[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2814 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 2814
To authorize appropriations for fiscal year 2017 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2016
Mr. McCain (by request) introduced the following bill; which was read
twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2017 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2017''.
SEC. 2. TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division a.--Department of Defense Authorizations.
(2) Division b.--Military Construction Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Production Act purchases.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for AH-64E Apache
helicopters.
Sec. 112. Multiyear procurement authority for UH-60M/HH-60M (Black
Hawk) helicopter airframes.
Subtitle C--Navy Programs
Sec. 121. Ship to Shore Connector program.
Subtitle D--Air Force Programs
Sec. 131. Availability of Air Force procurement funds for certain
commercial off-the-shelf parts for
intercontinental ballistic missile fuzes.
Sec. 132. Repeal of the requirement to preserve certain retired C-5
aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of appropriations.
TITLE III--OPERATION AND MAINTENANCE
Sec. 301. Operation and maintenance funding.
Sec. 302. Authority to retain certain fees provided by a State to fund
emergency telecommunications services on
military installations.
Sec. 303. Revision to authorities relating to mail service for members
of the Armed Forces and defense civilians
overseas.
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 2017 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Equal consideration of officers for early retirement or
discharge.
Sec. 502. Extension of authority for reduction during force drawdown
period in amount of active commissioned
service required for officers to retire in
a commissioned grade.
Sec. 503. Repeal of requirement for a Presidentially appointed chaplain
at the United States Air Force Academy.
Sec. 504. Authority to designate certain reserve officers as not to be
considered for selection for promotion.
Sec. 505. Senior Military Acquisition Advisor/Adjunct Professor
Program.
Subtitle B--Reserve Component Management
Sec. 511. Repeal of requirement for review of certain Army Reserve
officer unit vacancy promotions by
commanders of associated active duty units.
Sec. 512. Revision of deployability rating system and planning reform.
Sec. 513. Technical correction to annual authorization for personnel
strengths.
Sec. 514. Extension of removal of restrictions on the transfer of
officers between the active and inactive
National Guard.
Sec. 515. Extension of temporary authority to use Air Force Reserve
component personnel to provide training and
instruction regarding pilot training.
Sec. 516. Reconciliation of contradictory provisions relating to
citizenship qualifications for enlistment
in the reserve components of the Armed
Forces.
Sec. 517. Technical correction to voluntary separation pay and
benefits.
Subtitle C--Member Education and Training
Sec. 521. Inclusion of reserve service on active duty for preplanned
missions as service that qualifies as
active duty for post-9/11 educational
assistance.
Sec. 522. Inclusion of reserve service in assistance of a major
disaster or emergency or for a preplanned
mission in support of a combatant command
as eligible service for an extension of
eligibility for vocational rehabilitation
benefits.
Sec. 523. Authority for United States Air Force Institute of Technology
to charge and retain tuition for
instruction of persons other than Air Force
personnel detailed for instruction at the
institute.
Subtitle D--Defense Dependents' Education and Military Family Readiness
Matters
Sec. 531. Repeal of Advisory Council on Dependents' Education.
Sec. 532. Authority to provide additional any purpose leave for
teachers in the Department of Defense
dependents school system who are employed
in supervisory positions.
Sec. 533. One-year extension of authorities relating to the transition
and support of military dependent students
to local educational agencies.
Sec. 534. Time limitation for appointment of certain military spouses.
Subtitle E--Other Matters
Sec. 541. Expansion of authority to execute certain military
instruments.
Sec. 542. Enhanced flexibility in provision of relocation assistance to
members of the Armed Forces and their
families.
Sec. 543. Enforcement of rights under chapter 43 of title 38, United
States Code, with respect to a State or
private employer.
Sec. 544. Enhanced role for Department of Justice under Military
Lending Act.
Sec. 545. Revision from statutory requirement to discretionary
authority for designation by military judge
of an individual to assume the rights of
the victim of an offense under the Uniform
Code of Military Justice when the victim is
a minor, incompetent, incapacitated, or
deceased.
Sec. 546. Transfer of provision relating to expenses incurred in
connection with leave canceled due to
contingency operations.
Sec. 547. Codification and revision of authority to conduct programs on
career flexibility to enhance retention of
members of the Armed Forces.
Sec. 548. Parental leave for members of the Armed Forces.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2017 increase in military basic pay.
Sec. 602. Allowance of payments pursuant to power of attorney.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. Extension of certain expiring bonus and special pay
authorities.
Sec. 612. Conforming amendment to consolidation of special pay,
incentive pay, and bonus authorities.
Sec. 613. Technical and clerical amendments relating to 2008
consolidation of certain special pay
authorities.
Sec. 614. Authority for payment of death gratuity to trusts.
Sec. 615. Authority to waive recoupment of involuntary separation pay
for members who subsequently become
entitled to retired pay.
Sec. 616. Increase in maximum amount of aviation special pays for
flying duty for other than remotely piloted
aircraft.
Subtitle C--Retired Pay
Sec. 621. Termination of automatic reenrollment in Thrift Savings Plan.
Sec. 622. Matching contributions.
Sec. 623. Separation determinations for members participating in the
Thrift Savings Plan.
Sec. 624. Thrift Savings Plan default investment type.
Sec. 625. Maximum amount of Thrift Savings Plan contributions; matching
contribution percentage increase.
Sec. 626. Duration of Thrift Savings Plan contributions.
Sec. 627. Election period to participate in the modernized retirement
system.
Sec. 628. Combat-related special compensation coordinating amendment.
Sec. 629. Discretionary continuation pay for members who have completed
8 to 16 years of service.
Sec. 630. Effective date.
Subtitle D--Survivor Benefits
Sec. 631. Benefits for survivors of members dying while in inactive-
duty training status.
Sec. 632. Technical amendments to Survivor Benefit Plan statute.
Subtitle E--Other Provisions Related to Retired Pay
Sec. 641. Inclusion of active duty service for a preplanned mission as
eligible service for reduction of
eligibility age for a non-regular
retirement.
TITLE VII--HEALTHCARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improved TRICARE health plan choices.
Sec. 702. Revisions to cost-sharing requirements for TRICARE for Life
and the Pharmacy Benefits Program.
Sec. 703. Requirement for medicare participating physician or supplier
to accept TRICARE and Veterans Affairs
participating rates.
Sec. 704. Expansion of TRICARE-covered preventive health care services.
Sec. 705. TRICARE beneficiary eligibility for participation in the
Federal dental and vision insurance
programs.
Sec. 706. Reduction of administrative costs relating to automatic
renewal of enrollments in TRICARE prime.
Subtitle B--Health Care Administration
Sec. 711. Uniformed Services University of the Health Sciences support
of undergraduate and other medical
education and training programs for
military medical personnel.
Sec. 712. Licensure requirements for Department of Defense veterinary
professionals.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 801. Revision to authorities relating to Department of Defense
Test Resource Management Center.
Sec. 802. Waiver of notification when acquiring tactical missiles and
munitions above the budgeted quantity.
Sec. 803. Extension of special emergency procurement authority.
Sec. 804. Revision to effective date applicable to prior extension of
applicability of the senior executive
benchmark compensation amount for purposes
of allowable cost limitations under defense
contracts.
Sec. 805. Program fraud civil remedies statute for the Department of
Defense and the National Aeronautics and
Space Administration.
Sec. 806. Distribution support and services for weapon systems
contractors.
Sec. 807. Timeliness rules for filing bid protests at the United States
Court of Federal Claims.
Sec. 808. Special emergency procurement authority to facilitate the
defense against or recovery from a cyber
attack.
Sec. 809. Modification of authority for the Civilian Acquisition
Workforce Personnel Demonstration Project.
Sec. 810. Purposes for which the Department of Defense Acquisition
Workforce Development Fund may be used.
Sec. 811. Closeout of old contracts.
Sec. 812. Contract closeout authority.
Sec. 813. Simplification of the process for preparation and evaluation
of proposals for certain service contracts.
Sec. 814. Micro-purchase threshold applicable to Government
procurements.
Sec. 815. Pilot programs for authority to acquire innovative commercial
items using general solicitation
competitive procedures.
Sec. 816. Increase in simplified acquisition threshold.
Sec. 817. Category management.
Sec. 818. Innovation set aside pilot program.
Sec. 819. Codification and enhancement of authorized use of funds in
Joint Improvised Explosive Device Defeat
Fund.
Sec. 820. Repeal of prohibition on performance of non-defense audits by
Defense Contract Audit Agency.
Sec. 821. Authority for disclosure of certain sensitive information to
Department of Defense contractors
performing under a Department of Defense
federally funded research and development
center contract.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Protection and enhancement of access to and savings at
commissaries and exchanges.
Sec. 902. Revision to authority of the Secretary of Defense relating to
protection of the Pentagon reservation and
other Department of Defense facilities in
the National Capital Region.
Sec. 903. Reorganization and redesignation of Office of Family Policy
and Office of Community Support for
Military Families with Special Needs.
Sec. 904. Change of period for Chairman of the Joint Chiefs of Staff
review of the Unified Command Plan to not
less than every four years.
Sec. 905. Clarification of authority, direction, and control over the
Information Assurance Directorate of the
National Security Agency.
Sec. 906. Reduction in the minimum number of Navy carrier air wings and
carrier air wing headquarters required to
be maintained.
Sec. 907. Authority to employ civilian faculty members at Joint Special
Operations University.
Sec. 908. Modifications to requirements for accounting for members of
the Armed Forces and Department of Defense
civilian employees listed as missing.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Liquidation of unpaid credits accrued as a result of
transactions under a cross-servicing
agreement.
Sec. 1002. Special authority for the Department of Defense to reinvest
travel refunds.
Sec. 1003. Authority for use of amounts recovered for damage to
government property.
Subtitle B--Counter-Drug Activities
Sec. 1011. Extension of Department of Defense authority to provide
support for counter-drug activities and
activities to counter transnational
organized crime.
Sec. 1012. Extension of authority to provide additional support for
counter-drug activities of certain foreign
governments.
Sec. 1013. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia and
of numerical limitation on assignment of
United States personnel in Colombia.
Subtitle C--Transportation Matters
Sec. 1021. Authority to make pro rata annual payments under operating
agreements for vessels participating in
maritime security fleet.
Sec. 1022. Authority to extend certain age restrictions relating to
vessels participating in the maritime
security fleet.
Sec. 1023. Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance.
Sec. 1024. Expanded authority for transportation by the Department of
Defense of non-Department of Defense
personnel and cargo.
Sec. 1025. Modifications to National Defense Sealift Fund requirements.
Sec. 1026. Duration of authorization of domicile-to-duty transportation
for defense personnel designated to be
provided such transportation when essential
to the conduct of official business.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Exemption of information on military tactics, techniques,
and procedures from release under Freedom
of Information Act.
Sec. 1032. Expansion of coverage of persons who may be assisted under
program to provide post-isolation support
activities for certain recovered isolated
personnel.
Sec. 1033. Modification to and extension of authorization of non-
conventional assisted recovery
capabilities.
Sec. 1034. Protection against misuse of Naval Special Warfare Command
insignia.
Sec. 1035. Authority to assist other agencies to expedite review of
proposed Department of Defense actions
under the Endangered Species Act.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Matters
Sec. 1101. Authority to provide additional allowances and benefits for
Defense Clandestine Service employees.
Sec. 1102. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1103. Two-year extension of authority to waive annual limitation
premium pay and aggregate limitation on pay
for Federal civilian employees working
overseas.
Sec. 1104. Authority for advancement of pay for certain employees
relocating within the United States and its
territories.
Sec. 1105. Increase in maximum amount of voluntary separation incentive
pay authorized for civilian employees.
Sec. 1106. Expanded flexibility in selecting candidates from referral
lists.
Sec. 1107. Noncompetitive temporary and term appointments in the
competitive service.
Sec. 1108. Clarification regarding adverse actions.
Sec. 1109. Elimination of the foreign exemption provision in regards to
overtime for Federal civilian employees
temporarily assigned to a foreign area.
Sec. 1110. Employment of recent graduates and students.
Sec. 1111. Paid time off incentive for new hires in difficult-to-fill
positions.
Subtitle B--Federal Employees Paid Parental Leave
Sec. 1121. Short title.
Sec. 1122. Paid parental leave under title 5.
Sec. 1123. Paid parental leave for congressional employees.
Sec. 1124. Conforming amendment to Family and Medical Leave Act for GAO
and Library of Congress employees.
Sec. 1125. Clarification for members of the National Guard and
Reserves.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Consolidation and Reform of Department of Defense Security
Cooperation Authorities
Sec. 1201. Enactment of new chapter for defense security cooperation
authorities and transfer of certain
authorities to new chapter.
Sec. 1202. Military-to-military exchanges.
Sec. 1203. Consolidation and revision of authorities for payment of
personnel expenses necessary for theater
security cooperation.
Sec. 1204. Consolidation and revision of authorities relating to
training of the Armed Forces with military
and other security forces of friendly
foreign countries.
Sec. 1205. Transfer of and revision to authority to provide operational
support to forces of friendly foreign
countries.
Sec. 1206. Consolidation of authorities for service academy
international engagement.
Sec. 1207. Transfer and revision of authority to build the capacity of
foreign security forces.
Sec. 1208. Consolidation and standardization of reporting requirements
relating to security cooperation
authorities.
Sec. 1209. Repeal of superseded, obsolete, duplicative statutes
relating to security cooperation
authorities.
Subtitle B--Other Matters
Sec. 1211. Extension of authority to provide assistance to the vetted
Syrian opposition.
Sec. 1212. Extension and modification of Commanders' Emergency Response
Program in Afghanistan.
Sec. 1213. Enhancement of interagency support during contingency
operations and transition periods.
Sec. 1214. Extension of and revised funding sources for training
Eastern European national military forces
in the course of multilateral exercises.
Sec. 1215. Extension of Afghan special immigrant program.
Sec. 1216. Authority to destroy certain specified World War II-era
United States-origin chemical munitions
located on San Jose Island, Republic of
Panama.
Sec. 1217. Expanded authority for transfer of excess naval vessels to
foreign nations.
Sec. 1218. Extension of authority to conduct activities to enhance the
capability of foreign countries to respond
to incidents involving weapons of mass
destruction.
Sec. 1219. Extension of authority to acquire products and services
produced in countries along a major route
of supply to Afghanistan.
Sec. 1220. Increase to the size of the Special Defense Acquisition
Fund.
Sec. 1221. Extension of authority to support operations and activities
of the Office of Security cooperation in
Iraq.
Sec. 1222. Extension of authority for support of special operations to
combat terrorism.
Sec. 1223. Extension of Afghanistan Security Forces Fund.
Sec. 1224. Maintenance of prohibition on procurement by Department of
Defense of Communist Chinese-origin items
that meet the definition of goods and
services controlled as munitions items when
moved to the ``600 series'' of the commerce
control list.
Sec. 1225. Extension of authority for Global Security Contingency Fund.
Sec. 1226. Enhanced authority to acquire products and services of
Africa in support of covered activities in
United States Africa Command area of
responsibility.
Sec. 1227. Extension of authority to transfer defense articles and
provide defense services to the military
and security forces of Afghanistan.
Sec. 1228. Extension of authority to provide assistance to counter the
Islamic State in Iraq and the Levant.
Sec. 1229. Extension and modification of authority for reimbursement of
certain coalition nations for support
provided to United States military
operations.
TITLE XIII--[RESERVED]
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Joint Urgent Operational Needs Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1405. Authority to dispose of certain materials from and to
acquire additional materials for the
national defense stockpile.
Sec. 1406. Defense Inspector General.
Sec. 1407. Defense Health Program.
Subtitle B--Other Matters
Sec. 1411. 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. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1413. Revisions to the Strategic and Critical Materials Stock
Piling Act.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Sec. 1501. Purpose.
Sec. 1502. Army Procurement.
Sec. 1503. Joint Improvised-Threat Defeat Fund.
Sec. 1504. Navy and Marine Corps Procurement.
Sec. 1505. Air Force Procurement.
Sec. 1506. Defense-Wide Activities Procurement.
Sec. 1507. Research, Development, Test, and Evaluation.
Sec. 1508. Operation and maintenance.
Sec. 1509. Military personnel.
Sec. 1510. Working capital funds.
Sec. 1511. Defense health program.
Sec. 1512. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1513. Defense inspector general.
TITLE XVI--SERVICEMEMBERS CIVIL RELIEF ACT
Sec. 1601. Short title; statutory references.
Sec. 1602. Clarification of affidavit requirement.
Sec. 1603. Extension of protections for servicemembers against default
judgments.
Sec. 1604. Residency of dependents of military personnel for voting
purposes.
Sec. 1605. Increase in civil penalties.
Sec. 1606. Enforcement by the Attorney General.
Sec. 1607. Application of private right of action.
Sec. 1608. Definition of military orders and continental United States.
Sec. 1609. Oral notice sufficient to invoke interest rate cap.
Sec. 1610. Non-discrimination provision.
Sec. 1611. Extension of protection against repossession for installment
sales contracts.
Sec. 1612. Harmonization of sections.
Sec. 1613. Expansion of protection for termination of residential and
motor vehicle leases.
Sec. 1614. Military family professional license portability.
Sec. 1615. Enhanced protection of servicemembers under Servicemembers
Civil Relief Act relating to certain
contract provisions.
Sec. 1616. Determination of residence or domicile for tax purposes of
spouses of military personnel.
TITLE XVII--UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT
Sec. 1701. Short title.
Sec. 1702. Pre-election reporting requirements on availability and
transmission of absentee ballots.
Sec. 1703. Transmission requirements; repeal of waiver provision.
Sec. 1704. Clarification of State responsibility, civil penalties, and
private right of action.
Sec. 1705. Technical clarifications to conform to 2009 Move Act
amendments related to the Federal write-in
absentee ballot.
Sec. 1706. Treatment of ballot requests.
Sec. 1707. Inclusion of Northern Mariana Islands in the definition of
``State'' for purposes of the Uniformed and
Overseas Citizens Absentee Voting Act.
Sec. 1708. Requirement for Presidential designee to revise the Federal
post card application to allow voters to
designate ballot requests.
Sec. 1709. Requirement of plurality vote for Virgin Islands and Guam
Federal elections.
Sec. 1710. Extension of reporting deadline for the annual report on the
assessment of the effectiveness of
activities of the Federal voting assistance
program.
Sec. 1711. Treatment of post card form registrations.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
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
2014 project.
Sec. 2105. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2106. Extension of authorizations of certain fiscal year 2014
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
2014 project.
Sec. 2206. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2207. Extension of authorizations of certain fiscal year 2014
projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year
2016 project.
Sec. 2306. Extension of authorization of certain fiscal year 2013
project.
Sec. 2307. Extension of authorizations of certain fiscal year 2014
projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
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. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2406. Extension of authorizations of certain fiscal year 2014
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
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 of authority to carry out certain fiscal year
2014 project.
Sec. 2612. Modification of authority to carry out certain fiscal year
2015 project.
Sec. 2613. Extension of authorization of certain fiscal year 2013
project.
Sec. 2614. Extension of authorizations of certain fiscal year 2014
projects.
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. Change in authorities relating to scope of work variations
for military construction projects.
Sec. 2802. Annual locality adjustment of dollar thresholds applicable
to unspecified minor military construction
authorities.
Sec. 2803. Limited exceptions to restriction on development of public
infrastructure in connection with
realignment of Marine Corps forces in Asia-
Pacific region.
Sec. 2804. Transfer of Fort Belvoir Mark Center Campus from the
Secretary of the Army to the Secretary of
Defense and applicability of certain
provisions of law relating to the Pentagon
Reservation.
Sec. 2805. Repeal of sunset on statutory authority for laboratory
revitalization projects.
Sec. 2806. Standardization of expiration dates for military land
withdrawals.
Sec. 2807. Congressional notification of in-kind contributions for
construction projects overseas.
Sec. 2808. Extension of temporary, limited authority to use operation
and maintenance funds for construction
projects in certain areas outside the
United States.
Sec. 2809. Authority of the Secretary concerned to accept lessee
improvements at Government-owned/
contractor-operated industrial plants or
facilities.
Sec. 2810. Permanent authority for acceptance and use of contributions
for certain construction, maintenance, and
repair projects mutually beneficial to the
Department of Defense and Kuwait Military
Forces.
Sec. 2811. Closure of St. Marys Airport.
Sec. 2812. Temporary authority to undertake conversion projects as
repair projects.
TITLE XXIX--DEFENSE BASE CLOSURE AND REALIGNMENT
Sec. 2901. Short title and purpose.
Sec. 2902. The Commission.
Sec. 2903. Procedure for making recommendations for base closures and
realignments.
Sec. 2904. Closure and realignment of military installations.
Sec. 2905. Implementation.
Sec. 2906. Department of Defense Base Closure Account 2016.
Sec. 2907. Reports.
Sec. 2908. Congressional consideration of Commission report.
Sec. 2909. Restriction on other base closure authority.
Sec. 2910. Definitions.
Sec. 2911. Treatment as a base closure law for purposes of other
provisions of law.
Sec. 2912. Conforming amendments.
TITLE XXX--MILITARY CONSTRUCTION FUNDING
Sec. 3001. Authorization of amounts in funding tables.
Sec. 3002. Military construction table.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2017
for procurement for the Army as follows:
(1) For aircraft, $3,614,787,000.
(2) For missiles, $1,519,966,000.
(3) For weapons and tracked combat vehicles,
$2,265,177,000.
(4) For ammunition, $1,513,157,000.
(5) For other procurement, $5,873,949,000.
SEC. 102. NAVY AND MARINE CORPS.
Funds are hereby authorized to be appropriated for fiscal year 2017
for procurement for the Navy and Marine Corps as follows:
(1) For aircraft, $14,109,148,000.
(2) For weapons, including missiles and torpedoes,
$3,209,262,000.
(3) For ammunition procurement, Navy and Marine Corps,
$664,368,000.
(4) For shipbuilding and conversion, $18,354,874,000.
(5) For other procurement, $6,338,861,000.
(6) For procurement, Marine Corps, $1,362,769,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2017
for procurement for the Air Force as follows:
(1) For aircraft, $13,922,917,000.
(2) For missiles, $2,426,621,000.
(3) For space procurement, $3,055,743,000.
(4) For ammunition, $1,677,719,000.
(5) For other procurement, $17,438,056,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2017
for Defense-wide procurement in the amount of $4,524,918,000.
SEC. 105. DEFENSE PRODUCTION ACT PURCHASES.
Funds are hereby authorized to be appropriated for fiscal year 2017
for purchases under the Defense Production Act of 1950 (50 U.S.C. 4501
et seq.) in the amount of $44,065,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH-64E APACHE
HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Army may enter
into one or more multiyear contracts beginning with the fiscal year
2017 program year, for the procurement of AH-64E Apache helicopters.
(b) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2017 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH-60M/HH-60M (BLACK
HAWK) HELICOPTER AIRFRAMES.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Army may enter
into one or more multiyear contracts beginning with the fiscal year
2017 program year, for the procurement of UH-60M/HH-60M Black Hawk
helicopters.
(b) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2017 is subject to the availability of appropriations
for that purpose for such later fiscal year.
Subtitle C--Navy Programs
SEC. 121. SHIP TO SHORE CONNECTOR PROGRAM.
(a) Contract Authority.--Notwithstanding any provision of law
pertaining to multiyear contracts, the Secretary of the Navy may enter
into one block buy contract to procure up to 8 Ship to Shore Connector
craft.
(b) Liability.--Any contract entered into under subsection (a)
shall provide that any obligation of the United States to make a
payment under the contract is subject to the availability of
appropriations for that purpose, and that total liability to the
Government for termination of any contract entered into shall be
limited to the total amount of funding obligated at time of
termination.
Subtitle D--Air Force Programs
SEC. 131. AVAILABILITY OF AIR FORCE PROCUREMENT FUNDS FOR CERTAIN
COMMERCIAL OFF-THE-SHELF PARTS FOR INTERCONTINENTAL
BALLISTIC MISSILE FUZES.
(a) Availability of Procurement Funds.--Notwithstanding section
1502(a) of title 31, United States Code, of the amount authorized to be
appropriated for fiscal year 2017 by section 103 for Missile
Procurement, Air Force, $17,095,000 shall be available for the
procurement of covered parts pursuant to contracts entered into under
section 1645(a) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3651).
(b) Covered Parts Defined.--In this section, the term ``covered
parts'' means commercially available off-the-shelf items as defined in
section 104 of title 41, United States Code.
SEC. 132. REPEAL OF THE REQUIREMENT TO PRESERVE CERTAIN RETIRED C-5
AIRCRAFT.
Section 141 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 1659), is amended by striking
subsection (d).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $7,515,399,000.
(2) For the Navy, $17,276,301,000.
(3) For the Air Force, $28,112,251,000.
(4) For Defense-wide activities, $18,308,826,000.
(5) For the Director of Operational Test and Evaluation,
$178,994,000.
TITLE III--OPERATION AND MAINTENANCE
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $33,809,040,000.
(2) For the Navy, $39,483,581,000.
(3) For the Marine Corps, $5,954,258,000.
(4) For the Air Force, $37,518,056,000.
(5) For Defense-wide activities, $32,571,590,000.
(6) For the Army Reserve, $2,712,331,000.
(7) For the Navy Reserve, $927,656,000.
(8) For the Marine Corps Reserve, $270,633,000.
(9) For the Air Force Reserve, $3,067,929,000.
(10) For the Army National Guard, $6,825,370,000.
(11) For the Air National Guard, $6,703,578,000.
(12) For the United States Court of Appeals for the Armed
Forces, $14,194,000.
(13) For Environmental Restoration, Army, $170,167,000.
(14) For Environmental Restoration, Navy, $281,762,000.
(15) For Environmental Restoration, Air Force,
$371,521,000.
(16) For Environmental Restoration, Defense-wide,
$9,009,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $197,084,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $105,125,000.
(19) For Cooperative Threat Reduction programs,
$325,604,000.
SEC. 302. AUTHORITY TO RETAIN CERTAIN FEES PROVIDED BY A STATE TO FUND
EMERGENCY TELECOMMUNICATIONS SERVICES ON MILITARY
INSTALLATIONS.
Section 6(f) of the Wireless Communications and Public Safety Act
of 1999 (47 U.S.C. 615a-1(f)) is amended by adding at the end the
following new paragraph:
``(3) Fees provided to military installations.--If the
Secretary of a military department receives from a State,
pursuant to an application by the Secretary or otherwise, an
amount remitted to the Secretary as a share of the fees and
charges collected by the State under this subsection from
persons residing on a military installation under the
Secretary's jurisdiction within the State, such amount shall be
credited to appropriations available for that military
department to support or implement 9-1-1 or enhanced 9-1-1
services for that military installation and shall be available
for such purposes subject to the same availability, conditions,
and limitations as the appropriation to which credited.''.
SEC. 303. REVISION TO AUTHORITIES RELATING TO MAIL SERVICE FOR MEMBERS
OF THE ARMED FORCES AND DEFENSE CIVILIANS OVERSEAS.
(a) Eligibility for Free Mail.--Subsection (a) of section 3401 of
title 39, United States Code, is amended to read as follows:
``(a) First Class letter mail correspondence shall be carried, at
no cost to the sender, in the manner provided by this section, when
mailed by an individual who is a member of the Armed Forces of the
United States on active duty, as defined in section 101 of title 10, or
a civilian, otherwise authorized to use postal services at Armed Forces
installations, who is providing support to military operations, as
designated by the military theater commander, and addressed to a place
within the delivery limits of a United States post office, if--
``(1) such letter mail is mailed by such individual at an
Armed Forces post office established in an overseas area
designated by the President, where the Armed Forces of the
United States are deployed for a contingency operation as
determined by the Secretary of Defense; or
``(2) such individual is hospitalized as a result of
disease or injury incurred as a result of service in an
overseas area designated by the President under paragraph
(1).''.
(b) Surface Shipment of Mail Authorized.--Subsection (b) of such
section is amended to read as follows:
``(b) There shall be transported by either surface or air, between
Armed Forces post offices or from an Armed Forces post office to a
point of entry into the United States, the following categories of mail
matter which are mailed at any such Armed Forces post office:
``(1) Letter mail communications having the character of
personal correspondence.
``(2) Any parcel exceeding one pound in weight but less
than 70 pounds in weight and less than 130 linear inches
(length plus girth).
``(3) Publications published once each week or more
frequently and featuring principally current news of interest
to members of the Armed Forces and the general public.''.
(c) Clerical Amendment.--The heading for such section, and the item
relating to such section in the table of sections at the beginning of
chapter 34 of such title, are each amended by striking the last five
words.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2017, as follows:
(1) The Army, 460,000.
(2) The Navy, 322,900.
(3) The Marine Corps, 182,000.
(4) The Air Force, 317,000.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2017, as follows:
(1) The Army National Guard of the United States, 335,000.
(2) The Army Reserve, 195,000.
(3) The Navy Reserve, 58,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 105,700.
(6) The Air Force Reserve, 69,000.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve for any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2017, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,155.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 9,955.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,764.
(6) The Air Force Reserve, 2,955.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2017 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United States,
25,507.
(2) For the Army Reserve, 7,570.
(3) For the Air National Guard of the United States,
22,103.
(4) For the Air Force Reserve, 10,061.
SEC. 414. FISCAL YEAR 2017 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) 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, 2017, may not exceed the following:
(A) For the Army National Guard of the United
States, 1,600.
(B) For the Air National Guard of the United
States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2017, may not exceed 420.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2017, may not exceed 90.
(b) 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.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2017, 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:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated for military
personnel for fiscal year 2017 a total of $128,902,332,000.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
SEC. 501. EQUAL CONSIDERATION OF OFFICERS FOR EARLY RETIREMENT OR
DISCHARGE.
Section 638a of title 10, United States Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) Convening selection boards under section 611(b) of
this title to consider for early retirement or discharge
regular officers on the active-duty list in a grade below
lieutenant colonel or commander--
``(A) who have served at least one year of active
duty in the grade currently held; and
``(B) whose names are not on a list of officers
recommended for promotion.'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e)(1) In the case of action under subsection (b)(4), the
Secretary of the military department concerned shall specify the total
number of officers described in that subsection that a selection board
convened under section 611(b) of this title pursuant to the authority
of that subsection may recommend for early retirement or discharge.
Officers who are eligible, or are within two years of becoming
eligible, to be retired under any provision of law (other than by
reason of eligibility pursuant to section 4403 of the National Defense
Authorization Act for Fiscal Year 1993), if selected by the board,
shall be retired or retained until becoming eligible to retire under
section 3911, 6323, or 8911 of this title, and those officers who are
otherwise ineligible to retire under any provision of law shall, if
selected by the board, be discharged.
``(2) In the case of action under subsection (b)(4), the Secretary
of the military department concerned may submit to a selection board
convened pursuant to that subsection--
``(A) the names of all eligible officers described in that
subsection, whether or not they are eligible to be retired
under any provision of law, in a particular grade and
competitive category; or
``(B) the names of all eligible officers described in that
subsection in a particular grade and competitive category,
whether or not they are eligible to be retired under any
provision of law, who are also in particular year groups,
specialties, or retirement categories, or any combination
thereof, with that competitive category.
``(3) The number of officers specified under paragraph (1) may not
be more than 30 percent of the number of officers considered.
``(4) An officer who is recommended for discharge by a selection
board convened pursuant to the authority of subsection (b)(4) and whose
discharge is approved by the Secretary concerned shall be discharged on
a date specified by the Secretary concerned.
``(5) Selection of officers for discharge under this subsection
shall be based on the needs of the service.''.
SEC. 502. EXTENSION OF AUTHORITY FOR REDUCTION DURING FORCE DRAWDOWN
PERIOD IN AMOUNT OF ACTIVE COMMISSIONED SERVICE REQUIRED
FOR OFFICERS TO RETIRE IN A COMMISSIONED GRADE.
(a) Army.--Section 3911(b) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``eight years'' and
inserting ``six years''; and
(2) in paragraph (2), by striking ``September 30, 2018''
and inserting ``September 30, 2019''.
(b) Navy and Marine Corps.--Section 6323(a)(2) of such title is
amended--
(1) in subparagraph (A), by striking ``eight years'' and
inserting ``six years''; and
(2) in subparagraph (B), by striking ``September 30, 2018''
and inserting ``September 30, 2019''.
(c) Air Force.--Section 8911(b) of such title is amended--
(1) in paragraph (1), by striking ``eight years'' and
inserting ``six years''; and
(2) in paragraph (2), by striking ``September 30, 2018''
and inserting ``September 30, 2019''.
(d) Effective Date.--The amendments made by subsections (a)(1),
(b)(1), and (c)(1) shall apply only with respect to a member of the
Army, Navy, Air Force, or Marine Corps who is retired on or after the
date of the enactment of this Act.
SEC. 503. REPEAL OF REQUIREMENT FOR A PRESIDENTIALLY APPOINTED CHAPLAIN
AT THE UNITED STATES AIR FORCE ACADEMY.
(a) Repeal.--Section 9337 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 903 of such title is amended by striking the item related to
section 9227.
SEC. 504. AUTHORITY TO DESIGNATE CERTAIN RESERVE OFFICERS AS NOT TO BE
CONSIDERED FOR SELECTION FOR PROMOTION.
Section 14301 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j) Certain Officers Not To Be Considered for Selection for
Promotion.--The Secretary of the military department concerned may
provide that an officer who is in an active status, but is in a duty
status in which the only points the officer accrues under section
12732(a)(2) of this title are pursuant to subparagraph (C)(i) of that
section (relating to membership in a reserve component), shall not be
considered for selection for promotion at any time the officer
otherwise would be so considered. Any such officer may remain on the
reserve active-status list.''.
SEC. 505. SENIOR MILITARY ACQUISITION ADVISOR/ADJUNCT PROFESSOR
PROGRAM.
(a) Program Authority.--
(1) In general.--Chapter 87 of title 10, United States
Code, is amended by inserting after section 1724 the following
new section:
``Sec. 1725. Senior Military Acquisition Advisor/Adjunct Professor
Program
``(a) Position.--(1) The Secretary of Defense may establish a
position in the Defense Acquisition Corps to be known as `Senior
Military Acquisition Advisor'. Senior Military Acquisition Advisors
shall be appointed by the President, by and with the advice and consent
of the Senate.
``(2) An officer who is appointed as a Senior Military Acquisition
Advisor--
``(A) shall serve as an advisor to, and provide senior
level acquisition expertise to, the Service Acquisition
Executive of that officer's military department in accordance
with this section; and
``(B) shall be assigned as an adjunct professor at the
Defense Acquisition University.
``(b) Continuation on Active Duty.--An officer who is appointed as
a Senior Military Acquisition Advisor may continue on active duty while
serving in such position without regard to any mandatory retirement
date that would otherwise be applicable to that officer by reason of
years of service or age. An officer who is continued on active duty
pursuant to this section is not eligible for consideration for
selection for promotion.
``(c) Retired Grade.--Upon retirement, an officer who is a Senior
Military Acquisition Advisor may, in the discretion of the President,
be retired in the grade of brigadier general or rear admiral (lower
half) if--
``(1) the officer has served as a Senior Military
Acquisition Advisor for a period of not less than three years;
and
``(2) the officer's service as a Senior Military
Acquisition Advisor has been distinguished.
``(d) Selection and Tenure.--(1) Selection of an officer for
recommendation for appointment as a Senior Military Acquisition Advisor
shall be made competitively and shall be based upon demonstrated
experience and expertise in acquisition.
``(2) Officers shall be selected for recommendation for appointment
as Senior Military Acquisition Advisors from among officers of the
Defense Acquisition Corps from among officers who are serving in the
grade of colonel or, in the case of the Navy, captain, and who have at
least 12 years of acquisition experience. An officer selected for
recommendation for appointment as a Senior Military Acquisition
Advisor, shall have at least 30 years of active commissioned service at
the time of appointment.
``(3) Appointment of an officer as a Senior Military Acquisition
Advisor shall be for no longer than a five-year term.
``(e) Limitation.--(1) There may not be more than 15 Senior
Military Acquisition Advisors at any time, of whom--
``(A) not more than five may be officers of the Army;
``(B) not more than five may be officers of the Navy and
Marine Corps; and
``(C) not more than five may be officers of the Air Force.
``(2) Subject to paragraph (1), the number of Senior Military
Acquisition Advisors for each military department shall be as required
and identified by the Service Acquisition Executive and approved by the
Under Secretary of Defense for Acquisition, Technology, and Logistics.
``(f) Advice to Service Acquisition Executive.--An officer who is a
Senior Military Acquisition Advisor shall have as the officer's primary
duty providing strategic, technical, and programmatic advice to the
Service Acquisition Executive of the officer's military department on
matters pertaining to the Defense Acquisition System, including matters
pertaining to procurement, research and development, advanced
technology, test and evaluation, production, program management,
systems engineering, and lifecycle logistics.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of such chapter is amended by adding
at the end the following new item:
``1725. Senior Military Acquisition Advisor/Adjunct Professor
Program.''.
(b) Exclusion From Officer Grade-Strength Limitations.--Section
523(b) of such title is amended by adding at the end the following new
paragraph:
``(9) Officers who are Senior Military Acquisition Advisors
under section 1725 of this title, but not to exceed 15.''.
Subtitle B--Reserve Component Management
SEC. 511. REPEAL OF REQUIREMENT FOR REVIEW OF CERTAIN ARMY RESERVE
OFFICER UNIT VACANCY PROMOTIONS BY COMMANDERS OF
ASSOCIATED ACTIVE DUTY UNITS.
Section 1113 of the Army National Guard Combat Readiness Reform Act
of 1992 (title XI of Public Law 102-484; 10 U.S.C. 10105 note) is
repealed.
SEC. 512. REVISION OF DEPLOYABILITY RATING SYSTEM AND PLANNING REFORM.
(a) Deployment Prioritization and Readiness.--
(1) In general.--Chapter 1003 of title 10, United States
Code, is amended by inserting after section 10102 the following
new section:
``Sec. 10102a. Deployment prioritization and readiness of Army
components
``(a) Deployment Prioritization.--The Secretary of the Army shall
maintain a system for identifying the priority of deployment for units
of all components of the Army.
``(b) Deployability Readiness Rating.--The Secretary of the Army
shall maintain a readiness rating system for units of all components of
the Army that provides an accurate assessment of the deployability of a
unit and those shortfalls of a unit that require the provision of
additional resources. The system shall ensure--
``(1) that the personnel readiness rating of a unit
reflects--
``(A) both the percentage of the overall personnel
requirement of the unit that is manned and deployable
and the fill and deployability rate for critical
occupational specialties necessary for the unit to
carry out its back mission requirements; and
``(B) the number of personnel in the unit who are
qualified in their primary military occupational
specialty; and
``(2) that the equipment readiness assessment of a unit--
``(A) documents all equipment required for
deployment;
``(B) reflects only that equipment that is directly
possessed by the unit;
``(C) specifies the effect of substitute items; and
``(D) assesses the effect of missing components and
sets on the readiness of major equipment items.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1003 of such title is amended by inserting
after the item relating to section 10102 the following new
item:
``10102a. Deployment prioritization and readiness of Army
components.''.
(b) Repeal of Superseded Provisions of Law.--Sections 1121 and 1135
of the Army National Guard Combat Readiness Reform Act of 1992 (title
XI of Public Law 102-484; 10 U.S.C. 10105 note) are repealed.
SEC. 513. TECHNICAL CORRECTION TO ANNUAL AUTHORIZATION FOR PERSONNEL
STRENGTHS.
Section 115 of title 10, United States Code, is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``502(f)(2)''
and inserting ``502(f)(1)(B)''; and
(B) in subparagraph (C), by striking ``502(f)(2)''
and inserting ``502(f)(1)(B)''; and
(2) in subsection (i)(7), by striking ``502(f)(1)'' and
inserting ``502(f)(1)(A)''.
SEC. 514. EXTENSION OF REMOVAL OF RESTRICTIONS ON THE TRANSFER OF
OFFICERS BETWEEN THE ACTIVE AND INACTIVE NATIONAL GUARD.
Section 512 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 752; 32 U.S.C. prec. 301 note)
is amended--
(1) in subsection (a) in the matter preceding paragraph
(1), by striking ``December 31, 2016'' and inserting ``December
31, 2019''; and
(2) in subsection (b) in the matter preceding paragraph
(1), by striking ``December 31, 2016'' and inserting ``December
31, 2019''.
SEC. 515. EXTENSION OF TEMPORARY AUTHORITY TO USE AIR FORCE RESERVE
COMPONENT PERSONNEL TO PROVIDE TRAINING AND INSTRUCTION
REGARDING PILOT TRAINING.
Section 514(a) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. yyy) is amended by inserting
``and fiscal year 2017'' after ``During fiscal year 2016''.
SEC. 516. RECONCILIATION OF CONTRADICTORY PROVISIONS RELATING TO
CITIZENSHIP QUALIFICATIONS FOR ENLISTMENT IN THE RESERVE
COMPONENTS OF THE ARMED FORCES.
Paragraphs (1) and (2) of section 12102(b) of title 10, United
States Code, are amended to read as follows:
``(1) that person has met the citizenship or residency
requirements established in section 504(b)(1) of this title; or
``(2) that person is authorized to enlist by the Secretary
concerned under section 504(b)(2) of this title.''.
SEC. 517. TECHNICAL CORRECTION TO VOLUNTARY SEPARATION PAY AND
BENEFITS.
Section 1175a(j) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``or 12304'' and inserting ``12304,
12304a, or 12304b''; and
(B) by striking ``502(f)(1)'' and inserting
``502(f)(1)(A)''; and
(2) in paragraph (3), by striking ``502(f)(2)'' and
inserting ``502(f)(1)(B)''.
Subtitle C--Member Education and Training
SEC. 521. INCLUSION OF RESERVE SERVICE ON ACTIVE DUTY FOR PREPLANNED
MISSIONS AS SERVICE THAT QUALIFIES AS ACTIVE DUTY FOR
POST-9/11 EDUCATIONAL ASSISTANCE.
Section 3301(1)(B) of title 38, United States Code, is amended by
striking ``or 12304'' and inserting ``12304, or 12304b''.
