a basic allowance for housing subject to the limitations 

6 of subsection (e).’’. 

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

8 subsection (a) shall take effect on January 1, 2013. 

9 SEC. 605. CHANGE TO THE DEFINITION OF DEPENDENT 

10 FOR PURPOSES OF LIMITING THE TERMS OF 

11 CONSUMER CREDIT FOR CERTAIN MEMBERS 

12 OF THE ARMED FORCES AND THEIR DEPEND13 ENTS. 

14 Section 987(i)(2) of title 10, United States Code, is 

15 amended to read as follows: 

16 ‘‘(2) DEPENDENT.—The term ‘dependent’, with re17 spect to a covered member, has the meaning given that 

18 term in subparagraphs (A), (D), (E), and (I) of section 

19 1072(2) of this title.’’. 

20 SEC. 606. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 

21 BONUS AND SPECIAL PAY AUTHORITIES. 

22 (a) AUTHORITIES RELATING TO RESERVE

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

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

25 2012’’ and inserting ‘‘December 31, 2013’’: 


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1 (1) Section 308b(g), relating to Selected Re2 serve reenlistment bonus. 

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

4 affiliation or enlistment bonus. 

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

6 enlisted members assigned to certain high-priority 

7 units. 

8 (4) Section 308g(f)(2), relating to Ready Re9 serve enlistment bonus for persons without prior 

10 service. 

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

12 enlistment and reenlistment bonus for persons with 

13 prior service. 

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

15 enlistment and reenlistment bonus for persons with 

16 prior service. 

17 (7) Section 910(g), relating to income replace18 ment payments for reserve component members ex19 periencing extended and frequent mobilization for 

20 active duty service. 

21 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH

22 CARE PROFESSIONALS.—The following sections of title 

23 10, United States Code, are amended by striking ‘‘Decem24 ber 31, 2012’’ and inserting ‘‘December 31, 2013’’: 


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1 (1) Section 2130a(a)(1), relating to nurse offi2 cer candidate accession program. 

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

4 education loans for certain health professionals who 

5 serve in the Selected Reserve. 

6 (c) TITLE 37 AUTHORITIES RELATING TO HEALTH

7 CARE PROFESSIONALS.—The following sections of title 

8 37, United States Code, are amended by striking ‘‘Decem9 ber 31, 2012’’ and inserting ‘‘December 31, 2013’’: 

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

11 retention bonuses for psychologists. 

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

13 bonus for registered nurses. 

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

15 special pay for nurse anesthetists. 

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

17 Selected Reserve health professionals in critically 

18 short wartime specialties. 

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

20 bonus for dental officers. 

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

22 for pharmacy officers. 

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

24 for medical officers in critically short wartime spe25 cialties. 


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

2 for dental specialist officers in critically short war3 time specialties. 

4 (d) AUTHORITIES RELATING TO NUCLEAR OFFI5 CERS.—The following sections of title 37, United States 

6 Code, are amended by striking ‘‘December 31, 2012’’ and 

7 inserting ‘‘December 31, 2013’’: 

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

9 nuclear-qualified officers extending period of active 

10 service. 

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

12 accession bonus. 

13 (3) Section 312c(d), relating to nuclear career 

14 annual incentive bonus. 

15 (e) AUTHORITIES RELATING TO TITLE 37 CONSOLI16 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU17 THORITIES.—The following sections of title 37, United 

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

19 2012’’ and inserting ‘‘December 31, 2013’’: 

20 (1) Section 331(h), relating to general bonus 

21 authority for enlisted members. 

22 (2) Section 332(g), relating to general bonus 

23 authority for officers. 

24 (3) Section 333(i), relating to special bonus and 

25 incentive pay authorities for nuclear officers. 


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1 (4) Section 334(i), relating to special aviation 

2 incentive pay and bonus authorities for officers. 

3 (5) Section 335(k), relating to bonus and incen4 tive pay authorities for officers in health professions. 

5 (6) Section 351(h), relating to hazardous duty 

6 pay. 

7 (7) Section 352(g), relating to assignment pay 

8 or special duty pay. 

9 (8) Section 353(i), relating to skill incentive 

10 pay or proficiency bonus. 

11 (9) Section 355(h), relating to retention incen12 tives for members qualified in critical military skills 

13 or assigned to high priority units. 

14 (f) OTHER TITLE 37 BONUS AND SPECIAL PAY AU15 THORITIES.—The following sections of title 37, United 

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

17 2012’’ and inserting ‘‘December 31, 2013’’: 

18 (1) Section 301b(a), relating to aviation officer 

19 retention bonus. 

20 (2) Section 307a(g), relating to assignment in21 centive pay. 

22 (3) Section 308(g), relating to reenlistment 

23 bonus for active members. 

24 (4) Section 309(e), relating to enlistment 

25 bonus. 


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1 (5) Section 324(g), relating to accession bonus 

2 for new officers in critical skills. 

3 (6) Section 326(g), relating to incentive bonus 

4 for conversion to military occupational specialty to 

5 ease personnel shortage. 

6 (7) Section 327(h), relating to incentive bonus 

7 for transfer between the Armed Forces. 

8 (8) Section 330(f), relating to accession bonus 

9 for officer candidates. 

10 (9) Section 403(b)(7)(E), relating to basic al11 lowance for housing. 

12 SEC. 607. REVISION TO CERTAIN DEFINITIONS RELATING 

13 TO FAMILIES OF SERVICEMEMBERS FOR 

14 PURPOSES OF FAMILY AND MEDICAL LEAVE. 

15 (a) DEFINITIONS APPLICABLE UNDER FAMILY AND

16 MEDICAL LEAVE ACT OF 1993.— 

17 (1) DEFINITION OF ‘‘COVERED ACTIVE

18 DUTY’’.—Paragraph (14) of section 101 of the Fam19 ily and Medical Leave Act of 1993 (29 U.S.C. 2611) 

20 is amended— 

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

22 subparagraphs (A) and (B); and 

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

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

25 (B). 


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1 (2) DEFINITION OF ‘‘COVERED SERVICEMEM2 BER’’.—Paragraph (15)(A) of such section is 

3 amended by inserting ‘‘inpatient or’’ before ‘‘out4 patient status’’. 

5 (b) DEFINITIONS APPLICABLE TO LEAVE FOR CIVIL

6 SERVICE EMPLOYEES.— 

7 (1) DEFINITION OF ‘‘COVERED ACTIVE

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

9 United States Code, is amended— 

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

11 subparagraph (A) and (B); and 

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

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

14 (B). 

15 (2) DEFINITION OF ‘‘COVERED SERVICEMEM16 BER’’.—Paragraph (8)(A) of such section is amend17 ed by inserting ‘‘inpatient or’’ before ‘‘outpatient 

18 status’’. 

19 (3) TECHNICAL AMENDMENT.—Paragraph 

20 (7)(B) of such section is further amended by strik21 ing ‘‘, United States Code’’. 


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1 SEC. 608. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE 

2 BONUS FOR RESERVE COMPONENT MEM3 BERS WHO CONVERT MILITARY OCCUPA4 TIONAL SPECIALTY TO EASE PERSONNEL 

5 SHORTAGES. 

6 Section 326(c)(1) of title 37, United States Code, is 

7 amended by striking ‘‘, in the case of’’ the first place it 

8 appears and all that follows through ‘‘reserve component 

9 of the armed forces’’. 

10 SEC. 609. MODIFICATIONS TO CAREER INTERMISSION 

11 PILOT PROGRAM. 

12 (a) EXTENSION OF PROGRAMS TO INCLUDE ACTIVE

13 GUARD AND RESERVE PERSONNEL.—Subsection (a)(1) of 

14 section 533 of Duncan Hunter National Defense Author15 ization Act for Fiscal Year 2009 (Public Law 110–417; 

16 122 Stat. 4449; prec. 10 U.S.C. 701 note) is amended 

17 by inserting ‘‘and members on active Guard and Reserve 

18 duty’’ after ‘‘officers and enlisted members of the regular 

19 components’’. 

20 (b) AUTHORITY TO CARRY FORWARD UNUSED AC21 CRUED LEAVE.—Subsection (h) of such section is amend22 ed by adding at the end the following new paragraph: 

23 ‘‘(5) LEAVE.—A member who participates in a 

24 pilot program is entitled to carry forward the exist25 ing leave balance accumulated in accordance with 


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1 section 701 of title 10, United States Code, but not 

2 to exceed 60 days.’’. 

3 (c) AUTHORITY FOR DISABILITY PROCESSING.—Sub4 section (j) of such section is amended— 

5 (1) by striking ‘‘for purposes of the entitle6 ment’’ and inserting ‘‘for purposes of— 

7 ‘‘(1) the entitlement’’; 

8 (2) by striking the period at the end and insert9 ing ‘‘; and’’; and 

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

11 paragraph: 

12 ‘‘(2) retirement or separation for physical dis13 ability under the provisions of chapters 55 and 61 

14 of title 10, United States Code.’’. 

15 SEC. 610. PERMANENT CHANGE OF STATION ALLOWANCES 

16 FOR MEMBERS OF SELECTED RESERVE 

17 UNITS FILLING A VACANCY IN ANOTHER 

18 UNIT AFTER BEING INVOLUNTARILY SEPA19 RATED. 

20 (a) TRAVEL AND TRANSPORTATION ALLOWANCES

21 GENERALLY.—Section 474 of title 37, United States 

22 Code, as transferred and redesignated by section 

23 631(d)(2) of the National Defense Authorization Act for 

24 Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1460), 

25 is amended— 


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1 (1) in subsection (a)— 

2 (A) by striking ‘‘and’’ at the end of para3 graph (4); 

4 (B) by striking the period at the end of 

5 paragraph (5) and inserting ‘‘; and’’; and 

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

7 paragraph: 

8 ‘‘(6) upon filling a vacancy in a Selected Re9 serve unit at a duty station that is more than 150 

10 miles from the member’s residence, if during the 

11 preceding three years the member was involuntarily 

12 separated under other than adverse conditions, as 

13 characterized by the Secretary concerned, while as14 signed to a unit of the Selective Reserve and if that 

15 separation was during the period beginning on Octo16 ber 1, 2012, and ending on December 31, 2018.’’; 

17 (2) in subsection (f), by adding at the end the 

18 following new paragraph: 

19 ‘‘(4)(A) A member may be provided travel and trans20 portation allowances under subsection (a)(6) only with re21 spect to the filling of a vacancy in a Selected Reserve unit 

22 one time. 

23 ‘‘(B) Regulations under this section shall provide that 

24 whenever travel and transportation allowances are paid 


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1 under subsection (a)(6), the cost shall be borne by the unit 

2 filling the vacancy.’’; and 

3 (3) in subsection (j), by striking ‘‘In this’’ and 

4 inserting ‘‘Other than in subsection (a)(6), in this’’. 

5 (b) TRAVEL AND TRANSPORTATION ALLOWANCES

6 FOR DEPENDENTS AND HOUSEHOLD EFFECTS.—Section 

7 476(a) of such title, as transferred and redesignated by 

8 section 631(d)(2) of the National Defense Authorization 

9 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

10 1460), is amended— 

11 (1) in paragraph (2)(B)— 

12 (A) by striking ‘‘or’’ at the end of clause 

13 (iv); 

14 (B) by striking the period at the end of 

15 clause (v) and inserting ‘‘; or’’; and 

16 (C) by adding at the end the following new 

17 clause: 

18 ‘‘(vi) who fills a vacancy in a Selected Reserve 

19 unit at a duty station that is more than 150 miles 

20 from the member’s residence, if during the preceding 

21 three years the member was involuntarily separated 

22 under other than adverse conditions, as character23 ized by the Secretary concerned, while assigned to a 

24 unit of the Selective Reserve and if that separation 


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1 was during the period beginning on October 1, 2012, 

2 and ending on December 31, 2018.’’; and 

3 (2) in paragraph (4), by striking ‘‘In this’’ and 

4 inserting ‘‘Other than in paragraph (2)(B)(vi), in 

5 this’’. 

6 TITLE VII—HEALTH CARE 

7 PROVISIONS 

8 SEC. 701. REVISIONS TO TRICARE COST SHARING REQUIRE9 MENTS. 

10 (a) REVISION OF ANNUAL ENROLLMENT FEES.— 

11 Section 1097(e)(2) of title 10, United States Code, is 

12 amended to read as follows: 

13 ‘‘(2)(A) Beginning October 1, 2012, the annual en14 rollment fees referred to in paragraph (1)— 

15 ‘‘(i) may not be increased for a survivor of a 

16 member of the uniformed services who dies while on 

17 active duty, or a person retired under chapter 61 of 

18 this title or the dependents of such person; and 

19 ‘‘(ii) for an individual enrollment, shall be one20 half of the amount for a family enrollment. 

21 ‘‘(B) Beginning October 1, 2012, such annual enroll22 ment fees shall have three Tiers, as follows: 

23 ‘‘(i) Tier 1, which shall be applicable to former 

24 members (or their survivors) with retired pay (or in 

25 the case of survivors, annuity under the Survivor 


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1 Benefits Plan under chapter 73 of this title) in 2012 

2 less than $22,590. 

3 ‘‘(ii) Tier 2, which shall be applicable to former 

4 members (or their survivors) with retired pay (or in 

5 the case of survivors, annuity under the Survivor 

6 Benefits Plan under chapter 73 of this title) in 2012 

7 between $22,590 and $45,178 inclusive. 

8 ‘‘(iii) Tier 3, which shall be applicable to former 

9 members (or their survivors) with retired pay (or in 

10 the case of survivors, annuity under the Survivor 

11 Benefits Plan under chapter 73 of this title) in 2012 

12 more than $45,178. 

13 ‘‘(C) Each amount specified in subparagraph (B) 

14 shall be adjusted in subsequent years by the cost of living 

15 adjustment applied to retired pay. In subsequent years, 

16 tier placement will be based on retired pay or annuity dur17 ing the calendar year in which the fiscal year starts. For 

18 purposes of applying subparagraph (B), the amount of re19 tired pay or annuity determined to be received by any eli20 gible beneficiary under this section and any other tier 

21 placement issues under this section shall be determined 

22 by the Secretary of Defense. 

23 ‘‘(D) The annual family enrollment fee by fiscal year 

24 referred to in paragraph (1), based upon the Tiers deter25 mined under subparagraphs (B) and (C), is the following: 


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1 ‘‘(i) For 2013, $600 for Tier 1, $720 for Tier 

2 2, and $820 for Tier 3. 

3 ‘‘(ii) For 2014, $680 for Tier 1, $920 for Tier 

4 2, and $1,120 for Tier 3. 

5 ‘‘(iii) For 2015, $760 for Tier 1, $1,185 for 

6 Tier 2, and $1,535 for Tier 3. 

7 ‘‘(iv) For 2016, $850 for Tier 1, $1,450 for 

8 Tier 2, and $1,950 for Tier 3. 

9 ‘‘(v) For years after 2016, the amount for 

10 2016, indexed by the National Health Expenditures 

11 per capita rate, as established by the Secretary of 

12 Health and Human Services.’’. 

13 (b) ESTABLISHMENT OF ANNUAL ENROLLMENT FEE

14 FOR CERTAIN TRICARE STANDARD BENEFICIARIES.— 

15 Section 1086(b)(1) of such title is amended to read as fol16 lows: 

17 ‘‘(1) Beginning October 1, 2012, an annual en18 rollment fee, which shall be a precondition to cov19 erage under this section (including coverage that 

20 provides for discounts on cost-sharing for using 

21 TRICARE network providers) and section 1074g, 

22 except that such fee shall not apply to persons de23 scribed in paragraph (5) or in subsection (d), or to 

24 those covered by an enrollment fee under section 


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1 1097. The amount of the enrollment fee by fiscal 

2 year shall be: 

3 ‘‘(A) in 2013, $70 for an individual or 

4 $140 for a family group; 

5 ‘‘(B) in 2014, $85 for an individual or 

6 $170 for a family group; 

7 ‘‘(C) in 2015, $100 for an individual or 

8 $200 for a family group; 

9 ‘‘(D) in 2016, $115 for an individual or 

10 $230 for a family group; 

11 ‘‘(E) in 2017, $130 for an individual or 

12 $250 for a family group; and 

13 ‘‘(F) after 2017, the amounts for 2017 ad14 justed based on the National Health Expendi15 tures per capita rate, as established by the Sec16 retary of Health and Human Services.’’. 

17 (c) REVISION OF ANNUAL DEDUCTIBLE AMOUNTS.— 

18 (1) Section 1086(b)(2) of such title is amended to read 

19 as follows: 

20 ‘‘(2) An annual deductible amount applicable to 

21 the charges for all types of care authorized by this 

22 section and received while in an outpatient status 

23 and 25 percent of the additional charges for such 

24 care during a year. The annual deductible amount, 


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1 except for persons described in paragraph (5), by 

2 fiscal year shall be: 

3 ‘‘(A) in 2013, $160 for an individual or 

4 $320 for a family group; 

5 ‘‘(B) in 2014, $200 for an individual or 

6 $400 for a family group; 

7 ‘‘(C) in 2015, $230 for an individual or 

8 $460 for a family group; 

9 ‘‘(D) in 2016, $260 for an individual or 

10 $520 for a family group; 

11 ‘‘(E) in 2017, $290 for an individual or 

12 $580 for a family group; and 

13 ‘‘(F) after 2017, the amounts for 2017 ad14 justed based on the National Health Expendi15 tures per capita rate, as established by the Sec16 retary of Health and Human Services.’’. 

17 (2) Such subsection is further amended by adding at 

18 the end the following new paragraph: 

19 ‘‘(5) Paragraphs (1), (2), and (4)(B) shall not 

20 apply to a survivor of a member of the uniformed 

21 services who died while on active duty or to a person 

22 retired under chapter 61 of this title or the depend23 ents of such person. For such individuals— 

24 ‘‘(A) there is no annual enrollment fee; 


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1 ‘‘(B) the deductible amounts in effect in 

2 fiscal year 2012 shall remain in effect; and 

3 ‘‘(C) the maximum payment amount re4 ferred to in paragraph (4)(A) shall remain in 

5 effect.’’. 

6 (d) ESTABLISHMENT OF ANNUAL ENROLLMENT FEE

7 FOR TRICARE FOR LIFE BENEFICIARIES.—Section 

8 1086(d)(3) of such title is amended by adding at the end 

9 the following new subparagraph: 

10 ‘‘(D) A person described in paragraph (2) (ex11 cept a person described in clause (i) of this subpara12 graph), shall pay an annual fiscal year enrollment 

13 fee as an additional condition of eligibility for health 

14 care benefits under this section. 

15 ‘‘(i) The annual enrollment fee shall not be 

16 charged to a survivor of a member of the uni17 formed services who died while on active duty, 

18 or to a person retired under chapter 61 of this 

19 title or the dependents of such person. 

20 ‘‘(ii) The annual enrollment fee shall have 

21 three Tiers, with Tier 1 applicable to former 

22 members (or their survivors) with retired pay 

23 (or in the case of survivors, annuity under the 

24 Survivor Benefits Plan under chapter 73 of this 

25 title) in 2012 less than $22,590, Tier 2 between 


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1 $22,590 and $45,178 (inclusive), and Tier 3 

2 more than $45,178. 

3 ‘‘(iii) Each of the amounts in clause (ii) 

4 shall be adjusted in subsequent years by the 

5 cost of living adjustment applied to retired pay. 

6 ‘‘(iv) Tier placement in years after 2012 

7 shall be based on retired pay or annuity during 

8 the calendar year in which the fiscal year 

9 starts. 

10 ‘‘(v) For purposes of tier placement, the 

11 amount of retired pay or annuity determined to 

12 be received by any eligible beneficiary under 

13 this subparagraph, and any other tier place14 ment issues under this section shall be deter15 mined by the Secretary of Defense. 

16 ‘‘(vi) In 2013 the enrollment fee for an in17 dividual shall be $35 for Tier 1, $75 for Tier 

18 2, and $115 for Tier 3. 

19 ‘‘(vii) In 2014 the enrollment fee for an in20 dividual shall be $75 for Tier 1, $150 for Tier 

21 2, and $225 for Tier 3. 

22 ‘‘(viii) In 2015 the enrollment fee for an 

23 individual shall be $115 for Tier 1, $225 for 

24 Tier 2, and $335 for Tier 3. 


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1 ‘‘(ix) In 2016 the enrollment fee for an in2 dividual shall be $150 for Tier 1, $300 for Tier 

3 2, and $450 for Tier 3. 

4 ‘‘(x) In subsequent years, the enrollment 

5 fee for an individual shall be the amount in 

6 2016, indexed by the National Health Expendi7 tures per capita rate, as established by the Sec8 retary of Health and Human Services.’’. 

9 (e) REVISIONS TO CATASTROPHIC CAP.—Section 

10 1086(b)(4) of such title is amended— 

11 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; and 

12 (2) by adding at the end the following new sub13 paragraph: 

14 ‘‘(B) Beginning October 1, 2012, the amount 

15 referred to in subparagraph (A) shall be adjusted 

16 based on the National Health Expenditures per cap17 ita rate, as established by the Secretary of Health 

18 and Human Services, and shall not include enroll19 ment fees under this chapter.’’. 

20 (f) REVISIONS TO TRICARE PHARMACY PROGRAM

21 REQUIREMENTS.—(1) Section 1074g(a)(5) of such title is 

22 amended by striking ‘‘at least one of the means described 

23 in paragraph (2)(E)’’ and inserting ‘‘the national mail 

24 order pharmacy program’’. 


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1 (2) Section 1074g(a)(6) of such title is amended by 

2 adding at the end the following new subparagraph: 

3 ‘‘(C)(i) Notwithstanding any limitation in subpara4 graph (A) and subject to clause (iv), the generally applica5 ble cost sharing amounts specified in the following table 

6 shall apply in the years 2013 through 2021. 

‘‘Retail 

Generic 

Retail 

Formulary 

Mail 

Order 

Generic 

Mail 

Order 

Formulary 

Mail 

Order 

Non-Formulary 

2013 $5 $26 $0 $26 $51 

2014 $6 $28 $0 $28 $54 

2015 $7 $30 $0 $30 $58 

2016 $8 $32 $0 $32 $62 

2017 $9 $34 $9 $34 $66 

2018 $10 $36 $10 $36 $70 

2019 $11 $38 $11 $38 $75 

2020 $12 $40 $12 $40 $80 

2021 $13 $43 $13 $43 $85 

7 ‘‘(ii) The amounts specified in the table in clause (i) 

8 for retail dispensing refer to dispensing in retail network 

9 pharmacies for prescriptions for up to a 30-day supply. 

10 The amounts specified for mail order dispensing are for 

11 an up to 90-day supply. 

12 ‘‘(iii) The amounts specified in the table in clause (i) 

13 shall be adjusted by the Secretary for years after 2021 

14 based on changes (as determined by the Secretary) in the 


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1 costs of pharmaceutical agents and prescription dis2 pensing, rounded to the nearest dollar. 

3 ‘‘(iv) A cost-sharing amount under this subparagraph 

4 shall not apply to a survivor of a member of the uniformed 

5 services who died while on active duty, or to a person re6 tired under chapter 61 of this title or the dependents of 

7 such person. For such individuals, the amounts in effect 

8 during fiscal year 2012 shall remain in effect.’’. 

9 (g) EFFECTIVE DATE AND REGULATIONS.—This sec10 tion shall take effect October 1, 2012. The Secretary of 

11 Defense may issue an interim final rule or take such other 

12 action as necessary to ensure implementation as of that 

13 date. Such action may include presumptive enrollment for 

14 designated beneficiaries (subject to declination) and auto15 matic deduction from retired pay or annuity of enrollment 

16 fee amounts. 

17 SEC. 702. REQUIREMENT FOR MEDICARE PARTICIPATING 

18 PHYSICIAN OR SUPPLIER TO ACCEPT 

19 TRICARE AND VETERANS AFFAIRS PARTICI20 PATING RATES. 

21 Section 1842(h)(1) of the Social Security Act (42 

22 U.S.C. 1395u(h)(1)) is amended by adding at the end the 

23 following new sentence: ‘‘Any physician or supplier who 

24 voluntarily enters into an agreement with the Secretary 

25 to become a participating physician or supplier shall be 


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1 deemed to have agreed to be a participating provider of 

2 medical care or services under any health plan contracted 

3 for under section 1079 or 1086 of title 10, United States 

4 Code, or under section 1781 of title 38, United States 

5 Code, in accordance with the payment methodology and 

6 amounts prescribed under joint regulations prescribed by 

7 the Secretary, the Secretary of Defense, and the Secretary 

8 of Homeland Security pursuant to sections 1079 and 1086 

9 of title 10, United States Code.’’. 

10 SEC. 703. AUTHORITY FOR AUTOMATIC ENROLLMENT IN 

11 TRICARE PRIME OF DEPENDENTS OF MEM12 BERS IN PAY GRADES ABOVE PAY GRADE E– 

13 4. 

14 Subsection (a) of section 1097a of title 10, United 

15 States Code, is amended to read as follows: 

16 ‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DE17 PENDENTS.—(1) In the case of a dependent of a member 

18 of the uniformed services who is entitled to medical and 

19 dental care under section 1076(a)(2)(A) of this title and 

20 resides in an area in which TRICARE Prime is offered, 

21 the Secretary— 

22 ‘‘(A) shall automatically enroll the dependent in 

23 TRICARE Prime if the member is in pay grade E– 

24 4 or below; and 


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1 ‘‘(B) may automatically enroll the dependent in 

2 TRICARE Prime if the member is in pay grade E– 

3 5 or higher. 

4 ‘‘(2) Whenever a dependent of a member is enrolled 

5 in TRICARE Prime under paragraph (1), the Secretary 

6 concerned shall provide written notice of the enrollment 

7 to the member. 

8 ‘‘(3) The enrollment of a dependent of the member 

9 may be terminated by the member or the dependent at 

10 any time.’’. 

11 SEC. 704. EXCLUSION FROM AUTHORIZED MEDICAL CARE 

12 FOR DEPENDENTS OF MATERNITY CARE FOR 

13 FEE-BASIS SURROGATE PREGNANCIES. 

14 Section 1077(b) of title 10, United States Code, is 

15 amended by adding at the end the following new para16 graph: 

17 ‘‘(4) Maternity care for fee-basis surrogate 

18 pregnancies.’’. 

19 SEC. 705. EXTENSION OF TRICARE STANDARD COVERAGE 

20 AND TRICARE DENTAL PROGRAM FOR MEM21 BERS OF THE SELECTED RESERVE WHO ARE 

22 INVOLUNTARILY SEPARATED. 

23 (a) EXTENSION OF TRICARE STANDARD COV24 ERAGE.—Section 1076d(b) of title 10, United States 

25 Code, is amended— 


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1 (1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) 

2 Except as provided in paragraph (2), eligibility’’; 

3 and 

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

5 paragraph: 

6 ‘‘(2) Eligibility for a member under this section who 

7 is involuntarily separated from the Selected Reserve under 

8 other than adverse conditions, as characterized by the Sec9 retary concerned, shall terminate 180 days after the date 

10 on which the member is separated.’’. 

11 (b) EXTENSION OF TRICARE DENTAL PROGRAM

12 COVERAGE.—Section 1076a(a)(1) of such title is amended 

13 by adding at the end the following new sentence: ‘‘Such 

14 plan shall provide that coverage for a member of the Se15 lected Reserve who is involuntarily separated from the Se16 lected Reserve under other than adverse conditions, as 

17 characterized by the Secretary concerned, shall not termi18 nate earlier than 180 days after the date on which the 

19 member is separated.’’. 

20 SEC. 706. CLARIFICATION OF APPLICABILITY OF FEDERAL 

21 TORT CLAIMS ACT TO SUBCONTRACTORS EM22 PLOYED TO PROVIDE HEALTH CARE SERV23 ICES TO THE DEPARTMENT OF DEFENSE. 

24 Section 1089(a) of title 10, United States Code, is 

25 amended in the last sentence by— 


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1 (1) striking ‘‘if the physician, dentist, nurse, 

2 pharmacist, or paramedical’’ and inserting ‘‘to such 

3 a physician, dentist, nurse, pharmacist, or para4 medical’’; 

5 (2) striking ‘‘involved is’’; and 

6 (3) inserting before the period at the end the 

7 following: ‘‘or a subcontract at any tier under such 

8 a contract’’. 

9 SEC. 707. MODIFICATIONS TO REQUIREMENT FOR SEC10 RETARY OF DEFENSE TO CONDUCT MENTAL 

11 HEALTH ASSESSMENTS FOR MEMBERS OF 

12 THE ARMED FORCES DEPLOYED IN CONNEC13 TION WITH A CONTINGENCY OPERATION. 

14 (a) TIMING OF MENTAL HEALTH ASSESSMENTS.— 

15 Subsection (a)(1) of section 1074m of title 10, United 

16 States Code, is amended in subparagraph (C)(i) by strik17 ing ‘‘one year’’ and inserting ‘‘18 months’’. 

18 (b) EXCLUSION OF CERTAIN MEMBERS.—Subsection 

19 (a)(2) of such section is amended— 

20 (1) by striking ‘‘subparagraphs (B) and (C) 

21 of’’; and 

22 (2) By striking ‘‘determines that—’’ and all 

23 that follows and inserting ‘‘determines— 

24 ‘‘(A) in the case of an assessment other25 wise required under subparagraph (A) of that 


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1 paragraph, that the member will not be sub2 jected or exposed to operational risk factors 

3 during deployment in the contingency operation 

4 concerned; 

5 ‘‘(B) in the case of an assessment other6 wise required under subparagraph (B) or (C) of 

7 that paragraph, that the member was not sub8 jected or exposed to operational risk factors 

9 during deployment in the contingency operation 

10 concerned; or 

11 ‘‘(C) in the case of any assessment other12 wise required under that paragraph, that pro13 viding such assessment to the member during 

14 the otherwise applicable time period under such 

15 paragraph would remove the member from for16 ward deployment or would put members or 

17 operational objectives at risk.’’. 

18 SEC. 708. INCLUSION OF CERTAIN OVER-THE-COUNTER 

19 DRUGS IN TRICARE UNIFORM FORMULARY. 

20 (a) INCLUSION.—Subsection (a)(2) of section 1074g 

21 of title 10, United States Code, is amended— 

22 (1) in subparagraph (D), by striking ‘‘No phar23 maceutical agent may be excluded’’ and inserting 

24 ‘‘Except as provided in subparagraph (F), no phar25 maceutical agent may be excluded’’; and 


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1 (2) by adding at the end the following new sub2 paragraph: 

3 ‘‘(F)(i) The Secretary may implement procedures to 

4 place selected over-the-counter drugs on the uniform for5 mulary and to make such drugs available to eligible cov6 ered beneficiaries. An over-the-counter drug may be in7 cluded on the uniform formulary only if the Pharmacy and 

8 Therapeutics Committee established under subsection (b) 

9 finds that the over-the-counter drug is cost-effective and 

10 clinically effective. If the Pharmacy and Therapeutics 

11 Committee recommends an over-the-counter drug for in12 clusion on the uniform formulary, the drug shall be consid13 ered to be in the same therapeutic class of pharmaceutical 

14 agents, as determined by the Committee, as similar pre15 scription drugs. 

16 ‘‘(ii) Regulations prescribed by the Secretary to carry 

17 out clause (i) shall include the following with respect to 

18 over-the-counter drugs included on the uniform formulary: 

19 ‘‘(I) A determination of the means and condi20 tions under paragraphs (5) and (6) of this section 

21 through which over-the-counter drugs will be avail22 able to eligible covered beneficiaries and the amount 

23 of cost share that such beneficiaries will be required 

24 to pay for over-the-counter drugs, except that no 


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1 such cost share may be required for a member of a 

2 uniformed service on active duty. 

3 ‘‘(II) Any terms and conditions for the dis4 pensing of over-the-counter drugs to eligible covered 

5 beneficiaries.’’. 

6 (b) DEFINITIONS.—Subsection (g) of such section is 

7 amended by adding at the end the following new para8 graphs: 

9 ‘‘(3) The term ‘over-the-counter drug’ means a 

10 drug that is not subject to section 503(b) of the 

11 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

12 353(b)). 

13 ‘‘(4) The term ‘prescription drug’ means a drug 

14 that is subject to section 503(b) of the Federal 

15 Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)).’’. 

16 (c) TECHNICAL AMENDMENTS.— 

17 (1) CROSS-REFERENCE AMENDMENTS.—Sub18 sections (a)(6)(A) and (b)(1) of such section are 

19 amended by striking ‘‘subsection (g)’’ and inserting 

20 ‘‘subsection (h)’’. 

21 (2) REPEAL OF OBSOLETE PROVISIONS.— 

22 (A) Subsection (a)(2)(D) of such section is 

23 amended by striking the last sentence. 

24 (B) Subsection (b)(2) of such section is 

25 amended by striking ‘‘Not later than’’ and all 


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1 that follows through ‘‘such 90-day period, the 

2 committee’’ and inserting ‘‘The committee’’. 

3 (C) Subsection (d)(2) of such section is 

4 amended— 

5 (i) by striking ‘‘Effective not later 

6 than April 5, 2000, the Secretary’’ and in7 serting ‘‘The Secretary’’; and 

8 (ii) by striking ‘‘the current managed 

9 care support contracts’’ and inserting ‘‘the 

10 managed care support contracts current as 

11 of October 5, 1999,’’ 

12 TITLE VIII—ACQUISITION POL13 ICY, ACQUISITION MANAGE14 MENT, AND RELATED MAT15 TERS 

16 SEC. 801. REDUCTION IN REQUIREMENTS FOR SUBMISSION 

17 OF SELECTED ACQUISITION REPORTS FOR 

18 MAJOR DEFENSE ACQUISITION PROGRAMS. 

19 Section 2432(g) of title 10, United States Code, is 

20 amended by striking ‘‘90 percent’’ both places it appears 

21 and inserting ‘‘75 percent’’. 


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1 SEC. 802. AUTHORIZATION FOR ENTERING INTO 

2 MULTIYEAR CONTRACTS WITH FEDERALLY 

3 FUNDED RESEARCH AND DEVELOPMENT 

4 CENTERS. 

5 Section 2367 of title 10, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(e) ADMINISTRATION OF CENTERS.—(1) The head 

9 of an agency may enter into multiyear contracts with fed10 erally funded research and development centers with which 

11 the agency has a sponsoring agreement. Any such contract 

12 may be for a term not to exceed five years, consistent with 

13 the sponsoring agreement of the Department of Defense 

14 with such center. 

15 ‘‘(2) The head of an agency that enters into a spon16 soring agreement with a federally funded research and de17 velopment center— 

18 ‘‘(A) shall include in the sponsoring agreement, 

19 or in applicable contracts with that center, provi20 sions— 

21 ‘‘(i) for the orderly termination or non22 renewal of the center; and 

23 ‘‘(ii) upon such termination or nonrenewal, 

24 for disposal of assets, and settlement of liabil25 ities, of the center; and 


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1 ‘‘(B) may include in the sponsoring agreement, 

2 or in applicable contracts with that center, provi3 sions— 

4 ‘‘(i) for special close-out costs, cancellation 

5 costs, termination costs and other types of ex6 penses that may be incurred at the end of spon7 sorship; and 

8 ‘‘(ii) for transfer of title to, or liquidation 

9 of, the proceeds of sale or transfer of any prop10 erty held by the center for the benefit of the 

11 Government. 

12 ‘‘(3) In this subsection, the term ‘head of an agency’ 

13 has the meaning given that term in subsection (c)(2).’’. 

14 SEC. 803. AUTHORITY FOR THE SECRETARY OF DEFENSE 

15 TO PROVIDE FEE-FOR-SERVICE INSPECTION 

16 AND TESTING BY THE DEFENSE CONTRACT 

17 MANAGEMENT AGENCY FOR CERTAIN CRIT18 ICAL EQUIPMENT IN THE ABSENCE OF A PRO19 CUREMENT CONTRACT. 

20 (a) AUTHORITY.—Section 2539b of title 10, United 

21 States Code, is amended— 

22 (1) In subsection (a)— 

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


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1 (B) by striking the period at the end of 

2 paragraph (4) and inserting ‘‘; and’’; and 

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

4 paragraph: 

5 ‘‘(5) make available to any person or entity, in 

6 advance of the award of a procurement contract, 

7 through contracts or other appropriate arrangements 

8 and subject to subsection (e), the services of the De9 fense Contract Management Agency for testing and 

10 inspection of items when such testing and inspection 

11 is determined by the Secretary to be critical to a 

12 specific program of the Department of Defense.’’; 

13 and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(e) DCMA SERVICES.—Services of the Defense 

17 Contract Management Agency may be made available 

18 under subsection (a)(5) only if the contract or other ar19 rangement for those services— 

20 ‘‘(1) holds the United States harmless if the 

21 items covered by the contract or other arrangement 

22 (whether or not tested and inspected under the con23 tract or other arrangement) are not subsequently or24 dered by or delivered to the United States under a 


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1 procurement contract entered into after the contract 

2 or other arrangement is entered into; and 

3 ‘‘(2) holds the United States harmless against 

4 any claim arising out of the inspection and testing, 

5 or the use in any commercial application, of the 

6 equipment tested and inspected by the Defense Con7 tract Management Agency under the contract or 

8 other arrangement.’’. 

9 (b) FEES.—Subsection (c) of such section is amend10 ed— 

11 (1) by striking ‘‘and (a)(4)’’ in the first sen12 tence and inserting ‘‘, (a)(4), and (a)(5)’’; 

13 (2) by inserting ‘‘, travel, and other incidental 

14 overhead expenses’’ in the second sentence after 

15 ‘‘salaries’’; and 

16 (3) by inserting ‘‘or inspection’’ before the pe17 riod at the end of the second sentence. 

18 (c) USE OF FEES.—Subsection (d) of such section 

19 is amended by striking ‘‘and (a)(4)’’ and inserting ‘‘, 

20 (a)(4), and (a)(5)’’. 


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1 SEC. 804. ELIMINATION OF CONTINUOUS-DAYS-OF-SESSION 

2 REQUIREMENT FOR CONGRESSIONAL NOTI3 FICATION OF THE LEASE OF CERTAIN VES4 SELS BY THE DEPARTMENT OF DEFENSE. 

5 Section 2401(h)(2) of title 10, United States Code, 

6 is amended by striking ‘‘of continuous session of Con7 gress’’. 

8 SEC. 805. DISESTABLISHMENT OF DEFENSE MATERIEL 

9 READINESS BOARD. 

10 (a) DISESTABLISHMENT OF BOARD.—The Defense 

11 Materiel Readiness Board established pursuant to section 

12 871 of the National Defense Authorization Act for Fiscal 

13 Year 2008 (Public Law 110–181; 10 U.S.C. 117 note) is 

14 hereby disestablished. 

15 (b) TERMINATION OF DEFENSE STRATEGIC READI16 NESS FUND.—The Defense Strategic Readiness Fund es17 tablished by section 872(d) of the National Defense Au18 thorization Act for Fiscal Year 2008 (Public Law 110– 

19 181; 10 U.S.C. 117 note) is hereby closed. 

20 (c) REPEAL.—Subtitle G of title VIII of the National 

21 Defense Authorization Act for Fiscal Year 2008 (Public 

22 Law 110–181; 10 U.S.C. 117 note) is repealed. 


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1 SEC. 806. REVISION TO DEFINITION OF TERM ‘‘COMMER2 CIAL ITEM’’ FOR PURPOSES OF FEDERAL 

3 PROCUREMENT STATUTES PROVIDING PRO4 CEDURES FOR PROCUREMENT OF COMMER5 CIAL ITEMS. 

6 (a) ELIMINATION OF ‘‘OF A TYPE’’ CRITERION.— 

7 Section 103 of title 41, United States Code, is amended 

8 by striking ‘‘of a type’’ in paragraphs (1)(A), (3)(A), and 

9 (4). 

10 (b) ELIMINATION OF ITEMS AND SERVICES MERELY

11 OFFERED FOR SALE, LEASE, OR LICENSE.— 

12 (1) ITEMS.—Paragraph (1)(B) of such section 

13 is amended by striking ‘‘, or offered for sale, lease, 

14 or license,’’. 

15 (2) SERVICES.—Paragraph (6) of such section 

16 is amended by striking ‘‘offered and’’. 

17 (c) ADJUSTMENT OF THRESHOLD RELATING TO

18 PRIOR SALES.—Paragraphs (6) and (8) of such section 

19 are amended by striking ‘‘substantial quantities’’ and in20 serting ‘‘like quantities’’. 


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1 SEC. 807. TREATMENT OF REVIEWS OF PROGRAMS EXPERI2 ENCING CRITICAL COST GROWTH WHEN 

3 COST GROWTH IS PRIMARILY DUE TO QUAN4 TITY CHANGES. 

5 Section 2433a(c)(3)(A) of title 10, United States 

6 Code, is amended by striking ‘‘subparagraphs (B) and 

7 (C)’’ and inserting ‘‘subparagraphs (B), (C), and (E)’’. 

