ogc.osd.mil · 1 a bill . to authorize appropriations for fiscal year 2015 for military activities...

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A BILL

To authorize appropriations for fiscal year 2015 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America 1

in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the “National Defense Authorization Act for Fiscal Year 2015”. 4

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 5

(a) DIVISIONS.—This Act is organized into two divisions as follows: 6

(1) Division A—Department of Defense Authorizations. 7

(2) Division B—Military Construction Authorizations. 8

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 9

Sec. 1. Short title. Sec. 2. Organization of act into divisions; table of contents.

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.

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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.

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Subtitle C—Member Education and Training

Sec. 521. Inter-European Air Forces Academy. Sec. 522. Authority for Joint Special Operations University to award degrees. Sec. 523. Duration of foreign and cultural exchange activities at military service academies.

Subtitle D—Defense Dependents’ Education and Military Family Readiness Matters

Sec. 531. Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse.

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

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

Subtitle E—Other Matters

Sec. 541. Procedures for judicial review of military personnel decisions relating to correction of military records. Sec. 542. Enhanced role for department of justice under Military Lending Act. Sec. 543. Enforcement of rights under chapter 43 of title 38, United States Code, with respect to a state or private

employer.

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 Corp 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.

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Sec. 713. Elimination of inpatient day limits in provision of mental health 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.

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.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 901. [RESERVED] 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.

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.

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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.

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.

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.

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Sec. 1403. Clarification of state responsibility, civil penalties, and private right of action. Sec. 1404. Technical clarifications to conform to 2009 move act amendments related to the federal write-in absentee

ballot. Sec. 1405. Treatment of ballot requests. Sec. 1406. Inclusion of Northern Mariana Islands in the definition of “state” for purposes of the uniformed and

overseas citizens absentee voting act. Sec. 1407. Requirement for presidential designee to revise the federal post card application to allow voters to

designate ballot requests. Sec. 1408. Requirement of plurality vote for virgin islands and Guam federal elections. Sec. 1409. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities

of the federal voting assistance program.

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS

[RESERVED]

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

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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.

TITLE I—PROCUREMENT 1

SEC. 101. ARMY. 2

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Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for 1

the Army as follows: 2

(1) For aircraft, $5,102,685,000. 3

(2) For missiles, $1,017,483,000. 4

(3) For weapons and tracked combat vehicles, $1,471,438,000. 5

(4) For ammunition, $1,031,477,000. 6

(5) For other procurement, $4,893,634,000. 7

SEC. 102. NAVY AND MARINE CORPS. 8


the Navy and Marine Corps as follows: 10

(1) For aircraft, $13,074,317,000. 11

(2) For weapons, including missiles and torpedoes, $3,217,945,000. 12

(3) For shipbuilding and conversion, $14,400,625,000. 13


(5) For procurement, Marine Corps, $983,352,000. 15

(6) For ammunition procurement, Navy and Marine Corps, $771,945,000. 16

SEC. 103. AIR FORCE. 17


the Air Force as follows: 19

(1) For aircraft, $11,542,571,000. 20

(2) For ammunition, $677,400,000. 21

(3) For missiles, $4,690,506,000. 22


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SEC. 104. DEFENSE-WIDE ACTIVITIES. 1

Funds are hereby authorized to be appropriated for fiscal year 2015 for Defense-wide 2

procurement in the amount of $4,221,437,000. 3

SEC. 105. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 4

Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint 5

Improvised Explosive Device Defeat Fund in the amount of $115,058,000. 6

SEC. 106. DEFENSE PRODUCTION ACT PURCHASES. 7

Funds are hereby authorized to be appropriated for fiscal year 2015 for purchases under 8

the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $21,638,000. 9

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 10

Subtitle A—Authorization of Appropriations 11

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 12

Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the 13

Department of Defense for research, development, test, and evaluation as follows: 14

(1) For the Army, $6,593,898,000. 15

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

(3) For the Air Force, $23,739,892,000. 17

(4) For Defense-wide activities, $16,766,084,000. 18

(5) For the Director of Operational Test and Evaluation, $167,738,000. 19

Subtitle B—Program Requirements, Restrictions, and Limitations 20

SEC. 211. REVISION TO THE SERVICE REQUIREMENT UNDER THE SCIENCE, 21

MATHEMATICS AND RESEARCH FOR TRANSFORMATION (SMART) 22

DEFENSE EDUCATION PROGRAM. 23

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Subparagraph (B) of section 2192a(c)(1) of title 10, United States Code, is amended by 1

striking “in the Department of Defense” and all that follows through the period at the end and 2

inserting “for the period of obligated service determined under paragraph (2)— 3

“(i) with the Department of Defense; or 4

“(ii) with a public or private sector entity or organization outside the 5

Department of Defense if the Secretary of Defense determines that employment 6

of the person with such entity or organization for the purpose of such obligated 7

service would provide a benefit to the Department of Defense.”. 8

SEC. 212. MODIFICATION TO THE REQUIREMENT FOR CONTRACTOR COST-9

SHARING IN THE PILOT PROGRAM TO INCLUDE TECHNOLOGY 10

PROTECTION FEATURES DURING RESEARCH AND DEVELOPMENT 11

OF CERTAIN DEFENSE SYSTEMS. 12

Section 243(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 13

2011 (Public Law 111-383; 10 U.S.C. 2358 note) is amended by striking “at least one half of the 14

cost of such activities” and inserting “an appropriate share of the cost of such activities, as 15

determined by the Secretary”. 16

TITLE III—OPERATION AND MAINTENANCE 17

Subtitle A—Authorization of Appropriations 18

SEC. 301. OPERATION AND MAINTENANCE FUNDING. 19


Armed Forces and other activities and agencies of the Department of Defense for expenses, not 21

otherwise provided for, for operation and maintenance, in amounts as follows: 22

(1) For the Army, $33,240,148,000. 23

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(2) For the Navy, $39,316,857,000. 1

(3) For the Marine Corps, $5,909,487,000. 2

(4) For the Air Force, $35,331,193,000. 3

(5) For Defense-wide activities, $31,198,232,000. 4

(6) For the Army Reserve, $2,490,569,000. 5

(7) For the Navy Reserve, $1,007,100,000. 6

(8) For the Marine Corps Reserve, $268,582,000. 7

(9) For the Air Force Reserve, $3,015,842,000. 8

(10) For the Army National Guard, $6,030,773,000. 9

(11) For the Air National Guard, $6,392,859,000. 10

(12) For the United States Court of Appeals for the Armed Forces, $13,723,000. 11

(13) For the Department of Defense Acquisition Workforce Development Fund, 12

$212,875,000. 13

(14) For Environmental Restoration, Army, $201,560,000. 14

(15) For Environmental Restoration, Navy, $277,294,000. 15

(16) For Environmental Restoration, Air Force, $408,716,000. 16

(17) For Environmental Restoration, Defense-wide, $8,547,000. 17

(18) For Environmental Restoration, Formerly Used Defense Sites, $208,353,000. 18

(19) For Overseas Humanitarian, Disaster, and Civic Aid programs, 19

$100,000,000. 20

(20) For Cooperative Threat Reduction programs, $365,108,000. 21

(21) For Overseas Contingency Operations Transfer Fund, $5,000,000. 22

(22) For Support for International Sporting Competitions, Defense, $10,000,000. 23

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Subtitle B—Program Matters 1

SEC. 311. EXPANSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO USE 2

THE DEPARTMENT OF DEFENSE REIMBURSEMENT RATE FOR 3

TRANSPORTATION SERVICES PROVIDED TO CERTAIN NON-4

DEPARTMENT OF DEFENSE ENTITIES. 5

(a) ELIGIBLE CATEGORIES OF TRANSPORTATION.—Subsection (a) of section 2642 of title 6

10, United States Code, is amended— 7

(1) in the matter preceding paragraph (1), by striking “The Secretary” and 8

inserting “Subject to subsection (b), the Secretary”; 9

(2) in paragraph (3)— 10

(A) by striking “During the period beginning on October 28, 2009, and 11

ending on October 28, 2019, for” and inserting “For”; 12

(B) by striking “of Defense” the first place it appears and all that follows 13

through “military sales” and inserting “of Defense”; and 14

(C) by striking “, but only if” and all that follows through “commercial 15

transportation industry”; and 16

(3) by adding at the end the following new paragraphs: 17

“(4) For military transportation services provided in support of foreign military 18

sales. 19

“(5) For military transportation services provided to a State, local, or tribal agency 20

(including any organization composed of State, local, or tribal agencies). 21

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“(6) For military transportation services provided to a Department of Defense 1

contractor when transporting supplies that are for, or destined for, a Department of 2

Defense entity.”. 3

(b) TERMINATION OF AUTHORITY FOR CERTAIN CATEGORIES OF TRANSPORTATION.—Such 4

section is further amended— 5

(1) by redesignating subsection (b) as subsection (c); and 6

(2) by inserting after subsection (a) the following new subsection (b): 7

“(b) TERMINATION OF AUTHORITY FOR CERTAIN CATEGORIES OF TRANSPORTATION.—The 8

provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military 9

transportation services provided before October 1, 2019.”. 10

(c) CLERICAL AMENDMENTS.— 11

(1) SECTION HEADING.—The heading of such section is amended to read as 12

follows: 13

“§ 2642. Transportation services provided to certain non-Department of Defense agencies 14

and entities: use of Department of Defense reimbursement rate”. 15

(2) TABLE OF SECTIONS.—The item relating to such section in the table of sections 16

at the beginning of chapter 157 of such title is amended to read as follows: 17

“2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of

Department of Defense reimbursement rate.”.

SEC. 312. REPEAL OF AUTHORITY RELATING TO USE OF MILITARY 18

INSTALLATIONS BY CIVIL RESERVE AIR FLEET CONTRACTORS. 19

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

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 931 of 21

such title is amended by striking the item relating to section 9513. 22

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SEC. 313. REPEAL OF ANNUAL REPORT ON DEPARTMENT OF DEFENSE 1

OPERATION AND FINANCIAL SUPPORT FOR MILITARY MUSEUMS. 2

(a) IN GENERAL.—Section 489 of title 10, United States Code, is repealed. 3

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of such 4

title is amended by striking the item relating to section 489. 5

SEC. 314. MEMORIAL TO THE VICTIMS OF THE SHOOTING ATTACK AT THE 6

WASHINGTON NAVY YARD. 7

(a) MEMORIAL AUTHORIZED.—The Secretary of the Navy may establish, maintain, and 8

repair a memorial dedicated to the victims of the shooting attack at the Washington Navy Yard, 9

Washington, D.C., that occurred on September 16, 2013. 10

(b) LOCATION.—The memorial shall become part of the Washington Navy Yard. 11

(c) ADDITIONAL FUNDING.— 12

(1) ESTABLISHMENT OF ACCOUNT.—An account shall be established on the books 13

of the Treasury for the purpose of managing contributions received pursuant to paragraph 14

(2). 15

(2) ACCEPTANCE OF CONTRIBUTIONS.—The Secretary of the Navy may establish 16

procedures under which the Secretary may solicit and accept monetary contributions or 17

gifts of property for the purpose of the activities described in subsection (a) without 18

regard to limitations contained in section 2601 of title 10, United States Code. 19

(3) DEPOSIT OF CONTRIBUTIONS.—The Secretary of the Navy shall deposit 20

monetary contributions accepted under paragraph (2) in the account established under 21

paragraph (1). The funds in the account established under paragraph (1) shall be available 22

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until expended without further appropriation, but only for the purposes described in 1

subsection (a). 2

SEC. 315. SOUTHERN SEA OTTER MILITARY READINESS AREAS. 3

(a) ESTABLISHMENT OF THE SOUTHERN SEA OTTER MILITARY READINESS AREAS.— 4

Chapter 631 of title 10, United States Code, is amended by adding at the end the following new 5

section: 6

“§ 7235. Establishment of the Southern Sea Otter Military Readiness Areas 7

“(a) ESTABLISHMENT.—The Secretary of the Navy shall establish areas, to be known as 8

‘Southern Sea Otter Military Readiness Areas’, for national defense purposes. Such areas shall 9

include each of the following: 10

“(1) The area that includes Naval Base Ventura County, San Nicolas Island, and 11

Begg Rock and the adjacent and surrounding waters within the following coordinates: 12

“N. Latitude/W. Longitude 13

“33°27.8´/119°34.3´ 14

“33°20.5´/119°15.5´ 15

“33°13.5´/119°11.8´ 16

“33°06.5´/119°15.3´ 17

“33°02.8´/119°26.8´ 18

“33°08.8´/119°46.3´ 19

“33°17.2´/119°56.9´ 20

“33°30.9´/119°54.2´. 21

“(2) The area that includes Naval Base Coronado, San Clemente Island and the 22

adjacent and surrounding waters running parallel to shore to 3 nautical miles from the 23

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high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 1

2010, as the San Clemente Island 3NM Safety Zone. 2

“(b) ACTIVITIES WITHIN THE SOUTHERN SEA OTTER MILITARY READINESS AREAS.— 3

“(1) INCIDENTAL TAKINGS UNDER ENDANGERED SPECIES ACT OF 1973.—Sections 4 4

and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with 5

respect to the incidental taking of any southern sea otter in the Southern Sea Otter 6

Military Readiness Areas in the course of conducting a military readiness activity. 7

“(2) INCIDENTAL TAKINGS UNDER MARINE MAMMAL PROTECTION ACT OF 1972.—8

Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 9

1372) shall not apply with respect to the incidental taking of any southern sea otter in the 10

Southern Sea Otter Military Readiness Areas in the course of conducting a military 11

readiness activity. 12

“(3) TREATMENT AS SPECIES PROPOSED TO BE LISTED.—For purposes of 13

conducting a military readiness activity, any southern sea otter while within the Southern 14

Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the 15

Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is 16

proposed to be listed as an endangered species or a threatened species under section 4 of 17

the Endangered Species Act of 1973 (16 U.S.C. 1533). 18

“(c) REMOVAL.—Nothing in this section or any other Federal law shall be construed to 19

require that any southern sea otter located within the Southern Sea Otter Military Readiness 20

Areas be removed from the Areas. 21

“(d) REVISION OR TERMINATION OF EXCEPTIONS.—The Secretary of the Interior may 22

revise or terminate the application of subsection (b) if the Secretary of the Interior, in 23

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consultation with the Secretary of the Navy, determines that military activities occurring in the 1

Southern Sea Otter Military Readiness Areas are impeding the southern sea otter conservation or 2

the return of southern sea otters to optimum sustainable population levels. 3

“(e) MONITORING.— 4

“(1) IN GENERAL.— The Secretary of the Navy shall conduct monitoring and 5

research within the Southern Sea Otter Military Readiness Areas to determine the effects 6

of military readiness activities on the growth or decline of the southern sea otter 7

population and on the near-shore ecosystem. Monitoring and research parameters and 8

methods shall be determined in consultation with the Service. 9

“(2) REPORTS.—Not later than 24 months after the date of the enactment of this 10

section and every three years thereafter, the Secretary of the Navy shall report to 11

Congress and the public on monitoring undertaken pursuant to paragraph (1). 12

“(g) DEFINITIONS.—In this section: 13

“(1) SOUTHERN SEA OTTER.—The term ‘southern sea otter’ means any member of 14

the subspecies Enhydra lutris nereis. 15

“(2) TAKE.—The term ‘take’— 16

“(A) when used in reference to activities subject to regulation by the 17

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), shall have the meaning 18

given such term in that Act; and 19

“(B) when used in reference to activities subject to regulation by the 20

Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall have the 21

meaning given such term in that Act. 22

18

“(3) INCIDENTAL TAKING.—The term ‘incidental taking’ means any take of a 1

southern sea otter that is incidental to, and not the purpose of, the carrying out of an 2

otherwise lawful activity. 3

“(4) MILITARY READINESS ACTIVITY.—The term ‘military readiness activity’ has 4

the meaning given that term in section 315(f) of the Bob Stump National Defense 5

Authorization Act for Fiscal Year 2003 (16 U.S.C. 703 note) and includes all training and 6

operations of the armed forces that relate to combat and the adequate and realistic testing 7

of military equipment, vehicles, weapons, and sensors for proper operation and suitability 8

for combat use. 9

“(5) OPTIMUM SUSTAINABLE POPULATION.—The term ‘optimum sustainable 10

population’ means, with respect to any population stock, the number of animals that will 11

result in the maximum productivity of the population or the species, keeping in mind the 12

carrying capacity of the habitat and the health of the ecosystem of which they form a 13

constituent element.”. 14

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is 15

amended by adding at the end the following new item: 16

“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 note) 17

is repealed. 18

SEC. 316. ENVIRONMENTAL RESTORATION AT FORMER NAVAL AIR STATION, 19

CHINCOTEAGUE, VIRGINIA. 20

(a) ENVIRONMENTAL RESTORATION PROJECT.—Notwithstanding the administrative 21

jurisdiction of the Administrator of the National Aeronautics and Space Administration over the 22

Wallops Flight Facility, Virginia, the Secretary of Defense may undertake an environmental 23

19

restoration project in a manner consistent with chapter 160 of title 10, United States Code, at the 1

property constituting that facility in order to provide necessary response actions for 2

contamination from a release of a hazardous substance or a pollutant or contaminant that is 3

solely attributable to the activities of the Department of Defense at the time the property was 4

under the administrative jurisdiction of the Secretary of the Navy or used by the Navy pursuant 5

to a permit or license issued by the National Aeronautics and Space Administration in the area 6

formerly known as the Naval Air Station Chincoteague, Virginia. Any such project may be 7

undertaken jointly or in conjunction with an environmental restoration project of the 8

Administrator. 9

(b) INTERAGENCY AGREEMENT.—The Secretary and the Administrator may enter into an 10

agreement or agreements to provide for the effective and efficient performance of environmental 11

restoration projects for purposes of subsection (a). Notwithstanding section 2215 of title 10, 12

United States Code, any such agreement may provide for environmental restoration projects 13

conducted jointly or by one agency on behalf of the other or both agencies and for 14

reimbursement of the agency conducting the project by the other agency for that portion of the 15

project for which the reimbursing agency has authority to respond. 16

(c) SOURCE OF DEPARTMENT OF DEFENSE FUNDS.—Pursuant to section 2703(c) of title 17

10, United States Code , the Secretary may use funds available in the Environmental Restoration, 18

Formerly Used Defense Sites, account of the Department of Defense for environmental 19

restoration projects conducted for or by the Secretary under subsection (a) and for reimbursable 20

agreements entered into under subsection (b). 21

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 22

Subtitle A—Active Forces 23

20

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 1

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2

2015, as follows: 3

(1) The Army, 490,000. 4

(2) The Navy, 323,600. 5

(3) The Marine Corps, 184,100. 6

(4) The Air Force, 310,900. 7

Subtitle B—Reserve Forces 8

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 9

(a) IN GENERAL.—The Armed Forces are authorized strengths for Selected Reserve 10

personnel of the reserve components as of September 30, 2015, as follows: 11

(1) The Army National Guard of the United States, 350,200. 12

(2) The Army Reserve, 202,000. 13

(3) The Navy Reserve, 57,300. 14

(4) The Marine Corps Reserve, 39,200. 15

(5) The Air National Guard of the United States, 105,000. 16

(6) The Air Force Reserve, 67,100. 17

(7) The Coast Guard Reserve, 9,000. 18

(b) END STRENGTH REDUCTIONS.—The end strengths prescribed by subsection (a) for the 19

Selected Reserve of any reserve component shall be proportionately reduced by— 20

(1) the total authorized strength of units organized to serve as units of the Selected 21

Reserve of such component which are on active duty (other than for training) at the end 22

of the fiscal year; and 23

21

(2) the total number of individual members not in units organized to serve as units 1

of the Selected Reserve of such component who are on active duty (other than for 2

training or for unsatisfactory participation in training) without their consent at the end of 3

the fiscal year. 4

(c) END STRENGTH INCREASES.—Whenever units or individual members of the Selected 5

Reserve for any reserve component are released from active duty during any fiscal year, the end 6

strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall 7

be increased proportionately by the total authorized strengths of such units and by the total 8

number of such individual members. 9

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF 10

THE RESERVES. 11

Within the end strengths prescribed in section 411(a), the reserve components of the 12

Armed Forces are authorized, as of September 30, 2015, the following number of Reserves to be 13

serving on full-time active duty or full-time duty, in the case of members of the National Guard, 14

for the purpose of organizing, administering, recruiting, instructing, or training the reserve 15

components: 16







SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). 23

22

The minimum number of military technicians (dual status) as of the last day of fiscal year 1

2015 for the reserve components of the Army and the Air Force (notwithstanding section 129 of 2

title 10, United States Code) shall be the following: 3

(1) For the Army National Guard of the United States, 27,210. 4

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

(3) For the Air National Guard of the United States, 21,792. 6

(4) For the Air Force Reserve, 9,789. 7

SEC. 414. FISCAL YEAR 2015 LIMITATION ON NUMBER OF NON-DUAL STATUS 8

TECHNICIANS. 9

(a) LIMITATIONS.— 10

(1) NATIONAL GUARD.—Within the limitation provided in section 10217(c)(2) of 11

title 10, United States Code, the number of non-dual status technicians employed by the 12

National Guard as of September 30, 2015, may not exceed the following: 13

(A) For the Army National Guard of the United States, 1,600. 14

(B) For the Air National Guard of the United States, 350. 15

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the 16

Army Reserve as of September 30, 2015, may not exceed the number in effect for the 17

Army Reserve under section 10217(c)(1) of title 10, United States Code. 18

(3) AIR FORCE RESERVE.—The number of non-dual status technicians employed 19

by the Air Force Reserve as of September 30, 2015, may not exceed 90. 20

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, the term “non-dual status 21

technician” has the meaning given that term in section 10217(a) of title 10, United States Code. 22

23

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE 1

ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 2

During fiscal year 2015, the maximum number of members of the reserve components of 3

the Armed Forces who may be serving at any time on full-time operational support duty under 4

section 115(b) of title 10, United States Code, is the following: 5







SEC. 416. MANAGEMENT OF MILITARY TECHNICIANS. 12

(a) DESIGNATION OF NON-DUAL STATUS TECHNICIAN POSITIONS.―Subsection (a) of 13

section 10217 of title 10, United States Code, is amended― 14

(1) in paragraph (1), by striking “a technician” and inserting “an employee of the 15

Department of Defense”; 16

(2) by striking “or” at the end of paragraph (2); 17

(3) by striking the period at the end of paragraph (3) and inserting “; or”; and 18

(4) by adding at the end the following new paragraph: 19

“(4) is serving in the Army Reserve in a position designated by the Secretary of 20

the Army to be filled by a non-dual status technician.”. 21

(b) REVISED LIMITATION ON NUMBER OF ARMY RESERVE TECHNICIANS.—Subsection 22

(c)(1) of such section is amended― 23

24

(1) by inserting “(A)” after “(1)”; 1

(2) by designating the second sentence as subparagraph (C); 2

(3) by inserting after subparagraph (A), as designated by paragraph (1), the 3

following new subparagraph: 4

“(B) The total number of non-dual status technicians employed by the Army Reserve 5

may not exceed 60 percent of the total number of military technicians employed by the Army 6

Reserve.”; and 7

(4) in subparagraph (C), as designated by paragraph (2), by striking “the 8

preceding sentence” and inserting “subparagraph (A) or subparagraph (B), as the case 9

may be”. 10

(c) LOSS OF STATUS AS A MILITARY TECHNICIAN (DUAL STATUS).―Section 10218(a)(3) 11

of such title is amended― 12

(1) in subparagraph (A)(ii)— 13

(A) by inserting “military” after “not a”; and 14

(B) by inserting “(dual status)” after “technician”; and 15

(2) in subparagraph (B), by inserting “in a position designated for military 16

technician (dual status)” after “non-dual status technician”. 17

Subtitle C—Authorization of Appropriations 18

SEC. 421. MILITARY PERSONNEL. 19

(a) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated 20

for military personnel for fiscal year 2015 a total of $128,957,593,000. 21

25

(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of appropriations in 1

subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for 2

such purpose for fiscal year 2015. 3

TITLE V—MILITARY PERSONNEL POLICY 4

Subtitle A—Officer Personnel Policy Generally 5

SEC. 501. REPEAL OF REQUIREMENT FOR SUBMISSION TO CONGRESS OF 6

ANNUAL REPORTS ON JOINT OFFICER MANAGEMENT AND 7

PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS. 8

(a) REPEAL OF ANNUAL REPORTS.— 9

(1) JOINT OFFICER MANAGEMENT.—Section 667 of title 10, United States Code, is 10

repealed. 11

(2) PROMOTION POLICY OBJECTIVES FOR JOINT OFFICERS.—Section 662 of such 12

title is amended — 13

(A) by striking “(a) QUALIFICATIONS.—”; and 14

(B) by striking subsection (b). 15

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 38 of such 16

title is amended by striking the item relating to section 667. 17

SEC. 502. AUTHORITY TO LIMIT CONSIDERATION FOR EARLY RETIREMENT 18

BY SELECTIVE RETIREMENT BOARDS TO PARTICULAR 19

WARRANT OFFICER YEAR GROUPS AND SPECIALTIES. 20

Section 581(d) of title 10, United State Code, is amended— 21

(1) by redesignating paragraph (2) as paragraph (3); 22

(2) by designating the second sentence of paragraph (1) as paragraph (2); and 23

26

(3) in paragraph (2), as so designated— 1

(A) by striking “the list shall include each” and inserting “the list shall 2

include— 3

“(A) the name of each”; 4

(B) by striking the period at the end and inserting “; or”; and 5

(C) by adding at the end the following new subparagraph: 6

“(B) with respect to a group of warrant officers designated under subparagraph 7

(A) who are in a particular grade and competitive category, only those warrant officers in 8

that grade and competitive category who are also in a particular year group or specialty, 9

or any combination thereof determined by the Secretary.”. 10

SEC. 503. AUTHORITY FOR THREE-MONTH DEFERRAL OF RETIREMENT FOR 11

OFFICERS SELECTED FOR SELECTIVE EARLY RETIREMENT. 12

(a) WARRANT OFFICERS.—Section 581(e) of title 10, United States Code, is amended— 13

