I
113th CONGRESS
2d Session
H. R. 4435
IN THE HOUSE OF REPRESENTATIVES
April 9, 2014
Mr. McKeon (for himself and Mr. Smith of Washington) (both by request) introduced the following bill; which was referred to the Committee on Armed Services
A BILL
To authorize appropriations for fiscal year 2015 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Short title
This Act may be cited as the
National Defense Authorization Act for Fiscal Year 2015
.
Organization of Act into divisions; table of contents
Divisions
This Act is organized into two divisions as follows:
Division A—Department of Defense Authorizations.
Division B—Military Construction Authorizations.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Title I—PROCUREMENT
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Joint Improvised Explosive Device Defeat Fund.
Sec. 106. Defense Production Act purchases.
Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) defense education program.
Sec. 212. Modification to the requirement for contractor cost-sharing in the pilot program to include technology protection features during research and development of certain defense systems.
Title III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B—Program Matters
Sec. 311. Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities.
Sec. 312. Repeal of authority relating to use of military installations by civil reserve air fleet contractors.
Sec. 313. Repeal of annual report on Department of Defense operation and financial support for military museums.
Sec. 314. Memorial to the victims of the shooting attack at the Washington Navy Yard.
Sec. 315. 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. Repeal of requirement for membership in specific unit of the Selected Reserve as a condition of employment as a military technician (dual status).
Sec. 512. Retention on the reserve active-status list following nonselection for promotion of certain health professions officers and first lieutenants and lieutenants (junior grade) pursuing baccalaureate degrees.
Subtitle C—Member Education and Training
Sec. 521. Inter-European Air Forces Academy.
Sec. 522. Authority for Joint Special Operations University to award degrees.
Sec. 523. Duration of foreign and cultural exchange activities at military service academies.
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. 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—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Subtitle B—Travel and Transportation Allowances
Sec. 621. Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel.
Sec. 622. Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services.
Title VII—HEALTHCARE PROVISIONS
Sec. 711. Designation and responsibilities of senior medical advisor for Armed Forces Retirement Home.
Sec. 712. Extension of authority for the joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.
Sec. 713. 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.
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. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities.
Sec. 902. Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad.
Sec. 903. 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—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 C—Sexual Assault Prevention and Response Related Reforms
Sec. 1031. Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the defense incident-based reporting system.
Sec. 1032. Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings.
Subtitle D—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. Transfer of functions of the veterans’ advisory board on dose reconstruction to the Secretaries of Veterans Affairs and Defense.
Sec. 1045. 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.
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 XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
Division B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.
Title XXI—ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year 2004 project.
Sec. 2105. Modification of authority to carry out certain fiscal year 2013 projects.
Sec. 2106. Extension of authorizations of certain fiscal year 2011 project.
Sec. 2107. Extension of authorizations of certain fiscal year 2012 projects.
Title XXII—NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 2012 projects.
Sec. 2206. Modification of authority to carry out certain fiscal year 2014 project.
Sec. 2207. Extension of authorizations of certain fiscal year 2011 projects.
Sec. 2208. Extension of authorizations of certain fiscal year 2012 projects.
Title XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Authorization of appropriations, Air Force.
Sec. 2303. Modification of authority to carry out certain fiscal year 2008 project.
Sec. 2304. Extension of authorizations of certain fiscal year 2011 project.
Sec. 2305. Extension of authorizations of certain fiscal year 2012 project.
Title XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A—Defense Agency Authorizations
Sec. 2401. Authorized defense agencies construction and land acquisition projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authorizations of certain fiscal year 2011 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2012 projects.
Sec. 2406. Extension of authorizations of certain fiscal year 2012 projects.
Subtitle B—Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide.
Sec. 2412. Modification of authority to carry out certain fiscal year 2000 project.
Title XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Title XXVI—GUARD AND RESERVE FORCES FACILITIES
Subtitle A—Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B—Other Matters
Sec. 2611. Modification and extension of authority to carry out certain fiscal year 2012 projects.
Sec. 2612. Modification of authority to carry out certain fiscal year 2013 project.
Sec. 2613. Extension of authorization of certain fiscal year 2011 project.
Title XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account.
Title XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Sec. 2801. Revisions to minor military construction authorities.
Sec. 2802. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities.
Sec. 2803. Change in authorities relating to scope of work variations for military construction projects.
PROCUREMENT
Army
Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Army as follows:
For aircraft, $5,102,685,000.
For missiles, $1,017,483,000.
For weapons and tracked combat vehicles, $1,471,438,000.
For ammunition, $1,031,477,000.
For other procurement, $4,893,634,000.
Navy and Marine Corps
Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Navy and Marine Corps as follows:
For aircraft, $13,074,317,000.
For weapons, including missiles and torpedoes, $3,217,945,000.
For shipbuilding and conversion, $14,400,625,000.
For other procurement, $5,975,828,000.
For procurement, Marine Corps , $983,352,000.
For ammunition procurement, Navy and Marine Corps , $771,945,000.
Air Force
Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Air Force as follows:
For aircraft, $11,542,571,000.
For ammunition, $677,400,000.
For missiles, $4,690,506,000.
For other procurement, $16,566,018,000.
Defense-wide activities
Funds are hereby authorized to be appropriated for fiscal year 2015 for Defense-wide procurement in the amount of $4,221,437,000.
Joint Improvised Explosive Device Defeat Fund
Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Improvised Explosive Device Defeat Fund in the amount of $115,058,000.
Defense Production Act purchases
Funds are hereby authorized to be appropriated for fiscal year 2015 for purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $21,638,000.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Authorization of Appropriations
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Department of Defense for research, development, test, and evaluation as follows:
For the Army, $6,593,898,000.
For the Navy, $16,266,335,000.
For the Air Force, $23,739,892,000.
For Defense-wide activities, $16,766,084,000.
For the Director of Operational Test and Evaluation, $167,738,000.
Program Requirements, Restrictions, and Limitations
Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) defense education program
Subparagraph (B) of section 2192a(c)(1) of title 10, United States Code, is amended by striking in the Department of Defense
and all that follows through the period at the end and inserting
for the period of obligated service determined under paragraph (2)—
with the Department of Defense; or
with a public or private sector entity or organization outside the Department of Defense if the Secretary of Defense determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department of Defense.
.
Modification to the requirement for contractor cost-sharing in the pilot program to include technology protection features during research and development of certain defense systems
Section 243(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111–383;
10 U.S.C. 2358
note) is amended by striking at least one half of the cost of such activities
and inserting an appropriate share of the cost of such activities, as determined by the Secretary
.
OPERATION AND MAINTENANCE
Authorization of Appropriations
Operation and maintenance funding
Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
For the Army, $33,240,148,000.
For the Navy, $39,316,857,000.
For the Marine Corps , $5,909,487,000.
For the Air Force, $35,331,193,000.
For Defense-wide activities, $31,198,232,000.
For the Army Reserve , $2,490,569,000.
For the Navy Reserve , $1,007,100,000.
For the Marine Corps Reserve, $268,582,000.
For the Air Force Reserve , $3,015,842,000.
For the Army National Guard, $6,030,773,000.
For the Air National Guard, $6,392,859,000.
For the United States Court of Appeals for the Armed Forces , $13,723,000.
For the Department of Defense Acquisition Workforce Development Fund, $212,875,000.
For Environmental Restoration, Army, $201,560,000.
For Environmental Restoration, Navy, $277,294,000.
For Environmental Restoration, Air Force, $408,716,000.
For Environmental Restoration, Defense-wide, $8,547,000.
For Environmental Restoration, Formerly Used Defense Sites, $208,353,000.
For Overseas Humanitarian, Disaster, and Civic Aid programs, $100,000,000.
For Cooperative Threat Reduction programs, $365,108,000.
For Overseas Contingency Operations Transfer Fund, $5,000,000.
For Support for International Sporting Competitions, Defense, $10,000,000.
Program Matters
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
Eligible categories of transportation
Subsection (a) of section 2642 of title 10, United States Code, is amended—
in the matter preceding paragraph (1), by striking The Secretary
and inserting Subject to subsection (b), the Secretary
;
in paragraph (3)—
by striking During the period beginning on October 28, 2009, and ending on October 28, 2019, for
and inserting For
;
by striking of Defense
the first place it appears and all that follows through military sales
and inserting of Defense
; and
by striking , but only if
and all that follows through commercial transportation industry
; and
by adding at the end the following new paragraphs:
For military transportation services provided in support of foreign military sales.
For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies).
For military transportation services provided to a Department of Defense contractor when transporting supplies that are for, or destined for, a Department of Defense entity.
.
Termination of authority for certain categories of transportation
Such section is further amended—
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following new subsection (b):
Termination of authority for certain categories of transportation
The provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military transportation services provided before October 1, 2019.
.
Clerical amendments
Section heading
The heading of such section is amended to read as follows:
Transportation services provided to certain non-Department of Defense agencies and entities: Use of Department of Defense reimbursement rate
.
Table of sections
The item relating to such section in the table of sections at the beginning of chapter 157 of such title is amended to read as follows:
2642. Transportation services provided to certain non-Department of Defense agencies and entities: Use of Department of Defense reimbursement rate.
.
Repeal of authority relating to use of military installations by civil reserve air fleet contractors
Repeal
Section 9513 of title 10, United States Code, is repealed.
Clerical amendment
The table of sections at the beginning of chapter 931 of such title is amended by striking the item relating to section 9513.
Repeal of annual report on Department of Defense operation and financial support for military museums
In general
Section 489 of title 10, United States Code, is repealed.
Clerical amendment
The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 489.
Memorial to the victims of the shooting attack at the Washington Navy Yard
Memorial authorized
The Secretary of the Navy may establish, maintain, and repair a memorial dedicated to the victims of the shooting attack at the Washington Navy Yard, Washington, DC, that occurred on September 16, 2013.
Location
The memorial shall become part of the Washington Navy Yard.
Additional funding
Establishment of account
An account shall be established on the books of the Treasury for the purpose of managing contributions received pursuant to paragraph (2).
Acceptance of contributions
The Secretary of the Navy may establish procedures under which the Secretary may solicit and accept monetary contributions or gifts of property for the purpose of the activities described in subsection (a) without regard to limitations contained in section 2601 of title 10, United States Code.
Deposit of contributions
The Secretary of the Navy shall deposit monetary contributions accepted under paragraph (2) in the account established under paragraph (1). The funds in the account established under paragraph (1) shall be available until expended without further appropriation, but only for the purposes described in subsection (a).
Environmental restoration at former Naval Air Station, Chincoteague, Virginia
Environmental restoration project
Notwithstanding the administrative jurisdiction of the Administrator of the National Aeronautics and Space Administration over the Wallops Flight Facility, Virginia, the Secretary of Defense may undertake an environmental restoration project in a manner consistent with chapter 160 of title 10, United States Code, at the property constituting that facility in order to provide necessary response actions for contamination from a release of a hazardous substance or a pollutant or contaminant that is solely attributable to the activities of the Department of Defense at the time the property was under the administrative jurisdiction of the Secretary of the Navy or used by the Navy pursuant to a permit or license issued by the National Aeronautics and Space Administration in the area formerly known as the Naval Air Station, Chincoteague, Virginia. Any such project may be undertaken jointly or in conjunction with an environmental restoration project of the Administrator.
Interagency agreement
The Secretary and the Administrator may enter into an agreement or agreements to provide for the effective and efficient performance of environmental restoration projects for purposes of subsection (a). Notwithstanding section 2215 of title 10, United States Code, any such agreement may provide for environmental restoration projects conducted jointly or by one agency on behalf of the other or both agencies and for reimbursement of the agency conducting the project by the other agency for that portion of the project for which the reimbursing agency has authority to respond.
Source of Department of Defense funds
Pursuant to section 2703(c) of title 10, United States Code, the Secretary may use funds available in the Environmental Restoration, Formerly Used Defense Sites, account of the Department of Defense for environmental restoration projects conducted for or by the Secretary under subsection (a) and for reimbursable agreements entered into under subsection (b).
MILITARY PERSONNEL AUTHORIZATIONS
Active Forces
End strengths for active forces
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2015, as follows:
The Army, 490,000.
The Navy, 323,600.
The Marine Corps, 184,100.
The Air Force, 310,900.
Reserve Forces
End strengths for selected reserve
In general
The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2015, as follows:
The Army National Guard of the United States, 350,200.
