National Defense Authorization Act for Fiscal Year 2015

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. Short title This Act may be cited as the National Defense Authorization Act for Fiscal Year 2015 2. Organization of act into divisions; table of contents (a) Divisions This Act is organized into two divisions as follows: (1) Division a Department of Defense Authorizations. (2) Division b Military Construction Authorizations. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of act into divisions; table of contents. DIVISION A—Department of Defense Authorizations TITLE I—Procurement Sec. 101. Army. Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. Sec. 104. Defense-wide activities. Sec. 105. Joint Improvised Explosive Device Defeat Fund. Sec. 106. Defense production act purchases. TITLE II—Research, development, test, and evaluation Subtitle A—Authorization of appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program requirements, restrictions, and limitations Sec. 211. Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) Defense Education program. Sec. 212. Modification to the requirement for contractor cost-sharing in the pilot program to include technology protection features during research and development of certain defense systems. TITLE III—Operation and maintenance Subtitle A—Authorization of appropriations Sec. 301. Operation and maintenance funding. Subtitle B—Program Matters Sec. 311. Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities. Sec. 312. Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors. Sec. 313. Repeal of annual report on Department of Defense operation and financial support for military museums. Sec. 314. Memorial to the victims of the shooting attack at the Washington Navy Yard. Sec. 315. Southern Sea Otter Military Readiness Areas. Sec. 316. Environmental restoration at former Naval Air Station, Chincoteague, Virginia. TITLE IV—Military personnel authorizations Subtitle A—Active forces Sec. 401. End strengths for active forces. Subtitle B—Reserve forces Sec. 411. End strengths for selected reserve. Sec. 412. End strengths for reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2015 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 416. Management of military technicians. Subtitle C—Authorization of appropriations Sec. 421. Military personnel. TITLE V—Military personnel policy Subtitle A—Officer personnel policy generally Sec. 501. Repeal of requirement for submission to Congress of annual reports on joint officer management and promotion policy objectives for joint officers. Sec. 502. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties. Sec. 503. Authority for three-month deferral of retirement for officers selected for selective early retirement. Subtitle B—Reserve Component Management Sec. 511. Reconciliation of contradictory provisions relating to citizenship qualifications for enlistment in the reserve components of the armed forces. Sec. 512. Repeal of requirement for membership in specific unit of the selected reserve as a condition of employment as a military technician (dual status). Sec. 513. Retention on the reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees. Subtitle C—Member education and training Sec. 521. Inter-European Air Forces Academy. Sec. 522. Authority for Joint Special Operations University to award degrees. Sec. 523. Duration of foreign and cultural exchange activities at military service academies. Sec. 524. Enhancement of authority to accept support for Air Force Academy athletic programs. Subtitle D—Defense dependents’ education and military family readiness matters Sec. 531. Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse. Sec. 532. Authority to employ non-United States citizens as teachers in Department of Defense Overseas Dependents’ School System. Sec. 533. Expansion of the function of the advisory council on dependents’ education to include the domestic dependent elementary and secondary schools. Subtitle E—Other matters Sec. 541. Procedures for judicial review of military personnel decisions relating to correction of military records. Sec. 542. Enhanced role for Department of Justice under Military Lending Act. Sec. 543. Enforcement of rights under chapter 43 Sec. 544. Modification of criteria for eligibility for naturalization through service in the armed forces. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances Sec. 601. Fiscal year 2015 increase in military basic pay. Sec. 602. Inclusion of Chief of the National Guard Bureau and senior enlisted advisor to the Chief of the National Guard Bureau among senior members of the armed forces for purposes of pay and allowances. Sec. 603. Revision to method of computation of basic allowance for housing. Subtitle B—Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle C—Travel and Transportation Allowances Sec. 621. Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel. Sec. 622. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services. TITLE VII—HEALTHCARE PROVISIONS Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Consolidated TRICARE health plan. Sec. 702. Revisions to cost sharing requirements for TRICARE for life and the pharmacy benefits program. Subtitle B—Health Care Administration Sec. 711. Designation and responsibilities of Senior Medical Advisor for Armed Forces Retirement Home. Sec. 712. Extension of authority for the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 713. Parity in provision of inpatient mental health services with other inpatient medical services. TITLE VIII—Acquisition policy, acquisition management, and related matters Subtitle A—Acquisition policy and management Sec. 801. Three-year extension of authority for Joint Urgent Operational Needs Fund. Sec. 802. Five-year extension of Defense Production Act of 1950. Sec. 803. Program fraud civil remedies statute for the Department of Defense and the National Aeronautics and Space Administration. Sec. 804. Permanent authority for use of simplified acquisition procedures for certain commercial items. Subtitle B—Amendments to general contract authorities, procedures, and limitations Sec. 811. Authority for Defense Contract Audit Agency to interview contractor employees in connection with examination of contractor records. Sec. 812. Extension to United States transportation command of authorities relating to prohibition on contracting with the enemy. Sec. 813. Recharacterization of changes to major automated information system programs. Sec. 814. Extension of special emergency procurement authority. Sec. 815. Extension of contract authority for advanced component development or prototype units. Sec. 816. Exception to requirement to include cost or price to the Government as a factor in the evaluation of proposals for certain task or delivery order contracts. Sec. 817. Authority for waiver of competitive prototyping requirement for major defense acquisition programs in case of programs with no risk reduction phase activities. Sec. 818. Extension of authority for additional access to contractor and subcontractor records in a contingency operation. Sec. 819. Modification of limitations on procurement of photovoltaic devices by the Department of Defense. TITLE IX—Department of Defense organization and management Sec. 901. Implementation of the December 2013 Secretary of Defense plan for reorganization of the Office of the Secretary of Defense and implementation of the elimination of Deputy Under Secretary of Defense positions. Sec. 902. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities. Sec. 903. Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad. Sec. 904. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies. Sec. 905. One-year extension of authorization for non-conventional assisted recovery capabilities. Sec. 906. Authority for Secretary of Defense to engage in commercial activities as security for military operations abroad. Sec. 907. Statutory streamlining to enable Defense Commissary Agency to become partially self-sustaining. TITLE X—General provisions Subtitle A—Financial matters Sec. 1001. Authority for use of amounts recovered for damage to Government property. Subtitle B—Counter-Drug activities Sec. 1011. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and of numerical limitation on assignment of United States personnel in Colombia. Subtitle C—Naval vessels and shipyards Sec. 1021. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning. Sec. 1022. Ensuring operational readiness of littoral combat ships on extended deployments. Sec. 1023. Authority for limited coastwise trade for certain vessels providing transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy. Subtitle D—Sexual assault prevention and response related reforms Sec. 1031. Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the defense incident-based reporting system. Sec. 1032. Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings. Subtitle E—Other matters Sec. 1041. Technical and clerical amendments. Sec. 1042. Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations. Sec. 1043. Limited authority for United States to secure copyrights for certain scholarly works prepared by faculty of certain Department of Defense professional schools. Sec. 1044. Revision to statute of limitations for aviation insurance claims. Sec. 1045. Transfer of functions of the Veterans’ Advisory Board on Dose Reconstruction to the Secretaries of Veterans Affairs and Defense. Sec. 1046. Authority to accept certain voluntary services. Sec. 1047. Transfer of Administration of Ocean Research Advisory Panel From Department of the Navy to National Oceanic and Atmospheric Administration. Sec. 1048. Repeal and modification of reporting requirements. TITLE XI—Civilian personnel matters Sec. 1101. Modifications to Biennial Strategic Workforce Plan relating to senior management, functional, and technical workforce of the Department of Defense. Sec. 1102. Authority to provide additional compensation for defense clandestine service employees. Sec. 1103. Pilot program for the temporary exchange of financial management personnel. TITLE XII—Matters relating to foreign nations Sec. 1201. Enhanced authority to acquire products and services produced in Djibouti in support of Department of Defense activities in United States Africa Command area of responsibility. Sec. 1202. Permanent and global authority for use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability. Sec. 1203. Revisions to Global Security Contingency Fund authority. Sec. 1204. Increase in annual limitation on transfer of excess defense articles. Sec. 1205. One-year extension of Afghan Special Immigrant Visa Program. Sec. 1206. Enhanced authority for provision of support to foreign military liaison officers of foreign countries while assigned to the Department of Defense. TITLE XIII—Other authorizations Subtitle A—Military programs Sec. 1301. Working Capital Funds. Sec. 1302. Joint Urgent Operational Needs Fund. Sec. 1303. Chemical Agents and Munitions Destruction, Defense. Sec. 1304. Drug Interdiction and Counter-Drug Activities, Defense-Wide. Sec. 1305. Defense Inspector General. Sec. 1306. Defense Health Program. Subtitle B—Other matters Sec. 1311. Authority for transfer of funds to Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1312. Authorization of appropriations for Armed Forces Retirement Home. TITLE XIV—Uniformed and Overseas Citizens Absentee Voting Act amendments Sec. 1401. Pre-election reporting requirements on availability and transmission of absentee ballots. Sec. 1402. Transmission requirements; repeal of waiver provision. Sec. 1403. Clarification of State responsibility, civil penalties, and private right of action. Sec. 1404. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot. Sec. 1405. Treatment of ballot requests. Sec. 1406. Inclusion of Northern Mariana Islands in the definition of State Sec. 1407. Requirement for Presidential designee to revise the Federal post card application to allow voters to designate ballot requests. Sec. 1408. Requirement of plurality vote for Virgin Islands and Guam Federal elections. Sec. 1409. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the Federal Voting Assistance Program. TITLE XV—Authorization of additional appropriations for overseas contingency operations [RESERVED] TITLE XVI—Consolidation and modernization of statutes relating to the Department of Defense Cooperative Threat Reduction Program Sec. 1601. Short title; table of contents. Subtitle A—Program authorities Sec. 1611. Authority to carry out the Department of Defense Cooperative Threat Reduction Program. Sec. 1612. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities. Sec. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities. Sec. 1614. Use of funds for other purposes or for increased amounts. Sec. 1615. Use of contributions to the Department of Defense Cooperative Threat Reduction Program. Subtitle B—Restrictions and limitations Sec. 1621. Prohibition on use of funds for specified purposes. Sec. 1622. Requirement for on-site managers. Sec. 1623. Limitation on use of funds until certain permits obtained. Subtitle C—Recurring certifications and reports Sec. 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities. Sec. 1632. Requirement to submit summary of amounts requested by project category. Sec. 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program. Sec. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program. Subtitle D—Repeals and transition provision Sec. 1641. Repeals. Sec. 1642. Transition provision. DIVISION B—Military construction authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. TITLE XXI—Army military construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Modification of authority to carry out certain fiscal year 2004 project. Sec. 2105. Modification of authority to carry out certain fiscal year 2013 projects. Sec. 2106. Extension of authorizations of certain fiscal year 2011 project. Sec. 2107. Extension of authorizations of certain fiscal year 2012 projects. TITLE XXII—Navy military construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification of authority to carry out certain fiscal year 2012 projects. Sec. 2206. Modification of authority to carry out certain fiscal year 2014 project. Sec. 2207. Extension of authorizations of certain fiscal year 2011 projects. Sec. 2208. Extension of authorizations of certain fiscal year 2012 projects. TITLE XXIII—Air Force military construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Authorization of appropriations, Air Force. Sec. 2303. Modification of authority to carry out certain fiscal year 2008 project. Sec. 2304. Extension of authorizations of certain fiscal year 2011 project. Sec. 2305. Extension of authorizations of certain fiscal year 2012 project. TITLE XXIV—Defense agencies military construction Subtitle A—Defense agency authorizations Sec. 2401. Authorized defense agencies construction and land acquisition projects. Sec. 2402. Authorized energy conservation projects. Sec. 2403. Authorization of appropriations, defense agencies. Sec. 2404. Extension of authorizations of certain fiscal year 2011 project. Sec. 2405. Extension of authorizations of certain fiscal year 2012 projects. Sec. 2406. Extension of authorizations of certain fiscal year 2012 projects. Subtitle B—Chemical demilitarization authorizations Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide. Sec. 2412. Modification of authority to carry out certain fiscal year 2000 project. TITLE XXV—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. TITLE XXVI—Guard and reserve forces facilities Subtitle A—Project authorizations and authorization of appropriations Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Subtitle B—Other matters Sec. 2611. Modification and extension of authority to carry out certain fiscal year 2012 projects. Sec. 2612. Modification of authority to carry out certain fiscal year 2013 project. Sec. 2613. Extension of authorization of certain fiscal year 2011 project. TITLE XXVII—Base realignment and closure activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. TITLE XXVIII—Military construction general provisions Sec. 2801. Revisions to minor military construction authorities. Sec. 2802. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities. Sec. 2803. Change in authorities relating to scope of work variations for military construction projects. Sec. 2804. Modification of Department of Defense authority to accept financial incentives, goods, or services under the authority of energy savings contracts and activities. Sec. 2805. Clarification of authority to enter into energy saving performance contracts. Sec. 2806. Production and use of natural gas at Fort Knox, Kentucky. Sec. 2807. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions. TITLE XXIX—Defense base closure and realignment Sec. 2901. Short title and purpose. Sec. 2902. The Commission. Sec. 2903. Procedure for making recommendations for base closures and realignments. Sec. 2904. Closure and realignment of military installations. Sec. 2905. Implementation. Sec. 2906. Department of Defense Base Closure Account 2014. Sec. 2907. Reports. Sec. 2908. Congressional consideration of commission report. Sec. 2909. Restriction on other base closure authority. Sec. 2910. Definitions. Sec. 2911. Treatment as a base closure law for purposes of other provisions of law. Sec. 2912. Conforming amendments. A Department of Defense Authorizations I Procurement 101. Army Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Army as follows: (1) For aircraft, $5,102,685,000. (2) For missiles, $1,017,483,000. (3) For weapons and tracked combat vehicles, $1,471,438,000. (4) For ammunition, $1,031,477,000. (5) For other procurement, $4,893,634,000. 102. Navy and Marine Corps Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Navy and Marine Corps as follows: (1) For aircraft, $13,074,317,000. (2) For weapons, including missiles and torpedoes, $3,217,945,000. (3) For shipbuilding and conversion, $14,400,625,000. (4) For other procurement, $5,975,828,000. (5) For procurement, Marine Corps, $983,352,000. (6) For ammunition procurement, Navy and Marine Corps, $771,945,000. 103. Air Force Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Air Force as follows: (1) For aircraft, $11,542,571,000. (2) For ammunition, $677,400,000. (3) For missiles, $4,690,506,000. (4) For other procurement, $16,566,018,000. 104. Defense-wide activities Funds are hereby authorized to be appropriated for fiscal year 2015 for Defense-wide procurement in the amount of $4,221,437,000. 105. Joint Improvised Explosive Device Defeat Fund Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Improvised Explosive Device Defeat Fund in the amount of $115,058,000. 106. Defense production act purchases Funds are hereby authorized to be appropriated for fiscal year 2015 for purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $21,638,000. II Research, development, test, and evaluation A Authorization of appropriations 201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Department of Defense for research, development, test, and evaluation as follows: (1) For the Army, $6,593,898,000. (2) For the Navy, $16,266,335,000. (3) For the Air Force, $23,739,892,000. (4) For Defense-wide activities, $16,766,084,000. (5) For the Director of Operational Test and Evaluation, $167,738,000. B Program requirements, restrictions, and limitations 211. Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) Defense Education program Subparagraph (B) of section 2192a(c)(1) in the Department of Defense for the period of obligated service determined under paragraph (2)— (i) with the Department of Defense; or (ii) with a public or private sector entity or organization outside the Department of Defense if the Secretary of Defense determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department of Defense. . 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 Section 243(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2358 at least one half of the cost of such activities an appropriate share of the cost of such activities, as determined by the Secretary III Operation and maintenance A Authorization of appropriations 301. Operation and maintenance funding Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the armed forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $33,240,148,000. (2) For the Navy, $39,316,857,000. (3) For the Marine Corps, $5,909,487,000. (4) For the Air Force, $35,331,193,000. (5) For Defense-wide activities, $31,198,232,000. (6) For the Army Reserve, $2,490,569,000. (7) For the Navy Reserve, $1,007,100,000. (8) For the Marine Corps Reserve, $268,582,000. (9) For the Air Force Reserve, $3,015,842,000. (10) For the Army National Guard, $6,030,773,000. (11) For the Air National Guard, $6,392,859,000. (12) For the United States Court of Appeals for the Armed Forces, $13,723,000. (13) For the Department of Defense Acquisition Workforce Development Fund, $212,875,000. (14) For Environmental Restoration, Army, $201,560,000. (15) For Environmental Restoration, Navy, $277,294,000. (16) For Environmental Restoration, Air Force, $408,716,000. (17) For Environmental Restoration, Defense-wide, $8,547,000. (18) For Environmental Restoration, Formerly Used Defense Sites, $208,353,000. (19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $100,000,000. (20) For Cooperative Threat Reduction programs, $365,108,000. (21) For Overseas Contingency Operations Transfer Fund, $5,000,000. (22) For Support for International Sporting Competitions, Defense, $10,000,000. B Program Matters 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 (a) Eligible categories of transportation Subsection (a) of section 2642 (1) in the matter preceding paragraph (1), by striking The Secretary Subject to subsection (b), the Secretary (2) in paragraph (3)— (A) by striking During the period beginning on October 28, 2009, and ending on October 28, 2019, for For (B) by striking of Defense military sales of Defense (C) by striking , but only if commercial transportation industry (3) by adding at the end the following new paragraphs: (4) For military transportation services provided in support of foreign military sales. (5) For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies). (6) For military transportation services provided to a Department of Defense contractor when transporting supplies that are for, or destined for, a Department of Defense entity. . (b) Termination of authority for certain categories of transportation Such section is further amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): (b) Termination of authority for certain categories of transportation The provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military transportation services provided before October 1, 2019. . (c) Clerical amendments (1) Section heading The heading of such section is amended to read as follows: 2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate . (2) Table of sections The item relating to such section in the table of sections at the beginning of chapter 157 of such title is amended to read as follows: 2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate. . 312. Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors (a) Repeal Section 9513 (b) Clerical amendment The table of sections at the beginning of chapter 931 of such title is amended by striking the item relating to section 9513. 313. Repeal of annual report on Department of Defense operation and financial support for military museums (a) In general Section 489 (b) Clerical amendment The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 489. 314. Memorial to the victims of the shooting attack at the Washington Navy Yard (a) Memorial authorized The Secretary of the Navy may establish, maintain, and repair a memorial dedicated to the victims of the shooting attack at the Washington Navy Yard, Washington, DC, that occurred on September 16, 2013. (b) Location The memorial shall become part of the Washington Navy Yard. (c) Additional funding (1) Establishment of account An account shall be established on the books of the Treasury for the purpose of managing contributions received pursuant to paragraph (2). (2) Acceptance of contributions The Secretary of the Navy may establish procedures under which the Secretary may solicit and accept monetary contributions or gifts of property for the purpose of the activities described in subsection (a) without regard to limitations contained in section 2601 (3) Deposit of contributions The Secretary of the Navy shall deposit monetary contributions accepted under paragraph (2) in the account established under paragraph (1). The funds in the account established under paragraph (1) shall be available until expended without further appropriation, but only for the purposes described in subsection (a). 315. Southern Sea Otter Military Readiness Areas (a) Establishment of the southern sea otter military readiness areas Chapter 631 7235. Establishment of the Southern Sea Otter Military Readiness Areas (a) Establishment The Secretary of the Navy shall establish areas, to be known as Southern Sea Otter Military Readiness Areas (1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates: N. Latitude/W. Longitude 33°27.8′/119°34.3′ 33°20.5′/119°15.5′ 33°13.5′/119°11.8′ 33°06.5′/119°15.3′ 33°02.8′/119°26.8′ 33°08.8′/119°46.3′ 33°17.2′/119°56.9′ 33°30.9′/119°54.2′. (2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone. (b) Activities within the southern sea otter military readiness areas (1) Incidental takings under endangered species act of 1973 Sections 4 and 9 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (2) Incidental takings under marine mammal protection act of 1972 Sections 101 and 102 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1371 (3) Treatment as species proposed to be listed For purposes of conducting a military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (c) Removal Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas be removed from the Areas. (d) Revision or termination of exceptions The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that military activities occurring in the Southern Sea Otter Military Readiness Areas are impeding the southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels. (e) Monitoring (1) In general The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the southern sea otter population and on the near-shore ecosystem. Monitoring and research parameters and methods shall be determined in consultation with the Service. (2) Reports Not later than 24 months after the date of the enactment of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1). (f) Definitions In this section: (1) Southern sea otter The term southern sea otter (2) Take The term take (A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. (3) Incidental taking The term incidental taking (4) Military readiness activity The term military readiness activity 16 U.S.C. 703 (5) Optimum sustainable population The term optimum sustainable population . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 7235. Establishment of the Southern Sea Otter Military Readiness Areas. . (c) Conforming amendment Section 1 of Public Law 99–625 16 U.S.C. 1536 316. Environmental restoration at former Naval Air Station, Chincoteague, Virginia (a) Environmental restoration project Notwithstanding the administrative jurisdiction of the Administrator of the National Aeronautics and Space Administration over the Wallops Flight Facility, Virginia, the Secretary of Defense may undertake an environmental restoration project in a manner consistent with chapter 160 (b) Interagency agreement The Secretary and the Administrator may enter into an agreement or agreements to provide for the effective and efficient performance of environmental restoration projects for purposes of subsection (a). Notwithstanding section 2215 (c) Source of Department of Defense funds Pursuant to section 2703(c) IV Military personnel authorizations A Active forces 401. End strengths for active forces The armed forces are authorized strengths for active duty personnel as of September 30, 2015, as follows: (1) The Army, 490,000. (2) The Navy, 323,600. (3) The Marine Corps, 184,100. (4) The Air Force, 310,900. B Reserve forces 411. End strengths for selected reserve (a) In general The armed forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2015, as follows: (1) The Army National Guard of the United States, 350,200. (2) The Army Reserve, 202,000. (3) The Navy Reserve, 57,300. (4) The Marine Corps Reserve, 39,200. (5) The Air National Guard of the United States, 105,000. (6) The Air Force Reserve, 67,100. (7) The Coast Guard Reserve, 7,000. (b) End strength reductions The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 412. End strengths for reserves on active duty in support of the reserves Within the end strengths prescribed in section 411(a), the reserve components of the armed forces are authorized, as of September 30, 2015, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 31,385. (2) The Army Reserve, 16,261. (3) The Navy Reserve, 9,973. (4) The Marine Corps Reserve, 2,261. (5) The Air National Guard of the United States, 14,704. (6) The Air Force Reserve, 2,830. 413. End strengths for military technicians (dual status) The minimum number of military technicians (dual status) as of the last day of fiscal year 2015 for the reserve components of the Army and the Air Force (notwithstanding section 129 (1) For the Army National Guard of the United States, 27,210. (2) For the Army Reserve, 7,895. (3) For the Air National Guard of the United States, 21,792. (4) For the Air Force Reserve, 9,789. 414. Fiscal year 2015 limitation on number of non-dual status technicians (a) Limitations (1) National guard Within the limitation provided in section 10217(c)(2) (A) For the Army National Guard of the United States, 1,600. (B) For the Air National Guard of the United States, 350. (2) Army reserve The number of non-dual status technicians employed by the Army Reserve as of September 30, 2015, may not exceed the number in effect for the Army Reserve under section 10217(c)(1) of title 10, United States Code. (3) Air force reserve The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2015, may not exceed 90. (b) Non-Dual status technicians defined In this section, the term non-dual status technician section 10217(a) 415. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2015, the maximum number of members of the reserve components of the armed forces who may be serving at any time on full-time operational support duty under section 115(b) (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. 416. Management of military technicians (a) Designation of non-Dual status technician positions Subsection (a) of section 10217 (1) in paragraph (1), by striking a technician an employee of the Department of Defense (2) by striking or (3) by striking the period at the end of paragraph (3) and inserting ; or (4) by adding at the end the following new paragraph: (4) is serving in the Army Reserve in a position designated by the Secretary of the Army to be filled by a non-dual status technician. . (b) Revised limitation on number of army reserve technicians Subsection (c)(1) of such section is amended— (1) by inserting (A) (1) (2) by designating the second sentence as subparagraph (C); (3) by inserting after subparagraph (A), as designated by paragraph (1), the following new subparagraph: (B) The total number of non-dual status technicians employed by the Army Reserve may not exceed 60 percent of the total number of military technicians employed by the Army Reserve. ; and (4) in subparagraph (C), as designated by paragraph (2), by striking the preceding sentence subparagraph (A) or subparagraph (B), as the case may be (c) Loss of status as a military technician (Dual Status) Section 10218(a)(3) of such title is amended— (1) in subparagraph (A)(ii)— (A) by inserting military not a (B) by inserting (dual status) technician (2) in subparagraph (B), by inserting in a position designated for military technician (dual status) non-dual status technician C Authorization of appropriations 421. Military personnel (a) Authorization of appropriations There is hereby authorized to be appropriated for military personnel for fiscal year 2015 a total of $128,957,593,000. (b) Construction of authorization The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2015. V Military personnel policy A Officer personnel policy generally 501. Repeal of requirement for submission to Congress of annual reports on joint officer management and promotion policy objectives for joint officers (a) Repeal of annual reports (1) Joint officer management Section 667 (2) Promotion policy objectives for joint officers Section 662 of such title is amended— (A) by striking (a) Qualifications.— (B) by striking subsection (b). (b) Clerical amendment The table of sections at the beginning of chapter 38 of such title is amended by striking the item relating to section 667. 502. Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties Section 581(d) (1) by redesignating paragraph (2) as paragraph (3); (2) by designating the second sentence of paragraph (1) as paragraph (2); and (3) in paragraph (2), as so designated— (A) by striking the list shall include each the list shall include— (A) the name of each ; (B) by striking the period at the end and inserting ; or (C) by adding at the end the following new subparagraph: (B) with respect to a group of warrant officers designated under subparagraph (A) who are in a particular grade and competitive category, only those warrant officers in that grade and competitive category who are also in a particular year group or specialty, or any combination thereof determined by the Secretary. . 503. Authority for three-month deferral of retirement for officers selected for selective early retirement (a) Warrant officers Section 581(e) (1) by striking 90 days three months (2) by inserting after the first sentence the following new sentence: An officer recommended for early retirement under this section, if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. (b) Officers on the active-Duty list Section 638(b) of such title is amended— (1) in paragraph (1), by inserting before the period at the end of subparagraph (B) the following: , with such retirement under that section to be not later than the first day of the month beginning after the month in which the officer becomes qualified for retirement under that section, or on the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement, whichever is later (2) in paragraph (3)— (A) by striking 90 days three months (B) by inserting after the first sentence the following new sentences: An officer recommended for early retirement under subparagraph (b)(1)(A) or under section 638a of this title, if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. The Secretary concerned may defer the retirement of an officer otherwise approved for early retirement under subparagraph (b)(1)(B), but in no case later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. An officer recommended for early retirement under subparagraph (b)(2), if approved for deferral, shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the thirteenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. B Reserve Component Management 511. Reconciliation of contradictory provisions relating to citizenship qualifications for enlistment in the reserve components of the armed forces Paragraphs (1) and (2) of section 12102(b) (1) that person has met the citizenship or residency requirements established in section 504(b)(1) of this title; or (2) that person is authorized to enlist by the Secretary concerned under section 504(b)(2) of this title. . 512. Repeal of requirement for membership in specific unit of the selected reserve as a condition of employment as a military technician (dual status) (a) Repeal of unit membership requirement Section 10216 (b) Conforming amendment Subsection (g) of such section is amended by striking subsection (d) of this section or 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 (a) Retention of certain first lieutenants and lieutenants (junior grade) following nonselection for promotion Subsection (a)(1) of section 14701 (1) by inserting (A) (1) (2) by striking A reserve office of A reserve officer of the Army, Navy, Air Force, or Marine Corps described in subparagraph (B) who is required to be removed from the reserve active-status list under section 14504 of this title, or a reserve officer of (3) by inserting a comma after 14507 of this title (4) by adding at the end the following new subparagraph: (B) A reserve officer described in this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), who— (i) is a health professions officer; or (ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree. . (b) Retention of health professions officers Such section is further amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): (b) Continuation of health professions officers (1) Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under section 16201 of this title who is required to be removed from the reserve active-status list under section 14504, 14505, 14506, or 14507 of this title and who has not completed a service obligation incurred under section 16201 shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, unless sooner retired or discharged under another provision of law. (2) The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the service obligation of that officer is not in the best interest of the service. (3) A health professions officer who is continued on the reserve active-status list under this subsection who is subsequently promoted or whose name is on a list of officers recommended for promotion to the next higher grade is not required to be discharged or retired upon completion of the officer’s service obligation. Such officer may continue on the reserve active-status list as other officers of the same grade unless separated under another provision of law. . C Member education and training 521. Inter-European Air Forces Academy (a) In general Chapter 907 section 9415 9416. Inter-European Air Forces Academy (a) Operation The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-European Air Forces Academy for the purpose of providing military education and training to military personnel of countries that are members of the North Atlantic Treaty Organization or signatories to the Partnership for Peace Framework Documents, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2347 et seq. (b) Eligible countries (1) No foreign force may be trained under the authority of this section without the concurrence of the Secretary of State. (2) The Secretary of the Air Force may not use the authority in subsection (a) to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. (c) Costs The costs of operating and maintaining the Inter-European Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force. (d) Supplies and clothing The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this chapter— (1) transportation incident to the training; (2) supplies and equipment to be used during the training; and (3) billeting, food, and health services. (e) Living allowance The Secretary of the Air Force may pay to a person receiving training under this chapter a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances. (f) Maintenance The Secretary of the Air Force may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this chapter. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9415 the following new item: 9416. Inter-European Air Forces Academy. . 522. Authority for Joint Special Operations University to award degrees (a) In general Chapter 108 section 2163 2163a. Degree granting authority for Joint Special Operations University (a) Authority Under regulations prescribed by the Secretary of Defense, the President of the Joint Special Operations University may, upon the recommendation of the faculty of the Joint Special Operations University, confer appropriate degrees upon graduates who meet the degree requirements. (b) Limitation A degree may not be conferred under this section unless— (1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and (2) the Joint Special Operations University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2163 the following new item: 2163a. Degree granting authority for Joint Special Operations University. . 523. Duration of foreign and cultural exchange activities at military service academies (a) Military academy Section 4345a(a) two weeks four weeks (b) Naval academy Section 6957b(a) of such title is amended by striking two weeks four weeks (c) Air force academy Section 9345a(a) of such title is amended by striking two weeks four weeks 524. Enhancement of authority to accept support for Air Force Academy athletic programs Section 9362 (e) Acceptance of support (1) Support received from the corporation Notwithstanding section 1342 (2) Funds received from other sources The Secretary may charge fees for the support of the athletic programs of the Academy. The Secretary may accept and retain fees for services and other benefits provided incident to the operation of its athletic programs, including fees from the National Collegiate Athletic Association, fees from athletic conferences, game guarantees from other educational institutions, fees for ticketing or licensing, and other consideration provided incidental to the execution of the athletic programs of the Academy. (3) Limitation The Secretary shall ensure that contributions accepted under this subsection do not reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program. (f) Leases and licenses (1) The Secretary may, in accordance with section 2667 (2) The Secretary may provide support services to the corporation without charge while the corporation conducts its support activities at the Academy. In this section, the term support services (g) Contracts and cooperative agreements The Secretary may enter into contracts and cooperative agreements with the corporation for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 2304(k) section 2304(c)(5) (h) Trademarks and service marks (1) Licensing, marketing, and sponsorship agreements An agreement under subsection (g) may, consistent with section 2260 (other than subsection (d)) of this title, authorize the corporation to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary. (2) Limitations No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program. (i) Retention and use of funds Any funds received under this section may be retained for use in support of the athletic programs of the Academy and shall remain available until expended. . D Defense dependents’ education and military family readiness matters 531. Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse Subsection (d)(4) of section 1059 as of the date on which the individual described in subsection (b) is separated from active duty as of the date on which the separation action is initiated by a commander of the individual described in subsection (b) 532. Authority to employ non-United States citizens as teachers in Department of Defense Overseas Dependents’ School System Section 2(2)(A) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)(A)) is amended by inserting or a local national who teaches a host nation language course who is a citizen of the United States 533. Expansion of the function of the advisory council on dependents’ education to include the domestic dependent elementary and secondary schools (a) Expansion of functions Subsection (c) of section 1411 of the Defense Dependents’ Education Act of 1978 ( 20 U.S.C. 929 (1) in paragraph (1), by inserting , and of the domestic dependent elementary and secondary school system established under section 2164 of title 10, United States Code, of the defense dependents’ education system (2) in paragraph (2), by inserting and in the domestic dependent elementary and secondary school system (b) Membership of council Subsection (a)(1)(B) of such section is amended— (1) by inserting and the domestic dependent elementary and secondary schools established under section 2164 of title 10, United States Code the defense dependents’ education system (2) by inserting either such system E Other matters 541. Procedures for judicial review of military personnel decisions relating to correction of military records (a) Availability of judicial review; limitations (1) In general Chapter 79 1560. Judicial review of decisions relating to correction of military records (a) Availability of judicial review (1) In general Pursuant to sections 1346 1491 chapter 7 (2) Records correction final decision defined In this section, the term records correction final decision (A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title. (B) A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(g) of this title. (C) A final decision issued by the Secretary of Defense pursuant to section 1034(h) of this title. (D) A final decision issued by the Secretary concerned pursuant to section 1554a of this title. (b) Exhaustion of administrative remedies (1) General rule Except as provided in paragraphs (3) and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless— (A) the petitioner has requested a correction under sections 1552 or 1554a of this title (including such a request in a matter arising under section 1034 of this title); and (B) the Secretary concerned has rendered a final decision denying that correction in whole or in part. (2) Whistleblower cases When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(h) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the earlier of the following occurs: (A) The Secretary of Defense makes a decision in the matter. (B) The period specified in section 1034(h) of this title for the Secretary to make a decision in the matter expires. (3) Class actions If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified. (4) Timeliness Paragraph (1) shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction. (c) Statutes of limitation (1) Six years from final decision A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision. (2) Six years for certain claims that may result in payment of money (A) In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision. (B) Subparagraph (A) applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money either under a court order or under a subsequent administrative determination, other than payments made under— (i) chapter 61 of this title to a claimant who prior to such records correction final decision, was not the subject of a decision by a physical evaluation board or by any other board authorized to grant disability payments to the claimant; or (ii) chapter 73 of this title. (d) Habeas corpus This section does not affect any cause of action arising under chapter 153 . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1560. Judicial review of decisions. . (b) Effect of denial of request for correction of records when prohibited personnel action alleged (1) Notice of denial; procedures for judicial review Subsection (g) of section 1034 of such title is amended by adding at the end the following new paragraph: (7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member— (A) a concise written statement of the basis for the decision; and (B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. . (2) Secretary of Defense review; notice of denial Subsection (h) of such section is amended— (A) by inserting (1) Upon the completion of all (B) by adding at the end the following new paragraph: (2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member— (A) a concise written statement of the basis for the decision; and (B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. . (3) Sole basis for judicial review Such section is further amended— (A) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (B) by inserting after subsection (h) the following new subsection (i): (i) Judicial review (1) A decision of the Secretary of Defense under subsection (h) shall be subject to judicial review only as provided in section 1560 of this title. (2) In a case in which review by the Secretary of Defense under subsection (h) was not sought, a decision of the Secretary of a military department under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title. (3) A decision by the Secretary of Homeland Security under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title. . (c) Effect of denial of other requests for correction of military records Section 1552 of such title is amended by adding at the end the following new subsections: (h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant— (1) a concise written statement of the basis for the decision; and (2) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. (i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title. . (d) Judicial review of corrections recommended by the physical disability board of review Section 1554a of such title is amended— (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsections (f) and (g): (f) Record of decision and notification In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary shall provide to the member or former member— (1) a concise written statement of the basis for the decision; and (2) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations. (g) Judicial review A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title. . (e) Effective date and application (1) In general The amendments made by this section shall take effect on January 1, 2016, and shall apply to all final decisions of the Secretary of Defense under section 1034(h) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(g), 1552 or 1554a of such title rendered on or after such date. (2) Treatment of existing cases This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in paragraph (1). (f) Implementation The Secretary of a military department and the Secretary of Homeland Security (in the case of the Coast Guard when it is not operating as a service in the Department of the Navy) may prescribe regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. Regulations or interim guidance prescribed by the Secretary of a military department may not take effect until approved by the Secretary of Defense. 542. Enhanced role for Department of Justice under Military Lending Act (a) Enforcement by the Attorney General Subsection (f) of section 987 (7) Enforcement by the attorney general (A) In general The Attorney General may commence a civil action in any appropriate district court of the United States against any person who— (i) engages in a pattern or practice of violating this section; or (ii) engages in a violation of this section that raises an issue of general public importance. (B) Relief In a civil action commenced under subparagraph (A), the court— (i) may grant any appropriate equitable or declaratory relief with respect to the violation of this section; (ii) may award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and (iii) may, to vindicate the public interest, assess a civil penalty— (I) in an amount not exceeding $110,000 for a first violation; and (II) in an amount not exceeding $220,000 for any subsequent violation. (C) Intervention Upon timely application, a person aggrieved by a violation of this section with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under paragraph (5) with respect to that violation, along with costs and a reasonable attorney fee. (D) Issuance and service of civil investigative demands Whenever the Attorney General, or a designee, has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this section, the Attorney General, or a designee, may, before commencing a civil action under subparagraph (A), issue in writing and cause to be served upon such person, a civil investigative demand requiring— (i) the production of such documentary material for inspection and copying; (ii) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or (iii) the production of any combination of such documentary material or answers. (E) Relationship to false claims act The statutory provisions governing the authority to issue, use, and enforce civil investigative demands under section 3733 False Claims Act (i) any reference in that section to false claims law investigators or investigations shall be applied for purposes of subparagraph (D) as referring to investigators or investigations under this section; (ii) any reference in that section to interrogatories shall be applied for purposes of subparagraph (D) as referring to written questions and answers to such need not be under oath; (iii) the statutory definitions for purposes of that section relating to false claims law (iv) provisions of that section relating to qui tam relators shall not apply. . (b) Consultation with Department of Justice Subsection (h)(3) of such section is amended by adding at the end the following new subparagraph: (H) The Department of Justice. . 543. Enforcement of rights under chapter 43 (a) Action for relief (1) Initiation of actions Paragraph (1) of subsection (a) of section 4323 If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may commence an action for relief under this chapter. The person on whose behalf the complaint is referred may, upon timely application, intervene in such action and may obtain such appropriate relief as provided in subsections (d) and (e). (2) Attorney general notice to servicemember of decision Paragraph (2) of such subsection is amended to read as follows: (2) (A) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted— (i) if the Attorney General has made a decision about whether the United States will commence an action for relief under paragraph (1) relating to the complaint of the person, notice of the decision; and (ii) if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision. (B) If the Attorney General notifies a person of when the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision. . (3) Pattern or practice cases Such subsection is further amended— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) (as amended by paragraph (2) of this subsection) the following new paragraph (3): (3) Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights or benefits secured by this chapter, the Attorney General may commence an action under this chapter. . (4) Actions by private persons Subparagraph (C) of paragraph (4) of such subsection, as redesignated by paragraph (3)(A), is amended by striking refused notified by the Department of Justice that the Attorney General does not intend to bring a civil action. (b) Sovereign immunity Paragraph (2) of subsection (b) of section 4323 (2) (A) In the case of an action against a State (as an employer), any instrumentality of a State, or any officer or employee of a State or instrumentality of a State acting in that officer or employee’s official capacity, by any person, the action may be brought in the appropriate district court of the United States or in a State court of competent jurisdiction, and the State, instrumentality of the State, or officer or employee of the State or instrumentality acting in that officer or employee’s official capacity shall not be immune under the Eleventh Amendment of the Constitution, or under any other doctrine of sovereign immunity, from such action. (B) (i) No State, instrumentality of such State, or officer or employee of such State or instrumentality of such State, acting in that officer or employee’s official capacity, that receives or uses Federal financial assistance for a program or activity shall be immune, under the Eleventh Amendment of the Constitution or under any other doctrine of sovereign immunity, from suit in Federal or State court by any person for any violation under this chapter related to such program or activity. (ii) In an action against a State brought pursuant to subsection (a), a court may award the remedies (including remedies both at law and in equity) that are available under subsections (d) and (e). . (c) Venue for cases against private employers Subsection (c)(2) of such section is amended by striking United States district court for any district in which the private employer of the person maintains a place of business. United States district court for— (A) any district in which the employer maintains a place of business; (B) any district in which a substantial part of the events or omissions giving rise to the claim occurred; or (C) if there is no district in which an action may otherwise be brought as provided in subparagraph (A) or (B), any district in which the employer is subject to the court’s personal jurisdiction with respect to such action. . (d) Compensatory and punitive damages Subsection (d)(1) of such section is amended by striking subparagraph (C) and inserting the following new subparagraphs: (C) The court may require the employer to pay the person compensatory damages suffered by reason of such employer’s failure to comply with the provisions of this chapter. (D) The court may require the employer (other than a government, government agency, or political subdivision) to pay the person punitive damages if the court determines that the employer failed to comply with the provisions of this chapter with reckless indifference to the federally protected rights of the person. (E) The sum of the amount of compensatory damages awarded under this section and the amount of punitive damages awarded under this section, may not exceed, for each person the following: (i) In the case of an employer who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000. (ii) In the case of an employer who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000. (iii) In the case of an employer who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000. (iv) In the case of an employer who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000. . (e) Standing Subsection (f) of such section is amended— (1) by inserting by the United States or may be initiated only (2) by striking or by the United States under subsection (a)(1) (f) Attorney fees and other litigation expenses Subsection (h)(2) of such section is amended by striking subsection (a)(2) subsection (a)(1) or subsection (a)(4) (g) Pension contribution calculations Subsection (b) of section 4318 (1) in paragraph (3)(B), by striking on the basis of on the basis specified in paragraph (4). (2) by adding at the end the following new paragraph: (4) The basis for a computation under paragraph (3) to which subparagraph (B) of that paragraph applies is as follows: (A) If the period of service described in subsection (a)(2)(B) is one year or less, the computation shall be made on the basis of the employee’s average rate of compensation during the 12-month period immediately preceding such period or, if shorter, the period of employment immediately preceding such period. (B) If the period of such service is more than one year, the computation shall be made on the basis of the average rate of compensation during such period of service of employees of that employer who are similarly situated to the servicemember in terms of having similar seniority, status, and pay. . (h) Disability discovered after employee resumes employment Subsection (a)(3) of section 4313 including a disability that is brought to the employer’s attention within five years after the person resumes employment, during, such service, (i) Burden of identifying proper reemployment positions Section 4313 of such title is further amended by adding at the end the following new subsection: (c) For purposes of this section, the employer shall have the burden of identifying the appropriate reemployment positions. . (j) Civil investigative demands Section 4323 of such title is further amended by adding at the end the following new subsection: (j) Issuance and service of civil investigative demands by attorney general (1) Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this chapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and cause to be served upon such person, a civil investigative demand requiring— (A) the production of such documentary material for inspection and copying; (B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or (C) the production of any combination of such documentary material or answers. (2) The provisions governing the authority to issue, use, and enforce civil investigative demands under section 3733 False Claims Act (A) a reference in that section to false claims law investigators or investigations shall be applied as referring to investigators or investigations under this chapter; (B) a reference to interrogatories shall be applied as referring to written questions, and answers to such need not be under oath; (C) the statutory definitions for purposes of that section relating to false claims law (D) provisions of that section relating to qui tam relators shall not apply. . 544. Modification of criteria for eligibility for naturalization through service in the armed forces Section 328(a) of the Immigration and Nationality Act ( 8 U.S.C. 1439(a) (1) by inserting (1) (a) (2) by adding at the end the following new paragraph: (2) (A) In addition to the authorities provided in paragraph (1), a qualifying noncitizen United States veteran may be naturalized without having been lawfully admitted to the United States for permanent residence if the person’s application for naturalization is filed while the applicant is serving in the armed forces of the United States or within six months after the termination of such service. (B) For purposes of subparagraph (A), a qualifying noncitizen United States veteran is a person— (i) who has served in the armed forces of the United States as described in subparagraph (C); and (ii) whose enlistment in the armed forces— (I) was lawful under section 504(b) (II) was not procured by a knowingly false representation or by deliberate concealment as to the person’s qualifications for that enlistment. (C) A person’s service in the armed forces of the United States is described in this subparagraph if— (i) the person served honorably in the armed forces for a period or periods aggregating one year, any part of which was served after the date of the enactment of this paragraph; and (ii) in the case of a person who has been separated from such service, the person was never separated except under honorable conditions. . VI COMPENSATION AND OTHER PERSONNEL BENEFITS A Pay and Allowances 601. Fiscal year 2015 increase in military basic pay (a) Waiver of Section 1009 adjustment The adjustment to become effective during fiscal year 2015 required by section 1009 (b) Increase in basic pay Effective on January 1, 2015, the rates of monthly basic pay for members of the uniformed services are increased by 1 percent for enlisted member pay grades, warrant officer pay grades, and commissioned officer pay grades below pay grade O–7. (c) Application of Executive Schedule Level II ceiling on payable rates for general and flag officers Section 203(a)(2) 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 (a) Basic pay rate equal treatment of Chief of the National Guard Bureau and Senior Enlisted Advisor to the Chief of the National Guard Bureau (1) Chief of the National Guard Bureau The rate of basic pay for an officer while serving as the Chief of the National Guard Bureau shall be the same as the rate of basic pay for the officers specified in Footnote 2 of the table entitled commissioned officers 37 U.S.C. 1009 section 205 (2) Senior Enlisted Advisor to the Chief of the National Guard Bureau (A) Subsection (a)(1) of section 685 of the National Defense Authorization Act for Fiscal Year 2006 (37 U.S.C. 205 note) is amended by inserting or as Senior Enlisted Advisor to the Chief of the National Guard Bureau Chairman of the Joint Chiefs of Staff (B) The heading of such section is amended by inserting and for the chief of the national guard bureau chairman of the joint chiefs of staff (C) The amendment made by subparagraph (A) shall apply to the individual who on the date of the enactment of this Act is serving as Senior Enlisted Advisor to the Chief of the National Guard Bureau effective as of the date on which the assignment of that individual to that position began. (b) Pay during terminal leave and while hospitalized Section 210 (1) in subsection (a), by inserting or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau that armed force (2) in subsection (c), by striking paragraph (6). (c) Personal money allowance Section 414 (1) in subsection (a)(5)— (A) by striking or Commandant of the Coast Guard (B) by inserting , or Chief of the National Guard Bureau Commandant of the Coast Guard (2) in subsection (c)— (A) by striking or the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff (B) by inserting , or the Senior Enlisted Advisor to the Chief of the National Guard Bureau Chiefs of Staff (d) Retired base pay Section 1406(i) (1) in the subsection heading, by inserting chief of the national guard bureau, chiefs of service, (2) in paragraph (1)— (A) by inserting the Chief of the National Guard Bureau, Chief of Service, (B) by inserting or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau of an armed force (3) in paragraph (3), by striking clause (vi) of subparagraph (B). 603. Revision to method of computation of basic allowance for housing Paragraph (3) of section 403(b) (3) (A) The monthly amount of the basic allowance for housing for an area of the United States for a member of a uniformed service shall be the amount equal to the difference between— (i) the amount of the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member; and (ii) the amount equal to a specified percentage (determined under subparagraph (B)) of the national average monthly cost of adequate housing in the United States, as determined by the Secretary, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member. (B) The percentage to be used for purposes of subparagraph (A)(ii) shall be determined by the Secretary of Defense and may not exceed 5 percent. . B Bonuses and Special and Incentive Pays 611. One-year extension of certain expiring bonus and special pay authorities (a) Authorities relating to Reserve Forces The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”: (1) Section 308b(g), relating to Selected Reserve reenlistment bonus. (2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus. (3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units. (4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service. (5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service. (6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service. (7) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. (b) Title 10 authorities relating to health care professionals The following sections of title 10, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Title 37 authorities relating to health care professionals The following sections of title 37, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 302c–1(f), relating to accession and retention bonuses for psychologists. (2) Section 302d(a)(1), relating to accession bonus for registered nurses. (3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists. (4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties. (5) Section 302h(a)(1), relating to accession bonus for dental officers. (6) Section 302j(a), relating to accession bonus for pharmacy officers. (7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties. (8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties. (d) Authorities relating to nuclear officers The following sections of title 37, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service. (2) Section 312b(c), relating to nuclear career accession bonus. (3) Section 312c(d), relating to nuclear career annual incentive bonus. (e) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities The following sections of title 37, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers. (4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (5) Section 335(k), relating to bonus and incentive pay authorities for officers in health professions. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (f) Other title 37 bonus and special pay authorities The following sections of title 37, United States Code, are amended by striking December 31, 2014 December 31, 2015 (1) Section 301b(a), relating to aviation officer retention bonus. (2) Section 307a(g), relating to assignment incentive pay. (3) Section 308(g), relating to reenlistment bonus for active members. (4) Section 309(e), relating to enlistment bonus. (5) Section 324(g), relating to accession bonus for new officers in critical skills. (6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage. (7) Section 327(h), relating to incentive bonus for transfer between the armed forces. (8) Section 330(f), relating to accession bonus for officer candidates. (9) Section 403(b)(7)(E), relating to basic allowance for housing. C Travel and Transportation Allowances 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 (a) Authority Subsection (e) of section 5911 (1) by striking The head (1) Except as provided in paragraph (2), the head (2) by adding at the end the following new paragraph: (2) (A) The Secretary of Defense may require an employee of the Department of Defense or a member of the uniformed services under the Secretary’s jurisdiction performing duty on official travel to occupy adequate quarters on a rental basis when available. (B) A requirement under subparagraph (A) with respect to an employee of the Department of Defense may not be construed to be subject to negotiation under chapter 71 of this title. . (b) Definition of quarters Subsection (a)(5) of such section is amended by inserting or commercial lodging arranged through a Government lodging program leased by the Government 622. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services (a) Incorporation of IRS rate as single standard mileage rate applicable to automobiles Section 5704(a)(1) established by the Administrator shall not exceed shall be (b) Establishment of mileage reimbursement rates (1) Elimination of automobiles from periodic investigations of cost of travel Paragraph (1)(A) of section 5707(b) (A) by striking , in consultation with the Secretary of Transportation, the Secretary of Defense, and representatives of organizations of employees of the Government, (B) by striking vehicles to airplanes and privately owned motorcycles by (2) Reimbursement rate for automobiles Paragraph (2)(A)(i) of such section is amended by striking prescribe a mileage reimbursement rate which reflects the current costs as determined by the Administrator of operating privately owned automobiles, and which shall not exceed, provide that the mileage reimbursement rate for privately owned automobiles, VII HEALTHCARE PROVISIONS A TRICARE and Other Health Care Benefits 701. Consolidated TRICARE health plan (a) Freedom of choice for TRICARE points of service Chapter 55 section 1073b 1073c. TRICARE program: freedom of choice for points of service (a) Freedom of choice A covered beneficiary may choose to receive care from any of the points of service specified in subsection (b), subject to availability. (b) Points of service The TRICARE program has three points of service through which medical and dental care and health benefits are provided, as follows: (1) Facilities of the uniformed services. (2) Entities with which the Secretary of Defense has contracted for the delivery of health care under this chapter. (3) Entities other than those described in paragraphs (1) and (2). . (b) TRICARE cost-Sharing requirements Such chapter is further amended by inserting after section 1074m the following new section: 1075. TRICARE program: cost-sharing requirements (a) In general This section establishes cost-sharing requirements for beneficiaries under the TRICARE program. (b) Beneficiaries for cost-Sharing purposes (1) Beneficiary categories The beneficiary categories for purposes of cost-sharing requirements under the TRICARE program are as follows: (A) Category 1: Active-duty members Category 1 consists of beneficiaries who are covered by section 1074(a) (B) Category 2: Members of the selected reserve; Dependents of active-duty members Category 2 consists of beneficiaries who are covered by section 1076d 1079 (C) Category 3: Disability retirees & family members; family members of persons dying on active duty Category 3 consists of beneficiaries (other than Category 5 beneficiaries) who are— (i) covered by section 1086(c)(1) (ii) covered by section 1086(c)(2) (D) Category 4: Other retirees & family members Category 4 consists of beneficiaries covered by section 1086(c) (E) Category 5: Medicare-eligible beneficiaries Category 5 consists of beneficiaries who are described in section 1086(d)(2) (2) Junior enlisted beneficiaries A beneficiary is a junior enlisted beneficiary if the beneficiary is— (A) a Category 2 beneficiary who is a dependent of a member in pay grade E–1 through E–4; (B) a Category 2 beneficiary who is a member of the Selected Reserve of the Ready Reserve in pay grade E–1 through E–4; (C) a Category 3 beneficiary who retired under chapter 61 (D) a Category 3 beneficiary who is covered by section 1086(c)(2) (c) Inapplicability of cost-Sharing requirements to certain beneficiaries and categories of care (1) Category 1 beneficiaries There are no cost-sharing requirements under this section for Category 1 beneficiaries. (2) Category 5 beneficiaries Cost sharing under this section does not apply to a Category 5 beneficiary for care covered by section 1086(d)(3) (3) Extended health-care services Cost sharing under this section does not apply to extended health care services under section 1079(d) and (e) of this title. (4) Other programs This section does not apply to premiums established under this chapter under sections other than 1079 and 1086. For a program under this chapter for which such a premium applies, the enrollment fee under subsection (e) does not apply. (d) Special rules (1) Pharmacy Benefits Program Required copayments for services under the Pharmacy Benefits Program are set forth in section 1074g of this title. The enrollment fee, deductible, and catastrophic cap under this section apply to the Pharmacy Benefits Program under that section. (2) Calendar year enrollment period Enrollment fees, deductible amounts, and catastrophic caps under this section are on a calendar-year basis. (3) Crediting of amounts received Amounts received under this section for care provided by a facility of the uniformed services shall be deposited to the credit of the appropriation supporting the maintenance and operation of that facility. (e) Annual enrollment fee for Category 4 beneficiaries (1) Requirement As a condition of eligibility for the TRICARE program in any year (including care in facilities of the uniformed services and pharmacy benefits under section 1074g of this title), a Category 4 beneficiary shall pay an enrollment fee for that year. (2) Amount The amount of such fee for any year is the baseline amount as adjusted under subsection (j). The baseline amount is the amount that would have been charged for enrollment in TRICARE Prime during fiscal year 2016 under section 1097 (f) Annual deductible (1) Requirement For a Category 2, 3, or 4 beneficiary, the cost-sharing requirements applicable under this section include an annual deductible of the charges for care received under the TRICARE program during a year. (2) Exclusion Any charge paid with respect to care provided in a facility of the uniformed services shall not be applied to the annual deductible. (3) Amount The amount of the annual deductible for a beneficiary is the following: (A) $150 per person, with a maximum of $300 per family group of two or more persons, for a junior enlisted beneficiary. (B) $300 per person, with a maximum of $600 per family group of two or more persons, for all other beneficiaries subject to this subsection. (g) Catastrophic cap (1) Requirement The total amount of cost sharing required to be paid by a beneficiary under the TRICARE program for a year is limited to a maximum amount, referred to as a catastrophic cap. (2) Exclusion An enrollment fee paid under subsection (e) shall not be counted toward the catastrophic cap. (3) Amount The catastrophic cap has been reached for a beneficiary during a year if the total amount of cost sharing requirements (other than an enrollment fee paid under subsection (e)) incurred under the TRICARE program by all beneficiaries in the beneficiary’s family group during that year is the following: (A) For a Category 2 or 3 beneficiary, $1,500 for health care provided by network providers or $2,500 for all health care. (B) For a Category 4 beneficiary, $3,000 for health care provided by military treatment facilities and network providers or $5,000 for all health care. (h) Outpatient cost sharing (1) In general A Category 2, 3, or 4 beneficiary shall be subject to cost-sharing for outpatient care in accordance with the amounts and percentages under the following table, as such amounts are adjusted under subsection (j): Services TRICARE Network Providers and Out-of-Network Junior Category Category Category Category a b Clinical preventive services a $0 $0 $0 $0 $0 Primary care visit $0 FUS visit; $0 FUS visit; $10 FUS visit; 20% b 25% b Specialty care visit (including PT, OT, speech) $0 FUS visit or network behavioral health group visit; $0 FUS visit or network behavioral health group visit; $20 FUS visit or network behavioral health group visit; 20% b 25% b Urgent care center $0 FUS visit; $0 FUS visit; $30 FUS visit; 20% b 25% b Emergency department $0 FUS visit; $0 FUS visit; $50 FUS 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; $0 FUS; $50 FUS; 20% b 25% b (2) Special rule for Category 2 beneficiaries in remote locations In the case of a Category 2 beneficiary who resides with the active-duty member from whom such beneficiary’s eligibility is derived at a duty location remote from an area in which services are provided by a network provider, network cost sharing amounts under the table in paragraph (2) apply, notwithstanding that care was provided by an out-of-network provider. (i) Inpatient cost sharing A Category 2, 3, or 4 beneficiary shall be subject to cost sharing for inpatient care in accordance with the amounts and percentages under the following table, as such amounts are adjusted under subsection (j): Services TRICARE Network Providers and Out-of-Network Junior Category Category Junior Category Category a b Hospitalization $17.35 FUS per day; $17.35 FUS per day; $17.35 FUS per day; 20% a 20% a 25% a Inpatient skilled nursing/rehabilitation b $17 network per day $25 network per day $25 per day $25 per day $35 per day $250 per day or 20% a plus (j) Annual adjustment to certain cost-Sharing amounts (1) Adjustment For any year after 2016, the dollar amounts specified in paragraph (2) shall be equal to such dollar amounts increased by the percentage by which retired pay has been increased under section 1401a(b)(2) (2) Amounts subject to adjustment Paragraph (1) applies to the following: (A) The amount of the enrollment fee in effect under subsection (e). (B) Each deductible amount in effect under subsection (f). (C) Each catastrophic cap amount in effect under subsection (g). (D) Each amount in effect under subsection (h) for outpatient care. (E) Each amount in effect under subsection (i) for inpatient care. (k) Regulations (1) In general The Secretary of Defense, after consultation with the other administering Secretaries, shall prescribe regulations to carry out this section. (2) Matters to be included The regulations prescribed under paragraph (1) shall include the following: (A) Provisions to ensure, to the extent practicable, the availability of network providers to at least 85 percent of beneficiaries for whom the TRICARE program provides primary health benefits. (B) Provisions for an annual open season enrollment period and for enrollment modifications under appropriate circumstances. (C) Priorities for access to care in facilities of the uniformed services and other standards to ensure timely access to care. (3) Additional matters Those regulations may provide for TRICARE eligibility and alternate cost sharing for beneficiaries who are Category 2, 3, 4, or 5 beneficiaries who have other health insurance that provides primary health benefits. (4) Authority for additional provisions for effective and efficient administration Those regulations may include such other provisions as the Secretary determines appropriate for the effective and efficient administration of the TRICARE program, including any matter not specifically addressed in this chapter or any other law. (l) Definitions In this section: (1) The term network provider section 1073c(b)(2) (2) The term out-of-network provider section 1073c(b)(3) . (c) Transition rules for last quarter of calendar year 2015 With respect to cost sharing requirements applicable under sections 1079, 1086, or 1097 of title 10, United States Code, to a covered beneficiary under such sections during the period October 1, 2015, through December 31, 2015: (1) Any enrollment fee shall be one-fourth of the amount in effect during fiscal year 2015. (2) Any deductible amount applicable during fiscal year 2015 shall apply for the 15-month period of October 1, 2014, through December 31, 2015. (3) Any catastrophic cap applicable during fiscal year 2015 shall apply for the 15-month period of October 1, 2014, through December 31, 2015. (d) Repeal of superseded authorities The following provisions of law are repealed: (1) Section 1078 (2) Section 1097a (3) Section 1099 (4) Section 731 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 (e) Conforming amendments to Title 10, United States Code Title 10, United States Code is amended as follows: (1) Section 1072 (7) The term TRICARE program . (2) Section 1074(c)(2) the managed care option of the TRICARE program known as TRICARE Prime the TRICARE program (3) Section 1076d TRICARE Standard TRICARE Reserve Select (4) Section 1076e TRICARE Standard TRICARE Retired Reserve (5) Section 1076e is further amended by striking TRICARE Retired Reserve Coverage at age 60 TRICARE coverage at age 60 (6) Section 1079 (A) in subsection (b), by striking “of the following amounts:” and all that follows and inserting “of amounts as provided under section 1075 (B) by striking subsections (c), (g) and (p). (7) Section 1079a (A) by striking CHAMPUS TRICARE program (B) by striking the Civilian Health and Medical Program of the Uniformed Services the TRICARE program (8) Section 1086(b) contain the following include provisions for payment by the patient as provided under section 1075 (9) Section 1097(e) (e) Charges for health care Section 1075 . (f) Other conforming amendments (1) Section 721 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 (A) in paragraph (7), by striking the health plan known as the TRICARE PRIME (B) in paragraph (9), by striking all that follows The term TRICARE program has the meaning given that term in section 1072(7) (2) Section 723(a) of such Act ( Public Law 104–201 10 U.S.C. 1073 section 731 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 section 1075 of title 10, United States Code (3) Section 706 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 (A) in subsection (c), by striking Prime Remote (B) in subsection (d), by striking the TRICARE Standard plan the TRICARE program (g) Clerical amendments The table of sections at the beginning of chapter 55 (1) by inserting after the item relating to section 1073b the following new item: 1073c. TRICARE program; freedom of choice for points of service. ; (2) by inserting after the item relating to section 1074m the following new item: 1075. TRICARE program; cost-sharing requirements. ; (3) in the item relating to section 1076d, by striking TRICARE Standard TRICARE Reserve Select (4) in the item relating to section 1076e, by striking TRICARE Standard TRICARE Retired Reserve (5) in the item relating to section 1079a, by striking CHAMPUS TRICARE program (6) by striking the items relating to sections 1078, 1097a, and 1099. (h) Effective dates (1) In general Except as provided in paragraph (2), this section and the amendments made by the section shall take effect on January 1, 2016. (2) Transition rules Subsection (c) shall take effect on October 1, 2015. 