SEC. 522. INCLUSION OF RESERVE SERVICE IN ASSISTANCE OF A MAJOR
DISASTER OR EMERGENCY OR FOR A PREPLANNED MISSION IN
SUPPORT OF A COMBATANT COMMAND AS ELIGIBLE SERVICE FOR AN
EXTENSION OF ELIGIBILITY FOR VOCATIONAL REHABILITATION
BENEFITS.
Section 3103(f) of title 38, United States Code, is amended by
striking ``or 12304'' and inserting ``12304, 12304a, or 12304b''.
SEC. 523. AUTHORITY FOR UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY
TO CHARGE AND RETAIN TUITION FOR INSTRUCTION OF PERSONS
OTHER THAN AIR FORCE PERSONNEL DETAILED FOR INSTRUCTION
AT THE INSTITUTE.
(a) Statutory Reorganization.--Chapter 901 of title 10, United
States Code, is amended--
(1) by transferring subsections (d) and (f) of section 9314
to the end of section 9314b and redesignating those subsections
as subsections (c) and (d), respectively;
(2) by striking the heading of section 9314a; and
(3) by inserting after subsection (c) of section 9314 the
following new section heading:
``Sec. 9314a. United States Air Force Institute of Technology:
reimbursement and tuition; instruction of persons other
than Air Force personnel''.
(b) Instruction of Persons Other Than Air Force Personnel.--Section
9314a of such title, as designated by the amendment made by subsection
(a)(3), is amended as follows:
(1) The first subsection of that section (formerly
subsection (e) of section 9314) is redesignated as subsection
(a) and is amended--
(A) by striking ``Reimbursement and Tuition'' and
inserting ``Members of the Armed Forces Other Than the
Air Force Who Are Detailed to the Institute''; and
(B) in paragraph (1)--
(i) by striking ``(other than a civilian
employee of the Department of the Air Force)'';
(ii) by striking ``who receives'' and
inserting ``detailed to receive''; and
(C) in paragraph (3)--
(i) by striking ``and'' after ``Marine
Corps,'' and inserting ``or'';
(ii) by striking ``permitted'' and
inserting ``detailed''; and
(iii) by striking ``that member'' and
inserting ``the Secretary concerned''.
(2) Such section is further amended--
(A) by redesignating paragraph (4) of such
subsection (a) as subsection (b);
(B) by striking ``(A)'' in such subsection and
inserting ``Federal Civilian Employees Other Than Air
Force Employees Who Are Detailed to the Institute.--
(1)'';
(C) by redesignating subparagraph (B) in such
subsection as paragraph (2);
(D) by striking paragraph (5) of such subsection;
and
(E) by inserting after such subsection the
following new subsection (c):
``(c) Non-Detailed Persons.--(1) The Secretary of the Air Force may
permit persons described in paragraph (2) to receive instruction at the
United States Air Force Institute of Technology on a space-available
basis.
``(2) Paragraph (1) applies to any of the following persons:
``(A) A member of the armed forces not detailed for that
instruction by the Secretary concerned.
``(B) A civilian employee of a military department, of
another component of the Department of Defense, of another
Federal agency, or of a State's National Guard not detailed for
that instruction by the Secretary concerned or head of the
other Department of Defense component, other Federal agency, or
the National Guard.
``(C) A United States citizen who is the recipient of a
competitively selected Federal or Department of Defense
sponsored scholarship or fellowship with a defense focus in
areas of study related to the academic disciplines offered by
the Air Force Institute of Technology and which requires a
service commitment to the Federal government in exchange for
educational financial assistance.
``(3) If a scholarship or fellowship described in paragraph
(2)(C) includes a stipend, the Institute may accept the stipend
payment from the scholarship or fellowship sponsor and make a
direct payment to the individual.''.
(c) Conforming Subsection Redesignations and Other Conforming
Amendments.--Section 9314a of such title, as designated by the
amendment made by subsection (a)(3) and amended by subsection (b), is
further amended--
(1) by redesignating subsection (a) of the former section
9314a (with the heading ``Admission Authorized'') as subsection
(d) and in that subsection--
(A) by striking ``Admission Authorized'' and
inserting ``Defense Industry Employees''; and
(B) in paragraph (1), by striking ``subsection
(b)'' and inserting ``paragraph (4)'';
(2) By redesignating subsection (b) of such former section
9314a as paragraph (4) and in that paragraph by striking
``Eligible Defense Industry Employees.--'';
(3) by redesignating subsection (c) of such former section
9314a as paragraph (5) and in that paragraph--
(A) by striking ``Annual Determination by the
Secretary of the Air Force.--''; and
(B) by redesignating paragraphs (1) and (2) therein
as subparagraphs (A) and (B), respectively; and
(4) by redesignating subsection (d) of such former section
9314a as paragraph (6) and in that paragraph--
(A) by striking ``Program Requirements.--'';
(B) by redesignating paragraphs (1) and (2) therein
as subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as so redesignated--
(i) by striking ``under this section'' and
inserting ``under this subsection''; and
(ii) by striking ``subsection (a)'' and
inserting ``paragraph (1)''.
(d) Tuition.--Subsection (e)(1) of such section is amended--
(1) by inserting after ``(1)'' the following: ``The United
States Air Force Institute of Technology may charge tuition for
students enrolled under subparagraphs (A) and (B) of subsection
(c)(2), at the discretion of the Commandant.'';
(2) by striking ``under this section'' and inserting
``under paragraph (c)(2)(C) and subsection (d)'';
(3) by inserting ``When charged, tuition shall be'' before
``at a rate''; and
(4) by inserting before the period at the end the
following: ``who are detailed to receive instruction at the
Institute under subsection (b)''.
(e) Standards of Conduct.--Subsection (f) of such section is
amended--
(1) by striking ``defense industry employees'' and
inserting ``persons''; and
(2) by inserting ``who are not members of the armed forces
or Government civilian employees'' after ``enrolled under this
section''.
(f) Clerical Amendments.--
(1) Section heading.--The heading of section 9314 of such
title is amended to read as follows:
``Sec. 9314. United States Air Force Institute of Technology: degree
granting authority''.
(2) Table of sections.--The table of sections at the
beginning of such chapter is amended by striking the items
relating to sections 9314 and 9314a and inserting the
following:
``9314. United States Air Force Institute of Technology: degree
granting authority.
``9314a. United States Air Force Institute of Technology: reimbursement
and tuition; instruction of persons other
than Air Force personnel.''.
Subtitle D--Defense Dependents' Education and Military Family Readiness
Matters
SEC. 531. REPEAL OF ADVISORY COUNCIL ON DEPENDENTS' EDUCATION.
Section 1411 of the Defense Dependents' Education Act of 1978 (20
U.S.C. 929) is repealed.
SEC. 532. AUTHORITY TO PROVIDE ADDITIONAL ANY PURPOSE LEAVE FOR
TEACHERS IN THE DEPARTMENT OF DEFENSE DEPENDENTS SCHOOL
SYSTEM WHO ARE EMPLOYED IN SUPERVISORY POSITIONS.
Section 6(c) of the Defense Department Overseas Teachers Pay and
Personnel Practices Act (20 U.S.C. 904(c)) is amended in the matter
following paragraph (4) by inserting after ``three days'' the
following: ``(or in the case of a teacher employed in a supervisory
position or higher, 4 days)''.
SEC. 533. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO THE TRANSITION
AND SUPPORT OF MILITARY DEPENDENT STUDENTS TO LOCAL
EDUCATIONAL AGENCIES.
Section 574(c)(3) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (20 U.S.C. 7703b note) is amended by striking
``September 30, 2016'' and inserting ``September 30, 2017''.
SEC. 534. TIME LIMITATION FOR APPOINTMENT OF CERTAIN MILITARY SPOUSES.
Subsection (c) of section 3330d of title 5, United States Code, is
amended by adding at the end the following new paragraph:
``(3) Time limitation.--A relocating spouse of a member of
the Armed Forces may receive an appointment under this section
with no time limitation for eligibility from the date of such
member's permanent change of station orders.''.
Subtitle E--Other Matters
SEC. 541. EXPANSION OF AUTHORITY TO EXECUTE CERTAIN MILITARY
INSTRUMENTS.
(a) Expansion of Authority To Execute Military Testamentary
Instruments.--
(1) In general.--Paragraph (2) of section 1044d(c) of title
10, United States Code, is amended to read as follows:
``(2) the execution of the instrument is notarized by--
``(A) a military legal assistance counsel;
``(B) a person who is authorized to act as a notary
under section 1044a of this title who--
``(i) is not an attorney; and
``(ii) is supervised by a military legal
assistance counsel; or
``(C) a State-licensed notary employed by a
military department or the Coast Guard who is
supervised by a military legal assistance counsel;''.
(2) Clarification.--Paragraph (3) of such section is
amended by striking ``presiding attorney'' and inserting
``person notarizing the instrument in accordance with paragraph
(2)''.
(b) Expansion of Authority To Notarize Documents to Civilians
Serving in Military Legal Assistance Offices.--
(1) In general.--Subsection (b) of section 1044a of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(6) All civilian paralegals serving at military legal
assistance offices, supervised by a military legal assistance
counsel (as defined in section 1044d(g) of this title).''.
SEC. 542. ENHANCED FLEXIBILITY IN PROVISION OF RELOCATION ASSISTANCE TO
MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.
(a) Geographic Requirement.--Paragraph (1) of subsection (c) of
section 1056 of title 10, United States Code, is amended by striking
the second, third, and fourth sentences and inserting the following new
sentence: ``Such relocation assistance programs shall ensure that
members of the armed forces and their families are provided relocation
assistance regardless of geographic location.''.
(b) Computerized Information System.--Such subsection is further
amended--
(1) in paragraph (2)--
(A) by striking ``available through each military''
and inserting ``a''; and
(B) by striking ``all other military relocation
assistance programs'' and inserting ``the relocation
assistance programs''; and
(2) in paragraph (3), by striking ``Duties of each military
relocation assistance program shall include assisting'' and
inserting ``Assistance shall be provided to''.
(c) Director.--Subsection (d) of such section is amended to read as
follows:
``(d) Program Manager.--The Secretary of Defense shall establish
the position of Program Manager of Military Relocation Assistance in
the office of the Assistant Secretary of (Manpower and Reserve
Affairs). The Program Manager shall oversee development and
implementation of relocation assistance under this section.''.
SEC. 543. ENFORCEMENT OF RIGHTS UNDER CHAPTER 43 OF TITLE 38, UNITED
STATES CODE, WITH RESPECT TO A STATE OR PRIVATE EMPLOYER.
(a) Action for Relief.--
(1) 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).''.
(2) Attorney general notice to servicemember of decision.--
Paragraph (2) of such subsection is amended to read as follows:
``(2)(A) Not later than 60 days after the date the Attorney
General receives a referral under paragraph (1), the Attorney
General shall transmit, in writing, to the person on whose
behalf the complaint is submitted--
``(i) if the Attorney General has made a decision
about whether the United States will commence an action
for relief under paragraph (1) relating to the
complaint of the person, notice of the decision; and
``(ii) if the Attorney General has not made such a
decision, notice of when the Attorney General expects
to make such a decision.
``(B) If the Attorney General notifies a person of when the
Attorney General expects to make a decision under subparagraph
(A)(ii), the Attorney General shall, not later than 30 days
after the date on which the Attorney General makes such
decision, notify, in writing, the person of such decision.''.
(3) Pattern or practice cases.--Such subsection is further
amended--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) (as amended by
paragraph (2) of this subsection) the following new
paragraph (3):
``(3) Whenever the Attorney General has reasonable cause to
believe that a State (as an employer) or a private employer is
engaged in a pattern or practice of resistance to the full
enjoyment of any of the rights or benefits secured by this
chapter, the Attorney General may commence an action under this
chapter.''.
(4) Actions by private persons.--Subparagraph (C) of
paragraph (4) of such subsection, as redesignated by paragraph
(3)(A), is amended by striking ``refused'' and all that follows
and inserting ``notified by the Department of Justice that the
Attorney General does not intend to bring a civil action.''.
(5) Conforming amendment.--Subsection (h)(2) of such
section is amended by striking ``subsection (a)(2)'' and
inserting ``subsection (a)(1) or subsection (a)(4)''.
(b) Sovereign Immunity.--Paragraph (2) of subsection (b) of section
4323 of such title is amended to read as follows:
``(2)(A) In the case of an action against a State (as an
employer), any instrumentality of a State, or any officer or
employee of a State or instrumentality of a State acting in
that officer or employee's official capacity, by any person,
the action may be brought in the appropriate district court of
the United States or in a State court of competent
jurisdiction, and the State, instrumentality of the State, or
officer or employee of the State or instrumentality acting in
that officer or employee's official capacity shall not be
immune under the Eleventh Amendment of the Constitution, or
under any other doctrine of sovereign immunity, from such
action.
``(B)(i) No State, instrumentality of such State, or
officer or employee of such State or instrumentality of such
State, acting in that officer or employee's official capacity,
that receives or uses Federal financial assistance for a
program or activity shall be immune, under the Eleventh
Amendment of the Constitution or under any other doctrine of
sovereign immunity, from suit in Federal or State court by any
person for any violation under this chapter related to such
program or activity.
``(ii) In an action against a State brought pursuant to
subsection (a), a court may award the remedies (including
remedies both at law and in equity) that are available under
subsections (d) and (e).''.
(c) Venue for Cases Against Private Employers.--Subsection (c)(2)
of such section is amended by striking ``United States district court
for any district in which the private employer of the person maintains
a place of business.'' and inserting ``United States district court
for--
``(A) any district in which the employer maintains
a place of business;
``(B) any district in which a substantial part of
the events or omissions giving rise to the claim
occurred; or
``(C) if there is no district in which an action
may otherwise be brought as provided in subparagraph
(A) or (B), any district in which the employer is
subject to the court's personal jurisdiction with
respect to such action.''.
(d) Compensatory and Punitive Damages.--
(1) In general.--Subsection (d)(1) of such section is
amended by striking subparagraph (C) and inserting the
following new subparagraphs:
``(C) The court may require the employer to pay the person
compensatory damages suffered by reason of such employer's failure to
comply with the provisions of this chapter.
``(D) The court may require the employer (other than a government,
government agency, or political subdivision) to pay the person punitive
damages if the court determines that the employer failed to comply with
the provisions of this chapter with reckless indifference to the
federally protected rights of the person.
``(E) The sum of the amount of compensatory damages awarded under
subparagraph (C) and the amount of punitive damages awarded under
subparagraph (D) may not exceed, for each person the following:
``(i) In the case of an employer who has more than 14 and
fewer than 101 employees in each of 20 or more calendar weeks
in the current or preceding calendar year, $50,000.
``(ii) In the case of an employer who has more than 100 and
fewer than 201 employees in each of 20 or more calendar weeks
in the current or preceding calendar year, $100,000.
``(iii) In the case of an employer who has more than 200
and fewer than 501 employees in each of 20 or more calendar
weeks in the current or preceding calendar year, $200,000.
``(iv) In the case of an employer who has more than 500
employees in each of 20 or more calendar weeks in the current
or preceding calendar year, $300,000.''.
(2) Conforming amendment.--Subsection (d)(2) of such
section is amended to read as follows:
``(2)(A) Any compensation awarded under subparagraph (B), (C), or
(D) of paragraph (1) shall be in addition to, and shall not diminish,
any of the other rights and benefits provided for under this chapter.
``(B) In the case of an action commenced in the name of the United
States for which the relief includes compensation awarded under
subparagraph (B), (C), or (D) of paragraph (1), such compensation shall
be held in a special deposit account and shall be paid, on order of the
Attorney General, directly to the person. If the compensation is not
paid to the person because of inability to do so within a period of 3
years, the compensation shall be covered into the Treasury of the
United States as miscellaneous receipts.''.
(e) Standing.--Subsection (f) of such section is amended--
(1) by inserting ``by the United States or'' after ``may be
initiated only''; and
(2) by striking ``or by the United States under subsection
(a)(1)''.
(f) Civil Investigative Demands.--Such section is further amended
by adding at the end the following new subsection:
``(j) Issuance and Service of Civil Investigative Demands by
Attorney General.--(1) Whenever the Attorney General has reason to
believe that any person may be in possession, custody, or control of
any documentary material relevant to an investigation under this
chapter, the Attorney General may, before commencing a civil action
under subsection (a), issue in writing and cause to be served upon such
person, a civil investigative demand requiring--
``(A) the production of such documentary material for
inspection and copying;
``(B) that the custodian of such documentary material
answer in writing written questions with respect to such
documentary material; or
``(C) the production of any combination of such documentary
material or answers.
``(2) The provisions governing the authority to issue, use, and
enforce civil investigative demands under section 3733 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) a reference in that section to false claims law
investigators or investigations shall be applied as referring
to investigators or investigations under this chapter;
``(B) a reference to interrogatories shall be applied as
referring to written questions, and answers to such need not be
under oath;
``(C) the statutory definitions for purposes of that
section relating to `false claims law' shall not apply; and
``(D) provisions of that section relating to qui tam
relators shall not apply.''.
(g) Pension Contribution Calculations.--Subsection (b) of section
4318 of such title is amended--
(1) in paragraph (3)(B), by striking ``on the basis of''
and all that follows and inserting ``on the basis specified in
paragraph (4).''; and
(2) by adding at the end the following new paragraph:
``(4) The basis for a computation under paragraph (3) to
which subparagraph (B) of that paragraph applies is as follows:
``(A) If the period of service described in
subsection (a)(2)(B) is one year or less, the
computation shall be made on the basis of the
employee's average rate of compensation during the 12-
month period immediately preceding such period or, if
shorter, the period of employment immediately preceding
such period.
``(B) If the period of such service is more than
one year, the computation shall be made on the basis of
the average rate of compensation during such period of
service of employees of that employer who are similarly
situated to the servicemember in terms of having
similar seniority, status, and pay.''.
(h) Disability Discovered After Employee Resumes Employment.--
Subsection (a)(3) of section 4313 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,''.
(i) Burden of Identifying Proper Reemployment Positions.--Section
4313 of such title is amended by adding at the end the following new
subsection:
``(c) For purposes of this section, the employer shall have the
burden of identifying the appropriate reemployment positions.''.
SEC. 544. ENHANCED ROLE FOR DEPARTMENT OF JUSTICE UNDER MILITARY
LENDING ACT.
(a) Enforcement by the Attorney General.--Subsection (f) of section
987 of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(7) Enforcement by the attorney general.--
``(A) In general.--The Attorney General may
commence a civil action in any appropriate district
court of the United States against any person who--
``(i) engages in a pattern or practice of
violating this section; or
``(ii) engages in a violation of this
section that raises an issue of general public
importance.
``(B) Relief.--In a civil action commenced under
subparagraph (A), the court--
``(i) may grant any appropriate equitable
or declaratory relief with respect to the
violation of this section;
``(ii) may award all other appropriate
relief, including monetary damages, to any
person aggrieved by the violation; and
``(iii) may, to vindicate the public
interest, assess a civil penalty--
``(I) in an amount not exceeding
$110,000 for a first violation; and
``(II) in an amount not exceeding
$220,000 for any subsequent violation.
``(C) Intervention.--Upon timely application, a
person aggrieved by a violation of this section with
respect to which the civil action is commenced may
intervene in such action, and may obtain such
appropriate relief as the person could obtain in a
civil action under paragraph (5) with respect to that
violation, along with costs and a reasonable attorney
fee.
``(D) Issuance and service of civil investigative
demands.--Whenever the Attorney General, or a designee,
has reason to believe that any person may be in
possession, custody, or control of any documentary
material relevant to an investigation under this
section, the Attorney General, or a designee, may,
before commencing a civil action under subparagraph
(A), issue in writing and cause to be served upon such
person, a civil investigative demand requiring--
``(i) the production of such documentary
material for inspection and copying;
``(ii) that the custodian of such
documentary material answer in writing written
questions with respect to such documentary
material; or
``(iii) the production of any combination
of such documentary material or answers.
``(E) Relationship to false claims act.--The
statutory provisions governing the authority to issue,
use, and enforce civil investigative demands under
section 3733 of title 31 (known as the `False Claims
Act') shall govern the authority to issue, use, and
enforce civil investigative demands under subparagraph
(D), except that--
``(i) any reference in that section to
false claims law investigators or
investigations shall be applied for purposes of
subparagraph (D) as referring to investigators
or investigations under this section;
``(ii) any reference in that section to
interrogatories shall be applied for purposes
of subparagraph (D) as referring to written
questions and answers to such need not be under
oath;
``(iii) the statutory definitions for
purposes of that section relating to `false
claims law' shall not apply; and
``(iv) provisions of that section relating
to qui tam relators shall not apply.''.
(b) Consultation With Department of Justice.--Subsection (h)(3) of
such section is amended by adding at the end the following new
subparagraph:
``(H) The Department of Justice.''.
(c) U.S.C. Cross-References.--Such section is further amended--
(1) in subsection (e)(2), by inserting ``(50 U.S.C. 3901 et
seq.)'' after ``Servicemembers Civil Relief Act''; and
(2) in subsection (g), by striking ``(50 U.S.C. App. 527)''
and inserting ``(50 U.S.C. 3937)''.
SEC. 545. REVISION FROM STATUTORY REQUIREMENT TO DISCRETIONARY
AUTHORITY FOR DESIGNATION BY MILITARY JUDGE OF AN
INDIVIDUAL TO ASSUME THE RIGHTS OF THE VICTIM OF AN
OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE WHEN
THE VICTIM IS A MINOR, INCOMPETENT, INCAPACITATED, OR
DECEASED.
Section 806b(c) of title 10, United States Code (article 6b(c) of
the Uniform Code of Military Justice), is amended by striking ``shall''
and inserting ``may''.
SEC. 546. TRANSFER OF PROVISION RELATING TO EXPENSES INCURRED IN
CONNECTION WITH LEAVE CANCELED DUE TO CONTINGENCY
OPERATIONS.
(a) Reimbursement for Expenses Incurred by Members in Connection
With Leave Canceled Due to Contingency Operations.--Chapter 40 of title
10, United States Code, is amended by inserting after section 709 the
following new section:
``Sec. 709a. Expenses incurred in connection with leave canceled due to
contingency operations: reimbursement
``(a) Authorization To Reimburse.--The Secretary concerned may
reimburse a member of the armed forces under the jurisdiction of the
Secretary for travel and related expenses (to the extent not otherwise
reimbursable under law) incurred by the member as a result of the
cancellation of previously approved leave when--
``(1) the leave is canceled in connection with the member's
participation in a contingency operation; and
``(2) the cancellation occurs within 48 hours of the time
the leave would have commenced.
``(b) Regulations.--The Secretary of Defense and, in the case of
the Coast Guard when it is not operating as a service in the Navy, the
Secretary of Homeland Security shall prescribe regulations to establish
the criteria for the applicability of subsection (a).
``(c) Conclusiveness of Settlement.--The settlement of an
application for reimbursement under subsection (a) is final and
conclusive.''.
(b) Table of Sections.--The table of sections at the beginning of
chapter 40 of such title is amended by inserting after the item
relating to section 709 the following new item:
``709a. Expenses incurred in connection with leave canceled due to
contingency operations: reimbursement.''.
(c) Repeal of Superseded Authority.--Section 453 of title 37,
United States Code, is amended by striking subsection (g).
SEC. 547. CODIFICATION AND REVISION OF AUTHORITY TO CONDUCT PROGRAMS ON
CAREER FLEXIBILITY TO ENHANCE RETENTION OF MEMBERS OF THE
ARMED FORCES.
(a) Codification and Permanent Authority.--Chapter 40 of title 10,
United States Code, is amended by adding at the end a new section 710
consisting of--
(1) a heading as follows:
``Sec. 710. Career flexibility to enhance retention of members'';
and
(2) a text consisting of the text of subsections (a)
through (h) of section 533 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. prec.
701 note), as amended by section 523 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92).
(b) Revision to Active Service Obligation.--Section 710 of title
10, United States Code, as added by subsection (a), is amended--
(1) in subsection (c)(3), by striking ``to serve'' and all
that follows and inserting ``to serve in active service for a
period of time (if any) specified in the agreement.''; and
(2) in subsection (d), by inserting before the period at
the end the following: ``and the procedures and standards to be
used to determine the period of active service (if any) to be
specified in the agreement under paragraph (3) of that
subsection''.
(c) Amendments To Remove References to Program as a Pilot
Program.--Such section is further amended--
(1) by striking ``pilot'' each place it appears; and
(2) in subsection (a)--
(A) by striking ``pilot programs authorized'' and
all that follows through ``each secretary'' and
inserting ``Programs Authorized.--Each Secretary''; and
(B) by striking paragraph (2).
(d) Amendments To Conform to Title 10 Usage.--
(1) References to armed forces.--Such section is further
amended--
(A) in subsection (a), as amended by subsection (c)
of this section--
(i) by striking ``officers and enlisted'';
and
(ii) by striking ``and Full Time Support
personnel of the reserve components of the
Armed Forces'';
(B) in subsection (c)(1), by striking ``of the
Armed Force concerned'' and inserting ``of the armed
force concerned''; and
(C) in subsections (a)(2), (c), (e), and (h), by
striking ``Armed Forces'' each place it appears and
inserting ``armed forces''.
(2) References to active duty.--Such section is further
amended by striking ``active duty'' each place it appears
(other than in subsection (h) and including in subsection
headings) and inserting ``active service''.
(3) United states code cross-references.--Such section is
further amended--
(A) by striking ``, United States Code.'' each
place it appears and inserting a period;
(B) by striking ``, United States Code,'' each
place it appears other than in subsection (f)(5);
(C) in subsections (f)(5) and (h)(1), by striking
``, United States Code''; and
(D) by striking ``of title 10'' each place it
appears and inserting ``of this title''.
(e) Other Conforming Amendments.--Such section is further amended--
(1) in subsection (d), by striking ``issue'' and inserting
``prescribe''; and
(2) in subsection (f)(4)(A), by striking ``section 404''
and inserting ``section 474''.
(f) Repeal of Superseded Pilot Program Authority.--Section 533 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (10 U.S.C. prec. 701 note) is repealed.
SEC. 548. PARENTAL LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) Expanded Parental Leave Authority.--
(1) Members of the armed forces.--
(A) In general.--Chapter 40 of title 10, United
States Code, is amended by inserting after section 701
the following new section:
``Sec. 701a. Parental leave
``(a) Leave Authorized.--A member of the armed forces who is
performing active service may be allowed leave under this section for
each instance in which the member becomes a parent as a result of the
member's spouse giving birth.
``(b) Amount of Leave.--Leave under this section shall be 14 days,
under regulations prescribed under this section by the Secretary
concerned.
``(c) Duration of Availability of Leave.--Leave under this section
is lost as follows:
``(1) If not used within one year of the date of the birth
giving rise to the leave.
``(2) If the member having the leave becomes entitled to
leave under this section with respect to a different child.
``(3) If not used before separation from active service.
``(d) Coordination With Other Leave Authorities.--Leave granted
under this section is in addition to any other leave and may not be
deducted or charged against other leave authorized by this chapter.
``(e) Regulations.--This section shall be carried out under
regulations prescribed by the Secretary concerned. Regulations
prescribed under this section by the Secretaries of the military
departments shall be as uniform as practicable and shall be subject to
approval by the Secretary of Defense.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 701 the following
new item:
``701a. Parental leave.''.
(2) Conforming amendment.--Section 701(j) of such title is
repealed.
(b) Adoptions by Dual-Service Couples.--Section 701(i) of such
title is amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``, except that in the event that two
members of the armed forces who are married to each other adopt
a child in a qualifying child adoption, one such member shall
be allowed up to 21 days of leave and the other shall be
allowed up to 14 days of leave'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(c) Coverage of Commissioned Officers of the Public Health
Service.--Section 221(a) of the Public Health Service Act (42 U.S.C.
213a(a)) is amended by adding at the end the following new paragraph:
``(19) Section 701(i) and 701a, Adoption Leave and Parental
Leave.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2017 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2017 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2017, the rates
of monthly basic pay for members of the uniformed services are
increased by 1.6 percent.
SEC. 602. ALLOWANCE OF PAYMENTS PURSUANT TO POWER OF ATTORNEY.
Section 602(e) of title 37, United States Code, is amended by
inserting after ``court of competent jurisdiction'' the following: ``or
the member has granted authority to an individual to manage these funds
pursuant to a valid and legally executed durable power of attorney,''.
Subtitle B--Bonuses and Special Incentive Pays
SEC. 611. EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g) of
title 37, United States Code, relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service is amended by striking ``December
31, 2016'' and inserting ``the date of the enactment of an Act
authorizing appropriations for fiscal year 2018 for military activities
of the Department of Defense''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2016'' and inserting ``The date of the
enactment of an Act authorizing appropriations for fiscal year 2018 for
military activities of the Department of Defense'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Title 37 Authorities Relating to Health Care Professionals.--
The following sections of title 37, United States Code, are amended by
striking ``December 31, 2016'' and inserting ``the date of the
enactment of an Act authorizing appropriations for fiscal year 2018 for
military activities of the Department of Defense'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for
medical officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
(d) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code is amended by striking ``December 31,
2016'' and inserting ``the date of the enactment of an Act authorizing
appropriations for fiscal year 2018 for military activities of the
Department of Defense''.
(e) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2016''
and inserting ``the date of the enactment of an Act authorizing
appropriations for fiscal year 2018 for military activities of the
Department of Defense'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to bonus and incentive pay
authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve Officers'
Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(f) Other Title 37 Bonus and Special Pay Authorities.--The
following sections of title 37, United States Code, are amended by
striking ``December 31, 2016'' and inserting ``the date of the
enactment of an Act authorizing appropriations for fiscal year 2018 for
military activities of the Department of Defense'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 324(g), relating to accession bonus for new
officers in critical skills.
(4) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease personnel
shortage.
(5) Section 327(h), relating to incentive bonus for
transfer between the Armed Forces.
(6) Section 330(f), relating to accession bonus for officer
candidates.
(g) Authority To Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States
Code, is amended by striking ``December 31, 2016'' and inserting ``the
date of the enactment of an Act authorizing appropriations for fiscal
year 2018 for military activities of the Department of Defense''.
SEC. 612. CONFORMING AMENDMENT TO CONSOLIDATION OF SPECIAL PAY,
INCENTIVE PAY, AND BONUS AUTHORITIES.
Section 332(c)(1)(B) of title 37, United States Code, is amended by
striking ``$12,000'' and inserting ``$20,000''.
SEC. 613. TECHNICAL AND CLERICAL AMENDMENTS RELATING TO 2008
CONSOLIDATION OF CERTAIN SPECIAL PAY AUTHORITIES.
(a) Family Care Plans.--Section 586 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C.
991 note) is amended by inserting ``or 351'' after ``section 310''.
(b) Dependents' Medical Care.--Section 1079(g)(1) of title 10,
United States Code, is amended by inserting ``or 351'' after ``section
310''.
(c) Retention on Active Duty During Disability Evaluation
Process.--Section 1218(d)(1) of title 10, United States Code, is
amended by inserting ``or 351'' after ``section 310''.
(d) Storage Space.--Section 362(1) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2825 note) is amended by inserting ``, or paragraph (1) or (3)
of section 351(a),'' after ``section 310''.
(e) Student Assistance Programs.--Sections 455(o)(3)(B) and
465(a)(2)(D) of the Higher Education Act of 1965 (20 U.S.C.
1087e(o)(3)(B), 1087ee(a)(2)(D)) are amended by inserting ``or
paragraph (1) or (3) of section 351(a).'' after ``section 310''.
(f) Armed Forces Retirement Home.--Section 1512(a)(3)(A) of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 412(a)(3)(A)) is
amended by inserting ``or 351'' after ``section 310''.
(g) Veterans of Foreign Wars Membership.--Section 230103(3) of
title 36, United States Code, is amended by inserting ``or 351'' after
``section 310''.
(h) Military Pay and Allowances.--Title 37, United States Code, is
amended--
(1) in section 212(a), by inserting ``, or paragraph (1) or
(3) of section 351(a),'' after ``section 310'';
(2) in section 402a(b)(3)(B), by inserting ``or 351'' after
``section 310'';
(3) in section 481a(a), by inserting ``or 351'' after
``section 310'';
(4) in section 907(d)(1)(H), by inserting ``or 351'' after
``section 310''; and
(5) in section 910(b)(2)(B), by inserting ``, or paragraph
(1) or (3) of section 351(a),'' after ``section 310''.
(i) Exclusions From Income for Purpose of Supplemental Security
Income.--Section 1612(b)(20) of the Social Security Act (42 U.S.C.
1382a(b)(20)) is amended by inserting ``, or paragraph (1) or (3) of
section 351(a),'' after ``section 310''.
(j) Exclusions From Income for Purpose of Head Start Program.--
Section 645(a)(3)(B)(i) of the Head Start Act (42 U.S.C.
9840(a)(3)(B)(i)) is amended by inserting ``or 351'' after ``section
310''.
(k) Exclusions From Gross Income for Federal Income Tax Purposes.--
Section 112(c)(5)(B) of the Internal Revenue Code of 1986 is amended by
inserting ``, or paragraph (1) or (3) of section 351(a),'' after
``section 310''.
SEC. 614. AUTHORITY FOR PAYMENT OF DEATH GRATUITY TO TRUSTS.
Section 1477(a) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting ``, or one
or more trusts legally established under any Federal,
State, or territorial law,'' after ``one or more
persons''; and
(B) in the second sentence, by inserting ``or
trust'' after ``person'' both places it appears; and
(2) in paragraph (2), by inserting ``, or a trust for the
benefit of a person other than the spouse,'' after ``other than
the spouse''.
SEC. 615. AUTHORITY TO WAIVE RECOUPMENT OF INVOLUNTARY SEPARATION PAY
FOR MEMBERS WHO SUBSEQUENTLY BECOME ENTITLED TO RETIRED
PAY.
Section 1174(h) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) The Secretary of Defense or the Secretary of Homeland
Security, with respect to the Coast Guard when it is not
operating as a service in the Navy, may waive the requirement
to repay separation or severance pay under paragraph (1) if
such Secretary determines that recovery would be against equity
and good conscience or would be contrary to the best interests
of the United States.''.
SEC. 616. INCREASE IN MAXIMUM AMOUNT OF AVIATION SPECIAL PAYS FOR
FLYING DUTY FOR OTHER THAN REMOTELY PILOTED AIRCRAFT.
Section 334(c)(1) of title 37, United States Code, is amended--
(1) In subparagraph (a), by striking ``not to exceed--''
and all that follows through ``flying duty;'' and inserting
``not to exceed $1,000 per month;''; and
(2) in subparagraph (B), by striking ``may not exceed'' and
all that follows and inserting ``may not exceed $35,000 for
each 12-month period of obligated service agreed to under
subsection (d).''.
Subtitle C--Retired Pay
SEC. 621. TERMINATION OF AUTOMATIC REENROLLMENT IN THRIFT SAVINGS PLAN.
Paragraph (2) of section 8432(b) of title 5, United States Code, as
amended by section 632(b) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. __), is amended by
striking subparagraph (F).
SEC. 622. MATCHING CONTRIBUTIONS.
Subclause (I) of section 8440e(e)(3)(B)(i) of title 5, United
States Code, as added by section 632(a)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
__), is amended by striking ``2 years'' and inserting ``4 years''.
SEC. 623. SEPARATION DETERMINATIONS FOR MEMBERS PARTICIPATING IN THE
THRIFT SAVINGS PLAN.
Paragraph (6) of section 8432(g) of title 5, United States Code, as
added by section 632(c)(2) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. __), is repealed.
SEC. 624. THRIFT SAVINGS PLAN DEFAULT INVESTMENT TYPE.
Paragraph (2) of section 8438(c) of title 5, United States Code, as
amended by section 632(d) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. __), is amended--
(1) in subparagraph (A), by striking ``If an'' and
inserting ``(A) Consistent with the requirements of
subparagraph (B), if an''; and
(2) by adding at the end the following new subparagraph:
``(B) Contributions made by a full TSP member (as defined in
section 8440e(a) of this title) in accordance with section 8432 of this
title shall be designated Roth contributions until the full TSP member
elects not to designate such contributions as Roth contributions.''.
SEC. 625. MAXIMUM AMOUNT OF THRIFT SAVINGS PLAN CONTRIBUTIONS; MATCHING
CONTRIBUTION PERCENTAGE INCREASE.
(a) Maximum Amount.--Paragraph (2) of section 8440e(e) of title 5,
United States Code, as added by section 632(a)(2) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. __), is amended by striking ``5 percent'' and inserting ``6
percent''.
(b) Matching Contribution Percentage Increase.--Paragraph (2) of
section 8432(c) of title 5, United States Code, is amended by adding at
the end the following new subparagraph:
``(D) Notwithstanding subparagraph (B), the amount
contributed under subparagraph (A) by an employing
agency with respect to a contribution of a full TSP
member (as defined in section 8440e(a) of this title)
during any pay period shall be the amount equal to such
portion of the total amount of the member's
contribution as does not exceed 5 percent of such
member's basic pay for such period.''.
SEC. 626. DURATION OF THRIFT SAVINGS PLAN CONTRIBUTIONS.
Paragraph (3) of section 8440e(e) of title 5, United States Code,
as added by section 632(a)(2) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. __), is amended--
(1) in subparagraph (A)--
(A) by striking clause (ii);
(B) by striking ``pay period during'' and all that
follows through ``begins--'' and inserting ``pay period
that begins--'';
(C) by redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively, and moving the
margins of such clauses, as so redesignated, 2 ems to
the left; and
(D) in clause (ii), as redesignated by subparagraph
(C), by striking ``; and'' and inserting a period; and
(2) in subparagraph (B)--
(A) by striking clause (ii);
(B) by striking ``pay period during'' and all that
follows through ``begins--'' and inserting ``pay period
that begins--'';
(C) by redesignating subclauses (I) and (II) (as
amended by section 622 of this subtitle) as clauses (i)
and (ii), respectively, and moving the margins of such
clauses, as so redesignated, 2 ems to the left; and
(D) in clause (ii), as redesignated by subparagraph
(C), by striking ``; and'' and inserting a period.
SEC. 627. ELECTION PERIOD TO PARTICIPATE IN THE MODERNIZED RETIREMENT
SYSTEM.
Subparagraph (C) of section 1409(b)(4) of title 10, United States
Code, as added by section 631(a) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. __), is
amended--
(1) in clause (i), by striking ``and (iii)'' and inserting
``, (iii), (iv) and (v)''; and
(2) by adding at the end the following new clauses:
``(iv) Cadets and midshipmen, etc.--A
member of a uniformed service who serves as a
cadet, midshipman, or member of the Senior
Reserve Officers' Training Corps during the
election period specified in clause (i) shall
make the election described in subparagraph
(B)--
``(I) on or after the date on which
such cadet, midshipman, or member of
the Senior Reserve Officers' Training
Corps is appointed as a commissioned
officer or otherwise begins to receive
basic pay; and
``(II) not later than 30 days after
such date or the end of such election
period, whichever is later.
``(v) Inactive reservists.--A member of a
reserve component who is not in an active
status during the election period specified in
clause (i) shall make the election described in
subparagraph (B)--
``(I) on or after the date on which
such member is transferred from an
inactive status to an active status or
active duty; and
``(II) not later than 30 days after
such date or the end of such election
period, whichever is later.''.
SEC. 628. COMBAT-RELATED SPECIAL COMPENSATION COORDINATING AMENDMENT.
Subparagraph (B) of section 1413a(b)(3) of title 10, United States
Code, is amended by striking ``2\1/2\ percent of the member's years of
creditable service'' and inserting ``the retired pay multiplier
determined for the member under section 1409 of this title''.
SEC. 629. DISCRETIONARY CONTINUATION PAY FOR MEMBERS WHO HAVE COMPLETED
8 TO 16 YEARS OF SERVICE.
(a) Continuation Pay.--Section 356 of title 37, United States Code,
as added by section 634 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. __), is amended--
(1) in the heading, by striking ``12 years'' and inserting
``not less than 8 and not more than 16 years'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``shall'' and inserting ``may'';
(B) by striking paragraph (1) and inserting the
following:
``(1) has completed not less than 8 and not more than 16
years of service in a uniformed service; and''; and
(C) in paragraph (2), by striking ``an additional 4
years'' and inserting ``not less than 3 additional
years'';
(3) by amending subsection (b) to read as follows:
``(b) Payment Amount.--The Secretary concerned shall determine the
payment amount under this section as a multiple of a full TSP member's
monthly basic pay. The maximum amount the Secretary concerned may pay
the member under this section is--
``(1) in the case of a member of a regular component or in
a reserve component if the member is performing active Guard
and Reserve duty (as defined in section 101(d)(6) of title 10),
13 times the amount of the monthly basic pay payable to the
member for the month during which the agreement is entered
into; and
``(2) in the case of any member not covered by paragraph
(1), 6 times the amount of monthly basic pay to which the
member would be entitled for the month during which the
agreement under subsection (a)(2) is entered into if the member
were serving on active duty at the time the agreement is
entered into.'';
(4) in subsection (c), by striking ``required'' and
inserting ``that may be paid''; and
(5) by amending subsection (d) to read as follows:
``(d) Timing of Payment.--The Secretary concerned shall pay
continuation pay under subsection (a) to a full TSP member when the
member has completed not less than 8 and not more than 16 years of
service in a uniformed service.''.
(b) Clerical Amendment to Table of Sections.--The item relating to
section 356 in the table of sections at the beginning of chapter 5 of
title 37, United States Code, as added by section 634(b) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. __), is amended by striking ``12 years'' and
inserting ``not less than 8 and not more than 16 years''.
SEC. 630. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect on January
1, 2018, immediately after the amendments made by the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92).
Subtitle D--Survivor Benefits
SEC. 631. BENEFITS FOR SURVIVORS OF MEMBERS DYING WHILE IN INACTIVE-
DUTY TRAINING STATUS.