The Army Reserve, 202,000.
The Navy Reserve, 57,300.
The Marine Corps Reserve, 39,200.
The Air National Guard of the United States, 105,000.
The Air Force Reserve, 67,100.
The Coast Guard Reserve, 9,000.
End strength reductions
The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
End strength increases
Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
End strengths for reserves on active duty in support of the reserves
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2015, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
The Army National Guard of the United States, 31,385.
The Army Reserve, 16,261.
The Navy Reserve, 9,973.
The Marine Corps Reserve, 2,261.
The Air National Guard of the United States, 14,704.
The Air Force Reserve, 2,830.
End strengths for military technicians (dual status)
The minimum number of military technicians (dual status) as of the last day of fiscal year 2015 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
For the Army National Guard of the United States, 27,210.
For the Army Reserve, 7,895.
For the Air National Guard of the United States, 21,792.
For the Air Force Reserve, 9,789.
Fiscal year 2015 limitation on number of non-dual status technicians
Limitations
National guard
Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2015, may not exceed the following:
For the Army National Guard of the United States, 1,600.
For the Air National Guard of the United States, 350.
Army reserve
The number of non-dual status technicians employed by the Army Reserve as of September 30, 2015, may not exceed the number in effect for the Army Reserve under section 10217(c)(1) of title 10, United States Code.
Air force reserve
The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2015, may not exceed 90.
Non-Dual status technicians defined
In this section, the term non-dual status technician
has the meaning given that term in
section 10217(a) of title 10, United States Code.
Maximum number of reserve personnel authorized to be on active duty for operational support
During fiscal year 2015, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
The Army National Guard of the United States, 17,000.
The Army Reserve, 13,000.
The Navy Reserve, 6,200.
The Marine Corps Reserve, 3,000.
The Air National Guard of the United States, 16,000.
The Air Force Reserve, 14,000.
Management of military technicians
Designation of non-Dual status technician positions
Subsection (a) of section 10217 of title 10, United States Code, is amended—
in paragraph (1), by striking a technician
and inserting an employee of the Department of Defense
;
by striking or
at the end of paragraph (2);
by striking the period at the end of paragraph (3) and inserting ; or
; and
by adding at the end the following new paragraph:
is serving in the Army Reserve in a position designated by the Secretary of the Army to be filled by a non-dual status technician.
.
Revised limitation on number of army reserve technicians
Subsection (c)(1) of such section is amended—
by inserting (A)
after (1)
;
by designating the second sentence as subparagraph (C);
by inserting after subparagraph (A), as designated by paragraph (1), the following new subparagraph:
The total number of non-dual status technicians employed by the Army Reserve may not exceed 60 percent of the total number of military technicians employed by the Army Reserve.
; and
in subparagraph (C), as designated by paragraph (2), by striking the preceding sentence
and inserting subparagraph (A) or subparagraph (B), as the case may be
.
Loss of status as a military technician (Dual Status)
Section 10218(a)(3) of such title is amended—
in subparagraph (A)(ii)—
by inserting military
after not a
; and
by inserting (dual status)
after technician
; and
in subparagraph (B), by inserting in a position designated for military technician (dual status)
after non-dual status technician
.
Authorization of Appropriations
Military personnel
Authorization of appropriations
There is hereby authorized to be appropriated for military personnel for fiscal year 2015 a total of $128,957,593,000.
Construction of authorization
The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2015.
MILITARY PERSONNEL POLICY
Officer Personnel Policy Generally
Repeal of requirement for submission to Congress of annual reports on joint officer management and promotion policy objectives for joint officers
Repeal of annual reports
Joint officer management
Section 667 of title 10, United States Code, is repealed.
Promotion policy objectives for joint officers
Section 662 of such title is amended—
by striking (a) Qualifications.—
; and
by striking subsection (b).
Clerical amendment
The table of sections at the beginning of chapter 38 of such title is amended by striking the item relating to section 667.
Authority to limit consideration for early retirement by selective retirement boards to particular warrant officer year groups and specialties
Section 581(d) of title 10, United States Code, is amended—
by redesignating paragraph (2) as paragraph (3);
by designating the second sentence of paragraph (1) as paragraph (2); and
in paragraph (2), as so designated—
by striking the list shall include each
and inserting
the list shall include—
the name of each
;
by striking the period at the end and inserting ; or
; and
by adding at the end the following new subparagraph:
with respect to a group of warrant officers designated under subparagraph (A) who are in a particular grade and competitive category, only those warrant officers in that grade and competitive category who are also in a particular year group or specialty, or any combination thereof determined by the Secretary.
.
Authority for three-month deferral of retirement for officers selected for selective early retirement
Warrant officers
Section 581(e) of title 10, United States Code, is amended—
by striking 90 days
and inserting three months
; and
by inserting after the first sentence the following new sentence: An officer recommended for early retirement under this section, if approved for deferral, shall be
retired on the date requested by the officer, and approved by the
Secretary concerned, which date shall be not later than the first day of
the tenth calendar month beginning after the month in which the Secretary
concerned approves the report of the board which recommended the officer
for early retirement.
.
Officers on the active-Duty list
Section 638(b) of such title is amended—
in paragraph (1), by inserting before the period at the end of subparagraph (B) the following: , with such retirement under that section to be not later than the first day of the month beginning
after the month in which the officer becomes qualified for retirement
under that section, or on the first day of the seventh calendar month
beginning after the month in which the Secretary concerned approves the
report of the board which recommended the officer for early retirement,
whichever is later
; and
in paragraph (3)—
by striking 90 days
and inserting three months
; and
by inserting after the first sentence the following new sentences: An officer recommended for early retirement under subparagraph (b)(1)(A) or under section 638a of
this title, if approved for deferral, shall be retired on the date
requested by the officer, and approved by the Secretary concerned, which
date shall be not later than the first day of the tenth calendar month
beginning after the month in which the Secretary concerned approves the
report of the board which recommended the officer for early retirement.
The Secretary concerned may defer the retirement of an officer otherwise
approved for early retirement under subparagraph (b)(1)(B), but in no case
later than the first day of the tenth calendar month beginning after the
month in which the Secretary concerned approves the report of the board
which recommended the officer for early retirement. An officer recommended
for early retirement under subparagraph (b)(2), if approved for deferral,
shall be retired on the date requested by the officer, and approved by the
Secretary concerned, which date shall be not later than the first day of
the thirteenth calendar month beginning after the month in which the
Secretary concerned approves the report of the board which recommended the
officer for early retirement.
.
Reserve Component Management
Repeal of requirement for membership in specific unit of the Selected Reserve as a condition of employment as a military technician (dual status)
Repeal of unit membership requirement
Section 10216 of title 10, United States Code, is amended by striking subsection (d).
Conforming amendment
Subsection (g) of such section is amended by striking subsection (d) of this section or
.
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
Retention of certain first lieutenants and lieutenants (Junior grade) following nonselection for promotion
Subsection (a)(1) of section 14701 of title 10, United States Code, is amended—
by inserting (A)
after (1)
;
by striking A reserve office of
and inserting A reserve officer of the Army, Navy, Air Force, or Marine Corps described in subparagraph (B) who
is required to be removed from the reserve active-status list under
section 14504 of this title, or a reserve officer of
;
by inserting a comma after
14507 of this title
; and
by adding at the end the following new subparagraph:
A reserve officer described in this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), who—
is a health professions officer; or
is actively pursuing an undergraduate program of education leading to a baccalaureate degree.
.
Retention of health professions officers
Such section is further amended—
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following new subsection (b):
Continuation of health professions officers
Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under section 16201 of this title who is required to be removed from the reserve active-status list under section 14504, 14505, 14506, or 14507 of this title and who has not completed a service obligation incurred under section 16201 shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, unless sooner retired or discharged under another provision of law.
The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the service obligation of that officer is not in the best interest of the service.
A health professions officer who is continued on the reserve active-status list under this subsection who is subsequently promoted or whose name is on a list of officers recommended for promotion to the next higher grade is not required to be discharged or retired upon completion of the officer’s service obligation. Such officer may continue on the reserve active-status list as other officers of the same grade unless separated under another provision of law.
.
Member Education and Training
Inter-European Air Forces Academy
In general
Chapter 907 of title 10, United States Code, is amended by inserting after section 9415 the following new section:
Inter-European Air Forces Academy
Operation
The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-European Air Forces Academy for the purpose of providing military education and training to military personnel of countries that are members of the North Atlantic Treaty Organization or signatories to the Partnership for Peace Framework Documents, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2347 et seq.).
Eligible countries
No foreign force may be trained under the authority of this section without the concurrence of the Secretary of State.
The Secretary of the Air Force may not use the authority in subsection (a) to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.
Costs
The costs of operating and maintaining the Inter-European Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force.
Supplies and clothing
The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this chapter—
transportation incident to the training;
supplies and equipment to be used during the training; and
billeting, food, and health services.
Living allowance
The Secretary of the Air Force may pay to a person receiving training under this chapter a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances.
Maintenance
The Secretary of the Air Force may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this chapter.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9415 the following new item:
9416. Inter-European Air Forces Academy.
.
Authority for Joint Special Operations University to award degrees
In general
Chapter 108 of title 10, United States Code, is amended by inserting after section 2163 the following new section:
Degree granting authority for Joint Special Operations University
Authority
Under regulations prescribed by the Secretary of Defense, the President of the Joint Special Operations University may, upon the recommendation of the faculty of the Joint Special Operations University, confer appropriate degrees upon graduates who meet the degree requirements.
Limitation
A degree may not be conferred under this section unless—
the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
the Joint Special Operations University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2163 the following new item:
2163a. Degree granting authority for Joint Special Operations University.
.
Duration of foreign and cultural exchange activities at military service academies
Military academy
Section 4345a(a) of title 10, United States Code, is amended by striking two weeks
and inserting four weeks
.
Naval academy
Section 6957b(a) of such title is amended by striking two weeks
and inserting four weeks
.
Air force academy
Section 9345a(a) of such title is amended by striking two weeks
and inserting four weeks
.
Defense Dependents’ Education and Military Family Readiness Matters
Earlier determination of dependent status with respect to transitional compensation for dependents of members separated for dependent abuse
Subsection (d)(4) of section 1059 of title 10, United States Code, is amended by striking as of the date on which the individual described in subsection (b) is separated from active duty
and inserting as of the date on which the separation action is initiated by a commander of the individual
described in subsection (b)
.
Authority to employ non-United States citizens as teachers in Department of Defense overseas dependents’ school system
Section 2(2)(A) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20
U.S.C. 901(2)(A)) is amended by inserting or a local national who teaches a host nation language course
after who is a citizen of the United States
.
Expansion of the function of the Advisory Council on Dependents’ Education to include the domestic dependent elementary and secondary schools
Expansion of functions
Subsection (c) of section 1411 of the Defense Dependents’ Education Act of 1978 ( 20 U.S.C. 929 ) is amended—
in paragraph (1), by inserting , and of the domestic dependent elementary and secondary school system established under section
2164 of title 10, United States Code,
after of the defense dependents’ education system
; and
in paragraph (2), by inserting and in the domestic dependent elementary and secondary school system
before the comma at the end.
Membership of council
Subsection (a)(1)(B) of such section is amended—
by inserting and the domestic dependent elementary and secondary schools established under section 2164 of title
10, United States Code
after the defense dependents’ education system
; and
by inserting either
before such system
.
Other Matters
Procedures for judicial review of military personnel decisions relating to correction of military records
Availability of judicial review; limitations
In general
Chapter 79 of title 10, United States Code, is amended by adding at the end the following new section:
Judicial review of decisions relating to correction of military records
Availability of judicial review
In general
Pursuant to sections 1346 and 1491 of title 28 and chapter 7 of title 5, any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter.
Records correction final decision defined
In this section, the term records correction final decision
means any of the following decisions:
A final decision issued by the Secretary concerned pursuant to section 1552 of this title.
A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(g) of this title.
A final decision issued by the Secretary of Defense pursuant to section 1034(h) of this title.
A final decision issued by the Secretary concerned pursuant to section 1554a of this title.
Exhaustion of administrative remedies
General rule
Except as provided in paragraphs (3) and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless—
the petitioner has requested a correction under sections 1552 or 1554a of this title (including such a request in a matter arising under section 1034 of this title); and
the Secretary concerned has rendered a final decision denying that correction in whole or in part.
