II 

113TH CONGRESS 

2D SESSION S. 2289 

To authorize appropriations for fiscal year 2015 for military activities of 

the Department of Defense and for military construction, to prescribe 

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

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2014 

Mr. LEVIN (for himself and Mr. INHOFE) (by request) introduced the following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To authorize appropriations for fiscal year 2015 for military 

activities of the Department of Defense and for military 

construction, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 

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 2015’’. 


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

2 CONTENTS. 

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

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

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

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

10 this Act is as follows: 

Sec. 1. Short title. 

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

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. Joint Improvised Explosive Device Defeat Fund. 

Sec. 106. Defense production act purchases. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Revision to the service requirement under the Science, Mathematics 

and Research for Transformation (SMART) Defense Education program. 

Sec. 212. Modification to the requirement for contractor cost-sharing in the 

pilot program to include technology protection features during 

research and development of certain defense systems. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Program Matters 


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Sec. 311. Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services 

provided to certain non-Department of Defense entities. 

Sec. 312. Repeal of authority relating to use of military installations by Civil 

Reserve Air Fleet contractors. 

Sec. 313. Repeal of annual report on Department of Defense operation and financial support for military museums. 

Sec. 314. Memorial to the victims of the shooting attack at the Washington 

Navy Yard. 

Sec. 315. Southern Sea Otter Military Readiness Areas. 

Sec. 316. Environmental restoration at former Naval Air Station, Chincoteague, Virginia. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for selected reserve. 

Sec. 412. End strengths for reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2015 limitation on number of non-dual status technicians. 

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

duty for operational support. 

Sec. 416. Management of military technicians. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy Generally 

Sec. 501. Repeal of requirement for submission to Congress of annual reports 

on joint officer management and promotion policy objectives 

for joint officers. 

Sec. 502. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and 

specialties. 

Sec. 503. Authority for three-month deferral of retirement for officers selected 

for selective early retirement. 

Subtitle B—Reserve Component Management 

Sec. 511. Reconciliation of contradictory provisions relating to citizenship qualifications for enlistment in the reserve components of the armed 

forces. 

Sec. 512. Repeal of requirement for membership in specific unit of the selected 

reserve as a condition of employment as a military technician 

(dual status). 

Sec. 513. Retention on the reserve active-status list following nonselection for 

promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate 

degrees. 


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Subtitle C—Member Education and Training 

Sec. 521. Inter-European Air Forces Academy. 

Sec. 522. Authority for Joint Special Operations University to award degrees. 

Sec. 523. Duration of foreign and cultural exchange activities at military service academies. 

Sec. 524. Enhancement of authority to accept support for Air Force Academy 

athletic programs. 

Subtitle D—Defense Dependents’ Education and Military Family Readiness 

Matters 

Sec. 531. Earlier determination of dependent status with respect to transitional 

compensation for dependents of members separated for dependent abuse. 

Sec. 532. Authority to employ non-United States citizens as teachers in Department of Defense Overseas Dependents’ School System. 

Sec. 533. Expansion of the function of the advisory council on dependents’ education to include the domestic dependent elementary and secondary schools. 

Subtitle E—Other Matters 

Sec. 541. Procedures for judicial review of military personnel decisions relating 

to correction of military records. 

Sec. 542. Enhanced role for Department of Justice under Military Lending 

Act. 

Sec. 543. Enforcement of rights under chapter 43 of title 38, United States 

Code, with respect to a State or private employer. 

Sec. 544. Modification of criteria for eligibility for naturalization through service in the armed forces. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2015 increase in military basic pay. 

Sec. 602. Inclusion of Chief of the National Guard Bureau and senior enlisted 

advisor to the Chief of the National Guard Bureau among senior members of the armed forces for purposes of pay and allowances. 

Sec. 603. Revision to method of computation of basic allowance for housing. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

Subtitle C—Travel and Transportation Allowances 

Sec. 621. Authority to require employees of the Department of Defense and 

members of the Army, Navy, Air Force, and Marine Corps to 

occupy quarters on a rental basis while performing official 

travel. 

Sec. 622. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services. 


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TITLE VII—HEALTHCARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 701. Consolidated TRICARE health plan. 

Sec. 702. Revisions to cost sharing requirements for TRICARE for life and the 

pharmacy benefits program. 

Subtitle B—Health Care Administration 

Sec. 711. Designation and responsibilities of Senior Medical Advisor for Armed 

Forces Retirement Home. 

Sec. 712. Extension of authority for the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration 

Fund. 

Sec. 713. Parity in provision of inpatient mental health services with other inpatient medical services. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Three-year extension of authority for Joint Urgent Operational Needs 

Fund. 

Sec. 802. Five-year extension of Defense Production Act of 1950. 

Sec. 803. Program fraud civil remedies statute for the Department of Defense 

and the National Aeronautics and Space Administration. 

Sec. 804. Permanent authority for use of simplified acquisition procedures for 

certain commercial items. 

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

Limitations 

Sec. 811. Authority for Defense Contract Audit Agency to interview contractor 

employees in connection with examination of contractor 

records. 

Sec. 812. Extension to United States transportation command of authorities relating to prohibition on contracting with the enemy. 

Sec. 813. Recharacterization of changes to major automated information system programs. 

Sec. 814. Extension of special emergency procurement authority. 

Sec. 815. Extension of contract authority for advanced component development 

or prototype units. 

Sec. 816. Exception to requirement to include cost or price to the Government 

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

delivery order contracts. 

Sec. 817. Authority for waiver of competitive prototyping requirement for major 

defense acquisition programs in case of programs with no risk 

reduction phase activities. 

Sec. 818. Extension of authority for additional access to contractor and subcontractor records in a contingency operation. 

Sec. 819. Modification of limitations on procurement of photovoltaic devices by 

the Department of Defense. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 


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Sec. 901. Implementation of the December 2013 Secretary of Defense plan for 

reorganization of the Office of the Secretary of Defense and 

implementation of the elimination of Deputy Under Secretary 

of Defense positions. 

Sec. 902. Revision of Secretary of Defense authority to engage in commercial 

activities as security for intelligence collection activities. 

Sec. 903. Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations 

activities abroad. 

Sec. 904. One-year extension of authority to waive reimbursement of costs of 

activities for nongovernmental personnel at Department of Defense regional centers for security studies. 

Sec. 905. One-year extension of authorization for non-conventional assisted recovery capabilities. 

Sec. 906. Authority for Secretary of Defense to engage in commercial activities 

as security for military operations abroad. 

Sec. 907. Statutory streamlining to enable Defense Commissary Agency to become partially self-sustaining. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Authority for use of amounts recovered for damage to Government 

property. 

Subtitle B—Counter-Drug Activities 

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

assignment of United States personnel in Colombia. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Elimination of requirement that a qualified aviator or naval flight 

officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning. 

Sec. 1022. Ensuring operational readiness of littoral combat ships on extended 

deployments. 

Sec. 1023. Authority for limited coastwise trade for certain vessels providing 

transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy. 

Subtitle D—Sexual Assault Prevention and Response Related Reforms 

Sec. 1031. Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the 

defense incident-based reporting system. 

Sec. 1032. Revision to requirements relating to Department of Defense policy 

on retention of evidence in a sexual assault case to allow return 

of personal property upon completion of related proceedings. 

Subtitle E—Other Matters 

Sec. 1041. Technical and clerical amendments. 

Sec. 1042. Renewals, extensions, and succeeding leases for financial institutions 

operating on Department of Defense installations. 


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Sec. 1043. Limited authority for United States to secure copyrights for certain 

scholarly works prepared by faculty of certain Department of 

Defense professional schools. 

Sec. 1044. Revision to statute of limitations for aviation insurance claims. 

Sec. 1045. Transfer of functions of the Veterans’ Advisory Board on Dose Reconstruction to the Secretaries of Veterans Affairs and Defense. 

Sec. 1046. Authority to accept certain voluntary services. 

Sec. 1047. Transfer of Administration of Ocean Research Advisory Panel From 

Department of the Navy to National Oceanic and Atmospheric 

Administration. 

Sec. 1048. Repeal and modification of reporting requirements. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Modifications to Biennial Strategic Workforce Plan relating to senior management, functional, and technical workforce of the Department of Defense. 

Sec. 1102. Authority to provide additional compensation for defense clandestine 

service employees. 

Sec. 1103. Pilot program for the temporary exchange of financial management 

personnel. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Sec. 1201. Enhanced authority to acquire products and services produced in 

Djibouti in support of Department of Defense activities in 

United States Africa Command area of responsibility. 

Sec. 1202. Permanent and global authority for use of acquisition and crossservicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability. 

Sec. 1203. Revisions to Global Security Contingency Fund authority. 

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

Sec. 1205. One-year extension of Afghan Special Immigrant Visa Program. 

Sec. 1206. Enhanced authority for provision of support to foreign military liaison officers of foreign countries while assigned to the Department of Defense. 

TITLE XIII—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1301. Working Capital Funds. 

Sec. 1302. Joint Urgent Operational Needs Fund. 

Sec. 1303. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1304. Drug Interdiction and Counter-Drug Activities, Defense-Wide. 

Sec. 1305. Defense Inspector General. 

Sec. 1306. Defense Health Program. 

Subtitle B—Other Matters 

Sec. 1311. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration 

Fund for Captain James A. Lovell Health Care Center, Illinois. 

Sec. 1312. Authorization of appropriations for Armed Forces Retirement 

Home. 


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TITLE XIV—UNIFORMED AND OVERSEAS CITIZENS ABSENTEE 

VOTING ACT AMENDMENTS 

Sec. 1401. Pre-election reporting requirements on availability and transmission 

of absentee ballots. 

Sec. 1402. Transmission requirements; repeal of waiver provision. 

Sec. 1403. Clarification of State responsibility, civil penalties, and private right 

of action. 

Sec. 1404. Technical clarifications to conform to 2009 MOVE Act amendments 

related to the Federal write-in absentee ballot. 

Sec. 1405. Treatment of ballot requests. 

Sec. 1406. Inclusion of Northern Mariana Islands in the definition of ‘‘State’’ 

for purposes of the Uniformed and Overseas Citizens Absentee 

Voting Act. 

Sec. 1407. Requirement for Presidential designee to revise the Federal post 

card application to allow voters to designate ballot requests. 

Sec. 1408. Requirement of plurality vote for Virgin Islands and Guam Federal 

elections. 

Sec. 1409. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the Federal Voting Assistance Program. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS 

[RESERVED] 

TITLE XVI—CONSOLIDATION AND MODERNIZATION OF STATUTES RELATING TO THE DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM 

Sec. 1601. Short title; table of contents. 

Subtitle A—Program Authorities 

Sec. 1611. Authority to carry out the Department of Defense Cooperative 

Threat Reduction Program. 

Sec. 1612. Use of Department of Defense Cooperative Threat Reduction funds 

for certain emergent threats or opportunities. 

Sec. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities. 

Sec. 1614. Use of funds for other purposes or for increased amounts. 

Sec. 1615. Use of contributions to the Department of Defense Cooperative 

Threat Reduction Program. 

Subtitle B—Restrictions and Limitations 

Sec. 1621. Prohibition on use of funds for specified purposes. 

Sec. 1622. Requirement for on-site managers. 

Sec. 1623. Limitation on use of funds until certain permits obtained. 

Subtitle C—Recurring Certifications and Reports 

Sec. 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or 

activities. 

Sec. 1632. Requirement to submit summary of amounts requested by project 

category. 


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Sec. 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program. 

Sec. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program. 

Subtitle D—Repeals and Transition Provision 

Sec. 1641. Repeals. 

Sec. 1642. Transition provision. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

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

by law. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

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

Sec. 2102. Family housing. 

Sec. 2103. Authorization of appropriations, Army. 

Sec. 2104. Modification of authority to carry out certain fiscal year 2004 

project. 

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

projects. 

Sec. 2106. Extension of authorizations of certain fiscal year 2011 project. 

Sec. 2107. Extension of authorizations of certain fiscal year 2012 projects. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

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

projects. 

Sec. 2206. Modification of authority to carry out certain fiscal year 2014 

project. 

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

Sec. 2208. Extension of authorizations of certain fiscal year 2012 projects. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

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

Sec. 2302. Authorization of appropriations, Air Force. 

Sec. 2303. Modification of authority to carry out certain fiscal year 2008 

project. 

Sec. 2304. Extension of authorizations of certain fiscal year 2011 project. 

Sec. 2305. Extension of authorizations of certain fiscal year 2012 project. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized defense agencies construction and land acquisition 

projects. 

Sec. 2402. Authorized energy conservation projects. 

Sec. 2403. Authorization of appropriations, defense agencies. 


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Sec. 2404. Extension of authorizations of certain fiscal year 2011 project. 

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

Sec. 2406. Extension of authorizations of certain fiscal year 2012 projects. 

Subtitle B—Chemical Demilitarization Authorizations 

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

Sec. 2412. Modification of authority to carry out certain fiscal year 2000 

project. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Subtitle A—Project Authorizations and Authorization of Appropriations 

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

projects. 

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

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

and land acquisition projects. 

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

projects. 

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

projects. 

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

Subtitle B—Other Matters 

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

year 2012 projects. 

Sec. 2612. Modification of authority to carry out certain fiscal year 2013 

project. 

Sec. 2613. Extension of authorization of certain fiscal year 2011 project. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

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

Account. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Sec. 2801. Revisions to minor military construction authorities. 

Sec. 2802. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities. 

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

Sec. 2804. Modification of Department of Defense authority to accept financial 

incentives, goods, or services under the authority of energy savings contracts and activities. 

Sec. 2805. Clarification of authority to enter into energy saving performance 

contracts. 


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Sec. 2806. Production and use of natural gas at Fort Knox, Kentucky. 

Sec. 2807. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions. 

TITLE XXIX—DEFENSE BASE CLOSURE AND REALIGNMENT 

Sec. 2901. Short title and purpose. 

Sec. 2902. The Commission. 

Sec. 2903. Procedure for making recommendations for base closures and realignments. 

Sec. 2904. Closure and realignment of military installations. 

Sec. 2905. Implementation. 

Sec. 2906. Department of Defense Base Closure Account 2014. 

Sec. 2907. Reports. 

Sec. 2908. Congressional consideration of commission report. 

Sec. 2909. Restriction on other base closure authority. 

Sec. 2910. Definitions. 

Sec. 2911. Treatment as a base closure law for purposes of other provisions of 

law. 

Sec. 2912. Conforming amendments. 

1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 SEC. 101. ARMY. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2015 for procurement for the Army as follows: 

7 (1) For aircraft, $5,102,685,000. 

8 (2) For missiles, $1,017,483,000. 

9 (3) For weapons and tracked combat vehicles, 

10 $1,471,438,000. 

11 (4) For ammunition, $1,031,477,000. 

12 (5) For other procurement, $4,893,634,000. 

13 SEC. 102. NAVY AND MARINE CORPS. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2015 for procurement for the Navy and Marine 

16 Corps as follows: 


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1 (1) For aircraft, $13,074,317,000. 

2 (2) For weapons, including missiles and tor3 pedoes, $3,217,945,000. 

4 (3) For shipbuilding and conversion, 

5 $14,400,625,000. 

6 (4) For other procurement, $5,975,828,000. 

7 (5) For procurement, Marine Corps, 

8 $983,352,000. 

9 (6) For ammunition procurement, Navy and 

10 Marine Corps, $771,945,000. 

11 SEC. 103. AIR FORCE. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2015 for procurement for the Air Force as fol14 lows: 

15 (1) For aircraft, $11,542,571,000. 

16 (2) For ammunition, $677,400,000. 

17 (3) For missiles, $4,690,506,000. 

18 (4) For other procurement, $16,566,018,000. 

19 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2015 for Defense-wide procurement in the 

22 amount of $4,221,437,000. 


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1 SEC. 105. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

2 FUND. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2015 for the Joint Improvised Explosive Device 

5 Defeat Fund in the amount of $115,058,000. 

6 SEC. 106. DEFENSE PRODUCTION ACT PURCHASES. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2015 for purchases under the Defense Produc9 tion Act of 1950 (50 U.S.C. App. 2061 et seq.) in the 

10 amount of $21,638,000. 

11 TITLE II—RESEARCH, DEVELOP12 MENT, TEST, AND EVALUA13 TION 

14 Subtitle A—Authorization of 

15 Appropriations 

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2015 for the use of the Department of Defense 

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

20 (1) For the Army, $6,593,898,000. 

21 (2) For the Navy, $16,266,335,000. 

22 (3) For the Air Force, $23,739,892,000. 

23 (4) For Defense-wide activities, 

24 $16,766,084,000. 

25 (5) For the Director of Operational Test and 

26 Evaluation, $167,738,000. 


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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions 

4 SEC. 211. REVISION TO THE SERVICE REQUIREMENT 

5 UNDER THE SCIENCE, MATHEMATICS AND 

6 RESEARCH FOR TRANSFORMATION (SMART) 

7 DEFENSE EDUCATION PROGRAM. 

8 Subparagraph (B) of section 2192a(c)(1) of title 10, 

9 United States Code, is amended by striking ‘‘in the De10 partment of Defense’’ and all that follows through the pe11 riod at the end and inserting ‘‘for the period of obligated 

12 service determined under paragraph (2)— 

13 ‘‘(i) with the Department of Defense; or 

14 ‘‘(ii) with a public or private sector entity 

15 or organization outside the Department of De16 fense if the Secretary of Defense determines 

17 that employment of the person with such entity 

18 or organization for the purpose of such obli19 gated service would provide a benefit to the De20 partment of Defense.’’. 


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1 SEC. 212. MODIFICATION TO THE REQUIREMENT FOR CON2 TRACTOR COST-SHARING IN THE PILOT PRO3 GRAM TO INCLUDE TECHNOLOGY PROTEC4 TION FEATURES DURING RESEARCH AND DE5 VELOPMENT OF CERTAIN DEFENSE SYSTEMS. 

6 Section 243(b) of the Ike Skelton National Defense 

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

8 383; 10 U.S.C. 2358 note) is amended by striking ‘‘at 

9 least one half of the cost of such activities’’ and inserting 

10 ‘‘an appropriate share of the cost of such activities, as de11 termined by the Secretary’’. 

12 TITLE III—OPERATION AND 

13 MAINTENANCE 

14 Subtitle A—Authorization of 

15 Appropriations 

16 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2015 for the use of the armed forces and other 

19 activities and agencies of the Department of Defense for 

20 expenses, not otherwise provided for, for operation and 

21 maintenance, in amounts as follows: 

22 (1) For the Army, $33,240,148,000. 

23 (2) For the Navy, $39,316,857,000. 

24 (3) For the Marine Corps, $5,909,487,000. 

25 (4) For the Air Force, $35,331,193,000. 


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1 (5) For Defense-wide activities, 

2 $31,198,232,000. 

3 (6) For the Army Reserve, $2,490,569,000. 

4 (7) For the Navy Reserve, $1,007,100,000. 

5 (8) For the Marine Corps Reserve, 

6 $268,582,000. 

7 (9) For the Air Force Reserve, $3,015,842,000. 

8 (10) For the Army National Guard, 

9 $6,030,773,000. 

10 (11) For the Air National Guard, 

11 $6,392,859,000. 

12 (12) For the United States Court of Appeals 

13 for the Armed Forces, $13,723,000. 

14 (13) For the Department of Defense Acquisi15 tion Workforce Development Fund, $212,875,000. 

16 (14) For Environmental Restoration, Army, 

17 $201,560,000. 

18 (15) For Environmental Restoration, Navy, 

19 $277,294,000. 

20 (16) For Environmental Restoration, Air Force, 

21 $408,716,000. 

22 (17) For Environmental Restoration, Defense23 wide, $8,547,000. 

24 (18) For Environmental Restoration, Formerly 

25 Used Defense Sites, $208,353,000. 


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1 (19) For Overseas Humanitarian, Disaster, and 

2 Civic Aid programs, $100,000,000. 

3 (20) For Cooperative Threat Reduction pro4 grams, $365,108,000. 

5 (21) For Overseas Contingency Operations 

6 Transfer Fund, $5,000,000. 

7 (22) For Support for International Sporting 

8 Competitions, Defense, $10,000,000. 

9 Subtitle B—Program Matters 

10 SEC. 311. EXPANSION OF AUTHORITY FOR SECRETARY OF 

11 DEFENSE TO USE THE DEPARTMENT OF DE12 FENSE REIMBURSEMENT RATE FOR TRANS13 PORTATION SERVICES PROVIDED TO CER14 TAIN NON-DEPARTMENT OF DEFENSE ENTI15 TIES. 

16 (a) ELIGIBLE CATEGORIES OF TRANSPORTATION.— 

17 Subsection (a) of section 2642 of title 10, United States 

18 Code, is amended— 

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

20 striking ‘‘The Secretary’’ and inserting ‘‘Subject to 

21 subsection (b), the Secretary’’; 

22 (2) in paragraph (3)— 

23 (A) by striking ‘‘During the period begin24 ning on October 28, 2009, and ending on Octo25 ber 28, 2019, for’’ and inserting ‘‘For’’; 


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1 (B) by striking ‘‘of Defense’’ the first place 

2 it appears and all that follows through ‘‘mili3 tary sales’’ and inserting ‘‘of Defense’’; and 

4 (C) by striking ‘‘, but only if’’ and all that 

5 follows through ‘‘commercial transportation in6 dustry’’; and 

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

8 paragraphs: 

9 ‘‘(4) For military transportation services pro10 vided in support of foreign military sales. 

11 ‘‘(5) For military transportation services pro12 vided to a State, local, or tribal agency (including 

13 any organization composed of State, local, or tribal 

14 agencies). 

15 ‘‘(6) For military transportation services pro16 vided to a Department of Defense contractor when 

17 transporting supplies that are for, or destined for, a 

18 Department of Defense entity.’’. 

19 (b) TERMINATION OF AUTHORITY FOR CERTAIN

20 CATEGORIES OF TRANSPORTATION.—Such section is fur21 ther amended— 

22 (1) by redesignating subsection (b) as sub23 section (c); and 

24 (2) by inserting after subsection (a) the fol25 lowing new subsection (b): 


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1 ‘‘(b) TERMINATION OF AUTHORITY FOR CERTAIN

2 CATEGORIES OF TRANSPORTATION.—The provisions of 

3 paragraphs (3), (4), (5), and (6) of subsection (a) shall 

4 apply only to military transportation services provided be5 fore October 1, 2019.’’. 

6 (c) CLERICAL AMENDMENTS.— 

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

8 section is amended to read as follows: 

9 ‘‘§ 2642. Transportation services provided to certain 

10 non-Department of Defense agencies and 

11 entities: use of Department of Defense re12 imbursement rate’’. 

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

14 such section in the table of sections at the beginning 

15 of chapter 157 of such title is amended to read as 

16 follows: 

‘‘2642. Transportation services provided to certain non-Department of Defense 

agencies and entities: use of Department of Defense reimbursement rate.’’. 

17 SEC. 312. REPEAL OF AUTHORITY RELATING TO USE OF 

18 MILITARY INSTALLATIONS BY CIVIL RE19 SERVE AIR FLEET CONTRACTORS. 

20 (a) REPEAL.—Section 9513 of title 10, United States 

21 Code, is repealed. 

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

23 at the beginning of chapter 931 of such title is amended 

24 by striking the item relating to section 9513. 


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1 SEC. 313. REPEAL OF ANNUAL REPORT ON DEPARTMENT 

2 OF DEFENSE OPERATION AND FINANCIAL 

3 SUPPORT FOR MILITARY MUSEUMS. 

4 (a) IN GENERAL.—Section 489 of title 10, United 

5 States Code, is repealed. 

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

7 at the beginning of chapter 23 of such title is amended 

8 by striking the item relating to section 489. 

9 SEC. 314. MEMORIAL TO THE VICTIMS OF THE SHOOTING 

10 ATTACK AT THE WASHINGTON NAVY YARD. 

11 (a) MEMORIAL AUTHORIZED.—The Secretary of the 

12 Navy may establish, maintain, and repair a memorial dedi13 cated to the victims of the shooting attack at the Wash14 ington Navy Yard, Washington, DC, that occurred on Sep15 tember 16, 2013. 

16 (b) LOCATION.—The memorial shall become part of 

17 the Washington Navy Yard. 

18 (c) ADDITIONAL FUNDING.— 

19 (1) ESTABLISHMENT OF ACCOUNT.—An ac20 count shall be established on the books of the Treas21 ury for the purpose of managing contributions re22 ceived pursuant to paragraph (2). 

23 (2) ACCEPTANCE OF CONTRIBUTIONS.—The 

24 Secretary of the Navy may establish procedures 

25 under which the Secretary may solicit and accept 

26 monetary contributions or gifts of property for the 


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1 purpose of the activities described in subsection (a) 

2 without regard to limitations contained in section 

3 2601 of title 10, United States Code. 

4 (3) DEPOSIT OF CONTRIBUTIONS.—The Sec5 retary of the Navy shall deposit monetary contribu6 tions accepted under paragraph (2) in the account 

7 established under paragraph (1). The funds in the 

8 account established under paragraph (1) shall be 

9 available until expended without further appropria10 tion, but only for the purposes described in sub11 section (a). 

12 SEC. 315. SOUTHERN SEA OTTER MILITARY READINESS 

13 AREAS. 

14 (a) ESTABLISHMENT OF THE SOUTHERN SEA OTTER

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

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

17 following new section: 

18 ‘‘§ 7235. Establishment of the Southern Sea Otter 

19 Military Readiness Areas 

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

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

22 Military Readiness Areas’, for national defense purposes. 

23 Such areas shall include each of the following: 

24 ‘‘(1) The area that includes Naval Base Ven25 tura County, San Nicolas Island, and Begg Rock 


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1 and the adjacent and surrounding waters within the 

2 following coordinates: 

3 ‘‘N. Latitude/W. Longitude 

4 ‘‘33°27.8′/119°34.3′ 

5 ‘‘33°20.5′/119°15.5′ 

6 ‘‘33°13.5′/119°11.8′ 

7 ‘‘33°06.5′/119°15.3′ 

8 ‘‘33°02.8′/119°26.8′ 

9 ‘‘33°08.8′/119°46.3′ 

10 ‘‘33°17.2′/119°56.9′ 

11 ‘‘33°30.9′/119°54.2′. 

12 ‘‘(2) The area that includes Naval Base Coro13 nado, San Clemente Island and the adjacent and 

14 surrounding waters running parallel to shore to 3 

15 nautical miles from the high tide line designated by 

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

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

18 Safety Zone. 

19 ‘‘(b) ACTIVITIES WITHIN THE SOUTHERN SEA

20 OTTER MILITARY READINESS AREAS.— 

21 ‘‘(1) INCIDENTAL TAKINGS UNDER ENDAN22 GERED SPECIES ACT OF 1973.—Sections 4 and 9 of 

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

24 1533, 1538) shall not apply with respect to the inci25 dental taking of any southern sea otter in the SouthVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 ern Sea Otter Military Readiness Areas in the 

2 course of conducting a military readiness activity. 

3 ‘‘(2) INCIDENTAL TAKINGS UNDER MARINE

4 MAMMAL PROTECTION ACT OF 1972.—Sections 101 

5 and 102 of the Marine Mammal Protection Act of 

6 1972 (16 U.S.C. 1371, 1372) shall not apply with 

7 respect to the incidental taking of any southern sea 

8 otter in the Southern Sea Otter Military Readiness 

9 Areas in the course of conducting a military readi10 ness activity. 

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

12 LISTED.—For purposes of conducting a military 

13 readiness activity, any southern sea otter while with14 in the Southern Sea Otter Military Readiness Areas 

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

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

17 as a member of a species that is proposed to be list18 ed as an endangered species or a threatened species 

19 under section 4 of the Endangered Species Act of 

20 1973 (16 U.S.C. 1533). 

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

22 Federal law shall be construed to require that any south23 ern sea otter located within the Southern Sea Otter Mili24 tary Readiness Areas be removed from the Areas. 


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

2 The Secretary of the Interior may revise or terminate the 

3 application of subsection (b) if the Secretary of the Inte4 rior, in consultation with the Secretary of the Navy, deter5 mines that military activities occurring in the Southern 

6 Sea Otter Military Readiness Areas are impeding the 

7 southern sea otter conservation or the return of southern 

8 sea otters to optimum sustainable population levels. 

9 ‘‘(e) MONITORING.— 

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

11 shall conduct monitoring and research within the 

12 Southern Sea Otter Military Readiness Areas to de13 termine the effects of military readiness activities on 

14 the growth or decline of the southern sea otter popu15 lation and on the near-shore ecosystem. Monitoring 

16 and research parameters and methods shall be deter17 mined in consultation with the Service. 

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

19 after the date of the enactment of this section and 

20 every three years thereafter, the Secretary of the 

21 Navy shall report to Congress and the public on 

22 monitoring undertaken pursuant to paragraph (1). 

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


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1 ‘‘(1) SOUTHERN SEA OTTER.—The term ‘south2 ern sea otter’ means any member of the subspecies 

3 Enhydra lutris nereis. 

4 ‘‘(2) TAKE.—The term ‘take’— 

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

6 subject to regulation by the Endangered Species 

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

8 have the meaning given such term in that Act; 

9 and 

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

11 subject to regulation by the Marine Mammal 

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

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

14 that Act. 

15 ‘‘(3) INCIDENTAL TAKING.—The term ‘inci16 dental taking’ means any take of a southern sea 

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

18 the carrying out of an otherwise lawful activity. 

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

20 term ‘military readiness activity’ has the meaning 

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

22 National Defense Authorization Act for Fiscal Year 

23 2003 (16 U.S.C. 703 note) and includes all training 

24 and operations of the armed forces that relate to 

25 combat and the adequate and realistic testing of 


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1 military equipment, vehicles, weapons, and sensors 

2 for proper operation and suitability for combat use. 

3 ‘‘(5) OPTIMUM SUSTAINABLE POPULATION.— 

4 The term ‘optimum sustainable population’ means, 

5 with respect to any population stock, the number of 

6 animals that will result in the maximum productivity 

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

8 carrying capacity of the habitat and the health of 

9 the ecosystem of which they form a constituent ele10 ment.’’. 

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

12 at the beginning of such chapter is amended by adding 

13 at the end the following new item: 

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

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

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

16 SEC. 316. ENVIRONMENTAL RESTORATION AT FORMER 

17 NAVAL AIR STATION, CHINCOTEAGUE, VIR18 GINIA. 

19 (a) ENVIRONMENTAL RESTORATION PROJECT.— 

20 Notwithstanding the administrative jurisdiction of the Ad21 ministrator of the National Aeronautics and Space Admin22 istration over the Wallops Flight Facility, Virginia, the 

23 Secretary of Defense may undertake an environmental 

24 restoration project in a manner consistent with chapter 

25 160 of title 10, United States Code, at the property constiVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 tuting that facility in order to provide necessary response 

2 actions for contamination from a release of a hazardous 

3 substance or a pollutant or contaminant that is solely at4 tributable to the activities of the Department of Defense 

5 at the time the property was under the administrative ju6 risdiction of the Secretary of the Navy or used by the 

7 Navy pursuant to a permit or license issued by the Na8 tional Aeronautics and Space Administration in the area 

9 formerly known as the Naval Air Station Chincoteague, 

10 Virginia. Any such project may be undertaken jointly or 

11 in conjunction with an environmental restoration project 

12 of the Administrator. 

13 (b) INTERAGENCY AGREEMENT.—The Secretary and 

14 the Administrator may enter into an agreement or agree15 ments to provide for the effective and efficient perform16 ance of environmental restoration projects for purposes of 

17 subsection (a). Notwithstanding section 2215 of title 10, 

18 United States Code, any such agreement may provide for 

19 environmental restoration projects conducted jointly or by 

20 one agency on behalf of the other or both agencies and 

21 for reimbursement of the agency conducting the project 

22 by the other agency for that portion of the project for 

23 which the reimbursing agency has authority to respond. 

24 (c) SOURCE OF DEPARTMENT OF DEFENSE

25 FUNDS.—Pursuant to section 2703(c) of title 10, United 


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1 States Code, the Secretary may use funds available in the 

2 Environmental Restoration, Formerly Used Defense Sites, 

3 account of the Department of Defense for environmental 

4 restoration projects conducted for or by the Secretary 

5 under subsection (a) and for reimbursable agreements en6 tered into under subsection (b). 

7 TITLE IV—MILITARY 

8 PERSONNEL AUTHORIZATIONS 

9 Subtitle A—Active Forces 

10 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

11 The armed forces are authorized strengths for active 

12 duty personnel as of September 30, 2015, as follows: 

13 (1) The Army, 490,000. 

14 (2) The Navy, 323,600. 

15 (3) The Marine Corps, 184,100. 

16 (4) The Air Force, 310,900. 

17 Subtitle B—Reserve Forces 

18 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

19 (a) IN GENERAL.—The armed forces are authorized 

20 strengths for Selected Reserve personnel of the reserve 

21 components as of September 30, 2015, as follows: 

22 (1) The Army National Guard of the United 

23 States, 350,200. 

24 (2) The Army Reserve, 202,000. 

25 (3) The Navy Reserve, 57,300. 


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1 (4) The Marine Corps Reserve, 39,200. 

2 (5) The Air National Guard of the United 

3 States, 105,000. 

4 (6) The Air Force Reserve, 67,100. 

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

6 (b) END STRENGTH REDUCTIONS.—The end 

7 strengths prescribed by subsection (a) for the Selected Re8 serve of any reserve component shall be proportionately 

9 reduced by— 

10 (1) the total authorized strength of units orga11 nized to serve as units of the Selected Reserve of 

12 such component which are on active duty (other 

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

14 (2) the total number of individual members not 

15 in units organized to serve as units of the Selected 

16 Reserve of such component who are on active duty 

17 (other than for training or for unsatisfactory partici18 pation in training) without their consent at the end 

19 of the fiscal year. 

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

21 individual members of the Selected Reserve for any reserve 

22 component are released from active duty during any fiscal 

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

24 the Selected Reserve of such reserve component shall be 

25 increased proportionately by the total authorized strengths 


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

2 members. 

3 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

4 DUTY IN SUPPORT OF THE RESERVES. 

5 Within the end strengths prescribed in section 

6 411(a), the reserve components of the armed forces are 

7 authorized, as of September 30, 2015, the following num8 ber of Reserves to be serving on full-time active duty or 

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

10 Guard, for the purpose of organizing, administering, re11 cruiting, instructing, or training the reserve components: 

12 (1) The Army National Guard of the United 

13 States, 31,385. 

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

15 (3) The Navy Reserve, 9,973. 

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

17 (5) The Air National Guard of the United 

18 States, 14,704. 

19 (6) The Air Force Reserve, 2,830. 

20 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

21 (DUAL STATUS). 

22 The minimum number of military technicians (dual 

23 status) as of the last day of fiscal year 2015 for the re24 serve components of the Army and the Air Force (notwithVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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

2 be the following: 

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

4 States, 27,210. 

5 (2) For the Army Reserve, 7,895. 

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

7 States, 21,792. 

8 (4) For the Air Force Reserve, 9,789. 

9 SEC. 414. FISCAL YEAR 2015 LIMITATION ON NUMBER OF 

10 NON-DUAL STATUS TECHNICIANS. 

11 (a) LIMITATIONS.— 

12 (1) NATIONAL GUARD.—Within the limitation 

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

14 States Code, the number of non-dual status techni15 cians employed by the National Guard as of Sep16 tember 30, 2015, may not exceed the following: 

17 (A) For the Army National Guard of the 

18 United States, 1,600. 

19 (B) For the Air National Guard of the 

20 United States, 350. 

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

22 status technicians employed by the Army Reserve as 

23 of September 30, 2015, may not exceed the number 

24 in effect for the Army Reserve under section 

25 10217(c)(1) of title 10, United States Code. 


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

3 Reserve as of September 30, 2015, may not exceed 

4 90. 

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

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

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

8 United States Code. 

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

11 OPERATIONAL SUPPORT. 

12 During fiscal year 2015, the maximum number of 

13 members of the reserve components of the armed forces 

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

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

16 States Code, is the following: 

17 (1) The Army National Guard of the United 

18 States, 17,000. 

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

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

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

22 (5) The Air National Guard of the United 

23 States, 16,000. 

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


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1 SEC. 416. MANAGEMENT OF MILITARY TECHNICIANS. 

2 (a) DESIGNATION OF NON-DUAL STATUS TECHNI3 CIAN POSITIONS.—Subsection (a) of section 10217 of title 

4 10, United States Code, is amended— 

5 (1) in paragraph (1), by striking ‘‘a technician’’ 

6 and inserting ‘‘an employee of the Department of 

7 Defense’’; 

8 (2) by striking ‘‘or’’ at the end of paragraph 

9 (2); 

10 (3) by striking the period at the end of para11 graph (3) and inserting ‘‘; or’’; and 

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

13 paragraph: 

14 ‘‘(4) is serving in the Army Reserve in a posi15 tion designated by the Secretary of the Army to be 

16 filled by a non-dual status technician.’’. 

17 (b) REVISED LIMITATION ON NUMBER OF ARMY RE18 SERVE TECHNICIANS.—Subsection (c)(1) of such section 

19 is amended— 

20 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

21 (2) by designating the second sentence as sub22 paragraph (C); 

23 (3) by inserting after subparagraph (A), as des24 ignated by paragraph (1), the following new sub25 paragraph: 


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1 ‘‘(B) The total number of non-dual status technicians 

2 employed by the Army Reserve may not exceed 60 percent 

3 of the total number of military technicians employed by 

4 the Army Reserve.’’; and 

5 (4) in subparagraph (C), as designated by para6 graph (2), by striking ‘‘the preceding sentence’’ and 

7 inserting ‘‘subparagraph (A) or subparagraph (B), 

8 as the case may be’’. 

9 (c) LOSS OF STATUS AS A MILITARY TECHNICIAN

10 (DUAL STATUS).—Section 10218(a)(3) of such title is 

11 amended— 

12 (1) in subparagraph (A)(ii)— 

13 (A) by inserting ‘‘military’’ after ‘‘not a’’; 

14 and 

15 (B) by inserting ‘‘(dual status)’’ after 

16 ‘‘technician’’; and 

17 (2) in subparagraph (B), by inserting ‘‘in a po18 sition designated for military technician (dual sta19 tus)’’ after ‘‘non-dual status technician’’. 

20 Subtitle C—Authorization of 

21 Appropriations 

22 SEC. 421. MILITARY PERSONNEL. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 hereby authorized to be appropriated for military per25 sonnel for fiscal year 2015 a total of $128,957,593,000. 


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1 (b) CONSTRUCTION OF AUTHORIZATION.—The au2 thorization of appropriations in subsection (a) supersedes 

3 any other authorization of appropriations (definite or in4 definite) for such purpose for fiscal year 2015. 

5 TITLE V—MILITARY PERSONNEL 

6 POLICY 

7 Subtitle A—Officer Personnel 

8 Policy Generally 

9 SEC. 501. REPEAL OF REQUIREMENT FOR SUBMISSION TO 

10 CONGRESS OF ANNUAL REPORTS ON JOINT 

11 OFFICER MANAGEMENT AND PROMOTION 

12 POLICY OBJECTIVES FOR JOINT OFFICERS. 

13 (a) REPEAL OF ANNUAL REPORTS.— 

14 (1) JOINT OFFICER MANAGEMENT.—Section 

15 667 of title 10, United States Code, is repealed. 

16 (2) PROMOTION POLICY OBJECTIVES FOR JOINT

17 OFFICERS.—Section 662 of such title is amended— 

18 (A) by striking ‘‘(a) QUALIFICATIONS.—’’; 

19 and 

20 (B) by striking subsection (b). 

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

22 at the beginning of chapter 38 of such title is amended 

23 by striking the item relating to section 667. 


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1 SEC. 502. AUTHORITY TO LIMIT CONSIDERATION FOR 

2 EARLY RETIREMENT BY SELECTIVE RETIRE3 MENT BOARDS TO PARTICULAR WARRANT 

4 OFFICER YEAR GROUPS AND SPECIALTIES. 

5 Section 581(d) of title 10, United States Code, is 

6 amended— 

7 (1) by redesignating paragraph (2) as para8 graph (3); 

9 (2) by designating the second sentence of para10 graph (1) as paragraph (2); and 

11 (3) in paragraph (2), as so designated— 

12 (A) by striking ‘‘the list shall include each’’ 

13 and inserting ‘‘the list shall include— 

14 ‘‘(A) the name of each’’; 

15 (B) by striking the period at the end and 

16 inserting ‘‘; or’’; and 

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

18 subparagraph: 

19 ‘‘(B) with respect to a group of warrant officers 

20 designated under subparagraph (A) who are in a 

21 particular grade and competitive category, only those 

22 warrant officers in that grade and competitive cat23 egory who are also in a particular year group or spe24 cialty, or any combination thereof determined by the 

25 Secretary.’’. 


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1 SEC. 503. AUTHORITY FOR THREE-MONTH DEFERRAL OF 

2 RETIREMENT FOR OFFICERS SELECTED FOR 

3 SELECTIVE EARLY RETIREMENT. 

4 (a) WARRANT OFFICERS.—Section 581(e) of title 10, 

5 United States Code, is amended— 

6 (1) by striking ‘‘90 days’’ and inserting ‘‘three 

7 months’’; and 

8 (2) by inserting after the first sentence the fol9 lowing new sentence: ‘‘An officer recommended for 

10 early retirement under this section, if approved for 

11 deferral, shall be retired on the date requested by 

12 the officer, and approved by the Secretary con13 cerned, which date shall be not later than the first 

14 day of the tenth calendar month beginning after the 

15 month in which the Secretary concerned approves 

16 the report of the board which recommended the offi17 cer for early retirement.’’. 

18 (b) OFFICERS ON THE ACTIVE-DUTY LIST.—Section 

19 638(b) of such title is amended— 

20 (1) in paragraph (1), by inserting before the pe21 riod at the end of subparagraph (B) the following: 

22 ‘‘, with such retirement under that section to be not 

23 later than the first day of the month beginning after 

24 the month in which the officer becomes qualified for 

25 retirement under that section, or on the first day of 

26 the seventh calendar month beginning after the 


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1 month in which the Secretary concerned approves 

2 the report of the board which recommended the offi3 cer for early retirement, whichever is later’’; and 

4 (2) in paragraph (3)— 

5 (A) by striking ‘‘90 days’’ and inserting 

6 ‘‘three months’’; and 

7 (B) by inserting after the first sentence 

8 the following new sentences: ‘‘An officer rec9 ommended for early retirement under subpara10 graph (b)(1)(A) or under section 638a of this 

11 title, if approved for deferral, shall be retired on 

12 the date requested by the officer, and approved 

13 by the Secretary concerned, which date shall be 

14 not later than the first day of the tenth cal15 endar month beginning after the month in 

16 which the Secretary concerned approves the re17 port of the board which recommended the offi18 cer for early retirement. The Secretary con19 cerned may defer the retirement of an officer 

20 otherwise approved for early retirement under 

21 subparagraph (b)(1)(B), but in no case later 

22 than the first day of the tenth calendar month 

23 beginning after the month in which the Sec24 retary concerned approves the report of the 

25 board which recommended the officer for early 


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1 retirement. An officer recommended for early 

2 retirement under subparagraph (b)(2), if ap3 proved for deferral, shall be retired on the date 

4 requested by the officer, and approved by the 

5 Secretary concerned, which date shall be not 

6 later than the first day of the thirteenth cal7 endar month beginning after the month in 

8 which the Secretary concerned approves the re9 port of the board which recommended the offi10 cer for early retirement.’’. 

11 Subtitle B—Reserve Component 

12 Management 

13 SEC. 511. RECONCILIATION OF CONTRADICTORY PROVI14 SIONS RELATING TO CITIZENSHIP QUALI15 FICATIONS FOR ENLISTMENT IN THE RE16 SERVE COMPONENTS OF THE ARMED 

17 FORCES. 

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

19 10, United States Code, are amended to read as follows: 

20 ‘‘(1) that person has met the citizenship or resi21 dency requirements established in section 504(b)(1) 

22 of this title; or 

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

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

25 title.’’. 


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1 SEC. 512. REPEAL OF REQUIREMENT FOR MEMBERSHIP IN 

2 SPECIFIC UNIT OF THE SELECTED RESERVE 

3 AS A CONDITION OF EMPLOYMENT AS A MILI4 TARY TECHNICIAN (DUAL STATUS). 

5 (a) REPEAL OF UNIT MEMBERSHIP REQUIRE6 MENT.—Section 10216 of title 10, United States Code, 

7 is amended by striking subsection (d). 

8 (b) CONFORMING AMENDMENT.—Subsection (g) of 

9 such section is amended by striking ‘‘subsection (d) of this 

10 section or’’. 

11 SEC. 513. RETENTION ON THE RESERVE ACTIVE-STATUS 

12 LIST FOLLOWING NONSELECTION FOR PRO13 MOTION OF CERTAIN HEALTH PROFESSIONS 

14 OFFICERS AND FIRST LIEUTENANTS AND 

15 LIEUTENANTS (JUNIOR GRADE) PURSUING 

16 BACCALAUREATE DEGREES. 

17 (a) RETENTION OF CERTAIN FIRST LIEUTENANTS

18 AND LIEUTENANTS (JUNIOR GRADE) FOLLOWING NON19 SELECTION FOR PROMOTION.—Subsection (a)(1) of sec20 tion 14701 of title 10, United States Code, is amended— 

21 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

22 (2) by striking ‘‘A reserve office of’’ and insert23 ing ‘‘A reserve officer of the Army, Navy, Air Force, 

24 or Marine Corps described in subparagraph (B) who 

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1 status list under section 14504 of this title, or a re2 serve officer of’’; 

3 (3) by inserting a comma after ‘‘14507 of this 

4 title’’; and 

5 (4) by adding at the end the following new sub6 paragraph: 

7 ‘‘(B) A reserve officer described in this subparagraph 

8 is a reserve officer of the Army, Air Force, or Marine 

9 Corps who holds the grade of first lieutenant, or a reserve 

10 officer of the Navy who holds the grade of lieutenant (jun11 ior grade), who— 

12 ‘‘(i) is a health professions officer; or 

13 ‘‘(ii) is actively pursuing an undergraduate pro14 gram of education leading to a baccalaureate de15 gree.’’. 

16 (b) RETENTION OF HEALTH PROFESSIONS OFFI17 CERS.—Such section is further amended— 

18 (1) by redesignating subsection (b) as sub19 section (c); and 

20 (2) by inserting after subsection (a) the fol21 lowing new subsection (b): 

22 ‘‘(b) CONTINUATION OF HEALTH PROFESSIONS OF23 FICERS.—(1) Notwithstanding subsection (a)(6), a health 

24 professions officer obligated to a period of service incurred 

25 under section 16201 of this title who is required to be 


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1 removed from the reserve active-status list under section 

2 14504, 14505, 14506, or 14507 of this title and who has 

3 not completed a service obligation incurred under section 

4 16201 shall be retained on the reserve active-status list 

5 until the completion of such service obligation and then 

6 discharged, unless sooner retired or discharged under an7 other provision of law. 

8 ‘‘(2) The Secretary concerned may waive the applica9 bility of paragraph (1) to any officer if the Secretary de10 termines that completion of the service obligation of that 

11 officer is not in the best interest of the service. 

12 ‘‘(3) A health professions officer who is continued on 

13 the reserve active-status list under this subsection who is 

14 subsequently promoted or whose name is on a list of offi15 cers recommended for promotion to the next higher grade 

16 is not required to be discharged or retired upon completion 

17 of the officer’s service obligation. Such officer may con18 tinue on the reserve active-status list as other officers of 

19 the same grade unless separated under another provision 

20 of law.’’. 


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1 Subtitle C—Member Education and 

2 Training 

3 SEC. 521. INTER-EUROPEAN AIR FORCES ACADEMY. 

4 (a) IN GENERAL.—Chapter 907 of title 10, United 

5 States Code, is amended by inserting after section 9415 

6 the following new section: 

7 ‘‘§ 9416. Inter-European Air Forces Academy 

8 ‘‘(a) OPERATION.—The Secretary of the Air Force 

9 may operate the Air Force education and training facility 

10 known as the Inter-European Air Forces Academy for the 

11 purpose of providing military education and training to 

12 military personnel of countries that are members of the 

13 North Atlantic Treaty Organization or signatories to the 

14 Partnership for Peace Framework Documents, and other 

15 countries eligible for assistance under chapter 5 of part 

16 II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 

17 et seq.). 

18 ‘‘(b) ELIGIBLE COUNTRIES.— 

19 ‘‘(1) No foreign force may be trained under the 

20 authority of this section without the concurrence of 

21 the Secretary of State. 

22 ‘‘(2) The Secretary of the Air Force may not 

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1 ited from receiving such type of assistance under 

2 any other provision of law. 

3 ‘‘(c) COSTS.—The costs of operating and maintaining 

4 the Inter-European Air Forces Academy may be paid from 

5 funds available for operation and maintenance of the Air 

6 Force. 

7 ‘‘(d) SUPPLIES AND CLOTHING.—The Secretary of 

8 the Air Force may, under such conditions as the Secretary 

9 may prescribe, provide to a person receiving training 

10 under this chapter— 

11 ‘‘(1) transportation incident to the training; 

12 ‘‘(2) supplies and equipment to be used during 

13 the training; and 

14 ‘‘(3) billeting, food, and health services. 

15 ‘‘(e) LIVING ALLOWANCE.—The Secretary of the Air 

16 Force may pay to a person receiving training under this 

17 chapter a living allowance at a rate to be prescribed by 

18 the Secretary, taking into account the amount of living 

19 allowances authorized for a member of the armed forces 

20 under similar circumstances. 

21 ‘‘(f) MAINTENANCE.—The Secretary of the Air Force 

22 may authorize such expenditures from the appropriations 

23 of the Air Force as the Secretary considers necessary for 

24 the efficient and effective maintenance of the Program in 

25 accordance with this chapter.’’. 


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

2 at the beginning of such chapter is amended by inserting 

3 after the item relating to section 9415 the following new 

4 item: 

‘‘9416. Inter-European Air Forces Academy.’’. 

5 SEC. 522. AUTHORITY FOR JOINT SPECIAL OPERATIONS 

6 UNIVERSITY TO AWARD DEGREES. 

7 (a) IN GENERAL.—Chapter 108 of title 10, United 

8 States Code, is amended by inserting after section 2163 

9 the following new section: 

10 ‘‘§ 2163a. Degree granting authority for Joint Special 

11 Operations University 

12 ‘‘(a) AUTHORITY.—Under regulations prescribed by 

13 the Secretary of Defense, the President of the Joint Spe14 cial Operations University may, upon the recommendation 

15 of the faculty of the Joint Special Operations University, 

16 confer appropriate degrees upon graduates who meet the 

17 degree requirements. 

18 ‘‘(b) LIMITATION.—A degree may not be conferred 

19 under this section unless— 

20 ‘‘(1) the Secretary of Education has rec21 ommended approval of the degree in accordance with 

22 the Federal Policy Governing Granting of Academic 

23 Degrees by Federal Agencies; and 

24 ‘‘(2) the Joint Special Operations University is 

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1 crediting agency or organization to award the de2 gree, as determined by the Secretary of Education.’’. 

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

4 at the beginning of such chapter is amended by inserting 

5 after the item relating to section 2163 the following new 

6 item: 

‘‘2163a. Degree granting authority for Joint Special Operations University.’’. 

7 SEC. 523. DURATION OF FOREIGN AND CULTURAL EX8 CHANGE ACTIVITIES AT MILITARY SERVICE 

9 ACADEMIES. 

10 (a) MILITARY ACADEMY.—Section 4345a(a) of title 

11 10, United States Code, is amended by striking ‘‘two 

12 weeks’’ and inserting ‘‘four weeks’’. 

13 (b) NAVAL ACADEMY.—Section 6957b(a) of such title 

14 is amended by striking ‘‘two weeks’’ and inserting ‘‘four 

15 weeks’’. 

16 (c) AIR FORCE ACADEMY.—Section 9345a(a) of such 

17 title is amended by striking ‘‘two weeks’’ and inserting 

18 ‘‘four weeks’’. 

19 SEC. 524. ENHANCEMENT OF AUTHORITY TO ACCEPT SUP20 PORT FOR AIR FORCE ACADEMY ATHLETIC 

21 PROGRAMS. 

22 Section 9362 of title 10, United States Code, is 

23 amended by striking subsections (e), (f), and (g) and in24 serting the following new subsections: 

25 ‘‘(e) ACCEPTANCE OF SUPPORT.— 


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1 ‘‘(1) SUPPORT RECEIVED FROM THE CORPORA2 TION.—Notwithstanding section 1342 of title 31, the 

3 Secretary of the Air Force may accept from the cor4 poration funds, supplies, equipment, and services for 

5 the support of the athletic programs of the Acad6 emy. 

7 ‘‘(2) FUNDS RECEIVED FROM OTHER

8 SOURCES.—The Secretary may charge fees for the 

9 support of the athletic programs of the Academy. 

10 The Secretary may accept and retain fees for serv11 ices and other benefits provided incident to the oper12 ation of its athletic programs, including fees from 

13 the National Collegiate Athletic Association, fees 

14 from athletic conferences, game guarantees from 

15 other educational institutions, fees for ticketing or li16 censing, and other consideration provided incidental 

17 to the execution of the athletic programs of the 

18 Academy. 

19 ‘‘(3) LIMITATION.—The Secretary shall ensure 

20 that contributions accepted under this subsection do 

21 not reflect unfavorably on the ability of the Depart22 ment of the Air Force, any of its employees, or any 

23 member of the armed forces to carry out any respon24 sibility or duty in a fair and objective manner, or 

25 compromise the integrity or appearance of integrity 


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1 of any program of the Department of the Air Force, 

2 or any individual involved in such a program. 