702. Revisions to cost sharing requirements for TRICARE for life and the pharmacy benefits program (a) TRICARE for life enrollment fees Section 1086(d)(3) (D) (i) Beginning January 1, 2015, a person described in paragraph (2) (except as provided in clauses (vi) and (vii)), shall pay an annual enrollment fee as a condition of eligibility for health care benefits under this section. Such enrollment fee shall be an amount (rounded to the nearest dollar) equal to the applicable percentage (specified in clause (ii)) of the annual retired pay of the member or former member upon whom the covered beneficiary’s eligibility is based, except that the amount of such enrollment fee shall not be in excess of the applicable maximum enrollment fee (specified in clause (iii)). (ii) The applicable percentage of retired pay shall be determined in accordance with the following table: For: The applicable The applicable 2015 0.50% 0.25% 2016 1.00% 0.50% 2017 1.50% 0.75% 2018 and after 2.00% 1.00%. (iii) For any year 2015 through 2018, the applicable maximum enrollment fees for a family group of two or more persons shall be determined in accordance with the following table: For: The applicable The applicable 2015 $200 $150 2016 $400 $300 2017 $600 $450 2018 $800 $600. (iv) For any year after 2018, the applicable maximum enrollment fee shall be equal to the maximum enrollment fee for the previous year increased by the percentage by which retired pay is increased under section 1401a(b)(2) (v) The applicable maximum enrollment fee for an individual shall be one-half the corresponding maximum fee for a family group of two or more persons (as determined under clauses (iii) and (iv)). (vi) Clause (i) shall not apply to a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 (vii) Clause (i) also shall not apply to a person who, prior to the date of the enactment of this subparagraph, met the conditions described in paragraph (2)(A) and (B). . (b) TRICARE pharmacy program requirements (1) Availability of pharmaceutical agents through national mail-order pharmacy program Section 1074g(a)(5) (A) by striking at least one of the means described in paragraph (2)(E) the national mail-order pharmacy program (B) by striking may include shall include cost sharing by the eligible covered beneficiary as specified in paragraph (6). (2) Cost sharing amounts Section 1074g(a)(6) (6) (A) In the case of any of the years 2015 through 2024, the cost sharing amounts referred to in paragraph (5) shall be determined in accordance with the following table: For: The cost The cost The cost The cost The cost 2015 $5 $26 $0 $26 $51 2016 $6 $28 $0 $28 $54 2017 $7 $30 $0 $30 $58 2018 $8 $32 $0 $32 $62 2019 $9 $34 $9 $34 $66 2020 $10 $36 $10 $36 $70 2021 $11 $38 $11 $38 $75 2022 $12 $40 $12 $40 $80 2023 $13 $43 $13 $43 $85 2024 $14 $45 $14 $45 $90. (B) For any year after 2024, the cost sharing amounts referred to in paragraph (5) shall be equal to the cost sharing amounts for the previous year, adjusted by an amount, if any, as determined by the Secretary to reflect changes in the costs of pharmaceutical agents and prescription dispensing, rounded to the nearest dollar. (C) Notwithstanding subparagraphs (A) and (B), the cost-sharing amounts referred to in paragraph (5) for any year for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member shall be equal to the cost sharing amounts, if any, for fiscal year 2014. . (c) Refills of prescription maintenance medications through the National Mail Order Pharmacy Program (1) In general Under the authority of section 1092 (2) Medications covered (A) Determination The Secretary shall determine the maintenance medications subject to the requirement under paragraph (1). (B) Supply In carrying out the requirement under paragraph (1), the Secretary shall ensure that the medications subject to the requirement under paragraph (1) are— (i) generally available to eligible covered beneficiaries through retail pharmacies only for an initial filling of a 30-day or less supply; and (ii) any refills of such medications are obtained through a military treatment facility pharmacy or the national mail-order pharmacy program. (C) Exemption The Secretary may exempt the following prescription maintenance medications from the requirements in subparagraph (B): (i) Medications that are for acute care needs. (ii) Such other medications as the Secretary determines appropriate. (d) Authority To adjust payments into the Medicare-Eligible Retiree Health Care Fund Section 1116 (e) (1) During any fiscal year, if the Secretary of Defense determines that the amount certified under subsection (c) is no longer accurate because of a significant change in circumstances or law, the Secretary of Defense may, if appropriate, certify a revised amount determined in accordance with subsection (b)(2) to the Secretary of the Treasury. (2) If the Secretary of Defense makes a certification under paragraph (1), each other administering Secretary shall make and advise the Secretary of the Treasury of a revised determination, consistent with section 1111(c) (3) If a certification and determination are made under paragraphs (1) and (2), the Secretary of the Treasury shall promptly pay into or recoup from the Fund the difference between the amount paid into the Fund under subsection (a) and the amount certified or determined by the administering Secretary under paragraph (1) or (2). . B Health Care Administration 711. Designation and responsibilities of Senior Medical Advisor for Armed Forces Retirement Home (a) Designation of Senior Medical Advisor Subsection (a) of section 1513A of the Armed Forces Retirement Home Act of 1991 ( 24 U.S.C. 413a (1) in paragraph (1), by striking Deputy Director of the TRICARE Management Activity Deputy Director of the Defense Health Agency (2) in paragraph (2), by striking Deputy Director of the TRICARE Management Activity Deputy Director of the Defense Health Agency (b) Clarification of responsibilities and duties of Senior Medical Advisor Subsection (c)(2) of such section is amended by striking health care standards of the Department of Veterans Affairs nationally recognized health care standards and requirements 712. Extension of authority for the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund Subsection (e) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 September 30, 2015 September 30, 2016 713. Parity in provision of inpatient mental health services with other inpatient medical services (a) Elimination of inpatient day limits in provision of mental health services Section 1079 (1) by striking paragraph (6) of subsection (a); and (2) by striking subsection (i). (b) Waiver of nonavailbility statement for mental health services Section 721(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 10 U.S.C. 1073 (other than mental health services) VIII Acquisition policy, acquisition management, and related matters A Acquisition policy and management 801. Three-year extension of authority for Joint Urgent Operational Needs Fund Section 2216a(e) September 30, 2015 September 30, 2018 802. Five-year extension of Defense Production Act of 1950 Section 717(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2166(a) September 30, 2014 September 30, 2019 803. Program fraud civil remedies statute for the Department of Defense and the National Aeronautics and Space Administration (a) Purpose The purpose of this section is to provide the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration with an effective administrative remedy to obtain recompense for the Department of Defense and the National Aeronautics and Space Administration for losses resulting from the submission to the Department or the Administration, respectively, of false, fictitious, or fraudulent claims and statements. (b) Program fraud civil remedies (1) In general Chapter IV of subtitle A of title 10, United States Code, is amended by inserting after chapter 163 the following new chapter: 164 Administrative remedies for false claims and statements Sec. 2751. Applicability of chapter; definitions. 2752. False claims and statements; liability. 2753. Hearing and determinations. 2754. Payment; interest on late payments. 2755. Judicial review. 2756. Collection of civil penalties and assessments. 2757. Right to administrative offset. 2758. Limitations. 2759. Effect on other laws. 2751. Applicability of chapter; definitions (a) Applicability of chapter This chapter applies to the following agencies: (1) The Department of Defense. (2) The National Aeronautics and Space Administration. (b) Definitions In this chapter: (1) Head of an agency The term head of an agency (2) Claim The term claim (A) made to the head of an agency for property, services, or money (including money representing grants, loans, insurance, or benefits); (B) made to a recipient of property, services, or money received directly or indirectly from the head of an agency or to a party to a contract with the head of an agency— (i) for property or services if the United States— (I) provided such property or services; (II) provided any portion of the funds for the purchase of such property or services; or (III) will reimburse such recipient or party for the purchase of such property or services; or (ii) for the payment of money (including money representing grants, loans, insurance, or benefits) if the United States— (I) provided any portion of the money requested or demanded; or (II) will reimburse such recipient or party for any portion of the money paid on such request or demand; or (C) made to the head of an agency which has the effect of decreasing an obligation to pay or account for property, services, or money. (3) Knows or has reason to know The term knows or has reason to know section 2752 (A) has actual knowledge that the claim or statement is false, fictitious, or fraudulent; (B) acts in deliberate ignorance of the truth or falsity of the claim or statement; or (C) acts in reckless disregard of the truth or falsity of the claim or statement, and no proof of specific intent to defraud is required. (4) Responsible official The term responsible official (5) Respondent The term respondent section 2752 (6) Statement The term statement (A) with respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or (B) with respect to (including relating to eligibility for)— (i) a contract with, or a bid or proposal for a contract with the head of an agency; or (ii) a grant, loan, or benefit from the head of an agency. (c) Claims For purposes of paragraph (2) of subsection (b)— (1) each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim; (2) each claim for property, services, or money is subject to this chapter regardless of whether such property, services, or money is actually delivered or paid; and (3) a claim shall be considered made, presented, or submitted to the head of an agency, recipient, or party when such claim is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of such authority, recipient, or party. (d) Statements For purposes of paragraph (6) of subsection (b)— (1) each written representation, certification, or affirmation constitutes a separate statement; and (2) a statement shall be considered made, presented, or submitted to the head of an agency when such statement is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of such authority. 2752. False claims and statements; liability (a) False claims Any person who makes, presents, or submits, or causes to be made, presented, or submitted, to the head of an agency a claim that the person knows or has reason to know— (1) is false, fictitious, or fraudulent; (2) includes or is supported by any written statement which asserts a material fact that is false, fictitious, or fraudulent; (3) includes or is supported by any written statement that— (A) omits a material fact; (B) is false, fictitious, or fraudulent as a result of such omission; and (C) the person making, presenting, or submitting such statement has a duty to include such material fact; or (4) is for payment for the provision of property or services which the person has not provided as claimed, shall, in addition to any other remedy that may be prescribed by law, be subject to a civil penalty of not more than $5,000 for each such claim. Such person shall also be subject to an assessment of not more than twice the amount of such claim, or the portion of such claim which is determined by the responsible official to be in violation of the preceding sentence. (b) False statements Any person who makes, presents, submits, or causes to be made, presented, or submitted, a written statement in conjunction with a procurement program or acquisition of an agency named in section 2751(a) (1) the person knows or has reason to know— (A) asserts a material fact that is false, fictitious, or fraudulent; or (B) (i) omits a material fact; and (ii) is false, fictitious, or fraudulent as a result of such omission; (2) in the case of a statement described in subparagraph (B) of paragraph (1), is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; and (3) contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement, shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such statement. 2753. Hearing and determinations (a) Transmittal of notice to Attorney General If a responsible official determines that there is adequate evidence to believe that a person is liable under section 2752 (1) A statement of the reasons for initiating an action under this section. (2) A statement specifying the evidence which supports liability under section 2752 (3) A description of the claims or statements for which liability under section 2752 (4) An estimate of the penalties and assessments that will be demanded under section 2752 of this title. (5) A statement of any exculpatory or mitigating circumstances which may relate to such claims or statements. (b) Statement from Attorney General (1) Within 90 days after receipt of a notice from a responsible official under subsection (a), the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, shall transmit a written statement to the responsible official which specifies— (A) that the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, approves or disapproves initiating an action under this section based on the allegations of liability stated in such notice; and (B) in any case in which the initiation of an action under this section is disapproved, the reasons for such disapproval. (2) If at any time after the initiation of an action under this section the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, transmits to a responsible official a written determination that the continuation of any action under this section may adversely affect any pending or potential criminal or civil action, such action shall be immediately stayed and may be resumed only upon written authorization from the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General. (c) Limitation on amount of claim that may be pursued under this section No action shall be initiated under this section, nor shall any assessment be imposed under this section, if the total amount of the claim determined by the responsible official to violate section 2752(a) (d) Procedures for resolving claims (1) Upon receiving approval under subsection (b) to initiate an action under this section, the responsible official shall mail, by registered or certified mail, or other similar commercial means, or shall deliver, a notice to the person alleged to be liable under section 2752 (2) Within 30 days after receiving a notice under paragraph (1), or any additional period of time granted by the responsible official, the respondent may submit in person, in writing, or through a representative, facts and arguments in opposition to the allegations set forth in the notice, including any additional information that raises a genuine dispute of material fact. (3) If the respondent fails to respond within 30 days, or any additional time granted by the responsible official, the responsible official may issue a written decision disposing of the matters raised in the notice. Such decision shall be based on the record before the responsible official. If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty and/or assessment to be imposed on the respondent. Any such determination shall be based on a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision. (4) If the respondent makes a timely submission, and the responsible official determines that the respondent has not raised any genuine dispute of material fact, the responsible official may issue a written decision disposing of the matters raised in the notice. Such decision shall be based on the record before the responsible official. If the responsible official concludes that the respondent is liable under section 2752 (5) If the respondent makes a timely submission, and the responsible official determines that the respondent has raised a genuine dispute of material fact, the responsible official shall commence a hearing to resolve the genuinely disputed material facts by mailing by registered or certified mail, or other similar commercial means, or by hand delivery of, a notice informing the respondent of— (A) the time, place, and nature of the hearing; (B) the legal authority under which the hearing is to be held; (C) the material facts determined by the responsible official to be genuinely in dispute that will be the subject of the hearing; and (D) a description of the procedures for the conduct of the hearing. (6) The responsible official and any person against whom liability is asserted under this chapter may agree to a compromise or settle an action at any time. Any compromise or settlement must be in writing. (e) Respondent entitled to copy of the record At any time after receiving a notice under paragraph (1) of subsection (d), the respondent shall be entitled to a copy of the entire record before the responsible official. (f) Hearings Any hearing commenced under this section shall be conducted by the responsible official, or a fact-finder designated by the responsible official, solely to resolve genuinely disputed material facts identified by the responsible official and set forth in the notice to the respondent. (g) Procedures for hearings (1) Each hearing shall be conducted under procedures prescribed by the head of the agency. Such procedures shall include the following: (A) The provision of written notice of the hearing to the respondent, including written notice of— (i) the time, place, and nature of the hearing; (ii) the legal authority under which the hearing is to be held; (iii) the material facts determined by the responsible official to be genuinely in dispute that will be the subject of the hearing; and (iv) a description of the procedures for the conduct of the hearing. (B) The opportunity for the respondent to present facts and arguments through oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required to resolve any genuinely disputed material facts identified by the responsible official. (C) The opportunity for the respondent to be accompanied, represented, and advised by counsel or such other qualified representative as the Secretary may specify in such regulations. (2) For the purpose of conducting hearings under this section, the responsible official is authorized to administer oaths or affirmations. (3) Hearings shall be held at the responsible official's office, or at such other place as may be agreed upon by the respondent and the responsible official. (h) Decision following hearing The responsible official shall issue a written decision within 60 days after the conclusion of the hearing. That decision shall set forth specific findings of fact resolving the genuinely disputed material facts that were the subject of the hearing. The written decision shall also dispose of the matters raised in the notice required under paragraph (1) of subsection (d). If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty or assessment to be imposed on the respondent. Any decisions issued under this subparagraph shall be based on the record before the responsible official and shall be supported by a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision. 2754. Payment; interest on late payments (a) Payment of assessments and penalties A respondent shall render payment of any assessment and penalty imposed by a responsible official, or any amount otherwise agreed to as part of a settlement or adjustment, not later than the date— (1) that is 30 days after the date of the receipt by the respondent of the responsible official's decision; or (2) as otherwise agreed to by the respondent and the responsible official. (b) Interest If there is an unpaid balance as of the date determined under paragraph (1), interest shall accrue from that date on any unpaid balance. The rate of interest charged shall be the rate in effect as of that date that is published by the Secretary of the Treasury under section 3717 (c) Treatment of receipts All penalties, assessments, or interest paid, collected, or otherwise recovered under this chapter shall be deposited into the Treasury as miscellaneous receipts as provided in section 3302 2755. Judicial review A decision by a responsible official under section 2753(d) 2753(h) 2756. Collection of civil penalties and assessments (a) Judicial enforcement of civil penalties and assessments The Attorney General shall be responsible for judicial enforcement of any civil penalty or assessment imposed under this chapter. (b) Civil actions for recovery Any penalty or assessment imposed in a decision by a responsible official, or amounts otherwise agreed to as part of a settlement or adjustment, along with any accrued interest, may be recovered in a civil action brought by the Attorney General. In any such action, no matter that was raised or that could have been raised in a proceeding under this chapter or pursuant to judicial review under section 2755 (c) Jurisdiction of United States District Courts The district courts of the United States shall have jurisdiction of any action commenced by the United States under subsection (b). (d) Joining and consolidating actions Any action under subsection (b) may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-claim, or setoff by the United States in any other civil action which includes as parties the United States, and the person against whom such action may be brought. (e) Jurisdiction of United States Court of Federal Claims The United States Court of Federal Claims shall have jurisdiction of any action under subsection (b) to recover any penalty or assessment, or amounts otherwise agreed to as part of a settlement or adjustment, along with any accrued interest, if the cause of action is asserted by the United States as a counterclaim in a matter pending in such court. The counterclaim need not relate to the subject matter of the underlying claim. 2757. Right to administrative offset The amount of any penalty or assessment that has been imposed by a responsible official, or any amount agreed upon in a settlement or compromise, along with any accrued interest, may be collected by administrative offset. 2758. Limitations (a) Limitation on period for initiation of administrative action An action under section 2752 (b) Limitation period for initiation of civil action for recovery of administrative penalty or assessment A civil action to recover a penalty or assessment under section 2756 2759. Effect on other laws (a) Relationship to title 44 authorities This chapter does not diminish the responsibility of the head of an agency to comply with the provisions of chapter 35 (b) Relationship to title 31 authorities The procedures set forth in this chapter apply to the agencies named in section 2751(a) of this title in lieu of the procedures under chapter 38 (c) Relationship to other authorities Any action, inaction, or decision under this chapter shall be based solely upon the information before the responsible official and shall not limit or restrict any agency of the Government from instituting any other action arising outside this chapter, including suspension or debarment, based upon the same information. Any action, inaction or decision under this chapter shall not restrict the ability of the Attorney General to bring judicial action, based upon the same information as long as such action is not otherwise prohibited by law. . (2) Clerical amendment The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, of such title are each amended by inserting after the item relating to chapter 163 the following new item: 164. Administrative Remedies for False Claims and Statements 2751 . (c) Conforming amendments Section 3801(a)(1) (1) by inserting (other than the Department of Defense) executive department (2) by striking subparagraph (B); (3) by redesignating subparagraph (C) as subparagraph (B) and by inserting (other than the National Aeronautics and Space Administration) not an executive department (4) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E), respectively. (d) Effective date Chapter 164 804. Permanent authority for use of simplified acquisition procedures for certain commercial items Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public Law 104–106 B Amendments to general contract authorities, procedures, and limitations 811. Authority for Defense Contract Audit Agency to interview contractor employees in connection with examination of contractor records (a) Authority Subsection (a)(1) of section 2313 , interview employees, is authorized to inspect the plant (b) Applicability The amendment made by subsection (a) shall apply with respect to contracts entered into after the effective date of a revision to the Federal Acquisition Regulation to implement the amendment. 812. Extension to United States transportation command of authorities relating to prohibition on contracting with the enemy Section 831(i)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 813) is amended by inserting United States Transportation Command, United States Southern Command, 813. Recharacterization of changes to major automated information system programs (a) Addition to covered determination of a significant change Subsection (c)(2) of section 2445c (1) by striking or (2) by striking the period at the end of subparagraph (C) and inserting ; or (3) by adding at the end the following new subparagraph: (D) the automated information system or information technology investment failed to achieve a full deployment decision within five years after the Milestone A decision for the program or, if there was no Milestone A decision, the date when the preferred alternative is selected for the program (excluding any time during which program activity is delayed as a result of a bid protest). . (b) Removal of covered determination of a critical change Subsection (d)(3) of such section is amended— (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B), (C), and (D) as subparagraph (A), (B), and (C), respectively. 814. Extension of special emergency procurement authority Section 1903(a) (1) by striking or (2) by striking the period at the end of paragraph (2) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (3) in support of a request from the Department of State or the United States Agency for International Development to facilitate the provision of humanitarian assistance, international disaster assistance, or other crisis-related assistance pursuant to the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (4) in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). . 815. Extension of contract authority for advanced component development or prototype units (a) Extension of termination Subsection (b)(4) of section 819 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 10 U.S.C. 2302 September 30, 2014 September 30, 2019 (b) Extension of report requirement Subsection (c) of such section is amended by striking March 30, 2013 March 30, 2018 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 (a) Contracting under title 41, United States Code Section 3306(c) (1) in paragraph (1), by inserting except as provided in paragraph (3), (2) by adding at the end the following new paragraphs: (3) Exceptions for certain indefinite delivery, indefinite quantity contracts If the head of an agency issues a solicitation for multiple task or delivery order contracts under section 4103(d) (A) cost or price to the Federal Government need not, at the Government’s discretion, be considered under subparagraph (B) of paragraph (1) as an evaluation factor for the contract award; and (B) if, pursuant to subparagraph (A), cost or price to the Federal Government is not considered as an evaluation factor for the contract award— (i) the disclosure requirement of subparagraph (C) of paragraph (1) shall not apply; and (ii) cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to section 4106(c) (4) Qualifying offeror defined In paragraph (3), the term ‘qualifying offeror’ means an offeror that— (A) is determined to be a responsible source; (B) submits a proposal that conforms to the requirements of the solicitation; and (C) the contracting officer has no reason to believe would likely offer other than fair and reasonable pricing. . (b) Contracting under title 10, United States Code Section 2305(a)(3) (1) in subparagraph (A), by inserting (except as provided in subparagraph (C)) shall (2) by adding at the end the following new subparagraphs: (C) If the head of an agency issues a solicitation for multiple task or delivery order contracts under section 2304a(d)(1)(B) (i) cost or price to the Federal Government need not, at the Government’s discretion, be considered under clause (ii) of subparagraph (A) as an evaluation factor for the contract award; and (ii) if, pursuant to clause (i), cost or price to the Federal Government is not considered as an evaluation factor for the contract award— (I) the disclosure requirement of clause (iii) of subparagraph (A) shall not apply; and (II) cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to section 2304c(b) (D) In subparagraph (C), the term qualifying offeror (i) is determined to be a responsible source; (ii) submits a proposal that conforms to the requirements of the solicitation; and (iii) the contracting officer has no reason to believe would likely offer other than fair and reasonable pricing. . 817. Authority for waiver of competitive prototyping requirement for major defense acquisition programs in case of programs with no risk reduction phase activities (a) Waiver authority Subsection (a) of section 203 of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23; 10 U.S.C. 2430 (1) in paragraph (2)— (A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (B) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): (A) on the basis that there are no risk reduction phase activities; ; and (2) in paragraph (3), by inserting other than on the basis that there are no risk reduction phase activities, pursuant to paragraph (2), (b) Conforming cross-Reference amendment Subsection (b)(1) of such section is amended by striking paragraph (2) paragraph (2)(B) (c) Repeal of obsolete references Subsection (a) of such section is further amended by striking (or Key Decision Point B approval in the case of a space program) (d) Technical amendments Such subsection is further amended in the matter preceding paragraph (1)— (1) by striking Not later than 90 days after the date of the enactment of this Act, the The (2) by striking modify provide for 818. Extension of authority for additional access to contractor and subcontractor records in a contingency operation (a) Extension of authority to additional regional combatant commands Section 842 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 2313 (1) in subsection (a)(3), by striking Commander of the United States Central Command commander of the covered combatant command concerned (2) in subsection (c)— (A) , striking the United States Central Command theater of operations the theater of operations of a covered combatant command (B) by adding at the end the following new paragraph: (3) The term covered combatant command (A) The United States Central Command. (B) The United States European Command. (C) The United States Southern Command. (D) The United States Pacific Command. (E) The United States Africa Command. (F) The United States Northern Command. . (b) Reduction in amount of covered contracts, agreements, etc Subsections (a)(4) and (c)(2) of such section are amended by striking $100,000 $50,000 (c) Clarification of geographic applicability Subsection (c)(2) of such section is further amended by inserting outside the United States (including its territories and possessions) and that will be performed (d) Extension of sunset date Subsection (d) of such section is amended by striking the date that is three years after the date of the enactment of this Act December 31, 2018 (e) Applicability Subsection (a) of such section is further amended— (1) by striking Not later than 30 days after the date of the enactment of this Act, the The (2) by striking revise require through (3) by striking to require (A) the clause that the clause (4) by striking that is awarded on (f) Conforming amendment The heading of such section is amended to read as follows: 842. Additional access to contractor and subcontractor records in a contingency operation . 819. Modification of limitations on procurement of photovoltaic devices by the Department of Defense Subsection (b)(1) of section 846 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 10 U.S.C. 2534 and or IX Department of Defense organization and management 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 (a) Redesignation of Assistant Secretary of Defense for Operational Energy Plans and Programs To reflect merger with Deputy Under Secretary of Defense for Installations and Environment; clarification of policy and responsibilities (1) Redesignation of position Paragraph (9) of sub section 138(b) (9) One of the Assistant Secretaries is the Assistant Secretary of Defense for Installations, Energy, and Environment. The Assistant Secretary is the principal advisor to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters relating to installations, energy, and environment. . (2) Transfer of policy provisions Chapter 173 (A) by adding at the end the following new section: 2926. Operational energy activities ; (B) by transferring paragraph (3) of section 138c(c) (C) in subsection (a) (as so inserted and redesignated)— (i) By inserting alternative fuel activities The Assistant Secretary (ii) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively; and (iii) in paragraph (5) (as so redesignated), by striking subsection (e)(4) subsection (c)(4) (D) by transferring subsections (d), (e), and (f) of section 138c (E) in subsections (a), (b), (c), and (d) of section 2926 (as transferred and redesignated by subparagraphs (B) and (D)), by inserting of Defense for Installations, Energy, and Environment Assistant Secretary (F) in subsection (b) of section 2926 (as transferred and redesignated by subparagraph (D)), by striking provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, make recommendations to the Secretary of Defense and Deputy Secretary of Defense and provide guidance to the Secretaries of the military departments (3) Repeal of former provision Sections 138c of such title is repealed. (b) Deputy chief management officer Subsection (b) of section 132a (b) Responsibilities Subject to the authority, direction, and control of the Secretary of Defense, the Deputy Chief Management Officer shall perform such duties and exercise such powers as the Secretary may prescribe. The Deputy Chief Management Officer shall— (1) assist the Deputy Secretary of Defense in the Deputy Secretary’s capacity as Chief Management Officer of the Department of Defense under section 132(c) of this title and perform those duties assigned by the Secretary of Defense or delegated by the Deputy Secretary pursuant to section 904(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (2) assist the Deputy Secretary of Defense in the Deputy Secretary’s capacity as the Chief Operating Officer of the Department of Defense under section 1123 (3) establish policies for the strategic management and integration of the Department of Defense business operations and activities; (4) have the responsibilities specified for the Deputy Chief Management Officer for the purposes of section 2222 of this title; and (5) be the Performance Improvement Officer of the Department of Defense for the purposes of section 1124(a)(1) of title 31. . (c) Chief Information Officer of the Department of Defense (1) Statutory establishment of position Chapter 4 142. Chief Information Officer (a) There is a Chief Information Officer of the Department of Defense. (b) (1) The Chief Information Officer of the Department of Defense— (A) is the Chief Information Officer of the Department of Defense for the purposes of sections 3506(a)(2) and 3544(a)(3) of title 44; (B) has the responsibilities and duties specified in section 11315 (C) has the responsibilities specified for the Chief Information Officer in sections 2222, 2223(a), and 2224 of this title. (2) The Chief Information Officer shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe. (c) The Chief Information Officer takes precedence in the Department of Defense with the officials serving in positions specified in section 131(b)(4) . (2) Placement in the Office of the Secretary of Defense Section 131(b) (A) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and (B) by inserting after paragraph (4) the following new paragraph (5): (5) The Chief Information Officer of the Department of Defense. . (d) Repeal of requirement for Defense Business System Management Committee Section 186 (e) Assignment of responsibility for defense business systems Section 2222 (1) in subsection (a)— (A) by inserting and (B) by striking ; and (C) by striking paragraph (3); (2) in subsection (c)(1), by striking Defense Business Systems Management Committee investment review board established under subsection (g) (3) in subsection (g)— (A) in paragraph (1), by striking , not later than March 15, 2012, (B) in paragraph (2)(C), by striking each the (C) in paragraph (2)(F), by striking and the Defense Business Systems Management Committee, as required by section 186(c) (f) Deadline for establishment of investment review board and investment management process The investment review board and investment management process required by section 2222(g) of title 10, United States Code, as amended by subsection (e)(5), shall be established not later than March 15, 2015. (g) Elimination and integration of separate statutory sections for certain prescribed assistant secretary of defense positions Chapter 4 (1) Assistant Secretary of Defense for Logistics and Materiel Readiness Paragraph (7) of section 138(b) (A) by inserting after Readiness who shall be appointed from among persons with an extensive background in the sustainment of major weapons systems and combat support equipment (B) by striking the second sentence; (C) by transferring to the end of that paragraph (as amended by subparagraph (B)) the text of subsection (b) of section 138a (D) by transferring to the end of that paragraph (as amended by subparagraph (C)) the text of subsection (c) of section 138a (E) by redesignating paragraphs (1) through (3) in the text transferred by subparagraph (C) of this paragraph as subparagraphs (A) through (C), respectively. (2) Assistant Secretary of Defense for Research and Engineering Paragraph (8) of such section is amended— (A) by striking the second sentence and inserting the text of subsection (a) of section 138b; (B) by inserting after the text added by subparagraph (A) of this paragraph the following: The Assistant Secretary, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation, shall— (C) by transferring paragraphs (1) and (2) of subsection (b) of section 138b to the end of that paragraph (as amended by subparagraphs (A) and (B)), indenting those paragraphs 2 ems from the left margin, and redesignating those paragraphs as subparagraphs (A) and (B), respectively; (D) in subparagraph (A) (as so transferred and redesignated)— (i) by striking The Assistant Secretary Test and Evaluation, shall (ii) by striking the period at the end and inserting ; and (E) in subparagraph (B) (as so transferred and redesignated), by striking The Assistant Secretary Test and Evaluation, shall (3) Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs Paragraph (10) of such section is amended— (A) by striking the second sentence and inserting the text of subsection (b) of section 138d; and (B) by inserting after the text added by subparagraph (A) of this paragraph the text of subsection (a) of such section and in that text as so inserted— (i) by striking of Defense for Nuclear, Chemical, and Biological Defense Programs (ii) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively. (4) Repeal of separate sections Sections 138a, 138b, and 138d are repealed. (h) Codification of restrictions on use of the Deputy Under Secretary of Defense title (1) Codification Section 137a(a) (3) The officials authorized under this section shall be the only Deputy Under Secretaries of Defense. . (2) Conforming repeal Section 906(a)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2426; 10 U.S.C. 137a (3) Conforming amendment for the Vacancy Reform Act of 1998 Section 137a(b) is absent or disabled dies, resigns, or is otherwise unable to perform the functions and duties of the office (i) Clarification of order of precedence for the principal Deputy Under Secretaries of Defense and the Assistant Secretaries of Defense (1) Subsection (d) of section 137a and the Deputy Chief Management Officer of the Department of Defense the Deputy Chief Management Officer of the Department of Defense, and the officials serving in the positions specified in section 131(b)(4) (2) Subsection (d) of section 138 and the Chief Information Officer of the Department of Defense section 131(b)(4) of this title (j) Conforming amendment to prior reduction in the number of Assistant Secretaries of Defense Section 5315 Assistant Secretaries of Defense (16) Assistant Secretaries of Defense (14) (k) Clerical and conforming amendments Title 10, United States Code, is amended as follows: (1) The table of sections at the beginning of chapter 4 (A) by striking the items relating to sections 138a, 138b, 138c, and 138d; and (B) by inserting after the item relating to section 141 the following new item: 142. Chief Information Officer. . (2) Section 131(b)(8), as redesignated by subsection (c)(2)(A), is amended— (A) by redesignating subparagraphs (A) through (H) as subparagraphs (B) through (I), respectively; and (B) by inserting before subparagraph (B), as redesignated by subparagraph (A) of this paragraph, the following new subparagraph (A): (A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under section 139a(c) . (3) Section 132(b) is disabled or there is no Secretary of Defense dies, resigns, or is otherwise unable to perform the functions and duties of the office (4) The table of sections at the beginning of chapter 7 (5) The table of sections at the beginning of subchapter III of chapter 173 2926. Operational energy activities. . (6) Section 2925(b) Operational Energy Plans and Programs Installations, Energy, and Environment (l) References in other laws, etc Any reference in any provision or law other than title 10, United States Code, or in any rule, regulation, or other paper of the United States, to the Assistant Secretary of Defense for Operational Energy Plans and Programs or to the Deputy Under Secretary of Defense for Installations and Environment shall be treated as referring to the Assistant Secretary of Defense for Installations, Energy, and Environment. 902. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities (a) Permanent authority Section 431(a) (b) Period for required audits Section 432(b)(2) annually biennially 903. Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad Section 926 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 904. One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies Section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 10 U.S.C. 184 (1) in paragraph (1), by striking through 2014 through 2015 (2) by striking paragraphs (2) and (3). 905. One-year extension of authorization for non-conventional assisted recovery capabilities (a) Extension Subsection (h) of section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 Public Law 113–66 2015 2016 (b) Cross-Reference amendment Subsection (f) of such section is amended by striking 413b(e) 3093(e) 906. Authority for Secretary of Defense to engage in commercial activities as security for military operations abroad (a) Authority To engage in commercial activities as security for military operations Subsection (a) of section 431 and military operations intelligence collection activities (b) Congressional committee references (1) Definitions Subsection (c) of such section is amended by adding at the end the following new paragraphs: (3) The term congressional intelligence committees (4) The term appropriate congressional committees (A) with respect to a matter that pertains to a commercial activity undertaken under this subchapter to provide security for intelligence collection activities, the congressional defense committees and the congressional intelligence committees; and (B) with respect to a matter that pertains to a commercial activity undertaken under this subchapter to provide security for military operations, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. . (2) Conforming amendment Section 437 (c) Reporting of audits The second sentence of section 432(b)(2) The results of any such audit shall be promptly reported to the appropriate congressional committees. (d) Authority To waive other Federal laws when necessary To maintain security Section 433(b)(1) or military operation intelligence activity (e) Limitations Section 435 (1) in subsection (a), by inserting or military operation intelligence activity (2) in subsection (b), by inserting or military operations intelligence activities (f) Congressional oversight Section 437 congressional defense committees and the congressional intelligence committees appropriate congressional committees (g) Clerical amendments (1) Subchapter heading (A) The heading of subchapter II of chapter 21 II Defense commercial activities . (B) The item relating to that subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows: II. Defense Commercial Activities 431. . (2) Section heading (A) The heading of section 431 431. Authority to engage in commercial activities as security for intelligence collection activities and military operations . (B) The item relating to that section in the table of sections at the beginning of subchapter II of chapter 21 431. Authority to engage in commercial activities as security for intelligence collection activities and military operations. . 907. Statutory streamlining to enable Defense Commissary Agency to become partially self-sustaining (a) Competition requirements for contracts Section 2304(c)(5) brand-name (b) Purpose of the commissary system Section 2481 (1) in subsection (a), by striking , at reduced prices, (2) in subsection (b)— (A) by inserting each intended (B) by inserting and provide access to products for life of (3) by striking subsection (d). (c) Criteria for establishment or closure of commissary stores (1) Criteria for establishment Subsection (a) of section 2482 (A) by inserting (1) Establishment. (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (C) in subparagraph (A), as so redesignated, by inserting outside the United States commissary store (D) by adding at the end the following new paragraph: (2) The feasibility of cost recovery shall be the primary consideration whenever the Secretary of Defense— (A) assesses the need to establish a commissary store in the United States; and (B) selects the actual location for the store. . (2) Criteria for closure Paragraph (1) of subsection (c) of such section is amended by striking Whenever assessing Whenever the Secretary of Defense is assessing whether to close a commissary store, the following shall be primary considerations in such assessment: (A) The extent by which the operation of the commissary store is able to recover costs. (B) The effect of the closure on the quality of life of members of the armed forces on active duty and their dependents who use the store and on the welfare and security of the military community in which the commissary is located. . (d) Financing of commissary system operating expenses and inventories (1) In general Section 2483 2483. Commissary stores: use of defense working capital funds to cover operating expenses and to finance resale inventories (a) Operation of agency and system Except as otherwise provided in this title, working capital funds established under section 2208 of this title shall be used to fund the operations and merchandise resale inventories of the defense commissary system. Those working capital funds shall be credited with such amounts as are appropriated for such purposes and with receipts described in subsections (c) and (d). (b) Operating expenses Working capital funds established under section 2208 of this title shall be used to finance operating expenses of the defense commissary system and the acquisition of merchandise resale inventories. Operating expenses of the defense commissary system include the following: (1) Salaries and wages of employees of the United States, host nations, and contractors supporting commissary store operations. (2) Utilities. (3) Communications. (4) Operating supplies and services. (5) Second destination transportation costs as authorized by section 2643 of this title. (6) Any cost associated with above-store-level management or other indirect support of a commissary store or a central product processing facility, including equipment maintenance and information technology costs. (c) Funding of commissary operations (1) The defense commissary system shall be managed with the objectives of attaining— (A) uniform system-wide pricing; and (B) a proportional allocation of funding sources for operating expenses. (2) The Secretary of Defense shall seek to achieve the objective of attaining a proportional allocation of funding sources for operating expenses for the defense commissary system as follows: (A) The Secretary shall prepare an estimation of the portion of the total operating expenses for the defense commissary system that are allocable to operations overseas and at commissaries within the United States that are designated by the Secretary for appropriated fund support. (B) The portion of operating expenses estimated under subparagraph (A) shall be programmed to be financed through annual appropriations for defense working capital funds. (C) The estimation of the remaining portion of operating expenses for the defense commissary system shall be financed as described in paragraph (3) and shall be used to establish prices for commissary merchandise and services consistent with the objective of attaining uniform system-wide pricing. (3) The portion of operating expenses for the defense commissary system that are not financed from appropriations for defense working capital funds shall be financed from receipts from the following (and from the exercise of authority provided by section 2208 of this title): (A) The sale of products. (B) The sale of services. (C) Such other receipts generated from commissary activities, except for surcharge collections authorized by section 2484(e) of this title, as designated by the Secretary of Defense. (d) Funding of merchandise resale inventories Prices established for resale merchandise shall include amounts sufficient to finance replenishment of inventories. . (2) Clerical amendment The item relating to such section in the table of sections at the beginning of subchapter I of chapter 147 2483. Commissary stores: use of defense working capital funds to cover operating expenses and to finance resale inventories. . (e) Merchandise and pricing Section 2484 (1) by striking subsection (f); (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting after subsection (c) the following new subsection (d): (d) Fee for services The Secretary of Defense may apply an additional user fee for services provided to commissary customers on orders of merchandise sold in commissary stores by electronic or mobile commerce methods commonly used in the retail supermarket sector. ; (4) in subsection (c)(3)— (A) in subparagraph (A), by striking subsections (d) and (e) subsections (e) and (f) (B) in subparagraph (B), by striking subsection (d) subsection (e) (5) in subsection (e), as redesignated by paragraph (2), by striking subsection (e) subsection (f) (6) by amending subsection (f), as redesignated by paragraph (2), to read as follows: (f) Sales price establishment The Secretary of Defense shall establish the sales price of merchandise sold in, at, or by commissary stores in amounts sufficient to finance operating expenses as prescribed in section 2483(b) ; (7) in subsection (g)— (A) by striking subsections (d) and (e) subsections (e) and (f) (B) by striking subsection (d) subsection (e) (8) in subsection (h)— (A) by striking subsection (d) subsection (e) (B) by striking paragraph (5). (f) Operation of commissaries (1) Operation by private persons Subsection (a) of section 2485 (a) Operation by private persons (1) Authority When patron savings can be improved, or operating costs reduced, the Secretary of Defense may contract with private persons to operate selected commissary store functions. (2) Limitation The following functions may not be contracted for operation by a private person under paragraph (1): (A) Functions relating to the procurement of products to be sold in a commissary store, except for a full or substantially full product line acquired for resale from a wholesaler, distributor, or similar vendor. (B) Functions relating to the overall management of a commissary system or the management of a commissary store. (3) Performance of functions excluded from performance by private persons Functions specified in paragraph (2) shall be carried out by personnel of the Department of Defense under regulations approved by the Secretary of Defense. . (2) Contracts with other agencies and instrumentalities Subsection (b) of such section is amended— (A) by striking (1) The Defense (B) by inserting goods or provide or obtain (C) by striking service provided by the United States Transportation Command good or service provided by any entity of the United States in (D) by striking paragraph (2). (3) Repeal of superceded provisions Such section is further amended— (A) in subsection (g), by striking paragraphs (3), (4), and (5); and (B) in subsection (h), by striking paragraph (5). (4) Conforming cross-reference amendments Paragraphs (3) and (4) of subsection (e) of such section are amended by striking section 2484(d) section 2484(e) (g) Repeal of obsolete authority (1) In general Section 2685 (2) Clerical amendment The table of sections at the beginning of chapter 159 (h) Overseas transportation Section 2643(b) (1) in the first sentence, by striking appropriated funds defense working capital funds (2) in the second sentence— (A) by striking also (B) by inserting commissary and transporting (i) Supervision of commissary construction projects Section 2851(b) However, a project for the construction of a commissary store, a commissary central product processing facility, or a shopping mall or similar facility for a commissary store and one or more nonappropriated fund instrumentality activities authorized under section 2484(h) X General provisions A Financial matters 1001. Authority for use of amounts recovered for damage to Government property (a) Extension to personal property The first sentence of section 2782 real property Government property (b) Availability of recovered funds The second sentence of such section is amended— (1) by striking In such amounts as are provided in advance in appropriation Acts, amounts Amounts (2) by inserting merged with, and available for use (3) by inserting and for the same period same purposes (4) by inserting a comma after circumstances as (c) Clerical amendments (1) Section heading The heading of such section is amended by striking real Government (2) Table of sections The item relating to such section in the table of sections at the beginning of chapter 165 of such title is amended to read as follows: 2782. Damage to Government property; disposition of amounts recovered. . B Counter-Drug activities 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 Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 Public Law 113–66 (1) in subsection (a)(1), by striking In fiscal years 2005 through 2014, During the period ending on December 31, 2017, (2) in subsection (c), by striking in fiscal years 2005 through 2014 during the period ending on December 31, 2017, C Naval vessels and shipyards 1021. Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning Section 5942(a) (1) by inserting (1) (a) (2) by adding at the end the following new paragraph: (2) Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that has been inactivated for the purpose of permanent decommissioning and disposal. . 1022. Ensuring operational readiness of littoral combat ships on extended deployments (a) Authority Subsection (a) of section 7310 (1) by inserting under the jurisdiction of the Secretary of the Navy Vessels (2) by striking A naval vessel (1) Except as provided in paragraph (2), a naval vessel (3) by adding at the end the following new paragraph: (2) (A) Subject to subparagraph (B), in the case of a naval vessel that is classified as a Littoral Combat Ship and that is operating on deployment, corrective and preventive maintenance or repair (whether intermediate or depot level) and facilities maintenance may be performed on the vessel— (i) in a foreign shipyard; (ii) at a facility outside of a foreign shipyard; or (iii) at any other facility convenient to the vessel. (B) (i) Corrective and preventive maintenance or repair may be performed on a vessel as described in subparagraph (A) only if the work is performed by United States Government personnel or United States contractor personnel. (ii) Facilities maintenance may be performed by a foreign contractor on a vessel as described in subparagraph (A) only as approved by the Secretary of the Navy. . (b) Definitions Such section is further amended by adding at the end the following new subsection: (d) Definitions In this section: (1) The term corrective and preventive maintenance or repair (A) maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and (B) scheduled maintenance or repair actions intended to prevent or discover functional failures, including scheduled periodic maintenance requirements and integrated class maintenance plan tasks that are time-directed maintenance actions. (2) The term facilities maintenance (A) preservation or corrosion control efforts, encompassing surface preparation and preservation of the structural facility to minimize effects of corrosion; and (B) cleaning services, encompassing— (i) light surface cleaning of ship structures and compartments; and (ii) deep cleaning of bilges to remove dirt, oily waste, and other foreign matter. . (c) Clerical amendments (1) Section heading The heading of such section is amended to read as follows: 7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions . (2) Table of sections The table of sections at the beginning of chapter 633 7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions. . 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 (a) In general Chapter 645 7525. Limited coastwise trade (a) Definition In his section, the term contractor-owned vessel (1) was built in the United States; (2) is owned or operated by an individual or entity that— (A) is under contract with the Navy to construct, maintain, or repair a vessel of the Navy; and (B) in conjunction with such contract, is operating under a special security agreement with the Secretary of Defense; (3) is used, pursuant to such contract, to construct, maintain, or repair a vessel of the Navy; and (4) is manned by United States citizens. (b) In general A contractor-owned vessel may, at the direction of the Secretary of the Navy, engage in coastwise trade for the exclusive purpose of performing a contract with the Navy to construct, maintain, or repair a vessel of the Navy, and any law pertaining to coastwise trade shall not apply to such vessel, the owner or operator of such vessel, or the operation of such vessel. (c) Notice The Secretary of the Navy shall provide notice to the Secretary of Homeland Security if a contractor-owned vessel is authorized, pursuant to this section, to engage in coastwise trade. (d) Limitation An authorization to engage in coastwise trade pursuant to this section shall be non-transferrable and shall expire— (1) on the date of the sale of the contractor-owned vessel; (2) on the date of the contract with the Navy to construct, maintain, or repair a vessel of the Navy expires or that the Secretary of the Navy terminates such contract; or (3) in the event that the Secretary of Defense terminates the special security agreement with the contractor that owns the vessel. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 7525. Limited coastwise trade. . D Sexual assault prevention and response related reforms 1031. Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the defense incident-based reporting system Section 543(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1562 (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. 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 Section 586 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 10 U.S.C. 1561 (f) Return of personal property upon completion of related proceedings Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the armed forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident. . E Other matters 1041. Technical and clerical amendments (a) Amendment to National Defense Authorization Act for Fiscal Year 2013 Effective as of January 2, 2013, and as if included therein as enacted, section 604(b)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1774) is amended by striking the National Defense Authorization Act for Fiscal Year 2013 this Act (b) Amendments to title 10, United States Code, To reflect enactment of title 41, United States Code Title 10, United States Code, is amended as follows: (1) Section 2013(a)(1) section 6101(b)–(d) of title 41 section 6101 of title 41 (2) Section 2302 (A) in paragraph (7), by striking section 4 of such Act such section (B) in paragraph (9)(A)— (i) by striking section 26 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422 chapter 15 of title 41 (ii) by striking such section such chapter (3) Section 2306a(b)(3)(B) section 4(12)(C)(i) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12)(C)(i) section 103(3)(A) of title 41 (4) Section 2314 Sections 6101(b)–(d) Sections 6101 (5) Section 2321(f)(2) section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) section 104 of title 41 (6) Section 2359b(k)(4)(A) section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 110 of title 41 (7) Section 2379 (A) in subsections (a)(1)(A), (b)(2)(A), and (c)(1)(B)(i), by striking section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) section 103 of title 41 (B) in subsections (b) and (c)(1), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) section 104 of title 41 (8) Section 2410m(b)(1) (A) in subparagraph (A)(i), by striking section 7 of such Act section 7104(a) of such title (B) in subparagraph (B)(ii), by striking section 7 of the Contract Disputes Act of 1978 section 7104(a) of title 41 (9) Section 2533(a) such Act chapter 83 of such title (10) Section 2533b (A) in subsection (h)— (i) in paragraph (1), by striking sections 34 and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431) sections 1906 and 1907 of title 41 (ii) in paragraph (2), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) section 104 of title 41 (B) in subsection (m)— (i) in paragraph (2), by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 105 of title 41 (ii) in paragraph (3), by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 131 of title 41 (iii) in paragraph (5), by striking section 35(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 431(c) section 104 of title 41 (11) Section 2545(1) section 4(16) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(16) section 131 of title 41 (12) Section 7312(f) Section 3709 of the Revised Statutes ( 41 U.S.C. 5 Section 6101 of title 41 (c) Amendments to other defense-Related statutes To reflect enactment of title 41, United States Code (1) The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 (A) Section 846(a) ( 10 U.S.C. 2534 (i) by striking the Buy American Act ( 41 U.S.C. 10a et seq. chapter 83 of title 41, United States Code (ii) by striking that Act that chapter (B) Section 866 ( 10 U.S.C. 2302 (i) in subsection (b)(4)(A), by striking section 26 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422 chapter 15 of title 41, United States Code (ii) in subsection (e)(2)(A), by striking section 4(13) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(13) section 110 of title 41, United States Code (C) Section 893(f)(2) ( 10 U.S.C. 2302 section 26 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422 chapter 15 of title 41, United States Code (2) The National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (A) Section 805(c)(1) ( 10 U.S.C. 2330 (i) in subparagraph (A), by striking section 4(12)(E) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12)(E) section 103(5) of title 41, United States Code (ii) in subparagraph (C)(i), by striking section 4(12)(F) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12)(F) section 103(6) of title 41, United States Code (B) Section 821(b)(2) ( 10 U.S.C. 2304 section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) section 103 of title 41, United States Code (C) Section 847 ( 10 U.S.C. 1701 (i) in subsection (a)(5), by striking section 27(e) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 423(e) section 2105 of title 41, United States Code (ii) in subsection (c)(1), by striking section 4(16) of the Office of Federal Procurement Policy Act section 131 of title 41, United States Code (iii) in subsection (d)(1), by striking section 27 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 423 chapter 21 of title 41, United States Code (D) Section 862 ( 10 U.S.C. 2302 (i) in subsection (b)(1), by striking section 25 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421 section 1303 of title 41, United States Code (ii) in subsection (d)(1), by striking section 6(j) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 405(j) section 1126 of title 41, United States Code (3) The John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 (A) Section 832(d)(3) ( 10 U.S.C. 2302 section 8(b) of the Service Contract Act of 1965 ( 41 U.S.C. 357(b) section 6701(3) of title 41, United States Code (B) Section 852(b)(2)(A)(ii) ( 10 U.S.C. 2324 section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) section 103 of title 41, United States Code (4) Section 8118 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 section 34 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 430 section 1906 of title 41, United States Code (5) The National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 (A) Section 812(b)(2) ( 10 U.S.C. 2501 section 6(d)(4)(A) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 405(d)(4)(A) section 1122(a)(4)(A) of title 41, United States Code (B) Section 1601(c) ( 10 U.S.C. 2358 (i) in paragraph (1)(A), by striking section 32A of the Office of Federal Procurement Policy Act, as added by section 1443 of this Act section 1903 of title 41, United States Code (ii) in paragraph (2)(B), by striking Subsections (a) and (b) of section 7 of the Anti-Kickback Act of 1986 ( 41 U.S.C. 57(a) Section 8703(a) of title 41, United States Code (6) Section 8025(c) of the Department of Defense Appropriations Act, 2004 ( Public Law 108–87 the Javits-Wagner-O’Day Act ( 41 U.S.C. 46–48 chapter 85 of title 41, United States Code (7) Section 817(e)(1)(B) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 10 U.S.C. 2306a section 26(f)(5)(B) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 422(f)(5)(B) section 1502(b)(3)(B) of title 41, United States Code (8) Section 801(f)(1) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 section 16(3) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(3) section 1702(c) (1) and (2) of title 41, United States Code (9) Section 803(d) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 10 U.S.C. 2306a subsection (b)(1)(B) of section 304A of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 254b section 3503(a)(2) of title 41, United States Code (10) Section 848(e)(1) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304 section 32 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 428 section 1902 of title 41, United States Code (11) Section 722(b)(2) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073 section 25(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c) section 1303(a) of title 41, United States Code (12) Section 3412(k) of the National Defense Authorization Act for Fiscal Year 1996 ( Public Law 104–106 10 U.S.C. 7420 section 303(c) of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253(c) section 3304(a) of title 41, United States Code (13) Section 845 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 (A) in subsection (a)(2)(A), by striking section 16(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(c) section 1702(c) of title 41, United States Code, (B) in subsection (d)(1)(B)(ii), by striking section 16(3) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 414(3) paragraphs (1) and (2) of section 1702(c) (C) in subsection (e)(2)(A), by striking section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) section 103 of title 41, United States Code (D) in subsection (h), by striking section 27 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 423 chapter 21 of title 41, United States Code (14) Section 326(c)(2) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2302 section 25(c) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c) section 1303(a) of title 41, United States Code (15) Section 806 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2302 (A) in subsection (b), by striking section 4(12) of the Office of Federal Procurement Policy Act section 103 of title 41, United States Code (B) in subsection (c)— (i) by striking section 25(a) of the Office of Federal Procurement Policy Act section 1302(a) of title 41, United States Code (ii) by striking section 25(c)(1) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 421(c)(1) section 1303(a)(1) of such title 41 (16) Section 831 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 (A) by designating the subsection after subsection (k), relating to definitions, as subsection (l); and (B) in paragraph (8) of that subsection, by striking the first section of the Act of June 25, 1938 ( 41 U.S.C. 46 Wagner-O’Day Act section 8502 of title 41, United States Code (d) Amendments to title 10, United States Code, To reflect reclassification of provisions of law codified in title 50, United States Code Title 10, United States Code, is amended as follows: (1) Sections 113(b), 125(a), and 155(d) are amended by striking ( 50 U.S.C. 401 ( 50 U.S.C. 3002 (2) Sections 113(e)(2), 117(a)(1), 118(b)(1), 118a(b)(1), 153(b)(1)(C)(i), 231(b)(1), and 231a(c)(1) are amended by striking ( 50 U.S.C. 404a ( 50 U.S.C. 3043 (3) Sections 167(g) 421(c) ( 50 U.S.C. 413 et seq. ( 50 U.S.C. 3091 et seq. (4) Section 201(b)(1) ( 50 U.S.C. 403–6(b) ( 50 U.S.C. 3041(b) (5) Section 429 (A) in subsection (a), by striking ( 50 U.S.C. 403–1 ( 50 U.S.C. 3024 (B) in subsection (e), by striking ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (6) Section 442(d) ( 50 U.S.C. 404e(a) ( 50 U.S.C. 3045(a) (7) Section 444 (A) in subsection (b)(2), by striking ( 50 U.S.C. 403o ( 50 U.S.C. 3515 (B) in subsection (e)(2)(B), by striking ( 50 U.S.C. 403a et seq. ( 50 U.S.C. 3501 et seq. (8) Section 457 (A) in subsection (a), by striking ( 50 U.S.C. 431 ( 50 U.S.C. 3141 (B) in subsection (c), by striking ( 50 U.S.C. 431(b) ( 50 U.S.C. 3141(b) (9) Section 462 ( 50 U.S.C. 402 ( 50 U.S.C. 3614 (10) Sections 491(c)(3), 494(d)(1), and 496(a)(1) are amended by striking ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (11) Section 1599a(a) ( 50 U.S.C. 402 ( 50 U.S.C. 3614 (12) Section 1605(a)(2) ( 50 U.S.C. 403r ( 50 U.S.C. 3518 (13) Section 1623(a) ( 50 U.S.C. 402 ( 50 U.S.C. 3614 (14) Section 2409(e) ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (15) Section 2501(a)(1)(A) ( 50 U.S.C. 404a ( 50 U.S.C. 3043 (16) Sections 2557(c) 2723(d)(2) ( 50 U.S.C. 413 ( 50 U.S.C. 3091 (e) Amendments to other defense-Related statutes To reflect reclassification of provisions of law codified in title 50, United States Code (1) The following provisions of law are amended by striking ( 50 U.S.C. 401a(4) ( 50 U.S.C. 3003(4) (A) Section 911(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2271 (B) Sections 801(b)(3) and 911(e)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 10 U.S.C. 2304 (C) Section 812(e) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 10 U.S.C. 2501 (2) Section 901(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 137 ( 50 U.S.C. 401 et seq. ( 50 U.S.C. 3001 et seq. (f) Other cross-Reference amendments (1) Title 10, United States Code Title 10, United States Code, is amended as follows: (A) Section 2430(c)(2) section 2366a(a)(4) section 2366a(a)(7) (B) Section 7292(d)(2) section 1024(a) section 1018(a) (2) Title 40, United States Code Section 591(b)(2)(A) section 2394 of title 10 section 2922a of title 10 (g) Date of enactment references Title 10, United States Code, is amended as follows: (1) Section 1218(d)(3) on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 on October 28, 2014 (2) Section 1566a(a) Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 and under Under (3) Section 2275(d) (A) in paragraph (1), by striking before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 before January 2, 2013 (B) in paragraph (2), by striking on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 on or after January 2, 2013 (4) Section 2601a(e) after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012 after December 31, 2011, (5) Section 6328(c) on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 after October 27, 2009, (h) Other amendments to title 10, United States Code Title 10, United States Code, is amended as follows: (1) Section 118 (2) Section 407(a)(3)(A) as applicable (3) Section 429 (A) in subsection (a), by striking Section section (B) in subsection (c), by striking act law (4) Section 1074m(a)(2) subparagraph subparagraphs (5) Section 1154(a)(2)(A)(ii) U.S.C.1411 U.S.C. 1411 (6) Section 2222(g)(3) (A) (3) (7) Section 2335(d) (A) by designating the last sentence of paragraph (2) as paragraph (3); and (B) in paragraph (3), as so designated— (i) by inserting before Each of Other terms.— (ii) by striking the term that term (iii) by inserting Election Federal Campaign (8) Section 2371 (9) Section 2601a (A) in subsection (a)(1), by striking issue prescribe (B) in subsection (d), by striking issued prescribed (10) Section 2853(c)(1)(A) can be still be can still be (11) Section 2866(a)(4)(A) repayed repaid (12) Section 2884(c) on evaluation an evaluation (i) Transfer of section 2814 to chapter 631 (1) Transfer and redesignation Section 2814 chapter 631 (2) Conforming amendments Such section, as so transferred and redesignated, is amended— (A) in paragraphs (2) and (3)(B) of subsection (i), by striking this chapter chapter 169 of this title (B) by striking subsection (l) and inserting the following new subsection (l): (l) Definitions In this section: (1) The term appropriate committees of Congress section 2801 (2) The term property support services (A) Any utility service or other service listed in section 2686(a) (B) Any other service determined by the Secretary to be a service that supports the operation and maintenance of real property, personal property, or facilities. . (3) Clerical amendments (A) The table of sections at the beginning of chapter 169 (B) The table of sections at the beginning of chapter 631 7206. Special authority for development of Ford Island, Hawaii. . (j) Coordination with other amendments made by this Act For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by subsections (b) through (h) of this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act. 1042. Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations Subsection (h) of section 2667 (4) (A) Paragraph (1) does not apply to a renewal, extension, or succeeding lease by the Secretary concerned with a financial institution selected in accordance with the Department of Defense Financial Management Regulation providing for the selection of financial institutions to operate on military installations if each of the following applies: (i) The on-base financial institution was selected before the date of the enactment of this paragraph or competitive procedures are used for the selection of any new financial institutions. (ii) A current and binding operating agreement is in place between the installation commander and the selected on-base financial institution. (B) The renewal, extension or succeeding lease shall terminate upon the termination of the operating agreement described in subparagraph (A)(ii). . 1043. Limited authority for United States to secure copyrights for certain scholarly works prepared by faculty of certain Department of Defense professional schools (a) Authority Chapter 53 section 1033 1033a. Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools (a) Authority (1) In general Subject to regulations prescribed under subsection (f), the United States may, notwithstanding section 105 201(b) (2) Printing Notwithstanding section 501 (b) Qualifying works A work is a qualifying work for purposes of this section if the work— (1) is prepared as part of a person’s official duties; and (2) meets such criteria as the Secretary of Defense may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. (c) Transfer of copyright Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the United States may transfer the copyright to the owner or publisher of the medium in which the work will be published. The United States shall maintain a perpetual, royalty-free license to use the scholarly work for any official purpose of the United States. (d) Royalties, etc No royalties or other compensation may be accepted by a person covered by subsection (a) by reason of copyright protection that exists by reason of subsection (a). (e) Covered institutions The institutions referred to in subsection (a) are the following: (1) The United States Military Academy, the United States Naval Academy, and the United States Air Force Academy. (2) The National Defense University. (3) Any war college of the armed forces. (4) Any graduate-level college or university of the Department of Defense. (f) Regulations The Secretary of Defense shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured under subsection (a) and the purposes for which the copyright may be secured. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1033 the following new item: 1033a. Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools. . (c) Effective date Section 1033a 1044. Revision to statute of limitations for aviation insurance claims (a) In general Section 44309(c) (1) By inserting after time limitations. A claim under the authority of this chapter against the United States shall be forever barred unless it is presented in writing to the Secretary of Transportation within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary. (2) by striking , under section 2401 (3) by striking subsection (a) of (b) Effective date The amendments made by subsection (a) shall apply only with respect to claims arising after the date of the enactment of this Act. 1045. Transfer of functions of the Veterans’ Advisory Board on Dose Reconstruction to the Secretaries of Veterans Affairs and Defense Section 601 of the Veterans Benefits Act of 2003 ( Public Law 108–183 601. Radiation Dose Reconstruction Program of the Department of Defense (a) Review and oversight The Secretary of Veterans Affairs and the Secretary of Defense shall jointly take appropriate actions to ensure the on-going independent review and oversight of the Radiation Dose Reconstruction Program of the Department of Defense. (b) Duties In carrying out subsection (a), the Secretaries shall— (1) conduct periodic, random audits of dose reconstructions under the Radiation Dose Reconstruction Program and of decisions by the Department of Veterans Affairs on claims for service connection of radiogenic diseases; (2) communicate to veterans information on the mission, procedures, and evidentiary requirements of the Program; and (3) carry out such other activities with respect to the review and oversight of the Program as the Secretaries shall jointly specify. (c) Recommendations The Secretaries may make such recommendations on modifications in the mission or procedures of the Program as they consider appropriate as a result of the audits conducted under subsection (b)(1). . 1046. Authority to accept certain voluntary services Section 1588(a) (10) Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned. . 