Whistleblower cases
When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(h) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the earlier of the following occurs:
The Secretary of Defense makes a decision in the matter.
The period specified in section 1034(h) of this title for the Secretary to make a decision in the matter expires.
Class actions
If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified.
Timeliness
Paragraph (1) shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction.
Statutes of limitation
Six years from final decision
A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision.
Six years for certain claims that may result in payment of money
In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision.
Subparagraph (A) applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money either under a court order or under a subsequent administrative determination, other than payments made under—
chapter 61 of this title to a claimant who prior to such records correction final decision, was not the subject of a decision by a physical evaluation board or by any other board authorized to grant disability payments to the claimant; or
Habeas corpus
This section does not affect any cause of action arising under chapter 153 of title 28.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
1560. Judicial review of decisions.
.
Effect of denial of request for correction of records when prohibited personnel action alleged
Notice of denial; procedures for judicial review
Subsection (g) of section 1034 of such title is amended by adding at the end the following new paragraph:
In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member—
a concise written statement of the basis for the decision; and
a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.
.
Secretary of defense review; notice of denial
Subsection (h) of such section is amended—
by inserting (1)
before Upon the completion of all
; and
by adding at the end the following new paragraph:
The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member—
a concise written statement of the basis for the decision; and
a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.
.
Sole basis for judicial review
Such section is further amended—
by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and
by inserting after subsection (h) the following new subsection (i):
Judicial review
A decision of the Secretary of Defense under subsection (h) shall be subject to judicial review only as provided in section 1560 of this title.
In a case in which review by the Secretary of Defense under subsection (h) was not sought, a decision of the Secretary of a military department under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.
A decision by the Secretary of Homeland Security under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.
.
Effect of denial of other requests for correction of military records
Section 1552 of such title is amended by adding at the end the following new subsections:
In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant—
a concise written statement of the basis for the decision; and
a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.
A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.
.
Judicial review of corrections recommended by the physical disability board of review
Section 1554a of such title is amended—
by redesignating subsection (f) as subsection (h); and
by inserting after subsection (e) the following new subsections (f) and (g):
Record of decision and notification
In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary shall provide to the member or former member—
a concise written statement of the basis for the decision; and
a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.
Judicial review
A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.
.
Effective date and application
In general
The amendments made by this section shall take effect on January 1, 2016, and shall apply to all final decisions of the Secretary of Defense under section 1034(h) of title 10, United States Code, and of the Secretary of a military department and the Secretary of Homeland Security under sections 1034(g), 1552, or 1554a of such title rendered on or after such date.
Treatment of existing cases
This section and the amendments made by this section do not affect the authority of any court to exercise jurisdiction over any case that was properly before the court before the effective date specified in paragraph (1).
Implementation
The Secretary of a military department and the Secretary of Homeland Security (in the case of the Coast Guard when it is not operating as a service in the Department of the Navy) may prescribe regulations, and interim guidance before prescribing such regulations, to implement the amendments made by this section. Regulations or interim guidance prescribed by the Secretary of a military department may not take effect until approved by the Secretary of Defense.
Enforcement of rights under chapter 43 of title 38, United States Code, with respect to a State or private employer
Action for relief
Initiation of actions
Paragraph (1) of subsection (a) of section 4323 of title 38, United States Code, is amended by
striking the third sentence and inserting the following new sentences: If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is
referred is entitled to the rights or benefits sought, the Attorney
General may commence an action for relief under this chapter. The person
on whose behalf the complaint is referred may, upon timely application,
intervene in such action and may obtain such appropriate relief as
provided in subsections (d) and (e).
.
Attorney general notice to servicemember of decision
Paragraph (2) of such subsection is amended to read as follows:
Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted—
if the Attorney General has made a decision about whether the United States will commence an action for relief under paragraph (1) relating to the complaint of the person, notice of the decision; and
if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision.
If the Attorney General notifies a person of when the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision.
.
Pattern or practice cases
Such subsection is further amended—
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) (as amended by paragraph (2) of this subsection) the following new paragraph (3):
Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights or benefits secured by this chapter, the Attorney General may commence a action under this chapter.
.
Actions by private persons
Subparagraph (C) of paragraph (4) of such subsection, as redesignated by paragraph (3)(A), is
amended by striking refused
and all that follows and inserting notified by the Department of Justice that the Attorney General does not intend to bring a civil
action.
.
Sovereign immunity
Paragraph (2) of subsection (b) of section 4323 of such title is amended to read as follows:
In the case of an action against a State (as an employer), any instrumentality of a State, or any officer or employee of a State or instrumentality of a State acting in that officer or employee’s official capacity, by any person, the action may be brought in the appropriate district court of the United States or in a State court of competent jurisdiction, and the State, instrumentality of the State, or officer or employee of the State or instrumentality acting in that officer or employee’s official capacity shall not be immune under the Eleventh Amendment of the Constitution, or under any other doctrine of sovereign immunity, from such action.
No State, instrumentality of such State, or officer or employee of such State or instrumentality of such State, acting in that officer or employee’s official capacity, that receives or uses Federal financial assistance for a program or activity shall be immune, under the Eleventh Amendment of the Constitution or under any other doctrine of sovereign immunity, from suit in Federal or State court by any person for any violation under this chapter related to such program or activity.
In an action against a State brought pursuant to subsection (a), a court may award the remedies (including remedies both at law and in equity) that are available under subsections (d) and (e).
.
Venue for cases against private employers
Subsection (c)(2) of such section is amended by striking United States district court for any district in which the private employer of the person maintains
a place of business.
and inserting
United States district court for—
any district in which the employer maintains a place of business;
any district in which a substantial part of the events or omissions giving rise to the claim occurred; or
if there is no district in which an action may otherwise be brought as provided in subparagraph (A) or (B), any district in which the employer is subject to the court’s personal jurisdiction with respect to such action.
.
Compensatory and punitive damages
Subsection (d)(1) of such section is amended by striking subparagraph (C) and inserting the following new subparagraphs:
The court may require the employer to pay the person compensatory damages suffered by reason of such employer’s failure to comply with the provisions of this chapter.
The court may require the employer (other than a government, government agency, or political subdivision) to pay the person punitive damages if the court determines that the employer failed to comply with the provisions of this chapter with reckless indifference to the federally protected rights of the person.
The sum of the amount of compensatory damages awarded under this section and the amount of punitive damages awarded under this section, may not exceed, for each person the following:
In the case of an employer who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000.
In the case of an employer who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000.
In the case of an employer who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000.
In the case of an employer who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000.
.
Standing
Subsection (f) of such section is amended—
by inserting by the United States or
after may be initiated only
; and
by striking or by the United States under subsection (a)(1)
.
Attorney fees and other litigation expenses
Subsection (h)(2) of such section is amended striking subsection (a)(2)
and inserting subsection (a)(1) or subsection (a)(4)
.
Pension contribution calculations
Subsection (b) of section 4318 of such title is amended—
in paragraph (3)(B), by striking on the basis of
and all the follows and inserting on the basis specified in paragraph (4).
; and
by adding at the end the following new paragraph:
The basis for a computation under paragraph (3) to which subparagraph (B) of that paragraph applies is as follows:
If the period of service described in subsection (a)(2)(B) is one year or less, the computation shall be made on the basis of the employee’s average rate of compensation during the 12-month period immediately preceding such period or, if shorter, the period of employment immediately preceding such period.
If the period of such service is more than one year, the computation shall be made on the basis of the average rate of compensation during such period of service of employees of that employer who are similarly situated to the servicemember in terms of having similar seniority, status, and pay.
.
Disability discovered after employee resumes employment
Subsection (a)(3) of section 4313 of such title is amended by inserting including a disability that is brought to the employer’s attention within five years after the
person resumes employment,
after during, such service,
.
Burden of identifying proper reemployment positions
Section 4313 of such title is further amended by adding at the end the following new subsection:
For purposes of this section, the employer shall have the burden of identifying the appropriate reemployment positions.
.
Civil investigative demands
Section 4323 of such title is further amended by adding at the end the following new subsection:
Issuance and service of civil investigative demands by attorney general
Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this chapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and cause to be served upon such person, a civil investigative demand requiring—
the production of such documentary material for inspection and copying;
that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or
the production of any combination of such documentary material or answers.
The provisions governing the authority to issue, use, and enforce civil investigative demands under
section 3733 of title 31 (known as the
False Claims Act
) shall govern the authority to issue, use, and enforce civil investigative demands under paragraph
(1), except that for purposes of that paragraph—
a reference in that section to false claims law investigators or investigations shall be applied as referring to investigators or investigations under this chapter;
a reference to interrogatories shall be applied as referring to written questions, and answers to such need not be under oath;
the statutory definitions for purposes of that section relating to false claims law
shall not apply; and
provisions of that section relating to qui tam relators shall not apply.
.
COMPENSATION AND OTHER PERSONNEL BENEFITS
Bonuses and Special and Incentive Pays
One-year extension of certain expiring bonus and special pay authorities
Authorities relating to reserve forces
The following sections of title 37, United States Code, are amended by striking December 31, 2014
and inserting December 31, 2015
:
Section 308b(g), relating to Selected Reserve reenlistment bonus.
Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.
Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.
Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.
Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.
Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.
Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.
Title 10 authorities relating to health care professionals
The following sections of title 10, United States Code, are amended by striking December 31, 2014
and inserting December 31, 2015
:
Section 2130a(a)(1), relating to nurse officer candidate accession program.
Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
Title 37 authorities relating to health care professionals
The following sections of title 37, United States Code, are amended by striking December 31, 2014
and inserting December 31, 2015
:
Section 302c–1(f), relating to accession and retention bonuses for psychologists.
Section 302d(a)(1), relating to accession bonus for registered nurses.
Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.
Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.
Section 302h(a)(1), relating to accession bonus for dental officers.
Section 302j(a), relating to accession bonus for pharmacy officers.
Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.
Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.
Authorities relating to nuclear officers
The following sections of title 37, United States Code, are amended by striking December 31, 2014
and inserting December 31, 2015
:
Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.
Section 312b(c), relating to nuclear career accession bonus.
Section 312c(d), relating to nuclear career annual incentive bonus.
Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities
The following sections of title 37, United States Code, are amended by striking December 31, 2014
and inserting December 31, 2015
:
Section 331(h), relating to general bonus authority for enlisted members.
Section 332(g), relating to general bonus authority for officers.
Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.
Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
Section 335(k), relating to bonus and incentive pay authorities for officers in health professions.
Section 351(h), relating to hazardous duty pay.
Section 352(g), relating to assignment pay or special duty pay.
Section 353(i), relating to skill incentive pay or proficiency bonus.
Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
Other title 37 bonus and special pay authorities
The following sections of title 37, United States Code, are amended by striking December 31, 2014
and inserting December 31, 2015
:
Section 301b(a), relating to aviation officer retention bonus.
Section 307a(g), relating to assignment incentive pay.
Section 308(g), relating to reenlistment bonus for active members.
Section 309(e), relating to enlistment bonus.
Section 324(g), relating to accession bonus for new officers in critical skills.
Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.
Section 327(h), relating to incentive bonus for transfer between the Armed Forces.
Section 330(f), relating to accession bonus for officer candidates.
Section 403(b)(7)(E), relating to basic allowance for housing.
Travel and Transportation Allowances
Authority to require employees of the Department of Defense and members of the Army, Navy, Air Force, and Marine Corps to occupy quarters on a rental basis while performing official travel
Authority
Subsection (e) of section 5911 of title 5, United States Code, is amended—
by striking The head
and inserting (1) Except as provided in paragraph (2), the head
; and
by adding at the end the following new paragraph:
The Secretary of Defense may require an employee of the Department of Defense or a member of the uniformed services under the Secretary’s jurisdiction performing duty on official travel to occupy adequate quarters on a rental basis when available.
A requirement under subparagraph (A) with respect to an employee of the Department of Defense may not be construed to be subject to negotiation under chapter 71 of this title.
.
Definition of quarters
Subsection (a)(5) of such section is amended by inserting or commercial lodging arranged through a Government lodging program
after leased by the Government
.
Single standard mileage reimbursement rate for privately owned automobiles of Government employees and members of the uniformed services
Incorporation of IRS rate as single standard mileage rate applicable to automobiles
Section 5704(a)(1) of title 5, United States Code, is amended by striking established by the Administrator shall not exceed
in the last sentence and inserting shall be
.