(a) Treatment of Inactive-Duty Training Deaths in Same Manner as
Active Duty Deaths.--
(1) Section 1451(c)(1)(A) of title 10, United States Code,
is amended--
(A) in clause (i)--
(i) by inserting ``or 1448(f)(1)(B)'' after
``section 1448(d)''; and
(ii) by inserting ``or (iii)'' after
``clause (ii)''; and
(B) in clause (iii)--
(i) by striking ``section 1448(f) of this
title'' and inserting ``section 1448(f)(1)(A)
of this title by reason of the death of a
member or former member not in line of duty'';
and
(ii) by striking ``active''.
(2) Application of amendments.--No annuity benefit under
the Survivor Benefit Plan shall accrue to any person by reason
of the amendments made by paragraph (1) for any period before
the date of the enactment of this Act. With respect to an
annuity under the Survivor Benefit Plan for a death occurring
on or after September 10, 2001, and before the date of the
enactment of this Act, the Secretary concerned shall recompute
the benefit amount to reflect the amendments made by
subparagraphs (A) and (B)(i) of paragraph (1), effective for
months beginning after the date of the enactment of this Act.
The amendment made by subparagraph (B)(ii) of such paragraph
shall apply only with respect to an annuity under the Survivor
Benefit Plan for a death occurring on or after the date of the
enactment of this Act.
(b) Consistent Treatment of Dependent Children.--
(1) In general.--Paragraph (2) of section 1448(f) of title
10, United States Code, is amended to read as follows:
``(2) Dependent children annuity.--
``(A) Annuity when no eligible surviving spouse.--
In the case of a person described in paragraph (1), the
Secretary concerned shall pay an annuity under this
subchapter to the dependent children of that person
under subsection (a)(2) or (a)(4) of section 1450 of
this title as applicable.
``(B) Optional annuity when there is an eligible
surviving spouse.--The Secretary may pay an annuity
under this subchapter to the dependent children of a
person described in paragraph (1) under subsection
(a)(3) or (a)(4) of section 1450 of this title, if
applicable, instead of paying an annuity to the
surviving spouse under paragraph (1), if the Secretary
concerned, in consultation with the surviving spouse,
determines it appropriate to provide an annuity for the
dependent children under this paragraph instead of an
annuity for the surviving spouse under paragraph
(1).''.
(2) Elections for deaths before date of enactment.--For any
death that occurred before the date of the enactment of this
Act with respect to which an annuity under the Survivor Benefit
Plan is being paid (or could be paid) to a surviving spouse,
the Secretary concerned may, within six months of such date of
enactment and in consultation with the surviving spouse,
determine it appropriate to provide an annuity for the
dependent children of the decedent under section 1448(f)(2)(B)
of title 10, United States Codes, as added by paragraph (1),
instead of an annuity for the surviving spouse. Any such
determination and resulting change in beneficiary shall be
effective as of the first day of the first month following the
date of the determination and shall apply with respect to
benefit payments for months beginning on or after that day.
(c) Deemed Elections.--
(1) Section 1448(f) of title 10, United States Code, as
amended by subsection (b), is further amended by adding at the
end the following new paragraph:
``(5) Deemed election to provide an annuity for
dependent.--In the case of a person described in paragraph (1)
who dies on or after the date of the enactment of this
paragraph, the Secretary concerned may, if no other annuity is
payable on behalf of that person under this subchapter, pay an
annuity to a natural person who has an insurable interest in
such person as if the annuity were elected by the person under
subsection (b)(1). The Secretary concerned may pay such an
annuity under this paragraph only in the case of a person who
is a dependent of that deceased person (as defined in section
1072(2) of this title). An annuity under this paragraph shall
be computed in the same manner as provided under subparagraph
(B) of subsection (d)(6) for an annuity under that
subsection.''.
(2) Effective date.--No annuity payment under paragraph (5)
of section 1448(f) of title 10, United States Code, as added by
paragraph (1), may be made for any period before the date of
the enactment of this Act
(d) Definitions.--For purposes of this section:
(1) The term ``Survivor Benefit Plan'' means the program
established under subchapter II of chapter 73 of title 10,
United States Code.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101 of title 37, United States Code.
SEC. 632. TECHNICAL AMENDMENTS TO SURVIVOR BENEFIT PLAN STATUTE.
(a) Amendment To Clarify Definition of Surviving Spouse.--
(1) Incorporation of deaths on active duty, etc.--
Paragraphs (7) and (8) of section 1447 of title 10, United
States Code, are amended to read as follows:
``(7) Widow.--The term `widow' means the surviving wife of
a person who--
``(A) died on active duty under the circumstances
described in section 1448(d) of this title;
``(B) died when or before eligible to elect a
reserve-component annuity under the circumstances
described in section 1448(f) of this title; or
``(C) died under circumstances other than those
described in subparagraphs (A) and (B) and if the
surviving wife was not married to the person at the
time the person became eligible for retired pay--
``(i) was married to the person for at
least one year immediately before the person's
death; or
``(ii) is the mother of issue by that
marriage.
``(8) Widower.--The term `widower' means the surviving
husband of a person who--
``(A) died on active duty under the circumstances
described in section 1448(d) of this title;
``(B) died when or before eligible to elect a
reserve-component annuity under the circumstances
described in section 1448(f) of this title; or
``(C) died under circumstances other than those
described in subparagraphs (A) and (B) and, if the
surviving husband was not married to the person at the
time the person became eligible for retired pay--
``(i) was married to the person for at
least one year immediately before the person's
death; or
``(ii) is the father of issue by that
marriage.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as of September 10, 2001, and shall apply
with respect to deaths occurring on or after that date, as if
included in the amendments made by section 642 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
107; 115 Stat. 1151) when enacted.
(b) Cross-Reference Corrections.--
(1) Section 1451 of title 10, United States Code, is
amended by striking ``section 1450(a)(4)'' in subsections
(a)(1), (a)(2), (b)(1), and (b)(2) and inserting ``section
1450(a)(5)''.
(2) Section 1452 of such title is amended by striking
``section 1450(a)(4)'' in subsections (c)(1) and (c)(3) and
inserting ``section 1450(a)(5)''.
Subtitle E--Other Provisions Related to Retired Pay
SEC. 641. INCLUSION OF ACTIVE DUTY SERVICE FOR A PREPLANNED MISSION AS
ELIGIBLE SERVICE FOR REDUCTION OF ELIGIBILITY AGE FOR A
NON-REGULAR RETIREMENT.
Section 12731(f)(2)(B)(i) of title 10, United States Code, is
amended by inserting ``or 12304b'' after ``section 12301(d)''.
TITLE VII--HEALTHCARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. IMPROVED TRICARE HEALTH PLAN CHOICES.
(a) Reform of Health Care Enrollment System.--Section 1099(c) of
title 10, United States Code, is amended to read as follows:
``(c) Health Care Plans Available Under System.--Health care
services for covered beneficiaries under this chapter require
enrollment by the covered beneficiary, including payment of the
applicable enrollment fee, in one of the following health care plans:
``(1) TRICARE Select under section 1075 of this title.
``(2) TRICARE Choice under section 1075 of this title.
``(3) TRICARE-for-Life plan under section 1086(d) of this
title.
``(4) TRICARE Second Payer plan under section 1075 of this
title.''.
(b) Reform of Health Plans.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074n the following new
section:
``Sec. 1075. TRICARE health plan options
``(a) In General.--(1) This section establishes three principal
health plan enrollment options for covered beneficiaries under the
TRICARE program:
``(A) TRICARE Select (the managed care option);
``(B) TRICARE Choice (the self-managed option); and
``(C) the Second Payer Option.
``(2) An additional option, the TRICARE-for-Life option, is
established under section 1086(d) of this chapter.
``(b) Beneficiary Categories for Enrollment Eligibility.--
``(1) Beneficiary categories.--The beneficiary categories
for purposes of eligibility to enroll in a health plan option
under this section and cost-sharing requirements applicable to
those options are as follows:
``(A) Active-duty members.--This category consists
of beneficiaries who are covered by section 1074(a) of
this title.
``(B) Active-duty family members.--This category
consists of beneficiaries who are--
``(i) covered by section 1079 of this title
(as dependents of active duty members);
``(ii) disability retirees and their family
members covered by section 1086(c)(1) of this
title by reason of being retired under chapter
61 of this title or being a dependent of such a
member; or
``(iii) survivors covered by section
1086(c)(2) of this title.
``(C) Retired.--This category consists of
beneficiaries covered by section 1086(c) of this title
other than those beneficiaries referred to in paragraph
(B) (ii) or (iii).
``(c) TRICARE Select Option.--
``(1) In general.--The Secretary of Defense shall establish
in areas in which a facility of the uniformed services (other
than a facility limited to members of the armed forces) is
located the TRICARE Select Option, to provide reduced cost-
sharing amounts for enrolled beneficiaries whose care is
provided by or managed by a designated primary care manager and
network providers. TRICARE Select is the managed care option.
``(2) Eligibility.--
``(A) A beneficiary in the active duty family
member beneficiary category (as described in paragraph
(b)(1)(B) of this section) is eligible to enroll in the
TRICARE Select Option.
``(B) A beneficiary in the retired beneficiary
category (as described in paragraph (b)(1)(C)) is
eligible to enroll in the Managed Care Option in
selected locations to the extent a facility of the
uniformed services in the location has, in the judgment
of the Secretary, a significant number of uniformed
health care providers, including specialty providers,
and sufficient capability to support efficient
operation of the TRICARE Select Option in the area for
the projected enrollees.
``(C) Notwithstanding subparagraphs (A) and (B), a
beneficiary under sections 1076d, 1076e, 1078a, or
1086(d)(2) is not eligible to enroll in TRICARE Select.
``(3) Referral required.--A TRICARE Select Option enrollee
shall, subject to such regulations as the Secretary of Defense
may establish, be required to obtain care or a referral for
care from a designated primary care manager (or other care
coordinator) prior to obtaining care under the TRICARE program.
In the case of an unexcused failure to obtain such referral,
the cost-sharing requirement for such care (referred to as
point-of-service charges) shall be equal to the amount that is
50 percent of the allowed charge for such care.
``(d) TRICARE Choice Option.--
``(1) In general.--The Secretary of Defense shall establish
in all areas a TRICARE Choice Option under which eligible
beneficiaries will generally not have restrictions on their
freedom of choice of health care providers. TRICARE Choice is a
self-managed option.
``(2) Eligibility.--A beneficiary in the active duty family
member beneficiary category or the retired beneficiary category
is eligible to enroll in the TRICARE Choice Option.
``(e) Cost-Sharing Requirements Under the TRICARE Select Option and
the TRICARE Choice Option.--This subsection establishes cost-sharing
requirements under the TRICARE Select Option and the TRICARE Choice
Option.
``(1) Enrollment fee.--Both options have an annual
enrollment fee as a pre-condition for benefits under that
option.
``(2) Deductible amount.--Neither option has a deductible
for health care services received from network providers. Both
options have a deductible amount for health care services
received from non-network providers. The deductible amount
refers to the initial cost incurred by an individual or family
unit during a calendar year for services provided by a non-
network provider before costs may be paid under the plan
option.
``(3) Copayments.--Under both options, copayments are
generally required for services provided outside of facilities
of the uniformed services and generally not required for
services inside such facilities.
``(4) Catastrophic cap.--Under both options, there is an
annual limitation on the amount of cost sharing that a family
may be required to pay. Upon reaching the applicable limit,
certain further cost-sharing requirements are waived.
Enrollment fees and point-of-service charges do not count
against the catastrophic cap.
``(f) Cost-Sharing Amounts.--
``(1) Amounts in calendar year 2018.--Beneficiaries (other
than active duty members) enrolled in the TRICARE Select Option
and the TRICARE Choice Option shall be subject to cost-sharing
requirements in accordance with the amounts and percentages
under the following table during calendar year 2018 and as such
amounts are adjusted under paragraph (2) for subsequent years:
----------------------------------------------------------------------------------------------------------------
``ADFM Category Retired Category
-------------------------------------------------------------------
TRICARE Select TRICARE Choice TRICARE Select TRICARE Choice
Option Option Option Option
----------------------------------------------------------------------------------------------------------------
Fees, Deductible and Catastrophic Caps
Annual Enrollment Fee....................... $0 $0 $350 Individual $450 Individual
$700 Family $900 Family
Annual Deductible........................... $0 E4 and below $0 $300 Individual
(E4<)
$100 Individual $600 Family
$200 Family
E5 and above
(E5>)
$300 Individual
$600 Family
Annual Catastrophic Cap..................... $1,500 $1,500 $4,000 $4,000
Co-Pays (by Service Type).......................................................................................
Outpatient MTF Visit........................ $0 $0 $0 $0
Outpatient Civilian Visit................... $0 with $15 primary $20 primary $25 primary
authorization* network without network without
deductible deductible
$25 specialty $30 specialty $35 specialty
network without with network without
deductible authorization* deductible
20% out of 25% out of
network after network after
deductible deductible
ER Visit MTF................................ $0 $0 $0 $0
ER Visit Civilian........................... $0 $50 network $75 network $90 network
without without
deductible deductible
20% out of 25% out of
network after network after
deductible deductible
Urgent Care MTF............................. $0 $0 $0 $0
Urgent Care Civilian..................... $0 with $25 network $30 network $40 network
authorization* without with without
deductible authorization* deductible
20% out of 25% out of
network after network after
deductible deductible
Ambulatory Surgery MTF...................... $0 $0 $0 $0
Ambulatory Surgery Civilian................. $0 with $50 network $100 with $125 network
authorization* without authorization* without
deductible deductible
20% out of 25% out of
network after network after
deductible deductible
Ambulance Service MTF....................... $0 $0 $0 $0
Ambulance Service Civilian.................. $0 $15 $20 $25
Durable Medical Equipment MTF............... $0 $0 $0 $0
Durable Medical Equipment Civilian.......... $0 10% 20% 20%
Hospitalization MTF......................... $0 $0 $0 $0
Hospitalization Civilian.................... $0 with $80 per $200 per $250 per
authorization* admission-netwo admission with admission-netwo
rk without authorization* rk without
deductible deductible
20% out of 25% out of
network after network after
deductible deductible
Inpatient Skilled Nursing/Rehabilitation MTF/ $0 with $25 per day- $25 per day $25 per day
Network.................................... authorization* network without with without
deductible authorization* deductible
$35 per day-non- $250 per day or
network without 20% of billed
deductible charges
----------------------------------------------------------------------------------------------------------------
*If a beneficiary in the TRICARE Select option chooses to receive care without authorization, the beneficiary
will be subject to the deductible and a 50% cost share that will not count toward the catastrophic cap.
``(2) Adjustments to amounts after calendar year 2018.--
Each dollar amount expressed as a fixed dollar amount in the
table set forth in paragraph 1 shall be annually indexed by the
National Health Expenditures per capita rate, as established by
the Secretary of Health and Human Services, rounded to the next
lower multiple of $1. The remaining amount above such multiple
of $1 shall be carried over to, and accumulated with, the
amount of the increase for the subsequent year or years and
made when the aggregate amount of increases carried over under
this clause for a year is $1 or more.
``(g) Special Rules Regarding Cost Sharing.--
``(1) Active duty members.--There are no cost-sharing
requirements under this section for active duty members.
``(2) TRICARE-for-life beneficiaries.--Cost sharing under
this section does not apply to a Medicare-eligible beneficiary
for care covered by section 1086(d)(3) of this title, except
that the catastrophic cap does apply to such care.
``(3) Extended health-care services.--Cost sharing under
this section does not apply to extended health care services
under subsections (d) and (e) of section 1079 of this title.
``(4) Other programs.--This section does not apply to
premiums established under other sections of this chapter. For
a program under this chapter for which such a premium applies,
the enrollment fee under this section does not apply.
``(5) Pharmacy benefits program.--Required copayments for
services under the Pharmacy Benefits Program are set forth in
section 1074g of this title. The enrollment fee, deductible,
and catastrophic cap under this section apply to the Pharmacy
Benefits Program under that section.
``(6) Remote area dependents.--Cost-sharing requirements
for a remote area dependent (as described in subsection 1079(o)
of this title) are those established under the TRICARE Select
Option but without a referral requirement.
``(7) TRICARE second payer option.--A beneficiary in the
Retired beneficiary category (as described in subsection
(b)(1)(C)) who enrolls in the TRICARE Second Payer Option shall
pay an enrollment fee of one-half of the enrollment fee
applicable to such a beneficiary who enrolls in the TRICARE
Choice Option. Under the Second Payer Option, TRICARE shall pay
the standard deductible and copayment amounts under the
beneficiary's primary plan, not to exceed the amount TRICARE
would have paid as primary payer to a non-network provider
under this section. The regulations required by subsection (h)
may include such other limitations and provisions for this
option as the Secretary determines appropriate.
``(8) Calendar year enrollment period.--Enrollment fees,
deductible amounts, and catastrophic caps under this section
are on a calendar-year basis.
``(h) Regulations.--The Secretary of Defense, after consultation
with the other administering Secretaries, shall prescribe regulations
to carry out this section. Such regulations shall include the following
provisions.
``(1) Access to health care.--A covered beneficiary
enrolled in the TRICARE Select Option shall have access to
primary care and specialty care services from facilities of the
uniformed services or network providers in the applicable area
within specific timeliness standards that are at least
comparable to those of leading health care systems in the
United States.
``(2) Urgent care services.--In implementing the
requirements of paragraph (1), the Secretary shall make special
provisions for appropriate access to urgent care services.
``(3) Transparency of performance metrics.--As part of the
administration of the TRICARE Select Option and the TRICARE
Choice Option under this section, the Secretary shall publish
on a publically available Internet website of the Department of
Defense data on all measures the Secretary considers
appropriate that are used by the Department to assess patient
safety, quality of care, patient satisfaction, and health
outcomes. Such measures shall include appropriate measures for
each military medical treatment facility. The published
measures shall be updated no less frequently than quarterly.
``(4) Portability of enrollment.--As part of the
administration of the enrollment options under this section,
the Secretary shall ensure that the enrollment status of
covered beneficiaries is portable between or among TRICARE
program regions of the United States and that effective
procedures are in place for automatic electronic transfer of
information between or among contractors responsible for
administration in such regions and prompt communication with
such beneficiaries. Each covered beneficiary enrolled in the
TRICARE Select Option who has relocated the beneficiary's
primary residence to a new area in which enrollment in the
TRICARE Select Option is available shall be able to obtain a
new primary health care manager or provider within ten days of
the relocation and associated request for such manager or
provider.
``(5) Value-based incentives.--As part of the
administration of the TRICARE Select Option and the TRICARE
Choice Option under this section, the Secretary shall develop
and implement value-based incentives to promote improvement in
the quality of care, the experience of care, the health of
beneficiaries, and the cost-effectiveness of the TRICARE
program. The Secretary shall ensure an ongoing process of
evidence-based assessment and improvement of such incentives.
``(6) Open season enrollment.--In the administration of
this section, the Secretary shall provide covered beneficiaries
an annual open season enrollment period and opportunities
during other periods for enrollment modifications under
appropriate circumstances.
``(7) Additional provisions for effective and efficient
administration.--The Secretary may establish such other
provisions as the Secretary determines appropriate for the
effective and efficient administration of the TRICARE program,
including provisions on any matter not specifically addressed
in this chapter or any other law.
``(i) Definitions.--In this section:
``(1) The term `network provider' means a health care
provider who has met the requirements established by the
Secretary to become a preferred provider.
``(2) The term `out-of-network provider' means a health
care provider, other than a provider referred to in paragraph
(1), who has met the requirements established by the Secretary
to be an authorized provider.''.
(c) Transition Rules for Last Quarter of Calendar Year 2017.--With
respect to cost-sharing requirements applicable under sections 1079,
1086, or 1097 of title 10, United States Code, to a covered beneficiary
under such sections during the period October 1, 2017, through December
31, 2017:
(1) Any enrollment fee shall be one-fourth of the amount in
effect during fiscal year 2017.
(2) Any deductible amount applicable during fiscal year
2017 shall apply for the 15-month period of October 1, 2016,
through December 31, 2017.
(3) Any catastrophic cap applicable during fiscal year 2017
shall apply for the 15-month period of October 1, 2016, through
December 31, 2017.
(d) Conforming Amendments to Title 10, United States Code.--Title
10, United States Code is amended as follows:
(1) Section 1072 is amended by striking paragraph (7) and
inserting the following:
``(7) The term `TRICARE program' means the various programs
carried out by the Secretary of Defense under this chapter and
any other provision of law providing for the furnishing of
medical and dental care and health benefits to members and
former members of the uniformed services and their dependents.
It includes the following health plan options:
``(A) TRICARE Select (a managed care option).
``(B) TRICARE Choice (a self-managed option).
``(C) TRICARE-for-Life.
``(D) TRICARE Second Payer.''.
(2) Section 1074(c)(2) is amended by striking ``TRICARE
Prime'' and inserting ``TRICARE Select''.
(3) Section 1076d is amended by striking ``TRICARE
Standard'' each place it appears (including in the heading of
such section) and inserting ``TRICARE Reserve Select''.
(4) Section 1076e is amended by striking ``TRICARE
Standard'' each place it appears (including in the heading of
such section) and inserting ``TRICARE Retired Reserve''.
(5) Section 1076e is further amended by striking ``TRICARE
Retired Reserve Coverage at age 60'' (as inserted by paragraph
(4)) and inserting ``TRICARE coverage at age 60''.
(6) Section 1079 is amended--
(A) by amending subsection (b) to read:
``(b) Section 1075 of this title shall apply to health care
services under this section.'';
(B) by striking subsection (c);
(C) by striking the designation of paragraph (1)
and striking paragraphs (2) through (5); and
(D) by amending subsection (p)(1) by striking
``known as TRICARE Prime''.
(7) Section 1079a is amended--
(A) by striking ``CHAMPUS'' in the heading and
inserting ``TRICARE program'';
(B) by inserting after ``amounts collected'' the
following: ``(including interagency transfers of funds
or obligational authority and similar transactions)'';
and
(C) by striking ``the Civilian Health and Medical
Program of the Uniformed Services'' and inserting ``the
TRICARE program''.
(8) Section 1086(b) is amended to read as follows:
``(b) Section 1075 of this title shall apply to health care
services under this section.''.
(9) Section 1097(e) is amended to read as follows:
``(e) Charges for Health Care.--Section 1075 of this title applies
to health care services under this section.''.
(10) Section 1097a is repealed.
(e) Clerical Amendments.--The table of sections at the beginning of
chapter 55 of title 10, United States Code, is amended--
(1) by inserting after the item relating to section 1074n
the following new item:
``1075. TRICARE program: cost-sharing requirements.'';
(2) in the item relating to section 1076d, by striking
``TRICARE Standard'' and inserting ``TRICARE Reserve Select'';
(3) in the item relating to section 1076e, by striking
``TRICARE Standard'' and inserting ``TRICARE Retired Reserve'';
(4) in the item relating to section 1079a, by striking
``CHAMPUS'' and inserting ``TRICARE program''; and
(5) by striking the item relating to section 1097a.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on January 1, 2018.
(2) Transition rules.--Subsection (c) shall take effect on
October 1, 2017.
SEC. 702. REVISIONS TO COST-SHARING REQUIREMENTS FOR TRICARE FOR LIFE
AND THE PHARMACY BENEFITS PROGRAM.
(a) TRICARE for Life Enrollment Fee.--
(1) Annual enrollment fee for certain beneficiaries.--
Section 1086(d)(3) of title 10, United States Code, is
amended--
(A) by redesignating subparagraph (C) as
subparagraph (D); and
(B) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C)(i) A person described in paragraph (2)
(except as provided in clauses (vi) and (vii)) shall be
required to pay an annual enrollment fee as a condition
of eligibility for health care benefits under this
section. Such enrollment fee shall be an amount
(rounded to the nearest dollar) equal to the applicable
percentage (specified in clause (ii)) of the annual
retired pay of the member or former member upon whom
the covered beneficiary's eligibility is based, except
that the amount of such enrollment fee shall not be in
excess of the applicable maximum enrollment fee
(specified in clause (iii)). In the case of enrollment
for a period less than a full calendar year, the
enrollment fee shall be a pro-rated amount of the full-
year enrollment fee.
``(ii) The applicable percentage of retired pay
shall be determined in accordance with the following
table:
------------------------------------------------------------------------
The applicable
percentage for a The applicable
``For: family group of two percentage for an
or more persons is: individual is:
------------------------------------------------------------------------
2017........................ 0.50% 0.25%
------------------------------------------------------------------------
2018........................ 1.00% 0.50%
------------------------------------------------------------------------
2019........................ 1.50% 0.75%
------------------------------------------------------------------------
2020 and after.............. 2.00% 1.00%.
------------------------------------------------------------------------
``(iii) For any year 2016 through 2019, the
applicable maximum enrollment fee for a family group of
two or more persons shall be determined in accordance
with the following table:
------------------------------------------------------------------------
The applicable The applicable
maximum enrollment maximum enrollment
fee for a family fee for a family
group whose group whose
``For: eligibility is eligibility is
based upon a member based upon a member
or former member of or former member of
retired grade O-7 retired grade O-6
or above is: or below is:
------------------------------------------------------------------------
2017........................ $200 $150
------------------------------------------------------------------------
2018........................ $400 $300
------------------------------------------------------------------------
2019........................ $600 $450
------------------------------------------------------------------------
2020........................ $800 $600.
------------------------------------------------------------------------
``(iv) For any year after 2020, the
applicable maximum enrollment fee shall be
annually indexed by the National Health
Expenditures per capita rate, as established by
the Secretary of Health and Human Services,
rounded to the nearest multiple of $1.
``(v) The applicable maximum enrollment fee
for an individual shall be one-half the
corresponding maximum fee for a family group of
two or more persons (as determined under
clauses (iii) and (iv)).
``(vi) Clause (i) does not apply to--
``(I) a dependent of a member of
the uniformed services who dies while
on active duty;
``(II) a member retired under
chapter 61 of this title; or
``(III) a dependent of such a
member.
``(vii) Clause (i) does not apply to a
person who, before January 1, 2017, met the
conditions described in paragraph (2) (A) and
(B).''.
(2) Effective date.--Subparagraph (C) of section 1086(d)(3)
of title 10, United States Code, as added by paragraph (1),
shall take effect on January 1, 2017.
(b) TRICARE Pharmacy Program Cost-Sharing Amounts.--Paragraph (6)
of section 1074g(a) of such title is amended to read as follows:
``(6)(A) In the case of any of the calendar years 2017
through 2025 the cost sharing referred to in paragraph (5)
shall be payment by an eligible covered beneficiary of amounts
determined in accordance with the following table:
------------------------------------------------------------------------
The cost The cost
The cost The cost sharing sharing The cost
sharing sharing amount amount amount for
amount amount for a 90- for a 90- a 90-day
for a 30- for a 30- day day supply of
``For: day day supply of supply of a mail
supply of supply of a mail a mail order non-
a retail a retail order order formulary
generic formulary generic formulary is:
is: is: is: is:
------------------------------------------------------------------------
2017 $10 $28 $0 $28 $54
------------------------------------------------------------------------
2018 $10 $30 $0 $30 $58
------------------------------------------------------------------------
2019 $10 $32 $0 $32 $62
------------------------------------------------------------------------
2020 $11 $34 $1 $34 $66
------------------------------------------------------------------------
2021 $11 $36 $11 $36 $70
------------------------------------------------------------------------
2022 $11 $38 $11 $38 $75
------------------------------------------------------------------------
2023 $12 $40 $12 $40 $80
------------------------------------------------------------------------
2024 $13 $42 $13 $42 $85
------------------------------------------------------------------------
2025 $14 $45 $14 $45 $90.
------------------------------------------------------------------------
``(B) For any year after 2025, the cost sharing
referred to in paragraph (5) shall be payment by an
eligible covered beneficiary of amounts equal to the
cost-sharing amounts for the previous year, adjusted by
an amount, if any, as determined by the Secretary to
reflect changes in the costs of pharmaceutical agents
and prescription dispensing, rounded to the nearest
dollar.
``(C) Notwithstanding subparagraphs (A) and (B),
the cost-sharing amounts referred to in paragraph (5)
for any year after 2016 shall be the cost-sharing
amounts, if any, under this section as of January 1,
2016, in the case of--
``(i) a dependent of a member of the
uniformed services who dies while on active
duty;
``(ii) a member retired under chapter 61 of
this title; or
``(iii) a dependent of such a member.''.
(c) Authority To Adjust Payments Into the Medicare-Eligible Retiree
Health Care Fund.--Section 1116 of such title is amended--
(1) in subsection (a)(1), by striking ``subsection (c),
which'' and inserting ``subsection (c)(1), which (together with
any amount paid into the Fund under subsection (c)(4))''; and
(2) in subsection (c)--
(A) by striking ``The Secretary'' and inserting
``(1) Except as provided in paragraph (2), the
Secretary''; and
(B) by adding at the end the following new
paragraphs:
``(2) If for any fiscal year the Secretary of Defense
determines at the beginning of that fiscal year that the amount
that would otherwise be required to be certified under
paragraph (1) for that fiscal year would not be accurate if
there were to be enacted during the current session of Congress
a significant change in law then under active consideration by
Congress that upon enactment would reduce the amount otherwise
required to be certified under paragraph (1) for that fiscal
year, the Secretary may certify to the Secretary of the
Treasury under paragraph (1) a reduced amount for that fiscal
year taking into consideration the amount of the reduction for
that fiscal year that would occur upon enactment of such change
in law.
``(3) Not later than 120 days after the beginning of a
fiscal year for which a certification under paragraph (1) is
submitted pursuant to paragraph (2), the Secretary of Defense--
``(A) shall notify the Secretary of the Treasury
whether since the beginning of the fiscal year a
significant change in law has been enacted which if in
effect at the beginning of the fiscal year would have
resulted in a revised amount certified under paragraph
(1) without regard to paragraph (2); and
``(B) based upon any such change in law since the
beginning of the fiscal year, shall certify a final
amount for the fiscal year.
``(4) If a final amount certified under paragraph (3) for
any fiscal year is greater than the amount certified pursuant
to paragraph (2) for that fiscal year, the Secretary of the
Treasury shall promptly pay into the Fund from the General Fund
of the Treasury the difference between those amounts.
``(5) In this subsection, the term `under active
consideration by Congress', with respect to a bill or joint
resolution in the Senate or House of Representatives, means
that the bill or joint resolution--
``(A) has been passed by either House of Congress;
or
``(B) has been reported by the Committee on Armed
Services of the Senate or House or Representatives to
its respective House and referred to the appropriate
calendar.''.
SEC. 703. REQUIREMENT FOR MEDICARE PARTICIPATING PHYSICIAN OR SUPPLIER
TO ACCEPT TRICARE AND VETERANS AFFAIRS PARTICIPATING
RATES.
Section 1842(h)(1) of the Social Security Act (42 U.S.C.
1395u(h)(1)) is amended by adding at the end the following new
sentence: ``Any physician or supplier who voluntarily enters into an
agreement with the Secretary to become a participating physician or
supplier shall be deemed to have agreed to be a participating provider
of medical care or services under any health plan contracted for under
section 1079 or 1086 of title 10, United States Code, or under section
1781 of title 38, United States Code, in accordance with the payment
methodology and amounts prescribed under joint regulations prescribed
by the Secretary, the Secretary of Defense, and the Secretary of
Homeland Security pursuant to sections 1079 and 1086 of title 10,
United States Code, and regulations prescribed by the Secretary of
Veterans Affairs pursuant to section 1781 of title 38, United States
Code.''.
SEC. 704. EXPANSION OF TRICARE-COVERED PREVENTIVE HEALTH CARE SERVICES.
(a) Expansion of Preventive Health Care Services.--Section 1074d of
title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Additional Preventive Health Care Services.--(1) In addition
to the preventive services provided under subsection (a), persons
entitled to medical care under this chapter shall also be entitled, to
the extent practicable, to the coverage of preventive health services
comparable to the coverage required to be provided by a group health
plan and a health insurance issuer offering group or individual health
insurance coverage under section 2713 of the Public Health Service Act
(42 U.S.C. 300gg-13). Such entitlement shall supersede any otherwise
applicable exclusions to the contrary.
``(2) Persons entitled to medical care under this chapter shall
also be entitled to other evidence-based preventive health care
services and screenings, as may be prescribed in regulations by the
Secretary of Defense.
``(3) The Secretary shall prescribe regulations to--
``(A) waive all copayments under sections 1074g, 1079(b), and
1086(b) of this title for preventive services provided pursuant to this
subsection for all beneficiaries who would otherwise pay copayments;
and
``(B) ensure that a beneficiary pays nothing for such preventive
services during a year without regard to whether the beneficiary has
paid the amount necessary to cover the beneficiary's deductible for the
year.''.
(b) Conforming Amendment.--Section 1077(a) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(18) The additional preventive health services described
in section 1074d(b) of this title.''.
(c) Expanded Well Child Care and Access to Health Promotion and
Disease Prevention Visits.--Section 1079(a)(2) of title 10, United
States Code, is amended by striking ``schedule of immunizations'' and
all that follows through subparagraph (B) and inserting ``schedule of
immunizations, health promotion and disease prevention visits and
immunizations (including the preventive care and screenings required
pursuant to section 1074d(b) of this title) may be provided to
dependents.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2017. The Secretary of Defense may issue an
interim final rule or take such other action as necessary to ensure
implementation of such amendments on such date.
SEC. 705. TRICARE BENEFICIARY ELIGIBILITY FOR PARTICIPATION IN THE
FEDERAL DENTAL AND VISION INSURANCE PROGRAMS.
(a) Eligibility.--
(1) Dental benefits.--Section 8951 of title 5, United
States Code, is amended--
(A) in paragraph (3), by striking ``paragraph (1)
or (2)'' and inserting ``paragraph (1), (2), or (8)'';
and
(B) by adding at the end the following new
paragraph:
``(8) The term `covered TRICARE-eligible individual' means
an individual entitled to dental care under chapter 55 of title
10, pursuant to section 1076c of such title, that the Secretary
of Defense determines should be a covered TRICARE-eligible
individual for purposes of this chapter.''.
(2) Vision benefits.--Section 8981 of title 5, United
States Code, is amended--
(A) in paragraph (3), by striking ``paragraph (1)
or (2)'' and inserting ``paragraph (1), (2), or (8)'';
and
(B) by adding at the end the following new
paragraph:
``(8) The term `covered TRICARE-eligible individual' means
an individual entitled to medical care under chapter 55 of
title 10, pursuant to section 1076d, 1076e, 1079(a), 1086(c),
or 1086(d) of such title, that the Secretary of Defense
determines should be a covered TRICARE-eligible individual for
purposes of this chapter, but excluding individuals covered
under section 1110b of such title.''.
(b) Conforming Amendments.--
(1) Dental benefits.--Section 8958(c) of title 5, United
States Code, is amended--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) in paragraph (2), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(3) in the case of a covered TRICARE-eligible individual,
be withheld from--
``(A) the pay (including retired pay) of the
appropriate eligible member of the uniformed services;
or
``(B) the annuity paid to such individual due to
the death of an eligible member of the uniformed
services.''.
(2) Vision benefits.--Section 8988(c) of title 5, United
States Code, is amended--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) in paragraph (2), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(3) in the case of a covered TRICARE-eligible individual,
be withheld from--
``(A) the pay of the appropriate eligible member of
the uniformed services; or
``(B) the annuity paid to such individual due to
the death of an eligible member of the uniformed
services.''.
(3) Plan for dental insurance for certain retirees,
surviving spouses, and other dependents.--Subsection (a) of
section 1076c of title 10, United States Code, is amended to
read as follows:
``(a) Requirement for Plan.--(1) The Secretary of Defense shall
establish a dental insurance plan for retirees of the uniformed
services, certain unremarried surviving spouses, and dependents in
accordance with this section.
``(2) The Secretary may satisfy the requirement under paragraph (1)
by entering into an agreement with the Office of Personnel Management
to allow eligible beneficiaries to enroll in an insurance plan through
the Federal Employees Health Benefit Plan that provides benefits
similar to those benefits required to be provided under subsection
(d).''.
SEC. 706. REDUCTION OF ADMINISTRATIVE COSTS RELATING TO AUTOMATIC
RENEWAL OF ENROLLMENTS IN TRICARE PRIME.
Section 1097a(b) of title 10, United States Code, is amended--
(1) by striking ``(1)'' before ``An enrollment''; and
(2) by striking paragraph (2).
Subtitle B--Health Care Administration
SEC. 711. UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES SUPPORT
OF UNDERGRADUATE AND OTHER MEDICAL EDUCATION AND TRAINING
PROGRAMS FOR MILITARY MEDICAL PERSONNEL.
(a) Location and Headquarters of University.--Section 2112(a) of
title 10, United States Code, is amended to read as follows:
``(a)(1) There is a Uniformed Services University of the Health
Sciences (in this chapter referred to as the `University') with
authority to grant appropriate certificates and certifications,
undergraduate degrees, and advanced degrees. The University shall be so
organized as to graduate not less than 100 medical students annually.
``(2) The headquarters of the University shall be at a site or
sites selected by the Secretary of Defense within 25 miles of the
District of Columbia.''.
(b) Technical Amendments To Repeal Expired Provision.--Section
2112a of such title is amended by striking subsections (a) and (b) and
inserting the following: ``The University may not be closed.''.
(c) Administration.--Section 2113 of such title is amended--
(1) in subsection (d)--
(A) in the first sentence by striking ``located in
or near the District of Columbia'';
(B) in the third sentence, by striking ``in or near
the District of Columbia''; and
(C) by striking the fifth sentence; and
(2) in subsection (e)(3), by inserting after ``programs''
the following: ``, including certificate and certification and
undergraduate degree programs,''.
SEC. 712. LICENSURE REQUIREMENTS FOR DEPARTMENT OF DEFENSE VETERINARY
PROFESSIONALS.
(a) Licensure Requirements.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1094a the following new
section:
``Sec. 1094b. Licensure requirement for veterinary professionals
``(a) Notwithstanding any law regarding the licensure of veterinary
care and service providers, a veterinary professional described in
subsection (b) or (c) may practice the veterinary profession or
professions of the veterinary professional at any location in any
State, the District of Columbia, or a Commonwealth, territory, or
possession of the United States, regardless of where such veterinary
professional or the patient are located, so long as the practice is
within the scope of the authorized Federal duties.
``(b) A veterinary professional referred to in subsection (a) as
being described in this subsection is a member of the armed forces,
civilian employee of the Department of Defense, or other veterinary
professional credentialed and privileged at a Federal veterinary
institution or location specially designated by the Secretary for this
purpose who--
``(1) has a current license to practice veterinary care and
services; and
``(2) is performing authorized duties for the Department of
Defense.
``(c) A veterinary professional referred to in subsection (a) as
being described in this subsection is a member of the National Guard
who--
``(1) has a current license to practice veterinary care and
services; and
``(2) is performing training or duty under section 502(f)
of title 32, United States Code, in response to an actual or
potential disaster or emergency.
``(d) In this section:
``(1) The term `license' means a grant of permission by an
official agency of a State, the District of Columbia, or a
Commonwealth, territory, or possession of the United States to
provide veterinary care independently as a veterinary
professional.
``(2) The term `veterinary professional' means a
veterinarian certified as such by a certification recognized by
the Secretary of Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title is amended by inserting after the item
relating to section 1094a the following new item:
``1094b. Licensure requirement for veterinary professionals.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SEC. 801. REVISION TO AUTHORITIES RELATING TO DEPARTMENT OF DEFENSE
TEST RESOURCE MANAGEMENT CENTER.
(a) Duties of Director.--Subsection (c)(1)(B) of section 196 of
title 10, United States Code, is amended by striking ``of the Major
Range and Test Facility Base including with respect to the expansion,
divestment, consolidation, or curtailment of activities,'' and
inserting ``that comprise the Major Range and Test Facility Base and
other facilities and resources used to support the acquisition programs
of the Department of Defense''.
(b) Strategic Plan.--Subsection (d)(2)(E) of such section is
amended--
(1) by striking ``plans and business case analyses'' and
inserting ``implementation plans and analyses'';
(2) by striking ``modification of'' and inserting ``changes
to''; and
(3) by striking ``period,'' and all that follows and
inserting ``period.''.
(c) Certification of Budgets.--Subsection (e) of such section is
amended--
(1) in paragraph (2)(A), by striking ``such proposed
budgets'' and inserting ``the proposed budget year plus one
succeeding year''; and
(2) in paragraph (3)--
(A) by striking ``The Secretary'' and inserting
``If the Director does not certify any one or more of
the proposed budgets for the budget year plus one
succeeding year, the Secretary''; and
(B) by striking ``those proposed budgets which the
Director has not certified under paragraph (2)(A) to be
adequate'' and inserting ``those budgets''.
(d) Approval of Certain Modifications.--Subsection (f) of such
section is amended--
(1) in the subsection heading, by striking
``Modifications'' and inserting ``Changes'';
(2) in paragraph (1)--
(A) by inserting ``, without the Director's
approval,'' after ``may not implement'';
(B) by striking ``modification of'' and inserting
``change to''; and
(C) by striking ``of the Department,'' and all that
follows and inserting ``that comprise the Major Range
and Test Facility Base and other facilities and
resources used to support the acquisition programs of
the Department of Defense. The Secretary or the head,
as the case may be, shall submit to the Director an
implementation plan and analysis which supports such
change. Such analysis shall include cost
considerations.''; and
(3) in paragraph (2)--
(A) by striking ``each business case analysis'' and
inserting ``each implementation plan and analysis'';
and
(B) by striking ``paragraph (1)(B)'' and inserting
``paragraph (1)''.
(e) Definitions.--Subsection (i) of such section is amended to read
as follows:
``(i) Definitions.--In this section:
``(1) ``The term `Major Range and Test Facility Base' means
the test and evaluation facilities and resources that are
designated by the Secretary of Defense as facilities and
resources comprising the Major Range and Test Facility Base.
``(2) The term `significant change' means--
``(A) any action that will limit or preclude a test
and evaluation capability from fully performing its
intended purpose;
``(B) any action that affects the ability of the
Department to conduct test and evaluation in a timely
or cost-effective manner; or
``(C) any expansion or addition that develops a new
significant test capability.''.