1047. Transfer of Administration of Ocean Research Advisory Panel From Department of the Navy to National Oceanic and Atmospheric Administration (a) Authority for Ocean Research Advisory Panel Subsection (a) of section 7903 (1) in the matter preceding paragraph (1)— (A) by inserting , through the Administrator of the National Oceanic and Atmospheric Administration, The Council (B) by striking Panel consisting Panel. The Panel shall consist (C) by striking chairman Administrator of the National Oceanic and Atmospheric Administration, on behalf of the Council (2) in paragraph (1), by striking National Academy of Science National Academies (3) by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (b) Responsibilities of panel Subsection (b) of such section is amended— (1) by inserting , through the Administrator of the National Oceanic and Atmospheric Administration, The Council (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by striking paragraph (2) and inserting the following new paragraphs (2) and (3): (2) To advise the Council on the determination of scientific priorities and needs. (3) To provide the Council strategic advice regarding national ocean program execution and collaboration. . (c) Funding To support activities of panel Subsection (c) of such section is amended by striking Secretary of the Navy Secretary of Commerce 1048. Repeal and modification of reporting requirements (a) Title 10, United States Code Title 10, United States Code, is amended as follows: (1) Section 1073b (2) The table of sections at the beginning of chapter 55 (b) National Defense Authorization Acts (1) Fiscal year 2013 Section 112 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 (2) Fiscal year 2012 Subsection (b) of section 1043 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 Public Law 113–66 (b) Form of reports Any report under subsection (a) may be submitted in classified form. . (3) Fiscal year 2008 Section 330(e)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 68), as most recently amended by section 332 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1697), is amended by adding at the end the following new sentence: However, a report is not required under this paragraph for any fiscal year during which the Secretary concerned did not use the authority in subsection (a). (4) Fiscal year 2004 Subsection (d) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 Public Law 113–66 (A) in the heading, by striking quarterly annual (B) in paragraph (1)— (i) by striking fiscal-year quarter fiscal year (ii) by striking quarter fiscal year (C) in paragraph (2), by striking all of the quarterly reports that were the report (c) Inclusion of extremity trauma and amputation center of excellence annual report in the Department of Veterans Affairs and Department of Defense joint annual report on health care coordination and sharing activities (1) Section 723 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4508) is amended by striking subsection (d). (2) Section 8111(f) (6) The two Secretaries shall include in the annual report under this subsection a report on the activities of the Center of Excellence in the Mitigation, Treatment, and Rehabilitation of Traumatic Extremity Injuries and Amputations (established pursuant to section 723 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) during the one-year period ending on the date of such report. Such report shall include a description of the activities of the center and an assessment of the role of such activities in improving and enhancing the efforts of the Department of Defense and the Department of Veterans Affairs for the mitigation, treatment, and rehabilitation of traumatic extremity injuries and amputations. . XI Civilian personnel matters 1101. Modifications to Biennial Strategic Workforce Plan relating to senior management, functional, and technical workforce of the Department of Defense (a) Senior management workforce Subsection (c) of section 115b (1) by striking paragraph (1) and inserting the following: (1) Each strategic workforce plan under subsection (a) shall— (A) specifically address the shaping and improvement of the senior management workforce of the Department of Defense; and (B) include an assessment of the senior functional and technical workforce of the Department of Defense within the appropriate functional community. ; and (2) in paragraph (2), by striking such senior management, functional, and technical workforce such senior management workforce and such senior functional and technical workforce (b) Highly qualified experts Such section is further amended— (1) in subsection (b)(2), by striking subsection (f)(1) subsection (h)(1) or (h)(2) (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following new subsection (f): (f) Highly qualified experts (1) Each strategic workforce plan under subsection (a) shall include an assessment of the workforce of the Department of Defense comprised of highly qualified experts appointed pursuant to section 9903 HQE workforce (2) For purposes of paragraph (1), each plan shall include, with respect to the HQE workforce— (A) an assessment of the critical skills and competencies of the existing HQE workforce and projected trends in that workforce based on expected losses due to retirement and other attrition; (B) specific strategies for attracting, compensating, and motivating the HQE workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies; (C) any incentives necessary to attract or retain HQE personnel; (D) any changes that may be necessary in resources or in the rates or methods of pay needed to ensure the Department has full access to appropriately qualified personnel; and (E) any legislative changes that may be necessary to achieve HQE workforce goals. . (c) Definitions Subsection (h) of such section (as redesignated by subsection (b)(2)) is amended to read as follows: (h) Definitions In this section: (1) The term senior management workforce of the Department of Defense (A) Appointees in the Senior Executive Service under section 3131 (B) Persons serving in the Defense Intelligence Senior Executive Service under section 1606 of this title. (2) The term senior functional and technical workforce of the Department of Defense (A) Persons serving in positions described in section 5376(a) (B) Scientists and engineers appointed pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 Public Law 106–398 (C) Scientists and engineers appointed pursuant to section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 5 U.S.C. 3104 (D) Persons serving in Intelligence Senior Level positions under section 1607 (3) The term acquisition workforce section 1721 . (d) Conforming amendment The heading of subsection (c) of such section is amended to read as follows: Senior management workforce; senior functional and technical workforce.— (e) Formatting of annual report Subsections (d)(1) and (e)(1) of such section are amended by striking include a separate chapter to 1102. Authority to provide additional compensation for defense clandestine service employees Section 1603 (c) Additional compensation for employees of the defense clandestine service In addition to the authority to provide compensation under subsection (a), the Secretary of Defense may provide civilian employees of the Defense Clandestine Service allowances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law, if the Secretary determines such action is necessary to the operational effectiveness of the Defense Clandestine Service. . 1103. Pilot program for the temporary exchange of financial management personnel (a) Assignment authority The Secretary of Defense may, with the agreement of the private sector organization concerned, arrange for the temporary assignment of an employee to such private sector organization, or from such private sector organization to a Department of Defense organization under this section. An employee shall be eligible for such an assignment only if the employee— (1) works in the field of financial management; (2) is considered by the Secretary of Defense to be an exceptional employee; and (3) is compensated at not less than the GS–11 level (or the equivalent). (b) Agreements The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement— (1) shall require, in the case of an employee of the Department of Defense, that upon completion of the assignment, the employee will serve in the civil service for a period at least equal to three times the length of the assignment, unless the employee is sooner involuntarily separated from the service of the employee’s agency; and (2) shall provide that if the employee of the Department of Defense or of the private sector organization (as the case may be) fails to carry out the agreement, or if the employee is voluntarily separated from the service of the employee’s agency before the end of the period stated in the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment unless that failure or voluntary separation was for good and sufficient reason, as determined by the Secretary of Defense. An amount for which an employee is liable under paragraph (2) shall be treated as a debt due the United States. The Secretary may waive, in whole or in part, collection of such a debt based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States. (c) Termination An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private sector organization concerned. (d) Duration An assignment under this section shall be for a period of not less than three months and not more than one year. No assignment under this section may commence after September 30, 2019. (e) Status of Federal employees assigned to private sector organization An employee of the Department of Defense who is temporarily assigned to a private sector organization under this section shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. The written agreement established under subsection (b) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee. (f) Terms and conditions for private sector employees An employee of a private sector organization who is assigned to a Department of Defense organization under this section— (1) shall continue to receive pay and benefits from the private sector organization from which such employee is assigned; (2) is deemed to be an employee of the Department of Defense for the purposes of— (A) chapter 73 (B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code, and any other conflict of interest statute; (C) sections 1343, 1344, and 1349(b) of title 31, United States Code; (D) the Federal Tort Claims Act and any other Federal tort liability statute; (E) the Ethics in Government Act of 1978; (F) section 1043 (G) chapter 21 (H) subchapter I of chapter 81 (3) may not have access, while the employee is assigned to a Department of Defense organization, to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned. (g) Prohibition against charging certain costs to the Federal Government A private sector organization may not charge the Department of Defense or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department of Defense organization under this section for the period of the assignment. (h) Consideration The Secretary of Defense shall take into consideration the question of how assignments might best be used to help meet the needs of the Department of Defense with respect to the training of employees in financial management. (i) Numerical limitation Not more than five Department of Defense employees may be assigned to private sector organizations under this section, and not more than five employees of private sector organizations may be assigned to the Department of Defense under this section, at any given time. XII Matters relating to foreign nations 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 (a) Authority In the case of a product or service to be acquired in support of Department of Defense activities in the United States Africa Command area of responsibility for which the Secretary of Defense makes a determination described in subsection (b), the Secretary may conduct a procurement in which— (1) competition is limited to products or services that are from Djibouti; or (2) a preference is provided for products or services that are from Djibouti. (b) Determination (1) A determination described in this subsection is a determination by the Secretary of either of the following: (A) That the product or service concerned is to be used only in support of activities described in subsection (a). (B) That it is in the national security interest of the United States to limit competition or provide a preference as described in subsection (a) because such limitation or preference is necessary— (i) to reduce— (I) United States transportation costs; or (II) delivery times in support of activities described in subsection (a); or (ii) to promote regional security, stability, and economic prosperity in Africa. (2) A determination under paragraph (1)(B) shall not be effective for purposes of a limitation or preference under subsection (a) unless the Secretary also determines that the limitation or preference will not adversely affect— (A) United States military operations or stability operations in the United States Africa Command area of responsibility; or (B) the United States industrial base. (c) Products and services from Djibouti For the purpose of this section: (1) A product is from Djibouti if it is mined, produced, or manufactured in Djibouti. (2) A service is from Djibouti if it is performed in Djibouti by citizens or residents of Djibouti. 1202. Permanent and global authority for use of acquisition and cross-servicing agreements to lend certain military equipment to certain foreign forces for personnel protection and survivability (a) Codification of permanent authority (1) Enactment in title 10 of section 1202 acquisition and cross-servicing agreement authority Chapter 138 section 2342 (A) a heading as follows: 2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability ; and (B) a text consisting of the text of subsections (a) through (d) of section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (2) Clerical amendment The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 2342 the following new item: 2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability. . (b) Revisions to codified section The revisions to the text specified in subsection (a)(1)(B) are as follows: (1) Global authority In subsection (a)(1)— (A) insert military or stability combined (B) strike in Afghanistan (2) Conforming amendments In subsection (a)(3)— (A) in subparagraph (A), strike Afghanistan a combined military or stability operation with the United States (B) in subparagraph (C), strike Afghanistan or a a combined military or stability operation or (3) Reporting exception In subsection (a)(5)— (A) insert (A) Equipment may not (B) add at the end the following: (B) Exception The notice required in subparagraph (A) shall not be required when the equipment to be loaned is intended to be used— (i) in a facility that is under the control of the United States; or (ii) in connection with training directed by United States personnel. . (4) Waiver in the case of combat loss of equipment At the end of subsection (a), insert the following new paragraph: (6) Waiver of reimbursement in the case of combat loss (A) Authority In the case of equipment provided to the military forces of another nation under the authority of this section that is damaged or destroyed as a result of combat operations while held by those forces, the Secretary of Defense may, with respect to such equipment, waive any other applicable requirement under this subchapter for— (i) reimbursement; (ii) replacement-in-kind; or (iii) exchange of supplies or services of an equal value. (B) Limitations Any waiver under this subsection may be made only on a case-by-case basis. Any waiver under this subsection may be made only if the Secretary determines that the waiver is in the national security interest of the United States. . (5) Technical and clerical amendments (A) In subsection (a)(1), strike under subchapter I of chapter 138 (B) In subsection (d)(2)(B), strike Committee on International Relations Committee on Foreign Affairs (c) Repeal Section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 (d) Retroactive application of waiver authority The authority in subsection (a)(6) of section 2342a 1203. Revisions to Global Security Contingency Fund authority (a) Types of assistance Subsection (c)(1) of section 1207 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 22 U.S.C. 2151 the provision of equipment, supplies, and training. the provision of the following: (A) Equipment, including routine maintenance and repair of such equipment. (B) Supplies. (C) Small-scale construction not exceeding $750,000. (D) Training. . (b) Transfer authority Subsection (f)(1) of such section is amended by striking for Defense-wide activities (c) Two-Year extension of availability of funds Subsection (i) of such section is amended by striking September 30, 2015 September 30, 2017 (d) Extension of expiration date Subsection (p) of such section is amended— (1) by striking September 30, 2015 September 30, 2017 (2) by striking funds available for fiscal years 2012 through 2015 funds available for a fiscal year beginning before that date 1204. Increase in annual limitation on transfer of excess defense articles Section 516(g)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(g)(1) $425,000,000 $500,000,000 1205. One-year extension of Afghan Special Immigrant Visa Program (a) Extension Section 602(b)(3)(D) of the Afghan Allies Protection Act of 2009 (title VI of Public Law 111–8 (1) in the subparagraph heading, by striking fiscal year fiscal years (2) by striking For fiscal year 2014 For each of fiscal years 2014 and 2015 (3) by inserting per year 3,000 (4) by striking in fiscal year 2014 in fiscal years 2014 and 2015 (5) by striking of fiscal year 2015 of fiscal year 2016 (6) by striking September 30, 2014 September 30, 2015 (b) Technical amendments (1) Section 601 of such Act is amended by striking This Act This title (2) Section 602(c)(3) of such Act is amended by striking section 4 of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403 section 133 of title 41, United States Code 1206. Enhanced authority for provision of support to foreign military liaison officers of foreign countries while assigned to the Department of Defense (a) Eligibility Subsection (a) of section 1051a (1) in the matter preceding paragraph (1)— (A) by striking The Secretary of Defense Subject to subsection (d), the Secretary of Defense (B) by striking involved in a military operation with the United States (C) by striking temporarily (2) in paragraph (1)— (A) by striking , component command, (B) by striking in connection with the planning for, or conduct of, a military operation (3) in paragraph (2), by striking To the headquarters of To the Joint Staff. (b) Travel, subsistence, and medical care expenses Subsection (b) of such section is amended— (1) in paragraph (1)— (A) by striking to the headquarters of a combatant command (B) by inserting or by the Chairman of the Joint Chiefs of Staff, as appropriate (2) in paragraph (3), by striking if such travel if such travel meets each of the following conditions: (A) The travel is in support of the national interests of the United States. (B) The commander of the relevant combatant command or the Chairman of the Joint Chiefs of Staff, as applicable, directs round-trip travel from the assigned location to one or more travel locations. . (c) Terms of reimbursement Subsection (c) of such section is amended— (1) by striking To the extent that the Secretary determines appropriate, the The (2) by adding at the end the following new sentence: The terms of reimbursement shall be specified in the appropriate international agreement used to assign the liaison officer to a combatant command or to the Joint Staff. (d) Limitations and oversight Such section is further amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsection (d): (d) Limitations and oversight (1) The number of liaison officers supported under subsection (b)(1) may not exceed 60 at any one time, and the amount of unreimbursed support for any such liaison officer under that subsection in any fiscal year may not exceed $200,000 (in fiscal year 2014 constant dollars). (2) The Chairman of the Joint Chiefs of Staff shall be responsible for oversight of the use of the authority under this section, including implementation of the limitations in paragraph (1). . (e) Secretary of state concurrence Such section is further amended by inserting after subsection (d), as added by subsection (d)(2), the following new subsection (e): (e) Secretary of state concurrence The authority of the Secretary of Defense to provide administrative services and support under subsection (a) for the performance of duties by a liaison officer of another nation may be exercised only with respect to a liaison officer of another nation whose assignment as described in that subsection is accepted by the Secretary of Defense with the concurrence of the Secretary of State. . (f) Definition Subsection (f) of such section, as redesignated by subsection (d)(1), is amended by inserting training programs conducted to familiarize, orient, or certify liaison personnel regarding unique aspects of the assignments of the liaison personnel, police protection, XIII Other authorizations A Military programs 1301. Working Capital Funds Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the armed forces and other activities and agencies of the Department of Defense for providing capital for Defense Working Capital Funds in the amount of $1,234,468,000. 1302. Joint Urgent Operational Needs Fund Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Urgent Operational Needs Fund in the amount of $20,000,000. 1303. Chemical Agents and Munitions Destruction, Defense (a) Authorization of appropriations Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $828,868,000, of which— (1) $222,728,000 is for Operation and Maintenance; (2) $595,913,000 is for Research, Development, Test, and Evaluation; and (3) $10,227,000 is for Procurement. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1304. Drug Interdiction and Counter-Drug Activities, Defense-Wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $820,687,000. 1305. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $311,830,000, of which— (1) $310,830,000 is for Operation and Maintenance; and (2) $1,000,000 is for Procurement. 1306. Defense Health Program Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $31,994,918,000, of which— (1) $31,031,911,000 is for Operation and Maintenance; (2) $654,594,000 is for Research, Development, Test, and Evaluation; and (3) $308,413,000 is for Procurement. B Other matters 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 (a) Authority for transfer of funds Of the funds authorized to be appropriated for section 507 and available for the Defense Health Program for operation and maintenance, $146,857,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 (b) Use of transferred funds For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 1312. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2015 from the Armed Forces Retirement Home Trust Fund the sum of $63,400,000 for the operation of the Armed Forces Retirement Home. XIV Uniformed and Overseas Citizens Absentee Voting Act amendments 1401. Pre-election reporting requirements on availability and transmission of absentee ballots (a) In general Subsection (c) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is amended— (1) by designating the text of that subsection as paragraph (3) and indenting that paragraph, as so designated, two ems from the left margin; and (2) by inserting before paragraph (3), as so designated, the following new paragraphs: (1) Pre-election report on absentee ballot availability Not later than 55 days before any election for Federal office held in a State, such State shall submit a report to the Attorney General and the Presidential designee, and make that report publicly available that same day, certifying that absentee ballots are available for transmission to absentee voters, or that it is aware of no circumstances that will prevent absentee ballots from being available for transmission by 46 days before the election. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election. (2) Pre-election report on absentee ballots transmitted Not later than 43 days before any election for Federal office held in a State, such State shall submit a report to the Attorney General and the Presidential designee, and make that report publicly available that same day, certifying whether all absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 46th day before the election have been transmitted to such voters by such date. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election. . (b) Conforming amendments (1) Subsection heading The heading for such subsection is amended to read as follows: Reports on absentee ballots (2) Paragraph heading Paragraph (3) of such subsection, as designated by subsection (a)(1), is amended by inserting Post-election report on number of absentee ballots transmitted and received Not later than 90 days 1402. Transmission requirements; repeal of waiver provision (a) In general Subsection (a)(8) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is amended by striking voter— voter by the date and in the manner determined under subsection (g); (b) Ballot transmission requirements and repeal of waiver provision Subsection (g) of such section is amended to read as follows: (g) Ballot transmission requirements (1) Requests received at least 46 days before an election for Federal office For purposes of subsection (a)(8), in a case in which a valid request for an absentee ballot is received at least 46 days before an election for Federal office, the following rules shall apply: (A) Time for transmittal of absentee ballot The State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time (i) General rule If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide, at the State’s expense, for the return of such ballot by express delivery. (iii) Enforcement A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to effectuate the purposes of this Act. (2) Requests received after 46th day before an election for Federal office For purposes of subsection (a)(8), in a case in which a valid request for an absentee ballot is received less than 46 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request. . 1403. Clarification of State responsibility, civil penalties, and private right of action (a) Enforcement Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–4 105. Enforcement (a) In general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. In any such action, the only necessary party defendant is the State. It shall not be a defense to such action that local election officials are not also named as defendants. (b) Civil penalty In a civil action brought under subsection (a), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State— (1) in an amount not exceeding $110,000, for a first violation; and (2) in an amount not exceeding $220,000, for any subsequent violation. (c) Annual report to Congress Not later than December 31 of each year, the Attorney General shall submit to Congress a report on any civil action brought under subsection (a) during that year. (d) Private right of action A person who is aggrieved by a State's violation of this Act may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this Act. (e) Attorney's fees In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney's fees, including litigation expenses, and costs. . (b) Repeal of clarification regarding delegation of State responsibility Section 576 of the Military and Overseas Voter Empowerment Act ( 42 U.S.C. 1973ff–1 1404. Technical clarifications to conform to 2009 MOVE Act amendments related to the Federal write-in absentee ballot (a) State responsibilities Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)(3)) is amended by striking general (b) Write-In absentee ballots Section 103 of such Act ( 42 U.S.C. 1973ff–2 (1) by striking general (2) by striking general 1405. Treatment of ballot requests (a) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–3 (1) by striking A State may not (a) Prohibition of refusal of applications on grounds of early submission A State may not ; (2) by inserting or overseas voter an absent uniformed services voter (3) by striking members of the uniformed services (4) by inserting voters or overseas voters (5) by adding at the end the following new subsection: (b) Application treated as valid for subsequent elections (1) In general If a State accepts and processes a request for an absentee ballot by an absent uniformed services voter or overseas voter and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), and any special elections for Federal office held in the State through the calendar year following such general election, the State shall provide an absentee ballot to the voter for each such subsequent election. (2) Exception for voters changing registration Paragraph (1) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State. . (b) Conforming amendment The heading of such section is amended to read as follows: 104. Treatment of ballot requests . 1406. Inclusion of Northern Mariana Islands in the definition of State Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–6 and American Samoa American Samoa, and the Commonwealth of the Northern Mariana Islands 1407. Requirement for Presidential designee to revise the Federal post card application to allow voters to designate ballot requests (a) Requirement The Presidential designee shall ensure that the official post card form (prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2))) enables a voter using the form to— (1) request an absentee ballot for each election for Federal office held in a State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election) and any special elections for Federal office held in the State through the calendar year following such general election; or (2) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in paragraph (1). (b) Definition In this section, the term Presidential designee 42 U.S.C. 1973ff(a) 1408. Requirement of plurality vote for Virgin Islands and Guam Federal elections Section 2(a) of the Act entitled An Act to provide that the unincorporated territories of Guam and the Virgin Islands shall each be represented in Congress by a Delegate to the House of Representatives 48 U.S.C. 1712(a) (1) by striking majority plurality (2) by striking the fourth sentence. 1409. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the Federal Voting Assistance Program (a) Elimination of reports for non-Election years Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended— (1) by striking March 31 of each year June 30 of each odd-numbered year (2) by striking the following information the following information with respect to the Federal elections held during the preceding calendar year (b) Conforming amendments Such section is further amended— (1) by striking annual report biennial report (2) by striking In the case of a description A description XV Authorization of additional appropriations for overseas contingency operations [RESERVED] XVI Consolidation and modernization of statutes relating to the Department of Defense Cooperative Threat Reduction Program 1601. Short title; table of contents (a) Short title This title may be cited as the Department of Defense Cooperative Threat Reduction Act (b) Table of contents The table of contents for this title is as follows: Sec. 1601. Short title; table of contents. Subtitle A—Program authorities Sec. 1611. Authority to carry out the Department of Defense Cooperative Threat Reduction Program. Sec. 1612. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities. Sec. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities. Sec. 1614. Use of funds for other purposes or for increased amounts. Sec. 1615. Use of contributions to the Department of Defense Cooperative Threat Reduction Program. Subtitle B—Restrictions and limitations Sec. 1621. Prohibition on use of funds for specified purposes. Sec. 1622. Requirement for on-site managers. Sec. 1623. Limitation on use of funds until certain permits obtained. Subtitle C—Recurring certifications and reports Sec. 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities. Sec. 1632. Requirement to submit summary of amounts requested by project category. Sec. 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program. Sec. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program. Subtitle D—Repeals and transition provision Sec. 1641. Repeals. Sec. 1642. Transition provision. A Program authorities 1611. Authority to carry out the Department of Defense Cooperative Threat Reduction Program (a) Authority Subject to any concurrence of the Secretary of State or other appropriate agency head under section 1612 or section 1613 (unless such concurrence is otherwise exempted by section 1642), the Secretary of Defense may, carry out a program, referred to as the Department of Defense Cooperative Threat Reduction Program (1) Facilitate the elimination, and the safe and secure transportation and storage, of chemical, biological, or other weapons, weapons components, weapons-related materials, and their delivery vehicles. (2) Facilitate— (A) the safe and secure transportation and storage of nuclear weapons, nuclear weapons-usable or high-threat radiological materials, nuclear weapons components, and their delivery vehicles; and (B) the elimination of nuclear weapons components and nuclear weapons delivery vehicles. (3) Prevent the proliferation of nuclear and chemical weapons, weapons components, and weapons-related materials, technology and expertise. (4) Prevent the proliferation of biological weapons, weapons components, and weapons-related materials, technology and expertise, which may include activities that facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be utilized as an early warning mechanism for disease outbreaks that could impact the armed forces of the United States or allies of the United States. (5) Prevent the proliferation of weapons of mass destruction-related materials, including all materials, equipment, and technology that could be used for the design, development, production, or use of nuclear, chemical, and biological weapons and their means of delivery. (6) Carry out military-to-military and defense contacts for advancing the mission of the Department of Defense Cooperative Threat Reduction Program, subject to subsection (e). (b) Scope of authority The authority to carry out the Program in subsection (a) includes authority to provide equipment, goods, and services, but does not include authority to provide cash directly to such project or activity. (c) Type of program The Program carried out under subsection (a) may involve assistance in planning and in resolving technical problems associated with weapons destruction and proliferation. Such cooperation may also involve the funding of critical short-term requirements related to weapons destruction. (d) Reimbursement of other agencies The Secretary of Defense may reimburse other United States Government departments and agencies under this section for costs of participation in the Program carried out under subsection (a). (e) Military-to-Military and defense contacts The Secretary of Defense shall ensure that the military-to-military and defense contacts carried out under subsection (a)(6)— (1) are focused and expanded to support specific relationship-building opportunities, which could lead to Department of Defense Cooperative Threat Reduction Program development in new geographic areas and achieve other Department of Defense Cooperative Threat Reduction Program benefits; (2) are directly administered as part of the Department of Defense Cooperative Threat Reduction Program; and (3) include cooperation and coordination with— (A) the unified combatant commands; and (B) the Department of State. (f) Prior notice to Congress of obligation of funds (1) Annual requirement Not less than 15 days before any obligation of any funds appropriated for any fiscal year for a program specified under this section, the Secretary of Defense shall submit to the congressional defense committees a report on that proposed obligation for that program for that fiscal year. (2) Matters to be specified in reports Each such report shall specify— (A) the activities and forms of assistance for which the Secretary of Defense plans to obligate funds; (B) the amount of the proposed obligation; and (C) the projected involvement (if any) of any department or agency of the United States (in addition to the Department of Defense) and of the private sector of the United States in the activities and forms of assistance for which the Secretary of Defense plans to obligate such funds. 1612. Use of Department of Defense Cooperative Threat Reduction funds for certain emergent threats or opportunities (a) Authority For purposes of the Program specified in section 1611, the Secretary of Defense may obligate and expend Department of Defense Cooperative Threat Reduction funds for a fiscal year, and any Department of Defense Cooperative Threat Reduction funds for a fiscal year before such fiscal year that remain available for obligation, for a proliferation threat reduction project or activity if the Secretary of Defense, with the concurrence of the Secretary of State, determines each of the following: (1) That such project or activity will— (A) assist the United States in the resolution of a critical emerging proliferation threat; or (B) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals. (2) That such project or activity will be completed in a short period of time. (3) That the Department of Defense is the entity of the Federal Government that is most capable of carrying out such project or activity. (b) Congressional notification Not later than 10 days after obligating funds under the authority in subsection (a) for a project or activity, the Secretary of Defense shall notify the congressional defense committees and the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in writing of the determinations made under subsection (a) with respect to such project or activity, together with— (1) a justification for such determinations; and (2) a description of the scope and duration of such project or activity. (c) Non-Defense agency partner-Nation contacts For military-to-military and defense contacts carried out under section 1611(a)(6), as further described in section 1611(e), concurrence of the Secretary of State is required only for participation by personnel from non-defense agencies. 1613. Department of Defense Cooperative Threat Reduction Program authority for urgent threat reduction activities (a) In general Subject to the requirements under subsection (b) or (c), as applicable, not more than 15 percent of the total amounts appropriated or otherwise made available for any fiscal year for the Department of Defense Cooperative Threat Reduction Program may be expended, notwithstanding any other law, for activities described under subsections (b)(1)(B) and (c)(1)(B). (b) Secretary of Defense determination and notice (1) Determination Subject to paragraph (2), amounts may be expended by the Secretary of Defense as described in subsection (a) if the Secretary makes a written determination that— (A) a threat arising from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently; (B) certain provisions of law would unnecessarily impede the Secretary’s ability to carry out activities of the Department of Defense Cooperative Threat Reduction Program to address that threat; and (C) it is necessary to expend amounts as described in subsection (a) to carry out such activities. (2) Concurrence required A determination by the Secretary of Defense under paragraph (1) may only be made with the concurrence of the Secretary of State and the Secretary of Energy. (3) Notice required Not later than 15 days after obligating or expending funds under the authority provided in subsection (a), the Secretary of Defense shall, after consultation with the Secretary of State, notify the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of the determination made under paragraph (1). The notice shall include the following: (A) The determination. (B) The activities to be undertaken by the Department of Defense Cooperative Threat Reduction Program. (C) The expected timeframe for such activities. (D) The expected costs of such activities. (c) Presidential determination and notice (1) Determination Amounts may be made available if the President makes a written determination that— (A) a threat arising from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently in an ungoverned area or an area that is not controlled by an effective governmental authority, as determined by the Secretary of State; and (B) it is necessary to make available amounts as described in subsection (a) to carry out activities of the Department of Defense Cooperative Threat Reduction Program to address that threat. (2) Notice required Not later than 15 days after obligating or expending funds under the authority provided in subsection (a), the Secretary of Defense shall, after consultation with the Secretary of State, notify the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of the determination made under paragraph (1). The notice shall include the following: (A) The determination. (B) The activities to be undertaken through the Department of Defense Cooperative Threat Reduction Program. (C) The expected timeframe for such activities. (D) The expected costs of such activities. 1614. Use of funds for other purposes or for increased amounts (a) Notice to Congress of intent To use funds for other purposes (1) Report For any fiscal year for which amounts are specifically authorized in an Act other than an appropriations Act for specific purposes (specified by law) within the Department of Defense Cooperative Threat Reduction Program, amounts appropriated or otherwise made available for the Department of Defense Cooperative Threat Reduction Program for that fiscal year may be obligated or expended for a Department of Defense Cooperative Threat Reduction purpose other than one of the purposes so specified if— (A) the Secretary of Defense determines that it is necessary to do so in the national interest; and (B) the requirements of subsection (c) have been met. (2) Construction with other laws Nothing in paragraph (1) shall be construed as authorizing the obligation or expenditure of Department of Defense Cooperative Threat Reduction Program funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under any provision of law. (b) Limited authority To vary individual amounts provided for any fiscal year for specified purposes For any fiscal year for which amounts are specifically authorized in an Act other than an appropriations Act for specific purposes (specified by law) within the Department of Defense Cooperative Threat Reduction Program, the Secretary of Defense, subject to subsection (c), may obligate funds appropriated or otherwise made available for any such purpose for that fiscal year in excess of the specific amount so authorized for that purpose if— (1) the Secretary of Defense determines that it is necessary to do so in the national interest; and (2) the requirements of subsection (c) have been met. (c) Notice-and-Wait requirements The requirements of this subsection for purposes of subsections (a) and (b) are that— (1) the Secretary submit to the congressional defense committees notification of the intent to obligate funds as described in subsection (a) or (b), together with a complete discussion of the justification for doing so and, in the case of a report for purposes of subsection (a), a statement of the purpose for which the funds will be used and the amount of funds to be used; and (2) 15 days have elapsed following the date of the notification. 