8 SEC. 808. CHANGE IN AUTHORITIES RELATING TO SCOPE 

9 OF WORK VARIATIONS. 

10 Section 2853(b) of title 10, United States Code, is 

11 amended— 

12 (1) in paragraph (2), by striking ‘‘The scope of 

13 work’’ and inserting ‘‘Except as provided in para14 graph (3), the scope of work’’; and 

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

16 paragraph: 

17 ‘‘(3) The scope of work for a military construction 

18 project or for the construction, improvement, and acquisi19 tion of a military family housing project may be increased 

20 by not more than 5 percent if the Secretary concerned de21 termines that such increase is necessary to accommodate 

22 revised design criteria or new technologies not available 

23 at the time of budget submission, but only if the increase 

24 in the scope of work does not change the function of the 

25 project.’’. 


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1 SEC. 809. TREATMENT OF PROCUREMENTS ON BEHALF OF 

2 THE DEPARTMENT OF DEFENSE IN ACCORD3 ANCE WITH THE DEPARTMENT OF ENERGY’S 

4 WORK FOR OTHERS PROGRAM. 

5 (a) EXEMPTION FROM INSPECTOR GENERAL RE6 VIEWS AND DETERMINATIONS.—Subsection (a) of section 

7 801 of the National Defense Authorization Act for Fiscal 

8 Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note) 

9 is amended by adding at the end the following new para10 graph: 

11 ‘‘(7) TREATMENT OF PROCUREMENTS

12 THROUGH THE DEPARTMENT OF ENERGY.—For 

13 purposes of this subsection, the procurement of any 

14 property or services on behalf of the Department of 

15 Defense pursuant to an interagency agreement be16 tween the Department of Defense and the Depart17 ment of Energy in accordance with the Department 

18 of Energy’s Work For Others Program, where the 

19 property or services are provided by a Management 

20 and Operating contractor of the Department of En21 ergy, and are procured on behalf of the Department 

22 of Defense, shall not be considered a procurement of 

23 property or services on behalf of the Department of 

24 Defense by a covered non-defense agency.’’. 


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1 (b) EXEMPTION FROM CERTAIN CERTIFICATION RE2 QUIREMENTS.—Subsection (b) of such section is amend3 ed— 

4 (1) in paragraph (1), by striking ‘‘paragraph 

5 (2)’’ and inserting ‘‘paragraphs (2) and (4)’’; and 

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

7 paragraph: 

8 ‘‘(4) EXCEPTION FOR PROCUREMENTS IN AC9 CORDANCE WITH THE DEPARTMENT OF ENERGY’S

10 WORK FOR OTHERS PROGRAM.—The limitation in 

11 paragraph (1) shall not apply to the procurement of 

12 any property and services on behalf of the Depart13 ment of Defense pursuant to an interagency agree14 ment between the Department of Defense and the 

15 Department of Energy in accordance with the De16 partment of Energy’s Work for Others Program, 

17 where the property or services are provided by a 

18 Management and Operating contractor of the De19 partment of Energy and procured on behalf of the 

20 Department of Defense.’’. 


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1 SEC. 810. ENHANCEMENT OF REVIEW OF ACQUISITION 

2 PROCESS FOR RAPID FIELDING OF CAPABILI3 TIES IN RESPONSE TO URGENT OPER4 ATIONAL NEEDS. 

5 Section 804(b)(3) of the Ike Skelton National De6 fense Authorization Act for Fiscal Year 2011 (Public Law 

7 111–383; 124 Stat. 4256; 10 U.S.C. 2302 note) is amend8 ed— 

9 (1) by inserting ‘‘and’’ at the end of subpara10 graph (B); 

11 (2) by striking ‘‘; and’’ at the end of subpara12 graph (C) and inserting a period; and 

13 (3) by striking subparagraph (D). 

14 SEC. 811. REPEAL OF APPLICATION OF REQUIREMENT TO 

15 REVIEW ONGOING PROGRAMS INITIATED 

16 PRIOR TO CERTIFICATION UNDER SECTION 

17 2366B OF TITLE 10, UNITED STATES CODE. 

18 Subsection (b) of section 205 of the Weapon Systems 

19 Acquisition Reform Act of 2009 (Public Law 111–23; 123 

20 Stat. 1725; 10 U.S.C. 2366b note) is repealed. 

21 SEC. 812. PERMANENT AUTHORITY FOR USE OF SIM22 PLIFIED ACQUISITION PROCEDURES FOR 

23 CERTAIN COMMERCIAL ITEMS. 

24 Section 4202 of the Clinger-Cohen Act of 1996 (divi25 sion D of Public Law 104–106; 10 U.S.C. 2304 note) is 

26 amended by striking subsection (e). 


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1 SEC. 813. SPECIAL EMERGENCY PROCUREMENT AUTHOR2 ITY FOR DOMESTIC EMERGENCY OPER3 ATIONS. 

4 Section 1903(a) of title 41, United States Code, is 

5 amended— 

6 (1) by striking ‘‘or’’ at the end of paragraph 

7 (1); 

8 (2) by striking the period at the end of para9 graph (2) and inserting ‘‘; or’’; and 

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

11 paragraph: 

12 ‘‘(3) in support of a declared emergency or 

13 major disaster (as defined in paragraphs (1) and 

14 (2), respectively, of section 102 of the Robert T. 

15 Stafford Disaster Relief and Emergency Assistance 

16 Act (42 U.S.C. 5122)).’’. 

17 SEC. 814. DEFENSE COALITION REPAIR FUND. 

18 (a) ESTABLISHMENT.—There is established in the 

19 Treasury of the United States the Defense Coalition Re20 pair Fund (in this section referred to as the ‘‘Fund’’), con21 sisting of amounts credited to the Fund pursuant to sub22 section (e). 

23 (b) ADMINISTRATION.—The Fund shall be adminis24 tered by the Secretary of Defense. 


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1 (c) OBJECTIVE.—The objective of the Fund shall be 

2 to support the sale, transfer, or distribution of defense ar3 ticles to coalition partners and allied or friendly nations. 

4 (d) USE OF AMOUNTS.— 

5 (1) AUTHORITY.—In pursuit of the objective 

6 stated in subsection (c), the Secretary of Defense 

7 may authorize the Secretaries of the military depart8 ments to expend amounts from the Fund to repair, 

9 overhaul, or refurbish in-stock defense articles before 

10 distribution of those articles to coalition partners, or 

11 allied and friendly nations, in accordance with— 

12 (A) the Arms Export Control Act (22 

13 U.S.C. 2751 et seq.); 

14 (B) the Foreign Assistance Act of 1961 

15 (22 U.S.C. 2151 et seq.); or 

16 (C) any other provision of law authorizing 

17 such distributions. 

18 (2) SECRETARY OF STATE CONCURRENCE RE19 QUIRED FOR DISTRIBUTION TO FOREIGN COUN20 TRIES.—In addition to any otherwise applicable re21 quirements of law, in the case of any distribution of 

22 such repaired, overhauled, or refurbished articles 

23 under a provision of law referred to in paragraph 

24 (1)(C) that does not otherwise require the concur25 rence of the Secretary of State for such a distribuVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 tion, the distribution may be made only with the 

2 concurrence of the Secretary of State. 

3 (e) CREDITS TO THE FUND.—The following shall be 

4 credited to the Fund: 

5 (1) At the discretion of the Secretary of De6 fense, up to $50,000,000 per year of operation and 

7 maintenance funds made available to the Depart8 ment of Defense in annual defense appropriations 

9 Acts. Amounts transferred under this paragraph 

10 shall be merged with funds otherwise made available 

11 under this section and remain available until ex12 pended. 

13 (2) Notwithstanding section 114(c) of title 10, 

14 United States Code, any collection from the sale or 

15 transfer of defense articles from Department of De16 fense stocks repaired, overhauled, or refurbished 

17 with amounts from the Fund that are not intended 

18 to be replaced and that is made pursuant to section 

19 21(a)(1)(A) of the Arms Export Control Act (22 

20 U.S.C. 2761(a)(1)(A)), the Foreign Assistance Act 

21 of 1961, or other law, but not to exceed the actual 

22 value thereof. 

23 (3) Amounts authorized and appropriated, or 

24 otherwise made available, to the Fund. 


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1 (f) EXCESS PROCEEDS CREDITED TO THE SPECIAL

2 DEFENSE ACQUISITION FUND.— 

3 (1) Amounts credited to the Fund pursuant to 

4 subsection (e)(2) shall be limited to the amount of 

5 the cost incurred to repair, overhaul, or refurbish 

6 such defense articles under subsection (d)(1). 

7 (2) Amounts from sales or transfers of defense 

8 articles described in subsection (e)(2) that exceed 

9 the amounts described in paragraph (1) shall be 

10 credited to the Special Defense Acquisition Fund es11 tablished pursuant to chapter 5 of the Arms Export 

12 Control Act (22 U.S.C. 2795 et seq.). 

13 (g) TRANSFERS TO OTHER ACCOUNTS.—Amounts in 

14 the Fund may be transferred to any Department of De15 fense appropriation used to carry out activities that will 

16 further the objective stated in subsection (c). Any amount 

17 so transferred shall be merged with the appropriation to 

18 which transferred and shall be available for the same pur19 poses and the same time period as the appropriation to 

20 which transferred. 

21 (h) TRANSFERS FROM OTHER ACCOUNTS.—Upon a 

22 determination by the Secretary of Defense with respect to 

23 an amount transferred under subsection (g) that all or 

24 part of such transfer is not necessary for the purposes 

25 provided, such amount may be transferred back to the 


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1 Fund and remain available for the objective stated in sub2 section (c) notwithstanding the expiration of the period 

3 of obligation. 

4 (i) DEFINITIONS.—In this section: 

5 (1) The term ‘‘coalition partner’’ means a for6 eign country or international organization des7 ignated by the Secretary of Defense. 

8 (2) The term ‘‘defense article’’ has the meaning 

9 given that term in paragraph (3) of section 47 of the 

10 Arms Export Control Act (22 U.S.C. 2794). 

11 (j) EXPIRATION OF AUTHORITY.—The authority to 

12 use amounts in the Fund to repair, overhaul, or refurbish 

13 defense articles under this section shall expire on Sep14 tember 30, 2015. 

15 (k) EVALUATION.—Not later than February 1, 2015, 

16 the Secretary of Defense shall submit to the congressional 

17 defense committees a report on the operation of this sec18 tion. The report shall include an evaluation of the effec19 tiveness of the authority provided by this section in meet20 ing the objectives stated in subsection (c). 


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1 SEC. 815. ENHANCEMENT OF DEPARTMENT OF DEFENSE 

2 CAPABILITIES TO DETER AND RESPOND TO 

3 CONTRACTOR FRAUD. 

4 (a) WITHHOLDING OF CONTRACTUAL PAYMENTS.— 

5 Subsection (a) of section 2207 of title 10, United States 

6 Code, is amended— 

7 (1) by striking ‘‘unless that contract provides 

8 that—’’ and inserting ‘‘unless that contract provides 

9 each of the following:’’; 

10 (2) in paragraph (1)— 

11 (A) by inserting ‘‘That’’ after ‘‘(1)’’; and 

12 (B) by striking ‘‘; and’’ and inserting a pe13 riod; 

14 (3) in paragraph (2), by inserting ‘‘That,’’ after 

15 ‘‘(2)’’; and 

16 (4) by inserting after paragraph (2) the fol17 lowing new paragraphs: 

18 ‘‘(3) That with respect to a contract that could 

19 have been terminated under paragraph (1) but for 

20 the prior completion of the contract’s performance, 

21 the United States is entitled to exemplary damages 

22 as set forth in paragraph (2), in accordance with the 

23 notice and hearing process set forth in paragraph 

24 (1). 

25 ‘‘(4) That the Secretary of a military depart26 ment or head of a Defense Agency may, after notiVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 fying the contractor but pending the determination 

2 concerning exemplary damages referred to in para3 graph (2), withhold from payments otherwise due to 

4 the contractor under any contract between the con5 tractor and that military department or Defense 

6 Agency an amount that is up to 10 times the cost 

7 incurred by the contractor in giving gratuities to the 

8 officer, official, or employee concerned, as such cost 

9 is estimated by the Secretary.’’. 

10 (b) RETENTION OF DAMAGES; FRAUD FIGHTING

11 FUNDS.—Such section is further amended— 

12 (1) by redesignating subsection (b) as sub13 section (c); and 

14 (2) by inserting after subsection (a) the fol15 lowing new subsection (b): 

16 ‘‘(b) RETENTION OF DAMAGES; FRAUD FIGHTING

17 FUNDS.—(1) Exemplary damages recovered under sub18 section (a)(2), once assessed against a contractor, may be 

19 retained by the Secretary of Defense, if assessed by a De20 fense Agency, or by the Secretary of the military depart21 ment that assessed the damages against the contractor 

22 without regard to section 3302 of title 31. 

23 ‘‘(2) The Secretary of Defense and the Secretaries 

24 of the military departments shall each establish a ‘Fraud25 Fighting Fund’ (in this section referred to as the ‘Fund’) 


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1 for use by the Defense Agencies, in the case of the Fund 

2 established by the Secretary of Defense, or military de3 partment, in the case of a Fund established by the Sec4 retary of a military department, which shall be available 

5 to provide funds, in addition to funds which may be other6 wise available for activities including training, investiga7 tions, administrative proceedings, enforcement actions, 

8 and other related activities associated with deterring and 

9 preventing fraud. Exemplary damages identified in sub10 section (a)(2), once assessed against the contractor, shall 

11 be paid into the Fund and shall be available until ex12 pended.’’. 

13 (c) BURDEN OF PROOF.—Subsection (a)(1) of such 

14 section, as amended by subsection (a), is further amended 

15 by inserting ‘‘and by a preponderance of the evidence’’ 

16 after ‘‘after notice and hearing’’. 

17 (d) TECHNICAL AMENDMENTS.—Subsection (a) of 

18 such section is further amended by striking ‘‘clause (1)’’ 

19 in paragraph (2) and in the flush sentence at the end and 

20 inserting ‘‘paragraph (1)’’. 

21 (e) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to contracts that are awarded on 

23 or after the date that is 90 days after the date of the 

24 enactment of this Act. 


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1 (f) CONFORMING AMENDMENTS.—Section 2410m(a) 

2 of title 10, United States Code, is amended— 

3 (1) by inserting ‘‘or arising from an assessment 

4 of exemplary damages under section 2207 of this 

5 title,’’ after ‘‘of title 41’’; 

6 (2) by striking ‘‘or’’ at the end of paragraph 

7 (2); 

8 (3) by striking the period at the end of para9 graph (3) and inserting ‘‘; or’’; and 

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

11 paragraph: 

12 ‘‘(4) any determination under section 2207 of 

13 this title.’’. 

14 (g) PROCUREMENT REGULATIONS.—Regulations 

15 governing actions under section 2207 shall be revised to 

16 implement the amendments to section 2207 of title 10, 

17 United States Code, made by this section not later than 

18 90 days after the date of the enactment of this Act. 

19 SEC. 816. EXTENSION OF AUTHORITY FOR TASK FORCE FOR 

20 BUSINESS AND STABILITY OPERATIONS IN 

21 AFGHANISTAN. 

22 Section 1535(a) of the Ike Skelton National Defense 

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

24 383; 124 Stat. 4426), as amended by section 1534 of the 

25 National Defense Authorization Act for Fiscal Year 2012 


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1 (Public Law 112–81; 125 Stat. 1658), is further amend2 ed— 

3 (1) in the second sentence of paragraph (4)— 

4 (A) by striking ‘‘The amount of funds 

5 used’’ and inserting ‘‘The amount of funds obli6 gated’’; 

7 (B) by inserting ‘‘and $93,000,000 for fis8 cal year 2013’’ after ‘‘fiscal year 2012’’; and 

9 (C) by inserting ‘‘for fiscal year 2012’’ 

10 after ‘‘except that’’; and 

11 (2) in paragraph (7)— 

12 (A) by striking ‘‘provided in’’ and inserting 

13 ‘‘to obligate funds for projects under’’; and 

14 (B) by striking ‘‘September 30, 2012’’ and 

15 inserting ‘‘September 30, 2013’’. 

16 SEC. 817. TIMELINESS RULES FOR FILING BID PROTESTS 

17 AT THE UNITED STATES COURT OF FEDERAL 

18 CLAIMS. 

19 (a) JURISDICTION.—Paragraph (1) of section 

20 1491(b) of title 28, United States Code, is amended— 

21 (1) in the first sentence, by striking ‘‘Both the’’ 

22 and all the follows through ‘‘shall have’’ and insert23 ing ‘‘The United States Court of Federal Claims 

24 shall have’’; and 

25 (2) in the second sentence— 


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1 (A) by striking ‘‘Both the’’ and all that fol2 lows through ‘‘shall have’’ and inserting ‘‘The 

3 United States Court of Federal Claims shall 

4 have’’; and 

5 (B) by striking ‘‘is awarded.’’ and insert6 ing ‘‘is awarded, but such jurisdiction is subject 

7 to time limits as follows: 

8 ‘‘(A) A protest based upon alleged improprieties 

9 in a solicitation that are apparent before bid opening 

10 or the time set for receipt of initial proposals shall 

11 be filed before bid opening or the time set for receipt 

12 of initial proposals. In the case of a procurement 

13 where proposals are requested, alleged improprieties 

14 that do not exist in the initial solicitation but that 

15 are subsequently incorporated into the solicitation 

16 shall be protested not later than the next closing 

17 time for receipt of proposals following the incorpora18 tion. A protest that meets these time limitations that 

19 was previously filed with the Comptroller General 

20 may not be reviewed. 

21 ‘‘(B) A protest other than one covered by sub22 paragraph (A) shall be filed not later than 10 days 

23 after the basis of the protest is known or should 

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1 ducted on the basis of competitive proposals under 

2 which a debriefing is requested and, when requested, 

3 is required. In such a case, with respect to any pro4 test the basis of which is known or should have been 

5 known either before or as a result of the debriefing, 

6 the initial protest shall not be filed before the de7 briefing date offered to the protester, but shall be 

8 filed not later than 10 days after the date on which 

9 the debriefing is held. 

10 ‘‘(C) If a timely agency-level protest was pre11 viously filed, any subsequent protest to the United 

12 States Court of Federal Claims that is filed within 

13 10 days of actual or constructive knowledge of initial 

14 adverse agency action shall be considered, if the 

15 agency-level protest was filed in accordance with 

16 subparagraphs (A) and (B), unless the contracting 

17 agency imposes a more stringent time for filing the 

18 protest, in which case the agency’s time for filing 

19 shall control. In a case where an alleged impropriety 

20 in a solicitation is timely protested to a contracting 

21 agency, any subsequent protest to the United States 

22 Court of Federal Claims shall be considered timely 

23 if filed within the 10-day period provided by this 

24 subparagraph, even if filed after bid opening or the 

25 closing time for receipt of proposals. 


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1 ‘‘(D) A protest untimely on its face shall be dis2 missed. A protester shall include in its protest all in3 formation establishing the timeliness of the protest; 

4 a protester shall not be permitted to introduce for 

5 the first time in a request for reconsideration infor6 mation necessary to establish that the protest was 

7 timely. Under no circumstances may the United 

8 States Court of Federal Claims consider a protest 

9 that is untimely because it was first filed with the 

10 Government Accountability Office.’’. 

11 (b) AVAILABLE RELIEF.—Paragraph (2) of such sec12 tion is amended by striking ‘‘except that’’ and inserting 

13 ‘‘except injunctive relief shall not be combined with mone14 tary relief, and’’. 

15 (c) AGENCY DECISIONS OVERRIDING STAY OF CON16 TRACT AWARD OR PERFORMANCE.—Such section is fur17 ther amended— 

18 (1) by redesignating paragraphs (5) and (6) as 

19 paragraphs (6) and (7), respectively; and 

20 (2) by inserting after paragraph (4) the fol21 lowing new paragraph (5): 

22 ‘‘(5) The United States Court of Federal Claims shall 

23 have jurisdiction to render judgment on an action by an 

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1 ride a stay of contract award or contract performance that 

2 would otherwise be required by section 3553 of title 31.’’. 

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

4 this section shall apply to any cause of action filed 180 

5 days or more after the date of the enactment of this Act. 

6 TITLE IX—DEPARTMENT OF DE7 FENSE ORGANIZATION AND 

8 MANAGEMENT 

9 Subtitle A—Intelligence-Related 

10 Matters 

11 SEC. 901. TECHNICAL AMENDMENTS TO REFLECT CHANGE 

12 IN NAME OF NATIONAL DEFENSE INTEL13 LIGENCE COLLEGE TO NATIONAL INTEL14 LIGENCE UNIVERSITY. 

15 (a) CONFORMING AMENDMENTS TO REFLECT NAME

16 CHANGE.—Section 2161 of title 10, United States Code, 

17 is amended by striking ‘‘National Defense Intelligence 

18 College’’ each place it appears and inserting ‘‘National In19 telligence University’’. 

20 (b) CLERICAL AMENDMENTS.— 

21 (1) SECTION HEADING.—The heading of such 

22 section is amended to read as follows: 


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1 ‘‘§ 2161. Degree granting authority for National Intel2 ligence University’’. 

3 (2) TABLE OF SECTIONS.—The item related to 

4 such section in the table of sections at the beginning 

5 of chapter 108 of such title is amended to read as 

6 follows: 

‘‘2161. Degree granting authority for National Intelligence University.’’. 

7 SEC. 902. AUTHORITY TO PROVIDE GEOSPATIAL INTEL8 LIGENCE SUPPORT TO CERTAIN SECURITY 

9 ALLIANCES AND REGIONAL ORGANIZATIONS. 

10 (a) EXTENSION OF AUTHORITY TO CERTAIN SECU11 RITY ALLIANCES AND REGIONAL ORGANIZATIONS.—Sec12 tion 443(a) of title 10, United States Code, is amended 

13 by inserting ‘‘, regional organizations with defense or secu14 rity components, and security alliances of which the 

15 United States is a member’’ after ‘‘foreign countries’’. 

16 (b) CLERICAL AMENDMENTS.— 

17 (1) SECTION HEADING.—The heading of section 443 

18 of such title is amended to read as follows: 

19 ‘‘§ 443. Imagery intelligence and geospatial informa20 tion: support for foreign countries and 

21 certain security alliances and regional or22 ganizations’’ 

23 (2) TABLE OF SECTIONS.—The item relating to such 

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1 chapter I of chapter 22 of such title is amended to read 

2 as follows: 

‘‘443. Imagery intelligence and geospatial information: support for foreign countries and certain security alliances and regional organizations.’’. 

3 SEC. 903. REVISION OF SECRETARY OF DEFENSE AUTHOR4 ITY TO ENGAGE IN COMMERCIAL ACTIVITIES 

5 AS SECURITY FOR INTELLIGENCE COLLEC6 TION ACTIVITIES AND MILITARY OPER7 ATIONS ABROAD. 

8 (a) EXTENSION OF AUTHORITY TO INCLUDE ACTIVI9 TIES UNDERTAKEN AS SECURITY FOR MILITARY OPER10 ATIONS.— 

11 (1) AUTHORITY.—Subsection (a) of section 431 

12 of title 10, United States Code, is amended by in13 serting ‘‘and military operations’’ after ‘‘intelligence 

14 collection activities’’. 

15 (2) CLERICAL AMENDMENTS.—(A) The heading 

16 of such section is amended to read as follows: 

17 ‘‘§ 431. Authority to engage in commercial activities 

18 as security for intelligence collection ac19 tivities and military operations abroad’’. 

20 (B) The item relating to that section in the 

21 table of sections at the beginning of subchapter II 

22 of chapter 21 of such chapter is amended to read as 

23 follows: 


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‘‘431. Authority to engage in commercial activities as security for intelligence 

collection activities and military operations abroad.’’. 

1 (b) REPEAL OF DESIGNATION OF DEFENSE INTEL2 LIGENCE AGENCY AS REQUIRED OVERSIGHT AUTHORITY

3 WITHIN DEPARTMENT OF DEFENSE.—Section 436(4) of 

4 such title is amended— 

5 (1) by striking ‘‘within the Defense Intelligence 

6 Agency’’ and inserting ‘‘within the Department of 

7 Defense’’; and 

8 (2) by striking ‘‘management and supervision’’ 

9 and inserting ‘‘oversight’’. 

10 (c) TECHNICAL AMENDMENTS.—Section 437 of such 

11 title is amended— 

12 (1) in subsections (a) and (b), by inserting 

13 ‘‘congressional’’ before ‘‘intelligence committees’’; 

14 and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(c) CONGRESSIONAL INTELLIGENCE COMMITTEES

18 DEFINED.—In this section, the term ‘congressional intel19 ligence committees’ has the meaning given that term in 

20 section 3 of the National Security Act of 1947 (50 U.S.C. 

21 401a)).’’. 


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1 Subtitle B—Space Activities 

2 SEC. 911. REVISIONS TO POLICY ON DEVELOPMENT AND 

3 PROCUREMENT OF UNMANNED SYSTEMS. 

4 (a) REVISION TO REQUIRED POLICY.—Subsection (a) 

5 of section 941 of the John Warner National Defense Au6 thorization Act for Fiscal Year 2007 (Public Law 109– 

7 364; 120 Stat. 2083) is amended— 

8 (1) by striking ‘‘on’’ and inserting ‘‘for the con9 duct of’’; 

10 (2) by striking ‘‘procurement, and operation’’ 

11 and inserting ‘‘and for the conduct of procure12 ment,’’; 

13 (3) by inserting ‘‘manned and’’ before ‘‘un14 manned systems’’; and 

15 (4) by inserting ‘‘in a manner that is fiscally re16 sponsible and enhances warfighter capability’’ before 

17 the period at the end. 

18 (b) MODIFICATION TO ELEMENTS OF POLICY.—Sub19 section (b) of such section is amended— 

20 (1) by striking paragraphs (1) and (2) and in21 serting the following new paragraphs: 

22 ‘‘(1) An identification of those Department of 

23 Defense capabilities for which manned and un24 manned systems may address potential needs. 


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1 ‘‘(2) A thorough and objective consideration of 

2 the acquisition of manned and unmanned systems 

3 whenever a new system is to be acquired to meet a 

4 capability requirement.’’; 

5 (2) in paragraph (5), by striking ‘‘, including’’ 

6 and all that follows through ‘‘on unmanned sys7 tems’’; and 

8 (3) in paragraph (6), by striking ‘‘missions’’ 

9 and inserting ‘‘capabilities’’. 

10 (c) ROADMAP.—Such section is further amended— 

11 (1) by striking subsection (d); 

12 (2) by redesignating subsection (c) as sub13 section (d); 

14 (3) by inserting after subsection (b) the fol15 lowing new subsection (c): 

16 ‘‘(c) ROADMAP.—The Secretary of Defense shall pre17 pare and update periodically a roadmap for the policy re18 quired by subsection (a) that includes— 

19 ‘‘(1) goals for the development of unmanned 

20 system technologies to address capabilities identified 

21 pursuant to subsection (b)(1); and 

22 ‘‘(2) plans to address technical, operational, 

23 and production challenges, and gaps in capabilities, 

24 with respect to unmanned systems.’’; and 


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1 (4) in subsection (d), as redesignated by para2 graph (2), by inserting ‘‘, and implement the road3 map required by subsection (c),’’ after ‘‘subsection 

4 (a)’’. 

5 (d) CONFORMING AMENDMENT.—The heading of 

6 such section is amended by inserting ‘‘MANNED AND’’ be7 fore ‘‘UNMANNED’’. 

8 SEC. 912. REPEAL OF REQUIREMENT FOR BIENNIAL RE9 PORT ON GLOBAL POSITIONING SYSTEM. 

10 Section 2281 of title 10, United States Code, is 

11 amended by striking subsection (d). 

12 SEC. 913. REPEAL OF REQUIREMENT FOR OPERATIONALLY 

13 RESPONSIVE SPACE PROGRAM OFFICE IN DE14 PARTMENT OF DEFENSE. 

15 (a) REPEAL.—Section 2273a of title 10, United 

16 States Code is repealed. 

17 (b) CLERICAL AMENDMENT.—The table of section at 

18 the beginning of chapter 135 of such title is amended by 

19 striking the item relating to section 2273a. 

20 SEC. 914. COMMERCIAL SPACE LAUNCH COOPERATION. 

21 (a) IN GENERAL.—Chapter 135 of title 10, United 

22 States Code, is amended by adding at the end the fol23 lowing new section: 


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1 ‘‘§ 2275. Commercial space launch cooperation 

2 ‘‘(a) AUTHORITY.—The Secretary of Defense may, to 

3 assist the Secretary of Transportation in carrying out re4 sponsibilities set forth in titles 49 and 51 with respect to 

5 private sector involvement in commercial space activities 

6 and public-private partnerships pertaining to space trans7 portation infrastructure, take such actions as the Sec8 retary considers to be in the best interest of the Federal 

9 Government to do the following: 

10 ‘‘(1) Maximize the use by the private sector in 

11 the United States of the capacity of the space trans12 portation infrastructure of the Department of De13 fense. 

14 ‘‘(2) Maximize the effectiveness and efficiency 

15 of the space transportation infrastructure of the De16 partment of Defense. 

17 ‘‘(3) Reduce the cost of services provided by the 

18 Department of Defense related to space transpor19 tation infrastructure at launch support facilities and 

20 space recovery support facilities. 

21 ‘‘(4) Encourage commercial space activities by 

22 enabling investment by covered entities in the space 

23 transportation infrastructure of the Department of 

24 Defense. 

25 ‘‘(5) Foster cooperation between the Depart26 ment of Defense and covered entities. 


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1 ‘‘(b) AUTHORITY FOR CONTRACTS AND OTHER

2 AGREEMENTS RELATING TO SPACE TRANSPORTATION IN3 FRASTRUCTURE.—The Secretary of Defense— 

4 ‘‘(1) may enter into a contract or other agree5 ment with a covered entity to provide to the covered 

6 entity support and services related to the space 

7 transportation infrastructure of the Department of 

8 Defense; and 

9 ‘‘(2) upon the request of that covered entity, 

10 may include such support and services in the space 

11 launch and reentry range support requirements of 

12 the Department of Defense if— 

13 ‘‘(A) the Secretary determines that the in14 clusion of such support and services in such re15 quirements— 

16 ‘‘(i) is in the best interest of the Fed17 eral Government; 

18 ‘‘(ii) does not interfere with the re19 quirements of the Department of Defense; 

20 and 

21 ‘‘(iii) does not compete with the com22 mercial space activities of other covered en23 tities, unless that competition is in the na24 tional security interests of the United 

25 States; and 


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1 ‘‘(B) any commercial requirement included 

2 in that contract or other agreement has full 

3 non-Federal funding before the execution of the 

4 contract or other agreement. 

5 ‘‘(c) CONTRIBUTIONS.— 

6 ‘‘(1) IN GENERAL.—The Secretary of Defense 

7 may enter into contracts or other agreements with 

8 covered entities on a cooperative and voluntary basis 

9 to accept contributions of funds, services, and equip10 ment to carry out this section. 

11 ‘‘(2) USE OF CONTRIBUTIONS.—Any funds, 

12 services, or equipment accepted by the Secretary 

13 under this subsection— 

14 ‘‘(A) may be used only for the objectives 

15 specified in this section in accordance with 

16 terms of use set forth in the contract or other 

17 agreement entered into under this subsection; 

18 and 

19 ‘‘(B) shall be managed by the Secretary in 

20 accordance with regulations of the Department 

21 of Defense. 

22 ‘‘(3) REQUIREMENTS WITH RESPECT TO

23 AGREEMENTS.—A contract or other agreement en24 tered into under this subsection with a covered enti25 ty— 


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1 ‘‘(A) shall address the terms of use, owner2 ship, and disposition of the funds, services, or 

3 equipment contributed pursuant to the contract 

4 or other agreement; and 

5 ‘‘(B) shall include a provision that the cov6 ered entity will not recover the costs of its con7 tribution through any other contract or agree8 ment with the United States. 

9 ‘‘(d) DEFENSE COOPERATION SPACE LAUNCH AC10 COUNT.— 

11 ‘‘(1) ESTABLISHMENT.—There is established in 

12 the Treasury of the United States a special account 

13 to be known as the ‘Defense Cooperation Space 

14 Launch Account’. 

15 ‘‘(2) CREDITING OF FUNDS.—Funds received 

16 by the Secretary of Defense under subsection (c) 

17 shall be credited to the Defense Cooperation Space 

18 Launch Account and shall be available until ex19 pended without further authorization or appropria20 tion only for the objectives specified in this section. 

21 ‘‘(e) ANNUAL REPORT.—Not later than January 31 

22 of each year, the Secretary of Defense shall submit to the 

23 congressional defense committees a report on the funds, 

24 services, and equipment accepted and used by the Sec25 retary under this section during the previous fiscal year. 


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1 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

2 prescribe regulations to carry out this section. 

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

4 ‘‘(1) COVERED ENTITY.—The term ‘covered en5 tity’ means a non-Federal entity that— 

6 ‘‘(A) is organized under the laws of the 

7 United States or of any jurisdiction within the 

8 United States; and 

9 ‘‘(B) is engaged in commercial space ac10 tivities. 

11 ‘‘(2) LAUNCH SUPPORT FACILITIES.—The term 

12 ‘launch support facilities’ has the meaning given 

13 that term in section 50501(7) of title 51. 

14 ‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— 

15 The term ‘space recovery support facilities’ has the 

16 meaning given that term in section 50501(11) of 

17 title 51. 

18 ‘‘(4) SPACE TRANSPORTATION INFRASTRUC19 TURE.—The term ‘space transportation infrastruc20 ture’ has the meaning given that term in section 

21 50501(12) of title 51.’’. 

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

23 at the beginning of such chapter is amended by adding 

24 at the end the following new item: 

‘‘2275. Commercial space launch cooperation.’’. 


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1 TITLE X—GENERAL PROVISIONS 

2 SEC. 1001. TECHNICAL AMENDMENTS TO REPEAL STATU3 TORY REFERENCES TO UNITED STATES 

4 JOINT FORCES COMMAND. 

5 Title 10, United States Code, is amended as follows: 

6 (1)(A) Section 232 is repealed. 

7 (B) The table of sections at the beginning of 

8 chapter 9 is amended by striking the item relating 

9 to section 232. 

10 (2) Section 485(b) is amended— 

11 (A) in paragraph (5)— 

12 (i) by striking ‘‘including a description 

13 of’’ and all that follows through ‘‘(A) Spe14 cific outcomes’’ and inserting ‘‘including a 

15 description of specific outcomes’’; and 

16 (ii) by striking subparagraph (B); 

17 (B) by striking paragraph (8); and 

18 (C) by redesignating paragraph (9) as 

19 paragraph (8). 

20 (3) Section 2859(d) is amended by striking 

21 paragraph (2). 

22 (4) Section 10503(13)(B) is amended by strik23 ing clause (iii) and redesignating clause (iv) as 

24 clause (iii). 


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1 SEC. 1002. REDESIGNATION OF THE CENTER FOR HEMI2 SPHERIC DEFENSE STUDIES AS THE WILLIAM 

3 J. PERRY CENTER FOR HEMISPHERIC DE4 FENSE STUDIES. 

5 (a) REDESIGNATION.—The Department of Defense 

6 regional center for security studies known as the Center 

7 for Hemispheric Defense Studies is hereby renamed the 

8 ‘‘William J. Perry Center for Hemispheric Defense Stud9 ies’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) Section 184 of title 10, United States Code, 

12 is amended— 

13 (A) by striking ‘‘The Center for Hemi14 spheric Defense Studies’’ in subsection 

15 (b)(2)(C) and inserting ‘‘The William J. Perry 

16 Center for Hemispheric Defense Studies’’; and 

17 (B) by striking ‘‘the Center for Hemi18 spheric Defense Studies’’ in subsection (f)(5) 

19 and inserting ‘‘the William J. Perry Center for 

20 Hemispheric Defense Studies’’. 

21 (2) Section 2611(a)(2)(C) of such title is 

22 amended by striking ‘‘The Center for Hemispheric 

23 Defense Studies.’’ and inserting ‘‘The William J. 

24 Perry Center for Hemispheric Defense Studies.’’. 

25 (c) REFERENCES.—Any reference to the Department 

26 of Defense Center for Hemispheric Defense Studies in any 


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1 law, regulation, map, document, record, or other paper of 

2 the United States shall be deemed to be a reference to 

3 the William J. Perry Center for Hemispheric Defense 

4 Studies. 

5 SEC. 1003. CONGRESSIONAL FUNERAL SUPPORT. 

6 (a) ACTIVE DUTY SUPPORT.—Section 1491(a) of 

7 title 10, United States Code, is amended— 

8 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; 

9 and 

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

11 paragraph: 

12 ‘‘(2) The Secretary of Defense may, upon request of 

13 the leadership of the House of Representatives or Senate, 

14 provide a funeral honors detail and ceremonial support, 

15 to include transportation, for the funeral of a member of 

16 Congress or a delegate to Congress who dies while in of17 fice.’’. 

18 (b) NATIONAL GUARD SUPPORT.—Section 115(a) of 

19 title 32, United States Code, is amended by inserting ‘‘or 

20 a member of Congress or a delegate to Congress who dies 

21 in office’’ in the first sentence after ‘‘veteran’’. 

22 SEC. 1004. MILITARY MUSEUMS’ ACCEPTANCE OF PRIVATE 

23 SUPPORT. 

24 (a) MUSEUM SUPPORT AUTHORITY.— 


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1 (1) GENERAL.—Chapter 155 of title 10, United 

2 States Code, is amended by adding at the end the 

3 following new section: 

4 ‘‘§ 2615. Military museum support 

5 ‘‘(a) ACCEPTANCE OF GIFTS.—Notwithstanding sec6 tion 1342 of title 31, the Secretary concerned may accept 

7 services from a nonprofit entity to support a military mu8 seum program. 

9 ‘‘(b) LIMITATION ON USE OF GIFT FUNDS.—Any gift 

10 made for the purpose of assisting in the development, op11 eration, maintenance, and management of, or for the ac12 quisition of collections for, a military museum and depos13 ited into a General Gift Fund pursuant to section 2601 

14 of this title shall be available only for the purpose of devel15 opment, operation, maintenance, and management of, or 

16 for the acquisition of collections for, a military museum 

17 program. 

18 ‘‘(c) SOLICITATION OF GIFTS.—Under regulations 

19 prescribed under this section, the Secretary concerned 

20 may solicit from any person or public or private entity, 

21 for the use and benefit of a military museum program, 

22 a gift of books, manuscripts, works of art, historical arti23 facts, drawings, plans, models, and condemned or obsolete 

24 combat materiel. 


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1 ‘‘(d) LEASING.—The Secretary concerned may, in ac2 cordance with section 2667 of this title, lease real and per3 sonal property of a military museum, but not including 

4 any part of its collection, to a nonprofit entity for purposes 

5 related to the military museum program. Money rentals 

6 received from any such lease may be retained and spent 

7 by the Secretary to support the military museum program. 

8 ‘‘(e) COOPERATIVE AGREEMENTS.—The Secretary 

9 concerned may enter into a cooperative agreement with 

10 a nonprofit entity for purposes related to support of a mili11 tary museum program. 

12 ‘‘(f) EMPLOYEE STATUS.—For purposes of this sec13 tion, employees or personnel of a nonprofit entity may not 

14 be considered to be employees of the United States. 

15 ‘‘(g) REGULATIONS.— 

16 ‘‘(1) IN GENERAL.—The Secretary of Defense 

17 shall prescribe regulations to implement this section. 

18 Such regulations shall apply uniformly throughout 

19 the Department of Defense. 

20 ‘‘(2) LIMITATION.—Such regulations shall pro21 vide that solicitation of a gift, acceptance of a gift 

22 (including a gift of services), or use of a gift under 

23 this section may not occur if the nature or cir24 cumstances of the solicitation, acceptance, or use 

25 would compromise the integrity or the appearance of 


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1 integrity of any program of the Department of De2 fense or any individual involved in such program. 

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

4 ‘‘(1) The term ‘military museum program’ may 

5 include an individual museum. 

6 ‘‘(2) The term ‘nonprofit entity’ means any en7 tity— 

8 ‘‘(A) qualifying as an exempt organization 

9 under section 501(c)(3) of the Internal Revenue 

10 Code of 1986, and 

11 ‘‘(B) with a primary purpose of supporting 

12 a military museum program. 

13 ‘‘(3) The term ‘Secretary concerned’ includes 

14 the Secretary of Defense with respect to matters 

15 concerning the Defense Agencies.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of such chapter is amended 

18 by adding at the end the following new item: 

‘‘2615. Military museum support.’’. 

19 (b) CONFORMING AMENDMENT.—Section 2667(e)(1) 

20 of such title is amended by striking subparagraph (E). 


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1 SEC. 1005. CLARIFICATION OF PARTIES WITH WHOM DE2 PARTMENT OF DEFENSE MAY CONDUCT EX3 CHANGES OF REAL PROPERTY AT MILITARY 

4 INSTALLATIONS. 

5 Section 2869(a)(1) of title 10, United States Code 

6 is amended— 

7 (1) by striking ‘‘eligible’’; and 

8 (2) by striking ‘‘entity’’ both places it appears 

9 and inserting ‘‘person’’. 

10 SEC. 1006. EXTENSION OF AUTHORITY TO PROVIDE AS11 SURED BUSINESS GUARANTEES TO CAR12 RIERS PARTICIPATING IN CIVIL RESERVE AIR 

13 FLEET. 

14 (a) EXTENSION.—Subsection (k) of section 9515 of 

15 title 10, United States Code, is amended by striking ‘‘De16 cember 31, 2015’’ and inserting ‘‘December 31, 2020’’. 