(1) by striking “90 days” and inserting “three months”; and 14

(2) by inserting after the first sentence the following new sentence: “An officer 15

recommended for early retirement under this section, if approved for deferral, shall be 16

retired on the date requested by the officer, and approved by the Secretary concerned, 17

which date shall be not later than the first day of the tenth calendar month beginning after 18

the month in which the Secretary concerned approves the report of the board which 19

recommended the officer for early retirement.”. 20

(b) OFFICERS ON THE ACTIVE-DUTY LIST.—Section 638(b) of such title is amended— 21

(1) in paragraph (1), by inserting before the period at the end of subparagraph (B) 22

the following: “, with such retirement under that section to be not later than the first day 23

27

of the month beginning after the month in which the officer becomes qualified for 1

retirement under that section, or on the first day of the seventh calendar month beginning 2

after the month in which the Secretary concerned approves the report of the board which 3

recommended the officer for early retirement, whichever is later”; and 4


(A) by striking “90 days” and inserting “three months”; and 6

(B) by inserting after the first sentence the following new sentences: “An 7

officer recommended for early retirement under subparagraph (b)(1)(A) or under 8

section 638a of this title, if approved for deferral, shall be retired on the date 9

requested by the officer, and approved by the Secretary concerned, which date 10

shall be not later than the first day of the tenth calendar month beginning after the 11

month in which the Secretary concerned approves the report of the board which 12

recommended the officer for early retirement. The Secretary concerned may 13

defer the retirement of an officer otherwise approved for early retirement under 14

subparagraph (b)(1)(B), but in no case later than the first day of the tenth calendar 15

month beginning after the month in which the Secretary concerned approves the 16

report of the board which recommended the officer for early retirement. An 17

officer recommended for early retirement under subparagraph (b)(2), if approved 18

for deferral, shall be retired on the date requested by the officer, and approved by 19

the Secretary concerned, which date shall be not later than the first day of the 20

thirteenth calendar month beginning after the month in which the Secretary 21

concerned approves the report of the board which recommended the officer for 22

early retirement.”. 23

28

Subtitle B—Reserve Component Management 1

SEC. 511. RECONCILIATION OF CONTRADICTORY PROVISIONS RELATING TO 2

CITIZENSHIP QUALIFICATIONS FOR ENLISTMENT IN THE 3

RESERVE COMPONENTS OF THE ARMED FORCES. 4

Paragraphs (1) and (2) of section 12102(b) of title 10, United States Code, are amended 5

to read as follows: 6

“(1) that person has met the citizenship or residency requirements established in 7

section 504(b)(1) of this title; or 8

“(2) that person is authorized to enlist by the Secretary concerned under section 9

504(b)(2) of this title.”. 10

SEC. 512. REPEAL OF REQUIREMENT FOR MEMBERSHIP IN SPECIFIC UNIT OF 11

THE SELECTED RESERVE AS A CONDITION OF EMPLOYMENT AS 12

A MILITARY TECHNICIAN (DUAL STATUS). 13

(a) REPEAL OF UNIT MEMBERSHIP REQUIREMENT.—Section 10216 of title 10, United 14

States Code, is amended by striking subsection (d). 15

(b) CONFORMING AMENDMENT.—Subsection (g) of such section is amended by striking 16

“subsection (d) of this section or”. 17

SEC. 513. RETENTION ON THE RESERVE ACTIVE-STATUS LIST FOLLOWING 18

NONSELECTION FOR PROMOTION OF CERTAIN HEALTH 19

PROFESSIONS OFFICERS AND FIRST LIEUTENANTS AND 20

LIEUTENANTS (JUNIOR GRADE) PURSUING BACCALAUREATE 21

DEGREES. 22

29

(a) RETENTION OF CERTAIN FIRST LIEUTENANTS AND LIEUTENANTS (JUNIOR GRADE) 1

FOLLOWING NONSELECTION FOR PROMOTION.―Subsection (a)(1) of section 14701 of title 10, 2

United States Code, is amended— 3

(1) by inserting “(A)” after “(1)”; 4

(2) by striking “A reserve office of” and inserting “A reserve officer of the Army, 5

Navy, Air Force, or Marine Corps described in subparagraph (B) who is required to be 6

removed from the reserve active-status list under section 14504 of this title, or a reserve 7

officer of”; 8

(3) by inserting a comma after “14507 of this title”; and 9

(4) by adding at the end the following new subparagraph: 10

“(B) A reserve officer described in this subparagraph is a reserve officer of the Army, Air 11

Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy 12

who holds the grade of lieutenant (junior grade), who— 13

“(i) is a health professions officer; or 14

“(ii) is actively pursuing an undergraduate program of education leading to a 15

baccalaureate degree.”. 16

(b) RETENTION OF HEALTH PROFESSIONS OFFICERS.―Such section is further amended― 17

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

(2) by inserting after subsection (a) the following new subsection (b): 19

“(b) CONTINUATION OF HEALTH PROFESSIONS OFFICERS.―(1) Notwithstanding 20

subsection (a)(6), a health professions officer obligated to a period of service incurred under 21

section 16201 of this title who is required to be removed from the reserve active-status list under 22

section 14504, 14505, 14506, or 14507 of this title and who has not completed a service 23

30

obligation incurred under section 16201 shall be retained on the reserve active-status list until the 1

completion of such service obligation and then discharged, unless sooner retired or discharged 2

under another provision of law. 3

“(2) The Secretary concerned may waive the applicability of paragraph (1) to any officer 4

if the Secretary determines that completion of the service obligation of that officer is not in the 5

best interest of the service. 6

“(3) A health professions officer who is continued on the reserve active-status list under 7

this subsection who is subsequently promoted or whose name is on a list of officers 8

recommended for promotion to the next higher grade is not required to be discharged or retired 9

upon completion of the officer’s service obligation. Such officer may continue on the reserve 10

active-status list as other officers of the same grade unless separated under another provision of 11

law.”. 12

Subtitle C—Member Education and Training 13

SEC. 521. INTER-EUROPEAN AIR FORCES ACADEMY. 14

(a) IN GENERAL.—Chapter 907 of title 10, United States Code, is amended by inserting 15

after section 9415 the following new section: 16

“§9416. Inter-European Air Forces Academy 17

“(a) OPERATION.—The Secretary of the Air Force may operate the Air Force education 18

and training facility known as the Inter-European Air Forces Academy for the purpose of 19

providing military education and training to military personnel of countries that are members of 20

the North Atlantic Treaty Organization or signatories to the Partnership for Peace Framework 21

Documents, and other countries eligible for assistance under chapter 5 of part II of the Foreign 22

Assistance Act of 1961 (22 U.S.C. 2347 et. seq.). 23

31

“(b) ELIGIBLE COUNTRIES.— 1

“(1) No foreign force may be trained under the authority of this section without 2

the concurrence of the Secretary of State. 3

“(2) The Secretary of the Air Force may not use the authority in subsection (a) to 4

provide assistance to any foreign country that is otherwise prohibited from receiving such 5

type of assistance under any other provision of law. 6

“(c) COSTS.—The costs of operating and maintaining the Inter-European Air Forces 7

Academy may be paid from funds available for operation and maintenance of the Air Force. 8

“(d) SUPPLIES AND CLOTHING.—The Secretary of the Air Force may, under such 9

conditions as the Secretary may prescribe, provide to a person receiving training under this 10

chapter— 11

“(1) transportation incident to the training; 12

“(2) supplies and equipment to be used during the training; and 13

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

“(e) LIVING ALLOWANCE.—The Secretary of the Air Force may pay to a person receiving 15

training under this chapter a living allowance at a rate to be prescribed by the Secretary, taking 16

into account the amount of living allowances authorized for a member of the armed forces under 17

similar circumstances. 18

“(f) MAINTENANCE.—The Secretary of the Air Force may authorize such expenditures 19

from the appropriations of the Air Force as the Secretary considers necessary for the efficient 20

and effective maintenance of the Program in accordance with this chapter.”. 21


amended by inserting after the item relating to section 9415 the following new item: 23

“9416. Inter-European Air Forces Academy.”.

32

SEC. 522. AUTHORITY FOR JOINT SPECIAL OPERATIONS UNIVERSITY TO 1

AWARD DEGREES. 2

(a) IN GENERAL.—Chapter 108 of title 10, United States Code, is amended by inserting 3


“§ 2163a. Degree granting authority for Joint Special Operations University 5

“(a) AUTHORITY.—Under regulations prescribed by the Secretary of Defense, the 6

President of the Joint Special Operations University may, upon the recommendation of the 7

faculty of the Joint Special Operations University, confer appropriate degrees upon graduates 8

who meet the degree requirements. 9

“(b) LIMITATION.—A degree may not be conferred under this section unless— 10

“(1) the Secretary of Education has recommended approval of the degree in 11

accordance with the Federal Policy Governing Granting of Academic Degrees by Federal 12

Agencies: and 13

“(2) the Joint Special Operations University is accredited by the appropriate 14

civilian academic accrediting agency or organization to award the degree, as determined 15

by the Secretary of Education.”. 16



“2163a. Degree granting authority for Joint Special Operations University.”.

SEC. 523. DURATION OF FOREIGN AND CULTURAL EXCHANGE ACTIVITIES AT 19

MILITARY SERVICE ACADEMIES. 20

(a) MILITARY ACADEMY.—Section 4345a(a) of title 10, United States Code, is amended 21

by striking “two weeks” and inserting “four weeks”. 22

33

(b) NAVAL ACADEMY.—Section 6957b(a) of such title is amended by striking “two 1

weeks” and inserting “four weeks”. 2

(c) AIR FORCE ACADEMY.—Section 9345a(a) of such title is amended by striking “two 3

weeks” and inserting “four weeks”. 4

Subtitle D—Defense Dependents’ Education and Military Family Readiness 5

Matters 6

SEC. 531. EARLIER DETERMINATION OF DEPENDENT STATUS WITH RESPECT 7

TO TRANSITIONAL COMPENSATION FOR DEPENDENTS OF 8

MEMBERS SEPARATED FOR DEPENDENT ABUSE. 9

Subsection (d)(4) of section 1059 of title 10, United States Code, is amended by striking 10

“as of the date on which the individual described in subsection (b) is separated from active duty” 11

and inserting “as of the date on which the separation action is initiated by a commander of the 12

individual described in subsection (b)”. 13

SEC. 532. AUTHORITY TO EMPLOY NON-UNITED STATES CITIZENS AS 14

TEACHERS IN DEPARTMENT OF DEFENSE OVERSEAS 15

DEPENDENTS’ SCHOOL SYSTEM. 16

Section 2(2)(A) of the Defense Department Overseas Teachers Pay and Personnel 17

Practices Act (20 U.S.C. 901(2)(A)) is amended by inserting “or a local national who teaches a 18

host nation language course” after “who is a citizen of the United States”. 19

SEC. 533. EXPANSION OF THE FUNCTION OF THE ADVISORY COUNCIL ON 20

DEPENDENTS’ EDUCATION TO INCLUDE THE DOMESTIC 21

DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS. 22

34

(a) EXPANSION OF FUNCTIONS.—Subsection (c) of section 1411 of the Defense 1

Dependents’ Education Act of 1978 (20 U.S.C. 929) is amended— 2

(1) in paragraph (1), by inserting “, and of the domestic dependent elementary and 3

secondary school system established under section 2164 of title 10, United States Code,” 4

after “of the defense dependents’ education system”; and 5

(2) in paragraph (2), by inserting “and in the domestic dependent elementary and 6

secondary school system” before the comma at the end. 7

(b) MEMBERSHIP OF COUNCIL.—Subsection (a)(1)(B) of such section is amended— 8

(1) by inserting “and the domestic dependent elementary and secondary schools 9

established under section 2164 of title 10, United States Code” after “the defense 10

dependents’ education system”; and 11

(2) by inserting “either” before “such system”. 12

Subtitle E—Other Matters 13

SEC. 541. PROCEDURES FOR JUDICIAL REVIEW OF MILITARY PERSONNEL 14

DECISIONS RELATING TO CORRECTION OF MILITARY RECORDS. 15

(a) AVAILABILITY OF JUDICIAL REVIEW; LIMITATIONS.— 16

(1) IN GENERAL.—Chapter 79 of title 10, United States Code, is amended by 17

adding at the end the following new section: 18

“§ 1560. Judicial review of decisions relating to correction of military records 19

“(a) AVAILABILITY OF JUDICIAL REVIEW.— 20

“(1) IN GENERAL.—Pursuant to sections 1346 and 1491 of title 28 and chapter 7 of 21

title 5, any person adversely affected by a records correction final decision may obtain 22

judicial review of the decision in a court with jurisdiction to hear the matter. 23

35

“(2) RECORDS CORRECTION FINAL DECISION DEFINED.—In this section, the term 1

‘records correction final decision’ means any of the following decisions: 2

“(A) A final decision issued by the Secretary concerned pursuant to 3

section 1552 of this title. 4

“(B) A final decision issued by the Secretary of a military department or 5

the Secretary of Homeland Security pursuant to section 1034(g) of this title. 6

“(C) A final decision issued by the Secretary of Defense pursuant to 7

section 1034(h) of this title. 8

“(D) A final decision issued by the Secretary concerned pursuant to 9

section 1554a of this title. 10

“(b) EXHAUSTION OF ADMINISTRATIVE REMEDIES.— 11

“(1) GENERAL RULE.—Except as provided in paragraphs (3) and (4), judicial 12

review of a matter that could be subject to correction under a provision of law specified 13

in subsection (a)(2) may not be obtained under this section or any other provision of law 14

unless— 15

“(A) the petitioner has requested a correction under sections 1552 or 16

1554a of this title (including such a request in a matter arising under section 1034 17

of this title); and 18

“(B) the Secretary concerned has rendered a final decision denying that 19

correction in whole or in part. 20

“(2) WHISTLEBLOWER CASES.—When the final decision of the Secretary 21

concerned is subject to review by the Secretary of Defense under section 1034(h) of this 22

title, the petitioner is not required to seek such review before obtaining judicial review, 23

36

but if the petitioner seeks such review, judicial review may not be sought until the earlier 1

of the following occurs: 2

“(A) The Secretary of Defense makes a decision in the matter. 3

“(B) The period specified in section 1034(h) of this title for the Secretary 4

to make a decision in the matter expires. 5

“(3) CLASS ACTIONS.—If judicial review of a records correction final decision is 6

sought, and the petitioner for such judicial review also seeks to bring a class action with 7

respect to a matter for which the petitioner requested a correction under section 1552 of 8

this title (including a request in a matter arising under section 1034 of this title) and the 9

court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to 10

any member of the certified class (other than the petitioner) with respect to any matter 11

covered by a claim for which the class is certified. 12

“(4) TIMELINESS.—Paragraph (1) shall not apply if the records correction final 13

decision of the Secretary concerned is not issued by the date that is 18 months after the 14

date on which the petitioner requests a correction. 15

“(c) STATUTES OF LIMITATION.— 16

“(1) SIX YEARS FROM FINAL DECISION.—A records correction final decision (other 17

than in a matter to which paragraph (2) applies) is not subject to judicial review under 18

this section or otherwise subject to review in any court unless petition for such review is 19

filed in a court not later than six years after the date of the records correction final 20

decision. 21

“(2) SIX YEARS FOR CERTAIN CLAIMS THAT MAY RESULT IN PAYMENT OF MONEY.—22

(A) In a case of a records correction final decision described in subparagraph (B), the 23

37

records correction final decision (or the portion of such decision described in such 1

subparagraph) is not subject to judicial review under this section or otherwise subject to 2

review in any court unless petition for such review is filed in a court before the end of the 3

six-year period that began on the date of discharge, retirement, release from active duty, 4

or death while on active duty, of the person whose military records are the subject of the 5

correction request. Such period does not include any time between the date of the filing 6

of the request for correction of military records leading to the records correction final 7

decision and the date of the final decision. 8

“(B) Subparagraph (A) applies to a records correction final decision or portion of 9

the decision that involves a denial of a claim that, if relief were to be granted by the court, 10

would support, or result in, the payment of money either under a court order or under a 11

subsequent administrative determination, other than payments made under— 12

“(i) chapter 61 of this title to a claimant who prior to such records 13

correction final decision, was not the subject of a decision by a physical 14

evaluation board or by any other board authorized to grant disability payments to 15

the claimant; or 16

“(ii) chapter 73 of this title. 17

“(d) HABEAS CORPUS.—This section does not affect any cause of action arising under 18

chapter 153 of title 28.”. 19

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such 20

chapter is amended by adding at the end the following new item: 21

“1560. Judicial review of decisions.”. 22

38

(b) EFFECT OF DENIAL OF REQUEST FOR CORRECTION OF RECORDS WHEN PROHIBITED 1

PERSONNEL ACTION ALLEGED.— 2

(1) NOTICE OF DENIAL; PROCEDURES FOR JUDICIAL REVIEW.—Subsection (g) of 3

section 1034 of such title is amended by adding at the end the following new paragraph: 4

“(7) In any case in which the final decision of the Secretary concerned results in denial, 5

in whole or in part, of any requested correction of the record of the member or former member, 6

the Secretary concerned shall provide the member or former member— 7

“(A) a concise written statement of the basis for the decision; and 8

“(B) a notification of the availability of judicial review of the decision pursuant to 9

section 1560 of this title and the time period for obtaining such review in accordance with 10

the applicable statute of limitations.”. 11

(2) SECRETARY OF DEFENSE REVIEW; NOTICE OF DENIAL.—Subsection (h) of such 12

section is amended— 13

(A) by inserting “(1)” before “Upon the completion of all”; and 14

(B) by adding at the end the following new paragraph: 15

“(2) The submittal of a matter to the Secretary of Defense by the member or former 16

member under paragraph (1) must be made within 90 days of the receipt by the member or 17

former member of the final decision of the Secretary of the military department concerned in the 18

matter. In any case in which the final decision of the Secretary of Defense results in denial, in 19

whole or in part, of any requested correction of the record of the member or former member, the 20

Secretary of Defense shall provide the member or former member— 21

“(A) a concise written statement of the basis for the decision; and 22

39

“(B) a notification of the availability of judicial review of the decision pursuant to 1


the applicable statute of limitations.”. 3

(3) SOLE BASIS FOR JUDICIAL REVIEW.—Such section is further amended— 4

(A) by redesignating subsections (i) and (j) as subsections (j) and (k), 5

respectively; and 6

(B) by inserting after subsection (h) the following new subsection (i): 7

“(i) JUDICIAL REVIEW.—(1) A decision of the Secretary of Defense under subsection (h) 8

shall be subject to judicial review only as provided in section 1560 of this title. 9

“(2) In a case in which review by the Secretary of Defense under subsection (h) was not 10

sought, a decision of the Secretary of a military department under subsection (g) shall be subject 11

to judicial review only as provided in section 1560 of this title. 12

“(3) A decision by the Secretary of Homeland Security under subsection (g) shall be 13

subject to judicial review only as provided in section 1560 of this title.”. 14

(c) EFFECT OF DENIAL OF OTHER REQUESTS FOR CORRECTION OF MILITARY RECORDS.—15

Section 1552 of such title is amended by adding at the end the following new subsections: 16

“(h) In any case in which the final decision of the Secretary concerned results in denial, 17

in whole or in part, of any requested correction, the Secretary concerned shall provide the 18

claimant— 19

“(1) a concise written statement of the basis for the decision; and 20

“(2) a notification of the availability of judicial review of the decision pursuant to 21


the applicable statute of limitations. 23

40

“(i) A decision by the Secretary concerned under this section shall be subject to judicial 1

review only as provided in section 1560 of this title.”. 2

(d) JUDICIAL REVIEW OF CORRECTIONS RECOMMENDED BY THE PHYSICAL DISABILITY 3

BOARD OF REVIEW.—Section 1554a of such title is amended— 4

(1) by redesignating subsection (f) as subsection (h); and 5

(2) by inserting after subsection (e) the following new subsections (f) and (g): 6

“(f) RECORD OF DECISION AND NOTIFICATION.— In any case in which the final decision 7

of the Secretary concerned results in denial, in whole or in part, of any requested correction of 8

the record of the member or former member, the Secretary shall provide to the member or former 9

member— 10

“(1) a concise written statement of the basis for the decision; and 11

“(2) a notification of the availability of judicial review of the decision pursuant to 12


the applicable statute of limitations. 14

“(g) JUDICIAL REVIEW.—A decision by the Secretary concerned under this section shall 15

be subject to judicial review only as provided in section 1560 of this title.”. 16

(e) EFFECTIVE DATE AND APPLICATION.— 17

(1) IN GENERAL.—The amendments made by this section shall take effect on 18

January 1, 2016, and shall apply to all final decisions of the Secretary of Defense under 19

section 1034(h) of title 10, United States Code, and of the Secretary of a military 20

department and the Secretary of Homeland Security under sections 1034(g), 1552 or 21

1554a of such title rendered on or after such date. 22

41

(2) TREATMENT OF EXISTING CASES.— This section and the amendments made by 1

this section do not affect the authority of any court to exercise jurisdiction over any case 2

that was properly before the court before the effective date specified in paragraph (1). 3

(f) IMPLEMENTATION.—The Secretary of a military department and the Secretary of 4

Homeland Security (in the case of the Coast Guard when it is not operating as a service in the 5

Department of the Navy) may prescribe regulations, and interim guidance before prescribing 6

such regulations, to implement the amendments made by this section. Regulations or interim 7

guidance prescribed by the Secretary of a military department may not take effect until approved 8

by the Secretary of Defense. 9

SEC. 542. ENHANCED ROLE FOR DEPARTMENT OF JUSTICE UNDER MILITARY 10

LENDING ACT. 11

(a) ENFORCEMENT BY THE ATTORNEY GENERAL.—Subsection (f) of section 987 of title 12

10, United States Code, is amended by adding at the end the following new paragraph: 13

“(7) ENFORCEMENT BY THE ATTORNEY GENERAL.— 14

“(A) IN GENERAL.—The Attorney General may commence a civil action in 15

any appropriate district court of the United States against any person who— 16

“(i) engages in a pattern or practice of violating this section; or 17

“(ii) engages in a violation of this section that raises an issue of 18

general public importance. 19

“(B) RELIEF.—In a civil action commenced under subparagraph (A), the 20

court— 21

“(i) may grant any appropriate equitable or declaratory relief with 22

respect to the violation of this section; 23

42

“(ii) may award all other appropriate relief, including monetary 1

damages, to any person aggrieved by the violation; and 2

“(iii) may, to vindicate the public interest, assess a civil penalty— 3

“(I) in an amount not exceeding $110,000 for a first 4

violation; and 5

“(II) in an amount not exceeding $220,000 for any 6

subsequent violation. 7

“(C) INTERVENTION.—Upon timely application, a person aggrieved by a 8

violation of this section with respect to which the civil action is commenced may 9

intervene in such action, and may obtain such appropriate relief as the person 10

could obtain in a civil action under paragraph (5) with respect to that violation, 11

along with costs and a reasonable attorney fee. 12

"(D) ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE DEMANDS.—13

Whenever the Attorney General, or a designee, has reason to believe that any 14

person may be in possession, custody, or control of any documentary material 15

relevant to an investigation under this section, the Attorney General, or a 16

designee, may, before commencing a civil action under subparagraph (A), issue in 17

writing and cause to be served upon such person, a civil investigative demand 18

requiring— 19

“(i) the production of such documentary material for inspection 20

and copying; 21

"(ii) that the custodian of such documentary material answer in 22

writing written questions with respect to such documentary material; or 23

43

“(iii) the production of any combination of such documentary 1

material or answers. 2

“(E) RELATIONSHIP TO FALSE CLAIMS ACT.—The statutory provisions 3

governing the authority to issue, use, and enforce civil investigative demands 4

under section 3733 of title 31 (known as the ‘False Claims Act’) shall govern the 5

authority to issue, use, and enforce civil investigative demands under 6

subparagraph (D), except that— 7

“(i) any reference in that section to false claims law investigators 8

or investigations shall be applied for purposes of subparagraph (D) as 9

referring to investigators or investigations under this section; 10

“(ii) any reference in that section to interrogatories shall be applied 11

for purposes of subparagraph (D) as referring to written questions and 12

answers to such need not be under oath; 13

“(iii) the statutory definitions for purposes of that section relating 14

to ‘false claims law’ shall not apply; and 15

“(iv) provisions of that section relating to qui tam relators shall not 16

apply.”. 17

(b) CONSULTATION WITH DEPARTMENT OF JUSTICE.—Subsection (h)(3) of such section is 18

amended by adding at the end the following new subparagraph: 19

‘‘(H) The Department of Justice.”. 20

SEC. 543. ENFORCEMENT OF RIGHTS UNDER CHAPTER 43 OF TITLE 38, UNITED 21

STATES CODE, WITH RESPECT TO A STATE OR PRIVATE 22

EMPLOYER. 23

44

(a) ACTION FOR RELIEF.— 1

(1) INITIATION OF ACTIONS.—Paragraph (1) of subsection (a) of section 4323 of 2

title 38, United States Code, is amended by striking the third sentence and inserting the 3

following new sentences: “If the Attorney General is reasonably satisfied that the person 4

on whose behalf the complaint is referred is entitled to the rights or benefits sought, the 5