Establishment of mileage reimbursement rates
Elimination of automobiles from periodic investigations of cost of travel
Paragraph (1)(A) of section 5707(b) of such title is amended—
by striking , in consultation with the Secretary of Transportation, the Secretary of Defense, and
representatives of organizations of employees of the Government,
; and
by striking vehicles to
and inserting airplanes and privately owned motorcycles by
.
Reimbursement rate for automobiles
Paragraph (2)(A)(i) of such section is amended by striking prescribe a mileage reimbursement rate which reflects the current costs as determined by the
Administrator of operating privately owned automobiles, and which shall
not exceed,
and inserting provide that the mileage reimbursement rate for privately owned automobiles,
.
HEALTHCARE PROVISIONS
Designation and responsibilities of senior medical advisor for Armed Forces Retirement Home
Designation of senior medical advisor
Subsection (a) of section 1513A of the Armed Forces Retirement Home Act of 1991 ( 24 U.S.C. 413a ) is amended—
in paragraph (1), by striking Deputy Director of the TRICARE Management Activity
and inserting Deputy Director of the Defense Health Agency
; and
in paragraph (2), by striking Deputy Director of the TRICARE Management Activity
both places it appears and inserting Deputy Director of the Defense Health Agency
.
Clarification of responsibilities and duties of senior medical advisor
Subsection (c)(2) of such section is amended by striking health care standards of the Department of Veterans Affairs
and inserting nationally recognized health care standards and requirements
.
Extension of authority for the joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund
Subsection (e) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010
(
Public Law 111–84
; 123 Stat. 2573) is amended by striking September 30, 2015
and inserting September 30, 2016
.
Elimination of inpatient day limits in provision of mental health services
Section 1079 of title 10, United States Code, is amended—
by striking paragraphs (6) and (7) of subsection (a); and
by striking subsection (i).
ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Acquisition Policy and Management
Three-year extension of authority for Joint Urgent Operational Needs Fund
Section 2216a(e) of title 10, United States Code, is amended by striking September 30, 2015
and inserting September 30, 2018
.
Amendments to General Contract Authorities, Procedures, and Limitations
Authority for defense contract audit agency to interview contractor employees in connection with examination of contractor records
Authority
Subsection (a)(1) of section 2313 of title 10, United States Code, is amended by inserting , interview employees,
after is authorized to inspect the plant
.
Applicability
The amendment made by subsection (a) shall apply with respect to contracts entered into after the effective date of a revision to the Federal Acquisition Regulation to implement the amendment.
Extension to United States transportation command of authorities relating to prohibition on contracting with the enemy
Section 831(i)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law
113–66; 127 Stat. 813) is amended by inserting United States Transportation Command,
after
United States Southern Command,
.
Recharacterization of changes to major automated information system programs
Addition to covered determination of a significant change
Subsection (c)(2) of section 2445c of title 10, United States Code, is amended—
by striking or
at the end of subparagraph (B);
by striking the period at the end of subparagraph (C) and inserting ; or
; and
by adding at the end the following new subparagraph:
the automated information system or information technology investment failed to achieve a full deployment decision within five years after the Milestone A decision for the program or, if there was no Milestone A decision, the date when the preferred alternative is selected for the program (excluding any time during which program activity is delayed as a result of a bid protest).
.
Removal of covered determination of a critical change
Subsection (d)(3) of such section is amended—
by striking subparagraph (A); and
by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively.
Extension of special emergency procurement authority
Section 1903(a) of title 41, United States Code, is amended—
by striking or
at the end of paragraph (1);
by striking the period at the end of paragraph (2) and inserting a semicolon; and
by adding at the end the following new paragraphs:
in support of a request from the Department of State or the United States Agency for International Development to facilitate the provision of humanitarian assistance, international disaster assistance, or other crisis-related assistance pursuant to the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.); or
in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).
.
Extension of contract authority for advanced component development or prototype units
Extension of termination
Subsection (b)(4) of section 819 of the National Defense Authorization Act for Fiscal Year 2010
(
Public Law 111–84
;
10 U.S.C. 2302
note) is amended by striking September 30, 2014
and inserting September 30, 2019
.
Extension of report requirement
Subsection (c) of such section is amended by striking March 30, 2013
and inserting March 30, 2018
.
DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities
Permanent authority
Section 431(a) of title 10, United States Code, is amended by striking the last sentence.
Period for required audits
Section 432(b)(2) of such title is amended by striking annually
in the first sentence and inserting biennially
.
Permanent authority relating to jurisdiction over Department of Defense facilities for intelligence collection or special operations activities abroad
Section 926 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1541) is amended by striking subsection (b).
One-year extension of authority to waive reimbursement of costs of activities for nongovernmental personnel at Department of Defense regional centers for security studies
Section 941(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 184 note) is amended—
in paragraph (1), by striking through 2014
and inserting through 2015
; and
by striking paragraphs (2) and (3).
GENERAL PROVISIONS
Financial Matters
Authority for use of amounts recovered for damage to Government property
Extension to personal property
The first sentence of
section 2782 of title 10, United States Code, is amended by striking real property
both places it appears and inserting Government property
.
Availability of recovered funds
The second sentence of such section is amended—
by striking In such amounts as are provided in advance in appropriation Acts, amounts
and inserting Amounts
;
by inserting merged with, and
before available for use
;
by inserting and for the same period
after same purposes
; and
by inserting a comma after circumstances as
.
Clerical amendments
Section heading
The heading of such section is amended by striking real
and inserting Government
.
Table of sections
The item relating to such section in the table of sections at the beginning of chapter 165 of such title is amended to read as follows:
2782. Damage to Government property; disposition of amounts recovered.
.
Naval Vessels and Shipyards
Elimination of requirement that a qualified aviator or naval flight officer be in command of an inactivated nuclear-powered aircraft carrier before decommissioning
Section 5942(a) of title 10, United States Code, is amended—
by inserting (1)
after (a)
; and
by adding at the end the following new paragraph:
Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that has been inactivated for the purpose of permanent decommissioning and disposal.
.
Ensuring operational readiness of littoral combat ships on extended deployments
Authority
Subsection (a) of section 7310 of title 10, United States Code, is amended—
by inserting
Under the Jurisdiction of the Secretary of the Navy
in the subsection heading after
Vessels
;
by striking A naval vessel
and inserting (1) Except as provided in paragraph (2), a naval vessel
; and
by adding at the end the following new paragraph:
Subject to subparagraph (B), in the case of a naval vessel that is classified as a Littoral Combat Ship and that is operating on deployment, corrective and preventive maintenance or repair (whether intermediate or depot level) and facilities maintenance may be performed on the vessel—
in a foreign shipyard;
at a facility outside of a foreign shipyard; or
at any other facility convenient to the vessel.
Corrective and preventive maintenance or repair may be performed on a vessel as described in subparagraph (A) only if the work is performed by United States Government personnel or United States contractor personnel.
Facilities maintenance may be performed by a foreign contractor on a vessel as described in subparagraph (A) only as approved by the Secretary of the Navy.
.
Definitions
Such section is further amended by adding at the end the following new subsection:
Definitions
In this section:
The term corrective and preventive maintenance or repair
means—
maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and
scheduled maintenance or repair actions intended to prevent or discover functional failures, including scheduled periodic maintenance requirements and integrated class maintenance plan tasks that are time-directed maintenance actions.
The term facilities maintenance
means—
preservation or corrosion control efforts, encompassing surface preparation and preservation of the structural facility to minimize effects of corrosion; and
cleaning services, encompassing—
light surface cleaning of ship structures and compartments; and
deep cleaning of bilges to remove dirt, oily waste, and other foreign matter.
.
Clerical amendments
Section heading
The heading of such section is amended to read as follows:
Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions
.
Table of sections
The table of sections at the beginning of chapter 633 of such title is amended by striking the item relating to section 7310 and inserting the following:
7310. Overhaul, repair, and maintenance of vessels in foreign shipyards and facilities: restrictions; exceptions.
.
Authority for limited coastwise trade for certain vessels providing transportation services under a shipbuilding or ship repair contract with the Secretary of the Navy
In general
Chapter 645 of title 10, United States Code, is amended by adding at the end the following new section:
Limited coastwise trade
Definition
In his section, the term contractor-owned vessel
means a dry dock, a tugboat, or a towing vessel that—
was built in the United States;
is owned or operated by an individual or entity that—
is under contract with the Navy to construct, maintain, or repair a vessel of the Navy; and
in conjunction with such contract, is operating under a special security agreement with the Secretary of Defense;
is used, pursuant to such contract, to construct, maintain, or repair a vessel of the Navy; and
is manned by United States citizens.
In general
A contractor-owned vessel may, at the direction of the Secretary of the Navy, engage in coastwise trade for the exclusive purpose of performing a contract with the Navy to construct, maintain, or repair a vessel of the Navy, and any law pertaining to coastwise trade shall not apply to such vessel, the owner or operator of such vessel, or the operation of such vessel.
Notice
The Secretary of the Navy shall provide notice to the Secretary of Homeland Security if a contractor-owned vessel is authorized, pursuant to this section, to engage in coastwise trade.
Limitation
An authorization to engage in coastwise trade pursuant to this section shall be non-transferrable and shall expire—
on the date of the sale of the contractor-owned vessel;
on the date of that the contract with the Navy to construct, maintain, or repair a vessel of the Navy expires or that the Secretary of the Navy terminates such contract; or
in the event that the Secretary of Defense terminates the special security agreement with the contractor that owns the vessel.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
7525. Limited coastwise trade.
.
Sexual Assault Prevention and Response Related Reforms
Repeal of outdated requirement to develop comprehensive management plan to address deficiencies in the data captured in the defense incident-based reporting system
Section 543(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1562 note) is amended—
by striking paragraph (1); and
by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively.
Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings
Section 586 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1435; 10 U.S.C. 1561 note) is amended by adding at the end the following new subsection:
Return of personal property upon completion of related proceedings
Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the Armed Forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident.
.
Other Matters
Technical and clerical amendments
Amendment to national defense authorization act for fiscal year 2013
Effective as of January 2, 2013, and as if included therein as enacted,
section 604(b)(1) of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 126 Stat. 1774) is amended by striking the National Defense Authorization Act for Fiscal Year 2013
and inserting this Act
.
Amendments to title 10, United States Code, To reflect enactment of title 41, united states code
Title 10, United States Code, is amended as follows:
Section 2013(a)(1) is amended by striking section 6101(b)–(d) of title 41
and inserting
section 6101 of title 41
.
Section 2302 is amended—
in paragraph (7), by striking section 4 of such Act
and inserting such section
; and
in paragraph (9)(A)—
by striking section 26 of the Office of Federal Procurement Policy Act (
41 U.S.C. 422
)
and inserting chapter 15 of title 41
; and
by striking such section
and inserting such chapter
.
Section 2306a(b)(3)(B) is amended by striking section 4(12)(C)(i) of the Office of Federal Procurement Policy Act (
41 U.S.C. 403(12)(C)(i)
)
and inserting
section 103(3)(A) of title 41
.
Section 2314 is amended by striking Sections 6101(b)–(d)
and inserting Sections 6101
.
Section 2321(f)(2) is amended by striking section 35(c) of the Office of Federal Procurement Policy Act (
41 U.S.C. 431(c)
)
and inserting
section 104 of title 41
.
Section 2359b(k)(4)(A) is amended by striking section 4 of the Office of Federal Procurement Policy Act (
41 U.S.C. 403
)
and inserting
section 110 of title 41
.
Section 2379 is amended—
in subsections (a)(1)(A), (b)(2)(A), and (c)(1)(B)(i), by striking section 4(12) of the Office of Federal Procurement Policy Act (
41 U.S.C. 403(12)
)
and inserting
section 103 of title 41
; and
in subsections (b) and (c)(1), by striking section 35(c) of the Office of Federal Procurement Policy Act (
41 U.S.C. 431(c)
)
and inserting
section 104 of title 41
.
Section 2410m(b)(1) is amended—
in subparagraph (A)(i), by striking section 7 of such Act
and inserting section 7104(a) of such title
; and
in subparagraph (B)(ii), by striking section 7 of the Contract Disputes Act of 1978
and inserting
section 7104(a) of title 41
.
Section 2533(a) is amended by striking such Act
in the matter preceding paragraph (1) and inserting chapter 83 of such tittle
.