3 ‘‘(f) LEASES AND LICENSES.— 

4 ‘‘(1) The Secretary may, in accordance with 

5 section 2667 of this title, enter into leases or li6 censes with the corporation for the purpose of sup7 porting the athletic programs of the Academy. Con8 sideration provided under such a lease or license 

9 may be provided in the form of funds, supplies, 

10 equipment, and services for the support of the ath11 letic programs of the Academy. 

12 ‘‘(2) The Secretary may provide support serv13 ices to the corporation without charge while the cor14 poration conducts its support activities at the Acad15 emy. In this section, the term ‘support services’ in16 cludes the providing of utilities, office furnishings 

17 and equipment, communications services, records 

18 staging and archiving, audio and video support, and 

19 security systems in conjunction with the leasing or 

20 licensing of property. Any such support services may 

21 only be provided without any liability of the United 

22 States to the corporation. 

23 ‘‘(g) CONTRACTS AND COOPERATIVE AGREE24 MENTS.—The Secretary may enter into contracts and co25 operative agreements with the corporation for the purpose 


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1 of supporting the athletic programs of the Academy. Not2 withstanding section 2304(k) of this title, the Secretary 

3 may enter such contracts or cooperative agreements on a 

4 sole source basis pursuant to section 2304(c)(5) of this 

5 title. Notwithstanding chapter 63 of title 31, a cooperative 

6 agreement under this section may be used to acquire prop7 erty, services, or travel for the direct benefit or use of the 

8 Academy athletic programs. 

9 ‘‘(h) TRADEMARKS AND SERVICE MARKS.— 

10 ‘‘(1) LICENSING, MARKETING, AND SPONSOR11 SHIP AGREEMENTS.—An agreement under sub12 section (g) may, consistent with section 2260 (other 

13 than subsection (d)) of this title, authorize the cor14 poration to enter into licensing, marketing, and 

15 sponsorship agreements relating to trademarks and 

16 service marks identifying the Academy, subject to 

17 the approval of the Secretary. 

18 ‘‘(2) LIMITATIONS.—No such licensing, mar19 keting, or sponsorship agreement may be entered 

20 into if it would reflect unfavorably on the ability of 

21 the Department of the Air Force, any of its employ22 ees, or any member of the armed forces to carry out 

23 any responsibility or duty in a fair and objective 

24 manner, or if the Secretary determines that the use 

25 of the trademark or service mark would compromise 


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1 the integrity or appearance of integrity of any pro2 gram of the Department of the Air Force, or any in3 dividual involved in such a program. 

4 ‘‘(i) RETENTION AND USE OF FUNDS.—Any funds 

5 received under this section may be retained for use in sup6 port of the athletic programs of the Academy and shall 

7 remain available until expended.’’. 

8 Subtitle D—Defense Dependents’ 

9 Education and Military Family 

10 Readiness Matters 

11 SEC. 531. EARLIER DETERMINATION OF DEPENDENT STA12 TUS WITH RESPECT TO TRANSITIONAL COM13 PENSATION FOR DEPENDENTS OF MEMBERS 

14 SEPARATED FOR DEPENDENT ABUSE. 

15 Subsection (d)(4) of section 1059 of title 10, United 

16 States Code, is amended by striking ‘‘as of the date on 

17 which the individual described in subsection (b) is sepa18 rated from active duty’’ and inserting ‘‘as of the date on 

19 which the separation action is initiated by a commander 

20 of the individual described in subsection (b)’’. 


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1 SEC. 532. AUTHORITY TO EMPLOY NON-UNITED STATES 

2 CITIZENS AS TEACHERS IN DEPARTMENT OF 

3 DEFENSE OVERSEAS DEPENDENTS’ SCHOOL 

4 SYSTEM. 

5 Section 2(2)(A) of the Defense Department Overseas 

6 Teachers Pay and Personnel Practices Act (20 U.S.C. 

7 901(2)(A)) is amended by inserting ‘‘or a local national 

8 who teaches a host nation language course’’ after ‘‘who 

9 is a citizen of the United States’’. 

10 SEC. 533. EXPANSION OF THE FUNCTION OF THE ADVISORY 

11 COUNCIL ON DEPENDENTS’ EDUCATION TO 

12 INCLUDE THE DOMESTIC DEPENDENT ELE13 MENTARY AND SECONDARY SCHOOLS. 

14 (a) EXPANSION OF FUNCTIONS.—Subsection (c) of 

15 section 1411 of the Defense Dependents’ Education Act 

16 of 1978 (20 U.S.C. 929) is amended— 

17 (1) in paragraph (1), by inserting ‘‘, and of the 

18 domestic dependent elementary and secondary school 

19 system established under section 2164 of title 10, 

20 United States Code,’’ after ‘‘of the defense depend21 ents’ education system’’; and 

22 (2) in paragraph (2), by inserting ‘‘and in the 

23 domestic dependent elementary and secondary school 

24 system’’ before the comma at the end. 

25 (b) MEMBERSHIP OF COUNCIL.—Subsection 

26 (a)(1)(B) of such section is amended— 


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1 (1) by inserting ‘‘and the domestic dependent 

2 elementary and secondary schools established under 

3 section 2164 of title 10, United States Code’’ after 

4 ‘‘the defense dependents’ education system’’; and 

5 (2) by inserting ‘‘either’’ before ‘‘such system’’. 

6 Subtitle E—Other Matters 

7 SEC. 541. PROCEDURES FOR JUDICIAL REVIEW OF MILI8 TARY PERSONNEL DECISIONS RELATING TO 

9 CORRECTION OF MILITARY RECORDS. 

10 (a) AVAILABILITY OF JUDICIAL REVIEW; LIMITA11 TIONS.— 

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

13 United States Code, is amended by adding at the 

14 end the following new section: 

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

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

18 ‘‘(1) IN GENERAL.—Pursuant to sections 1346 

19 and 1491 of title 28 and chapter 7 of title 5, any 

20 person adversely affected by a records correction 

21 final decision may obtain judicial review of the deci22 sion in a court with jurisdiction to hear the matter. 

23 ‘‘(2) RECORDS CORRECTION FINAL DECISION

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1 tion final decision’ means any of the following deci2 sions: 

3 ‘‘(A) A final decision issued by the Sec4 retary concerned pursuant to section 1552 of 

5 this title. 

6 ‘‘(B) A final decision issued by the Sec7 retary of a military department or the Sec8 retary of Homeland Security pursuant to sec9 tion 1034(g) of this title. 

10 ‘‘(C) A final decision issued by the Sec11 retary of Defense pursuant to section 1034(h) 

12 of this title. 

13 ‘‘(D) A final decision issued by the Sec14 retary concerned pursuant to section 1554a of 

15 this title. 

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

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

19 paragraphs (3) and (4), judicial review of a matter 

20 that could be subject to correction under a provision 

21 of law specified in subsection (a)(2) may not be ob22 tained under this section or any other provision of 

23 law unless— 

24 ‘‘(A) the petitioner has requested a correc25 tion under sections 1552 or 1554a of this title 


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1 (including such a request in a matter arising 

2 under section 1034 of this title); and 

3 ‘‘(B) the Secretary concerned has rendered 

4 a final decision denying that correction in whole 

5 or in part. 

6 ‘‘(2) WHISTLEBLOWER CASES.—When the final 

7 decision of the Secretary concerned is subject to re8 view by the Secretary of Defense under section 

9 1034(h) of this title, the petitioner is not required 

10 to seek such review before obtaining judicial review, 

11 but if the petitioner seeks such review, judicial re12 view may not be sought until the earlier of the fol13 lowing occurs: 

14 ‘‘(A) The Secretary of Defense makes a 

15 decision in the matter. 

16 ‘‘(B) The period specified in section 

17 1034(h) of this title for the Secretary to make 

18 a decision in the matter expires. 

19 ‘‘(3) CLASS ACTIONS.—If judicial review of a 

20 records correction final decision is sought, and the 

21 petitioner for such judicial review also seeks to bring 

22 a class action with respect to a matter for which the 

23 petitioner requested a correction under section 1552 

24 of this title (including a request in a matter arising 

25 under section 1034 of this title) and the court issues 


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1 an order certifying a class in the case, paragraphs 

2 (1) and (2) do not apply to any member of the cer3 tified class (other than the petitioner) with respect 

4 to any matter covered by a claim for which the class 

5 is certified. 

6 ‘‘(4) TIMELINESS.—Paragraph (1) shall not 

7 apply if the records correction final decision of the 

8 Secretary concerned is not issued by the date that 

9 is 18 months after the date on which the petitioner 

10 requests a correction. 

11 ‘‘(c) STATUTES OF LIMITATION.— 

12 ‘‘(1) SIX YEARS FROM FINAL DECISION.—A 

13 records correction final decision (other than in a 

14 matter to which paragraph (2) applies) is not sub15 ject to judicial review under this section or otherwise 

16 subject to review in any court unless petition for 

17 such review is filed in a court not later than six 

18 years after the date of the records correction final 

19 decision. 

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

21 MAY RESULT IN PAYMENT OF MONEY.—(A) In a 

22 case of a records correction final decision described 

23 in subparagraph (B), the records correction final de24 cision (or the portion of such decision described in 

25 such subparagraph) is not subject to judicial review 


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1 under this section or otherwise subject to review in 

2 any court unless petition for such review is filed in 

3 a court before the end of the six-year period that 

4 began on the date of discharge, retirement, release 

5 from active duty, or death while on active duty, of 

6 the person whose military records are the subject of 

7 the correction request. Such period does not include 

8 any time between the date of the filing of the re9 quest for correction of military records leading to 

10 the records correction final decision and the date of 

11 the final decision. 

12 ‘‘(B) Subparagraph (A) applies to a records 

13 correction final decision or portion of the decision 

14 that involves a denial of a claim that, if relief were 

15 to be granted by the court, would support, or result 

16 in, the payment of money either under a court order 

17 or under a subsequent administrative determination, 

18 other than payments made under— 

19 ‘‘(i) chapter 61 of this title to a claimant 

20 who prior to such records correction final deci21 sion, was not the subject of a decision by a 

22 physical evaluation board or by any other board 

23 authorized to grant disability payments to the 

24 claimant; or 

25 ‘‘(ii) chapter 73 of this title. 


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1 ‘‘(d) HABEAS CORPUS.—This section does not affect 

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

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter is amended 

5 by adding at the end the following new item: 

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

6 (b) EFFECT OF DENIAL OF REQUEST FOR CORREC7 TION OF RECORDS WHEN PROHIBITED PERSONNEL AC8 TION ALLEGED.— 

9 (1) NOTICE OF DENIAL; PROCEDURES FOR JU10 DICIAL REVIEW.—Subsection (g) of section 1034 of 

11 such title is amended by adding at the end the fol12 lowing new paragraph: 

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

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

15 of any requested correction of the record of the member 

16 or former member, the Secretary concerned shall provide 

17 the member or former member— 

18 ‘‘(A) a concise written statement of the basis 

19 for the decision; and 

20 ‘‘(B) a notification of the availability of judicial 

21 review of the decision pursuant to section 1560 of 

22 this title and the time period for obtaining such re23 view in accordance with the applicable statute of lim24 itations.’’. 


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1 (2) SECRETARY OF DEFENSE REVIEW; NOTICE

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

3 amended— 

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

5 completion of all’’; and 

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

7 paragraph: 

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

9 Defense by the member or former member under para10 graph (1) must be made within 90 days of the receipt by 

11 the member or former member of the final decision of the 

12 Secretary of the military department concerned in the 

13 matter. In any case in which the final decision of the Sec14 retary of Defense results in denial, in whole or in part, 

15 of any requested correction of the record of the member 

16 or former member, the Secretary of Defense shall provide 

17 the member or former member— 

18 ‘‘(A) a concise written statement of the basis 

19 for the decision; and 

20 ‘‘(B) a notification of the availability of judicial 

21 review of the decision pursuant to section 1560 of 

22 this title and the time period for obtaining such re23 view in accordance with the applicable statute of lim24 itations.’’. 


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

2 section is further amended— 

3 (A) by redesignating subsections (i) and (j) 

4 as subsections (j) and (k), respectively; and 

5 (B) by inserting after subsection (h) the 

6 following new subsection (i): 

7 ‘‘(i) JUDICIAL REVIEW.—(1) A decision of the Sec8 retary of Defense under subsection (h) shall be subject to 

9 judicial review only as provided in section 1560 of this 

10 title. 

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

12 Defense under subsection (h) was not sought, a decision 

13 of the Secretary of a military department under subsection 

14 (g) shall be subject to judicial review only as provided in 

15 section 1560 of this title. 

16 ‘‘(3) A decision by the Secretary of Homeland Secu17 rity under subsection (g) shall be subject to judicial review 

18 only as provided in section 1560 of this title.’’. 

19 (c) EFFECT OF DENIAL OF OTHER REQUESTS FOR

20 CORRECTION OF MILITARY RECORDS.—Section 1552 of 

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

22 new subsections: 

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

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


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1 of any requested correction, the Secretary concerned shall 

2 provide the claimant— 

3 ‘‘(1) a concise written statement of the basis for 

4 the decision; and 

5 ‘‘(2) a notification of the availability of judicial 

6 review of the decision pursuant to section 1560 of 

7 this title and the time period for obtaining such re8 view in accordance with the applicable statute of lim9 itations. 

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

11 section shall be subject to judicial review only as provided 

12 in section 1560 of this title.’’. 

13 (d) JUDICIAL REVIEW OF CORRECTIONS REC14 OMMENDED BY THE PHYSICAL DISABILITY BOARD OF

15 REVIEW.—Section 1554a of such title is amended— 

16 (1) by redesignating subsection (f) as sub17 section (h); and 

18 (2) by inserting after subsection (e) the fol19 lowing new subsections (f) and (g): 

20 ‘‘(f) RECORD OF DECISION AND NOTIFICATION.—In 

21 any case in which the final decision of the Secretary con22 cerned results in denial, in whole or in part, of any re23 quested correction of the record of the member or former 

24 member, the Secretary shall provide to the member or 

25 former member— 


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1 ‘‘(1) a concise written statement of the basis for 

2 the decision; and 

3 ‘‘(2) a notification of the availability of judicial 

4 review of the decision pursuant to section 1560 of 

5 this title and the time period for obtaining such re6 view in accordance with the applicable statute of lim7 itations. 

8 ‘‘(g) JUDICIAL REVIEW.—A decision by the Secretary 

9 concerned under this section shall be subject to judicial 

10 review only as provided in section 1560 of this title.’’. 

11 (e) EFFECTIVE DATE AND APPLICATION.— 

12 (1) IN GENERAL.—The amendments made by 

13 this section shall take effect on January 1, 2016, 

14 and shall apply to all final decisions of the Secretary 

15 of Defense under section 1034(h) of title 10, United 

16 States Code, and of the Secretary of a military de17 partment and the Secretary of Homeland Security 

18 under sections 1034(g), 1552 or 1554a of such title 

19 rendered on or after such date. 

20 (2) TREATMENT OF EXISTING CASES.—This 

21 section and the amendments made by this section do 

22 not affect the authority of any court to exercise ju23 risdiction over any case that was properly before the 

24 court before the effective date specified in paragraph 

25 (1). 


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1 (f) IMPLEMENTATION.—The Secretary of a military 

2 department and the Secretary of Homeland Security (in 

3 the case of the Coast Guard when it is not operating as 

4 a service in the Department of the Navy) may prescribe 

5 regulations, and interim guidance before prescribing such 

6 regulations, to implement the amendments made by this 

7 section. Regulations or interim guidance prescribed by the 

8 Secretary of a military department may not take effect 

9 until approved by the Secretary of Defense. 

10 SEC. 542. ENHANCED ROLE FOR DEPARTMENT OF JUSTICE 

11 UNDER MILITARY LENDING ACT. 

12 (a) ENFORCEMENT BY THE ATTORNEY GENERAL.— 

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

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

15 paragraph: 

16 ‘‘(7) ENFORCEMENT BY THE ATTORNEY GEN17 ERAL.— 

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

19 may commence a civil action in any appropriate 

20 district court of the United States against any 

21 person who— 

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

23 of violating this section; or 


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1 ‘‘(ii) engages in a violation of this sec2 tion that raises an issue of general public 

3 importance. 

4 ‘‘(B) RELIEF.—In a civil action com5 menced under subparagraph (A), the court— 

6 ‘‘(i) may grant any appropriate equi7 table or declaratory relief with respect to 

8 the violation of this section; 

9 ‘‘(ii) may award all other appropriate 

10 relief, including monetary damages, to any 

11 person aggrieved by the violation; and 

12 ‘‘(iii) may, to vindicate the public in13 terest, assess a civil penalty— 

14 ‘‘(I) in an amount not exceeding 

15 $110,000 for a first violation; and 

16 ‘‘(II) in an amount not exceeding 

17 $220,000 for any subsequent viola18 tion. 

19 ‘‘(C) INTERVENTION.—Upon timely appli20 cation, a person aggrieved by a violation of this 

21 section with respect to which the civil action is 

22 commenced may intervene in such action, and 

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1 graph (5) with respect to that violation, along 

2 with costs and a reasonable attorney fee. 

3 ‘‘(D) ISSUANCE AND SERVICE OF CIVIL IN4 VESTIGATIVE DEMANDS.—Whenever the Attor5 ney General, or a designee, has reason to be6 lieve that any person may be in possession, cus7 tody, or control of any documentary material 

8 relevant to an investigation under this section, 

9 the Attorney General, or a designee, may, be10 fore commencing a civil action under subpara11 graph (A), issue in writing and cause to be 

12 served upon such person, a civil investigative 

13 demand requiring— 

14 ‘‘(i) the production of such documen15 tary material for inspection and copying; 

16 ‘‘(ii) that the custodian of such docu17 mentary material answer in writing written 

18 questions with respect to such documen19 tary material; or 

20 ‘‘(iii) the production of any combina21 tion of such documentary material or an22 swers. 

23 ‘‘(E) RELATIONSHIP TO FALSE CLAIMS

24 ACT.—The statutory provisions governing the 

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1 tigative demands under section 3733 of title 31 

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

3 the authority to issue, use, and enforce civil in4 vestigative demands under subparagraph (D), 

5 except that— 

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

7 false claims law investigators or investiga8 tions shall be applied for purposes of sub9 paragraph (D) as referring to investigators 

10 or investigations under this section; 

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

12 interrogatories shall be applied for pur13 poses of subparagraph (D) as referring to 

14 written questions and answers to such 

15 need not be under oath; 

16 ‘‘(iii) the statutory definitions for pur17 poses of that section relating to ‘false 

18 claims law’ shall not apply; and 

19 ‘‘(iv) provisions of that section relat20 ing to qui tam relators shall not apply.’’. 

21 (b) CONSULTATION WITH DEPARTMENT OF JUS22 TICE.—Subsection (h)(3) of such section is amended by 

23 adding at the end the following new subparagraph: 

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


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1 SEC. 543. ENFORCEMENT OF RIGHTS UNDER CHAPTER 43 

2 OF TITLE 38, UNITED STATES CODE, WITH RE3 SPECT TO A STATE OR PRIVATE EMPLOYER. 

4 (a) ACTION FOR RELIEF.— 

5 (1) INITIATION OF ACTIONS.—Paragraph (1) of 

6 subsection (a) of section 4323 of title 38, United 

7 States Code, is amended by striking the third sen8 tence and inserting the following new sentences: ‘‘If 

9 the Attorney General is reasonably satisfied that the 

10 person on whose behalf the complaint is referred is 

11 entitled to the rights or benefits sought, the Attor12 ney General may commence an action for relief 

13 under this chapter. The person on whose behalf the 

14 complaint is referred may, upon timely application, 

15 intervene in such action and may obtain such appro16 priate relief as provided in subsections (d) and (e).’’. 

17 (2) ATTORNEY GENERAL NOTICE TO SERVICE18 MEMBER OF DECISION.—Paragraph (2) of such sub19 section is amended to read as follows: 

20 ‘‘(2)(A) Not later than 60 days after the date the 

21 Attorney General receives a referral under paragraph (1), 

22 the Attorney General shall transmit, in writing, to the per23 son on whose behalf the complaint is submitted— 

24 ‘‘(i) if the Attorney General has made a deci25 sion about whether the United States will commence 

26 an action for relief under paragraph (1) relating to 


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1 the complaint of the person, notice of the decision; 

2 and 

3 ‘‘(ii) if the Attorney General has not made such 

4 a decision, notice of when the Attorney General ex5 pects to make such a decision. 

6 ‘‘(B) If the Attorney General notifies a person of 

7 when the Attorney General expects to make a decision 

8 under subparagraph (A)(ii), the Attorney General shall, 

9 not later than 30 days after the date on which the Attor10 ney General makes such decision, notify, in writing, the 

11 person of such decision.’’. 

12 (3) PATTERN OR PRACTICE CASES.—Such sub13 section is further amended— 

14 (A) by redesignating paragraph (3) as 

15 paragraph (4); and 

16 (B) by inserting after paragraph (2) (as 

17 amended by paragraph (2) of this subsection) 

18 the following new paragraph (3): 

19 ‘‘(3) Whenever the Attorney General has reasonable 

20 cause to believe that a State (as an employer) or a private 

21 employer is engaged in a pattern or practice of resistance 

22 to the full enjoyment of any of the rights or benefits se23 cured by this chapter, the Attorney General may com24 mence an action under this chapter.’’. 


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1 (4) ACTIONS BY PRIVATE PERSONS.—Subpara2 graph (C) of paragraph (4) of such subsection, as 

3 redesignated by paragraph (3)(A), is amended by 

4 striking ‘‘refused’’ and all that follows and inserting 

5 ‘‘notified by the Department of Justice that the At6 torney General does not intend to bring a civil ac7 tion.’’. 

8 (b) SOVEREIGN IMMUNITY.—Paragraph (2) of sub9 section (b) of section 4323 of such title is amended to read 

10 as follows: 

11 ‘‘(2)(A) In the case of an action against a State (as 

12 an employer), any instrumentality of a State, or any offi13 cer or employee of a State or instrumentality of a State 

14 acting in that officer or employee’s official capacity, by 

15 any person, the action may be brought in the appropriate 

16 district court of the United States or in a State court of 

17 competent jurisdiction, and the State, instrumentality of 

18 the State, or officer or employee of the State or instrumen19 tality acting in that officer or employee’s official capacity 

20 shall not be immune under the Eleventh Amendment of 

21 the Constitution, or under any other doctrine of sovereign 

22 immunity, from such action. 

23 ‘‘(B)(i) No State, instrumentality of such State, or 

24 officer or employee of such State or instrumentality of 

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1 pacity, that receives or uses Federal financial assistance 

2 for a program or activity shall be immune, under the Elev3 enth Amendment of the Constitution or under any other 

4 doctrine of sovereign immunity, from suit in Federal or 

5 State court by any person for any violation under this 

6 chapter related to such program or activity. 

7 ‘‘(ii) In an action against a State brought pursuant 

8 to subsection (a), a court may award the remedies (includ9 ing remedies both at law and in equity) that are available 

10 under subsections (d) and (e).’’. 

11 (c) VENUE FOR CASES AGAINST PRIVATE EMPLOY12 ERS.—Subsection (c)(2) of such section is amended by 

13 striking ‘‘United States district court for any district in 

14 which the private employer of the person maintains a place 

15 of business.’’ and inserting ‘‘United States district court 

16 for— 

17 ‘‘(A) any district in which the employer main18 tains a place of business; 

19 ‘‘(B) any district in which a substantial part of 

20 the events or omissions giving rise to the claim oc21 curred; or 

22 ‘‘(C) if there is no district in which an action 

23 may otherwise be brought as provided in subpara24 graph (A) or (B), any district in which the employer 


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1 is subject to the court’s personal jurisdiction with re2 spect to such action.’’. 

3 (d) COMPENSATORY AND PUNITIVE DAMAGES.—Sub4 section (d)(1) of such section is amended by striking sub5 paragraph (C) and inserting the following new subpara6 graphs: 

7 ‘‘(C) The court may require the employer to 

8 pay the person compensatory damages suffered by 

9 reason of such employer’s failure to comply with the 

10 provisions of this chapter. 

11 ‘‘(D) The court may require the employer 

12 (other than a government, government agency, or 

13 political subdivision) to pay the person punitive dam14 ages if the court determines that the employer failed 

15 to comply with the provisions of this chapter with 

16 reckless indifference to the federally protected rights 

17 of the person. 

18 ‘‘(E) The sum of the amount of compensatory 

19 damages awarded under this section and the amount 

20 of punitive damages awarded under this section, may 

21 not exceed, for each person the following: 

22 ‘‘(i) In the case of an employer who has 

23 more than 14 and fewer than 101 employees in 

24 each of 20 or more calendar weeks in the cur25 rent or preceding calendar year, $50,000. 


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1 ‘‘(ii) In the case of an employer who has 

2 more than 100 and fewer than 201 employees 

3 in each of 20 or more calendar weeks in the 

4 current or preceding calendar year, $100,000. 

5 ‘‘(iii) In the case of an employer who has 

6 more than 200 and fewer than 501 employees 

7 in each of 20 or more calendar weeks in the 

8 current or preceding calendar year, $200,000. 

9 ‘‘(iv) In the case of an employer who has 

10 more than 500 employees in each of 20 or more 

11 calendar weeks in the current or preceding cal12 endar year, $300,000.’’. 

13 (e) STANDING.—Subsection (f) of such section is 

14 amended— 

15 (1) by inserting ‘‘by the United States or’’ after 

16 ‘‘may be initiated only’’; and 

17 (2) by striking ‘‘or by the United States under 

18 subsection (a)(1)’’. 

19 (f) ATTORNEY FEES AND OTHER LITIGATION EX20 PENSES.—Subsection (h)(2) of such section is amended 

21 by striking ‘‘subsection (a)(2)’’ and inserting ‘‘subsection 

22 (a)(1) or subsection (a)(4)’’. 

23 (g) PENSION CONTRIBUTION CALCULATIONS.—Sub24 section (b) of section 4318 of such title is amended— 


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1 (1) in paragraph (3)(B), by striking ‘‘on the 

2 basis of’’ and all that follows and inserting ‘‘on the 

3 basis specified in paragraph (4).’’; and 

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

5 paragraph: 

6 ‘‘(4) The basis for a computation under paragraph 

7 (3) to which subparagraph (B) of that paragraph applies 

8 is as follows: 

9 ‘‘(A) If the period of service described in sub10 section (a)(2)(B) is one year or less, the computa11 tion shall be made on the basis of the employee’s av12 erage rate of compensation during the 12-month pe13 riod immediately preceding such period or, if short14 er, the period of employment immediately preceding 

15 such period. 

16 ‘‘(B) If the period of such service is more than 

17 one year, the computation shall be made on the 

18 basis of the average rate of compensation during 

19 such period of service of employees of that employer 

20 who are similarly situated to the servicemember in 

21 terms of having similar seniority, status, and pay.’’. 

22 (h) DISABILITY DISCOVERED AFTER EMPLOYEE RE23 SUMES EMPLOYMENT.—Subsection (a)(3) of section 4313 

24 of such title is amended by inserting ‘‘including a dis25 ability that is brought to the employer’s attention within 


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1 five years after the person resumes employment,’’ after 

2 ‘‘during, such service,’’. 

3 (i) BURDEN OF IDENTIFYING PROPER REEMPLOY4 MENT POSITIONS.—Section 4313 of such title is further 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(c) For purposes of this section, the employer shall 

8 have the burden of identifying the appropriate reemploy9 ment positions.’’. 

10 (j) CIVIL INVESTIGATIVE DEMANDS.—Section 4323 

11 of such title is further amended by adding at the end the 

12 following new subsection: 

13 ‘‘(j) ISSUANCE AND SERVICE OF CIVIL INVESTIGA14 TIVE DEMANDS BY ATTORNEY GENERAL.—(1) Whenever 

15 the Attorney General has reason to believe that any person 

16 may be in possession, custody, or control of any documen17 tary material relevant to an investigation under this chap18 ter, the Attorney General may, before commencing a civil 

19 action under subsection (a), issue in writing and cause to 

20 be served upon such person, a civil investigative demand 

21 requiring— 

22 ‘‘(A) the production of such documentary mate23 rial for inspection and copying; 


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1 ‘‘(B) that the custodian of such documentary 

2 material answer in writing written questions with re3 spect to such documentary material; or 

4 ‘‘(C) the production of any combination of such 

5 documentary material or answers. 

6 ‘‘(2) The provisions governing the authority to issue, 

7 use, and enforce civil investigative demands under section 

8 3733 of title 31 (known as the ‘False Claims Act’) shall 

9 govern the authority to issue, use, and enforce civil inves10 tigative demands under paragraph (1), except that for 

11 purposes of that paragraph— 

12 ‘‘(A) a reference in that section to false claims 

13 law investigators or investigations shall be applied as 

14 referring to investigators or investigations under this 

15 chapter; 

16 ‘‘(B) a reference to interrogatories shall be ap17 plied as referring to written questions, and answers 

18 to such need not be under oath; 

19 ‘‘(C) the statutory definitions for purposes of 

20 that section relating to ‘false claims law’ shall not 

21 apply; and 

22 ‘‘(D) provisions of that section relating to qui 

23 tam relators shall not apply.’’. 


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1 SEC. 544. MODIFICATION OF CRITERIA FOR ELIGIBILITY 

2 FOR NATURALIZATION THROUGH SERVICE IN 

3 THE ARMED FORCES. 

4 Section 328(a) of the Immigration and Nationality 

5 Act (8 U.S.C. 1439(a)) is amended— 

6 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

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

8 paragraph: 

9 ‘‘(2)(A) In addition to the authorities provided in 

10 paragraph (1), a qualifying noncitizen United States vet11 eran may be naturalized without having been lawfully ad12 mitted to the United States for permanent residence if the 

13 person’s application for naturalization is filed while the 

14 applicant is serving in the armed forces of the United 

15 States or within six months after the termination of such 

16 service. 

17 ‘‘(B) For purposes of subparagraph (A), a qualifying 

18 noncitizen United States veteran is a person— 

19 ‘‘(i) who has served in the armed forces of the 

20 United States as described in subparagraph (C); and 

21 ‘‘(ii) whose enlistment in the armed forces— 

22 ‘‘(I) was lawful under section 504(b) of 

23 title 10, United States Code; and 

24 ‘‘(II) was not procured by a knowingly 

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1 ment as to the person’s qualifications for that 

2 enlistment. 

3 ‘‘(C) A person’s service in the armed forces of the 

4 United States is described in this subparagraph if— 

5 ‘‘(i) the person served honorably in the armed 

6 forces for a period or periods aggregating one year, 

7 any part of which was served after the date of the 

8 enactment of this paragraph; and 

9 ‘‘(ii) in the case of a person who has been sepa10 rated from such service, the person was never sepa11 rated except under honorable conditions.’’. 

12 TITLE VI—COMPENSATION AND 

13 OTHER PERSONNEL BENEFITS 

14 Subtitle A—Pay and Allowances 

15 SEC. 601. FISCAL YEAR 2015 INCREASE IN MILITARY BASIC 

16 PAY. 

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

18 adjustment to become effective during fiscal year 2015 re19 quired by section 1009 of title 37, United States Code, 

20 in the rates of monthly basic pay authorized members of 

21 the uniformed services shall not be made. 

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

23 1, 2015, the rates of monthly basic pay for members of 

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1 listed member pay grades, warrant officer pay grades, and 

2 commissioned officer pay grades below pay grade O–7. 

3 (c) APPLICATION OF EXECUTIVE SCHEDULE LEVEL

4 II CEILING ON PAYABLE RATES FOR GENERAL AND FLAG

5 OFFICERS.—Section 203(a)(2) of title 37, United States 

6 Code, shall be applied for rates of basic pay payable for 

7 commissioned officers in pay grades O–7 through O–10 

8 during calendar year 2015 by using the rate of pay for 

9 level II of the Executive Schedule in effect during 2014. 

10 SEC. 602. INCLUSION OF CHIEF OF THE NATIONAL GUARD 

11 BUREAU AND SENIOR ENLISTED ADVISOR TO 

12 THE CHIEF OF THE NATIONAL GUARD BU13 REAU AMONG SENIOR MEMBERS OF THE 

14 ARMED FORCES FOR PURPOSES OF PAY AND 

15 ALLOWANCES. 

16 (a) BASIC PAY RATE EQUAL TREATMENT OF CHIEF

17 OF THE NATIONAL GUARD BUREAU AND SENIOR EN18 LISTED ADVISOR TO THE CHIEF OF THE NATIONAL

19 GUARD BUREAU.— 

20 (1) CHIEF OF THE NATIONAL GUARD BU21 REAU.—The rate of basic pay for an officer while 

22 serving as the Chief of the National Guard Bureau 

23 shall be the same as the rate of basic pay for the 

24 officers specified in Footnote 2 of the table entitled 

25 ‘‘COMMISSIONED OFFICERS’’ in section 601(b) of the 


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1 National Defense Authorization Act for Fiscal Year 

2 2004 (Public Law 108–136; 37 U.S.C. 1009 note), 

3 regardless of cumulative years of service computed 

4 under section 205 of title 37, United States Code. 

5 (2) SENIOR ENLISTED ADVISOR TO THE CHIEF

6 OF THE NATIONAL GUARD BUREAU.— 

7 (A) Subsection (a)(1) of section 685 of the 

8 National Defense Authorization Act for Fiscal 

9 Year 2006 (37 U.S.C. 205 note) is amended by 

10 inserting ‘‘or as Senior Enlisted Advisor to the 

11 Chief of the National Guard Bureau’’ after 

12 ‘‘Chairman of the Joint Chiefs of Staff’’. 

13 (B) The heading of such section is amend14 ed by inserting ‘‘AND FOR THE CHIEF OF

15 THE NATIONAL GUARD BUREAU’’ after 

16 ‘‘CHAIRMAN OF THE JOINT CHIEFS OF

17 STAFF’’. 

18 (C) The amendment made by subpara19 graph (A) shall apply to the individual who on 

20 the date of the enactment of this Act is serving 

21 as Senior Enlisted Advisor to the Chief of the 

22 National Guard Bureau effective as of the date 

23 on which the assignment of that individual to 

24 that position began. 


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1 (b) PAY DURING TERMINAL LEAVE AND WHILE

2 HOSPITALIZED.—Section 210 of title 37, United States 

3 Code, is amended— 

4 (1) in subsection (a), by inserting ‘‘or the sen5 ior enlisted advisor to the Chairman of the Joint 

6 Chiefs of Staff or the Chief of the National Guard 

7 Bureau’’ after ‘‘that armed force’’; and 

8 (2) in subsection (c), by striking paragraph (6). 

9 (c) PERSONAL MONEY ALLOWANCE.—Section 414 of 

10 title 37, United States Code, is amended— 

11 (1) in subsection (a)(5)— 

12 (A) by striking ‘‘or’’ before ‘‘Commandant 

13 of the Coast Guard’’; and 

14 (B) by inserting ‘‘, or Chief of the Na15 tional Guard Bureau’’ after ‘‘Commandant of 

16 the Coast Guard’’; and 

17 (2) in subsection (c)— 

18 (A) by striking ‘‘or’’ before ‘‘the Senior 

19 Enlisted Advisor to the Chairman of the Joint 

20 Chiefs of Staff’’; and 

21 (B) by inserting ‘‘, or the Senior Enlisted 

22 Advisor to the Chief of the National Guard Bu23 reau’’ after ‘‘Chiefs of Staff’’. 

24 (d) RETIRED BASE PAY.—Section 1406(i) of title 10, 

25 United States Code, is amended— 


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1 (1) in the subsection heading, by inserting 

2 ‘‘CHIEF OF THE NATIONAL GUARD BUREAU,’’ after 

3 ‘‘CHIEFS OF SERVICE,’’; 

4 (2) in paragraph (1)— 

5 (A) by inserting ‘‘the Chief of the National 

6 Guard Bureau,’’ after ‘‘Chief of Service,’’; and 

7 (B) by inserting ‘‘or the senior enlisted ad8 visor to the Chairman of the Joint Chiefs of 

9 Staff or the Chief of the National Guard Bu10 reau’’ after ‘‘of an armed force’’; and 

11 (3) in paragraph (3), by striking clause (vi) of 

12 subparagraph (B). 

13 SEC. 603. REVISION TO METHOD OF COMPUTATION OF 

14 BASIC ALLOWANCE FOR HOUSING. 

15 Paragraph (3) of section 403(b) of title 37, United 

16 States Code, is amended to read as follows: 

17 ‘‘(3)(A) The monthly amount of the basic allowance 

18 for housing for an area of the United States for a member 

19 of a uniformed service shall be the amount equal to the 

20 difference between— 

21 ‘‘(i) the amount of the monthly cost of adequate 

22 housing in that area, as determined by the Secretary 

23 of Defense, for members of the uniformed services 

24 serving in the same pay grade and with the same de25 pendency status as the member; and 


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1 ‘‘(ii) the amount equal to a specified percentage 

2 (determined under subparagraph (B)) of the na3 tional average monthly cost of adequate housing in 

4 the United States, as determined by the Secretary, 

5 for members of the uniformed services serving in the 

6 same pay grade and with the same dependency sta7 tus as the member. 

8 ‘‘(B) The percentage to be used for purposes of sub9 paragraph (A)(ii) shall be determined by the Secretary of 

10 Defense and may not exceed 5 percent.’’. 

11 Subtitle B—Bonuses and Special 

12 and Incentive Pays 

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

14 BONUS AND SPECIAL PAY AUTHORITIES. 

15 (a) AUTHORITIES RELATING TO RESERVE

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

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

18 2014’’ and inserting ‘‘December 31, 2015’’: 

19 (1) Section 308b(g), relating to Selected Re20 serve reenlistment bonus. 

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

22 affiliation or enlistment bonus. 

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

24 enlisted members assigned to certain high-priority 

25 units. 


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1 (4) Section 308g(f)(2), relating to Ready Re2 serve enlistment bonus for persons without prior 

3 service. 

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

5 enlistment and reenlistment bonus for persons with 

6 prior service. 

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

8 enlistment and reenlistment bonus for persons with 

9 prior service. 

10 (7) Section 910(g), relating to income replace11 ment payments for reserve component members ex12 periencing extended and frequent mobilization for 

13 active duty service. 

14 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH

15 CARE PROFESSIONALS.—The following sections of title 

16 10, United States Code, are amended by striking ‘‘Decem17 ber 31, 2014’’ and inserting ‘‘December 31, 2015’’: 

18 (1) Section 2130a(a)(1), relating to nurse offi19 cer candidate accession program. 

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

21 education loans for certain health professionals who 

22 serve in the Selected Reserve. 

23 (c) TITLE 37 AUTHORITIES RELATING TO HEALTH

24 CARE PROFESSIONALS.—The following sections of title 


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1 37, United States Code, are amended by striking ‘‘Decem2 ber 31, 2014’’ and inserting ‘‘December 31, 2015’’: 

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

4 retention bonuses for psychologists. 

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

6 bonus for registered nurses. 

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

8 special pay for nurse anesthetists. 

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

10 Selected Reserve health professionals in critically 

11 short wartime specialties. 

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

13 bonus for dental officers. 

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

15 for pharmacy officers. 

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

17 for medical officers in critically short wartime spe18 cialties. 

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

20 for dental specialist officers in critically short war21 time specialties. 

22 (d) AUTHORITIES RELATING TO NUCLEAR OFFI23 CERS.—The following sections of title 37, United States 

24 Code, are amended by striking ‘‘December 31, 2014’’ and 

25 inserting ‘‘December 31, 2015’’: 


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

2 nuclear-qualified officers extending period of active 

3 service. 

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

5 accession bonus. 

6 (3) Section 312c(d), relating to nuclear career 

7 annual incentive bonus. 

8 (e) AUTHORITIES RELATING TO TITLE 37 CONSOLI9 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU10 THORITIES.—The following sections of title 37, United 

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

12 2014’’ and inserting ‘‘December 31, 2015’’: 

13 (1) Section 331(h), relating to general bonus 

14 authority for enlisted members. 

15 (2) Section 332(g), relating to general bonus 

16 authority for officers. 

17 (3) Section 333(i), relating to special bonus and 

18 incentive pay authorities for nuclear officers. 

19 (4) Section 334(i), relating to special aviation 

20 incentive pay and bonus authorities for officers. 

21 (5) Section 335(k), relating to bonus and incen22 tive pay authorities for officers in health professions. 

23 (6) Section 351(h), relating to hazardous duty 

24 pay. 


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1 (7) Section 352(g), relating to assignment pay 

2 or special duty pay. 

3 (8) Section 353(i), relating to skill incentive 

4 pay or proficiency bonus. 

5 (9) Section 355(h), relating to retention incen6 tives for members qualified in critical military skills 

7 or assigned to high priority units. 

8 (f) OTHER TITLE 37 BONUS AND SPECIAL PAY AU9 THORITIES.—The following sections of title 37, United 

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

11 2014’’ and inserting ‘‘December 31, 2015’’: 

12 (1) Section 301b(a), relating to aviation officer 

13 retention bonus. 

14 (2) Section 307a(g), relating to assignment in15 centive pay. 

16 (3) Section 308(g), relating to reenlistment 

17 bonus for active members. 

18 (4) Section 309(e), relating to enlistment 

19 bonus. 

20 (5) Section 324(g), relating to accession bonus 

21 for new officers in critical skills. 

22 (6) Section 326(g), relating to incentive bonus 

23 for conversion to military occupational specialty to 

24 ease personnel shortage. 


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1 (7) Section 327(h), relating to incentive bonus 

2 for transfer between the armed forces. 

3 (8) Section 330(f), relating to accession bonus 

4 for officer candidates. 

5 (9) Section 403(b)(7)(E), relating to basic al6 lowance for housing. 

7 Subtitle C—Travel and 

8 Transportation Allowances 

9 SEC. 621. AUTHORITY TO REQUIRE EMPLOYEES OF THE DE10 PARTMENT OF DEFENSE AND MEMBERS OF 

11 THE ARMY, NAVY, AIR FORCE, AND MARINE 

12 CORPS TO OCCUPY QUARTERS ON A RENTAL 

13 BASIS WHILE PERFORMING OFFICIAL TRAV14 EL. 

15 (a) AUTHORITY.—Subsection (e) of section 5911 of 

16 title 5, United States Code, is amended— 

17 (1) by striking ‘‘The head’’ and inserting ‘‘(1) 

18 Except as provided in paragraph (2), the head’’; and 

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

20 paragraph: 

21 ‘‘(2)(A) The Secretary of Defense may require an em22 ployee of the Department of Defense or a member of the 

23 uniformed services under the Secretary’s jurisdiction per24 forming duty on official travel to occupy adequate quarters 

25 on a rental basis when available. 


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1 ‘‘(B) A requirement under subparagraph (A) with re2 spect to an employee of the Department of Defense may 

3 not be construed to be subject to negotiation under chap4 ter 71 of this title.’’. 

5 (b) DEFINITION OF QUARTERS.—Subsection (a)(5) 

6 of such section is amended by inserting ‘‘or commercial 

7 lodging arranged through a Government lodging program’’ 

8 after ‘‘leased by the Government’’. 

9 SEC. 622. SINGLE STANDARD MILEAGE REIMBURSEMENT 

10 RATE FOR PRIVATELY OWNED AUTOMOBILES 

11 OF GOVERNMENT EMPLOYEES AND MEM12 BERS OF THE UNIFORMED SERVICES. 

13 (a) INCORPORATION OF IRS RATE AS SINGLE

14 STANDARD MILEAGE RATE APPLICABLE TO AUTO15 MOBILES.—Section 5704(a)(1) of title 5, United States 

16 Code, is amended by striking ‘‘established by the Adminis17 trator shall not exceed’’ in the last sentence and inserting 

18 ‘‘shall be’’. 

19 (b) ESTABLISHMENT OF MILEAGE REIMBURSEMENT

20 RATES.— 

21 (1) ELIMINATION OF AUTOMOBILES FROM PERI22 ODIC INVESTIGATIONS OF COST OF TRAVEL.—Para23 graph (1)(A) of section 5707(b) of such title is 

24 amended— 


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1 (A) by striking ‘‘, in consultation with the 

2 Secretary of Transportation, the Secretary of 

3 Defense, and representatives of organizations of 

4 employees of the Government,’’; and 

5 (B) by striking ‘‘vehicles to’’ and inserting 

6 ‘‘airplanes and privately owned motorcycles by’’. 

7 (2) REIMBURSEMENT RATE FOR AUTO8 MOBILES.—Paragraph (2)(A)(i) of such section is 

9 amended by striking ‘‘prescribe a mileage reimburse10 ment rate which reflects the current costs as deter11 mined by the Administrator of operating privately 

12 owned automobiles, and which shall not exceed,’’ and 

13 inserting ‘‘provide that the mileage reimbursement 

14 rate for privately owned automobiles,’’. 

15 TITLE VII—HEALTHCARE 

16 PROVISIONS 

17 Subtitle A—TRICARE and Other 

18 Health Care Benefits 

19 SEC. 701. CONSOLIDATED TRICARE HEALTH PLAN. 

20 (a) FREEDOM OF CHOICE FOR TRICARE POINTS OF

21 SERVICE.—Chapter 55 of title 10, United States Code, is 

22 amended by inserting after section 1073b the following 

23 new section: 


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1 ‘‘§ 1073c. TRICARE program: freedom of choice for 

2 points of service 

3 ‘‘(a) FREEDOM OF CHOICE.—A covered beneficiary 

4 may choose to receive care from any of the points of serv5 ice specified in subsection (b), subject to availability. 

6 ‘‘(b) POINTS OF SERVICE.—The TRICARE program 

7 has three points of service through which medical and den8 tal care and health benefits are provided, as follows: 

9 ‘‘(1) Facilities of the uniformed services. 

10 ‘‘(2) Entities with which the Secretary of De11 fense has contracted for the delivery of health care 

12 under this chapter. 

13 ‘‘(3) Entities other than those described in 

14 paragraphs (1) and (2).’’. 

15 (b) TRICARE COST-SHARING REQUIREMENTS.— 

16 Such chapter is further amended by inserting after section 

17 1074m the following new section: 

18 ‘‘§ 1075. TRICARE program: cost-sharing require19 ments 

20 ‘‘(a) IN GENERAL.—This section establishes cost21 sharing requirements for beneficiaries under the 

22 TRICARE program. 

23 ‘‘(b) BENEFICIARIES FOR COST-SHARING PUR24 POSES.— 

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1 quirements under the TRICARE program are as fol2 lows: 

3 ‘‘(A) CATEGORY 1: ACTIVE-DUTY MEM4 BERS.—Category 1 consists of beneficiaries who 

5 are covered by section 1074(a) of this title. 

6 ‘‘(B) CATEGORY 2: MEMBERS OF THE SE7 LECTED RESERVE; DEPENDENTS OF ACTIVE8 DUTY MEMBERS.—Category 2 consists of bene9 ficiaries who are covered by section 1076d or 

10 1079 of this title. 

11 ‘‘(C) CATEGORY 3: DISABILITY RETIREES &

12 FAMILY MEMBERS; FAMILY MEMBERS OF PER13 SONS DYING ON ACTIVE DUTY.—Category 3 

14 consists of beneficiaries (other than Category 5 

15 beneficiaries) who are— 

16 ‘‘(i) covered by section 1086(c)(1) of 

17 this title by reason of being retired under 

18 chapter 61 of this title or being a depend19 ent of such a member; or 

20 ‘‘(ii) covered by section 1086(c)(2) of 

21 this title. 

22 ‘‘(D) CATEGORY 4: OTHER RETIREES &

23 FAMILY MEMBERS.—Category 4 consists of 

24 beneficiaries covered by section 1086(c) of this 


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1 title other than Category 3 beneficiaries and 

2 Category 5 beneficiaries. 

3 ‘‘(E) CATEGORY 5: MEDICARE-ELIGIBLE

4 BENEFICIARIES.—Category 5 consists of bene5 ficiaries who are described in section 

6 1086(d)(2) of this title. 

7 ‘‘(2) JUNIOR ENLISTED BENEFICIARIES.—A 

8 beneficiary is a junior enlisted beneficiary if the ben9 eficiary is— 

10 ‘‘(A) a Category 2 beneficiary who is a de11 pendent of a member in pay grade E–1 through 

12 E–4; 

13 ‘‘(B) a Category 2 beneficiary who is a 

14 member of the Selected Reserve of the Ready 

15 Reserve in pay grade E–1 through E–4; 

16 ‘‘(C) a Category 3 beneficiary who retired 

17 under chapter 61 of this title in pay grade E– 

18 1 through E–4 or who is a dependent of such 

19 a member; or 

20 ‘‘(D) a Category 3 beneficiary who is cov21 ered by section 1086(c)(2) of this title by rea22 son of being a dependent of a member who was 

23 in pay grade E–1 through E–4 at the time of 

24 death. 


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1 ‘‘(c) INAPPLICABILITY OF COST-SHARING REQUIRE2 MENTS TO CERTAIN BENEFICIARIES AND CATEGORIES OF

3 CARE.— 

4 ‘‘(1) CATEGORY 1 BENEFICIARIES.—There are 

5 no cost-sharing requirements under this section for 

6 Category 1 beneficiaries. 

7 ‘‘(2) CATEGORY 5 BENEFICIARIES.—Cost shar8 ing under this section does not apply to a Category 

9 5 beneficiary for care covered by section 1086(d)(3) 

10 of this title, except that the catastrophic cap under 

11 subsection (g)(3) does apply to such care. For care 

12 provided to a Category 5 beneficiary that is not cov13 ered by such section, the cost-sharing requirements 

14 applicable to Category 4 beneficiaries under this sec15 tion apply, except that the enrollment fee under sub16 section (e) does not apply. 

17 ‘‘(3) EXTENDED HEALTH-CARE SERVICES.— 

18 Cost sharing under this section does not apply to ex19 tended health care services under section 1079(d) 

20 and (e) of this title. 

21 ‘‘(4) OTHER PROGRAMS.—This section does not 

22 apply to premiums established under this chapter 

23 under sections other than 1079 and 1086. For a 

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1 mium applies, the enrollment fee under subsection 

2 (e) does not apply. 

3 ‘‘(d) SPECIAL RULES.— 

4 ‘‘(1) PHARMACY BENEFITS PROGRAM.—Re5 quired copayments for services under the Pharmacy 

6 Benefits Program are set forth in section 1074g of 

7 this title. The enrollment fee, deductible, and cata8 strophic cap under this section apply to the Phar9 macy Benefits Program under that section. 

10 ‘‘(2) CALENDAR YEAR ENROLLMENT PERIOD.— 

11 Enrollment fees, deductible amounts, and cata12 strophic caps under this section are on a calendar13 year basis. 

14 ‘‘(3) CREDITING OF AMOUNTS RECEIVED.— 

15 Amounts received under this section for care pro16 vided by a facility of the uniformed services shall be 

17 deposited to the credit of the appropriation sup18 porting the maintenance and operation of that facil19 ity. 

20 ‘‘(e) ANNUAL ENROLLMENT FEE FOR CATEGORY 4 

21 BENEFICIARIES.— 

22 ‘‘(1) REQUIREMENT.—As a condition of eligi23 bility for the TRICARE program in any year (in24 cluding care in facilities of the uniformed services 

25 and pharmacy benefits under section 1074g of this 


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1 title), a Category 4 beneficiary shall pay an enroll2 ment fee for that year. 

3 ‘‘(2) AMOUNT.—The amount of such fee for 

4 any year is the baseline amount as adjusted under 

5 subsection (j). The baseline amount is the amount 

6 that would have been charged for enrollment in 

7 TRICARE Prime during fiscal year 2016 under sec8 tion 1097 of this title on the day before the effective 

9 date of this section. 

10 ‘‘(f) ANNUAL DEDUCTIBLE.— 

11 ‘‘(1) REQUIREMENT.—For a Category 2, 3, or 

12 4 beneficiary, the cost-sharing requirements applica13 ble under this section include an annual deductible 

14 of the charges for care received under the TRICARE 

15 program during a year. 

16 ‘‘(2) EXCLUSION.—Any charge paid with re17 spect to care provided in a facility of the uniformed 

18 services shall not be applied to the annual deduct19 ible. 

20 ‘‘(3) AMOUNT.—The amount of the annual de21 ductible for a beneficiary is the following: 

22 ‘‘(A) $150 per person, with a maximum of 

23 $300 per family group of two or more persons, 

24 for a junior enlisted beneficiary. 


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1 ‘‘(B) $300 per person, with a maximum of 

2 $600 per family group of two or more persons, 

3 for all other beneficiaries subject to this sub4 section. 

5 ‘‘(g) CATASTROPHIC CAP.— 

6 ‘‘(1) REQUIREMENT.—The total amount of cost 

7 sharing required to be paid by a beneficiary under 

8 the TRICARE program for a year is limited to a 

9 maximum amount, referred to as a catastrophic cap. 

10 ‘‘(2) EXCLUSION.—An enrollment fee paid 

11 under subsection (e) shall not be counted toward the 

12 catastrophic cap. 