SEC. 802. WAIVER OF NOTIFICATION WHEN ACQUIRING TACTICAL MISSILES AND
MUNITIONS ABOVE THE BUDGETED QUANTITY.
Section 2308(c) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``However, no such
notification is required when the acquisition of a higher quantity of
an end item is for an end item under a primary tactical missile program
or a munition program.''.
SEC. 803. EXTENSION OF SPECIAL EMERGENCY PROCUREMENT AUTHORITY.
Section 1903(a) of title 41, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) in support of a request from the Secretary of State
or the Administrator of the Agency for International
Development to facilitate the provision of international
disaster assistance pursuant to the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.); or
``(4) in support of an emergency or major disaster (as
those terms are defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)).''.
SEC. 804. REVISION TO EFFECTIVE DATE APPLICABLE TO PRIOR EXTENSION OF
APPLICABILITY OF THE SENIOR EXECUTIVE BENCHMARK
COMPENSATION AMOUNT FOR PURPOSES OF ALLOWABLE COST
LIMITATIONS UNDER DEFENSE CONTRACTS.
(a) Repeal of Retroactive Applicability.--Section 803(c) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81; 125 Stat. 1485) is amended by striking ``amendments made by''
and all that follows and inserting ``amendments made by this section
shall apply with respect to costs of compensation incurred after
January 1, 2012, under contracts entered into on or after December 31,
2011.''.
(b) Applicability.--The amendment made by subsection (a) shall take
effect as of December 31, 2011, and shall apply as if included in the
National Defense Authorization Act for Fiscal Year 2012 as enacted.
SEC. 805. PROGRAM FRAUD CIVIL REMEDIES STATUTE FOR THE DEPARTMENT OF
DEFENSE AND THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION.
(a) Purpose.--The purpose of this section is to provide the
Secretary of Defense and the Administrator of the National Aeronautics
and Space Administration with an effective administrative remedy to
obtain recompense for the Department of Defense and the National
Aeronautics and Space Administration for losses resulting from the
submission to the Department or the Administration, respectively, of
false, fictitious, or fraudulent claims and statements.
(b) Program Fraud Civil Remedies.--
(1) In general.--Chapter IV of subtitle A of title 10,
United States Code, is amended by inserting after chapter 163
the following new chapter:
``CHAPTER 164--ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS
``Sec.
``2751. Applicability of chapter; definitions.
``2752. False claims and statements; liability.
``2753. Hearing and determinations.
``2754. Payment; interest on late payments.
``2755. Judicial review.
``2756. Collection of civil penalties and assessments.
``2757. Right to administrative offset.
``2758. Limitations.
``2759. Effect on other laws.
``Sec. 2751. Applicability of chapter; definitions
``(a) Applicability of Chapter.--This chapter applies to the
following agencies:
``(1) The Department of Defense.
``(2) The National Aeronautics and Space Administration.
``(b) Definitions.--In this chapter:
``(1) Head of an agency.--The term `head of an agency'
means the Secretary of Defense and the Administrator of the
National Aeronautics and Space Administration.
``(2) Claim.--The term `claim' means any request, demand,
or submission--
``(A) made to the head of an agency for property,
services, or money (including money representing
grants, loans, insurance, or benefits);
``(B) made to a recipient of property, services, or
money received directly or indirectly from the head of
an agency or to a party to a contract with the head of
an agency--
``(i) for property or services if the
United States--
``(I) provided such property or
services;
``(II) provided any portion of the
funds for the purchase of such property
or services; or
``(III) will reimburse such
recipient or party for the purchase of
such property or services; or
``(ii) for the payment of money (including
money representing grants, loans, insurance, or
benefits) if the United States--
``(I) provided any portion of the
money requested or demanded; or
``(II) will reimburse such
recipient or party for any portion of
the money paid on such request or
demand; or
``(C) made to the head of an agency which has the
effect of decreasing an obligation to pay or account
for property, services, or money.
``(3) Knows or has reason to know.--The term `knows or has
reason to know', for purposes of establishing liability under
section 2752 of this title, means that a person, with respect
to a claim or statement--
``(A) has actual knowledge that the claim or
statement is false, fictitious, or fraudulent;
``(B) acts in deliberate ignorance of the truth or
falsity of the claim or statement; or
``(C) acts in reckless disregard of the truth or
falsity of the claim or statement, and no proof of
specific intent to defraud is required.
``(4) Responsible official.--The term `responsible
official' means a designated debarring and suspending official
of the agency named in subsection (a).
``(5) Respondent.--The term `respondent' means a person who
has received notice from a responsible official asserting
liability under section 2752 of this title.
``(6) Statement.--The term `statement' means any
representation, certification, affirmation, document, record,
or an accounting or bookkeeping entry made
``(A) with respect to a claim or to obtain the
approval or payment of a claim (including relating to
eligibility to make a claim); or
``(B) with respect to (including relating to
eligibility for)--
``(i) a contract with, or a bid or proposal
for a contract with the head of an agency; or
``(ii) a grant, loan, or benefit from the
head of an agency.
``(c) Claims.--For purposes of paragraph (2) of subsection (b)--
``(1) each voucher, invoice, claim form, or other
individual request or demand for property, services, or money
constitutes a separate claim;
``(2) each claim for property, services, or money is
subject to this chapter regardless of whether such property,
services, or money is actually delivered or paid; and
``(3) a claim shall be considered made, presented, or
submitted to the head of an agency, recipient, or party when
such claim is actually made to an agent, fiscal intermediary,
or other entity acting for or on behalf of such authority,
recipient, or party.
``(d) Statements.--For purposes of paragraph (6) of subsection
(b)--
``(1) each written representation, certification, or
affirmation constitutes a separate statement; and
``(2) a statement shall be considered made, presented, or
submitted to the head of an agency when such statement is
actually made to an agent, fiscal intermediary, or other entity
acting for or on behalf of such authority.
``Sec. 2752. False claims and statements; liability
``(a) False Claims.--Any person who makes, presents, or submits, or
causes to be made, presented, or submitted, to the head of an agency a
claim that the person knows or has reason to know--
``(1) is false, fictitious, or fraudulent;
``(2) includes or is supported by any written statement
which asserts a material fact this is false, fictitious, or
fraudulent;
``(3) includes or is supported by any written statement
that--
``(A) omits a material fact;
``(B) is false, fictitious, or fraudulent as a
result of such omission; and
``(C) the person making, presenting, or submitting
such statement has a duty to include such material
fact; or
``(4) is for payment for the provision of property or
services which the person has not provided as claimed,
shall, in addition to any other remedy that may be prescribed by law,
be subject to a civil penalty of not more than $5,000 for each such
claim. Such person shall also be subject to an assessment of not more
than twice the amount of such claim, or the portion of such claim which
is determined by the responsible official to be in violation of the
preceding sentence.
``(b) False Statements.--Any person who makes, presents, submits,
or causes to be made, presented, or submitted, a written statement in
conjunction with a procurement program or acquisition of an agency
named in section 2751(a) of this title that--
``(1) the person knows or has reason to know--
``(A) asserts a material fact that is false,
fictitious, or fraudulent; or
``(B)(i) omits a material fact; and
``(ii) is false, fictitious, or fraudulent as a
result of such omission;
``(2) in the case of a statement described in subparagraph
(B) of paragraph (1), is a statement in which the person
making, presenting, or submitting such statement has a duty to
include such material fact; and
``(3) contains or is accompanied by an express
certification or affirmation of the truthfulness and accuracy
of the contents of the statement,
shall be subject to, in addition to any other remedy that may be
prescribed by law, a civil penalty of not more than $5,000 for each
such statement.
``Sec. 2753. Hearing and determinations
``(a) Transmittal of Notice to Attorney General.--If a responsible
official determines that there is adequate evidence to believe that a
person is liable under section 2752 of this title, the responsible
official shall transmit to the Attorney General, or any other officer
or employee of the Department of Justice designated by the Attorney
General, a written notice of the intention of such official to initiate
an action under this section. The notice shall include the following:
``(1) A statement of the reasons for initiating an action
under this section.
``(2) A statement specifying the evidence which supports
liability under section 2752 of this title.
``(3) A description of the claims or statements for which
liability under section 2752 of this title is alleged.
``(4) An estimate of the penalties and assessments that
will be demanded under section 2752 of this title.
``(5) A statement of any exculpatory or mitigating
circumstances which may relate to such claims or statements.
``(b) Statement From Attorney General.--
``(1) Within 90 days after receipt of a notice from a
responsible official under subsection (a), the Attorney
General, or any other officer or employee of the Department of
Justice designated by the Attorney General, shall transmit a
written statement to the responsible official which specifies--
``(A) that the Attorney General, or any other
officer or employee of the Department of Justice
designated by the Attorney General, approves or
disapproves initiating an action under this section
based on the allegations of liability stated in such
notice; and
``(B) in any case in which the initiation of an
action under this section is disapproved, the reasons
for such disapproval.
``(2) If at any time after the initiation of an action
under this section the Attorney General, or any other officer
or employee of the Department of Justice designated by the
Attorney General, transmits to a responsible official a written
determination that the continuation of any action under this
section may adversely affect any pending or potential criminal
or civil action, such action shall be immediately stayed and
may be resumed only upon written authorization from the
Attorney General, or any other officer or employee of the
Department of Justice designated by the Attorney General.
``(c) Limitation on Amount of Claim That May Be Pursued Under This
Section.--No action shall be initiated under this section, nor shall
any assessment be imposed under this section, if the total amount of
the claim determined by the responsible official to violate section
2752(a) of this title exceeds $500,000. The $500,000 threshold does not
include penalties or any assessment permitted under 2752(a) of this
title greater than the amount of the claim determined by the
responsible official to violate such section.
``(d) Procedures for Resolving Claims.--(1) Upon receiving approval
under subsection (b) to initiate an action under this section, the
responsible official shall mail, by registered or certified mail, or
other similar commercial means, or shall deliver, a notice to the
person alleged to be liable under section 2752 of this title. Such
notice shall specify the allegations of liability against such person,
specify the total amount of penalties and assessments sought by the
United States, advise the person of the opportunity to submit facts and
arguments in opposition to the allegations set forth in the notice,
advise the person of the opportunity to submit offers of settlement or
proposals of adjustment, and advise the person of the procedures of the
agency named in section 2751(a) of this title governing the resolution
of actions initiated under this section.
``(2) Within 30 days after receiving a notice under
paragraph (1), or any additional period of time granted by the
responsible official, the respondent may submit in person, in
writing, or through a representative, facts and arguments in
opposition to the allegations set forth in the notice,
including any additional information that raises a genuine
dispute of material fact.
``(3) If the respondent fails to respond within 30 days, or
any additional time granted by the responsible official, the
responsible official may issue a written decision disposing of
the matters raised in the notice. Such decision shall be based
on the record before the responsible official. If the
responsible official concludes that the respondent is liable
under section 2752 of this title, the decision shall include
the findings of fact and conclusions of law which the
responsible official relied upon in determining that the
respondent is liable, and the amount of any penalty or
assessment or both the responsible official has determined to
be imposed on the respondent. Any such determination shall be
based on a preponderance of the evidence. The responsible
official shall promptly send to the respondent a copy of the
decision by registered or certified mail, or other similar
commercial means, or shall hand deliver a copy of the decision.
``(4) If the respondent makes a timely submission in
response to the first notice, and the responsible official
determines that the respondent has not raised any genuine
dispute of material fact, the responsible official may issue a
written decision disposing of the matters raised in the notice.
Such decision shall be based on the record before the
responsible official. If the responsible official concludes
that the respondent is liable under section 2752 of this title,
the decision shall include the findings of fact and conclusions
of law which the responsible official relied upon in
determining that the respondent is liable, and the amount of
any penalty or assessment the responsible official has
determined to be imposed on the respondent. Any such
determination shall be based on a preponderance of the
evidence. The responsible official shall promptly send to the
respondent a copy of the decision by registered or certified
mail, or other similar commercial means, or shall hand deliver
a copy of the decision.
``(5) If the respondent makes a timely submission in
response to the first notice, and the responsible official
determines that the respondent has raised a genuine dispute of
material fact, the responsible official shall commence a
hearing to resolve the genuinely disputed material facts by
mailing by registered or certified mail, or other similar
commercial means, or by hand delivery of, a notice informing
the respondent of--
``(A) the time, place, and nature of the hearing;
``(B) the legal authority under which the hearing
is to be held;
``(C) the material facts determined by the
responsible official to be genuinely in dispute that
will be the subject of the hearing; and
``(D) a description of the procedures for the
conduct of the hearing.
``(6) The responsible official and any person against whom
liability is asserted under this chapter may agree to a
compromise or settle an action at any time. Any compromise or
settlement must be in writing.
``(e) Respondent Entitled to Copy of the Record.--At any time after
receiving a notice under paragraph (1) of subsection (d), the
respondent shall be entitled to a copy of the entire record before the
responsible official.
``(f) Hearings.--Any hearing commenced under this section shall be
conducted by the responsible official, or a fact-finder designated by
the responsible official, solely to resolve genuinely disputed material
facts identified by the responsible official and set forth in the
notice to the respondent.
``(g) Procedures for Hearings.--(1) Each hearing shall be conducted
under procedures prescribed by the head of the agency. Such procedures
shall include the following:
``(A) The provision of written notice of the hearing to the
respondent, including written notice of--
``(i) the time, place, and nature of the hearing;
``(ii) the legal authority under which the hearing
is to be held;
``(iii) the material facts determined by the
responsible official to be genuinely in dispute that
will be the subject of the hearing; and
``(iv) a description of the procedures for the
conduct of the hearing.
``(B) The opportunity for the respondent to present
facts and arguments through oral or documentary
evidence, to submit rebuttal evidence, and to conduct
such cross-examination as may be required to resolve
any genuinely disputed material facts identified by the
responsible official.
``(C) The opportunity for the respondent to be
accompanied, represented, and advised by counsel or
such other qualified representative as the Secretary
may specify in such regulations.
``(2) For the purpose of conducting hearings under this section,
the responsible official is authorized to administer oaths or
affirmations.
``(3) Hearings shall be held at the responsible official's office,
or at such other place as may be agreed upon by the respondent and the
responsible official.
``(h) Decision Following Hearing.--The responsible official shall
issue a written decision within 60 days after the conclusion of the
hearing. That decision shall set forth specific findings of fact
resolving the genuinely disputed material facts that were the subject
of the hearing. The written decision shall also dispose of the matters
raised in the notice required under paragraph (1) of subsection (d). If
the responsible official concludes that the respondent is liable under
section 2752 of this title, the decision shall include the findings of
fact and conclusions of law which the responsible official relied upon
in determining that the respondent is liable, and the amount of any
penalty or assessment to be imposed on the respondent. Any decisions
issued under this subparagraph shall be based on the record before the
responsible official and shall be supported by a preponderance of the
evidence. The responsible official shall promptly send to the
respondent a copy of the decision by registered or certified mail, or
other similar commercial means, or shall hand deliver a copy of the
decision.
``Sec. 2754. Payment; interest on late payments
``(a) Payment of Assessments and Penalties.--A respondent shall
render payment of any assessment and penalty imposed by a responsible
official, or any amount otherwise agreed to as part of a settlement or
adjustment, not later than the date--
``(1) that is 30 days after the date of the receipt by the
respondent of the responsible official's decision; or
``(2) as otherwise agreed to by the respondent and the
responsible official.
``(b) Interest.--If there is an unpaid balance as of the date
determined under paragraph (1), interest shall accrue from that date on
any unpaid balance. The rate of interest charged shall be the rate in
effect as of that date that is published by the Secretary of the
Treasury under section 3717 of title 31.
``(c) Treatment of Receipts.--All penalties, assessments, or
interest paid, collected, or otherwise recovered under this chapter
shall be deposited into the Treasury as miscellaneous receipts as
provided in section 3302 of title 31.
``Sec. 2755. Judicial review
``A decision by a responsible official under section 2753(d) or
2753(h) of this title shall be final. Any such final decision is
subject to judicial review only under chapter 7 of title 5.
``Sec. 2756. Collection of civil penalties and assessments
``(a) Judicial Enforcement of Civil Penalties and Assessments.--The
Attorney General shall be responsible for judicial enforcement of any
civil penalty or assessment imposed under this chapter.
``(b) Civil Actions for Recovery.--Any penalty or assessment
imposed in a decision by a responsible official, or amounts otherwise
agreed to as part of a settlement or adjustment, along with any accrued
interest, may be recovered in a civil action brought by the Attorney
General. In any such action, no matter that was raised or that could
have been raised in a proceeding under this chapter or pursuant to
judicial review under section 2755 of this title may be raised as a
defense, and the determination of liability and the determination of
amounts of penalties and assessments shall not be subject to review.
``(c) Jurisdiction of United States District Courts.--The district
courts of the United States shall have jurisdiction of any action
commenced by the United States under subsection (b).
``(d) Joining and Consolidating Actions.--Any action under
subsection (b) may, without regard to venue requirements, be joined and
consolidated with or asserted as a counterclaim, cross-claim, or setoff
by the United States in any other civil action which includes as
parties the United States, and the person against whom such action may
be brought.
``(e) Jurisdiction of United States Court of Federal Claims.--The
United States Court of Federal Claims shall have jurisdiction of any
action under subsection (b) to recover any penalty or assessment, or
amounts otherwise agreed to as part of a settlement or adjustment,
along with any accrued interest, if the cause of action is asserted by
the United States as a counterclaim in a matter pending in such court.
The counterclaim need not relate to the subject matter of the
underlying claim.
``Sec. 2757. Right to administrative offset
``The amount of any penalty or assessment that has been imposed by
a responsible official, or any amount agreed upon in a settlement or
compromise, along with any accrued interest, may be collected by
administrative offset.
``Sec. 2758. Limitations
``(a) Limitation on Period for Initiation of Administrative
Action.--An action under section 2752 of this title with respect to a
claim or statement shall be commenced within six years after the date
on which such claim or statement is made, presented, or submitted.
``(b) Limitation Period for Initiation of Civil Action for Recovery
of Administrative Penalty or Assessment.--A civil action to recover a
penalty or assessment under section 2756 of this title shall be
commenced within three years after the date of the decision of the
responsible official imposing the penalty or assessment.
``Sec. 2759. Effect on other laws
``(a) Relationship to Title 44 Authorities.--This chapter does not
diminish the responsibility of the head of an agency to comply with the
provisions of chapter 35 of title 44, relating to coordination of
Federal information policy.
``(b) Relationship to Title 31 Authorities.--The procedures set
forth in this chapter apply to the agencies named in section 2751(a) of
this title in lieu of the procedures under chapter 38 of title 31,
relating to administrative remedies for false claims and statements.
``(c) Relationship to Other Authorities.--Any action, inaction, or
decision under this chapter shall be based solely upon the information
before the responsible official and shall not limit or restrict any
agency of the Government from instituting any other action arising
outside this chapter, including suspension or debarment, based upon the
same information. Any action, inaction or decision under this chapter
shall not restrict the ability of the Attorney General to bring
judicial action, based upon the same information as long as such action
is not otherwise prohibited by law.''.
(2) Clerical amendment.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part IV of
subtitle A, of such title are each amended by inserting after
the item relating to chapter 163 the following new item:
``164. Administrative Remedies for False Claims and 2751''.
Statements.
(c) Conforming Amendments.--Section 3801(a)(1) of title 31, United
States Code, is amended--
(1) by inserting ``(other than the Department of Defense)''
in subparagraph (A) after ``executive department'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraph (C) as subparagraph (B)
and by inserting ``(other than the National Aeronautics and
Space Administration)'' in that subparagraph after ``not an
executive department''; and
(4) by redesignating subparagraphs (D), (E), and (F) as
subparagraphs (C), (D), and (E), respectively.
(d) Effective Date.--Chapter 164 of title 10, United States Code,
as added by subsection (b), and the amendments made by subsection (c),
shall apply to any claim or statement made, presented, or submitted on
or after the date of the enactment of this Act.
SEC. 806. DISTRIBUTION SUPPORT AND SERVICES FOR WEAPON SYSTEMS
CONTRACTORS.
(a) Authority.--The Secretary of Defense may make available storage
and distribution services support to a contractor in support of the
performance by the contractor of a contract for the production,
modification, maintenance, or repair of a weapon system that is entered
into by an official of the Department of Defense.
(b) Support Contracts.--Any storage and distribution services to be
provided under this section to a contractor in support of the
performance of a contract described in subsection (a) shall be provided
under a separate contract that is entered into by the Director of the
Defense Logistics Agency with that contractor. The requirements of
section 2208(h) of title 10, United States Code, and the regulations
prescribed pursuant to such section shall apply to the contract between
the Director of the Defense Logistics Agency and the contractor.
(c) Scope of Support and Services.--The storage and distribution
support services that may be provided under this section in support of
the performance of a contract described in subsection (a) are storage
and distribution of materiel and repair parts necessary for the
performance of that contract.
(d) Regulations.--Before exercising the authority under this
section, the Secretary of Defense shall prescribe in regulations such
requirements, conditions, and restrictions as the Secretary determines
appropriate to ensure that storage and distribution services are
provided under this section only when it is in the best interests of
the United States to do so. The regulations shall include, at a
minimum, the following:
(1) A requirement for the solicitation of offers for a
contract described in subsection (a), for which storage and
distribution services are to be made available under this
section, to include--
(A) a statement that the storage and distribution
services are to be made available under the authority
of this section to any contractor awarded the contract,
but only on a basis that does not require acceptance of
the support and services; and
(B) a description of the range of the storage and
distribution services that are to be made available to
the contractor.
(2) A requirement for the rates charged a contractor for
storage and distribution services provided to a contractor
under this section to reflect the full cost to the United
States of the resources used in providing the support and
services, including the costs of resources used, but not paid
for, by the Department of Defense.
(3) With respect to a contract described in subsection (a)
that is being performed for a department or agency outside the
Department of Defense, a prohibition, in accordance with
applicable contracting procedures, on the imposition of any
charge on that department or agency for any effort of
Department of Defense personnel or the contractor to correct
deficiencies in the performance of such contract.
(4) A prohibition on the imposition of any charge on a
contractor for any effort of the contractor to correct a
deficiency in the performance of storage and distribution
services provided to the contractor under this section.
(e) Relationship to Treaty Obligations.--The Secretary shall ensure
that the exercise of authority under this section does not conflict
with any obligation of the United States under any treaty or other
international agreement.
SEC. 807. TIMELINESS RULES FOR FILING BID PROTESTS AT THE UNITED STATES
COURT OF FEDERAL CLAIMS.
(a) Jurisdiction.--Paragraph (1) of section 1491(b) of title 28,
United States Code, is amended--
(1) in the first sentence, by striking ``Both the'' and all
that follows through ``shall have'' and inserting ``The United
States Court of Federal Claims shall have''; and
(2) in the second sentence--
(A) by striking ``Both the'' and all that follows
through ``shall have'' and inserting ``The United
States Court of Federal Claims shall have''; and
(B) by striking ``is awarded.'' and inserting ``is
awarded, but such jurisdiction is subject to time
limits as follows:
``(A) A protest based upon alleged improprieties in
a solicitation that are apparent before bid opening or
the time set for receipt of initial proposals shall be
filed before bid opening or the time set for receipt of
initial proposals. In the case of a procurement where
proposals are requested, alleged improprieties that do
not exist in the initial solicitation but that are
subsequently incorporated into the solicitation shall
be protested not later than the next closing time for
receipt of proposals following the incorporation. A
protest that meets these time limitations that was
previously filed with the Comptroller General may not
be reviewed.
``(B) A protest other than one covered by
subparagraph (A) shall be filed not later than 10 days
after the basis of the protest is known or should have
been known (whichever is earlier), with the exception
of a protest challenging a procurement conducted on the
basis of competitive proposals under which a debriefing
is requested and, when requested, is required. In such
a case, with respect to any protest the basis of which
is known or should have been known either before or as
a result of the debriefing, the initial protest shall
not be filed before the debriefing date offered to the
protester, but shall be filed not later than 10 days
after the date on which the debriefing is held.
``(C) If a timely agency-level protest was
previously filed, any subsequent protest to the United
States Court of Federal Claims that is filed within 10
days of actual or constructive knowledge of initial
adverse agency action shall be considered, if the
agency-level protest was filed in accordance with
subparagraphs (A) and (B), unless the contracting
agency imposes a more stringent time for filing the
protest, in which case the agency's time for filing
shall control. In a case where an alleged impropriety
in a solicitation is timely protested to a contracting
agency, any subsequent protest to the United States
Court of Federal Claims shall be considered timely if
filed within the 10-day period provided by this
subparagraph, even if filed after bid opening or the
closing time for receipt of proposals.
``(D) A protest untimely on its face shall be
dismissed. A protester shall include in its protest all
information establishing the timeliness of the protest;
a protester shall not be permitted to introduce for the
first time in a motion for reconsideration information
necessary to establish that the protest was timely.
Under no circumstances may the United States Court of
Federal Claims consider a protest that is untimely
because it was first filed with the Government
Accountability Office.''.
(b) Available Relief.--Paragraph (2) of such section is amended by
inserting ``monetary relief shall not be available if injunctive relief
is or has been granted, and'' after ``except that''.
(c) Agency Decisions Overriding Stay of Contract Award or
Performance.--Such section is further amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) The United States Court of Federal Claims shall have
jurisdiction to render judgment on an action by an interested
party challenging an agency's decision to override a stay of
contract award or contract performance that would otherwise be
required by section 3553 of title 31.''.
(d) Conforming Amendments.--
(1) In general.--Section 3556 of title 31, United States
Code, is amended--
(A) by inserting ``instead of with the Comptroller
General'' before the period at the end of the first
sentence; and
(B) by striking the second sentence.
(2) Section heading amendment.--The heading of such section
is amended by striking ``; matter included in agency record''.
(e) Effective Date.--The amendments made by this section shall
apply to any cause of action filed 180 days or more after the date of
the enactment of this Act.
SEC. 808. SPECIAL EMERGENCY PROCUREMENT AUTHORITY TO FACILITATE THE
DEFENSE AGAINST OR RECOVERY FROM A CYBER ATTACK.
Section 1903(a)(2) of title 41, United States Code, is amended by
inserting ``cyber,'' before ``nuclear,''.
SEC. 809. MODIFICATION OF AUTHORITY FOR THE CIVILIAN ACQUISITION
WORKFORCE PERSONNEL DEMONSTRATION PROJECT.
Section 1762 of title 10, United States Code, is amended--
(1) in subsection (c), by striking ``120,000'' and
inserting ``150,000''; and
(2) in subsection (g), by striking ``December 31, 2020''
and inserting ``December 31, 2022''.
SEC. 810. PURPOSES FOR WHICH THE DEPARTMENT OF DEFENSE ACQUISITION
WORKFORCE DEVELOPMENT FUND MAY BE USED.
(a) In General.--Subsection (e)(4) of section 1705 of title 10,
United States Code, is amended by striking ``other than for the purpose
of'' and all that follows and inserting ``other than for the purpose
of--
``(A) providing advanced training to Department of
Defense employees; and
``(B) support of human capital and talent
management of the acquisition workforce, including
benchmarking studies, assessments, and requirements
planning.''.
(b) Technical Amendments.--Such section is further amended--
(1) in subsection (d)(2)(C), by striking ``in each'' and
inserting ``in such'';
(2) in subsection (f)--
(A) by striking ``Not later than 120 days after the
end of each fiscal year'' and inserting ``Not later
than February 1 each year''; and
(B) by striking ``such fiscal year'' the first
place it appears and inserting ``the preceding fiscal
year''; and
(3) in subsection (g)(1)--
(A) by striking ``of of'' and inserting ``of''; and
(B) by striking ``, as defined in subsection
(h),''.
SEC. 811. CLOSEOUT OF OLD CONTRACTS.
(a) Notwithstanding any other provision of law, the Secretary of
the Navy may close out contracts described in subsection (b) through
the issuance of one or more modifications to existing Department of the
Navy contracts without completing further reconciliation audits or
corrective actions other than those described in this section. To
accomplish close out of such contracts--
(1) remaining contract balances may be offset with balances
in other contract line items within a contract regardless of
the year or type of appropriation previously or currently
obligated to fund each contract line item and regardless of
whether either appropriation has closed; and
(2) remaining contract balances may be offset with balances
on other contracts regardless of the year or type of
appropriation previously or currently obligated to fund each
contract and regardless of whether either appropriation has
closed.
(b) The contracts covered by this section are contracts to design,
construct, repair, or support the construction or repair of Navy
submarines that--
(1) were entered into between fiscal years 1974 and 1998;
and
(2) have no further supply or services deliverables due
under the terms and conditions of the contract;
(3) The Secretary of the Navy has established the total
final contract value for each contract; and
(4) The Secretary of the Navy has determined the final
allowable cost for each contract that may have a negative or
positive unliquidated obligation balance for which it would be
difficult to determine the year or type of appropriation
because--
(A) the records have been destroyed or lost; or
(B) the records are available but the Contracting
Officer in collaboration with the Certifying Official
has determined that a discrepancy is of a de minimis
value such that the time and effort required to
determine the cause of an out-of-balance condition is
disproportionate to the amount of the discrepancy.
(c) The contracts identified in subsection (b) may be closed out--
(1) upon receipt of $581,803 from the contractor to be
deposited into the Treasury as Miscellaneous Receipts and
without seeking further amounts from the contractor; or
(2) without payment to the contractor of any amounts that
may be due under any such contracts.
(d) In any case where this authority is exercised, the cognizant
payment or accounting offices may adjust and close any open finance and
accounting records.
(e) No liability will attach to any accounting, certifying, or
payment official or contracting officer for any adjustments or close
out made pursuant to this authority.
SEC. 812. CONTRACT CLOSEOUT AUTHORITY.
(a) Notwithstanding any other provision of law or regulation, the
Secretary of Defense may close out a contract or group of contracts as
described in subsection (b) through the issuance of one or more
modifications to existing Department of Defense contracts without
completing a reconciliation audit or other corrective action as more
specifically described in subsection (c) and the regulations
promulgated by the Secretary pursuant to subsection (f). To accomplish
closeout of such contracts--
(1) remaining contract balances may be offset with balances
in other contract line items within a contract regardless of
the year or type of appropriation previously or currently
obligated to fund each contract line item and regardless of
whether either appropriation has closed; and
(2) remaining contract balances may be offset with balances
on other contracts regardless of the year or type of
appropriation previously or currently obligated to fund each
contract and regardless of whether either appropriation has
closed;
(b) Contracts covered by this section are contracts or a group of
contracts between the Department of Defense and a defense contractor
that--
(1) were entered into prior to fiscal year 2000;
(2) have no further supplies or services deliverables due
under the terms and conditions of the contract; and
(3) are determined by the Secretary of Defense to be not
otherwise reconcilable because--
(A) the records have been destroyed or lost; or
(B) the records are available but the Secretary of
Defense has determined that the time or effort required
to determine the exact amount owed to the government or
amount owed to the contractor is disproportionate to
the amount at issue.
(c) Any contract or contracts covered by this section may be closed
out through a negotiated settlement with the contractor.
(d) In any case where this authority is exercised, the cognizant
payment or accounting offices may adjust and close any open finance and
accounting records.
(e) No liability will attach to any accounting, certifying, or
payment official or contracting officer for any adjustments or closeout
made pursuant to this authority.
(f) The Secretary of Defense shall prescribe regulations for the
administration of the authority under this section.
SEC. 813. SIMPLIFICATION OF THE PROCESS FOR PREPARATION AND EVALUATION
OF PROPOSALS FOR CERTAIN SERVICE CONTRACTS.
(a) Contracting Under Title 41, United States Code.--Section
3306(c) of title 41, United States Code, is amended--
(1) in paragraph (1), by inserting ``except as provided in
paragraph (3),'' in subparagraphs (B) and (C) after the
subparagraph designation; and
(2) by adding at the end the following new paragraphs:
``(3) Exceptions for certain indefinite delivery,
indefinite quantity multiple-award contracts and certain
federal supply schedule contracts.--If the head of an agency
issues a solicitation for multiple task or delivery order
contracts under section 4103 of this title, or a Federal supply
schedule contract under section 501(b) of title 40 and section
152(3) of this title, for the same or similar services and
intends to make a contract award to each qualifying offeror--
``(A) cost or price to the Federal Government need
not, at the Government's discretion, be considered
under subparagraph (B) of paragraph (1) as an
evaluation factor for the contract award; and
``(B) if, pursuant to subparagraph (A), cost or
price to the Federal Government is not considered as an
evaluation factor for the contract award--
``(i) the disclosure requirement of
subparagraph (C) of paragraph (1) shall not
apply; and
``(ii) cost or price to the Federal
Government shall be considered in conjunction
with the issuance of a task or delivery order
under any contract resulting from the
solicitation that is awarded pursuant to
section 501(b) of title 40 and section 152(3)
of this title.
``(4) Qualifying offeror defined.--In paragraph (3), the
term `qualifying offeror' means an offeror that--
``(A) is determined to be a responsible source;
``(B) submits a proposal that conforms to the
requirements of the solicitation; and
``(C) the contracting officer has no reason to
believe would likely offer other than fair and
reasonable pricing.''.
(b) Contracting Under Title 10, United States Code.--Section
2305(a)(3) of title 10, United States Code, is amended--
(1) in subparagraph (A), by inserting ``(except as provided
in subparagraph (C))'' in clauses (ii) and (iii) after
``shall''; and
(2) by adding at the end the following new subparagraphs:
``(C) If the head of an agency issues a
solicitation for multiple task or delivery order
contracts under section 2304a(d)(1)(B) of this title
for the same or similar services and intends to make a
contract award to each qualifying offeror--
``(i) cost or price to the Federal
Government need not, at the Government's
discretion, be considered under clause (ii) of
subparagraph (A) as an evaluation factor for
the contract award; and
``(ii) if, pursuant to clause (i), cost or
price to the Federal Government is not
considered as an evaluation factor for the
contract award--
``(I) the disclosure requirement of
clause (iii) of subparagraph (A) shall
not apply; and
``(II) cost or price to the Federal
Government shall be considered in
conjunction with the issuance pursuant
to section 2304c(b) of this title of a
task or delivery order under any
contract resulting from the
solicitation.
``(D) In subparagraph (C), the term `qualifying
offeror' means an offeror that--
``(i) is determined to be a responsible
source;
``(ii) submits a proposal that conforms to
the requirements of the solicitation; and
``(iii) the contracting officer has no
reason to believe would likely offer other than
fair and reasonable pricing.''.
SEC. 814. MICRO-PURCHASE THRESHOLD APPLICABLE TO GOVERNMENT
PROCUREMENTS.
(a) Increase in Threshold.--Section 1902 of title 41, United States
Code, is amended--
(1) in subsection (a), by striking ``$3,000'' and inserting
``$10,000''; and
(2) in subsections (d) and (e), by striking ``not greater
than $3,000'' and inserting ``with a price not greater than the
micro-purchase threshold''.
(b) OMB Guidance.--The Director of the Office of Management and
Budget shall update the guidance in Circular A-123, Appendix B, as
appropriate, to ensure that agencies--
(1) follow sound acquisition practices when making
purchases using the Government purchase card; and
(2) maintain internal controls that reduce the risk of
fraud, waste, and abuse in Government charge card programs.
(c) Convenience Checks.--A convenience check may not be used for an
amount in excess of one half of the micro-purchase threshold under
section 1902(a) of title 41, United States Code, or a lower amount set
by the head of the agency, and use of convenience checks shall comply
with controls prescribed in OMB Circular A-123, Appendix B.
SEC. 815. PILOT PROGRAMS FOR AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL
ITEMS USING GENERAL SOLICITATION COMPETITIVE PROCEDURES.
(a) Authority.--
(1) In general.--The head of an agency may carry out a
pilot program, to be known as a ``commercial solutions opening
pilot program'', under which innovative commercial items may be
acquired through a competitive selection of proposals resulting
from a general solicitation and the peer review of such
proposals.
(2) Head of an agency.--In this section, the term ``head of
an agency'' means the following:
(A) The Secretary of Defense.
(B) The Secretary of Homeland Security.
(C) The Administrator of General Services.
(3) Applicability of section.--This section applies to the
following agencies:
(A) The Department of Defense.
(B) The Department of Homeland Security.
(C) The General Services Administration.
(b) Treatment as Competitive Procedures.--Use of general
solicitation competitive procedures for the pilot program under
subsection (a) shall be considered--
(1) in the case of the Department of Defense, to be use of
competitive procedures for purposes of chapter 137 of title 10,
United States Code; and
(2) in the case of the Department of Homeland Security and
the General Services Administration, to be use of competitive
procedures for purposes divison C of title 41, United States
Code (as defined in section 152 of such title).
(c) Limitation.--The head of an agency may not enter into a
contract under the pilot program for an amount in excess of
$10,000,000.
(d) Guidance.--The head of an agency shall issue guidance for the
implementation of the pilot program under this section within that
agency. Such guidance shall be issued in consultation with the Office
of Management and Budget and shall be posted for access by the public.
(e) Report Required.--
(1) In general.--Not later than three years after the date
of the enactment of this Act, the head of an agency shall
submit to the congressional committees specified in paragraph
(3) a report on the activities the agency carried out under the
pilot program.
(2) Elements of report.--Each report under this subsection
shall include the following:
(A) An assessment of the impact of the pilot
program on competition.
(B) In the case of the Department of Defense, an
assessment of the ability under the pilot program to
attract proposals from nontraditional defense
contractors (as defined in section 2302(9) of title 10,
United States Code).
(C) A comparison of acquisition timelines for--
(i) procurements made using the pilot
program; and
(ii) procurements made using other
competitive procedures that do not use general
solicitations.
(D) A recommendation on whether the authority for
the pilot program should be made permanent.
(3) The congressional committees specified in this
paragraph are the following:
(A) With respect to the Department of Defense, the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives.
(B) With respect to the Department of Homeland
Security and the General Services Administration, the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and
Government Reform of the House of Representatives.
(e) Definition.--In this section, the term ``innovative'' means--
(1) any new technology, process, or method, including
research and development; or
(2) any new application of an existing technology, process,
or method.
(f) Termination.--The authority to enter into a contract under a
pilot program under this section terminates on September 30, 2022.
SEC. 816. INCREASE IN SIMPLIFIED ACQUISITION THRESHOLD.
Section 134 of title 41, United States Code, is amended by striking
``$100,000'' and inserting ``$500,000''.
SEC. 817. CATEGORY MANAGEMENT.
(a) Guidance.--The Office of Management and Budget shall issue
guidance to support the implementation of category management by
executive agencies. The guidance shall address, at a minimum, the
following:
(1) Principles and practices for--
(A) addressing common agency needs for goods and
services through the use of data analytics, application
of best-in-class practices, and an understanding of
market and agency cost drivers and other relevant
considerations;
(B) reducing duplication of contract vehicles for
the same or similar requirements;
(C) collecting and interagency sharing of pricing
data, contract terms and conditions, and other
information as appropriate;
(D) strengthening demand management practices; and
(E) meeting other policy objectives achieved
through Federal contracting, including--
(i) ensuring that small businesses,
qualified HUBZone small business concerns,
small businesses owned and controlled by
socially and economically disadvantaged
individuals, service-disabled veteran-owned
small businesses, and small businesses owned
and controlled by women are provided with the
maximum practicable opportunities, as available
to other potential contractors, to participate
in Federal acquisitions; and
(ii) strengthening sustainability and
accessibility requirements in Federal
acquisitions.
(2) The roles and responsibilities of the Office of
Management and Budget, the General Services Administration, and
other agencies, as appropriate, in furthering category
management principles and practices.
(3) Metrics for measuring results achieved through
application of category management principles and practices.
(b) Responsibilities of Agency Chief Acquisition Officers.--Section
1702(b)(3) of title 41, United States Code, is amended--
(1) by redesignating subparagraphs (D), (E), (F), and (G)
as subparagraphs (E), (F), (G), and (H), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) establishing and overseeing a category
management program for the agency's spend in
consultation with the agency Chief Information Officer,
the agency Chief Financial Officer, and other agency
officials, as appropriate;''.
SEC. 818. INNOVATION SET ASIDE PILOT PROGRAM.
(a) In General.--The Director of the Office of Management and
Budget may, in consultation with the Administrator of the Small
Business Administration, conduct a pilot program to increase the
participation of new, innovative entities in Federal contracting
through the use of innovation set-asides.
(b) Authority.--(1) Notwithstanding the competition requirements in
chapter 33 of title 41, United States Code, and the set-aside
requirements in section 15 of the Small Business Act (15 U.S.C. 644), a
Federal agency, with the concurrence of the Director, may set aside a
contract award to one or more new entrant contractors. The Director
shall consult with the Administrator prior to providing concurrence.
(2) Notwithstanding any law addressing compliance
requirements for Federal contracts--
(A) except as provided in subparagraph (B), a
contract award to a new entrant contractor under the
pilot program shall be subject to the same relief
afforded under section 1905 of title 41, United States
Code, to contracts the value of which is not greater
than the simplified acquisition threshold; and
(B) for up to five pilots, the Director may
authorize an agency to make an award to a new entrant
contractor subject to the same compliance requirements
that apply to a contractor receiving an award from the
Secretary of Defense under section 2371 of title 10
United States Code.
(c) Conditions for Use.--The authority provided in subsection (b)
may be used under the following conditions:
(1)(A) The agency has a requirement for new methods,
processes, or technologies, which may include research and
development, or new applications of existing methods, processes
or technologies, to improve quality, reduce costs, or both; or
(B) Based on market research, the agency has determined
that the requirement cannot be easily provided through an
existing Federal contract;
(2) The agency intends either to make an award to a small
business concern or to give special consideration to a small
business concern before making an award to other than a small
business; and
(3) The length of the resulting contract will not exceed 2
years.
(d) Number of Pilots.--The Director may authorize the use of up to
25 innovation set-asides acquisitions.
(e) Award Amount.--
(1) Except as provided in paragraph (2), the amount of an
award under the pilot program under this section may not exceed
$2,000,000 (including any options).