17 (b) APPLICATION TO ALL SEGMENTS OF CRAF.— 

18 Such section is further amended— 

19 (1) in subsection (a)(3), by striking ‘‘pas20 senger’’; and 

21 (2) in subsection (j), by striking ‘‘, except that 

22 it only means such transportation for which the Sec23 retary of Defense has entered into a contract for the 

24 purpose of passenger travel’’. 


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1 SEC. 1007. EXTENSION OF AUTHORITY FOR JOINT TASK 

2 FORCES TO PROVIDE SUPPORT TO LAW EN3 FORCEMENT AGENCIES CONDUCTING 

4 COUNTER-TERRORISM ACTIVITIES. 

5 Subsection (b) of section 1022 of the National De6 fense Authorization Act for Fiscal Year 2004 (Public Law 

7 108–136; 10 U.S.C. 371 note) is amended by striking 

8 ‘‘fiscal years 2006 through 2012’’ and inserting ‘‘the pe9 riod ending on December 31, 2014’’. 

10 SEC. 1008. PUEBLO CHEMICAL DEPOT AND BLUE GRASS 

11 ARMY DEPOT CHEMICAL AGENT AND MUNI12 TIONS DESTRUCTION TECHNOLOGIES. 

13 (a) LIMITATION.—Section 1412 of the Department 

14 of Defense Authorization Act, 1986 (50 U.S.C. 1521), is 

15 amended by adding at the end the following new sub16 section: 

17 ‘‘(p) LIMITATION ON SUPPLEMENTAL DESTRUCTION

18 TECHNOLOGIES.—In determining the technologies to sup19 plement the neutralization destruction of the stockpile of 

20 lethal chemical agents and munitions at Pueblo Chemical 

21 Depot, Colorado, and Blue Grass Army Depot, Kentucky, 

22 the Secretary of Defense may consider the following: 

23 ‘‘(1) Explosive Destruction Technologies. 

24 ‘‘(2) Any technologies developed for treatment 

25 and disposal of agent or energetic hydrolysates, if 


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1 problems with the current on-site treatment of hy2 drolysates are encountered.’’. 

3 (b) REPEAL OF OBSOLETE PROVISION OF LAW.— 

4 Section 151 of the Floyd D. Spence National Defense Au5 thorization Act for Fiscal Year 2001 (as enacted by Public 

6 Law 106–398; 114 Stat. 1645A–30) is repealed. 

7 SEC. 1009. STREAMLINING OF PROCEDURES FOR PUR8 CHASE AND RELEASE OF MATERIALS UNDER 

9 STRATEGIC AND CRITICAL MATERIALS 

10 STOCKPILING ACT. 

11 (a) ACQUISITION OF MATERIALS.— 

12 (1) OBLIGATION OF FUNDS FOR ACQUISI13 TION.—Section 5(a) of the Strategic and Critical 

14 Materials Stock Piling Act (50 U.S.C. 98d(a)(1)) is 

15 amended— 

16 (A) in paragraph (1), by striking ‘‘Except 

17 for’’ and all that follows through ‘‘obligated or’’ 

18 and inserting ‘‘No funds may be’’; and 

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

20 paragraph; 

21 ‘‘(3) Except for acquisitions made under the author22 ity of paragraph (3) or (4) of section 6(a), no funds may 

23 be obligated for acquisition of any material under this Act 

24 until the President has submitted a full statement of the 

25 proposed acquisition to the appropriate committees of 


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1 Congress and a period of 45 days has passed from the 

2 date of the receipt of such statement by such commit3 tees.’’. 

4 (2) CONFORMING AMENDMENT.—Section 

5 9(b)(2) of such Act (50 U.S.C. 98h(b)(2)) is amend6 ed by striking ‘‘Subject to section 5(a)(1), moneys’’ 

7 and inserting ‘‘Moneys’’. 

8 (b) RELEASE OF MATERIALS NEEDED FOR NA9 TIONAL DEFENSE PURPOSES.— 

10 (1) AUTHORITY FOR PRESIDENT TO DELEGATE

11 SPECIAL DISPOSAL AUTHORITY OF THE PRESIDENT

12 FOR RELEASE FOR NATIONAL DEFENSE PUR13 POSES.—Section 7(a) of such Act (50 U.S.C. 98f(a)) 

14 is amended— 

15 (A) by striking ‘‘and’’ at the end of para16 graph (1); 

17 (B) by striking the period at the end of 

18 paragraph (2) and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) on the order of the National Defense 

22 Stockpile Manager if the President has designated 

23 the Stockpile Manager to have authority to issue re24 lease orders under this subsection and, in the case 

25 of any such order, if the Stockpile Manager deterVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 mines that the release of such materials is required 

2 for use, manufacture, or production for purposes of 

3 national defense.’’. 

4 (2) EXCLUSION FROM DELEGATION LIMITA5 TION.—Section 16 of such Act (50 U.S.C. 98h–7) is 

6 amended by striking ‘‘sections 7 and 13’’ each place 

7 it appears and inserting ‘‘sections 7(a)(1) and 13’’. 

8 SEC. 1010. REQUIREMENT FOR CERTIFICATION ONCE 

9 EVERY THREE YEARS RATHER THAN ANNU10 ALLY FOR AUTHORITY TO PROVIDE CERTAIN 

11 SUPPORT FOR COUNTER-DRUG ACTIVITIES 

12 TO SPECIFIED FOREIGN COUNTRIES. 

13 Section 1033 of the National Defense Authorization 

14 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

15 1629), as most recently amended by section 1014 of the 

16 Ike Skelton National Defense Authorization Act for Fiscal 

17 Year 2011 (Public Law 111–383; 124 Stat. 4347), is 

18 amended— 

19 (1) in subsection (f)(1), by striking ‘‘the written 

20 certification described in subsection (g) for that fis21 cal year.’’ and inserting the following: ‘‘a written 

22 certification described in subsection (g) applicable to 

23 that fiscal year. The first such certification with re24 spect to any such government may apply only to a 

25 period of one fiscal year. Subsequent certifications 


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1 with respect to any such government may apply to 

2 a period of not to exceed three fiscal years.’’; and 

3 (2) in subsection (g), in the matter preceding 

4 paragraph (1)— 

5 (A) by striking ‘‘The written’’ and insert6 ing ‘‘A written’’; and 

7 (B) by striking ‘‘for a fiscal year’’ and all 

8 that follows through the colon and inserting 

9 ‘‘with respect to a government to receive sup10 port under this section for any period of time 

11 is a certification of each of the following with 

12 respect to that government:’’. 

13 SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT UNI14 FIED COUNTER-DRUG AND COUNTERTER15 RORISM CAMPAIGN IN COLOMBIA AND OF 

16 NUMERICAL LIMITATION ON ASSIGNMENT OF 

17 UNITED STATES PERSONNEL IN COLOMBIA. 

18 Section 1021 of the Ronald W. Reagan National De19 fense Authorization Act for Fiscal Year 2005 (Public Law 

20 108–375; 118 Stat. 2042), as most recently amended by 

21 section 1007 of the National Defense Authorization Act 

22 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

23 1588), is further amended— 


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1 (1) in subsection (a)(1), by striking ‘‘In fiscal 

2 years 2005 through 2012’’ and inserting ‘‘During 

3 the period ending on December 31, 2014’’; and 

4 (2) in subsection (c), by striking ‘‘in fiscal years 

5 2005 through 2012’’ and inserting ‘‘during the pe6 riod ending on December 31, 2014,’’. 

7 SEC. 1012. TECHNICAL CLARIFICATION OF SCOPE OF PRO8 CEDURES REQUIRED FOR PERIODIC DETEN9 TION REVIEW OF INDIVIDUALS DETAINED AT 

10 UNITED STATES NAVAL STATION, GUANTA11 NAMO BAY, CUBA. 

12 (a) TECHNICAL CLARIFICATION.—In establishing 

13 and applying the procedures required by section 1023 of 

14 the National Defense Authorization Act for Fiscal Year 

15 2012 (Public Law 112–81; 125 Stat. 1564; 10 U.S.C. 801 

16 note) for implementing the periodic review process re17 quired by Executive Order No. 13567, issued on March 

18 7, 2011, as such procedures pertain to individuals de19 tained as of that date at United States Naval Station, 

20 Guantanamo Bay, Cuba, pursuant to the Authorization 

21 for Use of Military Force (Public Law 107–40; 50 U.S.C. 

22 1541 note), the Secretary of Defense may (notwith23 standing subsection (b)(3) of such section) provide that 

24 the periodic review process required by section 3 of that 

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1 tainee is described in section 1(a) of such Executive Order, 

2 as in effect on December 31, 2011. 

3 (b) NOTIFICATION OF MODIFICATION OF PROCE4 DURES.— 

5 (1) REQUIREMENT.—The Secretary of Defense 

6 shall submit to the appropriate committees of Con7 gress a notification of any modification under the 

8 authority of subsection (a) to the procedures sub9 mitted to those committees under section 1023 of 

10 the National Defense Authorization Act for Fiscal 

11 Year 2012 (Public Law 112–81; 125 Stat. 1564; 10 

12 U.S.C. 801 note). Any such notification shall be sub13 mitted not later than 15 days before the date on 

14 which such modification goes into effect. 

15 (2) APPROPRIATE COMMITTEES OF CONGRESS

16 DEFINED.—In this subsection, the term ‘‘appro17 priate committees of Congress’’ has the meaning 

18 given that term in subsection (c) of such section 

19 1023. 


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1 TITLE XI—CIVILIAN PERSONNEL 

2 MATTERS 

3 SEC. 1101. EXPANSION OF PERSONS ELIGIBLE FOR EXPE4 DITED FEDERAL HIRING FOLLOWING COM5 PLETION OF NATIONAL SECURITY EDU6 CATION PROGRAM SCHOLARSHIP. 

7 Section 802(k) of the David L. Boren National Secu8 rity Education Act of 1991 (50 U.S.C. 1902(k)) is amend9 ed to read as follows: 

10 ‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 

11 ‘‘(1) APPOINTMENT AUTHORITY.—The Sec12 retary of Defense, the Secretary of Homeland Secu13 rity, the Secretary of State, or the head of a Federal 

14 agency or office identified by the Secretary of De15 fense under subsection (g) as having national secu16 rity responsibilities— 

17 ‘‘(A) may, without regard to any provision 

18 of title 5 governing appointments in the com19 petitive service, appoint an eligible program 

20 participant— 

21 ‘‘(i) to a position in the excepted serv22 ice that is identified under clause (i) of 

23 subsection (b)(2)(A) as contributing to the 

24 national security; or 


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1 ‘‘(ii) subject to clause (ii) of such sub2 section, to a position in the excepted serv3 ice in such Federal agency or office with 

4 national security responsibilities; and 

5 ‘‘(B) may, upon satisfactory completion of 

6 two years of substantially continuous service by 

7 an incumbent who was appointed to an ex8 cepted service position under the authority of 

9 subparagraph (A), convert the appointment of 

10 such individual, without competition, to a career 

11 or career conditional appointment. 

12 ‘‘(2) ELIGIBLE PROGRAM PARTICIPANT.—For 

13 purposes of paragraph (1), the term ‘eligible pro14 gram participant’ means an individual who— 

15 ‘‘(A) has successfully completed an aca16 demic program for which a scholarship or fel17 lowship under this section was awarded; and 

18 ‘‘(B) at the time of the appointment of the 

19 individual to an excepted service position under 

20 paragraph (1)(A)— 

21 ‘‘(i) under the terms of the agreement 

22 for such individual’s scholarship or fellow23 ship that was awarded under this section, 

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1 ment or such Federal agency or office re2 ferred to in paragraph (1); 

3 ‘‘(ii) is employed by the Federal Gov4 ernment under a non-permanent appoint5 ment to a position in the excepted service 

6 that has national security responsibilities; 

7 or 

8 ‘‘(iii) is a former civilian employee of 

9 the Federal Government who has less than 

10 a one-year break of service from the indi11 vidual’s last period of Federal employment 

12 in a non-permanent appointment in the ex13 cepted service with national security re14 sponsibilities. 

15 ‘‘(3) TREATMENT OF CERTAIN SERVICE.—In 

16 the case of an individual described in paragraph 

17 (2)(B)(ii) or (2)(B)(iii) who receives an appointment 

18 under paragraph (1)(A), any period that the indi19 vidual served in a position with the Federal Govern20 ment may be counted towards satisfaction of the 

21 service requirement under paragraph (1)(B) if that 

22 service— 

23 ‘‘(A) in the case of an appointment under 

24 clause (i) of paragraph (1)(A), was in a position 

25 that is identified under clause (i) of subsection 


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1 (b)(2)(A) as contributing to the national secu2 rity; or 

3 ‘‘(B) in the case of an appointment under 

4 clause (ii) of paragraph (1)(A), was in the Fed5 eral agency or office in which the appointment 

6 under that clause is made.’’. 

7 SEC. 1102. AUTHORITY FOR TRANSPORTATION OF FAMILY 

8 HOUSEHOLD PETS OF CIVILIAN PERSONNEL 

9 DURING EVACUATION OF NON-ESSENTIAL 

10 PERSONNEL. 

11 Section 5725 of title 5, United States Code, is 

12 amended— 

13 (1) in subsection (a)(2), by inserting after ‘‘per14 sonal effects,’’ the following: ‘‘and family household 

15 pets,’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(c)(1) Authority under subsection (a) to transport 

19 family household pets of an employee includes authority 

20 for shipment and the payment of quarantine costs, if any. 

21 ‘‘(2) An employee for whom transportation of family 

22 household pets is authorized under subsection (a) may be 

23 paid reimbursement or a monetary allowance if other com24 mercial transportation means have been used. 


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1 ‘‘(3) The provision of transportation of family house2 hold pets for an employee of the Department of Defense 

3 under subsection (a) and the payment of reimbursement 

4 under paragraph (2) shall be subject to the same terms 

5 and conditions as apply under subsection 406(b)(1)(H)(iii) 

6 of title 37 with respect to family household pets of mem7 bers of the uniformed services, including limitations on the 

8 types, size, and number of pets for which transportation 

9 may be provided or reimbursement paid.’’. 

10 SEC. 1103. EXTENSION OF AUTHORITY TO FILL SHORTAGE 

11 CATEGORY POSITIONS FOR CERTAIN FED12 ERAL ACQUISITION POSITIONS FOR CIVILIAN 

13 AGENCIES. 

14 Section 1703(j) of title 41, United States Code, is 

15 amended— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘sections 3304, 5333, and 

18 5753’’ and inserting ‘‘section 3304’’; and 

19 (B) by striking ‘‘use the authorities in 

20 those sections to recruit and’’; and 

21 (2) in paragraph (2), by striking ‘‘September 

22 30, 2012’’ and inserting ‘‘September 30, 2017’’. 


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1 SEC. 1104. AUTHORITY TO WAIVE ANNUAL LIMITATIONS ON 

2 PREMIUM AND AGGREGATE PAY FOR CER3 TAIN FEDERAL CIVILIAN EMPLOYEES WORK4 ING OVERSEAS. 

5 (a) WAIVER OF LIMITATION ON PREMIUM PAY.— 

6 Section 5547 of title 5, United States Code, is amended 

7 by adding at the end the following new subsection: 

8 ‘‘(e)(1) Subsection (a) shall not apply to an employee 

9 who performs work while assigned to duty in a designated 

10 zone of armed conflict. 

11 ‘‘(2) Notwithstanding paragraph (1), no employee re12 ferred to in such paragraph may be paid premium pay 

13 under the provisions of law cited in subsection (a) to the 

14 extent that the aggregate of the basic pay and premium 

15 pay under those provisions for such employee would, in 

16 any calendar year, exceed the annual rate of salary pay17 able to the Vice President under section 104 of title 3. 

18 ‘‘(3) To the extent that a waiver under paragraph 

19 (1) results in payment of additional premium pay of a type 

20 that is normally creditable as basic pay for retirement or 

21 any other purpose, such additional pay shall not be consid22 ered to be basic pay for any purpose, nor shall it be used 

23 in computing a lump-sum payment for accumulated and 

24 accrued annual leave under section 5551. 

25 ‘‘(4) The Office of Personnel Management may pre26 scribe regulations to ensure appropriate consistency 


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1 among heads of Executive agencies in the exercise of the 

2 authority granted by this subsection. 

3 ‘‘(5) For the purpose of this subsection— 

4 ‘‘(A) ‘assigned to duty in’ refers to an employee 

5 who is officially assigned to work or duty (including 

6 serving on temporary duty) in a designated zone of 

7 armed conflict, which may include short periods 

8 away from the zone to perform work in connection 

9 with the assignment, subject to any limitations or 

10 requirements established by regulation or official 

11 policy; 

12 ‘‘(B) ‘designated zone of armed conflict’ means 

13 a foreign country or other foreign geographic area 

14 outside of the United States (as that term is defined 

15 in section 202(7) of the State Department Basic Au16 thorities Act of 1956 (22 U.S.C. 4302(7)) that is 

17 designated by the Secretary of State, in coordination 

18 with the Secretary of Defense, as an area where 

19 there are exceptional levels of armed violence. In 

20 making such a designation, the Secretary of State 

21 may consider— 

22 ‘‘(i) whether the Armed Forces of the 

23 United States are involved in hostilities in the 

24 country or area; 


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1 ‘‘(ii) whether the incidence of civil insur2 rection, civil war, terrorism, or wartime condi3 tions threatens physical harm or imminent dan4 ger to the health or well-being of United States 

5 civilian employees in the country or area; 

6 ‘‘(iii) whether the country or area has been 

7 designated a combat zone by the President 

8 under section 112(c) of the Internal Revenue 

9 Code of 1986; 

10 ‘‘(iv) whether a contingency operation in11 volving combat operations directly affects civil12 ian employees in the country or area; or 

13 ‘‘(v) any other relevant conditions and fac14 tors. 

15 ‘‘(6) The authority under this subsection expires at 

16 the close of December 31, 2015.’’. 

17 (b) WAIVER OF LIMITATION ON AGGREGATE PAY.— 

18 Section 5307 of such title is amended— 

19 (1) in subsection (a)(1), by striking ‘‘or as oth20 erwise provided under subsection (d)’’ and inserting 

21 ‘‘or as otherwise provided by this section’’; and 

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

24 ‘‘(e)(1) The preceding subsections of this section shall 

25 not apply to payments in addition to basic pay earned by 


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1 an employee during a calendar year for performing work 

2 while assigned to duty in a designated zone of armed con3 flict (as such terms are defined in section 5547(e)(5)(A) 

4 and (B)). 

5 ‘‘(2) For the purpose of this subsection, the term 

6 ‘basic pay’ includes any applicable locality-based com7 parability payment under section 5304, any applicable 

8 special rate supplement under section 5305, and any simi9 lar payment under any other provision of law. 

10 ‘‘(3) The Office of Personnel Management may pre11 scribe regulations to implement this subsection. 

12 ‘‘(4) The authority in paragraph (1) shall not apply 

13 to calendar years after 2015.’’. 

14 (c) DEPARTMENT OF DEFENSE HIGHLY QUALIFIED

15 EXPERTS.—Section 9903(d) of such title is amended— 

16 (1) in subparagraph (1) by striking ‘‘12-month 

17 period’’ and inserting ‘‘calendar year’’; and 

18 (2) in subparagraph (2)(B) by striking ‘‘in sup19 port of a contingency operation (as defined by sec20 tion 101 (a)(13) of title 10’’ and inserting ‘‘to duty 

21 in a designated zone of armed conflict (as such 

22 terms are defined in section 5547(e)(5)(A) and 

23 (B)’’. 


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1 (d) EFFECTIVE DATE.—(1) The amendments made 

2 by subsection (a) shall apply to premium payments pay3 able on or after January 1, 2013. 

4 (2) The amendments made by subsections (b) and (c) 

5 shall take effect on January 1, 2013. 

6 TITLE XII—MATTERS RELATING 

7 TO FOREIGN NATIONS 

8 SEC. 1201. IMPROVED ADMINISTRATION OF THE AMER9 ICAN, BRITISH, CANADIAN, AND AUSTRALIAN 

10 ARMIES’ PROGRAM. 

11 (a) AUTHORITY.—Chapter 6 of title 10, United 

12 States Code, is amended by adding at the end the fol13 lowing new section: 

14 ‘‘§ 168a. American, British, Canadian, and Australian 

15 Armies’ Program: administration; agree16 ments with other participating countries 

17 ‘‘(a) AUTHORITY.—As part of the participation by 

18 the United States in the land-force program known as the 

19 American, British, Canadian, and Australian Armies’ Pro20 gram (in this section referred to as the ‘Program’), the 

21 Secretary of Defense, with the concurrence of the Sec22 retary of State, may enter into agreements with the other 

23 participating countries in accordance with this section, 

24 and the Program shall be managed pursuant to a joint 

25 agreement among the participating countries. 


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1 ‘‘(b) PARTICIPATING COUNTRIES.—In addition to the 

2 United States, the countries participating in the Program 

3 are the following: 

4 ‘‘(1) Australia. 

5 ‘‘(2) Canada. 

6 ‘‘(3) New Zealand. 

7 ‘‘(4) The United Kingdom. 

8 ‘‘(c) CONTRIBUTIONS BY PARTICIPANTS.—(1) An 

9 agreement under subsection (a) shall provide that each 

10 participating country shall contribute to the Program (A) 

11 its equitable share of the full cost for the Program, includ12 ing the full cost of overhead and administrative costs re13 lated to the Program, and (B) any amount allocated to 

14 it in accordance with the agreement for the cost for mone15 tary claims asserted against any participating country as 

16 a result of participation in the Program. 

17 ‘‘(2) Such an agreement shall also provide that each 

18 participating country (including the United States) may 

19 provide its contribution for its equitable share under the 

20 agreement in funds, in personal property, or in services 

21 required for the Program (or in any combination thereof). 

22 ‘‘(3) Any contribution by the United States to the 

23 Program that is provided in funds shall be made from 

24 funds available to the Department of Defense for oper25 ation and maintenance. 


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1 ‘‘(4) Any contribution received by the United States 

2 from another participating country to meet that country’s 

3 share of the costs of the Program shall be credited to ap4 propriations available to the Department of Defense, as 

5 determined by the Secretary of Defense. The amount of 

6 a contribution credited to an appropriation account in con7 nection with the Program shall be available only for pay8 ment of the share of the Program expenses allocated to 

9 the participating country making the contribution. 

10 Amounts so credited shall be available for the following 

11 purposes: 

12 ‘‘(A) Payments to contractors and other sup13 pliers (including the Department of Defense and 

14 participating countries acting as suppliers) for nec15 essary goods and services of the Program. 

16 ‘‘(B) Payments for any damages and costs re17 sulting from the performance or cancellation of any 

18 contract or other obligation in support of the Pro19 gram. 

20 ‘‘(C) Payments for a monetary claim against a 

21 participating country as a result of the participation 

22 of that country in the Program. 

23 ‘‘(D) Payments or reimbursements of other 

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1 trative costs for any administrative office for the 

2 Program. 

3 ‘‘(E) Refunds to other participating countries. 

4 ‘‘(5) Costs for the operation of any office established 

5 to carry out the Program shall be borne jointly by the 

6 participating countries as provided for in an agreement 

7 referred to in subsection (a). 

8 ‘‘(d) AUTHORITY TO CONTRACT FOR PROGRAM AC9 TIVITIES.—As part of the participation by the United 

10 States in the Program, the Secretary of Defense may 

11 enter into contracts or incur other obligations on behalf 

12 of the other participating countries for activities under the 

13 Program. Any payment for such a contract or other obli14 gation under this subsection may be paid only from con15 tributions credited to an appropriation under subsection 

16 (c)(4). 

17 ‘‘(e) DISPOSAL OF PROPERTY.—As part of the par18 ticipation by the United States in the Program, the Sec19 retary of Defense may, with respect to any property that 

20 is jointly acquired by the countries participating in the 

21 Program, agree to the disposal of the property without re22 gard to any law of the United States that is otherwise 

23 applicable to the disposal of property owned by the United 

24 States. Such disposal may include the transfer of the in25 terest of the United States in the property to one or more 


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1 of the other participating countries or the sale of the prop2 erty. Reimbursement for the value of the property dis3 posed of (including the value of the interest of the United 

4 States in the property) shall be made in accordance with 

5 an agreement under subsection (a).’’. 

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

7 at the beginning of such chapter is amended by adding 

8 at the end the following new item: 

‘‘168a. American, British, Canadian, and Australian Armies’ Program: administration; agreements with other participating countries.’’. 

9 SEC. 1202. THREE-YEAR EXTENSION OF AUTHORITY FOR 

10 NON-RECIPROCAL EXCHANGES OF DEFENSE 

11 PERSONNEL BETWEEN THE UNITED STATES 

12 AND FOREIGN COUNTRIES. 

13 Section 1207(f) of the National Defense Authoriza14 tion Act for Fiscal Year 2010 (Public Law 111–84; 10 

15 U.S.C. 168 note) is amended by striking ‘‘September 30, 

16 2012’’ and inserting ‘‘September 30, 2015’’. 

17 SEC. 1203. REPEAL OF REQUIREMENT FOR ADVANCE NOTI18 FICATION TO CONGRESS OF TRANSFER OF 

19 CERTAIN EXCESS DEFENSE ARTICLES. 

20 Section 516(f)(1) of the Foreign Assistance Act (22 

21 U.S.C. 2321j(f)(1)) is amended by striking ‘‘excess de22 fense articles that are significant military equipment (as 

23 defined in section 47(9) of the Arms Export Control Act) 

24 or’’. 


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1 SEC. 1204. DESIGNATION OF ADDITIONAL ‘‘HIGH INCOME’’ 

2 COUNTRIES PROHIBITED FROM RECEIVING 

3 INTERNATIONAL MILITARY EDUCATION AND 

4 TRAINING GRANT ASSISTANCE UNDER CHAP5 TER 5 OF THE FOREIGN ASSISTANCE ACT. 

6 Section 546(b) of the Foreign Assistance Act of 1961 

7 (22 U.S.C. 2347e(b)) is amended by striking ‘‘and Spain’’ 

8 and inserting ‘‘Spain, Saudi Arabia, Kuwait, United Arab 

9 Emirates, Qatar, Brunei, Ireland, Sweden, Switzerland, 

10 and Taiwan’’. 

11 SEC. 1205. AUTHORITY TO SUPPORT OPERATIONS AND AC12 TIVITIES OF THE OFFICE OF SECURITY CO13 OPERATION IN IRAQ. 

14 (a) AUTHORITY.—Subsection (b) of section 1215 of 

15 the National Defense Authorization Act for Fiscal Year 

16 2012 (Public Law 112–81; 125 Stat. 1631) is amended— 

17 (1) by striking ‘‘SUPPORT.—The operations’’ 

18 and inserting ‘‘SUPPORT.— 

19 ‘‘(1) IN GENERAL.—The operations’’; and 

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

21 paragraph: 

22 ‘‘(2) TRAIN AND ASSIST.—The operations and 

23 activities that may be carried out by the Office of 

24 Security Cooperation in Iraq using funds provided 

25 under subsection (a) may, with the concurrence of 


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1 the Secretary of State, include training and assisting 

2 Iraqi Ministry of Defense personnel.’’. 

3 (b) LIMITATION.—Subsection (c) of such section is 

4 amended by striking ‘‘in fiscal year 2012 may not exceed 

5 $524,000,000’’ and inserting ‘‘in fiscal year 2013 may not 

6 exceed $508,000,000’’. 

7 (c) SOURCE OF FUNDS.—Subsection (d) of such sec8 tion is amended by striking ‘‘fiscal year 2012’’ and insert9 ing ‘‘fiscal year 2013’’. 

10 SEC. 1206. UNITED STATES PARTICIPATION IN HEAD11 QUARTERS EUROCORPS. 

12 (a) PARTICIPATION AUTHORIZED.—The Secretary of 

13 Defense may, with the concurrence of the Secretary of 

14 State, authorize the participation of members of the 

15 Armed Forces and Department of Defense civilian per16 sonnel as members of the staff of Headquarters Eurocorps 

17 for the purpose of integrating United States subject mat18 ter experts into the nucleus of the growing defense struc19 ture of the European Union. 

20 (b) MEMORANDUM OF UNDERSTANDING.— 

21 (1) REQUIREMENT.—The participation of mem22 bers of the Armed Forces or Department of Defense 

23 civilian personnel as members of the staff of Head24 quarters Eurocorps shall be in accordance with the 

25 terms of one or more memoranda of understanding 


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1 entered into by the Secretary of Defense, with the 

2 concurrence of the Secretary of State, and Head3 quarters Eurocorps. 

4 (2) COST-SHARING ARRANGEMENTS.—If De5 partment of Defense facilities, equipment, or funds 

6 are used to support Headquarters Eurocorps, the 

7 memoranda of understanding under paragraph (1) 

8 shall provide details of any cost-sharing arrangement 

9 or other funding arrangement. 

10 (c) AVAILABILITY OF APPROPRIATED FUNDS.— 

11 (1) AVAILABILITY.—Funds appropriated to the 

12 Department of Defense for operation and mainte13 nance are available as follows: 

14 (A) To pay the United States’ share of the 

15 operating expenses of the Headquarters 

16 Eurocorps. 

17 (B) To pay the costs of the participation 

18 of members of the Armed Forces and Depart19 ment of Defense civilian personnel participating 

20 as members of the staff of the Headquarters 

21 Eurocorps, including the costs of expenses of 

22 such participants. 

23 (2) LIMITATION.—No funds may be used under 

24 this section to fund the pay or salaries of members 

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1 vilian personnel who participate as members of the 

2 staff of the Headquarters, North Atlantic Treaty 

3 Organization (NATO) Rapid Deployable Corps 

4 under this section. 

5 (d) DEFINITION.—The term ‘‘Headquarters 

6 Eurocorps’’ refers to the multinational military head7 quarters, established on October 1, 1993, which is one of 

8 the High Readiness Forces (Land) associated with the Al9 lied Rapid Reaction Corps of NATO. 

10 SEC. 1207. DEPARTMENT OF DEFENSE PARTICIPATION IN 

11 EUROPEAN PROGRAM ON MULTILATERAL EX12 CHANGE OF AIR TRANSPORTATION AND AIR 

13 REFUELING SERVICES. 

14 (a) PARTICIPATION AUTHORIZED.— 

15 (1) IN GENERAL.—The Secretary of Defense 

16 may, with the concurrence of the Secretary of State, 

17 authorize the participation of the United States in 

18 the Air Transport, Air-to-Air Refueling and other 

19 Exchanges of Services program (in this section re20 ferred to as the ‘‘ATARES program’’) of the Move21 ment Coordination Centre Europe. 

22 (2) SCOPE OF PARTICIPATION.—Participation 

23 in the ATARES program under paragraph (1) shall 

24 be limited to the reciprocal exchange or transfer of 

25 air transportation and air refueling services on a reVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 imbursable basis or by replacement-in-kind or the 

2 exchange of air transportation or air refueling serv3 ices of an equal value. 

4 (3) LIMITATION.—The United States’ balance 

5 of executed flight hours, whether as credits or deb6 its, in participation in the ATARES program under 

7 paragraph (1) may not exceed 500 hours. 

8 (b) WRITTEN ARRANGEMENTS OR AGREEMENTS.— 

9 (1) ARRANGEMENTS OR AGREEMENT RE10 QUIRED.—The participation of the United States in 

11 the ATARES program under subsection (a) shall be 

12 in accordance with a written arrangement or agree13 ment entered into by the Secretary of Defense, with 

14 the concurrence of the Secretary of State, and the 

15 Movement Coordination Centre Europe. 

16 (2) FUNDING ARRANGEMENTS.—If Department 

17 of Defense facilities, equipment, or funds are used to 

18 support the ATARES program, the written arrange19 ment or agreement under paragraph (1) shall specify 

20 the details of any equitable cost sharing or other 

21 funding arrangement. 

22 (3) OTHER ELEMENTS.—Any written arrange23 ment or agreement entered into under paragraph (1) 

24 shall require that any accrued credits and liabilities 

25 resulting from an unequal exchange or transfer of 


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1 air transportation or air refueling services shall be 

2 liquidated, not less than once every five years, 

3 through the ATARES program. 

4 (c) IMPLEMENTATION.—In carrying out any written 

5 arrangement or agreement entered into under subsection 

6 (b), the Secretary of Defense may— 

7 (1) pay the United States’ equitable share of 

8 the operating expenses of the Movement Coordina9 tion Centre Europe and the ATARES consortium 

10 from funds available to the Department of Defense 

11 for operation and maintenance; and 

12 (2) assign members of the Armed Forces or De13 partment of Defense civilian personnel, from among 

14 members and personnel within billets authorized for 

15 the United States European Command, to duty at 

16 the Movement Coordination Centre Europe as nec17 essary to fulfill the United States’ obligations under 

18 that arrangement or agreement. 

19 (d) CREDITING OF RECEIPTS.—Any amount received 

20 by the United States in carrying out a written arrange21 ment or agreement entered into under subsection (b) shall 

22 be credited, as elected by the Secretary of Defense, to the 

23 following: 


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1 (1) The appropriation, fund, or account used in 

2 incurring the obligation for which such amount is re3 ceived. 

4 (2) An appropriation, fund, or account cur5 rently available for the purposes for which such obli6 gation was made. 

7 (e) EXPIRATION.—The authority provided by this 

8 section to participate in the ATARES program shall ex9 pire five years after the date on which the Secretary of 

10 Defense first enters into a written arrangement or agree11 ment under subsection (b). The Secretary shall publish no12 tice of such date on a public website of the Department 

13 of Defense. 

14 SEC. 1208. EXTENSION OF EXPIRATION DATE OF TRANSI15 TIONAL AUTHORITIES TO PROVIDE ASSIST16 ANCE TO ENHANCE THE CAPACITY OF 

17 COUNTERTERRORISM FORCES OF CERTAIN 

18 EAST AFRICAN COUNTRIES AND YEMEN. 

19 (a) EXPIRATION DATE.—Subsection (n) of section 

20 1207 of the National Defense Authorization Act for Fiscal 

21 Year 2012 (Public Law 112–81; 125 Stat. 1628) is 

22 amended— 

23 (1) in paragraph (1), by striking ‘‘fiscal year 

24 2012’’ and inserting ‘‘fiscal years 2012 and 2013’’; 

25 and 


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1 (2) in paragraph (4)(A)(ii), by striking ‘‘Sep2 tember 30, 2012’’ and inserting ‘‘September 30, 

3 2013’’. 

4 (b) FUNDING.—Subsection (o) of such section is 

5 amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘FISCAL YEAR 2012’’ and 

8 inserting ‘‘FISCAL YEARS 2012 AND 2013’’; 

9 (B) by inserting ‘‘and during fiscal year 

10 2013 may not exceed $450,000,000’’ after 

11 ‘‘during fiscal year 2012 may not exceed 

12 $350,000,000’’; and 

13 (C) by inserting ‘‘in each such fiscal year’’ 

14 in subparagraphs (A) and (B) after 

15 ‘‘$75,000,000 may be used’’; and 

16 (2) in paragraph (2)— 

17 (A) by striking ‘‘FISCAL YEARS 2013 AND

18 AFTER’’ and inserting ‘‘FISCAL YEARS 2014 AND

19 AFTER’’ in the subsection heading; and 

20 (B) by striking ‘‘after fiscal year 2012’’ 

21 and inserting ‘‘after fiscal year 2013’’. 


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1 SEC. 1209. THREE-YEAR EXTENSION OF AUTHORITY TO 

2 WAIVE REIMBURSEMENT OF COSTS OF AC3 TIVITIES FOR NONGOVERNMENTAL PER4 SONNEL AT DEPARTMENT OF DEFENSE RE5 GIONAL CENTERS FOR SECURITY STUDIES. 

6 Paragraph (1) of section 941(b) of the Duncan Hun7 ter National Defense Authorization Act for Fiscal Year 

8 2009 (Public Law 110–417; 10 U.S.C. 184 note), is 

9 amended by striking ‘‘through 2012’’ and inserting 

10 ‘‘through 2015’’. 

11 SEC. 1210. EXTENSION AND EXPANSION OF AUTHORITY TO 

12 ACQUIRE PRODUCTS AND SERVICES PRO13 DUCED IN COUNTRIES ALONG A MAJOR 

14 ROUTE OF SUPPLY TO AFGHANISTAN. 

15 (a) EXTENSION OF TERMINATION DATE.—Sub16 section (f) of section 801 of the National Defense Author17 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

18 Stat. 2399) is amended by striking ‘‘on or after the date 

19 occurring three years after the date of the enactment of 

20 this Act’’ and inserting ‘‘after December 31, 2014’’. 

21 (b) EXPANSION OF AUTHORITY TO COVER FORCES

22 OF THE UNITED STATES AND COALITION FORCES.—Sub23 section (b)(1)(C) of such section is amended by inserting 

24 ‘‘, the United States, or coalition forces’’ before the semi25 colon at the end. 


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1 (c) REPEAL OF EXPIRED REPORT REQUIREMENT.— 

2 Subsection (g) of such section is repealed. 

3 (d) CLERICAL AMENDMENT.—The heading of such 

4 section is amended by striking ‘‘; REPORT’’. 

5 SEC. 1211. EXTENSION OF COMMANDERS’ EMERGENCY RE6 SPONSE PROGRAM IN AFGHANISTAN. 

7 (a) EXTENSION OF CERP AUTHORITY.—Subsection 

8 (a) of section 1201 of the National Defense Authorization 

9 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

10 1619) is amended— 

11 (1) in the subsection heading, by striking ‘‘FIS12 CAL YEAR 2012’’ and inserting ‘‘FISCAL YEAR

13 2013’’; and 

14 (2) by striking ‘‘fiscal year 2012’’ and inserting 

15 ‘‘fiscal year 2013’’. 

16 (b) EXTENSION OF AUTHORITY TO ACCEPT CON17 TRIBUTIONS.—Subsection (f) of such section is amended 

18 by striking ‘‘in fiscal year 2012’’ and inserting ‘‘during 

19 any period during which the authority in subsection (a) 

20 is in effect’’. 

21 SEC. 1212. EXTENSION OF AUTHORITIES RELATING TO PRO22 GRAM TO BUILD THE CAPACITY OF FOREIGN 

23 MILITARY FORCES. 

24 Section 1206(g) of the National Defense Authoriza25 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 


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1 Stat. 3456), as most recently amended by section 1204(c) 

2 of the National Defense Authorization Act for Fiscal Year 

3 2012 (Public Law 112–81; 125 Stat. 1622), is further 

4 amended— 

5 (1) by striking ‘‘September 30, 2013’’ and in6 serting ‘‘September 30, 2014’’; and 

7 (2) by striking ‘‘fiscal years 2006 through 

8 2013’’ and inserting ‘‘fiscal years 2006 through 

9 2014’’. 

10 SEC. 1213. ONE-YEAR EXTENSION OF AUTHORITY TO USE 

11 FUNDS FOR REINTEGRATION ACTIVITIES IN 

12 AFGHANISTAN. 

13 Section 1216 of the Ike Skelton National Defense 

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

15 383; 124 Stat. 4392), as amended by section 1216 of the 

16 National Defense Authorization Act for Fiscal Year 2012 

17 (Public Law 112–81; 125 Stat. 1632), is amended— 

18 (1) in subsection (a)— 

19 (A) by striking ‘‘$50,000,000’’ and insert20 ing ‘‘$35,000,000’’; and 

21 (B) by striking ‘‘in each of fiscal years 

22 2011 and 2012’’ and inserting ‘‘for fiscal year 

23 2013’’; and 

24 (2) in subsection (e)— 


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1 (A) by striking ‘‘utilize funds’’ and insert2 ing ‘‘obligate funds’’; and 

3 (B) by striking ‘‘December 31, 2012’’ and 

4 inserting ‘‘December 31, 2013’’. 

5 SEC. 1214. AUTHORITY FOR FUNDS AVAILABLE IN THE 

6 JOINT IMPROVISED EXPLOSIVE DEVICE DE7 FEAT FUND TO BE USED TO SUPPORT PRO8 GRAMS THAT MITIGATE THREATS TO UNITED 

9 STATES FORCES IN AFGHANISTAN. 

10 Subsection (b) of section 1514 of the John Warner 

11 National Defense Authorization Act for Fiscal Year 2007 

12 (Public Law 109–364; 120 Stat. 2439) is amended— 

13 (1) by inserting ‘‘(1)’’ after ‘‘USE OF FUNDS.— 

14 ’’; and 

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

16 paragraph: 

17 ‘‘(2) In addition, funds in the Joint Improvised Ex18 plosive Device Defeat Fund for the purposes stated in 

19 paragraph (1) shall, with the concurrence of the Secretary 

20 of State, be available for the purpose of monitoring, dis21 rupting, and interdicting the movement of explosive device 

22 precursors from a country that borders Afghanistan to a 

23 location within Afghanistan. For a country in which the 

24 actions and activities described in the preceding sentence 

25 are carried out, such funds may, with the concurrence of 


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1 the Secretary of State, also be used to train and equip 

2 the security forces of that country that support those 

3 counter-improvised explosive device missions.’’. 