13 ‘‘(3) AMOUNT.—The catastrophic cap has been 

14 reached for a beneficiary during a year if the total 

15 amount of cost sharing requirements (other than an 

16 enrollment fee paid under subsection (e)) incurred 

17 under the TRICARE program by all beneficiaries in 

18 the beneficiary’s family group during that year is 

19 the following: 

20 ‘‘(A) For a Category 2 or 3 beneficiary, 

21 $1,500 for health care provided by network pro22 viders or $2,500 for all health care. 

23 ‘‘(B) For a Category 4 beneficiary, $3,000 

24 for health care provided by military treatment 


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1 facilities and network providers or $5,000 for 

2 all health care. 

3 ‘‘(h) OUTPATIENT COST SHARING.— 

4 ‘‘(1) IN GENERAL.—A Category 2, 3, or 4 bene5 ficiary shall be subject to cost-sharing for outpatient 

6 care in accordance with the amounts and percent7 ages under the following table, as such amounts are 

8 adjusted under subsection (j): 

‘‘Services 

TRICARE Network Providers and 

Facilities of the Uniformed Services 

(FUS) 

Out-of-Network 

Providers 

Junior 

Enlisted 

Beneficiaries 

Category 

2 and 3 

Beneficiaries 

(other 

than 

Junior 

Enlisted 

Beneficiaries) 

Category 

4 

Beneficiaries 

Category 

2 and 3 

Beneficiaries 

Category 

4 

Beneficiaries 

Clinical 

preventive 

services a

$0 $0 $0 $0 $0 

Primary 

care 

visit 

$0 FUS 

visit; 

$10 network 

visit 

$0 FUS 

visit; 

$15 network 

visit 

$10 FUS 

visit; 

$20 network 

visit 

20% b 25% b

Specialty 

care 

visit (including 

PT, OT, 

speech) 

$0 FUS 

visit or 

network 

behavioral 

health 

group 

visit; 

$20 network 

visit 

$0 FUS 

visit or 

network 

behavioral 

health 

group 

visit; 

$25 network 

visit 

$20 FUS 

visit or 

network 

behavioral 

health 

group 

visit; 

$30 network 

visit 

20% b 25% b


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‘‘Services 

TRICARE Network Providers and 

Facilities of the Uniformed Services 

(FUS) 

Out-of-Network 

Providers 

Junior 

Enlisted 

Beneficiaries 

Category 

2 and 3 

Beneficiaries 

(other 

than 

Junior 

Enlisted 

Beneficiaries) 

Category 

4 

Beneficiaries 

Category 

2 and 3 

Beneficiaries 

Category 

4 

Beneficiaries 

Urgent 

care 

center 

$0 FUS 

visit; 

$25 network 

visit 

$0 FUS 

visit; 

$40 network 

visit 

$30 FUS 

visit; 

$50 network 

visit 

20% b 25% b

Emergency 

department 

$0 FUS 

visit; 

$30 network 

visit 

$0 FUS 

visit; 

$50 network 

visit 

$50 FUS 

visit; 

$75 network 

visit 

20% b 25% b

Ambulance $10 trip, 

FUS or 

network 

$15 trip, 

FUS or 

network 

$20 trip, 

FUS or 

network 

20% b 25% b

DME, 

prosthetics, 

orthotics, and 

supplies 

10% of 

negotiated 

network 

fee 

10% of 

negotiated 

network 

fee 

20% of 

FUS 

cost or 

network 

negotiated 

fee 

20% b 25% b

Ambulatory surgery $0 FUS; 

$25 network 

$0 FUS; 

$50 network 

$50 FUS; 

$100 network 

20% b 25% b

a No cost for clinical preventive services as selected consistent with the Patient 

Protection and Affordable Care Act. bPercentage of TRICARE maximum allowable charge after deductible is met. 

Note: FUS—facility of the uniformed services; PT—physical therapy; OT— 

occupational therapy; DME—durable medical equipment. 

1 ‘‘(2) SPECIAL RULE FOR CATEGORY 2 BENE2 FICIARIES IN REMOTE LOCATIONS.—In the case of a 

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1 bility is derived at a duty location remote from an 

2 area in which services are provided by a network 

3 provider, network cost sharing amounts under the 

4 table in paragraph (2) apply, notwithstanding that 

5 care was provided by an out-of-network provider. 

6 ‘‘(i) INPATIENT COST SHARING.—A Category 2, 3, 

7 or 4 beneficiary shall be subject to cost sharing for inpa8 tient care in accordance with the amounts and percentages 

9 under the following table, as such amounts are adjusted 

10 under subsection (j): 

‘‘Services 

TRICARE Network Providers 

and 

Facilities of the Uniformed 

Services (FUS) 

Out-of-Network 

Providers 

Junior 

Enlisted 

Beneficiaries 

Category 

2 and 3 

Beneficiaries 

(other 

than 

Junior 

Enlisted 

Beneficiaries) 

Category 

4 

Beneficiaries 

Junior 

Enlisted 

Beneficiaries 

Category 

2 and 3 

Beneficiaries 

(other 

than 

Junior 

Enlisted 

Beneficiaries) 

Category 

4 

Beneficiaries 

Hospitalization $17.35 

FUS 

per 

day; 

$50 network 

per 

admission 

$17.35 

FUS 

per 

day; 

$80 network 

per 

admission 

$17.35 

FUS 

per 

day; 

$200 

network 

per 

admission 

20% a 20% a 25%a


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‘‘Services 

TRICARE Network Providers 

and 

Facilities of the Uniformed 

Services (FUS) 

Out-of-Network 

Providers 

Junior 

Enlisted 

Beneficiaries 

Category 

2 and 3 

Beneficiaries 

(other 

than 

Junior 

Enlisted 

Beneficiaries) 

Category 

4 

Beneficiaries 

Junior 

Enlisted 

Beneficiaries 

Category 

2 and 3 

Beneficiaries 

(other 

than 

Junior 

Enlisted 

Beneficiaries) 

Category 

4 

Beneficiaries 

Inpatient 

skilled 

nursing/rehabilitation b

$17 network 

per 

day 

$25 network 

per 

day 

$25 per 

day 

$25 per 

day 

$35 per 

day 

$250 

per 

day or 

20% a

of 

billed 

charges for 

institutional 

services, 

whichever is 

less, 

plus 

20% 

for 

separately 

billed 

services 

aPercentage of TRICARE maximum allowable charge after deductible is met. 

b Inpatient skilled nursing/rehabilitation is generally not offered in MTFs for 

anyone other than service members. 

1 ‘‘(j) ANNUAL ADJUSTMENT TO CERTAIN COST-SHAR2 ING AMOUNTS.— 

3 ‘‘(1) ADJUSTMENT.—For any year after 2016, 

4 the dollar amounts specified in paragraph (2) shall 

5 be equal to such dollar amounts increased by the 

6 percentage by which retired pay has been increased 


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1 under section 1401a(b)(2) of this title since 2016, 

2 rounded to the next lower multiple of $1. 

3 ‘‘(2) AMOUNTS SUBJECT TO ADJUSTMENT.— 

4 Paragraph (1) applies to the following: 

5 ‘‘(A) The amount of the enrollment fee in 

6 effect under subsection (e). 

7 ‘‘(B) Each deductible amount in effect 

8 under subsection (f). 

9 ‘‘(C) Each catastrophic cap amount in ef10 fect under subsection (g). 

11 ‘‘(D) Each amount in effect under sub12 section (h) for outpatient care. 

13 ‘‘(E) Each amount in effect under sub14 section (i) for inpatient care. 

15 ‘‘(k) REGULATIONS.— 

16 ‘‘(1) IN GENERAL.—The Secretary of Defense, 

17 after consultation with the other administering Sec18 retaries, shall prescribe regulations to carry out this 

19 section. 

20 ‘‘(2) MATTERS TO BE INCLUDED.—The regula21 tions prescribed under paragraph (1) shall include 

22 the following: 

23 ‘‘(A) Provisions to ensure, to the extent 

24 practicable, the availability of network providers 

25 to at least 85 percent of beneficiaries for whom 


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1 the TRICARE program provides primary health 

2 benefits. 

3 ‘‘(B) Provisions for an annual open season 

4 enrollment period and for enrollment modifica5 tions under appropriate circumstances. 

6 ‘‘(C) Priorities for access to care in facili7 ties of the uniformed services and other stand8 ards to ensure timely access to care. 

9 ‘‘(3) ADDITIONAL MATTERS.—Those regula10 tions may provide for TRICARE eligibility and al11 ternate cost sharing for beneficiaries who are Cat12 egory 2, 3, 4, or 5 beneficiaries who have other 

13 health insurance that provides primary health bene14 fits. 

15 ‘‘(4) AUTHORITY FOR ADDITIONAL PROVISIONS

16 FOR EFFECTIVE AND EFFICIENT ADMINISTRA17 TION.—Those regulations may include such other 

18 provisions as the Secretary determines appropriate 

19 for the effective and efficient administration of the 

20 TRICARE program, including any matter not spe21 cifically addressed in this chapter or any other law. 

22 ‘‘(l) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘network provider’ means a 

24 health care provider referred to in section 

25 1073c(b)(2) of this title. 


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1 ‘‘(2) The term ‘out-of-network provider’ means 

2 a health care provider referred to in section 

3 1073c(b)(3) of this title.’’. 

4 (c) TRANSITION RULES FOR LAST QUARTER OF CAL5 ENDAR YEAR 2015.—With respect to cost sharing require6 ments applicable under sections 1079, 1086, or 1097 of 

7 title 10, United States Code, to a covered beneficiary 

8 under such sections during the period October 1, 2015, 

9 through December 31, 2015: 

10 (1) Any enrollment fee shall be one-fourth of 

11 the amount in effect during fiscal year 2015. 

12 (2) Any deductible amount applicable during 

13 fiscal year 2015 shall apply for the 15-month period 

14 of October 1, 2014, through December 31, 2015. 

15 (3) Any catastrophic cap applicable during fis16 cal year 2015 shall apply for the 15-month period of 

17 October 1, 2014, through December 31, 2015. 

18 (d) REPEAL OF SUPERSEDED AUTHORITIES.—The 

19 following provisions of law are repealed: 

20 (1) Section 1078 of title 10, United States 

21 Code. 

22 (2) Section 1097a of title 10, United States 

23 Code. 

24 (3) Section 1099 of title 10, United States 

25 Code. 


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1 (4) Section 731 of the National Defense Au2 thorization Act for Fiscal Year 1994 (Public Law 

3 103–160; 10 U.S.C. 1073 note). 

4 (e) CONFORMING AMENDMENTS TO TITLE 10, 

5 UNITED STATES CODE.—Title 10, United States Code is 

6 amended as follows: 

7 (1) Section 1072 is amended by striking para8 graph (7) and inserting the following: 

9 ‘‘(7) The term ‘TRICARE program’ means the 

10 various programs carried out by the Secretary of 

11 Defense under this chapter and any other provision 

12 of law providing for the furnishing of medical and 

13 dental care and health benefits to members and 

14 former members of the uniformed services and their 

15 dependents.’’. 

16 (2) Section 1074(c)(2) is amended by striking 

17 ‘‘the managed care option of the TRICARE program 

18 known as TRICARE Prime’’ and inserting ‘‘the 

19 TRICARE program’’. 

20 (3) Section 1076d is amended by striking 

21 ‘‘TRICARE Standard’’ each place it appears (in22 cluding in the heading of such section) and inserting 

23 ‘‘TRICARE Reserve Select’’. 

24 (4) Section 1076e is amended by striking 

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1 cluding in the heading of such section) and inserting 

2 ‘‘TRICARE Retired Reserve’’. 

3 (5) Section 1076e is further amended by strik4 ing ‘‘TRICARE Retired Reserve Coverage at age 

5 60’’ (as inserted by paragraph (4)) and inserting 

6 ‘‘TRICARE coverage at age 60’’. 

7 (6) Section 1079 is amended— 

8 (A) in subsection (b), by striking ‘‘of the 

9 following amounts:’’ and all that follows and in10 serting ‘‘of amounts as provided under section 

11 1075 of this title.’’; and 

12 (B) by striking subsections (c), (g) and 

13 (p). 

14 (7) Section 1079a is amended— 

15 (A) by striking ‘‘CHAMPUS’’ in the head16 ing and inserting ‘‘TRICARE program’’; and 

17 (B) by striking ‘‘the Civilian Health and 

18 Medical Program of the Uniformed Services’’ 

19 and inserting ‘‘the TRICARE program’’. 

20 (8) Section 1086(b) is amended by striking 

21 ‘‘contain the following’’ and all that follows and in22 serting ‘‘include provisions for payment by the pa23 tient as provided under section 1075 of this title.’’. 

24 (9) Section 1097(e) is amended to read as fol25 lows: 


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1 ‘‘(e) CHARGES FOR HEALTH CARE.—Section 1075 of 

2 this title applies to health care services under this sec3 tion.’’. 

4 (f) OTHER CONFORMING AMENDMENTS.— 

5 (1) Section 721 of the National Defense Au6 thorization Act for Fiscal Year 1997 (Public Law 

7 104–201; 10 U.S.C. 1073 note) is amended— 

8 (A) in paragraph (7), by striking ‘‘the 

9 health plan known as the ‘TRICARE PRIME’ 

10 option under’’; and 

11 (B) in paragraph (9), by striking all that 

12 follows ‘‘The term ‘TRICARE program’ ’’ and 

13 inserting ‘‘has the meaning given that term in 

14 section 1072(7) of title 10, United States 

15 Code.’’. 

16 (2) Section 723(a) of such Act (Public Law 

17 104–201; 10 U.S.C. 1073 note) is amended by strik18 ing ‘‘section 731 of the National Defense Authoriza19 tion Act for Fiscal Year 1994 (Public Law 103–160; 

20 10 U.S.C. 1073 note)’’ and inserting ‘‘section 1075 

21 of title 10, United States Code’’. 

22 (3) Section 706 of the National Defense Au23 thorization Act for Fiscal Year 2000 (Public Law 

24 106–65; 113 Stat. 684) is amended— 


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1 (A) in subsection (c), by striking ‘‘Prime 

2 Remote’’; and 

3 (B) in subsection (d), by striking ‘‘the 

4 TRICARE Standard plan’’ and inserting ‘‘the 

5 TRICARE program’’. 

6 (g) CLERICAL AMENDMENTS.—The table of sections 

7 at the beginning of chapter 55 of title 10, United States 

8 Code, is amended— 

9 (1) by inserting after the item relating to sec10 tion 1073b the following new item: 

‘‘1073c. TRICARE program; freedom of choice for points of service.’’; 

11 (2) by inserting after the item relating to sec12 tion 1074m the following new item: 

‘‘1075. TRICARE program; cost-sharing requirements.’’; 

13 (3) in the item relating to section 1076d, by 

14 striking ‘‘TRICARE Standard’’ and inserting 

15 ‘‘TRICARE Reserve Select’’; 

16 (4) in the item relating to section 1076e, by 

17 striking ‘‘TRICARE Standard’’ and inserting 

18 ‘‘TRICARE Retired Reserve’’; 

19 (5) in the item relating to section 1079a, by 

20 striking ‘‘CHAMPUS’’ and inserting ‘‘TRICARE 

21 program’’; and 

22 (6) by striking the items relating to sections 

23 1078, 1097a, and 1099. 

24 (h) EFFECTIVE DATES.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), this section and the amendments made by 

3 the section shall take effect on January 1, 2016. 

4 (2) TRANSITION RULES.—Subsection (c) shall 

5 take effect on October 1, 2015. 

6 SEC. 702. REVISIONS TO COST SHARING REQUIREMENTS 

7 FOR TRICARE FOR LIFE AND THE PHARMACY 

8 BENEFITS PROGRAM. 

9 (a) TRICARE FOR LIFE ENROLLMENT FEES.—Sec10 tion 1086(d)(3) of title 10, United States Code, is amend11 ed by adding at the end the following new subparagraph: 

12 ‘‘(D)(i) Beginning January 1, 2015, a per13 son described in paragraph (2) (except as pro14 vided in clauses (vi) and (vii)), shall pay an an15 nual enrollment fee as a condition of eligibility 

16 for health care benefits under this section. Such 

17 enrollment fee shall be an amount (rounded to 

18 the nearest dollar) equal to the applicable per19 centage (specified in clause (ii)) of the annual 

20 retired pay of the member or former member 

21 upon whom the covered beneficiary’s eligibility 

22 is based, except that the amount of such enroll23 ment fee shall not be in excess of the applicable 

24 maximum enrollment fee (specified in clause 

25 (iii)). 


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1 ‘‘(ii) The applicable percentage of re2 tired pay shall be determined in accordance 

3 with the following table: 

‘‘For: 

The applicable 

percentage for 

a family group of 

two or more 

persons is: 

The applicable 

percentage for 

an individual is: 

2015 ....................................... 0.50% 0.25%

2016 ....................................... 1.00% 0.50%

2017 ....................................... 1.50% 0.75%

2018 and after ....................... 2.00% 1.00%. 

4 ‘‘(iii) For any year 2015 through 

5 2018, the applicable maximum enrollment 

6 fees for a family group of two or more per7 sons shall be determined in accordance 

8 with the following table: 

‘‘For: 

The applicable 

maximum 

enrollment fee for 

a family group 

whose eligibility 

is based upon 

a member or 

former member of 

retired grade 

O–7 or above is: 

The applicable 

maximum 

enrollment fee for 

a family group 

whose eligibility 

is based upon 

a member or 

former member of 

retired grade 

O–6 or below is: 

2015 ....................................... $200 $150

2016 ....................................... $400 $300

2017 ....................................... $600 $450

2018 ....................................... $800 $600. 

9 ‘‘(iv) For any year after 2018, the ap10 plicable maximum enrollment fee shall be 

11 equal to the maximum enrollment fee for 


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1 the previous year increased by the percent2 age by which retired pay is increased 

3 under section 1401a(b)(2) of this title for 

4 such year. 

5 ‘‘(v) The applicable maximum enroll6 ment fee for an individual shall be one-half 

7 the corresponding maximum fee for a fam8 ily group of two or more persons (as deter9 mined under clauses (iii) and (iv)). 

10 ‘‘(vi) Clause (i) shall not apply to a 

11 dependent of a member of the uniformed 

12 services who dies while on active duty, a 

13 member retired under chapter 61 of this 

14 title, or a dependent of such a member. 

15 ‘‘(vii) Clause (i) also shall not apply 

16 to a person who, prior to the date of the 

17 enactment of this subparagraph, met the 

18 conditions described in paragraph (2)(A) 

19 and (B).’’. 

20 (b) TRICARE PHARMACY PROGRAM REQUIRE21 MENTS.— 

22 (1) AVAILABILITY OF PHARMACEUTICAL

23 AGENTS THROUGH NATIONAL MAIL-ORDER PHAR24 MACY PROGRAM.—Section 1074g(a)(5) of such title 

25 is amended— 


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1 (A) by striking ‘‘at least one of the means 

2 described in paragraph (2)(E)’’ and inserting 

3 ‘‘the national mail-order pharmacy program’’; 

4 and 

5 (B) by striking ‘‘may include’’ and all that 

6 follows through the end of the paragraph and 

7 inserting ‘‘shall include cost sharing by the eli8 gible covered beneficiary as specified in para9 graph (6).’’. 

10 (2) COST SHARING AMOUNTS.—Section 

11 1074g(a)(6) of such title is amended to read as fol12 lows: 

13 ‘‘(6)(A) In the case of any of the years 2015 through 

14 2024, the cost sharing amounts referred to in paragraph 

15 (5) shall be determined in accordance with the following 

16 table: 

‘‘For: 

The cost 

sharing 

amount 

for a 

30-day 

supply of 

a retail 

generic is: 

The cost 

sharing 

amount 

for a 

30-day 

supply of 

a retail 

formulary 

is: 

The cost 

sharing 

amount 

for a 

90-day 

supply of 

a mail 

order 

generic is: 

The cost 

sharing 

amount 

for a 

90-day 

supply of 

a mail 

order 

formulary 

is: 

The cost 

amount 

for a 

90-day 

supply of 

a mail 

order 

non-formulary is: 

2015 $5 $26 $0 $26 $51

2016 $6 $28 $0 $28 $54

2017 $7 $30 $0 $30 $58

2018 $8 $32 $0 $32 $62

2019 $9 $34 $9 $34 $66


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‘‘For: 

The cost 

sharing 

amount 

for a 

30-day 

supply of 

a retail 

generic is: 

The cost 

sharing 

amount 

for a 

30-day 

supply of 

a retail 

formulary 

is: 

The cost 

sharing 

amount 

for a 

90-day 

supply of 

a mail 

order 

generic is: 

The cost 

sharing 

amount 

for a 

90-day 

supply of 

a mail 

order 

formulary 

is: 

The cost 

amount 

for a 

90-day 

supply of 

a mail 

order 

non-formulary is: 

2020 $10 $36 $10 $36 $70

2021 $11 $38 $11 $38 $75

2022 $12 $40 $12 $40 $80

2023 $13 $43 $13 $43 $85

2024 $14 $45 $14 $45 $90. 

1 ‘‘(B) For any year after 2024, the cost sharing 

2 amounts referred to in paragraph (5) shall be equal to 

3 the cost sharing amounts for the previous year, adjusted 

4 by an amount, if any, as determined by the Secretary to 

5 reflect changes in the costs of pharmaceutical agents and 

6 prescription dispensing, rounded to the nearest dollar. 

7 ‘‘(C) Notwithstanding subparagraphs (A) and (B), 

8 the cost-sharing amounts referred to in paragraph (5) for 

9 any year for a dependent of a member of the uniformed 

10 services who dies while on active duty, a member retired 

11 under chapter 61 of this title, or a dependent of such a 

12 member shall be equal to the cost sharing amounts, if any, 

13 for fiscal year 2014.’’. 

14 (c) REFILLS OF PRESCRIPTION MAINTENANCE

15 MEDICATIONS THROUGH THE NATIONAL MAIL ORDER

16 PHARMACY PROGRAM.— 


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1 (1) IN GENERAL.—Under the authority of sec2 tion 1092 of such title, beginning January 1, 2015, 

3 the pharmacy benefits program shall require eligible 

4 covered beneficiaries generally to refill non-generic 

5 prescription maintenance medications through mili6 tary treatment facility pharmacies or the national 

7 mail-order pharmacy program. 

8 (2) MEDICATIONS COVERED.— 

9 (A) DETERMINATION.—The Secretary 

10 shall determine the maintenance medications 

11 subject to the requirement under paragraph 

12 (1). 

13 (B) SUPPLY.—In carrying out the require14 ment under paragraph (1), the Secretary shall 

15 ensure that the medications subject to the re16 quirement under paragraph (1) are— 

17 (i) generally available to eligible cov18 ered beneficiaries through retail phar19 macies only for an initial filling of a 30- 

20 day or less supply; and 

21 (ii) any refills of such medications are 

22 obtained through a military treatment fa23 cility pharmacy or the national mail-order 

24 pharmacy program. 


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1 (C) EXEMPTION.—The Secretary may ex2 empt the following prescription maintenance 

3 medications from the requirements in subpara4 graph (B): 

5 (i) Medications that are for acute care 

6 needs. 

7 (ii) Such other medications as the 

8 Secretary determines appropriate. 

9 (d) AUTHORITY TO ADJUST PAYMENTS INTO THE

10 MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND.— 

11 Section 1116 of such title is amended by adding at the 

12 end the following new subsection: 

13 ‘‘(e)(1) During any fiscal year, if the Secretary of De14 fense determines that the amount certified under sub15 section (c) is no longer accurate because of a significant 

16 change in circumstances or law, the Secretary of Defense 

17 may, if appropriate, certify a revised amount determined 

18 in accordance with subsection (b)(2) to the Secretary of 

19 the Treasury. 

20 ‘‘(2) If the Secretary of Defense makes a certification 

21 under paragraph (1), each other administering Secretary 

22 shall make and advise the Secretary of the Treasury of 

23 a revised determination, consistent with section 1111(c) 

24 of this title. 


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1 ‘‘(3) If a certification and determination are made 

2 under paragraphs (1) and (2), the Secretary of the Treas3 ury shall promptly pay into or recoup from the Fund the 

4 difference between the amount paid into the Fund under 

5 subsection (a) and the amount certified or determined by 

6 the administering Secretary under paragraph (1) or (2).’’. 

7 Subtitle B—Health Care 

8 Administration 

9 SEC. 711. DESIGNATION AND RESPONSIBILITIES OF SENIOR 

10 MEDICAL ADVISOR FOR ARMED FORCES RE11 TIREMENT HOME. 

12 (a) DESIGNATION OF SENIOR MEDICAL ADVISOR.— 

13 Subsection (a) of section 1513A of the Armed Forces Re14 tirement Home Act of 1991 (24 U.S.C. 413a) is amend15 ed— 

16 (1) in paragraph (1), by striking ‘‘Deputy Di17 rector of the TRICARE Management Activity’’ and 

18 inserting ‘‘Deputy Director of the Defense Health 

19 Agency’’; and 

20 (2) in paragraph (2), by striking ‘‘Deputy Di21 rector of the TRICARE Management Activity’’ both 

22 places it appears and inserting ‘‘Deputy Director of 

23 the Defense Health Agency’’. 

24 (b) CLARIFICATION OF RESPONSIBILITIES AND DU25 TIES OF SENIOR MEDICAL ADVISOR.—Subsection (c)(2) 


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1 of such section is amended by striking ‘‘health care stand2 ards of the Department of Veterans Affairs’’ and inserting 

3 ‘‘nationally recognized health care standards and require4 ments’’. 

5 SEC. 712. EXTENSION OF AUTHORITY FOR THE JOINT DE6 PARTMENT OF DEFENSE-DEPARTMENT OF 

7 VETERANS AFFAIRS MEDICAL FACILITY DEM8 ONSTRATION FUND. 

9 Subsection (e) of section 1704 of the National De10 fense Authorization Act for Fiscal Year 2010 (Public Law 

11 111–84; 123 Stat. 2573) is amended by striking ‘‘Sep12 tember 30, 2015’’ and inserting ‘‘September 30, 2016’’. 

13 SEC. 713. PARITY IN PROVISION OF INPATIENT MENTAL 

14 HEALTH SERVICES WITH OTHER INPATIENT 

15 MEDICAL SERVICES. 

16 (a) ELIMINATION OF INPATIENT DAY LIMITS IN

17 PROVISION OF MENTAL HEALTH SERVICES.—Section 

18 1079 of title 10, United States Code, is amended— 

19 (1) by striking paragraph (6) of subsection (a); 

20 and 

21 (2) by striking subsection (i). 

22 (b) WAIVER OF NONAVAILBILITY STATEMENT FOR

23 MENTAL HEALTH SERVICES.—Section 721(a) of the 

24 Floyd D. Spence National Defense Authorization Act for 

25 Fiscal Year 2001 (as enacted into law by Public Law 106– 


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1 398; 10 U.S.C. 1073 note) is amended by striking ‘‘(other 

2 than mental health services)’’. 

3 TITLE VIII—ACQUISITION POL4 ICY, ACQUISITION MANAGE5 MENT, AND RELATED MAT6 TERS 

7 Subtitle A—Acquisition Policy and 

8 Management 

9 SEC. 801. THREE-YEAR EXTENSION OF AUTHORITY FOR 

10 JOINT URGENT OPERATIONAL NEEDS FUND. 

11 Section 2216a(e) of title 10, United States Code, is 

12 amended by striking ‘‘September 30, 2015’’ and inserting 

13 ‘‘September 30, 2018’’. 

14 SEC. 802. FIVE-YEAR EXTENSION OF DEFENSE PRODUC15 TION ACT OF 1950. 

16 Section 717(a) of the Defense Production Act of 

17 1950 (50 U.S.C. App. 2166(a)) is amended by striking 

18 ‘‘September 30, 2014’’ and inserting ‘‘September 30, 

19 2019’’. 

20 SEC. 803. PROGRAM FRAUD CIVIL REMEDIES STATUTE FOR 

21 THE DEPARTMENT OF DEFENSE AND THE NA22 TIONAL AERONAUTICS AND SPACE ADMINIS23 TRATION. 

24 (a) PURPOSE.—The purpose of this section is to pro25 vide the Secretary of Defense and the Administrator of 


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1 the National Aeronautics and Space Administration with 

2 an effective administrative remedy to obtain recompense 

3 for the Department of Defense and the National Aero4 nautics and Space Administration for losses resulting from 

5 the submission to the Department or the Administration, 

6 respectively, of false, fictitious, or fraudulent claims and 

7 statements. 

8 (b) PROGRAM FRAUD CIVIL REMEDIES.— 

9 (1) IN GENERAL.—Chapter IV of subtitle A of 

10 title 10, United States Code, is amended by insert11 ing after chapter 163 the following new chapter: 

12 ‘‘CHAPTER 164—ADMINISTRATIVE REM13 EDIES FOR FALSE CLAIMS AND STATE14 MENTS 

‘‘Sec. 

‘‘2751. Applicability of chapter; definitions. 

‘‘2752. False claims and statements; liability. 

‘‘2753. Hearing and determinations. 

‘‘2754. Payment; interest on late payments. 

‘‘2755. Judicial review. 

‘‘2756. Collection of civil penalties and assessments. 

‘‘2757. Right to administrative offset. 

‘‘2758. Limitations. 

‘‘2759. Effect on other laws. 

15 ‘‘§ 2751. Applicability of chapter; definitions 

16 ‘‘(a) APPLICABILITY OF CHAPTER.—This chapter ap17 plies to the following agencies: 

18 ‘‘(1) The Department of Defense. 

19 ‘‘(2) The National Aeronautics and Space Ad20 ministration. 


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1 ‘‘(b) DEFINITIONS.—In this chapter: 

2 ‘‘(1) HEAD OF AN AGENCY.—The term ‘head of 

3 an agency’ means the Secretary of Defense and the 

4 Administrator of the National Aeronautics and 

5 Space Administration. 

6 ‘‘(2) CLAIM.—The term ‘claim’ means any re7 quest, demand, or submission— 

8 ‘‘(A) made to the head of an agency for 

9 property, services, or money (including money 

10 representing grants, loans, insurance, or bene11 fits); 

12 ‘‘(B) made to a recipient of property, serv13 ices, or money received directly or indirectly 

14 from the head of an agency or to a party to a 

15 contract with the head of an agency— 

16 ‘‘(i) for property or services if the 

17 United States— 

18 ‘‘(I) provided such property or 

19 services; 

20 ‘‘(II) provided any portion of the 

21 funds for the purchase of such prop22 erty or services; or 

23 ‘‘(III) will reimburse such recipi24 ent or party for the purchase of such 

25 property or services; or 


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1 ‘‘(ii) for the payment of money (in2 cluding money representing grants, loans, 

3 insurance, or benefits) if the United 

4 States— 

5 ‘‘(I) provided any portion of the 

6 money requested or demanded; or 

7 ‘‘(II) will reimburse such recipi8 ent or party for any portion of the 

9 money paid on such request or de10 mand; or 

11 ‘‘(C) made to the head of an agency which 

12 has the effect of decreasing an obligation to pay 

13 or account for property, services, or money. 

14 ‘‘(3) KNOWS OR HAS REASON TO KNOW.—The 

15 term ‘knows or has reason to know’, for purposes of 

16 establishing liability under section 2752 of this title, 

17 means that a person, with respect to a claim or 

18 statement— 

19 ‘‘(A) has actual knowledge that the claim 

20 or statement is false, fictitious, or fraudulent; 

21 ‘‘(B) acts in deliberate ignorance of the 

22 truth or falsity of the claim or statement; or 

23 ‘‘(C) acts in reckless disregard of the truth 

24 or falsity of the claim or statement, and no 

25 proof of specific intent to defraud is required. 


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1 ‘‘(4) RESPONSIBLE OFFICIAL.—The term ‘re2 sponsible official’ means a designated debarring and 

3 suspending official of the agency named in sub4 section (a). 

5 ‘‘(5) RESPONDENT.—The term ‘respondent’ 

6 means a person who has received notice from a re7 sponsible official asserting liability under section 

8 2752 of this title. 

9 ‘‘(6) STATEMENT.—The term ‘statement’ 

10 means any representation, certification, affirmation, 

11 document, record, or an accounting or bookkeeping 

12 entry made— 

13 ‘‘(A) with respect to a claim or to obtain 

14 the approval or payment of a claim (including 

15 relating to eligibility to make a claim); or 

16 ‘‘(B) with respect to (including relating to 

17 eligibility for)— 

18 ‘‘(i) a contract with, or a bid or pro19 posal for a contract with the head of an 

20 agency; or 

21 ‘‘(ii) a grant, loan, or benefit from the 

22 head of an agency. 

23 ‘‘(c) CLAIMS.—For purposes of paragraph (2) of sub24 section (b)— 


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1 ‘‘(1) each voucher, invoice, claim form, or other 

2 individual request or demand for property, services, 

3 or money constitutes a separate claim; 

4 ‘‘(2) each claim for property, services, or money 

5 is subject to this chapter regardless of whether such 

6 property, services, or money is actually delivered or 

7 paid; and 

8 ‘‘(3) a claim shall be considered made, pre9 sented, or submitted to the head of an agency, re10 cipient, or party when such claim is actually made 

11 to an agent, fiscal intermediary, or other entity act12 ing for or on behalf of such authority, recipient, or 

13 party. 

14 ‘‘(d) STATEMENTS.—For purposes of paragraph (6) 

15 of subsection (b)— 

16 ‘‘(1) each written representation, certification, 

17 or affirmation constitutes a separate statement; and 

18 ‘‘(2) a statement shall be considered made, pre19 sented, or submitted to the head of an agency when 

20 such statement is actually made to an agent, fiscal 

21 intermediary, or other entity acting for or on behalf 

22 of such authority. 

23 ‘‘§ 2752. False claims and statements; liability 

24 ‘‘(a) FALSE CLAIMS.—Any person who makes, pre25 sents, or submits, or causes to be made, presented, or subVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 mitted, to the head of an agency a claim that the person 

2 knows or has reason to know— 

3 ‘‘(1) is false, fictitious, or fraudulent; 

4 ‘‘(2) includes or is supported by any written 

5 statement which asserts a material fact that is false, 

6 fictitious, or fraudulent; 

7 ‘‘(3) includes or is supported by any written 

8 statement that— 

9 ‘‘(A) omits a material fact; 

10 ‘‘(B) is false, fictitious, or fraudulent as a 

11 result of such omission; and 

12 ‘‘(C) the person making, presenting, or 

13 submitting such statement has a duty to in14 clude such material fact; or 

15 ‘‘(4) is for payment for the provision of prop16 erty or services which the person has not provided 

17 as claimed, 

18 shall, in addition to any other remedy that may be pre19 scribed by law, be subject to a civil penalty of not more 

20 than $5,000 for each such claim. Such person shall also 

21 be subject to an assessment of not more than twice the 

22 amount of such claim, or the portion of such claim which 

23 is determined by the responsible official to be in violation 

24 of the preceding sentence. 


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1 ‘‘(b) FALSE STATEMENTS.—Any person who makes, 

2 presents, submits, or causes to be made, presented, or sub3 mitted, a written statement in conjunction with a procure4 ment program or acquisition of an agency named in sec5 tion 2751(a) of this title that— 

6 ‘‘(1) the person knows or has reason to know— 

7 ‘‘(A) asserts a material fact that is false, 

8 fictitious, or fraudulent; or 

9 ‘‘(B)(i) omits a material fact; and 

10 ‘‘(ii) is false, fictitious, or fraudulent as a 

11 result of such omission; 

12 ‘‘(2) in the case of a statement described in 

13 subparagraph (B) of paragraph (1), is a statement 

14 in which the person making, presenting, or submit15 ting such statement has a duty to include such ma16 terial fact; and 

17 ‘‘(3) contains or is accompanied by an express 

18 certification or affirmation of the truthfulness and 

19 accuracy of the contents of the statement, 

20 shall be subject to, in addition to any other remedy that 

21 may be prescribed by law, a civil penalty of not more than 

22 $5,000 for each such statement. 

23 ‘‘§ 2753. Hearing and determinations 

24 ‘‘(a) TRANSMITTAL OF NOTICE TO ATTORNEY GEN25 ERAL.—If a responsible official determines that there is 


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1 adequate evidence to believe that a person is liable under 

2 section 2752 of this title, the responsible official shall 

3 transmit to the Attorney General, or any other officer or 

4 employee of the Department of Justice designated by the 

5 Attorney General, a written notice of the intention of such 

6 official to initiate an action under this section. The notice 

7 shall include the following: 

8 ‘‘(1) A statement of the reasons for initiating 

9 an action under this section. 

10 ‘‘(2) A statement specifying the evidence which 

11 supports liability under section 2752 of this title. 

12 ‘‘(3) A description of the claims or statements 

13 for which liability under section 2752 of this title is 

14 alleged. 

15 ‘‘(4) An estimate of the penalties and assess16 ments that will be demanded under section 2752 of 

17 this title. 

18 ‘‘(5) A statement of any exculpatory or miti19 gating circumstances which may relate to such 

20 claims or statements. 

21 ‘‘(b) STATEMENT FROM ATTORNEY GENERAL.— 

22 ‘‘(1) Within 90 days after receipt of a notice 

23 from a responsible official under subsection (a), the 

24 Attorney General, or any other officer or employee 

25 of the Department of Justice designated by the AtVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 torney General, shall transmit a written statement 

2 to the responsible official which specifies— 

3 ‘‘(A) that the Attorney General, or any 

4 other officer or employee of the Department of 

5 Justice designated by the Attorney General, ap6 proves or disapproves initiating an action under 

7 this section based on the allegations of liability 

8 stated in such notice; and 

9 ‘‘(B) in any case in which the initiation of 

10 an action under this section is disapproved, the 

11 reasons for such disapproval. 

12 ‘‘(2) If at any time after the initiation of an ac13 tion under this section the Attorney General, or any 

14 other officer or employee of the Department of Jus15 tice designated by the Attorney General, transmits 

16 to a responsible official a written determination that 

17 the continuation of any action under this section 

18 may adversely affect any pending or potential crimi19 nal or civil action, such action shall be immediately 

20 stayed and may be resumed only upon written au21 thorization from the Attorney General, or any other 

22 officer or employee of the Department of Justice 

23 designated by the Attorney General. 

24 ‘‘(c) LIMITATION ON AMOUNT OF CLAIM THAT MAY

25 BE PURSUED UNDER THIS SECTION.—No action shall be 


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1 initiated under this section, nor shall any assessment be 

2 imposed under this section, if the total amount of the 

3 claim determined by the responsible official to violate sec4 tion 2752(a) of this title exceeds $500,000. The $500,000 

5 threshold does not include penalties or any assessment 

6 permitted under 2752(a) of this title greater than the 

7 amount of the claim determined by the responsible official 

8 to violate such section. 

9 ‘‘(d) PROCEDURES FOR RESOLVING CLAIMS.—(1) 

10 Upon receiving approval under subsection (b) to initiate 

11 an action under this section, the responsible official shall 

12 mail, by registered or certified mail, or other similar com13 mercial means, or shall deliver, a notice to the person al14 leged to be liable under section 2752 of this title. Such 

15 notice shall specify the allegations of liability against such 

16 person, specify the total amount of penalties and assess17 ments sought by the United States, advise the person of 

18 the opportunity to submit facts and arguments in opposi19 tion to the allegations set forth in the notice, advise the 

20 person of the opportunity to submit offers of settlement 

21 or proposals of adjustment, and advise the person of the 

22 procedures of the agency named in section 2751(a) of this 

23 title governing the resolution of actions initiated under 

24 this section. 


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1 ‘‘(2) Within 30 days after receiving a notice under 

2 paragraph (1), or any additional period of time granted 

3 by the responsible official, the respondent may submit in 

4 person, in writing, or through a representative, facts and 

5 arguments in opposition to the allegations set forth in the 

6 notice, including any additional information that raises a 

7 genuine dispute of material fact. 

8 ‘‘(3) If the respondent fails to respond within 30 

9 days, or any additional time granted by the responsible 

10 official, the responsible official may issue a written deci11 sion disposing of the matters raised in the notice. Such 

12 decision shall be based on the record before the responsible 

13 official. If the responsible official concludes that the re14 spondent is liable under section 2752 of this title, the deci15 sion shall include the findings of fact and conclusions of 

16 law which the responsible official relied upon in deter17 mining that the respondent is liable, and the amount of 

18 any penalty and/or assessment to be imposed on the re19 spondent. Any such determination shall be based on a pre20 ponderance of the evidence. The responsible official shall 

21 promptly send to the respondent a copy of the decision 

22 by registered or certified mail, or other similar commercial 

23 means, or shall hand deliver a copy of the decision. 

24 ‘‘(4) If the respondent makes a timely submission, 

25 and the responsible official determines that the respondent 


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1 has not raised any genuine dispute of material fact, the 

2 responsible official may issue a written decision disposing 

3 of the matters raised in the notice. Such decision shall 

4 be based on the record before the responsible official. If 

5 the responsible official concludes that the respondent is 

6 liable under section 2752 of this title, the decision shall 

7 include the findings of fact and conclusions of law which 

8 the responsible official relied upon in determining that the 

9 respondent is liable, and the amount of any penalty or as10 sessment to be imposed on the respondent. Any such de11 termination shall be based on a preponderance of the evi12 dence. The responsible official shall promptly send to the 

13 respondent a copy of the decision by registered or certified 

14 mail, or other similar commercial means, or shall hand 

15 deliver a copy of the decision. 

16 ‘‘(5) If the respondent makes a timely submission, 

17 and the responsible official determines that the respondent 

18 has raised a genuine dispute of material fact, the respon19 sible official shall commence a hearing to resolve the genu20 inely disputed material facts by mailing by registered or 

21 certified mail, or other similar commercial means, or by 

22 hand delivery of, a notice informing the respondent of— 

23 ‘‘(A) the time, place, and nature of the hearing; 

24 ‘‘(B) the legal authority under which the hear25 ing is to be held; 


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1 ‘‘(C) the material facts determined by the re2 sponsible official to be genuinely in dispute that will 

3 be the subject of the hearing; and 

4 ‘‘(D) a description of the procedures for the 

5 conduct of the hearing. 

6 ‘‘(6) The responsible official and any person against 

7 whom liability is asserted under this chapter may agree 

8 to a compromise or settle an action at any time. Any com9 promise or settlement must be in writing. 

10 ‘‘(e) RESPONDENT ENTITLED TO COPY OF THE

11 RECORD.—At any time after receiving a notice under 

12 paragraph (1) of subsection (d), the respondent shall be 

13 entitled to a copy of the entire record before the respon14 sible official. 

15 ‘‘(f) HEARINGS.—Any hearing commenced under this 

16 section shall be conducted by the responsible official, or 

17 a fact-finder designated by the responsible official, solely 

18 to resolve genuinely disputed material facts identified by 

19 the responsible official and set forth in the notice to the 

20 respondent. 

21 ‘‘(g) PROCEDURES FOR HEARINGS.—(1) Each hear22 ing shall be conducted under procedures prescribed by the 

23 head of the agency. Such procedures shall include the fol24 lowing: 


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1 ‘‘(A) The provision of written notice of the 

2 hearing to the respondent, including written notice 

3 of— 

4 ‘‘(i) the time, place, and nature of the 

5 hearing; 

6 ‘‘(ii) the legal authority under which the 

7 hearing is to be held; 

8 ‘‘(iii) the material facts determined by the 

9 responsible official to be genuinely in dispute 

10 that will be the subject of the hearing; and 

11 ‘‘(iv) a description of the procedures for 

12 the conduct of the hearing. 

13 ‘‘(B) The opportunity for the respondent to 

14 present facts and arguments through oral or docu15 mentary evidence, to submit rebuttal evidence, and 

16 to conduct such cross-examination as may be re17 quired to resolve any genuinely disputed material 

18 facts identified by the responsible official. 

19 ‘‘(C) The opportunity for the respondent to be 

20 accompanied, represented, and advised by counsel or 

21 such other qualified representative as the Secretary 

22 may specify in such regulations. 

23 ‘‘(2) For the purpose of conducting hearings under 

24 this section, the responsible official is authorized to admin25 ister oaths or affirmations. 


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1 ‘‘(3) Hearings shall be held at the responsible offi2 cial’s office, or at such other place as may be agreed upon 

3 by the respondent and the responsible official. 

4 ‘‘(h) DECISION FOLLOWING HEARING.—The respon5 sible official shall issue a written decision within 60 days 

6 after the conclusion of the hearing. That decision shall set 

7 forth specific findings of fact resolving the genuinely dis8 puted material facts that were the subject of the hearing. 

9 The written decision shall also dispose of the matters 

10 raised in the notice required under paragraph (1) of sub11 section (d). If the responsible official concludes that the 

12 respondent is liable under section 2752 of this title, the 

13 decision shall include the findings of fact and conclusions 

14 of law which the responsible official relied upon in deter15 mining that the respondent is liable, and the amount of 

16 any penalty or assessment to be imposed on the respond17 ent. Any decisions issued under this subparagraph shall 

18 be based on the record before the responsible official and 

19 shall be supported by a preponderance of the evidence. 

20 The responsible official shall promptly send to the re21 spondent a copy of the decision by registered or certified 

22 mail, or other similar commercial means, or shall hand 

23 deliver a copy of the decision. 


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1 ‘‘§ 2754. Payment; interest on late payments 

2 ‘‘(a) PAYMENT OF ASSESSMENTS AND PENALTIES.— 

3 A respondent shall render payment of any assessment and 

4 penalty imposed by a responsible official, or any amount 

5 otherwise agreed to as part of a settlement or adjustment, 

6 not later than the date— 

7 ‘‘(1) that is 30 days after the date of the re8 ceipt by the respondent of the responsible official’s 

9 decision; or 

10 ‘‘(2) as otherwise agreed to by the respondent 

11 and the responsible official. 

12 ‘‘(b) INTEREST.—If there is an unpaid balance as of 

13 the date determined under paragraph (1), interest shall 

14 accrue from that date on any unpaid balance. The rate 

15 of interest charged shall be the rate in effect as of that 

16 date that is published by the Secretary of the Treasury 

17 under section 3717 of title 31. 

18 ‘‘(c) TREATMENT OF RECEIPTS.—All penalties, as19 sessments, or interest paid, collected, or otherwise recov20 ered under this chapter shall be deposited into the Treas21 ury as miscellaneous receipts as provided in section 3302 

22 of title 31. 

23 ‘‘§ 2755. Judicial review 

24 ‘‘A decision by a responsible official under section 

25 2753(d) or 2753(h) of this title shall be final. Any such 


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1 final decision is subject to judicial review only under chap2 ter 7 of title 5. 

3 ‘‘§ 2756. Collection of civil penalties and assessments 

4 ‘‘(a) JUDICIAL ENFORCEMENT OF CIVIL PENALTIES

5 AND ASSESSMENTS.—The Attorney General shall be re6 sponsible for judicial enforcement of any civil penalty or 

7 assessment imposed under this chapter. 

8 ‘‘(b) CIVIL ACTIONS FOR RECOVERY.—Any penalty 

9 or assessment imposed in a decision by a responsible offi10 cial, or amounts otherwise agreed to as part of a settle11 ment or adjustment, along with any accrued interest, may 

12 be recovered in a civil action brought by the Attorney Gen13 eral. In any such action, no matter that was raised or that 

14 could have been raised in a proceeding under this chapter 

15 or pursuant to judicial review under section 2755 of this 

16 title may be raised as a defense, and the determination 

17 of liability and the determination of amounts of penalties 

18 and assessments shall not be subject to review. 

19 ‘‘(c) JURISDICTION OF UNITED STATES DISTRICT

20 COURTS.—The district courts of the United States shall 

21 have jurisdiction of any action commenced by the United 

22 States under subsection (b). 

23 ‘‘(d) JOINING AND CONSOLIDATING ACTIONS.—Any 

24 action under subsection (b) may, without regard to venue 

25 requirements, be joined and consolidated with or asserted 


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1 as a counterclaim, cross-claim, or setoff by the United 

2 States in any other civil action which includes as parties 

3 the United States, and the person against whom such ac4 tion may be brought. 

5 ‘‘(e) JURISDICTION OF UNITED STATES COURT OF

6 FEDERAL CLAIMS.—The United States Court of Federal 

7 Claims shall have jurisdiction of any action under sub8 section (b) to recover any penalty or assessment, or 

9 amounts otherwise agreed to as part of a settlement or 

10 adjustment, along with any accrued interest, if the cause 

11 of action is asserted by the United States as a counter12 claim in a matter pending in such court. The counterclaim 

13 need not relate to the subject matter of the underlying 

14 claim. 

15 ‘‘§ 2757. Right to administrative offset 

16 ‘‘The amount of any penalty or assessment that has 

17 been imposed by a responsible official, or any amount 

18 agreed upon in a settlement or compromise, along with 

19 any accrued interest, may be collected by administrative 

20 offset. 

21 ‘‘§ 2758. Limitations 

22 ‘‘(a) LIMITATION ON PERIOD FOR INITIATION OF AD23 MINISTRATIVE ACTION.—An action under section 2752 of 

24 this title with respect to a claim or statement shall be comVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 menced within six years after the date on which such claim 

2 or statement is made, presented, or submitted. 

3 ‘‘(b) LIMITATION PERIOD FOR INITIATION OF CIVIL

4 ACTION FOR RECOVERY OF ADMINISTRATIVE PENALTY

5 OR ASSESSMENT.—A civil action to recover a penalty or 

6 assessment under section 2756 of this title shall be com7 menced within three years after the date of the decision 

8 of the responsible official imposing the penalty or assess9 ment. 

10 ‘‘§ 2759. Effect on other laws 

11 ‘‘(a) RELATIONSHIP TO TITLE 44 AUTHORITIES.— 

12 This chapter does not diminish the responsibility of the 

13 head of an agency to comply with the provisions of chapter 

14 35 of title 44, relating to coordination of Federal informa15 tion policy. 

16 ‘‘(b) RELATIONSHIP TO TITLE 31 AUTHORITIES.— 

17 The procedures set forth in this chapter apply to the agen18 cies named in section 2751(a) of this title in lieu of the 

19 procedures under chapter 38 of title 31, relating to admin20 istrative remedies for false claims and statements. 

21 ‘‘(c) RELATIONSHIP TO OTHER AUTHORITIES.—Any 

22 action, inaction, or decision under this chapter shall be 

23 based solely upon the information before the responsible 

24 official and shall not limit or restrict any agency of the 

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1 side this chapter, including suspension or debarment, 

2 based upon the same information. Any action, inaction or 

3 decision under this chapter shall not restrict the ability 

4 of the Attorney General to bring judicial action, based 

5 upon the same information as long as such action is not 

6 otherwise prohibited by law.’’. 

7 (2) CLERICAL AMENDMENT.—The tables of 

8 chapters at the beginning of subtitle A, and at the 

9 beginning of part IV of subtitle A, of such title are 

10 each amended by inserting after the item relating to 

11 chapter 163 the following new item: 

‘‘164. Administrative Remedies for False Claims and Statements ......... 2751’’. 

12 (c) CONFORMING AMENDMENTS.—Section 

13 3801(a)(1) of title 31, United States Code, is amended— 

14 (1) by inserting ‘‘(other than the Department of 

15 Defense)’’ in subparagraph (A) after ‘‘executive de16 partment’’; 

17 (2) by striking subparagraph (B); 

18 (3) by redesignating subparagraph (C) as sub19 paragraph (B) and by inserting ‘‘(other than the 

20 National Aeronautics and Space Administration)’’ in 

21 that subparagraph after ‘‘not an executive depart22 ment’’; and 

23 (4) by redesignating subparagraphs (D), (E), 

24 and (F) as subparagraphs (C), (D), and (E), respec25 tively. 


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1 (d) EFFECTIVE DATE.—Chapter 164 of title 10, 

2 United States Code, as added by subsection (b), and the 

3 amendments made by subsection (c), shall apply to any 

4 claim or statement made, presented, or submitted on or 

5 after the date of the enactment of this Act. 

6 SEC. 804. PERMANENT AUTHORITY FOR USE OF SIM7 PLIFIED ACQUISITION PROCEDURES FOR 

8 CERTAIN COMMERCIAL ITEMS. 

9 Section 4202 of the Clinger-Cohen Act of 1996 (divi10 sion D of Public Law 104–106; 10 U.S.C. 2304 note) is 

11 amended by striking subsection (e). 

12 Subtitle B—Amendments to Gen13 eral Contract Authorities, Pro14 cedures, and Limitations 

15 SEC. 811. AUTHORITY FOR DEFENSE CONTRACT AUDIT 

16 AGENCY TO INTERVIEW CONTRACTOR EM17 PLOYEES IN CONNECTION WITH EXAMINA18 TION OF CONTRACTOR RECORDS. 

19 (a) AUTHORITY.—Subsection (a)(1) of section 2313 

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

21 ‘‘, interview employees,’’ after ‘‘is authorized to inspect the 

22 plant’’. 