Section 2533b is amended—
in subsection (h)—
in paragraph (1), by striking sections 34 and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431)
and inserting sections 1906 and 1907 of title 41
; and
in paragraph (2), by striking section 35(c) of the Office of Federal Procurement Policy Act (
41 U.S.C. 431(c)
)
and inserting
section 104 of title 41
; and
in subsection (m)—
in paragraph (2), by striking section 4 of the Office of Federal Procurement Policy Act (
41 U.S.C. 403
)
and inserting
section 105 of title 41
;
in paragraph (3), by striking section 4 of the Office of Federal Procurement Policy Act (
41 U.S.C. 403
)
and inserting
section 131 of title 41
; and
in paragraph (5), by striking section 35(c) of the Office of Federal Procurement Policy Act (
41 U.S.C. 431(c)
)
and inserting
section 104 of title 41
.
Section 2545(1) is amended by striking section 4(16) of the Office of Federal Procurement Policy Act (
41 U.S.C. 403(16)
)
and inserting
section 131 of title 41
.
Section 7312(f) is amended by striking Section 3709 of the Revised Statutes (
41 U.S.C. 5
)
and inserting
Section 6101 of title 41
.
Amendments to other defense-Related statutes To reflect enactment of title 41, united states code
The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ) is amended as follows:
Section 846(a) ( 10 U.S.C. 2534 note) is amended—
by striking the Buy American Act (
41 U.S.C. 10a et seq.)
and inserting
chapter 83 of title 41, United States Code
; and
by striking that Act
and inserting that chapter
.
Section 866 ( 10 U.S.C. 2302 note) is amended—
in subsection (b)(4)(A), by striking section 26 of the Office of Federal Procurement Policy Act (
41 U.S.C. 422
)
and inserting
chapter 15 of title 41, United States Code
; and
in subsection (e)(2)(A), by striking section 4(13) of the Office of Federal Procurement Policy Act (
41 U.S.C. 403(13)
)
and inserting
section 110 of title 41, United States Code
.
Section 893(f)(2) (
10 U.S.C. 2302
note) is amended by striking section 26 of the Office of Federal Procurement Policy Act (
41 U.S.C. 422
)
and inserting
chapter 15 of title 41, United States Code
.
The National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ) is amended as follows:
Section 805(c)(1) ( 10 U.S.C. 2330 note) is amended—
in subparagraph (A), by striking section 4(12)(E) of the Office of Federal Procurement Policy Act (
41 U.S.C. 403(12)(E)
)
and inserting
section 103(5) of title 41, United States Code
; and
in subparagraph (C)(i), by striking section 4(12)(F) of the Office of Federal Procurement Policy Act (
41 U.S.C. 403(12)(F)
)
and inserting
section 103(6) of title 41, United States Code
.
Section 821(b)(2) (
10 U.S.C. 2304
note) is amended by striking section 4(12) of the Office of Federal Procurement Policy Act (
41 U.S.C. 403(12)
)
and inserting
section 103 of title 41, United States Code
.
Section 847 ( 10 U.S.C. 1701 note) is amended—
in subsection (a)(5), by striking section 27(e) of the Office of Federal Procurement Policy Act (
41 U.S.C. 423(e)
)
and inserting
section 2105 of title 41, United States Code
;
in subsection (c)(1), by striking section 4(16) of the Office of Federal Procurement Policy Act
and inserting
section 131 of title 41, United States Code
; and
in subsection (d)(1), by striking section 27 of the Office of Federal Procurement Policy Act (
41 U.S.C. 423
)
and inserting
chapter 21 of title 41, United States Code
.
Section 862 ( 10 U.S.C. 2302 note) is amended—
in subsection (b)(1), by striking section 25 of the Office of Federal Procurement Policy Act (
41 U.S.C. 421
)
and inserting
section 1303 of title 41, United States Code
; and
in subsection (d)(1), by striking section 6(j) of the Office of Federal Procurement Policy Act (
41 U.S.C. 405(j)
)
and inserting
section 1126 of title 41, United States Code
.
The John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ) is amended as follows:
Section 832(d)(3) (
10 U.S.C. 2302
note) is amended by striking section 8(b) of the Service Contract Act of 1965 (
41 U.S.C. 357(b)
)
and inserting
section 6701(3) of title 41, United States Code
.
Section 852(b)(2)(A)(ii) (
10 U.S.C. 2324
note) is amended by striking section 4(12) of the Office of Federal Procurement Policy Act (
41 U.S.C. 403(12)
)
and inserting
section 103 of title 41, United States Code
.
Section 8118 of the Department of Defense Appropriations Act, 2005 (
Public Law 108–287
; 10 U.S.C.
2533a note), is amended by striking section 34 of the Office of Federal Procurement Policy Act (
41 U.S.C. 430
)
and inserting
section 1906 of title 41, United States Code
.
The National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ) is amended as follows:
Section 812(b)(2) (
10 U.S.C. 2501
note) is amended by striking section 6(d)(4)(A) of the Office of Federal Procurement Policy Act (
41 U.S.C. 405(d)(4)(A)
)
and inserting
section 1122(a)(4)(A) of title 41, United States Code
.
Section 1601(c) ( 10 U.S.C. 2358 note) is amended—
in paragraph (1)(A), by striking section 32A of the Office of Federal Procurement Policy Act, as added by section 1443 of this Act
and inserting
section 1903 of title 41, United States Code
; and
in paragraph (2)(B), by striking Subsections (a) and (b) of section 7 of the Anti-Kickback Act of 1986 (
41 U.S.C. 57(a)
and (b))
and inserting
Section 8703(a) of title 41, United States Code
.
Section 8025(c) of the Department of Defense Appropriations Act, 2004 (
Public Law 108–87
; 10 U.S.C.
2410d note), is amended by striking the Javits-Wagner-O’Day Act (
41 U.S.C. 46–48)
and inserting
chapter 85 of title 41, United States Code
.
Section 817(e)(1)(B) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003
(
Public Law 107–314
;
10 U.S.C. 2306a
note) is amended by striking section 26(f)(5)(B) of the Office of Federal Procurement Policy Act (
41 U.S.C. 422(f)(5)(B)
)
and inserting
section 1502(b)(3)(B) of title 41, United States Code
.
Section 801(f)(1) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law
107–107;
10 U.S.C. 2330
note) is amended by striking section 16(3) of the Office of Federal Procurement Policy Act (
41 U.S.C. 414(3)
)
and inserting
section 1702(c)(1) and (2) of title 41, United States Code
.
Section 803(d) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(
Public Law 105–261
;
10 U.S.C. 2306a
note) is amended by striking subsection (b)(1)(B) of section 304A of the Federal Property and Administrative Services Act of
1949 (
41 U.S.C. 254b
)
and inserting
section 3503(a)(2) of title 41, United States Code
.
Section 848(e)(1) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105–85;
10 U.S.C. 2304
note) is amended by striking section 32 of the Office of Federal Procurement Policy Act (
41 U.S.C. 428
)
and inserting
section 1902 of title 41, United States Code
.
Section 722(b)(2) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104–201;
10 U.S.C. 1073
note) is amended by striking section 25(c) of the Office of Federal Procurement Policy Act (
41 U.S.C. 421(c)
)
and inserting
section 1303(a) of title 41, United States Code
.
Section 3412(k) of the National Defense Authorization Act for Fiscal Year 1996 (
Public Law 104–106
,
10 U.S.C. 7420
note) is amended by striking section 303(c) of the Federal Property and Administrative Services Act of 1949 (
41 U.S.C. 253(c)
)
and inserting
section 3304(a) of title 41, United States Code
.
Section 845 of the National Defense Authorization Act for Fiscal Year 1994 ( Public Law 103–160 ; 10 U.S.C. 2371 note) is amended—
in subsection (a)(2)(A), by striking section 16(c) of the Office of Federal Procurement Policy Act (
41 U.S.C. 414(c)
)
and inserting
section 1702(c) of title 41, United States Code,
;
in subsection (d)(1)(B)(ii), by striking section 16(3) of the Office of Federal Procurement Policy Act (
41 U.S.C. 414(3)
)
and inserting
paragraphs (1) and (2) of section 1702(c) of title 41, United States Code
;
in subsection (e)(2)(A), by striking section 4(12) of the Office of Federal Procurement Policy Act (
41 U.S.C. 403(12)
)
and inserting
section 103 of title 41, United States Code
; and
in subsection (h), by striking section 27 of the Office of Federal Procurement Policy Act (
41 U.S.C. 423
)
and inserting
chapter 21 of title 41, United States Code
.
Section 326(c)(2) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law
102–484;
10 U.S.C. 2302
note) is amended by striking section 25(c) of the Office of Federal Procurement Policy Act (
41 U.S.C. 421(c)
)
and inserting
section 1303(a) of title 41, United States Code
.
Section 806 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2302 note) is amended—
in subsection (b), by striking section 4(12) of the Office of Federal Procurement Policy Act
and inserting
section 103 of title 41, United States Code
; and
in subsection (c)—
by striking section 25(a) of the Office of Federal Procurement Policy Act
and inserting
section 1302(a) of title 41, United States Code
; and
by striking section 25(c)(1) of the Office of Federal Procurement Policy Act (
41 U.S.C. 421(c)(1)
)
and inserting
section 1303(a)(1) of such title 41
.
Section 831 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 , 10 U.S.C. 2302 note) is amended—
by designating the subsection after subsection (k), relating to definitions, as subsection (l); and
in paragraph (8) of that subsection, by striking the first section of the Act of June 25, 1938 (
41 U.S.C. 46
; popularly known as the
and inserting
Wagner-O’Day Act
)
section 8502 of title 41, United States Code
.
Amendments to title 10, United States Code, To reflect reclassification of provisions of law codified in title 50, united states code
Title 10, United States Code, is amended as follows:
Sections 113(b), 125(a), and 155(d) are amended by striking (
50 U.S.C. 401
)
and inserting (
50 U.S.C. 3002
)
.
Sections 113(e)(2), 117(a)(1), 118(b)(1), 118a(b)(1), 153(b)(1)(C)(i), 231(b)(1), and 231a(c)(1)
are amended by striking (
50 U.S.C. 404a
)
and inserting (
50 U.S.C. 3043
)
.
Sections 167(g) and 421(c) are amended by striking (
50 U.S.C. 413 et seq.)
and inserting (
50 U.S.C. 3091 et seq.)
.
Section 201(b)(1) is amended by striking (
50 U.S.C. 403–6(b))
and inserting (
50 U.S.C. 3041(b)
)
.
Section 429 is amended—
in subsection (a), by striking (
50 U.S.C. 403–1)
and inserting (
50 U.S.C. 3024
)
; and
in subsection (e), by striking (
50 U.S.C. 401a(4)
)
and inserting (
50 U.S.C. 3003(4)
)
.
Section 442(d) is amended by striking (
50 U.S.C. 404e(a)
)
and inserting (
50 U.S.C. 3045(a)
)
.
Section 444 is amended—
in subsection (b)(2), by striking (
50 U.S.C. 403o
)
and inserting (
50 U.S.C. 3515
)
; and
in subsection (e)(2)(B), by striking (
50 U.S.C. 403a et seq.)
and inserting (
50 U.S.C. 3501 et seq.)
.
Section 457 is amended—
in subsection (a), by striking (
50 U.S.C. 431
)
and inserting (
50 U.S.C. 3141
)
; and
in subsection (c), by striking (
50 U.S.C. 431(b)
)
and inserting (
50 U.S.C. 3141(b)
)
.
Section 462 is amended by striking (
50 U.S.C. 402
note)
and inserting (
50 U.S.C. 3614
)
.
Sections 491(c)(3), 494(d)(1), and 496(a)(1) are amended by striking (
50 U.S.C. 401a(4)
)
and inserting (
50 U.S.C. 3003(4)
)
.
Section 1599a(a) is amended by striking (
50 U.S.C. 402
note)
and inserting (
50 U.S.C. 3614
)
.
Section 1605(a)(2) is amended by striking (
50 U.S.C. 403r
)
and inserting (
50 U.S.C. 3518
)
.
Section 1623(a) is amended by striking (
50 U.S.C. 402
note)
and inserting (
50 U.S.C. 3614
)
.
Section 2409(e) is amended by striking (
50 U.S.C. 401a(4)
)
and inserting (
50 U.S.C. 3003(4)
)
.
Section 2501(a)(1)(A) is amended by striking (
50 U.S.C. 404a
)
and inserting (
50 U.S.C. 3043
)
.