4 SEC. 1215. ONE-YEAR EXTENSION AND MODIFICATION OF 

5 THE AUTHORITY TO CARRY OUT INFRA6 STRUCTURE PROJECTS IN AFGHANISTAN. 

7 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Sub8 section (f) of section 1217 of the Ike Skelton National De9 fense Authorization Act for Fiscal Year 2011 (Public Law 

10 111–383; 22 U.S.C. 7513 note) is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘up to $400,000,000 of’’; 

13 (B) by striking ‘‘for fiscal year 2012’’; and 

14 (C) by striking ‘‘under subsection (a).’’ 

15 and inserting ‘‘under subsection (a) in amounts 

16 as follows: 

17 ‘‘(A) From funds for fiscal year 2012, up 

18 to $400,000,000. 

19 ‘‘(B) From funds for fiscal year 2013, up 

20 to $400,000,000.’’; and 

21 (2) in paragraph (3)— 

22 (A) by striking subparagraph (A); 

23 (B) by redesignating subparagraph (B) as 

24 subparagraph (A); and 


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

2 subparagraph (B): 

3 ‘‘(B) In the case of funds for fiscal year 

4 2013, until September 30, 2014.’’. 

5 (b) TRANSFERS.—Such subsection is further amend6 ed by adding at the end the following new paragraph: 

7 ‘‘(4) TRANSFER AUTHORITY.—(A) From funds 

8 made available to the Department of Defense, the 

9 Secretary of Defense may transfer up to 

10 $200,000,000 into the Afghanistan Infrastructure 

11 Fund in fiscal year 2013. 

12 ‘‘(B) Funds transferred to the Fund under sub13 paragraph (A) shall be merged with funds in the 

14 Fund and shall remain available until September 30, 

15 2014. 

16 ‘‘(C) The authority to transfer funds under 

17 subparagraph (A) is in addition to any other author18 ity available to the Department of Defense to trans19 fer funds. 

20 ‘‘(D) Whenever funds are transferred to the 

21 Fund under subparagraph (A) for any fiscal year, 

22 the limitation in effect for that fiscal year under 

23 paragraph (1) shall be deemed to be increased by 

24 the amount transferred.’’. 


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1 SEC. 1216. 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 1213 of the 

9 National Defense Authorization Act for Fiscal Year 2012 

10 (Public Law 112–81; 125 Stat. 1630), is further amend11 ed— 

12 (1) by striking ‘‘for fiscal year 2012’’; and 

13 (2) by inserting ‘‘, during the period ending on 

14 September 13, 2014,’’ after ‘‘Secretary of Defense’’. 

15 (b) LIMITATION ON AMOUNT AVAILABLE.—Sub16 section (d)(1) of such section is amended by striking ‘‘dur17 ing fiscal year 2012 may not exceed $1,690,000,000’’ and 

18 inserting ‘‘may not exceed $1,750,000,000 during each of 

19 fiscal year 2013 and 2014’’. 

20 (c) SUPPORTED OPERATIONS.—Such section is fur21 ther amended by striking ‘‘Operation Iraqi Freedom or’’ 

22 in subsections (a)(1) and (b). 


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1 TITLE XIII—OTHER 

2 AUTHORIZATIONS 

3 Subtitle A—Military Programs 

4 SEC. 1301. WORKING CAPITAL FUNDS. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2013 for the use of the Armed Forces and other 

7 activities and agencies of the Department of Defense for 

8 providing capital for the Defense Working Capital Funds 

9 in the amount of $1,516,184,000. 

10 SEC. 1302. NATIONAL DEFENSE SEALIFT FUND. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2013 for the National Defense Sealift Fund 

13 in the amount of $608,136,000. 

14 SEC. 1303. JOINT URGENT OPERATIONAL NEEDS FUND. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2013 for the Joint Urgent Operational Needs 

17 Fund in the amount of $99,477,000. 

18 SEC. 1304. CHEMICAL AGENTS AND MUNITIONS DESTRUC19 TION, DEFENSE. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

21 are hereby authorized to be appropriated for the Depart22 ment of Defense for fiscal year 2013 for expenses, not oth23 erwise provided for, for Chemical Agents and Munitions 

24 Destruction, Defense, in the amount of $1,301,786,000, 

25 of which— 


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1 (1) $635,843,000 is for Operation and Mainte2 nance; 

3 (2) $647,351,000 is for Research, Development, 

4 Test, and Evaluation; and 

5 (3) $18,592,000 is for Procurement. 

6 (b) USE.—Amounts authorized to be appropriated 

7 under subsection (a) are authorized for— 

8 (1) the destruction of lethal chemical agents 

9 and munitions in accordance with section 1412 of 

10 the Department of Defense Authorization Act, 1986 

11 (50 U.S.C. 1521); and 

12 (2) the destruction of chemical warfare materiel 

13 of the United States that is not covered by section 

14 1412 of such Act. 

15 SEC. 1305. DRUG INTERDICTION AND COUNTER-DRUG AC16 TIVITIES, DEFENSE-WIDE. 

17 Funds are hereby authorized to be appropriated for 

18 the Department of Defense for fiscal year 2013 for ex19 penses, not otherwise provided for, for Drug Interdiction 

20 and Counter-Drug Activities, Defense-wide, in the amount 

21 of $999,363,000. 

22 SEC. 1306. DEFENSE INSPECTOR GENERAL. 

23 Funds are hereby authorized to be appropriated for 

24 the Department of Defense for fiscal year 2013 for ex25 penses, not otherwise provided for, for the Office of the 


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1 Inspector General of the Department of Defense, in the 

2 amount of $273,821,000, of which— 

3 (1) $272,821,000 is for Operation and Mainte4 nance; and 

5 (2) $1,000,000 is for Procurement. 

6 SEC. 1307. DEFENSE HEALTH PROGRAM. 

7 Funds are hereby authorized to be appropriated for 

8 the Department of Defense for fiscal year 2013 for ex9 penses, not otherwise provided for, for the Defense Health 

10 Program, in the amount of $32,980,718,000, of which— 

11 (1) $31,801,279,000 is for Operation and 

12 Maintenance; 

13 (2) $672,977,000 is for Research, Development, 

14 Test, and Evaluation; and 

15 (3) $506,462,000 is for Procurement. 

16 Subtitle B—Other Matters 

17 SEC. 1311. AUTHORIZATION OF APPROPRIATIONS FOR 

18 ARMED FORCES RETIREMENT HOME. 

19 There is hereby authorized to be appropriated for fis20 cal year 2013 from the Armed Forces Retirement Home 

21 Trust Fund the sum of $67,590,000 for the operation of 

22 the Armed Forces Retirement Home. 


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1 SEC. 1312. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

2 DEPARTMENT OF DEFENSE–DEPARTMENT OF 

3 VETERANS AFFAIRS MEDICAL FACILITY DEM4 ONSTRATION FUND FOR CAPTAIN JAMES A. 

5 LOVELL HEALTH CARE CENTER, ILLINOIS. 

6 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

7 funds authorized to be appropriated for section 1307 and 

8 available for the Defense Health Program for operation 

9 and maintenance, $139,204,000 may be transferred by the 

10 Secretary of Defense to the Joint Department of Defense– 

11 Department of Veterans Affairs Medical Facility Dem12 onstration Fund established by subsection (a)(1) of sec13 tion 1704 of the National Defense Authorization Act for 

14 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 

15 For purposes of subsection (a)(2) of such section 1704, 

16 any funds so transferred shall be treated as amounts au17 thorized and appropriated specifically for the purpose of 

18 such a transfer. 

19 (b) USE OF TRANSFERRED FUNDS.—For the pur20 poses of subsection (b) of such section 1704, facility oper21 ations for which funds transferred under subsection (a) 

22 may be used are operations of the Captain James A. 

23 Lovell Federal Health Care Center, consisting of the 

24 North Chicago Veterans Affairs Medical Center, the Navy 

25 Ambulatory Care Center, and supporting facilities des26 ignated as a combined Federal medical facility under an 


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1 operational agreement covered by section 706 of the Dun2 can Hunter National Defense Authorization Act for Fiscal 

3 Year 2009 (Public Law 110–417; 122 Stat. 4500). 

4 TITLE XIV—AUTHORIZATION OF 

5 ADDITIONAL APPROPRIA6 TIONS FOR OVERSEAS CON7 TINGENCY OPERATIONS FOR 

8 FISCAL YEAR 2013 

9 SEC. 1401. PURPOSE. 

10 The purpose of this title is to authorize appropria11 tions for the Department of Defense for fiscal year 2013 

12 to provide additional funds for overseas contingency oper13 ations being carried out by the Armed Forces. 

14 SEC. 1402. ARMY PROCUREMENT. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2013 for procurement for the Army in amounts 

17 as follows: 

18 (1) For aircraft procurement, $486,200,000. 

19 (2) For missile procurement, $49,653,000. 

20 (3) For weapons and tracked combat vehicles 

21 procurement, $15,422,000. 

22 (4) For ammunition procurement, 

23 $357,493,000. 

24 (5) For other procurement, $2,015,907,000. 


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1 SEC. 1403. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

2 FUND. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2013 for the Joint Improvised Explosive Device 

5 Defeat Fund in the amount of $1,675,400,000. 

6 SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2013 for procurement for the Navy and Marine 

9 Corps in amounts as follows: 

10 (1) For aircraft procurement, Navy, 

11 $164,582,000. 

12 (2) For weapons procurement, Navy, 

13 $23,500,000. 

14 (3) For ammunition procurement, Navy and 

15 Marine Corps, $285,747,000. 

16 (4) For other procurement, Navy, $98,882,000. 

17 (5) For procurement, Marine Corps, 

18 $943,683,000. 

19 SEC. 1405. AIR FORCE PROCUREMENT. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2013 for procurement for the Air Force in 

22 amounts as follows: 

23 (1) For aircraft procurement, $305,600,000. 

24 (2) For ammunition procurement, 

25 $116,203,000. 

26 (3) For missile procurement, $34,350,000. 


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1 (4) For other procurement, $2,818,270,000. 

2 SEC. 1406. JOINT URGENT OPERATIONAL NEEDS FUND. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2013 for the Joint Urgent Operational Needs 

5 Fund in the amount of $100,000,000. 

6 SEC. 1407. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2013 for the procurement account for Defense9 wide activities in the amount of $196,349,000. 

10 SEC. 1408. RESEARCH, DEVELOPMENT, TEST, AND EVALUA11 TION. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2013 for the use of the Department of Defense 

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

15 (1) For the Army, $19,860,000. 

16 (2) For the Navy, $60,119,000. 

17 (3) For the Air Force, $53,150,000. 

18 (4) For Defense-wide activities, $112,387,000. 

19 SEC. 1409. OPERATION AND MAINTENANCE. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2013 for the use of the Armed Forces for ex22 penses, not otherwise provided for, for operation and 

23 maintenance, in amounts as follows: 

24 (1) For the Army, $28,591,441,000. 

25 (2) For the Navy, $5,880,395,000. 


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1 (3) For the Marine Corps, $4,066,340,000. 

2 (4) For the Air Force, $9,241,613,000. 

3 (5) For Defense-wide activities, 

4 $7,824,579,000. 

5 (6) For the Army Reserve, $154,537,000. 

6 (7) For the Navy Reserve, $55,924,000. 

7 (8) For the Marine Corps Reserve, 

8 $25,477,000. 

9 (9) For the Air Force Reserve, $120,618,000. 

10 (10) For the Army National Guard, 

11 $382,448,000. 

12 (11) For the Air National Guard, $19,975,000. 

13 (12) For the Afghanistan Security Forces 

14 Fund, $5,749,167,000. 

15 (13) For the Afghanistan Infrastructure Fund, 

16 $400,000,000. 

17 SEC. 1410. MILITARY PERSONNEL. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2013 to the Department of Defense for military 

20 personnel accounts in the total amount of 

21 $13,788,421,000. 

22 SEC. 1411. WORKING CAPITAL FUNDS. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2013 for the use of the Armed Forces and other 

25 activities and agencies of the Department of Defense for 


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1 providing capital for working capital and revolving funds 

2 in the amount of $503,364,000. 

3 SEC. 1412. DEFENSE HEALTH PROGRAM. 

4 Funds are hereby authorized to be appropriated for 

5 the Department of Defense for fiscal year 2013 for ex6 penses, not otherwise provided for, for the Defense Health 

7 Program in the amount of $993,898,000 for operation and 

8 maintenance. 

9 SEC. 1413. DRUG INTERDICTION AND COUNTER-DRUG AC10 TIVITIES, DEFENSE-WIDE. 

11 Funds are hereby authorized to be appropriated for 

12 the Department of Defense for fiscal year 2013 for ex13 penses, not otherwise provided for, for Drug Interdiction 

14 and Counter-Drug Activities, Defense-wide in the amount 

15 of $469,025,000. 

16 SEC. 1414. DEFENSE INSPECTOR GENERAL. 

17 Funds are hereby authorized to be appropriated for 

18 the Department of Defense for fiscal year 2013 for ex19 penses, not otherwise provided for, for the Office of the 

20 Inspector General of the Department of Defense in the 

21 amount of $10,766,000. 

22 SEC. 1415. AFGHANISTAN SECURITY FORCES FUND. 

23 Funds available to the Department of Defense for the 

24 Afghanistan Security Forces Fund for fiscal year 2013 

25 shall be subject to the conditions contained in subsections 


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1 (b) through (g) of section 1513 of the National Defense 

2 Authorization Act for Fiscal Year 2008 (Public Law 110– 

3 181; 122 Stat. 428), as amended by section 1531(b) of 

4 the Ike Skelton National Defense Authorization Act for 

5 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4424). 

6 TITLE XV—MILITARY RETIRE7 MENT MODERNIZATION COM8 MISSION 

9 SEC. 1501. SHORT TITLE. 

10 This title may be cited as the ‘‘Military Retirement 

11 Modernization Commission Act’’. 

12 SEC. 1502. PURPOSE. 

13 The purpose of this title is to establish a Commission 

14 to review and make recommendations to modernize the 

15 military retirement system to ensure that the system (1) 

16 remains fiscally sustainable, and (2) supports the need to 

17 recruit and retain the highest quality personnel required 

18 for the Nation’s defense. 

19 SEC. 1503. DEFINITIONS. 

20 For the purposes of this title: 

21 (1) The term ‘‘military retirement system’’ 

22 means the provisions of law providing eligibility for 

23 and the computation of— 

24 (A) retired pay based upon service in the 

25 uniformed services; and 


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1 (B) survivor annuities based upon such 

2 service. 

3 (2) The term ‘‘uniformed services’’ has the 

4 meaning given that term in section 101(a)(5) of title 

5 10, United States Code. 

6 (3) The term ‘‘Secretary’’ means the Secretary 

7 of Defense. 

8 (4) The term ‘‘Commission’’ means the commis9 sion established under section 1504. 

10 (5) The term ‘‘Commission establishment date’’ 

11 means the first day of the first month beginning on 

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

13 (6) The terms ‘‘veterans service organization’’ 

14 and ‘‘military-related advocacy group or association’’ 

15 mean an organization the primary purpose of which 

16 is to advocate for veterans, military personnel, mili17 tary retirees, or military families. 

18 SEC. 1504. ESTABLISHMENT OF MILITARY RETIREMENT 

19 MODERNIZATION COMMISSION. 

20 (a) ESTABLISHMENT.—There is established in the ex21 ecutive branch an independent commission to be known 

22 as the Military Retirement Modernization Commission. 

23 The Commission shall be considered an independent estab24 lishment of the Federal Government as defined by section 


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1 104 of title 5, United States Code, and a temporary orga2 nization under section 3161 of such title. 

3 (b) APPOINTMENT.— 

4 (1)(A) The Commission shall be composed of 

5 nine members appointed by the President. In select6 ing individuals for appointment to the Commission, 

7 the President shall consult with— 

8 (i) the Speaker of the House of Represent9 atives concerning the appointment of two mem10 bers; 

11 (ii) the Majority Leader of the Senate con12 cerning the appointment of two members; 

13 (iii) the Minority Leader of the House of 

14 Representatives concerning the appointment of 

15 one member; and 

16 (iv) the Minority Leader of the Senate con17 cerning the appointment of one member. 

18 (B) The President shall make appointments to 

19 the Commission not later than 6 months after the 

20 Commission establishment date. 

21 (C) If the President does not make all appoint22 ments to the Commission on or before the date spec23 ified in subparagraph (B), the Commission shall be 

24 terminated. 


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1 (2) At the time the President appoints the 

2 members of the Commission, the President shall des3 ignate one of the members to be Chair of the Com4 mission. The individual designated as Chair of the 

5 Commission shall be a person who has expertise in 

6 the military retirement system. The Chair shall pre7 side over meetings of the Commission and be respon8 sible for establishing the agenda of Commission 

9 meetings and hearings. 

10 (c) QUALIFICATIONS.— 

11 (1) In appointing individuals to the Commis12 sion, the President shall ensure that— 

13 (A) there are members with significant ex14 pertise in Federal retirement systems, including 

15 the military retirement system, private sector 

16 retirement or human resource systems, and ac17 tuarial science; and 

18 (B) at least three, but no more than four, 

19 members have active-duty military experience, 

20 including— 

21 (i) at least one of whom has active22 duty experience as an enlisted member; 

23 and 

24 (ii) at least one of whom has experi25 ence as a member of a reserve component. 


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1 (2) The President may not appoint to the Com2 mission an individual who within the preceding year 

3 has been employed by a veterans service organiza4 tion or military-related advocacy group or associa5 tion, and no member of the Commission may be a 

6 member of such an organization, group, or associa7 tion. 

8 (d) TERMS.—Members shall be appointed for the life 

9 of the Commission (subject to subsection (c)(2)). A va10 cancy in the Commission shall not affect its powers, and 

11 shall be filled in the same manner as the original appoint12 ment was made. 

13 (e) MEETINGS.— 

14 (1) The Commission shall hold its initial meet15 ing not later than 30 days after the date as of which 

16 all members have been appointed. 

17 (2) After its initial meeting, the Commission 

18 shall meet upon the call of the Chair or a majority 

19 of its members. 

20 (f) QUORUM.—Five members of the Commission shall 

21 constitute a quorum, but a lesser number may hold hear22 ings. 

23 (g) STATUS AS FEDERAL EMPLOYEES.—Notwith24 standing the requirements under section 2105 of title 5, 

25 United States Code, including the required supervision 


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1 under subsection (a)(3) of such section, the members of 

2 the Commission shall be deemed Federal employees. 

3 SEC. 1505. COMMISSION HEARINGS AND MEETINGS. 

4 (a) HEARINGS AND MEETINGS.— 

5 (1) HEARINGS.—The Commission shall conduct 

6 hearings on the recommendations it is taking under 

7 consideration. Any such hearing, except a hearing in 

8 which classified information is to be considered, shall 

9 be open to the public. Any hearing open to the pub10 lic shall be announced on a Federal website at least 

11 14 days in advance. For all hearings open to the 

12 public, the Commission shall release an agenda and 

13 a listing of materials relevant to the topics to be dis14 cussed. 

15 (2) MEETINGS.—Each meeting of the Commis16 sion shall be held in public unless any member ob17 jects. 

18 (b) PUBLIC COMMENTS.— 

19 (1) The Commission shall seek written com20 ments from the general public and interested parties 

21 on measures to modernize the military retirement 

22 system. Comments shall be requested through a so23 licitation in the Federal Register and announcement 

24 on the Commission’s website. 


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1 (2) The period for the submission of comments 

2 pursuant to the solicitation under paragraph (1) 

3 shall end not earlier than 30 days after the date of 

4 the solicitation and shall end on or before the date 

5 on which the Secretary transmits the Secretary’s 

6 recommendations to the Commission under section 

7 1506(b). 

8 (3) The Commission shall consider the com9 ments submitted under this subsection when devel10 oping its recommendations. 

11 SEC. 1506. PRINCIPLES AND PROCEDURE FOR COMMISSION 

12 RECOMMENDATIONS. 

13 (a) PRINCIPLES.— 

14 (1) CONTEXT OF COMMISSION REVIEW.—The 

15 Commission shall conduct a review of the military 

16 retirement system in the context of all elements of 

17 the current military compensation system, force 

18 management objectives, and changes in life expect19 ancy and the labor force. 

20 (2) DEVELOPMENT OF COMMISSION REC21 OMMENDATIONS.— 

22 (A) CONSISTENCY WITH PRESIDENTIAL

23 PRINCIPLES.—The Commission shall develop 

24 recommendations for modernizing the military 

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1 ciples established by the President under para2 graph (3). 

3 (B) GRANDFATHERING.—The Commis4 sion’s recommendations may not apply to any 

5 person who first becomes a member of a uni6 formed service before the date of the enactment 

7 of a military retirement modernization bill pur8 suant to this title (except that such rec9 ommendations may include provisions allowing 

10 for such a member to make a voluntary election 

11 to be covered by some or all of the provisions 

12 of such recommendations). 

13 (3) PRESIDENTIAL PRINCIPLES.—Not later 

14 than 5 months after the Commission establishment 

15 date, the President shall establish and transmit to 

16 the Commission and the Congress principles for 

17 modernizing the military retirement system. The 

18 principles established by the President shall address 

19 the following: 

20 (A) Maintaining recruitment and retention 

21 of the best military personnel. 

22 (B) Modernizing the active and reserve 

23 military retirement systems. 

24 (C) Differentiating between active and re25 serve military service. 


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1 (D) Assisting with force management. 

2 (E) Ensuring budget savings. 

3 (b) SECRETARY OF DEFENSE RECOMMENDATIONS.— 

4 (1) IN GENERAL.—Not later than 9 months 

5 after the Commission establishment date, the Sec6 retary shall transmit to the Commission the Sec7 retary’s recommendations for military retirement 

8 modernization. The Secretary shall concurrently 

9 transmit the recommendations to Congress. 

10 (2) DEVELOPMENT OF RECOMMENDATIONS.— 

11 The Secretary shall develop the Secretary’s rec12 ommendations under paragraph (1)— 

13 (A) on the basis of the principles estab14 lished by the President pursuant to subsection 

15 (a)(3); and 

16 (B) in consultation with the Director of 

17 the Office of Management and Budget. 

18 (3) JUSTIFICATION.—The Secretary shall in19 clude with the recommendations under paragraph 

20 (1) the Secretary’s justification for each rec21 ommendation. 

22 (4) AVAILABILITY OF INFORMATION.—The Sec23 retary shall make available to the Commission and 

24 to Congress the information used by the Secretary 


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1 to prepare the Secretary’s recommendations under 

2 paragraph (1). 

3 (c) COMMISSION HEARINGS ON SECRETARY’S REC4 OMMENDATIONS.—After receiving from the Secretary the 

5 Secretary’s recommendations for military retirement mod6 ernization pursuant to subsection (b), the Commission 

7 shall conduct public hearings on those recommendations. 

8 (d) COMMISSION REPORT AND RECOMMENDA9 TIONS.— 

10 (1) REPORT.—Not later than 15 months after 

11 the Commission establishment date, the Commission 

12 shall transmit to the President a report containing 

13 the Commission’s findings and conclusions, together 

14 with the Commission’s recommendations for the 

15 modernization of the military retirement system. 

16 The Commission shall include in the report legisla17 tive language to implement the Commission’s rec18 ommendations. The findings and conclusions in the 

19 report shall be based on the Commission’s review 

20 and analysis of the recommendations of the Sec21 retary. 

22 (2) REQUIREMENT FOR APPROVAL.—The Com23 mission’s recommendations must be approved by at 

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1 ommendations may be transmitted to the President 

2 under paragraph (1). 

3 (3) PROCEDURES FOR CHANGING REC4 OMMENDATIONS OF SECRETARY.—The Commission 

5 may make a change described in paragraph (4) in 

6 the recommendations made by the Secretary only if 

7 the Commission— 

8 (A) determines that the change is con9 sistent with the principles established by the 

10 President under subsection (a)(3); 

11 (B) publishes a notice of the proposed 

12 change not less than 45 days before transmit13 ting its recommendations to the President pur14 suant to paragraph (1); and 

15 (C) conducts a public hearing on the pro16 posed change. 

17 (4) COVERED CHANGES.—Paragraph (3) ap18 plies to a change by the Commission in the Sec19 retary’s recommendations that would— 

20 (A) add a new recommendation; 

21 (B) delete a recommendation; or 

22 (C) substantially change a recommenda23 tion. 

24 (5) EXPLANATION AND JUSTIFICATION FOR

25 CHANGES.—The Commission shall explain and jusVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 tify in its report submitted to the President under 

2 paragraph (1) any recommendation made by the 

3 Commission that is different from the recommenda4 tions made by the Secretary pursuant to subsection 

5 (b). 

6 (6) TRANSMITTAL TO CONGRESS.—The Com7 mission shall transmit a copy of its report to the 

8 Congress on the same date on which it transmits its 

9 report to the President under paragraph (1). 

10 SEC. 1507. PRESIDENTIAL AND CONGRESSIONAL CONSID11 ERATION OF COMMISSION RECOMMENDA12 TIONS. 

13 (a) REVIEW BY THE PRESIDENT.— 

14 (1) REPORT OF PRESIDENTIAL APPROVAL OR

15 DISAPPROVAL.—Not later than 60 days after the 

16 date on which the Commission transmits its report 

17 to the President under section 1506(d), the Presi18 dent shall transmit to the Commission and to Con19 gress a report containing the President’s approval or 

20 disapproval of the Commission’s recommendations in 

21 the report. 

22 (2) PRESIDENTIAL APPROVAL.—If in the report 

23 under paragraph (1) the President approves all the 

24 recommendations of the Commission, the President 

25 shall include with the report the following: 


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1 (A) A copy of the recommendations of the 

2 Commission. 

3 (B) The President’s certification of the 

4 President’s approval of each recommendation. 

5 (C) The legislative language transmitted 

6 by the Commission to the President as part of 

7 the report of the Commission under section 

8 1506(d)(1). 

9 (3) PRESIDENTIAL DISAPPROVAL.— 

10 (A) REASONS FOR DISAPPROVAL.—If in 

11 the report under paragraph (1) the President 

12 disapproves the recommendations of the Com13 mission, in whole or in part, the President shall 

14 include in the report the reasons for that dis15 approval. 

16 (B) REVISED RECOMMENDATIONS FROM

17 COMMISSION.—The Commission shall then 

18 transmit to the President, not later than one 

19 month after the date of the report of the Presi20 dent under paragraph (1), revised recommenda21 tions for the modernization of the military re22 tirement system, together with revised legisla23 tive language to implement the Commission’s 

24 revised recommendations. 


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1 (4) ACTION ON REVISED RECOMMENDATIONS.— 

2 If the President approves all of the revised rec3 ommendations of the Commission transmitted pur4 suant to paragraph (3)(B), the President shall 

5 transmit to Congress, not later than one month after 

6 receiving the revised recommendations, the following: 

7 (A) A copy of such revised recommenda8 tions. 

9 (B) The President’s certification of the 

10 President’s approval of each recommendation as 

11 so revised. 

12 (C) The revised legislative language trans13 mitted to the President under paragraph 

14 (3)(B). 

15 (5) TERMINATION OF COMMISSION.—If the 

16 President does not transmit to Congress an approval 

17 and certification described in paragraph (2) or (4) 

18 in accordance with the applicable deadline under 

19 such paragraph, the Commission shall be terminated 

20 not later than one month after the expiration of the 

21 period for transmittal of a report under paragraph 

22 (4). 

23 (b) CONGRESSIONAL CONSIDERATION.— 

24 (1) RULEMAKING.—The provisions of this sub25 section are enacted by Congress— 


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1 (A) as an exercise of the rulemaking power 

2 of the Senate and the House of Representa3 tives, respectively, and as such they shall be 

4 considered as part of the rules of each House, 

5 respectively, or of that House to which they 

6 specifically apply, and such rules supersede 

7 other rules only to the extent that they are in8 consistent therewith; and 

9 (B) with full recognition of the constitu10 tional right of either House to change such 

11 rules (so far as relating to the procedure of that 

12 House) at any time, in the same manner and 

13 to the same extent as in the case of any other 

14 rule of that House. 

15 (2) MILITARY RETIREMENT MODERNIZATION

16 BILL.—For the purpose of this subsection, the term 

17 ‘‘military retirement modernization bill’’ means only 

18 a bill consisting of the proposed legislative language 

19 recommended by the Commission and submitted to 

20 Congress by the President pursuant to subsection 

21 (a). 

22 (3) INTRODUCTION OF LEGISLATIVE PROPOSAL

23 IN HOUSE AND SENATE.—If the President transmits 

24 to Congress under subsection (a) a copy of the rec25 ommendations of the Commission (including the legVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 islative language recommended by the Commission), 

2 together with a certification of the President’s ap3 proval of those recommendations, the proposed legis4 lative language recommended by the Commission 

5 and submitted to Congress by the President pursu6 ant to that subsection— 

7 (A) shall be introduced in the Senate (by 

8 request) on the next day on which the Senate 

9 is in session by the chairman of the Committee 

10 on Armed Services of the Senate; and 

11 (B) shall be introduced in the House of 

12 Representatives (by request) on the next legisla13 tive day by the chair of the Committee on 

14 Armed Services of the House. 

15 (4) CONSIDERATION IN THE HOUSE OF REP16 RESENTATIVES.— 

17 (A) REFERRAL AND REPORTING.—Any 

18 committee of the House of Representatives to 

19 which the military retirement modernization bill 

20 is referred shall report it to the House without 

21 amendment not later than the end of the 60- 

22 day period beginning on the date on which the 

23 bill is introduced. If a committee fails to report 

24 the Commission bill to the House within that 

25 period, it shall be in order to move that the 


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1 House discharge the committee from further 

2 consideration of the bill. Such a motion shall 

3 not be in order after the last committee author4 ized to consider the bill reports it to the House 

5 or after the House has disposed of a motion to 

6 discharge the bill. The previous question shall 

7 be considered as ordered on the motion to its 

8 adoption without intervening motion except 20 

9 minutes of debate equally divided and controlled 

10 by the proponent and an opponent. If such a 

11 motion is adopted, the House shall proceed im12 mediately to consider the Commission bill in ac13 cordance with subparagraphs (B) and (C). A 

14 motion to reconsider the vote by which the mo15 tion is disposed of shall not be in order. 

16 (B) PROCEEDING TO CONSIDERATION.— 

17 After the last committee authorized to consider 

18 a military retirement modernization bill reports 

19 it to the House or has been discharged (other 

20 than by motion) from its consideration, it shall 

21 be in order to move to proceed to consider the 

22 military retirement modernization bill in the 

23 House. Such a motion shall not be in order 

24 after the House has disposed of a motion to 

25 proceed with respect to the military retirement 


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1 modernization bill. The previous question shall 

2 be considered as ordered on the motion to its 

3 adoption without intervening motion. A motion 

4 to reconsider the vote by which the motion is 

5 disposed of shall not be in order. 

6 (C) CONSIDERATION.—The military retire7 ment modernization bill shall be considered as 

8 read. All points of order against the bill and 

9 against its consideration are waived. The pre10 vious question shall be considered as ordered on 

11 the bill to its passage without intervening mo12 tion except two hours of debate equally divided 

13 and controlled by the proponent and an oppo14 nent and one motion to limit debate on the bill. 

15 A motion to reconsider the vote on passage of 

16 the bill shall not be in order. 

17 (D) VOTE ON PASSAGE.—The vote on pas18 sage of the military retirement modernization 

19 bill shall occur not later than the end of the 90- 

20 day period beginning on the date on which the 

21 bill is introduced. 

22 (5) EXPEDITED PROCEDURE IN THE SENATE.— 

23 (A) COMMITTEE CONSIDERATION.—A mili24 tary retirement modernization bill introduced in 

25 the Senate under subsection (a) shall be jointly 


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1 referred to the committee or committees of ju2 risdiction, which committees shall report the bill 

3 without any revision and with a favorable rec4 ommendation, an unfavorable recommendation, 

5 or without recommendation, not later than the 

6 end of the 60-day period beginning on the date 

7 on which the bill is introduced. If any com8 mittee fails to report the bill within that period, 

9 that committee shall be automatically dis10 charged from consideration of the bill, and the 

11 bill shall be placed on the appropriate calendar. 

12 (B) MOTION TO PROCEED.—Notwith13 standing rule XXII of the Standing Rules of 

14 the Senate, it is in order, not later than two 

15 days of session after the date on which a mili16 tary retirement modernization bill is reported or 

17 discharged from all committees to which it was 

18 referred, for the majority leader of the Senate 

19 or the majority leader’s designee to move to 

20 proceed to the consideration of the military re21 tirement modernization bill. It shall also be in 

22 order for any Member of the Senate to move to 

23 proceed to the consideration of the military re24 tirement modernization bill at any time after 

25 the conclusion of such two-day period. A motion 


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1 to proceed is in order even though a previous 

2 motion to the same effect has been disagreed 

3 to. All points of order against the motion to 

4 proceed to the military retirement moderniza5 tion bill are waived. The motion to proceed is 

6 not debatable. The motion is not subject to a 

7 motion to postpone. A motion to reconsider the 

8 vote by which the motion is agreed to or dis9 agreed to shall not be in order. If a motion to 

10 proceed to the consideration of the military re11 tirement modernization bill is agreed to, the 

12 military retirement modernization bill shall re13 main the unfinished business until disposed of. 

14 (C) CONSIDERATION.—All points of order 

15 against the military retirement modernization 

16 bill and against consideration of the bill are 

17 waived. Consideration of the bill and of all de18 batable motions and appeals in connection 

19 therewith shall not exceed a total of 10 hours 

20 which shall be divided equally between the ma21 jority and minority leaders or their designees. A 

22 motion further to limit debate on the bill is in 

23 order, shall require an affirmative vote of three24 fifths of the Members duly chosen and sworn, 

25 and is not debatable. Any debatable motion or 


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1 appeal is debatable for not to exceed one hour, 

2 to be divided equally between those favoring 

3 and those opposing the motion or appeal. All 

4 time used for consideration of the bill, including 

5 time used for quorum calls and voting, shall be 

6 counted against the total 10 hours of consider7 ation. 

8 (D) NO AMENDMENTS.—An amendment to 

9 the Commission bill, or a motion to postpone, 

10 or a motion to proceed to the consideration of 

11 other business, or a motion to recommit the 

12 Commission bill, is not in order. 

13 (E) VOTE ON PASSAGE.—If the Senate has 

14 voted to proceed to the military retirement 

15 modernization bill, the vote on passage of the 

16 bill shall occur immediately following the con17 clusion of the debate on a military retirement 

18 modernization bill, and a single quorum call at 

19 the conclusion of the debate if requested. The 

20 vote on passage of the bill shall occur not later 

21 than the end of the 90-day period beginning on 

22 the date on which the bill is introduced. 

23 (F) RULINGS OF THE CHAIR ON PROCE24 DURE.—Appeals from the decisions of the Chair 

25 relating to the application of the rules of the 


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1 Senate, as the case may be, to the procedure re2 lating to a military retirement modernization 

3 bill shall be decided without debate. 

4 (6) AMENDMENT.—The military retirement 

5 modernization bill shall not be subject to amendment 

6 in either the House of Representatives or the Sen7 ate. 

8 (7) CONSIDERATION BY THE OTHER HOUSE.— 

9 If, before passing the military retirement moderniza10 tion bill, one House receives from the other a mili11 tary retirement modernization bill— 

12 (A) the military retirement modernization 

13 bill of the other House shall not be referred to 

14 a committee; and 

15 (B) the procedure in the receiving House 

16 shall be the same as if no military retirement 

17 modernization bill had been received from the 

18 other House until the vote on passage, when the 

19 military retirement modernization bill received 

20 from the other House shall supplant the mili21 tary retirement modernization bill of the receiv22 ing House. 


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1 SEC. 1508. AUTHORIZATION OF APPROPRIATIONS AND 

2 FUNDING. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Commission such 

5 funds as are necessary to carry out its duties under this 

6 title. 

7 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

8 or otherwise made available to the Commission to carry 

9 out its duties under this title shall remain available until 

10 expended. 

11 (c) FISCAL YEAR 2013.—In fiscal year 2013, the 

12 Secretary may transfer not more than $10,000,000 from 

13 unobligated funds of the Department of Defense remain14 ing available for obligation in that fiscal year to the Com15 mission to carry out its duties under this title. Funds 

16 transferred under the preceding sentence shall remain 

17 available until expended. 

18 SEC. 1509. PAY FOR MEMBERS OF THE COMMISSION. 

19 (a) IN GENERAL.—Each member, other than the 

20 Chair, of the Commission shall be paid at a rate equal 

21 to the daily equivalent of the annual rate of basic pay pay22 able for level IV of the Executive Schedule under section 

23 5315 of title 5, United States Code, for each day (includ24 ing travel time) during which the member is engaged in 

25 the actual performance of duties vested in the Commis26 sion. 


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1 (b) CHAIR.—The Chair of the Commission shall be 

2 paid at a rate equal to the daily equivalent of the annual 

3 rate of basic pay payable for level III of the Executive 

4 Schedule under section 5314, of title 5, United States 

5 Code, for each day (including travel time) during which 

6 the member is engaged in the actual performance of duties 

7 vested in the Commission. 

8 SEC. 1510. EXECUTIVE DIRECTOR. 

9 (a) APPOINTMENT.—The Commission shall appoint 

10 and fix the rate of basic pay for an Executive Director 

11 in accordance with section 3161 of title 5, United States 

12 Code. 

13 (b) LIMITATIONS.—The Executive Director may not 

14 have served on active duty in the Armed Forces or as a 

15 civilian employee of the Department of Defense during the 

16 one-year period preceding the date of such appointment 

17 and may not have been employed by a veterans service 

18 organization or a military-related advocacy group or asso19 ciation during that one-year period. 

20 SEC. 1511. STAFF. 

21 (a) IN GENERAL.—Subject to subsections (b) and (c), 

22 the Executive Director, with the approval of the Commis23 sion, may appoint and fix the rate of basic pay for addi24 tional personnel as staff of the Commission in accordance 

25 with section 3161 of title 5, United States Code. 


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1 (b) LIMITATIONS ON STAFF.—(1) Not more than 

2 one-third of the personnel employed by or detailed to the 

3 Commission may be on detail from the Department of De4 fense. 

5 (2) A person may not be detailed from the Depart6 ment of Defense to the Commission if, in the year before 

7 the detail is to begin, that person participated personally 

8 and substantially in any matter within the Department of 

9 Defense concerning the preparation of recommendations 

10 for military retirement modernization. 

11 (3) Not more than one-fourth of the personnel em12 ployed by or detailed to the Commission may be persons 

13 eligible for or receiving military retired pay. 

14 (4) A person may not be employed by or detailed to 

15 the Commission if, in the year before the employment or 

16 detail is to begin, that person was employed by a veterans 

17 service organization or a military-related advocacy group 

18 or association. 

19 (c) LIMITATIONS ON PERFORMANCE REVIEWS.—No 

20 member of the Armed Forces, and no officer or employee 

21 of the Department of Defense, may— 

22 (1) prepare any report concerning the effective23 ness, fitness, or efficiency of the performance of the 

24 staff of the Commission or any person detailed from 

25 the Department of Defense to that staff; 


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1 (2) review the preparation of such a report; or 

2 (3) approve or disapprove such a report. 

3 SEC. 1512. CONTRACTING AUTHORITY. 

4 The Commission may lease space and acquire per5 sonal property to the extent funds are available. 

6 SEC. 1513. JUDICIAL REVIEW PRECLUDED. 

7 The following shall not be subject to judicial review: 

8 (1) Actions of the President, the Secretary, and 

9 the Commission under section 1506. 

10 (2) Actions of the President under section 

11 1507(a). 

12 SEC. 1514. TERMINATION. 

13 The Commission shall terminate not later than 26 

14 months after the Commission establishment date. 

15 TITLE XVI—BENEFITS FOR FED16 ERAL CIVILIAN EMPLOYEES 

17 IN ZONES OF ARMED CON18 FLICT 

19 SEC. 1601. SHORT TITLE. 

20 This title may be cited as the ‘‘Federal Civilian Em21 ployees in Zones of Armed Conflict Benefits Act of 2012’’. 

22 SEC. 1602. DEFINITION OF DESIGNATED ZONE OF ARMED 

23 CONFLICT. 

24 Section 102 of the Foreign Service Act of 1980 (22 

25 U.S.C. 3902) is amended— 


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1 (1) by redesignating paragraphs (5) through 

2 (12) as paragraphs (6) through (13), respectively; 

3 and 

4 (2) by inserting after paragraph (4) the fol5 lowing new paragraph: 

6 ‘‘(5) ‘designated zone of armed conflict’ means 

7 a foreign country or other foreign geographic area 

8 outside of the United States (as that term is defined 

9 in section 202(7) of the State Department Basic Au10 thorities Act of 1956 (22 U.S.C. 4302(7)) that is 

11 designated by the Secretary of State, in coordination 

12 with the Secretary of Defense, as an area where 

13 there are exceptional levels of armed violence. Any 

14 such designation shall be communicated to affected 

15 civilian agencies. In making such a designation, the 

16 Secretary of State may consider— 

17 ‘‘(A) whether the Armed Forces of the 

18 United States are involved in hostilities in the 

19 country or area; 

20 ‘‘(B) whether the incidence of civil insur21 rection, civil war, terrorism, or wartime condi22 tions threatens physical harm or imminent dan23 ger to the health or well-being of United States 

24 civilian employees in the country or area; 


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1 ‘‘(C) whether the country or area has been 

2 designated a combat zone by the President 

3 under section 112(c) of the Internal Revenue 

4 Code of 1986 (26 U.S.C. 112(c)); 

5 ‘‘(D) whether a contingency operation in6 volving combat operations directly affects civil7 ian employees in the country or area; or 

8 ‘‘(E) any other relevant conditions and fac9 tors.’’. 