Attorney General may commence an action for relief under this chapter. The person on 6

whose behalf the complaint is referred may, upon timely application, intervene in such 7

action and may obtain such appropriate relief as provided in subsections (d) and (e).”. 8

(2) ATTORNEY GENERAL NOTICE TO SERVICEMEMBER OF DECISION.—Paragraph 9

(2) of such subsection is amended to read as follows: 10

“(2)(A) Not later than 60 days after the date the Attorney General receives a referral 11

under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose 12

behalf the complaint is submitted— 13

“(i) if the Attorney General has made a decision about whether the United States 14

will commence an action for relief under paragraph (1) relating to the complaint of the 15

person, notice of the decision; and 16

“(ii) if the Attorney General has not made such a decision, notice of when the 17

Attorney General expects to make such a decision. 18

“(B) If the Attorney General notifies a person of when the Attorney General expects to 19

make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days 20

after the date on which the Attorney General makes such decision, notify, in writing, the person 21

of such decision.”. 22

(3) PATTERN OR PRACTICE CASES.—Such subsection is further amended— 23

45

(A) by redesignating paragraph (3) as paragraph (4); and 1

(B) by inserting after paragraph (2) (as amended by paragraph (2) of this 2

subsection) the following new paragraph (3): 3

“(3) Whenever the Attorney General has reasonable cause to believe that a State (as an 4

employer) or a private employer is engaged in a pattern or practice of resistance to the full 5

enjoyment of any of the rights or benefits secured by this chapter, the Attorney General may 6

commence a action under this chapter.”. 7

(4) ACTIONS BY PRIVATE PERSONS.—Subparagraph (C) of paragraph (4) of such 8

subsection, as redesignated by paragraph (3)(A), is amended by striking “refused” and all 9

that follows and inserting “notified by the Department of Justice that the Attorney 10

General does not intend to bring a civil action.”. 11

(b) SOVEREIGN IMMUNITY. —Paragraph (2) of subsection (b) of section 4323 of such title 12

is amended to read as follows: 13

“(2)(A) In the case of an action against a State (as an employer), any instrumentality of a 14

State, or any officer or employee of a State or instrumentality of a State acting in that officer or 15

employee’s official capacity, by any person, the action may be brought in the appropriate district 16

court of the United States or in a State court of competent jurisdiction, and the State, 17

instrumentality of the State, or officer or employee of the State or instrumentality acting in that 18

officer or employee’s official capacity shall not be immune under the Eleventh Amendment of 19

the Constitution, or under any other doctrine of sovereign immunity, from such action. 20

“(B)(i) No State, instrumentality of such State, or officer or employee of such State or 21

instrumentality of such State, acting in that officer or employee’s official capacity, that receives 22

or uses Federal financial assistance for a program or activity shall be immune, under the 23

46

Eleventh Amendment of the Constitution or under any other doctrine of sovereign immunity, 1

from suit in Federal or State court by any person for any violation under this chapter related to 2

such program or activity. 3

“(ii) In an action against a State brought pursuant to subsection (a), a court may award the 4

remedies (including remedies both at law and in equity) that are available under subsections (d) 5

and (e).”. 6

(c) VENUE FOR CASES AGAINST PRIVATE EMPLOYERS.—Subsection (c)(2) of such section 7

is amended by striking “United States district court for any district in which the private employer 8

of the person maintains a place of business.” and inserting “United States district court for— 9

“(A) any district in which the employer maintains a place of business; 10

“(B) any district in which a substantial part of the events or omissions giving rise 11

to the claim occurred; or 12

“(C) if there is no district in which an action may otherwise be brought as 13

provided in subparagraph(A) or (B), any district in which the employer is subject to the 14

court’s personal jurisdiction with respect to such action.”. 15

(d) COMPENSATORY AND PUNITIVE DAMAGES.—Subsection (d)(1) of such section is 16

amended by striking subparagraph (C) and inserting the following new subparagraphs: 17

“(C) The court may require the employer to pay the person compensatory 18

damages suffered by reason of such employer’s failure to comply with the provisions of 19

this chapter. 20

“(D) The court may require the employer (other than a government, government 21

agency, or political subdivision) to pay the person punitive damages if the court 22

47

determines that the employer failed to comply with the provisions of this chapter with 1

reckless indifference to the federally protected rights of the person. 2

“(E) The sum of the amount of compensatory damages awarded under this section 3

and the amount of punitive damages awarded under this section, may not exceed, for each 4

person the following: 5

“(i) In the case of an employer who has more than 14 and fewer than 101 6

employees in each of 20 or more calendar weeks in the current or preceding 7

calendar year, $50,000. 8

“(ii) In the case of an employer who has more than 100 and fewer than 9

201 employees in each of 20 or more calendar weeks in the current or preceding 10


“(iii) In the case of an employer who has more than 200 and fewer than 12

501 employees in each of 20 or more calendar weeks in the current or preceding 13


“(iv) In the case of an employer who has more than 500 employees in each 15

of 20 or more calendar weeks in the current or preceding calendar year, 16

$300,000.”. 17

(e) STANDING. —Subsection (f) of such section is amended— 18

(1) by inserting “by the United States or” after “may be initiated only”; and 19

(2) by striking “or by the United States under subsection (a)(1)”. 20

(f) ATTORNEY FEES AND OTHER LITIGATION EXPENSES.—Subsection (h)(2) of such 21

section is amended striking “subsection (a)(2)” and inserting “subsection (a)(1) or subsection 22

(a)(4)”. 23

48

(g) PENSION CONTRIBUTION CALCULATIONS.—Subsection (b) of section 4318 of such title 1

is amended— 2

(1) in paragraph (3)(B), by striking “on the basis of” and all the follows and 3

inserting “on the basis specified in paragraph (4).”; and 4


“(4) The basis for a computation under paragraph (3) to which subparagraph (B) of that 6

paragraph applies is as follows: 7

“(A) If the period of service described in subsection (a)(2)(B) is one year or less, 8

the computation shall be made on the basis of the employee’s average rate of 9

compensation during the 12-month period immediately preceding such period or, if 10

shorter, the period of employment immediately preceding such period. 11

“(B) If the period of such service is more than one year, the computation shall be 12

made on the basis of the average rate of compensation during such period of service of 13

employees of that employer who are similarly situated to the servicemember in terms of 14

having similar seniority, status, and pay.”. 15

(h) DISABILITY DISCOVERED AFTER EMPLOYEE RESUMES EMPLOYMENT.—Subsection 16

(a)(3) of section 4313 of such title is amended by inserting “including a disability that is brought 17

to the employer’s attention within five years after the person resumes employment,” after 18

“during, such service,”. 19

(i) BURDEN OF IDENTIFYING PROPER REEMPLOYMENT POSITIONS.—Section 4313 of such 20

title is further amended by adding at the end the following new subsection: 21

“(c) For purposes of this section, the employer shall have the burden of identifying the 22

appropriate reemployment positions.”. 23

49

(j) CIVIL INVESTIGATIVE DEMANDS.—Section 4323 of such title is further amended by 1

adding at the end the following new subsection: 2

“(j) ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY 3

GENERAL.—(1) Whenever the Attorney General has reason to believe that any person may be in 4

possession, custody, or control of any documentary material relevant to an investigation under 5

this chapter, the Attorney General may, before commencing a civil action under subsection (a), 6

issue in writing and cause to be served upon such person, a civil investigative demand 7

requiring— 8

“(A) the production of such documentary material for inspection and copying; 9

“(B) that the custodian of such documentary material answer in writing written 10

questions with respect to such documentary material; or 11

“(C) the production of any combination of such documentary material or answers. 12

“(2) The provisions governing the authority to issue, use, and enforce civil investigative 13

demands under section 3733 of title 31 (known as the ‘False Claims Act’) shall govern the 14

authority to issue, use, and enforce civil investigative demands under paragraph (1), except that 15

for purposes of that paragraph— 16

“(A) a reference in that section to false claims law investigators or investigations 17

shall be applied as referring to investigators or investigations under this chapter; 18

“(B) a reference to interrogatories shall be applied as referring to written 19

questions, and answers to such need not be under oath; 20

“(C) the statutory definitions for purposes of that section relating to ‘false claims 21

law’ shall not apply; and 22

“(D) provisions of that section relating to qui tam relators shall not apply.”. 23

50

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 1

Subtitle A—Pay and Allowances 2

SEC. 601. FISCAL YEAR 2015 INCREASE IN MILITARY BASIC PAY. 3

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment to become effective during 4

fiscal year 2015 required by section 1009 of title 37, United States Code, in the rates of monthly 5

basic pay authorized members of the uniformed services shall not be made. 6

(b) INCREASE IN BASIC PAY.—Effective on January 1, 2015, the rates of monthly basic 7

pay for members of the uniformed services are increased by 1 percent for enlisted member pay 8

grades, warrant officer pay grades, and commissioned officer pay grades below pay grade O-7. 9

(c) APPLICATION OF EXECUTIVE SCHEDULE LEVEL II CEILING ON PAYABLE RATES FOR 10

GENERAL AND FLAG OFFICERS.— Section 203(a)(2) of title 37, United States Code, shall be 11

applied for rates of basic pay payable for commissioned officers in pay grades O-7 through O-10 12

during calendar year 2015 by using the rate of pay for level II of the Executive Schedule in effect 13

during 2014. 14

SEC. 602. INCLUSION OF CHIEF OF THE NATIONAL GUARD BUREAU AND 15

SENIOR ENLISTED ADVISOR TO THE CHIEF OF THE NATIONAL 16

GUARD BUREAU AMONG SENIOR MEMBERS OF THE ARMED 17

FORCES FOR PURPOSES OF PAY AND ALLOWANCES. 18

(a) BASIC PAY RATE EQUAL TREATMENT OF CHIEF OF THE NATIONAL GUARD BUREAU 19

AND SENIOR ENLISTED ADVISOR TO THE CHIEF OF THE NATIONAL GUARD BUREAU.— 20

(1) CHIEF OF THE NATIONAL GUARD BUREAU.—The rate of basic pay for an 21

officer while serving as the Chief of the National Guard Bureau shall be the same as the 22

rate of basic pay for the officers specified in Footnote 2 of the table entitled 23

51

“COMMISSIONED OFFICERS” in section 601(b) of the National Defense Authorization Act 1

for Fiscal Year 2004 (Public Law 108-136; 37 U.S.C. 1009 note), regardless of 2

cumulative years of service computed under section 205 of title 37, United States Code. 3

(2) SENIOR ENLISTED ADVISOR TO THE CHIEF OF THE NATIONAL GUARD BUREAU.—4

(A) Subsection (a)(1) of section 685 of the National Defense Authorization Act for Fiscal 5

Year 2006 (37 U.S.C. 205 note) is amended by inserting “or as Senior Enlisted Advisor 6

to the Chief of the National Guard Bureau” after “Chairman of the Joint Chiefs of Staff”. 7

(B) The heading of such section is amended by inserting “AND FOR THE CHIEF OF 8

THE NATIONAL GUARD BUREAU” after “CHAIRMAN OF THE JOINT CHIEFS OF STAFF”. 9

(C) The amendment made by subparagraph (A) shall apply to the individual who 10

on the date of the enactment of this Act is serving as Senior Enlisted Advisor to the Chief 11

of the National Guard Bureau effective as of the date on which the assignment of that 12

individual to that position began. 13

(b) PAY DURING TERMINAL LEAVE AND WHILE HOSPITALIZED.—Section 210 of title 37, 14


(1) in subsection (a), by inserting “or the senior enlisted advisor to the Chairman 16

of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “that armed 17

force”; and 18

(2) in subsection (c), by striking paragraph (6). 19

(c) PERSONAL MONEY ALLOWANCE.—Section 414 of title 37, United States Code, is 20

amended— 21

(1) in subsection (a)(5)— 22

(A) by striking “or” before “Commandant of the Coast Guard”; and 23

52

(B) by inserting “, or Chief of the National Guard Bureau” after 1

“Commandant of the Coast Guard”; and 2

(2) in subsection (c)— 3

(A) by striking “or” before “ the Senior Enlisted Advisor to the Chairman 4

of the Joint Chiefs of Staff”; and 5

(B) by inserting “, or the Senior Enlisted Advisor to the Chief of the 6

National Guard Bureau” after “Chiefs of Staff”. 7

(d) RETIRED BASE PAY.—Section 1406(i) of title 10, United States Code, is amended— 8

(1) in the subsection heading, by inserting “CHIEF OF THE NATIONAL GUARD 9

BUREAU,” after “CHIEFS OF SERVICE,”; 10


(A) by inserting “ the Chief of the National Guard Bureau,” after “Chief of 12

Service,”; and 13

(B) by inserting “or the senior enlisted advisor to the Chairman of the 14

Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “of an 15

armed force”; and 16

(3) in paragraph (3), by striking clause (vi) of subparagraph (B). 17

SEC. 603. REVISION TO METHOD OF COMPUTATION OF BASIC ALLOWANCE 18

FOR HOUSING. 19

Paragraph (3) of section 403(b) of title 37, United States Code, is amended to read as 20

follows: 21

53

“(3)(A) The monthly amount of the basic allowance for housing for an area of the United 1

States for a member of a uniformed service shall be the amount equal to the difference 2

between— 3

“(i) the amount of the monthly cost of adequate housing in that area, as 4

determined by the Secretary of Defense, for members of the uniformed services serving 5

in the same pay grade and with the same dependency status as the member; and 6

“(ii) the amount equal to a specified percentage (determined under subparagraph 7

(B)) of the national average monthly cost of adequate housing in the United States, as 8

determined by the Secretary, for members of the uniformed services serving in the same 9

pay grade and with the same dependency status as the member. 10

“(B) The percentage to be used for purposes of subparagraph (A)(ii) shall be determined 11

by the Secretary of Defense and may not exceed 5 percent.”. 12

Subtitle B—Bonuses and Special and Incentive Pays 13

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL 14

PAY AUTHORITIES. 15

(a) AUTHORITIES RELATING TO RESERVE FORCES.—The following sections of title 37, 16

United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 17

2015”: 18

(1) Section 308b(g), relating to Selected Reserve reenlistment bonus. 19

(2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus. 20

(3) Section 308d(c), relating to special pay for enlisted members assigned to 21

certain high-priority units. 22

54

(4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons 1

without prior service. 2

(5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus 3

for persons with prior service. 4

(6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment 5

bonus for persons with prior service. 6

(7) Section 910(g), relating to income replacement payments for reserve 7

component members experiencing extended and frequent mobilization for active duty 8

service. 9

(b) TITLE 10 AUTHORITIES RELATING TO HEALTH CARE PROFESSIONALS.—The following 10

sections of title 10, United States Code, are amended by striking “December 31, 2014” and 11

inserting “December 31, 2015”: 12

(1) Section 2130a(a)(1), relating to nurse officer candidate accession program. 13

(2) Section 16302(d), relating to repayment of education loans for certain health 14

professionals who serve in the Selected Reserve. 15

(c) TITLE 37 AUTHORITIES RELATING TO HEALTH CARE PROFESSIONALS.—The following 16



(1) Section 302c-1(f), relating to accession and retention bonuses for 19

psychologists. 20

(2) Section 302d(a)(1), relating to accession bonus for registered nurses. 21

(3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists. 22

55

(4) Section 302g(e), relating to special pay for Selected Reserve health 1

professionals in critically short wartime specialties. 2

(5) Section 302h(a)(1), relating to accession bonus for dental officers. 3

(6) Section 302j(a), relating to accession bonus for pharmacy officers. 4

(7) Section 302k(f), relating to accession bonus for medical officers in critically 5

short wartime specialties. 6

(8) Section 302l(g), relating to accession bonus for dental specialist officers in 7

critically short wartime specialties. 8

(d) AUTHORITIES RELATING TO NUCLEAR OFFICERS.—The following sections of title 37, 9

United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 10

2015”: 11

(1) Section 312(f), relating to special pay for nuclear-qualified officers extending 12

period of active service. 13

(2) Section 312b(c), relating to nuclear career accession bonus. 14

(3) Section 312c(d), relating to nuclear career annual incentive bonus. 15

(e) AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, 16

AND BONUS AUTHORITIES.—The following sections of title 37, United States Code, are amended 17

by striking “December 31, 2014” and inserting “December 31, 2015”: 18

(1) Section 331(h), relating to general bonus authority for enlisted members. 19

(2) Section 332(g), relating to general bonus authority for officers. 20

(3) Section 333(i), relating to special bonus and incentive pay authorities for 21

nuclear officers. 22

56

(4) Section 334(i), relating to special aviation incentive pay and bonus authorities 1

for officers. 2

(5) Section 335(k), relating to bonus and incentive pay authorities for officers in 3

health professions. 4

(6) Section 351(h), relating to hazardous duty pay. 5

(7) Section 352(g), relating to assignment pay or special duty pay. 6

(8) Section 353(i), relating to skill incentive pay or proficiency bonus. 7

(9) Section 355(h), relating to retention incentives for members qualified in 8

critical military skills or assigned to high priority units. 9

(f) OTHER TITLE 37 BONUS AND SPECIAL PAY AUTHORITIES.—The following 10



(1) Section 301b(a), relating to aviation officer retention bonus. 13

(2) Section 307a(g), relating to assignment incentive pay. 14

(3) Section 308(g), relating to reenlistment bonus for active members. 15

(4) Section 309(e), relating to enlistment bonus. 16

(5) Section 324(g), relating to accession bonus for new officers in critical skills. 17

(6) Section 326(g), relating to incentive bonus for conversion to military 18

occupational specialty to ease personnel shortage. 19

(7) Section 327(h), relating to incentive bonus for transfer between the Armed 20

Forces. 21

(8) Section 330(f), relating to accession bonus for officer candidates. 22

(9) Section 403(b)(7)(E), relating to basic allowance for housing. 23

57

Subtitle C—Travel and Transportation Allowances 1

SEC. 621. AUTHORITY TO REQUIRE EMPLOYEES OF THE DEPARTMENT OF 2

DEFENSE AND MEMBERS OF THE ARMY, NAVY, AIR FORCE, AND 3

MARINE CORP TO OCCUPY QUARTERS ON A RENTAL BASIS 4

WHILE PERFORMING OFFICIAL TRAVEL. 5

(a) AUTHORITY.—Subsection (e) of section 5911 of title 5, United States Code, is 6

amended— 7

(1) by striking “The head” and inserting “(1) Except as provided in paragraph (2), 8

the head”; and 9


“(2)(A) The Secretary of Defense may require an employee of the Department of Defense 11

or a member of the uniformed services under the Secretary’s jurisdiction performing duty on 12

official travel to occupy adequate quarters on a rental basis when available. 13

“(B) A requirement under subparagraph (A) with respect to an employee of the 14

Department of Defense may not be construed to be subject to negotiation under chapter 71 of this 15

title.”. 16

(b) DEFINITION OF QUARTERS.—Subsection (a)(5) of such section is amended by inserting 17

“or commercial lodging arranged through a Government lodging program” after “leased by the 18

Government”. 19

SEC. 622. SINGLE STANDARD MILEAGE REIMBURSEMENT RATE FOR 20

PRIVATELY OWNED AUTOMOBILES OF GOVERNMENT 21

EMPLOYEES AND MEMBERS OF THE UNIFORMED SERVICES. 22

58

(a) INCORPORATION OF IRS RATE AS SINGLE STANDARD MILEAGE RATE APPLICABLE TO 1

AUTOMOBILES.—Section 5704(a)(1) of title 5, United States Code, is amended by striking 2

“established by the Administrator shall not exceed” in the last sentence and inserting “shall be”. 3

(b) ESTABLISHMENT OF MILEAGE REIMBURSEMENT RATES.— 4

(1) ELIMINATION OF AUTOMOBILES FROM PERIODIC INVESTIGATIONS OF COST OF 5

TRAVEL.—Paragraph (1)(A) of section 5707(b) of such title is amended— 6

(A) by striking “, in consultation with the Secretary of Transportation, the 7

Secretary of Defense, and representatives of organizations of employees of the 8

Government,”; and 9

(B) by striking “vehicles to” and inserting “airplanes and privately owned 10

motorcycles by”. 11

(2) REIMBURSEMENT RATE FOR AUTOMOBILES.—Paragraph (2)(A)(i) of such 12

section is amended by striking “prescribe a mileage reimbursement rate which reflects the 13

current costs as determined by the Administrator of operating privately owned 14

automobiles, and which shall not exceed,” and inserting “provide that the mileage 15

reimbursement rate for privately owned automobiles,”. 16

TITLE VII—HEALTHCARE PROVISIONS 17

Subtitle A—TRICARE and Other Health Care Benefits 18

SEC. 701. CONSOLIDATED TRICARE HEALTH PLAN. 19

(a) FREEDOM OF CHOICE FOR TRICARE POINTS OF SERVICE.—Chapter 55 of title 10, 20

United States Code, is amended by inserting after section 1073b the following new section: 21

“§ 1073C. TRICARE program: freedom of choice for points of service 22

59

“(a) FREEDOM OF CHOICE.—A covered beneficiary may choose to receive care from any 1

of the points of service specified in subsection (b), subject to availability. 2

“(b) POINTS OF SERVICE.—The TRICARE program has three points of service through 3

which medical and dental care and health benefits are provided, as follows: 4

“(1) Facilities of the uniformed services. 5

“(2) Entities with which the Secretary of Defense has contracted for the delivery 6

of health care under this chapter. 7

“(3) Entities other than those described in paragraphs (1) and (2).”. 8

(b) TRICARE COST-SHARING REQUIREMENTS.—Such chapter is further amended by 9

inserting after section 1074m the following new section: 10

“§ 1075. TRICARE program: cost-sharing requirements 11

“(a) IN GENERAL.—This section establishes cost-sharing requirements for beneficiaries 12

under the TRICARE program. 13

“(b) BENEFICIARIES FOR COST-SHARING PURPOSES.— 14

“(1) BENEFICIARY CATEGORIES.—The beneficiary categories for purposes of cost-15

sharing requirements under the TRICARE program are as follows: 16

“(A) CATEGORY 1: ACTIVE-DUTY MEMBERS.—Category 1 consists of 17

beneficiaries who are covered by section 1074(a) of this title. 18

“(B) CATEGORY 2: MEMBERS OF THE SELECTED RESERVE; DEPENDENTS OF 19

ACTIVE-DUTY MEMBERS.—Category 2 consists of beneficiaries who are covered 20

by section 1076d or 1079 of this title. 21

60

“(C) CATEGORY 3: DISABILITY RETIREES & FAMILY MEMBERS; FAMILY 1

MEMBERS OF PERSONS DYING ON ACTIVE DUTY.—Category 3 consists of 2

beneficiaries (other than Category 5 beneficiaries) who are— 3

“(i) covered by section 1086(c)(1) of this title by reason of being 4

retired under chapter 61 of this title or being a dependent of such a 5

member; or 6

“(ii) covered by section 1086(c)(2) of this title. 7

“(D) CATEGORY 4: OTHER RETIREES & FAMILY MEMBERS.—Category 4 8

consists of beneficiaries covered by section 1086(c) of this title other than 9

Category 3 beneficiaries and Category 5 beneficiaries. 10

“(E) CATEGORY 5: MEDICARE-ELIGIBLE BENEFICIARIES.—Category 5 11

consists of beneficiaries who are described in section 1086(d)(2) of this title. 12

“(2) JUNIOR ENLISTED BENEFICIARIES.—A beneficiary is a junior enlisted 13

beneficiary if the beneficiary is— 14

“(A) a Category 2 beneficiary who is a dependent of a member in pay 15

grade E-1 through E-4; 16

“(B) a Category 2 beneficiary who is a member of the Selected Reserve of 17

the Ready Reserve in pay grade E-1 through E-4; 18

“(C) a Category 3 beneficiary who retired under chapter 61 of this title in 19

pay grade E-1 through E-4 or who is a dependent of such a member; or 20

“(D) a Category 3 beneficiary who is covered by section 1086(c)(2) of this 21

title by reason of being a dependent of a member who was in pay grade E-1 22

through E-4 at the time of death. 23

61

“(c) INAPPLICABILITY OF COST-SHARING REQUIREMENTS TO CERTAIN BENEFICIARIES 1

AND CATEGORIES OF CARE.— 2

“(1) CATEGORY 1 BENEFICIARIES.—There are no cost-sharing requirements under 3

this section for Category 1 beneficiaries. 4

“(2) CATEGORY 5 BENEFICIARIES.—Cost sharing under this section does not apply 5

to a Category 5 beneficiary for care covered by section 1086(d)(3) of this title, except that 6

the catastrophic cap under subsection (g)(3) does apply to such care. For care provided to 7

a Category 5 beneficiary that is not covered by such section, the cost-sharing 8

requirements applicable to Category 4 beneficiaries under this section apply, except that 9

the enrollment fee under subsection (e) does not apply. 10

“(3) EXTENDED HEALTH-CARE SERVICES.–Cost sharing under this section does not 11

apply to extended health care services under section 1079(d) and (e) of this title. 12