Sections 2557(c) and 2723(d)(2) are amended by striking (
50 U.S.C. 413
)
and inserting (
50 U.S.C. 3091
)
.
Amendments to other defense-Related statutes To reflect reclassification of provisions of law codified in title 50, united states code
The following provisions of law are amended by striking (
50 U.S.C. 401a(4)
)
and inserting (
50 U.S.C. 3003(4)
)
:
Section 911(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2271 note).
Sections 801(b)(3) and 911(e)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 2304 note; 2271 note).
Section 812(e) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. 2501 note).
Section 901(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law
107–314;
10 U.S.C. 137
note) is amended by striking (
50 U.S.C. 401 et seq.)
and inserting (
50 U.S.C. 3001 et seq.)
.
Other cross-Reference amendments
Title 10, united states code
Title 10, United States Code, is amended as follows:
Section 2430(c)(2) is amended by striking section 2366a(a)(4)
and inserting
section 2366a(a)(7)
.
Section 7292(d)(2) is amended by striking section 1024(a)
and inserting
section 1018(a)
.
Title 40, united states code
Section 591(b)(2)(A) of title 40, United States Code, is amended by striking
section 2394 of title 10
and inserting
section 2922a of title 10
.
Date of enactment references
Title 10, United States Code, is amended as follows:
Section 1218(d)(3) is amended by striking on the date that is five years after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2010
and inserting on October 28, 2014
.
Section 1566a(a) is amended by striking Not later than 180 days after the date of the enactment of the National Defense Authorization Act
for Fiscal Year 2010 and under
and inserting Under
.
Section 2275(d) is amended—
in paragraph (1), by striking before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013
and inserting before January 2, 2013
; and
in paragraph (2), by striking on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year
2013
and inserting on or after January 2, 2013
.
Section 2601a(e) is amended by striking after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012
and inserting after December 31, 2011,
.
Section 6328(c) is amended by striking on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year
2010
and inserting after October 27, 2009,
.
Other amendments to title 10, united states code
Title 10, United States Code, is amended as follows:
Section 118 is amended by striking subsection (g).
Section 407(a)(3)(A) is amended by striking the comma after as applicable
.
Section 429 is amended—
in subsection (a), by striking Section
in the second sentence and inserting section
; and
in subsection (c), by striking act
and inserting law
.
Section 1074m(a)(2) is amended by striking subparagraph
in the matter preceding subparagraph (A) and inserting subparagraphs
.
Section 1154(a)(2)(A)(ii) is amended by striking U.S.C.1411
and inserting U.S.C. 1411
.
Section 2222(g)(3) is amended by striking (A)
after (3)
.
Section 2335(d) is amended—
by designating the last sentence of paragraph (2) as paragraph (3); and
in paragraph (3), as so designated—
by inserting before each of
the following paragraph heading:
Other terms.—
.
by striking the term
and inserting that term
; and
by inserting Election
after Federal Campaign
.
Section 2371 is amended by striking subsection (h).
Section 2601a is amended—
in subsection (a)(1), by striking issue
and inserting prescribe
; and
in subsection (d), by striking issued
and inserting prescribed
.
Section 2853(c)(1)(A) is amended by striking can be still be
and inserting can still be
.
Section 2866(a)(4)(A) is amended by striking repayed
and inserting repaid
.
Section 2884(c) is amended by striking on evaluation
in the matter preceding paragraph (1) and inserting an evaluation
.
Transfer of section 2814 to chapter 631
Transfer and redesignation
Section 2814 of title 10, United States Code, is transferred to chapter 631 of such title, inserted after section 7205, and redesignated as section 7206.
Conforming amendments
Such section, as so transferred and redesignated, is amended—
in paragraphs (2) and (3)(B) of subsection (i), by striking this chapter
and inserting chapter 169 of this title
; and
by striking subsection (l) and inserting the following new subsection (l):
Definitions
In this section:
The term appropriate committees of Congress
has the meaning given such term in section 2801 of this title.
The term property support services
means the following:
Any utility service or other service listed in section 2686(a) of this title.
Any other service determined by the Secretary to be a service that supports the operation and maintenance of real property, personal property, or facilities.
.
Clerical amendments
The table of sections at the beginning of chapter 169 of such title is amended by striking the item relating to section 2814.
The table of sections at the beginning of chapter 631 of such title is amended by inserting after the item relating to section 7205 the following new item:
7206. Special authority for development of Ford Island, Hawaii.
.
Coordination with other amendments made by this act
For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by subsections (b) through (h) of this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.
Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations
Subsection (h) of section 2667 of title 10, United States Code , is amended by adding the following new paragraph:
Paragraph (1) does not apply to a renewal, extension, or succeeding lease by the Secretary concerned with a financial institution selected in accordance with the Department of Defense Financial Management Regulation providing for the selection of financial institutions to operate on military installations if each of the following applies:
The on-base financial institution was selected before the date of the enactment of this paragraph or competitive procedures are used for the selection of any new financial institutions.
A current and binding operating agreement is in place between the installation commander and the selected on-base financial institution.
The renewal, extension or succeeding lease shall terminate upon the termination of the operating agreement described in subparagraph (A)(ii).
.
Limited authority for United States to secure copyrights for certain scholarly works prepared by faculty of certain Department of Defense professional schools
Authority
Chapter 53 of title 10, United States Code, is amended by inserting after section 1033 the following new section:
Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools
Authority
In general
Subject to regulations prescribed under subsection (f), the United States may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work written by a faculty member of an institution of the Department of Defense specified in subsection (e), but only for purposes of publication by a scholarly press or journal for which such a copyright is normally a requirement for publication or otherwise as may be prescribed under regulations under this section.
Printing
Notwithstanding section 501 of title 44, the Department of Defense need not use the services of the Government Printing Office or a field printing plant operated by the Department of Defense with respect to a work for which copyright protection exists by reason of paragraph (1).
Qualifying works
A work is a qualifying work for purposes of this section if the work—
is prepared as part of a person’s official duties; and
meets such criteria as the Secretary of Defense may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted.
Transfer of copyright
Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the United States may transfer the copyright to the owner or publisher of the medium in which the work will be published. The United States shall maintain a perpetual, royalty-free license to use the scholarly work for any official purpose of the United States.
Royalties, etc
No royalties or other compensation may be accepted by a person covered by subsection (a) by reason of copyright protection that exists by reason of subsection (a).
Covered institutions
The institutions referred to in subsection (a) are the following:
The United States Military Academy, the United States Naval Academy, and the United States Air Force Academy.
The National Defense University.
Any war college of the armed forces.
Any graduate-level college or university of the Department of Defense.
Regulations
The Secretary of Defense shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured under subsection (a) and the purposes for which the copyright may be secured.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1033 the following new item:
1033a. Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools.
.
Effective date
Section 1033a of title 10, United States Code, as added by subsection (a), shall apply only with respect to works that, as determined under regulations prescribed under that section, are completed after the date of the enactment of this Act.
Transfer of functions of the veterans’ advisory board on dose reconstruction to the Secretaries of Veterans Affairs and Defense
Section 601 of the Veterans Benefits Act of 2003 ( Public Law 108–183 ; 117 Stat. 2667; 38 U.S.C. 1154 note) is amended to read as follows:
Radiation dose reconstruction program of the Department of Defense
Review and oversight
The Secretary of Veterans Affairs and the Secretary of Defense shall jointly take appropriate actions to ensure the on-going independent review and oversight of the Radiation Dose Reconstruction Program of the Department of Defense.
Duties
In carrying out subsection (a), the Secretaries shall—
conduct periodic, random audits of dose reconstructions under the Radiation Dose Reconstruction Program and of decisions by the Department of Veterans Affairs on claims for service connection of radiogenic diseases;
communicate to veterans information on the mission, procedures, and evidentiary requirements of the Program; and
carry out such other activities with respect to the review and oversight of the Program as the Secretaries shall jointly specify.
Recommendations
The Secretaries may make such recommendations on modifications in the mission or procedures of the Program as they consider appropriate as a result of the audits conducted under subsection (b)(1).
.
Authority to accept certain voluntary services
Section 1588(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
Voluntary legal support services provided by law students through internship and externship programs approved by the Secretary concerned.
.
CIVILIAN PERSONNEL MATTERS
Modifications to biennial strategic workforce plan relating to senior management, functional, and technical workforce of the Department of Defense
Senior management workforce
Subsection (c) of section 115b of title 10, United States Code, is amended—
by striking paragraph (1) and inserting the following:
Each strategic workforce plan under subsection (a) shall—
specifically address the shaping and improvement of the senior management workforce of the Department of Defense; and
include an assessment of the senior functional and technical workforce of the Department of Defense within the appropriate functional community.
; and
in paragraph (2), by striking such senior management, functional, and technical workforce
and inserting such senior management workforce and such senior functional and technical workforce
.
Highly qualified experts
Such section is further amended—
in subsection (b)(2), by striking subsection (f)(1)
in subparagraphs (D) and (E) and inserting subsection (h)(1) or (h)(2)
;
by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and
by inserting after subsection (e) the following new subsection (f):
Highly qualified experts
Each strategic workforce plan under subsection (a) shall include an assessment of the workforce of
the Department of Defense comprised of highly qualified experts appointed
pursuant to
section 9903 of title 5 (in this subsection referred to as the HQE workforce
).
For purposes of paragraph (1), each plan shall include, with respect to the HQE workforce—
an assessment of the critical skills and competencies of the existing HQE workforce and projected trends in that workforce based on expected losses due to retirement and other attrition;
specific strategies for attracting, compensating, and motivating the HQE workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies;
any incentives necessary to attract or retain HQE personnel;
any changes that may be necessary in resources or in the rates or methods of pay needed to ensure the Department has full access to appropriately qualified personnel; and
any legislative changes that may be necessary to achieve HQE workforce goals.
.
Definitions
Subsection (h) of such section (as redesignated by subsection (b)(2)) is amended to read as follows:
Definitions
In this section:
The term senior management workforce of the Department of Defense
includes the following categories of Department of Defense civilian personnel:
Appointees in the Senior Executive Service under section 3131 of title 5.
Persons serving in the Defense Intelligence Senior Executive Service under section 1606 of this title.
The term senior functional and technical workforce of the Department of Defense
includes the following categories of Department of Defense civilian personnel:
Persons serving in positions described in section 5376(a) of title 5.
Scientists and engineers appointed pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 108 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 (114 Stat. 1654A–315)).
Scientists and engineers appointed pursuant to section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 5 U.S.C. 3104 note).
Persons serving in Intelligence Senior Level positions under section 1607 of this title.
The term acquisition workforce
includes individuals designated under section 1721 of this title as filling acquisition positions.
.
Conforming amendment
The heading of subsection (c) of such section is amended to read as follows:
Senior Management Workforce; Senior Functional and Technical Workforce.—
.
Formatting of annual report
Subsections (d)(1) and (e)(1) of such section are amended by striking include a separate chapter to
.
Authority to provide additional compensation for defense clandestine service employees
Section 1603 of title 10, United States Code, is amended by adding at the end the following new subsection:
Additional compensation for employees of the defense clandestine service
In addition to the authority to provide compensation under subsection (a), the Secretary of Defense may provide civilian employees of the Defense Clandestine Service allowances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law, if the Secretary determines such action is necessary to the operational effectiveness of the Defense Clandestine Service.
.
Pilot program for the temporary exchange of financial management personnel
Assignment authority
The Secretary of Defense may, with the agreement of the private sector organization concerned, arrange for the temporary assignment of an employee to such private sector organization, or from such private sector organization to a Department of Defense organization under this section. An employee shall be eligible for such an assignment only if the employee—
works in the field of financial management;
is considered by the Secretary of Defense to be an exceptional employee; and
is compensated at not less than the GS–11 level (or the equivalent).
Agreements
The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement—
shall require, in the case of an employee of the Department of Defense, that upon completion of the assignment, the employee will serve in the civil service for a period at least equal to three times the length of the assignment, unless the employee is sooner involuntarily separated from the service of the employee’s agency; and
shall provide that if the employee of the Department of Defense or of the private sector organization (as the case may be) fails to carry out the agreement, or if the employee is voluntarily separated from the service of the employee’s agency before the end of the period stated in the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment unless that failure or voluntary separation was for good and sufficient reason, as determined by the Secretary of Defense.
Termination
An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private sector organization concerned.