23 (b) APPLICABILITY.—The amendment made by sub24 section (a) shall apply with respect to contracts entered 


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1 into after the effective date of a revision to the Federal 

2 Acquisition Regulation to implement the amendment. 

3 SEC. 812. EXTENSION TO UNITED STATES TRANSPOR4 TATION COMMAND OF AUTHORITIES RELAT5 ING TO PROHIBITION ON CONTRACTING 

6 WITH THE ENEMY. 

7 Section 831(i)(1) of the National Defense Authoriza8 tion Act for Fiscal Year 2014 (Public Law 113–66; 127 

9 Stat. 813) is amended by inserting ‘‘United States Trans10 portation Command,’’ after ‘‘United States Southern 

11 Command,’’. 

12 SEC. 813. RECHARACTERIZATION OF CHANGES TO MAJOR 

13 AUTOMATED INFORMATION SYSTEM PRO14 GRAMS. 

15 (a) ADDITION TO COVERED DETERMINATION OF A

16 SIGNIFICANT CHANGE.—Subsection (c)(2) of section 

17 2445c of title 10, United States Code, is amended— 

18 (1) by striking ‘‘or’’ at the end of subparagraph 

19 (B); 

20 (2) by striking the period at the end of sub21 paragraph (C) and inserting ‘‘; or’’; and 

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

24 ‘‘(D) the automated information system or 

25 information technology investment failed to 


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1 achieve a full deployment decision within five 

2 years after the Milestone A decision for the pro3 gram or, if there was no Milestone A decision, 

4 the date when the preferred alternative is se5 lected for the program (excluding any time dur6 ing which program activity is delayed as a re7 sult of a bid protest).’’. 

8 (b) REMOVAL OF COVERED DETERMINATION OF A

9 CRITICAL CHANGE.—Subsection (d)(3) of such section is 

10 amended— 

11 (1) by striking subparagraph (A); and 

12 (2) by redesignating subparagraphs (B), (C), 

13 and (D) as subparagraph (A), (B), and (C), respec14 tively. 

15 SEC. 814. EXTENSION OF SPECIAL EMERGENCY PROCURE16 MENT AUTHORITY. 

17 Section 1903(a) of title 41, United States Code, is 

18 amended— 

19 (1) by striking ‘‘or’’ at the end of paragraph 

20 (1); 

21 (2) by striking the period at the end of para22 graph (2) and inserting a semicolon; and 

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

24 paragraphs: 


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1 ‘‘(3) in support of a request from the Depart2 ment of State or the United States Agency for Inter3 national Development to facilitate the provision of 

4 humanitarian assistance, international disaster as5 sistance, or other crisis-related assistance pursuant 

6 to the Foreign Assistance Act of 1961 (22 U.S.C. 

7 2151 et seq.); or 

8 ‘‘(4) in support of an emergency or major dis9 aster (as those terms are defined in section 102 of 

10 the Robert T. Stafford Disaster Relief and Emer11 gency Assistance Act (42 U.S.C. 5122)).’’. 

12 SEC. 815. EXTENSION OF CONTRACT AUTHORITY FOR AD13 VANCED COMPONENT DEVELOPMENT OR 

14 PROTOTYPE UNITS. 

15 (a) EXTENSION OF TERMINATION.—Subsection 

16 (b)(4) of section 819 of the National Defense Authoriza17 tion Act for Fiscal Year 2010 (Public Law 111–84; 10 

18 U.S.C. 2302 note) is amended by striking ‘‘September 30, 

19 2014’’ and inserting ‘‘September 30, 2019’’. 

20 (b) EXTENSION OF REPORT REQUIREMENT.—Sub21 section (c) of such section is amended by striking ‘‘March 

22 30, 2013’’ and inserting ‘‘ March 30, 2018’’. 


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1 SEC. 816. EXCEPTION TO REQUIREMENT TO INCLUDE COST 

2 OR PRICE TO THE GOVERNMENT AS A FAC3 TOR IN THE EVALUATION OF PROPOSALS 

4 FOR CERTAIN TASK OR DELIVERY ORDER 

5 CONTRACTS. 

6 (a) CONTRACTING UNDER TITLE 41, UNITED

7 STATES CODE.—Section 3306(c) of title 41, United States 

8 Code, is amended— 

9 (1) in paragraph (1), by inserting ‘‘except as 

10 provided in paragraph (3),’’ in subparagraphs (B) 

11 and (C) after the subparagraph designation; and 

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

13 paragraphs: 

14 ‘‘(3) EXCEPTIONS FOR CERTAIN INDEFINITE

15 DELIVERY, INDEFINITE QUANTITY CONTRACTS.—If 

16 the head of an agency issues a solicitation for mul17 tiple task or delivery order contracts under section 

18 4103(d) of this title for the same or similar services 

19 and intends to make a contract award to each quali20 fying offeror— 

21 ‘‘(A) cost or price to the Federal Govern22 ment need not, at the Government’s discretion, 

23 be considered under subparagraph (B) of para24 graph (1) as an evaluation factor for the con25 tract award; and 


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1 ‘‘(B) if, pursuant to subparagraph (A), 

2 cost or price to the Federal Government is not 

3 considered as an evaluation factor for the con4 tract award— 

5 ‘‘(i) the disclosure requirement of sub6 paragraph (C) of paragraph (1) shall not 

7 apply; and 

8 ‘‘(ii) cost or price to the Federal Gov9 ernment shall be considered in conjunction 

10 with the issuance pursuant to section 

11 4106(c) of this title of a task or delivery 

12 order under any contract resulting from 

13 the solicitation. 

14 ‘‘(4) QUALIFYING OFFEROR DEFINED.—In 

15 paragraph (3), the term ‘qualifying offeror’ means 

16 an offeror that— 

17 ‘‘(A) is determined to be a responsible 

18 source; 

19 ‘‘(B) submits a proposal that conforms to 

20 the requirements of the solicitation; and 

21 ‘‘(C) the contracting officer has no reason 

22 to believe would likely offer other than fair and 

23 reasonable pricing.’’. 


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1 (b) CONTRACTING UNDER TITLE 10, UNITED

2 STATES CODE.—Section 2305(a)(3) of title 10, United 

3 States Code, is amended— 

4 (1) in subparagraph (A), by inserting ‘‘(except 

5 as provided in subparagraph (C))’’ in clauses (ii) 

6 and (iii) after ‘‘shall’’; and 

7 (2) by adding at the end the following new sub8 paragraphs: 

9 ‘‘(C) If the head of an agency issues a solicitation 

10 for multiple task or delivery order contracts under section 

11 2304a(d)(1)(B) of this title for the same or similar serv12 ices and intends to make a contract award to each quali13 fying offeror— 

14 ‘‘(i) cost or price to the Federal Government 

15 need not, at the Government’s discretion, be consid16 ered under clause (ii) of subparagraph (A) as an 

17 evaluation factor for the contract award; and 

18 ‘‘(ii) if, pursuant to clause (i), cost or price to 

19 the Federal Government is not considered as an 

20 evaluation factor for the contract award— 

21 ‘‘(I) the disclosure requirement of 

22 clause (iii) of subparagraph (A) shall not 

23 apply; and 

24 ‘‘(II) cost or price to the Federal Gov25 ernment shall be considered in conjunction 


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1 with the issuance pursuant to section 

2 2304c(b) of this title of a task or delivery 

3 order under any contract resulting from 

4 the solicitation. 

5 ‘‘(D) In subparagraph (C), the term ‘qualifying offer6 or’ means an offeror that— 

7 ‘‘(i) is determined to be a responsible source; 

8 ‘‘(ii) submits a proposal that conforms to the 

9 requirements of the solicitation; and 

10 ‘‘(iii) the contracting officer has no reason to 

11 believe would likely offer other than fair and reason12 able pricing.’’. 

13 SEC. 817. AUTHORITY FOR WAIVER OF COMPETITIVE 

14 PROTOTYPING REQUIREMENT FOR MAJOR 

15 DEFENSE ACQUISITION PROGRAMS IN CASE 

16 OF PROGRAMS WITH NO RISK REDUCTION 

17 PHASE ACTIVITIES. 

18 (a) WAIVER AUTHORITY.—Subsection (a) of section 

19 203 of the Weapon Systems Acquisition Reform Act of 

20 2009 (Public Law 111–23; 10 U.S.C. 2430 note) is 

21 amended— 

22 (1) in paragraph (2)— 

23 (A) by redesignating subparagraphs (A) 

24 and (B) as subparagraphs (B) and (C), respec25 tively; and 


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1 (B) by inserting before subparagraph (B), 

2 as so redesignated, the following new subpara3 graph (A): 

4 ‘‘(A) on the basis that there are no risk re5 duction phase activities;’’; and 

6 (2) in paragraph (3), by inserting ‘‘other than 

7 on the basis that there are no risk reduction phase 

8 activities,’’ in the matter preceding subparagraph 

9 (A) after ‘‘pursuant to paragraph (2),’’. 

10 (b) CONFORMING CROSS-REFERENCE AMEND11 MENT.—Subsection (b)(1) of such section is amended by 

12 striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph 

13 (2)(B)’’. 

14 (c) REPEAL OF OBSOLETE REFERENCES.—Sub15 section (a) of such section is further amended by striking 

16 ‘‘(or Key Decision Point B approval in the case of a space 

17 program)’’ in paragraphs (1) and (3)(A). 

18 (d) TECHNICAL AMENDMENTS.—Such subsection is 

19 further amended in the matter preceding paragraph (1)— 

20 (1) by striking ‘‘Not later than 90 days after 

21 the date of the enactment of this Act, the’’ and in22 serting ‘‘The’’; and 

23 (2) by striking ‘‘modify’’ and inserting ‘‘provide 

24 for’’. 


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1 SEC. 818. EXTENSION OF AUTHORITY FOR ADDITIONAL AC2 CESS TO CONTRACTOR AND SUBCON3 TRACTOR RECORDS IN A CONTINGENCY OP4 ERATION. 

5 (a) EXTENSION OF AUTHORITY TO ADDITIONAL RE6 GIONAL COMBATANT COMMANDS.—Section 842 of the Na7 tional Defense Authorization Act for Fiscal Year 2012 

8 (Public Law 112–81; 125 Stat. 1513; 10 U.S.C. 2313 

9 note) is amended— 

10 (1) in subsection (a)(3), by striking ‘‘Com11 mander of the United States Central Command’’ 

12 and inserting ‘‘commander of the covered combatant 

13 command concerned’’; and 

14 (2) in subsection (c)— 

15 (A) , striking ‘‘the United States Central 

16 Command theater of operations’’ in paragraph 

17 (2) and inserting ‘‘the theater of operations of 

18 a covered combatant command’’; and 

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

20 paragraph: 

21 ‘‘(3) The term ‘covered combatant command’ 

22 means the following: 

23 ‘‘(A) The United States Central Command. 

24 ‘‘(B) The United States European Com25 mand. 


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1 ‘‘(C) The United States Southern Com2 mand. 

3 ‘‘(D) The United States Pacific Command. 

4 ‘‘(E) The United States Africa Command. 

5 ‘‘(F) The United States Northern Com6 mand.’’. 

7 (b) REDUCTION IN AMOUNT OF COVERED CON8 TRACTS, AGREEMENTS, ETC.—Subsections (a)(4) and 

9 (c)(2) of such section are amended by striking ‘‘$100,000’’ 

10 and inserting ‘‘$50,000’’. 

11 (c) CLARIFICATION OF GEOGRAPHIC APPLICA12 BILITY.—Subsection (c)(2) of such section is further 

13 amended by inserting ‘‘outside the United States (includ14 ing its territories and possessions) and’’ after ‘‘that will 

15 be performed’’. 

16 (d) EXTENSION OF SUNSET DATE.—Subsection (d) 

17 of such section is amended by striking ‘‘the date that is 

18 three years after the date of the enactment of this Act’’ 

19 and inserting ‘‘December 31, 2018’’. 

20 (e) APPLICABILITY.—Subsection (a) of such section 

21 is further amended— 

22 (1) by striking ‘‘Not later than 30 days after 

23 the date of the enactment of this Act, the’’ and in24 serting ‘‘The’’; 


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1 (2) by striking ‘‘revise’’ and inserting ‘‘require 

2 through’’; 

3 (3) by striking ‘‘to require’’ and all that follows 

4 through ‘‘(A) the clause’’ and inserting ‘‘that the 

5 clause’’; and 

6 (4) by striking ‘‘that is awarded on’’ and all 

7 that follows in such subsection and inserting a pe8 riod. 

9 (f) CONFORMING AMENDMENT.—The heading of 

10 such section is amended to read as follows: 

11 ‘‘SEC. 842. ADDITIONAL ACCESS TO CONTRACTOR AND SUB12 CONTRACTOR RECORDS IN A CONTINGENCY 

13 OPERATION.’’. 

14 SEC. 819. MODIFICATION OF LIMITATIONS ON PROCURE15 MENT OF PHOTOVOLTAIC DEVICES BY THE 

16 DEPARTMENT OF DEFENSE. 

17 Subsection (b)(1) of section 846 of the Ike Skelton 

18 National Defense Authorization Act for Fiscal Year 2011 

19 (Public Law 111–383; 124 Stat. 4285; 10 U.S.C. 2534 

20 note) is amended by striking ‘‘and’’ at the end and insert21 ing ‘‘or’’. 


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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 SEC. 901. IMPLEMENTATION OF THE DECEMBER 2013 SEC5 RETARY OF DEFENSE PLAN FOR REORGA6 NIZATION OF THE OFFICE OF THE SEC7 RETARY OF DEFENSE AND IMPLEMENTATION 

8 OF THE ELIMINATION OF DEPUTY UNDER 

9 SECRETARY OF DEFENSE POSITIONS. 

10 (a) REDESIGNATION OF ASSISTANT SECRETARY OF

11 DEFENSE FOR OPERATIONAL ENERGY PLANS AND PRO12 GRAMS TO REFLECT MERGER WITH DEPUTY UNDER

13 SECRETARY OF DEFENSE FOR INSTALLATIONS AND ENVI14 RONMENT; CLARIFICATION OF POLICY AND RESPONSIBIL15 ITIES.— 

16 (1) REDESIGNATION OF POSITION.—Paragraph 

17 (9) of subsection 138(b) of title 10, United States 

18 Code, is amended to read as follows: 

19 ‘‘(9) One of the Assistant Secretaries is the Assistant 

20 Secretary of Defense for Installations, Energy, and Envi21 ronment. The Assistant Secretary is the principal advisor 

22 to the Secretary of Defense and the Under Secretary of 

23 Defense for Acquisition, Technology, and Logistics on 

24 matters relating to installations, energy, and environ25 ment.’’. 


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1 (2) TRANSFER OF POLICY PROVISIONS.—Chap2 ter 173 of such title is amended— 

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

4 section: 

5 ‘‘§ 2926. Operational energy activities’’; 

6 (B) by transferring paragraph (3) of sec7 tion 138c(c) of such title to section 2926, as 

8 added by subparagraph (A), inserting such 

9 paragraph after the section heading, and redes10 ignated such paragraph as subsection (a); 

11 (C) in subsection (a) (as so inserted and 

12 redesignated)— 

13 (i) By inserting ‘‘ALTERNATIVE FUEL

14 ACTIVITIES.—’’ before ‘‘The Assistant Sec15 retary’’; 

16 (ii) by redesignating subparagraphs 

17 (A) through (E) as paragraphs (1) through 

18 (5), respectively; and 

19 (iii) in paragraph (5) (as so redesig20 nated), by striking ‘‘subsection (e)(4)’’ and 

21 inserting ‘‘subsection (c)(4)’’; 

22 (D) by transferring subsections (d), (e), 

23 and (f) of section 138c of such title to section 

24 2926, as added by subparagraph (A), inserting 

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1 ferred and redesignated by subparagraph (B)), 

2 and redesignating those subsections as sub3 sections (b), (c), and (d), respectively; 

4 (E) in subsections (a), (b), (c), and (d) of 

5 section 2926 (as transferred and redesignated 

6 by subparagraphs (B) and (D)), by inserting 

7 ‘‘of Defense for Installations, Energy, and En8 vironment’’ after ‘‘Assistant Secretary’’ the first 

9 place it appears in each such subsection; and 

10 (F) in subsection (b) of section 2926 (as 

11 transferred and redesignated by subparagraph 

12 (D)), by striking ‘‘provide guidance to, and con13 sult with, the Secretary of Defense, the Deputy 

14 Secretary of Defense, the Secretaries of the 

15 military departments,’’ and inserting ‘‘make 

16 recommendations to the Secretary of Defense 

17 and Deputy Secretary of Defense and provide 

18 guidance to the Secretaries of the military de19 partments’’. 

20 (3) REPEAL OF FORMER PROVISION.—Sections 

21 138c of such title is repealed. 

22 (b) DEPUTY CHIEF MANAGEMENT OFFICER.—Sub23 section (b) of section 132a of such title is amended to read 

24 as follows: 


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1 ‘‘(b) RESPONSIBILITIES.—Subject to the authority, 

2 direction, and control of the Secretary of Defense, the 

3 Deputy Chief Management Officer shall perform such du4 ties and exercise such powers as the Secretary may pre5 scribe. The Deputy Chief Management Officer shall— 

6 ‘‘(1) assist the Deputy Secretary of Defense in 

7 the Deputy Secretary’s capacity as Chief Manage8 ment Officer of the Department of Defense under 

9 section 132(c) of this title and perform those duties 

10 assigned by the Secretary of Defense or delegated by 

11 the Deputy Secretary pursuant to section 904(a)(2) 

12 of the National Defense Authorization Act for Fiscal 

13 Year 2008 (Public Law 110–181; 10 U.S.C. 132 

14 note); 

15 ‘‘(2) assist the Deputy Secretary of Defense in 

16 the Deputy Secretary’s capacity as the Chief Oper17 ating Officer of the Department of Defense under 

18 section 1123 of title 31; 

19 ‘‘(3) establish policies for the strategic manage20 ment and integration of the Department of Defense 

21 business operations and activities; 

22 ‘‘(4) have the responsibilities specified for the 

23 Deputy Chief Management Officer for the purposes 

24 of section 2222 of this title; and 


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1 ‘‘(5) be the Performance Improvement Officer 

2 of the Department of Defense for the purposes of 

3 section 1124(a)(1) of title 31.’’. 

4 (c) CHIEF INFORMATION OFFICER OF THE DEPART5 MENT OF DEFENSE.— 

6 (1) STATUTORY ESTABLISHMENT OF POSI7 TION.—Chapter 4 of such title is further amended 

8 by inserting after section 141 the following new sec9 tion: 

10 ‘‘§ 142. Chief Information Officer 

11 ‘‘(a) There is a Chief Information Officer of the De12 partment of Defense. 

13 ‘‘(b)(1) The Chief Information Officer of the Depart14 ment of Defense— 

15 ‘‘(A) is the Chief Information Officer of the De16 partment of Defense for the purposes of sections 

17 3506(a)(2) and 3544(a)(3) of title 44; 

18 ‘‘(B) has the responsibilities and duties speci19 fied in section 11315 of title 40; and 

20 ‘‘(C) has the responsibilities specified for the 

21 Chief Information Officer in sections 2222, 2223(a), 

22 and 2224 of this title. 

23 ‘‘(2) The Chief Information Officer shall perform 

24 such additional duties and exercise such powers as the 

25 Secretary of Defense may prescribe. 


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1 ‘‘(c) The Chief Information Officer takes precedence 

2 in the Department of Defense with the officials serving 

3 in positions specified in section 131(b)(4) of this title. The 

4 officials serving in positions specified in section 131(b)(4) 

5 and the Chief Information Officer of the Department of 

6 Defense take precedence among themselves in the order 

7 prescribed by the Secretary of Defense.’’. 

8 (2) PLACEMENT IN THE OFFICE OF THE SEC9 RETARY OF DEFENSE.—Section 131(b) of such title 

10 is amended— 

11 (A) by redesignating paragraphs (5) 

12 through (8) as paragraphs (6) through (9), re13 spectively; and 

14 (B) by inserting after paragraph (4) the 

15 following new paragraph (5): 

16 ‘‘(5) The Chief Information Officer of the De17 partment of Defense.’’. 

18 (d) REPEAL OF REQUIREMENT FOR DEFENSE BUSI19 NESS SYSTEM MANAGEMENT COMMITTEE.—Section 186 

20 of title 10, United States Code, is repealed. 

21 (e) ASSIGNMENT OF RESPONSIBILITY FOR DEFENSE

22 BUSINESS SYSTEMS.—Section 2222 of such title is 

23 amended— 

24 (1) in subsection (a)— 


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1 (A) by inserting ‘‘and’’ at the end of para2 graph (1); 

3 (B) by striking ‘‘; and’’ at the end of para4 graph (2) and inserting a period; and 

5 (C) by striking paragraph (3); 

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

7 Business Systems Management Committee’’ and in8 serting ‘‘investment review board established under 

9 subsection (g)’’; and 

10 (3) in subsection (g)— 

11 (A) in paragraph (1), by striking ‘‘, not 

12 later than March 15, 2012,’’; 

13 (B) in paragraph (2)(C), by striking 

14 ‘‘each’’ the first place it appears and inserting 

15 ‘‘the’’; and 

16 (C) in paragraph (2)(F), by striking ‘‘and 

17 the Defense Business Systems Management 

18 Committee, as required by section 186(c) of 

19 this title,’’. 

20 (f) DEADLINE FOR ESTABLISHMENT OF INVEST21 MENT REVIEW BOARD AND INVESTMENT MANAGEMENT

22 PROCESS.—The investment review board and investment 

23 management process required by section 2222(g) of title 

24 10, United States Code, as amended by subsection (e)(5), 

25 shall be established not later than March 15, 2015. 


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1 (g) ELIMINATION AND INTEGRATION OF SEPARATE

2 STATUTORY SECTIONS FOR CERTAIN PRESCRIBED AS3 SISTANT SECRETARY OF DEFENSE POSITIONS.—Chapter 

4 4 of title 10, United States Code, is further amended as 

5 follows: 

6 (1) ASSISTANT SECRETARY OF DEFENSE FOR

7 LOGISTICS AND MATERIEL READINESS.—Paragraph 

8 (7) of section 138(b) is amended— 

9 (A) by inserting after ‘‘Readiness’’ in the 

10 first sentence the following: ‘‘who shall be ap11 pointed from among persons with an extensive 

12 background in the sustainment of major weap13 ons systems and combat support equipment’’; 

14 (B) by striking the second sentence; 

15 (C) by transferring to the end of that 

16 paragraph (as amended by subparagraph (B)) 

17 the text of subsection (b) of section 138a of 

18 such title; 

19 (D) by transferring to the end of that 

20 paragraph (as amended by subparagraph (C)) 

21 the text of subsection (c) of section 138a of 

22 such title; and 

23 (E) by redesignating paragraphs (1) 

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1 graph (C) of this paragraph as subparagraphs 

2 (A) through (C), respectively. 

3 (2) ASSISTANT SECRETARY OF DEFENSE FOR

4 RESEARCH AND ENGINEERING.—Paragraph (8) of 

5 such section is amended— 

6 (A) by striking the second sentence and in7 serting the text of subsection (a) of section 

8 138b; 

9 (B) by inserting after the text added by 

10 subparagraph (A) of this paragraph the fol11 lowing: ‘‘The Assistant Secretary, in consulta12 tion with the Deputy Assistant Secretary of De13 fense for Developmental Test and Evaluation, 

14 shall—’’; 

15 (C) by transferring paragraphs (1) and (2) 

16 of subsection (b) of section 138b to the end of 

17 that paragraph (as amended by subparagraphs 

18 (A) and (B)), indenting those paragraphs 2 ems 

19 from the left margin, and redesignating those 

20 paragraphs as subparagraphs (A) and (B), re21 spectively; 

22 (D) in subparagraph (A) (as so transferred 

23 and redesignated)— 


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1 (i) by striking ‘‘The Assistant Sec2 retary’’ and all that follows through ‘‘Test 

3 and Evaluation, shall’’; and 

4 (ii) by striking the period at the end 

5 and inserting ‘‘; and’’; and 

6 (E) in subparagraph (B) (as so transferred 

7 and redesignated), by striking ‘‘The Assistant 

8 Secretary’’ and all that follows through ‘‘Test 

9 and Evaluation, shall’’. 

10 (3) ASSISTANT SECRETARY OF DEFENSE FOR

11 NUCLEAR, CHEMICAL, AND BIOLOGICAL DEFENSE

12 PROGRAMS.—Paragraph (10) of such section is 

13 amended— 

14 (A) by striking the second sentence and in15 serting the text of subsection (b) of section 

16 138d; and 

17 (B) by inserting after the text added by 

18 subparagraph (A) of this paragraph the text of 

19 subsection (a) of such section and in that text 

20 as so inserted— 

21 (i) by striking ‘‘of Defense for Nu22 clear, Chemical, and Biological Defense 

23 Programs’’; and 


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1 (ii) by redesignating paragraphs (1) 

2 through (3) as subparagraphs (A) through 

3 (C), respectively. 

4 (4) REPEAL OF SEPARATE SECTIONS.—Sections 

5 138a, 138b, and 138d are repealed. 

6 (h) CODIFICATION OF RESTRICTIONS ON USE OF

7 THE DEPUTY UNDER SECRETARY OF DEFENSE TITLE.— 

8 (1) CODIFICATION.—Section 137a(a) of title 

9 10, United States Code, is amended by adding at 

10 the end the following new paragraph: 

11 ‘‘(3) The officials authorized under this section shall 

12 be the only Deputy Under Secretaries of Defense.’’. 

13 (2) CONFORMING REPEAL.—Section 906(a)(2) 

14 of the National Defense Authorization Act for Fiscal 

15 Year 2010 (Public Law 111–84; 123 Stat. 2426; 10 

16 U.S.C. 137a note) is repealed. 

17 (3) CONFORMING AMENDMENT FOR THE VA18 CANCY REFORM ACT OF 1998.—Section 137a(b) of 

19 title 10, United States Code, is amended by striking 

20 ‘‘is absent or disabled’’ and inserting ‘‘dies, resigns, 

21 or is otherwise unable to perform the functions and 

22 duties of the office’’. 

23 (i) CLARIFICATION OF ORDER OF PRECEDENCE FOR

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1 FENSE AND THE ASSISTANT SECRETARIES OF DE2 FENSE.— 

3 (1) Subsection (d) of section 137a of title 10, 

4 United States Code, is amended by striking ‘‘and 

5 the Deputy Chief Management Officer of the De6 partment of Defense’’ and inserting ‘‘the Deputy 

7 Chief Management Officer of the Department of De8 fense, and the officials serving in the positions speci9 fied in section 131(b)(4) of this title and the Chief 

10 Information Officer of the Department of Defense’’. 

11 (2) Subsection (d) of section 138 of such title 

12 is amended by inserting ‘‘and the Chief Information 

13 Officer of the Department of Defense’’ after ‘‘section 

14 131(b)(4) of this title’’. 

15 (j) CONFORMING AMENDMENT TO PRIOR REDUC16 TION IN THE NUMBER OF ASSISTANT SECRETARIES OF

17 DEFENSE.—Section 5315 of title 5, United States Code, 

18 is amended by striking ‘‘Assistant Secretaries of Defense 

19 (16)’’ and inserting ‘‘Assistant Secretaries of Defense 

20 (14)’’. 

21 (k) CLERICAL AND CONFORMING AMENDMENTS.— 

22 Title 10, United States Code, is amended as follows: 

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

24 chapter 4 is amended— 


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1 (A) by striking the items relating to sec2 tions 138a, 138b, 138c, and 138d; and 

3 (B) by inserting after the item relating to 

4 section 141 the following new item: 

‘‘142. Chief Information Officer.’’. 

5 (2) Section 131(b)(8), as redesignated by sub6 section (c)(2)(A), is amended— 

7 (A) by redesignating subparagraphs (A) 

8 through (H) as subparagraphs (B) through (I), 

9 respectively; and 

10 (B) by inserting before subparagraph (B), 

11 as redesignated by subparagraph (A) of this 

12 paragraph, the following new subparagraph (A): 

13 ‘‘(A) The two Deputy Directors within the Of14 fice of the Director of Cost Assessment and Pro15 gram Evaluation under section 139a(c) of this 

16 title.’’. 

17 (3) Section 132(b) is amended by striking ‘‘is 

18 disabled or there is no Secretary of Defense’’ and in19 serting ‘‘dies, resigns, or is otherwise unable to per20 form the functions and duties of the office’’. 

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

22 chapter 7 is amended by striking the item relating 

23 to section 186. 


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

2 subchapter III of chapter 173 is amended by adding 

3 at the end the following new item: 

‘‘2926. Operational energy activities.’’. 

4 (6) Section 2925(b) is amended by striking 

5 ‘‘Operational Energy Plans and Programs’’ and in6 serting ‘‘Installations, Energy, and Environment’’. 

7 (l) REFERENCES IN OTHER LAWS, ETC.—Any ref8 erence in any provision or law other than title 10, United 

9 States Code, or in any rule, regulation, or other paper of 

10 the United States, to the Assistant Secretary of Defense 

11 for Operational Energy Plans and Programs or to the 

12 Deputy Under Secretary of Defense for Installations and 

13 Environment shall be treated as referring to the Assistant 

14 Secretary of Defense for Installations, Energy, and Envi15 ronment. 

16 SEC. 902. REVISION OF SECRETARY OF DEFENSE AUTHOR17 ITY TO ENGAGE IN COMMERCIAL ACTIVITIES 

18 AS SECURITY FOR INTELLIGENCE COLLEC19 TION ACTIVITIES. 

20 (a) PERMANENT AUTHORITY.—Section 431(a) of 

21 title 10, United States Code, is amended by striking the 

22 last sentence. 

23 (b) PERIOD FOR REQUIRED AUDITS.—Section 

24 432(b)(2) of such title is amended by striking ‘‘annually’’ 

25 in the first sentence and inserting ‘‘biennially’’. 


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1 SEC. 903. PERMANENT AUTHORITY RELATING TO JURIS2 DICTION OVER DEPARTMENT OF DEFENSE 

3 FACILITIES FOR INTELLIGENCE COLLECTION 

4 OR SPECIAL OPERATIONS ACTIVITIES 

5 ABROAD. 

6 Section 926 of the National Defense Authorization 

7 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

8 1541) is amended by striking subsection (b). 

9 SEC. 904. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

10 REIMBURSEMENT OF COSTS OF ACTIVITIES 

11 FOR NONGOVERNMENTAL PERSONNEL AT 

12 DEPARTMENT OF DEFENSE REGIONAL CEN13 TERS FOR SECURITY STUDIES. 

14 Section 941(b) of the Duncan Hunter National De15 fense Authorization Act for Fiscal Year 2009 (Public Law 

16 110–417; 10 U.S.C. 184 note) is amended— 

17 (1) in paragraph (1), by striking ‘‘through 

18 2014’’ and inserting ‘‘through 2015’’; and 

19 (2) by striking paragraphs (2) and (3). 

20 SEC. 905. ONE-YEAR EXTENSION OF AUTHORIZATION FOR 

21 NON-CONVENTIONAL ASSISTED RECOVERY 

22 CAPABILITIES. 

23 (a) EXTENSION.—Subsection (h) of section 943 of 

24 the Duncan Hunter National Defense Authorization Act 

25 for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

26 4579), as most recently amended by section 1241 of the 


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1 National Defense Authorization Act for Fiscal Year 2014 

2 (Public Law 113–66; 127 Stat. 920), is further amended 

3 by striking ‘‘2015’’ and inserting ‘‘2016’’. 

4 (b) CROSS-REFERENCE AMENDMENT.—Subsection 

5 (f) of such section is amended by striking ‘‘413b(e)’’ and 

6 inserting ‘‘3093(e)’’. 

7 SEC. 906. AUTHORITY FOR SECRETARY OF DEFENSE TO EN8 GAGE IN COMMERCIAL ACTIVITIES AS SECU9 RITY FOR MILITARY OPERATIONS ABROAD. 

10 (a) AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVI11 TIES AS SECURITY FOR MILITARY OPERATIONS.—Sub12 section (a) of section 431 of title 10, United States Code, 

13 is amended by inserting ‘‘and military operations’’ after 

14 ‘‘intelligence collection activities’’. 

15 (b) CONGRESSIONAL COMMITTEE REFERENCES.— 

16 (1) DEFINITIONS.—Subsection (c) of such sec17 tion is amended by adding at the end the following 

18 new paragraphs: 

19 ‘‘(3) The term ‘congressional intelligence com20 mittees’ has the meaning given that term in section 

21 3 of the National Security Act of 1947 (50 U.S.C. 

22 3003). 

23 ‘‘(4) The term ‘appropriate congressional com24 mittees’ means— 


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1 ‘‘(A) with respect to a matter that pertains 

2 to a commercial activity undertaken under this 

3 subchapter to provide security for intelligence 

4 collection activities, the congressional defense 

5 committees and the congressional intelligence 

6 committees; and 

7 ‘‘(B) with respect to a matter that pertains 

8 to a commercial activity undertaken under this 

9 subchapter to provide security for military oper10 ations, the Committee on Armed Services of the 

11 Senate and the Committee on Armed Services 

12 of the House of Representatives.’’. 

13 (2) CONFORMING AMENDMENT.—Section 437 

14 of such title is amended by striking subsection (c). 

15 (c) REPORTING OF AUDITS.—The second sentence of 

16 section 432(b)(2) of such title is amended to read as fol17 lows: ‘‘The results of any such audit shall be promptly re18 ported to the appropriate congressional committees.’’. 

19 (d) AUTHORITY TO WAIVE OTHER FEDERAL LAWS

20 WHEN NECESSARY TO MAINTAIN SECURITY.—Section 

21 433(b)(1) of such title is amended by inserting ‘‘or mili22 tary operation’’ after ‘‘intelligence activity’’. 

23 (e) LIMITATIONS.—Section 435 of such title is 

24 amended— 


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1 (1) in subsection (a), by inserting ‘‘or military 

2 operation’’ after ‘‘intelligence activity’’; and 

3 (2) in subsection (b), by inserting ‘‘or military 

4 operations’’ after ‘‘intelligence activities’’. 

5 (f) CONGRESSIONAL OVERSIGHT.—Section 437 of 

6 such title is amended by striking ‘‘congressional defense 

7 committees and the congressional intelligence committees’’ 

8 in subsections (a) and (b) and inserting ‘‘appropriate con9 gressional committees’’. 

10 (g) CLERICAL AMENDMENTS.— 

11 (1) SUBCHAPTER HEADING.—(A) The heading 

12 of subchapter II of chapter 21 of such title is 

13 amended to read as follows: 

14 ‘‘SUBCHAPTER II—DEFENSE COMMERCIAL 

15 ACTIVITIES’’. 

16 (B) The item relating to that subchapter in the 

17 table of subchapters at the beginning of such chap18 ter is amended to read as follows: 

‘‘II. Defense Commercial Activities .......................................................... 431.’’. 

19 (2) SECTION HEADING.—(A) The heading of 

20 section 431 of such title is amended to read as fol21 lows: 


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1 ‘‘§ 431. Authority to engage in commercial activities 

2 as security for intelligence collection ac3 tivities and military operations’’. 

4 (B) The item relating to that section in the 

5 table of sections at the beginning of subchapter II 

6 of chapter 21 of such title is amended to read as fol7 lows: 

‘‘431. Authority to engage in commercial activities as security for intelligence 

collection activities and military operations.’’. 

8 SEC. 907. STATUTORY STREAMLINING TO ENABLE DEFENSE 

9 COMMISSARY AGENCY TO BECOME PAR10 TIALLY SELF-SUSTAINING. 

11 (a) COMPETITION REQUIREMENTS FOR CON12 TRACTS.—Section 2304(c)(5) of title 10, United States 

13 Code, is amended by striking ‘‘brand-name’’. 

14 (b) PURPOSE OF THE COMMISSARY SYSTEM.—Sec15 tion 2481 of such title is amended— 

16 (1) in subsection (a), by striking ‘‘, at reduced 

17 prices,’’; 

18 (2) in subsection (b)— 

19 (A) by inserting ‘‘each’’ before ‘‘intended’’; 

20 and 

21 (B) by inserting ‘‘and provide access to 

22 products for’’ after ‘‘life of’’; and 

23 (3) by striking subsection (d). 


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1 (c) CRITERIA FOR ESTABLISHMENT OR CLOSURE OF

2 COMMISSARY STORES.— 

3 (1) CRITERIA FOR ESTABLISHMENT.—Sub4 section (a) of section 2482 of such title is amend5 ed— 

6 (A) by inserting ‘‘(1)’’ after ‘‘ESTABLISH7 MENT.—’’; 

8 (B) by redesignating paragraphs (1) and 

9 (2) as subparagraphs (A) and (B), respectively; 

10 (C) in subparagraph (A), as so redesig11 nated, by inserting ‘‘outside the United States’’ 

12 after ‘‘commissary store’’; and 

13 (D) by adding at the end the following new 

14 paragraph: 

15 ‘‘(2) The feasibility of cost recovery shall be the 

16 primary consideration whenever the Secretary of De17 fense— 

18 ‘‘(A) assesses the need to establish a com19 missary store in the United States; and 

20 ‘‘(B) selects the actual location for the 

21 store.’’. 

22 (2) CRITERIA FOR CLOSURE.—Paragraph (1) of 

23 subsection (c) of such section is amended by striking 

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1 sessing whether to close a commissary store, the fol2 lowing shall be primary considerations in such as3 sessment: 

4 ‘‘(A) The extent by which the operation of the 

5 commissary store is able to recover costs. 

6 ‘‘(B) The effect of the closure on the quality of 

7 life of members of the armed forces on active duty 

8 and their dependents who use the store and on the 

9 welfare and security of the military community in 

10 which the commissary is located.’’. 

11 (d) FINANCING OF COMMISSARY SYSTEM OPERATING

12 EXPENSES AND INVENTORIES.— 

13 (1) IN GENERAL.—Section 2483 of such title is 

14 amended to read as follows: 

15 ‘‘§ 2483. Commissary stores: use of defense working 

16 capital funds to cover operating expenses 

17 and to finance resale inventories 

18 ‘‘(a) OPERATION OF AGENCY AND SYSTEM.—Except 

19 as otherwise provided in this title, working capital funds 

20 established under section 2208 of this title shall be used 

21 to fund the operations and merchandise resale inventories 

22 of the defense commissary system. Those working capital 

23 funds shall be credited with such amounts as are appro24 priated for such purposes and with receipts described in 

25 subsections (c) and (d). 


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1 ‘‘(b) OPERATING EXPENSES.—Working capital funds 

2 established under section 2208 of this title shall be used 

3 to finance operating expenses of the defense commissary 

4 system and the acquisition of merchandise resale inven5 tories. Operating expenses of the defense commissary sys6 tem include the following: 

7 ‘‘(1) Salaries and wages of employees of the 

8 United States, host nations, and contractors sup9 porting commissary store operations. 

10 ‘‘(2) Utilities. 

11 ‘‘(3) Communications. 

12 ‘‘(4) Operating supplies and services. 

13 ‘‘(5) Second destination transportation costs as 

14 authorized by section 2643 of this title. 

15 ‘‘(6) Any cost associated with above-store-level 

16 management or other indirect support of a com17 missary store or a central product processing facil18 ity, including equipment maintenance and informa19 tion technology costs. 

20 ‘‘(c) FUNDING OF COMMISSARY OPERATIONS.—(1) 

21 The defense commissary system shall be managed with the 

22 objectives of attaining— 

23 ‘‘(A) uniform system-wide pricing; and 

24 ‘‘(B) a proportional allocation of funding 

25 sources for operating expenses. 


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1 ‘‘(2) The Secretary of Defense shall seek to achieve 

2 the objective of attaining a proportional allocation of fund3 ing sources for operating expenses for the defense com4 missary system as follows: 

5 ‘‘(A) The Secretary shall prepare an estimation 

6 of the portion of the total operating expenses for the 

7 defense commissary system that are allocable to op8 erations overseas and at commissaries within the 

9 United States that are designated by the Secretary 

10 for appropriated fund support. 

11 ‘‘(B) The portion of operating expenses esti12 mated under subparagraph (A) shall be programmed 

13 to be financed through annual appropriations for de14 fense working capital funds. 

15 ‘‘(C) The estimation of the remaining portion of 

16 operating expenses for the defense commissary sys17 tem shall be financed as described in paragraph (3) 

18 and shall be used to establish prices for commissary 

19 merchandise and services consistent with the objec20 tive of attaining uniform system-wide pricing. 

21 ‘‘(3) The portion of operating expenses for the de22 fense commissary system that are not financed from ap23 propriations for defense working capital funds shall be fi24 nanced from receipts from the following (and from the ex25 ercise of authority provided by section 2208 of this title): 


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1 ‘‘(A) The sale of products. 

2 ‘‘(B) The sale of services. 

3 ‘‘(C) Such other receipts generated from com4 missary activities, except for surcharge collections 

5 authorized by section 2484(e) of this title, as des6 ignated by the Secretary of Defense. 

7 ‘‘(d) FUNDING OF MERCHANDISE RESALE INVEN8 TORIES.—Prices established for resale merchandise shall 

9 include amounts sufficient to finance replenishment of in10 ventories.’’. 

11 (2) CLERICAL AMENDMENT.—The item relating 

12 to such section in the table of sections at the begin13 ning of subchapter I of chapter 147 of such title is 

14 amended to read as follows: 

‘‘2483. Commissary stores: use of defense working capital funds to cover operating expenses and to finance resale inventories.’’. 

15 (e) MERCHANDISE AND PRICING.—Section 2484 of 

16 such title is amended— 

17 (1) by striking subsection (f); 

18 (2) by redesignating subsections (d) and (e) as 

19 subsections (e) and (f), respectively; 

20 (3) by inserting after subsection (c) the fol21 lowing new subsection (d): 

22 ‘‘(d) FEE FOR SERVICES.—The Secretary of Defense 

23 may apply an additional user fee for services provided to 

24 commissary customers on orders of merchandise sold in 


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1 commissary stores by electronic or mobile commerce meth2 ods commonly used in the retail supermarket sector.’’; 

3 (4) in subsection (c)(3)— 

4 (A) in subparagraph (A), by striking ‘‘sub5 sections (d) and (e)’’ and inserting ‘‘subsections 

6 (e) and (f)’’; and 

7 (B) in subparagraph (B), by striking ‘‘sub8 section (d)’’ and inserting ‘‘subsection (e)’’; 

9 (5) in subsection (e), as redesignated by para10 graph (2), by striking ‘‘subsection (e)’’ and inserting 

11 ‘‘subsection (f)’’; 

12 (6) by amending subsection (f), as redesignated 

13 by paragraph (2), to read as follows: 

14 ‘‘(f) SALES PRICE ESTABLISHMENT.—The Secretary 

15 of Defense shall establish the sales price of merchandise 

16 sold in, at, or by commissary stores in amounts sufficient 

17 to finance operating expenses as prescribed in section 

18 2483(b) of this title and the replenishment of inven19 tories.’’; 

20 (7) in subsection (g)— 

21 (A) by striking ‘‘subsections (d) and (e)’’ 

22 in paragraph (1) and inserting ‘‘subsections (e) 

23 and (f)’’; and 

24 (B) by striking ‘‘subsection (d)’’ in para25 graph (2) and inserting ‘‘subsection (e)’’; and 


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1 (8) in subsection (h)— 

2 (A) by striking ‘‘subsection (d)’’ each place 

3 it appears and inserting ‘‘subsection (e)’’; and 

4 (B) by striking paragraph (5). 

5 (f) OPERATION OF COMMISSARIES.— 

6 (1) OPERATION BY PRIVATE PERSONS.—Sub7 section (a) of section 2485 of such title is amended 

8 to read as follows: 

9 ‘‘(a) OPERATION BY PRIVATE PERSONS.— 

10 ‘‘(1) AUTHORITY.—When patron savings can be 

11 improved, or operating costs reduced, the Secretary 

12 of Defense may contract with private persons to op13 erate selected commissary store functions. 

14 ‘‘(2) LIMITATION.—The following functions 

15 may not be contracted for operation by a private 

16 person under paragraph (1): 

17 ‘‘(A) Functions relating to the procure18 ment of products to be sold in a commissary 

19 store, except for a full or substantially full 

20 product line acquired for resale from a whole21 saler, distributor, or similar vendor. 

22 ‘‘(B) Functions relating to the overall 

23 management of a commissary system or the 

24 management of a commissary store. 


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1 ‘‘(3) PERFORMANCE OF FUNCTIONS EXCLUDED

2 FROM PERFORMANCE BY PRIVATE PERSONS.—Func3 tions specified in paragraph (2) shall be carried out 

4 by personnel of the Department of Defense under 

5 regulations approved by the Secretary of Defense.’’. 

6 (2) CONTRACTS WITH OTHER AGENCIES AND

7 INSTRUMENTALITIES.—Subsection (b) of such sec8 tion is amended— 

9 (A) by striking ‘‘(1)’’ before ‘‘The De10 fense’’; 

11 (B) by inserting ‘‘goods or’’ after ‘‘provide 

12 or obtain’’; 

13 (C) by striking ‘‘service provided by the 

14 United States Transportation Command’’ and 

15 inserting ‘‘good or service provided by any enti16 ty of the United States in’’; and 

17 (D) by striking paragraph (2). 

18 (3) REPEAL OF SUPERCEDED PROVISIONS.— 

19 Such section is further amended— 

20 (A) in subsection (g), by striking para21 graphs (3), (4), and (5); and 

22 (B) in subsection (h), by striking para23 graph (5). 

24 (4) CONFORMING CROSS-REFERENCE AMEND25 MENTS.—Paragraphs (3) and (4) of subsection (e) 


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1 of such section are amended by striking ‘‘section 

2 2484(d)’’ and inserting ‘‘section 2484(e)’’. 

3 (g) REPEAL OF OBSOLETE AUTHORITY.— 

4 (1) IN GENERAL.—Section 2685 of such title is 

5 repealed. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 159 of such title 

8 is amended by striking the item relating to section 

9 2685. 

10 (h) OVERSEAS TRANSPORTATION.—Section 2643(b) 

11 of such title is amended— 

12 (1) in the first sentence, by striking ‘‘appro13 priated funds’’ and inserting ‘‘defense working cap14 ital funds’’; and 

15 (2) in the second sentence— 

16 (A) by striking ‘‘also’’; and 

17 (B) by inserting ‘‘commissary and’’ after 

18 ‘‘transporting’’. 

19 (i) SUPERVISION OF COMMISSARY CONSTRUCTION

20 PROJECTS.—Section 2851(b) of such title is amended by 

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

22 a project for the construction of a commissary store, a 

23 commissary central product processing facility, or a shop24 ping mall or similar facility for a commissary store and 

25 one or more nonappropriated fund instrumentality activiVerDate Mar 15 2010 02:03 May 29, 2014 Jkt 039200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 ties authorized under section 2484(h) of this title may be 

2 accomplished under the direction and supervision of the 

3 Director of the Defense Commissary Agency.’’. 

4 TITLE X—GENERAL PROVISIONS 

5 Subtitle A—Financial Matters 

6 SEC. 1001. AUTHORITY FOR USE OF AMOUNTS RECOVERED 

7 FOR DAMAGE TO GOVERNMENT PROPERTY. 

8 (a) EXTENSION TO PERSONAL PROPERTY.—The first 

9 sentence of section 2782 of title 10, United States Code, 

10 is amended by striking ‘‘real property’’ both places it ap11 pears and inserting ‘‘Government property’’. 

12 (b) AVAILABILITY OF RECOVERED FUNDS.—The sec13 ond sentence of such section is amended— 

14 (1) by striking ‘‘In such amounts as are pro15 vided in advance in appropriation Acts, amounts’’ 

16 and inserting ‘‘Amounts’’; 

17 (2) by inserting ‘‘merged with, and’’ before 

18 ‘‘available for use’’; 

19 (3) by inserting ‘‘and for the same period’’ 

20 after ‘‘same purposes’’; and 

21 (4) by inserting a comma after ‘‘circumstances 

22 as’’. 

23 (c) CLERICAL AMENDMENTS.— 


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

2 section is amended by striking ‘‘real’’ and inserting 

3 ‘‘Government’’. 

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

5 such section in the table of sections at the beginning 

6 of chapter 165 of such title is amended to read as 

7 follows: 

‘‘2782. Damage to Government property; disposition of amounts recovered.’’. 

8 Subtitle B—Counter-Drug 

9 Activities 

10 SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT UNI11 FIED COUNTER-DRUG AND COUNTERTER12 RORISM CAMPAIGN IN COLOMBIA AND OF 

13 NUMERICAL LIMITATION ON ASSIGNMENT OF 

14 UNITED STATES PERSONNEL IN COLOMBIA. 

15 Section 1021 of the Ronald W. Reagan National De16 fense Authorization Act for Fiscal Year 2005 (Public Law 

17 108–375; 118 Stat. 2042), as most recently amended by 

18 section 1011 of the National Defense Authorization Act 

19 for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 843), 

20 is further amended— 

21 (1) in subsection (a)(1), by striking ‘‘In fiscal 

22 years 2005 through 2014,’’ and inserting ‘‘During 

23 the period ending on December 31, 2017,’’; and 


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1 (2) in subsection (c), by striking ‘‘in fiscal years 

2 2005 through 2014’’ and inserting ‘‘during the pe3 riod ending on December 31, 2017,’’. 

4 Subtitle C—Naval Vessels and 

5 Shipyards 

6 SEC. 1021. ELIMINATION OF REQUIREMENT THAT A QUALI7 FIED AVIATOR OR NAVAL FLIGHT OFFICER 

8 BE IN COMMAND OF AN INACTIVATED NU9 CLEAR-POWERED AIRCRAFT CARRIER BE10 FORE DECOMMISSIONING. 

11 Section 5942(a) of title 10, United States Code, is 

12 amended— 

13 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

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

15 paragraph: 

16 ‘‘(2) Paragraph (1) does not apply to command 

17 of a nuclear-powered aircraft carrier that has been 

18 inactivated for the purpose of permanent decommis19 sioning and disposal.’’. 

20 SEC. 1022. ENSURING OPERATIONAL READINESS OF LIT21 TORAL COMBAT SHIPS ON EXTENDED DE22 PLOYMENTS. 

23 (a) AUTHORITY.—Subsection (a) of section 7310 of 

24 title 10, United States Code, is amended— 


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1 (1) by inserting ‘‘UNDER THE JURISDICTION

2 OF THE SECRETARY OF THE NAVY’’ in the sub3 section heading after ‘‘VESSELS’’; 

4 (2) by striking ‘‘A naval vessel’’ and inserting 

5 ‘‘(1) Except as provided in paragraph (2), a naval 

6 vessel’’; and 

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

8 paragraph: 

9 ‘‘(2)(A) Subject to subparagraph (B), in the case of 

10 a naval vessel that is classified as a Littoral Combat Ship 

11 and that is operating on deployment, corrective and pre12 ventive maintenance or repair (whether intermediate or 

13 depot level) and facilities maintenance may be performed 

14 on the vessel— 

15 ‘‘(i) in a foreign shipyard; 

16 ‘‘(ii) at a facility outside of a foreign shipyard; 

17 or 

18 ‘‘(iii) at any other facility convenient to the ves19 sel. 

20 ‘‘(B)(i) Corrective and preventive maintenance or re21 pair may be performed on a vessel as described in sub22 paragraph (A) only if the work is performed by United 

23 States Government personnel or United States contractor 

24 personnel. 


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1 ‘‘(ii) Facilities maintenance may be performed by a 

2 foreign contractor on a vessel as described in subpara3 graph (A) only as approved by the Secretary of the 

4 Navy.’’. 

5 (b) DEFINITIONS.—Such section is further amended 

6 by adding at the end the following new subsection: 

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

8 ‘‘(1) The term ‘corrective and preventive main9 tenance or repair’ means— 

10 ‘‘(A) maintenance or repair actions per11 formed as a result of a failure in order to re12 turn or restore equipment to acceptable per13 formance levels; and 

14 ‘‘(B) scheduled maintenance or repair ac15 tions intended to prevent or discover functional 

16 failures, including scheduled periodic mainte17 nance requirements and integrated class main18 tenance plan tasks that are time-directed main19 tenance actions. 

20 ‘‘(2) The term ‘facilities maintenance’ means— 

21 ‘‘(A) preservation or corrosion control ef22 forts, encompassing surface preparation and 

23 preservation of the structural facility to mini24 mize effects of corrosion; and 

25 ‘‘(B) cleaning services, encompassing— 


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1 ‘‘(i) light surface cleaning of ship 

2 structures and compartments; and 

3 ‘‘(ii) deep cleaning of bilges to remove 

4 dirt, oily waste, and other foreign mat5 ter.’’. 

6 (c) CLERICAL AMENDMENTS.— 

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

8 section is amended to read as follows: 

9 ‘‘§ 7310. Overhaul, repair, and maintenance of vessels 

10 in foreign shipyards and facilities: re11 strictions; exceptions’’. 

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

13 at the beginning of chapter 633 of such title is 

14 amended by striking the item relating to section 

15 7310 and inserting the following: 

‘‘7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and 

facilities: restrictions; exceptions.’’. 

16 SEC. 1023. AUTHORITY FOR LIMITED COASTWISE TRADE 

17 FOR CERTAIN VESSELS PROVIDING TRANS18 PORTATION SERVICES UNDER A SHIP19 BUILDING OR SHIP REPAIR CONTRACT WITH 

20 THE SECRETARY OF THE NAVY. 

21 (a) IN GENERAL.—Chapter 645 of title 10, United 

22 States Code, is amended by adding at the end the fol23 lowing new section: 


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1 ‘‘§ 7525. Limited coastwise trade 

2 ‘‘(a) DEFINITION.—In his section, the term ‘con3 tractor-owned vessel’ means a dry dock, a tugboat, or a 

4 towing vessel that— 

5 ‘‘(1) was built in the United States; 

6 ‘‘(2) is owned or operated by an individual or 

7 entity that— 

8 ‘‘(A) is under contract with the Navy to 

9 construct, maintain, or repair a vessel of the 

10 Navy; and 

11 ‘‘(B) in conjunction with such contract, is 

12 operating under a special security agreement 

13 with the Secretary of Defense; 

14 ‘‘(3) is used, pursuant to such contract, to con15 struct, maintain, or repair a vessel of the Navy; and 

16 ‘‘(4) is manned by United States citizens. 

