H. R. 3304—339 
that was not submitted by the Secretary to the Director of the 
Office of Management and Budget in the previous year under para-
graph (1) because the value of the improvements to be released 
pursuant to the proposed agreement did not exceed $10,000,000. 
‘‘(e) CONGRESSIONAL OVERSIGHT OF USE OF PAYMENTS-IN-KIND 
FOR CONSTRUCTION
OR OPERATIONS.—(1) Before concluding an 
agreement for acceptance of military construction or facility 
improvements as a payment-in-kind, the Secretary of Defense shall 
submit to the congressional defense committees a notification on 
the proposed agreement. Any such notification shall contain the 
following: 
‘‘(A) A description of the military construction project or 
facility improvement project. 
‘‘(B) An explanation of the military requirement to be satis-
fied with the project. 
‘‘(C) A certification that the project is included in the cur-
rent future-years defense program. 
‘‘(2) Before concluding an agreement for acceptance of host 
nation support or host nation payment of operating costs of United 
States forces as a payment-in-kind, the Secretary of Defense shall 
submit to the congressional defense committees a notification on 
the proposed agreement. Any such notification shall contain the 
following: 
‘‘(A) A description of each activity to be covered by the 
payment-in-kind. 
‘‘(B) A certification that the costs to be covered by the 
payment-in-kind are included in the budget of one or more 
of the military departments or that it will otherwise be nec-
essary to provide for payment of such costs in a budget of 
one or more of the military departments in the current or 
the next fiscal year. 
‘‘(3) When the Secretary of Defense submits a notification of 
a proposed agreement under paragraph (1) or (2), the Secretary 
may then enter into the agreement described in the notification 
only after the end of the 30-day period beginning on the date 
on which the notification is submitted or, if earlier, the end of 
the 14-day period beginning on the date on which a copy of the 
notification is provided in an electronic medium pursuant to section 
480 of this title. 
‘‘(f) AUTHORIZED USE OF PAYMENTS-IN-KIND.—(1) A military 
construction project, as defined in chapter 159 of this title, may 
be accepted as a payment-in-kind contribution pursuant to a 
bilateral agreement with a host country only if that military 
construction project is authorized by law. 
‘‘(2) Operations of United States forces may be funded through 
a payment-in-kind contribution under this section only if the costs 
covered by such payment are included in the budget justification 
documents for the Department of Defense submitted to Congress 
in connection with the budget submitted under 1105 of title 31. 
‘‘(3) If funds previously appropriated for a military construction 
project, facility improvement, or operating costs are subsequently 
addressed in an agreement for a payment-in-kind contribution, 
the Secretary of Defense shall return to the Treasury funds in 
the amount equal to the value of the appropriated funds. 
‘‘(4) This subsection does not apply to a military construction 
project that—
H. R. 3304—340 
‘‘(A) was specified in a bilateral agreement with a host 
country that was entered into prior to the date of the enactment 
of the Military Construction Authorization Act for Fiscal Year 
2014; 
‘‘(B) was accepted as payment-in-kind for the residual value 
of improvements made by the United States at military installa-
tions released to the host country under section 2921 of the 
Military Construction Authorization Act for Fiscal Year 1991 
(division B of Public Law 101–510; 10 U.S.C. 2687 note) prior 
to the date of the enactment of the Military Construction 
Authorization Act for Fiscal Year 2014; or 
‘‘(C) subject to paragraph (5), will cost less than the cost 
specified in subsection (a)(2) of section 2805 of this title for 
certain unspecified minor military construction projects. 
‘‘(5) In the case of a military construction project excluded 
pursuant to paragraph (4)(C) whose cost will exceed the cost speci-
fied in subsection (b) of section 2805 of this title for certain unspec-
ified minor military construction projects, the congressional notifica-
tion requirements and waiting period specified in paragraph (2) 
of such subsection shall apply. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘fair market value of the improvements’ 
means the value of improvements determined by the Secretary 
of Defense on the basis of their highest use. 
‘‘(2) The term ‘improvements’ includes new construction 
of facilities and all additions, improvements, modifications, or 
renovations made to existing facilities or to real property, with-
out regard to whether they were carried out with appropriated 
or nonappropriated funds. 
‘‘(3) The term ‘nonappropriated funds’ means funds received 
from— 
‘‘(A) the adjustment of, or surcharge on, selling prices 
at commissary stores fixed under section 2685 of this title; 
or 
‘‘(B) a nonappropriated fund instrumentality. 
‘‘(4) The term ‘nonappropriated fund instrumentality’ 
means an instrumentality of the United States under the juris-
diction of the armed forces (including the Army and Air Force 
Exchange Service, the Navy Resale and Services Support Office, 
and the Marine Corps exchanges) which is conducted for the 
comfort, pleasure, contentment, or physical or mental improve-
ment of members of the armed forces.’’. 
(b) REPEAL OF SUPERSEDED PROVISIONS RELATED TO OVERSEAS 
BASE CLOSURES AND REALIGNMENTS .— 
(1) REPEAL; RETENTION OF SENSE OF CONGRESS.—Section 
2921 of the National Defense Authorization Act for Fiscal Year 
1991 (Public Law 101–510; 10 U.S.C. 2687 note) is amended— 
(A) by striking ‘‘(a) SENSE OF CONGRESS.—’’; and 
(B) by striking subsections (b) through (g). 
(2) TREATMENT OF SPECIAL ACCOUNT.—The repeal of sub-
section (c) of section 2921 of the National Defense Authorization 
Act for Fiscal Year 1991 by paragraph (1)(B) shall not affect 
the Department of Defense Overseas Military Facility Invest-
ment Recovery Account established by such subsection, 
amounts in such account, or the continued use of such account 
as provided in section 2687a of title 10, United States Code, 
as amended by subsection (a) of this section.