Duration
An assignment under this section shall be for a period of not less than three months and not more than one year. No assignment under this section may commence after September 30, 2019.
Status of federal employees assigned to private sector organization
An employee of the Department of Defense who is temporarily assigned to a private sector organization under this section shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. The written agreement established under subsection (b) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee.
Terms and conditions for private sector employees
An employee of a private sector organization who is assigned to a Department of Defense organization under this section—
shall continue to receive pay and benefits from the private sector organization from which such employee is assigned;
is deemed to be an employee of the Department of Defense for the purposes of—
sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code, and any other conflict of interest statute;
sections 1343, 1344, and 1349(b) of title 31, United States Code;
the Federal Tort Claims Act and any other Federal tort liability statute;
the Ethics in Government Act of 1978;
section 1043 of the Internal Revenue Code of 1986;
subchapter I of chapter 81 of title 5, United States Code, relating to compensation for work-related injuries; and
may not have access, while the employee is assigned to a Department of Defense organization, to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned.
Prohibition against charging certain costs to the federal government
A private sector organization may not charge the Department of Defense or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department of Defense organization under this section for the period of the assignment.
Consideration
The Secretary of Defense shall take into consideration the question of how assignments might best be used to help meet the needs of the Department of Defense with respect to the training of employees in financial management.
Numerical limitation
Not more than five Department of Defense employees may be assigned to private sector organizations under this section, and not more than five employees of private sector organizations may be assigned to the Department of Defense under this section, at any given time.
MATTERS RELATING TO FOREIGN NATIONS
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
Authority
In the case of a product or service to be acquired in support of Department of Defense activities in the United States Africa Command area of responsibility for which the Secretary of Defense makes a determination described in subsection (b), the Secretary may conduct a procurement in which—
competition is limited to products or services that are from Djibouti; or
a preference is provided for products or services that are from Djibouti.
Determination
A determination described in this subsection is a determination by the Secretary of either of the following:
That the product or service concerned is to be used only in support of activities described in subsection (a).
That it is in the national security interest of the United States to limit competition or provide a preference as described in subsection (a) because such limitation or preference is necessary—
to reduce—
United States transportation costs; or
delivery times in support of activities described in subsection (a); or
to promote regional security, stability, and economic prosperity in Africa.
A determination under paragraph (1)(B) shall not be effective for purposes of a limitation or preference under subsection (a) unless the Secretary also determines that the limitation or preference will not adversely affect—
United States military operations or stability operations in the United States Africa Command area of responsibility; or
the United States industrial base.
Products and services from djibouti
For the purpose of this section:
A product is from Djibouti if it is mined, produced, or manufactured in Djibouti.
A service is from Djibouti if it is performed in Djibouti by citizens or residents of Djibouti.
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
Codification of permanent authority
Enactment in title 10 of section 1202 acquisition and cross-servicing agreement authority
Chapter 138 of title 10, United States Code, is amended by inserting after section 2342 a new section 2342a consisting of—
a heading as follows:
Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability
;
a text consisting of the text of subsections (a) through (d) of section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 909), and revised as specified in subsection (b).
Clerical amendment
The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 2342 the following new item:
2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability.
.
Revisions to codified section
The revisions to the text specified in subsection (a)(1)(B) are as follows:
Global authority
In subsection (a)(1)—
insert military or stability
after combined
the first place it appears; and
strike in Afghanistan
.
Conforming amendments
In subsection (a)(3)—
in subparagraph (A), strike Afghanistan
and insert a combined military or stability operation with the United States
; and
in subparagraph (C), strike Afghanistan or a
and insert a combined military or stability operation or
.
Reporting exception
In subsection (a)(5)—
insert (A)
before Equipment may not
; and
add at the end the following:
Exception
The notice required in subparagraph (A) shall not be required when the equipment to be loaned is intended to be used—
in a facility that is under the control of the United States; or
in connection with training directed by United States personnel.
.
Waiver in the case of combat loss of equipment
At the end of subsection (a), insert the following new paragraph:
Waiver of reimbursement in the case of combat loss
Authority
In the case of equipment provided to the military forces of another nation under the authority of this section that is damaged or destroyed as a result of combat operations while held by those forces, the Secretary of Defense may, with respect to such equipment, waive any other applicable requirement under this subchapter for—
reimbursement;
replacement-in-kind; or
exchange of supplies or services of an equal value.
Limitations
Any waiver under this subsection may be made only on a case-by-case basis. Any waiver under this subsection may be made only if the Secretary determines that the waiver is in the national security interest of the United States.
.
Technical and clerical amendments
In subsection (a)(1), strike under subchapter I of chapter 138 of title 10, United States Code,
.
In subsection (d)(2)(B), strike Committee on International Relations
and insert
Committee on Foreign Affairs
.
Repeal
Section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364), as most recently amended by section 1217(b) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 909), is repealed.
Retroactive application of waiver authority
The authority in subsection (a)(6) of section 2342a of title 10, United States Code, as added by this section, shall apply with respect to equipment provided before the date of the enactment of this Act to a foreign nation under section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007, as amended, in the same manner as to equipment provided under such section 2342a.
Revisions to Global Security Contingency Fund authority
Types of assistance
Subsection (c)(1) of section 1207 of the National Defense Authorization Act for Fiscal Year 2012
(
Public Law 112–81
;
22 U.S.C. 2151
note), as amended by section 1202 of
the National Defense Authorization Act for Fiscal Year 2014, is amended by
striking the provision of equipment, supplies, and training.
and inserting
the provision of the following:
Equipment, including routine maintenance and repair of such equipment.
Supplies.
Small-scale construction not exceeding $750,000.
Training.
.
Transfer authority
Subsection (f)(1) of such section is amended by striking for Defense-wide activities
in the first sentence.
Two-Year extension of availability of funds
Subsection (i) of such section is amended by striking September 30, 2015
and inserting September 30, 2017
.
Extension of expiration date
Subsection (p) of such section is amended—
by striking September 30, 2015
and inserting September 30, 2017
; and
by striking funds available for fiscal years 2012 through 2015
and inserting funds available for a fiscal year beginning before that date
.
Increase in annual limitation on transfer of excess defense articles
Section 516(g)(1) of the Foreign Assistance Act of 1961 (
22 U.S.C. 2321j(g)(1)
) is amended by
striking $425,000,000
and inserting $500,000,000
.
OTHER AUTHORIZATIONS
Military Programs
Working capital funds
Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for Defense Working Capital Funds in the amount of $1,234,468,000.
Joint Urgent Operational Needs Fund
Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Urgent Operational Needs Fund in the amount of $20,000,000.
Chemical agents and munitions destruction, defense
Authorization of appropriations
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $828,868,000 , of which—
$222,728,000 is for Operation and Maintenance;
$595,913,000 is for Research, Development, Test, and Evaluation; and
$10,227,000 is for Procurement.
Use
Amounts authorized to be appropriated under subsection (a) are authorized for—
the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ); and
the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
Drug interdiction and counter-drug activities, defense-wide
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $820,687,000.
Defense Inspector General
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense , in the amount of $311,830,000 , of which—
$310,830,000 is for Operation and Maintenance; and
$1,000,000 is for Procurement.
Defense health program
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2015 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $31,994,918,000 , of which—
$31,031,911,000 is for Operation and Maintenance;
$654,594,000 is for Research, Development, Test, and Evaluation; and
$308,413,000 is for Procurement.
Other Matters
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
Authority for transfer of funds
Of the funds authorized to be appropriated for section 507 and available for the Defense Health Program for operation and maintenance, $146,857,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
Use of transferred funds
For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500).
Authorization of appropriations for Armed Forces Retirement Home
There is hereby authorized to be appropriated for fiscal year 2015 from the Armed Forces Retirement Home Trust Fund the sum of $63,400,000 for the operation of the Armed Forces Retirement Home.
AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
MILITARY CONSTRUCTION AUTHORIZATIONS
Short title
This division may be cited as the Military Construction Authorization Act for Fiscal Year 2015
.
Expiration of authorizations and amounts required to be specified by law
Expiration of authorizations after three years
Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
October 1, 2017; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018.
Exception
Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
October 1, 2017; or
the date of the enactment of an Act authorizing funds for fiscal year 2018 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
ARMY MILITARY CONSTRUCTION
Authorized Army construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
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 |
Texas | Fort Bliss | $46,800,000 |
Virginia | Joint Base Langley-Eustis | $7,700,000. |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Country | Installation | Amount |
Cuba | Guantanamo Bay | $23,800,000 |
Japan | Kadena AB | $10,600,000. |
Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
Country | Installation | Units | Amount |
Illinois | Rock Island | 33 | $19,500,000 |
Korea | Camp Walker | 90 | $57,800,000. |
Authorization of appropriations, Army
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $969,012,000 as follows:
For military construction projects inside the United States authorized by section 2101(a), $370,900,000.
For military construction projects outside the United States authorized by section 2101(b), $34,400,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $25,000,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $51,127,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $78,609,000.
For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $350,976,000.
For the construction of increment 3 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2119), $58,000,000.
Modification of authority to carry out certain fiscal year 2004 project
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of an Explosives Research and Development Loading Facility at the installation, the Secretary of the Army may use available unobligated balances of amounts appropriated for military construction for the Army to complete work on the project within the scope specified for the project in the justification data provided to Congress as part of the request for authorization of the project.
Modification of authority to carry out certain fiscal year 2013 projects
Fort drum
In executing the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Drum, New York, for construction of an Aircraft Maintenance Hangar at the installation, the Secretary of the Army may provide a capital contribution to a public or private utility company in order for the utility company to extend the utility company’s gas line to the installation boundary.
The capital contribution under subsection (a) is not considered a change in the scope of work under section 2853 of title 10, United States Code.
Fort leonard wood
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort Leonard Wood, Missouri, for construction of Battalion Complex Facilities at the installation, the Secretary of the Army may construct the Battalion Headquarters with classrooms for a unit other than a Global Defense Posture Realignment unit.
Fort mcNair
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort McNair, District of Columbia, for construction of a Vehicle Storage Building at the installation, the Secretary of the Army may construct up to 20,227 square feet of vehicle storage.
Extension of authorizations of certain fiscal year 2011 project
Extensions
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (124 Stat. 4437), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later:
Table
The table referred to in subsection (a) is as follows:
State/Country |
Installation or Location |
Project | Amount |
Georgia | Fort Benning | Land Acquisition | $12,200,000. |
Extension of authorizations of certain fiscal year 2012 projects
Extensions
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (125 Stat. 1661), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later:
Table
The table referred to in subsection (a) as follows:
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 Hanger | $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 Hanger | $47,000,000 | |
Virginia | Fort Belvoir | Road and Infrastructure Improvements | $25,000,000. |
NAVY MILITARY CONSTRUCTION
Authorized Navy construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
State | Installation | Amount |
Arizona | Yuma | $16,608,000 |
California | Bridgeport | $16,180,000 |
San Diego | $47,110,000 | |
District of Columbia | Naval Support Activity Washington | $31,735,000 |
Florida | Jacksonville | $30,235,000 |
Mayport | $20,520,000 | |
Hawaii | Kaneohe Bay | $53,382,000 |
Pearl Harbor | $9,698,000 | |
Maryland | Annapolis | $120,112,000 |
Indian Head | $15,346,000 | |
Patuxent River | $9,860,000 | |
Nevada | Fallon | $31,262,000 |
North Carolina | Cherry Point Marine Corps Air Station | $41,588,000 |
Pennsylvania | Philadelphia | $23,985,000 |
South Carolina | Charleston | $35,716,000 |
Virginia | Dahlgren | $27,313,000 |
Norfolk | $39,274,000 | |
Portsmouth | $9,743,000 | |
Quantico | $12,613,000 | |
Yorktown | $26,988,000 | |
Washington | Bremerton | $16,401,000 |
Port Angeles | $20,638,000 | |
Whidbey Island | $24,390,000. |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:
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. |
Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $472,000.
Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $15,940,000.
Authorization of appropriations, Navy
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $1,389,213,000 , as follows:
For military construction projects inside the United States authorized by section 2201(a), $680,697,000.
For military construction projects outside the United States authorized by section 2201(b), $213,768,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $7,163,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $33,366,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $16,412,000.
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $354,029,000.
For the construction of increment 4 of the Explosives Handling Wharf No. 2 at Kitsap, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1666), as amended by section 2205 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2124) $83,778,000.