“(4) OTHER PROGRAMS.—This section does not apply to premiums established 13

under this chapter under sections other than 1079 and 1086. For a program under this 14

chapter for which such a premium applies, the enrollment fee under subsection (e) does 15

not apply. 16

“(d) SPECIAL RULES.— 17

“(1) PHARMACY BENEFITS PROGRAM.— Required copayments for services under 18

the Pharmacy Benefits Program are set forth in section 1074g of this title. The 19

enrollment fee, deductible, and catastrophic cap under this section apply to the Pharmacy 20

Benefits Program under that section. 21

“(2) CALENDAR YEAR ENROLLMENT PERIOD.—Enrollment fees, deductible 22

amounts, and catastrophic caps under this section are on a calendar-year basis. 23

62

“(3) CREDITING OF AMOUNTS RECEIVED.—Amounts received under this section for 1

care provided by a facility of the uniformed services shall be deposited to the credit of the 2

appropriation supporting the maintenance and operation of that facility. 3

“(e) ANNUAL ENROLLMENT FEE FOR CATEGORY 4 BENEFICIARIES.— 4

“(1) REQUIREMENT.—As a condition of eligibility for the TRICARE program in 5

any year (including care in facilities of the uniformed services and pharmacy benefits 6

under section 1074g of this title), a Category 4 beneficiary shall pay an enrollment fee for 7

that year. 8

“(2) AMOUNT.—The amount of such fee for any year is the baseline amount as 9

adjusted under subsection (j). The baseline amount is the amount that would have been 10

charged for enrollment in TRICARE Prime during fiscal year 2016 under section 1097 of 11

this title on the day before the effective date of this section. 12

“(f) ANNUAL DEDUCTIBLE.— 13

“(1) REQUIREMENT.—For a Category 2, 3, or 4 beneficiary, the cost-sharing 14

requirements applicable under this section include an annual deductible of the charges for 15

care received under the TRICARE program during a year. 16

“(2) EXCLUSION.—Any charge paid with respect to care provided in a facility of 17

the uniformed services shall not be applied to the annual deductible. 18

“(3) AMOUNT.—The amount of the annual deductible for a beneficiary is the 19

following: 20

“(A) $150 per person, with a maximum of $300 per family group of two 21

or more persons, for a junior enlisted beneficiary. 22

63

“(B) $300 per person, with a maximum of $600 per family group of two 1

or more persons, for all other beneficiaries subject to this subsection. 2

“(g) CATASTROPHIC CAP.— 3

“(1) REQUIREMENT.—The total amount of cost sharing required to be paid by a 4

beneficiary under the TRICARE program for a year is limited to a maximum amount, 5

referred to as a catastrophic cap. 6

“(2) EXCLUSION.— An enrollment fee paid under subsection (e) shall not be 7

counted toward the catastrophic cap. 8

“(3) AMOUNT.—The catastrophic cap has been reached for a beneficiary during a 9

year if the total amount of cost sharing requirements (other than an enrollment fee paid 10

under subsection (e)) incurred under the TRICARE program by all beneficiaries in the 11

beneficiary’s family group during that year is the following: 12

“(A) For a Category 2 or 3 beneficiary, $1,500 for health care provided by 13

network providers or $2,500 for all health care. 14

“(B) For a Category 4 beneficiary, $3,000 for health care provided by 15

military treatment facilities and network providers or $5,000 for all health care. 16

“(h) OUTPATIENT COST SHARING.— 17

“(1) IN GENERAL.—A Category 2, 3, or 4 beneficiary shall be subject to cost-18

sharing for outpatient care in accordance with the amounts and percentages under the 19

following table, as such amounts are adjusted under subsection (j): 20

64

TRICARE Network Providers & Facilities of the Uniformed Services (FUS)

Out-of-Network Providers

Services

Junior Enlisted Beneficiaries

Category 2 and 3 Beneficiaries

(other than Jr. Enlisted

Beneficiaries) Category 4

Beneficiaries

Category 2 and 3

Beneficiaries

Categor

y 4 Benefici

aries

Clinical preventive services a

$0 $0 $0 $0 $0

Primary care visit $0 FUS visit; $10 network visit

$0 FUS visit; $15 network visit


20% b 25% b

Specialty care visit (including PT, OT, speech)

$0 FUS visit or network behavioral health group visit; $20 network visit



20% b 25% b

Urgent care center $0 FUS visit; $25 network visit



20% b 25% b

Emergency department



$50 FUS visit $75 network visit

20% b 25% b

Ambulance $10 trip, FUS or network

$15 trip, FUS or network

$20 trip, FUS or network

20% b 25% b

DME, prosthetics, orthotics, & supplies

10% of negotiated network fee

10% of negotiated network fee

20% of FUS cost or network negotiated fee

20% b 25% b

Ambulatory surgery

$0 FUS; $25 network

$0 FUS; $50 network

$50 FUS; $100 network

20% b 25% b

a. No cost for clinical preventive services as selected consistent with the Patient Protection and Affordable Care Act. b. Percentage of TRICARE maximum allowable charge after deductible is met Note: FUS- facility of the uniformed services. PT – physical therapy; OT – occupational therapy; DME – durable medical equipment

“(2) SPECIAL RULE FOR CATEGORY 2 BENEFICIARIES IN REMOTE LOCATIONS.—In 1

the case of a Category 2 beneficiary who resides with the active-duty member from 2

whom such beneficiary’s eligibility is derived at a duty location remote from an area in 3

which services are provided by a network provider, network cost sharing amounts under 4

65

the table in paragraph (2) apply, notwithstanding that care was provided by an out-of-1

network provider. 2

“(i) INPATIENT COST SHARING.— A Category 2, 3, or 4 beneficiary shall be subject to 3

cost sharing for inpatient care in accordance with the amounts and percentages under the 4

following table, as such amounts are adjusted under subsection (j): 5

TRICARE Network and Facilities of the Uniformed Services (FUS)

Out-of-Network

Services

Junior Enlisted

Beneficiaries

Category 2 and 3

Beneficiaries (other than Jr. Enlisted

Beneficiaries) Category 4

Beneficiaries

Junior Enlisted

Beneficiaries

Category 2 and 3

Beneficiaries (other than Jr.

Enlisted Beneficiaries)

Category 4 Beneficiarie

s

Hospital-ization

$17.35 FUS per day $50 network per admission



20% a 20% a 25% a

Inpatient skilled nursing / rehabilitation b

$17 network per day

$25 network per day

$25 per day

$25 day

$35 day

$250 per day or 20% a of billed charges for institutional services, whichever is less, plus 20% for separately billed services

a. Percentage of TRICARE maximum allowable charge after deductible is met b. Inpatient skilled nursing / rehabilitation is generally not offered in MTFs for anyone other than service members. “(j) ANNUAL ADJUSTMENT TO CERTAIN COST-SHARING AMOUNTS.— 6

“(1) ADJUSTMENT.—For any year after 2016, the dollar amounts specified in 7

paragraph (2) shall be equal to such dollar amounts increased by the percentage by which 8

retired pay has been increased under section 1401a(b)(2) of this title since 2016, rounded 9

to the next lower multiple of $1. 10

66

“(2) AMOUNTS SUBJECT TO ADJUSTMENT.—Paragraph (1) applies to the following: 1

“(A) The amount of the enrollment fee in effect under subsection (e). 2

“(B) Each deductible amount in effect under subsection (f). 3

“(C) Each catastrophic cap amount in effect under subsection (g). 4

“(D) Each amount in effect under subsection (h) for outpatient care. 5

“(E) Each amount in effect under subsection (i) for inpatient care. 6

“(k) REGULATIONS.— 7

“(1) IN GENERAL.—The Secretary of Defense, after consultation with the other 8

administering Secretaries, shall prescribe regulations to carry out this section. 9

“(2) MATTERS TO BE INCLUDED.—The regulations prescribed under paragraph (1) 10

shall include the following: 11

“(A) Provisions to ensure, to the extent practicable, the availability of 12

network providers to at least 85 percent of beneficiaries for whom the TRICARE 13

program provides primary health benefits. 14

“(B) Provisions for an annual open season enrollment period and for 15

enrollment modifications under appropriate circumstances. 16

“(C) Priorities for access to care in facilities of the uniformed services and 17

other standards to ensure timely access to care. 18

“(3) ADDITIONAL MATTERS.—Those regulations may provide for TRICARE 19

eligibility and alternate cost sharing for beneficiaries who are Category 2, 3, 4, or 5 20

beneficiaries who have other health insurance that provides primary health benefits. 21

“(4) AUTHORITY FOR ADDITIONAL PROVISIONS FOR EFFECTIVE AND EFFICIENT 22

ADMINISTRATION.—Those regulations may include such other provisions as the Secretary 23

67

determines appropriate for the effective and efficient administration of the TRICARE 1

program, including any matter not specifically addressed in this chapter or any other law. 2

“(l) DEFINITIONS.—In this section: 3

“(1) The term “network provider” means a health care provider referred to in 4

section 1073c(b)(2) of this title. 5

“(2) The term “out-of-network provider” means a health care provider referred to 6

in section 1073c(b)(3) of this title.”. 7

(c) TRANSITION RULES FOR LAST QUARTER OF CALENDAR YEAR 2015.—With respect to 8

cost sharing requirements applicable under sections 1079, 1086, or 1097 of title 10, United States 9

Code, to a covered beneficiary under such sections during the period October 1, 2015, through 10

December 31, 2015: 11

(1) Any enrollment fee shall be one-fourth of the amount in effect during fiscal 12

year 2015. 13

(2) Any deductible amount applicable during fiscal year 2015 shall apply for the 14

15-month period of October 1, 2014, through December 31, 2015. 15

(3) Any catastrophic cap applicable during fiscal year 2015 shall apply for the 15-16

month period of October 1, 2014, through December 31, 2015. 17

(d) REPEAL OF SUPERSEDED AUTHORITIES.—The following provisions of law are 18

repealed: 19

(1) Section 1078 of title 10, United States Code. 20

(2) Section 1097a of title 10, United States Code. 21

(3) Section 1099 of title 10, United States Code. 22

68

(4) Section 731 of the National Defense Authorization Act for Fiscal Year 1994 1

(Public Law 103-160; 10 U.S.C. 1073 note). 2

(e) CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.—Title 10, United 3

States Code is amended as follows: 4

(1) Section 1072 is amended by striking paragraph (7) and inserting the following: 5

“(7) The term ‘TRICARE program’ means the various programs carried out by the 6

Secretary of Defense under this chapter and any other provision of law providing for the 7

furnishing of medical and dental care and health benefits to members and former 8

members of the uniformed services and their dependents.”. 9

(2) Section 1074(c)(2) is amended by striking “the managed care option of the 10

TRICARE program known as TRICARE Prime” and inserting “the TRICARE program”. 11

(3) Section 1076d is amended by striking “TRICARE Standard” each place it 12

appears (including in the heading of such section) and inserting “TRICARE Reserve 13

Select”. 14

(4) Section 1076e is amended by striking “TRICARE Standard” each place it 15

appears (including in the heading of such section) and inserting “TRICARE Retired 16

Reserve”. 17

(5) Section 1076e is further amended by striking “TRICARE Retired Reserve 18

Coverage at age 60” (as inserted by paragraph (4)) and inserting “TRICARE coverage at 19

age 60”. 20

(6) Section 1079 is amended— 21

69

(A) in subsection (b), by striking “of the following amounts:” and all that 1

follows and inserting “of amounts as provided under section 1075 of this title.”; 2

and 3

(B) by striking subsections (c), (g) and (p). 4

(7) Section 1079a is amended— 5

(A) by striking “CHAMPUS” in the heading and inserting “TRICARE 6

program”; and 7

(B) by striking “the Civilian Health and Medical Program of the 8

Uniformed Services” and inserting “the TRICARE program”. 9

(8) Section 1086(b) is amended by striking “contain the following” and all that 10

follows and inserting “include provisions for payment by the patient as provided under 11

section 1075 of this title.”. 12

(9) Section 1097(e) is amended to read as follows: 13

“(e) CHARGES FOR HEALTH CARE.—Section 1075 of this title applies to health care 14

services under this section.”. 15

(f) OTHER CONFORMING AMENDMENTS.— 16


(Public Law 104-201; 10 U.S.C. 1073 note) is amended— 18

(A) in paragraph (7), by striking “the health plan known as the ‘TRICARE 19

PRIME’ option under”; and 20

(B) in paragraph (9), by striking all that follows “The term ‘TRICARE 21

program’” and inserting “has the meaning given that term in section 1072(7) of 22

title 10, United States Code.”. 23

70

(2) Section 723(a) of such Act (Public Law 104-201; 10 U.S.C. 1073 note) is 1

amended by striking “section 731 of the National Defense Authorization Act for Fiscal 2

Year 1994 (Public Law 103-160; 10 U.S.C. 1073 note)” and inserting “section 1075 of 3

title 10, United States Code”. 4


(Public Law 106-65; 113 Stat. 684) is amended— 6

(A) in subsection (c), by striking “Prime Remote”; and 7

(B) in subsection (d), by striking “the TRICARE Standard plan” and 8

inserting “the TRICARE program”. 9

(g) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 55 of 10

title 10, United States Code, is amended— 11

(1) by inserting after the item relating to section 1073b the following new item: 12

“1073c. TRICARE program: freedom of choice for points of service.”;

(2) by inserting after the item relating to section 1074m the following new item: 13

“1075. TRICARE program: cost-sharing requirements.”;

(3) in the item relating to section 1076d, by striking “TRICARE Standard” and 14

inserting “TRICARE Reserve Select”; 15

(4) in the item relating to section 1076e, by striking “TRICARE Standard” and 16

inserting “TRICARE Retired Reserve”; 17

(5) in the item relating to section 1079a, by striking “CHAMPUS” and inserting 18

“TRICARE program”; and 19

(6) by striking the items relating to sections 1078, 1097a, and 1099. 20

(h) EFFECTIVE DATES.— 21

71

(1) IN GENERAL.—Except as provided in paragraph (2), this section and the 1

amendments made by the section shall take effect on January 1, 2016. 2

(2) TRANSITION RULES.—Subsection (c) shall take effect on October 1, 2015. 3

SEC. 702. REVISIONS TO COST SHARING REQUIREMENTS FOR TRICARE FOR 4

LIFE AND THE PHARMACY BENEFITS PROGRAM. 5

(a) TRICARE FOR LIFE ENROLLMENT FEES.—Section 1086(d)(3) of title 10, United 6

States Code, is amended by adding at the end the following new subparagraph: 7

“(D)(i) Beginning January 1, 2015, a person described in paragraph (2) (except as 8

provided in clauses (vi) and (vii)), shall pay an annual enrollment fee as a condition of 9

eligibility for health care benefits under this section. Such enrollment fee shall be an 10

amount (rounded to the nearest dollar) equal to the applicable percentage (specified in 11

clause (ii)) of the annual retired pay of the member or former member upon whom the 12

covered beneficiary’s eligibility is based, except that the amount of such enrollment fee 13

shall not be in excess of the applicable maximum enrollment fee (specified in clause 14

(iii)). 15

“(ii) The applicable percentage of retired pay shall be determined in accordance 16

with the following table: 17

For:

The applicable percentage for a family group of two or more persons is:

The applicable percentage for an individual is:

2015 0.50% 0.25% 2016 1.00% 0.50% 2017 1.50% 0.75% 2018 and after 2.00% 1.00%

72

“(iii) For any year 2015 through 2018, the applicable maximum enrollment fees 1

for a family group of two or more persons shall be determined in accordance with the 2

following table: 3

For:

The applicable maximum enrollment fee for a family group whose eligibility is based upon a member or former member of retired grade O-7 or above is:

The applicable maximum enrollment fee for a family group whose eligibility is based upon a member or former member of retired grade O-6 or below is:

2015 $200 $150 2016 $400 $300 2017 $600 $450 2018 $800 $600

“(iv) For any year after 2018, the applicable maximum enrollment fee shall be 4

equal to the maximum enrollment fee for the previous year increased by the percentage 5

by which retired pay is increased under section 1401a(b)(2) of this title for such year. 6

“(v) The applicable maximum enrollment fee for an individual shall be one-half 7

the corresponding maximum fee for a family group of two or more persons (as 8

determined under clauses (iii) and (iv)). 9

“(vi) Clause (i) shall not apply to a dependent of a member of the uniformed 10

services who dies while on active duty, a member retired under chapter 61 of this title, or 11

a dependent of such a member. 12

“(vii) Clause (i) also shall not apply to a person who, prior to the date of the 13

enactment of this subparagraph, met the conditions described in paragraph (2)(A) and 14

(B).”. 15

(b) TRICARE PHARMACY PROGRAM REQUIREMENTS.— 16

(1) AVAILABILITY OF PHARMACEUTICAL AGENTS THROUGH NATIONAL MAIL-ORDER 17

PHARMACY PROGRAM.—Section 1074g(a)(5) of such title is amended— 18

73

(A) by striking “at least one of the means described in paragraph (2)(E)” 1

and inserting “the national mail-order pharmacy program”; and 2

(B) by striking “may include” and all that follows through the end of the 3

paragraph and inserting “shall include cost sharing by the eligible covered 4

beneficiary as specified in paragraph (6).”. 5

(2) COST SHARING AMOUNTS.—Section 1074g(a)(6) of such title is amended to 6

read as follows: 7

“(6)(A) In the case of any of the years 2015 through 2024, the cost sharing amounts 8

referred to in paragraph (5) shall be determined in accordance with the following table: 9

For: The cost sharing

amount for 30-day supply

of a retail generic is:

The cost sharing

amount for 30-day supply

of a retail formulary is:

The cost sharing

amount for a 90-day supply of a mail order

generic is:

The cost sharing

amount for a 90-day

supply of a mail order

formulary is:

The cost amount for a 90-day

supply of a mail order non-

formulary is:

2015 $5 $26 $0 $26 $51 2016 $6 $28 $0 $28 $54 2017 $7 $30 $0 $30 $58 2018 $8 $32 $0 $32 $62 2019 $9 $34 $9 $34 $66 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 10

be equal to the cost sharing amounts for the previous year, adjusted by an amount, if any, as 11

determined by the Secretary to reflect changes in the costs of pharmaceutical agents and 12

prescription dispensing, rounded to the nearest dollar. 13

74

“(C) Notwithstanding subparagraphs (A) and (B), the cost-sharing amounts referred to in 1

paragraph (5) for any year for a dependent of a member of the uniformed services who dies 2

while on active duty, a member retired under chapter 61 of this title, or a dependent of such a 3

member shall be equal to the cost sharing amounts, if any, for fiscal year 2014.”. 4

(c) REFILLS OF PRESCRIPTION MAINTENANCE MEDICATIONS THROUGH THE NATIONAL MAIL 5

ORDER PHARMACY PROGRAM.— 6

(1) IN GENERAL.—Under the authority of section 1092 of such title, beginning January 1, 7

2015, the pharmacy benefits program shall require eligible covered beneficiaries generally to 8

refill non-generic prescription maintenance medications through military treatment facility 9

pharmacies or the national mail-order pharmacy program. 10

(2) MEDICATIONS COVERED.— 11

(A) DETERMINATION.—The Secretary shall determine the maintenance 12

medications subject to the requirement under paragraph (1). 13

(B) SUPPLY.—In carrying out the requirement under paragraph (1), the Secretary 14

shall ensure that the medications subject to the requirement under paragraph (1) are— 15

(i) generally available to eligible covered beneficiaries through retail 16

pharmacies only for an initial filling of a 30-day or less supply; and 17

(ii) any refills of such medications are obtained through a military 18

treatment facility pharmacy or the national mail-order pharmacy program. 19

(C) EXEMPTION.—The Secretary may exempt the following prescription 20

maintenance medications from the requirements in subparagraph (B): 21

(i) Medications that are for acute care needs. 22

(ii) Such other medications as the Secretary determines appropriate. 23

75

(d) AUTHORITY TO ADJUST PAYMENTS INTO THE MEDICARE-ELIGIBLE RETIREE HEALTH 1

CARE FUND.—Section 1116 of such title is amended by adding at the end the following new 2

subsection: 3

“(e)(1) During any fiscal year, if the Secretary of Defense determines that the amount 4

certified under subsection (c) is no longer accurate because of a significant change in 5

circumstances or law, the Secretary of Defense may, if appropriate, certify a revised amount 6

determined in accordance with subsection (b)(2) to the Secretary of the Treasury. 7

“(2) If the Secretary of Defense makes a certification under paragraph (1), each other 8

administering Secretary shall make and advise the Secretary of the Treasury of a revised 9

determination, consistent with section 1111(c) of this title. 10

“(3) If a certification and determination are made under paragraphs (1) and (2), the 11

Secretary of the Treasury shall promptly pay into or recoup from the Fund the difference 12

between the amount paid into the Fund under subsection (a) and the amount certified or 13

determined by the administering Secretary under paragraph (1) or (2).” 14

Subtitle B—Health Care Administration 15

SEC. 711. DESIGNATION AND RESPONSIBILITIES OF SENIOR MEDICAL 16

ADVISOR FOR ARMED FORCES RETIREMENT HOME. 17

(a) DESIGNATION OF SENIOR MEDICAL ADVISOR.—Subsection (a) of section 1513A of the 18

Armed Forces Retirement Home Act of 1991 (24 U.S.C. 413a) is amended— 19

(1) in paragraph (1), by striking “Deputy Director of the TRICARE Management 20

Activity” and inserting “Deputy Director of the Defense Health Agency”; and 21

76

(2) in paragraph (2), by striking “Deputy Director of the TRICARE Management 1

Activity” both places it appears and inserting “Deputy Director of the Defense Health 2

Agency”. 3

(b) CLARIFICATION OF RESPONSIBILITIES AND DUTIES OF SENIOR MEDICAL ADVISOR.—4

Subsection (c)(2) of such section is amended by striking “health care standards of the 5

Department of Veterans Affairs” and inserting “nationally recognized health care standards and 6

requirements”. 7

SEC. 712. EXTENSION OF AUTHORITY FOR THE JOINT DEPARTMENT OF 8

DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL 9

FACILITY DEMONSTRATION FUND. 10

Subsection (e) of section 1704 of the National Defense Authorization Act for Fiscal Year 11

2010 (Public Law 111-84; 123 Stat. 2573) is amended by striking “September 30, 2015” and 12

inserting “September 30, 2016”. 13

SEC. 713. ELIMINATION OF INPATIENT DAY LIMITS IN PROVISION OF MENTAL 14

HEALTH SERVICES. 15

Section 1079 of title 10, United States Code, is amended— 16

(1) by striking paragraphs (6) and (7) of subsection (a); and 17

(2) by striking subsection (i). 18

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 19

AND RELATED MATTERS 20

Subtitle A—Acquisition Policy and Management 21

SEC. 801. THREE-YEAR EXTENSION OF AUTHORITY FOR JOINT URGENT 22

OPERATIONAL NEEDS FUND. 23

77

Section 2216a(e) of title 10, United States Code, is amended by striking “September 30, 1

2015” and inserting “September 30, 2018”. 2

SEC. 802. FIVE-YEAR EXTENSION OF DEFENSE PRODUCTION ACT OF 1950. 3

Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is 4

amended by striking “September 30, 2014” and inserting “September 30, 2019”. 5

Subtitle B—Amendments to General Contract Authorities, Procedures, and 6

Limitations 7

SEC. 811. AUTHORITY FOR DEFENSE CONTRACT AUDIT AGENCY TO 8

INTERVIEW CONTRACTOR EMPLOYEES IN CONNECTION WITH 9

EXAMINATION OF CONTRACTOR RECORDS. 10

(a) AUTHORITY.—Subsection (a)(1) of section 2313 of title 10, United States Code, is 11

amended by inserting “, interview employees,” after “is authorized to inspect the plant”. 12

(b) APPLICABILITY.—The amendment made by subsection (a) shall apply with respect to 13

contracts entered into after the effective date of a revision to the Federal Acquisition Regulation 14

to implement the amendment. 15

SEC. 812. EXTENSION TO UNITED STATES TRANSPORTATION COMMAND OF 16

AUTHORITIES RELATING TO PROHIBITION ON CONTRACTING 17

WITH THE ENEMY. 18

Section 831(i)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public 19

Law 113-66; 127 Stat. 813) is amended by inserting “United States Transportation Command,” 20

after “United States Southern Command,”. 21

SEC. 813. RECHARACTERIZATION OF CHANGES TO MAJOR AUTOMATED 22

INFORMATION SYSTEM PROGRAMS. 23

78

(a) ADDITION TO COVERED DETERMINATION OF A SIGNIFICANT CHANGE.—Subsection 1

(c)(2) of section 2445c of title 10, United States Code, is amended— 2

(1) by striking “or” at the end of subparagraph (B); 3

(2) by striking the period at the end of subparagraph (C) and inserting “; or”; and 4

(3) by adding at the end the following new subparagraph: 5

“(D) the automated information system or information technology 6

investment failed to achieve a full deployment decision within five years after the 7

Milestone A decision for the program or, if there was no Milestone A decision, 8

the date when the preferred alternative is selected for the program (excluding any 9

time during which program activity is delayed as a result of a bid protest).”. 10