17 ‘‘(b) IN GENERAL.—A contractor-owned vessel may, 

18 at the direction of the Secretary of the Navy, engage in 

19 coastwise trade for the exclusive purpose of performing a 

20 contract with the Navy to construct, maintain, or repair 

21 a vessel of the Navy, and any law pertaining to coastwise 

22 trade shall not apply to such vessel, the owner or operator 

23 of such vessel, or the operation of such vessel. 

24 ‘‘(c) NOTICE.—The Secretary of the Navy shall pro25 vide notice to the Secretary of Homeland Security if a conVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 tractor-owned vessel is authorized, pursuant to this sec2 tion, to engage in coastwise trade. 

3 ‘‘(d) LIMITATION.—An authorization to engage in 

4 coastwise trade pursuant to this section shall be non5 transferrable and shall expire— 

6 ‘‘(1) on the date of the sale of the contractor7 owned vessel; 

8 ‘‘(2) on the date of the contract with the Navy 

9 to construct, maintain, or repair a vessel of the 

10 Navy expires or that the Secretary of the Navy ter11 minates such contract; or 

12 ‘‘(3) in the event that the Secretary of Defense 

13 terminates the special security agreement with the 

14 contractor that owns the vessel.’’. 

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

16 at the beginning of such chapter is amended by adding 

17 at the end the following new item: 

‘‘7525. Limited coastwise trade.’’. 


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1 Subtitle D—Sexual Assault Preven2 tion and Response Related Re3 forms 

4 SEC. 1031. REPEAL OF OUTDATED REQUIREMENT TO DE5 VELOP COMPREHENSIVE MANAGEMENT 

6 PLAN TO ADDRESS DEFICIENCIES IN THE 

7 DATA CAPTURED IN THE DEFENSE INCIDENT8 BASED REPORTING SYSTEM. 

9 Section 543(a) of the Ike Skelton National Defense 

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

11 383; 10 U.S.C. 1562 note) is amended— 

12 (1) by striking paragraph (1); and 

13 (2) by redesignating paragraphs (2) through 

14 (4) as paragraphs (1) through (3), respectively. 

15 SEC. 1032. REVISION TO REQUIREMENTS RELATING TO DE16 PARTMENT OF DEFENSE POLICY ON RETEN17 TION OF EVIDENCE IN A SEXUAL ASSAULT 

18 CASE TO ALLOW RETURN OF PERSONAL 

19 PROPERTY UPON COMPLETION OF RELATED 

20 PROCEEDINGS. 

21 Section 586 of the National Defense Authorization 

22 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

23 1435; 10 U.S.C. 1561 note) is amended by adding at the 

24 end the following new subsection: 


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1 ‘‘(f) RETURN OF PERSONAL PROPERTY UPON COM2 PLETION OF RELATED PROCEEDINGS.—Notwithstanding 

3 subsection (c)(4)(A), personal property retained as evi4 dence in connection with an incident of sexual assault in5 volving a member of the armed forces may be returned 

6 to the rightful owner of such property after the conclusion 

7 of all legal, adverse action, and administrative proceedings 

8 related to such incident.’’. 

9 Subtitle E—Other Matters 

10 SEC. 1041. TECHNICAL AND CLERICAL AMENDMENTS. 

11 (a) AMENDMENT TO NATIONAL DEFENSE AUTHOR12 IZATION ACT FOR FISCAL YEAR 2013.—Effective as of 

13 January 2, 2013, and as if included therein as enacted, 

14 section 604(b)(1) of the National Defense Authorization 

15 Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 

16 1774) is amended by striking ‘‘the National Defense Au17 thorization Act for Fiscal Year 2013’’ and inserting ‘‘this 

18 Act’’. 

19 (b) AMENDMENTS TO TITLE 10, UNITED STATES

20 CODE, TO REFLECT ENACTMENT OF TITLE 41, UNITED

21 STATES CODE.—Title 10, United States Code, is amended 

22 as follows: 

23 (1) Section 2013(a)(1) is amended by striking 

24 ‘‘section 6101(b)–(d) of title 41’’ and inserting ‘‘sec25 tion 6101 of title 41’’. 


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1 (2) Section 2302 is amended— 

2 (A) in paragraph (7), by striking ‘‘section 

3 4 of such Act’’ and inserting ‘‘such section’’; 

4 and 

5 (B) in paragraph (9)(A)— 

6 (i) by striking ‘‘section 26 of the Of7 fice of Federal Procurement Policy Act (41 

8 U.S.C. 422)’’ and inserting ‘‘chapter 15 of 

9 title 41’’; and 

10 (ii) by striking ‘‘such section’’ and in11 serting ‘‘such chapter’’. 

12 (3) Section 2306a(b)(3)(B) is amended by 

13 striking ‘‘section 4(12)(C)(i) of the Office of Federal 

14 Procurement Policy Act (41 U.S.C. 403(12)(C)(i))’’ 

15 and inserting ‘‘section 103(3)(A) of title 41’’. 

16 (4) Section 2314 is amended by striking ‘‘Sec17 tions 6101(b)–(d)’’ and inserting ‘‘Sections 6101’’. 

18 (5) Section 2321(f)(2) is amended by striking 

19 ‘‘section 35(c) of the Office of Federal Procurement 

20 Policy Act (41 U.S.C. 431(c))’’ and inserting ‘‘sec21 tion 104 of title 41’’. 

22 (6) Section 2359b(k)(4)(A) is amended by 

23 striking ‘‘section 4 of the Office of Federal Procure24 ment Policy Act (41 U.S.C. 403)’’ and inserting 

25 ‘‘section 110 of title 41’’. 


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1 (7) Section 2379 is amended— 

2 (A) in subsections (a)(1)(A), (b)(2)(A), 

3 and (c)(1)(B)(i), by striking ‘‘section 4(12) of 

4 the Office of Federal Procurement Policy Act 

5 (41 U.S.C. 403(12))’’ and inserting ‘‘section 

6 103 of title 41’’; and 

7 (B) in subsections (b) and (c)(1), by strik8 ing ‘‘section 35(c) of the Office of Federal Pro9 curement Policy Act (41 U.S.C. 431(c))’’ and 

10 inserting ‘‘section 104 of title 41’’. 

11 (8) Section 2410m(b)(1) is amended— 

12 (A) in subparagraph (A)(i), by striking 

13 ‘‘section 7 of such Act’’ and inserting ‘‘section 

14 7104(a) of such title’’; and 

15 (B) in subparagraph (B)(ii), by striking 

16 ‘‘section 7 of the Contract Disputes Act of 

17 1978’’ and inserting ‘‘section 7104(a) of title 

18 41’’. 

19 (9) Section 2533(a) is amended by striking 

20 ‘‘such Act’’ in the matter preceding paragraph (1) 

21 and inserting ‘‘chapter 83 of such title’’. 

22 (10) Section 2533b is amended— 

23 (A) in subsection (h)— 

24 (i) in paragraph (1), by striking ‘‘sec25 tions 34 and 35 of the Office of Federal 


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1 Procurement Policy Act (41 U.S.C. 430 

2 and 431)’’ and inserting ‘‘sections 1906 

3 and 1907 of title 41’’; and 

4 (ii) in paragraph (2), by striking ‘‘sec5 tion 35(c) of the Office of Federal Pro6 curement Policy Act (41 U.S.C. 431(c))’’ 

7 and inserting ‘‘section 104 of title 41’’; 

8 and 

9 (B) in subsection (m)— 

10 (i) in paragraph (2), by striking ‘‘sec11 tion 4 of the Office of Federal Procure12 ment Policy Act (41 U.S.C. 403)’’ and in13 serting ‘‘section 105 of title 41’’; 

14 (ii) in paragraph (3), by striking ‘‘sec15 tion 4 of the Office of Federal Procure16 ment Policy Act (41 U.S.C. 403)’’ and in17 serting ‘‘section 131 of title 41’’; and 

18 (iii) in paragraph (5), by striking 

19 ‘‘section 35(c) of the Office of Federal 

20 Procurement Policy Act (41 U.S.C. 

21 431(c))’’ and inserting ‘‘section 104 of title 

22 41’’. 

23 (11) Section 2545(1) is amended by striking 

24 ‘‘section 4(16) of the Office of Federal Procurement 


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1 Policy Act (41 U.S.C. 403(16))’’ and inserting ‘‘sec2 tion 131 of title 41’’. 

3 (12) Section 7312(f) is amended by striking 

4 ‘‘Section 3709 of the Revised Statutes (41 U.S.C. 

5 5)’’ and inserting ‘‘Section 6101 of title 41’’. 

6 (c) AMENDMENTS TO OTHER DEFENSE-RELATED

7 STATUTES TO REFLECT ENACTMENT OF TITLE 41, 

8 UNITED STATES CODE.— 

9 (1) The Ike Skelton National Defense Author10 ization Act for Fiscal Year 2011 (Public Law 111– 

11 383) is amended as follows: 

12 (A) Section 846(a) (10 U.S.C. 2534 note) 

13 is amended— 

14 (i) by striking ‘‘the Buy American Act 

15 (41 U.S.C. 10a et seq.)’’ and inserting 

16 ‘‘chapter 83 of title 41, United States 

17 Code’’; and 

18 (ii) by striking ‘‘that Act’’ and insert19 ing ‘‘that chapter’’. 

20 (B) Section 866 (10 U.S.C. 2302 note) is 

21 amended— 

22 (i) in subsection (b)(4)(A), by striking 

23 ‘‘section 26 of the Office of Federal Pro24 curement Policy Act (41 U.S.C. 422)’’ and 


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1 inserting ‘‘chapter 15 of title 41, United 

2 States Code’’; and 

3 (ii) in subsection (e)(2)(A), by strik4 ing ‘‘section 4(13) of the Office of Federal 

5 Procurement Policy Act (41 U.S.C. 

6 403(13))’’ and inserting ‘‘section 110 of 

7 title 41, United States Code’’. 

8 (C) Section 893(f)(2) (10 U.S.C. 2302 

9 note) is amended by striking ‘‘section 26 of the 

10 Office of Federal Procurement Policy Act (41 

11 U.S.C. 422)’’ and inserting ‘‘chapter 15 of title 

12 41, United States Code’’. 

13 (2) The National Defense Authorization Act for 

14 Fiscal Year 2008 (Public Law 110–181) is amended 

15 as follows: 

16 (A) Section 805(c)(1) (10 U.S.C. 2330 

17 note) is amended— 

18 (i) in subparagraph (A), by striking 

19 ‘‘section 4(12)(E) of the Office of Federal 

20 Procurement Policy Act (41 U.S.C. 

21 403(12)(E))’’ and inserting ‘‘section 

22 103(5) of title 41, United States Code’’; 

23 and 

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1 eral Procurement Policy Act (41 U.S.C. 

2 403(12)(F))’’ and inserting ‘‘section 

3 103(6) of title 41, United States Code’’. 

4 (B) Section 821(b)(2) (10 U.S.C. 2304 

5 note) is amended by striking ‘‘section 4(12) of 

6 the Office of Federal Procurement Policy Act 

7 (41 U.S.C. 403(12))’’ and inserting ‘‘section 

8 103 of title 41, United States Code’’. 

9 (C) Section 847 (10 U.S.C. 1701 note) is 

10 amended— 

11 (i) in subsection (a)(5), by striking 

12 ‘‘section 27(e) of the Office of Federal 

13 Procurement Policy Act (41 U.S.C. 

14 423(e))’’ and inserting ‘‘section 2105 of 

15 title 41, United States Code’’; 

16 (ii) in subsection (c)(1), by striking 

17 ‘‘section 4(16) of the Office of Federal 

18 Procurement Policy Act’’ and inserting 

19 ‘‘section 131 of title 41, United States 

20 Code’’; and 

21 (iii) in subsection (d)(1), by striking 

22 ‘‘section 27 of the Office of Federal Pro23 curement Policy Act (41 U.S.C. 423)’’ and 

24 inserting ‘‘chapter 21 of title 41, United 

25 States Code’’. 


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1 (D) Section 862 (10 U.S.C. 2302 note) is 

2 amended— 

3 (i) in subsection (b)(1), by striking 

4 ‘‘section 25 of the Office of Federal Pro5 curement Policy Act (41 U.S.C. 421)’’ and 

6 inserting ‘‘section 1303 of title 41, United 

7 States Code’’; and 

8 (ii) in subsection (d)(1), by striking 

9 ‘‘section 6(j) of the Office of Federal Pro10 curement Policy Act (41 U.S.C. 405(j))’’ 

11 and inserting ‘‘section 1126 of title 41, 

12 United States Code’’. 

13 (3) The John Warner National Defense Author14 ization Act for Fiscal Year 2007 (Public Law 109– 

15 364) is amended as follows: 

16 (A) Section 832(d)(3) (10 U.S.C. 2302 

17 note) is amended by striking ‘‘section 8(b) of 

18 the Service Contract Act of 1965 (41 U.S.C. 

19 357(b))’’ and inserting ‘‘section 6701(3) of title 

20 41, United States Code’’. 

21 (B) Section 852(b)(2)(A)(ii) (10 U.S.C. 

22 2324 note) is amended by striking ‘‘section 

23 4(12) of the Office of Federal Procurement Pol24 icy Act (41 U.S.C. 403(12))’’ and inserting 

25 ‘‘section 103 of title 41, United States Code’’. 


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1 (4) Section 8118 of the Department of Defense 

2 Appropriations Act, 2005 (Public Law 108–287; 10 

3 U.S.C. 2533a note), is amended by striking ‘‘section 

4 34 of the Office of Federal Procurement Policy Act 

5 (41 U.S.C. 430)’’ and inserting ‘‘section 1906 of 

6 title 41, United States Code’’. 

7 (5) The National Defense Authorization Act for 

8 Fiscal Year 2004 (Public Law 108–136) is amended 

9 as follows: 

10 (A) Section 812(b)(2) (10 U.S.C. 2501 

11 note) is amended by striking ‘‘section 

12 6(d)(4)(A) of the Office of Federal Procure13 ment Policy Act (41 U.S.C. 405(d)(4)(A))’’ and 

14 inserting ‘‘section 1122(a)(4)(A) of title 41, 

15 United States Code’’. 

16 (B) Section 1601(c) (10 U.S.C. 2358 note) 

17 is amended— 

18 (i) in paragraph (1)(A), by striking 

19 ‘‘section 32A of the Office of Federal Pro20 curement Policy Act, as added by section 

21 1443 of this Act’’ and inserting ‘‘section 

22 1903 of title 41, United States Code’’; and 

23 (ii) in paragraph (2)(B), by striking 

24 ‘‘Subsections (a) and (b) of section 7 of 

25 the Anti-Kickback Act of 1986 (41 U.S.C. 


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1 57(a) and (b))’’ and inserting ‘‘Section 

2 8703(a) of title 41, United States Code’’. 

3 (6) Section 8025(c) of the Department of De4 fense Appropriations Act, 2004 (Public Law 108– 

5 87; 10 U.S.C. 2410d note), is amended by striking 

6 ‘‘the Javits-Wagner-O’Day Act (41 U.S.C. 46–48)’’ 

7 and inserting ‘‘chapter 85 of title 41, United States 

8 Code’’. 

9 (7) Section 817(e)(1)(B) of the Bob Stump Na10 tional Defense Authorization Act for Fiscal Year 

11 2003 (Public Law 107–314; 10 U.S.C. 2306a note) 

12 is amended by striking ‘‘section 26(f)(5)(B) of the 

13 Office of Federal Procurement Policy Act (41 U.S.C. 

14 422(f)(5)(B))’’ and inserting ‘‘section 1502(b)(3)(B) 

15 of title 41, United States Code’’. 

16 (8) Section 801(f)(1) of the National Defense 

17 Authorization Act for Fiscal Year 2002 (Public Law 

18 107–107; 10 U.S.C. 2330 note) is amended by strik19 ing ‘‘section 16(3) of the Office of Federal Procure20 ment Policy Act (41 U.S.C. 414(3))’’ and inserting 

21 ‘‘section 1702(c) (1) and (2) of title 41, United 

22 States Code’’. 

23 (9) Section 803(d) of the Strom Thurmond Na24 tional Defense Authorization Act for Fiscal Year 

25 1999 (Public Law 105–261; 10 U.S.C. 2306a note) 


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1 is amended by striking ‘‘subsection (b)(1)(B) of sec2 tion 304A of the Federal Property and Administra3 tive Services Act of 1949 (41 U.S.C. 254b)’’ and in4 serting ‘‘section 3503(a)(2) of title 41, United 

5 States Code’’. 

6 (10) Section 848(e)(1) of the National Defense 

7 Authorization Act for Fiscal Year 1998 (Public Law 

8 105–85; 10 U.S.C. 2304 note) is amended by strik9 ing ‘‘section 32 of the Office of Federal Procure10 ment Policy Act (41 U.S.C. 428)’’ and inserting 

11 ‘‘section 1902 of title 41, United States Code’’. 

12 (11) Section 722(b)(2) of the National Defense 

13 Authorization Act for Fiscal Year 1997 (Public Law 

14 104–201; 10 U.S.C. 1073 note) is amended by strik15 ing ‘‘section 25(c) of the Office of Federal Procure16 ment Policy Act (41 U.S.C. 421(c))’’ and inserting 

17 ‘‘section 1303(a) of title 41, United States Code’’. 

18 (12) Section 3412(k) of the National Defense 

19 Authorization Act for Fiscal Year 1996 (Public Law 

20 104–106, 10 U.S.C. 7420 note) is amended by strik21 ing ‘‘section 303(c) of the Federal Property and Ad22 ministrative Services Act of 1949 (41 U.S.C. 

23 253(c))’’ and inserting ‘‘section 3304(a) of title 41, 

24 United States Code’’. 


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1 (13) Section 845 of the National Defense Au2 thorization Act for Fiscal Year 1994 (Public Law 

3 103–160; 10 U.S.C. 2371 note) is amended— 

4 (A) in subsection (a)(2)(A), by striking 

5 ‘‘section 16(c) of the Office of Federal Procure6 ment Policy Act (41 U.S.C. 414(c))’’ and in7 serting ‘‘section 1702(c) of title 41, United 

8 States Code,’’; 

9 (B) in subsection (d)(1)(B)(ii), by striking 

10 ‘‘section 16(3) of the Office of Federal Procure11 ment Policy Act (41 U.S.C. 414(3))’’ and in12 serting ‘‘paragraphs (1) and (2) of section 

13 1702(c) of title 41, United States Code’’; 

14 (C) in subsection (e)(2)(A), by striking 

15 ‘‘section 4(12) of the Office of Federal Procure16 ment Policy Act (41 U.S.C. 403(12))’’ and in17 serting ‘‘section 103 of title 41, United States 

18 Code’’; and 

19 (D) in subsection (h), by striking ‘‘section 

20 27 of the Office of Federal Procurement Policy 

21 Act (41 U.S.C. 423)’’ and inserting ‘‘chapter 

22 21 of title 41, United States Code’’. 

23 (14) Section 326(c)(2) of the National Defense 

24 Authorization Act for Fiscal Year 1993 (Public Law 

25 102–484; 10 U.S.C. 2302 note) is amended by strikVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 ing ‘‘section 25(c) of the Office of Federal Procure2 ment Policy Act (41 U.S.C. 421(c))’’ and inserting 

3 ‘‘section 1303(a) of title 41, United States Code’’. 

4 (15) Section 806 of the National Defense Au5 thorization Act for Fiscal Years 1992 and 1993 

6 (Public Law 102–190; 10 U.S.C. 2302 note) is 

7 amended— 

8 (A) in subsection (b), by striking ‘‘section 

9 4(12) of the Office of Federal Procurement Pol10 icy Act’’ and inserting ‘‘section 103 of title 41, 

11 United States Code’’; and 

12 (B) in subsection (c)— 

13 (i) by striking ‘‘section 25(a) of the 

14 Office of Federal Procurement Policy Act’’ 

15 and inserting ‘‘section 1302(a) of title 41, 

16 United States Code’’; and 

17 (ii) by striking ‘‘section 25(c)(1) of 

18 the Office of Federal Procurement Policy 

19 Act (41 U.S.C. 421(c)(1))’’ and inserting 

20 ‘‘section 1303(a)(1) of such title 41’’. 

21 (16) Section 831 of the National Defense Au22 thorization Act for Fiscal Year 1991 (Public Law 

23 101–510, 10 U.S.C. 2302 note) is amended— 


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1 (A) by designating the subsection after 

2 subsection (k), relating to definitions, as sub3 section (l); and 

4 (B) in paragraph (8) of that subsection, by 

5 striking ‘‘the first section of the Act of June 

6 25, 1938 (41 U.S.C. 46; popularly known as 

7 the ‘Wagner-O’Day Act’)’’ and inserting ‘‘sec8 tion 8502 of title 41, United States Code’’. 

9 (d) AMENDMENTS TO TITLE 10, UNITED STATES

10 CODE, TO REFLECT RECLASSIFICATION OF PROVISIONS

11 OF LAW CODIFIED IN TITLE 50, UNITED STATES

12 CODE.—Title 10, United States Code, is amended as fol13 lows: 

14 (1) Sections 113(b), 125(a), and 155(d) are 

15 amended by striking ‘‘(50 U.S.C. 401)’’ and insert16 ing ‘‘(50 U.S.C. 3002)’’. 

17 (2) Sections 113(e)(2), 117(a)(1), 118(b)(1), 

18 118a(b)(1), 153(b)(1)(C)(i), 231(b)(1), and 

19 231a(c)(1) are amended by striking ‘‘(50 U.S.C. 

20 404a)’’ and inserting ‘‘(50 U.S.C. 3043)’’. 

21 (3) Sections 167(g) and 421(c) are amended by 

22 striking ‘‘(50 U.S.C. 413 et seq.)’’ and inserting 

23 ‘‘(50 U.S.C. 3091 et seq.)’’. 


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1 (4) Section 201(b)(1) is amended by striking 

2 ‘‘(50 U.S.C. 403–6(b))’’ and inserting ‘‘(50 U.S.C. 

3 3041(b))’’. 

4 (5) Section 429 is amended— 

5 (A) in subsection (a), by striking ‘‘(50 

6 U.S.C. 403–1)’’ and inserting ‘‘(50 U.S.C. 

7 3024)’’; and 

8 (B) in subsection (e), by striking ‘‘(50 

9 U.S.C. 401a(4))’’ and inserting ‘‘(50 U.S.C. 

10 3003(4))’’. 

11 (6) Section 442(d) is amended by striking ‘‘(50 

12 U.S.C. 404e(a))’’ and inserting ‘‘(50 U.S.C. 

13 3045(a))’’. 

14 (7) Section 444 is amended— 

15 (A) in subsection (b)(2), by striking ‘‘(50 

16 U.S.C. 403o)’’ and inserting ‘‘(50 U.S.C. 

17 3515)’’; and 

18 (B) in subsection (e)(2)(B), by striking 

19 ‘‘(50 U.S.C. 403a et seq.)’’ and inserting ‘‘(50 

20 U.S.C. 3501 et seq.)’’. 

21 (8) Section 457 is amended— 

22 (A) in subsection (a), by striking ‘‘(50 

23 U.S.C. 431)’’ and inserting ‘‘(50 U.S.C. 

24 3141)’’; and 


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1 (B) in subsection (c), by striking ‘‘(50 

2 U.S.C. 431(b))’’ and inserting ‘‘(50 U.S.C. 

3 3141(b))’’. 

4 (9) Section 462 is amended by striking ‘‘(50 

5 U.S.C. 402 note)’’ and inserting ‘‘(50 U.S.C. 

6 3614)’’. 

7 (10) Sections 491(c)(3), 494(d)(1), and 

8 496(a)(1) are amended by striking ‘‘(50 U.S.C. 

9 401a(4))’’ and inserting ‘‘(50 U.S.C. 3003(4))’’. 

10 (11) Section 1599a(a) is amended by striking 

11 ‘‘(50 U.S.C. 402 note)’’ and inserting ‘‘(50 U.S.C. 

12 3614)’’. 

13 (12) Section 1605(a)(2) is amended by striking 

14 ‘‘(50 U.S.C. 403r)’’ and inserting ‘‘(50 U.S.C. 

15 3518)’’. 

16 (13) Section 1623(a) is amended by striking 

17 ‘‘(50 U.S.C. 402 note)’’ and inserting ‘‘(50 U.S.C. 

18 3614)’’. 

19 (14) Section 2409(e) is amended by striking 

20 ‘‘(50 U.S.C. 401a(4))’’ and inserting ‘‘(50 U.S.C. 

21 3003(4))’’. 

22 (15) Section 2501(a)(1)(A) is amended by 

23 striking ‘‘(50 U.S.C. 404a)’’ and inserting ‘‘(50 

24 U.S.C. 3043)’’. 


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1 (16) Sections 2557(c) and 2723(d)(2) are 

2 amended by striking ‘‘(50 U.S.C. 413)’’ and insert3 ing ‘‘(50 U.S.C. 3091)’’. 

4 (e) AMENDMENTS TO OTHER DEFENSE-RELATED

5 STATUTES TO REFLECT RECLASSIFICATION OF PROVI6 SIONS OF LAW CODIFIED IN TITLE 50, UNITED STATES

7 CODE.— 

8 (1) The following provisions of law are amended 

9 by striking ‘‘(50 U.S.C. 401a(4))’’ and inserting 

10 ‘‘(50 U.S.C. 3003(4))’’: 

11 (A) Section 911(3) of the Ike Skelton Na12 tional Defense Authorization Act for Fiscal 

13 Year 2011 (Public Law 111–383; 10 U.S.C. 

14 2271 note). 

15 (B) Sections 801(b)(3) and 911(e)(2) of 

16 the National Defense Authorization Act for Fis17 cal Year 2008 (Public Law 110–181; 10 U.S.C. 

18 2304 note; 2271 note). 

19 (C) Section 812(e) of the National Defense 

20 Authorization Act for Fiscal Year 2004 (Public 

21 Law 108–136; 10 U.S.C. 2501 note). 

22 (2) Section 901(d) of the Bob Stump National 

23 Defense Authorization Act for Fiscal Year 2003 

24 (Public Law 107–314; 10 U.S.C. 137 note) is 


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1 amended by striking ‘‘(50 U.S.C. 401 et seq.)’’ and 

2 inserting ‘‘(50 U.S.C. 3001 et seq.)’’. 

3 (f) OTHER CROSS-REFERENCE AMENDMENTS.— 

4 (1) TITLE 10, UNITED STATES CODE.—Title 10, 

5 United States Code, is amended as follows: 

6 (A) Section 2430(c)(2) is amended by 

7 striking ‘‘section 2366a(a)(4)’’ and inserting 

8 ‘‘section 2366a(a)(7)’’. 

9 (B) Section 7292(d)(2) is amended by 

10 striking ‘‘section 1024(a)’’ and inserting ‘‘sec11 tion 1018(a)’’. 

12 (2) TITLE 40, UNITED STATES CODE.—Section 

13 591(b)(2)(A) of title 40, United States Code, is 

14 amended by striking ‘‘section 2394 of title 10’’ and 

15 inserting ‘‘section 2922a of title 10’’. 

16 (g) DATE OF ENACTMENT REFERENCES.—Title 10, 

17 United States Code, is amended as follows: 

18 (1) Section 1218(d)(3) is amended by striking 

19 ‘‘on the date that is five years after the date of the 

20 enactment of the National Defense Authorization 

21 Act for Fiscal Year 2010’’ and inserting ‘‘on Octo22 ber 28, 2014’’. 

23 (2) Section 1566a(a) is amended by striking 

24 ‘‘Not later than 180 days after the date of the en25 actment of the National Defense Authorization Act 


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1 for Fiscal Year 2010 and under’’ and inserting 

2 ‘‘Under’’. 

3 (3) Section 2275(d) is amended— 

4 (A) in paragraph (1), by striking ‘‘before 

5 the date of the enactment of the National De6 fense Authorization Act for Fiscal Year 2013’’ 

7 and inserting ‘‘before January 2, 2013’’; and 

8 (B) in paragraph (2), by striking ‘‘on or 

9 after the date of the enactment of the National 

10 Defense Authorization Act for Fiscal Year 

11 2013’’ and inserting ‘‘on or after January 2, 

12 2013’’. 

13 (4) Section 2601a(e) is amended by striking 

14 ‘‘after the date of the enactment of the National De15 fense Authorization Act for Fiscal Year 2012’’ and 

16 inserting ‘‘after December 31, 2011,’’. 

17 (5) Section 6328(c) is amended by striking ‘‘on 

18 or after the date of the enactment of the National 

19 Defense Authorization Act for Fiscal Year 2010’’ 

20 and inserting ‘‘after October 27, 2009,’’. 

21 (h) OTHER AMENDMENTS TO TITLE 10, UNITED

22 STATES CODE.—Title 10, United States Code, is amended 

23 as follows: 

24 (1) Section 118 is amended by striking sub25 section (g). 


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1 (2) Section 407(a)(3)(A) is amended by striking 

2 the comma after ‘‘as applicable’’. 

3 (3) Section 429 is amended— 

4 (A) in subsection (a), by striking ‘‘Section’’ 

5 in the second sentence and inserting ‘‘section’’; 

6 and 

7 (B) in subsection (c), by striking ‘‘act’’ 

8 and inserting ‘‘law’’. 

9 (4) Section 1074m(a)(2) is amended by striking 

10 ‘‘subparagraph’’ in the matter preceding subpara11 graph (A) and inserting ‘‘subparagraphs’’. 

12 (5) Section 1154(a)(2)(A)(ii) is amended by 

13 striking ‘‘U.S.C.1411’’ and inserting ‘‘U.S.C. 1411’’. 

14 (6) Section 2222(g)(3) is amended by striking 

15 ‘‘(A)’’ after ‘‘(3)’’. 

16 (7) Section 2335(d) is amended— 

17 (A) by designating the last sentence of 

18 paragraph (2) as paragraph (3); and 

19 (B) in paragraph (3), as so designated— 

20 (i) by inserting before ‘‘Each of’’ the 

21 following paragraph heading: ‘‘OTHER

22 TERMS.—’’; 

23 (ii) by striking ‘‘the term’’ and insert24 ing ‘‘that term’’; and 


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1 (iii) by inserting ‘‘Election’’ after 

2 ‘‘Federal Campaign’’. 

3 (8) Section 2371 is amended by striking sub4 section (h). 

5 (9) Section 2601a is amended— 

6 (A) in subsection (a)(1), by striking 

7 ‘‘issue’’ and inserting ‘‘prescribe’’; and 

8 (B) in subsection (d), by striking ‘‘issued’’ 

9 and inserting ‘‘prescribed’’. 

10 (10) Section 2853(c)(1)(A) is amended by strik11 ing ‘‘can be still be’’ and inserting ‘‘can still be’’. 

12 (11) Section 2866(a)(4)(A) is amended by 

13 striking ‘‘repayed’’ and inserting ‘‘repaid’’. 

14 (12) Section 2884(c) is amended by striking 

15 ‘‘on evaluation’’ in the matter preceding paragraph 

16 (1) and inserting ‘‘an evaluation’’. 

17 (i) TRANSFER OF SECTION 2814 TO CHAPTER

18 631.— 

19 (1) TRANSFER AND REDESIGNATION.—Section 

20 2814 of title 10, United States Code, is transferred 

21 to chapter 631 of such title, inserted after section 

22 7205, and redesignated as section 7206. 

23 (2) CONFORMING AMENDMENTS.—Such section, 

24 as so transferred and redesignated, is amended— 


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1 (A) in paragraphs (2) and (3)(B) of sub2 section (i), by striking ‘‘this chapter’’ and in3 serting ‘‘chapter 169 of this title’’; and 

4 (B) by striking subsection (l) and inserting 

5 the following new subsection (l): 

6 ‘‘(l) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘appropriate committees of Con8 gress’ has the meaning given such term in section 

9 2801 of this title. 

10 ‘‘(2) The term ‘property support services’ 

11 means the following: 

12 ‘‘(A) Any utility service or other service 

13 listed in section 2686(a) of this title. 

14 ‘‘(B) Any other service determined by the 

15 Secretary to be a service that supports the op16 eration and maintenance of real property, per17 sonal property, or facilities.’’. 

18 (3) CLERICAL AMENDMENTS.— 

19 (A) The table of sections at the beginning 

20 of chapter 169 of such title is amended by 

21 striking the item relating to section 2814. 

22 (B) The table of sections at the beginning 

23 of chapter 631 of such title is amended by in24 serting after the item relating to section 7205 

25 the following new item: 

‘‘7206. Special authority for development of Ford Island, Hawaii.’’. 


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1 (j) COORDINATION WITH OTHER AMENDMENTS

2 MADE BY THIS ACT.—For purposes of applying amend3 ments made by provisions of this Act other than this sec4 tion, the amendments made by subsections (b) through (h) 

5 of this section shall be treated as having been enacted im6 mediately before any such amendments by other provisions 

7 of this Act. 

8 SEC. 1042. RENEWALS, EXTENSIONS, AND SUCCEEDING 

9 LEASES FOR FINANCIAL INSTITUTIONS OPER10 ATING ON DEPARTMENT OF DEFENSE IN11 STALLATIONS. 

12 Subsection (h) of section 2667 of title 10, United 

13 States Code, is amended by adding the following new 

14 paragraph: 

15 ‘‘(4)(A) Paragraph (1) does not apply to a renewal, 

16 extension, or succeeding lease by the Secretary concerned 

17 with a financial institution selected in accordance with the 

18 Department of Defense Financial Management Regulation 

19 providing for the selection of financial institutions to oper20 ate on military installations if each of the following ap21 plies: 

22 ‘‘(i) The on-base financial institution was se23 lected before the date of the enactment of this para24 graph or competitive procedures are used for the se25 lection of any new financial institutions. 


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1 ‘‘(ii) A current and binding operating agree2 ment is in place between the installation commander 

3 and the selected on-base financial institution. 

4 ‘‘(B) The renewal, extension or succeeding lease shall 

5 terminate upon the termination of the operating agree6 ment described in subparagraph (A)(ii).’’. 

7 SEC. 1043. LIMITED AUTHORITY FOR UNITED STATES TO 

8 SECURE COPYRIGHTS FOR CERTAIN SCHOL9 ARLY WORKS PREPARED BY FACULTY OF 

10 CERTAIN DEPARTMENT OF DEFENSE PRO11 FESSIONAL SCHOOLS. 

12 (a) AUTHORITY.—Chapter 53 of title 10, United 

13 States Code, is amended by inserting after section 1033 

14 the following new section: 

15 ‘‘§ 1033a. Limited authority for United States to se16 cure copyrights for certain scholarly 

17 works of faculty of Department of De18 fense professional schools 

19 ‘‘(a) AUTHORITY.— 

20 ‘‘(1) IN GENERAL.—Subject to regulations pre21 scribed under subsection (f), the United States may, 

22 notwithstanding section 105 or 201(b) of title 17, 

23 secure copyright protection under title 17 for a 

24 qualifying work written by a faculty member of an 

25 institution of the Department of Defense specified in 


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1 subsection (e), but only for purposes of publication 

2 by a scholarly press or journal for which such a 

3 copyright is normally a requirement for publication 

4 or otherwise as may be prescribed under regulations 

5 under this section. 

6 ‘‘(2) PRINTING.—Notwithstanding section 501 

7 of title 44, the Department of Defense need not use 

8 the services of the Government Printing Office or a 

9 field printing plant operated by the Department of 

10 Defense with respect to a work for which copyright 

11 protection exists by reason of paragraph (1). 

12 ‘‘(b) QUALIFYING WORKS.—A work is a qualifying 

13 work for purposes of this section if the work— 

14 ‘‘(1) is prepared as part of a person’s official 

15 duties; and 

16 ‘‘(2) meets such criteria as the Secretary of De17 fense may prescribe by regulation as a scholarly 

18 work for which copyright protection as provided in 

19 subsection (a) is warranted. 

20 ‘‘(c) TRANSFER OF COPYRIGHT.—Upon acceptance 

21 for publication of a work for which copyright protection 

22 exists by reason of subsection (a), the United States may 

23 transfer the copyright to the owner or publisher of the 

24 medium in which the work will be published. The United 

25 States shall maintain a perpetual, royalty-free license to 


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1 use the scholarly work for any official purpose of the 

2 United States. 

3 ‘‘(d) ROYALTIES, ETC.—No royalties or other com4 pensation may be accepted by a person covered by sub5 section (a) by reason of copyright protection that exists 

6 by reason of subsection (a). 

7 ‘‘(e) COVERED INSTITUTIONS.—The institutions re8 ferred to in subsection (a) are the following: 

9 ‘‘(1) The United States Military Academy, the 

10 United States Naval Academy, and the United 

11 States Air Force Academy. 

12 ‘‘(2) The National Defense University. 

13 ‘‘(3) Any war college of the armed forces. 

14 ‘‘(4) Any graduate-level college or university of 

15 the Department of Defense. 

16 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

17 prescribe regulations for the purposes of this section. Such 

18 regulations shall include provisions specifying the types of 

19 works for which copyright protection may be secured 

20 under subsection (a) and the purposes for which the copy21 right may be secured.’’. 

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

23 at the beginning of such chapter is amended by inserting 

24 after the item relating to section 1033 the following new 

25 item: 


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‘‘1033a. Limited authority for United States to secure copyrights for certain 

scholarly works of faculty of Department of Defense professional schools.’’. 

1 (c) EFFECTIVE DATE.—Section 1033a of title 10, 

2 United States Code, as added by subsection (a), shall 

3 apply only with respect to works that, as determined under 

4 regulations prescribed under that section, are completed 

5 after the date of the enactment of this Act. 

6 SEC. 1044. REVISION TO STATUTE OF LIMITATIONS FOR 

7 AVIATION INSURANCE CLAIMS. 

8 (a) IN GENERAL.—Section 44309(c) of title 49, 

9 United States Code, is amended— 

10 (1) By inserting after ‘‘TIME LIMITATIONS.—’’ 

11 the following new sentence: ‘‘A claim under the au12 thority of this chapter against the United States 

13 shall be forever barred unless it is presented in writ14 ing to the Secretary of Transportation within two 

15 years after such claim accrues or unless action is 

16 begun within six months after the date of mailing, 

17 by certified or registered mail, of notice of final de18 nial of the claim by the Secretary.’’; 

19 (2) by striking ‘‘, under section 2401 of title 

20 28,’’ and 

21 (3) by striking ‘‘subsection (a) of’’. 

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

23 subsection (a) shall apply only with respect to claims aris24 ing after the date of the enactment of this Act. 


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1 SEC. 1045. TRANSFER OF FUNCTIONS OF THE VETERANS’ 

2 ADVISORY BOARD ON DOSE RECONSTRUC3 TION TO THE SECRETARIES OF VETERANS 

4 AFFAIRS AND DEFENSE. 

5 Section 601 of the Veterans Benefits Act of 2003 

6 (Public Law 108–183; 117 Stat. 2667; 38 U.S.C. 1154 

7 note) is amended to read as follows: 

8 ‘‘SEC. 601. RADIATION DOSE RECONSTRUCTION PROGRAM 

9 OF THE DEPARTMENT OF DEFENSE. 

10 ‘‘(a) REVIEW AND OVERSIGHT.—The Secretary of 

11 Veterans Affairs and the Secretary of Defense shall jointly 

12 take appropriate actions to ensure the on-going inde13 pendent review and oversight of the Radiation Dose Re14 construction Program of the Department of Defense. 

15 ‘‘(b) DUTIES.—In carrying out subsection (a), the 

16 Secretaries shall— 

17 ‘‘(1) conduct periodic, random audits of dose 

18 reconstructions under the Radiation Dose Recon19 struction Program and of decisions by the Depart20 ment of Veterans Affairs on claims for service con21 nection of radiogenic diseases; 

22 ‘‘(2) communicate to veterans information on 

23 the mission, procedures, and evidentiary require24 ments of the Program; and 


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1 ‘‘(3) carry out such other activities with respect 

2 to the review and oversight of the Program as the 

3 Secretaries shall jointly specify. 

4 ‘‘(c) RECOMMENDATIONS.—The Secretaries may 

5 make such recommendations on modifications in the mis6 sion or procedures of the Program as they consider appro7 priate as a result of the audits conducted under subsection 

8 (b)(1).’’. 

9 SEC. 1046. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY 

10 SERVICES. 

11 Section 1588(a) of title 10, United States Code, is 

12 amended by adding at the end the following new para13 graph: 

14 ‘‘(10) Voluntary legal support services provided 

15 by law students through internship and externship 

16 programs approved by the Secretary concerned.’’. 

17 SEC. 1047. TRANSFER OF ADMINISTRATION OF OCEAN RE18 SEARCH ADVISORY PANEL FROM DEPART19 MENT OF THE NAVY TO NATIONAL OCEANIC 

20 AND ATMOSPHERIC ADMINISTRATION. 

21 (a) AUTHORITY FOR OCEAN RESEARCH ADVISORY

22 PANEL.—Subsection (a) of section 7903 of title 10, 

23 United States Code, is amended— 

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


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1 (A) by inserting ‘‘, through the Adminis2 trator of the National Oceanic and Atmospheric 

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

4 (B) by striking ‘‘Panel consisting’’ and in5 serting ‘‘Panel. The Panel shall consist’’; and 

6 (C) by striking ‘‘chairman’’ and inserting 

7 ‘‘Administrator of the National Oceanic and At8 mospheric Administration, on behalf of the 

9 Council’’; 

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

11 Academy of Science’’ and inserting ‘‘National Acad12 emies’’; and 

13 (3) by striking paragraphs (2) and (3) and re14 designating paragraphs (4) and (5) as paragraphs 

15 (2) and (3), respectively. 

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

17 such section is amended— 

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

19 the National Oceanic and Atmospheric Administra20 tion,’’ after ‘‘The Council’’; 

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

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

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

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


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

2 of scientific priorities and needs. 

3 ‘‘(3) To provide the Council strategic advice re4 garding national ocean program execution and col5 laboration.’’. 

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

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

8 ‘‘Secretary of the Navy’’ and inserting ‘‘Secretary of Com9 merce’’. 

10 SEC. 1048. REPEAL AND MODIFICATION OF REPORTING RE11 QUIREMENTS. 

12 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

13 United States Code, is amended as follows: 

14 (1) Section 1073b is repealed. 

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

16 chapter 55 is amended by striking the item relating 

17 to section 1073b. 

18 (b) NATIONAL DEFENSE AUTHORIZATION ACTS.— 

19 (1) FISCAL YEAR 2013.—Section 112 of the Na20 tional Defense Authorization Act for Fiscal Year 

21 2013 (Public Law 112–239; 126 Stat. 1654) is re22 pealed. 

23 (2) FISCAL YEAR 2012.—Subsection (b) of sec24 tion 1043 of the National Defense Authorization Act 

25 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 


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1 1576), as most recently amended by section 1054 of 

2 the National Defense Authorization Act for Fiscal 

3 Year 2014 (Public Law 113–66; 127 Stat. 861), is 

4 amended to read as follows: 

5 ‘‘(b) FORM OF REPORTS.—Any report under sub6 section (a) may be submitted in classified form.’’. 

7 (3) FISCAL YEAR 2008.—Section 330(e)(1) of 

8 the National Defense Authorization Act for Fiscal 

9 Year 2008 (Public Law 110–181; 122 Stat. 68), as 

10 most recently amended by section 332 of the Na11 tional Defense Authorization Act for Fiscal Year 

12 2013 (Public Law 112–239; 126 Stat. 1697), is 

13 amended by adding at the end the following new 

14 sentence: ‘‘However, a report is not required under 

15 this paragraph for any fiscal year during which the 

16 Secretary concerned did not use the authority in 

17 subsection (a).’’. 

18 (4) FISCAL YEAR 2004.—Subsection (d) of sec19 tion 2808 of the Military Construction Authorization 

20 Act for Fiscal Year 2004 (division B of Public Law 

21 108–136; 117 Stat. 1723), as most recently amend22 ed by section 2808 of the Military Construction Au23 thorization Act for Fiscal Year 2014 (division B of 

24 Public Law 113–66; 127 Stat. 1012), is amended— 


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1 (A) in the heading, by striking ‘‘QUAR2 TERLY’’ and inserting ‘‘ANNUAL’’; 

3 (B) in paragraph (1)— 

4 (i) by striking ‘‘fiscal-year quarter’’ 

5 and inserting ‘‘fiscal year’’; and 

6 (ii) by striking ‘‘quarter’’ and insert7 ing ‘‘fiscal year’’; and 

8 (C) in paragraph (2), by striking ‘‘all of 

9 the quarterly reports that were’’ and inserting 

10 ‘‘the report’’. 

11 (c) INCLUSION OF EXTREMITY TRAUMA AND AMPU12 TATION CENTER OF EXCELLENCE ANNUAL REPORT IN

13 THE DEPARTMENT OF VETERANS AFFAIRS AND DEPART14 MENT OF DEFENSE JOINT ANNUAL REPORT ON HEALTH

15 CARE COORDINATION AND SHARING ACTIVITIES.— 

16 (1) Section 723 of the Duncan Hunter National 

17 Defense Authorization Act for Fiscal Year 2009 

18 (Public Law 110–417; 122 Stat. 4508) is amended 

19 by striking subsection (d). 

20 (2) Section 8111(f) of title 38, United States 

21 Code, is amended by adding at the end the following 

22 new paragraph: 

23 ‘‘(6) The two Secretaries shall include in the annual 

24 report under this subsection a report on the activities of 

25 the Center of Excellence in the Mitigation, Treatment, and 


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1 Rehabilitation of Traumatic Extremity Injuries and Am2 putations (established pursuant to section 723 of the Dun3 can Hunter National Defense Authorization Act for Fiscal 

4 Year 2009) during the one-year period ending on the date 

5 of such report. Such report shall include a description of 

6 the activities of the center and an assessment of the role 

7 of such activities in improving and enhancing the efforts 

8 of the Department of Defense and the Department of Vet9 erans Affairs for the mitigation, treatment, and rehabilita10 tion of traumatic extremity injuries and amputations.’’. 

11 TITLE XI—CIVILIAN PERSONNEL 

12 MATTERS 

13 SEC. 1101. MODIFICATIONS TO BIENNIAL STRATEGIC 

14 WORKFORCE PLAN RELATING TO SENIOR 

15 MANAGEMENT, FUNCTIONAL, AND TECH16 NICAL WORKFORCE OF THE DEPARTMENT OF 

17 DEFENSE. 

18 (a) SENIOR MANAGEMENT WORKFORCE.—Sub19 section (c) of section 115b of title 10, United States Code, 

20 is amended— 

21 (1) by striking paragraph (1) and inserting the 

22 following: 

23 ‘‘(1) Each strategic workforce plan under sub24 section (a) shall— 


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1 ‘‘(A) specifically address the shaping and 

2 improvement of the senior management work3 force of the Department of Defense; and 

4 ‘‘(B) include an assessment of the senior 

5 functional and technical workforce of the De6 partment of Defense within the appropriate 

7 functional community.’’; and 

8 (2) in paragraph (2), by striking ‘‘such senior 

9 management, functional, and technical workforce’’ 

10 and inserting ‘‘such senior management workforce 

11 and such senior functional and technical workforce’’. 

12 (b) HIGHLY QUALIFIED EXPERTS.—Such section is 

13 further amended— 

14 (1) in subsection (b)(2), by striking ‘‘subsection 

15 (f)(1)’’ in subparagraphs (D) and (E) and inserting 

16 ‘‘subsection (h)(1) or (h)(2)’’; 

17 (2) by redesignating subsections (f) and (g) as 

18 subsections (g) and (h), respectively; and 

19 (3) by inserting after subsection (e) the fol20 lowing new subsection (f): 

21 ‘‘(f) HIGHLY QUALIFIED EXPERTS.— 

22 ‘‘(1) Each strategic workforce plan under sub23 section (a) shall include an assessment of the work24 force of the Department of Defense comprised of 

25 highly qualified experts appointed pursuant to secVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 tion 9903 of title 5 (in this subsection referred to as 

2 the ‘HQE workforce’). 

3 ‘‘(2) For purposes of paragraph (1), each plan 

4 shall include, with respect to the HQE workforce— 

5 ‘‘(A) an assessment of the critical skills 

6 and competencies of the existing HQE work7 force and projected trends in that workforce 

8 based on expected losses due to retirement and 

9 other attrition; 

10 ‘‘(B) specific strategies for attracting, com11 pensating, and motivating the HQE workforce 

12 of the Department, including the program ob13 jectives of the Department to be achieved 

14 through such strategies and the funding needed 

15 to implement such strategies; 

16 ‘‘(C) any incentives necessary to attract or 

17 retain HQE personnel; 

18 ‘‘(D) any changes that may be necessary in 

19 resources or in the rates or methods of pay 

20 needed to ensure the Department has full ac21 cess to appropriately qualified personnel; and 

22 ‘‘(E) any legislative changes that may be 

23 necessary to achieve HQE workforce goals.’’. 


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1 (c) DEFINITIONS.—Subsection (h) of such section (as 

2 redesignated by subsection (b)(2)) is amended to read as 

3 follows: 

4 ‘‘(h) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘senior management workforce of 

6 the Department of Defense’ includes the following 

7 categories of Department of Defense civilian per8 sonnel: 

9 ‘‘(A) Appointees in the Senior Executive 

10 Service under section 3131 of title 5. 

11 ‘‘(B) Persons serving in the Defense Intel12 ligence Senior Executive Service under section 

13 1606 of this title. 

14 ‘‘(2) The term ‘senior functional and technical 

15 workforce of the Department of Defense’ includes 

16 the following categories of Department of Defense 

17 civilian personnel: 

18 ‘‘(A) Persons serving in positions described 

19 in section 5376(a) of title 5. 

20 ‘‘(B) Scientists and engineers appointed 

21 pursuant to section 342(b) of the National De22 fense Authorization Act for Fiscal Year 1995 

23 (Public Law 103–337; 108 Stat. 2721), as 

24 amended by section 1114 of the Floyd D. 

25 Spence National Defense Authorization Act for 


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1 Fiscal Year 2001 (as enacted into law by Public 

2 Law 106–398 (114 Stat. 1654A–315)). 

3 ‘‘(C) Scientists and engineers appointed 

4 pursuant to section 1101 of the Strom Thur5 mond National Defense Authorization Act for 

6 Fiscal Year 1999 (5 U.S.C. 3104 note). 

7 ‘‘(D) Persons serving in Intelligence Senior 

8 Level positions under section 1607 of this title. 

9 ‘‘(3) The term ‘acquisition workforce’ includes 

10 individuals designated under section 1721 of this 

11 title as filling acquisition positions.’’. 

12 (d) CONFORMING AMENDMENT.—The heading of 

13 subsection (c) of such section is amended to read as fol14 lows: ‘‘SENIOR MANAGEMENT WORKFORCE; SENIOR

15 FUNCTIONAL AND TECHNICAL WORKFORCE.—’’. 

16 (e) FORMATTING OF ANNUAL REPORT.—Subsections 

17 (d)(1) and (e)(1) of such section are amended by striking 

18 ‘‘include a separate chapter to’’. 

19 SEC. 1102. AUTHORITY TO PROVIDE ADDITIONAL COM20 PENSATION FOR DEFENSE CLANDESTINE 

21 SERVICE EMPLOYEES. 

22 Section 1603 of title 10, United States Code, is 

23 amended by adding at the end the following new sub24 section: 


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1 ‘‘(c) ADDITIONAL COMPENSATION FOR EMPLOYEES

2 OF THE DEFENSE CLANDESTINE SERVICE.—In addition 

3 to the authority to provide compensation under subsection 

4 (a), the Secretary of Defense may provide civilian employ5 ees of the Defense Clandestine Service allowances and 

6 benefits authorized to be paid to members of the Foreign 

7 Service under chapter 9 of title I of the Foreign Service 

8 Act of 1980 (22 U.S.C. 4081 et seq.) or any other provi9 sion of law, if the Secretary determines such action is nec10 essary to the operational effectiveness of the Defense 

11 Clandestine Service.’’. 

12 SEC. 1103. PILOT PROGRAM FOR THE TEMPORARY EX13 CHANGE OF FINANCIAL MANAGEMENT PER14 SONNEL. 

15 (a) ASSIGNMENT AUTHORITY.—The Secretary of De16 fense may, with the agreement of the private sector orga17 nization concerned, arrange for the temporary assignment 

18 of an employee to such private sector organization, or from 

19 such private sector organization to a Department of De20 fense organization under this section. An employee shall 

21 be eligible for such an assignment only if the employee— 

22 (1) works in the field of financial management; 

23 (2) is considered by the Secretary of Defense to 

24 be an exceptional employee; and 


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1 (3) is compensated at not less than the GS–11 

2 level (or the equivalent). 