10 SEC. 1603. BENEFITS FOR EMPLOYEES IN DESIGNATED 

11 ZONES OF ARMED CONFLICT. 

12 (a) IN GENERAL.—Chapter 59 of title 5, United 

13 States Code, is amended— 

14 (1) by amending the chapter heading to read as 

15 follows: 

16 ‘‘CHAPTER 59—ALLOWANCES, SPECIAL 

17 PAYMENTS, AND BENEFITS’’; 

18 (2) by adding at the end the following new sub19 chapter: 

20 ‘‘SUBCHAPTER V—BENEFITS FOR EMPLOYEES 

21 IN DESIGNATED ZONES OF ARMED CONFLICT 

22 ‘‘§ 5951. Definitions 

23 ‘‘For the purposes of this subchapter— 

24 ‘‘(1) ‘assigned to duty in’ refers to an employee 

25 who is officially assigned to work or duty (including 


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1 serving on temporary duty) in a designated zone of 

2 armed conflict, which may include short periods 

3 away from the zone to perform work in connection 

4 with the assignment, subject to any limitations or 

5 requirements established by regulation or official 

6 policy; 

7 ‘‘(2) ‘designated zone of armed conflict’ has the 

8 meaning given that term in section 102 of the For9 eign Service Act of 1980 (22 U.S.C. 3902(5)); 

10 ‘‘(3) ‘Director’ means the Director of the Office 

11 of Personnel Management; 

12 ‘‘(4) ‘Executive agency’ has the meaning given 

13 that term in section 105 but does not include the 

14 Government Accountability Office; 

15 ‘‘(5) ‘healthcare provider’ means— 

16 ‘‘(A) a physician (including a mental 

17 health physician); 

18 ‘‘(B) a physician’s assistant, nurse practi19 tioner, or advanced practice nurse; 

20 ‘‘(C) a mental health practitioner; 

21 ‘‘(D) a member of the Armed Forces who 

22 is an independent duty corpsman, an inde23 pendent duty medical technician, or a Special 

24 Forces medical sergeant; and 


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1 ‘‘(E) any other person in a healthcare pro2 vider category designated by the Secretary of 

3 State or Secretary of Defense; 

4 ‘‘(6) ‘pre-deployment health assessment’ means 

5 an evaluation by a healthcare provider to determine 

6 if an employee meets the requirements for deploy7 ment outside the United States and to identify any 

8 need for medical care; 

9 ‘‘(7) ‘post-deployment health assessment’ means 

10 an evaluation by a healthcare provider to assess an 

11 employee’s physical and mental health following a 

12 deployment outside the United States and to identify 

13 any need for medical care; and 

14 ‘‘(8) ‘United States’ has the meaning given that 

15 term in section 202(7) of the State Department 

16 Basic Authorities Act of 1956 (22 U.S.C. 4302(7)). 

17 ‘‘§ 5952. Authority to grant allowances, benefits, and 

18 gratuities 

19 ‘‘(a) The Secretary of State may require the head of 

20 an Executive agency to provide to an employee assigned 

21 to duty in a designated zone of armed conflict such allow22 ances, benefits, and gratuities under sections 413, 901, 

23 902, and 906 of the Foreign Service Act of 1980 (22 

24 U.S.C. 3973, 4081, 4082, and 4086) as are prescribed 

25 in regulation by the Secretary. 


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1 ‘‘(b) The authority in subsection (a) may not be used 

2 to provide benefits that are similar to those provided in 

3 sections 5955 and 5956. 

4 ‘‘§ 5953. Pre- and post-deployment health assessments 

5 ‘‘The head of an Executive agency shall establish a 

6 pre-deployment health assessment and post-deployment 

7 health assessment program for employees assigned to duty 

8 in designated zones of armed conflict. Programs imple9 mented after the date of the enactment of this section pur10 suant to the preceding sentence or other comparable agen11 cy-level authority existing before that date shall be carried 

12 out consistent with any regulations prescribed by the Sec13 retary of State or the Secretary of Defense, as determined 

14 appropriate by mission requirements. 

15 ‘‘§ 5954. Special pay for certain employees 

16 ‘‘(a) The Secretary of State may require the head of 

17 an Executive agency to provide, subject to regulations pre18 scribed under subsection (d), special pay to Foreign Serv19 ice officers and members of the Senior Foreign Service 

20 assigned to duty in a designated zone of armed conflict 

21 who perform additional work on a recurring basis in sub22 stantial excess of normal requirements. 

23 ‘‘(b) The Director may require the head of an Execu24 tive agency to provide, subject to regulations prescribed 

25 under subsection (d), special pay to an employee (other 


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1 than a member of the Foreign Service) assigned to duty 

2 in a designated zone of armed conflict when the em3 ployee— 

4 ‘‘(1) is not covered by the overtime and other 

5 premium pay provisions of subchapter V of chapter 

6 55 or similar premium pay authority; and 

7 ‘‘(2) performs additional work on a recurring 

8 basis in substantial excess of normal requirements. 

9 ‘‘(c) Special payments under this section are in addi10 tion to compensation otherwise authorized and are not 

11 considered to be basic pay for any purpose, nor shall they 

12 be used in computing lump-sum payments for accumu13 lated and accrued annual leave under section 5551. No 

14 special payments may be authorized which, when added 

15 to an employee’s basic pay, would result in a total amount 

16 payable for any calendar year in excess of the annual rate 

17 of salary payable to the Vice President under section 104 

18 of title 3. 

19 ‘‘(d) The Director and the Secretary of State shall 

20 each prescribe regulations to carry out this section, includ21 ing regulations providing for any employee exclusions, eli22 gibility requirements, criteria and certification for special 

23 payments, payment rates and methods, and effective 

24 dates. 


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1 ‘‘§ 5955. Rest and recuperation travel 

2 ‘‘(a) Subject to any regulations the Secretary of State 

3 may prescribe, the Secretary may require the head of an 

4 Executive agency to pay the travel and related expenses 

5 for rest and recuperation travel for an employee who is 

6 a United States citizen assigned to duty in a designated 

7 zone of armed conflict and who is granted recuperation 

8 leave under section 6392 and, if applicable, for members 

9 of the employee’s family accompanying the employee in the 

10 designated zone of armed conflict. 

11 ‘‘(b) Rest and recuperation travel under subsection 

12 (a) shall be provided to the same extent and subject to 

13 the same conditions as such travel is provided to members 

14 of the Foreign Service under section 901(6) of the Foreign 

15 Service Act of 1980 (22 U.S.C. 4081(6)), except that, sub16 ject to any regulations the Secretary of State may pre17 scribe, the head of an Executive agency, in that agency 

18 head’s sole discretion, may in extraordinary circumstances 

19 waive any or all conditions on rest and recuperation travel 

20 set forth in that section. 

21 ‘‘§ 5956. Emergency visitation travel 

22 ‘‘(a) Subject to regulations the Secretary of State 

23 shall prescribe, the Secretary may require the head of an 

24 Executive agency to pay the travel and related expenses 

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1 tation in an emergency situation involving personal hard2 ship, including the serious illness, injury, or death of the 

3 employee or a family member, if the head of the agency 

4 determines that the criteria in those regulations are met. 

5 ‘‘(b) Payments under subsection (a) may be provided 

6 only for the travel of an employee who is assigned to duty 

7 in a designated zone of armed conflict at the time the 

8 emergency situation arises or for the travel of the family 

9 members of such employee. 

10 ‘‘§ 5957. Locality payments 

11 ‘‘(a)(1) Notwithstanding section 5304, the head of an 

12 Executive agency shall pay, out of available resources, to 

13 an employee assigned to duty in a designated zone of 

14 armed conflict a locality payment as provided in this sec15 tion and in any regulations the Director may prescribe. 

16 The Director may prescribe a minimum period during 

17 which an employee is required to remain in a designated 

18 zone of armed conflict in order to be eligible to receive 

19 such a locality payment. 

20 ‘‘(2) For the purpose of this section, ‘employee’ 

21 means— 

22 ‘‘(A) an employee in a General Schedule posi23 tion to which subchapter III of chapter 53 applies; 

24 ‘‘(B) a member of the Foreign Service who is 

25 designated class 1 or below for purposes of section 


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1 403 of the Foreign Service Act of 1980 (22 U.S.C. 

2 3963); and 

3 ‘‘(C) an employee in a position for which local4 ity-based comparability payments under section 

5 5304 have been approved under subsection (h) of 

6 that section or otherwise authorized by law. 

7 ‘‘(b) The percentage amount used to compute the lo8 cality payment paid under this section shall be determined 

9 as follows: 

10 ‘‘(1) The percentage amount shall equal the 

11 higher of— 

12 ‘‘(A) the applicable locality-based com13 parability payment percentage authorized under 

14 section 5304 for the employee’s official work15 site; or 

16 ‘‘(B) the locality-based comparability pay17 ment percentage authorized under section 5304 

18 for Washington, DC. 

19 ‘‘(2) If the employee’s official worksite is not 

20 covered by a locality-based comparability payment 

21 authorized under section 5304, the locality payment 

22 percentage under this section shall equal the locality23 based comparability payment percentage authorized 

24 under section 5304 for Washington, DC. 


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1 ‘‘(c) Except as otherwise provided in this section and 

2 any regulations the Director may prescribe, a locality pay3 ment under this section is subject to the provisions of sec4 tion 5304, including the limitations under subsection (g) 

5 of that section. A locality payment under this section is 

6 paid in lieu of any locality-based comparability payment 

7 that would otherwise be payable under section 5304 or 

8 similar locality pay authority. 

9 ‘‘(d) A locality payment under this section shall be 

10 considered to be part of basic pay for the same purposes 

11 that a locality-based comparability payment under section 

12 5304 is considered to be part of basic pay, for the purpose 

13 of computing post differentials under section 5925(a) and 

14 danger pay allowances under section 5928, and for such 

15 other purposes as the Director may prescribe by regula16 tion. 

17 ‘‘(e) Nothing in this section shall affect any authority 

18 of any agency to pay a locality-based comparability pay19 ment under section 5304, or a similar locality payment 

20 under any other provision of law, to an employee who is 

21 assigned to duty in a location outside a designated zone 

22 of armed conflict. 


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1 ‘‘§ 5958. Traumatic injury gratuity for qualifying inju2 ries 

3 ‘‘(a) The United States shall pay, out of available re4 sources, a traumatic injury gratuity to each eligible em5 ployee who sustains a qualifying traumatic injury. Such 

6 payment shall be made promptly upon receiving official 

7 notification from the relevant agency that the employee 

8 has incurred that injury. 

9 ‘‘(b) For purposes of this section— 

10 ‘‘(1) an eligible employee is an employee who 

11 sustains a qualifying traumatic injury on or after 

12 the date of enactment of this section in the perform13 ance of duty in a designated zone of armed conflict; 

14 and 

15 ‘‘(2) a qualifying traumatic injury is a trau16 matic injury that results in a loss that is a ‘quali17 fying loss’ under subsection (b) of section 1980A of 

18 title 38. The provisions of paragraph (3) of that 

19 subsection and of subsection (c)(2) of that section, 

20 including the regulations prescribed hereunder, shall 

21 apply for purposes of this section. 

22 ‘‘(c) Notwithstanding subsections (a) and (b)(1), the 

23 head of an Executive agency, in that agency head’s sole 

24 discretion, may grant a payment under subsection (a) to 

25 an employee who sustained a qualifying traumatic injury 

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1 fied in subsection (b)(1) in connection with the employee’s 

2 service with an Armed Force in the theater of operations 

3 of Operation Enduring Freedom, Operation Iraqi Free4 dom, or Operation New Dawn. 

5 ‘‘(d)(1) The amount of a gratuity payment paid to 

6 an employee under this section shall be the applicable 

7 amount in effect under the schedule prescribed pursuant 

8 to subsection (d) of section 1980A of title 38 for the quali9 fying traumatic injury sustained by the employee. If an 

10 employee suffers more than one loss that is a ‘qualifying 

11 loss’ under section 1980A(b) of title 38 as a result of trau12 matic injury from the same traumatic event, payment 

13 shall be made under this section in accordance with the 

14 schedule prescribed pursuant to such subsection (d) for 

15 the single loss providing the highest payment. 

16 ‘‘(2) Notwithstanding paragraph (1), the amount of 

17 a gratuity payment under this section paid to locally em18 ployed staff employed outside the United States may be 

19 less than the amount that would otherwise be paid under 

20 this section, consistent with prevailing compensation prac21 tices, as determined by the Secretary of State in coordina22 tion with the head of the employing agency and the admin23 istrator of the program under subsection (e)(1). 


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1 ‘‘(e)(1) The Secretary of Defense, or the head of such 

2 other Executive agency as the President designates, shall 

3 administer the program under this section. 

4 ‘‘(2) When the administrator of the program under 

5 paragraph (1) makes a gratuity payment under this sec6 tion to an employee of another agency, that employee’s 

7 agency shall reimburse the administrator’s agency for the 

8 amount of the payment and for administrative expenses 

9 incurred in connection with such payment. 

10 ‘‘(f)(1) The administrator of the program under sub11 section (e)(1) may prescribe regulations to carry out this 

12 section. 

13 ‘‘(2) Regulations under paragraph (1) shall be issued 

14 in consultation with the Director unless the Director is 

15 the administrator. 

16 ‘‘(g) For the purposes of this section, ‘employee’ has 

17 the meaning given that term in section 2105, except that 

18 such term also includes— 

19 ‘‘(1) an employee described in subsection (c) of 

20 that section; 

21 ‘‘(2) an individual employed by personal serv22 ices contract, including pursuant to section 2(c) of 

23 the State Department Basic Authorities Act of 1956 

24 and section 636(a)(3) of the Foreign Assistance Act 

25 of 1961; 


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1 ‘‘(3) locally employed staff who are employed by 

2 an Executive agency outside the United States; and 

3 ‘‘(4) any other individual employed by the Fed4 eral Government who meets conditions prescribed in 

5 regulations issued under subsection (f)(1).’’; 

6 and 

7 (3) in the table of sections by inserting the fol8 lowing after the item relating to section 5949: 

‘‘SUBCHAPTER V—BENEFITS FOR EMPLOYEES IN DESIGNATED ZONES OF

ARMED CONFLICT

‘‘5951. Definitions. 

‘‘5952. Authority to grant allowances, benefits, and gratuities. 

‘‘5953. Pre- and post-deployment health assessments. 

‘‘5954. Special pay for certain employees. 

‘‘5955. Rest and recuperation travel. 

‘‘5956. Emergency visitation travel. 

‘‘5957. Locality payments. 

‘‘5958. Traumatic injury gratuity for qualifying injuries.’’. 

9 (b) CLERICAL AMENDMENT.—The table of chapters 

10 for part III of title 5, United States Code, is amended 

11 by amending the item relating to chapter 59 to read as 

12 follows: 

‘‘59. Allowances, Special Payments, and Benefits .................................... 5901’’. 

13 (c) TECHNICAL AMENDMENTS.—(1) Chapter 57 of 

14 title 5, United States Code, is amended— 

15 (A) in section 5753(a)(2)(A) by inserting ‘‘, ex16 cluding members of the Foreign Service other than 

17 chiefs of mission, ambassadors at large, and other 

18 members of the Foreign Service covered by section 


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1 302(b) of the Foreign Service Act of 1980 (22 

2 U.S.C. 3942)’’ before the semicolon at the end; and 

3 (B) in section 5754(a)(2)(A) by inserting ‘‘, ex4 cluding members of the Foreign Service other than 

5 chiefs of mission, ambassadors at large, and other 

6 members of the Foreign Service covered by section 

7 302(b) of the Foreign Service Act of 1980 (22 

8 U.S.C. 3942)’’ before the semicolon at the end. 

9 (2) Section 901(9) of the Foreign Service Act of 1980 

10 (22 U.S.C. 4081(9)) is amended by striking ‘‘post of as11 signment’’ each place it appears and inserting ‘‘post of 

12 assignment or, in the case of an employee assigned to duty 

13 in a designated zone of armed conflict, temporary duty 

14 station’’. 

15 (d) TRANSITION PERIOD FOR LOCALITY PAY16 MENTS.—(1) This subsection applies to an employee 

17 who— 

18 (A) is assigned to duty in a designated zone of 

19 armed conflict (as defined in section 5951 (1) and 

20 (2) of title 5, United States Code) while maintaining 

21 an official worksite in a nonforeign area and an enti22 tlement to a cost-of-living allowance under section 

23 5941(a)(1) of that title; and 

24 (B) is entitled to a transitional locality pay percentage equal to 1⁄3 or 2 25 ⁄3 of the applicable locality 


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1 pay percentage under section 1914 of the Non-For2 eign Area Retirement Equity Assurance Act of 2009 

3 (subtitle B of title XIX of Public Law 111–84; 123 

4 Stat 2621; 5 U.S.C. 5304 note). 

5 (2) In the case of an employee described in paragraph 

6 (1), notwithstanding section 5957 of title 5, United States 

7 Code— 

8 (A) the locality pay percentage used in applying 

9 subparagraph (A) of section 5957(b)(1) of title 5, 

10 United States Code, shall be the transitional locality 

11 pay percentage referred to in paragraph (1)(B); and 

12 (B) the locality pay percentage used in applying 

13 subparagraph (B) of section 5957(b)(1) of title 5, 

14 United States Code, shall be the percentage result15 ing from multiplying the locality pay percentage au16 thorized under section 5304 of that title for Washington, DC, by the transitional fraction, 1⁄3 or 2 17 ⁄3, as 

18 applicable. 

19 SEC. 1604. WAIVER OF CERTAIN PAY LIMITATIONS. 

20 (a) WAIVER OF LIMITATION ON PREMIUM PAY.— 

21 Section 5547 of title 5, United States Code, is amended 

22 by adding at the end the following new subsection: 

23 ‘‘(e)(1) Subsection (a) shall not apply to an employee 

24 who performs work while assigned to duty in a designated 


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1 zone of armed conflict (as defined in section 5951 (1) and 

2 (2)). 

3 ‘‘(2) Notwithstanding paragraph (1), no employee re4 ferred to in such paragraph may be paid premium pay 

5 under the provisions of law cited in subsection (a) to the 

6 extent that the aggregate of the basic pay and premium 

7 pay under those provisions for such employee would, in 

8 any calendar year, exceed the annual rate of salary pay9 able to the Vice President under section 104 of title 3. 

10 ‘‘(3) To the extent that paragraph (1) results in pay11 ment of additional premium pay of a type that is normally 

12 creditable as basic pay for retirement or any other pur13 pose, such additional pay shall not be considered to be 

14 basic pay for any purpose, nor shall it be used in com15 puting a lump-sum payment for accumulated and accrued 

16 annual leave under section 5551.’’. 

17 (b) WAIVER OF LIMITATION ON AGGREGATE PAY.— 

18 Section 5307 of title 5, United States Code, is amended— 

19 (1) in subsection (a)(1) by striking ‘‘or as oth20 erwise provided under subsection (d)’’ and inserting 

21 ‘‘or as otherwise provided by this section’’; and 

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

24 ‘‘(e) The preceding subsections of this section shall 

25 not apply to payments in addition to basic pay earned by 


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1 an employee for performing work while assigned to duty 

2 in a designated zone of armed conflict (as defined in sec3 tion 5951 (1) and (2)). For the purpose of this subsection, 

4 the term ‘basic pay’ includes any applicable locality-based 

5 comparability payment under section 5304, any applicable 

6 special rate supplement under section 5305, and any simi7 lar payment under any other provision of law.’’. 

8 (c) DEPARTMENT OF DEFENSE HIGHLY QUALIFIED

9 EXPERTS.—Section 9903(d) of title 5, United States 

10 Code, is amended— 

11 (1) by amending paragraph (2) to read as fol12 lows: 

13 ‘‘(2) An employee appointed under this section 

14 is not eligible for any bonus, monetary award, or 

15 other monetary incentive for service except for— 

16 ‘‘(A) payments authorized under this sec17 tion; and 

18 ‘‘(B) in the case of such an employee who 

19 is assigned to duty in a designated zone of 

20 armed conflict (as defined in section 5951 (1) 

21 and (2)), allowances, special payments, and 

22 benefits under chapter 59.’’; 

23 and 

24 (2) in paragraph (3), by adding at the end the 

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1 ee’s total annual compensation for purposes of the 

2 preceding sentence, any payment referred to in para3 graph (2)(B) shall be excluded.’’. 

4 SEC. 1605. LEAVE AUTHORITIES. 

5 (a) IN GENERAL.—Chapter 63 of title 5, United 

6 States Code, is amended— 

7 (1) by redesignating section 6391 as section 

8 6341 and transferring that section to the end of 

9 subchapter III; 

10 (2) by amending subchapter VI to read as fol11 lows: 

12 ‘‘SUBCHAPTER VI—LEAVE AUTHORITIES FOR 

13 EMPLOYEES IN DESIGNATED ZONES OF 

14 ARMED CONFLICT 

15 ‘‘§ 6391. Definitions 

16 ‘‘For purposes of this subchapter— 

17 ‘‘(1) ‘assigned to duty in’ has the meaning 

18 given that term in section 5951(1); 

19 ‘‘(2) ‘designated zone of armed conflict’ has the 

20 meaning given that term in section 5951(2); 

21 ‘‘(3) ‘Director’ means the Director of the Office 

22 of Personnel Management; 

23 ‘‘(4) ‘Executive agency’ has the meaning given 

24 that term in section 5951(4); and 


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1 ‘‘(5) ‘rest and recuperation travel’ and ‘rest and 

2 recuperation trip’ mean travel or a trip authorized 

3 pursuant to section 5955, section 901(6) of the For4 eign Service Act of 1980 (22 U.S.C. 4081(6)), or 

5 any other similar provision of law. 

6 ‘‘§ 6392. Recuperation leave 

7 ‘‘(a) Recuperation leave is intended to provide respite 

8 from the work environment in designated zones of armed 

9 conflict and to enable employees to carry out their duties 

10 more effectively for the remainder of their assignment. 

11 ‘‘(b) The Director may require the head of an Execu12 tive agency to grant an employee assigned to duty in a 

13 designated zone of armed conflict recuperation leave, sub14 ject to the requirements of this section and any regula15 tions the Director may prescribe in consultation with the 

16 Secretary of State. 

17 ‘‘(c) Upon a determination to grant recuperation 

18 leave under subsection (b), an employee shall accrue three19 fourths of a day of recuperation leave for each full bi20 weekly pay period that the employee is assigned to duty 

21 in a designated zone of armed conflict. 

22 ‘‘(d)(1) An employee may use recuperation leave 

23 under subsection (b) only if— 

24 ‘‘(A) the employee has been assigned to duty in 

25 a designated zone of armed conflict for the minimum 


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1 period established by the Director in consultation 

2 with the Secretary of State; 

3 ‘‘(B) the recuperation leave is used in conjunc4 tion with authorized rest and recuperation travel 

5 under section 5955; 

6 ‘‘(C) the employee is expected to return to a 

7 designated zone of armed conflict following the rest 

8 and recuperation travel; and 

9 ‘‘(D) the recuperation leave is used while the 

10 employee is assigned to duty in a designated zone of 

11 armed conflict. 

12 ‘‘(2) An employee may use no more than 10 workdays 

13 of recuperation leave for each rest and recuperation trip, 

14 not to exceed a total of 20 workdays for any 12 consecu15 tive months in a designated zone of armed conflict. 

16 ‘‘(3) An agency head may deny the use of accumu17 lated and accrued recuperation leave only in exceptional 

18 circumstances that prevent the agency from releasing the 

19 employee from his or her duties. 

20 ‘‘(4) An agency head may advance recuperation leave 

21 up to the number of hours the employee is expected to 

22 accrue and accumulate while assigned to duty in the des23 ignated zone of armed conflict based on the special needs 

24 of the employee. 


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1 ‘‘(e)(1) An employee who has unused accumulated 

2 and accrued recuperation leave under subsection (c) at the 

3 end of his or her assignment in a designated zone of armed 

4 conflict shall receive a lump-sum payment at the end of 

5 his or her assignment for the amount of recuperation leave 

6 the agency head denied for use by the employee under sub7 section (d)(3). 

8 ‘‘(2) A lump-sum payment for recuperation leave 

9 under this subsection shall be computed using the employ10 ee’s rate of basic pay (including any applicable locality 

11 payment under section 5957, special rate of pay under sec12 tion 5305, or similar payment under other legal authority) 

13 in effect on the last day the employee is assigned to duty 

14 in the designated zone of armed conflict. The lump-sum 

15 payment shall exclude overseas differentials and allow16 ances under subchapter III of chapter 59. 

17 ‘‘§ 6393. Readjustment leave 

18 ‘‘(a) Readjustment leave is intended to provide em19 ployees a period of paid time off following duty in a des20 ignated zone of armed conflict to rest and attend to per21 sonal and family matters before returning to work. 

22 ‘‘(b) Subject to any regulations the Director may pre23 scribe in consultation with the Secretary of State, the Di24 rector may require the head of an Executive agency to 

25 grant an employee assigned to duty in a designated zone 


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1 of armed conflict readjustment leave of up to 15 workdays 

2 for any 12 consecutive months in a designated zone of 

3 armed conflict, contingent upon the employee entering into 

4 a written service agreement for a period of employment 

5 of no less than 6 months. 

6 ‘‘(c) Readjustment leave not used within the first 90 

7 days after completion of an employee’s duty assignment 

8 in a designated zone of armed conflict shall be forfeited, 

9 subject to such exceptions as the Director may approve. 

10 ‘‘(d) Readjustment leave shall not be converted to a 

11 cash payment or form a part of a lump-sum payment for 

12 accrued leave under any circumstances. 

13 ‘‘§ 6394. Regulations 

14 ‘‘The Director may prescribe regulations necessary 

15 for the administration of this subchapter’’; 

16 and 

17 (3) in the table of sections— 

18 (A) by adding after the item relating to 

19 section 6340 the following new item: 

‘‘6341. Authority for leave transfer program in disasters and emergencies’’; 

20 and 

21 (B) by amending the items relating to sub22 chapter VI to read as follows: 

‘‘SUBCHAPTER VI— LEAVE AUTHORITIES FOR EMPLOYEES IN DESIGNATED

ZONES OF ARMED CONFLICT

‘‘6391. Definitions. 

‘‘6392. Recuperation leave. 


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‘‘6393. Readjustment leave. 

‘‘6394. Regulations.’’. 

1 (b) CONFORMING AMENDMENT.—Section 903 of the 

2 Foreign Service Act of 1980 (22 U.S.C. 4083) is amended 

3 by adding at the end the following new subsections: 

4 ‘‘(d) The Secretary may, in exceptional cir5 cumstances, order a member of the Service to take leave 

6 under this section upon completion by that member of 

7 fewer than 12 months of continuous service abroad— 

8 ‘‘(1) to meet the needs of the service; or 

9 ‘‘(2) where the member has been assigned to 

10 duty in a designated zone of armed conflict. 

11 ‘‘(e) The Secretary may order a member of the Serv12 ice to take leave under subsection (d)(2) without regard 

13 to whether such member is expected to return to service 

14 abroad.’’. 

15 SEC. 1606. OTHER BENEFITS FOR DEPLOYED EMPLOYEES 

16 IN A DESIGNATED ZONE OF ARMED CON17 FLICT. 

18 (a) CONTINUATION OF PAY FOR OCCUPATIONAL DIS19 EASES AND ILLNESS RELATED TO EMPLOYEES IN DES20 IGNATED ZONES OF ARMED CONFLICT.—Section 8118 of 

21 title 5, United States Code, is amended— 

22 (1) in subsection (a) by striking ‘‘clause (B) or 

23 (E)’’ and inserting ‘‘subparagraph (B) or (E)’’; and 


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

3 ‘‘(f) The United States shall authorize the continu4 ation of pay of an employee as defined in section 8101(1) 

5 (other than those referred to in subparagraph (B) or (E)), 

6 who has filed a claim for a period of wage loss due to 

7 traumatic or occupational injury in performance of duty 

8 in a designated zone of armed conflict as defined in section 

9 5951(2) as long as the employee files a claim for such 

10 wage loss benefit with his immediate superior no later 

11 than 45 days following termination of assignment to a 

12 zone of armed conflict or return to the United States, 

13 whichever occurs later. Continuation of pay under this 

14 subsection shall be furnished in accordance with sub15 sections (c) and (d) for a period not to exceed 135 days 

16 without any break in time or waiting period unless con17 troverted pursuant to regulations prescribed by the Sec18 retary of Labor, which shall be issued after consultation 

19 with the Secretary of State and the Secretary of De20 fense.’’. 

21 (b) DEATH GRATUITY FOR FOREIGN SERVICE EM22 PLOYEES ABROAD.—Section 413(a) of the Foreign Service 

23 Act of 1980 (22 U.S.C. 3973(a)) is amended in the first 

24 sentence by striking ‘‘at the time of death’’ and inserting 

25 ‘‘at level II of the Executive Schedule under section 5313 


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1 of title 5, United States Code, at the time of death, except 

2 that, for employees compensated under local compensation 

3 plans established under section 408, the amount shall be 

4 equal to the greater of either one year’s basic salary at 

5 the time of death, or one year’s basic salary at the highest 

6 step of the highest grade on the Local Compensation Plan 

7 from which the employee was being paid at the time of 

8 death’’. 

9 DIVISION B—MILITARY CON10 STRUCTION AUTHORIZA11 TIONS 

12 SEC. 2001. SHORT TITLE. 

13 This division may be cited as the ‘‘Military Construc14 tion Authorization Act for Fiscal Year 2013’’. 

15 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

16 AMOUNTS REQUIRED TO BE SPECIFIED BY 

17 LAW. 

18 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

19 YEARS.—Except as provided in subsection (b), all author20 izations contained in titles XXI through XXVII for mili21 tary construction projects, land acquisition, family housing 

22 projects and facilities, and contributions to the North At23 lantic Treaty Organization Security Investment Program 

24 (and authorizations of appropriations therefor) shall ex25 pire on the later of— 


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1 (1) October 1, 2015; or 

2 (2) the date of the enactment of an Act author3 izing funds for military construction for fiscal year 

4 2016. 

5 (b) EXCEPTION.—Subsection (a) shall not apply to 

6 authorizations for military construction projects, land ac7 quisition, family housing projects and facilities, and con8 tributions to the North Atlantic Treaty Organization Se9 curity Investment Program (and authorizations of appro10 priations therefor), for which appropriated funds have 

11 been obligated before the later of— 

12 (1) October 1, 2015; or 

13 (2) the date of the enactment of an Act author14 izing funds for fiscal year 2016 for military con15 struction projects, land acquisition, family housing 

16 projects and facilities, or contributions to the North 

17 Atlantic Treaty Organization Security Investment 

18 Program. 

19 TITLE XXI—ARMY MILITARY 

20 CONSTRUCTION 

21 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

22 ACQUISITION PROJECTS. 

23 (a) INSIDE THE UNITED STATES.—Using amounts 

24 appropriated pursuant to the authorization of appropria25 tions in section 2103(1), the Secretary of the Army may 


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1 acquire real property and carry out military construction 

2 projects for the installations or locations inside the United 

3 States, and in the amounts, set forth in the following 

4 table: 

Army: Inside the United States 

State Installation Amount 

Alaska ..................... Fort Wainwright .......................................... $10,400,000 

Joint Base Elmendorf-Richardson .............. $7,900,000 

California ................ Concord ........................................................ $8,900,000 

Colorado .................. Fort Carson ................................................. $18,000,000 

District of Columbia Fort McNair ................................................ $7,200,000 

Georgia ................... Fort Benning ............................................... $16,000,000 

Fort Gordon ................................................. $23,300,000 

Fort Stewart ................................................ $49,650,000 

Hawaii .................... Pohakuloa Training Area ............................ $29,000,000 

Schofield Barracks ....................................... $96,000,000 

Wheeler Army Air Field .............................. $85,000,000 

Kansas .................... Fort Riley .................................................... $12,200,000 

Kentucky ................. Fort Campbell .............................................. $81,800,000 

Fort Knox .................................................... $6,000,000 

Missouri .................. Fort Leonard Wood ..................................... $123,000,000 

New Jersey ............. Joint Base McGuire-Dix-Lakehurst ............ $47,000,000 

Picatinny Arsenal ........................................ $10,200,000 

New York ................ Fort Drum ................................................... $95,000,000 

U.S. Miltary Academy ................................. $192,000,000 

North Carolina ....... Fort Bragg ................................................... $98,000,000 

Oklahoma ................ Fort Sill ....................................................... $4,900,000 

South Carolina ........ Fort Jackson ................................................ $24,000,000 

Texas ...................... Corpus Christi ............................................. $37,200,000 

Fort Bliss ..................................................... $7,200,000 

Fort Hood .................................................... $51,200,000 

Joint Base San Antonio .............................. $21,000,000 

Virginia ................... Arlington ...................................................... $84,000,000 

Fort Belvoir ................................................. $94,000,000 

Fort Lee ....................................................... $81,000,000 

Washington ............. Joint Base Lewis-McChord ......................... $164,000,000 

Yakima ......................................................... $5,100,000 

5 (b) OUTSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2103(2), the Secretary of the Army may 

8 acquire real property and carry out military construction 

9 projects for the installations or locations outside the 

10 United States, and in the amounts, set forth in the fol11 lowing table: 


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Army: Outside the United States 

Country Installation Amount 

Italy .......................... Camp Ederle ............................................ $36,000,000 

Vicenza ..................................................... $32,000,000 

Japan ........................ Okinawa .................................................... $78,000,000 

Sagami ...................................................... $18,000,000 

Korea ........................ Camp Humphreys .................................... $45,000,000 

1 SEC. 2102. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2103(5)(A), the Sec4 retary of the Army may carry out architectural and engi5 neering services and construction design activities with re6 spect to the construction or improvement of family hous7 ing units in an amount not to exceed $4,641,000. 

8 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2012, for mili11 tary construction, land acquisition, and military family 

12 housing functions of the Department of the Army in the 

13 total amount of $2,458,015,000 as follows: 

14 (1) For military construction projects inside the 

15 United States authorized by section 2101(a), 

16 $1,590,150,000. 

17 (2) For military construction projects outside 

18 the United States authorized by section 2101(b), 

19 $209,000,000. 


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1 (3) For unspecified minor military construction 

2 projects authorized by section 2805 of title 10, 

3 United States Code, $25,000,000. 

4 (4) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $99,173,000. 

7 (5) For military family housing functions: 

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military 

10 family housing and facilities, $4,641,000. 

11 (B) For support of military family housing 

12 (including the functions described in section 

13 2833 of title 10, United States Code), 

14 $530,051,000. 

15 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

16 CERTAIN FISCAL YEAR 2010 PROJECT. 

17 In the case of the authorization contained in the table 

18 in section 2101(a) of the Military Construction Authoriza19 tion Act for Fiscal Year 2010 (division B of Public Law 

20 111–84; 123 Stat. 2628) for Fort Belvoir, Virginia, for 

21 construction of a Road and Access Control Point at the 

22 installation, the Secretary of the Army may construct a 

23 standard design Access Control Point consistent with the 

24 Army’s construction guidelines for Access Control Points. 


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1 SEC. 2105. ADDITIONAL AUTHORITY TO CARRY OUT CER2 TAIN FISCAL YEAR 2013 PROJECTS. 

3 (a) PROJECT AUTHORIZATIONS.—The Secretary of 

4 the Army may carry out military construction projects to 

5 construct the following: 

6 (1) A central energy plant for Fort Carson, 

7 Colorado, in the amount of $34,000,000. 

8 (2) A pier on Kwajalein Atoll in the amount of 

9 $62,000,000. 

10 (b) USE OF UNOBLIGATED PRIOR-YEAR ARMY MILI11 TARY CONSTRUCTION FUNDS.—The Secretary may use 

12 available, unobligated Army military construction funds 

13 appropriated for a fiscal year before fiscal year 2013 for 

14 the projects described in subsection (a). 

15 (c) CONGRESSIONAL NOTIFICATION.—The Secretary 

16 of the Army shall provide information in accordance with 

17 section 2851(c) of title 10, United States Code, regarding 

18 the projects described in subsection (a). If it becomes nec19 essary to exceed the estimated project cost, the Secretary 

20 shall utilize the authority provided by section 2853 of such 

21 title regarding authorized cost and scope of work vari22 ations. 

23 SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

24 FISCAL YEAR 2009 PROJECTS. 

25 (a) EXTENSION.—Notwithstanding section 2002 of 

26 the Military Construction Authorization Act for Fiscal 


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1 Year 2009 (division B of Public Law 110–417; 122 Stat. 

2 4658), authorizations set forth in the table in subsection 

3 (b), as provided in section 2101 of that Act (122 Stat. 

4 4659), shall remain in effect until October 1, 2013, or the 

5 date of the enactment of an Act authorizing funds for mili6 tary construction for fiscal year 2014, whichever is later. 

7 (b) TABLE.—The table referred to in subsection (a) 

8 is as follows: 

Army: Extension of 2009 Project Authorizations 

State Installation or 

Location Project Amount 

Alabama ...... Anniston Army Depot .... Lake Yard Interchange .. $1,400,000 

New Jersey .. Picatinny Arsenal .......... Ballistic Evaluation Facility, Phase I.$9,900,000 

9 SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

10 FISCAL YEAR 2010 PROJECTS. 

11 (a) EXTENSION.—Notwithstanding section 2002 of 

12 the Military Construction Authorization Act for Fiscal 

13 Year 2010 (division B of Public Law 111–84; 123 Stat. 

14 2627), authorizations set forth in the table in subsection 

15 (b), as provided in section 2101 of that Act (123 Stat. 

16 2628), shall remain in effect until October 1, 2013, or the 

17 date of the enactment of an Act authorizing funds for mili18 tary construction for fiscal year 2014, whichever is later. 

19 (b) TABLE.—The table referred to in subsection (a) 

20 is as follows: 


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Army: Extension of 2010 Project Authorizations 

State/ 

Country 

Installation or 

Location Project Amount 

Louisiana ..... Fort Polk ....................... Land Purchases and 

Condemnation.

$17,000,000 

New Jersey .. Picatinny Arsenal .......... Ballistic Evaluation Facility, Phase II.$10,200,000 

Virginia ....... Fort Belvoir ................... Road and Access Control 

Point.

$9,500,000 

Washington Fort Lewis ..................... Fort Lewis-McChord 

AFB Joint Access.

$9,000,000 

Kuwait ......... Kuwait ........................... APS Warehouses ........... $82,000,000 

1 TITLE XXII—NAVY MILITARY 

2 CONSTRUCTION 

3 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

4 ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2204(1), the Secretary of the Navy may 

8 acquire real property and carry out military construction 

9 projects for the installations or locations inside the United 

10 States, and in the amounts, set forth in the following 

11 table: 

Navy: Inside the United States 

State Installation Amount 

Arizona ................. Yuma ................................................................ $29,285,000 

California .............. Camp Pendleton ............................................... $88,110,000 

Coronado .......................................................... $78,541,000 

Lemoore ............................................................ $14,843,000 

Miramar ............................................................ $27,897,000 

San Diego ......................................................... $71,188,000 

Seal Beach ........................................................ $30,594,000 

Twentynine Palms ............................................ $47,270,000 

Florida .................. Jacksonville ...................................................... $21,980,000 

Hawaii .................. Kaneohe Bay .................................................... $97,310,000 

Mississippi ............ Meridian ........................................................... $10,926,000 

New Jersey ........... Earle ................................................................. $33,498,000 

North Carolina ..... Camp Lejeune .................................................. $69,890,000 

Cherry Point Marine Corps Air Station .......... $45,891,000 

New River ......................................................... $8,525,000 

South Carolina ..... Beaufort ........................................................... $81,780,000 

Parris Island .................................................... $10,135,000 

Virginia ................. Dahlgren ........................................................... $28,228,000 


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Navy: Inside the United States—Continued 

State Installation Amount 

Oceana Naval Air Station ................................ $39,086,000 

Portsmouth ....................................................... $32,706,000 

Quantico ........................................................... $58,714,000 

Yorktown .......................................................... $48,823,000 

Washington ........... Whidbey Island ................................................. $6,272,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installation or location outside the United 

6 States, and in the amounts, set forth in the following 

7 table: 

Navy: Outside the United States 

Country Installation Amount 

Bahrain Island .......... SW Asia ..................................................... $51,348,000 

Diego Garcia ............. Diego Garcia .............................................. $1,691,000 

Djibouti ..................... Camp Lemonier ......................................... $99,420,000 

Greece ....................... Souda Bay ................................................. $25,123,000 

Japan ........................ Iwakuni ...................................................... $13,138,000 

Okinawa ..................................................... $8,206,000 

Romania .................... Deveselu ..................................................... $45,205,000 

Spain ......................... Rota ........................................................... $17,215,000 

Worldwide Unspecified.Unspecified Worldwide Locations .............. $34,048,000 

8 SEC. 2202. FAMILY HOUSING. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2204(5)(A), the Sec11 retary of the Navy may carry out architectural and engi12 neering services and construction design activities with re13 spect to the construction or improvement of family hous14 ing units in an amount not to exceed $4,527,000. 