(2) The Director may authorize not more than 5 set-asides
with an award amount greater than $2,000,000 but not greater
than $5,000,000 (including any options).
(f) Guidance and Reporting.--
(1) The Director shall issue guidance, as necessary, to
implement the pilot program under this section.
(2) Within 3 years after the date of the enactment of this
Act, the Director, in consultation with the Administrator shall
submit to Congress a report on the pilot program under this
section. The report shall include the following:
(A) The number of awards (or orders under the
Schedule) made under the authority of this section.
(B) For each award (or order)--
(i) the agency that made the award (or
order);
(ii) the amount of the award (or order);
and
(iii) a brief description of the award (or
order), including the nature of the requirement
and the innovation produced from the award (or
expected if contract performance is not
completed).
(g) Sunset.--The authority to award an innovation set-aside under
this section shall terminate on December 31, 2020.
(h) Definition.--For purposes of this section, the term ``new
entrant contractor'', with respect to any contract under the program,
means an entity that has not been awarded a Federal contract within the
5-year period ending on the date on which a solicitation for that
contract is issued under the program.
SEC. 819. CODIFICATION AND ENHANCEMENT OF AUTHORIZED USE OF FUNDS IN
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Redesignation of Fund.--The fund of the Department of Defense
known as the ``Joint Improvised Explosive Device Defeat Fund'' is
redesignated as the ``Joint Improvised-Threat Defeat Fund''.
(b) Codification of Authority and Expansion of Authorized Use of
Funds.--
(1) In general.--Chapter 136 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2283. Joint Improvised-Threat Defeat Fund: authorized uses
``(a) Use of Funds.--Funds made available to the Secretary of
Defense for the Joint Improvised-Threat Defeat Fund (in this section
referred to as the `Fund') for any fiscal year shall be available to
investigate, develop, and provide equipment, supplies, services,
training, facilities, personnel, and funds to assist armed forces in
the defeat of improvised threats as specified by the Secretary of
Defense.
``(b) Transfer Authority.--
``(1) Transfers authorized.--Amounts available in the Fund
may be transferred from the Fund to any of the following
accounts and funds of the Department of Defense to accomplish
the purposes provided in subsection (a):
`` (A) Military personnel accounts.
``(B) Operation and maintenance accounts.
``(C) Procurement accounts.
``(D) Research, development, test, and evaluation
accounts.
``(E) Defense working capital funds.
``(2) Additional transfer authority.--The transfer
authority provided by paragraph (1) is in addition to any other
transfer authority available to the Department of Defense.
``(3) Advance notice to congressional committees.--Funds
may not be transferred from the Fund under paragraph (1) until
five days after the date on which the Secretary of Defense
submits to the congressional defense committees notice in
writing of the details of the proposed transfer.
``(4) Transfers back to the fund.--Upon determination that
all or part of the funds transferred from the Fund under
paragraph (1) are not necessary for the purpose provided, such
funds may be transferred back to the Fund.
``(5) Effect on authorization amounts.--A transfer of an
amount to an account under the authority in paragraph (1) shall
be deemed to increase the amount authorized for such account by
an amount equal to the amount transferred.
``(c) Interdiction of Improvised Explosive Device Precursor
Materials.--
``(1) Availability of funds.--Of the funds made available
for the Fund for any fiscal year, up to $15,000,000 may be used
by the Secretary of Defense to provide assistance in the form
of training, equipment, supplies, and services to ministries
and other governmental entities of any country that the
Secretary of Defense, with the concurrence of the Secretary of
State, has identified as critical for countering the movement
of precursor materials for improvised explosive devices. Any
such assistance shall be provided for the purpose of countering
the movement of such precursor materials.
``(2) Provision through other united states agencies.--If
agreed upon by the Secretary of Defense and the head of another
department or agency of the United States, the Secretary of
Defense may transfer funds available under paragraph (1) to the
head of such department or agency for the provision by such
department or agency of assistance described in that paragraph
to ministries and other government entities of a country
identified under that paragraph.
``(3) Advance notice to congressional committees.--Funds
may not be used under the authority in paragraph (1) with
respect to any country until 15 days after the date on which
the Secretary of Defense submits to the congressional
committees specified in subsection (e) a notice (prepared in
coordination with the Secretary of State) of the following:
``(A) The country identified pursuant to paragraph
(1).
``(B) The amount of funds to be used with respect
to that country and the training, equipment, supplies,
and services to be provided using such funds.
``(C) Evaluation of the effectiveness of efforts by
that country to counter the movement of precursor
materials for improvised explosive devices.
``(d) Training of Foreign Security Forces To Defeat Improvised
Threats.--
``(1) Availability of funds.--Of the funds made available
for the Fund for any fiscal year, up to $15,000,000 may be used
by the Secretary of Defense to provide training, basic
equipment, and services to foreign security forces to defeat
improvised threats under authority provided the Secretary of
Defense under any other provision of law.
``(2) Construction of availability of funds.--Paragraph (1)
is not authority itself for the provision of training, basic
equipment, and services described in that paragraph.
``(e) Specified Congressional Committees.--The congressional
committees specified in this subsection are the following:
``(1) The Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.
``(2) The Committee on Armed Services, the Committee on
Foreign Affairs and the Committee on Appropriations of the
House of Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2283. Joint Improvised-Threat Defeat Fund: authorized uses.''.
(c) Conforming Repeals.--The following provisions of law are
repealed:
(1) Section 1514 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2439), as most recently amended by section 1532(b) of the
National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 127 Stat. 939).
(2) Section 1533 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1092).
SEC. 820. REPEAL OF PROHIBITION ON PERFORMANCE OF NON-DEFENSE AUDITS BY
DEFENSE CONTRACT AUDIT AGENCY.
Section 893 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 952) is amended by striking
subsections (a) and (d).
SEC. 821. AUTHORITY FOR DISCLOSURE OF CERTAIN SENSITIVE INFORMATION TO
DEPARTMENT OF DEFENSE CONTRACTORS PERFORMING UNDER A
DEPARTMENT OF DEFENSE FEDERALLY FUNDED RESEARCH AND
DEVELOPMENT CENTER CONTRACT.
(a) Authority.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 129d the following new section:
``Sec. 129e. Disclosure to Department of Defense contractors performing
under a Department of Defense federally funded research
and development center contract
``(a) Disclosure Authority.--Subject to subsection (b), an officer
or employee of the Department of Defense may disclose sensitive
information to a Department of Defense contractor performing under a
Department of Defense federally funded research and development center
contract if the disclosure is for the sole purpose of the performance
of administrative, technical or professional services under and within
the scope of the contract.
``(b) Conditions on Disclosure.--Sensitive information may be
disclosed under subsection (a) with respect to a contract described in
that subsection only if the contractor agrees to and acknowledges in
such contract--
``(1) that sensitive information furnished to the
contractor under the authority of this section will be accessed
and used only for the purposes stated in the contract;
``(2) that the contractor will take all precautions
necessary to prevent disclosure of the sensitive information
furnished to anyone not authorized access to the information in
order to perform such contract;
``(3) that such sensitive information furnished under the
authority of this section shall not be used by the contractor
to compete against a third party for Government or non-
Government contracts; and
``(4) that the violation of paragraph (1), (2), or (3) is a
basis for the Government to terminate the contract for default
or to pursue other such remedies as permitted under the
contract or by law.
``(c) Definition.--In this section, the term `sensitive
information' means confidential commercial, financial, or proprietary
information, technical data, contract performance, contract performance
evaluation, management, and administration data, or other privileged
information owned by other defense contractors that is exempt from
public disclosure under section 552(b)(4) of title 5 or which would
otherwise be prohibited from disclosure under section 1832 or 1905 of
title 18.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
129d the following new item:
``129e. Disclosure to Department of Defense contractors performing
under a Department of Defense federally
funded research and development center
contract.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. PROTECTION AND ENHANCEMENT OF ACCESS TO AND SAVINGS AT
COMMISSARIES AND EXCHANGES.
(a) Optimization Strategy.--Section 2481(c) of title 10, United
States Code, is amended by adding at the end the following paragraph:
``(3)(A) The Secretary of Defense shall develop and
implement a comprehensive strategy to optimize management
practices across the defense commissary system and the exchange
system that reduce reliance of those systems on appropriated
funding without reducing benefits to the patrons of those
systems or the revenue generated by nonappropriated fund
entities or instrumentalities of the Department of Defense for
the morale, welfare, and recreation of members of the armed
forces.
``(B) The Secretary shall ensure that savings generated due
to such optimization practices are shared by the defense
commissary system and the exchange system through contracts or
agreements that appropriately reflect the participation of the
systems in the development and implementation of such
practices.''.
(b) Authorization To Supplement Appropriations Through Business
Optimization.--Section 2483(c) of such title is amended by adding at
the end the following new sentence: ``Such appropriated amounts may
also be supplemented with additional funds derived from improved
management practices implemented pursuant to sections 2481(c)(3) and
2487(c) of this title and the alternative pricing program implemented
pursuant to section 2484(i) of this title.''.
(c) Alternative Pricing Pilot Program.--Section 2484 of such title
is amended by adding at the end the following new subsections:
``(i) Alternative Pricing Program.--(1) The Secretary is authorized
to establish an alternative pricing program pursuant to which prices
may be established in response to market conditions and customer
demand, in accordance with the requirements of this subsection.
Notwithstanding the amount of the uniform surcharge assessed in
subsection (d), the Secretary may provide for an alternative surcharge
of not more than 5 percent of sales proceeds under such alternative
pricing program to be made available for the purposes specified in
subsection (h).
``(2) Before establishing an alternative pricing program under this
subsection, the Secretary shall establish the following:
``(A) Specific, measurable benchmarks for success in the
provision of high quality grocery merchandise, discount savings
to patrons, and levels of customer satisfaction while achieving
savings for the Department of Defense.
``(B) A baseline of overall savings to patrons achieved by
commissary stores prior to the initiation of the alternative
pricing program, based on a comparison of prices charged by
those stores on a regional basis with prices charged by
relevant local competitors for a representative market basket
of goods.
``(3) The Secretary shall ensure that the defense commissary system
implements the alternative pricing program by conducting price
comparisons using the methodology established for paragraph (2)(B) and
adjusting pricing as necessary to ensure that pricing in the
alternative pricing program achieves overall savings to patrons that
are reasonably consistent with the baseline savings established for the
relevant region pursuant to such paragraph.
``(j) Conversion to Nonappropriated Fund Entity or
Instrumentality.--(1) If the Secretary determines that the alternative
pricing program has met the benchmarks for success established pursuant
to subsection (i)(2)(A) and the savings requirements established
pursuant to subsection (i)(3) over a period of at least six months, the
Secretary may convert the defense commissary system to a
nonappropriated fund entity or instrumentality, with operating expenses
financed in whole or in part by receipts from the sale of products and
the sale of services. Upon such conversion, appropriated funds shall be
transferred to the defense commissary system only in accordance with
paragraph (2) or section 2491 of this title. The requirements of
section 2483 shall not apply to the defense commissary system operating
as a nonappropriated fund entity or instrumentality.
``(2) If the Secretary determines that the defense commissary
system operating as a nonappropriated fund entity or instrumentality is
likely to incur a loss in any fiscal year as a result of compliance
with the savings requirement established in subsection (i), the
Secretary shall authorize a transfer of appropriated funds available
for such purpose to the commissary system in an amount sufficient to
offset the anticipated loss. Any funds so transferred shall be
considered to be nonappropriated funds for such purpose.
``(3) The Secretary of Defense may identify positions of employees
in the defense commissary system who are paid with appropriated funds
whose status may be converted to the status of an employee of a
nonappropriated fund entity or instrumentality. The status and
conversion of such employees shall be addressed as provided in section
2491(c) for employees in morale, welfare, and recreation programs. No
individual who is an employee of the defense commissary system as of
the date of the enactment of this subsection shall suffer any loss of
or decrease in pay as a result of the conversion.''.
(d) Establishment of Common Business Practices.--Section 2487 of
such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Common Business Practices.--(1) Notwithstanding subsections
(a) and (b), the Secretary of Defense may establish common business
processes, practices, and systems--
``(A) to exploit synergies between the operations of the
defense commissary system and the exchange system; and
``(B) to optimize the operations of the defense retail
systems as a whole and the benefits provided by the
commissaries and exchanges.
``(2) The Secretary may authorize the defense commissary system and
the exchange system to enter into contracts or other agreements--
``(A) for products and services that are shared by the
defense commissary system and the exchange system; and
``(B) for the acquisition of supplies, resale goods, and
services on behalf of both the defense commissary system and
the exchange system.
``(3) For the purpose of a contract or agreement authorized under
paragraph (2), the Secretary may--
``(A) use funds appropriated pursuant to section 2483 of
this title to reimburse a nonappropriated fund entity or
instrumentality for the portion of the cost of a contract or
agreement entered by the nonappropriated fund entity or
instrumentality that is attributable to the defense commissary
system; and
``(B) authorize the defense commissary system to accept
reimbursement from a nonappropriated fund entity or
instrumentality for the portion of the cost of a contract or
agreement entered by the defense commissary system that is
attributable to the nonappropriated fund entity or
instrumentality.''.
(e) Clarification of References to ``the Exchange System''.--
Section 2481(a) of title 10, United States Code, is amended by adding
at the end the following new sentence: ``Any reference in this chapter
to `the exchange system' shall be treated as referring to each separate
administrative entity within the Department of Defense through which
the Secretary of Defense has implemented the requirement under this
subsection for a world-wide system of exchange stores.''.
(f) Operation of Defense Commissary System as a Nonappropriated
Fund Entity.--In the event that the defense commissary system is
converted to a nonappropriated fund entity or instrumentality as
authorized by section 2484(j)(1) of title 10, United States Code, as
added by subsection (c) of this section, the Secretary may--
(1) provide for the transfer of commissary assets,
including inventory and available funds, to the nonappropriated
fund entity or instrumentality; and
(2) ensure that revenues accruing to the defense commissary
system are appropriately credited to the nonappropriated fund
entity or instrumentality.
(g) Conforming Change.--Section 2643(b) of such title is amended by
adding at the end the following new sentence: ``Such appropriated funds
may be supplemented with additional funds derived from improved
management practices implemented pursuant to sections 2481(c)(3) and
2487(c) of this title.''
SEC. 902. REVISION TO AUTHORITY OF THE SECRETARY OF DEFENSE RELATING TO
PROTECTION OF THE PENTAGON RESERVATION AND OTHER
DEPARTMENT OF DEFENSE FACILITIES IN THE NATIONAL CAPITAL
REGION.
(a) Law Enforcement Authority.--Subsection (b) of section 2674 of
title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (5);
(2) by striking the matter in such subsection preceding
such paragraph and inserting the following:
``(b) Law Enforcement Authorities and Personnel.--(1) The Secretary
shall protect the buildings, grounds, and property located in the
National Capital Region that are occupied by, or under the
jurisdiction, custody, or control of, the Department of Defense, and
the persons on that property.
``(2) The Secretary may designate military or civilian personnel to
perform law enforcement functions and military, civilian, or contract
personnel to perform security functions for such buildings, grounds,
property, and persons, including, with regard to civilian personnel
designated under this section, duty in areas outside the property
referred to in paragraph (1) to the extent necessary to protect that
property and persons on that property. Subject to the authorization of
the Secretary, any such military or civilian personnel so designated
may exercise the authorities listed in subsection (c) (1)-(5) of
section 2672 of this title.
``(3) The powers granted under paragraph (2) to military and
civilian personnel designated under that paragraph shall be exercised
in accordance with guidelines prescribed by the Secretary of Defense
and approved by the Attorney General.
``(4) Nothing in this subsection shall be construed to--
``(A) preclude or limit the authority of any Defense
Criminal Investigative Organization or any other Federal law
enforcement agency;
``(B) restrict the authority of the Secretary of Homeland
Security under the Homeland Security Act of 2002 (6 U.S.C. 101
et seq.) or the authority of the Administrator of General
Services, including the authority to promulgate regulations
affecting property under the custody and control of that
Secretary or the Administrator, respectively;
``(C) expand or limit section 21 of the Internal Security
Act of 1950 (50 U.S.C. 797);
``(D) affect chapter 47 of this title (the Uniform Code of
Military Justice);
``(E) restrict any other authority of the Secretary of
Defense or the Secretary of a military department; or
``(F) restrict the authority of the Director of the
National Security Agency under section 11 of the National
Security Agency Act of 1959 (50 U.S.C. 3609).''.
(b) Rates of Basic Pay for Civilian Law Enforcement Personnel.--
Paragraph (5) of such subsection, as redesignated by subsection (a)(1)
of this section, is amended by inserting ``, whichever is greater''
before the period at the end.
(c) Codification of Authority To Provide Physical Protection and
Personal Security Within the United States to Certain Senior Leaders in
the Department of Defense and Other Specified Persons.--
(1) New section.--Chapter 41 of title 10, United States
Code, is amended by inserting after section 713 a new section
714 consisting of--
(A) a heading as follows:
``Sec. 714. Senior leaders of the Department of Defense and other
specified persons: authority to provide protection within
the United States'';
and
(B) a text consisting of the text of subsections
(a) through (d) of section 1074 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 10 U.S.C. 113 note).
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``714. Senior leaders of the Department of Defense and other specified
persons: authority to provide protection
within the United States.''.
(3) Repeal of codified provision.--Section 1074 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 10 U.S.C. 113 note) is repealed.
(4) Conforming and stylistic amendments due to
codification.--Section 714 of title 10, United States Code, as
added by paragraph (1), is amended as follows:
(A) Subsections (a), (b)(1), and (d)(1) are amended
by striking ``Armed Forces'' and inserting ``armed
forces''.
(B) Subsection (c) is amended by striking
``section:'' and all that follows through ``Forces'
and'' and inserting ``section, the terms `qualified
members of the armed forces' and''.
(C) Subsection (d)(2) is amended by striking ``,
United States Code''.
(5) Amendments for consistency with title 10 usage as to
service chiefs.--Such section is further amended--
(A) in subsection (a)--
(i) by striking ``Chiefs of the Services''
in paragraph (6) and inserting ``Members of the
Joint Chiefs of Staff in addition to the
Chairman and Vice Chairman''
(ii) by striking paragraph (7); and
(iii) by redesignating paragraph (8) as
paragraph (7); and
(B) in subsection (b)(1), by striking ``through
(8)'' and inserting ``through (7)''.
(6) Amendments for consistency with title 10 usage as to
``military member''.--Subsection (b)(2)(A) of such section is
amended--
(A) by striking ``, military member,''; and
(B) by inserting after ``of the Department of
Defense'' the following: ``or member of the Army, Navy,
Air Force, or Marine Corps''.
SEC. 903. REORGANIZATION AND REDESIGNATION OF OFFICE OF FAMILY POLICY
AND OFFICE OF COMMUNITY SUPPORT FOR MILITARY FAMILIES
WITH SPECIAL NEEDS.
(a) Office of Family Policy.--
(1) Redesignation as office of military family readiness
policy.--Section 1781(a) of title 10, United States Code, is
amended--
(A) by striking ``Office of Family Policy'' and
inserting ``Office of Military Family Readiness
Policy''; and
(B) by striking ``Director of Family Policy'' and
inserting ``Director of Military Family Readiness
Policy''.
(2) Requirement for director to be member of the senior
executive service or a general of flag officer.--Such section
is further amended by adding at the end the following new
sentence: ``The Director shall be a member of the Senior
Executive Service or a general officer or flag officer.''.
(3) Inclusion of director on military family readiness
council.--Section 1781a(b)(1)(E) of such title is amended by
striking ``Office of Community Support for Military Families
with Special Needs'' and inserting ``Office of Military Family
Readiness Policy''.
(4) Conforming amendment.--Section 131(b)(7)(F) of such
title is amended by striking ``Director of Family Policy'' and
inserting ``Director of Military Family Readiness Policy''.
(5) Revised section heading.--
(A) Revised heading.--The heading of section 1781
of such title is amended to read as follows:
``Sec. 1781. Office of Military Family Readiness Policy''.
(B) Clerical amendment.--The item relating to
section 1781 in the table of sections at the beginning
of chapter 88 of such title is amended to read as
follows:
``1781. Office of Military Family Readiness Policy.''.
(b) Office of Community Support for Military Families With Special
Needs.--
(1) Reorganization under the office of military family
readiness policy.--Subsection (a) of section 1781c of such
title is amended by striking ``Office of the Under Secretary of
Defense for Personnel and Readiness'' and inserting ``Office of
Military Readiness Policy''.
(2) Redesignation as office of special needs.--Such section
is further amended--
(A) in subsection (a), by striking ``Office of
Community Support for Military Families with Special
Needs'' and inserting ``Office of Special Needs''; and
(B) in the heading, by striking ``Office of
Community Support for Military Families with Special
Needs'' and inserting ``Office of Special Needs''.
(3) Repeal of requirement for head of office to be member
of senior executive service or a general or flag officer.--Such
section is further amended by striking subsection (c).
(4) Clerical amendment.--The item relating to section 1781c
in the table of sections at the beginning of chapter 88 of such
title is amended to read as follows:
``1781c. Office of Special Needs.''.
SEC. 904. CHANGE OF PERIOD FOR CHAIRMAN OF THE JOINT CHIEFS OF STAFF
REVIEW OF THE UNIFIED COMMAND PLAN TO NOT LESS THAN EVERY
FOUR YEARS.
Section 161(b)(1) of title 10, United States Code, is amended by
striking ``two years'' and inserting ``four years''.
SEC. 905. CLARIFICATION OF AUTHORITY, DIRECTION, AND CONTROL OVER THE
INFORMATION ASSURANCE DIRECTORATE OF THE NATIONAL
SECURITY AGENCY.
Section 142(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking the semicolon and
inserting ``; and'';
(2) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (D).
SEC. 906. REDUCTION IN THE MINIMUM NUMBER OF NAVY CARRIER AIR WINGS AND
CARRIER AIR WING HEADQUARTERS REQUIRED TO BE MAINTAINED.
(a) Codification and Reduction.--Section 5062 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(e) The Secretary of the Navy shall ensure that the Navy
maintains--
``(1) a minimum of 9 carrier air wings; and
``(2) for each such carrier air wing, a dedicated and fully
staffed headquarters.''.
(b) Repeal of Superseded Section.--Section 1093 of the National
Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 5062 note) is
repealed.
SEC. 907. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT JOINT SPECIAL
OPERATIONS UNIVERSITY.
Section 1595(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) The Joint Special Operations University.''.
SEC. 908. MODIFICATIONS TO REQUIREMENTS FOR ACCOUNTING FOR MEMBERS OF
THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES LISTED AS MISSING.
(a) Limitation of DPAA to Missing Persons From Past Conflicts.--
Section 1501(a) of title 10, United States Code, is amended--
(1) in paragraph (1)(A), by inserting ``from past
conflicts'' after ``matters relating to missing persons'';
(2) in paragraph (2)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B), (C), (D),
(E), and (F) as subparagraphs (A), (B), (C), (D), and
(E), respectively; and
(C) by inserting ``from past conflicts'' after
``missing persons'' each place it appears;
(3) in paragraph (4)--
(A) by striking ``for personal recovery (including
search, rescue, escape, and evasion) and''; and
(B) by inserting ``from past conflicts'' after
``missing persons''; and
(4) by striking paragraph (5).
(b) Action Upon Discovery or Receipt of Information.--Section
1505(c) of such title is amended by striking ``designated Agency
Director'' in paragraphs (1), (2), and (3) and inserting ``Secretary of
Defense''.
(c) Definition of ``Accounted for''.--Section 1513(3)(B) of such
title is amended by inserting ``to the extent practicable'' after ``are
recovered''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. LIQUIDATION OF UNPAID CREDITS ACCRUED AS A RESULT OF
TRANSACTIONS UNDER A CROSS-SERVICING AGREEMENT.
(a) Liquidation of Unpaid Credits.--Section 2345 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(c)(1) Any credits of the United States accrued as a result of
the provision of logistic support, supplies, and services under the
authority of this subchapter that remain unliquidated more than 18
months after the date of delivery of the logistic support, supplies, or
services may, at the option of the Secretary of Defense, with the
concurrence of the Secretary of State, be liquidated by offsetting the
credits against any amount owed by the Department of Defense, pursuant
to a transaction or transactions concluded under the authority of this
subchapter, to the government or international organization to which
the logistic support, supplies, or services were provided by the United
States.
``(2) The amount of any credits offset pursuant to paragraph (1)
shall be credited as specified in section 2346 of this title as if it
were a receipt of the United States.''.
(b) Effective Date.--Subsection (c) of section 2345 of title 10,
United States Code, as added by subsection (a), shall apply with
respect to credits accrued by the United States which (1) were accrued
prior to, and remain unpaid as of, the date of the enactment of this
Act, or (2) are accrued after the date of the enactment of this Act.
SEC. 1002. SPECIAL AUTHORITY FOR THE DEPARTMENT OF DEFENSE TO REINVEST
TRAVEL REFUNDS.
(a) Refunds for Official Travel.--Subchapter I of chapter 8 of
title 37, United States Code, is amended by adding at the end the
following new section:
``Sec. 456. Managed travel program refunds
``(a) Credit of Refunds.--The Secretary of Defense may credit
refunds attributable to Department of Defense managed travel programs
as a direct result of official travel to such operation and maintenance
or research, development, test, and evaluation accounts of the
Department of Defense as designated by the Secretary that are available
for obligation for the fiscal year in which the refund or amount is
collected.
``(b) Use of Refunds.--Refunds credited under subsection (a) may
only be used for official travel or operations and efficiency
improvements for improved financial management of official travel.
``(c) Definitions.--In this section:
``(1) Managed travel program.--The term `managed travel
program' includes air, rental car, train, bus, dining, lodging,
and travel management, but does not include rebates or refunds
attributable to the use of the Government travel card, the
Government Purchase Card, or Government travel arranged by
Government Contracted Travel Management Centers.
``(2) Refund.--The term `refund' includes miscellaneous
receipts credited to the Department identified as a refund,
rebate, repayment, or other similar amounts collected.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
455 the following new item:
``456. Managed travel program refunds.''.
(c) Clarification on Retention of Travel Promotional Items.--
Section 1116(a) of the National Defense Authorization Act for Fiscal
Year 2002 (5 U.S.C. 5702 note) is amended--
(1) by striking ``Definition.--In this section, the term''
and inserting the following: ``Definitions.--In this section:''
``(1) The term''; and
(2) by adding at the end the following new paragraph:
``(2) The term `general public' includes the Federal
Government or an agency.''.
SEC. 1003. AUTHORITY FOR USE OF AMOUNTS RECOVERED FOR DAMAGE TO
GOVERNMENT PROPERTY.
(a) 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 ``property''.
(b) Availability of Recovered Funds.--The second sentence of such
section is amended--
(1) by striking ``In such amounts as are provided in
advance in appropriation Acts, amounts'' and inserting
``Amounts'';
(2) by inserting ``merged with, and'' before ``available
for use'';
(3) by inserting ``and for the same period'' after ``same
purposes''; and
(4) by inserting a comma after ``circumstances as''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended by striking ``real''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 165 of
such title is amended to read as follows:
``2782. Damage to property: disposition of amounts recovered.''.
Subtitle B--Counter-Drug Activities
SEC. 1011. EXTENSION OF DEPARTMENT OF DEFENSE AUTHORITY TO PROVIDE
SUPPORT FOR COUNTER-DRUG ACTIVITIES AND ACTIVITIES TO
COUNTER TRANSNATIONAL ORGANIZED CRIME.
Subsection (a) of section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C.
374 note), is amended by striking ``During fiscal years 2012 through
2017'' and inserting ``During fiscal years 2012 through 2019''.
SEC. 1012. EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.
(a) Extension of Authority.--Subsection (a)(2) of section 1033 of
the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1881), as most recently amended by section 1012 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 963), is further amended by striking ``expires
September 30, 2017'' and inserting ``shall be available through the end
of fiscal year 2019''.
(b) Reduction in Waiting Period for Obligation or Expenditure of
Funds After Notification of Congress.--Subsection (f)(2)(B) of such
section is amended by striking ``60 days'' and inserting ``15 days''.
SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA AND OF NUMERICAL
LIMITATION ON ASSIGNMENT OF UNITED STATES PERSONNEL IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1011 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. XXX), is further
amended--
(1) in subsection (a)(1), by striking ``2017'' and
inserting ``2021''; and
(2) in subsection (c), by striking ``2017'' and inserting
``2021''.
Subtitle C--Transportation Matters
SEC. 1021. AUTHORITY TO MAKE PRO RATA ANNUAL PAYMENTS UNDER OPERATING
AGREEMENTS FOR VESSELS PARTICIPATING IN MARITIME SECURITY
FLEET.
Section 53106(d) of title 46, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end following new paragraph:
``(4) may make a pro rata reduction in payment in the event
sufficient funds have not been appropriated to pay the full
annual payment authorized in subsection (a).''.
SEC. 1022. AUTHORITY TO EXTEND CERTAIN AGE RESTRICTIONS RELATING TO
VESSELS PARTICIPATING IN THE MARITIME SECURITY FLEET.
(a) Authority.--
(1) In general.--Section 53102 of title 46, United States
Code, is amended by adding at the end the following new
subsection:
``(g) Authority for Extension of Maximum Service Age for a
Participating Fleet Vessel.--The Secretary of Defense, in conjunction
with the Secretary of Transportation, may, for a particular
participating fleet vessel, extend the maximum age restrictions under
section 53101(5)(A)(ii) and section 53106(c)(3) for a period of up to 5
years if the Secretaries jointly determine that it is in the national
interest to do so.''.
(2) Conforming amendment.--The heading of subsection (f) of
such section is amended to read as follows: ``Authority for
Waiver of Age Restriction for Eligibility for a Vessel To Be
Included in the Fleet.--''.
(b) Repeal of Redundant Age Limitation.--Section 53106(c)(3) of
such title is amended--
(1) by striking ``or (C);'' at the end of subparagraph (A)
and inserting ``; or'';
(2) by striking ``; or'' at the end of subparagraph (B) and
inserting a period; and
(3) by striking subparagraph (C).
SEC. 1023. EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPORTATION TO
ISSUE NON-PREMIUM AVIATION INSURANCE.
Section 44310(b) of title 49, United States Code, is amended by
striking ``December 31, 2018'' and inserting ``December 31, 2019''.
SEC. 1024. EXPANDED AUTHORITY FOR TRANSPORTATION BY THE DEPARTMENT OF
DEFENSE OF NON-DEPARTMENT OF DEFENSE PERSONNEL AND CARGO.
(a) Transportation of Allied and Civilian Personnel and Cargo.--
Subsection (c) of section 2649 of title 10, United States Code, is
amended--
(1) in the subsection heading, by striking ``Personnel''
and inserting ``and Civilian Personnel and Cargo'';
(2) by striking ``Until January 6, 2016, when'' and
inserting ``When''; and
(3) by striking ``allied forces or civilians'', and
inserting ``allied and civilian personnel and cargo''.
(b) Commercial Insurance.--Such section is further amended by
adding at the end the following new subsection:
``(d) Commercial Insurance.--The Secretary may enter into a
contract or other arrangement with one or more commercial providers to
make insurance products available to non-Department of Defense shippers
using the Defense Transportation System to insure against the loss or
damage of the shipper's cargo. Any such contract or arrangement shall
provide that--
``(1) any insurance premium is collected by the commercial
provider;
``(2) any claim for loss or damage is processed and paid by
the commercial provider;
``(3) the commercial provider agrees to hold the United
States harmless and waive any recourse against the United
States for amounts paid to an insured as a result of a claim;
and
``(4) the contract between the commercial provider and the
insured shall contain a provision whereby the insured waives
any claim against the United States for loss or damage that is
within the scope of enumerated risks covered by the insurance
product.''.
(c) Conforming Cross-Reference Amendments.--Subsection (b) of such
section is amended by striking ``this section'' both places it appears
and inserting ``subsection (a)''.
SEC. 1025. MODIFICATIONS TO NATIONAL DEFENSE SEALIFT FUND REQUIREMENTS.
(a) Two-Year Suspension of Limitation on Funds Available for
National Defense Sealift Purposes.--Subsection (c)(3) of section 2218
of title 10, United States Code, is amended to read as follows:
``(3) Amounts may be obligated or expended for a purpose
set forth in subparagraph (b) or (d) of paragraph (1) only
from--
``(A) funds appropriated for any of fiscal years
2017 through 2018 that are otherwise available for such
purpose; or
``(B) funds deposited in the Fund pursuant to
subsection (d)(1).''.
(b) Two-Year Suspension of Requirement To Deposit Funds for
National Defense Sealift Purposes in the National Defense Sealift
Fund.--Subsection (d)(1) of such section is amended by inserting ``for
a fiscal year after fiscal year 2018'' after ``appropriated to the
Department of Defense''.
(c) Applicability of ``Buy American'' and Other Restrictions.--
Subsection (c) of such section is further amended by adding at the end
the following new paragraph:
``(4) Funds appropriated for the Department of Defense for
fiscal years 2017 through 2018 that are available--
``(A) for the installation and maintenance of
defense features for national defense purposes on
privately owned and operated vessels may be obligated
and expended for such purpose only for vessels that are
constructed in the United States and documented under
the laws of the United States; and
``(B) for expenses for maintaining the National
Defense Reserve Fleet under section 11 of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744), and the
costs of acquisition of vessels, and alteration and
conversion of vessels in (or to be placed in the
fleet), may be obligated and expended for such purposes
only for vessels built in United States shipyards or
vessels authorized for inclusion in the National
Defense Reserve Fleet and only in accordance with
section 1424(b) of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 7291 note).''.
(d) Conforming Amendment.--Subsection (f)(2) of such section is
amended by striking ``Public Law 101-510 (104 Stat. 1683)'' and
inserting ``the National Defense Authorization Act for Fiscal Year 1991
(10 U.S.C. 7291 note)''.
(e) Effective Date.--The amendments made by this section shall not
apply with respect to funds appropriated for a fiscal year before
fiscal year 2017.
SEC. 1026. DURATION OF AUTHORIZATION OF DOMICILE-TO-DUTY TRANSPORTATION
FOR DEFENSE PERSONNEL DESIGNATED TO BE PROVIDED SUCH
TRANSPORTATION WHEN ESSENTIAL TO THE CONDUCT OF OFFICIAL
BUSINESS.
(a) Designation of Eligible Personnel.--Section 2637 of title 10,
United States Code, is amended--
(1) by inserting`` (a) Areas Outside the United States.--''
before ``The Secretary of Defense'';
(2) by striking the last sentence of subsection (a), as
designated by paragraph (1); and
(3) by adding at the end the following new subsections:
``(b) Domicile-to-Duty Transportation.--In the application of
section 1344 of title 31 to the Department of Defense, an authorization
made pursuant to subsection (b)(9) of such section, and an extension of
such an authorization made pursuant to subsection (d)(2) of such
section, may be effective for a period not to exceed one year
(notwithstanding the otherwise applicable time periods specified in
such section).
``(c) Regulations.--Transportation under subsection (a) and the
implementation of subsection (b) shall be provided in accordance with
regulations prescribed by the Secretary of Defense.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``2637. ``Transportation in certain areas outside the United States;
transportation between residence and place of work''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 157 of
such title is amended to read as follows:
``2637. Transportation in certain areas outside the United States;
transportation between residence and place
of work.''.
(c) Conforming Cross-Reference Amendment.--Section 1344(c) of title
31, United States Code, is amended by striking ``section 2637'' and
inserting ``section 2637(a)''.
Subtitle D--Miscellaneous Authorities and Limitations
SEC. 1031. EXEMPTION OF INFORMATION ON MILITARY TACTICS, TECHNIQUES,
AND PROCEDURES FROM RELEASE UNDER FREEDOM OF INFORMATION
ACT.
(a) Exemption.--Subsection (a) of section 130e of title 10, United
States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting
``or information related to military tactics, techniques, and
procedures'' after ``security information'';
(2) by striking paragraph (1) and inserting the following:
``(1) The information is--
``(A) Department of Defense critical infrastructure
security information; or
``(B) related to a military tactic, technique, or
procedure, including a military rule of engagement;'';
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following new
paragraph (2):
``(2) the public disclosure of the information could
reasonably be expected to risk impairment of the effective
operation of Department of Defense by providing an advantage to
an adversary or potential adversary; and''.
(b) Definitions.--Subsection (c) of such section is amended--
(1) by striking ``Definition.--In this section, the'' and
inserting the following: ``Definitions.--In this section:
``(1) Department of defense critical infrastructure
security information.--The'';
and
(2) by adding at the end the following new paragraphs:
``(2) Tactic.--The term `tactic' means the employment and
ordered arrangement of forces in relation to each other.
``(3) Technique.--The term `technique' means non-
prescriptive way or method used to perform a mission, function,
or task.
``(4) Rule of engagement.--The term `rule of engagement'
means a directive issued by a competent military authority that
delineates the circumstances and limitations under which the
armed forces will initiate or continue combat engagement with
other forces encountered.''.
(c) Delegation and Transparency.--Such section is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d) and
in that subsection--
(A) by striking ``, or the Secretary's designee,'';
and
(B) by striking ``through the Office of the
Director of Administration and Management'' and
inserting ``in accordance with guidelines prescribed by
the Secretary''.
(d) Citation for Purposes of OPEN FOIA Act of 2009.--Such section
is further amended--
(1) in subsection (a), as amended by subsection (a) of this
section, by striking ``pursuant to section 552(b)(3) of title
5'' in the matter preceding paragraph (1); and
(2) by adding at the end the following new subsection:
``(e) Citation for Purposes of OPEN FOIA Act of 2009.--This section
is a statute that specifically exempts certain matters from disclosure
under section 552 of title 5, as described in subsection (b)(3) of that
section.''.
(e) Section Heading and Clerical Amendment.--
(1) The heading of such section is amended to read as
follows:
``Sec. 130e. Nondisclosure of information: critical infrastructure;
military tactics, techniques, and procedures''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 3 of such title is amended
to read as follows:
``130e. Nondisclosure of information: critical infrastructure; military
tactics, techniques, and procedures.''.
SEC. 1032. EXPANSION OF COVERAGE OF PERSONS WHO MAY BE ASSISTED UNDER
PROGRAM TO PROVIDE POST-ISOLATION SUPPORT ACTIVITIES FOR
CERTAIN RECOVERED ISOLATED PERSONNEL.
Section 1056a(c)(2) of title 10, United States Code, is amended--
(1) by striking ``(whether as an individual or a group)'';
(2) by inserting ``other United States Government'' after
``military activity or'' ; and
(3) by inserting ``or other individual determined by the
Secretary of Defense'' before the period at the end.
SEC. 1033. MODIFICATION TO AND EXTENSION OF AUTHORIZATION OF NON-
CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.
(a) Modification to Authorized Activities.--Subsection (c) of
section 943 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4578), as most recently
amended by section 1271 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92), is amended by inserting ``and
other individuals as determined by the Secretary of Defense'' before
the period at the end of the first sentence.
(b) Extension of Authority.--Subsection (h) of such section is
amended by striking ``2018'' and inserting ``2021''.
SEC. 1034. PROTECTION AGAINST MISUSE OF NAVAL SPECIAL WARFARE COMMAND
INSIGNIA.
(a) In General.--Chapter 663 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7882. Protection against misuse of insignia of Naval Special
Warfare Command
``(a) Covered Naval Special Warfare Insignia Defined.--In this
section, the term covered `Naval Special Warfare insignia' means any of
the following:
``(1) The Naval Special Warfare Insignia comprising or
consisting of the design of an eagle holding an anchor,
trident, and flint-lock pistol.
``(2) The Special Warfare Combatant Craft Crewman Insignia
comprising or consisting of the design of the bow and
superstructure of a Special Operations Craft on a crossed
flint-lock pistol and enlisted cutlass, on a background of
ocean swells.
``(3) Any colorable imitation of the insignia referred to
in paragraphs (1) and (2), in a manner which could reasonably
be interpreted or construed as conveying the false impression
that an advertisement, solicitation, business activity, or
product is in any manner approved, endorsed, sponsored, or
authorized by, or associated with, the United States
Government, the Department of Defense, or the Department of the
Navy.
``(b) Protection Against Misuse.--Subject to subsection (c), no
person may use any covered Naval Special Warfare insignia in connection
with any promotion, good, service, or other commercial activity when a
particular use would be likely to suggest a false affiliation,
connection, or association with, endorsement by, or approval of, the
United States, the Department of Defense, or the Department of the
Navy.
``(c) Exception.--Subsection (b) shall not apply to the use of a
covered Naval Special Warfare insignia for purposes such as criticism,
comment, news reporting, analysis, research, or scholarship.
``(d) Treatment of Disclaimers.--Any determination of whether a
person has violated this section shall be made without regard to any
use of a disclaimer of affiliation, connection, or association with,
endorsement by, or approval of the United States Government, the
Department of Defense, the Department of the Navy, or any subordinate
organization thereof to the extent consistent with international
obligations of the United States.
``(e) Enforcement.--Whenever it appears to the Attorney General
that any person is engaged in, or is about to engage in, an act or
practice that constitutes or will constitute conduct prohibited by this
section, the Attorney General may initiate a civil proceeding in a
district court of the United States to enjoin such act or practice, and
such court may take such injunctive or other action as is warranted to
prevent the act, practice, or conduct.
``(f) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary of the Navy to
register any symbol, name, phrase, term, acronym, or abbreviation
otherwise capable of registration under the provisions of the Act of
July 5, 1946, popularly known as the Lanham Act or the Trademark Act of
1946 (15 U.S.C. 1051 et seq.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``7882. Protection against misuse of Naval Special Warfare Command
insignia.''.
SEC. 1035. AUTHORITY TO ASSIST OTHER AGENCIES TO EXPEDITE REVIEW OF
PROPOSED DEPARTMENT OF DEFENSE ACTIONS UNDER THE
ENDANGERED SPECIES ACT.
(a) Assistance Authorized.--For any action by the Department of
Defense that requires a section 7 consultation, the Secretary of
Defense may transfer funds from accounts available for operation and
maintenance and may detail personnel on a nonreimbursable basis to the
head of the appropriate service to support such consultation.