(b) REMOVAL OF COVERED DETERMINATION OF A CRITICAL CHANGE.—Subsection (d)(3) 11

of such section is amended— 12

(1) by striking subparagraph (A); and 13

(2) by redesignating subparagraphs (B), (C), and (D) as subparagraph (A), (B), 14

and (C), respectively. 15

SEC. 814. EXTENSION OF SPECIAL EMERGENCY PROCUREMENT AUTHORITY. 16

Section 1903(a) of title 41, United States Code, is amended— 17

(1) by striking “or” at the end of paragraph (1); 18

(2) by striking the period at the end of paragraph (2) and inserting a semicolon; 19

and 20

(3) by adding at the end the following new paragraphs: 21

“(3) in support of a request from the Department of State or the United States 22

Agency for International Development to facilitate the provision of humanitarian 23

79

assistance, international disaster assistance, or other crisis-related assistance pursuant to 1

the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); or 2

“(4) in support of an emergency or major disaster (as those terms are defined in 3

section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 4

U.S.C. 5122)).”. 5

SEC. 815. EXTENSION OF CONTRACT AUTHORITY FOR ADVANCED 6

COMPONENT DEVELOPMENT OR PROTOTYPE UNITS. 7

(a) EXTENSION OF TERMINATION.—Subsection (b)(4) of section 819 of the National 8

Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2302 note) is 9

amended by striking “September 30, 2014” and inserting “September 30, 2019”. 10

(b) EXTENSION OF REPORT REQUIREMENT.—Subsection (c) of such section is amended 11

by striking “March 30, 2013” and inserting “ March 30, 2018”. 12

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 13

MANAGEMENT 14

SEC. 901. [RESERVED] 15

SEC. 902. REVISION OF SECRETARY OF DEFENSE AUTHORITY TO ENGAGE IN 16

COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE 17

COLLECTION ACTIVITIES. 18

(a) PERMANENT AUTHORITY. — Section 431(a) of title 10, United States Code, is 19

amended by striking the last sentence. 20

(b) PERIOD FOR REQUIRED AUDITS.—Section 432(b)(2) of such title is amended by 21

striking “annually” in the first sentence and inserting “biennially”. 22

80

SEC. 903. PERMANENT AUTHORITY RELATING TO JURISDICTION OVER 1

DEPARTMENT OF DEFENSE FACILITIES FOR INTELLIGENCE 2

COLLECTION OR SPECIAL OPERATIONS ACTIVITIES ABROAD. 3

Section 926 of the National Defense Authorization Act for Fiscal Year 2012 (Public 4

Law 112-81; 125 Stat. 1541) is amended by striking subsection (b). 5

SEC. 904. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE REIMBURSEMENT 6

OF COSTS OF ACTIVITIES FOR NONGOVERNMENTAL PERSONNEL 7

AT DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR 8

SECURITY STUDIES. 9

Section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 10

2009 (Public Law 110-417; 10 U.S.C. 184 note) is amended— 11

(1) in paragraph (1), by striking “through 2014” and inserting “through 2015”; 12

and 13

(2) by striking paragraphs (2) and (3). 14

TITLE X—GENERAL PROVISIONS 15

Subtitle A—Financial Matters 16

SEC. 1001. AUTHORITY FOR USE OF AMOUNTS RECOVERED FOR DAMAGE TO 17

GOVERNMENT PROPERTY. 18

(a) EXTENSION TO PERSONAL PROPERTY.—The first sentence of section 2782 of title 10, 19

United States Code, is amended by striking “real property” both places it appears and inserting 20

“Government property”. 21

(b) AVAILABILITY OF RECOVERED FUNDS.—The second sentence of such section is 22

amended— 23

81

(1) by striking “In such amounts as are provided in advance in appropriation Acts, 1

amounts” and inserting “Amounts”; 2

(2) by inserting “merged with, and” before “available for use”; 3

(3) by inserting “and for the same period” after “same purposes”; and 4

(4) by inserting a comma after “circumstances as”. 5


(1) SECTION HEADING.—The heading of such section is amended by striking 7

“real” and inserting “Government”. 8

(2) TABLE OF SECTIONS.—The item relating to such section in the table of sections 9

at the beginning of chapter 165 of such title is amended to read as follows: 10

“2782. Damage to Government property; disposition of amounts recovered.”.

Subtitle B—Counter-Drug Activities 11

SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG 12

AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA AND OF 13

NUMERICAL LIMITATION ON ASSIGNMENT OF UNITED STATES 14

PERSONNEL IN COLOMBIA. 15

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal 16

Year 2005 (Public Law 108-375; 118 Stat. 2042), as most recently amended by section 1011 of 17

the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 18

843), is further amended— 19

(1) in subsection (a)(1), by striking “In fiscal years 2005 through 2014,” and 20

inserting “During the period ending on December 31, 2017,”; and 21

(2) in subsection (c), by striking “in fiscal years 2005 through 2014” and inserting 22

82

“during the period ending on December 31, 2017,”. 1

Subtitle C—Naval Vessels and Shipyards 2

SEC. 1021. ELIMINATION OF REQUIREMENT THAT A QUALIFIED AVIATOR OR 3

NAVAL FLIGHT OFFICER BE IN COMMAND OF AN INACTIVATED 4

NUCLEAR-POWERED AIRCRAFT CARRIER BEFORE 5

DECOMMISSIONING. 6

Section 5942(a) of title 10, United States Code, is amended— 7

(1) by inserting “(1)” after “(a)”; and 8


“(2) Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that 10

has been inactivated for the purpose of permanent decommissioning and disposal.”. 11

SEC. 1022. ENSURING OPERATIONAL READINESS OF LITTORAL COMBAT SHIPS 12

ON EXTENDED DEPLOYMENTS. 13

(a) AUTHORITY.—Subsection (a) of section 7310 of title 10, United States Code, is 14

amended— 15

(1) by inserting “UNDER THE JURISDICTION OF THE SECRETARY OF THE NAVY” in 16

the subsection heading after “VESSELS”; 17

(2) by striking “A naval vessel” and inserting “(1) Except as provided in 18

paragraph (2), a naval vessel”; and 19


“(2)(A) Subject to subparagraph (B), in the case of a naval vessel that is classified as a 21

Littoral Combat Ship and that is operating on deployment, corrective and preventive 22

83

maintenance or repair (whether intermediate or depot level) and facilities maintenance may be 1

performed on the vessel— 2

“(i) in a foreign shipyard; 3

“(ii) at a facility outside of a foreign shipyard; or 4

“(iii) at any other facility convenient to the vessel. 5

“(B)(i) Corrective and preventive maintenance or repair may be performed on a vessel as 6

described in subparagraph (A) only if the work is performed by United States Government 7

personnel or United States contractor personnel. 8

“(ii) Facilities maintenance may be performed by a foreign contractor on a vessel as 9

described in subparagraph (A) only as approved by the Secretary of the Navy.”. 10

(b) DEFINITIONS.—Such section is further amended by adding at the end the following 11

new subsection: 12

“(d) DEFINITIONS.—In this section: 13

“(1) The term ‘corrective and preventive maintenance or repair’ means— 14

“(A) maintenance or repair actions performed as a result of a failure in 15

order to return or restore equipment to acceptable performance levels; and 16

“(B) scheduled maintenance or repair actions intended to prevent or 17

discover functional failures, including scheduled periodic maintenance 18

requirements and integrated class maintenance plan tasks that are time-directed 19

maintenance actions. 20

“(2) The term ‘facilities maintenance’ means— 21

84

“(A) preservation or corrosion control efforts, encompassing surface 1

preparation and preservation of the structural facility to minimize effects of 2

corrosion; and 3

“(B) cleaning services, encompassing— 4

“(i) light surface cleaning of ship structures and compartments; and 5

“(ii) deep cleaning of bilges to remove dirt, oily waste, and other 6

foreign matter.”. 7


(1) SECTION HEADING.—The heading of such section is amended to read as 9

follows: 10

“§ 7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: 11

restrictions; exceptions”. 12

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 633 of 13

such title is amended by striking the item relating to section 7310 and inserting the 14

following: 15

“7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions.”

SEC. 1023. AUTHORITY FOR LIMITED COASTWISE TRADE FOR CERTAIN 16

VESSELS PROVIDING TRANSPORTATION SERVICES UNDER A 17

SHIPBUILDING OR SHIP REPAIR CONTRACT WITH THE 18

SECRETARY OF THE NAVY. 19

(a) IN GENERAL.—Chapter 645 of title 10, United States Code, is amended by adding at 20

the end the following new section: 21

“§7525. Limited coastwise trade 22

85

“(a) DEFINITION.— In his section, the term ‘contractor-owned vessel’ means a dry dock, a 1

tugboat, or a towing vessel that— 2

“(1) was built in the United States; 3

“(2) is owned or operated by an individual or entity that— 4

“(A) is under contract with the Navy to construct, maintain, or repair a 5

vessel of the Navy; and 6

“(B) in conjunction with such contract, is operating under a special 7

security agreement with the Secretary of Defense; 8

“(3) is used, pursuant to such contract, to construct, maintain, or repair a vessel of 9

the Navy; and 10

“(4) is manned by United States citizens. 11

“(b) IN GENERAL.—A contractor-owned vessel may, at the direction of the Secretary of 12

the Navy, engage in coastwise trade for the exclusive purpose of performing a contract with the 13

Navy to construct, maintain, or repair a vessel of the Navy, and any law pertaining to coastwise 14

trade shall not apply to such vessel, the owner or operator of such vessel, or the operation of such 15

vessel. 16

“(c) NOTICE.—The Secretary of the Navy shall provide notice to the Secretary of 17

Homeland Security if a contractor-owned vessel is authorized, pursuant to this section, to engage 18

in coastwise trade. 19

“(d) LIMITATION.—An authorization to engage in coastwise trade pursuant to this section 20

shall be non-transferrable and shall expire— 21

“(1) on the date of the sale of the contractor-owned vessel; 22

86

“(2) on the date of that the contract with the Navy to construct, maintain, or repair 1

a vessel of the Navy expires or that the Secretary of the Navy terminates such contract; or 2

“(3) in the event that the Secretary of Defense terminates the special security 3

agreement with the contractor that owns the vessel.”. 4


amended by adding at the end the following new item: 6

“7525. Limited coastwise trade.”.

Subtitle D—Sexual Assault Prevention and Response Related Reforms 7

SEC. 1031. REPEAL OF OUTDATED REQUIREMENT TO DEVELOP 8

COMPREHENSIVE MANAGEMENT PLAN TO ADDRESS 9

DEFICIENCIES IN THE DATA CAPTURED IN THE DEFENSE 10

INCIDENT-BASED REPORTING SYSTEM. 11

Section 543(a) of the Ike Skelton National Defense Authorization Act for 12

Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1562 note) is amended— 13

(1) by striking paragraph (1); and 14

(2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), 15

respectively. 16

SEC. 1032. REVISION TO REQUIREMENTS RELATING TO DEPARTMENT OF 17

DEFENSE POLICY ON RETENTION OF EVIDENCE IN A SEXUAL 18

ASSAULT CASE TO ALLOW RETURN OF PERSONAL PROPERTY 19

UPON COMPLETION OF RELATED PROCEEDINGS. 20

Section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 21

112-81; 125 Stat. 1435; 10 U.S.C. 1561 note) is amended by adding at the end the following new 22

87

subsection: 1

“(f) RETURN OF PERSONAL PROPERTY UPON COMPLETION OF RELATED PROCEEDINGS.—2

Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with 3

an incident of sexual assault involving a member of the Armed Forces may be returned to the 4

rightful owner of such property after the conclusion of all legal, adverse action, and 5

administrative proceedings related to such incident.”. 6

Subtitle E—Other Matters 7

SEC. 1041. TECHNICAL AND CLERICAL AMENDMENTS. 8

(a) AMENDMENT TO NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013.—9

Effective as of January 2, 2013, and as if included therein as enacted, section 604(b)(1) of the 10

National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1774) 11

is amended by striking “the National Defense Authorization Act for Fiscal Year 2013” and 12

inserting “this Act”. 13

(b) AMENDMENTS TO TITLE 10, UNITED STATES CODE, TO REFLECT ENACTMENT OF TITLE 14

41, UNITED STATES CODE.—Title 10, United States Code, is amended as follows: 15

(1) Section 2013(a)(1) is amended by striking “section 6101(b)-(d) of title 41” and 16

inserting “section 6101 of title 41”. 17


(A) in paragraph (7), by striking “section 4 of such Act” and inserting 19

“such section”; and 20

(B) in paragraph (9)(A)— 21

(i) by striking “section 26 of the Office of Federal Procurement 22

Policy Act (41 U.S.C. 422)” and inserting “chapter 15 of title 41”; and 23

88

(ii) by striking “such section” and inserting “such chapter”. 1

(3) Section 2306a(b)(3)(B) is amended by striking “section 4(12)(C)(i) of the 2

Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(C)(i))” and inserting 3

“section 103(3)(A) of title 41”. 4

(4) Section 2314 is amended by striking “Sections 6101(b)-(d)” and inserting 5

“Sections 6101”. 6

(5) Section 2321(f)(2) is amended by striking “section 35(c) of the Office of 7

Federal Procurement Policy Act (41 U.S.C. 431(c))” and inserting “section 104 of title 8

41”. 9

(6) Section 2359b(k)(4)(A) is amended by striking “section 4 of the Office of 10

Federal Procurement Policy Act (41 U.S.C. 403)” and inserting “section 110 of title 41”. 11


(A) in subsections (a)(1)(A), (b)(2)(A), and (c)(1)(B)(i), by striking 13

“section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 14

403(12))” and inserting “section 103 of title 41”; and 15

(B) in subsections (b) and (c)(1), by striking “section 35(c) of the Office of 16

Federal Procurement Policy Act (41 U.S.C. 431(c))” and inserting “section 104 of 17

title 41”. 18

(8) Section 2410m(b)(1) is amended— 19

(A) in subparagraph (A)(i), by striking “section 7 of such Act” and 20

inserting “section 7104(a) of such title”; and 21

(B) in subparagraph (B)(ii), by striking “section 7 of the Contract Disputes 22

Act of 1978” and inserting “section 7104(a) of title 41”. 23

89

(9) Section 2533(a) is amended by striking “such Act” in the matter preceding 1

paragraph (1) and inserting “chapter 83 of such tittle”. 2

(10) Section 2533b is amended— 3

(A) in subsection (h)— 4

(i) in paragraph (1), by striking “sections 34 and 35 of the Office of 5

Federal Procurement Policy Act (41 U.S.C. 430 and 431)” and inserting 6

“sections 1906 and 1907 of title 41”; and 7

(ii) in paragraph (2), by striking “section 35(c) of the Office of 8

Federal Procurement Policy Act (41 U.S.C. 431(c))” and inserting “section 9

104 of title 41”; and 10

(B) in subsection (m)— 11

(i) in paragraph (2), by striking “section 4 of the Office of Federal 12

Procurement Policy Act (41 U.S.C. 403)” and inserting “section 105 of 13

title 41”; 14

(ii) in paragraph (3), by striking “section 4 of the Office of Federal 15

Procurement Policy Act (41 U.S.C. 403)” and inserting “section 131of 16

title 41”; and 17

(iii) in paragraph (5), by striking “section 35(c) of the Office of 18


104 of title 41”. 20

(11) Section 2545(1) is amended by striking “section 4(16) of the Office of 21

Federal Procurement Policy Act (41 U.S.C. 403(16))” and inserting “section 131 of title 22

41”. 23

90

(12) Section 7312(f) is amended by striking “Section 3709 of the Revised Statutes 1

(41 U.S.C. 5)” and inserting “Section 6101 of title 41”. 2

(c) AMENDMENTS TO OTHER DEFENSE-RELATED STATUTES TO REFLECT ENACTMENT OF 3

TITLE 41, UNITED STATES CODE.— 4

(1) The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 5

(Public Law 111-383) is amended as follows: 6

(A) Section 846(a) (10 U.S.C. 2534 note) is amended— 7

(i) by striking “the Buy American Act (41 U.S.C. 10a et seq.)” and 8

inserting “chapter 83 of title 41, United States Code”; and 9

(ii) by striking “that Act” and inserting “that chapter”. 10

(B) Section 866 (10 U.S.C. 2302 note) is amended— 11

(i) in subsection (b)(4)(A), by striking “section 26 of the Office of 12

Federal Procurement Policy Act (41 U.S.C. 422)” and inserting “chapter 13

15 of title 41, United States Code”; and 14

(ii) in subsection (e)(2)(A), by striking “section 4(13) of the Office 15

of Federal Procurement Policy Act (41 U.S.C. 403(13))” and inserting 16

“section 110 of title 41, United States Code”. 17

(C) Section 893(f)(2) (10 U.S.C. 2302 note) is amended by striking 18

“section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422)” and 19

inserting “chapter 15 of title 41, United States Code”. 20

(2) The National Defense Authorization Act for Fiscal Year 2008 (Public Law 21

110-181) is amended as follows: 22

(A) Section 805(c)(1) (10 U.S.C. 2330 note) is amended— 23

91

(i) in subparagraph (A), by striking “section 4(12)(E) of the Office 1

of Federal Procurement Policy Act (41 U.S.C. 403(12)(E))” and inserting 2

“section 103(5) of title 41, United States Code”; and 3

(ii) in subparagraph (C)(i), by striking “section 4(12)(F) of the 4

Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(F))” and 5

inserting “section 103(6) of title 41, United States Code”. 6

(B) Section 821(b)(2) (10 U.S.C. 2304 note) is amended by striking 7


403(12))” and inserting “section 103 of title 41, United States Code”. 9

(C) Section 847 (10 U.S.C. 1701 note) is amended— 10

(i) in subsection (a)(5), by striking “section 27(e) of the Office of 11

Federal Procurement Policy Act (41 U.S.C. 423(e))” and inserting “section 12

2105 of title 41, United States Code”; 13

(ii) in subsection (c)(1), by striking “section 4(16) of the Office of 14

Federal Procurement Policy Act” and inserting “section 131 of title 41, 15

United States Code”; and 16

(iii) in subsection (d)(1), by striking “section 27 of the Office of 17

Federal Procurement Policy Act (41 U.S.C. 423)” and inserting “chapter 18

21 of title 41, United States Code”. 19

(D) Section 862 (10 U.S.C. 2302 note) is amended— 20

(i) in subsection (b)(1), by striking “section 25 of the Office of 21

Federal Procurement Policy Act (41 U.S.C. 421)” and inserting “section 22

1303 of title 41, United States Code”; and 23

92

(ii) in subsection (d)(1), by striking “section 6(j) of the Office of 1

Federal Procurement Policy Act (41 U.S.C. 405(j))” and inserting “section 2

1126 of title 41, United States Code”. 3

(3) The John Warner National Defense Authorization Act for Fiscal Year 2007 4

(Public Law 109-364) is amended as follows: 5

(A) Section 832(d)(3) (10 U.S.C. 2302 note) is amended by striking 6

“section 8(b) of the Service Contract Act of 1965 (41 U.S.C. 357(b))” and 7

inserting “section 6701(3) of title 41, United States Code”. 8

(B) Section 852(b)(2)(A)(ii) (10 U.S.C. 2324 note) is amended by striking 9


403(12))” and inserting “section 103 of title 41, United States Code”. 11

(4) Section 8118 of the Department of Defense Appropriations Act, 2005 (Public 12

Law 108-287; 10 U.S.C. 2533a note), is amended by striking “section 34 of the Office of 13

Federal Procurement Policy Act (41 U.S.C. 430)” and inserting “section 1906 of title 41, 14

United States Code”. 15

(5) The National Defense Authorization Act for Fiscal Year 2004 (Public Law 16

108-136) is amended as follows: 17

(A) Section 812(b)(2) (10 U.S.C. 2501 note) is amended by striking 18

“section 6(d)(4)(A) of the Office of Federal Procurement Policy Act (41 U.S.C. 19

405(d)(4)(A))” and inserting “section 1122(a)(4)(A) of title 41, United States 20

Code”. 21

(B) Section 1601(c) (10 U.S.C. 2358 note) is amended— 22

93

(i) in paragraph (1)(A), by striking “section 32A of the Office of 1

Federal Procurement Policy Act, as added by section 1443 of this Act” 2

and inserting “section 1903 of title 41, United States Code”; and 3

(ii) in paragraph (2)(B), by striking “Subsections (a) and (b) of 4

section 7 of the Anti-Kickback Act of 1986 (41 U.S.C. 57(a) and (b))” and 5

inserting “Section 8703(a) of title 41, United States Code”. 6

(6) Section 8025(c) of the Department of Defense Appropriations Act, 2004 7

(Public Law 108-87; 10 U.S.C. 2410d note), is amended by striking “the Javits-Wagner-8

O'Day Act (41 U.S.C. 46-48)” and inserting “chapter 85 of title 41, United States Code”. 9

(7) Section 817(e)(1)(B) of the Bob Stump National Defense Authorization Act 10

for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2306a note) is amended by striking 11

“section 26(f)(5)(B) of the Office of Federal Procurement Policy Act (41 U.S.C. 12

422(f)(5)(B))” and inserting “section 1502(b)(3)(B) of title 41, United States Code”. 13

(8) Section 801(f)(1) of the National Defense Authorization Act for Fiscal Year 14

2002 (Public Law 107-107; 10 U.S.C. 2330 note) is amended by striking “section 16(3) 15

of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3))” and inserting 16

“section 1702(c)(1) and (2) of title 41, United States Code”. 17

(9) Section 803(d) of the Strom Thurmond National Defense Authorization Act 18

for Fiscal Year 1999 (Public Law 105-261; 10 U.S.C. 2306a note) is amended by striking 19

“subsection (b)(1)(B) of section 304A of the Federal Property and Administrative 20

Services Act of 1949 (41 U.S.C. 254b)” and inserting “section 3503(a)(2) of title 41, 21


94

(10) Section 848(e)(1) of the National Defense Authorization Act for Fiscal Year 1

1998 (Public Law 105-85; 10 U.S.C. 2304 note) is amended by striking “section 32 of the 2

Office of Federal Procurement Policy Act (41 U.S.C. 428)” and inserting “section 1902 3

of title 41, United States Code”. 4

(11) Section 722(b)(2) of the National Defense Authorization Act for Fiscal Year 5

1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended by striking “section 25(c) 6

of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c))” and inserting 7

“section 1303(a) of title 41, United States Code”. 8

(12) Section 3412(k) of the National Defense Authorization Act for Fiscal Year 9

1996 (Public Law 104-106, 10 U.S.C. 7420 note) is amended by striking “section 303(c) 10

of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c))” and 11

inserting “section 3304(a) of title 41, United States Code”. 12

(13) Section 845 of the National Defense Authorization Act for Fiscal 13

Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note) is amended— 14

(A) in subsection (a)(2)(A), by striking “section 16(c) of the Office of 15


1702(c) of title 41, United States Code,”; 17

(B) in subsection (d)(1)(B)(ii), by striking “section 16(3) of the Office of 18

Federal Procurement Policy Act (41 U.S.C. 414(3))” and inserting “paragraphs 19

(1) and (2) of section 1702(c) of title 41, United States Code”; 20

(C) in subsection (e)(2)(A), by striking “section 4(12) of the Office of 21

Federal Procurement Policy Act (41 U.S.C. 403(12))” and inserting “section 103 22

of title 41, United States Code”; and 23

95

(D) in subsection (h), by striking “section 27 of the Office of Federal 1

Procurement Policy Act (41 U.S.C. 423)” and inserting “chapter 21 of title 41, 2


(14) Section 326(c)(2) of the National Defense Authorization Act for Fiscal Year 4

1993 (Public Law 102-484; 10 U.S.C. 2302 note) is amended by striking “section 25(c) 5

of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c))” and inserting 6

“section 1303(a) of title 41, United States Code”. 7

(15) Section 806 of the National Defense Authorization Act for Fiscal Years 1992 8

and 1993 (Public Law 102-190; 10 U.S.C. 2302 note) is amended— 9

(A) in subsection (b), by striking “section 4(12) of the Office of Federal 10

Procurement Policy Act” and inserting “section 103 of title 41, United States 11

Code”; and 12

(B) in subsection (c)— 13

(i) by striking “section 25(a) of the Office of Federal Procurement 14

Policy Act” and inserting “section 1302(a) of title 41, United States 15

Code”; and 16

(ii) by striking “section 25(c)(1) of the Office of Federal 17

Procurement Policy Act (41 U.S.C. 421(c)(1))” and inserting “section 18

1303(a)(1) of such title 41”. 19


(Public Law 101-510, 10 U.S.C. 2302 note) is amended— 21

(A) by designating the subsection after subsection (k), relating to 22

definitions, as subsection (l); and 23

96

(B) in paragraph (8) of that subsection, by striking “the first section of the 1

Act of June 25, 1938 (41 U.S.C. 46; popularly known as the ‘Wagner-O'Day 2

Act’)” and inserting “section 8502 of title 41, United States Code”. 3

(d) AMENDMENTS TO TITLE 10, UNITED STATES CODE, TO REFLECT RECLASSIFICATION OF 4

PROVISIONS OF LAW CODIFIED IN TITLE 50, UNITED STATES CODE.— Title 10, United States 5

Code, is amended as follows: 6

(1) Sections 113(b), 125(a), and 155(d) are amended by striking “(50 U.S.C. 7

401)” and inserting “(50 U.S.C. 3002)”. 8

(2) Sections 113(e)(2), 117(a)(1), 118(b)(1), 118a(b)(1), 153(b)(1)(C)(i), 9

231(b)(1), and 231a(c)(1) are amended by striking “(50 U.S.C. 404a)” and inserting “(50 10