1615. Use of contributions to the Department of Defense Cooperative Threat Reduction Program (a) Authority To enter into agreements (1) Authority Subject to paragraph (2), the Secretary of Defense may enter into one or more agreements with any person (including a foreign government, international organization, multinational entity, or any other entity) that the Secretary of Defense considers appropriate under which the person contributes funds for activities conducted under the Department of Defense Cooperative Threat Reduction Program. (2) Requirement for secretary of state concurrence The Secretary of Defense may enter into an agreement under this subsection only with the concurrence of the Secretary of State. (b) Retention and use of amounts Notwithstanding section 3302 (c) Return of amounts not obligated or expended within three years If the Secretary of Defense does not obligate or expend an amount contributed pursuant to subsection (a) by the date that is three years after the date on which the contribution was made, the Secretary shall return the amount to the person who made the contribution. (d) Notice to congressional defense committees (1) In general Not later than 30 days after receiving an amount contributed pursuant to subsection (a), the Secretary of Defense shall submit to the congressional defense committees a notice— (A) specifying the value of the contribution and the purpose for which the contribution was made; and (B) identifying the person who made the contribution. (2) Limitation on use of amounts The Secretary of Defense may not obligate an amount contributed pursuant to subsection (a) until the date that is 15 days after the date on which the Secretary submits the notice required by paragraph (1). (e) Annual report Not later than the first Monday in February of each year, the Secretary of Defense shall submit to the congressional defense committees a report on amounts contributed pursuant to subsection (a) during the preceding fiscal year. Each such report shall include, for the fiscal year covered by the report, the following: (1) A statement of any amounts contributed pursuant to subsection (a), including, for each such amount, the value of the contribution and the identity of the person who made the contribution. (2) A statement of any amounts so contributed that were obligated or expended by the Secretary of Defense, including, for each such amount, the purposes for which the amount was obligated or expended. (3) A statement of any amounts so contributed that were retained but not obligated or expended, including, for each such amount, the purposes (if known) for which the Secretary of Defense intends to obligate or expend the amount. (f) Implementation plan The Secretary of Defense shall submit to the congressional defense committees an implementation plan for the authority provided under this section prior to obligating or expending any amounts contributed pursuant to subsection (a). The Secretary of Defense shall submit updates to such plan as needed. B Restrictions and limitations 1621. Prohibition on use of funds for specified purposes (a) In general Funds appropriated for the Department of Defense Cooperative Threat Reduction Program may not be obligated or expended for any of the following purposes: (1) Conducting any peacekeeping exercise or other peacekeeping-related activity. (2) Provision of housing. (3) Provision of assistance to promote environmental restoration. (4) Provision of assistance to promote job retraining. (5) Provision of assistance to promote defense conversion. (b) Limitation with respect to conventional weapons Funds appropriated for the Department of Defense Cooperative Threat Reduction Program may not be obligated or expended for elimination of— (1) conventional weapons; or (2) conventional weapons delivery vehicles, unless such delivery vehicles could reasonably be used or adapted to be used for the delivery of chemical, nuclear, or biological weapons. 1622. Requirement for on-site managers (a) On-Site manager requirement Before obligating any Department of Defense Cooperative Threat Reduction Program funds for a project described in subsection (b), the Secretary of Defense shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government. (b) Projects covered Subsection (a) applies to a project— (1) to be located in a state of the former Soviet Union; (2) which involves dismantlement, destruction, or storage facilities, or construction of a facility; and (3) with respect to which the total contribution by the Department of Defense is expected to exceed $50,000,000. (c) Duties of on-Site manager The on-site manager appointed under subsection (a) shall— (1) develop, in cooperation with representatives from governments of states participating in the project, a list of those steps or activities critical to achieving the project’s disarmament or nonproliferation goals; (2) establish a schedule for completing those steps or activities; (3) meet with all participants to seek assurances that those steps or activities are being completed on schedule; and (4) suspend United States participation in a project when a non-United States participant fails to complete a scheduled step or activity on time, unless directed by the Secretary of Defense to resume United States participation. (d) Authority To manage more than one project (1) Subject to paragraph (2), an employee of the Federal Government may serve as on-site manager for more than one project, including projects at different locations. (2) If such an employee serves as on-site manager for more than one project in a fiscal year, the total cost of the projects for that fiscal year may not exceed $150,000,000. (e) Steps or activities Steps or activities referred to in subsection (c)(1) are those activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following: (1) Identification and acquisition of permits (as defined in section 1623). (2) Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification. (3) Timely provision of financial, personnel, management, transportation, and other resources. (f) Notification to Congress In any case in which the Secretary of Defense directs an on-site manager to resume United States participation in a project under subsection (c)(4), the Secretary shall concurrently notify the congressional defense committees of such direction. 1623. Limitation on use of funds until certain permits obtained (a) In general The Secretary of Defense shall seek to obtain all the permits required to complete each phase of construction of a project under the Department of Defense Cooperative Threat Reduction Program in a state of the former Soviet Union before obligating significant amounts of funding for that phase of the project. (b) Use of funds for new construction projects Except as provided in subsection (c), with respect to a new construction project to be carried out by the Department of Defense Cooperative Threat Reduction Program, not more than 40 percent of the total costs of the project may be obligated from Department of Defense Cooperative Threat Reduction Program funds for any fiscal year until the Secretary of Defense— (1) determines the number and type of permits that may be required for the lifetime of the project in the proposed location or locations of the project; and (2) obtains from the State in which the project is to be located any permits that may be required to begin construction. (c) Exception to limitations on use of funds The limitation in subsection (b) on the obligation of funds for a construction project otherwise covered by such subsection shall not apply with respect to the obligation of funds for a particular project if the Secretary of Defense— (1) determines that it is necessary in the national interest to obligate funds for such project; and (2) submits to the congressional defense committees a notification of the intent to obligate funds for such project, together with a complete discussion of the justification for doing so. (d) Definitions In this section, with respect to a project under the Department of Defense Cooperative Threat Reduction Program: (1) New construction project The term new construction project (2) Permit The term permit C Recurring certifications and reports 1631. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities Not later than the first Monday of February each year, the Secretary of Defense shall submit to the congressional defense committees a certification for each facility for a Cooperative Threat Reduction project or activity for which construction occurred during the preceding fiscal year on matters as follows: (1) Whether or not such facility will be used for its intended purpose by the government of the state of the former Soviet Union in which the facility is constructed. (2) Whether or not the government of such state remains committed to the use of such facility for its intended purpose. (3) Whether those actions needed to ensure security at the facility, including secure transportation of any materials, substances, or weapons to, from, or within the facility, have been taken. 1632. Requirement to submit summary of amounts requested by project category (a) Summary required The Secretary of Defense shall submit to the congressional defense committees in the materials and manner specified in subsection (c)— (1) a descriptive summary, with respect to the appropriations requested for the Department of Defense Cooperative Threat Reduction Program for the fiscal year after the fiscal year in which the summary is submitted, of the amounts requested for each project category under each Department of Defense Cooperative Threat Reduction program element; and (2) a descriptive summary, with respect to appropriations for the Department of Defense Cooperative Threat Reduction Program for the fiscal year in which the list is submitted and the previous fiscal year, of the amounts obligated or expended, or planned to be obligated or expended, for each project category under each Department of Defense Cooperative Threat Reduction program element. (b) Description of purpose and intent The descriptive summary required under subsection (a) shall include a narrative description of each program and project category under each Department of Defense Cooperative Threat Reduction program element that explains the purpose and intent of the funds requested. (c) Inclusion in certain materials submitted to Congress The summary required to be submitted in a fiscal year under subsection (a) shall be set forth by project category, and by amounts specified in paragraphs (1) and (2) of that subsection in connection with such project category, in each of the following: (1) The annual report on activities and assistance under the Department of Defense Cooperative Threat Reduction Program required in such fiscal year under section 1633. (2) The budget justification materials submitted to Congress in support of the Department of Defense budget for the fiscal year succeeding such fiscal year (as submitted with the budget of the President under section 1105(a) 1633. Reports on activities and assistance under the Department of Defense Cooperative Threat Reduction Program (a) Annual report In any year in which the budget of the President under section 1105 (b) Deadline for report The report under subsection (a) shall be submitted not later than the first Monday in February of a year. (c) Matters To be included The report under subsection (a) in a year shall set forth the following: (1) An estimate of the total amount that will be required to be expended by the United States in order to achieve the objectives of the Department of Defense Cooperative Threat Reduction Program. (2) A five-year plan setting forth the amount of funds and other resources proposed to be provided by the United States for the Department of Defense Cooperative Threat Reduction Program over the term of the plan, including the purpose for which such funds and resources will be used, and to provide guidance for the preparation of annual budget submissions with respect to the Department of Defense Cooperative Threat Reduction Program. (3) A description of the Department of Defense Cooperative Threat Reduction activities carried out during the fiscal year ending in the year preceding the year of the report, including— (A) the amounts notified, obligated, and expended for such activities and the purposes for which such amounts were notified, obligated, and expended for such fiscal year and cumulatively for the Department of Defense Cooperative Threat Reduction Program; (B) a description of the participation, if any, of each department and agency of the United States Government in such activities; (C) a description of such activities, including the forms of assistance provided; (D) a description of the United States private sector participation in the portion of such activities that were supported by the obligation and expenditure of funds for the Department of Defense Cooperative Threat Reduction Program; and (E) such other information as the Secretary of Defense considers appropriate to inform Congress fully of the operation of Department of Defense Cooperative Threat Reduction programs and activities, including with respect to proposed demilitarization or conversion projects, information on the progress toward demilitarization of facilities and the conversion of the demilitarized facilities to civilian activities. (4) A description of the means (including program management, audits, examinations, and other means) used by the United States during the fiscal year ending in the year preceding the year of the report to ensure that assistance provided under the Department of Defense Cooperative Threat Reduction Program is fully accounted for, that such assistance is being used for its intended purpose, and that such assistance is being used efficiently and effectively, including— (A) if such assistance consisted of equipment, a description of the current location of such equipment and the current condition of such equipment; (B) if such assistance consisted of contracts or other services, a description of the status of such contracts or services and the methods used to ensure that such contracts and services are being used for their intended purpose; (C) a determination whether the assistance described in subparagraphs (A) and (B) has been used for its intended purpose and an assessment of whether the assistance being provided is being used effectively and efficiently; and (D) a description of the efforts planned to be carried out during the fiscal year beginning in the year of the report to ensure that Department of Defense Cooperative Threat Reduction assistance provided during such fiscal year is fully accounted for and is used for its intended purpose. (5) A description of the defense and military activities carried out under the Department of Defense Cooperative Threat Reduction Program, including under the Defense and Military Contacts program during the fiscal year ending in the year preceding the year of the report, including— (A) the amounts obligated or expended for such activities; (B) the strategy, goals, and objectives for which such amounts were obligated and expended; (C) a description of the activities carried out, including the forms of assistance provided, and the justification for each form of assistance provided; (D) the success of each activity, including the goals and objectives achieved for each; (E) a description of participation by private sector entities in the United States in carrying out such activities, and the participation of any other Federal department or agency in such activities; and (F) any other information that the Secretary considers relevant to provide a complete description of the operation and success of activities carried out under the Department of Defense Cooperative Threat Reduction Program. 1634. Metrics for the Department of Defense Cooperative Threat Reduction Program The Secretary of Defense shall implement metrics to measure the impact and effectiveness of activities of the Department of Defense Cooperative Threat Reduction Program to address threats arising from the proliferation of chemical, nuclear, and biological weapons and weapons-related materials, technologies, and expertise. D Repeals and transition provision 1641. Repeals The following provisions of law are repealed: (1) Sections 212, 221, 222, and 231 of the Soviet Nuclear Threat Reduction Act of 1991 (Public Law 102–228; 22 U.S.C. 2551 (2) Sections 1412 and 1431 of the Former Soviet Union Demilitarization Act ( Public Law 102–484 (3) Sections 1203, 1204, 1206, and 1208 of the Cooperative Threat Reduction Act of 1993 (title XII of the National Defense Authorization Act for Fiscal Year 1994; Public Law 103–160; 22 U.S.C. 5952 (4) Section 1205 of the National Defense Authorization Act for Fiscal Year 1996 ( Public Law 104–106 22 U.S.C. 5955 (5) Section 1501 of the National Defense Authorization Act for Fiscal Year 1997 ( Public Law 104–201 (6) Section 1307 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 22 U.S.C. 5952 (7) Section 1303 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 (8) Sections 1303, 1304, 1306, and 1308 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 (9) Section 1304 of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 (10) Sections 1305 and 1306 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 22 U.S.C. 5952 (11) Sections 1303, 1305, 1307, and 1308 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 22 U.S.C. 5960 (12) Sections 1303, 1304, 1305, and 1306 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 22 U.S.C. 5952 1642. Transition provision Any determination made before the date of the enactment of this Act under section 1308(a) of the National Defense Authorization Act for Fiscal Year 2004 (22 U.S.C. 5963(a)) shall be treated as a determination under section 1612(a). Any determination made before the date of the enactment of this Act under section 1305(b) of the National Defense Authorization Act for Fiscal Year 2010 ( 22 U.S.C. 5965 B Military construction authorizations 2001. Short title This division may be cited as the Military Construction Authorization Act for Fiscal Year 2015 2002. Expiration of authorizations and amounts required to be specified by law (a) Expiration of authorizations after three years Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2017; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018. (b) Exception Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2017; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2018 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. XXI Army military construction 2101. Authorized Army construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: 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. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States Country Installation Amount Cuba Guantanamo Bay $23,800,000 Japan Kadena AB $10,600,000. 2102. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army: Family Housing Country Installation Units Amount Illinois Rock Island 33 $19,500,000 Korea Camp Walker 90 $57,800,000. 2103. Authorization of appropriations, Army Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $969,012,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $370,900,000. (2) For military construction projects outside the United States authorized by section 2101(b), $34,400,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $78,609,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $350,976,000. (6) For the construction of increment 3 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 2104. Modification of authority to carry out certain fiscal year 2004 project In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of an Explosives Research and Development Loading Facility at the installation, the Secretary of the Army may use available unobligated balances of amounts appropriated for military construction for the Army to complete work on the project within the scope specified for the project in the justification data provided to Congress as part of the request for authorization of the project. 2105. Modification of authority to carry out certain fiscal year 2013 projects (a) Fort Drum (1) In executing the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Drum, New York, for construction of an Aircraft Maintenance Hangar at the installation, the Secretary of the Army may provide a capital contribution to a public or private utility company in order for the utility company to extend the utility company's gas line to the installation boundary. (2) The capital contribution under subsection (a) is not considered a change in the scope of work under section 2853 (b) Fort Leonard Wood In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Leonard Wood, Missouri, for construction of Battalion Complex Facilities at the installation, the Secretary of the Army may construct the Battalion Headquarters with classrooms for a unit other than a Global Defense Posture Realignment unit. (c) Fort McNair In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort McNair, District of Columbia, for construction of a Vehicle Storage Building at the installation, the Secretary of the Army may construct up to 20,227 square feet of vehicle storage. 2106. Extension of authorizations of certain fiscal year 2011 project (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) as follows: Army: Extension of 2011 Project Authorizations State/Country Installation or Project Amount Georgia Fort Benning Land Acquisition $12,200,000. 2107. Extension of authorizations of certain fiscal year 2012 projects (a) Extensions Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Table The table referred to in subsection (a) as follows: Army: Extension of 2012 Project Authorizations State Installation or Project Amount Georgia Fort Benning Land Acquisition $5,100,000 Land Acquisition $25,000,000 North Carolina Fort Bragg Unmanned Aerial Vehicle Maintenance Hangar $54,000,000 Texas Fort Bliss Applied Instruction Building $8,300,000 Vehicle Maintenance Facility $19,000,000 Fort Hood Unmanned Aerial Vehicle Maintenance Hangar $47,000,000 Virginia Fort Belvoir Road and Infrastructure Improvements $25,000,000. XXII Navy military construction 2201. Authorized Navy construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: 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 Port Angeles $20,638,000 Whidbey Island $24,390,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table: 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. 2202. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $472,000. 2203. Improvements to military family housing units Subject to section 2825 2204. Authorization of appropriations, Navy Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $1,389,213,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $680,697,000. (2) For military construction projects outside the United States authorized by section 2201(b), $213,768,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $16,412,000. (B) For support of military family housing (including functions described in section 2833 (6) For the construction of increment 4 of the Explosives Handling Wharf No. 2 at Kitsap, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 Public Law 112–239 2205. Modification of authority to carry out certain fiscal year 2012 projects (a) Yuma In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Yuma, Arizona, for construction of a Double Aircraft Maintenance Hangar, the Secretary of the Navy may construct up to approximately 70,000 square feet of additional apron to be utilized as a taxi-lane using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). (b) Camp Pendleton In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Camp Pendleton, California, for construction of an Infantry Squad Defense Range, the Secretary of the Navy may construct up to 9,000 square feet of vehicular bridge using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). (c) Kings Bay In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Kings Bay, Georgia, for construction of a Crab Island Security Enclave, the Secretary of the Navy may expand the enclave fencing system to three layers of fencing and construct two elevated fixed fighting positions with associated supporting facilities using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). 2206. Modification of authority to carry out certain fiscal year 2014 project In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 989), for Yorktown, Virginia, for construction of Small Arms Ranges, the Secretary of the Navy may construct 240 square meters of armory, 48 square meters of Safety Officer/Target Storage Building, and 667 square meters of Range Operations Building using appropriations available for the project pursuant to the authorization of appropriations in section 2204 of such Act (127 Stat. 990). 2207. Extension of authorizations of certain fiscal year 2011 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2011 Project Authorizations State/Country Installation or Project Amount Bahrain Southwest Asia Navy Central Command Ammunition Magazines $89,280,000 Guam Naval Activities, Guam Defense Access Roads Improvements $66,730,000. 2208. Extension of authorizations of certain fiscal year 2012 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2012 Project Authorizations State/Country Installation or Project Amount California Camp Pendleton North Area Waste Water Conveyance $78,271,000 Infantry Squad Defense Range $29,187,000 Twentynine Palms Land Expansion $8,665,000 Florida Jacksonville P–8A Hangar Upgrades $6,085,000 Georgia Kings Bay Crab Island Security Enclave $52,913,000 WRA Land/Water Interface $33,150,000 Maryland Patuxent River Aircraft Prototype Facility Phase 2 $45,844,000. XXIII Air Force military construction 2301. Authorized Air Force construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: 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. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation Amount Guam Joint Region Marianas $13,400,000 United Kingdom Croughton RAF $92,223,000. 2302. Authorization of appropriations, Air Force Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,139,521,000, as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $262,800,000. (2) For military construction projects outside the United States authorized by section 2301(b), $105,623,000. (3) For unspecified minor military construction projects authorized by section 2805 (4) For architectural and engineering services and construction design under section 2807 (5) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 (6) For the construction of increment 2 of the United States Cyber Command Joint Operations Center at Fort Meade, Maryland, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 992), $166,000,000. (7) For the construction of increment 4 of the United States Strategic Command Replacement Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (8) For the construction of increment 2 of the Guam Strike Fuel Systems Maintenance Hangar at Joint Base Marianas, Guam, authorized by section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1671), $64,000,000. 2303. Modification of authority to carry out certain fiscal year 2008 project In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 515), for Shaw Air Force Base, South Carolina, for Base Infrastructure at that location, the Secretary of the Air Force may acquire fee or lesser real property interests in approximately 11.5 acres of land contiguous to Shaw Air Force Base for the project using funds appropriated to the Department of the Air Force for construction in years prior to fiscal year 2015. 2304. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2011 Project Authorizations State Installation or Project Amount Bahrain, SW Asia Shaikh Isa AB North Apron Expansion $45,000,000. 2305. Extension of authorizations of certain fiscal year 2012 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2012 Project Authorizations State Installation or 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. XXIV Defense agencies military construction A Defense agency authorizations 2401. Authorized defense agencies construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: 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 Joint Expeditionary Base Little Creek-Story $39,588,000 Pentagon $15,100,000. (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: 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. 2402. Authorized energy conservation projects Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 2403. Authorization of appropriations, defense agencies Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $2,124,652,000, as follows: (1) For military construction projects inside the United States authorized by section 2401(a), $868,656,000. (2) For military construction projects outside the United States authorized by section 2401(b), $411,791,000. (3) For unspecified minor military construction projects under section 2805 (4) For contingency construction projects of the Secretary of Defense under section 2804 (5) For architectural and engineering services and construction design under section 2807 (6) For energy conservation projects under chapter 173 (7) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 (B) For credits (including amounts authorized for and appropriated) to the Department of Defense Family Housing Improvement Fund for functions under section 2883 (C) For credits to the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 (8) For the construction of increment 6 of the Hospital Replacement at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 (9) For the construction of increment 3 of the NSAW Recapitalize Building #1 at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 (10) For the construction of increment 4 of the Medical Center Replacement at Rhine Ordnance Barracks, Germany, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 2404. Extension of authorizations of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2011 Project Authorizations State/Country Installation or 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. 2405. Extension of authorizations of certain fiscal year 2012 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2012 Project Authorizations State Installation or 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. 2406. Extension of authorizations of certain fiscal year 2012 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2012 Project Authorizations State Installation or 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. B Chemical demilitarization authorizations 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for the construction of phase XV of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 Public Law 107–107 Public Law 107–314 2412. Modification of authority to carry out certain fiscal year 2000 project (a) Modification The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 Public Law 107–107 Public Law 107–314 (1) in the item relating to Blue Grass Army Depot, Kentucky, by striking $746,000,000 $780,000,000 (2) by striking the amount identified as the total in the amount column and inserting $1,237,920,000 (b) Conforming amendment Section 2405(b)(3) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 Public Law 107–107 Public Law 110–417 Public Law 111–383 $723,200,000 $757,200,000 XXV North Atlantic Treaty Organization Security Investment Program 2501. Authorized NATO construction and land acquisition projects The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 2502. Authorization of appropriations, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2012, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $199,700,000. XXVI Guard and reserve forces facilities A Project authorizations and authorization of appropriations 2601. Authorized Army National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table: 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. 2602. Authorized Army Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table: 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. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Installation Amount Pennsylvania Pittsburgh $17,650,000 Washington Whidbey Island $27,755,000. 2604. Authorized Air National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table: 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. 2605. Authorized Air Force Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table: 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. 2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 (1) For the Department of the Army, for the Army National Guard of the United States, $126,920,000. (2) For the Department of the Army, for the Army Reserve, $103,946,000. (3) For the Department of the Navy, for the Navy and Marine Corps Reserve, $51,528,000. (4) For the Department of the Air Force, for the Air National Guard of the United States, $94,663,000. (5) For the Department of the Air Force, for the Air Force Reserve, $49,492,000. B Other matters 2611. Modification and extension of authority to carry out certain fiscal year 2012 projects (a) Kansas City (1) In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Kansas City, Kansas, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Kansas City, construct a new facility in the vicinity of Kansas City, Kansas. (2) Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 (b) Attleboro (1) In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Attleboro, Massachusetts, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Attleboro, construct a new facility in the vicinity of Attleboro, Massachusetts. (2) Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 2612. Modification of authority to carry out certain fiscal year 2013 project In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2134) for Stormville, New York, for construction of a Combined Support Maintenance Shop Phase I, the Secretary of the Army may instead construct the facility at Camp Smith, New York and build a 53,760 square foot maintenance facility in lieu of a 75,156 square foot maintenance facility. 2613. Extension of authorization of certain fiscal year 2011 project (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 (b) Table The table referred to in subsection (a) is as follows: Extension of 2011 National Guard and State Installation Project Amount Puerto Rico Camp Santiago Multi Purpose Machine Gun Range $9,200,000. XXVII Base realignment and closure activities 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 10 U.S.C. 2687 (1) For the Department of the Army, $84,417,000. (2) For the Department of the Navy, $94,692,000. (3) For the Department of the Air Force, $90,976,000. XXVIII Military construction general provisions 2801. Revisions to minor military construction authorities (a) Establishment of minor military construction exception threshold Subsection (a) of section 2805 (3) For purposes of this section, the minor military construction exception threshold is $4,000,000. . (b) Increase in dollar thresholds for certain authorities relating to unspecified minor military construction (1) Maximum amount for projects to correct deficiencies that are life-, health-, or safety-threatening Subsection (a)(2) of such section is amended by striking $3,000,000 the minor military construction exception threshold (2) Increase in maximum amount of operation and maintenance funds authorized to be used for certain projects Subsection (c) of such section is amended by striking $750,000 $1,000,000 (c) Increased threshold for application of secretarial approval and congressional notification requirements Subsection (b)(1) of such section is amended by striking $750,000 the amount specified in subsection (c) 2802. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities Section 2805 (f) Adjustment of dollar limitations for location Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project. . 2803. Change in authorities relating to scope of work variations for military construction projects (a) Limited authority for scope of work increase Section 2853 (1) in subsection (b)(2), by striking The scope of work Except as provided in subsection (d), the scope of work (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following new subsection (d): (d) The limitation in subsection (b)(2) on an increase in the scope of work does not apply if— (1) the increase in the scope of work is not more than 10 percent of the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition; (2) the increase is approved by the Secretary concerned; (3) the Secretary concerned notifies the appropriate committees of Congress in writing of the increase in scope and the reasons therefor; and (4) a period of 21 days has elapsed after the date on which the notification is received by the committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 . (b) Cross-Reference amendments (1) Subsection (a) of such section is amended by striking subsection (c) or (d) subsection (c), (d), or (e) (2) Subsection (f) of such section, as redesignated by subsection (a)(2), is amended by striking through (d) through (e) (c) Additional technical amendments (1) Conformity with general title 10 style Subsection (a) of such section is further amended by inserting of this title section 2805(a) (2) Deletion of surplus word Subsection (c)(1)(A) of such section is amended by striking be Congress can 2804. Modification of Department of Defense authority to accept financial incentives, goods, or services under the authority of energy savings contracts and activities (a) Authority To accept from State and local government Section 2913(c) or a State or local government, a gas or electric utility, (b) Retention of receipts Section 2912(c) from gas or electric utilities 2805. Clarification of authority to enter into energy saving performance contracts (a) Definition of energy savings Paragraph (2)(A) of section 804 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c (1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (2) by inserting after clause (i) the following new clause (ii): (ii) with respect to operating equipment covered by a lease or purchase referred to in clause (i)— (I) repair or modification of existing buildings and infrastructure to accommodate the operating equipment; or (II) construction of buildings, structures, and infrastructure to accommodate the operating equipment in order to provide necessary support to the primary function of the operating equipment; . (b) Oversight Section 801 of such Act ( 42 U.S.C. 8287 (d) Additional rules for Department of Defense With respect to the Department of Defense— (1) when a decision to carry out an energy savings performance contract that includes construction of a new facility with an estimated value of $10,000,000 or more or a new facility that will cover more than 5,000 square feet of land, the project shall be subject to the same requirements and limitations as apply under section 2805(b)(2) (2) when a decision is made to carry out an energy savings performance contract that includes a repair project with an estimated cost of $7,500,000 or more, the project shall be subject to the same requirements and limitations as apply under section 2811 of title 10, United States Code, to a project subject to that section. . 2806. Production and use of natural gas at Fort Knox, Kentucky (a) In general Chapter 449 4781. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky (a) Authority The Secretary of the Army may provide, by contract or otherwise, for the production, treatment, management, and use of natural gas located under Fort Knox, Kentucky, without regard to section 3 of the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 352 (b) Limitation on uses Any natural gas produced under the authority of subsection (a) may only be used to support activities and operations at Fort Knox and may not be sold for use elsewhere. (c) Ownership of facilities The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from a contractor in accordance with the terms of a contract or other agreement entered into pursuant to subsection (a). . (b) Limitation on application elsewhere Nothing in this section shall be construed as authorizing the production, treatment, management, or use of natural gas resources underlying any Department of Defense installation other than Fort Knox. (c) Effective date The authority of the Secretary of the Army under section 4781 (d) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4781. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky. . 2807. Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions (a) Authority To credit reimbursed funds to accounts currently available The first sentence of section 2695(c) (1) by striking shall be credited to shall be credited, at the option of the Secretary concerned, to (1) (2) by inserting before the period at the end the following: , or (2) an appropriation, fund, or account currently available to the Secretary for the purposes for which the expenses were paid (b) Prospective applicability The amendments made by subsection (a) shall not apply with respect to expenses incurred with appropriations provided to the Secretary of a military department before the date of the enactment of this Act. XXIX Defense base closure and realignment 2901. Short title and purpose (a) Short title This title may be cited as the Defense Base Closure and Realignment Act of 2014 (b) Purpose The purpose of this title is to provide a fair process that will result in the timely closure and realignment of military installations inside the United States. 