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1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2204(5)(A), the 

6 Secretary of the Navy may improve existing military fam7 ily housing units in an amount not to exceed $97,655,000. 

8 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2012, for mili11 tary construction, land acquisition, and military family 

12 housing functions of the Department of the Navy in the 

13 total amount of $2,182,397,000, as follows: 

14 (1) For military construction projects inside the 

15 United States authorized by section 2201(a), 

16 $981,492,000. 

17 (2) For military construction projects outside 

18 the United States authorized by section 2201(b), 

19 $295,394,000. 

20 (3) For unspecified minor military construction 

21 projects authorized by section 2805 of title 10, 

22 United States Code, $16,535,000. 

23 (4) For architectural and engineering services 

24 and construction design under section 2807 of title 

25 10, United States Code, $102,619,000. 

26 (5) For military family housing functions: 


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1 (A) For construction and acquisition, plan2 ning and design, and improvement of military 

3 family housing and facilities, $102,182,000. 

4 (B) For support of military family housing 

5 (including functions described in section 2833 

6 of title 10, United States Code), $378,230,000. 

7 (6) For the construction of increment 2 of 

8 north ramp parking at Andersen Air Force Base, 

9 Guam, authorized by section 2201(b) of the Military 

10 Construction Authorization Act for Fiscal Year 2010 

11 (division B of Public Law 111–84; 123 Stat. 2633), 

12 $25,904,000. 

13 (7) For the construction of increment 2 of ex14 plosives handling wharf 2 at Kitsap, Washington, 

15 authorized by section 2201(a) of the Military Con16 struction Authorization Act for Fiscal Year 2012 

17 (division B of Public Law 112–81; 125 Stat. 1666), 

18 $280,041,000. 

19 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

20 CERTAIN FISCAL YEAR 2012 PROJECT. 

21 In the case of the authorization contained in the table 

22 in section 2201(a) of the Military Construction Authoriza23 tion Act for Fiscal Year 2012 (division B of Public Law 

24 112–81; 125 Stat. 1666), for Kitsap (Bangor) Wash25 ington, for construction of Explosives Handling Wharf #2 


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1 at that location, the Secretary of the Navy may acquire 

2 fee or lesser real property interests to accomplish required 

3 environmental mitigation for the project using appropria4 tions authorized for the project. 

5 SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

6 FISCAL YEAR 2009 PROJECTS. 

7 (a) EXTENSION.—Notwithstanding section 2002 of 

8 the Military Construction Authorization Act for Fiscal 

9 Year 2009 (division B of Public Law 110–417; 122 Stat. 

10 4658), the authorization set forth in the table in sub11 section (b), as provided in section 2201 of that Act (122 

12 Stat. 4670) and extended by section 2206 of the Military 

13 Construction Authorization Act for Fiscal Year 2012 (di14 vision B of Public Law 112–81; 125 Stat. 1668), shall 

15 remain in effect until October 1, 2013, or the date of an 

16 Act authorizing funds for military construction for fiscal 

17 year 2014, whichever is later. 

18 (b) TABLE.—The table referred to in subsection (a) 

19 is as follows: 

Navy: Extension of 2009 Project Authorizations 

State/ 

Country 

Installation or 

Location Project Amount 

California .... Marine Corps Base, 

Camp Pendleton.

Operations Access 

Points, Red Beach.

$11,970,000 

Marine Corps Air Station, Miramar.Emergency Response 

Station.

$6,530,000 

District of 

Columbia.

Washington Navy Yard Child Development Center.$9,340,000 


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1 SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2010 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2010 (division B of Public Law 111–84; 123 Stat. 

6 2627), the authorization set forth in the table in sub7 section (b), as provided in section 2201 of that Act (123 

8 Stat. 2632), shall remain in effect until October 1, 2013, 

9 or the date of an Act authorizing funds for military con10 struction for fiscal year 2014, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) 

12 is as follows: 

Navy: Extension of 2010 Project Authorizations 

State/ 

Country 

Installation or 

Location Project Amount 

California .... Bridgeport ...................... Mountain Warfare 

Training, Commissary.

$6,830,000 

Maine .......... Portsmouth Naval Shipyard.Gate 2 Security Improvements.$7,090,000 

Djibouti ....... Camp Lemonier ............. Security Fencing ............ $8,109,000 

Ammo Supply Point ....... $21,689,000 

Interior Paved Roads ..... $7,275,000 

13 TITLE XXIII—AIR FORCE 

14 MILITARY CONSTRUCTION 

15 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

16 LAND ACQUISITION PROJECTS. 

17 (a) INSIDE THE UNITED STATES.—Using amounts 

18 appropriated pursuant to the authorization of appropria19 tions in section 2304(1), the Secretary of the Air Force 

20 may acquire real property and carry out military construcVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 tion projects for the installations or locations inside the 

2 United States, and in the amounts, set forth in the fol3 lowing table: 

Air Force: Inside the United States 

State Installation Amount 

Arkansas ................... Little Rock AFB ....................................... $30,178,000 

Florida ...................... Tyndall AFB ............................................. $14,750,000 

Georgia ...................... Fort Stewart .............................................. $7,250,000 

Moody AFB ............................................... $8,500,00 

New Mexico ............... Holloman AFB .......................................... $25,000,000 

North Dakota ............ Minot AFB ................................................ $4,600,000 

Texas ......................... Joint Base San Antonio ............................ $18,000,000 

Utah .......................... Hill AFB ................................................... $13,530,000 

4 (b) OUTSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2304(2), the Secretary of the Air Force 

7 may acquire real property and carry out military construc8 tion projects for the installations or locations outside the 

9 United States, and in the amounts, set forth in the fol10 lowing table: 

Air Force: Outside the United States 

Country Installation Amount 

Greenland .................. Thule AB ................................................... $24,500,000 

Italy ........................... Aviano AB ................................................. $9,400,000 

Worldwide Unspecified.Unspecified Worldwide Locations .............. $34,657,000 

11 SEC. 2302. FAMILY HOUSING. 

12 Using amounts appropriated pursuant to the author13 ization of appropriations in section 2304(5)(A), the Sec14 retary of the Air Force may carry out architectural and 

15 engineering services and construction design activities 


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1 with respect to the construction or improvement of family 

2 housing units in an amount not to exceed $4,253,000. 

3 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

4 UNITS. 

5 Subject to section 2825 of title 10, United States 

6 Code, and using amounts appropriated pursuant to the 

7 authorization of appropriations in section 2304(5)(A), the 

8 Secretary of the Air Force may improve existing military 

9 family housing units in an amount not to exceed 

10 $79,571,000. 

11 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

12 FORCE. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2012, for mili15 tary construction, land acquisition, and military family 

16 housing functions of the Department of the Air Force in 

17 the total amount of $969,853,000, as follows: 

18 (1) For military construction projects inside the 

19 United States authorized by section 2301(a), 

20 $121,808,000. 

21 (2) For military construction projects outside 

22 the United States authorized by section 2301(b), 

23 $68,557,000. 


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1 (3) For unspecified minor military construction 

2 projects authorized by section 2805 of title 10, 

3 United States Code, $18,200,000. 

4 (4) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $18,635,000. 

7 (5) For military family housing functions: 

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military 

10 family housing and facilities, $83,824,000. 

11 (B) For support of military family housing 

12 (including functions described in section 2833 

13 of title 10, United States Code), $497,829,000. 

14 (6) For the construction of increment 2 of the 

15 U.S. Strategic Command Replacement Facility at 

16 Offutt Air Force Base, Nebraska, authorized by sec17 tion 2301(a) of the Military Construction Authoriza18 tion Act for Fiscal Year 2012 (division B of Public 

19 Law 112–81; 125 Stat. 1670), $161,000,000. 

20 SEC. 2305. ADDITIONAL AUTHORITY TO CARRY OUT CER21 TAIN FISCAL YEAR 2013 PROJECTS. 

22 (a) PROJECT AUTHORIZATIONS.—The Secretary of 

23 the Air Force may carry out military construction projects 

24 to construct the following: 


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1 (1) A fuel systems hangar for Joint Region 

2 Marianas, Guam, in the amount of $128,000,000. 

3 (2) A consolidated engineer shop and supply fa4 cility for Thule Air Base, Greenland, in the amount 

5 of $39,000,000. 

6 (3) A fire crash rescue station for Hill Air 

7 Force Base, Utah, in the amount of $21,000,000. 

8 (4) A range communications facility for Cape 

9 Canaveral Air Force Station, Florida, in the amount 

10 of $20,000,000. 

11 (5) An air traffic control tower and base oper12 ations complex for Seymour-Johnson Air Force 

13 Base, North Carolina, in the amount of 

14 $16,500,000. 

15 (6) An aircraft maintenance hangar for Dover 

16 Air Force Base, Delaware, in the amount of 

17 $31,000,000. 

18 (7) A fire rescue center for Altus Air Force 

19 Base, Oklahoma, in the amount of $17,000,000. 

20 (8) Front gate force protection enhancements 

21 for the United States Air Force Academy, Colorado, 

22 in the amount of $8,000,000. 

23 (9) A munitions storage area for Joint Base 

24 McGuire-Dix-Lakehurst, New Jersey, in the amount 

25 of $10,000,000. 


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1 (10) A flight line fire station for Edwards Air 

2 Force Base, California, in the amount of 

3 $24,000,000. 

4 (b) USE OF UNOBLIGATED PRIOR-YEAR AIR FORCE

5 MILITARY CONSTRUCTION FUNDS.—The Secretary may 

6 use available, unobligated Air Force military construction 

7 funds appropriated for a fiscal year before fiscal year 2013 

8 for the projects described in subsection (a). 

9 (c) CONGRESSIONAL NOTIFICATION.—The Secretary 

10 of the Air Force shall provide information in accordance 

11 with section 2851(c) of title 10, United States Code, re12 garding the projects described in subsection (a). If it be13 comes necessary to exceed the estimated project cost, the 

14 Secretary shall utilize the authority provided by section 

15 2853 of such title regarding authorized cost and scope of 

16 work variations. 

17 SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

18 FISCAL YEAR 2010 PROJECTS. 

19 (a) EXTENSION.—Notwithstanding section 2002 of 

20 the Military Construction Authorization Act for Fiscal 

21 Year 2010 (division B of Public Law 111–84; 123 Stat. 

22 2627), authorizations set forth in the table in subsection 

23 (b), as provided in section 2301 of that Act (123 Stat. 

24 2636), shall remain in effect until October 1, 2013, or the 


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1 date of an Act authorizing funds for military construction 

2 for fiscal year 2014, whichever is later. 

3 (b) TABLE.—The table referred to in subsection (a) 

4 is as follows: 

Air Force: Extension of 2010 Project Authorizations 

State Installation or 

Location Project Amount 

Missouri ....... Whiteman AFB .............. Land Acquisition North 

& South Bdry.

$5,500,000 

Montana ...... Malmstrom AFB ............ Weapons Storage Area 

(WSA), Phase 2.

$10,600,000 

5 TITLE XXIV—DEFENSE AGEN6 CIES MILITARY CONSTRUC7 TION 

8 Subtitle A—Defense Agency 

9 Authorizations 

10 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC11 TION AND LAND ACQUISITION PROJECTS. 

12 (a) INSIDE THE UNITED STATES.—Using amounts 

13 appropriated pursuant to the authorization of appropria14 tions in section 2403(1), the Secretary of Defense may 

15 acquire real property and carry out military construction 

16 projects for the installations or locations inside the United 

17 States, and in the amounts, set forth in the following 

18 table: 

Defense Agencies: Inside the United States 

State Installation Amount 

Arizona ...................... Yuma ......................................................... $1,300,000 

California .................. Coronado .................................................... $55,259,000 

DEF Fuel Support Point-San Diego ........ $91,563,000 

Edwards Air Force Base ........................... $27,500,000 

Twentynine Palms ..................................... $27,400,000 


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Defense Agencies: Inside the United States—Continued 

State Installation Amount 

Colorado .................... Buckley Air Force Base ............................ $30,000,000 

Fort Carson ............................................... $56,673,000 

Pikes Peak ................................................. $3,600,000 

CONUS Classified .... Classified Location .................................... $6,477,000 

Delaware ................... Dover AFB ................................................ $2,000,000 

Florida ...................... Eglin AFB ................................................. $41,695,000 

Hurlburt Field ........................................... $16,000,000 

MacDill AFB ............................................. $34,409,000 

Hawaii ....................... Joint Base Pearl Harbor-Hickam ............. $24,289,000 

Illinois ....................... Great Lakes ............................................... $28,700,000 

Scott AFB ................................................. $86,711,000 

Indiana ...................... Grissom AFB ............................................ $26,800,000 

Kentucky ................... Fort Campbell ........................................... $71,639,000 

Louisiana .................. Barksdale AFB .......................................... $11,700,000 

Maryland ................... Annapolis ................................................... $66,500,000 

Bethesda Naval Hospital ........................... $69,200,000 

Fort Meade ................................................ $128,600,000 

Missouri .................... Fort Leonard Wood ................................... $18,100,000 

New Mexico ............... Cannon AFB ............................................. $93,085,000 

New York .................. Fort Drum ................................................. $43,200,000 

North Carolina .......... Camp Lejeune ........................................... $80,064,000 

Fort Bragg ................................................ $100,422,000 

Seymour Johnson AFB ............................. $55,450,000 

Pennsylvania ............. DEF Distribution Depot-New Cumberland $17,400,000 

South Carolina .......... Shaw AFB ................................................. $57,200,000 

Texas ......................... Red River Army Depot .............................. $16,715,000 

Virginia ..................... Joint Expeditionary Base Little CreekStory.$11,132,000 

Norfolk ....................................................... $8,500,000 

Washington ............... Fort Lewis ................................................. $50,520,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Defense Agencies: Outside the United States 

Country Installation Amount 

Belgium ..................... Brussels ..................................................... $26,969,000 

Germany .................... Stuttgart-Patch Barracks .......................... $2,413,000 

Vogelweh .................................................... $61,415,000 

Weisbaden .................................................. $52,178,000 

Guam ........................ Andersen AFB ........................................... $67,500,000 

Guantanamo Bay, 

Cuba.

Guantanamo Bay ....................................... $40,200,000 

Japan ........................ Camp Zama ............................................... $13,273,000 


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Defense Agencies: Outside the United States—Continued 

Country Installation Amount 

Kadena AB ................................................ $143,545,000 

Sasebo ........................................................ $35,733,000 

Zukeran ..................................................... $79,036,000 

Korea ........................ Kunsan AB ................................................ $13,000,000 

Osan AB .................................................... $77,292,000 

Romania Deveselu ..................................................... $157,900,000 

United Kingdom ....... Menwith Hill Station ................................. $50,283,000 

RAF Feltwell ............................................. $30,811,000 

RAF Mildenhall ......................................... $6,490,000 

1 SEC. 2402. AUTHORIZED ENERGY CONSERVATION 

2 PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2403(6), the Secretary 

5 of Defense may carry out energy conservation projects 

6 under chapter 173 of title 10, United States Code, in the 

7 amount of $150,000,000. 

8 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE9 FENSE AGENCIES. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal years beginning after September 30, 2012, for mili12 tary construction, land acquisition, and military family 

13 housing functions of the Department of Defense (other 

14 than the military departments) in the total amount of 

15 $3,708,647,000, as follows: 

16 (1) For military construction projects inside the 

17 United States authorized by section 2401(a), 

18 $1,356,203,000. 


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1 (2) For military construction projects outside 

2 the United States authorized by section 2401(b), 

3 $858,038,000. 

4 (3) For unspecified minor military construction 

5 projects under section 2805 of title 10, United 

6 States Code, $38,785,000. 

7 (4) For contingency construction projects of the 

8 Secretary of Defense under section 2804 of title 10, 

9 United States Code, $10,000,000. 

10 (5) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $315,562,000. 

13 (6) For energy conservation projects under 

14 chapter 173 of title 10, United States Code, 

15 $150,000,000. 

16 (7) For military family housing functions: 

17 (A) For support of military family housing 

18 (including functions described in section 2833 

19 of title 10, United States Code), $52,238,000. 

20 (B) For credits to the Department of De21 fense Family Housing Improvement Fund 

22 under section 2883 of title 10, United States 

23 Code, and the Homeowners Assistance Fund es24 tablished under section 1013 of the DemonstraVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 tion Cities and Metropolitan Development Act 

2 of 1966 (42 U.S.C. 3374), $1,786,000. 

3 (8) For the construction of increment 7 of the 

4 Army Medical Research Institute of Infectious Dis5 eases Stage I at Fort Detrick, Maryland, authorized 

6 by section 2401(a) of the Military Construction Au7 thorization Act of Fiscal Year 2007 (division B of 

8 Public Law 109–364; 120 Stat. 2457), $19,000,000. 

9 (9) For the construction of increment 4 of a 

10 National Security Agency data center at Camp Wil11 liams, Utah, authorized as a Military Construction, 

12 Defense-Wide project by the Supplemental Appro13 priations Act, 2009 (Public Law 111–32; 123 Stat. 

14 1888), $191,414,000. 

15 (10) For the construction of increment 4 of the 

16 hospital at Fort Bliss, Texas, authorized by section 

17 2401(a) of the Military Construction Authorization 

18 Act for Fiscal Year 2010 (division B of Public Law 

19 111–84; 123 Stat. 2642), $207,400,000. 

20 (11) For the construction of increment 2 of the 

21 high performance computing center at Fort Meade, 

22 Maryland, authorized by section 2401(a) of the Mili23 tary Construction Authorization Act for Fiscal Year 

24 2012 (division B of Public Law 112–81; 125 Stat. 


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1 1672), as amended by section 2405(a), 

2 $300,521,000. 

3 (12) For the construction of increment 2 of the 

4 ambulatory care center phase 3 at Joint Base San 

5 Antonio, Texas, authorized by section 2401(a) of the 

6 Military Construction Authorization Act for Fiscal 

7 Year 2012 (division B of Public Law 112–81; 125 

8 Stat. 1672), $80,700,000. 

9 (13) For the construction of increment 2 of the 

10 medical center replacement at Rhine Ordnance Bar11 racks, Germany, authorized by section 2401(b) of 

12 the Military Construction Authorization Act for Fis13 cal Year 2012 (division B of Public Law 112–81; 

14 125 Stat. 1673), $127,000,000. 

15 SEC. 2404. EXTENSION OF AUTHORIZATION OF CERTAIN 

16 FISCAL YEAR 2010 PROJECT. 

17 (a) EXTENSION.—Notwithstanding section 2002 of 

18 the Military Construction Authorization Act for Fiscal 

19 Year 2010 (division B of Public Law 111–84; 123 Stat. 

20 2627), authorizations set forth in the table in subsection 

21 (b), as provided in section 2401(a) of that Act (123 Stat. 

22 2640), shall remain in effect until October 1, 2013, or the 

23 date of the enactment of an Act authorizing funds for mili24 tary construction for fiscal year 2014, whichever is later: 


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1 (b) TABLE.—The table referred to in subsection (a) 

2 is as follows: 

Washington Headquarters Services: Extension of 2010 Project 

Authorization 

State Installation or 

Location Project Amount 

Virginia ....... Pentagon Reservation .... Pentagon electrical upgrade.$19,272,000 

3 SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT 

4 CERTAIN FISCAL YEAR 2012 PROJECTS. 

5 (a) MARYLAND.—The table in section 2401(a) of the 

6 Military Construction Authorization Act for Fiscal Year 

7 2012 (division B of Public Law 112–81; 125 Stat. 1672), 

8 is amended in the item relating to Fort Meade, Maryland, 

9 by striking ‘‘$29,640,000’’ in the amount column and in10 serting ‘‘$792,200,000’’. 

11 (b) GERMANY.—The table in section 2401(b) of the 

12 Military Construction Authorization Act for Fiscal Year 

13 2012 (division B of Public Law 112–81; 125 Stat. 1673), 

14 is amended in the item relating to Rhine Ordnance Bar15 racks, Germany, by striking ‘‘$750,000,000’’ in the 

16 amount column and inserting ‘‘$1,251,431,000’’. 


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1 Subtitle B—Chemical 

2 Demilitarization Authorizations 

3 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM4 ICAL DEMILITARIZATION CONSTRUCTION, 

5 DEFENSE-WIDE. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2012, for mili8 tary construction and land acquisition for chemical demili9 tarization in the total amount of $151,000,000 as follows: 

10 (1) For the construction of phase 14 of a chem11 ical munitions demilitarization facility at Pueblo 

12 Chemical Activity, Colorado, authorized by section 

13 2401(a) of the Military Construction Authorization 

14 Act for Fiscal Year 1997 (division B of Public Law 

15 104–201; 110 Stat. 2775), as amended by section 

16 2406 of the Military Construction Authorization Act 

17 for Fiscal Year 2000 (division B of Public Law 106– 

18 65; 113 Stat. 839), section 2407 of the Military 

19 Construction Authorization Act for Fiscal Year 2003 

20 (division B of Public Law 107–314; 116 Stat. 

21 2698), and section 2413 of the Military Construc22 tion Authorization Act for Fiscal Year 2009 (divi23 sion B of Public Law 110–417; 122 Stat. 4697), 

24 $36,000,000. 


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1 (2) For the construction of phase 13 of a muni2 tions demilitarization facility at Blue Grass Army 

3 Depot, Kentucky, authorized by section 2401(a) of 

4 the Military Construction Authorization Act for Fis5 cal Year 2000 (division B of Public Law 106–65; 

6 113 Stat. 835), as amended by section 2405 of the 

7 Military Construction Authorization Act for Fiscal 

8 Year 2002 (division B of Public Law 107–107; 115 

9 Stat. 1298), section 2405 of the Military Construc10 tion Authorization Act for Fiscal Year 2003 (divi11 sion B of Public Law 107–314; 116 Stat. 2698), 

12 section 2414 of the Military Construction Authoriza13 tion Act for Fiscal Year 2009 (division B of Public 

14 Law 110–417; 122 Stat. 4697), and section 2412 of 

15 the Military Construction Authorization Act for Fis16 cal Year 2011 (division B of Public Law 111–383; 

17 124 Stat. 4450), $115,000,000. 

18 SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT 

19 CERTAIN FISCAL YEAR 1997 PROJECT. 

20 (a) MODIFICATIONS.—The table in section 2401(a) 

21 of the Military Construction Authorization Act for Fiscal 

22 Year 1997 (division B of Public Law 104–201; 110 Stat. 

23 2775), as amended by section 2406 of the Military Con24 struction Authorization Act for Fiscal Year 2000 (division 

25 B of Public Law 106–65; 113 Stat. 839), section 2407 


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1 of the Military Construction Authorization Act for Fiscal 

2 Year 2003 (division B of Public Law 107–314; 116 Stat. 

3 2699), and section 2413 of the Military Construction Au4 thorization Act for Fiscal Year 2009 (division B of Public 

5 Law 110–417; 122 Stat. 4697), is amended— 

6 (1) under the agency heading relating to Chem7 ical Demilitarization Program, in the item relating 

8 to Pueblo Army Depot, Colorado, by striking 

9 ‘‘$484,000,000’’ in the amount column and inserting 

10 ‘‘$520,000,000’’; and 

11 (2) by striking the amount identified as the 

12 total in the amount column and inserting 

13 ‘‘$866,454,000’’. 

14 (b) CONFORMING AMENDMENT.—Section 2406(b)(2) 

15 of the Military Construction Authorization Act for Fiscal 

16 Year 1997 (110 Stat. 2779), as so amended, is further 

17 amended by striking ‘‘$484,000,000’’ and inserting 

18 ‘‘$520,000,000’’. 


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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, 2012, 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, in the amount of $254,163,000. 


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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 (a) INSIDE THE UNITED STATES.—Using amounts 

10 appropriated pursuant to the authorization of appropria11 tions in section 2606(1), the Secretary of the Army may 

12 acquire real property and carry out military construction 

13 projects for the Army National Guard locations inside the 

14 United States, and in the amounts, set forth in the fol15 lowing table: 

Army National Guard: Inside the United States 

State Installation Amount 

Alabama .................. Fort McClellan ............................................. $5,400,000 

Arkansas ................. Searcy .......................................................... $6,800,000 

California ................ Fort Irwin .................................................... $25,000,000 

Connecticut ............. Camp Hartell ............................................... $32,000,000 

Delaware ................. Bethany Beach ............................................. $5,500,000 

Florida .................... Camp Blanding ............................................ $9,000,000 

Miramar ....................................................... $20,000,000 

Hawaii .................... Kapolei ......................................................... $28,000,000 

Idaho ....................... Orchard Training Area ................................ $40,000,000 

Indiana .................... South Bend .................................................. $21,000,000 

Terre Haute ................................................. $9,000,000 

Iowa ........................ Camp Dodge ................................................ $3,000,000 

Kansas .................... Topeka ......................................................... $9,500,000 

Kentucky ................. Frankfort ..................................................... $32,000,000 

Massachusetts ......... Camp Edwards ............................................ $22,000,000 

Minnesota ............... Camp Ripley ................................................ $17,000,000 

St. Paul ........................................................ $17,000,000 

Missouri .................. Fort Leonard Wood ..................................... $18,000,000 

Kansas City ................................................. $1,900,000 

Monett .......................................................... $820,000 

Perryville ...................................................... $700,000 

Montana .................. Miles City ..................................................... $11,000,000 

New Jersey ............. Sea Girt ....................................................... $34,000,000 


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Army National Guard: Inside the United States—Continued 

State Installation Amount 

New York ................ Stormville ..................................................... $24,000,000 

Ohio ........................ Chillicothe .................................................... $3,100,000 

Delaware ...................................................... $12,000,000 

Oklahoma ................ Camp Gruber ............................................... $25,000,000 

Utah ........................ Camp Williams ............................................. $36,000,000 

Washington ............. Fort Lewis ................................................... $35,000,000 

West Virginia .......... Logan ........................................................... $14,200,000 

Wisconsin ................ Wausau ........................................................ $10,000,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2606(1), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the Army National Guard locations outside 

6 the United States, and in the amounts, set forth in the 

7 following table: 

Army National Guard: Outside the United States 

Country Installation Amount 

Guam ........................ Barrigada ................................................. $8,500,000 

Puerto Rico ............... Camp Santiago ......................................... $3,800,000 

Ceiba ......................................................... $2,200,000 

Guaynabo ................................................. $15,000,000 

Gurabo ...................................................... $14,700,000 

8 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

9 AND LAND ACQUISITION PROJECTS. 

10 Using amounts appropriated pursuant to the author11 ization of appropriations in section 2606(2), the Secretary 

12 of the Army may acquire real property and carry out mili13 tary construction projects for the Army Reserve locations 

14 inside the United States, and in the amounts, set forth 

15 in the following table: 


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Army Reserve 

State Installation Amount 

California .............................. Fort Hunter Liggett ...................... $68,300,000 

Tustin ............................................. $27,000,000 

Illinois ................................. Fort Sheridan ................................. $28,000,000 

Maryland .............................. Aberdeen Proving Ground .............. $21,000,000 

Baltimore ........................................ $10,000,000 

Massachusetts ...................... Devens Reserve Forces Training 

Area.

$8,500,000 

Nevada .................................. Las Vegas ....................................... $21,000,000 

New Jersey ........................... Joint Base McGuire-Dix-Lakehurst $7,400,000 

Washington ........................... Joint Base Lewis-McChord ............ $40,000,000 

Wisconsin ............................. Fort McCoy .................................... $47,800,000 

1 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

2 CORPS RESERVE CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2606(3), the Secretary 

6 of the Navy may acquire real property and carry out mili7 tary construction projects for the Navy Reserve and Ma8 rine Corps Reserve locations inside the United States, and 

9 in the amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Installation Amount 

Arizona ................................. Yuma .............................................. $5,379,000 

Iowa ...................................... Fort Des Moines ............................ $19,162,000 

Louisiana .............................. New Orleans ................................... $7,187,000 

New York ............................. Brooklyn ......................................... $4,430,000 

Texas .................................... Fort Worth ..................................... $11,256,000 

10 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC11 TION AND LAND ACQUISITION PROJECTS. 

12 Using amounts appropriated pursuant to the author13 ization of appropriations in section 2606(4), the Secretary 

14 of the Air Force may acquire real property and carry out 

15 military construction projects for the Air National Guard 


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1 locations inside the United States, and in the amounts, 

2 set forth in the following table: 

Air National Guard 

State Installation Amount 

California ............................ Fresno Yosemite IAP ANG ........... $11,000,000 

Hawaii .................................. Joint Base Pearl Harbor-Hickam .. $6,500,000 

New Mexico .......................... Kirtland AFB ................................. $8,500,000 

Wyoming .............................. Cheyenne MAP ............................... $6,486,000 

3 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2606(5), the Secretary 

7 of the Air Force may acquire real property and carry out 

8 military construction projects for the Air Force Reserve 

9 locations inside the United States, and in the amounts, 

10 set forth in the following table: 

Air Force Reserve 

State Installation Amount 

New York ............................. Niagara Falls IAP ......................... $6,100,000 

11 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA12 TIONAL GUARD AND RESERVE. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal years beginning after September 30, 2012, for the 

15 costs of acquisition, architectural and engineering services, 

16 and construction of facilities for the Guard and Reserve 

17 Forces, and for contributions therefor, under chapter 

18 1803 of title 10, United States Code (including the cost 


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1 of acquisition of land for those facilities), in the following 

2 amounts: 

3 (1) For the Department of the Army, for the 

4 Army National Guard of the United States, 

5 $613,799,000. 

6 (2) For the Department of the Army, for the 

7 Army Reserve, $305,846,000. 

8 (3) For the Department of the Navy, for the 

9 Navy and Marine Corps Reserve, $49,532,000. 

10 (4) For the Department of the Air Force, for 

11 the Air National Guard of the United States, 

12 $42,386,000. 

13 (5) For the Department of the Air Force, for 

14 the Air Force Reserve, $10,979,000. 

15 Subtitle B—Other Matters 

16 SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT 

17 CERTAIN FISCAL YEAR 2010 AND 2011 

18 PROJECTS. 

19 (a) AUTHORITY TO CARRY OUT ARMY NATIONAL

20 GUARD READINESS CENTER PROJECT, NORTH LAS

21 VEGAS, NEVADA.—In the case of the authorization con22 tained in the table in section 2601 of the Military Con23 struction Authorization Act for Fiscal Year 2010 (division 

24 B of Public Law 111–84; 123 Stat. 2648) for North Las 

25 Vegas, Nevada, for construction of a Readiness Center, 


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1 the Secretary of the Army may construct up to 68,593 

2 square feet of readiness center, 10,000 square feet of 

3 unheated equipment storage area, and 25,000 square feet 

4 of unheated vehicle storage, consistent with the Army’s 

5 construction guidelines for readiness centers. 

6 (b) AUTHORITY TO CARRY OUT ARMY RESERVE

7 CENTER PROJECT, MIRAMAR, CALIFORNIA.—In the case 

8 of the authorization contained in the table in section 2602 

9 of the Military Construction Authorization Act for Fiscal 

10 Year 2010 (division B of Public Law 111–84; 123 Stat. 

11 2649) for Camp Pendleton, California, for construction of 

12 an Army Reserve Center, the Secretary of the Army may 

13 instead construct an Army Reserve Center in the vicinity 

14 of the Marine Corps Air Station, Miramar, California. 

15 (c) AUTHORITY TO CARRY OUT ARMY RESERVE

16 CENTER PROJECT, BRIDGEPORT, CONNECTICUT.—In the 

17 case of the authorization contained in the table in section 

18 2602 of the Military Construction Authorization Act for 

19 Fiscal Year 2010 (division B of Public Law 111–84; 123 

20 Stat. 2649) for Bridgeport, Connecticut, for construction 

21 of an Army Reserve Center/Land, the Secretary of the 

22 Army may instead construct an Army Reserve Center and 

23 acquire land in the vicinity of Bridgeport, Connecticut. 

24 (d) AUTHORITY TO CARRY OUT ARMY RESERVE

25 CENTER PROJECT, FORT STORY, VIRGINIA.—In the case 


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1 of the authorization contained in the table in section 2602 

2 of the Military Construction Authorization Act for Fiscal 

3 Year 2011 (division B of Public Law 111–383; 124 Stat. 

4 4453) for Fort Story, Virginia, for construction of an 

5 Army Reserve Center, the Secretary of the Army may in6 stead construct an Army Reserve Center in the vicinity 

7 of Fort Story, Virginia. 

8 SEC. 2612. ADDITIONAL AUTHORITY TO CARRY OUT CER9 TAIN FISCAL YEAR 2013 ARMY PROJECTS. 

10 (a) PROJECT AUTHORIZATIONS.—The Secretary of 

11 the Army may carry out military construction projects to 

12 construct the following: 

13 (1) A defense access road for Conneaut Lake, 

14 Pennsylvania, in the amount of $4,800,000. 

15 (2) An access control point for Fort Hunter 

16 Liggett, California, in the amount of $10,000,000. 

17 (3) An Operational Readiness Training Com18 plex (ORTC) barracks for Camp Grayling, Michigan, 

19 in the amount of $17,000,000. 

20 (4) A field maintenance shop for North Hyde 

21 Park, Vermont, in the amount of $4,397,000. 

22 (5) A ground water extraction, treatment, and 

23 recharge system for Camp Edwards, Massachusetts, 

24 in the amount of $5,200,000. 


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1 (b) USE OF UNOBLIGATED PRIOR-YEAR ARMY RE2 SERVE AND ARMY NATIONAL GUARD MILITARY CON3 STRUCTION FUNDS.—The Secretary may use available, 

4 unobligated Army Reserve and Army National Guard mili5 tary construction funds appropriated for a fiscal year be6 fore fiscal year 2013 for the projects described in sub7 section (a). 

8 (c) CONGRESSIONAL NOTIFICATION.—The Secretary 

9 of the Army shall provide information in accordance with 

10 section 2851(c) of title 10, United States Code, regarding 

11 the projects described in subsection (a). If it becomes nec12 essary to exceed the estimated project cost, the Secretary 

13 shall utilize the authority provided by section 2853 of such 

14 title regarding authorized cost and scope of work vari15 ations. 

16 SEC. 2613. ADDITIONAL AUTHORITY TO CARRY OUT CER17 TAIN FISCAL YEAR 2013 AIR FORCE 

18 PROJECTS. 

19 (a) PROJECT AUTHORIZATIONS.—The Secretary of 

20 the Air Force may carry out military construction projects 

21 to construct the following: 

22 (1) A dormitory classroom facility for McGhee23 Tyson Airport, Tennessee, in the amount of 

24 $18,000,000. 


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1 (2) A joint regional deployment processing cen2 ter, phase 1, for March Air Reserve Base, Cali3 fornia, in the amount of $16,900,000. 

4 (b) USE OF UNOBLIGATED PRIOR-YEAR AIR FORCE

5 RESERVE AND AIR NATIONAL GUARD MILITARY CON6 STRUCTION FUNDS.—The Secretary may use available, 

7 unobligated Air Force Reserve and Air National Guard 

8 military construction funds appropriated for a fiscal year 

9 before fiscal year 2013 for the projects described in sub10 section (a). 

11 (c) CONGRESSIONAL NOTIFICATION.—The Secretary 

12 of the Air Force shall provide information in accordance 

13 with section 2851(c) of title 10, United States Code, re14 garding the projects described in subsection (a). If it be15 comes necessary to exceed the estimated project cost, the 

16 Secretary shall utilize the authority provided by section 

17 2853 of such title regarding authorized cost and scope of 

18 work variations. 

19 SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN 

20 FISCAL YEAR 2009 PROJECT. 

21 (a) EXTENSION.—Notwithstanding section 2002 of 

22 the Military Construction Authorization Act for Fiscal 

23 Year 2009 (division B of Public Law 110–417; 122 Stat. 

24 4658), the authorization set forth in the table in sub25 section (b), as provided in section 2604 of that Act (122 


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1 Stat. 4706), shall remain in effect until October 1, 2013, 

2 or the date of the enactment of an Act authorizing funds 

3 for military construction for fiscal year 2014, whichever 

4 is later. 

5 (b) TABLE.—The table referred to in subsection (a) 

6 is as follows: 

Air National Guard: Extension of 2009 Project Authorization 

State Installation or 

Location Project Amount 

Mississippi ... Gulfport-Biloxi Airport .. Relocate Munitions Complex.$3,400,000 

7 SEC. 2615. EXTENSION OF AUTHORIZATION OF CERTAIN 

8 FISCAL YEAR 2010 PROJECTS. 

9 (a) EXTENSION.—Notwithstanding section 2002 of 

10 the Military Construction Authorization Act for Fiscal 

11 Year 2010 (division B of Public Law 111–84; 123 Stat. 

12 2627), the authorizations set forth in the tables in sub13 section (b), as provided in sections 2602 and 2604 of that 

14 Act (123 Stat. 2649, 2651), shall remain in effect until 

15 October 1, 2013, or the date of the enactment of an Act 

16 authorizing funds for military construction for fiscal year 

17 2014, whichever is later. 

18 (b) TABLE.—The tables referred to in subsection (a) 

19 are as follows: 

Army Reserve: Extension of 2010 Project Authorization 

State Installation or 

Location Project Amount 

California .... Camp Pendleton ............. Army Reserve Center ..... $19,500,000 

Connecticut Bridgeport ...................... Army Reserve Center/ 

Land.

$18,500,000 


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Air National Guard: Extension of 2010 Project Authorization 

State Installation or 

Location Project Amount 

Mississippi ... Gulfport-Biloxi Airport .. Relocate Base Entrance $6,500,000 

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 1990. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal years beginning after September 30, 2012, 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 1990 established by sec16 tion 2906 of such Act, in the total amount of 

17 $349,396,000, as follows: 

18 (1) For the Department of the Army, 

19 $79,893,000. 

20 (2) For the Department of the Navy, 

21 $146,951,000. 


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1 (3) For the Department of the Air Force, 

2 $122,552,000. 

3 SEC. 2702. AUTHORIZATION OF APPROPRIATIONS FOR 

4 BASE REALIGNMENT AND CLOSURE ACTIVI5 TIES FUNDED THROUGH DEPARTMENT OF 

6 DEFENSE BASE CLOSURE ACCOUNT 2005. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal years beginning after September 30, 2012, for base 

9 realignment and closure activities, including real property 

10 acquisition and military construction projects, as author11 ized by the Defense Base Closure and Realignment Act 

12 of 1990 (part A of title XXIX of Public Law 101–510; 

13 10 U.S.C. 2687 note) and funded through the Department 

14 of Defense Base Closure Account 2005 established by sec15 tion 2906A of such Act, in the total amount of 

16 $126,697,000 as follows: 

17 (1) For the Department of the Army, 

18 $106,219,000. 

19 (2) For the Department of the Navy, 

20 $18,210,000. 

21 (3) For the Department of the Air Force, 

22 $2,268,000. 


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1 SEC. 2703. TECHNICAL AMENDMENTS TO SECTION 2702 OF 

2 FISCAL YEAR 2012 ACT. 

3 (a) CORRECTION.—Section 2702 of the Military Con4 struction Authorization Act for Fiscal Year 2012 (division 

5 B of Public Law 112–81; 125 Stat. 1681) is amended by 

6 striking ‘‘Using amounts’’ and all that follows through 

7 ‘‘may carry out’’ and inserting ‘‘Funds are hereby author8 ized to be appropriated for fiscal years beginning after 

9 September 30, 2011, for’’. 

10 (b) CONFORMING AMENDMENT.—The heading of 

11 such section is amended by striking ‘‘AUTHORIZED’’ and 

12 inserting ‘‘AUTHORIZATION OF APPROPRIATIONS

13 FOR’’. 

14 TITLE XXVIII—MILITARY CON15 STRUCTION GENERAL PROVI16 SIONS 

17 SEC. 2801. USE OF PROCEEDS, LAND CONVEYANCE, TYN18 DALL AIR FORCE BASE, FLORIDA. 

19 Section 2862(c) of the National Defense Authoriza20 tion Act for Fiscal Year 2000 (Public Law 106–65; 113 

21 Stat. 868) is amended— 

22 (1) by striking ‘‘and’’ and inserting a comma; 

23 and 

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

25 following: ‘‘, or for other purposes, subject to the 


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1 same limitations, described in section 2667(e) of 

2 title 10, United States Code’’. 