(b) Conditions.--The Secretary may provide funds or detail
personnel under this section only if--
(1) the Secretary determines that it is in the interest of
national defense to complete a section 7 consultation for an
action by the Department of Defense within a particular time
period;
(2) the head of the appropriate service provides to the
Secretary notice that the appropriate service does not have
available funds or adequate personnel to complete such section
7 consultation within such time period; and
(3) the Secretary enters into an agreement with the head of
the appropriate service that specifies the funds or personnel
that the Secretary will provide to such service and requires
that such funds or personnel be used only to contribute toward
carrying out the section 7 consultation within such time
period.
(c) Crediting of Funds.--Funds received by the head of the
appropriate service pursuant to subsection (a) may be credited to
appropriations available to such service for salaries and expenses.
Subject to subsection (b), funds so credited shall be merged with and
be available for the same purposes and for the same time period as the
appropriations account to which such funds are credited.
(d) Limitations.--
(1) Use of funds.--Funds or personnel provided to the head
of the appropriate service under subsection (a) may be used
only to support activities that directly and meaningfully
contribute to carrying out the section 7 consultation for which
such funds or personnel are provided.
(2) Maximum amount of funds available to transfer in a
fiscal year.--The Secretary may not provide funds or personnel
under this section in excess of an aggregate value of
$1,000,000 in any fiscal year.
(e) Sunset.--
(1) In general.--Except as provided in paragraph (2), the
authority to transfer funds or detail personnel under this
section shall terminate on December 31, 2022.
(2) Exception.--With respect to any section 7 consultation
initiated prior to the date specified in paragraph (1) and for
which the Secretary began transferring funds or detailing
personnel under this section before such date, the Secretary
may continue to transfer funds and detail personnel in
accordance with this section.
(f) Definitions.--In this section:
(1) Head of the appropriate service.--The term ``head of
the appropriate service'' has the meaning given the term
``Secretary'' in section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532).
(2) Section 7 consultation.--The term ``section 7
consultation'' means consultation or conference by the
Department of Defense with the Secretary (as defined in section
3 of the Endangered Species Act of 1973 (16 U.S.C. 1532)) under
section 7 of such Act (16 U.S.C. 1536).
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Matters
SEC. 1101. AUTHORITY TO PROVIDE ADDITIONAL ALLOWANCES AND BENEFITS FOR
DEFENSE CLANDESTINE SERVICE EMPLOYEES.
Section 1603 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Additional Allowances and Benefits for Employees of the
Defense Clandestine Service.--In addition to the authority to provide
compensation under subsection (a), the Secretary of Defense may provide
an employee in a defense intelligence position who is assigned to the
Defense Clandestine Service allowances and benefits under paragraph (1)
of section 9904 of title 5 without regard to the limitations in that
section
``(1) that the employee be assigned to activities outside
the United States; or
``(2) that the activities to which the employee is assigned
be in support of Department of Defense activities abroad.''.
SEC. 1102. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1102 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. zzz), is further amended
by striking ``2017'' and inserting ``2018''.
SEC. 1103. TWO-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL
CIVILIAN EMPLOYEES WORKING OVERSEAS.
Section 1101(a) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615), as most
recently amended by section 1108 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1027), is
amended by striking ``through 2016'' and inserting ``through 2018''.
SEC. 1104. AUTHORITY FOR ADVANCEMENT OF PAY FOR CERTAIN EMPLOYEES
RELOCATING WITHIN THE UNITED STATES AND ITS TERRITORIES.
(a) Coverage.--Subsection (a) of section 5524a of title 5, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) The head of each agency may provide for the advance
payment of basic pay, covering not more than 6 pay periods, to
an employee who is assigned to a position in the agency that is
located--
``(A) outside of the employee's current commuting
area; and
``(B) in an area not covered by section 5927.''.
(b) Conforming Amendments.--Subsection (b) of such section is
amended--
(1) in paragraph (1), by inserting ``or assigned'' after
``appointed''; and
(2) in paragraph (2)(B)--
(A) by inserting ``or assignment'' after
``appointment''; and
(B) by inserting ``or assigned'' after
``appointed''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 5524a. Advance payments for new appointees and for certain
current employees relocating within the United States and
its territories''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 55 of such
title is amended to read as follows:
``5524a. Advance payments for new appointees and for certain current
employees relocating within the United
States and its territories.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
SEC. 1105. INCREASE IN MAXIMUM AMOUNT OF VOLUNTARY SEPARATION INCENTIVE
PAY AUTHORIZED FOR CIVILIAN EMPLOYEES.
(a) Government Employees Generally.--Section 3523(b)(3)(B) of title
5, United States Code, is amended by striking ``$25,000'' and inserting
``$40,000''.
(b) Department of Defense Employees.--Section 9902(f)(5)(A)(ii) of
such title is amended by striking ``$25,000'' and inserting ``an amount
determined by the Secretary, not to exceed $40,000''.
SEC. 1106. EXPANDED FLEXIBILITY IN SELECTING CANDIDATES FROM REFERRAL
LISTS.
(a) Expanded Flexibility.--Subchapter I of chapter 33 of title 5,
United States Code, is amended by striking sections 3317 and 3318 and
inserting the following new sections:
``Sec. 3317. Competitive service; certification using numerical ratings
``(a)(1) The Director of the Office of Personnel Management shall
certify a sufficient number of names from the top of the appropriate
register or list of eligibles, as determined pursuant to regulations
prescribed under subsection (b), and provide a certificate with such
names to an appointing authority that has requested a certificate of
eligibles to consider when filling a job in the competitive service.
``(2) Unless otherwise provided for in regulations prescribed under
subsection (b), the number of names certified under paragraph (1) shall
be not less than 3.
``(b) When an appointing authority, for reasons considered
sufficient by the Director, has three times considered and passed over
a preference eligible who was certified from a list of eligibles, the
Director may discontinue certifying the preference eligible for
appointment. The Director shall provide to such preference eligible
notice of the intent to discontinue certifying such preference eligible
prior to the discontinuance of certification.
``(c) The Director shall prescribe regulations to carry out the
provisions of this section. Such regulations shall include the
establishment of mechanisms for identifying the eligibles who will be
considered for each vacancy. Such mechanisms may include cut-off
scores.
``Sec. 3318. Competitive service; selection using numerical ratings
``(a) An appointing authority shall select for appointment from the
eligibles available for appointment on a certificate furnished under
section 3317(a), unless objection to one or more of the individuals
certified is made to, and sustained by, the Director for proper and
adequate reason under regulations prescribed by the Director.
``(b)(1) During the 240-day period beginning on the date of
issuance of a certificate of eligibles under section 3317(a), an
appointing authority other than the appointing authority requesting the
certificate (in this subsection referred to as the `other appointing
authority') may select an individual from that certificate in
accordance with this subsection for an appointment to a position that
is--
``(A) in the same occupational series as the position for
which the certification of eligibles was issued (in this
subsection referred to as the `original position'); and
``(B) at a similar grade level as the original position.
``(2) An appointing authority requesting a certificate of eligibles
may share the certificate with another appointing authority only if the
announcement of the original position provided notice that the
resulting list of eligible candidates may be used by another appointing
authority.
``(3) The selection of an individual under paragraph (1)--
``(A) shall be made in accordance with subsection (a); and
``(B) subject to paragraph (4), may be made without any
additional posting under section 3327.
``(4) Before selecting an individual under paragraph (1), and
subject to the requirements of any collective bargaining obligation of
the other appointing authority, the other appointing authority shall--
``(A) provide notice of the available position to employees
of the other appointing authority;
``(B) provide up to 10 business days for employees of the
other appointing authority to apply for the position; and
``(C) review the qualifications of employees submitting an
application.
``(5) Nothing in this subsection limits any collective bargaining
obligation of an agency under chapter 71.
``(c)(1) If an appointing authority proposes to pass over a
preference eligible on a certificate to select an individual who is not
a preference eligible, the appointing authority shall file written
reasons with the Director for passing over the preference eligible. The
Director shall make the reasons presented by the appointing authority
part of the record of the preference eligible and may require the
submission of more detailed information from the appointing authority
in support of the passing over of the preference eligible. The Director
shall determine the sufficiency or insufficiency of the reasons
submitted by the appointing authority, taking into account any response
received from the preference eligible under paragraph (2). When the
Director has completed review of the proposed pass over, the Director
shall send the findings of the Director to the appointing authority and
to the preference eligible. The appointing authority shall comply with
the findings.
``(2) In the case of a preference eligible described in section
2108(3)(C) who has a compensable service-connected disability of 30
percent or more, the appointing authority shall, at the same time it
notifies the Director under paragraph (1), notify the preference
eligible of the proposed pass over, of the reasons therefore, and of
the individual's right to respond to those reasons to the Director
within 15 days of the date of the notification. The Director shall,
before completing the review under paragraph (1), require a
demonstration by the appointing authority that the notification was
timely sent to the preference eligible's last known address.
``(3) A preference eligible not described in paragraph (2), or his
or her representative, shall be entitled, on request, to a copy of--
``(A) the reasons submitted by the appointing authority in
support of the proposed pass over; and
``(B) the findings of the Director.
``(4) In the case of a preference eligible described in paragraph
(2), the functions of the Director under this subsection may not be
delegated in accordance with section 1104.
``(d) When the names of preference eligibles are on a reemployment
list appropriate for the position to be filled, an appointing authority
may appoint from a register of eligibles established after examination
only an individual who qualifies as a preference eligible under section
2108(3)(C)-(G).''.
(b) Conforming Amendments.--Subchapter I of chapter 33 of such
title is amended--
(1) in section 3319, by amending the heading to read as
follows:
``Sec. 3319. Competitive service; selection using category rating'';
and
(2) in section 3320 in the first sentence, by striking
``sections 3308-3318'' and inserting ``sections 3308-3319''.
(c) Table of Sections Amendments.--The table of sections at the
beginning of such chapter is amended by striking the items relating to
sections 3317, 3318, and 3319 and inserting the following new items:
``3317. Competitive service; certification using numerical ratings.
``3318. Competitive service; selection using numerical ratings.
``3319. Competitive service; selection using category rating.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date on which the Director issues final regulations to
carry out such amendments.
SEC. 1107. NONCOMPETITIVE TEMPORARY AND TERM APPOINTMENTS IN THE
COMPETITIVE SERVICE.
(a) Temporary and Term Appointments.--Subchapter I of chapter 31 of
title 5, United States Code, is amended by adding at the end the
following new section:
``Sec. 3115. Temporary and term appointments
``(a) Definitions.--In this section:
``(1) The term `temporary appointment' means an appointment
in the competitive service for a period of not more than 1
year.
``(2) The term `term appointment' means an appointment in
the competitive service for a period of more than 1 year but
not more than 5 years, unless a longer period is authorized by
the Director of the Office of Personnel Management prior to
appointment.
``(b) Appointment.--(1) The head of an agency may make a temporary
appointment or term appointment to a position in the competitive
service when the need for an employee's services is not permanent.
``(2) Extension.--Under conditions prescribed by the Director of
the Office of Personnel Management, the head of an agency may extend a
temporary appointment or term appointment made under paragraph (1).
``(c) Appointments for Critical Hiring Needs.--Under conditions
prescribed by the Director of the Office of Personnel Management, the
head of an agency may make a noncompetitive temporary appointment, or a
noncompetitive term appointment for a period of not more than 18
months, to a position in the competitive service for which a critical
hiring need exists, without regard to the requirements of sections 3327
and 3330. An appointment made under this subsection may not be
extended.
``(d) Regulations.--The Director of the Office of Personnel
Management may prescribe regulations to carry out this section.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of such chapter is amended by inserting the following item
after the item relating to section 3114:
``3115. Temporary and term appointments.''.
SEC. 1108. CLARIFICATION REGARDING ADVERSE ACTIONS.
(a) Sufficiency of Notification.--Chapter 75 of title 5, United
States Code, is amended--
(1) in section 7513(b)(1), by inserting ``, including the
factual basis for the proposed action with sufficient clarity
to reasonably inform the employee of the charge under the
circumstances'' after ``proposed action''; and
(2) in section 7543(b)(1), by inserting ``, including the
factual basis for the proposed action with sufficient clarity
to reasonably inform the employee of the charge under the
circumstances'' after ``proposed action''.
(b) Appeals.--Section 7701(b) of such title is amended--
(1) by redesignating paragraph (3) as paragraph (6); and
(2) by inserting after paragraph (2) the following new
paragraphs:
``(3) With respect to an appeal from an adverse action covered by
subchapter II or V of chapter 75, the Board shall--
``(A) review whether the agency has proved the factual
specifications of the charge in light of the circumstances;
``(B) in the case of an adverse action covered by
subchapter II of such chapter, review whether the proposed
adverse action is for such cause as will promote the efficiency
of the service;
``(C) in the case of an adverse action covered by
subchapter V of such chapter, review whether the proposed
adverse action is for misconduct, neglect of duty, malfeasance,
or failure to accept a directed reassignment or to accompany a
position in a transfer of function; and
``(D) not infer any elements of proof from the title,
caption, or label of the charge.
``(4) An adverse action shall not be overturned or modified due to
insufficiency of the charge if the factual basis for the proposed
adverse action is stated with sufficient clarity so that the employee
knew or reasonably should have known what the charge is.
``(5) An action under section 4303 shall not be overturned because
of the wording of a performance standard if the employee has been
placed on notice in the performance standards or by other means during
the applicable minimal appraisal period, including an opportunity
period, of the performance necessary to demonstrate acceptable
performance, such that the employee knew or reasonably should have
known the performance necessary to demonstrate acceptable
performance.''.
(c) Judicial Review; Enforcement.--Section 7123(a)(1) of such title
is amended by inserting ``unless the person alleges that the order is
contrary to law or'' before ``unless the order''.
(d) Grievance Procedures.--Section 7121 of such title is amended--
(1) in subsection (a)(1), by striking ``subsections (d),
(e), and (g)'' and inserting ``subsections (d) and (f)'';
(2) in subsection (c)--
(A) in paragraph (4), by striking ``; or'' and
inserting a semicolon;
(B) in paragraph (5), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(6) matters covered under sections 4303 and 7512 that
would otherwise be appealable to the Merit Systems Protection
Board.'';
(3) by striking subsection (e); and
(4) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively.
SEC. 1109. ELIMINATION OF THE FOREIGN EXEMPTION PROVISION IN REGARDS TO
OVERTIME FOR FEDERAL CIVILIAN EMPLOYEES TEMPORARILY
ASSIGNED TO A FOREIGN AREA.
(a) In General.--Section 5542 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(h) Notwithstanding section 13(f) of the Fair Labor Standards Act
(29 U.S.C. 213(f)), an employee who is working at a location in a
foreign country, or in a territory under the jurisdiction of the United
States covered by such section 13(f), in temporary duty travel status
while maintaining an official duty station or worksite in an area of
the United States not covered by such section 13(f) shall, for all
purposes, not be considered to be exempted from section 7 of such Act
on the basis of the employee performing work at such a location.''.
(b) Federal Wage System Employees.--Section 5544 of title 5, United
States Code, is amended by adding at the end the following new
subsection:
``(d) Notwithstanding section 13(f) of the Fair Labor Standards Act
(29 U.S.C. 213(f)), an employee whose overtime pay is determined in
accordance with subsection (a) who is working at a location in a
foreign country, or in a territory under the jurisdiction of the United
States covered by such section 13(f), in temporary duty travel status
while maintaining an official duty station or worksite in an area of
the United States not covered by such section 13(f) shall, for all
purposes, not be considered to be exempted from section 7 of such Act
on the basis of the employee performing work at such a location.''.
(c) Conforming Repeal.--Section 5542(a) of title 5, United States
Code, is amended by striking paragraph (6).
SEC. 1110. EMPLOYMENT OF RECENT GRADUATES AND STUDENTS.
(a) Recent Graduates.--Subchapter I of chapter 31 of title 5,
United States Code, is amended by adding at the end the following new
section:
``Sec. 3115. Employment of recent graduates
``(a) Appointment.--In accordance with regulations prescribed by
the Director of the Office of Personnel Management (in this section
referred to as the `Director'), and subject to subsection (b), the head
of an agency may appoint, without regard to the provisions of chapter
33 governing appointments in the competitive service, and without
regard to section 3320, a qualified candidate to a position classified
in a professional or administrative occupational category in accordance
with the standards prescribed by the Director.
``(b) Requirements for Appointment.--An appointment under paragraph
(1) may be made only if the individual so appointed--
``(1)(A) not more than 2 years before the effective date of
the appointment, was awarded a baccalaureate or graduate degree
from an institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a));
or
``(B) in the case of an individual who has completed a
period of obligated service in a uniformed service of 4 years
or more, the effective date of the appointment is not more than
2 years after the date of the discharge or release of such
individual from such service; and
``(2) meets the minimum qualification standards as
prescribed by the Director for the position to which the
individual is being appointed.
``(c) Length of Appointment.--An appointment made under subsection
(a) shall be an appointment in the excepted service and shall not
exceed 2 years.
``(d) Trial Period.--An appointment under subsection (a) is subject
to a 2-year trial period.
``(e) Conversion.--Upon completion of 2 years of satisfactory
service, an employee appointed under subsection (a) who is a United
States citizen may be converted noncompetitively to a career or career-
conditional appointment in the competitive service.
``(f) Regulations.--The Director shall prescribe regulations for
the administration of this section. Such regulations shall establish
caps on the number of individuals appointed under this section within a
specific agency or throughout the Federal Government.''.
(b) Students.--Such subchapter is further amended by adding at the
end the following new section:
``Sec. 3116. Appointment of students; excepted service
``(a) Appointment.--In accordance with regulations prescribed by
the Director of the Office of Personnel Management (in this section
referred to as the `Director'), the head of an agency may appoint,
without regard to the provisions of chapter 33 governing appointments
in the competitive service, and without regard to section 3320, a
qualified student to any position in the excepted service for which the
student is qualified.
``(b) Conversion.--An individual appointed under subsection (a) may
be converted noncompetitively to a term, career, or career conditional
position in the competitive service if the individual--
``(1) is awarded--
``(A) a diploma from a home school operated in
accordance with the laws of the State in which such
home school is located;
``(B) a diploma from a high school; or
``(C) a degree from an institution of higher
education;
``(2) completes the required hours of work of the
appointment under subsection (a) as prescribed by the Director;
``(3) meets the qualification standards of the competitive
service position to which the individual will be converted;
``(4) receives favorable recommendation for appointment by
the employing agency in which the individual served during the
appointment under subsection (a); and
``(5) is a United States citizen.
``(c) Regulations.--The Director shall prescribe regulations for
the administration of this section.
``(d) Definitions.--In this section:
``(1) The term `high school' has the meaning given the term
in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
``(2) The term `institution of higher education' has the
meaning given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
``(3) The term `qualified student' means a person enrolled
or accepted for enrollment by a high school or an institution
of higher education.''.
(c) Table of Sections Amendments.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 3114 the following new items:
``3115. Employment of recent graduates.
``3116. Appointment of students; excepted service.''.
SEC. 1111. PAID TIME OFF INCENTIVE FOR NEW HIRES IN DIFFICULT-TO-FILL
POSITIONS.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 6329a. Paid time off incentive for new appointees
``(a)(1) This section may be applied to an employee as defined in
section 6301.
``(2) An incentive may not be granted under this section to an
individual who is appointed to--
``(A) a position to which an individual is appointed by the
President, by and with the advice and consent of the Senate;
``(B) a position in the Senior Executive Service as a
noncareer appointee (as such term is defined under section
3132(a));
``(C) a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character; or
``(D) any other position that is determined to be political
in character under regulations prescribed by the Director of
the Office of Personnel Management.
``(b) The head of an agency may grant time off, without loss of pay
or charge to leave, as an incentive under this section, to an
individual only if--
``(1) the position to which such individual is appointed is
likely to be difficult to fill in the absence of such an
incentive or such an incentive in combination with an incentive
under section 5753; and
``(2) the individual is newly appointed as an employee.
``(c)(1) Grant of an incentive under this section shall be
contingent upon the employee entering into a written service agreement
to complete a period of employment with the agency, not longer than 4
years. The Director of the Office of Personnel Management may, by
regulation, prescribe a minimum service period for the purposes of this
section.
``(2) The agreement shall include--
``(A) the commencement and termination dates of the
required service period (or provisions for the determination
thereof);
``(B) the number of hours of time off; and
``(C) other terms and conditions under which the time off
incentive is granted, subject to the requirements of this
section and regulations prescribed by the Director.
``(3) The terms and conditions for granting the incentive, as
specified in the service agreement, shall include--
``(A) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed; and
``(B) the effect of the termination.
``(4) The required service period shall commence upon the
commencement of service with the agency unless the service agreement
provides for a later commencement date in circumstances and to the
extent allowable under regulations prescribed by the Director, such as
when there is an initial period of formal basic training.
``(5) If an employee fails to complete the terms and conditions of
the agreement and is required to repay all or a portion of the value of
the paid time off incentive granted and used, repayment shall be
accomplished to the extent possible by applying the employee's positive
balance of annual leave, time-off awards, credit hours under section
6122, or compensatory time off under section 5543 or 5550b to offset
the debt of hours. Any remaining debt of hours shall be converted to a
monetary debt.
``(d)(1) The time off incentive granted under this section may not
exceed 80 hours of paid time off from duty.
``(2) An employee may be granted both a time off incentive under
this section and a recruitment bonus under section 5753 in connection
with a new appointment.
``(3) An employee may not receive payment for unused hours of a
time off incentive under this section under any circumstance.
Entitlement to any unused time off under this section shall be
permanently forfeited when an employee separates from Federal service,
transfers to another agency, or, to the extent addressed in the service
agreement, moves to a different position in the same agency.
``(e) The head of an agency shall establish a plan for the use of
any time off incentives before granting any such incentives, subject to
regulations prescribed by the Director of the Office of Personnel
Management. The head of an agency shall report on the granting and use
of time off incentives as required by the Director of the Office of
Personnel Management.
``(f) The Director of the Office of Personnel Management may
prescribe regulations to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
6329 the following new item:
``6329a. Paid time off for new appointee.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
Subtitle B--Federal Employees Paid Parental Leave
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Federal Employees Paid Parental
Leave Act of 2016''.
SEC. 1122. PAID PARENTAL LEAVE UNDER TITLE 5.
(a) Amendments to Title 5.--Chapter 63 of title 5, United States
Code, is amended--
(1) in section 6381, by amending paragraph (1)(B) to read
as follows:
``(B) has completed at least 12 months of service
as an employee (within the meaning of subparagraph
(A)), except that no minimum service is required if the
employee is invoking the right to leave under this
subchapter based on the birth or placement of a son or
daughter, as provided in section 6382(a)(1) (A) or
(B);''; and
(2) in section 6382--
(A) in subsection (a)(1)(B), by inserting before
the period ``and in order to care for such son or
daughter'';
(B) in subsection (b)(1), by striking the first
sentence and inserting the following: ``An employing
agency shall accommodate an employee's leave schedule
request under subparagraph (A) or (B) of subsection
(a)(1), including a request to use such leave
intermittently or on a reduced leave schedule, to the
extent that it does not disrupt unduly agency
operations. To the extent that an employee's requested
leave schedule is based on medical necessity related to
a serious health condition connected to the birth of a
son or daughter, the agency shall handle the scheduling
consistent with the treatment of employees who are
using leave under subparagraph (C) or (D) of subsection
(a)(1).''; and
(C) by amending subsection (d) to read as follows:
``(d)(1)(A) An employee may elect to substitute for any leave
without pay under subparagraph (C), (D), or (E) of subsection (a)(1)
any of the employee's accrued or accumulated annual or sick leave under
subchapter I, any advanced annual leave under section 6302(d), any
advanced sick leave under section 6307(d), any donated annual leave
under subchapter III or IV, or any other paid time off that the
employee is authorized to use, for any part of the 12-week period of
leave under such subsection, except that an employing agency may not
permit substitution of sick leave, advanced sick leave, donated annual
leave, or such other paid time off in a situation for which usage of
such leave is not normally allowed.
``(B) An employee may elect to substitute for leave without pay
under subsection (a)(3)--
``(i) any annual leave accrued or accumulated by such
employee, or advanced to such employee, under subchapter I;
``(ii) any sick leave accrued or accumulated by such
employee, or advanced to such employee, under subchapter I,
notwithstanding the conditions and limitations that normally
would apply to an employee using such sick leave under
applicable law and regulations; and
``(iii) any other paid time off (including donated annual
leave under subchapter III or IV) that the employee is
authorized to use, except an employee may not use such time off
in a situation for which usage of the time off is not normally
allowed.
``(2) An employee may elect to substitute for any leave without pay
under subparagraph (A) or (B) of subsection (a)(1) any paid leave which
is available to such employee for that purpose.
``(3) The paid leave that is available to an employee for purposes
of paragraph (2) is--
``(A) 6 administrative workweeks of paid parental leave
under this subparagraph in connection with the birth or
placement involved to be used during the 12-month period
beginning on the date of birth or placement;
``(B) any annual leave accrued or accumulated by such
employee, or advanced to such employee, under subchapter I;
``(C) any sick leave accrued or accumulated by such
employee, or advanced to such employee, under subchapter I,
notwithstanding the conditions and limitations that normally
would apply to an employee using such sick leave under
applicable law and regulations (such as conditions that would
otherwise prevent sick leave from being used by a parent to
bond with a newly born or placed child who is healthy); and
``(D) any other paid time off (including donated annual
leave under subchapter III or IV) that the employee is
authorized to use, except an employee may not use such time off
in a situation for which usage of the time off is not normally
allowed.
``(4) An employee may not be required to first use all or any
portion of the leave described in subparagraph (B), (C), or (D) of
paragraph (3) before being allowed to use the paid parental leave
described in subparagraph (A) of paragraph (3).
``(5) Paid parental leave under paragraph (3)(A)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing agency;
``(B) may not be considered to be annual or vacation leave
for purposes of section 5551 or 5552 or for any other purpose;
``(C) if not used by the employee before the end of the 12-
month period (as referred to in subsection (a)) to which it
relates, may not be available for any subsequent use and may
not be converted into a cash payment;
``(D) may be granted only to the extent that the employee
does not receive a total of more than 6 weeks of paid parental
leave in any 12-month period beginning on the date of a birth
or placement;
``(E) may not be granted in excess of a lifetime aggregate
total of 30 administrative workweeks based on placements of a
foster child for any individual employee, and may not be
granted in connection with temporary foster care placements
expected to last less than 1 year;
``(F) may not be granted for a child being placed for
foster care or adoption if such leave was previously granted to
the same employee when the same child was placed with the
employee for foster care in the past;
``(G) shall be used in increments of hours (or fractions
thereof), with 6 administrative workweeks equal to 240 hours
for employees with a regular full-time work schedule and
converted to a proportional number of hours for employees with
part-time, seasonal, or uncommon tours of duty; and
``(H) may not be used during off-season (nonpay status)
periods for employees with seasonal work schedules.
``(6) The Director of the Office of Personnel Management shall
prescribe any regulations necessary to carry out this subsection,
including--
``(A) the manner in which an employee may designate any day
or other period as to which such employee wishes to use paid
parental leave described in paragraph (3)(A); and
``(B) the circumstances under which an employee may
retroactively change the type of leave an employee is
charged.''.
(b) Federal Aviation Administration and Transportation Security
Administration.--The Administrator of the Federal Aviation
Administration and the Administrator of the Transportation Security
Administration shall each prescribe procedures and policies to ensure
that the rights under this section apply to the employees of each
Administration. Such policies and procedures shall take effect on the
effective date specified in subsection (c).
(c) Effective Date.--This section and the amendments made by this
section shall take effect 1 year after the date of the enactment of
this Act.
SEC. 1123. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendment to Congressional Accountability Act.--Section 202 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is
amended--
(1) in subsection (a)(1), by adding at the end the
following: ``In applying section 102(a)(1) (A) and (B) of such
Act to covered employees, subsection (d) shall apply.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Special Rule for Paid Parental Leave for Congressional
Employees.--
``(1) Substitution of paid leave.--A covered employee
taking leave without pay under subparagraph (A) or (B) of
section 102(a)(1) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(a)(1)) may elect to substitute for any such
leave any paid leave which is available to such employee for
that purpose.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) 6 administrative workweeks of paid parental
leave under this subparagraph in connection with the
birth or placement involved to be used during the 12-
month period beginning on the date of birth or
placement;
``(B) any additional paid vacation leave provided
by the employing office to such employee;
``(C) any sick leave available to such employee,
notwithstanding the conditions and limitations that
normally would apply to an employee using such sick
leave; and
``(D) other paid time off that the employee is
authorized to use, except an employee may not use such
time off in a situation for which usage of the time off
is not normally allowed.
``(3) Limitation.--An employee may not be required to first
use all or any portion of the leave described in subparagraph
(B), (C), or (D) of paragraph (2) before being allowed to use
the paid parental leave described in subparagraph (A) of
paragraph (2).
``(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing office;
``(B) if not used by the covered employee before
the end of the 12-month period (as referred to in
section 102(a)(1) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(a)(1))) to which it relates,
may not be available for any subsequent use and may not
be converted into a cash payment; and
``(C) shall be subject to the conditions specified
in subparagraphs (D) through (H) of section 6382(d)(5)
of title 5, United States Code.''.
(b) Effective Date.--The amendments made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 12-month period beginning on the date of the enactment
of this Act.
SEC. 1124. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO
AND LIBRARY OF CONGRESS EMPLOYEES.
(a) Amendment to Family and Medical Leave Act of 1993.--Section
102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d))
is amended by adding at the end the following:
``(3) Special rule for gao and library of congress
employees.--
``(A) Substitution of paid leave.--An employee of
an employer described in section 101(4)(A)(iv) taking
leave under subparagraph (A) or (B) of subsection
(a)(1) may elect to substitute for any such leave any
paid leave which is available to such employee for that
purpose.
``(B) Amount of paid leave.--The paid leave that is
available to an employee of an employer described in
section 101(4)(A)(iv) for purposes of subparagraph (A)
is--
``(i) 6 administrative workweeks of paid
parental leave under this subparagraph in
connection with the birth or placement involved
to be used during the 12-month period beginning
on the date of birth or placement;
``(ii) any additional paid vacation leave
provided by such employer;
``(iii) any sick leave available to such
employee, notwithstanding the conditions and
limitations that normally would apply to an
employee using such sick leave; and
``(iv) other paid time off that the
employee is authorized to use, except an
employee may not use such time off in a
situation for which usage of the time off is
not normally allowed.
``(C) Limitation.--An employee may not be required
to first use all or any portion of the leave described
in clause (ii), (iii), or (iv) of subparagraph (B)
before being allowed to use the paid parental leave
described in clause (i) of such subparagraph.
``(D) Additional rules.--Paid parental leave under
subparagraph (B)(i)--
``(i) shall be payable from any
appropriation or fund available for salaries or
expenses for positions with the employer
described in section 101(4)(A)(iv);
``(ii) if not used by the employee of such
employer before the end of the 12-month period
(as referred to in subsection (a)(1)) to which
it relates, may not be available for any
subsequent use and may not be converted into a
cash payment; and
``(iii) shall be subject to the conditions
specified in subparagraphs (D) through (H) of
section 6382(d)(5) of title 5, United States
Code.''.
(b) Effective Date.--The amendment made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 12-month period beginning on the date of the enactment
of this Act.
SEC. 1125. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND
RESERVES.
(a) Executive Branch Employees.--For purposes of determining the
eligibility of an employee who is a member of the National Guard or
Reserves to take leave under subparagraph (A) or (B) of section
6382(a)(1) of title 5, United States Code, or to substitute such leave
pursuant to paragraph (2) of section 6382(d) of such title (as amended
by section 1122(a)(2)(C)), any service by such employee on active duty
(as defined in section 6381(7) of such title) shall be counted as
service as an employee for purposes of section 6381(1)(B) of such
title.
(b) Congressional Employees.--For purposes of determining the
eligibility of a covered employee (as such term is defined in section
101(3) of the Congressional Accountability Act) who is a member of the
National Guard or Reserves to take leave under subparagraph (A) or (B)
of section 102(a)(1) of the Family and Medical Leave Act of 1993
(pursuant to section 202(a)(1) of the Congressional Accountability
Act), or to substitute such leave pursuant to subsection (d) of section
202 of such Act (as added by section 1123(a)(3)), any service by such
employee on active duty (as defined in section 101(14) of the Family
and Medical Leave Act of 1993) shall be counted as time during which
such employee has been employed in an employing office for purposes of
section 202(a)(2)(B) of the Congressional Accountability Act.
(c) GAO and Library of Congress Employees.--For purposes of
determining the eligibility of an employee of the Government
Accountability Office or Library of Congress who is a member of the
National Guard or Reserves to take leave under subparagraph (A) or (B)
of section 102(a)(1) of the Family and Medical Leave Act of 1993, or to
substitute such leave pursuant to paragraph (3) of section 102(d) of
such Act (as added by section 1124(a)), any service by such employee on
active duty (as defined in section 101(14) of such Act) shall be
counted as time during which such employee has been employed for
purposes of section 101(2)(A) of such Act.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Consolidation and Reform of Department of Defense Security
Cooperation Authorities
SEC. 1201. ENACTMENT OF NEW CHAPTER FOR DEFENSE SECURITY COOPERATION
AUTHORITIES AND TRANSFER OF CERTAIN AUTHORITIES TO NEW
CHAPTER.
(a) Statutory Reorganization.--Part I of subtitle A of title 10,
United States Code, is amended--
(1) by redesignating chapters 13, 15, and 17 as chapters
12, 13, and 14, respectively;
(2) by redesignating sections 311, 312, 331, 332, 333, 334,
335, and 351 as sections 271, 272, 281, 282, 283, 284, 285, and
291, respectively; and
(3) by inserting after chapter 14, as redesignated by
paragraph (1), the following new chapter:
``CHAPTER 16--SECURITY COOPERATION
``Subchapter Sec.
``I. General Matters........................................ 301
``II. Military-to-Military Engagements...................... 311
``III. Training With Foreign Forces......................... 321
``IV. Support for Operations and Capacity Building.......... 331
``V. Educational and Training Activities.................... 341
``VI. Limitations on Use of Department of Defense Funds..... 351
``SUBCHAPTER I--GENERAL MATTERS
``Sec.
``301. Definitions.
``302. Annual report.
``Sec. 301 Definitions
``In this chapter:
``(1) The terms `appropriate congressional committees' and
`appropriate committees of Congress' mean the following:
``(A) The congressional defense committees.
``(B) The Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
``(2) The term `small-scale construction' means
construction at a cost not to exceed $750,000 for any project.
``SUBCHAPTER II--MILITARY-TO-MILITARY ENGAGEMENTS
``Sec.
``311. Exchange of defense personnel between United States and friendly
foreign countries: authority.
``312. Payment of personnel expenses necessary for theater security
cooperation.
``313. Bilateral or regional cooperation programs: awards and mementos
to recognize superior noncombat
achievements or performance.
``SUBCHAPTER III--TRAINING WITH FOREIGN FORCES
``Sec.
``321. Training with friendly foreign countries; payment of certain
expenses.
``SUBCHAPTER IV--SUPPORT FOR OPERATIONS AND CAPACITY BUILDING
``Sec.
``331. Friendly foreign countries: authority to provide support for
conduct of operations.
``332. Foreign security forces: authority to build capacity.
``333. Friendly foreign countries; regional organizations: defense
institution capacity building.
``SUBCHAPTER V--EDUCATIONAL AND TRAINING ACTIVITIES
``Sec.
``341. Regional Centers for Security Studies.
``342. Western Hemisphere Institute for Security Cooperation.
``343. Multinational military centers of excellence: authority to
participate.
``344. Distribution to certain foreign personnel of education and
training materials and information
technology to enhance military
interoperability with the armed forces.
``345. International engagement authorities for service academies.
``346. Aviation Leadership Program.
``347. Inter-American Air Forces Academy.
``348. Inter-European Air Forces Academy.
``SUBCHAPTER VI--LIMITATIONS ON USE OF DEPARTMENT OF DEFENSE FUNDS
``Sec.
``351. Prohibition on providing financial assistance to terrorist
countries.
``352. Prohibition on use of funds for assistance to units of foreign
security forces that have committed a gross
violation of human rights.''.
(b) Transfer of Section 1051b.--Section 1051b of title 10, United
States Code, is transferred to chapter 16 of such title, as added by
subsection (a)(3), inserted after the table of sections at the
beginning of subchapter II, and redesignated as section 313.
(c) Codification of Section 1081 of FY 2012 NDAA.--
(1) Codification in chapter 16.--Chapter 16 of title 10,
United States Code, as added by subsection (a)(3), is amended
by inserting after the table of sections at the beginning of
subchapter IV a new section 333 consisting of--
(A) a heading as follows:
``Sec. 333. Friendly foreign countries; international and regional
organizations: defense institution capacity building'';
and
(B) a text consisting of the text of subsections
(a) through (e) of section 1081 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 10 U.S.C. 168 note).
(2) Extension of authority.--Subsection (c)(1) of section
333 of title 10, United States Code, as added by paragraph (1),
is amended by striking ``December 31, 2017'' and inserting
``December 31, 2019''.
(3) Conforming repeal.--Section 1081 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 10 U.S.C. 168 note) is repealed.
(d) Transfer of Section 184 and Codification of Related
Provisions.--
(1) Transfer to new chapter.--Section 184 of title 10,
United States Code, is transferred to chapter 16 of title 10,
United States Code, as added by subsection (a)(3), inserted
after the table of sections at the beginning of subchapter V,
and redesignated as section 341.
(2) Codification of reimbursement-related provisions.--
Subsection (f)(3) of such section, as so transferred and
redesignated, is amended--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new
subparagraph:
``(B)(i) In fiscal years 2009 through 2019, the
Secretary of Defense may, with the concurrence of the
Secretary of State, waive reimbursement otherwise
required under this subsection of the costs of
activities of Regional Centers under this section for
personnel of nongovernmental and international
organizations who participate in activities of the
Regional Centers that enhance cooperation of
nongovernmental organizations and international
organizations with United States forces if the
Secretary of Defense determines that attendance of such
personnel without reimbursement is in the national
security interests of the United States.
``(ii) The amount of reimbursement that may be
waived under clause (i) in any fiscal year may not
exceed $1,000,000.''.
(3) Codification of provisions relating to specific
centers.--Such section, as so transferred and redesignated, is
further amended by adding at the end the following new
subsections:
``(h) Authorities Specific to Marshall Center.--(1) The Secretary
of Defense may authorize participation by a European or Eurasian
country in programs of the George C. Marshall European Center for
Security Studies (in this subsection referred to as the `Marshall
Center') if the Secretary determines, after consultation with the
Secretary of State, that such participation is in the national interest
of the United States.
``(2)(A) In the case of any person invited to serve without
compensation on the Marshall Center Board of Visitors, the Secretary of
Defense may waive any requirement for financial disclosure that would
otherwise apply to that person solely by reason of service on such
Board.
``(B) A member of the Marshall Center Board of Visitors may not be
required to register as an agent of a foreign government solely by
reason of service as a member of the Board.
``(C) Notwithstanding section 219 of title 18, a non-United States
citizen may serve on the Marshall Center Board of Visitors even though
registered as a foreign agent.
``(3)(A) The Secretary of Defense may waive reimbursement of the
costs of conferences, seminars, courses of instruction, or similar
educational activities of the Marshall Center for military officers and
civilian officials from states located in Europe or the territory of
the former Soviet Union if the Secretary determines that attendance by
such personnel without reimbursement is in the national security
interest of the United States.
``(B) Costs for which reimbursement is waived pursuant to
subparagraph (A) shall be paid from appropriations available for the
Center.
``(i) Authorities Specific to Inouye Center.--(1) The Secretary of
Defense may waive reimbursement of the cost of conferences, seminars,
courses of instruction, or similar educational activities of the Daniel
K. Inouye Asia-Pacific Center for Security Studies for military
officers and civilian officials of foreign countries if the Secretary
determines that attendance by such personnel, without reimbursement, is
in the national security interest of the United States.
``(2) Costs for which reimbursement is waived pursuant to paragraph
(1) shall be paid from appropriations available for the Center.''.
(4) Repeal of codified provisions.--The following
provisions of law are repealed:
(A) 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).
(B) Section 1065 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 10 U.S.C. 113 note).
(C) Section 1306 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 10 U.S.C. 113 note).
(D) Section 8073 of the Department of Defense
Appropriations Act, 2003 Public Law 107-248 (10 U.S.C.
prec. 2161 note).
(e) Transfer of Section 2166.--
(1) Transfer and redesignation.--Section 2166 of title 10,
United States Code, is transferred to chapter 16 of such title,
as added by subsection (a)(3), inserted after section 341, as
transferred and redesignated by subsection (d), and
redesignated as section 342.
(2) Conforming stylistic amendments.--Such section, as so
transferred and redesignated, is amended by striking
``nations'' each place it appears in subsections (b) and (c)
and inserting ``countries''.
(3) Cross-reference amendment.--Section 2612(a) of such
title is amended by striking ``section 2166(f)(4)'' and
inserting ``section 342(f)(4)''.
(f) Transfer of Section 2350m.--Section 2350m of title 10, United
States Code, is transferred to chapter 16 of such title, as added by
subsection (a)(3), inserted after section 342, as transferred and
redesignated by subsection (e), and redesignated as section 343.
(g) Transfer of Section 2249d.--
(1) Transfer and redesignation.--Section 2249d of title 10,
United States Code, is transferred to chapter 16 of such title,
as added by subsection (a)(3), inserted after section 343, as
transferred and redesignated by subsection (g), and
redesignated as section 344.
(2) Conforming stylistic amendments.--Such section, as so
transferred and redesignated, is amended--
(A) by striking ``nations'' in subsections (a) and
(d) and inserting ``countries''; and
(B) by striking subsection (g).