3 (b) AGREEMENTS.—The Secretary of Defense shall 

4 provide for a written agreement among the Department 

5 of Defense, the private sector organization, and the em6 ployee concerned regarding the terms and conditions of 

7 the employee’s assignment under this section. The agree8 ment— 

9 (1) shall require, in the case of an employee of 

10 the Department of Defense, that upon completion of 

11 the assignment, the employee will serve in the civil 

12 service for a period at least equal to three times the 

13 length of the assignment, unless the employee is 

14 sooner involuntarily separated from the service of 

15 the employee’s agency; and 

16 (2) shall provide that if the employee of the De17 partment of Defense or of the private sector organi18 zation (as the case may be) fails to carry out the 

19 agreement, or if the employee is voluntarily sepa20 rated from the service of the employee’s agency be21 fore the end of the period stated in the agreement, 

22 such employee shall be liable to the United States 

23 for payment of all expenses of the assignment unless 

24 that failure or voluntary separation was for good 


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1 and sufficient reason, as determined by the Sec2 retary of Defense. 

3 An amount for which an employee is liable under para4 graph (2) shall be treated as a debt due the United States. 

5 The Secretary may waive, in whole or in part, collection 

6 of such a debt based on a determination that the collection 

7 would be against equity and good conscience and not in 

8 the best interests of the United States. 

9 (c) TERMINATION.—An assignment under this sec10 tion may, at any time and for any reason, be terminated 

11 by the Department of Defense or the private sector organi12 zation concerned. 

13 (d) DURATION.—An assignment under this section 

14 shall be for a period of not less than three months and 

15 not more than one year. No assignment under this section 

16 may commence after September 30, 2019. 

17 (e) STATUS OF FEDERAL EMPLOYEES ASSIGNED TO

18 PRIVATE SECTOR ORGANIZATION.—An employee of the 

19 Department of Defense who is temporarily assigned to a 

20 private sector organization under this section shall be con21 sidered, during the period of assignment, to be on detail 

22 to a regular work assignment in the Department for all 

23 purposes. The written agreement established under sub24 section (b) shall address the specific terms and conditions 


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1 related to the employee’s continued status as a Federal 

2 employee. 

3 (f) TERMS AND CONDITIONS FOR PRIVATE SECTOR

4 EMPLOYEES.—An employee of a private sector organiza5 tion who is assigned to a Department of Defense organiza6 tion under this section— 

7 (1) shall continue to receive pay and benefits 

8 from the private sector organization from which 

9 such employee is assigned; 

10 (2) is deemed to be an employee of the Depart11 ment of Defense for the purposes of— 

12 (A) chapter 73 of title 5, United States 

13 Code; 

14 (B) sections 201, 203, 205, 207, 208, 209, 

15 603, 606, 607, 643, 654, 1905, and 1913 of 

16 title 18, United States Code, and any other 

17 conflict of interest statute; 

18 (C) sections 1343, 1344, and 1349(b) of 

19 title 31, United States Code; 

20 (D) the Federal Tort Claims Act and any 

21 other Federal tort liability statute; 

22 (E) the Ethics in Government Act of 1978; 

23 (F) section 1043 of the Internal Revenue 

24 Code of 1986; 


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1 (G) chapter 21 of title 41, United States 

2 Code; and 

3 (H) subchapter I of chapter 81 of title 5, 

4 United States Code, relating to compensation 

5 for work-related injuries; and 

6 (3) may not have access, while the employee is 

7 assigned to a Department of Defense organization, 

8 to any trade secrets or to any other nonpublic infor9 mation which is of commercial value to the private 

10 sector organization from which such employee is as11 signed. 

12 (g) PROHIBITION AGAINST CHARGING CERTAIN

13 COSTS TO THE FEDERAL GOVERNMENT.—A private sec14 tor organization may not charge the Department of De15 fense or any other agency of the Federal Government, as 

16 direct or indirect costs under a Federal contract, the costs 

17 of pay or benefits paid by the organization to an employee 

18 assigned to a Department of Defense organization under 

19 this section for the period of the assignment. 

20 (h) CONSIDERATION.—The Secretary of Defense 

21 shall take into consideration the question of how assign22 ments might best be used to help meet the needs of the 

23 Department of Defense with respect to the training of em24 ployees in financial management. 


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1 (i) NUMERICAL LIMITATION.—Not more than five 

2 Department of Defense employees may be assigned to pri3 vate sector organizations under this section, and not more 

4 than five employees of private sector organizations may 

5 be assigned to the Department of Defense under this sec6 tion, at any given time. 

7 TITLE XII—MATTERS RELATING 

8 TO FOREIGN NATIONS 

9 SEC. 1201. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS 

10 AND SERVICES PRODUCED IN DJIBOUTI IN 

11 SUPPORT OF DEPARTMENT OF DEFENSE AC12 TIVITIES IN UNITED STATES AFRICA COM13 MAND AREA OF RESPONSIBILITY. 

14 (a) AUTHORITY.—In the case of a product or service 

15 to be acquired in support of Department of Defense activi16 ties in the United States Africa Command area of respon17 sibility for which the Secretary of Defense makes a deter18 mination described in subsection (b), the Secretary may 

19 conduct a procurement in which— 

20 (1) competition is limited to products or serv21 ices that are from Djibouti; or 

22 (2) a preference is provided for products or 

23 services that are from Djibouti. 


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1 (b) DETERMINATION.—(1) A determination described 

2 in this subsection is a determination by the Secretary of 

3 either of the following: 

4 (A) That the product or service concerned is to 

5 be used only in support of activities described in 

6 subsection (a). 

7 (B) That it is in the national security interest 

8 of the United States to limit competition or provide 

9 a preference as described in subsection (a) because 

10 such limitation or preference is necessary— 

11 (i) to reduce— 

12 (I) United States transportation costs; 

13 or 

14 (II) delivery times in support of activi15 ties described in subsection (a); or 

16 (ii) to promote regional security, stability, 

17 and economic prosperity in Africa. 

18 (2) A determination under paragraph (1)(B) shall not 

19 be effective for purposes of a limitation or preference 

20 under subsection (a) unless the Secretary also determines 

21 that the limitation or preference will not adversely affect— 

22 (A) United States military operations or sta23 bility operations in the United States Africa Com24 mand area of responsibility; or 

25 (B) the United States industrial base. 


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1 (c) PRODUCTS AND SERVICES FROM DJIBOUTI.—For 

2 the purpose of this section: 

3 (1) A product is from Djibouti if it is mined, 

4 produced, or manufactured in Djibouti. 

5 (2) A service is from Djibouti if it is performed 

6 in Djibouti by citizens or residents of Djibouti. 

7 SEC. 1202. PERMANENT AND GLOBAL AUTHORITY FOR USE 

8 OF ACQUISITION AND CROSS-SERVICING 

9 AGREEMENTS TO LEND CERTAIN MILITARY 

10 EQUIPMENT TO CERTAIN FOREIGN FORCES 

11 FOR PERSONNEL PROTECTION AND SURVIV12 ABILITY. 

13 (a) CODIFICATION OF PERMANENT AUTHORITY.— 

14 (1) ENACTMENT IN TITLE 10 OF SECTION 1202

15 ACQUISITION AND CROSS-SERVICING AGREEMENT

16 AUTHORITY.—Chapter 138 of title 10, United States 

17 Code, is amended by inserting after section 2342 a 

18 new section 2342a consisting of— 

19 (A) a heading as follows: 

20 ‘‘§ 2342a. Acquisition and cross-servicing agreements: 

21 authority to lend certain military equip22 ment to certain foreign forces for per23 sonnel protection and survivability’’; 

24 and 


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1 (B) a text consisting of the text of sub2 sections (a) through (d) of section 1202 of the 

3 John Warner National Defense Authorization 

4 Act for Fiscal Year 2007 (Public Law 109– 

5 364), as most recently amended by section 

6 1217(b) of the National Defense Authorization 

7 Act for Fiscal Year 2014 (Public Law 113–66; 

8 127 Stat. 909), and revised as specified in sub9 section (b). 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of subchapter I of such chap12 ter is amended by inserting after the item relating 

13 to section 2342 the following new item: 

‘‘2342a. Acquisition and cross-servicing agreements: authority to lend certain 

military equipment to certain foreign forces for personnel protection and survivability.’’. 

14 (b) REVISIONS TO CODIFIED SECTION.—The revi15 sions to the text specified in subsection (a)(1)(B) are as 

16 follows: 

17 (1) GLOBAL AUTHORITY.—In subsection 

18 (a)(1)— 

19 (A) insert ‘‘military or stability’’ after 

20 ‘‘combined’’ the first place it appears; and 

21 (B) strike ‘‘in Afghanistan’’. 

22 (2) CONFORMING AMENDMENTS.—In subsection 

23 (a)(3)— 


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1 (A) in subparagraph (A), strike ‘‘Afghani2 stan’’ and insert ‘‘a combined military or sta3 bility operation with the United States’’; and 

4 (B) in subparagraph (C), strike ‘‘Afghani5 stan or a’’ and insert ‘‘a combined military or 

6 stability operation or’’. 

7 (3) REPORTING EXCEPTION.—In subsection 

8 (a)(5)— 

9 (A) insert ‘‘(A)’’ before ‘‘Equipment may 

10 not’’; and 

11 (B) add at the end the following: 

12 ‘‘(B) EXCEPTION.—The notice required in sub13 paragraph (A) shall not be required when the equip14 ment to be loaned is intended to be used— 

15 ‘‘(i) in a facility that is under the control 

16 of the United States; or 

17 ‘‘(ii) in connection with training directed 

18 by United States personnel.’’. 

19 (4) WAIVER IN THE CASE OF COMBAT LOSS OF

20 EQUIPMENT.—At the end of subsection (a), insert 

21 the following new paragraph: 

22 ‘‘(6) WAIVER OF REIMBURSEMENT IN THE

23 CASE OF COMBAT LOSS.— 

24 ‘‘(A) AUTHORITY.—In the case of equip25 ment provided to the military forces of another 


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1 nation under the authority of this section that 

2 is damaged or destroyed as a result of combat 

3 operations while held by those forces, the Sec4 retary of Defense may, with respect to such 

5 equipment, waive any other applicable require6 ment under this subchapter for— 

7 ‘‘(i) reimbursement; 

8 ‘‘(ii) replacement-in-kind; or 

9 ‘‘(iii) exchange of supplies or services 

10 of an equal value. 

11 ‘‘(B) LIMITATIONS.—Any waiver under 

12 this subsection may be made only on a case-by13 case basis. Any waiver under this subsection 

14 may be made only if the Secretary determines 

15 that the waiver is in the national security inter16 est of the United States.’’. 

17 (5) TECHNICAL AND CLERICAL AMEND18 MENTS.— 

19 (A) In subsection (a)(1), strike ‘‘under 

20 subchapter I of chapter 138 of title 10, United 

21 States Code,’’. 

22 (B) In subsection (d)(2)(B), strike ‘‘Com23 mittee on International Relations’’ and insert 

24 ‘‘Committee on Foreign Affairs’’. 


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1 (c) REPEAL.—Section 1202 of the John Warner Na2 tional Defense Authorization Act for Fiscal Year 2007 

3 (Public Law 109–364), as most recently amended by sec4 tion 1217(b) of the National Defense Authorization Act 

5 for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 909), 

6 is repealed. 

7 (d) RETROACTIVE APPLICATION OF WAIVER AU8 THORITY.—The authority in subsection (a)(6) of section 

9 2342a of title 10, United States Code, as added by this 

10 section, shall apply with respect to equipment provided be11 fore the date of the enactment of this Act to a foreign 

12 nation under section 1202 of the John Warner National 

13 Defense Authorization Act for Fiscal Year 2007, as 

14 amended, in the same manner as to equipment provided 

15 under such section 2342a. 

16 SEC. 1203. REVISIONS TO GLOBAL SECURITY CONTINGENCY 

17 FUND AUTHORITY. 

18 (a) TYPES OF ASSISTANCE.—Subsection (c)(1) of 

19 section 1207 of the National Defense Authorization Act 

20 for Fiscal Year 2012 (Public Law 112–81; 22 U.S.C. 

21 2151 note), as amended by section 1202 of the National 

22 Defense Authorization Act for Fiscal Year 2014, is 

23 amended by striking ‘‘the provision of equipment, supplies, 

24 and training.’’ and inserting ‘‘the provision of the fol25 lowing: 


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1 ‘‘(A) Equipment, including routine mainte2 nance and repair of such equipment. 

3 ‘‘(B) Supplies. 

4 ‘‘(C) Small-scale construction not exceed5 ing $750,000. 

6 ‘‘(D) Training.’’. 

7 (b) TRANSFER AUTHORITY.—Subsection (f)(1) of 

8 such section is amended by striking ‘‘for Defense-wide ac9 tivities’’ in the first sentence. 

10 (c) TWO-YEAR EXTENSION OF AVAILABILITY OF

11 FUNDS.—Subsection (i) of such section is amended by 

12 striking ‘‘September 30, 2015’’ and inserting ‘‘September 

13 30, 2017’’. 

14 (d) EXTENSION OF EXPIRATION DATE.—Subsection 

15 (p) of such section is amended— 

16 (1) by striking ‘‘September 30, 2015’’ and in17 serting ‘‘September 30, 2017’’; and 

18 (2) by striking ‘‘funds available for fiscal years 

19 2012 through 2015’’ and inserting ‘‘funds available 

20 for a fiscal year beginning before that date’’. 

21 SEC. 1204. INCREASE IN ANNUAL LIMITATION ON TRANS22 FER OF EXCESS DEFENSE ARTICLES. 

23 Section 516(g)(1) of the Foreign Assistance Act of 

24 1961 (22 U.S.C. 2321j(g)(1)) is amended by striking 

25 ‘‘$425,000,000’’ and inserting ‘‘$500,000,000’’. 


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1 SEC. 1205. ONE-YEAR EXTENSION OF AFGHAN SPECIAL IM2 MIGRANT VISA PROGRAM. 

3 (a) EXTENSION.—Section 602(b)(3)(D) of the Af4 ghan Allies Protection Act of 2009 (title VI of Public Law 

5 111–8; 8 U.S.C. 1101 note) is amended— 

6 (1) in the subparagraph heading, by striking 

7 ‘‘FISCAL YEAR’’ and inserting ‘‘FISCAL YEARS’’; 

8 (2) by striking ‘‘For fiscal year 2014’’ and in9 serting ‘‘For each of fiscal years 2014 and 2015’’; 

10 (3) by inserting ‘‘per year’’ after ‘‘3,000’’; 

11 (4) by striking ‘‘in fiscal year 2014’’ and insert12 ing ‘‘in fiscal years 2014 and 2015’’; 

13 (5) by striking ‘‘of fiscal year 2015’’ and insert14 ing ‘‘of fiscal year 2016’’; and 

15 (6) by striking ‘‘September 30, 2014’’ and in16 serting ‘‘September 30, 2015’’. 

17 (b) TECHNICAL AMENDMENTS.— 

18 (1) Section 601 of such Act is amended by 

19 striking ‘‘This Act’’ and inserting ‘‘This title’’. 

20 (2) Section 602(c)(3) of such Act is amended 

21 by striking ‘‘section 4 of the Office of Federal Pro22 curement Policy Act (41 U.S.C. 403)’’ and inserting 

23 ‘‘section 133 of title 41, United States Code’’. 


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1 SEC. 1206. ENHANCED AUTHORITY FOR PROVISION OF SUP2 PORT TO FOREIGN MILITARY LIAISON OFFI3 CERS OF FOREIGN COUNTRIES WHILE AS4 SIGNED TO THE DEPARTMENT OF DEFENSE. 

5 (a) ELIGIBILITY.—Subsection (a) of section 1051a of 

6 title 10, United States Code, is amended— 

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

8 (A) by striking ‘‘The Secretary of De9 fense’’ and inserting ‘‘Subject to subsection (d), 

10 the Secretary of Defense’’; 

11 (B) by striking ‘‘involved in a military op12 eration with the United States’’; and 

13 (C) by striking ‘‘temporarily’’; 

14 (2) in paragraph (1)— 

15 (A) by striking ‘‘, component command,’’; 

16 and 

17 (B) by striking ‘‘in connection with the 

18 planning for, or conduct of, a military oper19 ation’’; and 

20 (3) in paragraph (2), by striking ‘‘To the head21 quarters of’’ and all that follows and inserting ‘‘To 

22 the Joint Staff.’’. 

23 (b) TRAVEL, SUBSISTENCE, AND MEDICAL CARE EX24 PENSES.—Subsection (b) of such section is amended— 

25 (1) in paragraph (1)— 


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1 (A) by striking ‘‘to the headquarters of a 

2 combatant command’’; and 

3 (B) by inserting ‘‘or by the Chairman of 

4 the Joint Chiefs of Staff, as appropriate’’ be5 fore the period at the end; and 

6 (2) in paragraph (3), by striking ‘‘if such trav7 el’’ and all that follows and inserting ‘‘if such travel 

8 meets each of the following conditions: 

9 ‘‘(A) The travel is in support of the na10 tional interests of the United States. 

11 ‘‘(B) The commander of the relevant com12 batant command or the Chairman of the Joint 

13 Chiefs of Staff, as applicable, directs round-trip 

14 travel from the assigned location to one or more 

15 travel locations.’’. 

16 (c) TERMS OF REIMBURSEMENT.—Subsection (c) of 

17 such section is amended— 

18 (1) by striking ‘‘To the extent that the Sec19 retary determines appropriate, the’’ and inserting 

20 ‘‘The’’; and 

21 (2) by adding at the end the following new sen22 tence: ‘‘The terms of reimbursement shall be speci23 fied in the appropriate international agreement used 

24 to assign the liaison officer to a combatant command 

25 or to the Joint Staff.’’. 


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1 (d) LIMITATIONS AND OVERSIGHT.—Such section is 

2 further amended— 

3 (1) by redesignating subsection (d) as sub4 section (f); and 

5 (2) by inserting after subsection (c) the fol6 lowing new subsection (d): 

7 ‘‘(d) LIMITATIONS AND OVERSIGHT.—(1) The num8 ber of liaison officers supported under subsection (b)(1) 

9 may not exceed 60 at any one time, and the amount of 

10 unreimbursed support for any such liaison officer under 

11 that subsection in any fiscal year may not exceed 

12 $200,000 (in fiscal year 2014 constant dollars). 

13 ‘‘(2) The Chairman of the Joint Chiefs of Staff shall 

14 be responsible for oversight of the use of the authority 

15 under this section, including implementation of the limita16 tions in paragraph (1).’’. 

17 (e) SECRETARY OF STATE CONCURRENCE.—Such 

18 section is further amended by inserting after subsection 

19 (d), as added by subsection (d)(2), the following new sub20 section (e): 

21 ‘‘(e) SECRETARY OF STATE CONCURRENCE.—The 

22 authority of the Secretary of Defense to provide adminis23 trative services and support under subsection (a) for the 

24 performance of duties by a liaison officer of another nation 

25 may be exercised only with respect to a liaison officer of 


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1 another nation whose assignment as described in that sub2 section is accepted by the Secretary of Defense with the 

3 concurrence of the Secretary of State.’’. 

4 (f) DEFINITION.—Subsection (f) of such section, as 

5 redesignated by subsection (d)(1), is amended by inserting 

6 ‘‘training programs conducted to familiarize, orient, or 

7 certify liaison personnel regarding unique aspects of the 

8 assignments of the liaison personnel,’’ after ‘‘police protec9 tion,’’. 

10 TITLE XIII—OTHER 

11 AUTHORIZATIONS 

12 Subtitle A—Military Programs 

13 SEC. 1301. WORKING CAPITAL FUNDS. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2015 for the use of the armed forces and other 

16 activities and agencies of the Department of Defense for 

17 providing capital for Defense Working Capital Funds in 

18 the amount of $1,234,468,000. 

19 SEC. 1302. JOINT URGENT OPERATIONAL NEEDS FUND. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2015 for the Joint Urgent Operational Needs 

22 Fund in the amount of $20,000,000. 


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1 SEC. 1303. CHEMICAL AGENTS AND MUNITIONS DESTRUC2 TION, DEFENSE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

4 are hereby authorized to be appropriated for the Depart5 ment of Defense for fiscal year 2015 for expenses, not oth6 erwise provided for, for Chemical Agents and Munitions 

7 Destruction, Defense, in the amount of $828,868,000, of 

8 which— 

9 (1) $222,728,000 is for Operation and Mainte10 nance; 

11 (2) $595,913,000 is for Research, Development, 

12 Test, and Evaluation; and 

13 (3) $10,227,000 is for Procurement. 

14 (b) USE.—Amounts authorized to be appropriated 

15 under subsection (a) are authorized for— 

16 (1) the destruction of lethal chemical agents 

17 and munitions in accordance with section 1412 of 

18 the Department of Defense Authorization Act, 1986 

19 (50 U.S.C. 1521); and 

20 (2) the destruction of chemical warfare materiel 

21 of the United States that is not covered by section 

22 1412 of such Act. 

23 SEC. 1304. DRUG INTERDICTION AND COUNTER-DRUG AC24 TIVITIES, DEFENSE-WIDE. 

25 Funds are hereby authorized to be appropriated for 

26 the Department of Defense for fiscal year 2015 for exVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 penses, not otherwise provided for, for Drug Interdiction 

2 and Counter-Drug Activities, Defense-wide, in the amount 

3 of $820,687,000. 

4 SEC. 1305. DEFENSE INSPECTOR GENERAL. 

5 Funds are hereby authorized to be appropriated for 

6 the Department of Defense for fiscal year 2015 for ex7 penses, not otherwise provided for, for the Office of the 

8 Inspector General of the Department of Defense, in the 

9 amount of $311,830,000, of which— 

10 (1) $310,830,000 is for Operation and Mainte11 nance; and 

12 (2) $1,000,000 is for Procurement. 

13 SEC. 1306. DEFENSE HEALTH PROGRAM. 

14 Funds are hereby authorized to be appropriated for 

15 the Department of Defense for fiscal year 2015 for ex16 penses, not otherwise provided for, for the Defense Health 

17 Program, in the amount of $31,994,918,000, of which— 

18 (1) $31,031,911,000 is for Operation and 

19 Maintenance; 

20 (2) $654,594,000 is for Research, Development, 

21 Test, and Evaluation; and 

22 (3) $308,413,000 is for Procurement. 


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1 Subtitle B—Other Matters 

2 SEC. 1311. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

3 DEPARTMENT OF DEFENSE-DEPARTMENT OF 

4 VETERANS AFFAIRS MEDICAL FACILITY DEM5 ONSTRATION FUND FOR CAPTAIN JAMES A. 

6 LOVELL HEALTH CARE CENTER, ILLINOIS. 

7 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

8 funds authorized to be appropriated for section 507 and 

9 available for the Defense Health Program for operation 

10 and maintenance, $146,857,000 may be transferred by the 

11 Secretary of Defense to the Joint Department of Defense– 

12 Department of Veterans Affairs Medical Facility Dem13 onstration Fund established by subsection (a)(1) of sec14 tion 1704 of the National Defense Authorization Act for 

15 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 

16 For purposes of subsection (a)(2) of such section 1704, 

17 any funds so transferred shall be treated as amounts au18 thorized and appropriated specifically for the purpose of 

19 such a transfer. 

20 (b) USE OF TRANSFERRED FUNDS.—For the pur21 poses of subsection (b) of such section 1704, facility oper22 ations for which funds transferred under subsection (a) 

23 may be used are operations of the Captain James A. 

24 Lovell Federal Health Care Center, consisting of the 

25 North Chicago Veterans Affairs Medical Center, the Navy 


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1 Ambulatory Care Center, and supporting facilities des2 ignated as a combined Federal medical facility under an 

3 operational agreement covered by section 706 of the Dun4 can Hunter National Defense Authorization Act for Fiscal 

5 Year 2009 (Public Law 110–417; 122 Stat. 4500). 

6 SEC. 1312. AUTHORIZATION OF APPROPRIATIONS FOR 

7 ARMED FORCES RETIREMENT HOME. 

8 There is hereby authorized to be appropriated for fis9 cal year 2015 from the Armed Forces Retirement Home 

10 Trust Fund the sum of $63,400,000 for the operation of 

11 the Armed Forces Retirement Home. 

12 TITLE XIV—UNIFORMED AND 

13 OVERSEAS CITIZENS ABSEN14 TEE VOTING ACT AMEND15 MENTS 

16 SEC. 1401. PRE-ELECTION REPORTING REQUIREMENTS ON 

17 AVAILABILITY AND TRANSMISSION OF AB18 SENTEE BALLOTS. 

19 (a) IN GENERAL.—Subsection (c) of section 102 of 

20 the Uniformed and Overseas Citizens Absentee Voting Act 

21 (42 U.S.C. 1973ff–1) is amended— 

22 (1) by designating the text of that subsection as 

23 paragraph (3) and indenting that paragraph, as so 

24 designated, two ems from the left margin; and 


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1 (2) by inserting before paragraph (3), as so 

2 designated, the following new paragraphs: 

3 ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE

4 BALLOT AVAILABILITY.—Not later than 55 days be5 fore any election for Federal office held in a State, 

6 such State shall submit a report to the Attorney 

7 General and the Presidential designee, and make 

8 that report publicly available that same day, certi9 fying that absentee ballots are available for trans10 mission to absentee voters, or that it is aware of no 

11 circumstances that will prevent absentee ballots from 

12 being available for transmission by 46 days before 

13 the election. The report shall be in a form prescribed 

14 by the Attorney General and shall require the State 

15 to certify specific information about ballot avail16 ability from each unit of local government which will 

17 administer the election. 

18 ‘‘(2) PRE-ELECTION REPORT ON ABSENTEE

19 BALLOTS TRANSMITTED.—Not later than 43 days 

20 before any election for Federal office held in a State, 

21 such State shall submit a report to the Attorney 

22 General and the Presidential designee, and make 

23 that report publicly available that same day, certi24 fying whether all absentee ballots validly requested 

25 by absent uniformed services voters and overseas 


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1 voters whose requests were received by the 46th day 

2 before the election have been transmitted to such 

3 voters by such date. The report shall be in a form 

4 prescribed by the Attorney General and shall require 

5 the State to certify specific information about ballot 

6 transmission, including the total numbers of ballot 

7 requests received and ballots transmitted, from each 

8 unit of local government which will administer the 

9 election.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) SUBSECTION HEADING.—The heading for 

12 such subsection is amended to read as follows: ‘‘RE13 PORTS ON ABSENTEE BALLOTS.—’’. 

14 (2) PARAGRAPH HEADING.—Paragraph (3) of 

15 such subsection, as designated by subsection (a)(1), 

16 is amended by inserting ‘‘POST-ELECTION REPORT

17 ON NUMBER OF ABSENTEE BALLOTS TRANSMITTED

18 AND RECEIVED.—’’ before ‘‘Not later than 90 days’’. 

19 SEC. 1402. TRANSMISSION REQUIREMENTS; REPEAL OF 

20 WAIVER PROVISION. 

21 (a) IN GENERAL.—Subsection (a)(8) of section 102 

22 of the Uniformed and Overseas Citizens Absentee Voting 

23 Act (42 U.S.C. 1973ff–1) is amended by striking ‘‘voter— 

24 ’’ and all that follows in that subsection and inserting 


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1 ‘‘voter by the date and in the manner determined under 

2 subsection (g);’’. 

3 (b) BALLOT TRANSMISSION REQUIREMENTS AND

4 REPEAL OF WAIVER PROVISION.—Subsection (g) of such 

5 section is amended to read as follows: 

6 ‘‘(g) BALLOT TRANSMISSION REQUIREMENTS.— 

7 ‘‘(1) REQUESTS RECEIVED AT LEAST 46 DAYS

8 BEFORE AN ELECTION FOR FEDERAL OFFICE.—For 

9 purposes of subsection (a)(8), in a case in which a 

10 valid request for an absentee ballot is received at 

11 least 46 days before an election for Federal office, 

12 the following rules shall apply: 

13 ‘‘(A) TIME FOR TRANSMITTAL OF ABSEN14 TEE BALLOT.—The State shall transmit the ab15 sentee ballot not later than 46 days before the 

16 election. 

17 ‘‘(B) SPECIAL RULES IN CASE OF FAILURE

18 TO TRANSMIT ON TIME.— 

19 ‘‘(i) GENERAL RULE.—If the State 

20 fails to transmit any absentee ballot by the 

21 46th day before the election as required by 

22 subparagraph (A) and the absent uni23 formed services voter or overseas voter did 

24 not request electronic ballot transmission 


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1 pursuant to subsection (f), the State shall 

2 transmit such ballot by express delivery. 

3 ‘‘(ii) EXTENDED FAILURE.—If the 

4 State fails to transmit any absentee ballot 

5 by the 41st day before the election, in ad6 dition to transmitting the ballot as pro7 vided in clause (i), the State shall— 

8 ‘‘(I) in the case of absentee bal9 lots requested by absent uniformed 

10 services voters with respect to regu11 larly scheduled general elections, no12 tify such voters of the procedures es13 tablished under section 103A for the 

14 collection and delivery of marked ab15 sentee ballots; and 

16 ‘‘(II) in any other case, provide, 

17 at the State’s expense, for the return 

18 of such ballot by express delivery. 

19 ‘‘(iii) ENFORCEMENT.—A State’s 

20 compliance with this subparagraph does 

21 not bar the Attorney General from seeking 

22 additional remedies necessary to effectuate 

23 the purposes of this Act. 

24 ‘‘(2) REQUESTS RECEIVED AFTER 46TH DAY

25 BEFORE AN ELECTION FOR FEDERAL OFFICE.—For 


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1 purposes of subsection (a)(8), in a case in which a 

2 valid request for an absentee ballot is received less 

3 than 46 days before an election for Federal office, 

4 the State shall transmit the absentee ballot within 

5 one business day of receipt of the request.’’. 

6 SEC. 1403. CLARIFICATION OF STATE RESPONSIBILITY, 

7 CIVIL PENALTIES, AND PRIVATE RIGHT OF 

8 ACTION. 

9 (a) ENFORCEMENT.—Section 105 of the Uniformed 

10 and Overseas Citizens Absentee Voting Act (42 U.S.C. 

11 1973ff–4) is amended to read as follows: 

12 ‘‘SEC. 105. ENFORCEMENT. 

13 ‘‘(a) IN GENERAL.—The Attorney General may bring 

14 a civil action in an appropriate district court for such de15 claratory or injunctive relief as may be necessary to carry 

16 out this title. In any such action, the only necessary party 

17 defendant is the State. It shall not be a defense to such 

18 action that local election officials are not also named as 

19 defendants. 

20 ‘‘(b) CIVIL PENALTY.—In a civil action brought 

21 under subsection (a), if the court finds that the State vio22 lated any provision of this title, it may, to vindicate the 

23 public interest, assess a civil penalty against the State— 

24 ‘‘(1) in an amount not exceeding $110,000, for 

25 a first violation; and 


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1 ‘‘(2) in an amount not exceeding $220,000, for 

2 any subsequent violation. 

3 ‘‘(c) ANNUAL REPORT TO CONGRESS.—Not later 

4 than December 31 of each year, the Attorney General 

5 shall submit to Congress a report on any civil action 

6 brought under subsection (a) during that year. 

7 ‘‘(d) PRIVATE RIGHT OF ACTION.—A person who is 

8 aggrieved by a State’s violation of this Act may bring a 

9 civil action in an appropriate district court for such declar10 atory or injunctive relief as may be necessary to carry out 

11 this Act. 

12 ‘‘(e) ATTORNEY’S FEES.—In a civil action under this 

13 section, the court may allow the prevailing party (other 

14 than the United States) reasonable attorney’s fees, includ15 ing litigation expenses, and costs.’’. 

16 (b) REPEAL OF CLARIFICATION REGARDING DELE17 GATION OF STATE RESPONSIBILITY.—Section 576 of the 

18 Military and Overseas Voter Empowerment Act (42 

19 U.S.C. 1973ff–1 note) is repealed. 

20 SEC. 1404. TECHNICAL CLARIFICATIONS TO CONFORM TO 

21 2009 MOVE ACT AMENDMENTS RELATED TO 

22 THE FEDERAL WRITE-IN ABSENTEE BALLOT. 

23 (a) STATE RESPONSIBILITIES.—Section 102(a)(3) of 

24 the Uniformed and Overseas Citizens Absentee Voting Act 


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1 (42 U.S.C. 1973ff–1(a)(3)) is amended by striking ‘‘gen2 eral’’. 

3 (b) WRITE-IN ABSENTEE BALLOTS.—Section 103 of 

4 such Act (42 U.S.C. 1973ff–2) is amended— 

5 (1) by striking ‘‘GENERAL’’ in the title of the 

6 section; and 

7 (2) by striking ‘‘general’’ in subsection 

8 (b)(2)(B). 

9 SEC. 1405. TREATMENT OF BALLOT REQUESTS. 

10 (a) IN GENERAL.—Section 104 of the Uniformed and 

11 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 

12 3) is amended— 

13 (1) by striking ‘‘A State may not’’ and insert14 ing: 

15 ‘‘(a) PROHIBITION OF REFUSAL OF APPLICATIONS

16 ON GROUNDS OF EARLY SUBMISSION.—A State may 

17 not’’; 

18 (2) by inserting ‘‘or overseas voter’’ after ‘‘an 

19 absent uniformed services voter’’; 

20 (3) by striking ‘‘members of the’’ before ‘‘uni21 formed services’’; 

22 (4) by inserting ‘‘voters or overseas voters’’ be23 fore the period; and 

24 (5) by adding at the end the following new sub25 section: 


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1 ‘‘(b) APPLICATION TREATED AS VALID FOR SUBSE2 QUENT ELECTIONS.— 

3 ‘‘(1) IN GENERAL.—If a State accepts and 

4 processes a request for an absentee ballot by an ab5 sent uniformed services voter or overseas voter and 

6 the voter requests that the application be considered 

7 an application for an absentee ballot for each subse8 quent election for Federal office held in the State 

9 through the next regularly scheduled general election 

10 for Federal office (including any runoff elections 

11 which may occur as a result of the outcome of such 

12 general election), and any special elections for Fed13 eral office held in the State through the calendar 

14 year following such general election, the State shall 

15 provide an absentee ballot to the voter for each such 

16 subsequent election. 

17 ‘‘(2) EXCEPTION FOR VOTERS CHANGING REG18 ISTRATION.—Paragraph (1) shall not apply with re19 spect to a voter registered to vote in a State for any 

20 election held after the voter notifies the State that 

21 the voter no longer wishes to be registered to vote 

22 in the State or after the State determines that the 

23 voter has registered to vote in another State.’’. 

24 (b) CONFORMING AMENDMENT.—The heading of 

25 such section is amended to read as follows: 


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1 ‘‘SEC. 104. TREATMENT OF BALLOT REQUESTS.’’. 

2 SEC. 1406. INCLUSION OF NORTHERN MARIANA ISLANDS IN 

3 THE DEFINITION OF ‘‘STATE’’ FOR PURPOSES 

4 OF THE UNIFORMED AND OVERSEAS CITI5 ZENS ABSENTEE VOTING ACT. 

6 Paragraphs (6) and (8) of section 107 of the Uni7 formed and Overseas Citizens Absentee Voting Act (42 

8 U.S.C. 1973ff–6) are each amended by striking ‘‘and 

9 American Samoa’’ and inserting ‘‘American Samoa, and 

10 the Commonwealth of the Northern Mariana Islands’’. 

11 SEC. 1407. REQUIREMENT FOR PRESIDENTIAL DESIGNEE 

12 TO REVISE THE FEDERAL POST CARD APPLI13 CATION TO ALLOW VOTERS TO DESIGNATE 

14 BALLOT REQUESTS. 

15 (a) REQUIREMENT.—The Presidential designee shall 

16 ensure that the official post card form (prescribed under 

17 section 101(b)(2) of the Uniformed and Overseas Citizens 

18 Absentee Voting Act (42 U.S.C. 1973ff(b)(2))) enables a 

19 voter using the form to— 

20 (1) request an absentee ballot for each election 

21 for Federal office held in a State through the next 

22 regularly scheduled general election for Federal of23 fice (including any runoff elections which may occur 

24 as a result of the outcome of such general election) 

25 and any special elections for Federal office held in 


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1 the State through the calendar year following such 

2 general election; or 

3 (2) request an absentee ballot for a specific 

4 election or elections for Federal office held in a 

5 State during the period described in paragraph (1). 

6 (b) DEFINITION.—In this section, the term ‘‘Presi7 dential designee’’ means the individual designated under 

8 section 101(a) of the Uniformed and Overseas Citizens 

9 Absentee Voting Act (42 U.S.C. 1973ff(a)). 

10 SEC. 1408. REQUIREMENT OF PLURALITY VOTE FOR VIRGIN 

11 ISLANDS AND GUAM FEDERAL ELECTIONS. 

12 Section 2(a) of the Act entitled ‘‘An Act to provide 

13 that the unincorporated territories of Guam and the Vir14 gin Islands shall each be represented in Congress by a Del15 egate to the House of Representatives’’ approved April 10, 

16 1972 (48 U.S.C. 1712(a)), is amended— 

17 (1) by striking ‘‘majority’’ in the second and 

18 third sentences and inserting ‘‘plurality’’; and 

19 (2) by striking the fourth sentence. 

20 SEC. 1409. EXTENSION OF REPORTING DEADLINE FOR THE 

21 ANNUAL REPORT ON THE ASSESSMENT OF 

22 THE EFFECTIVENESS OF ACTIVITIES OF THE 

23 FEDERAL VOTING ASSISTANCE PROGRAM. 

24 (a) ELIMINATION OF REPORTS FOR NON-ELECTION

25 YEARS.—Section 105A(b) of the Uniformed and Overseas 


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1 Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is 

2 amended— 

3 (1) by striking ‘‘March 31 of each year’’ and in4 serting ‘‘June 30 of each odd-numbered year’’; and 

5 (2) by striking ‘‘the following information’’ and 

6 inserting ‘‘the following information with respect to 

7 the Federal elections held during the preceding cal8 endar year’’. 

9 (b) CONFORMING AMENDMENTS.—Such section is 

10 further amended— 

11 (1) by striking ‘‘ANNUAL REPORT’’ in the sub12 section heading and inserting ‘‘BIENNIAL REPORT’’; 

13 and 

14 (2) by striking ‘‘In the case of’’ in paragraph 

15 (3) and all that follows through ‘‘a description’’ and 

16 inserting ‘‘A description’’. 


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1 TITLE XV—AUTHORIZATION OF 

2 ADDITIONAL APPROPRIA3 TIONS FOR OVERSEAS CON4 TINGENCY OPERATIONS 

5 [RESERVED] 

6 TITLE XVI—CONSOLIDATION 

7 AND MODERNIZATION OF 

8 STATUTES RELATING TO THE 

9 DEPARTMENT OF DEFENSE 

10 COOPERATIVE THREAT RE11 DUCTION PROGRAM 

12 SEC. 1601. SHORT TITLE; TABLE OF CONTENTS. 

13 (a) SHORT TITLE.—This title may be cited as the 

14 ‘‘Department of Defense Cooperative Threat Reduction 

15 Act’’. 

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

17 this title is as follows: 

Sec. 1601. Short title; table of contents. 

Subtitle A—Program Authorities 

Sec. 1611. Authority to carry out the Department of Defense Cooperative 

Threat Reduction Program. 

Sec. 1612. Use of Department of Defense Cooperative Threat Reduction funds 

for certain emergent threats or opportunities. 

Sec. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities. 

Sec. 1614. Use of funds for other purposes or for increased amounts. 

Sec. 1615. Use of contributions to the Department of Defense Cooperative 

Threat Reduction Program. 

Subtitle B—Restrictions and Limitations 

Sec. 1621. Prohibition on use of funds for specified purposes. 

Sec. 1622. Requirement for on-site managers. 

Sec. 1623. Limitation on use of funds until certain permits obtained. 


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Subtitle C—Recurring Certifications and Reports 

Sec. 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or 

activities. 

Sec. 1632. Requirement to submit summary of amounts requested by project 

category. 

Sec. 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program. 

Sec. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program. 

Subtitle D—Repeals and Transition Provision 

Sec. 1641. Repeals. 

Sec. 1642. Transition provision. 

1 Subtitle A—Program Authorities 

2 SEC. 1611. AUTHORITY TO CARRY OUT THE DEPARTMENT 

3 OF DEFENSE COOPERATIVE THREAT REDUC4 TION PROGRAM. 

5 (a) AUTHORITY.—Subject to any concurrence of the 

6 Secretary of State or other appropriate agency head under 

7 section 1612 or section 1613 (unless such concurrence is 

8 otherwise exempted by section 1642), the Secretary of De9 fense may, carry out a program, referred to as the ‘‘De10 partment of Defense Cooperative Threat Reduction Pro11 gram’’, with respect to foreign states to do the following: 

12 (1) Facilitate the elimination, and the safe and 

13 secure transportation and storage, of chemical, bio14 logical, or other weapons, weapons components, 

15 weapons-related materials, and their delivery vehi16 cles. 

17 (2) Facilitate— 


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1 (A) the safe and secure transportation and 

2 storage of nuclear weapons, nuclear weapons3 usable or high-threat radiological materials, nu4 clear weapons components, and their delivery 

5 vehicles; and 

6 (B) the elimination of nuclear weapons 

7 components and nuclear weapons delivery vehi8 cles. 

9 (3) Prevent the proliferation of nuclear and 

10 chemical weapons, weapons components, and weap11 ons-related materials, technology and expertise. 

12 (4) Prevent the proliferation of biological weap13 ons, weapons components, and weapons-related ma14 terials, technology and expertise, which may include 

15 activities that facilitate detection and reporting of 

16 highly pathogenic diseases or other diseases that are 

17 associated with or that could be utilized as an early 

18 warning mechanism for disease outbreaks that could 

19 impact the armed forces of the United States or al20 lies of the United States. 

21 (5) Prevent the proliferation of weapons of 

22 mass destruction-related materials, including all ma23 terials, equipment, and technology that could be 

24 used for the design, development, production, or use 


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1 of nuclear, chemical, and biological weapons and 

2 their means of delivery. 

3 (6) Carry out military-to-military and defense 

4 contacts for advancing the mission of the Depart5 ment of Defense Cooperative Threat Reduction Pro6 gram, subject to subsection (e). 

7 (b) SCOPE OF AUTHORITY.—The authority to carry 

8 out the Program in subsection (a) includes authority to 

9 provide equipment, goods, and services, but does not in10 clude authority to provide cash directly to such project or 

11 activity. 

12 (c) TYPE OF PROGRAM.—The Program carried out 

13 under subsection (a) may involve assistance in planning 

14 and in resolving technical problems associated with weap15 ons destruction and proliferation. Such cooperation may 

16 also involve the funding of critical short-term require17 ments related to weapons destruction. 

18 (d) REIMBURSEMENT OF OTHER AGENCIES.—The 

19 Secretary of Defense may reimburse other United States 

20 Government departments and agencies under this section 

21 for costs of participation in the Program carried out under 

22 subsection (a). 

23 (e) MILITARY-TO-MILITARY AND DEFENSE CON24 TACTS.—The Secretary of Defense shall ensure that the 


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1 military-to-military and defense contacts carried out under 

2 subsection (a)(6)— 

3 (1) are focused and expanded to support spe4 cific relationship-building opportunities, which could 

5 lead to Department of Defense Cooperative Threat 

6 Reduction Program development in new geographic 

7 areas and achieve other Department of Defense Co8 operative Threat Reduction Program benefits; 

9 (2) are directly administered as part of the De10 partment of Defense Cooperative Threat Reduction 

11 Program; and 

12 (3) include cooperation and coordination with— 

13 (A) the unified combatant commands; and 

14 (B) the Department of State. 

15 (f) PRIOR NOTICE TO CONGRESS OF OBLIGATION OF

16 FUNDS.— 

17 (1) ANNUAL REQUIREMENT.—Not less than 15 

18 days before any obligation of any funds appropriated 

19 for any fiscal year for a program specified under 

20 this section, the Secretary of Defense shall submit to 

21 the congressional defense committees a report on 

22 that proposed obligation for that program for that 

23 fiscal year. 

24 (2) MATTERS TO BE SPECIFIED IN REPORTS.— 

25 Each such report shall specify— 


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1 (A) the activities and forms of assistance 

2 for which the Secretary of Defense plans to ob3 ligate funds; 

4 (B) the amount of the proposed obligation; 

5 and 

6 (C) the projected involvement (if any) of 

7 any department or agency of the United States 

8 (in addition to the Department of Defense) and 

9 of the private sector of the United States in the 

10 activities and forms of assistance for which the 

11 Secretary of Defense plans to obligate such 

12 funds. 

13 SEC. 1612. USE OF DEPARTMENT OF DEFENSE COOPERA14 TIVE THREAT REDUCTION FUNDS FOR CER15 TAIN EMERGENT THREATS OR OPPORTUNI16 TIES. 

17 (a) AUTHORITY.—For purposes of the Program spec18 ified in section 1611, the Secretary of Defense may obli19 gate and expend Department of Defense Cooperative 

20 Threat Reduction funds for a fiscal year, and any Depart21 ment of Defense Cooperative Threat Reduction funds for 

22 a fiscal year before such fiscal year that remain available 

23 for obligation, for a proliferation threat reduction project 

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1 rence of the Secretary of State, determines each of the 

2 following: 

3 (1) That such project or activity will— 

4 (A) assist the United States in the resolu5 tion of a critical emerging proliferation threat; 

6 or 

7 (B) permit the United States to take ad8 vantage of opportunities to achieve long-stand9 ing nonproliferation goals. 

10 (2) That such project or activity will be com11 pleted in a short period of time. 

12 (3) That the Department of Defense is the enti13 ty of the Federal Government that is most capable 

14 of carrying out such project or activity. 

15 (b) CONGRESSIONAL NOTIFICATION.—Not later than 

16 10 days after obligating funds under the authority in sub17 section (a) for a project or activity, the Secretary of De18 fense shall notify the congressional defense committees 

19 and the Secretary of State shall notify the Committee on 

20 Foreign Affairs of the House of Representatives and the 

21 Committee on Foreign Relations of the Senate in writing 

22 of the determinations made under subsection (a) with re23 spect to such project or activity, together with— 

24 (1) a justification for such determinations; and 


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1 (2) a description of the scope and duration of 

2 such project or activity. 

3 (c) NON-DEFENSE AGENCY PARTNER-NATION CON4 TACTS.—For military-to-military and defense contacts 

5 carried out under section 1611(a)(6), as further described 

6 in section 1611(e), concurrence of the Secretary of State 

7 is required only for participation by personnel from non8 defense agencies. 

9 SEC. 1613. DEPARTMENT OF DEFENSE COOPERATIVE 

10 THREAT REDUCTION PROGRAM AUTHORITY 

11 FOR URGENT THREAT REDUCTION ACTIVI12 TIES. 

13 (a) IN GENERAL.—Subject to the requirements under 

14 subsection (b) or (c), as applicable, not more than 15 per15 cent of the total amounts appropriated or otherwise made 

16 available for any fiscal year for the Department of Defense 

17 Cooperative Threat Reduction Program may be expended, 

18 notwithstanding any other law, for activities described 

19 under subsections (b)(1)(B) and (c)(1)(B). 

20 (b) SECRETARY OF DEFENSE DETERMINATION AND

21 NOTICE.— 

22 (1) DETERMINATION.—Subject to paragraph 

23 (2), amounts may be expended by the Secretary of 

24 Defense as described in subsection (a) if the Sec25 retary makes a written determination that— 


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1 (A) a threat arising from the proliferation 

2 of chemical, nuclear, or biological weapons or 

3 weapons-related materials, technologies, or ex4 pertise must be addressed urgently; 

5 (B) certain provisions of law would unnec6 essarily impede the Secretary’s ability to carry 

7 out activities of the Department of Defense Co8 operative Threat Reduction Program to address 

9 that threat; and 

10 (C) it is necessary to expend amounts as 

11 described in subsection (a) to carry out such ac12 tivities. 

13 (2) CONCURRENCE REQUIRED.—A determina14 tion by the Secretary of Defense under paragraph 

15 (1) may only be made with the concurrence of the 

16 Secretary of State and the Secretary of Energy. 

17 (3) NOTICE REQUIRED.—Not later than 15 

18 days after obligating or expending funds under the 

19 authority provided in subsection (a), the Secretary of 

20 Defense shall, after consultation with the Secretary 

21 of State, notify the congressional defense commit22 tees, the Committee on Foreign Affairs of the House 

23 of Representatives, and the Committee on Foreign 

24 Relations of the Senate of the determination made 


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1 under paragraph (1). The notice shall include the 

2 following: 

3 (A) The determination. 

4 (B) The activities to be undertaken by the 

5 Department of Defense Cooperative Threat Re6 duction Program. 

7 (C) The expected timeframe for such ac8 tivities. 

9 (D) The expected costs of such activities. 

10 (c) PRESIDENTIAL DETERMINATION AND NOTICE.— 

11 (1) DETERMINATION.—Amounts may be made 

12 available if the President makes a written deter13 mination that— 

14 (A) a threat arising from the proliferation 

15 of chemical, nuclear, or biological weapons or 

16 weapons-related materials, technologies, or ex17 pertise must be addressed urgently in an 

18 ungoverned area or an area that is not con19 trolled by an effective governmental authority, 

20 as determined by the Secretary of State; and 

21 (B) it is necessary to make available 

22 amounts as described in subsection (a) to carry 

23 out activities of the Department of Defense Co24 operative Threat Reduction Program to address 

25 that threat. 


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1 (2) NOTICE REQUIRED.—Not later than 15 

2 days after obligating or expending funds under the 

3 authority provided in subsection (a), the Secretary of 

4 Defense shall, after consultation with the Secretary 

5 of State, notify the congressional defense commit6 tees, the Committee on Foreign Affairs of the House 

7 of Representatives, and the Committee on Foreign 

8 Relations of the Senate of the determination made 

9 under paragraph (1). The notice shall include the 

10 following: 

11 (A) The determination. 

12 (B) The activities to be undertaken 

13 through the Department of Defense Cooperative 

14 Threat Reduction Program. 

15 (C) The expected timeframe for such ac16 tivities. 

17 (D) The expected costs of such activities. 

18 SEC. 1614. USE OF FUNDS FOR OTHER PURPOSES OR FOR 

19 INCREASED AMOUNTS. 

20 (a) NOTICE TO CONGRESS OF INTENT TO USE

21 FUNDS FOR OTHER PURPOSES.— 

22 (1) REPORT.—For any fiscal year for which 

23 amounts are specifically authorized in an Act other 

24 than an appropriations Act for specific purposes 

25 (specified by law) within the Department of Defense 


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1 Cooperative Threat Reduction Program, amounts 

2 appropriated or otherwise made available for the De3 partment of Defense Cooperative Threat Reduction 

4 Program for that fiscal year may be obligated or ex5 pended for a Department of Defense Cooperative 

6 Threat Reduction purpose other than one of the pur7 poses so specified if— 

8 (A) the Secretary of Defense determines 

9 that it is necessary to do so in the national in10 terest; and 

11 (B) the requirements of subsection (c) 

12 have been met. 

13 (2) CONSTRUCTION WITH OTHER LAWS.—Noth14 ing in paragraph (1) shall be construed as author15 izing the obligation or expenditure of Department of 

16 Defense Cooperative Threat Reduction Program 

17 funds for a purpose for which the obligation or ex18 penditure of such funds is specifically prohibited 

19 under any provision of law. 

20 (b) LIMITED AUTHORITY TO VARY INDIVIDUAL

21 AMOUNTS PROVIDED FOR ANY FISCAL YEAR FOR SPECI22 FIED PURPOSES.—For any fiscal year for which amounts 

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1 tion Program, the Secretary of Defense, subject to sub2 section (c), may obligate funds appropriated or otherwise 

3 made available for any such purpose for that fiscal year 

4 in excess of the specific amount so authorized for that pur5 pose if— 

6 (1) the Secretary of Defense determines that it 

7 is necessary to do so in the national interest; and 

8 (2) the requirements of subsection (c) have 

9 been met. 

10 (c) NOTICE-AND-WAIT REQUIREMENTS.—The re11 quirements of this subsection for purposes of subsections 

12 (a) and (b) are that— 

13 (1) the Secretary submit to the congressional 

14 defense committees notification of the intent to obli15 gate funds as described in subsection (a) or (b), to16 gether with a complete discussion of the justification 

17 for doing so and, in the case of a report for purposes 

18 of subsection (a), a statement of the purpose for 

19 which the funds will be used and the amount of 

20 funds to be used; and 

21 (2) 15 days have elapsed following the date of 

22 the notification. 


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1 SEC. 1615. USE OF CONTRIBUTIONS TO THE DEPARTMENT 

2 OF DEFENSE COOPERATIVE THREAT REDUC3 TION PROGRAM. 

4 (a) AUTHORITY TO ENTER INTO AGREEMENTS.— 

5 (1) AUTHORITY.—Subject to paragraph (2), the 

6 Secretary of Defense may enter into one or more 

7 agreements with any person (including a foreign 

8 government, international organization, multi9 national entity, or any other entity) that the Sec10 retary of Defense considers appropriate under which 

11 the person contributes funds for activities conducted 

12 under the Department of Defense Cooperative 

13 Threat Reduction Program. 

14 (2) REQUIREMENT FOR SECRETARY OF STATE

15 CONCURRENCE.—The Secretary of Defense may 

16 enter into an agreement under this subsection only 

17 with the concurrence of the Secretary of State. 