2902. The Commission (a) Establishment There is established an independent commission to be known as the Defense Base Closure and Realignment Commission (b) Duties The Commission shall carry out the duties specified for it in this title. (c) Appointment (1) (A) The Commission shall be composed of nine members appointed by the President, by and with the advice and consent of the Senate. (B) Subject to the certifications required under section 2903(b), the President may commence a round for the selection of military installations for closure and realignment under this title in 2017 by transmitting to the Senate, not later than March 1, 2017, nominations for appointment to the Commission. (C) If the President does not transmit to Congress the nominations for appointment to the Commission on or before the date specified, the process by which military installations may be selected for closure or realignment under this title with respect to that year shall be terminated. (2) In selecting individuals for nominations for appointments to the Commission, the President should consult with— (A) the Speaker of the House of Representatives concerning the appointment of two members; (B) the majority leader of the Senate concerning the appointment of two members; (C) the minority leader of the House of Representatives concerning the appointment of one member; and (D) the minority leader of the Senate concerning the appointment of one member. (3) At the time the President nominates individuals for appointment to the Commission for each session of Congress referred to in paragraph (1)(B), the President shall designate one such individual who shall serve as Chairman of the Commission. (d) Terms (1) Except as provided in paragraph (2), each member of the Commission shall serve until the adjournment of Congress sine die for the session during which the member was appointed to the Commission. (2) The Chairman of the Commission shall serve until the confirmation of a successor. (e) Meetings (1) The Commission shall meet only during calendar year 2017. (2) (A) Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. (B) All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the following: (i) The Chairman and the ranking minority party member of the Subcommittee on Readiness and Management Support of the Committee on Armed Services of the Senate, or such other members of the Subcommittee designated by such Chairman or ranking minority party member. (ii) The Chairman and the ranking minority party member of the Subcommittee on Readiness of the Committee on Armed Services of the House of Representatives, or such other members of the Subcommittee designated by such Chairman or ranking minority party member. (iii) The Chairmen and ranking minority party members of the subcommittees with jurisdiction for military construction of the Committees on Appropriations of the Senate and of the House of Representatives, or such other members of the subcommittees designated by such Chairmen or ranking minority party members. (f) Vacancies A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed. (g) Pay and travel expenses (1) (A) Each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 (B) The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314, (2) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 5703 (h) Director of staff (1) The Commission shall, without regard to section 5311 (2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 (i) Staff (1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 (3) (A) Not more than one-third of the personnel employed by or detailed to the Commission may be on detail from the Department of Defense. (B) (i) Not more than one-fifth of the professional analysts of the Commission staff may be persons detailed from the Department of Defense to the Commission. (ii) No person detailed from the Department of Defense to the Commission may be assigned as the lead professional analyst with respect to a military department or defense agency. (C) A person may not be detailed from the Department of Defense to the Commission if, within 12 months before the detail is to begin, that person participated personally and substantially in any matter within the Department of Defense concerning the preparation of recommendations for closures or realignments of military installations. (D) No member of the armed forces, and no officer or employee of the Department of Defense, may— (i) prepare any report concerning the effectiveness, fitness, or efficiency of the performance on the staff of the Commission of any person detailed from the Department of Defense to that staff; (ii) review the preparation of such a report; or (iii) approve or disapprove such a report. (4) Upon request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this title. (5) The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission. (6) The following restrictions relating to the personnel of the Commission shall apply during the period beginning January 1, 2018, and ending April 15, 2018: (A) There may not be more than 15 persons on the staff at any one time. (B) The staff may perform only such functions as are necessary to prepare for the transition to new membership on the Commission in the following year. (C) No member of the armed forces and no employee of the Department of Defense may serve on the staff. (j) Other authority (1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) The Commission may lease space and acquire personal property to the extent funds are available. (k) Funding (1) There are authorized to be appropriated to the Commission such funds as are necessary to carry out its duties under this title. Such funds shall remain available until expended. (2) If no funds are appropriated to the Commission by the end of the second session of the 114th Congress, the Secretary of Defense may transfer to the Commission for purposes of its activities under this title in that year such funds as the Commission may require to carry out such activities. The Secretary may transfer funds under the preceding sentence from any funds available to the Secretary. Funds so transferred shall remain available to the Commission for such purposes until expended. (l) Termination The Commission shall terminate on April 15, 2018. (m) Prohibition against restricting communications Section 1034 2903. Procedure for making recommendations for base closures and realignments (a) Force-Structure plan and infrastructure inventory (1) Preparation and submission As part of the budget justification documents submitted to Congress in support of the budget for the Department of Defense for fiscal year 2017, the Secretary shall submit to Congress the following: (A) A force-structure plan for the armed forces based on an assessment by the Secretary of the probable threats to the national security during the 20-year period beginning with that fiscal year, the probable end-strength levels and major military force units (including land force divisions, carrier and other major combatant vessels, air wings, and other comparable units) needed to meet these threats, and the anticipated levels of funding that will be available for national defense purposes during such period. (B) A comprehensive inventory of military installations worldwide for each military department, with specifications of the number and type of facilities in the active and reserve forces of each military department. (2) Relationship of plan and inventory Using the force-structure plan and infrastructure inventory prepared under paragraph (1), the Secretary shall prepare (and include as part of the submission of such plan and inventory) the following: (A) A description of the infrastructure necessary to support the force structure described in the force-structure plan. (B) A discussion of categories of excess infrastructure and infrastructure capacity. (C) An economic analysis of the effect of the closure or realignment of military installations to reduce excess infrastructure. (3) Special considerations In determining the level of necessary versus excess infrastructure under paragraph (2), the Secretary shall consider the following: (A) The anticipated continuing need for and availability of military installations outside the United States, taking into account current restrictions on the use of military installations outside the United States and the potential for future prohibitions or restrictions on the use of such military installations. (B) Any efficiencies that may be gained from joint tenancy by more than one branch of the armed forces at a military installation. (4) Revision The Secretary may revise the force-structure plan and infrastructure inventory. If the Secretary makes such a revision, the Secretary shall submit the revised plan or inventory to Congress not later than March 15th of the year following the year in which such plan was first submitted. For purposes of selecting military installations for closure or realignment under this title in the year in which a revision is submitted, no revision of the force-structure plan or infrastructure inventory is authorized after that date. (b) Certification of need for further closures and realignments (1) Certification required On the basis of the force-structure plan and infrastructure inventory prepared under subsection (a) and the descriptions and economic analysis prepared under such subsection, the Secretary shall include as part of the submission of the plan and inventory— (A) a certification regarding whether the need exists for the closure or realignment of additional military installations; and (B) if such need exists, a certification that the additional round of closures and realignments would result in annual net savings for each of the military departments beginning not later than six years following the commencement of such closures and realignments. (2) Effect of failure to certify If the Secretary does not include the certifications referred to in paragraph (1), the President may not commence a round for the selection of military installations for closure and realignment under this title in the year following submission of the force-structure plan and infrastructure inventory. (c) Comptroller general evaluation (1) Evaluation required If the certification is provided under subsection (b), the Comptroller General shall prepare an evaluation of the following: (A) The force-structure plan and infrastructure inventory prepared under subsection (a) and the final selection criteria specified in paragraph (d), including an evaluation of the accuracy and analytical sufficiency of such plan, inventory, and criteria. (B) The need for the closure or realignment of additional military installations. (2) Submission The Comptroller General shall submit the evaluation to Congress not later than 60 days after the date on which the force-structure plan and infrastructure inventory are submitted to Congress. (d) Final selection criteria (1) In general The final criteria to be used by the Secretary in making recommendations for the closure or realignment of military installations inside the United States under this title in 2017 shall be the military value and other criteria specified in paragraphs (2) and (3). (2) Military value criteria The military value criteria are as follows: (A) The current and future mission capabilities and the impact on operational readiness of the total force of the Department of Defense, including the impact on joint warfighting, training, and readiness. (B) The availability and condition of land, facilities, and associated airspace (including training areas suitable for maneuver by ground, naval, or air forces throughout a diversity of climate and terrain areas and staging areas for the use of the armed forces in homeland defense missions) at both existing and potential receiving locations. (C) The ability to accommodate contingency, mobilization, surge, and future total force requirements at both existing and potential receiving locations to support operations and training. (D) The cost of operations and the manpower implications. (3) Other criteria The other criteria that the Secretary shall use in making recommendations for the closure or realignment of military installations inside the United States under this title in 2017 are as follows: (A) The extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the closure or realignment, for the savings to exceed the costs. (B) The economic impact on existing communities in the vicinity of military installations. (C) The ability of the infrastructure of both the existing and potential receiving communities to support forces, missions, and personnel. (D) The environmental impact, including the impact of costs related to potential environmental restoration, waste management, and environmental compliance activities. (e) Priority given to military value The Secretary shall give priority consideration to the military value criteria specified in subsection (d)(2) in the making of recommendations for the closure or realignment of military installations. (f) Effect on department and other agency costs The selection criteria relating to the cost savings or return on investment from the proposed closure or realignment of military installations shall take into account the effect of the proposed closure or realignment on the costs of any other activity of the Department of Defense or any other Federal agency that may be required to assume responsibility for activities at the military installations. (g) Relation to other materials The final selection criteria specified in this section shall be the only criteria to be used, along with the force-structure plan and infrastructure inventory referred to in subsection (a), in making recommendations for the closure or realignment of military installations inside the United States under this title in 2017. (h) DOD recommendations (1) If the Secretary makes the certifications required under subsection (b), the Secretary shall, by no later than May 12, 2017, publish in the Federal Register and transmit to the congressional defense committees and to the Commission a list of the military installations inside the United States that the Secretary recommends for closure or realignment on the basis of the force-structure plan and infrastructure inventory prepared by the Secretary under subsection (a) and the final selection criteria specified in subsection (d) that are applicable to the year concerned. (2) The Secretary shall include, with the list of recommendations published and transmitted pursuant to paragraph (1), a summary of the selection process that resulted in the recommendation for each installation, including a justification for each recommendation. The Secretary shall transmit the matters referred to in the preceding sentence not later than 7 days after the date of the transmittal to the congressional defense committees and the Commission of the list referred to in paragraph (1). (3) (A) In considering military installations for closure or realignment, the Secretary shall consider all military installations inside the United States equally without regard to whether the installation has been previously considered or proposed for closure or realignment by the Department. (B) In considering military installations for closure or realignment, the Secretary may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installation. (C) For purposes of subparagraph (B), in the case of a community anticipating the economic effects of a closure or realignment of a military installation, advance conversion planning— (i) shall include community adjustment and economic diversification planning undertaken by the community before an anticipated selection of a military installation in or near the community for closure or realignment; and (ii) may include the development of contingency redevelopment plans, plans for economic development and diversification, and plans for the joint use (including civilian and military use, public and private use, civilian dual use, and civilian shared use) of the property or facilities of the installation after the anticipated closure or realignment. (D) In making recommendations to the Commission, the Secretary shall consider any notice received from a local government in the vicinity of a military installation that the government would approve of the closure or realignment of the installation. (E) Notwithstanding the requirement in subparagraph (D), the Secretary shall make the recommendations referred to in that subparagraph based on the force-structure plan, infrastructure inventory, and final selection criteria otherwise applicable to such recommendations. (F) The recommendations shall include a statement of the result of the consideration of any notice described in subparagraph (D) that is received with respect to a military installation covered by such recommendations. The statement shall set forth the reasons for the result. (4) In addition to making all information used by the Secretary to prepare the recommendations under this subsection available to Congress (including any committee or Member of Congress), the Secretary shall also make such information available to the Commission and the Comptroller General of the United States. (5) (A) Each person referred to in subparagraph (B), when submitting information to the Secretary of Defense or the Commission concerning the closure or realignment of a military installation, shall certify that such information is accurate and complete to the best of that person's knowledge and belief. (B) Subparagraph (A) applies to the following persons: (i) The Secretaries of the military departments. (ii) The heads of the Defense Agencies. (iii) Each person who is in a position the duties of which include personal and substantial involvement in the preparation and submission of information and recommendations concerning the closure or realignment of military installations, as designated in regulations which the Secretary of Defense shall prescribe, regulations which the Secretary of each military department shall prescribe for personnel within that military department, or regulations which the head of each Defense Agency shall prescribe for personnel within that Defense Agency. (6) Any information provided to the Commission by a person described in paragraph (5)(B) shall also be submitted to the Senate and the House of Representatives to be made available to the Members of the House concerned in accordance with the rules of that House. The information shall be submitted to the Senate and House of Representatives within 48 hours after the submission of the information to the Commission. (i) Review and recommendations by the commission (1) After receiving the recommendations from the Secretary pursuant to subsection (h) for any year, the Commission shall conduct public hearings on the recommendations. All testimony before the Commission at a public hearing conducted under this paragraph shall be presented under oath. (2) (A) The Commission shall, by no later than October 1 of each year in which the Secretary transmits recommendations to it pursuant to subsection (h), transmit to the President a report containing the Commission’s findings and conclusions based on a review and analysis of the recommendations made by the Secretary, together with the Commission’s recommendations for closures and realignments of military installations inside the United States. (B) Subject to subparagraphs (C) and (E), in making its recommendations, the Commission may make changes in any of the recommendations made by the Secretary if the Commission determines that the Secretary deviated substantially from the force-structure plan and final criteria referred to in subsection (d)(1) in making recommendations. (C) In the case of a change described in subparagraph (D) in the recommendations made by the Secretary, the Commission may make the change only if— (i) the Commission— (I) makes the determination required by subparagraph (B); (II) determines that the change is consistent with the force-structure plan and final criteria referred to in subsection (d)(1); (III) publishes a notice of the proposed change in the Federal Register not less than 45 days before transmitting its recommendations to the President pursuant to subparagraph (A); and (IV) conducts public hearings on the proposed change; (ii) at least two members of the Commission visit the military installation before the date of the transmittal of the report; and (iii) the decision of the Commission to make the change is supported by at least seven members of the Commission. (D) Subparagraph (C) shall apply to a change by the Commission in the Secretary’s recommendations that would— (i) add a military installation to the list of military installations recommended by the Secretary for closure; (ii) add a military installation to the list of military installations recommended by the Secretary for realignment; or (iii) increase the extent of a realignment of a particular military installation recommended by the Secretary. (E) The Commission may not consider making a change in the recommendations of the Secretary that would add a military installation to the Secretary's list of installations recommended for closure or realignment unless, in addition to the requirements of subparagraph (C)— (i) the Commission provides the Secretary with at least a 15-day period, before making the change, in which to submit an explanation of the reasons why the installation was not included on the closure or realignment list by the Secretary; and (ii) the decision to add the installation for Commission consideration is supported by at least seven members of the Commission. (F) In making recommendations under this paragraph, the Commission may not take into account for any purpose any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of a military installation. (3) The Commission shall explain and justify in its report submitted to the President pursuant to paragraph (2) any recommendation made by the Commission that is different from the recommendations made by the Secretary pursuant to subsection (h). The Commission shall transmit a copy of such report to the congressional defense committees on the same date on which it transmits its recommendations to the President under paragraph (2). (4) After October 1 of each year in which the Commission transmits recommendations to the President under this subsection, the Commission shall promptly provide, upon request, to any Member of Congress information used by the Commission in making its recommendations. (5) The Comptroller General of the United States shall— (A) assist the Commission, to the extent requested, in the Commission’s review and analysis of the recommendations made by the Secretary pursuant to subsection (h); and (B) by no later than July 1 of each year in which the Secretary makes such recommendations, transmit to the Congress and to the Commission a report containing a detailed analysis of the Secretary’s recommendations and selection process. (j) Review by the president (1) The President shall, by no later than October 15 of each year in which the Commission makes recommendations under subsection (i), transmit to the Commission and to the Congress a report containing the President’s approval or disapproval of the Commission’s recommendations. (2) If the President approves all the recommendations of the Commission, the President shall transmit a copy of such recommendations to the Congress, together with a certification of such approval. (3) If the President disapproves the recommendations of the Commission, in whole or in part, the President shall transmit to the Commission and the Congress the reasons for that disapproval. The Commission shall then transmit to the President, by no later than November 18 of the year concerned, a revised list of recommendations for the closure and realignment of military installations. (4) If the President approves all of the revised recommendations of the Commission transmitted to the President under paragraph (3), the President shall transmit a copy of such revised recommendations to the Congress, together with a certification of such approval. (5) If the President does not transmit to the Congress an approval and certification described in paragraph (2) or (4) by December 2 of any year in which the Commission has transmitted recommendations to the President under this title, the process by which military installations may be selected for closure or realignment under this title with respect to that year shall be terminated. 2904. Closure and realignment of military installations (a) In general Subject to subsection (b), the Secretary shall— (1) close all military installations recommended for closure by the Commission in each report transmitted to the Congress by the President pursuant to section 2903(j); (2) realign all military installations recommended for realignment by such Commission in each such report; (3) carry out the privatization in place of a military installation recommended for closure or realignment by the Commission only if privatization in place is a method of closure or realignment of the military installation specified in the recommendations of the Commission in such report and is determined by the Commission to be the most cost-effective method of implementation of the recommendation; (4) initiate all such closures and realignments no later than two years after the date on which the President transmits a report to the Congress pursuant to section 2903(j) containing the recommendations for such closures or realignments; and (5) complete all such closures and realignments no later than the end of the six-year period beginning on the date on which the President transmits the report pursuant to section 2903(j) containing the recommendations for such closures or realignments. (b) Congressional disapproval (1) The Secretary may not carry out any closure or realignment recommended by the Commission in a report transmitted from the President pursuant to section 2903(j) if a joint resolution is enacted, in accordance with the provisions of section 2908, disapproving such recommendations of the Commission before the earlier of— (A) the end of the 45-day period beginning on the date on which the President transmits such report; or (B) the adjournment of Congress sine die for the session during which such report is transmitted. (2) For purposes of paragraph (1) of this subsection and subsections (a) and (c) of section 2908, the days on which either House of Congress is not in session because of adjournment of more than three days to a day certain shall be excluded in the computation of a period. 2905. Implementation (a) In general (1) In closing or realigning any military installation under this title, the Secretary may— (A) take such actions as may be necessary to close or realign any military installation, including the acquisition of such land, the construction of such replacement facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from a military installation being closed or realigned to another military installation, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for use in planning and design, minor construction, or operation and maintenance; (B) provide— (i) economic adjustment assistance to any community located near a military installation being closed or realigned, and (ii) community planning assistance to any community located near a military installation to which functions will be transferred as a result of the closure or realignment of a military installation, if the Secretary of Defense determines that the financial resources available to the community (by grant or otherwise) for such purposes are inadequate, and may use for such purposes funds in the Account or funds appropriated to the Department of Defense for economic adjustment assistance or community planning assistance; (C) carry out activities for the purposes of environmental restoration and mitigation at any such installation, and shall use for such purposes funds in the Account; (D) provide outplacement assistance to civilian employees employed by the Department of Defense at military installations being closed or realigned, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense for outplacement assistance to employees; and (E) reimburse other Federal agencies for actions performed at the request of the Secretary with respect to any such closure or realignment, and may use for such purpose funds in the Account or funds appropriated to the Department of Defense and available for such purpose. (2) In carrying out any closure or realignment under this title, the Secretary shall ensure that environmental restoration of any property made excess to the needs of the Department of Defense as a result of such closure or realignment be carried out as soon as possible with funds available for such purpose. (b) Management and disposal of property (1) The Administrator of General Services shall delegate to the Secretary of Defense, with respect to excess and surplus real property, facilities, and personal property located at a military installation closed or realigned under this title— (A) the authority of the Administrator to utilize excess property under subchapter II of chapter 5 of title 40, United States Code; (B) the authority of the Administrator to dispose of surplus property under subchapter III of chapter 5 of title 40, United States Code; (C) the authority to dispose of surplus property for public airports under sections 47151 through 47153 of title 49, United States Code; and (D) the authority of the Administrator to determine the availability of excess or surplus real property for wildlife conservation purposes in accordance with the Act of May 19, 1948 ( 16 U.S.C. 667b (2) (A) Subject to subparagraph (B) and paragraphs (3), (4), (5), and (6), the Secretary of Defense shall exercise the authority delegated to the Secretary pursuant to paragraph (1) in accordance with— (i) all regulations governing the utilization of excess property and the disposal of surplus property under subtitle I of title 40, United States Code; and (ii) all regulations governing the conveyance and disposal of property under section 13(g) of the Surplus Property Act of 1944 ( 50 U.S.C. App. 1622(g) (B) The Secretary may, with the concurrence of the Administrator of General Services— (i) prescribe general policies and methods for utilizing excess property and disposing of surplus property pursuant to the authority delegated under paragraph (1); and (ii) issue regulations relating to such policies and methods, which shall supersede the regulations referred to in subparagraph (A) with respect to that authority. (C) The Secretary of Defense may transfer real property or facilities located at a military installation to be closed or realigned under this title, with or without reimbursement, to a military department or other entity (including a nonappropriated fund instrumentality) within the Department of Defense or the Coast Guard. (D) Before any action may be taken with respect to the disposal of any surplus real property or facility located at any military installation to be closed or realigned under this title, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned for the purpose of considering any plan for the use of such property by the local community concerned. (E) If a military installation to be closed, realigned, or placed in an inactive status under this title includes a road used for public access through, into, or around the installation, the Secretary of Defense shall consult with the Governor of the State and the heads of the local governments concerned or the purpose of considering the continued availability of the road for public use after the installation is closed, realigned, or placed in an inactive status. (3) (A) Not later than 6 months after the date of approval of the closure or realignment of a military installation under this title, the Secretary, in consultation with the redevelopment authority with respect to the installation, shall— (i) inventory the personal property located at the installation; and (ii) identify the items (or categories of items) of such personal property that the Secretary determines to be related to real property and anticipates will support the implementation of the redevelopment plan with respect to the installation. (B) If no redevelopment authority referred to in subparagraph (A) exists with respect to an installation, the Secretary shall consult with— (i) the local government in whose jurisdiction the installation is wholly located; or (ii) a local government agency or State government agency designated for the purpose of such consultation by the chief executive officer of the State in which the installation is located. (C) (i) Except as provided in subparagraphs (E) and (F), the Secretary may not carry out any of the activities referred to in clause (ii) with respect to an installation referred to in that clause until the earlier of— (I) one week after the date on which the redevelopment plan for the installation is submitted to the Secretary; (II) the date on which the redevelopment authority notifies the Secretary that it will not submit such a plan; (III) twenty-four months after the date of approval of the closure or realignment of the installation; or (IV) ninety days before the date of the closure or realignment of the installation. (ii) The activities referred to in clause (i) are activities relating to the closure or realignment of an installation to be closed or realigned under this title as follows: (I) The transfer from the installation of items of personal property at the installation identified in accordance with subparagraph (A). (II) The reduction in maintenance and repair of facilities or equipment located at the installation below the minimum levels required to support the use of such facilities or equipment for nonmilitary purposes. (D) Except as provided in paragraph (4), the Secretary may not transfer items of personal property located at an installation to be closed or realigned under this title to another installation, or dispose of such items, if such items are identified in the redevelopment plan for the installation as items essential to the reuse or redevelopment of the installation. In connection with the development of the redevelopment plan for the installation, the Secretary shall consult with the entity responsible for developing the redevelopment plan to identify the items of personal property located at the installation, if any, that the entity desires to be retained at the installation for reuse or redevelopment of the installation. (E) This paragraph shall not apply to any personal property located at an installation to be closed or realigned under this title if the property— (i) is required for the operation of a unit, function, component, weapon, or weapons system at another installation; (ii) is uniquely military in character, and is likely to have no civilian use (other than use for its material content or as a source of commonly used components); (iii) is not required for the reutilization or redevelopment of the installation (as jointly determined by the Secretary and the redevelopment authority); (iv) is stored at the installation for purposes of distribution (including spare parts or stock items); or (v) (I) meets known requirements of an authorized program of another Federal department or agency for which expenditures for similar property would be necessary; and (II) is the subject of a written request by the head of the department or agency. (F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may carry out any activity referred to in subparagraph (C)(ii) or (D) if the Secretary determines that the carrying out of such activity is in the national security interest of the United States. (4) (A) The Secretary may transfer real property and personal property located at a military installation to be closed or realigned under this title to the redevelopment authority with respect to the installation for purposes of job generation on the installation. (B) The transfer of property located at a military installation under subparagraph (A) may be for consideration at or below the estimated fair market value or without consideration. The determination of such consideration may account for the economic conditions of the local affected community and the estimated costs to redevelop the property. The Secretary may accept, as consideration, a share of the revenues that the redevelopment authority receives from third-party buyers or lessees from sales and long-term leases of the conveyed property, consideration in kind (including goods and services), real property and improvements, or such other consideration as the Secretary considers appropriate. The transfer of property located at a military installation under subparagraph (A) may be made for consideration below the estimated fair market value or without consideration only if the redevelopment authority with respect to the installation— (i) agrees that the proceeds from any sale or lease of the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the date of the initial transfer of property under subparagraph (A) shall be used to support the economic redevelopment of, or related to, the installation; and (ii) executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the date of the property disposal record of decision or finding of no significant impact under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) For purposes of subparagraph (B)(i), the use of proceeds from a sale or lease described in such subparagraph to pay for, or offset the costs of, public investment on or related to the installation for any of the following purposes shall be considered a use to support the economic redevelopment of, or related to, the installation: (i) Road construction. (ii) Transportation management facilities. (iii) Storm and sanitary sewer construction. (iv) Police and fire protection facilities and other public facilities. (v) Utility construction. (vi) Building rehabilitation. (vii) Historic property preservation. (viii) Pollution prevention equipment or facilities. (ix) Demolition. (x) Disposal of hazardous materials generated by demolition. (xi) Landscaping, grading, and other site or public improvements. (xii) Planning for or the marketing of the development and reuse of the installation. (D) The Secretary may recoup from a redevelopment authority such portion of the proceeds from a sale or lease described in subparagraph (B) as the Secretary determines appropriate if the redevelopment authority does not use the proceeds to support economic redevelopment of, or related to, the installation for the period specified in subparagraph (B). (E) (i) The Secretary may transfer real property at an installation approved for closure or realignment under this title (including property at an installation approved for realignment which will be retained by the Department of Defense or another Federal agency after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon transfer, one or more portions of the property transferred under this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph (B) shall apply to a transfer under this subparagraph. (ii) A lease under clause (i) shall be for a term of not to exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned. (iii) A lease under clause (i) may not require rental payments by the United States. (iv) A lease under clause (i) shall include a provision specifying that if the department or agency concerned ceases requiring the use of the leased property before the expiration of the term of the lease, the remainder of the lease term may be satisfied by the same or another department or agency of the Federal Government using the property for a use similar to the use under the lease. Exercise of the authority provided by this clause shall be made in consultation with the redevelopment authority concerned. (v) Notwithstanding clause (iii), if a lease under clause (i) involves a substantial portion of the installation, the department or agency concerned may obtain facility services for the leased property and common area maintenance from the redevelopment authority or the redevelopment authority’s assignee as a provision of the lease. The facility services and common area maintenance shall be provided at a rate no higher than the rate charged to non-Federal tenants of the transferred property. Facility services and common area maintenance covered by the lease shall not include— (I) municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or (II) firefighting or security-guard functions. (F) The transfer of personal property under subparagraph (A) shall not be subject to the provisions of subchapters II and III of chapter 5 (G) The provisions of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) (H) The Secretary may require any additional terms and conditions in connection with a transfer under this paragraph as such Secretary considers appropriate to protect the interests of the United States. (5) (A) Except as provided in subparagraphs (B) and (C), the Secretary shall take such actions as the Secretary determines necessary to ensure that final determinations under paragraph (1) regarding whether another department or agency of the Federal Government has identified a use for any portion of a military installation to be closed or realigned under this title, or will accept transfer of any portion of such installation, are made not later than 6 months after the date of approval of closure or realignment of that installation. (B) The Secretary may, in consultation with the redevelopment authority with respect to an installation, postpone making the final determinations referred to in subparagraph (A) with respect to the installation for such period as the Secretary determines appropriate if the Secretary determines that such postponement is in the best interests of the communities affected by the closure or realignment of the installation. (C) (i) Before acquiring non-Federal real property as the location for a new or replacement Federal facility of any type, the head of the Federal agency acquiring the property shall consult with the Secretary regarding the feasibility and cost advantages of using Federal property or facilities at a military installation closed or realigned or to be closed or realigned under this title as the location for the new or replacement facility. In considering the availability and suitability of a specific military installation, the Secretary and the head of the Federal agency involved shall obtain the concurrence of the redevelopment authority with respect to the installation and comply with the redevelopment plan for the installation. (ii) Not later than 30 days after acquiring non-Federal real property as the location for a new or replacement Federal facility, the head of the Federal agency acquiring the property shall submit to Congress a report