(h) Reenactment of Chapter 905.--
(1) Consolidation of sections 9381, 9382, and 9383.--
Chapter 16 of title 10, United States Code, as added by
subsection (a)(3), is amended by inserting after section 344,
as transferred and redesignated by subsection (g), the
following new section:
``Sec. 346. Aviation Leadership Program
``(a) Establishment of Program.--Under regulations prescribed by
the Secretary of Defense, the Secretary of the Air Force may establish
and maintain an Aviation Leadership Program to provide undergraduate
pilot training and necessary related training to personnel of the air
forces of friendly, developing foreign countries. Training under this
section shall include language training and programs to promote better
awareness and understanding of the democratic institutions and social
framework of the United States.
``(b) Supplies and Clothing.--(1) The Secretary of the Air Force
may, under such conditions as the Secretary may prescribe, provide to a
person receiving training under this section--
``(A) transportation incident to the training;
``(B) supplies and equipment to be used during the
training;
``(C) flight clothing and other special clothing required
for the training; and
``(D) billeting, food, and health services.
``(2) 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 section.
``(c) Allowances.--The Secretary of the Air Force may pay to a
person receiving training under this section 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.''.
(2) Conforming repeal.--Chapter 905 of such title is
repealed.
(i) Transfer of Section 9415.--Section 9415 of title 10, United
States Code, is transferred to chapter 16 of such title, as added by
subsection (a)(3), inserted after section 346, as added by subsection
(h), and redesignated as section 347.
(j) Codification of Section 1268 of FY 2015 NDAA.--
(1) Codification in chapter 16.--Chapter 16 of title 10,
United States Code, as added by subsection (a)(3), is amended
by inserting after section 347, as transferred and redesignated
by subsection (i), a new section 348 consisting of--
(A) a heading as follows:
``Sec. 348. Inter-European Air Forces Academy'';
and
(B) a text consisting of the text of section 1268
of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 10 U.S.C. 9411 note).
(2) Conforming repeal.--Section 1268 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 9411 note)
is repealed.
(k) Transfer of Sections 2249a and 2249e.--
(1) Transfer and redesignation.--Sections 2249a and 2249e
of title 10, United States Code, are transferred to chapter 16
of such title, as added by subsection (a)(3), inserted after
the table of sections at the beginning of subchapter VI, and
redesignated as sections 351 and 352, respectively,
(2) Conforming amendment.--Section 352 of title 10, United
States Code, as transferred and redesignated by paragraph (1),
is amended by striking subsection (f).
(3) Cross-reference amendments.--Section 1204(b) of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3533; 10 U.S.C. 2249e note) is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``section 2249e of title 10, United States Code
(as added by subsection (a))'' and inserting
``section 352 of title 10, United States
Code''; and
(ii) in subparagraphs (D) and (E), by
striking ``section 2249e of title 10, United
States Code (as so added)'' and inserting
``section 352 of such title''; and
(B) in paragraph (3), by striking ``subsection (f)
of section 2249e of title 10, United States Code (as so
added)'' and inserting ``section 301(1) of such
title''.
(l) Clerical Amendments.--Title 10, United States Code, is amended
as follows:
(1) The tables of chapters at the beginning of subtitle A,
and at the beginning of part I of subtitle A, are amended--
(A) by revising the chapter references relating to
chapters 13, 15, and 17 (and the section references
therein) to conform to the redesignations made by
paragraphs (1) and (2) of subsection (a); and
(B) by inserting after the item relating to chapter
14, as revised pursuant to subparagraph (A), the
following new item:
``16. Security Cooperation.................................. 301''.
(2) The section references in the tables of sections at the
beginning of chapters 12, 13, and 14, as redesignated by
paragraph (1) of subsection (a), are revised to conform to the
redesignations made by paragraph (2) of such subsection.
(3) The table of sections at the beginning of chapter 7 is
amended by striking the item relating to section 184.
(4) The table of sections at the beginning of chapter 53 is
amended by striking the item relating to section 1051b.
(5) The table of sections at the beginning of chapter 108
is amended by striking the item relating to section 2166.
(6) The table of sections at the beginning of subchapter I
of chapter 134 is amended by striking the items relating to
sections 2249a, 2249d, and 2249e.
(7) The table of sections at the beginning of subchapter II
of chapter 138 is amended by striking the item relating to
section 2350m.
(8) The tables of chapters at the beginning of subtitle D,
and at the beginning of part III of subtitle D, are amended by
striking the item relating to chapter 905.
(9) The table of sections at the beginning of chapter 907
is amended by striking the item relating to section 9415.
SEC. 1202. MILITARY-TO-MILITARY EXCHANGES.
(a) Codification in New Chapter on Security Cooperation
Activities.--Chapter 16 of title 10, United States Code, as added by
section 1201(a)(3), is amended by inserting after the table of sections
at the beginning of subchapter II a new section 311 consisting of--
(1) a heading as follows:
``Sec. 311. Exchange of defense personnel between United States and
friendly foreign countries: authority'';
and
(2) a text consisting of the text of section 1082 of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 10 U.S.C. 168 note).
(b) Revisions To Incorporate Permanent Nonreciprocal Exchange
Authority.--Section 311 of title 10, United States Code, as added by
subsection (a), is amended as follows:
(1) Subsection (a) is amended--
(A) by adding at the end of paragraph (1) the
following new sentence: ``Exchanges of personnel under
such an agreement are subject to paragraph (3).'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``an ally of the United States
or another friendly foreign country for the
exchange'' and inserting ``a friendly foreign
country, or with an international or regional
security organization, for the reciprocal or
non-reciprocal exchange'';
(ii) in subparagraph (A), by striking
``military'' and inserting ``members of the
armed forces''; and
(iii) in subparagraph (B), by inserting
before the period at the end the following:
``or personnel of a non-defense security
ministry of that foreign government or
personnel of that international or regional
security organization, as the case may be'';
and
(C) by adding at the end the following new
paragraph:
``(3) Secretary of state concurrence.--An exchange of
personnel under an international defense personnel exchange
agreement may only be made with the concurrence of the
Secretary of State to the extent the exchange is with--
``(A) a non-defense security ministry of a foreign
government; or
``(B) an international or regional security
organization.''.
(2) Subsection (b)(2) is amended by inserting before the
period at the end the following: ``, subject to the concurrence
of the Secretary of State''.
(3) Subsection (c) is amended--
(A) by striking ``Each government shall be required
under'' and inserting ``In the case of''; and
(B) by inserting after ``exchange agreement'' the
following: ``that provides for reciprocal exchanges,
each government shall be required''.
(4) Subsection (f) is amended by inserting ``defense or
security ministry of that'' after ``military personnel of
the''.
(c) Clarifying Amendment Relating to Status of Department of
Defense Civilians.--Subsection (d) of such section is amended by adding
at the end the following new paragraph:
``(3) A civilian employee of the Department of Defense
shall be considered, for all purposes, to remain an employee of
the Department during the exchange assignment.''.
(d) Conforming Repeals.--The following provisions of law are
repealed:
(1) Section 1082 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 168 note).
(2) Section 1207 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 168 note).
SEC. 1203. CONSOLIDATION AND REVISION OF AUTHORITIES FOR PAYMENT OF
PERSONNEL EXPENSES NECESSARY FOR THEATER SECURITY
COOPERATION.
(a) Consolidation and Revision of Authorities.--Chapter 16 of title
10, United States Code, as added by section 1201(a)(3), is amended by
inserting after section 311, as added by section 1202(a), the following
new section:
``Sec. 312. Payment of personnel expenses necessary for theater
security cooperation
``(a) Authority.--The Secretary of Defense may pay expenses
specified in subsection (b) that the Secretary considers necessary for
theater security cooperation.
``(b) Types of Expenses.--The expenses that may be paid under the
authority provided in subsection (a) are the following:
``(1) Personnel expenses.--
``(A) Subject to subparagraph (B), the Secretary
may pay--
``(i) travel, subsistence, and similar
personal expenses of, and special compensation
for, defense personnel of friendly foreign
governments that the Secretary considers
necessary for theater security cooperation; and
``(ii) travel, subsistence, and similar
personal expenses of, and special compensation
for, other personnel of friendly foreign
governments and non-governmental personnel that
the Secretary considers necessary for theater
security cooperation.
``(B) Expenses may be paid under subparagraph (A)
only with the concurrence of the Secretary of State,
other than in the case of payment of expenses of
defense personnel of a friendly foreign government, for
which such concurrence is not required.
``(2) Administrative services and support for liaison
officers.--The Secretary may provide administrative services
and support for the performance of duties by a liaison officer
of another nation while the liaison officer is assigned
temporarily to the headquarters of a combatant command,
component command, or subordinate operational command of the
United States or to the Joint Staff.
``(3) Travel, subsistence, and medical care for liaison
officers.--The Secretary may pay the expenses of a liaison
officer in connection with the assignment of that officer as
described in paragraph (2) if the assignment is requested by
the commander of the combatant command or by the Chairman of
the Joint Chiefs of Staff, as appropriate, as follows:
``(A) Travel and subsistence expenses.
``(B) Personal expenses directly necessary to carry
out the duties of that officer in connection with that
assignment.
``(C) Expenses for medical care at a civilian
medical facility if--
``(i) adequate medical care is not
available to the liaison officer at a local
military medical treatment facility;
``(ii) the Secretary determines that
payment of such medical expenses is necessary
and in the best interests of the United States;
and
``(iii) medical care is not otherwise
available to the liaison officer pursuant to
any treaty or other international agreement.
``(D) Mission-related travel expenses if such
travel meets each of the following conditions:
``(i) The travel is in support of the
national security interests of the United
States.
``(ii) The commander of the relevant
combatant command or the Chairman of the Joint
Chiefs of Staff, as applicable, directs round-
trip travel from the assigned location to one
or more travel locations.
``(4) Conferences, seminars, and similar meetings.--
``(A) The authority provided by paragraph (1)
includes authority to pay travel and subsistence
expenses for such personnel in connection with the
attendance of such personnel at any conference,
seminar, or similar meeting as the Secretary considers
necessary for theater security cooperation.
``(B) In addition to the personnel expenses
provided by paragraph (1), the Secretary of Defense may
pay such other expenses in connection with any such
conference, seminar, or similar meeting as the
Secretary considers in the national security interests
of the United States.
``(c) Limitations.--
``(1) Countries other than developing countries.--The
authority provided in subsection (a) may be used only for the
payment of expenses of, and special compensation for, personnel
from developing countries, except that the Secretary of Defense
may authorize the payment of such expenses and special
compensation for personnel from a country other than a
developing country if the Secretary determines that such
payment is in the national security interest of the United
States.
``(2) Secretary of state concurrence for assignment of non-
defense foreign liaison officers.--In the case of a non-defense
foreign liaison officer, the authority of the Secretary of
Defense under subsection (a) to pay any expenses specified in
paragraph (2) or (3) of subsection (b) may be exercised only if
the assignment of that liaison officer as a liaison officer
with the Department of Defense was accepted by the Secretary of
Defense with the concurrence of the Secretary of State.
``(d) Reimbursement.--The Secretary may provide the services and
support specified in subsection (b)(2) with or without reimbursement
from (or on behalf of) the recipients. The terms of reimbursement (if
any) shall be specified in the appropriate agreements used to assign
the liaison officer to a combatant command or to the Joint Staff.
``(e) Limitations.--(1) Travel and subsistence expenses authorized
to be paid under subsection (a) may not, in the case of any individual,
exceed the amount that would be paid under chapter 7 or 8 of title 37
to a member of the armed forces (of a comparable grade) for authorized
travel of a similar nature.
``(2) The amount paid for expenses specified in subsection (b)(3)
for any liaison officer in any fiscal year may not exceed $200,000 (in
fiscal year 2014 constant dollars).
``(f) Availability of Funds Across Fiscal Years.--Funds available
to carry out this section shall be available for programs and
activities under this section that begin in a fiscal year and end in
the following fiscal year.
``(g) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of this section.''.
(b) Conforming Amendments.--
(1) Repeals.--Sections 1050, 1050a, 1051, and 1051a of
title 10, United States Code, are repealed.
(2) Cross-reference.--Subsection (f)(5) of section 341 of
title 10, United States Code, as transferred and redesignated
by section 1201(d), is amended--
(A) by striking ``the Latin American cooperation
authority set forth in section 1050'' and inserting
``section 312''; and
(B) by striking ``William J. Perry Center for
Hemispheric Defense Studies'' and inserting
``Department of Defense Regional Centers for Security
Studies''.
(3) Clerical amendments.--The table of sections at the
beginning of chapter 53 of such title is amended by striking
the items relating to sections 1050, 1050a, 1051, and 1051a.
(c) Savings Provision.--The authority under section 1050 of title
10, United States Code, as in effect on the day before the date of the
enactment of this Act, shall continue to apply with respect to the
Inter-American Defense College, under regulations prescribed by the
Secretary of Defense.
SEC. 1204. CONSOLIDATION AND REVISION OF AUTHORITIES RELATING TO
TRAINING OF THE ARMED FORCES WITH MILITARY AND OTHER
SECURITY FORCES OF FRIENDLY FOREIGN COUNTRIES.
(a) Consolidation and Revision of Authorities.--Chapter 16 of title
10, United States Code, as added by section 1201(a)(3), is amended by
inserting after the table of sections at the beginning of subchapter
III the following new section:
``Sec. 321. Training with friendly foreign countries; payment of
certain expenses
``(a) Training Authorized.--
``(1) Training with foreign forces.--The armed forces under
the jurisdiction of the Secretary of Defense may train with the
military forces or other security forces of a friendly foreign
country if the Secretary of Defense determines that it is in
the national security interests of the United States to do so.
Any such training with forces of a foreign country may be
conducted only with the concurrence of the Secretary of State.
``(2) Training to support mission essential tasks.--Any
training conducted pursuant to paragraph (1) shall, to the
maximum extent practicable, support the mission essential tasks
for which the unit of the armed forces participating in such
training is responsible.
``(3) Elements of training.--Any training conducted
pursuant to paragraph (1) shall, to the maximum extent
practicable, include elements that promote--
``(A) observance of and respect for human rights
and fundamental freedoms; and
``(B) respect for legitimate civilian authority
within the foreign country concerned.
``(b) Authority To Pay Certain Expenses.--The Secretary of Defense
may pay the following expenses:
``(1) The incremental expenses incurred by a friendly
foreign country as the direct result of--
``(A) the training of the military forces or other
security forces of such country with the armed forces
under the jurisdiction of the Secretary of Defense
under subsection (a)(1); or
``(B) the participation of such military or other
security forces in an exercise with the armed forces
under the jurisdiction of the Secretary of Defense.
``(2) Small-scale construction that is directly related to
the effective accomplishment of training described in paragraph
(1)(A) or an exercise described in paragraph (1)(B).
``(c) Availability of Funds for Activities That Cross Fiscal
Years.--Amounts available for the authority to pay expenses in
subsection (b) for a fiscal year may be used to pay expenses under that
subsection for training and exercises that begin in such fiscal year
but end in the next fiscal year.
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of this section.
``(e) Definitions.--In this section:
``(1) The term `incremental expenses', with respect to a
friendly foreign country, means the reasonable and proper costs
of the goods and services that are consumed by that country as
a direct result of that country's participation in training
with the United States under subsection (a)(1) or in a military
exercise with the United States, including rations, fuel,
training ammunition, and transportation. Such term does not
include pay, allowances, and other similar personnel costs of
such country's military or other security forces.
``(2) The term `other security forces' includes national
security forces that conduct border security, counterterrorism
operations, and maritime security, but does not include local
civilian police.''.
(b) Conforming Repeals.--The following provisions of law are
repealed:
(1) Section 2010 of title 10, United States Code.
(2) Section 1203 of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2011 note).
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of title 10, United States Code, is amended by striking the
item relating to section 2010.
SEC. 1205. TRANSFER OF AND REVISION TO AUTHORITY TO PROVIDE OPERATIONAL
SUPPORT TO FORCES OF FRIENDLY FOREIGN COUNTRIES.
(a) In General.--Section 127d of title 10, United States Code, is
transferred to chapter 16 of such title, as added by section
1201(a)(3), inserted after the table of sections at the beginning of
subchapter IV, redesignated as section 331, and amended to read as
follows:
``Sec. 331. Friendly foreign countries: authority to provide support
for conduct of operations
``(a) Authority.--The Secretary of Defense may provide support to
friendly foreign countries in connection with the conduct of
operations.
``(b) Types of Support Authorized.--The types of support that may
be provided under the authority in subsection (a) are the following:
``(1) Logistic support, supplies, and services to security
forces of a friendly foreign country participating in--
``(A) an operation with the armed forces under the
jurisdiction of the Secretary of Defense; or
``(B) a military or stability operation that
benefits the national security interests of the United
States.
``(2) Logistic support, supplies, and services--
``(A) to military forces of a friendly foreign
country solely for the purpose of enhancing the
interoperability of the logistical support systems of
military forces participating in a combined operation
with the United States in order to facilitate such
operation; or
``(B) to a nonmilitary logistics, security, or
similar agency of a friendly foreign government if such
provision would directly benefit the armed forces under
the jurisdiction of the Secretary of Defense.
``(3) Procurement of equipment for the purpose of the loan
of such equipment to the military forces of a friendly foreign
country participating in a United States-supported coalition or
combined operation and the loan of such equipment to those
forces to enhance capabilities or to increase interoperability
with the armed forces under the jurisdiction of the Secretary
of Defense and other coalition partners.
``(4) Small-scale construction to support military forces
of a friendly foreign country participating in a United States-
supported coalition or combined operation when the construction
is directly linked to the ability of such forces to participate
in such operation effectively.
``(c) Certification Required.--
``(1) Operations in which the united states is not
participating.--The Secretary of Defense may provide support
under subsection (a) to a friendly foreign country with respect
to an operation in which the United States is not participating
only--
``(A) if the Secretary of Defense and the Secretary
of State jointly certify to Congress that the operation
is in the national security interests of the United
States; and
``(B) after the expiration of the 15-day period
beginning on the date of such certification.
``(2) Accompanying report.--Any certification under
paragraph (1) shall be accompanied by a report that includes
the following:
``(A) A description of the operation, including the
geographic area of the operation.
``(B) A list of participating countries.
``(C) A description of the national security
interests of the United States supported by the
operation.
``(d) Secretary of State Concurrence.--The provision of support
under subsection (a) may be made only with the concurrence of the
Secretary of State.
``(e) Support Otherwise Prohibited by Law.--The Secretary of
Defense may not use the authority in subsection (a) to provide any type
of support described in subsection (b) that is otherwise prohibited by
any provision of law.
``(f) Limitations on Value.--
``(1) The aggregate value of all logistic support,
supplies, services, and small-scale construction provided under
subsections (b)(1) and (b)(4) in any fiscal year may not exceed
$550,000,000.
``(2) The aggregate value of all logistic support,
supplies, and services provided under subsection (b)(2) in any
fiscal year may not exceed $5,000,000.
``(g) Definition.--In this section, the term `logistic support,
supplies, and services' has the meaning given that term in section
2350(1) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 3 of such title is amended by striking the item relating to
section 127d.
SEC. 1206. CONSOLIDATION OF AUTHORITIES FOR SERVICE ACADEMY
INTERNATIONAL ENGAGEMENT.
(a) Consolidation of Authorities.--Chapter 16 of title 10, United
States Code, as added by section 1201(a)(3), is amended by inserting
after section 344, as transferred and redesignated by section 1201(g),
the following new section:
``Sec. 345. International engagement authorities for Service Academies
``(a) Selection of Persons From Foreign Countries To Receive
Instruction at Service Academies.--
``(1) Attendance authorized.--
``(A) In general.--The Secretary of each military
department may permit persons from foreign countries to
receive instruction at the Service Academy under the
jurisdiction of the Secretary. Such persons shall be in
addition to--
``(i) in the case of the United States
Military Academy, the authorized strength of
the Corps of the Cadets of the Academy under
4342 of this title;
``(ii) in the case of the United States
Naval Academy, the authorized strength of the
Brigade of Midshipmen of the Academy under
section 6954 of this title; and
``(iii) in the case of the United States
Air Force Academy, the authorized strength of
the Cadet Wing of the Academy under 9342 of
this title.
``(B) Limitation on number.--The number of persons
permitted to receive instruction at each Service
Academy under this subsection may not be more than 60
at any one time.
``(2) Determination of foreign countries from which persons
may be selected.--The Secretary of a military department, upon
approval by the Secretary of Defense, shall determine--
``(A) the countries from which persons may be
selected for appointment under this subsection to the
Service Academy under the jurisdiction of that
Secretary; and
``(B) the number of persons that may be selected
from each country.
``(3) Qualifications and selection.--The Secretary of each
military department--
``(A) may establish entrance qualifications and
methods of competition for selection among individual
applicants under this subsection; and
``(B) shall select those persons who will be
permitted to receive instruction at the Service Academy
under the jurisdiction of the Secretary under this
subsection.
``(4) Selection priority to persons with national service
obligation upon graduation.--In selecting persons to receive
instruction under this subsection from among applicants from
the countries approved under paragraph (2), the Secretary of
the military department concerned shall give a priority to
persons who have a national service obligation to their
countries upon graduation from the Academy.
``(5) Pay, allowances, and emoluments of persons
admitted.--A person receiving instruction under this subsection
is entitled to the pay, allowances, and emoluments of a cadet
or midshipman appointed from the United States, and from the
same appropriations.
``(6) Reimbursement of costs by foreign countries from
which persons are admitted.--
``(A) Reimbursement required.--Each foreign country
from which a cadet or midshipman is permitted to
receive instruction at one of the Service Academies
under this subsection shall reimburse the United States
for the cost of providing such instruction, including
the cost of pay, allowances, and emoluments provided
under paragraph (5). The Secretaries of the military
departments shall prescribe the rates for reimbursement
under this paragraph, except that the reimbursement
rates may not be less than the cost to the United
States of providing such instruction, including pay,
allowances, and emoluments, to a cadet or midshipman
appointed from the United States.
``(B) Waiver authority.--The Secretary of Defense
may waive, in whole or in part, the requirement for
reimbursement of the cost of instruction for a cadet or
midshipman under subparagraph (A). In the case of a
partial waiver, the Secretary of Defense shall
establish the amount waived.
``(7) Applicability of academy regulations, etc.--
``(A) In general.--Except as the Secretary
concerned determines, a person receiving instruction
under this subsection at the Service Academy under the
jurisdiction of that Secretary is subject to the same
regulations governing admission, attendance,
discipline, resignation, discharge, dismissal, and
graduation as a cadet or midshipman at that Academy
appointed from the United States.
``(B) Classified information.--The Secretary
concerned may prescribe regulations with respect to
access to classified information by a person receiving
instruction under this subsection at the Service
Academy under the jurisdiction of that Secretary that
differ from the regulations that apply to a cadet or
midshipman at that Academy appointed from the United
States.
``(8) Ineligibility for appointment in united states armed
forces.--A person receiving instruction at a Service Academy
under this subsection is not entitled to an appointment in an
armed force of the United States by reason of graduation from
the Academy.
``(9) Inapplicability of requirement for taking of
admission oath.--A person receiving instruction under this
subsection is not subject to section 4346(d), 6958(d), or
9346(d) of this title, as the case may be.
``(b) Exchange Programs With Foreign Military Academies.--
``(1) Exchange programs authorized.--The Secretary of a
military department may permit a student enrolled at a military
academy of a foreign country to receive instruction at the
Service Academy under the jurisdiction of that Secretary in
exchange for a cadet or midshipman receiving instruction at
that foreign military academy pursuant to an exchange agreement
entered into between the Secretary and appropriate officials of
the foreign country. A student receiving instruction at a
Service Academy under the exchange program shall be in addition
to persons receiving instruction at the Academy under
subsection (a).
``(2) Limitations on number and duration of exchanges.--An
exchange agreement under this subsection between the Secretary
and a foreign country shall provide for the exchange of
students on a one-for-one basis each fiscal year. Not more than
100 cadets or midshipmen from each Service Academy and a
comparable number of students from foreign military academies
participating in the exchange program may be exchanged during
any fiscal year. The duration of an exchange may not exceed the
equivalent of one academic semester at a Service Academy.
``(3) Costs and expenses.--
``(A) A student from a military academy of a
foreign country is not entitled to the pay, allowances,
and emoluments of a cadet or midshipman by reason of
attendance at a Service Academy under the exchange
program, and the Department of Defense may not incur
any cost of international travel required for
transportation of such a student to and from the
sponsoring foreign country.
``(B) The Secretary concerned may provide a student
from a foreign country under the exchange program,
during the period of the exchange, with subsistence,
transportation within the continental United States,
clothing, health care, and other services to the same
extent that the foreign country provides comparable
support and services to the exchanged cadet or
midshipman in that foreign country.
``(C) A Service Academy shall bear all costs of the
exchange program from funds appropriated for that
Academy and such additional funds as may be available
to that Academy from a source other than appropriated
funds to support cultural immersion, regional
awareness, or foreign language training activities in
connection with the exchange program.
``(D) Expenditures in support of the exchange
program from funds appropriated for each Academy may
not exceed $1,000,000 during any fiscal year.
``(4) Application of other laws.--Paragraphs (7), (8), and
(9) of subsection (a) shall apply with respect to a student
enrolled at a military academy of a foreign country while
attending a Service Academy under the exchange program.
``(5) Regulations.--The Secretary concerned shall prescribe
regulations to implement this subsection. Such regulations may
include qualification criteria and methods of selection for
students of foreign military academies to participate in the
exchange program.
``(c) Foreign and Cultural Exchange Activities.--
``(1) Attendance authorized.--The Secretary of a military
department may authorize the Service Academy under the
jurisdiction of that Secretary to permit students, officers,
and other representatives of a foreign country to attend that
Academy for periods of not more than four weeks if the
Secretary determines that the attendance of such persons
contributes significantly to the development of foreign
language, cross cultural interactions and understanding, and
cultural immersion of cadets or midshipmen, as the case may be.
``(2) Effect of attendance.--Persons attending a Service
Academy under paragraph (1) are not considered to be students
enrolled at that Academy and are in addition to persons
receiving instruction at that Academy under subsection (a) or
(b).
``(3) Financial matters.--
``(A) Costs and expenses.--The Secretary of a
military department may pay the travel, subsistence,
and similar personal expenses of persons incurred to
attend the Service Academy under the jurisdiction of
that Secretary under paragraph (1).
``(B) Source of funds.--Each Service Academy shall
bear the costs of the attendance of persons at that
Academy under paragraph (1)--
``(i) from funds appropriated for that
Academy; and
``(ii) from such additional funds as may be
available to the Academy from a source, other
than appropriated funds, to support cultural
immersion, regional awareness, or foreign
language training activities in connection with
their attendance.
``(C) Limitation on expenditures.--Expenditures
from appropriated funds in support of activities under
this subsection for any Service Academy may not exceed
$40,000 during any fiscal year.
``(d) Definition.--In this section, the term `Service Academy'
means the following: the United States Military Academy, the United
States Naval Academy, and the United States Air Force Academy.''.
(b) Conforming Repeals.--
(1) Repeals.--Sections 4344, 4345, 4345a, 6957, 6957a,
6957b, 9344, 9345, and 9345a of title 10, United States Code,
are repealed.
(2) Clerical amendments.--(A) The table of sections at the
beginning of chapter 403 of such title is amended by striking
the items relating to sections 4344, 4345, and 4345a.
(B) The table of sections at the beginning of
chapter 603 of such title is amended by striking the
items relating to sections 6957, 6957a, and 6957b.
(C) The table of sections at the beginning of
chapter 903 of such title is amended by striking the
items relating to sections 9344, 9345, and 9345a.
SEC. 1207. TRANSFER AND REVISION OF AUTHORITY TO BUILD THE CAPACITY OF
FOREIGN SECURITY FORCES.
(a) Transfer and Redesignation.--Section 2282 of title 10, United
States Code, is transferred to chapter 16 of title 10, United States
Code, as added by section 1201(a)(3), inserted after section 331, as
transferred and redesignated by section 1205, and redesignated as
section 332.
(b) Revisions.--Section 332 of title 10, United States Code, as
transferred and redesignated by subsection (a), is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(4) To sustain the capacities built--
``(A) under paragraphs (1) through (3); or
``(B) under section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163), as that section was in effect before being
repealed by section 1205(c) of the National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 3536).'';
(2) in subsection (b)(1), by inserting ``sustainment,''
after ``defense services,'';
(3) in subsection (c)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1)
and inserting before the period at the end of that
paragraph the following: ``, except that reporting,
notification and spend plan requirements shall not be
considered prohibitions for purposes of this section or
comparable provisions of law'';
(C) by redesignating paragraphs (3), (4), and (5)
as paragraphs (2), (3), and (4), respectively;
(D) in subparagraph (A) of paragraph (3), as so
redesignated, by striking ``but end in the next fiscal
year'' and inserting ``but end no later than the third
fiscal year thereafter''; and
(E) in subparagraph (A) of paragraph (4), as so
redesignated, by striking ``$750,000'' and inserting
``the amount specified in section 301(2) of this
title'';
(4) by striking ``military'' after ``small-scale'' each
place it appears (including in the heading of paragraph (4) of
subsection (c)); and
(5) by striking subsection (g).
(c) Section Heading.--The heading of such section is amended to
read as follows:
``Sec. 332. Foreign security forces: authority to build capacity''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 136 of such title is amended by striking the item relating to
section 2282.
SEC. 1208. CONSOLIDATION AND STANDARDIZATION OF REPORTING REQUIREMENTS
RELATING TO SECURITY COOPERATION AUTHORITIES.
(a) Codification.--Chapter 16 of title 10, United States Code, as
added by section 1201(a)(3), is amended by inserting after section 301
a new section 302 consisting of--
(1) a heading as follows:
``Sec. 302. Annual report'';
and
(2) a text consisting of the text of subsections (a)
through (e) of section 1211 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3544).
(b) Revisions To Provide for Permanent, Annual Report.--Subsection
(a) of section 302 of title 10, United States Code, as added by
subsection (a), is amended--
(1) by striking ``Biennial'' and all that follows through
``the Secretary'' and inserting ``Annual Report Required.--Not
later than February 1 each year, the Secretary''; and
(2) by striking ``the two fiscal years'' and inserting
``the fiscal year''.
(c) Elements of Report.--Subsection (b) of such section is amended
by adding at the end the following new paragraph:
``(4) For each foreign country in which the training,
equipment, or assistance or reimbursement was provided, a
description of the extent of participation, if any, by the
military forces and security forces or other government
organizations of such foreign country, other than in a case in
which national security or other considerations make inclusion
of such information impractical.''.
(d) Revision to Covered Authorities.--Subsection (c) of such
section is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) The following sections of this chapter: 321, 331,
332, 333, 341, 344, 346, and 347.'';
(2) by striking paragraphs (3) through (7);
(3) by redesignating paragraph (8) as paragraph (3) and in
that paragraph by striking ``Section'' and inserting ``Sections
401 and'';
(4) by inserting after paragraph (3), as redesignated by
paragraph (4), the following new paragraph:
``(4) Section 1206 of the Carl Levin and Howard P. `Buck'
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-29; 10 U.S.C. 2282 note), relating to authority
to conduct human rights training of security forces and
associated security ministries of foreign countries.'';
(5) by redesignating paragraphs (9) and (10) as paragraphs
(5) and (6), respectively;
(6) by striking paragraph (11); and
(7) by redesignating paragraphs (12) through (17) as
paragraphs (7) through (12), respectively.
(e) Repeal of Codified Statute.--Section 1211 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3544), is amended by striking
subsections (a) through (e).
(f) Repeal of Other Reporting Requirements.--The following
provisions of law are repealed:
(1) Section 1534(g) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3618), requiring
semiannual reports on the Counterterrorism Partnerships Fund.
(2) Section 1233(f) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394),
requiring a quarterly report on the use of authority to
reimburse certain coalition nations for support provided to
United States military operations.
(3) Section 1234(e) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394),
requiring a quarterly report on the use of authorization for
logistical support for coalition forces supporting certain
United States military operations.
(4) Section 401(d) of title 10, United States Code,
requiring an annual report on humanitarian and civic assistance
activities under that section.
(5) Section 1205(e)(2) of the National Defense
Authorization Act for Fiscal Year 2014 (32 U.S.C. 107 note),
requiring an annual report on the use of authority for the
National Guard State Partnership program.
SEC. 1209. REPEAL OF SUPERSEDED, OBSOLETE, DUPLICATIVE STATUTES
RELATING TO SECURITY COOPERATION AUTHORITIES.
(a) Repeals.--The following provisions of title 10, United States
Code, are repealed:
(1) Section 168, relating to military-to-military contacts
and comparable activities.
(2) Section 1051c, relating to assignment of members of
foreign military forces to improve education and training in
information security through multilateral, bilateral, or
regional cooperation programs.
(3) Section 2562, relating to a limitation on use of excess
construction or fire equipment from Department of Defense
stocks in foreign assistance or military sales programs.
(4) Sections 4681 and 9681, relating to sale of surplus war
material to States and foreign governments.
(b) Clerical Amendments.--Title 10, United States Code, is amended
as follows:
(1) The table of sections at the beginning of chapter 6 is
amended by striking the item relating to section 168.
(2) The table of sections at the beginning of chapter 53 is
amended by striking the item relating to section 1051c.
(3) The table of sections at the beginning of chapter 152
is amended by striking the item relating to section 2562.
(4) The tables of sections at the beginning of chapters 443
and 943 are amended by striking the items relating to section
4681 and 9681, respectively.
Subtitle B--Other Matters
SEC. 1211. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO THE VETTED
SYRIAN OPPOSITION.
(a) In General.--Subsection (a) of section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541) is amended by
striking ``December 31, 2016'' and inserting ``September 30, 2018''.
(b) Reprogramming Requirement.--Subsection (f) of such section is
amended to read as follows:
``(f) Funding.--Of the amounts made available for Overseas
Contingency Operations for fiscal year 2017, there are authorized to be
appropriated $250,000,000 to carry out this section. Amounts authorized
to be appropriated under this subsection are authorized to remain
available through September 30, 2018.''.
SEC. 1212. EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY RESPONSE
PROGRAM IN AFGHANISTAN.
(a) Extension.--Section 1201 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1619), as most
recently amended by section 1211 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. yyy), is further
amended by striking ``fiscal year 2016'' in subsections (a), (b), and
(f) and inserting ``fiscal year 2017''.
(b) Amount of Funds Available During Fiscal Year 2017.--Subsection
(a) of such section is further amended by striking ``$10,000,000'' and
inserting ``$5,000,000''.
SEC. 1213. ENHANCEMENT OF INTERAGENCY SUPPORT DURING CONTINGENCY
OPERATIONS AND TRANSITION PERIODS.
(a) Authority.--The Secretary of Defense and the Secretary of State
may enter into an agreement under which each Secretary may provide
covered support, supplies, and services on a reimbursement basis, or by
exchange of covered support, supplies, and services, to the other
Secretary during a contingency operation and related transition period
for up to two years following the end of such contingency operation.
(b) Agreement.--An agreement entered into under this section shall
be in writing and shall include the following terms:
(1) The price charged by a supplying agency shall be the
direct costs that such agency incurred by providing the covered
support, supplies, or services to the requesting agency under
this section.
(2) Credits and liabilities of the agencies accrued as a
result of acquisitions and transfers of covered support,
supplies, and services under this section shall be liquidated
not less often than once every 3 months by direct payment to
the agency supplying such support, supplies, or services by the
agency receiving such support, supplies, or services.
(3) Exchange entitlements accrued as a result of
acquisitions and transfers of covered support, supplies, and
services under this section shall be satisfied within 12 months
after the date of the delivery of the covered support,
supplies, or services. Exchange entitlements not so satisfied
shall be immediately liquidated by direct payment to the agency
supplying such covered support, supplies, or services.
(c) Effect of Obligation and Availability of Funds.--An order
placed by an agency pursuant to an agreement under this section is
deemed to be an obligation in the same manner that a similar order or
contract placed with a private contractor is an obligation.
Appropriations remain available to pay an obligation to the servicing
agency in the same manner as appropriations remain available to pay an
obligation to a private contractor.
(d) Definitions.--In this section:
(1) The term ``covered support, supplies, and services''
means food, billeting, transportation (including airlift),
petroleum, oils, lubricants, communications services, medical
services, ammunition, base operations support (and construction
incident to base operations support), use of facilities, spare
parts and components, repair and maintenance services, and
calibration services.
(2) The term ``contingency operation'' has the meaning
given that term in section 101(a)(13) of title 10, United
States Code.
(e) Crediting of Receipts.--Any receipt as a result of an agreement
entered into under this section shall be credited, at the option of the
Secretary of Defense with respect to the Department of Defense and the
Secretary of State with respect to the Department of State, to--
(1) the appropriation, fund, or account used in incurring
the obligation; or
(2) an appropriate appropriation, fund, or account
currently available for the purposes for which the expenditures
were made.
SEC. 1214. EXTENSION OF AND REVISED FUNDING SOURCES FOR TRAINING
EASTERN EUROPEAN NATIONAL MILITARY FORCES IN THE COURSE
OF MULTILATERAL EXERCISES.
(a) Funding Sources.--Subsection (d)(2) of section 1251 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. yyyy) is amended by adding at the end the following
new subparagraph:
``(C) Amounts authorized to be appropriated for a
fiscal year for operation and maintenance overseas
contingency operations, Army, and available for the
European Reassurance Initiative in the `additional
activities' line.''.
(b) Extension.--Subsection (h) of such section is amended by
striking ``2017'' both places it appears and inserting ``2018''.
SEC. 1215. EXTENSION OF AFGHAN SPECIAL IMMIGRANT PROGRAM.
Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009
(title VI of dvision F of Public Law 111-8; 8 U.S.C. 1101 note) is
amended--
(1) in the matter preceding clause (i), by striking
``7,000'' and inserting ``11,000'';
(2) in clause (i), by striking ``December 31, 2016'' and
inserting ``December 31, 2017''; and
(3) in clause (ii), by striking ``December 31, 2016'' and
inserting ``December 31, 2017''.
SEC. 1216. AUTHORITY TO DESTROY CERTAIN SPECIFIED WORLD WAR II-ERA
UNITED STATES-ORIGIN CHEMICAL MUNITIONS LOCATED ON SAN
JOSE ISLAND, REPUBLIC OF PANAMA.
(a) Authority.--
(1) In general.--Subject to subsection (b), the Secretary
of Defense may destroy the chemical munitions described in
subsection (c).
(2) Ex gratia action.--The action authorized by this
section is ``ex gratia'' on the part of the United States, as
the term ``ex gratia'' is used in section 321 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 10 U.S.C. 2701 note).
(3) Consultation between secretary of defense and secretary
of state.--The Secretary of Defense and the Secretary of State
shall consult and develop any arrangements with the Republic of
Panama with respect to this section.
(b) Conditions.--The Secretary of Defense may exercise the
authority under subsection (a) only if the Republic of Panama has--
(1) revised the declaration of the Republic of Panama under
the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction to indicate that the chemical munitions
described in subsection (c) are ``old chemical weapons'' rather
than ``abandoned chemical weapons''; and
(2) affirmed, in writing, that it understands (A) that the
United States intends only to destroy the munitions described
in subsections (c) and (d), and (B) that the United States is
not legally obligated and does not intend to destroy any other
munitions, munitions constituents, and associated debris that
may be located on San Jose Island as a result of research,
development, and testing activities conducted on San Jose
Island during the period of 1943 through 1947.
(c) Chemical Munitions.--The chemical munitions described in this
subsection are the eight United States-origin chemical munitions
located on San Jose Island, Republic of Panama, that were identified in
the 2002 Final Inspection Report of the Technical Secretariat of the
Organization for the Prohibition of Chemical Weapons.
(d) Limited Incidental Authority To Destroy Other Munitions.--In
exercising the authority under subsection (a), the Secretary of Defense
may destroy other munitions located on San Jose Island, Republic of
Panama, but only to the extent essential and required to reach and
destroy the chemical munitions described in subsection (c).
(e) Source of Funds.--Of the amounts authorized to be appropriated
by this Act, the Secretary of Defense may use up to $30,000,000 from
amounts made available for Chemical Agents and Munitions Destruction,
Defense to carry out the authority in subsection (a).
SEC. 1217. EXPANDED AUTHORITY FOR TRANSFER OF EXCESS NAVAL VESSELS TO
FOREIGN NATIONS.
Section 7307(a) of title 10, United States Code, is amended by
striking ``3,000 tons'' and inserting ``4,500 tons''.
SEC. 1218. EXTENSION OF AUTHORITY TO CONDUCT ACTIVITIES TO ENHANCE THE
CAPABILITY OF FOREIGN COUNTRIES TO RESPOND TO INCIDENTS
INVOLVING WEAPONS OF MASS DESTRUCTION.
Section 1204(h) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 897; 10 U.S.C. 401 note)
is amended by striking ``September 30, 2019'' and inserting ``September
30, 2021''.
SEC. 1219. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES
PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE OF SUPPLY TO
AFGHANISTAN.
Section 801(f) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2399), as most recently amended
by section 1214 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. yyyy), is further amended by
striking ``December 31, 2016'' and inserting ``December 31, 2018''.
SEC. 1220. INCREASE TO THE SIZE OF THE SPECIAL DEFENSE ACQUISITION
FUND.
Section 114(c)(1) of title 10, United States Code, is amended by
striking ``$1,070,000,000'' and inserting ``$3,000,000,000''.
SEC. 1221. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES
OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.
(a) Extension of Authority.--Subsection (f)(1) of section 1215 of
the National Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81; 10 U.S.C. 113 note) is amended by striking ``fiscal year 2016''
and inserting ``fiscal year 2017''.
(b) Amount Available.--Such section is further amended--
(1) in subsection (c), by striking ``fiscal year 2016'' and
inserting ``fiscal year 2017''; and
(2) in subsection (d), by striking ``fiscal year 2016'' and
inserting ``fiscal year 2017''.
SEC. 1222. EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.
Subsection (h) of section 1208 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086), as most recently amended by section 1274 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. XXXX), is further amended by striking ``2017'' and inserting
``2019''.
SEC. 1223. EXTENSION OF AFGHANISTAN SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2017 for the Afghanistan Security
Forces Fund, as established by section 1513 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 111-181; 122 Stat.