U.S.C. 3043)”. 11

(3) Sections 167(g) and 421(c) are amended by striking “(50 U.S.C. 413 et seq.)” 12

and inserting “(50 U.S.C. 3091 et seq.)”. 13

(4) Section 201(b)(1) is amended by striking “(50 U.S.C. 403-6(b))” and inserting 14

“(50 U.S.C. 3041(b))”. 15

(5) Section 429 is amended — 16

(A) in subsection (a), by striking “(50 U.S.C. 403-1)” and inserting “(50 17

U.S.C. 3024)”; and 18

(B) in subsection (e), by striking “(50 U.S.C. 401a(4))” and inserting “(50 19

U.S.C. 3003(4))”. 20

(6) Section 442(d) is amended by striking “(50 U.S.C. 404e(a))” and inserting 21

“(50 U.S.C. 3045(a))”. 22


97

(A) in subsection (b)(2), by striking “(50 U.S.C. 403o)” and inserting “(50 1

U.S.C. 3515)”; and 2

(B) in subsection (e)(2)(B), by striking “(50 U.S.C. 403a et seq.)” and 3

inserting “(50 U.S.C. 3501 et seq.)”. 4

(8) Section 457 is amended — 5

(A) in subsection (a), by striking “(50 U.S.C. 431)” and inserting “(50 6

U.S.C. 3141)”; and 7

(B) in subsection (c), by striking “(50 U.S.C. 431(b))” and inserting “(50 8

U.S.C. 3141(b))”. 9

(9) Section 462 is amended by striking “(50 U.S.C. 402 note)” and inserting “(50 10

U.S.C. 3614)”. 11

(10) Sections 491(c)(3), 494(d)(1), and 496(a)(1) are amended by striking “(50 12

U.S.C. 401a(4))” and inserting “(50 U.S.C. 3003(4))”. 13

(11) Section 1599a(a) is amended by striking “(50 U.S.C. 402 note)” and inserting 14

“(50 U.S.C. 3614)”. 15

(12) Section 1605(a)(2) is amended by striking “(50 U.S.C. 403r)” and inserting 16

“(50 U.S.C. 3518)”. 17

(13) Section 1623(a) is amended by striking “(50 U.S.C. 402 note)” and inserting 18

“(50 U.S.C. 3614)”. 19

(14) Section 2409(e) is amended by striking “(50 U.S.C. 401a(4))” and inserting 20

“(50 U.S.C. 3003(4))”. 21

(15) Section 2501(a)(1)(A) is amended by striking “(50 U.S.C. 404a)” and 22

inserting “(50 U.S.C. 3043)”. 23

98

(16) Sections 2557(c) and 2723(d)(2) are amended by striking “(50 U.S.C. 413)” 1

and inserting “(50 U.S.C. 3091)”. 2

(e) AMENDMENTS TO OTHER DEFENSE-RELATED STATUTES TO REFLECT 3

RECLASSIFICATION OF PROVISIONS OF LAW CODIFIED IN TITLE 50, UNITED STATES CODE.— 4

(1) The following provisions of law are amended by striking “(50 U.S.C. 5

401a(4))” and inserting “(50 U.S.C. 3003(4))”: 6

(A) Section 911(3) of the Ike Skelton National Defense Authorization Act 7

for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 2271 note). 8

(B) Sections 801(b)(3) and 911(e)(2) of the National Defense 9

Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2304 10

note; 2271 note). 11

(C) Section 812(e) of the National Defense Authorization Act for Fiscal 12

Year 2004 (Public Law 108-136; 10 U.S.C. 2501 note). 13

(2) Section 901(d) of the Bob Stump National Defense Authorization Act for 14

Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 137 note) is amended by striking “(50 15

U.S.C. 401 et seq.)” and inserting “(50 U.S.C. 3001 et seq.)”. 16

(f) OTHER CROSS-REFERENCE AMENDMENTS.— 17

(1) TITLE 10, UNITED STATES CODE.—Title 10, United States Code, is amended as 18

follows: 19

(A) Section 2430(c)(2) is amended by striking “section 2366a(a)(4)” and 20

inserting “section 2366a(a)(7)”. 21

(B) Section 7292(d)(2) is amended by striking “section 1024(a)” and 22

inserting “section 1018(a)”. 23

99

(2) TITLE 40, UNITED STATES CODE.—Section 591(b)(2)(A) of title 40, United 1

States Code, is amended by striking “section 2394 of title 10” and inserting “section 2

2922a of title 10”. 3

(g) DATE OF ENACTMENT REFERENCES.—Title 10, United States Code, is amended as 4

follows: 5

(1) Section 1218(d)(3) is amended by striking “on the date that is five years after 6

the date of the enactment of the National Defense Authorization Act for Fiscal Year 7

2010” and inserting “on October 28, 2014”. 8

(2) Section 1566a(a) is amended by striking “Not later than 180 days after the 9

date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 10

and under” and inserting “Under”. 11

(3) Section 2275(d) is amended— 12

(A) in paragraph (1), by striking “before the date of the enactment of the 13

National Defense Authorization Act for Fiscal Year 2013” and inserting “before 14

January 2, 2013”; and 15

(B) in paragraph (2), by striking “on or after the date of the enactment of 16

the National Defense Authorization Act for Fiscal Year 2013” and inserting “on 17

or after January 2, 2013”. 18

(4) Section 2601a(e) is amended by striking “after the date of the enactment of the 19

National Defense Authorization Act for Fiscal Year 2012” and inserting “after December 20

31, 2011,”. 21

100

(5) Section 6328(c) is amended by striking “on or after the date of the enactment 1

of the National Defense Authorization Act for Fiscal Year 2010” and inserting “after 2

October 27, 2009,”. 3

(h) OTHER AMENDMENTS TO TITLE 10, UNITED STATES CODE.—Title 10, United States 4

Code, is amended as follows: 5

(1) Section 118 is amended by striking subsection (g). 6

(2) Section 407(a)(3)(A) is amended by striking the comma after “as applicable”. 7


(A) in subsection (a), by striking “Section” in the second sentence and 9

inserting “section”; and 10

(B) in subsection (c), by striking “act” and inserting “law”. 11

(4) Section 1074m(a)(2) is amended by striking “subparagraph” in the matter 12

preceding subparagraph (A) and inserting “subparagraphs”. 13

(5) Section 1154(a)(2)(A)(ii) is amended by striking “U.S.C.1411” and inserting 14

“U.S.C. 1411”. 15

(6) Section 2222(g)(3) is amended by striking “(A)” after “(3)”. 16

(7) Section 2335(d) is amended— 17

(A) by designating the last sentence of paragraph (2) as paragraph (3); and 18

(B) in paragraph (3), as so designated— 19

(i) by inserting before “Each of” the following paragraph heading: 20

“OTHER TERMS.—”; 21

(ii) by striking “the term” and inserting “that term”; and 22

(iii) by inserting “Election” after “Federal Campaign”. 23

101

(8) Section 2371 is amended by striking subsection (h). 1

(9) Section 2601a is amended— 2

(A) in subsection (a)(1), by striking “issue” and inserting “prescribe”; and 3

(B) in subsection (d), by striking “issued” and inserting “prescribed”. 4 (10) Section 2853(c)(1)(A) is amended by striking “can be still be” and inserting 5

“can still be”. 6

(11) Section 2866(a)(4)(A) is amended by striking “repayed” and inserting 7

“repaid”. 8

(12) Section 2884(c) is amended by striking “on evaluation” in the matter 9

preceding paragraph (1) and inserting “an evaluation”. 10

(i) TRANSFER OF SECTION 2814 TO CHAPTER 631.— 11

(1) TRANSFER AND REDESIGNATION.—Section 2814 of title 10, United States 12

Code, is transferred to chapter 631 of such title, inserted after section 7205, and 13

redesignated as section 7206. 14

(2) CONFORMING AMENDMENTS.—Such section, as so transferred and 15

redesignated, is amended— 16

(A) in paragraphs (2) and (3)(B) of subsection (i), by striking “this 17

chapter” and inserting “chapter 169 of this title”; and 18

(B) by striking subsection (l) and inserting the following new subsection 19

(l): 20

“(l) DEFINITIONS.—In this section: 21

“(1) The term ‘appropriate committees of Congress’ has the meaning given such 22

term in section 2801 of this title. 23

102

“(2) The term ‘property support services’ means the following: 1

“(A) Any utility service or other service listed in section 2686(a) of this 2

title. 3

“(B) Any other service determined by the Secretary to be a service that 4

supports the operation and maintenance of real property, personal property, or 5

facilities.”. 6

(3) CLERICAL AMENDMENTS.— 7

(A) The table of sections at the beginning of chapter 169 of such title is 8

amended by striking the item relating to section 2814. 9

(B) The table of sections at the beginning of chapter 631 of such title is 10

amended by inserting after the item relating to section 7205 the following new 11

item: 12

“7206. Special authority for development of Ford Island, Hawaii.”.

(j) COORDINATION WITH OTHER AMENDMENTS MADE BY THIS ACT.—For purposes of 13

applying amendments made by provisions of this Act other than this section, the amendments 14

made by subsections (b) through (h) of this section shall be treated as having been enacted 15

immediately before any such amendments by other provisions of this Act. 16

SEC. 1042. RENEWALS, EXTENSIONS, AND SUCCEEDING LEASES FOR 17

FINANCIAL INSTITUTIONS OPERATING ON DEPARTMENT OF 18

DEFENSE INSTALLATIONS. 19

Subsection (h) of section 2667 of title 10, United States Code, is amended by adding the 20

following new paragraph: 21

103

“(4)(A) Paragraph (1) does not apply to a renewal, extension, or succeeding lease by the 1

Secretary concerned with a financial institution selected in accordance with the Department of 2

Defense Financial Management Regulation providing for the selection of financial institutions to 3

operate on military installations if each of the following applies: 4

“(i) The on-base financial institution was selected before the date of the enactment 5

of this paragraph or competitive procedures are used for the selection of any new 6

financial institutions. 7

“(ii) A current and binding operating agreement is in place between the 8

installation commander and the selected on-base financial institution. 9

“(B) The renewal, extension or succeeding lease shall terminate upon the termination of 10

the operating agreement described in subparagraph (A)(ii).”. 11

SEC. 1043. LIMITED AUTHORITY FOR UNITED STATES TO SECURE 12

COPYRIGHTS FOR CERTAIN SCHOLARLY WORKS PREPARED BY 13

FACULTY OF CERTAIN DEPARTMENT OF DEFENSE 14

PROFESSIONAL SCHOOLS. 15

(a) AUTHORITY.—Chapter 53 of title 10, United States Code, is amended by inserting 16


“§ 1033a. Limited authority for United States to secure copyrights for certain scholarly 18

works of faculty of Department of Defense professional schools 19

“(a) AUTHORITY.— 20

“(1) IN GENERAL.—Subject to regulations prescribed under subsection (f), the 21

United States may, notwithstanding section 105 or 201(b) of title 17, secure copyright 22

protection under title 17 for a qualifying work written by a faculty member of an 23

104

institution of the Department of Defense specified in subsection (e), but only for purposes 1

of publication by a scholarly press or journal for which such a copyright is normally a 2

requirement for publication or otherwise as may be prescribed under regulations under 3

this section. 4

“(2) PRINTING.—Notwithstanding section 501 of title 44, the Department of 5

Defense need not use the services of the Government Printing Office or a field printing 6

plant operated by the Department of Defense with respect to a work for which copyright 7

protection exists by reason of paragraph (1). 8

“(b) QUALIFYING WORKS.—A work is a qualifying work for purposes of this section if 9

the work— 10

“(1) is prepared as part of a person’s official duties; and 11

“(2) meets such criteria as the Secretary of Defense may prescribe by regulation 12

as a scholarly work for which copyright protection as provided in subsection (a) is 13

warranted. 14

“(c) TRANSFER OF COPYRIGHT.—Upon acceptance for publication of a work for which 15

copyright protection exists by reason of subsection (a), the United States may transfer the 16

copyright to the owner or publisher of the medium in which the work will be published. The 17

United States shall maintain a perpetual, royalty-free license to use the scholarly work for any 18

official purpose of the United States. 19

“(d) ROYALTIES, ETC.—No royalties or other compensation may be accepted by a person 20

covered by subsection (a) by reason of copyright protection that exists by reason of subsection 21

(a). 22

105

“(e) COVERED INSTITUTIONS.—The institutions referred to in subsection (a) are the 1

following: 2

“(1) The United States Military Academy, the United States Naval Academy, and 3

the United States Air Force Academy. 4

“(2) The National Defense University. 5

“(3) Any war college of the armed forces. 6

“(4) Any graduate-level college or university of the Department of Defense. 7

“(f) REGULATIONS.—The Secretary of Defense shall prescribe regulations for the 8

purposes of this section. Such regulations shall include provisions specifying the types of works 9

for which copyright protection may be secured under subsection (a) and the purposes for which 10

the copyright may be secured.”. 11



“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 of title 10, United States Code, as added by 14

subsection (a), shall apply only with respect to works that, as determined under regulations 15

prescribed under that section, are completed after the date of the enactment of this Act. 16

SEC. 1044. REVISION TO STATUTE OF LIMITATIONS FOR AVIATION 17

INSURANCE CLAIMS. 18

(a) IN GENERAL.—Section 44309(c) of title 49, United States Code, is amended— 19

(1) by inserting after “TIME LIMITATIONS.—” the following new sentence: “A 20

claim under the authority of this chapter against the United States shall be forever barred 21

unless it is presented in writing to the Secretary of Transportation within two years after 22

106

such claim accrues or unless action is begun within six months after the date of mailing, 1

by certified or registered mail, of notice of final denial of the claim by the Secretary.”; 2

(2) by striking “, under section 2401 of title 28,” and 3

(3) by striking “subsection (a) of”. 4

(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply only with 5

respect to claims arising after the date of the enactment of this Act. 6

SEC. 1045. TRANSFER OF FUNCTIONS OF THE VETERANS’ ADVISORY BOARD 7

ON DOSE RECONSTRUCTION TO THE SECRETARIES OF VETERANS 8

AFFAIRS AND DEFENSE. 9

Section 601 of the Veterans Benefits Act of 2003 (Public Law 108-183; 117 Stat. 2667; 10

38 U.S.C. 1154 note) is amended to read as follows: 11

“SEC. 601. RADIATION DOSE RECONSTRUCTION PROGRAM OF THE 12

DEPARTMENT OF DEFENSE. 13

“(a) REVIEW AND OVERSIGHT.—The Secretary of Veterans Affairs and the Secretary of 14

Defense shall jointly take appropriate actions to ensure the on-going independent review and 15

oversight of the Radiation Dose Reconstruction Program of the Department of Defense. 16

“(b) DUTIES.—In carrying out subsection (a), the Secretaries shall— 17

“(1) conduct periodic, random audits of dose reconstructions under the Radiation 18

Dose Reconstruction Program and of decisions by the Department of Veterans Affairs on 19

claims for service connection of radiogenic diseases; 20

“(2) communicate to veterans information on the mission, procedures, and 21

evidentiary requirements of the Program; and 22

107

“(3) carry out such other activities with respect to the review and oversight of the 1

Program as the Secretaries shall jointly specify. 2

“(c) RECOMMENDATIONS.—The Secretaries may make such recommendations on 3

modifications in the mission or procedures of the Program as they consider appropriate as a 4

result of the audits conducted under subsection (b)(1).”. 5

SEC. 1046. AUTHORITY TO ACCEPT CERTAIN VOLUNTARY SERVICES. 6

Section 1588(a) of title 10, United States Code, is amended by adding at the end the 7

following new paragraph: 8

“(10) Voluntary legal support services provided by law students through 9

internship and externship programs approved by the Secretary concerned.”. 10

TITLE XI—CIVILIAN PERSONNEL MATTERS 11

SEC. 1101. MODIFICATIONS TO BIENNIAL STRATEGIC WORKFORCE PLAN 12

RELATING TO SENIOR MANAGEMENT, FUNCTIONAL, AND 13

TECHNICAL WORKFORCE OF THE DEPARTMENT OF DEFENSE. 14

(a) SENIOR MANAGEMENT WORKFORCE.—Subsection (c) of section 115b of title 10, 15


(1) by striking paragraph (1) and inserting the following: 17

“(1) Each strategic workforce plan under subsection (a) shall— 18

“(A) specifically address the shaping and improvement of the senior 19

management workforce of the Department of Defense; and 20

“(B) include an assessment of the senior functional and technical 21

workforce of the Department of Defense within the appropriate functional 22

community.”; and 23

108

(2) in paragraph (2), by striking “such senior management, functional, and 1

technical workforce” and inserting “such senior management workforce and such senior 2

functional and technical workforce”. 3

(b) HIGHLY QUALIFIED EXPERTS.—Such section is further amended— 4

(1) in subsection (b)(2), by striking “subsection (f)(1)” in subparagraphs (D) and 5

(E) and inserting “subsection (h)(1) or (h)(2)”; 6

(2) by redesignating subsections (f) and (g) as subsections (g) and (h), 7

respectively; and 8

(3) by inserting after subsection (e) the following new subsection (f): 9

“(f) HIGHLY QUALIFIED EXPERTS.— 10

“(1) Each strategic workforce plan under subsection (a) shall include an 11

assessment of the workforce of the Department of Defense comprised of highly qualified 12

experts appointed pursuant to section 9903 of title 5 (in this subsection referred to as the 13

‘HQE workforce’). 14

“(2) For purposes of paragraph (1), each plan shall include, with respect to the 15

HQE workforce— 16

“(A) an assessment of the critical skills and competencies of the existing 17

HQE workforce and projected trends in that workforce based on expected losses 18

due to retirement and other attrition; 19

“(B) specific strategies for attracting, compensating, and motivating the 20

HQE workforce of the Department, including the program objectives of the 21

Department to be achieved through such strategies and the funding needed to 22

implement such strategies; 23

109

“(C) any incentives necessary to attract or retain HQE personnel; 1

“(D) any changes that may be necessary in resources or in the rates or 2

methods of pay needed to ensure the Department has full access to appropriately 3

qualified personnel; and 4

“(E) any legislative changes that may be necessary to achieve HQE 5

workforce goals.”. 6

(c) DEFINITIONS.—Subsection (h) of such section (as redesignated by subsection (b)(2)) 7

is amended to read as follows: 8

“(h) DEFINITIONS.—In this section: 9

“(1) The term ‘senior management workforce of the Department of Defense’ 10

includes the following categories of Department of Defense civilian personnel: 11

“(A) Appointees in the Senior Executive Service under section 3131 of 12

title 5. 13

“(B) Persons serving in the Defense Intelligence Senior Executive Service 14

under section 1606 of this title. 15

“(2) The term ‘senior functional and technical workforce of the Department of 16

Defense’ includes the following categories of Department of Defense civilian personnel: 17

“(A) Persons serving in positions described in section 5376(a) of title 5. 18

“(B) Scientists and engineers appointed pursuant to section 342(b) of the 19

National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 20

108 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National 21

Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public 22

Law 106–398 (114 Stat. 1654A-315)). 23

110

“(C) Scientists and engineers appointed pursuant to section 1101 of the 1

Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 2

U.S.C. 3104 note). 3

“(D) Persons serving in Intelligence Senior Level positions under section 4

1607 of this title. 5

“(3) The term ‘acquisition workforce’ includes individuals designated under 6

section 1721 of this title as filling acquisition positions.”. 7

(d) CONFORMING AMENDMENT.—The heading of subsection (c) of such section is 8

amended to read as follows: “SENIOR MANAGEMENT WORKFORCE; SENIOR FUNCTIONAL AND 9

TECHNICAL WORKFORCE.—”. 10

(e) FORMATTING OF ANNUAL REPORT.—Subsections (d)(1) and (e)(1) of such section are 11

amended by striking “include a separate chapter to”. 12

SEC. 1102. AUTHORITY TO PROVIDE ADDITIONAL COMPENSATION FOR 13

DEFENSE CLANDESTINE SERVICE EMPLOYEES. 14

Section 1603 of title 10, United States Code, is amended by adding at the end the 15

following new subsection: 16

“(c) ADDITIONAL COMPENSATION FOR EMPLOYEES OF THE DEFENSE CLANDESTINE 17

SERVICE.—In addition to the authority to provide compensation under subsection 18

(a), the Secretary of Defense may provide civilian employees of the Defense Clandestine 19

Service allowances and benefits authorized to be paid to members of the Foreign Service under 20

chapter 9 of title I the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other 21

provision of law, if the Secretary determines such action is necessary to the operational 22

effectiveness of the Defense Clandestine Service.”. 23

111

SEC. 1103. PILOT PROGRAM FOR THE TEMPORARY EXCHANGE OF FINANCIAL 1

MANAGEMENT PERSONNEL. 2

(a) ASSIGNMENT AUTHORITY.—The Secretary of Defense may, with the agreement of the 3

private sector organization concerned, arrange for the temporary assignment of an employee to 4

such private sector organization, or from such private sector organization to a Department of 5

Defense organization under this section. An employee shall be eligible for such an assignment 6

only if the employee— 7

(1) works in the field of financial management; 8

(2) is considered by the Secretary of Defense to be an exceptional employee; and 9

(3) is compensated at not less than the GS–11 level (or the equivalent). 10

(b) AGREEMENTS.—The Secretary of Defense shall provide for a written agreement 11

among the Department of Defense, the private sector organization, and the employee concerned 12

regarding the terms and conditions of the employee’s assignment under this section. The 13

agreement— 14

(1) shall require, in the case of an employee of the Department of Defense, that 15

upon completion of the assignment, the employee will serve in the civil service for a 16

period at least equal to three times the length of the assignment, unless the employee is 17

sooner involuntarily separated from the service of the employee’s agency; and 18

(2) shall provide that if the employee of the Department of Defense or of the 19

private sector organization (as the case may be) fails to carry out the agreement, or if the 20

employee is voluntarily separated from the service of the employee’s agency before the 21

end of the period stated in the agreement, such employee shall be liable to the United 22

112

States for payment of all expenses of the assignment unless that failure or voluntary 1

separation was for good and sufficient reason, as determined by the Secretary of Defense. 2

An amount for which an employee is liable under paragraph (2) shall be treated as a debt due the 3

United States. The Secretary may waive, in whole or in part, collection of such a debt based on a 4

determination that the collection would be against equity and good conscience and not in the best 5

interests of the United States. 6

(c) TERMINATION.—An assignment under this section may, at any time and for any 7

reason, be terminated by the Department of Defense or the private sector organization concerned. 8

(d) DURATION.—An assignment under this section shall be for a period of not less than 9

three months and not more than one year. No assignment under this section may commence after 10

September 30, 2019. 11

(e) STATUS OF FEDERAL EMPLOYEES ASSIGNED TO PRIVATE SECTOR ORGANIZATION.—An 12

employee of the Department of Defense who is temporarily assigned to a private sector 13

organization under this section shall be considered, during the period of assignment, to be on 14

detail to a regular work assignment in the Department for all purposes. The written agreement 15

established under subsection (b) shall address the specific terms and conditions related to the 16

employee’s continued status as a Federal employee. 17

(f) TERMS AND CONDITIONS FOR PRIVATE SECTOR EMPLOYEES.—An employee of a 18

private sector organization who is assigned to a Department of Defense organization under this 19

section— 20

(1) shall continue to receive pay and benefits from the private sector organization 21

from which such employee is assigned; 22

113

(2) is deemed to be an employee of the Department of Defense for the purposes 1

of— 2

(A) chapter 73 of title 5, United States Code; 3

(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, 4

and 1913 of title 18, United States Code, and any other conflict of interest statute; 5

(C) sections 1343, 1344, and 1349(b) of title 31, United States Code; 6

(D) the Federal Tort Claims Act and any other Federal tort liability statute; 7

(E) the Ethics in Government Act of 1978; 8

(F) section 1043 of the Internal Revenue Code of 1986; 9

(G) chapter 21 of title 41, United States Code; and 10

(H) subchapter I of chapter 81 of title 5, United States Code, relating to 11

compensation for work-related injuries; and 12

(3) may not have access, while the employee is assigned to a Department of 13

Defense organization, to any trade secrets or to any other nonpublic information which is 14

of commercial value to the private sector organization from which such employee is 15

assigned. 16

(g) PROHIBITION AGAINST CHARGING CERTAIN COSTS TO THE FEDERAL GOVERNMENT.—17

A private sector organization may not charge the Department of Defense or any other agency of 18

the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or 19

benefits paid by the organization to an employee assigned to a Department of Defense 20

organization under this section for the period of the assignment. 21

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(h) CONSIDERATION.—The Secretary of Defense shall take into consideration the 1

question of how assignments might best be used to help meet the needs of the Department of 2

Defense with respect to the training of employees in financial management. 3

(i) NUMERICAL LIMITATION.—Not more than five Department of Defense 4

employees may be assigned to private sector organizations under this section, and not more than 5

five employees of private sector organizations may be assigned to the Department of Defense 6

under this section, at any given time. 7

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 8

SEC. 1201. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES 9

PRODUCED IN DJIBOUTI IN SUPPORT OF DEPARTMENT OF 10

DEFENSE ACTIVITIES IN UNITED STATES AFRICA COMMAND 11

AREA OF RESPONSIBILITY. 12

(a) AUTHORITY.—In the case of a product or service to be acquired in support of 13