3 SEC. 2802. EXTENSION OF TEMPORARY, LIMITED AUTHOR4 ITY TO USE OPERATION AND MAINTENANCE 

5 FUNDS FOR CONSTRUCTION PROJECTS IN 

6 CERTAIN AREAS OUTSIDE THE UNITED 

7 STATES. 

8 Section 2808 of the Military Construction Authoriza9 tion Act for Fiscal Year 2004 (division B of Public Law 

10 108–136; 117 Stat. 1723), as most recently amended by 

11 section 2804 of the Military Construction Authorization 

12 Act for Fiscal Year 2012 (division B of Public Law 112– 

13 81; 125 Stat. 1685), is further amended— 

14 (1) in subsection (c)— 

15 (A) by striking paragraph (2); 

16 (B) by redesignating paragraph (3) as 

17 paragraph (2); and 

18 (C) in paragraph (2), as so redesignated, 

19 by striking the last sentence; and 

20 (2) in subsection (h)— 

21 (A) in paragraph (1), by striking ‘‘Sep22 tember 30, 2012’’ and inserting ‘‘September 30, 

23 2013’’; and 

24 (B) in paragraph (2), by striking ‘‘fiscal 

25 year 2013’’ and inserting ‘‘fiscal year 2014’’. 


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1 SEC. 2803. AUTHORITY FOR USE OF MULTIPLE APPROPRIA2 TIONS FOR INFRASTRUCTURE PROJECTS AT 

3 ARLINGTON NATIONAL CEMETERY. 

4 (a) USE OF O&M FUNDS FOR SUSTAINMENT, RES5 TORATION, AND MODERNIZATION OF REAL PROPERTY.— 

6 The Secretary of the Army may use funds authorized to 

7 be appropriated for Operations and Maintenance, Army, 

8 for fiscal year 2013 for sustainment, restoration, and 

9 modernization of real property at Arlington National Cem10 etery in Arlington, Virginia. 

11 (b) USE OF MILCON FUNDS TO SUPPORT CEME12 TERY EXPANSION AND INFRASTRUCTURE IMPROVE13 MENT.—The Secretary of the Army may use funds author14 ized to be appropriated for Military Construction, Army, 

15 for fiscal year 2013 as follows: 

16 (1) To undertake planning and design, unspec17 ified minor military construction projects, and other 

18 military construction projects authorized by law at 

19 Arlington National Cemetery in Arlington, Virginia. 

20 (2) To carry out military construction projects 

21 not covered by paragraph (1) and not otherwise au22 thorized by law to improve or support the expansion 

23 of Arlington National Cemetery, subject to sub24 section (c). 

25 (c) LIMITATION ON START OF NEW CONSTRUCTION

26 PROJECTS.—(1) A military construction project may be 


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1 carried out under subsection (b)(2) only with notification 

2 to the congressional defense committees that is provided 

3 at least 10 days before the start of the project. Such noti4 fication shall include— 

5 (A) the justification for the project and the cur6 rent estimate of the cost of the project; 

7 (B) the justification for carrying out the project 

8 under this section; and 

9 (C) a statement of the source of the funds to 

10 be used. 

11 (2) In this subsection, the term ‘‘congressional de12 fense committees’’ has the meaning given that term is sec13 tion 101(a)(16) of title 10, United States Code. 

14 (d) ADDITIONAL AUTHORITY.—The authority pro15 vided by this section is in addition to the authority to use 

16 the Cemeterial Expenses, Army, appropriation for nec17 essary expenses of the same general purpose. 

18 SEC. 2804. REVISIONS TO MINOR MILITARY CONSTRUCTION 

19 AUTHORITIES. 

20 (a) ESTABLISHMENT OF MINOR MILITARY CON21 STRUCTION EXCEPTION THRESHOLD.—Subsection (a) of 

22 section 2805 of title 10, United States Code, is amended 

23 by adding at the end the following new paragraph: 

24 ‘‘(3) For purposes of this section, the minor military 

25 construction exception threshold is $4,000,000.’’. 


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1 (b) INCREASE IN DOLLAR THRESHOLDS FOR CER2 TAIN AUTHORITIES RELATING TO UNSPECIFIED MINOR

3 MILITARY CONSTRUCTION.— 

4 (1) MAXIMUM AMOUNT FOR PROJECTS TO COR5 RECT DEFICIENCIES THAT ARE LIFE-, HEALTH-, OR

6 SAFETY-THREATENING.—Subsection (a)(2) of such 

7 section is amended by striking ‘‘$3,000,000’’ in the 

8 second sentence and inserting ‘‘the minor military 

9 construction exception threshold’’. 

10 (2) MAXIMUM AMOUNT FOR GENERAL RULE

11 FOR PROJECTS FOR WHICH O&M FUNDS MAY BE

12 USED.—Subsection (c) of such section is amended 

13 by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’. 

14 (3) EXCEPTION AMOUNT FOR SPECIFIED CAT15 EGORIES OF PROJECTS.—Subsection (c) of such sec16 tion is further amended— 

17 (A) by striking ‘‘The Secretary’’ and in18 serting ‘‘Except as provided in paragraph (2), 

19 the Secretary’’; and 

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

21 paragraph: 

22 ‘‘(2) Notwithstanding the amount specified in para23 graph (1), the Secretary concerned may spend from appro24 priations available for operation and maintenance amounts 

25 necessary to carry out an unspecified minor military conVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 struction project costing not more than the minor military 

2 construction exception threshold for projects as follows: 

3 ‘‘(A) For a project to enhance the deployment 

4 and mobility of military forces and supplies. 

5 ‘‘(B) For a project that is necessary to meet 

6 military operational requirements involving the use 

7 of the armed forces in support of— 

8 ‘‘(i) a declaration of war; 

9 ‘‘(ii) a declaration by the President of a 

10 national emergency under section 201 of the 

11 National Emergencies Act (50 U.S.C. 1621); or 

12 ‘‘(iii) a contingency operation.’’ 

13 (c) MINIMUM AMOUNT FOR PROJECTS SUBJECT TO

14 SECRETARIAL APPROVAL AND CONGRESSIONAL NOTICE15 AND-WAIT.—Subsection (b)(1) of such section is amended 

16 by striking ‘‘$750,000’’ and inserting ‘‘the amount speci17 fied in subsection (c)(1)’’. 

18 (d) CONFORMING AMENDMENT.—Subsection (b)(1) 

19 of such section is amended by striking ‘‘made available’’ 

20 in the second sentence and all that follows through ‘‘sup21 plies’’ and inserting ‘‘as provided in subsection (c)(2)’’. 

22 (e) MODIFICATION AND EXTENSION OF AUTHORITY

23 FOR LABORATORY REVITALIZATION PROJECTS.— 

24 (1) MODIFICATION.—Subsection (d) of such 

25 section is amended— 


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1 (A) in paragraph (1)(A), by striking ‘‘not 

2 more than $2,000,000’’ and inserting ‘‘not 

3 more than $4,000,000, notwithstanding sub4 section (c)’’; and 

5 (B) in paragraph (2), by inserting after 

6 ‘‘(2)’’ the following new sentence: ‘‘For pur7 poses of this subsection, an unspecified minor 

8 military construction project is a military con9 struction project that (notwithstanding sub10 section (a)) has an approved cost equal to or 

11 less than $4,000,000.’’. 

12 (2) EFFECTIVE DATE.—The amendments made 

13 by paragraph (1) do not apply to any laboratory re14 vitalization project for which the design phase has 

15 been completed as of the date of the enactment of 

16 this Act. 

17 SEC. 2805. AUTHORITY FOR ACCEPTANCE OF FUNDS TO 

18 COVER ADMINISTRATIVE EXPENSES ASSOCI19 ATED WITH REAL PROPERTY LEASES AND 

20 EASEMENTS. 

21 Section 2667(e)(1)(C) of title 10, United States 

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

23 clause: 

24 ‘‘(vi) Amounts as the Secretary considers nec25 essary to cover program expenses incurred by the 


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1 Secretary under this section and for easements 

2 under section 2668 of this title.’’. 

3 SEC. 2806. MODIFICATION TO AUTHORIZED LAND CONVEY4 ANCE AND EXCHANGE, JOINT BASE ELMEN5 DORF RICHARDSON, ALASKA. 

6 (a) CHANGE IN OFFICER AUTHORIZED TO CARRY

7 OUT THE CONVEYANCES.—Subsection (a) of section 2851 

8 of the National Defense Authorization Act for Fiscal Year 

9 2012 (Public Law 112–81; 125 Stat. 1697) is amended— 

10 (1) in paragraph (1), by striking ‘‘The Sec11 retary of the Air Force may, in consultation with the 

12 Secretary of the Interior’’ and inserting ‘‘The Sec13 retary of the Interior may, in consultation with the 

14 Secretary of the Air Force’’; and 

15 (2) in paragraph (2)— 

16 (A) by striking ‘‘The Secretary of the Air 

17 Force may, in consultation with the Secretary 

18 of the Interior, upon terms mutually agreeable 

19 to the Secretary of the Air Force’’ and inserting 

20 ‘‘The Secretary of the Interior may, in con21 sultation with the Secretary of the Air Force, 

22 upon terms mutually agreeable to the Secretary 

23 of the Interior’’; and 

24 (B) by striking ‘‘in consultation with the 

25 Secretary of the Interior’’ and inserting ‘‘in 


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1 consultation with the Secretary of the Air 

2 Force’’. 

3 (b) CONFORMING AMENDMENTS.—Such section is 

4 further amended— 

5 (1) in subsection (a)(3), by inserting ‘‘of the In6 terior’’ after ‘‘Secretary’’; 

7 (2) in subsection (c)— 

8 (A) by striking ‘‘The Secretary of the Air 

9 Force’’ in paragraph (1) and inserting ‘‘The 

10 Secretary of the Interior’’; and 

11 (B) by striking ‘‘the Secretary’’ each place 

12 it appears and inserting ‘‘the Secretaries’’; and 

13 (3) in subsections (e) and (f), by inserting ‘‘of 

14 the Interior’’ after ‘‘Secretary’’. 

15 (c) TECHNICAL AMENDMENT.—Subsection (a)(1) of 

16 such section is further amended by striking ‘‘JBER’’ and 

17 inserting ‘‘Joint Base Elmendorf Richardson, Alaska (in 

18 this section referred to as ‘JBER’),’’. 

19 TITLE XXIX—DEFENSE BASE 

20 CLOSURE AND REALIGNMENT 

21 SEC. 2901. SHORT TITLE AND PURPOSE. 

22 (a) SHORT TITLE.—This title may be cited as the 

23 ‘‘Defense Base Closure and Realignment Act of 2012’’. 

24 (b) PURPOSE.—The purpose of this title is to provide 

25 a fair process that will result in the timely closure and 


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1 realignment of military installations inside the United 

2 States. 

3 SEC. 2902. THE COMMISSION. 

4 (a) ESTABLISHMENT.—There is established an inde5 pendent commission to be known as the ‘‘Defense Base 

6 Closure and Realignment Commission’’. 

7 (b) DUTIES.—The Commission shall carry out the 

8 duties specified for it in this title. 

9 (c) APPOINTMENT.—(1)(A) The Commission shall be 

10 composed of nine members appointed by the President, by 

11 and with the advice and consent of the Senate. 

12 (B) Subject to the certifications required under sec13 tion 2903(b), the President may commence a round for 

14 the selection of military installations for closure and re15 alignment under this title in 2013 and 2015 by transmit16 ting to the Senate, nominations for appointment to the 

17 Commission— 

18 (i) by no later than March 1, 2013, in the case 

19 of members of the Commission whose terms will ex20 pire at the end of the first session of the 113th Con21 gress; and 

22 (ii) by no later than March 2, 2015, in the case 

23 of members of the Commission whose terms will ex24 pire at the end of the first session of the 114th Con25 gress. 


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1 (C) If the President does not transmit to Congress 

2 the nominations for appointment to the Commission on 

3 or before the date specified, the process by which military 

4 installations may be selected for closure or realignment 

5 under this title with respect to that year shall be termi6 nated. 

7 (2) In selecting individuals for nominations for ap8 pointments to the Commission, the President should con9 sult with— 

10 (A) the Speaker of the House of Representa11 tives concerning the appointment of two members; 

12 (B) the majority leader of the Senate con13 cerning the appointment of two members; 

14 (C) the minority leader of the House of Rep15 resentatives concerning the appointment of one 

16 member; and 

17 (D) the minority leader of the Senate con18 cerning the appointment of one member. 

19 (3) At the time the President nominates individuals 

20 for appointment to the Commission for each session of 

21 Congress referred to in paragraph (1)(B), the President 

22 shall designate one such individual who shall serve as 

23 Chairman of the Commission. 

24 (d) TERMS.—(1) Except as provided in paragraph 

25 (2), each member of the Commission shall serve until the 


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1 adjournment of Congress sine die for the session during 

2 which the member was appointed to the Commission. 

3 (2) The Chairman of the Commission shall serve until 

4 the confirmation of a successor. 

5 (e) MEETINGS.—(1) The Commission shall meet only 

6 during calendar years 2013 and 2015. 

7 (2)(A) Each meeting of the Commission, other than 

8 meetings in which classified information is to be discussed, 

9 shall be open to the public. 

10 (B) All the proceedings, information, and delibera11 tions of the Commission shall be open, upon request, to 

12 the following: 

13 (i) The Chairman and the ranking minority 

14 party member of the Subcommittee on Readiness 

15 and Management Support of the Committee on 

16 Armed Services of the Senate, or such other mem17 bers of the Subcommittee designated by such Chair18 man or ranking minority party member. 

19 (ii) The Chairman and the ranking minority 

20 party member of the Subcommittee on Readiness of 

21 the Committee on Armed Services of the House of 

22 Representatives, or such other members of the Sub23 committee designated by such Chairman or ranking 

24 minority party member. 


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1 (iii) The Chairmen and ranking minority party 

2 members of the subcommittees with jurisdiction for 

3 military construction of the Committees on Appro4 priations of the Senate and of the House of Rep5 resentatives, or such other members of the sub6 committees designated by such Chairmen or ranking 

7 minority party members. 

8 (f) VACANCIES.—A vacancy in the Commission shall 

9 be filled in the same manner as the original appointment, 

10 but the individual appointed to fill the vacancy shall serve 

11 only for the unexpired portion of the term for which the 

12 individual’s predecessor was appointed. 

13 (g) PAY AND TRAVEL EXPENSES.—(1)(A) Each 

14 member, other than the Chairman, shall be paid at a rate 

15 equal to the daily equivalent of the minimum annual rate 

16 of basic pay payable for level IV of the Executive Schedule 

17 under section 5315 of title 5, United States Code, for each 

18 day (including travel time) during which the member is 

19 engaged in the actual performance of duties vested in the 

20 Commission. 

21 (B) The Chairman shall be paid for each day referred 

22 to in subparagraph (A) at a rate equal to the daily equiva23 lent of the minimum annual rate of basic pay payable for 

24 level III of the Executive Schedule under section 5314, 

25 of title 5, United States Code. 


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1 (2) Members shall receive travel expenses, including 

2 per diem in lieu of subsistence, in accordance with sections 

3 5702 and 5703 of title 5, United States Code. 

4 (h) DIRECTOR OF STAFF.—(1) The Commission 

5 shall, without regard to section 5311 of title 5, United 

6 States Code, appoint a Director who has not served on 

7 active duty in the Armed Forces or as a civilian employee 

8 of the Department of Defense during the one-year period 

9 preceding the date of such appointment. 

10 (2) The Director shall be paid at the rate of basic 

11 pay payable for level IV of the Executive Schedule under 

12 section 5315 of title 5, United States Code. 

13 (i) STAFF.—(1) Subject to paragraphs (2) and (3), 

14 the Director, with the approval of the Commission, may 

15 appoint and fix the pay of additional personnel. 

16 (2) The Director may make such appointments with17 out regard to the provisions of title 5, United States Code, 

18 governing appointments in the competitive service, and 

19 any personnel so appointed may be paid without regard 

20 to the provisions of chapter 51 and subchapter III of chap21 ter 53 of that title relating to classification and General 

22 Schedule pay rates, except that an individual so appointed 

23 may not receive pay in excess of the annual rate of basic 

24 pay payable for GS–15 of the General Schedule. 


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1 (3)(A) Not more than one-third of the personnel em2 ployed by or detailed to the Commission may be on detail 

3 from the Department of Defense. 

4 (B)(i) Not more than one-fifth of the professional an5 alysts of the Commission staff may be persons detailed 

6 from the Department of Defense to the Commission. 

7 (ii) No person detailed from the Department of De8 fense to the Commission may be assigned as the lead pro9 fessional analyst with respect to a military department or 

10 defense agency. 

11 (C) A person may not be detailed from the Depart12 ment of Defense to the Commission if, within 12 months 

13 before the detail is to begin, that person participated per14 sonally and substantially in any matter within the Depart15 ment of Defense concerning the preparation of rec16 ommendations for closures or realignments of military in17 stallations. 

18 (D) No member of the Armed Forces, and no officer 

19 or employee of the Department of Defense, may— 

20 (i) prepare any report concerning the effective21 ness, fitness, or efficiency of the performance on the 

22 staff of the Commission of any person detailed from 

23 the Department of Defense to that staff; 

24 (ii) review the preparation of such a report; or 

25 (iii) approve or disapprove such a report. 


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1 (4) Upon request of the Director, the head of any 

2 Federal department or agency may detail any of the per3 sonnel of that department or agency to the Commission 

4 to assist the Commission in carrying out its duties under 

5 this title. 

6 (5) The Comptroller General of the United States 

7 shall provide assistance, including the detailing of employ8 ees, to the Commission in accordance with an agreement 

9 entered into with the Commission. 

10 (6) The following restrictions relating to the per11 sonnel of the Commission shall apply during 2014: 

12 (A) There may not be more than 15 persons on 

13 the staff at any one time. 

14 (B) The staff may perform only such functions 

15 as are necessary to prepare for the transition to new 

16 membership on the Commission in the following 

17 year. 

18 (C) No member of the Armed Forces and no 

19 employee of the Department of Defense may serve 

20 on the staff. 

21 (j) OTHER AUTHORITY.—(1) The Commission may 

22 procure by contract, to the extent funds are available, the 

23 temporary or intermittent services of experts or consult24 ants pursuant to section 3109 of title 5, United States 

25 Code. 


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1 (2) The Commission may lease space and acquire per2 sonal property to the extent funds are available. 

3 (k) FUNDING.—(1) There are authorized to be appro4 priated to the Commission such funds as are necessary 

5 to carry out its duties under this title. Such funds shall 

6 remain available until expended. 

7 (2) If no funds are appropriated to the Commission 

8 by the end of the second session of the 112th Congress 

9 for activities of the Commission in 2013 or by the end 

10 of the second session of the 113th Congress for the activi11 ties of the Commission in 2015, the Secretary of Defense 

12 may transfer to the Commission for purposes of its activi13 ties under this title in that year such funds as the Com14 mission may require to carry out such activities. The Sec15 retary may transfer funds under the preceding sentence 

16 from any funds available to the Secretary. Funds so trans17 ferred shall remain available to the Commission for such 

18 purposes until expended. 

19 (l) TERMINATION.—The Commission shall terminate 

20 on April 15, 2016. 

21 (m) PROHIBITION AGAINST RESTRICTING COMMU22 NICATIONS.—Section 1034 of title 10, United States 

23 Code, shall apply with respect to communications with the 

24 Commission. 


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1 SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS 

2 FOR BASE CLOSURES AND REALIGNMENTS. 

3 (a) FORCE-STRUCTURE PLAN AND INFRASTRUCTURE

4 INVENTORY.— 

5 (1) PREPARATION AND SUBMISSION.—Not later 

6 than 60 days after the date of the enactment of this 

7 Act, with respect to a round of base closures and re8 alignments in calendar year 2013, and as part of the 

9 budget justification documents submitted to Con10 gress in support of the budget for the Department 

11 of Defense for fiscal year 2015 with respect to a 

12 round of base closures and realignments in calendar 

13 year 2015, the Secretary shall submit to Congress 

14 the following: 

15 (A) A force-structure plan for the Armed 

16 Forces based on an assessment by the Sec17 retary of the probable threats to the national 

18 security during the 20-year period beginning 

19 with that fiscal year, the probable end-strength 

20 levels and major military force units (including 

21 land force divisions, carrier and other major 

22 combatant vessels, air wings, and other com23 parable units) needed to meet these threats, 

24 and the anticipated levels of funding that will 

25 be available for national defense purposes dur26 ing such period. 


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1 (B) A comprehensive inventory of military 

2 installations world-wide for each military de3 partment, with specifications of the number and 

4 type of facilities in the active and reserve forces 

5 of each military department. 

6 (2) RELATIONSHIP OF PLAN AND INVEN7 TORY.—Using the force-structure plan and infra8 structure inventory prepared under paragraph (1), 

9 the Secretary shall prepare (and include as part of 

10 the submission of such plan and inventory) the fol11 lowing: 

12 (A) A description of the infrastructure nec13 essary to support the force structure described 

14 in the force-structure plan. 

15 (B) A discussion of categories of excess in16 frastructure and infrastructure capacity. 

17 (C) An economic analysis of the effect of 

18 the closure or realignment of military installa19 tions to reduce excess infrastructure. 

20 (3) SPECIAL CONSIDERATIONS.—In determining 

21 the level of necessary versus excess infrastructure 

22 under paragraph (2), the Secretary shall consider 

23 the following: 

24 (A) The anticipated continuing need for 

25 and availability of military installations outside 


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1 the United States, taking into account current 

2 restrictions on the use of military installations 

3 outside the United States and the potential for 

4 future prohibitions or restrictions on the use of 

5 such military installations. 

6 (B) Any efficiencies that may be gained 

7 from joint tenancy by more than one branch of 

8 the Armed Forces at a military installation. 

9 (4) REVISION.—The Secretary may revise the 

10 force-structure plan and infrastructure inventory. If 

11 the Secretary makes such a revision, the Secretary 

12 shall submit the revised plan or inventory to Con13 gress not later than March 15th of the year fol14 lowing the year in which such plan was first sub15 mitted. For purposes of selecting military installa16 tions for closure or realignment under this title in 

17 the year in which a revision is submitted, no revision 

18 of the force-structure plan or infrastructure inven19 tory is authorized after that date. 

20 (b) CERTIFICATION OF NEED FOR FURTHER CLO21 SURES AND REALIGNMENTS.— 

22 (1) CERTIFICATION REQUIRED.—On the basis 

23 of the force-structure plan and infrastructure inven24 tory prepared under subsection (a) and the descrip25 tions and economic analysis prepared under such 


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1 subsection, the Secretary shall include as part of the 

2 submission of the plan and inventory— 

3 (A) a certification regarding whether the 

4 need exists for the closure or realignment of ad5 ditional military installations; and 

6 (B) if such need exists, a certification that 

7 the additional round of closures and realign8 ments would result in annual net savings for 

9 each of the military departments beginning not 

10 later than six years following the commence11 ment of such closures and realignments. 

12 (2) EFFECT OF FAILURE TO CERTIFY.—If the 

13 Secretary does not include the certifications referred 

14 to in paragraph (1), the President may not com15 mence a round for the selection of military installa16 tions for closure and realignment under this title in 

17 the year following submission of the force-structure 

18 plan and infrastructure inventory. 

19 (c) COMPTROLLER GENERAL EVALUATION.— 

20 (1) EVALUATION REQUIRED.—If the certifi21 cation is provided under subsection (b), the Comp22 troller General shall prepare an evaluation of the fol23 lowing: 

24 (A) The force-structure plan and infra25 structure inventory prepared under subsection 


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1 (a) and the final selection criteria specified in 

2 paragraph (d), including an evaluation of the 

3 accuracy and analytical sufficiency of such plan, 

4 inventory, and criteria. 

5 (B) The need for the closure or realign6 ment of additional military installations. 

7 (2) SUBMISSION.—The Comptroller General 

8 shall submit the evaluation to Congress not later 

9 than 60 days after the date on which the force10 structure plan and infrastructure inventory are sub11 mitted to Congress. 

12 (d) FINAL SELECTION CRITERIA.— 

13 (1) IN GENERAL.—The final criteria to be used 

14 by the Secretary in making recommendations for the 

15 closure or realignment of military installations inside 

16 the United States under this title in 2013 and 2015 

17 shall be the military value and other criteria speci18 fied in paragraphs (2) and (3). 

19 (2) MILITARY VALUE CRITERIA.—The military 

20 value criteria are as follows: 

21 (A) The current and future mission capa22 bilities and the impact on operational readiness 

23 of the total force of the Department of Defense, 

24 including the impact on joint warfighting, train25 ing, and readiness. 


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1 (B) The availability and condition of land, 

2 facilities, and associated airspace (including 

3 training areas suitable for maneuver by ground, 

4 naval, or air forces throughout a diversity of cli5 mate and terrain areas and staging areas for 

6 the use of the Armed Forces in homeland de7 fense missions) at both existing and potential 

8 receiving locations. 

9 (C) The ability to accommodate contin10 gency, mobilization, surge, and future total 

11 force requirements at both existing and poten12 tial receiving locations to support operations 

13 and training. 

14 (D) The cost of operations and the man15 power implications. 

16 (3) OTHER CRITERIA.—The other criteria that 

17 the Secretary shall use in making recommendations 

18 for the closure or realignment of military installa19 tions inside the United States under this title in 

20 2013 and 2015 are as follows: 

21 (A) The extent and timing of potential 

22 costs and savings, including the number of 

23 years, beginning with the date of completion of 

24 the closure or realignment, for the savings to 

25 exceed the costs. 


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1 (B) The economic impact on existing com2 munities in the vicinity of military installations. 

3 (C) The ability of the infrastructure of 

4 both the existing and potential receiving com5 munities to support forces, missions, and per6 sonnel. 

7 (D) The environmental impact, including 

8 the impact of costs related to potential environ9 mental restoration, waste management, and en10 vironmental compliance activities. 

11 (e) PRIORITY GIVEN TO MILITARY VALUE.—The 

12 Secretary shall give priority consideration to the military 

13 value criteria specified in subsection (d)(2) in the making 

14 of recommendations for the closure or realignment of mili15 tary installations. 

16 (f) EFFECT ON DEPARTMENT AND OTHER AGENCY

17 COSTS.—The selection criteria relating to the cost savings 

18 or return on investment from the proposed closure or re19 alignment of military installations shall take into account 

20 the effect of the proposed closure or realignment on the 

21 costs of any other activity of the Department of Defense 

22 or any other Federal agency that may be required to as23 sume responsibility for activities at the military installa24 tions. 


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1 (g) RELATION TO OTHER MATERIALS.—The final se2 lection criteria specified in this section shall be the only 

3 criteria to be used, along with the force-structure plan and 

4 infrastructure inventory referred to in subsection (a), in 

5 making recommendations for the closure or realignment 

6 of military installations inside the United States under 

7 this title in 2013 and 2015. 

8 (h) DOD RECOMMENDATIONS.—(1) If the Secretary 

9 makes the certifications required under subsection (b), the 

10 Secretary shall, by no later than May 17, 2013, and May 

11 15, 2015, publish in the Federal Register and transmit 

12 to the congressional defense committees and to the Com13 mission a list of the military installations inside the United 

14 States that the Secretary recommends for closure or re15 alignment on the basis of the force-structure plan and in16 frastructure inventory prepared by the Secretary under 

17 subsection (a) and the final selection criteria specified in 

18 subsection (d) that are applicable to the year concerned. 

19 (2) The Secretary shall include, with the list of rec20 ommendations published and transmitted pursuant to 

21 paragraph (1), a summary of the selection process that 

22 resulted in the recommendation for each installation, in23 cluding a justification for each recommendation. The Sec24 retary shall transmit the matters referred to in the pre25 ceding sentence not later than 7 days after the date of 


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1 the transmittal to the congressional defense committees 

2 and the Commission of the list referred to in paragraph 

3 (1). 

4 (3)(A) In considering military installations for clo5 sure or realignment, the Secretary shall consider all mili6 tary installations inside the United States equally without 

7 regard to whether the installation has been previously con8 sidered or proposed for closure or realignment by the De9 partment. 

10 (B) In considering military installations for closure 

11 or realignment, the Secretary may not take into account 

12 for any purpose any advance conversion planning under13 taken by an affected community with respect to the antici14 pated closure or realignment of an installation. 

15 (C) For purposes of subparagraph (B), in the case 

16 of a community anticipating the economic effects of a clo17 sure or realignment of a military installation, advance con18 version planning— 

19 (i) shall include community adjustment and eco20 nomic diversification planning undertaken by the 

21 community before an anticipated selection of a mili22 tary installation in or near the community for clo23 sure or realignment; and 

24 (ii) may include the development of contingency 

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1 ment and diversification, and plans for the joint use 

2 (including civilian and military use, public and pri3 vate use, civilian dual use, and civilian shared use) 

4 of the property or facilities of the installation after 

5 the anticipated closure or realignment. 

6 (D) In making recommendations to the Commission, 

7 the Secretary shall consider any notice received from a 

8 local government in the vicinity of a military installation 

9 that the government would approve of the closure or re10 alignment of the installation. 

11 (E) Notwithstanding the requirement in subpara12 graph (D), the Secretary shall make the recommendations 

13 referred to in that subparagraph based on the force-struc14 ture plan, infrastructure inventory, and final selection cri15 teria otherwise applicable to such recommendations. 

16 (F) The recommendations shall include a statement 

17 of the result of the consideration of any notice described 

18 in subparagraph (D) that is received with respect to a 

19 military installation covered by such recommendations. 

20 The statement shall set forth the reasons for the result. 

21 (4) In addition to making all information used by the 

22 Secretary to prepare the recommendations under this sub23 section available to Congress (including any committee or 

24 member of Congress), the Secretary shall also make such 


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1 information available to the Commission and the Comp2 troller General of the United States. 

3 (5)(A) Each person referred to in subparagraph (B), 

4 when submitting information to the Secretary of Defense 

5 or the Commission concerning the closure or realignment 

6 of a military installation, shall certify that such informa7 tion is accurate and complete to the best of that person’s 

8 knowledge and belief. 

9 (B) Subparagraph (A) applies to the following per10 sons: 

11 (i) The Secretaries of the military departments. 

12 (ii) The heads of the Defense Agencies. 

13 (iii) Each person who is in a position the duties 

14 of which include personal and substantial involve15 ment in the preparation and submission of informa16 tion and recommendations concerning the closure or 

17 realignment of military installations, as designated 

18 in regulations which the Secretary of Defense shall 

19 prescribe, regulations which the Secretary of each 

20 military department shall prescribe for personnel 

21 within that military department, or regulations 

22 which the head of each Defense Agency shall pre23 scribe for personnel within that Defense Agency. 

24 (6) Any information provided to the Commission by 

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1 mitted to the Senate and the House of Representatives 

2 to be made available to the Members of the House con3 cerned in accordance with the rules of that House. The 

4 information shall be submitted to the Senate and House 

5 of Representatives within 48 hours after the submission 

6 of the information to the Commission. 

7 (i) REVIEW AND RECOMMENDATIONS BY THE COM8 MISSION.—(1) After receiving the recommendations from 

9 the Secretary pursuant to subsection (h) for any year, the 

10 Commission shall conduct public hearings on the rec11 ommendations. All testimony before the Commission at a 

12 public hearing conducted under this paragraph shall be 

13 presented under oath. 

14 (2)(A) The Commission shall, by no later than Octo15 ber 1 of each year in which the Secretary transmits rec16 ommendations to it pursuant to subsection (h), transmit 

17 to the President a report containing the Commission’s 

18 findings and conclusions based on a review and analysis 

19 of the recommendations made by the Secretary, together 

20 with the Commission’s recommendations for closures and 

21 realignments of military installations inside the United 

22 States. 

23 (B) Subject to subparagraphs (C) and (E), in making 

24 its recommendations, the Commission may make changes 

25 in any of the recommendations made by the Secretary if 


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1 the Commission determines that the Secretary deviated 

2 substantially from the force-structure plan and final cri3 teria referred to in subsection (d)(1) in making rec4 ommendations. 

5 (C) In the case of a change described in subpara6 graph (D) in the recommendations made by the Secretary, 

7 the Commission may make the change only if— 

8 (i) the Commission— 

9 (I) makes the determination required by 

10 subparagraph (B); 

11 (II) determines that the change is con12 sistent with the force-structure plan and final 

13 criteria referred to in subsection (d)(1); 

14 (III) publishes a notice of the proposed 

15 change in the Federal Register not less than 45 

16 days before transmitting its recommendations 

17 to the President pursuant to subparagraph (A); 

18 and 

19 (IV) conducts public hearings on the pro20 posed change; 

21 (ii) at least two members of the Commission 

22 visit the military installation before the date of the 

23 transmittal of the report; and 


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1 (iii) the decision of the Commission to make the 

2 change is supported by at least seven members of 

3 the Commission. 

4 (D) Subparagraph (C) shall apply to a change by the 

5 Commission in the Secretary’s recommendations that 

6 would— 

7 (i) add a military installation to the list of mili8 tary installations recommended by the Secretary for 

9 closure; 

10 (ii) add a military installation to the list of mili11 tary installations recommended by the Secretary for 

12 realignment; or 

13 (iii) increase the extent of a realignment of a 

14 particular military installation recommended by the 

15 Secretary. 

16 (E) The Commission may not consider making a 

17 change in the recommendations of the Secretary that 

18 would add a military installation to the Secretary’s list of 

19 installations recommended for closure or realignment un20 less, in addition to the requirements of subparagraph 

21 (C)— 

22 (i) the Commission provides the Secretary with 

23 at least a 15-day period, before making the change, 

24 in which to submit an explanation of the reasons 


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1 why the installation was not included on the closure 

2 or realignment list by the Secretary; and 

3 (ii) the decision to add the installation for Com4 mission consideration is supported by at least seven 

5 members of the Commission. 

6 (F) In making recommendations under this para7 graph, the Commission may not take into account for any 

8 purpose any advance conversion planning undertaken by 

9 an affected community with respect to the anticipated clo10 sure or realignment of a military installation. 

11 (3) The Commission shall explain and justify in its 

12 report submitted to the President pursuant to paragraph 

13 (2) any recommendation made by the Commission that is 

14 different from the recommendations made by the Sec15 retary pursuant to subsection (h). The Commission shall 

16 transmit a copy of such report to the congressional defense 

17 committees on the same date on which it transmits its rec18 ommendations to the President under paragraph (2). 

19 (4) After October 1 of each year in which the Com20 mission transmits recommendations to the President 

21 under this subsection, the Commission shall promptly pro22 vide, upon request, to any Member of Congress informa23 tion used by the Commission in making its recommenda24 tions. 


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1 (5) The Comptroller General of the United States 

2 shall— 

3 (A) assist the Commission, to the extent re4 quested, in the Commission’s review and analysis of 

5 the recommendations made by the Secretary pursu6 ant to subsection (h); and 

7 (B) by no later than July 1 of each year in 

8 which the Secretary makes such recommendations, 

9 transmit to the Congress and to the Commission a 

10 report containing a detailed analysis of the Sec11 retary’s recommendations and selection process. 

12 (j) REVIEW BY THE PRESIDENT.—(1) The President 

13 shall, by no later than October 15 of each year in which 

14 the Commission makes recommendations under subsection 

15 (i), transmit to the Commission and to the Congress a 

16 report containing the President’s approval or disapproval 

17 of the Commission’s recommendations. 

18 (2) If the President approves all the recommenda19 tions of the Commission, the President shall transmit a 

20 copy of such recommendations to the Congress, together 

21 with a certification of such approval. 

22 (3) If the President disapproves the recommendations 

23 of the Commission, in whole or in part, the President shall 

24 transmit to the Commission and the Congress the reasons 

25 for that disapproval. The Commission shall then transmit 


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1 to the President, by no later than November 18 of the 

2 year concerned, a revised list of recommendations for the 

3 closure and realignment of military installations. 

4 (4) If the President approves all of the revised rec5 ommendations of the Commission transmitted to the 

6 President under paragraph (3), the President shall trans7 mit a copy of such revised recommendations to the Con8 gress, together with a certification of such approval. 

9 (5) If the President does not transmit to the Con10 gress an approval and certification described in paragraph 

11 (2) or (4) by December 2 of any year in which the Com12 mission has transmitted recommendations to the Presi13 dent under this title, the process by which military instal14 lations may be selected for closure or realignment under 

15 this title with respect to that year shall be terminated. 

16 SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY IN17 STALLATIONS. 

18 (a) IN GENERAL.—Subject to subsection (b), the Sec19 retary shall— 

20 (1) close all military installations recommended 

21 for closure by the Commission in each report trans22 mitted to the Congress by the President pursuant to 

23 section 2903(j); 


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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. 

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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 


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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; 


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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— 


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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)). 


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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. 


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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 or the purpose of considering the con7 tinued availability of the road for public use after the in8 stallation is closed, realigned, or placed in an inactive sta9 tus. 

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— 


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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: 


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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— 


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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. 


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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 


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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. 


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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 


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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 


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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 


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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 

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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— 


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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). 


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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— 


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1 (I) consult with representatives of the homeless 

2 in the communities in the vicinity of the installation 

3 concerned; and 

4 (II) undertake outreach efforts to provide infor5 mation on the buildings and property to representa6 tives of the homeless, and to other persons or enti7 ties interested in assisting the homeless, in such 

8 communities. 

9 (iv) It is the sense of Congress that redevelopment 

10 authorities should begin to conduct outreach efforts under 

11 clause (iii)(II) with respect to an installation as soon as 

12 is practicable after the date of approval of closure or re13 alignment of the installation. 

14 (D)(i) State and local governments, representatives 

15 of the homeless, and other interested parties shall submit 

16 a notice of interest to a redevelopment authority under 

17 subparagraph (C) not later than the date specified for 

18 such notice by the redevelopment authority. 

19 (ii) The date specified under clause (i) shall be— 

20 (I) in the case of an installation for which a re21 development authority has been recognized as of the 

22 date of the completion of the determinations referred 

23 to in paragraph (5), not earlier than 3 months and 

24 not later than 6 months after the date of publication 

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1 culation in the communities in the vicinity of the in2 stallation under subparagraph (B)(i)(IV); and 

3 (II) in the case of an installation for which a 

4 redevelopment authority is not recognized as of such 

5 date, not earlier than 3 months and not later than 

6 6 months after the date of the recognition of a rede7 velopment authority for the installation. 

8 (iii) Upon specifying a date for an installation under 

9 this subparagraph, the redevelopment authority for the in10 stallation shall— 

11 (I) publish the date specified in a newspaper of 

12 general circulation in the communities in the vicinity 

13 of the installation concerned; and 

14 (II) notify the Secretary of Defense of the date. 

15 (E)(i) In submitting to a redevelopment authority 

16 under subparagraph (C) a notice of interest in the use 

17 of buildings or property at an installation to assist the 

18 homeless, a representative of the homeless shall submit the 

19 following: 

20 (I) A description of the homeless assistance 

21 program that the representative proposes to carry 

22 out at the installation. 

23 (II) An assessment of the need for the program. 

24 (III) A description of the extent to which the 

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1 less assistance programs in the communities in the 

2 vicinity of the installation. 

3 (IV) A description of the buildings and property 

4 at the installation that are necessary in order to 

5 carry out the program. 

6 (V) A description of the financial plan, the or7 ganization, and the organizational capacity of the 

8 representative to carry out the program. 

9 (VI) An assessment of the time required in 

10 order to commence carrying out the program. 

11 (ii) A redevelopment authority may not release to the 

12 public any information submitted to the redevelopment au13 thority under clause (i)(V) without the consent of the rep14 resentative of the homeless concerned unless such release 

15 is authorized under Federal law and under the law of the 

16 State and communities in which the installation concerned 

17 is located. 

18 (F)(i) The redevelopment authority for each installa19 tion covered by this paragraph shall prepare a redevelop20 ment plan for the installation. The redevelopment author21 ity shall, in preparing the plan, consider the interests in 

22 the use to assist the homeless of the buildings and prop23 erty at the installation that are expressed in the notices 

24 submitted to the redevelopment authority under subpara25 graph (C). 


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1 (ii)(I) In connection with a redevelopment plan for 

2 an installation, a redevelopment authority and representa3 tives of the homeless shall prepare legally binding agree4 ments that provide for the use to assist the homeless of 

5 buildings and property, resources, and assistance on or off 

6 the installation. The implementation of such agreements 

7 shall be contingent upon the decision regarding the dis8 posal of the buildings and property covered by the agree9 ments by the Secretary of Defense under subparagraph 

10 (K) or (L). 

11 (II) Agreements under this clause shall provide for 

12 the reversion to the redevelopment authority concerned, or 

13 to such other entity or entities as the agreements shall 

14 provide, of buildings and property that are made available 

15 under this paragraph for use to assist the homeless in the 

16 event that such buildings and property cease being used 

17 for that purpose. 

18 (iii) A redevelopment authority shall provide oppor19 tunity for public comment on a redevelopment plan before 

20 submission of the plan to the Secretary of Defense and 

21 the Secretary of Housing and Urban Development under 

22 subparagraph (G). 

23 (iv) A redevelopment authority shall complete prepa24 ration of a redevelopment plan for an installation and sub25 mit the plan under subparagraph (G) not later than 9 


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1 months after the date specified by the redevelopment au2 thority for the installation under subparagraph (D). 

3 (G)(i) Upon completion of a redevelopment plan 

4 under subparagraph (F), a redevelopment authority shall 

5 submit an application containing the plan to the Secretary 

6 of Defense and to the Secretary of Housing and Urban 

7 Development. 

8 (ii) A redevelopment authority shall include in an ap9 plication under clause (i) the following: 

10 (I) A copy of the redevelopment plan, including 

11 a summary of any public comments on the plan re12 ceived by the redevelopment authority under sub13 paragraph (F)(iii). 