Modification of authority to carry out certain fiscal year 2012 projects
Yuma
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Yuma, Arizona, for construction of a Double Aircraft Maintenance Hangar, the Secretary of the Navy may construct up to approximately 70,000 square feet of additional apron to be utilized as a taxi-lane using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667).
Camp pendleton
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Camp Pendleton, California, for construction of an Infantry Squad Defense Range, the Secretary of the Navy may construct up to 9,000 square feet of vehicular bridge using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667).
Kings bay
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Kings Bay, Georgia, for construction of a Crab Island Security Enclave, the Secretary of the Navy may expand the enclave fencing system to three layers of fencing and construct two elevated fixed fighting positions with associated supporting facilities using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667).
Modification of authority to carry out certain fiscal year 2014 project
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 989), for Yorktown, Virginia, for construction of Small Arms Ranges, the Secretary of the Navy may construct 240 square meters of armory, 48 square meters of Safety Officer/Target Storage Building, and 667 square meters of Range Operations Building using appropriations available for the project pursuant to the authorization of appropriations in section 2204 of such Act (127 Stat. 990).
Extension of authorizations of certain fiscal year 2011 projects
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (124 Stat. 4441) and extended by section 2207 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 991), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
State/Country |
Installation or Location |
Project | Amount |
Bahrain | South West Asia | Navy Central Command Ammunition Magazines | $89,280,000 |
Guam | Naval Activities, Guam | Defense Access Roads Improvements | $66,730,000. |
Extension of authorizations of certain fiscal year 2012 projects
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (125 Stat. 1666), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
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. |
AIR FORCE MILITARY CONSTRUCTION
Authorized Air Force construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
State | Installation | Amount |
Alaska | Clear AFB | $11,500,000 |
Arizona | Luke AFB | $26,800,000 |
Kansas | McConnell AFB | $34,400,000 |
Massachusetts | Hanscom AFB | $13,500,000 |
Nevada | Nellis AFB | $53,900,000 |
New Jersey | Joint Base McGuire-Dix-Lakehurst | $5,900,000 |
North Dakota | Minot AFB | $23,830,000 |
Oklahoma | Tinker AFB | $111,000,000 |
Texas | Joint Base San Antonio | $5,800,000. |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Country | Installation | Amount |
Guam | Joint Region Marianas | $13,400,000 |
United Kingdom | Croughton RAF | $92,223,000. |
Authorization of appropriations, Air Force
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,139,521,000 , as follows:
For military construction projects inside the United States authorized by section 2301(a), $262,800,000.
For military construction projects outside the United States authorized by section 2301(b), $105,623,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $22,613,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $10,738,000.
For military family housing functions:
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $327,747,000.
For the construction of increment 2 of the United States Cyber Command Joint Operations Center at Fort Meade, Maryland, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of the Public Law 113–66 ; 127 Stat. 992), $166,000,000.
For the construction of increment 4 of the United States Strategic Command Replacement Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of the Public Law 112–81 ; 125 Stat. 1670), $180,000,000.
For the construction of increment 2 of the Guam Strike Fuel Systems Maintenance Hangar at Joint Base Marianas, Guam, authorized by section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of the Public Law 112–81 ; 125 Stat. 1671), $64,000,000.
Modification of authority to carry out certain fiscal year 2008 project
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 515), for Shaw Air Force Base, South Carolina, for Base Infrastructure at that location, the Secretary of the Air Force may acquire fee or lesser real property interests in approximately 11.5 acres of land contiguous to Shaw Air Force Base for the project using funds appropriated to the Department of the Air Force for construction in years prior to fiscal year 2015.
Extension of authorizations of certain fiscal year 2011 project
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
Table
The table referred to in subsection (a) is as follows:
State |
Installation or Location |
Project | Amount |
Bahrain, SW Asia | Shaikh Isa AB | North Apron Expansion | $45,000,000. |
Extension of authorizations of certain fiscal year 2012 project
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
Table
The table referred to in subsection (a) is as follows:
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. |
DEFENSE AGENCIES MILITARY CONSTRUCTION
Defense Agency Authorizations
Authorized defense agencies construction and land acquisition projects
Inside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
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. |
Outside the united states
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
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. |
Authorized energy conservation projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of $150,000,000.
Authorization of appropriations, defense agencies
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $2,124,652,000 , as follows:
For military construction projects inside the United States authorized by section 2401(a), $868,656,000.
For military construction projects outside the United States authorized by section 2401(b), $411,791,000.
For unspecified minor military construction projects under section 2805 of title 10, United States Code, $43,487,000.
For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $9,000,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $142,240,000.
For energy conservation projects under chapter 173 of title 10, United States Code, $150,000,000.
For military family housing functions:
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $61,100,000.
For credits (including amounts authorized for and appropriated) to the Department of Defense Family Housing Improvement Fund for functions under section 2883 of title 10, United States Code, $1,662,000.
For credits to the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 ).
For the construction of increment 6 of the Hospital Replacement at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 ; 123 Stat. 2642), $131,500,000.
For the construction of increment 3 of the NSAW Recapitalize Building #1 at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2127), $45,521,000.
For the construction of increment 4 of the Medical Center Replacement at Rhine Ordnance Barracks, Germany, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1673), as amended by section 2404(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2131), $259,695,000.
Extension of authorizations of certain fiscal year 2011 project
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act (124 Stat. 4446), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
State/Country |
Installation or Location |
Project | Amount |
District of Columbia | Bolling Air Force Base | Cooling Tower Expansion | $2,070,000 |
DIAC Parking Garage | $13,586,000 | ||
Electrical Upgrades | $1,080,000. |
Extension of authorizations of certain fiscal year 2012 projects
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1660), the authorization set forth in the table in subsection (b), as provided in section 2401 of that Act (125 Stat. 1673), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
State |
Installation or Location |
Project | Amount |
Italy | USAG Vicenza | Vicenza High School (Replacement) | $41,864,000 |
Germany | USAG Baumholder | Wetzel-Smith Elementary School (Replacement) | $59,419,000 |
Japan | Yokota Air Base | Yokota High School (Replace/Renovate) | $49,606,000. |
Extension of authorizations of certain fiscal year 2012 projects
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act (125 Stat. 1672), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
State |
Installation or Location |
Project | Amount |
California | Coranado | 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. |
Chemical Demilitarization Authorizations
Authorization of appropriations, chemical demilitarization construction, defense-wide
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for the construction of phase XV of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 ; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107 ; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314 ; 116 Stat. 2698), section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B Public Law 111–383; 124 Stat. 4450) , $38,715,000.
Modification of authority to carry out certain fiscal year 2000 project
Modification
The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65 ; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107 ; 115 Stat. 1298), section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314 ; 116 Stat. 2698), section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4450), is amended—
in the item relating to Blue Grass Army Depot, Kentucky, by striking $746,000,000
in the amount column and inserting $780,000,000
; and
by striking the amount identified as the total in the amount column and inserting $1,237,920,000
.
Conforming amendment
Section 2405(b)(3) of the Military Construction Authorization Act for Fiscal Year 2000 (division B
of
Public Law 106–65
; 113 Stat. 839), as amended by
section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002 (
division B
of
Public Law 107–107
;
115 Stat. 1298),
section 2405 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B of Public
Law 107–314; 116 Stat. 2698),
section 2414 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of
Public Law 110–417
;
122 Stat. 4697), and
section 2412 of the Military Construction
Authorization Act for Fiscal Year 2011 (division B of
Public Law 111–383
;
124 Stat. 4450), is further amended by striking $723,200,000
and inserting $757,200,000
.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Authorized NATO construction and land acquisition projects
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
Authorization of appropriations, NATO
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2012, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 , in the amount of $199,700,000.
GUARD AND RESERVE FORCES FACILITIES
Project Authorizations and Authorization of Appropriations
Authorized Army National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
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. |
Authorized Army Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
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. |
Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
State | Installation | Amount |
Pennsylvania | Pittsburgh | $17,650,000 |
Washington | Whidbey Island | $27,755,000. |
Authorized Air National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
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. |
Authorized Air Force Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
State | Installation | Amount |
Georgia | Robins AFB | $27,700,000 |
North Carolina | Seymour Johnson AFB | $9,800,000 |
Texas | Fort Worth | $3,700,000. |
Authorization of appropriations, National Guard and Reserve
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts:
For the Department of the Army, for the Army National Guard of the United States, $126,920,000.
For the Department of the Army, for the Army Reserve , $103,946,000.
For the Department of the Navy, for the Navy and Marine Corps Reserve, $51,528,000.
For the Department of the Air Force, for the Air National Guard of the United States, $94,663,000.
For the Department of the Air Force, for the Air Force Reserve , $49,492,000.
Other Matters
Modification and extension of authority to carry out certain fiscal year 2012 projects
Kansas city
In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Kansas City, Kansas, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Kansas City, construct a new facility in the vicinity of Kansas City, Kansas.
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1660), the authorization set forth in subsection (a) shall remain in effect until October 1, 2018, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2019, whichever is later.
Attleboro
In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Attleboro, Massachusetts, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Attleboro, construct a new facility in the vicinity of Attleboro, Massachusetts.
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81 ; 125 Stat. 1660), the authorization set forth in subsection (a) shall remain in effect until October 1, 2018, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2019, whichever is later.
Modification of authority to carry out certain fiscal year 2013 project
In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2134) for Stormville, New York, for construction of a Combined Support Maintenance Shop Phase I, the Secretary of the Army may instead construct the facility at Camp Smith, New York and build a 53,760 square foot maintenance facility in lieu of a 75,156 square foot maintenance facility.
Extension of authorization of certain fiscal year 2011 project
Extension
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383 ; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2601 of that Act (124 Stat. 4452), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table
The table referred to in subsection (a) is as follows:
State |
Installation or Location |
Project | Amount |
Puerto Rico | Camp Santiago | Multi-Purpose Machine Gun Range | $9,200,000. |
BASE REALIGNMENT AND CLOSURE ACTIVITIES
Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act , in the total amount of $270,085,000 , as follows:
For the Department of the Army, $84,417,000.
For the Department of the Navy, $94,692,000.
For the Department of the Air Force, $90,976,000.
MILITARY CONSTRUCTION GENERAL PROVISIONS
Revisions to minor military construction authorities
Establishment of minor military construction exception threshold
Subsection (a) of section 2805 of title 10, United States Code, is amended by adding at the end the following new paragraph:
For purposes of this section, the minor military construction exception threshold is $4,000,000.
.
Increase in dollar thresholds for certain authorities relating to unspecified minor military construction
Maximum amount for projects to correct deficiencies that are life-, health-, or safety-threatening
Subsection (a)(2) of such section is amended by striking $3,000,000
in the second sentence and inserting the minor military construction exception threshold
.
Increase in maximum amount of operation and maintenance funds authorized to be used for certain projects
Subsection (c) of such section is amended by striking $750,000
and inserting $1,000,000
.
Increased threshold for application of secretarial approval and congressional notification requirements
Subsection (b)(1) of such section is amended by striking $750,000
and inserting the amount specified in subsection (c)
.
Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities
Section 2805 of title 10, United States Code, is amended by adding at the end the following new subsection:
Adjustment of dollar limitations for location
Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project.
.
Change in authorities relating to scope of work variations for military construction projects
Limited authority for scope of work increase
Section 2853 of title 10, United States Code, is amended—
in subsection (b)(2), by striking The scope of work
and inserting Except as provided in subsection (d), the scope of work
;
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
by inserting after subsection (c) the following new subsection (d):
The limitation in subsection (b)(2) on an increase in the scope of work does not apply if—
the increase in the scope of work is not more than 10 percent of the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition;
the increase is approved by the Secretary concerned;
the Secretary concerned notifies the appropriate committees of Congress in writing of the increase in scope and the reasons therefor; and
a period of 21 days has elapsed after the date on which the notification is received by the committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.
.
Cross-Reference amendments
Subsection (a) of such section is amended by striking subsection (c) or (d)
and inserting subsection (c), (d), or (e)
.
Subsection (f) of such section, as redesignated by subsection (a)(2), is amended by striking through (d)
and inserting through (e)
.
Additional technical amendments
Conformity with general title 10 style
Subsection (a) of such section is further amended by inserting of this title
after section 2805(a)
.
Deletion of surplus word
Subsection (c)(1)(A) of such section is amended by striking be
after Congress can
.