Department of Defense activities in the United States Africa Command area of responsibility for 14

which the Secretary of Defense makes a determination described in subsection (b), the Secretary 15

may conduct a procurement in which— 16

(1) competition is limited to products or services that are from Djibouti; or 17

(2) a preference is provided for products or services that are from Djibouti. 18

(b) DETERMINATION.—(1) A determination described in this subsection is a 19

determination by the Secretary of either of the following: 20

(A) That the product or service concerned is to be used only in support of 21

activities described in subsection (a). 22

(B) That it is in the national security interest of the United States to limit 23

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competition or provide a preference as described in subsection (a) because such limitation 1

or preference is necessary— 2

(i) to reduce— 3

(I) United States transportation costs; or 4

(II) delivery times in support of activities described in subsection 5

(a); or 6

(ii) to promote regional security, stability, and economic prosperity in 7

Africa. 8

(2) A determination under paragraph (1)(B) shall not be effective for purposes of a 9

limitation or preference under subsection (a) unless the Secretary also determines that the 10

limitation or preference will not adversely affect — 11

(A) United States military operations or stability operations in the United States 12

Africa Command area of responsibility; or 13

(B) the United States industrial base. 14

(c) PRODUCTS AND SERVICES FROM DJIBOUTI.—For the purpose of this section: 15

(1) A product is from Djibouti if it is mined, produced, or manufactured in 16

Djibouti. 17

(2) A service is from Djibouti if it is performed in Djibouti by citizens or residents 18

of Djibouti. 19

SEC. 1202. PERMANENT AND GLOBAL AUTHORITY FOR USE OF ACQUISITION 20

AND CROSS-SERVICING AGREEMENTS TO LEND CERTAIN 21

MILITARY EQUIPMENT TO CERTAIN FOREIGN FORCES FOR 22

PERSONNEL PROTECTION AND SURVIVABILITY. 23

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(a) CODIFICATION OF PERMANENT AUTHORITY.— 1

(1) ENACTMENT IN TITLE 10 OF SECTION 1202 ACQUISITION AND CROSS-SERVICING 2

AGREEMENT AUTHORITY.—Chapter 138 of title 10, United States Code, is amended by 3

inserting after section 2342 a new section 2342a consisting of— 4

(A) a heading as follows: 5

“§2342a. Acquisition and cross-servicing agreements: authority to lend certain military 6

equipment to certain foreign forces for personnel protection and 7

survivability”; and 8

(B) a text consisting of the text of subsections (a) through (d) of section 9

1202 of the John Warner National Defense Authorization Act for Fiscal Year 10

2007 (Public Law 109-364), as most recently amended by section 1217(b) of the 11

National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 12

127 Stat. 909), and revised as specified in subsection (b). 13

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter 14

I of such chapter is amended by inserting after the item relating to section 2342 the 15

following new item: 16

“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 17

(a)(1)(B) are as follows: 18

(1) GLOBAL AUTHORITY.—In subsection (a)(1)— 19

(A) insert “military or stability” after “combined” the first place it appears; 20

and 21

(B) strike “in Afghanistan”. 22

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(2) CONFORMING AMENDMENTS.—In subsection (a)(3)— 1

(A) in subparagraph (A), strike “Afghanistan” and insert “a combined 2

military or stability operation with the United States”; and 3

(B) in subparagraph (C), strike “Afghanistan or a” and insert “a combined 4

military or stability operation or”. 5

(3) REPORTING EXCEPTION.—In subsection (a)(5)— 6

(A) insert “(A)” before “Equipment may not”; and 7

(B) add at the end the following: 8

“(B) EXCEPTION.—The notice required in subparagraph (A) shall not be required 9

when the equipment to be loaned is intended to be used— 10

“(i) in a facility that is under the control of the United States; or 11

“(ii) in connection with training directed by United States personnel.”. 12

(4) WAIVER IN THE CASE OF COMBAT LOSS OF EQUIPMENT.—At the end of 13

subsection (a), insert the following new paragraph: 14

“(6) WAIVER OF REIMBURSEMENT IN THE CASE OF COMBAT LOSS.— 15

“(A) AUTHORITY.—In the case of equipment provided to the military 16

forces of another nation under the authority of this section that is damaged or 17

destroyed as a result of combat operations while held by those forces, the 18

Secretary of Defense may, with respect to such equipment, waive any other 19

applicable requirement under this subchapter for— 20

“(i) reimbursement; 21

“(ii) replacement-in-kind; or 22

“(iii) exchange of supplies or services of an equal value. 23

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“(B) LIMITATIONS.—Any waiver under this subsection may be made only 1

on a case-by-case basis. Any waiver under this subsection may be made only if 2

the Secretary determines that the waiver is in the national security interest of the 3

United States.”. 4

(5) TECHNICAL AND CLERICAL AMENDMENTS.— 5

(A) In subsection (a)(1), strike “under subchapter I of chapter 138 of title 6

10, United States Code,”. 7

(B) In subsection (d)(2)(B), strike “Committee on International Relations” 8

and insert “Committee on Foreign Affairs”. 9

(c) REPEAL.—Section 1202 of the John Warner National Defense Authorization Act for 10

Fiscal Year 2007 (Public Law 109-364), as most recently amended by section 1217(b) of the 11

National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-; 127 Stat. 909), is 12

repealed. 13

(d) RETROACTIVE APPLICATION OF WAIVER AUTHORITY.—The authority in subsection 14

(a)(6) of section 2342a of title 10, United States Code, as added by this section, shall apply with 15

respect to equipment provided before the date of the enactment of this Act to a foreign nation 16

under section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 17

2007, as amended, in the same manner as to equipment provided under such section 2342a. 18

SEC. 1203. REVISIONS TO GLOBAL SECURITY CONTINGENCY FUND 19

AUTHORITY. 20

(a) TYPES OF ASSISTANCE.—Subsection (c)(1) of section 1207 of the National Defense 21

Authorization Act for Fiscal Year 2012 (Public Law 112-81;22 U.S.C. 2151 note), as amended 22

by section 1202 of the National Defense Authorization Act for Fiscal Year 2014, is amended by 23

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striking “the provision of equipment, supplies, and training.” and inserting “the provision of the 1

following: 2

“(A) Equipment, including routine maintenance and repair of such 3

equipment. 4

“(B) Supplies. 5

“(C) Small-scale construction not exceeding $750,000. 6

“(D) Training.”. 7

(b) TRANSFER AUTHORITY.—Subsection (f)(1) of such section is amended by striking 8

“for Defense-wide activities” in the first sentence. 9

(c) TWO-YEAR EXTENSION OF AVAILABILITY OF FUNDS.—Subsection (i) of such section 10

is amended by striking “September 30, 2015” and inserting “September 30, 2017”. 11

(d) EXTENSION OF EXPIRATION DATE.—Subsection (p) of such section is amended— 12

(1) by striking “September 30, 2015” and inserting “September 30, 2017”; and 13

(2) by striking “funds available for fiscal years 2012 through 2015” and inserting 14

“funds available for a fiscal year beginning before that date”. 15

SEC. 1204. INCREASE IN ANNUAL LIMITATION ON TRANSFER OF EXCESS 16

DEFENSE ARTICLES. 17

Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)(1)) is 18

amended by striking “$425,000,000” and inserting “$500,000,000”. 19

SEC. 1205. ONE-YEAR EXTENSION OF AFGHAN SPECIAL IMMIGRANT VISA 20

PROGRAM. 21

(a) EXTENSION.—Section 602(b)(3)(D) of the Afghan Allies Protection Act of 2009 (title 22

VI of Public Law 111-8; 8 U.S.C. 1101 note) is amended— 23

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(1) in the subparagraph heading, by striking “FISCAL YEAR” and inserting “FISCAL 1

YEARS”; 2

(2) by striking “For fiscal year 2014” and inserting “For each of fiscal years 2014 3

and 2015”; 4

(3) by inserting “per year” after “3,000”; 5

(4) by striking “in fiscal year 2014” and inserting “in fiscal years 2014 and 2015”; 6

(5) by striking “of fiscal year 2015” and inserting “of fiscal year 2016”; and 7

(6) by striking “September 30, 2014” and inserting “September 30, 2015”. 8

(b) TECHNICAL AMENDMENTS.— 9

(1) Section 601 of such Act is amended by striking “This Act” and inserting “This 10

title”. 11

(2) Section 602(c)(3) of such Act is amended by striking “section 4 of the Office 12

of Federal Procurement Policy Act (41 U.S.C. 403)” and inserting “section 133 of title 13

41, United States Code”. 14

TITLE XIII—OTHER AUTHORIZATIONS 15

Subtitle A—Military Programs 16

SEC. 1301. WORKING CAPITAL FUNDS. 17


Armed Forces and other activities and agencies of the Department of Defense for providing 19

capital for Defense Working Capital Funds in the amount of $1,234,468,000. 20

SEC. 1302. JOINT URGENT OPERATIONAL NEEDS FUND. 21

Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Urgent 22

Operational Needs Fund in the amount of $20,000,000. 23

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SEC. 1303. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. 1

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be 2

appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise 3

provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of 4

$828,868,000, of which— 5

(1) $222,728,000 is for Operation and Maintenance; 6

(2) $595,913,000 is for Research, Development, Test, and Evaluation; and 7

(3) $10,227,000 is for Procurement. 8

(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized 9

for— 10

(1) the destruction of lethal chemical agents and munitions in accordance with 11

section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); 12

and 13

(2) the destruction of chemical warfare materiel of the United States that is not 14

covered by section 1412 of such Act. 15

SEC. 1304. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-16

WIDE. 17

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal 18

year 2015 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug 19

Activities, Defense-wide, in the amount of $820,687,000. 20

SEC. 1305. DEFENSE INSPECTOR GENERAL. 21

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year 2015 for expenses, not otherwise provided for, for the Office of the Inspector General of the 2

Department of Defense, in the amount of $311,830,000, of which— 3

(1) $310,830,000 is for Operation and Maintenance; and 4


SEC. 1306. DEFENSE HEALTH PROGRAM. 6


year 2015 for expenses, not otherwise provided for, for the Defense Health Program, in the 8

amount of $31,994,918,000, of which— 9

(1) $31,031,911,000 is for Operation and Maintenance; 10

(2) $654,594,000 is for Research, Development, Test, and Evaluation; and 11


Subtitle B—Other Matters 13

SEC. 1311. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF 14

DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL 15

FACILITY DEMONSTRATION FUND FOR CAPTAIN JAMES A. 16

LOVELL HEALTH CARE CENTER, ILLINOIS. 17

(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds authorized to be appropriated 18

for section 507 and available for the Defense Health Program for operation and maintenance, 19

$146,857,000 may be transferred by the Secretary of Defense to the Joint Department of 20

Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by 21

subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 22

(Public Law 111-84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any 23

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funds so transferred shall be treated as amounts authorized and appropriated specifically for the 1

purpose of such a transfer. 2

(b) USE OF TRANSFERRED FUNDS.—For the purposes of subsection (b) of such section 3

1704, facility operations for which funds transferred under subsection (a) may be used are 4

operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North 5

Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting 6

facilities designated as a combined Federal medical facility under an operational agreement 7

covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal 8

Year 2009 (Public Law 110-417; 122 Stat. 4500). 9

SEC. 1312. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 10

RETIREMENT HOME. 11

There is hereby authorized to be appropriated for fiscal year 2015 from the Armed Forces 12

Retirement Home Trust Fund the sum of $63,400,000 for the operation of the Armed Forces 13

Retirement Home. 14

TITLE XIV—UNIFORMED AND OVERSEAS CITIZENS ABSENTEE 15

VOTING ACT AMENDMENTS 16

SEC. 1401. PRE-ELECTION REPORTING REQUIREMENTS ON AVAILABILITY 17

AND TRANSMISSION OF ABSENTEE BALLOTS. 18

(a) IN GENERAL.—Subsection (c) of section 102 of the Uniformed and Overseas Citizens 19

Absentee Voting Act (42 U.S.C. 1973ff-1) is amended— 20

(1) by designating the text of that subsection as paragraph (3) and indenting that 21

paragraph, as so designated, two ems from the left margin; and 22

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(2) by inserting before paragraph (3), as so designated, the following new 1

paragraphs: 2

“(1) PRE-ELECTION REPORT ON ABSENTEE BALLOT AVAILABILITY.—Not later than 3

55 days before any election for Federal office held in a State, such State shall submit a 4

report to the Attorney General and the Presidential Designee, and make that report 5

publicly available that same day, certifying that absentee ballots are available for 6

transmission to absentee voters, or that it is aware of no circumstances that will prevent 7

absentee ballots from being available for transmission by 46 days before the election. 8

The report shall be in a form prescribed by the Attorney General and shall require the 9

State to certify specific information about ballot availability from each unit of local 10

government which will administer the election. 11

“(2) PRE-ELECTION REPORT ON ABSENTEE BALLOTS TRANSMITTED.—Not later than 12

43 days before any election for Federal office held in a State, such State shall submit a 13

report to the Attorney General and the Presidential Designee, and make that report 14

publicly available that same day, certifying whether all absentee ballots validly requested 15

by absent uniformed services voters and overseas voters whose requests were received by 16

the 46th day before the election have been transmitted to such voters by such date. The 17

report shall be in a form prescribed by the Attorney General and shall require the State to 18

certify specific information about ballot transmission, including the total numbers of 19

ballot requests received and ballots transmitted, from each unit of local government 20

which will administer the election.”. 21

(b) CONFORMING AMENDMENTS.— 22

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(1) SUBSECTION HEADING.—The heading for such subsection is amended to read 1

as follows: “REPORTS ON ABSENTEE BALLOTS.—”. 2

(2) PARAGRAPH HEADING.—Paragraph (3) of such subsection, as designated by 3

subsection (a)(1), is amended by inserting “POST-ELECTION REPORT ON NUMBER OF 4

ABSENTEE BALLOTS TRANSMITTED AND RECEIVED.—“ before “Not later than 90 days”. 5

SEC. 1402. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION. 6

(a) IN GENERAL.—Subsection (a)(8) of section 102 of the Uniformed and Overseas 7

Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended by striking “voter—” and all 8

that follows in that subsection and inserting “voter by the date and in the manner determined 9

under subsection (g);”. 10

(b) BALLOT TRANSMISSION REQUIREMENTS AND REPEAL OF WAIVER PROVISION.—11

Subsection (g) of such section is amended to read as follows: 12

“(g) BALLOT TRANSMISSION REQUIREMENTS.— 13

“(1) REQUESTS RECEIVED AT LEAST 46 DAYS BEFORE AN ELECTION FOR FEDERAL 14

OFFICE.—For purposes of subsection (a)(8), in a case in which a valid request for an 15

absentee ballot is received at least 46 days before an election for Federal office, the 16

following rules shall apply: 17

“(A) TIME FOR TRANSMITTAL OF ABSENTEE BALLOT.—The State shall 18

transmit the absentee ballot not later than 46 days before the election. 19

“(B) SPECIAL RULES IN CASE OF FAILURE TO TRANSMIT ON TIME.— 20

“(i) GENERAL RULE.—If the State fails to transmit any absentee 21

ballot by the 46th day before the election as required by subparagraph (A) 22

and the absent uniformed services voter or overseas voter did not request 23

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electronic ballot transmission pursuant to subsection (f), the State shall 1

transmit such ballot by express delivery. 2

“(ii) EXTENDED FAILURE.—If the State fails to transmit any 3

absentee ballot by the 41st day before the election, in addition to 4

transmitting the ballot as provided in clause (i), the State shall— 5

“(I) in the case of absentee ballots requested by absent 6

uniformed services voters with respect to regularly scheduled 7

general elections, notify such voters of the procedures established 8

under section 103A for the collection and delivery of marked 9

absentee ballots; and 10

“(II) in any other case, provide, at the State's expense, for 11

the return of such ballot by express delivery. 12

“(iii) ENFORCEMENT.—A State's compliance with this 13

subparagraph does not bar the Attorney General from seeking additional 14

remedies necessary to effectuate the purposes of this Act. 15

“(2) REQUESTS RECEIVED AFTER 46TH DAY BEFORE AN ELECTION FOR FEDERAL 16

OFFICE.—For purposes of subsection (a)(8), in a case in which a valid request for an 17

absentee ballot is received less than 46 days before an election for Federal office, the 18

State shall transmit the absentee ballot within one business day of receipt of the request.”. 19

SEC. 1403. CLARIFICATION OF STATE RESPONSIBILITY, CIVIL PENALTIES, 20

AND PRIVATE RIGHT OF ACTION. 21

(a) ENFORCEMENT.—Section 105 of the Uniformed and Overseas Citizens Absentee 22

Voting Act (42 U.S.C. 1973ff-4) is amended to read as follows: 23

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“SEC. 105. ENFORCEMENT. 1

“(a) IN GENERAL.—The Attorney General may bring a civil action in an appropriate 2

district court for such declaratory or injunctive relief as may be necessary to carry out this title. 3

In any such action, the only necessary party defendant is the State. It shall not be a defense to 4

such action that local election officials are not also named as defendants. 5

“(b) CIVIL PENALTY.—In a civil action brought under subsection (a), if the court finds 6

that the State violated any provision of this title, it may, to vindicate the public interest, assess a 7

civil penalty against the State— 8

“(1) in an amount not exceeding $110,000, for a first violation. 9

“(2) in an amount not exceeding $220,000, for any subsequent violation. 10

“(c) ANNUAL REPORT TO CONGRESS.—Not later than December 31 of each year, the 11

Attorney General shall submit to Congress a report on any civil action brought under subsection 12

(a) during that year. 13

“(d) PRIVATE RIGHT OF ACTION.—A person who is aggrieved by a State’s violation of 14

this Act may bring a civil action in an appropriate district court for such declaratory or injunctive 15

relief as may be necessary to carry out this Act. 16

“(e) ATTORNEY’S FEES.—In a civil action under this section, the court may allow the 17

prevailing party (other than the United States) reasonable attorney’s fees, including litigation 18

expenses, and costs.”. 19

(b) REPEAL OF CLARIFICATION REGARDING DELEGATION OF STATE RESPONSIBILITY.—20

Section 576 of the Military and Overseas Voter Empowerment Act (42 U.S.C. 1973ff-1 note) is 21

repealed. 22

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SEC. 1404. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE ACT 1

AMENDMENTS RELATED TO THE FEDERAL WRITE-IN ABSENTEE 2

BALLOT. 3

(a) STATE RESPONSIBILITIES.—Section 102(a)(3) of the Uniformed and Overseas Citizens 4

Absentee Voting Act (42 U.S.C. 1973ff-1(a)(3)) is amended by striking “general”. 5

(b) WRITE-IN ABSENTEE BALLOTS.—Section 103 of such Act (42 U.S.C. 1973ff-2) is 6

amended— 7

(1) by striking “GENERAL” in the title of the section; and 8

(2) by striking “general” in subsection (b)(2)(B). 9

SEC. 1405. TREATMENT OF BALLOT REQUESTS. 10

(a) IN GENERAL.—Section 104 of the Uniformed and Overseas Citizens Absentee Voting 11

Act (42 U.S.C. 1973ff-3) is amended— 12

(1) by striking “A State may not” and inserting 13

“(a) PROHIBITION OF REFUSAL OF APPLICATIONS ON GROUNDS OF EARLY SUBMISSION—A 14

State may not”; 15

(2) by inserting “or overseas voter” after “an absent uniformed services voter”; 16

(3) by striking “members of the” before “uniformed services”; 17

(4) by inserting “voters or overseas voters” before the period; and 18

(5) by adding at the end the following new subsection: 19

“(b) APPLICATION TREATED AS VALID FOR SUBSEQUENT ELECTIONS.—- 20

“(1) IN GENERAL.—- If a State accepts and processes a request for an absentee 21

ballot by an absent uniformed services voter or overseas voter and the voter requests that 22

the application be considered an application for an absentee ballot for each subsequent 23

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election for Federal office held in the State through the next regularly scheduled general 1

election for Federal office (including any runoff elections which may occur as a result of 2

the outcome of such general election), and any special elections for Federal office held in 3

the State through the calendar year following such general election, the State shall 4

provide an absentee ballot to the voter for each such subsequent election. 5

“(2) EXCEPTION FOR VOTERS CHANGING REGISTRATION.—- Paragraph (1) shall not 6

apply with respect to a voter registered to vote in a State for any election held after the 7

voter notifies the State that the voter no longer wishes to be registered to vote in the State 8

or after the State determines that the voter has registered to vote in another State.”. 9

(b) CONFORMING AMENDMENT.—- The heading of such section is amended to read as 10

follows: 11

“SEC. 104. “TREATMENT OF BALLOT REQUESTS.”. 12

SEC. 1406. INCLUSION OF NORTHERN MARIANA ISLANDS IN THE DEFINITION 13

OF “STATE” FOR PURPOSES OF THE UNIFORMED AND OVERSEAS 14

CITIZENS ABSENTEE VOTING ACT. 15

Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee 16

Voting Act (42 U.S.C. 1973ff-6) are each amended by striking “and American Samoa” and 17

inserting “American Samoa, and the Commonwealth of the Northern Mariana Islands”. 18

SEC. 1407. REQUIREMENT FOR PRESIDENTIAL DESIGNEE TO REVISE THE 19

FEDERAL POST CARD APPLICATION TO ALLOW VOTERS TO 20

DESIGNATE BALLOT REQUESTS. 21

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(a) REQUIREMENT.—The Presidential designee shall ensure that the official post card 1

form (prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee 2

Voting Act (42 U.S.C. 1973ff(b)(2))) enables a voter using the form to— 3

(1) request an absentee ballot for each election for Federal office held in a State 4

through the next regularly scheduled general election for Federal office (including any 5

runoff elections which may occur as a result of the outcome of such general election) and 6

any special elections for Federal office held in the State through the calendar year 7

following such general election; or 8

(2) request an absentee ballot for a specific election or elections for Federal office 9

held in a State during the period described in paragraph (1). 10

(b) DEFINITION.—In this section, the term “Presidential designee” means the individual 11

designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act 12

(42 U.S.C. 1973ff(a)). 13

SEC. 1408. REQUIREMENT OF PLURALITY VOTE FOR VIRGIN ISLANDS AND 14

GUAM FEDERAL ELECTIONS. 15

Section 2(a) of the Act entitled “An Act to provide that the unincorporated territories of 16

Guam and the Virgin Islands shall each be represented in Congress by a Delegate to the House of 17

Representatives” approved April 10, 1972 (48 U.S.C. 1712(a)), is amended— 18

(1) by striking “majority” in the second and third sentences and inserting 19

“plurality”; and 20

(2) by striking the fourth sentence. 21

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SEC. 1409. EXTENSION OF REPORTING DEADLINE FOR THE ANNUAL REPORT 1

ON THE ASSESSMENT OF THE EFFECTIVENESS OF ACTIVITIES OF 2

THE FEDERAL VOTING ASSISTANCE PROGRAM. 3

(a) ELIMINATION OF REPORTS FOR NON-ELECTION YEARS.—Section 105A(b) of the 4

Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-4a(b)) is amended— 5

(1) by striking “March 31 of each year” and inserting “June 30 of each odd-6

numbered year”; and 7

(2) by striking “the following information” and inserting “the following 8

information with respect to the Federal elections held during the preceding calendar 9

year”. 10

(b) CONFORMING AMENDMENTS.—Such section is further amended— 11

(1) by striking “ANNUAL REPORT” in the subsection heading and inserting 12

“BIENNIAL REPORT”; and 13

(2) by striking “In the case of” in paragraph (3) and all that follows through “a 14

description” and inserting “A description”. 15

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 16

FOR OVERSEAS CONTINGENCY OPERATIONS 17

[RESERVED] 18

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 19

SEC. 2001. SHORT TITLE. 20

This division may be cited as the “Military Construction Authorization Act for Fiscal 21

Year 2015”. 22

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SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO 1

BE SPECIFIED BY LAW. 2

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.—Except as provided in 3

subsection (b), all authorizations contained in titles XXI through XXVII for military construction 4

projects, land acquisition, family housing projects and facilities, and contributions to the North 5

Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations 6

therefor) shall expire on the later of— 7

(1) October 1, 2017; or 8

(2) the date of the enactment of an Act authorizing funds for military construction 9

for fiscal year 2018. 10

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations for military 11

construction projects, land acquisition, family housing projects and facilities, and contributions 12

to the North Atlantic Treaty Organization Security Investment Program (and authorizations of 13

appropriations therefor), for which appropriated funds have been obligated before the later of— 14

(1) October 1, 2017; or 15

(2) the date of the enactment of an Act authorizing funds for fiscal year 2018 for 16

military construction projects, land acquisition, family housing projects and facilities, or 17

contributions to the North Atlantic Treaty Organization Security Investment Program. 18

TITLE XXI—ARMY MILITARY CONSTRUCTION 19

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 20

PROJECTS. 21

(a) INSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the 22

authorization of appropriations in section 2103(1), the Secretary of the Army may acquire real 23

133

property and carry out military construction projects for the installations or locations inside the 1

United States, and in the amounts, set forth in the following table: 2

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 3

authorization of appropriations in section 2103(2), the Secretary of the Army may acquire real 4

property and carry out military construction projects for the installations or locations outside the 5


Army: Outside the United States Country Installation Amount

Cuba Guantanamo Bay $23,800,000 Japan Kadena AB $10,600,000 SEC. 2102. FAMILY HOUSING. 7