18 (b) RETENTION AND USE OF AMOUNTS.—Notwith19 standing section 3302 of title 31, United States Code, and 

20 subject to subsections (c) and (d), the Secretary of De21 fense may retain and obligate or expend amounts contrib22 uted pursuant to subsection (a) for purposes of the De23 partment of Defense Cooperative Threat Reduction Pro24 gram. Amounts so contributed shall be retained in a sepa25 rate fund established in the Treasury for such purposes 


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1 and shall be available to be obligated or expended without 

2 further appropriation. 

3 (c) RETURN OF AMOUNTS NOT OBLIGATED OR EX4 PENDED WITHIN THREE YEARS.—If the Secretary of De5 fense does not obligate or expend an amount contributed 

6 pursuant to subsection (a) by the date that is three years 

7 after the date on which the contribution was made, the 

8 Secretary shall return the amount to the person who made 

9 the contribution. 

10 (d) NOTICE TO CONGRESSIONAL DEFENSE COMMIT11 TEES.— 

12 (1) IN GENERAL.—Not later than 30 days after 

13 receiving an amount contributed pursuant to sub14 section (a), the Secretary of Defense shall submit to 

15 the congressional defense committees a notice— 

16 (A) specifying the value of the contribution 

17 and the purpose for which the contribution was 

18 made; and 

19 (B) identifying the person who made the 

20 contribution. 

21 (2) LIMITATION ON USE OF AMOUNTS.—The 

22 Secretary of Defense may not obligate an amount 

23 contributed pursuant to subsection (a) until the date 

24 that is 15 days after the date on which the Sec25 retary submits the notice required by paragraph (1). 


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1 (e) ANNUAL REPORT.—Not later than the first Mon2 day in February of each year, the Secretary of Defense 

3 shall submit to the congressional defense committees a re4 port on amounts contributed pursuant to subsection (a) 

5 during the preceding fiscal year. Each such report shall 

6 include, for the fiscal year covered by the report, the fol7 lowing: 

8 (1) A statement of any amounts contributed 

9 pursuant to subsection (a), including, for each such 

10 amount, the value of the contribution and the iden11 tity of the person who made the contribution. 

12 (2) A statement of any amounts so contributed 

13 that were obligated or expended by the Secretary of 

14 Defense, including, for each such amount, the pur15 poses for which the amount was obligated or ex16 pended. 

17 (3) A statement of any amounts so contributed 

18 that were retained but not obligated or expended, in19 cluding, for each such amount, the purposes (if 

20 known) for which the Secretary of Defense intends 

21 to obligate or expend the amount. 

22 (f) IMPLEMENTATION PLAN.—The Secretary of De23 fense shall submit to the congressional defense committees 

24 an implementation plan for the authority provided under 

25 this section prior to obligating or expending any amounts 


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1 contributed pursuant to subsection (a). The Secretary of 

2 Defense shall submit updates to such plan as needed. 

3 Subtitle B—Restrictions and 

4 Limitations 

5 SEC. 1621. PROHIBITION ON USE OF FUNDS FOR SPECIFIED 

6 PURPOSES. 

7 (a) IN GENERAL.—Funds appropriated for the De8 partment of Defense Cooperative Threat Reduction Pro9 gram may not be obligated or expended for any of the 

10 following purposes: 

11 (1) Conducting any peacekeeping exercise or 

12 other peacekeeping-related activity. 

13 (2) Provision of housing. 

14 (3) Provision of assistance to promote environ15 mental restoration. 

16 (4) Provision of assistance to promote job re17 training. 

18 (5) Provision of assistance to promote defense 

19 conversion. 

20 (b) LIMITATION WITH RESPECT TO CONVENTIONAL

21 WEAPONS.—Funds appropriated for the Department of 

22 Defense Cooperative Threat Reduction Program may not 

23 be obligated or expended for elimination of— 

24 (1) conventional weapons; or 


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1 (2) conventional weapons delivery vehicles, un2 less such delivery vehicles could reasonably be used 

3 or adapted to be used for the delivery of chemical, 

4 nuclear, or biological weapons. 

5 SEC. 1622. REQUIREMENT FOR ON-SITE MANAGERS. 

6 (a) ON-SITE MANAGER REQUIREMENT.—Before obli7 gating any Department of Defense Cooperative Threat Re8 duction Program funds for a project described in sub9 section (b), the Secretary of Defense shall appoint one on10 site manager for that project. The manager shall be ap11 pointed from among employees of the Federal Govern12 ment. 

13 (b) PROJECTS COVERED.—Subsection (a) applies to 

14 a project— 

15 (1) to be located in a state of the former Soviet 

16 Union; 

17 (2) which involves dismantlement, destruction, 

18 or storage facilities, or construction of a facility; and 

19 (3) with respect to which the total contribution 

20 by the Department of Defense is expected to exceed 

21 $50,000,000. 

22 (c) DUTIES OF ON-SITE MANAGER.—The on-site 

23 manager appointed under subsection (a) shall— 

24 (1) develop, in cooperation with representatives 

25 from governments of states participating in the 


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1 project, a list of those steps or activities critical to 

2 achieving the project’s disarmament or nonprolifera3 tion goals; 

4 (2) establish a schedule for completing those 

5 steps or activities; 

6 (3) meet with all participants to seek assur7 ances that those steps or activities are being com8 pleted on schedule; and 

9 (4) suspend United States participation in a 

10 project when a non-United States participant fails to 

11 complete a scheduled step or activity on time, unless 

12 directed by the Secretary of Defense to resume 

13 United States participation. 

14 (d) AUTHORITY TO MANAGE MORE THAN ONE

15 PROJECT.— 

16 (1) Subject to paragraph (2), an employee of 

17 the Federal Government may serve as on-site man18 ager for more than one project, including projects at 

19 different locations. 

20 (2) If such an employee serves as on-site man21 ager for more than one project in a fiscal year, the 

22 total cost of the projects for that fiscal year may not 

23 exceed $150,000,000. 

24 (e) STEPS OR ACTIVITIES.—Steps or activities re25 ferred to in subsection (c)(1) are those activities that, if 


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1 not completed, will prevent a project from achieving its 

2 disarmament or nonproliferation goals, including, at a 

3 minimum, the following: 

4 (1) Identification and acquisition of permits (as 

5 defined in section 1623). 

6 (2) Verification that the items, substances, or 

7 capabilities to be dismantled, secured, or otherwise 

8 modified are available for dismantlement, securing, 

9 or modification. 

10 (3) Timely provision of financial, personnel, 

11 management, transportation, and other resources. 

12 (f) NOTIFICATION TO CONGRESS.—In any case in 

13 which the Secretary of Defense directs an on-site manager 

14 to resume United States participation in a project under 

15 subsection (c)(4), the Secretary shall concurrently notify 

16 the congressional defense committees of such direction. 

17 SEC. 1623. LIMITATION ON USE OF FUNDS UNTIL CERTAIN 

18 PERMITS OBTAINED. 

19 (a) IN GENERAL.—The Secretary of Defense shall 

20 seek to obtain all the permits required to complete each 

21 phase of construction of a project under the Department 

22 of Defense Cooperative Threat Reduction Program in a 

23 state of the former Soviet Union before obligating signifi24 cant amounts of funding for that phase of the project. 


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1 (b) USE OF FUNDS FOR NEW CONSTRUCTION

2 PROJECTS.—Except as provided in subsection (c), with re3 spect to a new construction project to be carried out by 

4 the Department of Defense Cooperative Threat Reduction 

5 Program, not more than 40 percent of the total costs of 

6 the project may be obligated from Department of Defense 

7 Cooperative Threat Reduction Program funds for any fis8 cal year until the Secretary of Defense— 

9 (1) determines the number and type of permits 

10 that may be required for the lifetime of the project 

11 in the proposed location or locations of the project; 

12 and 

13 (2) obtains from the State in which the project 

14 is to be located any permits that may be required to 

15 begin construction. 

16 (c) EXCEPTION TO LIMITATIONS ON USE OF

17 FUNDS.—The limitation in subsection (b) on the obliga18 tion of funds for a construction project otherwise covered 

19 by such subsection shall not apply with respect to the obli20 gation of funds for a particular project if the Secretary 

21 of Defense— 

22 (1) determines that it is necessary in the na23 tional interest to obligate funds for such project; and 

24 (2) submits to the congressional defense com25 mittees a notification of the intent to obligate funds 


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1 for such project, together with a complete discussion 

2 of the justification for doing so. 

3 (d) DEFINITIONS.—In this section, with respect to a 

4 project under the Department of Defense Cooperative 

5 Threat Reduction Program: 

6 (1) NEW CONSTRUCTION PROJECT.—The term 

7 ‘‘new construction project’’ means a construction 

8 project for which no funds have been obligated or 

9 expended as of November 24, 2003. 

10 (2) PERMIT.—The term ‘‘permit’’ means any 

11 local or national permit for development, general 

12 construction, environmental, land use, or other pur13 poses that is required for purposes of major con14 struction. 

15 Subtitle C—Recurring 

16 Certifications and Reports 

17 SEC. 1631. ANNUAL CERTIFICATIONS ON USE OF FACILI18 TIES BEING CONSTRUCTED FOR DEPART19 MENT OF DEFENSE COOPERATIVE THREAT 

20 REDUCTION PROJECTS OR ACTIVITIES. 

21 Not later than the first Monday of February each 

22 year, the Secretary of Defense shall submit to the congres23 sional defense committees a certification for each facility 

24 for a Cooperative Threat Reduction project or activity for 


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1 which construction occurred during the preceding fiscal 

2 year on matters as follows: 

3 (1) Whether or not such facility will be used for 

4 its intended purpose by the government of the state 

5 of the former Soviet Union in which the facility is 

6 constructed. 

7 (2) Whether or not the government of such 

8 state remains committed to the use of such facility 

9 for its intended purpose. 

10 (3) Whether those actions needed to ensure se11 curity at the facility, including secure transportation 

12 of any materials, substances, or weapons to, from, or 

13 within the facility, have been taken. 

14 SEC. 1632. REQUIREMENT TO SUBMIT SUMMARY OF 

15 AMOUNTS REQUESTED BY PROJECT CAT16 EGORY. 

17 (a) SUMMARY REQUIRED.—The Secretary of Defense 

18 shall submit to the congressional defense committees in 

19 the materials and manner specified in subsection (c)— 

20 (1) a descriptive summary, with respect to the 

21 appropriations requested for the Department of De22 fense Cooperative Threat Reduction Program for the 

23 fiscal year after the fiscal year in which the sum24 mary is submitted, of the amounts requested for 

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1 fense Cooperative Threat Reduction program ele2 ment; and 

3 (2) a descriptive summary, with respect to ap4 propriations for the Department of Defense Cooper5 ative Threat Reduction Program for the fiscal year 

6 in which the list is submitted and the previous fiscal 

7 year, of the amounts obligated or expended, or 

8 planned to be obligated or expended, for each project 

9 category under each Department of Defense Cooper10 ative Threat Reduction program element. 

11 (b) DESCRIPTION OF PURPOSE AND INTENT.—The 

12 descriptive summary required under subsection (a) shall 

13 include a narrative description of each program and 

14 project category under each Department of Defense Coop15 erative Threat Reduction program element that explains 

16 the purpose and intent of the funds requested. 

17 (c) INCLUSION IN CERTAIN MATERIALS SUBMITTED

18 TO CONGRESS.—The summary required to be submitted 

19 in a fiscal year under subsection (a) shall be set forth by 

20 project category, and by amounts specified in paragraphs 

21 (1) and (2) of that subsection in connection with such 

22 project category, in each of the following: 

23 (1) The annual report on activities and assist24 ance under the Department of Defense Cooperative 


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1 Threat Reduction Program required in such fiscal 

2 year under section 1633. 

3 (2) The budget justification materials sub4 mitted to Congress in support of the Department of 

5 Defense budget for the fiscal year succeeding such 

6 fiscal year (as submitted with the budget of the 

7 President under section 1105(a) of title 31, United 

8 States Code). 

9 SEC. 1633. REPORTS ON ACTIVITIES AND ASSISTANCE 

10 UNDER THE DEPARTMENT OF DEFENSE CO11 OPERATIVE THREAT REDUCTION PROGRAM. 

12 (a) ANNUAL REPORT.—In any year in which the 

13 budget of the President under section 1105 of title 31, 

14 United States Code, for the fiscal year beginning in such 

15 year requests funds for the Department of Defense for as16 sistance or activities under the Department of Defense Co17 operative Threat Reduction Program, the Secretary of De18 fense shall, after consultation with the Secretary of State, 

19 submit to the congressional defense committees, the Com20 mittee on Foreign Affairs of the House of Representatives, 

21 and the Committee on Foreign Relations of the Senate 

22 a report on activities and assistance during the preceding 

23 fiscal year under the Department of Defense Cooperative 

24 Threat Reduction Program setting forth the matters in 

25 subsection (c). 


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1 (b) DEADLINE FOR REPORT.—The report under sub2 section (a) shall be submitted not later than the first Mon3 day in February of a year. 

4 (c) MATTERS TO BE INCLUDED.—The report under 

5 subsection (a) in a year shall set forth the following: 

6 (1) An estimate of the total amount that will be 

7 required to be expended by the United States in 

8 order to achieve the objectives of the Department of 

9 Defense Cooperative Threat Reduction Program. 

10 (2) A five-year plan setting forth the amount of 

11 funds and other resources proposed to be provided 

12 by the United States for the Department of Defense 

13 Cooperative Threat Reduction Program over the 

14 term of the plan, including the purpose for which 

15 such funds and resources will be used, and to pro16 vide guidance for the preparation of annual budget 

17 submissions with respect to the Department of De18 fense Cooperative Threat Reduction Program. 

19 (3) A description of the Department of Defense 

20 Cooperative Threat Reduction activities carried out 

21 during the fiscal year ending in the year preceding 

22 the year of the report, including— 

23 (A) the amounts notified, obligated, and 

24 expended for such activities and the purposes 

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1 gated, and expended for such fiscal year and 

2 cumulatively for the Department of Defense Co3 operative Threat Reduction Program; 

4 (B) a description of the participation, if 

5 any, of each department and agency of the 

6 United States Government in such activities; 

7 (C) a description of such activities, includ8 ing the forms of assistance provided; 

9 (D) a description of the United States pri10 vate sector participation in the portion of such 

11 activities that were supported by the obligation 

12 and expenditure of funds for the Department of 

13 Defense Cooperative Threat Reduction Pro14 gram; and 

15 (E) such other information as the Sec16 retary of Defense considers appropriate to in17 form Congress fully of the operation of Depart18 ment of Defense Cooperative Threat Reduction 

19 programs and activities, including with respect 

20 to proposed demilitarization or conversion 

21 projects, information on the progress toward 

22 demilitarization of facilities and the conversion 

23 of the demilitarized facilities to civilian activi24 ties. 


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1 (4) A description of the means (including pro2 gram management, audits, examinations, and other 

3 means) used by the United States during the fiscal 

4 year ending in the year preceding the year of the re5 port to ensure that assistance provided under the 

6 Department of Defense Cooperative Threat Reduc7 tion Program is fully accounted for, that such assist8 ance is being used for its intended purpose, and that 

9 such assistance is being used efficiently and effec10 tively, including— 

11 (A) if such assistance consisted of equip12 ment, a description of the current location of 

13 such equipment and the current condition of 

14 such equipment; 

15 (B) if such assistance consisted of con16 tracts or other services, a description of the sta17 tus of such contracts or services and the meth18 ods used to ensure that such contracts and 

19 services are being used for their intended pur20 pose; 

21 (C) a determination whether the assistance 

22 described in subparagraphs (A) and (B) has 

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1 vided is being used effectively and efficiently; 

2 and 

3 (D) a description of the efforts planned to 

4 be carried out during the fiscal year beginning 

5 in the year of the report to ensure that Depart6 ment of Defense Cooperative Threat Reduction 

7 assistance provided during such fiscal year is 

8 fully accounted for and is used for its intended 

9 purpose. 

10 (5) A description of the defense and military 

11 activities carried out under the Department of De12 fense Cooperative Threat Reduction Program, in13 cluding under the Defense and Military Contacts 

14 program during the fiscal year ending in the year 

15 preceding the year of the report, including— 

16 (A) the amounts obligated or expended for 

17 such activities; 

18 (B) the strategy, goals, and objectives for 

19 which such amounts were obligated and ex20 pended; 

21 (C) a description of the activities carried 

22 out, including the forms of assistance provided, 

23 and the justification for each form of assistance 

24 provided; 


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1 (D) the success of each activity, including 

2 the goals and objectives achieved for each; 

3 (E) a description of participation by pri4 vate sector entities in the United States in car5 rying out such activities, and the participation 

6 of any other Federal department or agency in 

7 such activities; and 

8 (F) any other information that the Sec9 retary considers relevant to provide a complete 

10 description of the operation and success of ac11 tivities carried out under the Department of 

12 Defense Cooperative Threat Reduction Pro13 gram. 

14 SEC. 1634. METRICS FOR THE DEPARTMENT OF DEFENSE 

15 COOPERATIVE THREAT REDUCTION PRO16 GRAM. 

17 The Secretary of Defense shall implement metrics to 

18 measure the impact and effectiveness of activities of the 

19 Department of Defense Cooperative Threat Reduction 

20 Program to address threats arising from the proliferation 

21 of chemical, nuclear, and biological weapons and weapons22 related materials, technologies, and expertise. 


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1 Subtitle D—Repeals and Transition 

2 Provision 

3 SEC. 1641. REPEALS. 

4 The following provisions of law are repealed: 

5 (1) Sections 212, 221, 222, and 231 of the So6 viet Nuclear Threat Reduction Act of 1991 (Public 

7 Law 102–228; 22 U.S.C. 2551 note). 

8 (2) Sections 1412 and 1431 of the Former So9 viet Union Demilitarization Act (Public Law 102– 

10 484; 22 U.S.C. 5902, 5921). 

11 (3) Sections 1203, 1204, 1206, and 1208 of the 

12 Cooperative Threat Reduction Act of 1993 (title XII 

13 of the National Defense Authorization Act for Fiscal 

14 Year 1994; Public Law 103–160; 22 U.S.C. 5952, 

15 5953, 5955, 5957). 

16 (4) Section 1205 of the National Defense Au17 thorization Act for Fiscal Year 1996 (Public Law 

18 104–106; 22 U.S.C. 5955 note). 

19 (5) Section 1501 of the National Defense Au20 thorization Act for Fiscal Year 1997 (Public Law 

21 104–201; 50 U.S.C. 2362 note). 

22 (6) Section 1307 of the Strom Thurmond Na23 tional Defense Authorization Act for Fiscal Year 

24 1999 (Public Law 105–261; 22 U.S.C. 5952 note). 


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1 (7) Section 1303 of the National Defense Au2 thorization Act for Fiscal Year 2000 (Public Law 

3 106–65; 22 U.S.C. 5952 note). 

4 (8) Sections 1303, 1304, 1306, and 1308 of the 

5 Floyd D. Spence National Defense Authorization 

6 Act for Fiscal Year 2001 (as enacted into law by 

7 Public Law 106–398; 22 U.S.C. 5952 note, 5959). 

8 (9) Section 1304 of the National Defense Au9 thorization Act for Fiscal Year 2002 (Public Law 

10 107–107; 22 U.S.C. 5952 note). 

11 (10) Sections 1305 and 1306 of the Bob Stump 

12 National Defense Authorization Act for Fiscal Year 

13 2003 (Public Law 107–314; 22 U.S.C. 5952 note). 

14 (11) Sections 1303, 1305, 1307, and 1308 of 

15 the National Defense Authorization Act for Fiscal 

16 Year 2004 (Public Law 108–136; 22 U.S.C. 5960, 

17 5961, 5962, and 5963). 

18 (12) Sections 1303, 1304, 1305, and 1306 of 

19 the National Defense Authorization Act for Fiscal 

20 Year 2010 (Public Law 111–84; 22 U.S.C. 5952, 

21 5964, 5965, and 5952 note). 

22 SEC. 1642. TRANSITION PROVISION. 

23 Any determination made before the date of the enact24 ment of this Act under section 1308(a) of the National 

25 Defense Authorization Act for Fiscal Year 2004 (22 


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1 U.S.C. 5963(a)) shall be treated as a determination under 

2 section 1612(a). Any determination made before the date 

3 of the enactment of this Act under section 1305(b) of the 

4 National Defense Authorization Act for Fiscal Year 2010 

5 (22 U.S.C. 5965) shall be treated as a determination 

6 under section 1613(b). The requirement for a determina7 tion under section 1612 shall not apply to a state that 

8 was part of the former Soviet Union, but regular coordina9 tion practices shall apply. 

10 DIVISION B—MILITARY CON11 STRUCTION AUTHORIZA12 TIONS 

13 SEC. 2001. SHORT TITLE. 

14 This division may be cited as the ‘‘Military Construc15 tion Authorization Act for Fiscal Year 2015’’. 

16 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

17 AMOUNTS REQUIRED TO BE SPECIFIED BY 

18 LAW. 

19 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

20 YEARS.—Except as provided in subsection (b), all author21 izations contained in titles XXI through XXVII for mili22 tary construction projects, land acquisition, family housing 

23 projects and facilities, and contributions to the North At24 lantic Treaty Organization Security Investment Program 


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1 (and authorizations of appropriations therefor) shall ex2 pire on the later of— 

3 (1) October 1, 2017; or 

4 (2) the date of the enactment of an Act author5 izing funds for military construction for fiscal year 

6 2018. 

7 (b) EXCEPTION.—Subsection (a) shall not apply to 

8 authorizations for military construction projects, land ac9 quisition, family housing projects and facilities, and con10 tributions to the North Atlantic Treaty Organization Se11 curity Investment Program (and authorizations of appro12 priations therefor), for which appropriated funds have 

13 been obligated before the later of— 

14 (1) October 1, 2017; or 

15 (2) the date of the enactment of an Act author16 izing funds for fiscal year 2018 for military con17 struction projects, land acquisition, family housing 

18 projects and facilities, or contributions to the North 

19 Atlantic Treaty Organization Security Investment 

20 Program. 


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1 TITLE XXI—ARMY MILITARY 

2 CONSTRUCTION 

3 SEC. 2101. AUTHORIZED ARMY 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 2103(1), the Secretary of the Army 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: 

Army: Inside the United States 

State Installation Amount 

California ................. Concord ........................................................... $15,200,000

Fort Irwin ....................................................... $45,000,000

Colorado .................. Fort Carson .................................................... $89,000,000

Hawaii ..................... Fort Shafter ................................................... $96,000,000

Kentucky ................. Fort Campbell ................................................ $23,000,000

New York ................ Fort Drum ...................................................... $27,000,000

Pennsylvania ........... Letterkenny Army Depot ............................... $16,000,000

South Carolina ........ Fort Jackson .................................................. $52,000,000

Virginia ................... Joint Base Langley-Eustis ............................. $7,700,000. 

12 (b) OUTSIDE THE UNITED STATES.—Using amounts 

13 appropriated pursuant to the authorization of appropria14 tions in section 2103(2), the Secretary of the Army may 

15 acquire real property and carry out military construction 

16 projects for the installations or locations outside the 

17 United States, and in the amounts, set forth in the fol18 lowing table: 


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Army: Outside the United States 

Country Installation Amount 

Cuba .......................... Guantanamo Bay ........................................ $23,800,000

Japan ........................ Kadena AB ................................................. $10,600,000. 

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 construct or acquire family hous5 ing units (including land acquisition and supporting facili6 ties) at the installations or locations, in the number of 

7 units, and in the amounts set forth in the following table: 

Army: Family Housing 

Country Installation Units Amount 

Illinois ................... Rock Island ................................. 33 ............ $19,500,000

Korea .................... Camp Walker .............................. 90 ............ $57,800,000. 

8 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2014, for mili11 tary construction, land acquisition, and military family 

12 housing functions of the Department of the Army in the 

13 total amount of $969,012,000 as follows: 

14 (1) For military construction projects inside the 

15 United States authorized by section 2101(a), 

16 $370,900,000. 

17 (2) For military construction projects outside 

18 the United States authorized by section 2101(b), 

19 $34,400,000. 


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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, $51,127,000. 

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, $78,609,000. 

11 (B) For support of military family housing 

12 (including the functions described in section 

13 2833 of title 10, United States Code), 

14 $350,976,000. 

15 (6) For the construction of increment 3 of the 

16 Cadet Barracks at the United States Military Acad17 emy, New York, authorized by section 2101(a) of 

18 the Military Construction Authorization Act for Fis19 cal Year 2013 (division B of Public Law 112–239; 

20 126 Stat. 2119), $58,000,000. 

21 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 

22 CERTAIN FISCAL YEAR 2004 PROJECT. 

23 In the case of the authorization contained in the table 

24 in section 2101(a) of the Military Construction Authoriza25 tion Act for Fiscal Year 2004 (division B of Public Law 


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1 108–136; 117 Stat. 1697) for Picatinny Arsenal, New 

2 Jersey, for construction of an Explosives Research and 

3 Development Loading Facility at the installation, the Sec4 retary of the Army may use available unobligated balances 

5 of amounts appropriated for military construction for the 

6 Army to complete work on the project within the scope 

7 specified for the project in the justification data provided 

8 to Congress as part of the request for authorization of 

9 the project. 

10 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

11 CERTAIN FISCAL YEAR 2013 PROJECTS. 

12 (a) FORT DRUM.—(1) In executing the authorization 

13 contained in the table in section 2101(a) of the Military 

14 Construction Authorization Act for Fiscal Year 2013 (di15 vision B of Public Law 112–239; 126 Stat. 2119) for Fort 

16 Drum, New York, for construction of an Aircraft Mainte17 nance Hangar at the installation, the Secretary of the 

18 Army may provide a capital contribution to a public or 

19 private utility company in order for the utility company 

20 to extend the utility company’s gas line to the installation 

21 boundary. 

22 (2) The capital contribution under subsection (a) is 

23 not considered a change in the scope of work under section 

24 2853 of title 10, United States Code. 


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1 (b) FORT LEONARD WOOD.—In the case of the au2 thorization contained in the table in section 2101(a) of 

3 the Military Construction Authorization Act for Fiscal 

4 Year 2013 (division B of Public Law 112–239; 126 Stat. 

5 2119) for Fort Leonard Wood, Missouri, for construction 

6 of Battalion Complex Facilities at the installation, the 

7 Secretary of the Army may construct the Battalion Head8 quarters with classrooms for a unit other than a Global 

9 Defense Posture Realignment unit. 

10 (c) FORT MCNAIR.—In the case of the authorization 

11 contained in the table in section 2101(a) of the Military 

12 Construction Authorization Act for Fiscal Year 2013 (di13 vision B of Public Law 112–239; 126 Stat. 2119) for Fort 

14 McNair, District of Columbia, for construction of a Vehi15 cle Storage Building at the installation, the Secretary of 

16 the Army may construct up to 20,227 square feet of vehi17 cle storage. 

18 SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

19 FISCAL YEAR 2011 PROJECT. 

20 (a) EXTENSIONS.—Notwithstanding section 2002 of 

21 the Military Construction Authorization Act for Fiscal 

22 Year 2011 (division B of Public Law 111–383; 124 Stat. 

23 4436), the authorization set forth in the table in sub24 section (b), as provided in section 2101 of that Act (124 

25 Stat. 4437), shall remain in effect until October 1, 2015, 


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1 or the date of the enactment of an Act authorizing funds 

2 for military construction for fiscal year 2016, whichever 

3 is later. 

4 (b) TABLE.—The table referred to in subsection (a) 

5 as follows: 

Army: Extension of 2011 Project Authorizations 

State/Country Installation or 

Location Project Amount 

Georgia ............. Fort Benning ............... Land Acquisition ......... $12,200,000. 

6 SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

7 FISCAL YEAR 2012 PROJECTS. 

8 (a) EXTENSIONS.—Notwithstanding section 2002 of 

9 the Military Construction Authorization Act for Fiscal 

10 Year 2012 (division B of Public Law 112–81; 125 Stat. 

11 1660), the authorizations set forth in the table in sub12 section (b), as provided in section 2101 of that Act (125 

13 Stat. 1661), shall remain in effect until October 1, 2015, 

14 or the date of the enactment of an Act authorizing funds 

15 for military construction for fiscal year 2016, whichever 

16 is later. 

17 (b) TABLE.—The table referred to in subsection (a) 

18 as follows: 

Army: Extension of 2012 Project Authorizations 

State Installation or 

Location Project Amount 

Georgia ................ Fort Benning ...... Land Acquisition .............. $5,100,000

Land Acquisition .............. $25,000,000

North Carolina .... Fort Bragg .......... Unmanned Aerial Vehicle 

Maintenance Hangar.

$54,000,000

Texas ................... Fort Bliss ............ Applied Instruction Building.$8,300,000


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Army: Extension of 2012 Project Authorizations—Continued 

State Installation or 

Location Project Amount 

Vehicle Maintenance Facility.$19,000,000

Fort Hood ........... Unmanned Aerial Vehicle 

Maintenance Hangar.

$47,000,000

Virginia ............... Fort Belvoir ........ Road and Infrastructure 

Improvements.

$25,000,000. 

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 ......................................................... $16,608,000

California .................... Bridgeport ................................................. $16,180,000

San Diego .................................................. $47,110,000

District of Columbia .. Naval Support Activity Washington .......... $31,735,000

Florida ........................ Jacksonville ................................................ $30,235,000

Mayport ..................................................... $20,520,000

Hawaii ........................ Kaneohe Bay ............................................. $53,382,000

Pearl Harbor ............................................. $9,698,000

Maryland .................... Annapolis ................................................... $120,112,000

Indian Head .............................................. $15,346,000

Patuxent River .......................................... $9,860,000

Nevada ....................... Fallon ........................................................ $31,262,000

North Carolina ........... Cherry Point Marine Corps Air Station .... $41,588,000

Pennsylvania .............. Philadelphia ............................................... $23,985,000

South Carolina ........... Charleston .................................................. $35,716,000

Virginia ...................... Dahlgren .................................................... $27,313,000

Norfolk ....................................................... $39,274,000

Portsmouth ................................................ $9,743,000

Quantico .................................................... $12,613,000

Yorktown ................................................... $26,988,000

Washington ................ Bremerton .................................................. $16,401,000


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Navy: Inside the United States—Continued 

State Installation Amount 

Port Angeles .............................................. $20,638,000

Whidbey Island .......................................... $24,390,000. 

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 ....................................................... $27,826,000

Djibouti ...................... Camp Lemonier ............................................ $9,923,000

Guam ......................... Joint Region Marianas ................................. $50,651,000

Japan ......................... Iwakuni ........................................................ $6,415,000

Kadena AB ................................................... $19,411,000

MCAS Futenma ........................................... $4,639,000

Okinawa ....................................................... $35,685,000

Spain .......................... Rota .............................................................. $20,233,000

Worldwide Unspecified Unspecified Worldwide Locations ................ $38,985,000. 

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 $472,000. 


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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 $15,940,000. 

8 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal years beginning after September 30, 2014, for mili11 tary construction, land acquisition, and military family 

12 housing functions of the Department of the Navy in the 

13 total amount of $1,389,213,000, as follows: 

14 (1) For military construction projects inside the 

15 United States authorized by section 2201(a), 

16 $680,697,000. 

17 (2) For military construction projects outside 

18 the United States authorized by section 2201(b), 

19 $213,768,000. 

20 (3) For unspecified minor military construction 

21 projects authorized by section 2805 of title 10, 

22 United States Code, $7,163,000. 

23 (4) For architectural and engineering services 

24 and construction design under section 2807 of title 

25 10, United States Code, $33,366,000. 

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, $16,412,000. 

4 (B) For support of military family housing 

5 (including functions described in section 2833 

6 of title 10, United States Code), $354,029,000. 

7 (6) For the construction of increment 4 of the 

8 Explosives Handling Wharf No. 2 at Kitsap, Wash9 ington, authorized by section 2201(a) of the Military 

10 Construction Authorization Act for Fiscal Year 2012 

11 (division B of Public Law 112–81; 125 Stat. 1666), 

12 as amended by section 2205 of the Military Con13 struction Authorization Act for Fiscal Year 2013 

14 (division B of Public Law 112–239; 126 Stat. 2124) 

15 $83,778,000. 

16 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

17 CERTAIN FISCAL YEAR 2012 PROJECTS. 

18 (a) YUMA.—In the case of the authorization con19 tained in the table in section 2201(a) of the Military Con20 struction Authorization Act for Fiscal Year 2012 (division 

21 B of Public Law 112–81; 125 Stat. 1666), for Yuma, Ari22 zona, for construction of a Double Aircraft Maintenance 

23 Hangar, the Secretary of the Navy may construct up to 

24 approximately 70,000 square feet of additional apron to 

25 be utilized as a taxi-lane using amounts appropriated for 


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1 this project pursuant to the authorization of appropria2 tions in section 2204 of such Act (125 Stat. 1667). 

3 (b) CAMP PENDLETON.—In the case of the author4 ization contained in the table in section 2201(a) of the 

5 Military Construction Authorization Act for Fiscal Year 

6 2012 (division B of Public Law 112–81; 125 Stat. 1666), 

7 for Camp Pendleton, California, for construction of an In8 fantry Squad Defense Range, the Secretary of the Navy 

9 may construct up to 9,000 square feet of vehicular bridge 

10 using amounts appropriated for this project pursuant to 

11 the authorization of appropriations in section 2204 of such 

12 Act (125 Stat. 1667). 

13 (c) KINGS BAY.—In the case of the authorization 

14 contained in the table in section 2201(a) of the Military 

15 Construction Authorization Act for Fiscal Year 2012 (di16 vision B of Public Law 112–81; 125 Stat. 1666), for 

17 Kings Bay, Georgia, for construction of a Crab Island Se18 curity Enclave, the Secretary of the Navy may expand the 

19 enclave fencing system to three layers of fencing and con20 struct two elevated fixed fighting positions with associated 

21 supporting facilities using amounts appropriated for this 

22 project pursuant to the authorization of appropriations in 

23 section 2204 of such Act (125 Stat. 1667). 


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1 SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2014 PROJECT. 

3 In the case of the authorization contained in the table 

4 in section 2201(a) of the Military Construction Authoriza5 tion Act for Fiscal Year 2014 (division B of Public Law 

6 113–66; 127 Stat. 989), for Yorktown, Virginia, for con7 struction of Small Arms Ranges, the Secretary of the 

8 Navy may construct 240 square meters of armory, 48 

9 square meters of Safety Officer/Target Storage Building, 

10 and 667 square meters of Range Operations Building 

11 using appropriations available for the project pursuant to 

12 the authorization of appropriations in section 2204 of such 

13 Act (127 Stat. 990). 

14 SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

15 FISCAL YEAR 2011 PROJECTS. 

16 (a) EXTENSION.—Notwithstanding section 2002 of 

17 the Military Construction Authorization Act for Fiscal 

18 Year 2011 (division B of Public Law 111–383; 124 Stat. 

19 4436), the authorizations set forth in the table in sub20 section (b), as provided in section 2201 of that Act (124 

21 Stat. 4441) and extended by section 2207 of the Military 

22 Construction Authorization Act for Fiscal Year 2014 (di23 vision B of Public Law 113–66; 127 Stat. 991), shall re24 main in effect until October 1, 2015, or the date of an 

25 Act authorizing funds for military construction for fiscal 

26 year 2016, whichever is later. 


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1 (b) TABLE.—The table referred to in subsection (a) 

2 is as follows: 

Navy: Extension of 2011 Project Authorizations 

State/Country Installation or 

Location Project Amount 

Bahrain ............... Southwest Asia .............. Navy Central Command Ammunition Magazines.$89,280,000

Guam .................. Naval Activities, Guam .. Defense Access 

Roads Improvements.

$66,730,000. 

3 SEC. 2208. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2012 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2002 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2012 (division B of Public Law 112–81; 125 Stat. 

8 1660), the authorizations set forth in the table in sub9 section (b), as provided in section 2201 of that Act (125 

10 Stat. 1666), shall remain in effect until October 1, 2015, 

11 or the date of an Act authorizing funds for military con12 struction for fiscal year 2016, whichever is later. 

13 (b) TABLE.—The table referred to in subsection (a) 

14 is as follows: 

Navy: Extension of 2012 Project Authorizations 

State/Country Installation or 

Location Project Amount 

California ............. Camp Pendleton ............... North Area Waste 

Water Conveyance.

$78,271,000

Infantry Squad 

Defense Range.

$29,187,000

Twentynine Palms ............ Land Expansion .. $8,665,000

Florida ................. Jacksonville ....................... P–8A Hangar Upgrades.$6,085,000

Georgia ................ Kings Bay ......................... Crab Island Security Enclave.$52,913,000

WRA Land/Water 

Interface.

$33,150,000


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Navy: Extension of 2012 Project Authorizations—Continued 

State/Country Installation or 

Location Project Amount 

Maryland ............. Patuxent River ................. Aircraft Prototype 

Facility Phase 

2.

$45,844,000. 

1 TITLE XXIII—AIR FORCE 

2 MILITARY CONSTRUCTION 

3 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

4 LAND ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2304(1), the Secretary of the Air Force 

8 may acquire real property and carry out military construc9 tion projects for the installations or locations inside the 

10 United States, and in the amounts, set forth in the fol11 lowing table: 

Air Force: Inside the United States 

State Installation Amount 

Alaska ........................ Clear AFS .................................................... $11,500,000

Arizona ...................... Luke AFB .................................................... $26,800,000

Kansas ....................... McConnell AFB ........................................... $34,400,000

Massachusetts ............ Hanscom AFB ............................................. $13,500,000

Nevada ....................... Nellis AFB ................................................... $53,900,000

New Jersey ................ Joint Base McGuire-Dix-Lakehurst ............. $5,900,000

Oklahoma ................... Tinker AFB ................................................. $111,000,000

Texas ......................... Joint Base San Antonio ............................... $5,800,000. 

12 (b) OUTSIDE THE UNITED STATES.—Using amounts 

13 appropriated pursuant to the authorization of appropria14 tions in section 2304(2), the Secretary of the Air Force 

15 may acquire real property and carry out military construc16 tion projects for the installations or locations outside the 


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1 United States, and in the amounts, set forth in the fol2 lowing table: 

Air Force: Outside the United States 

Country Installation Amount 

Guam ......................... Joint Region Marianas ................................. $13,400,000

United Kingdom ........ Croughton RAF ........................................... $92,223,000. 

3 SEC. 2302. AUTHORIZATION OF APPROPRIATIONS, AIR 

4 FORCE. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2014, for mili7 tary construction, land acquisition, and military family 

8 housing functions of the Department of the Air Force in 

9 the total amount of $1,139,521,000, as follows: 

10 (1) For military construction projects inside the 

11 United States authorized by section 2301(a), 

12 $262,800,000. 

13 (2) For military construction projects outside 

14 the United States authorized by section 2301(b), 

15 $105,623,000. 

16 (3) For unspecified minor military construction 

17 projects authorized by section 2805 of title 10, 

18 United States Code, $22,613,000. 

19 (4) For architectural and engineering services 

20 and construction design under section 2807 of title 

21 10, United States Code, $10,738,000. 

22 (5) For military family housing functions: 


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1 (A) For support of military family housing 

2 (including functions described in section 2833 

3 of title 10, United States Code), $327,747,000. 

4 (6) For the construction of increment 2 of the 

5 United States Cyber Command Joint Operations 

6 Center at Fort Meade, Maryland, authorized by sec7 tion 2301(a) of the Military Construction Authoriza8 tion Act for Fiscal Year 2014 (division B of Public 

9 Law 113–66; 127 Stat. 992), $166,000,000. 

10 (7) For the construction of increment 4 of the 

11 United States Strategic Command Replacement Fa12 cility at Offutt Air Force Base, Nebraska, author13 ized by section 2301(a) of the Military Construction 

14 Authorization Act for Fiscal Year 2012 (division B 

15 of Public Law 112–81; 125 Stat. 1670), 

16 $180,000,000. 

17 (8) For the construction of increment 2 of the 

18 Guam Strike Fuel Systems Maintenance Hangar at 

19 Joint Base Marianas, Guam, authorized by section 

20 2301(b) of the Military Construction Authorization 

21 Act for Fiscal Year 2012 (division B of Public Law 

22 112–81; 125 Stat. 1671), $64,000,000. 


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1 SEC. 2303. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2008 PROJECT. 

3 In the case of the authorization contained in the table 

4 in section 2301(a) of the Military Construction Authoriza5 tion Act for Fiscal Year 2008 (division B of Public Law 

6 110–181; 122 Stat. 515), for Shaw Air Force Base, South 

7 Carolina, for Base Infrastructure at that location, the Sec8 retary of the Air Force may acquire fee or lesser real prop9 erty interests in approximately 11.5 acres of land contig10 uous to Shaw Air Force Base for the project using funds 

11 appropriated to the Department of the Air Force for con12 struction in years prior to fiscal year 2015. 

13 SEC. 2304. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

14 FISCAL YEAR 2011 PROJECT. 

15 (a) EXTENSION.—Notwithstanding section 2002 of 

16 the Military Construction Authorization Act for Fiscal 

17 Year 2011 (division B of Public Law 111–383; 124 Stat. 

18 4436), the authorization set forth in the table in sub19 section (b), as provided in section 2301 of that Act (124 

20 Stat. 4444), shall remain in effect until October 1, 2015, 

21 or the date of the enactment of an Act authorizing funds 

22 for military construction for fiscal year 2016, whichever 

23 is later. 

24 (b) TABLE.—The table referred to in subsection (a) 

25 is as follows: 


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Air Force: Extension of 2011 Project Authorizations 

State Installation or 

Location Project Amount 

Bahrain, SW 

Asia.

Shaikh Isa AB ............... North Apron Expansion $45,000,000. 

1 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2012 PROJECT. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2012 (division B of Public Law 111–383; 124 Stat. 

6 4436), the authorizations set forth in the table in sub7 section (b), as provided in section 2301 of that Act (124 

8 Stat. 4444), shall remain in effect until October 1, 2015, 

9 or the date of the enactment of an Act authorizing funds 

10 for military construction for fiscal year 2016, whichever 

11 is later. 

12 (b) TABLE.—The table referred to in subsection (a) 

13 is as follows: 

Air Force: Extension of 2012 Project Authorizations 

State Installation or 

Location Project Amount 

Alaska .......... Eielson AFB .................. Dormitory (168 RM) ..... $45,000,000

Italy ............. Sigonella Naval Air Station.UAS SATCOM Relay 

Pads and Facility.

$15,000,000. 


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1 TITLE XXIV—DEFENSE AGEN2 CIES MILITARY CONSTRUC3 TION 

4 Subtitle A—Defense Agency 

5 Authorizations 

6 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC7 TION AND LAND ACQUISITION PROJECTS. 

8 (a) INSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2403(1), the Secretary of Defense may 

11 acquire real property and carry out military construction 

12 projects for the installations or locations inside the United 

13 States, and in the amounts, set forth in the following 

14 table: 

Defense Agencies: Inside the United States 

State Installation Amount 

Arizona ...................... Fort Huachuca ............................................. $1,871,000

California ................... Camp Pendleton ........................................... $11,841,000

Coronado ...................................................... $70,340,000

Lemoore ....................................................... $52,500,000

Colorado ..................... Peterson AFB .............................................. $15,200,000

Conus Classified ........ Classified Location ....................................... $53,073,000

Georgia ...................... Hunter Army Airfield .................................. $7,692,000

Robins AFB ................................................. $19,900,000

Hawaii ....................... Joint Base Pearl Harbor-Hickam ................ $52,900,000

Kentucky .................... Fort Campbell .............................................. $18,000,000

Maryland .................... Fort Meade .................................................. $54,207,000

Joint Base Andrews ..................................... $18,300,000

Mississippi ................. Stennis ......................................................... $27,547,000

Michigan .................... Selfridge ANGB ........................................... $35,100,000

Nevada ....................... Fallon ........................................................... $20,241,000

New Mexico ............... Cannon AFB ................................................ $23,333,000

North Carolina .......... Camp Lejeune .............................................. $52,748,000

Fort Bragg ................................................... $93,136,000

Seymour Johnson AFB ................................ $8,500,000

South Carolina ........... Beaufort ....................................................... $40,600,000

South Dakota ............ Ellsworth AFB ............................................. $8,000,000

Texas ......................... Joint Base San Antonio ............................... $38,300,000

Virginia ...................... Craney Island ............................................... $36,500,000

Def Distribution Depot Richmond ............... $5,700,000

Fort Belvoir ................................................. $7,239,000

Joint Base Langley-Eustis ........................... $41,200,000


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Defense Agencies: Inside the United States—Continued 

State Installation Amount 

Joint Expeditionary Base Little CreekStory.$39,588,000

Pentagon ...................................................... $15,100,000. 

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 

Australia .................... Geraldton ..................................................... $9,600,000

Belgium ..................... Brussels ........................................................ $79,544,000

Cuba .......................... Guantanamo Bay ......................................... $76,290,000

Japan ......................... Misawa AB ................................................... $37,775,000

Okinawa ....................................................... $170,901,000

Sasebo .......................................................... $37,681,000. 

8 SEC. 2402. AUTHORIZED ENERGY CONSERVATION 

9 PROJECTS. 

10 Using amounts appropriated pursuant to the author11 ization of appropriations in section 2403(6), the Secretary 

12 of Defense may carry out energy conservation projects 

13 under chapter 173 of title 10, United States Code, in the 

14 amount of $150,000,000. 


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1 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE2 FENSE AGENCIES. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal years beginning after September 30, 2013, for mili5 tary construction, land acquisition, and military family 

6 housing functions of the Department of Defense (other 

7 than the military departments) in the total amount of 

8 $2,124,652,000, as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2401(a), 

11 $868,656,000. 

12 (2) For military construction projects outside 

13 the United States authorized by section 2401(b), 

14 $411,791,000. 

15 (3) For unspecified minor military construction 

16 projects under section 2805 of title 10, United 

17 States Code, $43,487,000. 

18 (4) For contingency construction projects of the 

19 Secretary of Defense under section 2804 of title 10, 

20 United States Code, $9,000,000. 

21 (5) For architectural and engineering services 

22 and construction design under section 2807 of title 

23 10, United States Code, $142,240,000. 

24 (6) For energy conservation projects under 

25 chapter 173 of title 10, United States Code, 

26 $150,000,000. 


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1 (7) For military family housing functions: 

2 (A) For support of military family housing 

3 (including functions described in section 2833 

4 of title 10, United States Code), $61,100,000. 

5 (B) For credits (including amounts author6 ized for and appropriated) to the Department 

7 of Defense Family Housing Improvement Fund 

8 for functions under section 2883 of title 10, 

9 United States Code, $1,662,000. 

10 (C) For credits to the Homeowners Assist11 ance Fund established under section 1013 of 

12 the Demonstration Cities and Metropolitan De13 velopment Act of 1966 (42 U.S.C. 3374). 

14 (8) For the construction of increment 6 of the 

15 Hospital Replacement at Fort Bliss, Texas, author16 ized by section 2401(a) of the Military Construction 

17 Authorization Act for Fiscal Year 2010 (division B 

18 of Public Law 111–84; 123 Stat. 2642), 

19 $131,500,000. 

20 (9) For the construction of increment 3 of the 

21 NSAW Recapitalize Building #1 at Fort Meade, 

22 Maryland, authorized by section 2401(a) of the Mili23 tary Construction Authorization Act for Fiscal Year 

24 2013 (division B of Public Law 112–239; 126 Stat. 

25 2127), $45,521,000. 


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1 (10) For the construction of increment 4 of the 

2 Medical Center Replacement at Rhine Ordnance 

3 Barracks, Germany, authorized by section 2401(b) 

4 of the Military Construction Authorization Act for 

5 Fiscal Year 2012 (division B of Public Law 112–81; 

6 125 Stat. 1673), as amended by section 2404(b) of 

7 the Military Construction Authorization Act for Fis8 cal Year 2013 (division B of Public Law 112–239; 

9 126 Stat. 2131), $259,695,000. 

10 SEC. 2404. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

11 FISCAL YEAR 2011 PROJECT. 

12 (a) EXTENSION.—Notwithstanding section 2002 of 

13 the Military Construction Authorization Act for Fiscal 

14 Year 2011 (division B of Public Law 111–383; 124 Stat. 

15 4436), the authorizations set forth in the table in sub16 section (b), as provided in section 2401 of that Act (124 

17 Stat. 4446), shall remain in effect until October 1, 2015, 

18 or the date of an Act authorizing funds for military con19 struction for fiscal year 2016, whichever is later. 

20 (b) TABLE.—The table referred to in subsection (a) 

21 is as follows: 

Defense Agencies: Extension of 2011 Project Authorizations 

State/Country Installation or 

Location Project Amount 

District of Columbia.Bolling Air Force 

Base.

Cooling Tower Expansion.$2,070,000

DIAC Parking Garage $13,586,000

Electrical Upgrades ..... $1,080,000. 


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1 SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2012 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2002 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2012 (division B of Public Law 112–81; 125 Stat. 

6 1660), the authorization set forth in the table in sub7 section (b), as provided in section 2401 of that Act (125 

8 Stat. 1673), shall remain in effect until October 1, 2015, 

9 or the date of the enactment of an Act authorizing funds 

10 for military construction for fiscal year 2016, whichever 

11 is later. 

12 (b) TABLE.—The table referred to in subsection (a) 

13 is as follows: 

Defense Agencies: Extension of 2012 Project Authorizations 

State Installation or 

Location Project Amount 

Italy ............. USAG Vicenza ............... Vicenza High School 

(Replacement).

$41,864,000

Germany ...... USAG Baumholder ........ Wetzel-Smith Elementary School (Replacement).$59,419,000

Japan .......... Yokota Air Base ............ Yokota High School (Replace/Renovate).$49,606,000. 

14 SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

15 FISCAL YEAR 2012 PROJECTS. 

16 (a) EXTENSION.—Notwithstanding section 2002 of 

17 the Military Construction Authorization Act for Fiscal 

18 Year 2012 (division B of Public Law 112–81; 125 Stat. 

19 1660), the authorizations set forth in the table in sub20 section (b), as provided in section 2401 of that Act (125 


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1 Stat. 1672), shall remain in effect until October 1, 2015, 

2 or the date of the enactment of an Act authorizing funds 

3 for military construction for fiscal year 2016, whichever 

4 is later. 

5 (b) TABLE.—The table referred to in subsection (a) 

6 is as follows: 

Defense Agencies: Extension of 2012 Project Authorizations 

State Installation or 

Location Project Amount 

California .... Coronado ........................ SOF Support Activity 

Operations Facility.

$42,000,000

Virginia ....... Pentagon Reservation .... Heliport Control Tower 

and Fire Station.

$6,457,000

Pentagon Memorial Pedestrian Plaza.$2,285,000. 

7 Subtitle B—Chemical 

8 Demilitarization Authorizations 

9 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM10 ICAL DEMILITARIZATION CONSTRUCTION, 

11 DEFENSE-WIDE. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal years beginning after September 30, 2014, for the 

14 construction of phase XV of a munitions demilitarization 

15 facility at Blue Grass Army Depot, Kentucky, authorized 

16 by section 2401(a) of the Military Construction Authoriza17 tion Act for Fiscal Year 2000 (division B of Public Law 

18 106–65; 113 Stat. 835), as amended by section 2405 of 

19 the Military Construction Authorization Act for Fiscal 

20 Year 2002 (division B of Public Law 107–107; 115 Stat. 

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1 ization Act for Fiscal Year 2003 (division B of Public Law 

2 107–314; 116 Stat. 2698), section 2414 of the Military 

3 Construction Authorization Act for Fiscal Year 2009 (di4 vision B of Public Law 110–417; 122 Stat. 4697), and 

5 section 2412 of the Military Construction Authorization 

6 Act for Fiscal Year 2011 (division B Public Law 111– 

7 383; 124 Stat. 4450), $38,715,000. 

8 SEC. 2412. MODIFICATION OF AUTHORITY TO CARRY OUT 

9 CERTAIN FISCAL YEAR 2000 PROJECT. 

10 (a) MODIFICATION.—The table in section 2401(a) of 

11 the Military Construction Authorization Act for Fiscal 

12 Year 2000 (division B of Public Law 106–65; 113 Stat. 

13 835), as amended by section 2405 of the Military Con14 struction Authorization Act for Fiscal Year 2002 (division 

15 B of Public Law 107–107; 115 Stat. 1298), section 2405 

16 of the Military Construction Authorization Act for Fiscal 

17 Year 2003 (division B of Public Law 107–314; 116 Stat. 

18 2698), section 2414 of the Military Construction Author19 ization Act for Fiscal Year 2009 (division B of Public Law 

20 110–417; 122 Stat. 4697), and section 2412 of the Mili21 tary Construction Authorization Act for Fiscal Year 2011 

22 (division B of Public Law 111–383; 124 Stat. 4450), is 

23 amended— 


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1 (1) in the item relating to Blue Grass Army 

2 Depot, Kentucky, by striking ‘‘$746,000,000’’ in the 

3 amount column and inserting ‘‘$780,000,000’’; and 

4 (2) by striking the amount identified as the 

5 total in the amount column and inserting 

6 ‘‘$1,237,920,000’’. 