14 (II) A copy of each notice of interest of use of 

15 buildings and property to assist the homeless that 

16 was submitted to the redevelopment authority under 

17 subparagraph (C), together with a description of the 

18 manner, if any, in which the plan addresses the in19 terest expressed in each such notice and, if the plan 

20 does not address such an interest, an explanation 

21 why the plan does not address the interest. 

22 (III) A summary of the outreach undertaken by 

23 the redevelopment authority under subparagraph 

24 (C)(iii)(II) in preparing the plan. 


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1 (IV) A statement identifying the representatives 

2 of the homeless and the homeless assistance plan3 ning boards, if any, with which the redevelopment 

4 authority consulted in preparing the plan, and the 

5 results of such consultations. 

6 (V) An assessment of the manner in which the 

7 redevelopment plan balances the expressed needs of 

8 the homeless and the need of the communities in the 

9 vicinity of the installation for economic redevelop10 ment and other development. 

11 (VI) Copies of the agreements that the redevel12 opment authority proposes to enter into under sub13 paragraph (F)(ii). 

14 (H)(i) Not later than 60 days after receiving a rede15 velopment plan under subparagraph (G), the Secretary of 

16 Housing and Urban Development shall complete a review 

17 of the plan. The purpose of the review is to determine 

18 whether the plan, with respect to the expressed interest 

19 and requests of representatives of the homeless— 

20 (I) takes into consideration the size and nature 

21 of the homeless population in the communities in the 

22 vicinity of the installation, the availability of existing 

23 services in such communities to meet the needs of 

24 the homeless in such communities, and the suit25 ability of the buildings and property covered by the 


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1 plan for the use and needs of the homeless in such 

2 communities; 

3 (II) takes into consideration any economic im4 pact of the homeless assistance under the plan on 

5 the communities in the vicinity of the installation; 

6 (III) balances in an appropriate manner the 

7 needs of the communities in the vicinity of the in8 stallation for economic redevelopment and other de9 velopment with the needs of the homeless in such 

10 communities; 

11 (IV) was developed in consultation with rep12 resentatives of the homeless and the homeless assist13 ance planning boards, if any, in the communities in 

14 the vicinity of the installation; and 

15 (V) specifies the manner in which buildings and 

16 property, resources, and assistance on or off the in17 stallation will be made available for homeless assist18 ance purposes. 

19 (ii) It is the sense of Congress that the Secretary of 

20 Housing and Urban Development shall, in completing the 

21 review of a plan under this subparagraph, take into con22 sideration and be receptive to the predominant views on 

23 the plan of the communities in the vicinity of the installa24 tion covered by the plan. 


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1 (iii) The Secretary of Housing and Urban Develop2 ment may engage in negotiations and consultations with 

3 a redevelopment authority before or during the course of 

4 a review under clause (i) with a view toward resolving any 

5 preliminary determination of the Secretary that a redevel6 opment plan does not meet a requirement set forth in that 

7 clause. The redevelopment authority may modify the rede8 velopment plan as a result of such negotiations and con9 sultations. 

10 (iv) Upon completion of a review of a redevelopment 

11 plan under clause (i), the Secretary of Housing and Urban 

12 Development shall notify the Secretary of Defense and the 

13 redevelopment authority concerned of the determination of 

14 the Secretary of Housing and Urban Development under 

15 that clause. 

16 (v) If the Secretary of Housing and Urban Develop17 ment determines as a result of such a review that a rede18 velopment plan does not meet the requirements set forth 

19 in clause (i), a notice under clause (iv) shall include— 

20 (I) an explanation of that determination; and 

21 (II) a statement of the actions that the redevel22 opment authority must undertake in order to ad23 dress that determination. 

24 (I)(i) Upon receipt of a notice under subparagraph 

25 (H)(iv) of a determination that a redevelopment plan does 


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1 not meet a requirement set forth in subparagraph (H)(i), 

2 a redevelopment authority shall have the opportunity to— 

3 (I) revise the plan in order to address the deter4 mination; and 

5 (II) submit the revised plan to the Secretary of 

6 Defense and the Secretary of Housing and Urban 

7 Development. 

8 (ii) A redevelopment authority shall submit a revised 

9 plan under this subparagraph to such Secretaries, if at 

10 all, not later than 90 days after the date on which the 

11 redevelopment authority receives the notice referred to in 

12 clause (i). 

13 (J)(i) Not later than 30 days after receiving a revised 

14 redevelopment plan under subparagraph (I), the Secretary 

15 of Housing and Urban Development shall review the re16 vised plan and determine if the plan meets the require17 ments set forth in subparagraph (H)(i). 

18 (ii) The Secretary of Housing and Urban Develop19 ment shall notify the Secretary of Defense and the redevel20 opment authority concerned of the determination of the 

21 Secretary of Housing and Urban Development under this 

22 subparagraph. 

23 (K)(i) Upon receipt of a notice under subparagraph 

24 (H)(iv) or (J)(ii) of the determination of the Secretary of 

25 Housing and Urban Development that a redevelopment 


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1 plan for an installation meets the requirements set forth 

2 in subparagraph (H)(i), the Secretary of Defense shall dis3 pose of the buildings and property at the installation. 

4 (ii) For purposes of carrying out an environmental 

5 assessment of the closure or realignment of an installa6 tion, the Secretary of Defense shall treat the redevelop7 ment plan for the installation (including the aspects of the 

8 plan providing for disposal to State or local governments, 

9 representatives of the homeless, and other interested par10 ties) as part of the proposed Federal action for the instal11 lation. 

12 (iii) The Secretary of Defense shall dispose of build13 ings and property under clause (i) in accordance with the 

14 record of decision or other decision document prepared by 

15 the Secretary in accordance with the National Environ16 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In 

17 preparing the record of decision or other decision docu18 ment, the Secretary shall give substantial deference to the 

19 redevelopment plan concerned. 

20 (iv) The disposal under clause (i) of buildings and 

21 property to assist the homeless shall be without consider22 ation. 

23 (v) In the case of a request for a conveyance under 

24 clause (i) of buildings and property for public benefit 

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1 tions 47151 through 47153 of title 49, United States 

2 Code, the sponsoring Federal agency shall use the eligi3 bility criteria set forth in such section or subchapter II 

4 of chapter 471 of title 49, United States Code (as the case 

5 may be) to determine the eligibility of the applicant and 

6 use proposed in the request for the public benefit convey7 ance. The determination of such eligibility should be made 

8 before submission of the redevelopment plan concerned 

9 under subparagraph (G). 

10 (L)(i) If the Secretary of Housing and Urban Devel11 opment determines under subparagraph (J) that a revised 

12 redevelopment plan for an installation does not meet the 

13 requirements set forth in subparagraph (H)(i), or if no 

14 revised plan is so submitted, that Secretary shall— 

15 (I) review the original redevelopment plan sub16 mitted to that Secretary under subparagraph (G), 

17 including the notice or notices of representatives of 

18 the homeless referred to in clause (ii)(II) of that 

19 subparagraph; 

20 (II) consult with the representatives referred to 

21 in subclause (I), if any, for purposes of evaluating 

22 the continuing interest of such representatives in the 

23 use of buildings or property at the installation to as24 sist the homeless; 


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1 (III) request that each such representative sub2 mit to that Secretary the items described in clause 

3 (ii); and 

4 (IV) based on the actions of that Secretary 

5 under subclauses (I) and (II), and on any informa6 tion obtained by that Secretary as a result of such 

7 actions, indicate to the Secretary of Defense the 

8 buildings and property at the installation that meet 

9 the requirements set forth in subparagraph (H)(i). 

10 (ii) The Secretary of Housing and Urban Develop11 ment may request under clause (i)(III) that a representa12 tive of the homeless submit to that Secretary the following: 

13 (I) A description of the program of such rep14 resentative to assist the homeless. 

15 (II) A description of the manner in which the 

16 buildings and property that the representative pro17 poses to use for such purpose will assist the home18 less. 

19 (III) Such information as that Secretary re20 quires in order to determine the financial capacity of 

21 the representative to carry out the program and to 

22 ensure that the program will be carried out in com23 pliance with Federal environmental law and Federal 

24 law against discrimination. 


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1 (IV) A certification that police services, fire 

2 protection services, and water and sewer services 

3 available in the communities in the vicinity of the in4 stallation concerned are adequate for the program. 

5 (iii) Not later than 90 days after the date of the re6 ceipt of a revised plan for an installation under subpara7 graph (J), the Secretary of Housing and Urban Develop8 ment shall— 

9 (I) notify the Secretary of Defense and the re10 development authority concerned of the buildings 

11 and property at an installation under clause (i)(IV) 

12 that the Secretary of Housing and Urban Develop13 ment determines are suitable for use to assist the 

14 homeless; and 

15 (II) notify the Secretary of Defense of the ex16 tent to which the revised plan meets the criteria set 

17 forth in subparagraph (H)(i). 

18 (iv)(I) Upon notice from the Secretary of Housing 

19 and Urban Development with respect to an installation 

20 under clause (iii), the Secretary of Defense shall dispose 

21 of buildings and property at the installation in consulta22 tion with the Secretary of Housing and Urban Develop23 ment and the redevelopment authority concerned. 

24 (II) For purposes of carrying out an environmental 

25 assessment of the closure or realignment of an installaVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 tion, the Secretary of Defense shall treat the redevelop2 ment plan submitted by the redevelopment authority for 

3 the installation (including the aspects of the plan pro4 viding for disposal to State or local governments, rep5 resentatives of the homeless, and other interested parties) 

6 as part of the proposed Federal action for the installation. 

7 The Secretary of Defense shall incorporate the notification 

8 of the Secretary of Housing and Urban Development 

9 under clause (iii)(I) as part of the proposed Federal action 

10 for the installation only to the extent, if any, that the Sec11 retary of Defense considers such incorporation to be ap12 propriate and consistent with the best and highest use of 

13 the installation as a whole, taking into consideration the 

14 redevelopment plan submitted by the redevelopment au15 thority. 

16 (III) The Secretary of Defense shall dispose of build17 ings and property under subclause (I) in accordance with 

18 the record of decision or other decision document prepared 

19 by the Secretary in accordance with the National Environ20 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). In 

21 preparing the record of decision or other decision docu22 ment, the Secretary shall give deference to the redevelop23 ment plan submitted by the redevelopment authority for 

24 the installation. 


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1 (IV) The disposal under subclause (I) of buildings 

2 and property to assist the homeless shall be without con3 sideration. 

4 (V) In the case of a request for a conveyance under 

5 subclause (I) of buildings and property for public benefit 

6 under section 550 of title 40, United States Code, or sec7 tions 47151 through 47153 of title 49, United States 

8 Code, the sponsoring Federal agency shall use the eligi9 bility criteria set forth in such section or subchapter II 

10 of chapter 471 of title 49, United States Code (as the case 

11 may be) to determine the eligibility of the applicant and 

12 use proposed in the request for the public benefit convey13 ance. The determination of such eligibility should be made 

14 before submission of the redevelopment plan concerned 

15 under subparagraph (G). 

16 (M)(i) In the event of the disposal of buildings and 

17 property of an installation pursuant to subparagraph (K) 

18 or (L), the redevelopment authority for the installation 

19 shall be responsible for the implementation of and compli20 ance with agreements under the redevelopment plan de21 scribed in that subparagraph for the installation. 

22 (ii) If a building or property reverts to a redevelop23 ment authority under such an agreement, the redevelop24 ment authority shall take appropriate actions to secure, 

25 to the maximum extent practicable, the utilization of the 


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1 building or property by other homeless representatives to 

2 assist the homeless. A redevelopment authority may not 

3 be required to utilize the building or property to assist 

4 the homeless. 

5 (N) The Secretary of Defense may postpone or ex6 tend any deadline provided for under this paragraph in 

7 the case of an installation covered by this paragraph for 

8 such period as the Secretary considers appropriate if the 

9 Secretary determines that such postponement is in the in10 terests of the communities affected by the closure or re11 alignment of the installation. The Secretary shall make 

12 such determinations in consultation with the redevelop13 ment authority concerned and, in the case of deadlines 

14 provided for under this paragraph with respect to the Sec15 retary of Housing and Urban Development, in consulta16 tion with the Secretary of Housing and Urban Develop17 ment. 

18 (O) For purposes of this paragraph, the term ‘‘com19 munities in the vicinity of the installation’’, in the case 

20 of an installation, means the communities that constitute 

21 the political jurisdictions (other than the State in which 

22 the installation is located) that comprise the redevelop23 ment authority for the installation. 

24 (P) For purposes of this paragraph, the term ‘‘other 

25 interested parties’’, in the case of an installation, includes 


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1 any parties eligible for the conveyance of property of the 

2 installation under section 550 of title 40, United States 

3 Code, or sections 47151 through 47153 of title 49, United 

4 States Code, whether or not the parties assist the home5 less. 

6 (7)(A) Subject to subparagraph (C), the Secretary 

7 may enter into agreements (including contracts, coopera8 tive agreements, or other arrangements for reimburse9 ment) with local governments for the provision of police 

10 or security services, fire protection services, airfield oper11 ation services, or other community services by such gov12 ernments at military installations to be closed under this 

13 title, or at facilities not yet transferred or otherwise dis14 posed of in the case of installations closed under this title, 

15 if the Secretary determines that the provision of such serv16 ices under such agreements is in the best interests of the 

17 Department of Defense. 

18 (B) The Secretary may exercise the authority pro19 vided under this paragraph without regard to the provi20 sions of chapter 146 of title 10, United States Code. 

21 (C) The Secretary may not exercise the authority 

22 under subparagraph (A) with respect to an installation 

23 earlier than 180 days before the date on which the instal24 lation is to be closed. 


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1 (D) The Secretary shall include in a contract for serv2 ices entered into with a local government under this para3 graph a clause that requires the use of professionals to 

4 furnish the services to the extent that professionals are 

5 available in the area under the jurisdiction of such govern6 ment. 

7 (c) APPLICABILITY OF NATIONAL ENVIRONMENTAL

8 POLICY ACT OF 1969.—(1) The provisions of the National 

9 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

10 seq.) shall not apply to the actions of the President, the 

11 Commission, and, except as provided in paragraph (2), the 

12 Department of Defense in carrying out this title. 

13 (2)(A) The provisions of the National Environmental 

14 Policy Act of 1969 shall apply to actions of the Depart15 ment of Defense under this title (i) during the process of 

16 property disposal, and (ii) during the process of relocating 

17 functions from a military installation being closed or re18 aligned to another military installation after the receiving 

19 installation has been selected but before the functions are 

20 relocated. 

21 (B) In applying the provisions of the National Envi22 ronmental Policy Act of 1969 to the processes referred 

23 to in subparagraph (A), the Secretary of Defense and the 

24 Secretary of the military departments concerned shall not 

25 have to consider— 


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1 (i) the need for closing or realigning the mili2 tary installation which has been recommended for 

3 closure or realignment by the Commission; 

4 (ii) the need for transferring functions to any 

5 military installation which has been selected as the 

6 receiving installation; or 

7 (iii) military installations alternative to those 

8 recommended or selected. 

9 (3) A civil action for judicial review, with respect to 

10 any requirement of the National Environmental Policy Act 

11 of 1969 to the extent such Act is applicable under para12 graph (2), of any act or failure to act by the Department 

13 of Defense during the closing, realigning, or relocating of 

14 functions referred to in clauses (i) and (ii) of paragraph 

15 (2)(A), may not be brought more than 60 days after the 

16 date of such act or failure to act. 

17 (d) WAIVER.—The Secretary of Defense may close or 

18 realign military installations under this title without re19 gard to— 

20 (1) any provision of law restricting the use of 

21 funds for closing or realigning military installations 

22 included in any appropriations or authorization Act; 

23 and 

24 (2) sections 2662 and 2687 of title 10, United 

25 States Code. 


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1 (e) TRANSFER AUTHORITY IN CONNECTION WITH

2 PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.— 

3 (1)(A) Subject to paragraph (2) of this subsection and sec4 tion 120(h) of the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42 

6 U.S.C. 9620(h)), the Secretary may enter into an agree7 ment to transfer by deed real property or facilities referred 

8 to in subparagraph (B) with any person who agrees to 

9 perform all environmental restoration, waste management, 

10 and environmental compliance activities that are required 

11 for the property or facilities under Federal and State laws, 

12 administrative decisions, agreements (including schedules 

13 and milestones), and concurrences. 

14 (B) The real property and facilities referred to in 

15 subparagraph (A) are the real property and facilities lo16 cated at an installation closed or to be closed, or realigned 

17 or to be realigned, under this title that are available exclu18 sively for the use, or expression of an interest in a use, 

19 of a redevelopment authority under subsection (b)(6)(F) 

20 during the period provided for that use, or expression of 

21 interest in use, under that subsection. The real property 

22 and facilities referred to in subparagraph (A) are also the 

23 real property and facilities located at an installation ap24 proved for closure or realignment under this title after 


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1 2001 that are available for purposes other than to assist 

2 the homeless. 

3 (C) The Secretary may require any additional terms 

4 and conditions in connection with an agreement author5 ized by subparagraph (A) as the Secretary considers ap6 propriate to protect the interests of the United States. 

7 (2) A transfer of real property or facilities may be 

8 made under paragraph (1) only if the Secretary certifies 

9 to Congress that— 

10 (A) the costs of all environmental restoration, 

11 waste management, and environmental compliance 

12 activities otherwise to be paid by the Secretary with 

13 respect to the property or facilities are equal to or 

14 greater than the fair market value of the property 

15 or facilities to be transferred, as determined by the 

16 Secretary; or 

17 (B) if such costs are lower than the fair market 

18 value of the property or facilities, the recipient of 

19 the property or facilities agrees to pay the difference 

20 between the fair market value and such costs. 

21 (3) In the case of property or facilities covered by 

22 a certification under paragraph (2)(A), the Secretary may 

23 pay the recipient of such property or facilities an amount 

24 equal to the lesser of— 


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1 (A) the amount by which the costs incurred by 

2 the recipient of such property or facilities for all en3 vironmental restoration, waste, management, and 

4 environmental compliance activities with respect to 

5 such property or facilities exceed the fair market 

6 value of such property or facilities as specified in 

7 such certification; or 

8 (B) the amount by which the costs (as deter9 mined by the Secretary) that would otherwise have 

10 been incurred by the Secretary for such restoration, 

11 management, and activities with respect to such 

12 property or facilities exceed the fair market value of 

13 such property or facilities as so specified. 

14 (4) As part of an agreement under paragraph (1), 

15 the Secretary shall disclose to the person to whom the 

16 property or facilities will be transferred any information 

17 of the Secretary regarding the environmental restoration, 

18 waste management, and environmental compliance activi19 ties described in paragraph (1) that relate to the property 

20 or facilities. The Secretary shall provide such information 

21 before entering into the agreement. 

22 (5) Nothing in this subsection shall be construed to 

23 modify, alter, or amend the Comprehensive Environmental 

24 Response, Compensation, and Liability Act of 1980 (42 


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1 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act (42 

2 U.S.C. 6901 et seq.). 

3 (6) Section 330 of the National Defense Authoriza4 tion Act for Fiscal Year 1993 (Public Law 102–484; 10 

5 U.S.C. 2687 note) shall not apply to any transfer under 

6 this subsection to persons or entities described in sub7 section (a)(2) of such section 330, except in the case of 

8 releases or threatened releases not disclosed pursuant to 

9 paragraph (4). 

10 SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE AC11 COUNT 2012. 

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 2012’’ (in this section referred to as the ‘‘Ac17 count’’). The Account shall be administered by the Sec18 retary as a single account. 

19 (2) There shall be deposited into the Account— 

20 (A) funds authorized for and appropriated to 

21 the Account; 

22 (B) any funds that the Secretary may, subject 

23 to approval in an appropriation Act, transfer to the 

24 Account from funds appropriated to the Department 

25 of Defense for any purpose, except that such funds 


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1 may be transferred only after the date on which the 

2 Secretary transmits written notice of, and justifica3 tion for, such transfer to the congressional defense 

4 committees; and 

5 (C) except as provided in subsection (d), pro6 ceeds received from the lease, transfer, or disposal of 

7 any property at a military installation that is closed 

8 or realigned under this title. 

9 (3) The Account shall be closed at the time and in 

10 the manner provided for appropriation accounts under sec11 tion 1555 of title 31, United States Code. Unobligated 

12 funds which remain in the Account upon closure shall be 

13 held by the Secretary of the Treasury until transferred 

14 by law after the congressional defense committees receive 

15 the final report transmitted under subsection (c)(2). 

16 (b) USE OF FUNDS.—(1) The Secretary may use the 

17 funds in the Account only for the purposes described in 

18 section 2905 with respect to military installations ap19 proved for closure or realignment under this title. 

20 (2) When a decision is made to use funds in the Ac21 count to carry out a construction project under section 

22 2905(a) and the cost of the project will exceed the max23 imum amount authorized by law for a minor military con24 struction project, the Secretary shall notify in writing the 

25 congressional defense committees of the nature of, and 


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1 justification for, the project and the amount of expendi2 tures for such project. Any such construction project may 

3 be carried out without regard to section 2802(a) of title 

4 10, United States Code. 

5 (c) REPORTS.—(1)(A) No later than 60 days after 

6 the end of each fiscal year in which the Secretary carries 

7 out activities under this title using amounts in the Ac8 count, the Secretary shall transmit a report to the con9 gressional defense committees of— 

10 (i) the amount and nature of the deposits into, 

11 and the expenditures from, the Account during such 

12 fiscal year; 

13 (ii) the amount and nature of other expendi14 tures made pursuant to section 2905(a) during such 

15 fiscal year; 

16 (iii) the amount and nature of anticipated de17 posits to be made into, and the anticipated expendi18 tures to be made from, the Account during the first 

19 fiscal year commencing after the submission of the 

20 report; and 

21 (iv) the amount and nature of anticipated ex22 penditures to be made pursuant to section 2905(a) 

23 during the first fiscal year commencing after the 

24 submission of the report. 


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1 (B) The report for a fiscal year shall include the fol2 lowing: 

3 (i) The obligations and expenditures from the 

4 Account during the fiscal year, identified by sub5 account and installation, for each military depart6 ment and Defense Agency. 

7 (ii) The fiscal year in which appropriations for 

8 such expenditures were made and the fiscal year in 

9 which funds were obligated for such expenditures. 

10 (iii) Each military construction project for 

11 which such obligations and expenditures were made, 

12 identified by installation and project title. 

13 (iv) A description and explanation of the extent, 

14 if any, to which expenditures for military construc15 tion projects for the fiscal year differed from pro16 posals for projects and funding levels that were in17 cluded in the justification transmitted to Congress 

18 under section 2907(1), or otherwise, for the funding 

19 proposals for the Account for such fiscal year, in20 cluding an explanation of— 

21 (I) any failure to carry out military con22 struction projects that were so proposed; and 

23 (II) any expenditures for military construc24 tion projects that were not so proposed. 


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1 (v) An estimate of the net revenues to be re2 ceived from property disposals to be completed dur3 ing the first fiscal year commencing after the sub4 mission of the report at military installations ap5 proved for closure or realignment under this title. 

6 (2) No later than 60 days after the closure of the 

7 Account under subsection (a)(3), the Secretary shall 

8 transmit to the congressional defense committees a report 

9 containing an accounting of— 

10 (A) all the funds deposited into and expended 

11 from the Account or otherwise expended under this 

12 title with respect to such installations; and 

13 (B) any amount remaining in the Account. 

14 (d) DISPOSAL OR TRANSFER OF COMMISSARY

15 STORES AND PROPERTY PURCHASED WITH NON16 APPROPRIATED FUNDS.—(1) If any real property or facil17 ity acquired, constructed, or improved (in whole or in part) 

18 with commissary store funds or nonappropriated funds is 

19 transferred or disposed of in connection with the closure 

20 or realignment of a military installation under this title, 

21 a portion of the proceeds of the transfer or other disposal 

22 of property on that installation shall be deposited in the 

23 reserve account established under section 204(b)(7)(C) of 

24 the Defense Authorization Amendments and Base Closure 

25 and Realignment Act (10 U.S.C. 2687 note). 


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1 (2) The amount so deposited shall be equal to the 

2 depreciated value of the investment made with such funds 

3 in the acquisition, construction, or improvement of that 

4 particular real property or facility. The depreciated value 

5 of the investment shall be computed in accordance with 

6 regulations prescribed by the Secretary. 

7 (3) The Secretary may use amounts in the reserve 

8 account, without further appropriation, for the purpose of 

9 acquiring, constructing, and improving— 

10 (A) commissary stores; and 

11 (B) real property and facilities for non12 appropriated fund instrumentalities. 

13 (4) As used in this subsection: 

14 (A) The term ‘‘commissary store funds’’ means 

15 funds received from the adjustment of, or surcharge 

16 on, selling prices at commissary stores fixed under 

17 section 2685 of title 10, United States Code. 

18 (B) The term ‘‘nonappropriated funds’’ means 

19 funds received from a nonappropriated fund instru20 mentality. 

21 (C) The term ‘‘nonappropriated fund instru22 mentality’’ means an instrumentality of the United 

23 States under the jurisdiction of the Armed Forces 

24 (including the Army and Air Force Exchange Serv25 ice, the Navy Resale and Services Support Office, 


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1 and the Marine Corps exchanges) which is conducted 

2 for the comfort, pleasure, contentment, or physical 

3 or mental improvement of members of the Armed 

4 Forces. 

5 (e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR

6 ENVIRONMENTAL RESTORATION PROJECTS.—Except for 

7 funds deposited into the Account under subsection (a), 

8 funds appropriated to the Department of Defense may not 

9 be used for purposes described in section 2905(a)(1)(C). 

10 The prohibition in this subsection shall expire upon the 

11 closure of the Account under subsection (a)(3). 

12 (f) AUTHORIZED COST AND SCOPE OF WORK VARI13 ATIONS.—(1) Subject to paragraphs (2) and (3), the cost 

14 authorized for a military construction project or military 

15 family housing project to be carried out using funds in 

16 the Account may not be increased or reduced by more than 

17 20 percent or $2,000,000, whichever is less, of the amount 

18 specified for the project in the conference report to accom19 pany the Military Construction Authorization Act author20 izing the project. The scope of work for such a project 

21 may not be reduced by more than 25 percent from the 

22 scope specified in the most recent budget documents for 

23 the projects listed in such conference report. 

24 (2) Paragraph (1) shall not apply to a military con25 struction project or military family housing project to be 


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1 carried out using funds in the Account with an estimated 

2 cost of less than $5,000,000, unless the project has not 

3 been previously identified in any budget submission for the 

4 Account and exceeds the applicable minor construction 

5 threshold under section 2805 of title 10, United States 

6 Code. 

7 (3) The limitation on cost or scope variation in para8 graph (1) shall not apply if the Secretary of Defense 

9 makes a determination that an increase or reduction in 

10 cost or a reduction in the scope of work for a military 

11 construction project or military family housing project to 

12 be carried out using funds in the Account needs to be 

13 made for the sole purpose of meeting unusual variations 

14 in cost or scope. If the Secretary makes such a determina15 tion, the Secretary shall notify the congressional defense 

16 committees of the variation in cost or scope not later than 

17 21 days before the date on which the variation is made 

18 in connection with the project or, if the notification is pro19 vided in an electronic medium pursuant to section 480 of 

20 title 10, United States Code, not later than 14 days before 

21 the date on which the variation is made. The Secretary 

22 shall include the reasons for the variation in the notifica23 tion. 


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1 SEC. 2907. REPORTS. 

2 (a) REPORTING REQUIREMENT.—As part of the 

3 budget request for fiscal year 2015 and for each fiscal 

4 year thereafter through fiscal year 2026 for the Depart5 ment of Defense, the Secretary shall transmit to the con6 gressional defense committees— 

7 (1) a schedule of the closure actions to be car8 ried out under this title in the fiscal year for which 

9 the request is made and an estimate of the total ex10 penditures required and cost savings to be achieved 

11 by each such closure and of the time period in which 

12 these savings are to be achieved in each case, to13 gether with the Secretary’s assessment of the envi14 ronmental effects of such actions; 

15 (2) a description of the military installations, 

16 including those under construction and those 

17 planned for construction, to which functions are to 

18 be transferred as a result of such closures, together 

19 with the Secretary’s assessment of the environmental 

20 effects of such transfers; 

21 (3) a description of the closure actions already 

22 carried out at each military installation since the 

23 date of the installation’s approval for closure under 

24 this title and the current status of the closure of the 

25 installation, including whether— 


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1 (A) a redevelopment authority has been 

2 recognized by the Secretary for the installation; 

3 (B) the screening of property at the instal4 lation for other Federal use has been com5 pleted; and 

6 (C) a redevelopment plan has been agreed 

7 to by the redevelopment authority for the in8 stallation; 

9 (4) a description of redevelopment plans for 

10 military installations approved for closure under this 

11 title, the quantity of property remaining to be dis12 posed of at each installation as part of its closure, 

13 and the quantity of property already disposed of at 

14 each installation; 

15 (5) a list of the Federal agencies that have re16 quested property during the screening process for 

17 each military installation approved for closure under 

18 this title, including the date of transfer or antici19 pated transfer of the property to such agencies, the 

20 acreage involved in such transfers, and an expla21 nation for any delays in such transfers; 

22 (6) a list of known environmental remediation 

23 issues at each military installation approved for clo24 sure under this title, including the acreage affected 

25 by these issues, an estimate of the cost to complete 


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1 such environmental remediation, and the plans (and 

2 timelines) to address such environmental remedi3 ation; and 

4 (7) an estimate of the date for the completion 

5 of all closure actions at each military installation ap6 proved for closure or realignment under this title. 

7 SEC. 2908. CONGRESSIONAL CONSIDERATION OF COMMIS8 SION REPORT. 

9 (a) TERMS OF THE RESOLUTION.—For purposes of 

10 section 2904(b), the term ‘‘joint resolution’’ means only 

11 a joint resolution which is introduced within the 10-day 

12 period beginning on the date on which the President trans13 mits the report to the Congress under section 2903(j), 

14 and— 

15 (1) which does not have a preamble; 

16 (2) the matter after the resolving clause of 

17 which is as follows: ‘‘That Congress disapproves the 

18 recommendations of the Defense Base Closure and 

19 Realignment Commission as submitted by the Presi20 dent on ’’, the blank space being 

21 filled in with the appropriate date; and 

22 (3) the title of which is as follows: ‘‘Joint reso23 lution disapproving the recommendations of the De24 fense Base Closure and Realignment Commission.’’. 


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1 (b) REFERRAL.—A resolution described in subsection 

2 (a) that is introduced in the House of Representatives 

3 shall be referred to the Committee on Armed Services of 

4 the House of Representatives. A resolution described in 

5 subsection (a) introduced in the Senate shall be referred 

6 to the Committee on Armed Services of the Senate. 

7 (c) DISCHARGE.—If the committee to which a resolu8 tion described in subsection (a) is referred has not re9 ported such a resolution (or an identical resolution) by the 

10 end of the 20-day period beginning on the date on which 

11 the President transmits the report to the Congress under 

12 section 2903(j), such committee shall be, at the end of 

13 such period, discharged from further consideration of such 

14 resolution, and such resolution shall be placed on the ap15 propriate calendar of the House involved. 

16 (d) CONSIDERATION.—(1) On or after the third day 

17 after the date on which the committee to which such a 

18 resolution is referred has reported, or has been discharged 

19 (under subsection (c)) from further consideration of, such 

20 a resolution, it is in order (even though a previous motion 

21 to the same effect has been disagreed to) for any Member 

22 of the respective House to move to proceed to the consider23 ation of the resolution. A member may make the motion 

24 only on the day after the calendar day on which the Mem25 ber announces to the House concerned the Member’s inVerDate Mar 15 2010 04:54 May 10, 2012 Jkt 099200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 E:\BILLS\S2467.IS S2467

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1 tention to make the motion, except that, in the case of 

2 the House of Representatives, the motion may be made 

3 without such prior announcement if the motion is made 

4 by direction of the committee to which the resolution was 

5 referred. All points of order against the resolution (and 

6 against consideration of the resolution) are waived. The 

7 motion is highly privileged in the House of Representatives 

8 and is privileged in the Senate and is not debatable. The 

9 motion is not subject to amendment, or to a motion to 

10 postpone, or to a motion to proceed to the consideration 

11 of other business. A motion to reconsider the vote by 

12 which the motion is agreed to or disagreed to shall not 

13 be in order. If a motion to proceed to the consideration 

14 of the resolution is agreed to, the respective House shall 

15 immediately proceed to consideration of the joint resolu16 tion without intervening motion, order, or other business, 

17 and the resolution shall remain the unfinished business of 

18 the respective House until disposed of. 

19 (2) Debate on the resolution, and on all debatable 

20 motions and appeals in connection therewith, shall be lim21 ited to not more than 2 hours, which shall be divided 

22 equally between those favoring and those opposing the res23 olution. An amendment to the resolution is not in order. 

24 A motion further to limit debate is in order and not debat25 able. A motion to postpone, or a motion to proceed to the 


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1 consideration of other business, or a motion to recommit 

2 the resolution is not in order. A motion to reconsider the 

3 vote by which the resolution is agreed to or disagreed to 

4 is not in order. 

5 (3) Immediately following the conclusion of the de6 bate on a resolution described in subsection (a) and a sin7 gle quorum call at the conclusion of the debate if re8 quested in accordance with the rules of the appropriate 

9 House, the vote on final passage of the resolution shall 

10 occur. 

11 (4) Appeals from the decisions of the Chair relating 

12 to the application of the rules of the Senate or the House 

13 of Representatives, as the case may be, to the procedure 

14 relating to a resolution described in subsection (a) shall 

15 be decided without debate. 

16 (e) CONSIDERATION BY OTHER HOUSE.—(1) If, be17 fore the passage by one House of a resolution of that 

18 House described in subsection (a), that House receives 

19 from the other House a resolution described in subsection 

20 (a), then the following procedures shall apply: 

21 (A) The resolution of the other House shall not 

22 be referred to a committee and may not be consid23 ered in the House receiving it except in the case of 

24 final passage as provided in subparagraph (B)(ii). 


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1 (B) With respect to a resolution described in 

2 subsection (a) of the House receiving the resolu3 tion— 

4 (i) the procedure in that House shall be 

5 the same as if no resolution had been received 

6 from the other House; but 

7 (ii) the vote on final passage shall be on 

8 the resolution of the other House. 

9 (2) Upon disposition of the resolution received from 

10 the other House, it shall no longer be in order to consider 

11 the resolution that originated in the receiving House. 

12 (f) RULES OF THE SENATE AND HOUSE.—This sec13 tion is enacted by Congress— 

14 (1) as an exercise of the rulemaking power of 

15 the Senate and House of Representatives, respec16 tively, and as such it is deemed a part of the rules 

17 of each House, respectively, but applicable only with 

18 respect to the procedure to be followed in that 

19 House in the case of a resolution described in sub20 section (a), and it supersedes other rules only to the 

21 extent that it is inconsistent with such rules; and 

22 (2) with full recognition of the constitutional 

23 right of either House to change the rules (so far as 

24 relating to the procedure of that House) at any time, 


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1 in the same manner, and to the same extent as in 

2 the case of any other rule of that House. 

3 SEC. 2909. RESTRICTION ON OTHER BASE CLOSURE AU4 THORITY. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (c), during the period beginning on the date of the enact7 ment of this Act, and ending on April 15, 2016, this title 

8 shall be the exclusive authority for selecting for closure 

9 or realignment, or for carrying out any closure or realign10 ment of, a military installation inside the United States. 

11 (b) RESTRICTION.—Except as provided in subsection 

12 (c), none of the funds available to the Department of De13 fense may be used, other than under this title, during the 

14 period specified in subsection (a)— 

15 (1) to identify, through any transmittal to the 

16 Congress or through any other public announcement 

17 or notification, any military installation inside the 

18 United States as an installation to be closed or re19 aligned or as an installation under consideration for 

20 closure or realignment; or 

21 (2) to carry out any closure or realignment of 

22 a military installation inside the United States. 

23 (c) EXCEPTION.—Nothing in this title affects the au24 thority of the Secretary to carry out closures and realign25 ments to which section 2687 of title 10, United States 


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1 Code, is not applicable, including closures and realign2 ments carried out for reasons of national security or a 

3 military emergency referred to in subsection (c) of such 

4 section. 

5 SEC. 2910. DEFINITIONS. 

6 As used in this title: 

7 (1) The term ‘‘Account’’ means the Department 

8 of Defense Base Closure Account established by sec9 tion 2906(a)(1). 

10 (2) The term ‘‘congressional defense commit11 tees’’ means the Committee on Armed Services and 

12 the Committee on Appropriations of the Senate and 

13 the Committee on Armed Services and the Com14 mittee on Appropriations of the House of Represent15 atives. 

16 (3) The term ‘‘Commission’’ means the Com17 mission established by section 2902. 

18 (4) The term ‘‘military installation’’ means a 

19 base, camp, post, station, yard, center, homeport fa20 cility for any ship, or other activity under the juris21 diction of the Department of Defense, including any 

22 leased facility. Such term does not include any facil23 ity used primarily for civil works, rivers and harbors 

24 projects, flood control, or other projects not under 


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1 the primary jurisdiction or control of the Depart2 ment of Defense. 

3 (5) The term ‘‘realignment’’ includes any action 

4 which both reduces and relocates functions and civil5 ian personnel positions but does not include a reduc6 tion in force resulting from workload adjustments, 

7 reduced personnel or funding levels, or skill imbal8 ances. 

9 (6) The term ‘‘Secretary’’ means the Secretary 

10 of Defense. 

11 (7) The term ‘‘United States’’ means the 50 

12 States, the District of Columbia, the Commonwealth 

13 of Puerto Rico, Guam, the Virgin Islands, American 

14 Samoa, and any other commonwealth, territory, or 

15 possession of the United States. 

16 (8) The term ‘‘date of approval’’, with respect 

17 to a closure or realignment of an installation, means 

18 the date on which the authority of Congress to dis19 approve a recommendation of closure or realign20 ment, as the case may be, of such installation under 

21 this title expires. 

22 (9) The term ‘‘redevelopment authority’’, in the 

23 case of an installation to be closed or realigned 

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1 nized by the Secretary of Defense as the entity re2 sponsible for developing the redevelopment plan with 

3 respect to the installation or for directing the imple4 mentation of such plan. 

5 (10) The term ‘‘redevelopment plan’’ in the 

6 case of an installation to be closed or realigned 

7 under this title, means a plan that— 

8 (A) is agreed to by the local redevelopment 

9 authority with respect to the installation; and 

10 (B) provides for the reuse or redevelop11 ment of the real property and personal property 

12 of the installation that is available for such 

13 reuse and redevelopment as a result of the clo14 sure or realignment of the installation. 

15 (11) The term ‘‘representative of the homeless’’ 

16 has the meaning given such term in section 

17 501(i)(4) of the Stewart B. McKinney Homeless As18 sistance Act (42 U.S.C. 11411(i)(4)). 

19 SEC. 2911. TREATMENT AS A BASE CLOSURE LAW FOR PUR20 POSES OF OTHER PROVISIONS OF LAW. 

21 (a) DEFINITION OF ‘‘BASE CLOSURE LAW’’ IN TITLE

22 10.—Section 101(a)(17) of title 10, United States Code, 

23 is amended by adding at the end the following new sub24 paragraph: 


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1 ‘‘(D) The Defense Base Closure and Realign2 ment Act of 2012.’’. 

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 2012.’’. 

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 2012.’’. 

22 SEC. 2912. CONFORMING AMENDMENTS. 

23 (a) DEPOSIT AND USE OF LEASE PROCEEDS.—Sec24 tion 2667(e) of title 10, United States Code, is amended— 


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1 (1) in paragraph (5), by striking ‘‘on or after 

2 January 1, 2005,’’ and inserting ‘‘from January 1, 

3 2005 through December 31, 2005,’’; and 

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

5 paragraph: 

6 ‘‘(6) Money rentals received by the United States 

7 from a lease under subsection (g) at a military installation 

8 approved for closure or realignment under a base closure 

9 law on or after January 1, 2006, shall be deposited into 

10 the account established under section 2906 of the Defense 

11 Base Closure and Realignment Act of 2012.’’. 

12 (b) REQUESTS BY PUBLIC AGENCIES FOR PROPERTY

13 FOR PUBLIC AIRPORTS.—Section 47151(g) of title 49, 

14 United States Code, is amended by striking ‘‘section 2687 

15 of title 10, section 201 of the Defense Authorization 

16 Amendments and Base Closure and Realignment Act (10 

17 U.S.C. 2687 note), or section 2905 of the Defense Base 

18 Closure and Realignment Act of 1990 (10 U.S.C. 2687 

19 note)’’ and inserting ‘‘a base closure law, as that term is 

20 defined in section 101(a)(17) of title 10,’’. 

21 (c) RESTORED LEAVE.—Section 6304(d)(3)(A) of 

22 title 5, United States Code, is amended by striking ‘‘the 

23 Defense Base Closure and Realignment Act of 1990 (part 

24 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 


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1 note)’’ and inserting ‘‘a base closure law, as that term is 

2 defined in section 101(a)(17) of title 10,’’. 

Æ 


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