H. R. 3304—341 
(c) REQUIREMENTS RELATED TO PAYMENT-IN-KIND CONTRIBU-
TIONS PURSUANT TO BILATERAL AGREEMENTS WITH HOST COUN-
TRIES.—Section 2802 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(d)(1) The requirement under subsection (a) that a military 
construction project must be authorized by law includes military 
construction projects funded through payment-in-kind contributions 
pursuant to a bilateral agreement with a host country. 
‘‘(2) The Secretary of Defense or the Secretary concerned shall 
include military construction projects covered under paragraph (1) 
in the budget justification documents for the Department of Defense 
submitted to Congress in connection with the budget for a fiscal 
year submitted under 1105 of title 31. 
‘‘(3) This subsection does not apply to a military construction 
project that— 
‘‘(A) was specified in a bilateral agreement with a host 
country that was entered into prior to the date of the enactment 
of the Military Construction Authorization Act for Fiscal Year 
2014; 
‘‘(B) was accepted as payment-in-kind for the residual value 
of improvements made by the United States at military installa-
tions released to the host country under section 2921 of the 
Military Construction Authorization Act for Fiscal Year 1991 
(division B of Public Law 101–510; 10 U.S.C. 2687 note) prior 
to the date of the enactment of the Military Construction 
Authorization Act for Fiscal Year 2014; or 
‘‘(C) will cost less than the cost specified in subsection 
(a)(2) of section 2805 of this title for certain unspecified minor 
military construction projects. 
‘‘(4) In the case of a military construction project excluded 
pursuant to paragraph (3)(C) whose cost will exceed the cost speci-
fied in subsection (b) of section 2805 of this title for certain unspec-
ified minor military construction projects, the congressional notifica-
tion requirements and waiting period specified in paragraph (2) 
of such subsection shall apply.’’. 
SEC. 2808. EXTENSION AND MODIFICATION OF TEMPORARY, LIMITED 
AUTHORITY TO USE OPERATION AND MAINTENANCE 
FUNDS FOR CONSTRUCTION PROJECTS IN CERTAIN 
AREAS OUTSIDE THE UNITED STATES. 
Section 2808 of the Military Construction Authorization Act 
for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 
1723), as most recently amended by section 2804 of the Military 
Construction Authorization Act for Fiscal Year 2013 (division B 
of Public Law 112–239; 126 Stat. 2149), is further amended— 
(1) in subsection (a), by striking ‘‘The Secretary’’ and all 
that follows through ‘‘conditions:’’ and inserting ‘‘The Secretary 
of Defense may obligate appropriated funds available for oper-
ation and maintenance to carry out, inside the area of responsi-
bility of the United States Central Command or certain coun-
tries in the area of responsibility of the United States Africa 
Command, a construction project that the Secretary determines 
meets each of the following conditions:’’; 
(2) in subsection (c)(1), by striking ‘‘shall not exceed’’ and 
all that follows through the period at the end and inserting 
‘‘shall not exceed $100,000,000 between October 1, 2013, and 
the earlier of December 31, 2014, or the date of the enactment
H. R. 3304—342 
of an Act authorizing funds for military activities of the Depart-
ment of Defense for fiscal year 2015.’’; 
(3) in subsection (h)— 
(A) in paragraph (1), by striking ‘‘September 30, 2013’’ 
and inserting ‘‘December 31, 2014’’; and 
(B) in paragraph (2), by striking ‘‘fiscal year 2014’’ 
and inserting ‘‘fiscal year 2015’’; and 
(4) by striking subsection (i) and inserting the following 
new subsection: 
‘‘(i) CERTAIN COUNTRIES IN THE AREA OF RESPONSIBILITY OF 
UNITED STATES AFRICA COMMAND DEFINED.—In this section, the 
term ‘certain countries in the area of responsibility of the United 
States Africa Command’ means Kenya, Somalia, Ethiopia, Djibouti, 
Seychelles, Burundi, and Uganda.’’. 
SEC. 2809. LIMITATION ON CONSTRUCTION PROJECTS IN EUROPEAN 
COMMAND AREA OF RESPONSIBILITY. 
(a) LIMITATION.—Except as provided in subjection (b), the Sec-
retary of Defense or the Secretary of a military department shall 
not award any contract in connection with a construction project 
authorized by this division to be carried out at an installation 
operated in the European Command area of responsibility until 
the Secretary of Defense certifies to the congressional defense 
committees that— 
(1) the installation and specific military construction 
requirement— 
(A) have been assessed as part of the basing assess-
ment initiated by the Secretary of Defense on January 
25, 2013 (known as the ‘‘European Infrastructure Consoli-
dation Assessment’’); and 
(B) have been determined, pursuant to such assess-
ment, to be of an enduring nature; and 
(2) the specific military construction requirement most 
effectively meets combatant commander requirements at the 
authorized location. 
(b) EXCEPTIONS.—Subsection (a) does not apply with respect 
to a construction project that— 
(1) is authorized by law before the date of the enactment 
of this Act; 
(2) is carried out at an installation located in Greenland; 
(3) is funded through the North Atlantic Treaty Organiza-
tion Security Investment Program or intended to specifically 
support the North Atlantic Treaty Organization; or 
(4) is carried out under the authority of, and subject to 
the limits specified in, section 2805 of title 10, United States 
Code. 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 2811. DEVELOPMENT OF MASTER PLANS FOR MAJOR MILITARY 
INSTALLATIONS. 
Section 2864 of title 10, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘At a time’’ and inserting ‘‘(1) At a 
time’’; and