7 (b) CONFORMING AMENDMENT.—Section 2405(b)(3) 

8 of the Military Construction Authorization Act for Fiscal 

9 Year 2000 (division B of Public Law 106–65; 113 Stat. 

10 839), as amended by section 2405 of the Military Con11 struction Authorization Act for Fiscal Year 2002 (division 

12 B of Public Law 107–107; 115 Stat. 1298), section 2405 

13 of the Military Construction Authorization Act for Fiscal 

14 Year 2003 (division B of Public Law 107–314; 116 Stat. 

15 2698), section 2414 of the Military Construction Author16 ization Act for Fiscal Year 2009 (division B of Public Law 

17 110–417; 122 Stat. 4697), and section 2412 of the Mili18 tary Construction Authorization Act for Fiscal Year 2011 

19 (division B of Public Law 111–383; 124 Stat. 4450), is 

20 further amended by striking ‘‘$723,200,000’’ and insert21 ing ‘‘$757,200,000’’. 


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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 $199,700,000. 


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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 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2606(1), the Secretary 

11 of the Army may acquire real property and carry out mili12 tary construction projects for the Army National Guard 

13 locations inside the United States, and in the amounts, 

14 set forth in the following table: 

Army National Guard: Inside the United States 

State Installation Amount 

Maine ........................ Augusta ....................................................... $32,000,000

Maryland ................... Havre de Grace ........................................... $12,400,000

Montana .................... Helena ......................................................... $38,000,000

North Dakota ............ Valley City .................................................. $10,800,000

Vermont .................... North Hyde Park ........................................ $4,400,000. 

15 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

16 AND LAND ACQUISITION PROJECTS. 

17 Using amounts appropriated pursuant to the author18 ization of appropriations in section 2606(2), the Secretary 

19 of the Army may acquire real property and carry out mili20 tary construction projects for the Army Reserve locations 


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1 inside the United States, and in the amounts, set forth 

2 in the following table: 

Army Reserve 

State Installation Amount 

California .......................... Fresno ................................................... $22,000,000

Colorado .......................... Fort Carson .......................................... $5,000,000

New Jersey ....................... Joint Base McGuire-Dix-Lakehurst ....... $26,000,000

New York .......................... Mattydale .............................................. $23,000,000

Virginia ............................. Fort Lee ................................................ $16,000,000. 

3 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

4 CORPS RESERVE CONSTRUCTION AND LAND 

5 ACQUISITION PROJECTS. 

6 Using amounts appropriated pursuant to the author7 ization of appropriations in section 2606(3), the Secretary 

8 of the Navy may acquire real property and carry out mili9 tary construction projects for the Navy Reserve and Ma10 rine Corps Reserve locations inside the United States, and 

11 in the amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Installation Amount 

Pennsylvania .......................... Pittsburgh ........................................ $17,650,000

Washington ............................ Whidbey Island ................................. $27,755,000. 

12 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC13 TION AND LAND ACQUISITION PROJECTS. 

14 Using amounts appropriated pursuant to the author15 ization of appropriations in section 2606(4), the Secretary 

16 of the Air Force may acquire real property and carry out 

17 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 

Connecticut .......................... Bradley International Airport .......... $16,306,000

Iowa ....................................... Des Moines Municipal Airport ......... $8,993,000

Michigan ................................ W.K. Kellogg Regional Airport ........ $6,000,000

New Hampshire ..................... Pease International Trade Port ....... $41,902,000

Pennsylvania .......................... Horsham Air Guard Station (Willow 

Grove).

$5,662,000. 

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 

Georgia .................................. Robins AFB ..................................... $27,700,000

North Carolina ...................... Seymour Johnson AFB .................... $9,800,000

Texas ..................................... Fort Worth ....................................... $3,700,000. 

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, 2013, 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 $126,920,000. 

6 (2) For the Department of the Army, for the 

7 Army Reserve, $103,946,000. 

8 (3) For the Department of the Navy, for the 

9 Navy and Marine Corps Reserve, $51,528,000. 

10 (4) For the Department of the Air Force, for 

11 the Air National Guard of the United States, 

12 $94,663,000. 

13 (5) For the Department of the Air Force, for 

14 the Air Force Reserve, $49,492,000. 

15 Subtitle B—Other Matters 

16 SEC. 2611. MODIFICATION AND EXTENSION OF AUTHORITY 

17 TO CARRY OUT CERTAIN FISCAL YEAR 2012 

18 PROJECTS. 

19 (a) KANSAS CITY.—(1) In the case of the authoriza20 tion contained in the table in section 2602 of the Military 

21 Construction Authorization Act for Fiscal Year 2012 (di22 vision B of Public Law 112–81; 125 Stat. 1678), for Kan23 sas City, Kansas, for construction of an Army Reserve 

24 Center at that location, the Secretary of the Army may, 

25 instead of constructing a new facility in Kansas City, conVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 struct a new facility in the vicinity of Kansas City, Kan2 sas. 

3 (2) Notwithstanding section 2002 of the Military 

4 Construction Authorization Act for Fiscal Year 2012 (di5 vision B of Public Law 112–81; 125 Stat. 1660), the au6 thorization set forth in subsection (a) shall remain in ef7 fect until October 1, 2018, or the date of the enactment 

8 of an Act authorizing funds for military construction for 

9 fiscal year 2019, whichever is later. 

10 (b) ATTLEBORO.—(1) In the case of the authoriza11 tion contained in the table in section 2602 of the Military 

12 Construction Authorization Act for Fiscal Year 2012 (di13 vision B of Public Law 112–81; 125 Stat. 1678), for At14 tleboro, Massachusetts, for construction of an Army Re15 serve Center at that location, the Secretary of the Army 

16 may, instead of constructing a new facility in Attleboro, 

17 construct a new facility in the vicinity of Attleboro, Massa18 chusetts. 

19 (2) Notwithstanding section 2002 of the Military 

20 Construction Authorization Act for Fiscal Year 2012 (di21 vision B of Public Law 112–81; 125 Stat. 1660), the au22 thorization set forth in subsection (a) shall remain in ef23 fect until October 1, 2018, or the date of the enactment 

24 of an Act authorizing funds for military construction for 

25 fiscal year 2019, whichever is later. 


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1 SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2013 PROJECT. 

3 In the case of the authorization contained in the table 

4 in section 2601 of the Military Construction Authorization 

5 Act for Fiscal Year 2013 (division B of Public Law 112– 

6 239; 126 Stat. 2134) for Stormville, New York, for con7 struction of a Combined Support Maintenance Shop Phase 

8 I, the Secretary of the Army may instead construct the 

9 facility at Camp Smith, New York and build a 53,760 

10 square foot maintenance facility in lieu of a 75,156 square 

11 foot maintenance facility. 

12 SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN 

13 FISCAL YEAR 2011 PROJECT. 

14 (a) EXTENSION.—Notwithstanding section 2002 of 

15 the Military Construction Authorization Act for Fiscal 

16 Year 2011 (division B of Public Law 111–383; 124 Stat. 

17 4436), the authorization set forth in the table in sub18 section (b), as provided in section 2601 of that Act (124 

19 Stat. 4452), shall remain in effect until October 1, 2015, 

20 or the date of the enactment of an Act authorizing funds 

21 for military construction for fiscal year 2016, whichever 

22 is later. 

23 (b) TABLE.—The table referred to in subsection (a) 

24 is as follows: 


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Extension of 2011 National Guard and 

Reserve Project Authorization 

State Installation Project Amount 

Puerto Rico Camp Santiago .............. Multi Purpose Machine 

Gun Range.

$9,200,000. 

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. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal years beginning after September 30, 2013, 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 $270,085,000, as follows: 

18 (1) For the Department of the Army, 

19 $84,417,000. 

20 (2) For the Department of the Navy, 

21 $94,692,000. 


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1 (3) For the Department of the Air Force, 

2 $90,976,000. 

3 TITLE XXVIII—MILITARY CON4 STRUCTION GENERAL PROVI5 SIONS 

6 SEC. 2801. REVISIONS TO MINOR MILITARY CONSTRUCTION 

7 AUTHORITIES. 

8 (a) ESTABLISHMENT OF MINOR MILITARY CON9 STRUCTION EXCEPTION THRESHOLD.—Subsection (a) of 

10 section 2805 of title 10, United States Code, is amended 

11 by adding at the end the following new paragraph: 

12 ‘‘(3) For purposes of this section, the minor military 

13 construction exception threshold is $4,000,000.’’. 

14 (b) INCREASE IN DOLLAR THRESHOLDS FOR CER15 TAIN AUTHORITIES RELATING TO UNSPECIFIED MINOR

16 MILITARY CONSTRUCTION.— 

17 (1) MAXIMUM AMOUNT FOR PROJECTS TO COR18 RECT DEFICIENCIES THAT ARE LIFE-, HEALTH-, OR

19 SAFETY-THREATENING.—Subsection (a)(2) of such 

20 section is amended by striking ‘‘$3,000,000’’ in the 

21 second sentence and inserting ‘‘the minor military 

22 construction exception threshold’’. 

23 (2) INCREASE IN MAXIMUM AMOUNT OF OPER24 ATION AND MAINTENANCE FUNDS AUTHORIZED TO

25 BE USED FOR CERTAIN PROJECTS.—Subsection (c) 


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1 of such section is amended by striking ‘‘$750,000’’ 

2 and inserting ‘‘$1,000,000’’. 

3 (c) INCREASED THRESHOLD FOR APPLICATION OF

4 SECRETARIAL APPROVAL AND CONGRESSIONAL NOTIFI5 CATION REQUIREMENTS.—Subsection (b)(1) of such sec6 tion is amended by striking ‘‘$750,000’’ and inserting 

7 ‘‘the amount specified in subsection (c)’’. 

8 SEC. 2802. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR 

9 THRESHOLDS APPLICABLE TO UNSPECIFIED 

10 MINOR MILITARY CONSTRUCTION AUTHORI11 TIES. 

12 Section 2805 of title 10, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(f) ADJUSTMENT OF DOLLAR LIMITATIONS FOR LO16 CATION.—Each fiscal year, the Secretary concerned shall 

17 adjust the dollar limitations specified in this section appli18 cable to an unspecified minor military construction project 

19 to reflect the area construction cost index for military con20 struction projects published by the Department of Defense 

21 during the prior fiscal year for the location of the 

22 project.’’. 


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1 SEC. 2803. CHANGE IN AUTHORITIES RELATING TO SCOPE 

2 OF WORK VARIATIONS FOR MILITARY CON3 STRUCTION PROJECTS. 

4 (a) LIMITED AUTHORITY FOR SCOPE OF WORK IN5 CREASE.—Section 2853 of title 10, United States Code, 

6 is amended— 

7 (1) in subsection (b)(2), by striking ‘‘The scope 

8 of work’’ and inserting ‘‘Except as provided in sub9 section (d), the scope of work’’; 

10 (2) by redesignating subsections (d) and (e) as 

11 subsections (e) and (f), respectively; and 

12 (3) by inserting after subsection (c) the fol13 lowing new subsection (d): 

14 ‘‘(d) The limitation in subsection (b)(2) on an in15 crease in the scope of work does not apply if— 

16 ‘‘(1) the increase in the scope of work is not 

17 more than 10 percent of the amount specified for 

18 that project, construction, improvement, or acquisi19 tion in the justification data provided to Congress as 

20 part of the request for authorization of the project, 

21 construction, improvement, or acquisition; 

22 ‘‘(2) the increase is approved by the Secretary 

23 concerned; 

24 ‘‘(3) the Secretary concerned notifies the appro25 priate committees of Congress in writing of the in26 crease in scope and the reasons therefor; and 


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1 ‘‘(4) a period of 21 days has elapsed after the 

2 date on which the notification is received by the 

3 committees or, if over sooner, a period of 14 days 

4 has elapsed after the date on which a copy of the 

5 notification is provided in an electronic medium pur6 suant to section 480 of this title.’’. 

7 (b) CROSS-REFERENCE AMENDMENTS.— 

8 (1) Subsection (a) of such section is amended 

9 by striking ‘‘subsection (c) or (d)’’ and inserting 

10 ‘‘subsection (c), (d), or (e)’’. 

11 (2) Subsection (f) of such section, as redesig12 nated by subsection (a)(2), is amended by striking 

13 ‘‘through (d)’’ and inserting ‘‘through (e)’’. 

14 (c) ADDITIONAL TECHNICAL AMENDMENTS.— 

15 (1) CONFORMITY WITH GENERAL TITLE 10

16 STYLE.—Subsection (a) of such section is further 

17 amended by inserting ‘‘of this title’’ after ‘‘section 

18 2805(a)’’. 

19 (2) DELETION OF SURPLUS WORD.—Subsection 

20 (c)(1)(A) of such section is amended by striking 

21 ‘‘be’’ after ‘‘Congress can’’. 


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1 SEC. 2804. MODIFICATION OF DEPARTMENT OF DEFENSE 

2 AUTHORITY TO ACCEPT FINANCIAL INCEN3 TIVES, GOODS, OR SERVICES UNDER THE AU4 THORITY OF ENERGY SAVINGS CONTRACTS 

5 AND ACTIVITIES. 

6 (a) AUTHORITY TO ACCEPT FROM STATE AND

7 LOCAL GOVERNMENT.—Section 2913(c) of title 10, 

8 United States Code, is amended by inserting ‘‘or a State 

9 or local government,’’ after ‘‘a gas or electric utility,’’. 

10 (b) RETENTION OF RECEIPTS.—Section 2912(c) of 

11 such title is amended by striking ‘‘from gas or electric util12 ities’’. 

13 SEC. 2805. CLARIFICATION OF AUTHORITY TO ENTER INTO 

14 ENERGY SAVING PERFORMANCE CONTRACTS. 

15 (a) DEFINITION OF ‘‘ENERGY SAVINGS’’.—Para16 graph (2)(A) of section 804 of the National Energy Con17 servation Policy Act (42 U.S.C. 8287c) is amended— 

18 (1) by redesignating clauses (ii) and (iii) as 

19 clauses (iii) and (iv), respectively; and 

20 (2) by inserting after clause (i) the following 

21 new clause (ii): 

22 ‘‘(ii) with respect to operating equip23 ment covered by a lease or purchase re24 ferred to in clause (i)— 

25 ‘‘(I) repair or modification of ex26 isting buildings and infrastructure to 


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1 accommodate the operating equip2 ment; or 

3 ‘‘(II) construction of buildings, 

4 structures, and infrastructure to ac5 commodate the operating equipment 

6 in order to provide necessary support 

7 to the primary function of the oper8 ating equipment;’’. 

9 (b) OVERSIGHT.—Section 801 of such Act (42 U.S.C. 

10 8287) is amended by adding at the end the following new 

11 subsection: 

12 ‘‘(d) ADDITIONAL RULES FOR DEPARTMENT OF DE13 FENSE.—With respect to the Department of Defense— 

14 ‘‘(1) when a decision to carry out an energy 

15 savings performance contract that includes construc16 tion of a new facility with an estimated value of 

17 $10,000,000 or more or a new facility that will cover 

18 more than 5,000 square feet of land, the project 

19 shall be subject to the same requirements and limi20 tations as apply under section 2805(b)(2) of title 10, 

21 United States Code, to a project subject to that sec22 tion; and 

23 ‘‘(2) when a decision is made to carry out an 

24 energy savings performance contract that includes a 

25 repair project with an estimated cost of $7,500,000 


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1 or more, the project shall be subject to the same re2 quirements and limitations as apply under section 

3 2811 of title 10, United States Code, to a project 

4 subject to that section.’’. 

5 SEC. 2806. PRODUCTION AND USE OF NATURAL GAS AT 

6 FORT KNOX, KENTUCKY. 

7 (a) IN GENERAL.—Chapter 449 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 4781. Natural gas: production, treatment, manage11 ment, and use at Fort Knox, Kentucky 

12 ‘‘(a) AUTHORITY.—The Secretary of the Army may 

13 provide, by contract or otherwise, for the production, 

14 treatment, management, and use of natural gas located 

15 under Fort Knox, Kentucky, without regard to section 3 

16 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 

17 352). 

18 ‘‘(b) LIMITATION ON USES.—Any natural gas pro19 duced under the authority of subsection (a) may only be 

20 used to support activities and operations at Fort Knox and 

21 may not be sold for use elsewhere. 

22 ‘‘(c) OWNERSHIP OF FACILITIES.—The Secretary of 

23 the Army may take ownership of any gas production and 

24 treatment equipment and facilities and associated infra25 structure from a contractor in accordance with the terms 


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1 of a contract or other agreement entered into pursuant 

2 to subsection (a).’’. 

3 (b) LIMITATION ON APPLICATION ELSEWHERE.— 

4 Nothing in this section shall be construed as authorizing 

5 the production, treatment, management, or use of natural 

6 gas resources underlying any Department of Defense in7 stallation other than Fort Knox. 

8 (c) EFFECTIVE DATE.—The authority of the Sec9 retary of the Army under section 4781 of title 10, United 

10 States Code, as added by subsection (a), is effective as 

11 of August 2, 2007. 

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

13 at the beginning of such chapter is amended by adding 

14 at the end the following new item: 

‘‘4781. Natural gas: production, treatment, management, and use at Fort Knox, 

Kentucky.’’. 

15 SEC. 2807. DEPOSIT OF REIMBURSED FUNDS TO COVER AD16 MINISTRATIVE EXPENSES RELATING TO CER17 TAIN REAL PROPERTY TRANSACTIONS. 

18 (a) AUTHORITY TO CREDIT REIMBURSED FUNDS TO

19 ACCOUNTS CURRENTLY AVAILABLE.—The first sentence 

20 of section 2695(c) of title 10, United States Code, is 

21 amended— 

22 (1) by striking ‘‘shall be credited to’’ and in23 serting ‘‘shall be credited, at the option of the Sec24 retary concerned, to (1)’’; and 


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

2 following: ‘‘, or (2) an appropriation, fund, or ac3 count currently available to the Secretary for the 

4 purposes for which the expenses were paid’’. 

5 (b) PROSPECTIVE APPLICABILITY.—The amend6 ments made by subsection (a) shall not apply with respect 

7 to expenses incurred with appropriations provided to the 

8 Secretary of a military department before the date of the 

9 enactment of this Act. 

10 TITLE XXIX—DEFENSE BASE 

11 CLOSURE AND REALIGNMENT 

12 SEC. 2901. SHORT TITLE AND PURPOSE. 

13 (a) SHORT TITLE.—This title may be cited as the 

14 ‘‘Defense Base Closure and Realignment Act of 2014’’. 

15 (b) PURPOSE.—The purpose of this title is to provide 

16 a fair process that will result in the timely closure and 

17 realignment of military installations inside the United 

18 States. 

19 SEC. 2902. THE COMMISSION. 

20 (a) ESTABLISHMENT.—There is established an inde21 pendent commission to be known as the ‘‘Defense Base 

22 Closure and Realignment Commission’’. 

23 (b) DUTIES.—The Commission shall carry out the 

24 duties specified for it in this title. 


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1 (c) APPOINTMENT.—(1)(A) The Commission shall be 

2 composed of nine members appointed by the President, by 

3 and with the advice and consent of the Senate. 

4 (B) Subject to the certifications required under sec5 tion 2903(b), the President may commence a round for 

6 the selection of military installations for closure and re7 alignment under this title in 2017 by transmitting to the 

8 Senate, not later than March 1, 2017, nominations for ap9 pointment to the Commission. 

10 (C) If the President does not transmit to Congress 

11 the nominations for appointment to the Commission on 

12 or before the date specified, the process by which military 

13 installations may be selected for closure or realignment 

14 under this title with respect to that year shall be termi15 nated. 

16 (2) In selecting individuals for nominations for ap17 pointments to the Commission, the President should con18 sult with— 

19 (A) the Speaker of the House of Representa20 tives concerning the appointment of two members; 

21 (B) the majority leader of the Senate con22 cerning the appointment of two members; 

23 (C) the minority leader of the House of Rep24 resentatives concerning the appointment of one 

25 member; and 


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1 (D) the minority leader of the Senate con2 cerning the appointment of one member. 

3 (3) At the time the President nominates individuals 

4 for appointment to the Commission for each session of 

5 Congress referred to in paragraph (1)(B), the President 

6 shall designate one such individual who shall serve as 

7 Chairman of the Commission. 

8 (d) TERMS.—(1) Except as provided in paragraph 

9 (2), each member of the Commission shall serve until the 

10 adjournment of Congress sine die for the session during 

11 which the member was appointed to the Commission. 

12 (2) The Chairman of the Commission shall serve until 

13 the confirmation of a successor. 

14 (e) MEETINGS.—(1) The Commission shall meet only 

15 during calendar year 2017. 

16 (2)(A) Each meeting of the Commission, other than 

17 meetings in which classified information is to be discussed, 

18 shall be open to the public. 

19 (B) All the proceedings, information, and delibera20 tions of the Commission shall be open, upon request, to 

21 the following: 

22 (i) The Chairman and the ranking minority 

23 party member of the Subcommittee on Readiness 

24 and Management Support of the Committee on 

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1 bers of the Subcommittee designated by such Chair2 man or ranking minority party member. 

3 (ii) The Chairman and the ranking minority 

4 party member of the Subcommittee on Readiness of 

5 the Committee on Armed Services of the House of 

6 Representatives, or such other members of the Sub7 committee designated by such Chairman or ranking 

8 minority party member. 

9 (iii) The Chairmen and ranking minority party 

10 members of the subcommittees with jurisdiction for 

11 military construction of the Committees on Appro12 priations of the Senate and of the House of Rep13 resentatives, or such other members of the sub14 committees designated by such Chairmen or ranking 

15 minority party members. 

16 (f) VACANCIES.—A vacancy in the Commission shall 

17 be filled in the same manner as the original appointment, 

18 but the individual appointed to fill the vacancy shall serve 

19 only for the unexpired portion of the term for which the 

20 individual’s predecessor was appointed. 

21 (g) PAY AND TRAVEL EXPENSES.—(1)(A) Each 

22 member, other than the Chairman, shall be paid at a rate 

23 equal to the daily equivalent of the minimum annual rate 

24 of basic pay payable for level IV of the Executive Schedule 

25 under section 5315 of title 5, United States Code, for each 


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1 day (including travel time) during which the member is 

2 engaged in the actual performance of duties vested in the 

3 Commission. 

4 (B) The Chairman shall be paid for each day referred 

5 to in subparagraph (A) at a rate equal to the daily equiva6 lent of the minimum annual rate of basic pay payable for 

7 level III of the Executive Schedule under section 5314, 

8 of title 5, United States Code. 

9 (2) Members shall receive travel expenses, including 

10 per diem in lieu of subsistence, in accordance with sections 

11 5702 and 5703 of title 5, United States Code. 

12 (h) DIRECTOR OF STAFF.—(1) The Commission 

13 shall, without regard to section 5311 of title 5, United 

14 States Code, appoint a Director who has not served on 

15 active duty in the armed forces or as a civilian employee 

16 of the Department of Defense during the one-year period 

17 preceding the date of such appointment. 

18 (2) The Director shall be paid at the rate of basic 

19 pay payable for level IV of the Executive Schedule under 

20 section 5315 of title 5, United States Code. 

21 (i) STAFF.—(1) Subject to paragraphs (2) and (3), 

22 the Director, with the approval of the Commission, may 

23 appoint and fix the pay of additional personnel. 

24 (2) The Director may make such appointments with25 out regard to the provisions of title 5, United States Code, 


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1 governing appointments in the competitive service, and 

2 any personnel so appointed may be paid without regard 

3 to the provisions of chapter 51 and subchapter III of chap4 ter 53 of that title relating to classification and General 

5 Schedule pay rates, except that an individual so appointed 

6 may not receive pay in excess of the annual rate of basic 

7 pay payable for GS–15 of the General Schedule. 

8 (3)(A) Not more than one-third of the personnel em9 ployed by or detailed to the Commission may be on detail 

10 from the Department of Defense. 

11 (B)(i) Not more than one-fifth of the professional an12 alysts of the Commission staff may be persons detailed 

13 from the Department of Defense to the Commission. 

14 (ii) No person detailed from the Department of De15 fense to the Commission may be assigned as the lead pro16 fessional analyst with respect to a military department or 

17 defense agency. 

18 (C) A person may not be detailed from the Depart19 ment of Defense to the Commission if, within 12 months 

20 before the detail is to begin, that person participated per21 sonally and substantially in any matter within the Depart22 ment of Defense concerning the preparation of rec23 ommendations for closures or realignments of military in24 stallations. 


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1 (D) No member of the armed forces, and no officer 

2 or employee of the Department of Defense, may— 

3 (i) prepare any report concerning the effective4 ness, fitness, or efficiency of the performance on the 

5 staff of the Commission of any person detailed from 

6 the Department of Defense to that staff; 

7 (ii) review the preparation of such a report; or 

8 (iii) approve or disapprove such a report. 

9 (4) Upon request of the Director, the head of any 

10 Federal department or agency may detail any of the per11 sonnel of that department or agency to the Commission 

12 to assist the Commission in carrying out its duties under 

13 this title. 

14 (5) The Comptroller General of the United States 

15 shall provide assistance, including the detailing of employ16 ees, to the Commission in accordance with an agreement 

17 entered into with the Commission. 

18 (6) The following restrictions relating to the per19 sonnel of the Commission shall apply during the period 

20 beginning January 1, 2018, and ending April 15, 2018: 

21 (A) There may not be more than 15 persons on 

22 the staff at any one time. 

23 (B) The staff may perform only such functions 

24 as are necessary to prepare for the transition to new 


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1 membership on the Commission in the following 

2 year. 

3 (C) No member of the armed forces and no em4 ployee of the Department of Defense may serve on 

5 the staff. 

6 (j) OTHER AUTHORITY.—(1) The Commission may 

7 procure by contract, to the extent funds are available, the 

8 temporary or intermittent services of experts or consult9 ants pursuant to section 3109 of title 5, United States 

10 Code. 

11 (2) The Commission may lease space and acquire per12 sonal property to the extent funds are available. 

13 (k) FUNDING.—(1) There are authorized to be appro14 priated to the Commission such funds as are necessary 

15 to carry out its duties under this title. Such funds shall 

16 remain available until expended. 

17 (2) If no funds are appropriated to the Commission 

18 by the end of the second session of the 114th Congress, 

19 the Secretary of Defense may transfer to the Commission 

20 for purposes of its activities under this title in that year 

21 such funds as the Commission may require to carry out 

22 such activities. The Secretary may transfer funds under 

23 the preceding sentence from any funds available to the 

24 Secretary. Funds so transferred shall remain available to 

25 the Commission for such purposes until expended. 


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1 (l) TERMINATION.—The Commission shall terminate 

2 on April 15, 2018. 

3 (m) PROHIBITION AGAINST RESTRICTING COMMU4 NICATIONS.—Section 1034 of title 10, United States 

5 Code, shall apply with respect to communications with the 

6 Commission. 

7 SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS 

8 FOR BASE CLOSURES AND REALIGNMENTS. 

9 (a) FORCE-STRUCTURE PLAN AND INFRASTRUCTURE

10 INVENTORY.— 

11 (1) PREPARATION AND SUBMISSION.—As part 

12 of the budget justification documents submitted to 

13 Congress in support of the budget for the Depart14 ment of Defense for fiscal year 2017, the Secretary 

15 shall submit to Congress the following: 

16 (A) A force-structure plan for the armed 

17 forces based on an assessment by the Secretary 

18 of the probable threats to the national security 

19 during the 20-year period beginning with that 

20 fiscal year, the probable end-strength levels and 

21 major military force units (including land force 

22 divisions, carrier and other major combatant 

23 vessels, air wings, and other comparable units) 

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1 pated levels of funding that will be available for 

2 national defense purposes during such period. 

3 (B) A comprehensive inventory of military 

4 installations worldwide for each military depart5 ment, with specifications of the number and 

6 type of facilities in the active and reserve forces 

7 of each military department. 

8 (2) RELATIONSHIP OF PLAN AND INVEN9 TORY.—Using the force-structure plan and infra10 structure inventory prepared under paragraph (1), 

11 the Secretary shall prepare (and include as part of 

12 the submission of such plan and inventory) the fol13 lowing: 

14 (A) A description of the infrastructure nec15 essary to support the force structure described 

16 in the force-structure plan. 

17 (B) A discussion of categories of excess in18 frastructure and infrastructure capacity. 

19 (C) An economic analysis of the effect of 

20 the closure or realignment of military installa21 tions to reduce excess infrastructure. 

22 (3) SPECIAL CONSIDERATIONS.—In determining 

23 the level of necessary versus excess infrastructure 

24 under paragraph (2), the Secretary shall consider 

25 the following: 


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1 (A) The anticipated continuing need for 

2 and availability of military installations outside 

3 the United States, taking into account current 

4 restrictions on the use of military installations 

5 outside the United States and the potential for 

6 future prohibitions or restrictions on the use of 

7 such military installations. 

8 (B) Any efficiencies that may be gained 

9 from joint tenancy by more than one branch of 

10 the armed forces at a military installation. 

11 (4) REVISION.—The Secretary may revise the 

12 force-structure plan and infrastructure inventory. If 

13 the Secretary makes such a revision, the Secretary 

14 shall submit the revised plan or inventory to Con15 gress not later than March 15th of the year fol16 lowing the year in which such plan was first sub17 mitted. For purposes of selecting military installa18 tions for closure or realignment under this title in 

19 the year in which a revision is submitted, no revision 

20 of the force-structure plan or infrastructure inven21 tory is authorized after that date. 

22 (b) CERTIFICATION OF NEED FOR FURTHER CLO23 SURES AND REALIGNMENTS.— 

24 (1) CERTIFICATION REQUIRED.—On the basis 

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1 tory prepared under subsection (a) and the descrip2 tions and economic analysis prepared under such 

3 subsection, the Secretary shall include as part of the 

4 submission of the plan and inventory— 

5 (A) a certification regarding whether the 

6 need exists for the closure or realignment of ad7 ditional military installations; and 

8 (B) if such need exists, a certification that 

9 the additional round of closures and realign10 ments would result in annual net savings for 

11 each of the military departments beginning not 

12 later than six years following the commence13 ment of such closures and realignments. 

14 (2) EFFECT OF FAILURE TO CERTIFY.—If the 

15 Secretary does not include the certifications referred 

16 to in paragraph (1), the President may not com17 mence a round for the selection of military installa18 tions for closure and realignment under this title in 

19 the year following submission of the force-structure 

20 plan and infrastructure inventory. 

21 (c) COMPTROLLER GENERAL EVALUATION.— 

22 (1) EVALUATION REQUIRED.—If the certifi23 cation is provided under subsection (b), the Comp24 troller General shall prepare an evaluation of the fol25 lowing: 


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1 (A) The force-structure plan and infra2 structure inventory prepared under subsection 

3 (a) and the final selection criteria specified in 

4 paragraph (d), including an evaluation of the 

5 accuracy and analytical sufficiency of such plan, 

6 inventory, and criteria. 

7 (B) The need for the closure or realign8 ment of additional military installations. 

9 (2) SUBMISSION.—The Comptroller General 

10 shall submit the evaluation to Congress not later 

11 than 60 days after the date on which the force12 structure plan and infrastructure inventory are sub13 mitted to Congress. 

14 (d) FINAL SELECTION CRITERIA.— 

15 (1) IN GENERAL.—The final criteria to be used 

16 by the Secretary in making recommendations for the 

17 closure or realignment of military installations inside 

18 the United States under this title in 2017 shall be 

19 the military value and other criteria specified in 

20 paragraphs (2) and (3). 

21 (2) MILITARY VALUE CRITERIA.—The military 

22 value criteria are as follows: 

23 (A) The current and future mission capa24 bilities and the impact on operational readiness 

25 of the total force of the Department of Defense, 


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1 including the impact on joint warfighting, train2 ing, and readiness. 

3 (B) The availability and condition of land, 

4 facilities, and associated airspace (including 

5 training areas suitable for maneuver by ground, 

6 naval, or air forces throughout a diversity of cli7 mate and terrain areas and staging areas for 

8 the use of the armed forces in homeland de9 fense missions) at both existing and potential 

10 receiving locations. 

11 (C) The ability to accommodate contin12 gency, mobilization, surge, and future total 

13 force requirements at both existing and poten14 tial receiving locations to support operations 

15 and training. 

16 (D) The cost of operations and the man17 power implications. 

18 (3) OTHER CRITERIA.—The other criteria that 

19 the Secretary shall use in making recommendations 

20 for the closure or realignment of military installa21 tions inside the United States under this title in 

22 2017 are as follows: 

23 (A) The extent and timing of potential 

24 costs and savings, including the number of 

25 years, beginning with the date of completion of 


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1 the closure or realignment, for the savings to 

2 exceed the costs. 

3 (B) The economic impact on existing com4 munities in the vicinity of military installations. 

5 (C) The ability of the infrastructure of 

6 both the existing and potential receiving com7 munities to support forces, missions, and per8 sonnel. 

9 (D) The environmental impact, including 

10 the impact of costs related to potential environ11 mental restoration, waste management, and en12 vironmental compliance activities. 

13 (e) PRIORITY GIVEN TO MILITARY VALUE.—The 

14 Secretary shall give priority consideration to the military 

15 value criteria specified in subsection (d)(2) in the making 

16 of recommendations for the closure or realignment of mili17 tary installations. 

18 (f) EFFECT ON DEPARTMENT AND OTHER AGENCY

19 COSTS.—The selection criteria relating to the cost savings 

20 or return on investment from the proposed closure or re21 alignment of military installations shall take into account 

22 the effect of the proposed closure or realignment on the 

23 costs of any other activity of the Department of Defense 

24 or any other Federal agency that may be required to asVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 sume responsibility for activities at the military installa2 tions. 

3 (g) RELATION TO OTHER MATERIALS.—The final se4 lection criteria specified in this section shall be the only 

5 criteria to be used, along with the force-structure plan and 

6 infrastructure inventory referred to in subsection (a), in 

7 making recommendations for the closure or realignment 

8 of military installations inside the United States under 

9 this title in 2017. 

10 (h) DOD RECOMMENDATIONS.—(1) If the Secretary 

11 makes the certifications required under subsection (b), the 

12 Secretary shall, by no later than May 12, 2017, publish 

13 in the Federal Register and transmit to the congressional 

14 defense committees and to the Commission a list of the 

15 military installations inside the United States that the 

16 Secretary recommends for closure or realignment on the 

17 basis of the force-structure plan and infrastructure inven18 tory prepared by the Secretary under subsection (a) and 

19 the final selection criteria specified in subsection (d) that 

20 are applicable to the year concerned. 

21 (2) The Secretary shall include, with the list of rec22 ommendations published and transmitted pursuant to 

23 paragraph (1), a summary of the selection process that 

24 resulted in the recommendation for each installation, in25 cluding a justification for each recommendation. The SecVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 retary shall transmit the matters referred to in the pre2 ceding sentence not later than 7 days after the date of 

3 the transmittal to the congressional defense committees 

4 and the Commission of the list referred to in paragraph 

5 (1). 

6 (3)(A) In considering military installations for clo7 sure or realignment, the Secretary shall consider all mili8 tary installations inside the United States equally without 

9 regard to whether the installation has been previously con10 sidered or proposed for closure or realignment by the De11 partment. 

12 (B) In considering military installations for closure 

13 or realignment, the Secretary may not take into account 

14 for any purpose any advance conversion planning under15 taken by an affected community with respect to the antici16 pated closure or realignment of an installation. 

17 (C) For purposes of subparagraph (B), in the case 

18 of a community anticipating the economic effects of a clo19 sure or realignment of a military installation, advance con20 version planning— 

21 (i) shall include community adjustment and eco22 nomic diversification planning undertaken by the 

23 community before an anticipated selection of a mili24 tary installation in or near the community for clo25 sure or realignment; and 


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1 (ii) may include the development of contingency 

2 redevelopment plans, plans for economic develop3 ment and diversification, and plans for the joint use 

4 (including civilian and military use, public and pri5 vate use, civilian dual use, and civilian shared use) 

6 of the property or facilities of the installation after 

7 the anticipated closure or realignment. 

8 (D) In making recommendations to the Commission, 

9 the Secretary shall consider any notice received from a 

10 local government in the vicinity of a military installation 

11 that the government would approve of the closure or re12 alignment of the installation. 

13 (E) Notwithstanding the requirement in subpara14 graph (D), the Secretary shall make the recommendations 

15 referred to in that subparagraph based on the force-struc16 ture plan, infrastructure inventory, and final selection cri17 teria otherwise applicable to such recommendations. 

18 (F) The recommendations shall include a statement 

19 of the result of the consideration of any notice described 

20 in subparagraph (D) that is received with respect to a 

21 military installation covered by such recommendations. 

22 The statement shall set forth the reasons for the result. 

23 (4) In addition to making all information used by the 

24 Secretary to prepare the recommendations under this sub25 section available to Congress (including any committee or 


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1 Member of Congress), the Secretary shall also make such 

2 information available to the Commission and the Comp3 troller General of the United States. 

4 (5)(A) Each person referred to in subparagraph (B), 

5 when submitting information to the Secretary of Defense 

6 or the Commission concerning the closure or realignment 

7 of a military installation, shall certify that such informa8 tion is accurate and complete to the best of that person’s 

9 knowledge and belief. 

10 (B) Subparagraph (A) applies to the following per11 sons: 

12 (i) The Secretaries of the military departments. 

13 (ii) The heads of the Defense Agencies. 

14 (iii) Each person who is in a position the duties 

15 of which include personal and substantial involve16 ment in the preparation and submission of informa17 tion and recommendations concerning the closure or 

18 realignment of military installations, as designated 

19 in regulations which the Secretary of Defense shall 

20 prescribe, regulations which the Secretary of each 

21 military department shall prescribe for personnel 

22 within that military department, or regulations 

23 which the head of each Defense Agency shall pre24 scribe for personnel within that Defense Agency. 


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1 (6) Any information provided to the Commission by 

2 a person described in paragraph (5)(B) shall also be sub3 mitted to the Senate and the House of Representatives 

4 to be made available to the Members of the House con5 cerned in accordance with the rules of that House. The 

6 information shall be submitted to the Senate and House 

7 of Representatives within 48 hours after the submission 

8 of the information to the Commission. 

9 (i) REVIEW AND RECOMMENDATIONS BY THE COM10 MISSION.—(1) After receiving the recommendations from 

11 the Secretary pursuant to subsection (h) for any year, the 

12 Commission shall conduct public hearings on the rec13 ommendations. All testimony before the Commission at a 

14 public hearing conducted under this paragraph shall be 

15 presented under oath. 

16 (2)(A) The Commission shall, by no later than Octo17 ber 1 of each year in which the Secretary transmits rec18 ommendations to it pursuant to subsection (h), transmit 

19 to the President a report containing the Commission’s 

20 findings and conclusions based on a review and analysis 

21 of the recommendations made by the Secretary, together 

22 with the Commission’s recommendations for closures and 

23 realignments of military installations inside the United 

24 States. 


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1 (B) Subject to subparagraphs (C) and (E), in making 

2 its recommendations, the Commission may make changes 

3 in any of the recommendations made by the Secretary if 

4 the Commission determines that the Secretary deviated 

5 substantially from the force-structure plan and final cri6 teria referred to in subsection (d)(1) in making rec7 ommendations. 

8 (C) In the case of a change described in subpara9 graph (D) in the recommendations made by the Secretary, 

10 the Commission may make the change only if— 

11 (i) the Commission— 

12 (I) makes the determination required by 

13 subparagraph (B); 

14 (II) determines that the change is con15 sistent with the force-structure plan and final 

16 criteria referred to in subsection (d)(1); 

17 (III) publishes a notice of the proposed 

18 change in the Federal Register not less than 45 

19 days before transmitting its recommendations 

20 to the President pursuant to subparagraph (A); 

21 and 

22 (IV) conducts public hearings on the pro23 posed change; 


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1 (ii) at least two members of the Commission 

2 visit the military installation before the date of the 

3 transmittal of the report; and 

4 (iii) the decision of the Commission to make the 

5 change is supported by at least seven members of 

6 the Commission. 

7 (D) Subparagraph (C) shall apply to a change by the 

8 Commission in the Secretary’s recommendations that 

9 would— 

10 (i) add a military installation to the list of mili11 tary installations recommended by the Secretary for 

12 closure; 

13 (ii) add a military installation to the list of mili14 tary installations recommended by the Secretary for 

15 realignment; or 

16 (iii) increase the extent of a realignment of a 

17 particular military installation recommended by the 

18 Secretary. 

19 (E) The Commission may not consider making a 

20 change in the recommendations of the Secretary that 

21 would add a military installation to the Secretary’s list of 

22 installations recommended for closure or realignment un23 less, in addition to the requirements of subparagraph 

24 (C)— 


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1 (i) the Commission provides the Secretary with 

2 at least a 15-day period, before making the change, 

3 in which to submit an explanation of the reasons 

4 why the installation was not included on the closure 

5 or realignment list by the Secretary; and 

6 (ii) the decision to add the installation for Com7 mission consideration is supported by at least seven 

8 members of the Commission. 

9 (F) In making recommendations under this para10 graph, the Commission may not take into account for any 

11 purpose any advance conversion planning undertaken by 

12 an affected community with respect to the anticipated clo13 sure or realignment of a military installation. 

14 (3) The Commission shall explain and justify in its 

15 report submitted to the President pursuant to paragraph 

16 (2) any recommendation made by the Commission that is 

17 different from the recommendations made by the Sec18 retary pursuant to subsection (h). The Commission shall 

19 transmit a copy of such report to the congressional defense 

20 committees on the same date on which it transmits its rec21 ommendations to the President under paragraph (2). 

22 (4) After October 1 of each year in which the Com23 mission transmits recommendations to the President 

24 under this subsection, the Commission shall promptly pro25 vide, upon request, to any Member of Congress informaVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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1 tion used by the Commission in making its recommenda2 tions. 

3 (5) The Comptroller General of the United States 

4 shall— 

5 (A) assist the Commission, to the extent re6 quested, in the Commission’s review and analysis of 

7 the recommendations made by the Secretary pursu8 ant to subsection (h); and 

9 (B) by no later than July 1 of each year in 

10 which the Secretary makes such recommendations, 

11 transmit to the Congress and to the Commission a 

12 report containing a detailed analysis of the Sec13 retary’s recommendations and selection process. 

14 (j) REVIEW BY THE PRESIDENT.—(1) The President 

15 shall, by no later than October 15 of each year in which 

16 the Commission makes recommendations under subsection 

17 (i), transmit to the Commission and to the Congress a 

18 report containing the President’s approval or disapproval 

19 of the Commission’s recommendations. 

20 (2) If the President approves all the recommenda21 tions of the Commission, the President shall transmit a 

22 copy of such recommendations to the Congress, together 

23 with a certification of such approval. 

24 (3) If the President disapproves the recommendations 

25 of the Commission, in whole or in part, the President shall 


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1 transmit to the Commission and the Congress the reasons 

2 for that disapproval. The Commission shall then transmit 

3 to the President, by no later than November 18 of the 

4 year concerned, a revised list of recommendations for the 

5 closure and realignment of military installations. 

6 (4) If the President approves all of the revised rec7 ommendations of the Commission transmitted to the 

8 President under paragraph (3), the President shall trans9 mit a copy of such revised recommendations to the Con10 gress, together with a certification of such approval. 

11 (5) If the President does not transmit to the Con12 gress an approval and certification described in paragraph 

13 (2) or (4) by December 2 of any year in which the Com14 mission has transmitted recommendations to the Presi15 dent under this title, the process by which military instal16 lations may be selected for closure or realignment under 

17 this title with respect to that year shall be terminated. 

18 SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY IN19 STALLATIONS. 

20 (a) IN GENERAL.—Subject to subsection (b), the Sec21 retary shall— 

22 (1) close all military installations recommended 

23 for closure by the Commission in each report trans24 mitted to the Congress by the President pursuant to 

25 section 2903(j); 


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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. 

24 (b) CONGRESSIONAL DISAPPROVAL.—(1) The Sec25 retary may not carry out any closure or realignment recVerDate Mar 15 2010 02:55 May 24, 2014 Jkt 039200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\S2289.IS S2289

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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 

18 (II) is the subject of a written request by the 

19 head of the department or agency. 

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 

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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 2014. 

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 2014’’ (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 

21 to the Account; 

22 (B) any funds that the Secretary may, 

23 subject to approval in an appropriation Act, 

24 transfer to the Account from funds appro25 priated to the Department of Defense for any 


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1 purpose, except that such funds may be trans2 ferred only after the date on which the Sec3 retary transmits written notice of, and justifica4 tion for, such transfer to the congressional de5 fense committees; and 

6 (C) except as provided in subsection (d), 

7 proceeds received from the lease, transfer, or 

8 disposal of any property at a military installa9 tion that is closed or realigned under this title. 

10 (3) The Account shall be closed at the time and 

11 in the manner provided for appropriation accounts 

12 under section 1555 of title 31, United States Code. 

13 Unobligated funds which remain in the Account 

14 upon closure shall be held by the Secretary of the 

15 Treasury until transferred by law after the congres16 sional defense committees receive the final report 

17 transmitted under subsection (c)(2). 

18 (b) USE OF FUNDS.—(1) The Secretary may use the 

19 funds in the Account only for the purposes described in 

20 section 2905 with respect to military installations ap21 proved for closure or realignment under this title. 

22 (2) When a decision is made to use funds in the Ac23 count to carry out a construction project under section 

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1 struction project, the Secretary shall notify in writing the 

2 congressional defense committees of the nature of, and 

3 justification for, the project and the amount of expendi4 tures for such project. Any such construction project may 

5 be carried out without regard to section 2802(a) of title 

6 10, United States Code. 

7 (c) REPORTS.—(1)(A) No later than 60 days after 

8 the end of each fiscal year in which the Secretary carries 

9 out activities under this title using amounts in the Ac10 count, the Secretary shall transmit a report to the con11 gressional defense committees of— 

12 (i) the amount and nature of the deposits into, 

13 and the expenditures from, the Account during such 

14 fiscal year; 

15 (ii) the amount and nature of other expendi16 tures made pursuant to section 2905(a) during such 

17 fiscal year; 

18 (iii) the amount and nature of anticipated de19 posits to be made into, and the anticipated expendi20 tures to be made from, the Account during the first 

21 fiscal year commencing after the submission of the 

22 report; and 

23 (iv) the amount and nature of anticipated ex24 penditures to be made pursuant to section 2905(a) 


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1 during the first fiscal year commencing after the 

2 submission of the report. 

3 (B) The report for a fiscal year shall include the fol4 lowing: 

5 (i) The obligations and expenditures from the 

6 Account during the fiscal year, identified by sub7 account and installation, for each military depart8 ment and Defense Agency. 

9 (ii) The fiscal year in which appropriations for 

10 such expenditures were made and the fiscal year in 

11 which finds were obligated for such expenditures. 

12 (iii) Each military construction project for 

13 which such obligations and expenditures were made, 

14 identified by installation and project title. 

15 (iv) A description and explanation of the extent, 

16 if any, to which expenditures for military construc17 tion projects for the fiscal year differed from pro18 posals for projects and funding levels that were in19 cluded in the justification transmitted to Congress 

20 under section 2907(1), or otherwise, for the funding 

21 proposals for the Account for such fiscal year, in22 cluding an explanation of— 

23 (I) any failure to carry out military con24 struction projects that were so proposed; and 


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1 (II) any expenditures for military construc2 tion projects that were not so proposed. 

3 (v) An estimate of the net revenues to be re4 ceived from property disposals to be completed dur5 ing the first fiscal year commencing after the sub6 mission of the report at military installations ap7 proved for closure or realignment under this title. 

8 (2) No later than 60 days after the closure of the 

9 Account under subsection (a)(3), the Secretary shall 

10 transmit to the congressional defense committees a report 

11 containing an accounting of— 

12 (A) all the funds deposited into and expended 

13 from the Account or otherwise expended under this 

14 title with respect to such installations; and 

15 (B) any amount remaining in the Account. 

16 (d) DISPOSAL OR TRANSFER OF COMMISSARY

17 STORES AND PROPERTY PURCHASED WITH NON18 APPROPRIATED FUNDS.—(1) If any real property or facil19 ity acquired, constructed, or improved (in whole or in part) 

20 with commissary store funds or nonappropriated funds is 

21 transferred or disposed of in connection with the closure 

22 or realignment of a military installation under this title, 

23 a portion of the proceeds of the transfer or other disposal 

24 of property on that installation shall be deposited in the 

25 reserve account established under section 204(b)(7)(C) of 


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1 the Defense Authorization Amendments and Base Closure 

2 and Realignment Act (10 U.S.C. 2687 note). 

3 (2) The amount so deposited shall be equal to the 

4 depreciated value of the investment made with such funds 

5 in the acquisition, construction, or improvement of that 

6 particular real property or facility. The depreciated value 

7 of the investment shall be computed in accordance with 

8 regulations prescribed by the Secretary. 

9 (3) The Secretary may use amounts in the reserve 

10 account, without further appropriation, for the purpose of 

11 acquiring, constructing, and improving— 

12 (A) commissary stores; and 

13 (B) real property and facilities for non14 appropriated fund instrumentalities. 

15 (4) As used in this subsection: 

16 (A) The term ‘‘commissary store funds’’ means 

17 funds received from the adjustment of, or surcharge 

18 on, selling prices at commissary stores fixed under 

19 section 2685 of title 10, United States Code. 

20 (B) The term ‘‘nonappropriated funds’’ means 

21 funds received from a nonappropriated fund instru22 mentality. 

23 (C) The term ‘‘nonappropriated fund instru24 mentality’’ means an instrumentality of the United 

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1 cluding the Army and Air Force Exchange Service, 

2 the Navy Resale and Services Support Office, and 

3 the Marine Corps exchanges) which is conducted for 

4 the comfort, pleasure, contentment, or physical or 

5 mental improvement of members of the armed 

6 forces. 

7 (e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR

8 ENVIRONMENTAL RESTORATION PROJECTS.—Except for 

9 funds deposited into the Account under subsection (a), 

10 funds appropriated to the Department of Defense may not 

11 be used for purposes described in section 2905(a)(1)(C). 

12 The prohibition in this subsection shall expire upon the 

13 closure of the Account under subsection (a)(3). 

14 (f) AUTHORIZED COST AND SCOPE OF WORK VARI15 ATIONS.—(1) Subject to paragraphs (2) and (3), the cost 

16 authorized for a military construction project or military 

17 family housing project to be carried out using funds in 

18 the Account may not be increased or reduced by more than 

19 20 percent or $2,000,000, whichever is less, of the amount 

20 specified for the project in the conference report to accom21 pany the Military Construction Authorization Act author22 izing the project. The scope of work for such a project 

23 may not be reduced by more than 25 percent from the 

24 scope specified in the most recent budget documents for 

25 the projects listed in such conference report. 


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1 (2) Paragraph (1) shall not apply to a military con2 struction project or military family housing project to be 

3 carried out using funds in the Account with an estimated 

4 cost of less than $5,000,000, unless the project has not 

5 been previously identified in any budget submission for the 

6 Account and exceeds the applicable minor construction 

7 threshold under section 2805 of title 10, United States 

8 Code. 

9 (3) The limitation on cost or scope variation in para10 graph (1) shall not apply if the Secretary of Defense 

11 makes a determination that an increase or reduction in 

12 cost or a reduction in the scope of work for a military 

13 construction project or military family housing project to 

14 be carried out using funds in the Account needs to be 

15 made for the sole purpose of meeting unusual variations 

16 in cost or scope. If the Secretary makes such a determina17 tion, the Secretary shall notify the congressional defense 

18 committees of the variation in cost or scope not later than 

19 21 days before the date on which the variation is made 

20 in connection with the project or, if the notification is pro21 vided in an electronic medium pursuant to section 480 of 

22 title 10, United States Code, not later than 14 days before 

23 the date on which the variation is made. The Secretary 

24 shall include the reasons for the variation in the notifica25 tion. 


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1 SEC. 2907. REPORTS. 

2 (a) REPORTING REQUIREMENT.—As part of the 

3 budget request for fiscal year 2019 and for each fiscal 

4 year thereafter through fiscal year 2030 for the Depart5 ment of Defense, the Secretary shall transmit to the con6 gressional defense committees— 

7 (1) a schedule of the closure actions to be car8 ried out under this title in the fiscal year for which 

9 the request is made and an estimate of the total ex10 penditures required and cost savings to be achieved 

11 by each such closure and of the time period in which 

12 these savings are to be achieved in each case, to13 gether with the Secretary’s assessment of the envi14 ronmental effects of such actions; 

15 (2) a description of the military installations, 

16 including those under construction and those 

17 planned for construction, to which functions are to 

18 be transferred as a result of such closures, together 

19 with the Secretary’s assessment of the environmental 

20 effects of such transfers; 

21 (3) a description of the closure actions already 

22 carried out at each military installation since the 

23 date of the installation’s approval for closure under 

24 this title and the current status of the closure of the 

25 installation, including whether— 


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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 

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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, 2018, this title 

8 shall be the exclusive authority for selecting for closure 

9 or realignment, or for carrying out any closure or realign10 ment of, a military installation inside the United States. 

11 (b) RESTRICTION.—Except as provided in subsection 

12 (c), none of the funds available to the Department of De13 fense may be used, other than under this title, during the 

14 period specified in subsection (a)— 

15 (1) to identify, through any transmittal to the 

16 Congress or through any other public announcement 

17 or notification, any military installation inside the 

18 United States as an installation to be closed or re19 aligned or as an installation under consideration for 

20 closure or realignment; or 

21 (2) to carry out any closure or realignment of 

22 a military installation inside the United States. 

23 (c) EXCEPTION.—Nothing in this title affects the au24 thority of the Secretary to carry out closures and realign25 ments to which section 2687 of title 10, United States 


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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 2014.’’. 

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 2014.’’. 

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 2014.’’. 

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 2014.’’. 

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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•S 2289 IS

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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