Using amounts appropriated pursuant to the authorization of appropriations in section 8

2103(5)(A), the Secretary of the Army may construct or acquire family housing units (including 9

land acquisition and supporting facilities) at the installations or locations, in the number of units, 10

and in the amounts set forth in the following table: 11

Army: Family Housing Country Installation Units Amount

Illinois Rock Island 33 $19,500,000 Korea Camp Walker 90 $57,800,000 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 12

134

Funds are hereby authorized to be appropriated for fiscal years beginning after September 1

30, 2014, for military construction, land acquisition, and military family housing functions of the 2

Department of the Army in the total amount of $969,012,000 as follows: 3

(1) For military construction projects inside the United States authorized by 4

section 2101(a), $370,900,000. 5

(2) For military construction projects outside the United States authorized by 6

section 2101(b), $34,400,000. 7

(3) For unspecified minor military construction projects authorized by section 8

2805 of title 10, United States Code, $25,000,000. 9

(4) For architectural and engineering services and construction design under 10

section 2807 of title 10, United States Code, $51,127,000. 11

(5) For military family housing functions: 12

(A) For construction and acquisition, planning and design, and 13

improvement of military family housing and facilities, $78,609,000. 14

(B) For support of military family housing (including the functions 15

described in section 2833 of title 10, United States Code), $350,976,000. 16

(6) For the construction of increment 3 of the Cadet Barracks at the United States 17

Military Academy, New York, authorized by section 2101(a) of the Military Construction 18

Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 19

2119), $58,000,000. 20

SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL 21

YEAR 2004 PROJECT. 22

135

In the case of the authorization contained in the table in section 2101(a) of the Military 1

Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 2

Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of an Explosives Research and 3

Development Loading Facility at the installation, the Secretary of the Army may use available 4

unobligated balances of amounts appropriated for military construction for the Army to complete 5

work on the project within the scope specified for the project in the justification data provided to 6

Congress as part of the request for authorization of the project. 7


YEAR 2013 PROJECTS. 9

(a) FORT DRUM.—(1) In executing the authorization contained in the table in section 10

2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of 11

Public Law 112-239; 126 Stat. 2119) for Fort Drum, New York, for construction of an Aircraft 12

Maintenance Hangar at the installation, the Secretary of the Army may provide a capital 13

contribution to a public or private utility company in order for the utility company to extend the 14

utility company’s gas line to the installation boundary. 15

(2) The capital contribution under subsection (a) is not considered a change in the scope 16

of work under section 2853 of title 10, United States Code. 17

(b) FORT LEONARD WOOD.—In the case of the authorization contained in the table in 18

section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B 19

of Public Law 112-239; 126 Stat. 2119) for Fort Leonard Wood, Missouri, for construction of 20

Battalion Complex Facilities at the installation, the Secretary of the Army may construct the 21

Battalion Headquarters with classrooms for a unit other than a Global Defense Posture 22

Realignment unit. 23

136

(c) FORT MCNAIR.—In the case of the authorization contained in the table in section 1


Public Law 112-239; 126 Stat. 2119) for Fort McNair, District of Columbia, for construction of a 3

Vehicle Storage Building at the installation, the Secretary of the Army may construct up to 4

20,227 square feet of vehicle storage. 5

SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2011 6

PROJECT. 7

(a) EXTENSIONS.—Notwithstanding section 2002 of the Military Construction 8

Authorization Act for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat.4436), the 9

authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (124 10

Stat. 4437), shall remain in effect until October 1, 2015, or the date of the enactment of an Act 11

authorizing funds for military construction for fiscal year 2016, whichever is later: 12

(b) TABLE.—The table referred to in subsection (a) as follows: 13

Army: Extension of 2011 Project Authorizations State/Country Installation or

Location Project Amount

Georgia Fort Benning Land Acquisition $12,200,000 SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2012 14

PROJECTS. 15

(a) EXTENSIONS.—Notwithstanding section 2002 of the Military Construction 16

Authorization Act for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1660), the 17

authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (125 18


authorizing funds for military construction for fiscal year 2016, whichever is later: 20

(b) TABLE.—The table referred to in subsection (a) as follows: 21

137

Army: Extension of 2012 Project Authorizations State Installation or

Location Project Amount

Georgia Fort Benning Land Acquisition $5,100,000 Fort Benning 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 Fort Bliss 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

TITLE XXII—NAVY MILITARY CONSTRUCTION 1

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 2

PROJECTS. 3


authorization of appropriations in section 2204(1), the Secretary of the Navy may acquire real 5



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

138

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 1

authorization of appropriations in section 2204(2), the Secretary of the Navy may acquire real 2

property and carry out military construction projects for the installation or location outside the 3


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 SEC. 2202. FAMILY HOUSING. 5


2204(5)(A), the Secretary of the Navy may carry out architectural and engineering services and 7

construction design activities with respect to the construction or improvement of family housing 8

units in an amount not to exceed $472,000. 9

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 10

Subject to section 2825 of title 10, United States Code, and using amounts appropriated 11

pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy 12

may improve existing military family housing units in an amount not to exceed $15,940,000. 13

139

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 1



Department of the Navy in the total amount of $1,389,213,000, as follows: 4


section 2201(a), $680,697,000. 6


section 2201(b), $213,768,000. 8






(A) For construction and acquisition, planning and design, and 14

improvement of military family housing and facilities, $16,412,000. 15

(B) For support of military family housing (including functions described 16

in section 2833 of title 10, United States Code), $354,029,000. 17

(6) For the construction of increment 4 of the Explosives Handling Wharf No. 2 at 18

Kitsap, Washington, authorized by section 2201(a) of the Military Construction 19


1666), as amended by section 2205 of the Military Construction Authorization Act for 21

Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2124) $83,778,000. 22

140


YEAR 2012 PROJECTS. 2

(a) YUMA.—In the case of the authorization contained in the table in section 2201(a) of 3

the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 4

112–81; 125 Stat. 1666), for Yuma, Arizona, for construction of a Double Aircraft Maintenance 5

Hangar, the Secretary of the Navy may construct up to approximately 70,000 square feet of 6

additional apron to be utilized as a taxi-lane using amounts appropriated for this project pursuant 7

to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667). 8

(b) CAMP PENDLETON.—In the case of the authorization contained in the table in section 9


Public Law 112–81; 125 Stat. 1666), for Camp Pendleton, California, for construction of an 11

Infantry Squad Defense Range, the Secretary of the Navy may construct up to 9,000 square feet 12

of vehicular bridge using amounts appropriated for this project pursuant to the authorization of 13

appropriations in section 2204 of such Act (125 Stat. 1667). 14

(c) KINGS BAY.—In the case of the authorization contained in the table in section 2201(a) 15

of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 16

112–81; 125 Stat. 1666), for Kings Bay, Georgia, for construction of a Crab Island Security 17

Enclave, the Secretary of the Navy may expand the enclave fencing system to three layers of 18

fencing and construct two elevated fixed fighting positions with associated supporting facilities 19

using amounts appropriated for this project pursuant to the authorization of appropriations in 20

section 2204 of such Act (125 Stat. 1667). 21



141


Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113-66; 127 Stat. 2

989), for Yorktown, Virginia, for construction of Small Arms Ranges, the Secretary of the Navy 3

may construct 240 square meters of armory, 48 square meters of Safety Officer/Target Storage 4

Building, and 667 square meters of Range Operations Building using appropriations available for 5

the project pursuant to the authorization of appropriations in section 2204 of such Act (127 Stat. 6

990). 7


PROJECTS. 9

(a) EXTENSION.—Notwithstanding section 2002 of the Military Construction 10

Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the 11

authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act 12

(124 Stat. 4441) and extended by section 2207 of the Military Construction Authorization Act 13

for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 991), shall remain in effect 14

until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal 15

year 2016, whichever is later. 16

(b) TABLE.—The table referred to in subsection (a) is as follows: 17

Navy: Extension of 2011 Project Authorizations State/Country Installation or Location Project Amount

Bahrain Southwest Asia Navy Central Command Ammunition Magazines

$89,280,000

Guam Naval Activities, Guam Defense Access Roads Improvements

$66,730,000


PROJECTS. 19

142


Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the 2

authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act 3

(125 Stat. 1666), shall remain in effect until October 1, 2015, or the date of an Act authorizing 4

funds for military construction for fiscal year 2016, whichever is later. 5


Navy: Extension of 2012 Project Authorizations State/Country Installation or Location Project Amount

California Camp Pendleton North Area Waste Water Conveyance

$78,271,000

California Camp Pendleton Infantry Squad Defense Range

$29,187,000

California 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

Georgia Kings Bay WRA Land/Water Interface $33,150,000 Maryland Patuxent River Aircraft Prototype Facility

Phase 2 $45,844,000

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 7

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 8

PROJECTS. 9


authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire 11

real property and carry out military construction projects for the installations or locations inside 12

the United States, and in the amounts, set forth in the following table: 13

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

143

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 1

authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire 2

real property and carry out military construction projects for the installations or locations outside 3

the United States, and in the amounts, set forth in the following table: 4

Air Force: Outside the United States Country Installation Amount

Guam Joint Region Marianas $13,400,000 United Kingdom Croughton RAF $92,223,000 SEC. 2302. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 5



Department of the Air Force in the total amount of $1,139,521,000, as follows: 8


section 2301(a), $262,800,000. 10


section 2301(b), $105,623,000. 12






144

(A) For support of military family housing (including functions described 1


(6) For the construction of increment 2 of the United States Cyber Command 3

Joint Operations Center at Fort Meade, Maryland, authorized by section 2301(a) of the 4

Military Construction Authorization Act for Fiscal Year 2014 (division B of the Public 5

Law 113-66; 127 Stat. 992), $166,000,000. 6

(7) For the construction of increment 4 of the United States Strategic Command 7

Replacement Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) 8

of the Military Construction Authorization Act for Fiscal Year 2012 (division B of the 9

Public Law 112-81; 125 Stat. 1670), $180,000,000. 10

(8) For the construction of increment 2 of the Guam Strike Fuel Systems 11

Maintenance Hangar at Joint Base Marianas, Guam, authorized by section 2301(b) of the 12

Military Construction Authorization Act for Fiscal Year 2012 (division B of the Public 13

Law 112-81; 125 Stat. 1671), $64,000,000. 14




Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 18

Stat. 515), for Shaw Air Force Base, South Carolina, for Base Infrastructure at that location, the 19

Secretary of the Air Force may acquire fee or lesser real property interests in approximately 11.5 20

acres of land contiguous to Shaw Air Force Base for the project using funds appropriated to the 21

Department of the Air Force for construction in years prior to fiscal year 2015. 22

145


PROJECT. 2





authorizing funds for military construction for fiscal year 2016, whichever is later. 7


Air Force: Extension of 2011 Project Authorizations State Installation or Location Project Amount

Bahrain, SW Asia Shaikh Isa AB North Apron Expansion $45,000,000 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2012 9

PROJECT. 10







Air Force: Extension of 2012 Project Authorizations State Installation or Location Project Amount

Alaska Eielson AFB Dormitory (168 RM) $45,000,000 Italy Sigonella Naval Air

Station UAS SATCOM Relay Pads and Facility

$15,000,000

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 17

Subtitle A—Defense Agency Authorizations 18

146

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND 1

ACQUISITION PROJECTS. 2


authorization of appropriations in section 2403(1), the Secretary of Defense may acquire real 4



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 7

authorization of appropriations in section 2403(2), the Secretary of Defense may acquire real 8

147

property and carry out military construction projects for the installations or locations outside the 1


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 SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS. 3


2403(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 5

of title 10, United States Code, in the amount of $150,000,000. 6

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 7



Department of Defense (other than the military departments) in the total amount of 10

$2,124,652,000, as follows: 11


section 2401(a), $868,656,000. 13


section 2401(b), $411,791,000. 15

(3) For unspecified minor military construction projects under section 2805 of 16

title 10, United States Code, $43,487,000. 17

(4) For contingency construction projects of the Secretary of Defense under 18


148



(6) For energy conservation projects under chapter 173 of title 10, United States 3

Code, $150,000,000. 4


(A) For support of military family housing (including functions described 6


(B) For credits (including amounts authorized for and appropriated) to the 8

Department of Defense Family Housing Improvement Fund for functions under 9


(C) For credits to the Homeowners Assistance Fund established under 11

section 1013 of the Demonstration Cities and Metropolitan Development Act of 12

1966 (42 U.S.C. 3374). 13

(8) For the construction of increment 6 of the Hospital Replacement at Fort Bliss, 14

Texas, authorized by section 2401(a) of the Military Construction Authorization Act for 15

Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2642), $131,500,000. 16

(9) For the construction of increment 3 of the NSAW Recapitalize Building #1 at 17

Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction 18


2127), $45,521,000. 20

(10) For the construction of increment 4 of the Medical Center Replacement at 21

Rhine Ordnance Barracks, Germany, authorized by section 2401(b) of the Military 22

Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112-81; 23

149

125 Stat. 1673), as amended by section 2404(b) of the Military Construction 1


2131), $259,695,000. 3


PROJECT. 5


Authorization Act for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4436), 7

the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act 8

(124 Stat. 4446), shall remain in effect until October 1, 2015, or the date of an Act authorizing 9

funds for military construction for fiscal year 2016, whichever is later. 10


Defense Agencies: Extension of 2011 Project Authorizations State/Country Installation or Location Project Amount

District of Columbia

Bolling Air Force Base Cooling Tower Expansion DIAC Parking Garage Electrical Upgrades

$2,070,000 $13,586,000 $1,080,000


PROJECTS. 13







Defense Agencies: Extension of 2012 Project Authorizations State Installation or Location Project Amount

150

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


PROJECTS. 2







Defense Agencies: Extension of 2012 Project Authorizations State Installation or Location Project Amount

California Coronado SOF Support Activity Operations Facility $42,000,000 Virginia Pentagon Reservation Heliport Control Tower and Fire Station $6,457,000 Virginia Pentagon Reservation Pentagon Memorial Pedestrian Plaza $2,285,000

Subtitle B—Chemical Demilitarization Authorizations 9

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL 10

DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE. 11


30, 2014, for the construction of phase XV of a munitions demilitarization facility at Blue Grass 13

Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction 14

Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 835), as 15

amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 16

151

(division B of Public Law 107-107; 115 Stat. 1298), section 2405 of the Military Construction 1

Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2698), 2

section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of 3

Public Law 110-417; 122 Stat. 4697), and section 2412 of the Military Construction 4

Authorization Act for Fiscal Year 2011 (division B Public Law 111-383; 124 Stat. 4450), 5

$38,715,000. 6



(a) MODIFICATION.—The table in section 2401(a) of the Military Construction 9

Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as 10


(division B of Public Law 107–107; 115 Stat. 1298), section 2405 of the Military Construction 12

Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), 13


Public Law 110–417; 122 Stat. 4697), and section 2412 of the Military Construction 15

Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4450), is 16

amended— 17

(1) in the item relating to Blue Grass Army Depot, Kentucky, by striking 18

“$746,000,000” in the amount column and inserting “$780,000,000”; and 19

(2) by striking the amount identified as the total in the amount column and 20

inserting “$1,237,920,000”. 21

(b) CONFORMING AMENDMENT.—Section 2405(b)(3) of the Military Construction 22

Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839), as 23

152


(division B of Public Law 107–107; 115 Stat. 1298), section 2405 of the Military Construction 2

Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), 3


Public Law 110–417; 122 Stat. 4697), and section 2412 of the Military Construction 5

Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4450), is 6

further amended by striking “$723,200,000” and inserting “$757,200,000”. 7

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 8

SECURITY INVESTMENT PROGRAM 9

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION 10

PROJECTS. 11

The Secretary of Defense may make contributions for the North Atlantic Treaty 12

Organization Security Investment Program as provided in section 2806 of title 10, United States 13

Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this 14

purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as 15

a result of construction previously financed by the United States. 16

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 17


30, 2012, for contributions by the Secretary of Defense under section 2806 of title 10, United 19

States Code, for the share of the United States of the cost of projects for the North Atlantic 20

Treaty Organization Security Investment Program authorized by section 2501, in the amount of 21

$199,700,000. 22

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 23

153

Subtitle A—Project Authorizations and Authorization of Appropriations 1

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND 2



2606(1), the Secretary of the Army may acquire real property and carry out military construction 5

projects for the Army National Guard locations inside the United States, and in the amounts, set 6

forth in the following table: 7

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 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 8



2606(2), the Secretary of the Army may acquire real property and carry out military construction 11

projects for the Army Reserve locations inside the United States, and in the amounts, set forth in 12

the following table: 13

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 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 14

CONSTRUCTION AND LAND ACQUISITION PROJECTS. 15

154


2606(3), the Secretary of the Navy may acquire real property and carry out military construction 2

projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and 3

in the amounts, set forth in the following table: 4

Navy Reserve and Marine Corps Reserve State Installation Amount

Pennsylvania Pittsburgh $17,650,000 Washington Whidbey Island $27,755,000 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND 5



2606(4), the Secretary of the Air Force may acquire real property and carry out military 8

construction projects for the Air National Guard locations inside the United States, and in the 9

amounts, set forth in the following table: 10

Air National Guard State Installation Amount

Connecticut Bradley International Airport $16,306,000 Iowa Des Moines Municipal Airport $8,993,000 Michigan W. K. Kellog Regional Airport $6,000,000 New Hampshire Pease International Trade Port $41,902,000 Pennsylvania Horsham Air Guard Station (Willow Grove) $5,662,000 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND 11



2606(5), the Secretary of the Air Force may acquire real property and carry out military 14

construction projects for the Air Force Reserve locations inside the United States, and in the 15

amounts, set forth in the following table: 16

Air Force Reserve

155

State Installation Amount Georgia Robins AFB $27,700,000 North Carolina Seymour Johnson AFB $9,800,000 Texas Fort Worth $3,700,000 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND 1

RESERVE. 2


30, 2013, for the costs of acquisition, architectural and engineering services, and construction of 4

facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of 5

title 10, United States Code (including the cost of acquisition of land for those facilities), in the 6

following amounts: 7

(1) For the Department of the Army, for the Army National Guard of the United 8

States, $126,920,000. 9

(2) For the Department of the Army, for the Army Reserve, $103,946,000. 10

(3) For the Department of the Navy, for the Navy and Marine Corps Reserve, 11

$51,528,000. 12

(4) For the Department of the Air Force, for the Air National Guard of the United 13

States, $94,663,000. 14

(5) For the Department of the Air Force, for the Air Force Reserve, $49,492,000. 15

Subtitle B—Other Matters 16

SEC. 2611. MODIFICATION AND EXTENSION OF AUTHORITY TO CARRY OUT 17

CERTAIN FISCAL YEAR 2012 PROJECTS. 18

(a) KANSAS CITY.—(1) In the case of the authorization contained in the table in section 19

2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public 20

Law 112–81; 125 Stat. 1678), for Kansas City, Kansas, for construction of an Army Reserve 21

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Center at that location, the Secretary of the Army may, instead of constructing a new facility in 1

Kansas City, construct a new facility in the vicinity of Kansas City, Kansas. 2

(2) Notwithstanding section 2002 of the Military Construction Authorization Act for 3

Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1660), the authorization set forth 4

in subsection (a) shall remain in effect until October 1, 2018, or the date of the enactment of an 5

Act authorizing funds for military construction for fiscal year 2019, whichever is later. 6

(b) ATTLEBORO.—(1) In the case of the authorization contained in the table in section 7

2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public 8

Law 112–81; 125 Stat. 1678), for Attleboro, Massachusetts, for construction of an Army Reserve 9

Center at that location, the Secretary of the Army may, instead of constructing a new facility in 10

Attleboro, construct a new facility in the vicinity of Attleboro, Massachusetts. 11

(2) Notwithstanding section 2002 of the Military Construction Authorization Act for 12

Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1660), the authorization set forth 13

in subsection (a) shall remain in effect until October 1, 2018, or the date of the enactment of an 14

Act authorizing funds for military construction for fiscal year 2019, whichever is later. 15



In the case of the authorization contained in the table in section 2601 of the Military 18

Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 19

Stat. 2134) for Stormville, New York, for construction of a Combined Support Maintenance 20

Shop Phase I, the Secretary of the Army may instead construct the facility at Camp Smith, New 21

York and build a 53,760 square foot maintenance facility in lieu of a 75,156 square foot 22

maintenance facility. 23

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SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2011 1

PROJECT. 2






(b) TABLE.—The table referred to in subsection (a) is a follows: 8

Extension of 2011 National Guard and Reserve Project Authorization State Installation Project Amount

Puerto Rico Camp Santiago Multi Purpose Machine Gun Range

$9,200,000

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 9

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT 10

AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF 11

DEFENSE BASE CLOSURE ACCOUNT. 12


30, 2013, for base realignment and closure activities, including real property acquisition and 14

military construction projects, as authorized by the Defense Base Closure and Realignment Act 15

of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and funded through 16

the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, 17

in the total amount of $270,085,000, as follows: 18

(1) For the Department of the Army, $84,417,000. 19

(2) For the Department of the Navy, $94,692,000. 20

(3) For the Department of the Air Force, $90,976,000. 21

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TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 1

SEC. 2801. REVISIONS TO MINOR MILITARY CONSTRUCTION AUTHORITIES. 2

(a) ESTABLISHMENT OF MINOR MILITARY CONSTRUCTION EXCEPTION THRESHOLD.—3

Subsection (a) of section 2805 of title 10, United States Code, is amended by adding at the end 4

the following new paragraph: 5

“(3) For purposes of this section, the minor military construction exception threshold is 6

$4,000,000.”. 7

(b) INCREASE IN DOLLAR THRESHOLDS FOR CERTAIN AUTHORITIES RELATING TO 8

UNSPECIFIED MINOR MILITARY CONSTRUCTION.— 9

(1) MAXIMUM AMOUNT FOR PROJECTS TO CORRECT DEFICIENCIES THAT ARE LIFE-, 10

HEALTH-, OR SAFETY-THREATENING.—Subsection (a)(2) of such section is amended by 11

striking “$3,000,000” in the second sentence and inserting “the minor military 12

construction exception threshold”. 13

(2) INCREASE IN MAXIMUM AMOUNT OF OPERATION AND MAINTENANCE FUNDS 14

AUTHORIZED TO BE USED FOR CERTAIN PROJECTS.—Subsection (c) of such section is 15

amended by striking “$750,000” and inserting “$1,000,000”. 16

(c) INCREASED THRESHOLD FOR APPLICATION OF SECRETARIAL APPROVAL AND 17

CONGRESSIONAL NOTIFICATION REQUIREMENTS.—Subsection (b)(1) of such section is amended 18

by striking “$750,000” and inserting “the amount specified in subsection (c)”. 19

SEC. 2802. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR THRESHOLDS 20

APPLICABLE TO UNSPECIFIED MINOR MILITARY CONSTRUCTION 21

AUTHORITIES. 22

Section 2805 of title 10, United States Code, is amended by adding at the end the 23

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following new subsection: 1

‘‘(f) ADJUSTMENT OF DOLLAR LIMITATIONS FOR LOCATION.—Each fiscal year, the 2

Secretary concerned shall adjust the dollar limitations specified in this section applicable to an 3

unspecified minor military construction project to reflect the area construction cost index for 4

military construction projects published by the Department of Defense during the prior fiscal 5

year for the location of the project.”. 6

SEC. 2803. CHANGE IN AUTHORITIES RELATING TO SCOPE OF WORK 7

VARIATIONS FOR MILITARY CONSTRUCTION PROJECTS. 8

(a) LIMITED AUTHORITY FOR SCOPE OF WORK INCREASE.—Section 2853 of title 10, 9


(1) in subsection (b)(2), by striking “The scope of work” and inserting “Except as 11

provided in subsection (d), the scope of work”; 12

(2) by redesignating subsections (d) and (e) as subsections (e) and (f), 13

respectively; and 14

(3) by inserting after subsection (c) the following new subsection (d): 15

“(d) The limitation in subsection (b)(2) on an increase in the scope of work does not 16

apply if— 17

“(1) the increase in the scope of work is not more than 10 percent of the amount 18

specified for that project, construction, improvement, or acquisition in the justification 19

data provided to Congress as part of the request for authorization of the project, 20

construction, improvement, or acquisition; 21

“(2) the increase is approved by the Secretary concerned; 22

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“(3) the Secretary concerned notifies the appropriate committees of Congress in 1

writing of the increase in scope and the reasons therefor; and 2

“(4) a period of 21 days has elapsed after the date on which the notification is 3

received by the committees or, if over sooner, a period of 14 days has elapsed after the 4

date on which a copy of the notification is provided in an electronic medium pursuant to 5

section 480 of this title.”. 6

(b) CROSS-REFERENCE AMENDMENTS.— 7

(1) Subsection (a) of such section is amended by striking “subsection (c) or (d)” 8

and inserting “subsection (c), (d), or (e)”. 9

(2) Subsection (f) of such section, as redesignated by subsection (a)(2), is 10

amended by striking “through (d)” and inserting “through (e)”. 11

(c) ADDITIONAL TECHNICAL AMENDMENTS.— 12

(1) CONFORMITY WITH GENERAL TITLE 10 STYLE.—Subsection (a) of such section 13

is further amended by inserting “of this title” after “section 2805(a)”. 14

(2) DELETION OF SURPLUS WORD.—Subsection (c)(1)(A) of such section is 15

amended by striking “be” after “Congress can”. 16