containing the results of the consultation under clause (i) and the reasons why military installations referred to in such clause that are located within the area to be served by the new or replacement Federal facility or within a 200-mile radius of the new or replacement facility, whichever area is greater, were considered to be unsuitable or unavailable for the site of the new or replacement facility. (6) (A) The disposal of buildings and property located at installations approved for closure or realignment under this title shall be carried out in accordance with this paragraph. (B) (i) Not later than the date on which the Secretary of Defense completes the final determinations referred to in paragraph (5) relating to the use or transferability of any portion of an installation covered by this paragraph, the Secretary shall— (I) identify the buildings and property at the installation for which the Department of Defense has a use, for which another department or agency of the Federal Government has identified a use, or of which another department or agency will accept a transfer; (II) take such actions as are necessary to identify any building or property at the installation not identified under subclause (I) that is excess property or surplus property; (III) submit to the Secretary of Housing and Urban Development and to the redevelopment authority for the installation (or the chief executive officer of the State in which the installation is located if there is no redevelopment authority for the installation at the completion of the determination described in the stem of this sentence) information on any building or property that is identified under subclause (II); and (IV) publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the buildings and property identified under subclause (II). (ii) Upon the recognition of a redevelopment authority for an installation covered by this paragraph, the Secretary of Defense shall publish in the Federal Register and in a newspaper of general circulation in the communities in the vicinity of the installation information on the redevelopment authority. (C) (i) State and local governments, representatives of the homeless, and other interested parties located in the communities in the vicinity of an installation covered by this paragraph shall submit to the redevelopment authority for the installation a notice of the interest, if any, of such governments, representatives, and parties in the buildings or property, or any portion thereof, at the installation that are identified under subparagraph (B)(i)(II). A notice of interest under this clause shall describe the need of the government, representative, or party concerned for the buildings or property covered by the notice. (ii) The redevelopment authority for an installation shall assist the governments, representatives, and parties referred to in clause (i) in evaluating buildings and property at the installation for purposes of this subparagraph. (iii) In providing assistance under clause (ii), a redevelopment authority shall— (I) consult with representatives of the homeless in the communities in the vicinity of the installation concerned; and (II) undertake outreach efforts to provide information on the buildings and property to representatives of the homeless, and to other persons or entities interested in assisting the homeless, in such communities. (iv) It is the sense of Congress that redevelopment authorities should begin to conduct outreach efforts under clause (iii)(II) with respect to an installation as soon as is practicable after the date of approval of closure or realignment of the installation. (D) (i) State and local governments, representatives of the homeless, and other interested parties shall submit a notice of interest to a redevelopment authority under subparagraph (C) not later than the date specified for such notice by the redevelopment authority. (ii) The date specified under clause (i) shall be— (I) in the case of an installation for which a redevelopment authority has been recognized as of the date of the completion of the determinations referred to in paragraph (5), not earlier than 3 months and not later than 6 months after the date of publication of such determination in a newspaper of general circulation in the communities in the vicinity of the installation under subparagraph (B)(i)(IV); and (II) in the case of an installation for which a redevelopment authority is not recognized as of such date, not earlier than 3 months and not later than 6 months after the date of the recognition of a redevelopment authority for the installation. (iii) Upon specifying a date for an installation under this subparagraph, the redevelopment authority for the installation shall— (I) publish the date specified in a newspaper of general circulation in the communities in the vicinity of the installation concerned; and (II) notify the Secretary of Defense of the date. (E) (i) In submitting to a redevelopment authority under subparagraph (C) a notice of interest in the use of buildings or property at an installation to assist the homeless, a representative of the homeless shall submit the following: (I) A description of the homeless assistance program that the representative proposes to carry out at the installation. (II) An assessment of the need for the program. (III) A description of the extent to which the program is or will be coordinated with other homeless assistance programs in the communities in the vicinity of the installation. (IV) A description of the buildings and property at the installation that are necessary in order to carry out the program. (V) A description of the financial plan, the organization, and the organizational capacity of the representative to carry out the program. (VI) An assessment of the time required in order to commence carrying out the program. (ii) A redevelopment authority may not release to the public any information submitted to the redevelopment authority under clause (i)(V) without the consent of the representative of the homeless concerned unless such release is authorized under Federal law and under the law of the State and communities in which the installation concerned is located. (F) (i) The redevelopment authority for each installation covered by this paragraph shall prepare a redevelopment plan for the installation. The redevelopment authority shall, in preparing the plan, consider the interests in the use to assist the homeless of the buildings and property at the installation that are expressed in the notices submitted to the redevelopment authority under subparagraph (C). (ii) (I) In connection with a redevelopment plan for an installation, a redevelopment authority and representatives of the homeless shall prepare legally binding agreements that provide for the use to assist the homeless of buildings and property, resources, and assistance on or off the installation. The implementation of such agreements shall be contingent upon the decision regarding the disposal of the buildings and property covered by the agreements by the Secretary of Defense under subparagraph (K) or (L). (II) Agreements under this clause shall provide for the reversion to the redevelopment authority concerned, or to such other entity or entities as the agreements shall provide, of buildings and property that are made available under this paragraph for use to assist the homeless in the event that such buildings and property cease being used for that purpose. (iii) A redevelopment authority shall provide opportunity for public comment on a redevelopment plan before submission of the plan to the Secretary of Defense and the Secretary of Housing and Urban Development under subparagraph (G). (iv) A redevelopment authority shall complete preparation of a redevelopment plan for an installation and submit the plan under subparagraph (G) not later than 9 months after the date specified by the redevelopment authority for the installation under subparagraph (D). (G) (i) Upon completion of a redevelopment plan under subparagraph (F), a redevelopment authority shall submit an application containing the plan to the Secretary of Defense and to the Secretary of Housing and Urban Development. (ii) A redevelopment authority shall include in an application under clause (i) the following: (I) A copy of the redevelopment plan, including a summary of any public comments on the plan received by the redevelopment authority under subparagraph (F)(iii). (II) A copy of each notice of interest of use of buildings and property to assist the homeless that was submitted to the redevelopment authority under subparagraph (C), together with a description of the manner, if any, in which the plan addresses the interest expressed in each such notice and, if the plan does not address such an interest, an explanation why the plan does not address the interest. (III) A summary of the outreach undertaken by the redevelopment authority under subparagraph (C)(iii)(II) in preparing the plan. (IV) A statement identifying the representatives of the homeless and the homeless assistance planning boards, if any, with which the redevelopment authority consulted in preparing the plan, and the results of such consultations. (V) An assessment of the manner in which the redevelopment plan balances the expressed needs of the homeless and the need of the communities in the vicinity of the installation for economic redevelopment and other development. (VI) Copies of the agreements that the redevelopment authority proposes to enter into under subparagraph (F)(ii). (H) (i) Not later than 60 days after receiving a redevelopment plan under subparagraph (G), the Secretary of Housing and Urban Development shall complete a review of the plan. The purpose of the review is to determine whether the plan, with respect to the expressed interest and requests of representatives of the homeless— (I) takes into consideration the size and nature of the homeless population in the communities in the vicinity of the installation, the availability of existing services in such communities to meet the needs of the homeless in such communities, and the suitability of the buildings and property covered by the plan for the use and needs of the homeless in such communities; (II) takes into consideration any economic impact of the homeless assistance under the plan on the communities in the vicinity of the installation; (III) balances in an appropriate manner the needs of the communities in the vicinity of the installation for economic redevelopment and other development with the needs of the homeless in such communities; (IV) was developed in consultation with representatives of the homeless and the homeless assistance planning boards, if any, in the communities in the vicinity of the installation; and (V) specifies the manner in which buildings and property, resources, and assistance on or off the installation will be made available for homeless assistance purposes. (ii) It is the sense of Congress that the Secretary of Housing and Urban Development shall, in completing the review of a plan under this subparagraph, take into consideration and be receptive to the predominant views on the plan of the communities in the vicinity of the installation covered by the plan. (iii) The Secretary of Housing and Urban Development may engage in negotiations and consultations with a redevelopment authority before or during the course of a review under clause (i) with a view toward resolving any preliminary determination of the Secretary that a redevelopment plan does not meet a requirement set forth in that clause. The redevelopment authority may modify the redevelopment plan as a result of such negotiations and consultations. (iv) Upon completion of a review of a redevelopment plan under clause (i), the Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under that clause. (v) If the Secretary of Housing and Urban Development determines as a result of such a review that a redevelopment plan does not meet the requirements set forth in clause (i), a notice under clause (iv) shall include— (I) an explanation of that determination; and (II) a statement of the actions that the redevelopment authority must undertake in order to address that determination. (I) (i) Upon receipt of a notice under subparagraph (H)(iv) of a determination that a redevelopment plan does not meet a requirement set forth in subparagraph (H)(i), a redevelopment authority shall have the opportunity to— (I) revise the plan in order to address the determination; and (II) submit the revised plan to the Secretary of Defense and the Secretary of Housing and Urban Development. (ii) A redevelopment authority shall submit a revised plan under this subparagraph to such Secretaries, if at all, not later than 90 days after the date on which the redevelopment authority receives the notice referred to in clause (i). (J) (i) Not later than 30 days after receiving a revised redevelopment plan under subparagraph (I), the Secretary of Housing and Urban Development shall review the revised plan and determine if the plan meets the requirements set forth in subparagraph (H)(i). (ii) The Secretary of Housing and Urban Development shall notify the Secretary of Defense and the redevelopment authority concerned of the determination of the Secretary of Housing and Urban Development under this subparagraph. (K) (i) Upon receipt of a notice under subparagraph (H)(iv) or (J)(ii) of the determination of the Secretary of Housing and Urban Development that a redevelopment plan for an installation meets the requirements set forth in subparagraph (H)(i), the Secretary of Defense shall dispose of the buildings and property at the installation. (ii) For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation. (iii) The Secretary of Defense shall dispose of buildings and property under clause (i) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (iv) The disposal under clause (i) of buildings and property to assist the homeless shall be without consideration. (v) In the case of a request for a conveyance under clause (i) of buildings and property for public benefit under section 550 chapter 471 (L) (i) If the Secretary of Housing and Urban Development determines under subparagraph (J) that a revised redevelopment plan for an installation does not meet the requirements set forth in subparagraph (H)(i), or if no revised plan is so submitted, that Secretary shall— (I) review the original redevelopment plan submitted to that Secretary under subparagraph (G), including the notice or notices of representatives of the homeless referred to in clause (ii)(II) of that subparagraph; (II) consult with the representatives referred to in subclause (I), if any, for purposes of evaluating the continuing interest of such representatives in the use of buildings or property at the installation to assist the homeless; (III) request that each such representative submit to that Secretary the items described in clause (ii); and (IV) based on the actions of that Secretary under subclauses (I) and (II), and on any information obtained by that Secretary as a result of such actions, indicate to the Secretary of Defense the buildings and property at the installation that meet the requirements set forth in subparagraph (H)(i). (ii) The Secretary of Housing and Urban Development may request under clause (i)(III) that a representative of the homeless submit to that Secretary the following: (I) A description of the program of such representative to assist the homeless. (II) A description of the manner in which the buildings and property that the representative proposes to use for such purpose will assist the homeless. (III) Such information as that Secretary requires in order to determine the financial capacity of the representative to carry out the program and to ensure that the program will be carried out in compliance with Federal environmental law and Federal law against discrimination. (IV) A certification that police services, fire protection services, and water and sewer services available in the communities in the vicinity of the installation concerned are adequate for the program. (iii) Not later than 90 days after the date of the receipt of a revised plan for an installation under subparagraph (J), the Secretary of Housing and Urban Development shall— (I) notify the Secretary of Defense and the redevelopment authority concerned of the buildings and property at an installation under clause (i)(IV) that the Secretary of Housing and Urban Development determines are suitable for use to assist the homeless; and (II) notify the Secretary of Defense of the extent to which the revised plan meets the criteria set forth in subparagraph (H)(i). (iv) (I) Upon notice from the Secretary of Housing and Urban Development with respect to an installation under clause (iii), the Secretary of Defense shall dispose of buildings and property at the installation in consultation with the Secretary of Housing and Urban Development and the redevelopment authority concerned. (II) For purposes of carrying out an environmental assessment of the closure or realignment of an installation, the Secretary of Defense shall treat the redevelopment plan submitted by the redevelopment authority for the installation (including the aspects of the plan providing for disposal to State or local governments, representatives of the homeless, and other interested parties) as part of the proposed Federal action for the installation. The Secretary of Defense shall incorporate the notification of the Secretary of Housing and Urban Development under clause (iii)(I) as part of the proposed Federal action for the installation only to the extent, if any, that the Secretary of Defense considers such incorporation to be appropriate and consistent with the best and highest use of the installation as a whole, taking into consideration the redevelopment plan submitted by the redevelopment authority. (III) The Secretary of Defense shall dispose of buildings and property under subclause (I) in accordance with the record of decision or other decision document prepared by the Secretary in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (IV) The disposal under subclause (I) of buildings and property to assist the homeless shall be without consideration. (V) In the case of a request for a conveyance under subclause (I) of buildings and property for public benefit under section 550 chapter 471 (M) (i) In the event of the disposal of buildings and property of an installation pursuant to subparagraph (K) or (L), the redevelopment authority for the installation shall be responsible for the implementation of and compliance with agreements under the redevelopment plan described in that subparagraph for the installation. (ii) If a building or property reverts to a redevelopment authority under such an agreement, the redevelopment authority shall take appropriate actions to secure, to the maximum extent practicable, the utilization of the building or property by other homeless representatives to assist the homeless. A redevelopment authority may not be required to utilize the building or property to assist the homeless. (N) The Secretary of Defense may postpone or extend any deadline provided for under this paragraph in the case of an installation covered by this paragraph for such period as the Secretary considers appropriate if the Secretary determines that such postponement is in the interests of the communities affected by the closure or realignment of the installation. The Secretary shall make such determinations in consultation with the redevelopment authority concerned and, in the case of deadlines provided for under this paragraph with respect to the Secretary of Housing and Urban Development, in consultation with the Secretary of Housing and Urban Development. (O) For purposes of this paragraph, the term communities in the vicinity of the installation (P) For purposes of this paragraph, the term other interested parties section 550 (7) (A) Subject to subparagraph (C), the Secretary may enter into agreements (including contracts, cooperative agreements, or other arrangements for reimbursement) with local governments for the provision of police or security services, fire protection services, airfield operation services, or other community services by such governments at military installations to be closed under this title, or at facilities not yet transferred or otherwise disposed of in the case of installations closed under this title, if the Secretary determines that the provision of such services under such agreements is in the best interests of the Department of Defense. (B) The Secretary may exercise the authority provided under this paragraph without regard to the provisions of chapter 146 (C) The Secretary may not exercise the authority under subparagraph (A) with respect to an installation earlier than 180 days before the date on which the installation is to be closed. (D) The Secretary shall include in a contract for services entered into with a local government under this paragraph a clause that requires the use of professionals to furnish the services to the extent that professionals are available in the area under the jurisdiction of such government. (c) Applicability of national environmental policy act of 1969 (1) The provisions of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) (A) The provisions of the National Environmental Policy Act of 1969 shall apply to actions of the Department of Defense under this title (i) during the process of property disposal, and (ii) during the process of relocating functions from a military installation being closed or realigned to another military installation after the receiving installation has been selected but before the functions are relocated. (B) In applying the provisions of the National Environmental Policy Act of 1969 to the processes referred to in subparagraph (A), the Secretary of Defense and the Secretary of the military departments concerned shall not have to consider— (i) the need for closing or realigning the military installation which has been recommended for closure or realignment by the Commission; (ii) the need for transferring functions to any military installation which has been selected as the receiving installation; or (iii) military installations alternative to those recommended or selected. (3) A civil action for judicial review, with respect to any requirement of the National Environmental Policy Act of 1969 to the extent such Act is applicable under paragraph (2), of any act or failure to act by the Department of Defense during the closing, realigning, or relocating of functions referred to in clauses (i) and (ii) of paragraph (2)(A), may not be brought more than 60 days after the date of such act or failure to act. (d) Waiver The Secretary of Defense may close or realign military installations under this title without regard to— (1) any provision of law restricting the use of funds for closing or realigning military installations included in any appropriations or authorization Act; and (2) sections 2662 and 2687 of title 10, United States Code. (e) Transfer authority in connection with payment of environmental remediation costs (1) (A) Subject to paragraph (2) of this subsection and section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) (B) The real property and facilities referred to in subparagraph (A) are the real property and facilities located at an installation closed or to be closed, or realigned or to be realigned, under this title that are available exclusively for the use, or expression of an interest in a use, of a redevelopment authority under subsection (b)(6)(F) during the period provided for that use, or expression of interest in use, under that subsection. The real property and facilities referred to in subparagraph (A) are also the real property and facilities located at an installation approved for closure or realignment under this title after 2001 that are available for purposes other than to assist the homeless. (C) The Secretary may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the Secretary considers appropriate to protect the interests of the United States. (2) A transfer of real property or facilities may be made under paragraph (1) only if the Secretary certifies to Congress that— (A) the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the Secretary with respect to the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the Secretary; or (B) if such costs are lower than the fair market value of the property or facilities, the recipient of the property or facilities agrees to pay the difference between the fair market value and such costs. (3) In the case of property or facilities covered by a certification under paragraph (2)(A), the Secretary may pay the recipient of such property or facilities an amount equal to the lesser of— (A) the amount by which the costs incurred by the recipient of such property or facilities for all environmental restoration, waste, management, and environmental compliance activities with respect to such property or facilities exceed the fair market value of such property or facilities as specified in such certification; or (B) the amount by which the costs (as determined by the Secretary) that would otherwise have been incurred by the Secretary for such restoration, management, and activities with respect to such property or facilities exceed the fair market value of such property or facilities as so specified. (4) As part of an agreement under paragraph (1), the Secretary shall disclose to the person to whom the property or facilities will be transferred any information of the Secretary regarding the environmental restoration, waste management, and environmental compliance activities described in paragraph (1) that relate to the property or facilities. The Secretary shall provide such information before entering into the agreement. (5) Nothing in this subsection shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (6) Section 330 of the National Defense Authorization Act for Fiscal Year 1993 ( Public Law 102–484 2906. Department of Defense Base Closure Account 2014 (a) In general (1) If the Secretary makes the certifications required under section 2903(b), there shall be established on the books of the Treasury an account to be known as the Department of Defense Base Closure Account 2014 Account (2) There shall be deposited into the Account— (A) funds authorized for and appropriated to the Account; (B) any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of Defense for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees; and (C) except as provided in subsection (d), proceeds received from the lease, transfer, or disposal of any property at a military installation that is closed or realigned under this title. (3) The Account shall be closed at the time and in the manner provided for appropriation accounts under section 1555 (b) Use of funds (1) The Secretary may use the funds in the Account only for the purposes described in section 2905 with respect to military installations approved for closure or realignment under this title. (2) When a decision is made to use funds in the Account to carry out a construction project under section 2905(a) and the cost of the project will exceed the maximum amount authorized by law for a minor military construction project, the Secretary shall notify in writing the congressional defense committees of the nature of, and justification for, the project and the amount of expenditures for such project. Any such construction project may be carried out without regard to section 2802(a) (c) Reports (1) (A) No later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this title using amounts in the Account, the Secretary shall transmit a report to the congressional defense committees of— (i) the amount and nature of the deposits into, and the expenditures from, the Account during such fiscal year; (ii) the amount and nature of other expenditures made pursuant to section 2905(a) during such fiscal year; (iii) the amount and nature of anticipated deposits to be made into, and the anticipated expenditures to be made from, the Account during the first fiscal year commencing after the submission of the report; and (iv) the amount and nature of anticipated expenditures to be made pursuant to section 2905(a) during the first fiscal year commencing after the submission of the report. (B) The report for a fiscal year shall include the following: (i) The obligations and expenditures from the Account during the fiscal year, identified by subaccount and installation, for each military department and Defense Agency. (ii) The fiscal year in which appropriations for such expenditures were made and the fiscal year in which finds were obligated for such expenditures. (iii) Each military construction project for which such obligations and expenditures were made, identified by installation and project title. (iv) A description and explanation of the extent, if any, to which expenditures for military construction projects for the fiscal year differed from proposals for projects and funding levels that were included in the justification transmitted to Congress under section 2907(1), or otherwise, for the funding proposals for the Account for such fiscal year, including an explanation of— (I) any failure to carry out military construction projects that were so proposed; and (II) any expenditures for military construction projects that were not so proposed. (v) An estimate of the net revenues to be received from property disposals to be completed during the first fiscal year commencing after the submission of the report at military installations approved for closure or realignment under this title. (2) No later than 60 days after the closure of the Account under subsection (a)(3), the Secretary shall transmit to the congressional defense committees a report containing an accounting of— (A) all the funds deposited into and expended from the Account or otherwise expended under this title with respect to such installations; and (B) any amount remaining in the Account. (d) Disposal or transfer of commissary stores and property purchased with nonappropriated funds (1) If any real property or facility acquired, constructed, or improved (in whole or in part) with commissary store funds or nonappropriated funds is transferred or disposed of in connection with the closure or realignment of a military installation under this title, a portion of the proceeds of the transfer or other disposal of property on that installation shall be deposited in the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note). (2) The amount so deposited shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated value of the investment shall be computed in accordance with regulations prescribed by the Secretary. (3) The Secretary may use amounts in the reserve account, without further appropriation, for the purpose of acquiring, constructing, and improving— (A) commissary stores; and (B) real property and facilities for nonappropriated fund instrumentalities. (4) As used in this subsection: (A) The term commissary store funds section 2685 (B) The term nonappropriated funds (C) The term nonappropriated fund instrumentality (e) Account exclusive source of funds for environmental restoration projects Except for funds deposited into the Account under subsection (a), funds appropriated to the Department of Defense may not be used for purposes described in section 2905(a)(1)(C). The prohibition in this subsection shall expire upon the closure of the Account under subsection (a)(3). (f) Authorized cost and scope of work variations (1) Subject to paragraphs (2) and (3), the cost authorized for a military construction project or military family housing project to be carried out using funds in the Account may not be increased or reduced by more than 20 percent or $2,000,000, whichever is less, of the amount specified for the project in the conference report to accompany the Military Construction Authorization Act authorizing the project. The scope of work for such a project may not be reduced by more than 25 percent from the scope specified in the most recent budget documents for the projects listed in such conference report. (2) Paragraph (1) shall not apply to a military construction project or military family housing project to be carried out using funds in the Account with an estimated cost of less than $5,000,000, unless the project has not been previously identified in any budget submission for the Account and exceeds the applicable minor construction threshold under section 2805 (3) The limitation on cost or scope variation in paragraph (1) shall not apply if the Secretary of Defense makes a determination that an increase or reduction in cost or a reduction in the scope of work for a military construction project or military family housing project to be carried out using funds in the Account needs to be made for the sole purpose of meeting unusual variations in cost or scope. If the Secretary makes such a determination, the Secretary shall notify the congressional defense committees of the variation in cost or scope not later than 21 days before the date on which the variation is made in connection with the project or, if the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code, not later than 14 days before the date on which the variation is made. The Secretary shall include the reasons for the variation in the notification. 2907. Reports (a) Reporting requirement As part of the budget request for fiscal year 2019 and for each fiscal year thereafter through fiscal year 2030 for the Department of Defense, the Secretary shall transmit to the congressional defense committees— (1) a schedule of the closure actions to be carried out under this title in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such closure and of the time period in which these savings are to be achieved in each case, together with the Secretary’s assessment of the environmental effects of such actions; (2) a description of the military installations, including those under construction and those planned for construction, to which functions are to be transferred as a result of such closures, together with the Secretary’s assessment of the environmental effects of such transfers; (3) a description of the closure actions already carried out at each military installation since the date of the installation's approval for closure under this title and the current status of the closure of the installation, including whether— (A) a redevelopment authority has been recognized by the Secretary for the installation; (B) the screening of property at the installation for other Federal use has been completed; and (C) a redevelopment plan has been agreed to by the redevelopment authority for the installation; (4) a description of redevelopment plans for military installations approved for closure under this title, the quantity of property remaining to be disposed of at each installation as part of its closure, and the quantity of property already disposed of at each installation; (5) a list of the Federal agencies that have requested property during the screening process for each military installation approved for closure under this title, including the date of transfer or anticipated transfer of the property to such agencies, the acreage involved in such transfers, and an explanation for any delays in such transfers; (6) a list of known environmental remediation issues at each military installation approved for closure under this title, including the acreage affected by these issues, an estimate of the cost to complete such environmental remediation, and the plans (and timelines) to address such environmental remediation; and (7) an estimate of the date for the completion of all closure actions at each military installation approved for closure or realignment under this title. 2908. Congressional consideration of commission report (a) Terms of the resolution For purposes of section 2904(b), the term joint resolution (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: That Congress disapproves the recommendations of the Defense Base Closure and Realignment Commission as submitted by the President on (3) the title of which is as follows: Joint resolution disapproving the recommendations of the Defense Base Closure and Realignment Commission. (b) Referral A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Armed Services of the Senate. (c) Discharge If the committee to which a resolution described in subsection (a) is referred has not reported such a resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits the report to the Congress under section 2903(j), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration (1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by other house (1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution— (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the senate and house This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 2909. Restriction on other base closure authority (a) In general Except as provided in subsection (c), during the period beginning on the date of the enactment of this Act, and ending on April 15, 2018, this title shall be the exclusive authority for selecting for closure or realignment, or for carrying out any closure or realignment of, a military installation inside the United States. (b) Restriction Except as provided in subsection (c), none of the funds available to the Department of Defense may be used, other than under this title, during the period specified in subsection (a)— (1) to identify, through any transmittal to the Congress or through any other public announcement or notification, any military installation inside the United States as an installation to be closed or realigned or as an installation under consideration for closure or realignment; or (2) to carry out any closure or realignment of a military installation inside the United States. (c) Exception Nothing in this title affects the authority of the Secretary to carry out closures and realignments to which section 2687 2910. Definitions As used in this title: (1) The term Account (2) The term congressional defense committees (3) The term Commission (4) The term military installation (5) The term realignment (6) The term Secretary (7) The term United States (8) The term date of approval (9) The term redevelopment authority (10) The term redevelopment plan (A) is agreed to by the local redevelopment authority with respect to the installation; and (B) provides for the reuse or redevelopment of the real property and personal property of the installation that is available for such reuse and redevelopment as a result of the closure or realignment of the installation. (11) The term representative of the homeless 42 U.S.C. 11411(i)(4) 2911. Treatment as a base closure law for purposes of other provisions of law (a) Definition of base closure law Section 101(a)(17) (D) The Defense Base Closure and Realignment Act of 2014. . (b) Definition of Base closure law (1) Section 131(b) of Public Law 107–249 10 U.S.C. 221 means has the meaning given the term ‘base closure law’ in section 101(a)(17) (2) Section 1334(k)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2701 (C) The Defense Base Closure and Realignment Act of 2014. . (3) Section 2918(a)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2687 (C) The Defense Base Closure and Realignment Act of 2014. . 2912. Conforming amendments (a) Deposit and use of lease proceeds Section 2667(e) (1) in paragraph (5), by striking on or after January 1, 2005, from January 1, 2005 through December 31, 2005, (2) by adding at the end the following new paragraph: (6) Money rentals received by the United States from a lease under subsection (g) at a military installation approved for closure or realignment under a base closure law on or after January 1, 2006, shall be deposited into the account established under section 2906 of the Defense Base Closure and Realignment Act of 2014. . (b) Requests by public agencies for property for public airports Section 47151(g) section 2687 of title 10, section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act ( 10 U.S.C. 2687 10 U.S.C. 2687 a base closure law, as that term is defined in section 101(a)(17) (c) Restored leave Section 6304(d)(3)(A) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 10 U.S.C. 2687 a base closure law, as that term is defined in section 101(a)(17)

Summary: National Defense Authorization Act for Fiscal Year 2015 - Authorizes FY2015 appropriations for military activities of the Department of Defense (DOD) and for military construction. Authorizes military personnel strengths for FY2015. Authorizes FY2015 appropriations to DOD for: procurement, including aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, the Joint Improvised Explosive Device Defeat Fund, and other procurement; research, development, test, and evaluation; operation and maintenance; military personnel; working capital funds; the Joint Urgent Operational Needs Fund; chemical agents and munitions destruction; drug interdiction and counter-drug activities; the Office of the Inspector General; and    the Defense Health Program. Sets forth provisions or requirements concerning: end strengths for active and reserve forces; military personnel policy, including education and training, sexual assault prevention and response, and military justice and legal matters; military pay and allowances; military health care; acquisition policy and management; DOD organization and management; financial matters; counter-drug and counterterrorism activities; civilian personnel matters; matters relating to foreign nations; cooperative threat reduction; and military construction and military family housing. Military Construction Authorization Act for Fiscal Year 2015 - Authorizes appropriations for FY2015 for military construction for the Armed Forces and defense agencies, including the North Atlantic Treaty Organization (NATO) Security Investment Program and base realignment and closure (BRAC) activities.