428) in the amount of $3,448,715,000.
(b) Continuation of Existing Limitation on the Use of Amounts in
Fund.--Funds available to the Department of Defense for the Afghanistan
Security Forces Fund for fiscal year 2017 shall be subject to the
conditions contained in subsections (b) through (g) of such section, as
amended by section 1531(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4424).
(c) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph
(2), the Secretary of Defense may accept equipment that is
procured using amounts in the Afghanistan Security Forces Fund
authorized under this Act and is intended for transfer to the
security forces of Afghanistan, but is not accepted by such
security forces.
(2) Conditions on acceptance of equipment.--Before
accepting any equipment under the authority provided by
paragraph (1), the Commander of United States forces in
Afghanistan shall make a determination that the equipment was
procured for the purpose of meeting requirements of the
security forces of Afghanistan, as agreed to by both the
Government of Afghanistan and the United States, but is no
longer required by such security forces or was damaged before
transfer to such security forces.
(3) Elements of determination.--In making a determination
under paragraph (2) regarding equipment, the Commander of
United States forces in Afghanistan shall consider alternatives
to Secretary of Defense acceptance of the equipment. An
explanation of each determination, including the basis for the
determination and the alternatives considered, shall be
included in the relevant quarterly report required under
paragraph (5).
(4) Treatment as department of defense stocks.--Equipment
accepted under the authority provided by paragraph (1) may be
treated as stocks of the Department of Defense upon
notification to the congressional defense committees of such
treatment.
(5) Quarterly reports on equipment disposition.--Not later
than 90 days after the date of the enactment of this Act and
every 90-day period thereafter during which the authority
provided by paragraph (1) is exercised, the Secretary of
Defense shall submit to the congressional defense committees a
report describing the equipment accepted under this subsection,
section 1531(d) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 938; 10 U.S.C.
2302 note), and section 1532(b) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3612) during the
period covered by the report. Each report shall include a list
of all equipment that was accepted during the period covered by
the report and treated as stocks of the Department and copies
of the determinations made under paragraph (2), as required by
paragraph (3).
SEC. 1224. MAINTENANCE OF PROHIBITION ON PROCUREMENT BY DEPARTMENT OF
DEFENSE OF COMMUNIST CHINESE-ORIGIN ITEMS THAT MEET THE
DEFINITION OF GOODS AND SERVICES CONTROLLED AS MUNITIONS
ITEMS WHEN MOVED TO THE ``600 SERIES'' OF THE COMMERCE
CONTROL LIST.
(a) In General.--Section 1211 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 2302 note) is
amended--
(1) in subsection (b), by inserting ``or in the 600 series
of the control list of the Export Administration Regulations''
after ``in Arms Regulations,''; and
(2) in subsection (e), by adding at the end the following
new paragraph:
``(3) The term `600 series of the control list of the
Export Administration Regulations' means the 600 series of the
Commerce Control List contained in Supplement No. 1 to part 774
of subtitle B of title 15 of the Code of Federal
Regulations.''.
(b) Technical Corrections to ITAR References.--Subsections (b) and
(e)(2) of such section are amended by striking ``Trafficking'' and
inserting ``Traffic''.
SEC. 1225. EXTENSION OF AUTHORITY FOR GLOBAL SECURITY CONTINGENCY FUND.
(a) Extension.--
(1) Availability of funds.--Subsection (i)(1) of section
1207 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 22 U.S.C. 2151 note) is amended by
striking ``September 30, 2017'' and inserting ``September 30,
2021''.
(2) Expiration.--Subsection (p) of such section is
amended--
(A) by striking ``September 30, 2017'' and
inserting ``September 30, 2021''; and
(B) by striking ``2012 through 2017'' and inserting
``ending on or before that date''.
(b) One-Month Change in Date for Submission of Annual Report.--
Subsection (n) of such section is amended by striking ``October 30 each
year'' and inserting ``November 30 each year''.
SEC. 1226. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES OF
AFRICA IN SUPPORT OF COVERED ACTIVITIES IN UNITED STATES
AFRICA COMMAND AREA OF RESPONSIBILITY.
(a) Authority.--In the case of a product or service to be acquired
in support of covered activities in a covered African country for which
the Secretary of Defense makes a determination described in subsection
(b), the Secretary may conduct a procurement in which--
(1) competition is limited to products or services from the
host nation;
(2) a preference is provided for products or services from
the host nation; or
(3) a preference is provided for products or services from
a covered African country, other than the host nation.
(b) Determinations.--
(1) A determination described in this subsection is a
determination by the Secretary of any of the following:
(A) That the product or service concerned is to be
used only in support of covered activities.
(B) That it is in the national security interests
of the United States to limit competition or provide a
preference as described in subsection (a) because such
limitation or preference is necessary--
(i) to reduce overall United States
transportation costs and risks in shipping
products in support of operations, exercises,
theater security cooperation activities, and
other missions in the United States Africa
Command area of responsibility;
(ii) to reduce delivery times in support of
covered activities; or
(iii) to promote regional security,
stability, and economic prosperity in Africa.
(C) That the product or service is of equivalent
quality of a product or service that would have
otherwise been acquired.
(2) A determination under paragraph (1) shall not be
effective for purposes of a limitation or preference under
subsection (a) unless the Secretary also determines that--
(A) the limitation or preference will not adversely
affect--
(i) United States military operations or
stability operations in the United States
Africa Command area of responsibility; or
(ii) the United States industrial base; and
(B) in the case of air transportation, an air
carrier holding a certificate under section 41102 of
title 49, United States Code, is not reasonably
available to provide the required air transportation.
(c) Definitions.--In this section:
(1) Covered activities.--The term ``covered activities''
means Department of Defense activities in the United States
Africa Command area of responsibility.
(2) Covered african country.--The term ``covered African
country'' means a country in Africa that has signed a long-term
agreement with the United States related to the basing or
operational needs of the United States Armed Forces.
(3) Host nation.--The term ``host nation'' means a nation
which allows the armed forces and supplies of the United States
to be located on, to operate in, or to be transported through
its territory.
(4) Products and services of a covered african country.--
For purposes of this section:
(A) A product is from a covered African country if
it is wholly grown, mined, manufactured or produced in
the covered African country.
(B) A service is from a covered African country if
it is performed by a person or entity that is properly
licensed or registered by authorities of a covered
African country and--
(i) is operating primarily in the covered
African country; or
(ii) is making a significant contribution
to the economy of the covered African country
through payment of taxes or use of products,
materials, or labor of the covered African
country.
(d) Conforming Amendment.--Section 1263 of the National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat.
3581) is repealed.
(e) Sunset.--The authority under this section shall terminate after
September 30, 2019.
SEC. 1227. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND
PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY
FORCES OF AFGHANISTAN.
(a) Expiration.--Subsection (h) of section 1222 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
Stat. 1992), as most recently amended by section 1215 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1045), is further amended by striking ``December 31, 2016'' and
inserting ``December 31, 2017''.
(b) Excess Defense Articles.--Subsection (i)(2) of such section is
amended by striking ``During fiscal years 2013, 2014, 2015, and 2016''
each place it appears and inserting ``Through December 31, 2017''.
SEC. 1228. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE
ISLAMIC STATE IN IRAQ AND THE LEVANT.
(a) Extension of Authority.--Subsection (a) of section 1236 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558), as
amended by section 1223 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1049), is amended by
striking ``December 31, 2016'' and inserting ``September 30, 2018''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``in the National Defense Authorization Act
for Fiscal Year 2016 for'' and inserting ``for Department of
Defense'';
(2) by striking ``in title XV for fiscal year 2016'' and
inserting ``fiscal year 2017'';
(3) by striking ``$715,000,000'' and inserting
``$630,000,000''; and
(4) by striking ``September 30, 2016'' and inserting
``September 30, 2018''.
SEC. 1229. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED
STATES MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 393), as most recently amended by section 1212 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1043), is amended by striking ``fiscal year 2016'' and inserting
``fiscal year 2017''.
(b) Applicability to Military Operations in Afghanistan
Generally.--Such section is further amended--
(1) in subsection (a)(1), by striking ``in Iraq or in
Operation Enduring Freedom in Afghanistan'' and inserting ``in
Afghanistan and to counter the Islamic State in Iraq and the
Levant''; and
(2) in subsection (b), by striking ``in Iraq or in
Operations Enduring Freedom in Afghanistan'' and inserting ``in
Afghanistan and to counter the Islamic State in Iraq and the
Levant''.
(c) Limitation on Amounts Available.--Subsection (d)(1) of such
section is amended--
(1) in the second sentence, by striking ``during fiscal
year 2016 may not exceed $1,160,000,000'' and inserting
``during fiscal year 2017 may not exceed $1,100,000,000''; and
(2) in the third sentence, by striking ``fiscal year 2016
may not exceed $900,000,000'' and inserting ``fiscal year 2017
may not exceed $800,000,000''.
(d) Treatment of 2016 Unobligated Balances.--Of the $100,000,000
made available pursuant to section 1212(f) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1044), amounts that are unobligated as of September 30, 2016, shall
continue to be available in fiscal year 2017 for such purposes, in
addition to the total amount of reimbursements and support authorized
for Pakistan during fiscal year 2017 pursuant to section 1233(d)(1) of
the National Defense Authorization Act for Fiscal Year 2008 (as so
amended).
TITLE XIII--[RESERVED]
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in the amount of $1,371,613,000.
SEC. 1402. JOINT URGENT OPERATIONAL NEEDS FUND.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the Joint Urgent Operational Needs Fund in the amount of
$99,300,000.
SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2017
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, in the amount of $551,023,000, of
which--
(1) $147,282,000 is for Operation and Maintenance;
(2) $388,609,000 is for Research, Development, Test, and
Evaluation; and
(3) $15,132,000 is for Procurement.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2017 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
in the amount of $844,800,000.
SEC. 1405. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS FROM AND TO
ACQUIRE ADDITIONAL MATERIALS FOR THE NATIONAL DEFENSE
STOCKPILE.
(a) Disposal Authority.--Pursuant to section 5(b) of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), the
National Defense Stockpile Manager may dispose of the following
materials contained in the National Defense Stockpile in the following
quantities:
(1) 27 short tons of beryllium.
(2) 111,149 short tons of chromium, ferroalloy.
(3) 2,973 short tons of chromium metal.
(4) 8,380 troy ounces of platinum.
(5) 275,741 pounds of contained tungsten metal powder.
(6) 12,433,796 pounds of contained tungsten ores and
concentrates.
(b) Acquisition Authority.--
(1) Authority.--Using funds available in the National
Defense Stockpile Transaction Fund, the National Defense
Stockpile Manager may acquire the following materials
determined to be strategic and critical materials required to
meet the defense, industrial, and essential civilian needs of
the United States:
(A) High modulus and high strength carbon fibers.
(B) Tantalum.
(C) Germanium.
(D) Tungsten rhenium metal.
(E) Boron carbide powder.
(F) Europium.
(G) Silicon carbide fiber.
(2) Amount of authority.--The National Defense Stockpile
Manager may use up to $55,000,000 in the National Defense
Stockpile Transaction Fund for acquisition of the materials
specified in paragraph (1).
(3) Fiscal year limitation.--The authority under paragraph
(1) is available for purchases during fiscal year 2017 through
fiscal year 2021.
SEC. 1406. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2017 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, in the amount of $322,035,000, of which--
(1) $318,882,000 is for Operation and Maintenance; and
(2) $3,153,000 is for Research, Development, Test, and
Evaluation.
SEC. 1407. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2017 for expenses, not otherwise provided
for, for the Defense Health Program, in the amount of $33,467,516,000,
of which--
(1) $32,231,390,000 is for Operation and Maintenance;
(2) $822,907,000 is for Research, Development, Test, and
Evaluation; and
(3) $413,219,000 is for Procurement.
Subtitle B--Other Matters
SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH
CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated for section 506 and available for the Defense Health
Program for operation and maintenance, $122,375,000 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.
(b) Use of Transferred Funds.--For the purposes of subsection (b)
of such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2017
from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000
for the operation of the Armed Forces Retirement Home.
SEC. 1413. REVISIONS TO THE STRATEGIC AND CRITICAL MATERIALS STOCK
PILING ACT.
(a) Materials Constituting the National Defense Stockpile.--Section
4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98c) is amended--
(1) in subsection (b)--
(A) by inserting ``strategic and critical'' before
``material''; and
(B) by striking ``required for the stockpile
shall'' and inserting ``suitable for transfer to or
disposal through the stockpile may''; and
(2) in subsection (c)--
(A) by striking ``(1)'' and all that follows
through ``(2)'';
(B) by inserting ``strategic and critical'' before
``materials''; and
(C) by striking ``this subsection'' and inserting
``subsection (b)''.
(b) Qualification of Domestic Sources.--Section 15 of such Act (50
U.S.C. 98h-6) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) by qualifying existing domestic facilities and
domestically produced strategic and critical materials to meet
the requirements of defense and essential civilian industries
in times of national emergencies when existing domestic sources
of supply are either insufficient or vulnerable to single
points of failure.'';
(2) in subsection (b), by inserting ``paragraph (1) or (2)
of'' in the first sentence after ``made under''; and
(3) in subsection (c)--
(A) by inserting ``paragraph (1) or (2) of'' in
paragraph (1) after ``transactions under''; and
(B) by adding at the end the following new
paragraph:
``(3) The President may enter into obligations to qualify domestic
facilities and domestically produced strategic and critical materials
when it would be cost effective relative to stockpiling material. Such
obligations may be entered into on a reimbursable basis and the
proceeds covered into the National Defense Stockpile Transaction Fund
under section 9.''.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2017 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2017
for procurement for the Army in amounts as follows:
(1) For aircraft procurement, $313,171,000.
(2) For missile procurement, $632,817,000.
(3) For weapons and tracked combat vehicles, $153,544,000.
(4) For ammunition procurement, $301,523,000.
(5) For other procurement, $1,373,010,000.
SEC. 1503. JOINT IMPROVISED-THREAT DEFEAT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the Joint Improvised-Threat Defeat Fund in the amount of
$408,272,000.
SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2017
for procurement for the Navy and Marine Corps in amounts as follows:
(1) For aircraft procurement, Navy, $393,030,000.
(2) For weapons procurement, Navy, $8,600,000.
(3) For ammunition procurement, Navy and Marine Corps,
$66,229,000.
(4) For other procurement, Navy, $124,206,000.
(5) For procurement, Marine Corps, $118,939,000.
SEC. 1505. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2017
for procurement for the Air Force in amounts as follows:
(1) For aircraft procurement, $859,399,000.
(2) For missile procurement, $339,545,000.
(3) For ammunition procurement, $487,408,000.
(4) For other procurement, $3,696,281,000.
SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the procurement account for Defense-wide activities in the amount
of $238,434,000.
SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $100,522,000.
(2) For the Navy, $78,323,000.
(3) For the Air Force, $32,905,000.
(4) For Defense-wide activities, $162,419,000.
SEC. 1508. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the use of the Armed Forces for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $15,310,587,000.
(2) For the Navy, $6,827,391,000.
(3) For the Marine Corps, $1,244,359,000.
(4) For the Air Force, $9,498,830,000.
(5) For Defense-wide activities, $5,982,173,000.
(6) For the Army Reserve, $38,679,000.
(7) For the Navy Reserve, $26,265,000.
(8) For the Marine Corps Reserve, $3,304,000.
(9) For the Air Force Reserve, $57,586,000.
(10) For the Army National Guard, $127,035,000.
(11) For the Air National Guard, $20,000,000.
(12) For the Counterterrorism Partnerships Fund,
$1,000,000,000.
(13) For the Afghanistan coopea Fund, $3,448,715,000.
(14) For the Iraq Train and Equip Fund, $630,000,000.
(15) For the Syria Train and Equip Fund, $250,000,000.
SEC. 1509. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2017
to the Department of Defense for military personnel accounts in the
total amount of $3,562,258,000.
SEC. 1510. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2017
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 $140,633,000.
SEC. 1511. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2017 for expenses, not otherwise provided
for, for the Defense Health Program in the amount of $331,764,000 for
operation and maintenance.
SEC. 1512. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2017 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide in
the amount of $215,333,000.
SEC. 1513. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2017 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense in the amount of $22,062,000.
TITLE XVI--SERVICEMEMBERS CIVIL RELIEF ACT
SEC. 1601. SHORT TITLE; STATUTORY REFERENCES.
(a) Short Title.--This title may be cited as the ``Servicemembers
Civil Relief Act Amendments of 2016''.
(b) Statutory References.--Any reference in this title to the
``SCRA'' shall be treated as a reference to the Servicemembers Civil
Relief Act (50 U.S.C. 3901 et seq.).
SEC. 1602. CLARIFICATION OF AFFIDAVIT REQUIREMENT.
Paragraph (1) of section 201(b) of the SCRA (50 U.S.C. 3931(b)) is
amended to read as follows:
``(1) Plaintiff to file affidavit.--
``(A) In any action or proceeding covered by this
section, the plaintiff, before seeking a default
judgment, shall file with the court an affidavit--
``(i) stating whether or not the defendant
is in military service and showing necessary
facts to support the affidavit; or
``(ii) if the plaintiff is unable to
determine whether or not the defendant is in
military service, stating that the plaintiff is
unable to determine whether or not the
defendant is in military service.
``(B) Before filing an affidavit under subparagraph
(A), the plaintiff shall conduct a diligent and
reasonable investigation to determine whether or not
the defendant is in military service, including a
search of available Department of Defense records and
any other information available to the plaintiff. The
affidavit shall set forth all steps taken to determine
the defendant's military status and shall have attached
the records on which the plaintiff relied in preparing
the affidavit. Attached records shall include at least
a copy of the certificate produced by the Department of
Defense Manpower Data Center.''.
SEC. 1603. EXTENSION OF PROTECTIONS FOR SERVICEMEMBERS AGAINST DEFAULT
JUDGMENTS.
(a) Appointment and Obligations of Attorney.--Paragraph (2) of
subsection (b) of section 201 of the SCRA (50 U.S.C. 3931) is amended
to read as follows:
``(2) Appointment of attorney to represent defendant in
military service.--
``(A) If in an action covered by this section it
appears that the defendant is in military service, the
court may not enter a judgment until after the court
appoints an attorney to represent the defendant. The
court may not appoint an attorney to represent a
defendant who is selected by or affiliated with the
plaintiff, an attorney representing the plaintiff, or
an employee of an entity affiliated with an attorney
representing the plaintiff.
``(B) The court-appointed attorney shall act only
in the best interests of the defendant. The court-
appointed attorney, when appropriate to represent the
best interests of the defendant, shall request a stay
of proceedings under this Act.
``(C) The court-appointed attorney shall use due
diligence to locate and contact the defendant. The
plaintiff must provide to the court-appointed attorney
all contact information it has for the defendant. A
court-appointed attorney unable to make contact with
the defendant shall report to the court on all of the
attorney's efforts to make contact.
``(D) Upon making contact with the defendant, the
court-appointed attorney shall advise the defendant of
the nature of the lawsuit and the defendant's rights
provided by the Act, including rights to obtain a stay
and to request the court to adjust an obligation.
Regardless of whether contact is made, the court-
appointed attorney shall assert such rights on behalf
of defendant, provided that there is an adequate basis
in law and fact, unless the defendant provides informed
consent to not assert such rights.
``(E) The court shall require the court-appointed
attorney to perform duties faithfully and, upon failure
to do so, shall discharge the attorney and appoint
another.
``(F) If an attorney appointed under this section
to represent a defendant in military service cannot
locate the defendant, actions by the attorney in the
case shall not waive any defense of the servicemember
or otherwise bind the servicemember.
``(G) Nothing in this paragraph shall be construed
to prohibit a court from assessing court-appointed
attorney fees and costs against the plaintiff.''.
(b) Searches of Department of Defense Manpower Data Center
Database.--Such subsection is further amended by adding at the end the
following new paragraphs:
``(5) Required search of department of defense database.--
If a plaintiff is in possession of information necessary to
obtain a status report with respect to a defendant generated by
the Department of Defense Manpower Data Center or a successor
to such Center, the plaintiff shall obtain and provide to the
court a copy of such status report.
``(6) Duties of court-appointed attorney.--An attorney
appointed to represent a defendant under paragraph (2) shall
provide to the court--
``(A) if the attorney is in possession of
information necessary to obtain a status report with
respect to the defendant from the Department of Defense
Manpower Data Center or a successor to such Center,
such status report;
``(B) a statement indicating the date such attorney
reviewed the court record and pleadings to ascertain
contact information for the defendant;
``(C) a statement indicating dates, times, and
method of communication to or with the defendant; and
``(D) a statement that--
``(i) such attorney was unable to contact
the defendant;
``(ii) the defendant was contacted and
requests a stay or requests a continuance to
obtain counsel; or
``(iii) the defendant was contacted and
requests for the case to proceed.
``(7) Effect of department of defense discontinuing
availability of information.--If the Department of Defense
discontinues the availability of active duty status information
through the Department of Defense Manpower Data Center or a
successor or other related entity, paragraphs (5) and (6)(A)
shall cease to apply until such time as the Department resumes
making such information available.''.
(c) Authority for Court To Vacate or Set Aside Judgment for
Inadequate Representation.--Paragraph (1) of subsection (g) of such
section is amended to read as follows:
``(1) Authority for court to vacate or set aside
judgment.--If a default judgment is entered in an action
covered by this section against a servicemember during the
servicemember's period of military service (or within 60 days
after termination of or release from such military service),
the court entering the judgment shall, upon application by or
on behalf of the servicemember, reopen the judgment for the
purpose of allowing the servicemember to defend the action if
it appears that--
``(A) the servicemember--
``(i) was materially affected by reason of
that military service in making a defense to
the action; and
``(ii) has a meritorious or legal defense
to the action or some part of it; or
``(B) an attorney appointed to represent the
servicemember failed to adequately represent the best
interests of the defendant.''.
SEC. 1604. RESIDENCY OF DEPENDENTS OF MILITARY PERSONNEL FOR VOTING
PURPOSES.
(a) Extension of Spouse Coverage to All Dependents.--Section 705 of
the SCRA (50 U.S.C. 4025) is amended--
(1) in subsection (b)--
(A) by striking ``Spouses'' in the subsection
heading and inserting ``Dependents''; and
(B) by striking ``spouse'' and inserting ``military
sponsor''; and
(2) by adding at the end the following new subsection:
``(c) Military Sponsor Defined.--For purposes of this section, the
term `military sponsor', with respect to any person, means a
servicemember with respect to whom the person is a dependent.''.
(b) Technical Amendments for Statutory Consistency.--Such section
is further amended by striking ``or naval'' in subsections (a) and (b).
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``SEC. 705. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL AND
DEPENDENTS OF MILITARY PERSONNEL FOR VOTING PURPOSES.''.
(2) Table of contents.--The item relating to that section
in the table of contents in section 1(b) of the SCRA is amended
to read as follows:
``705. Guarantee of residency for military personnel and dependents of
military personnel for voting purposes.''.
SEC. 1605. INCREASE IN CIVIL PENALTIES.
Subsection (b)(3) of section 801 of the SCRA (50 U.S.C. 4041) is
amended--
(1) in subparagraph (A), by striking ``$55,000'' and
inserting ``$110,000''; and
(2) in subparagraph (B), by striking ``$110,000'' and
inserting ``$220,000''.
SEC. 1606. ENFORCEMENT BY THE ATTORNEY GENERAL.
Section 801 of the SCRA (50 U.S.C. 4041) is further amended by
adding at the end the following new subsections:
``(d) Issuance and Service of Civil Investigative Demands.--
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 Act, 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--
``(1) the production of such documentary material for
inspection and copying;
``(2) that the custodian of such documentary material
answer in writing written questions with respect to such
documentary material; or
``(3) the production of any combination of such documentary
material or answers.
``(e) Relation to False Claims Act.--The statutory provisions
governing the authority to issue, use, and enforce civil investigative
demands under section 3733 of title 31, United States Code (popularly
known as the `False Claims Act'), shall govern the authority to issue,
use, and enforce civil investigative demands under this section, except
that for purposes of this section--
``(1) references in that section to false claims law
investigators or investigations shall be read as references to
investigators or investigations;
``(2) references in that section to interrogatories shall
be read as references to written questions, and answers to such
need not be under oath;
``(3) the statutory definitions relating to `false claims
law' shall not apply; and
``(4) provisions relating to qui tam relators shall not
apply.
``(f) Application.--This section applies to any violation of this
Act occurring on, before, or after October 13, 2010.''.
SEC. 1607. APPLICATION OF PRIVATE RIGHT OF ACTION.
Section 802 of the SCRA (50 U.S.C. 4042) is amended by adding at
the end the following new subsection:
``(c) Application.--This section applies to any violation of this
Act occurring on, before, or after October 13, 2010.''.
SEC. 1608. DEFINITION OF MILITARY ORDERS AND CONTINENTAL UNITED STATES.
(a) Definitions for Entire Act.--Section 101 of the SCRA (50 U.S.C.
3911) is amended by adding at the end the following new paragraphs:
``(10) Military orders.--The term `military orders', with
respect to a servicemember, means official military orders, or
any notification, certification, or verification from the
Secretary or the servicemember's commanding officer, with
respect to the servicemember's current or future military duty
status.
``(11) Conus.--The term `continental United States' means
the 48 contiguous States and the District of Columbia.''.
(b) Conforming Amendment.--Section 305 of the SCRA (50 U.S.C. 3955)
is amended by striking subsection (i).
SEC. 1609. ORAL NOTICE SUFFICIENT TO INVOKE INTEREST RATE CAP.
Section 207(b) of the SCRA (50 U.S.C. 3937(b)) is amended to read
as follows:
``(b) Implementation of Limitation.--
``(1) Notice to creditor.--In order for an obligation or
liability of a servicemember to be subject to the interest rate
limitation in subsection (a), the servicemember shall provide
to the creditor notice of military service and any further
extension of military service. Any such notice may be oral or
written. Any such notice shall be provided not later than 180
days after the date of the servicemember's termination or
release from military service. The creditor shall retain a
record of the servicemember's notification.
``(2) Creditor action upon receipt of notice.--Upon receipt
of notice of military service under paragraph (1), the creditor
shall treat the debt in accordance with subsection (a), except
that the creditor may, before treating the debt in accordance
with subsection (a), first conduct a search of Department of
Defense records available through the Department of Defense
Manpower Data Center in order to confirm such military service.
If the creditor is unable to confirm military service by such
search, the creditor shall notify the servicemember and may
require the servicemember to provide a copy of the
servicemember's military orders before treating the debt in
accordance with subsection (a). If military service is
confirmed by such search or otherwise, the creditor shall treat
the debt in accordance with subsection (a).
``(3) Limitation effective as of date of order to active
duty.--When a creditor treats a debt of a servicemember in
accordance with subsection (a), the treating of the debt in
accordance with subsection (a) shall be effective as of the
date on which the servicemember is called to military
service.''.
SEC. 1610. NON-DISCRIMINATION PROVISION.
(a) Prohibition on Discrimination Against Servicemembers.--Section
108 of the SCRA (50 U.S.C. 3919) is amended--
(1) by striking ``Application by a servicemember for, or
receipt by a servicemember of, a stay, postponement, or
suspension'' and inserting ``(a) Application or Receipt.--
Application by a servicemember for rights or protections''; and
(2) by adding at the end the following new subsection:
``(b) Eligibility.--
``(1) In general.--In addition to the rights and
protections under subsection (a), an individual who is
eligible, or may become eligible by virtue of current
membership in the reserves or a commitment to perform future
military service, for rights or protections under any provision
of this Act may not be denied services, including access to
housing, or refused credit or be subject to any other action
described under paragraphs (1) through (6) of subsection (a) by
reason of such eligibility.
``(2) Construction.--Nothing in this subsection shall be
construed to prohibit a lender or service provider from
considering all relevant factors, other than the potential
eligibility of an individual for rights or protections under a
provision of this Act, in making a determination as to whether
it is appropriate to provide services or extend credit.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``SEC. 108. PROHIBITION ON DISCRIMINATION AGAINST SERVICEMEMBERS.''.
(2) Table of contents.--The item relating to that section
in the table of contents in section 1(b) of the SCRA is amended
to read as follows:
``108. Prohibition on discrimination against servicemembers.''.
SEC. 1611. EXTENSION OF PROTECTION AGAINST REPOSSESSION FOR INSTALLMENT
SALES CONTRACTS.
Subsection (a)(1) of section 302 of the SCRA (50 U.S.C. 3952) is
amended by striking ``during that person's military service'' and
inserting ``during and for one year after that person's military
service''.
SEC. 1612. HARMONIZATION OF SECTIONS.
Section 303 of the SCRA (50 U.S.C. 3953) is amended--
(1) in subsection (b), by striking ``filed'' and inserting
``pending''; and
(2) in subsection (c)(1), by striking ``with a return made
and approved by the court''.
SEC. 1613. EXPANSION OF PROTECTION FOR TERMINATION OF RESIDENTIAL AND
MOTOR VEHICLE LEASES.
(a) Termination of Leases.--Subsection (a) of section 305 of the
SCRA (50 U.S.C. 3955) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) in the case of a lease described in
subsection (b)(1) and subparagraph (C) of such
subsection, the date the lessee is assigned to or
otherwise relocates to quarters or a housing facility
as described in such subparagraph.''; and
(2) in paragraph (2), by striking ``a dependent of the
lessee'' and inserting ``a co-lessee''.
(b) Covered Leases.--Subsection (b)(1) of such section is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B)--
(A) by inserting ``(including separation or
retirement orders)'' after ``permanent change of
station''; and
(B) by striking the period at the end and inserting
``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) the lease is executed by or on behalf of a
person who thereafter and during the term of the lease
is assigned to or otherwise relocates to quarters of
the United States or a housing facility under the
jurisdiction of a uniformed service (as defined in
section 101 of title 37, United States Code), including
housing provided under the Military Housing
Privatization Initiative.''.
(c) Manner of Termination.--Subsection (c)(1) of such section is
amended--
(1) in subparagraph (A)--
(A) by inserting ``in the case of a lease described
in subsection (b)(1) and subparagraph (A) or (B) of
such subsection,'' before ``by delivery''; and
(B) by striking ``and'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) in the case of a lease described in
subsection (b)(1) and subparagraph (C) of such
subsection, by delivery by the lessee of written notice
of such termination, and a letter from the
servicemember's commanding officer indicating that the
servicemember has been assigned to or is otherwise
relocating to quarters of the United States or a
housing facility under the jurisdiction of a uniformed
service (as defined in section 101 of title 37, United
States Code), to the lessor (or the lessor's grantee),
or to the lessor's agent (or the agent's grantee);
and''.
(d) Waiver Impermissible.--Such section is further amended by
adding at the end the following new subsection:
``(i) Waiver Not Permitted.--The provisions of this section may not
be waived or modified by the agreement of the parties.''.
SEC. 1614. MILITARY FAMILY PROFESSIONAL LICENSE PORTABILITY.
(a) Portability.--The SCRA (50 U.S.C. 3901 et seq.) is amended by
inserting after section 705 (50 U.S.C. 4025) the following new section:
``SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES AND CERTIFICATIONS
FOR SERVICEMEMBERS AND THEIR SPOUSES.
``Any professional license or commercial license provided to a
servicemember or the spouse of a servicemember shall be fully
recognized and honored in any jurisdiction of the United States in
which that servicemember or spouse resides due to the military orders
of the servicemember for the duration of the orders, if the
servicemember or the spouse--
``(1) provides a copy of the military orders calling the
servicemember to duty in that jurisdiction to the licensing
entity in that jurisdiction;
``(2) remains in good standing with the licensing entity of
the original jurisdiction; and
``(3) agrees to be subject to the authority of the
licensing entity in the new jurisdiction for the purposes of
standards of practice, discipline, and fulfillment of any
continuing education requirements.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the SCRA is amended by inserting after the item relating to section 705
the following new item:
``705A. Portability of professional licenses and certifications for
servicemembers and their spouses.''.
SEC. 1615. ENHANCED PROTECTION OF SERVICEMEMBERS UNDER SERVICEMEMBERS
CIVIL RELIEF ACT RELATING TO CERTAIN CONTRACT PROVISIONS.
(a) Certain Contract Provisions Relating to Arbitration, Choice of
Forum, and Choice of Law Effective Only With Written Agreement After
Dispute Arises.--
(1) In general.--Title I of the SCRA (50 U.S.C. 3911 et
seq.) is amended by adding at the end the following new
section:
``SEC. 110. CERTAIN CONTRACT PROVISIONS RELATING TO ARBITRATION, CHOICE
OF FORUM, AND CHOICE OF LAW EFFECTIVE ONLY UPON CONSENT
AFTER DISPUTE ARISES.
``(a) Written Consent Required for Arbitration.--In the case of a
contract with a servicemember, or a servicemember and the
servicemember's spouse jointly, that provides for the use of
arbitration to resolve a dispute subject to a provision of this Act and
arising out of or relating to such contract, arbitration may be used to
settle the dispute only if, after the dispute arises, all parties to
the dispute agree in writing to the use of arbitration to settle the
dispute.
``(b) Written Consent Required for Forum Selection Clause.--In the
case of a contract with a servicemember, or a servicemember and the
servicemember's spouse jointly, that provides that only a certain forum
will be used to resolve disputes or that grants either party an option
to select a forum to resolve a dispute subject to a provision of this
Act and arising out of or relating to such contract, the contractual
forum selection clause may only be enforced if, after the dispute
arises, all parties to the dispute agree in writing to the selected
forum to settle the dispute.
``(c) Written Consent Required for Choice of Law Clause.--In the
case of a contract with a servicemember, or a servicemember and the
servicemember's spouse jointly, that provides that only a certain
jurisdiction's laws will be used to resolve disputes or that grants
either party an option to select a certain jurisdiction's laws to
resolve a dispute subject to a provision of this Act and arising out of
or relating to such contract, the contractual choice of laws clause may
only be enforced if, after such dispute arises, all parties to such
dispute consent in writing to the selected choice of laws to settle
such dispute.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the SCRA is amended by inserting after the item
relating to section 109 the following new item:
``110. Certain contract provisions relating to arbitration, choice of
forum, and choice of law effective only
upon consent after dispute arises.''.
(b) Limitation on Waiver of Rights Pursuant to Written
Agreements.--Section 107(a) of the SCRA (50 U.S.C. 3918(a)) is
amended--
(1) by inserting before the period at the end of the second
sentence the following: ``and, if a dispute regarding the
instrument or obligation arises, such waiver may be enforced
only if it is made after the specific dispute has arisen and
the dispute is identified in the waiver.''; and
(2) by inserting before the period at the end of the third
sentence the following: ``and, if a dispute regarding the
action arises, such waiver may be enforced only if it is made
after the specific dispute has arisen and the dispute is
identified in the waiver''.
(c) Inapplicability of SCRA Provisions Relating to Changes to
Duration and Term of Stays and to Codefendants Not in Service.--Section
205(c) of the SCRA (50 U.S.C. 3935(c)) is amended by striking ``202''
and inserting ``110, 202,''.
SEC. 1616. DETERMINATION OF RESIDENCE OR DOMICILE FOR TAX PURPOSES OF
SPOUSES OF MILITARY PERSONNEL.
Section 511(a)(2) of the SCRA (50 U.S.C. 4001(a)(2)) is amended by
striking ``if the residence or domicile, as the case may be, is the
same for the servicemember and the spouse''.
TITLE XVII--UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Uniformed and Overseas Citizens
Absentee Voting Act Amendments of 2016''.
SEC. 1702. PRE-ELECTION REPORTING REQUIREMENTS ON AVAILABILITY AND
TRANSMISSION OF ABSENTEE BALLOTS.
(a) In General.--Subsection (c) of section 102 of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20302) is amended--
(1) by designating the text of that subsection as paragraph
(3) and indenting that paragraph, as so designated, two ems
from the left margin; and
(2) by inserting before paragraph (3), as so designated,
the following new paragraphs:
``(1) Pre-election report on absentee ballot
availability.--Not later than 55 days before any election for
Federal office held in a State, such State shall submit a
report to the Attorney General and the Presidential designee,
and make that report publicly available that same day,
certifying that absentee ballots are available for transmission
to absentee voters, or that it is aware of no circumstances
that will prevent absentee ballots from being available for
transmission by 46 days before the election. The report shall
be in a form prescribed by the Attorney General and shall
require the State to certify specific information about ballot
availability from each unit of local government which will
administer the election.
``(2) Pre-election report on absentee ballots
transmitted.--Not later than 43 days before any election for
Federal office held in a State, such State shall submit a
report to the Attorney General and the Presidential designee,
and make that report publicly available that same day,
certifying whether all absentee ballots validly requested by
absent uniformed services voters and overseas voters whose
requests were received by the 46th day before the election have
been transmitted to such voters by such date. The report shall
be in a form prescribed by the Attorney General and shall
require the State to certify specific information about ballot
transmission, including the total numbers of ballot requests
received and ballots transmitted, from each unit of local
government which will administer the election.''.
(b) Conforming Amendments.--
(1) Subsection heading.--The heading for such subsection is
amended to read as follows: ``Reports on Absentee Ballots.--''.
(2) Paragraph heading.--Paragraph (3) of such subsection,
as designated by subsection (a)(1), is amended by inserting
``Post-election report on number of absentee ballots
transmitted and received.--'' before ``Not later than 90
days''.
SEC. 1703. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION.
(a) In General.--Subsection (a)(8) of section 102 of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302) is amended
by striking
``voter--'' and all that follows in that subsection and inserting
``voter by the date and in the manner determined under subsection
(g);''.
(b) Ballot Transmission Requirements and Repeal of Waiver
Provision.--Subsection (g) of such section is amended to read as
follows:
``(g) Ballot Transmission Requirements.--
``(1) Requests received at least 46 days before an election
for federal office.--For purposes of subsection (a)(8), in a
case in which a valid request for an absentee ballot is
received at least 46 days before an election for Federal
office, the following rules shall apply:
``(A) Time for transmittal of absentee ballot.--The
State shall transmit the absentee ballot not later than
46 days before the election.
``(B) Special rules in case of failure to transmit
on time.--
``(i) General rule.--If the State fails to
transmit any absentee ballot by the 46th day
before the election as required by subparagraph
(A) and the absent uniformed services voter or
overseas voter did not request electronic
ballot transmission pursuant to subsection (f),
the State shall transmit such ballot by express
delivery.
``(ii) Extended failure.--If the State
fails to transmit any absentee ballot by the
41st day before the election, in addition to
transmitting the ballot as provided in clause
(i), the State shall--
``(I) in the case of absentee
ballots requested by absent uniformed
services voters with respect to
regularly scheduled general elections,
notify such voters of the procedures
established under section 103A for the
collection and delivery of marked
absentee ballots; and
``(II) in any other case, provide,
at the State's expense, for the return
of such ballot by express delivery.
``(iii) Enforcement.--A State's compliance
with this subparagraph does not bar the
Attorney General from seeking additional
remedies necessary to effectuate the purposes
of this Act.
``(2) Requests received after 46th day before an election
for federal office.--For purposes of subsection (a)(8), in a
case in which a valid request for an absentee ballot is
received less than 46 days before an election for Federal
office, the State shall transmit the absentee ballot within one
business day of receipt of the request.''.
SEC. 1704. CLARIFICATION OF STATE RESPONSIBILITY, CIVIL PENALTIES, AND
PRIVATE RIGHT OF ACTION.
(a) Enforcement.--Section 105 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20307) is amended to read as
follows:
``SEC. 105. ENFORCEMENT.
``(a) In General.--The Attorney General may bring a civil action in
an appropriate district court for such declaratory or injunctive relief
as may be necessary to carry out this title. In any such action, the
only necessary party defendant is the State. It shall not be a defense
to such action that local election officials are not also named as
defendants.
``(b) Civil Penalty.--In a civil action brought under subsection
(a), if the court finds that the State violated any provision of this
title, it may, to vindicate the public interest, assess a civil penalty
against the State--
``(1) in an amount not exceeding $110,000, for a first
violation; and
``(2) in an amount not exceeding $220,000, for any
subsequent violation.
``(c) Annual Report to Congress.--Not later than December 31 of
each year, the Attorney General shall submit to Congress a report on
any civil action brought under subsection (a) during that year.
``(d) Private Right of Action.--A person who is aggrieved by a
State's violation of this Act may bring a civil action in an
appropriate district court for such declaratory or injunctive relief as
may be necessary to carry out this Act.
``(e) Attorney's Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney's fees, including litigation expenses, and
costs.''.
(b) Repeal of Clarification Regarding Delegation of State
Responsibility.--Section 576 of the Military and Overseas Voter
Empowerment Act (52 U.S.C. 20302 note) is repealed.
SEC. 1705. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE ACT
AMENDMENTS RELATED TO THE FEDERAL WRITE-IN ABSENTEE
BALLOT.
(a) State Responsibilities.--Section 102(a)(3) of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)(3)) is
amended by striking ``general''.
(b) Write-In Absentee Ballots.--Section 103 of such Act (52 U.S.C.
20303) is amended--
(1) by striking ``general'' in the title of the section;
and
(2) by striking ``general'' in subsection (b)(2)(B).
SEC. 1706. TREATMENT OF BALLOT REQUESTS.
(a) In General.--Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20306) is amended--
(1) by striking ``A State may not'' and inserting ``(a)
Prohibition of Refusal of Applications on Grounds of Early
Submission.--A State may not'';
(2) by inserting ``or overseas voter'' after ``an absent
uniformed services voter'';
(3) by striking ``members of the'' before ``uniformed
services'';
(4) by inserting ``voters or overseas voters'' before the
period; and
(5) by adding at the end the following new subsection:
``(b) Application Treated as Valid for Subsequent Elections.--
``(1) In general.--If a State accepts and processes a
request for an absentee ballot by an absent uniformed services
voter or overseas voter and the voter requests that the
application be considered an application for an absentee ballot
for each subsequent election for Federal office held in the
State through the next regularly scheduled general election for
Federal office (including any runoff elections which may occur
as a result of the outcome of such general election), and any
special elections for Federal office held in the State through
the calendar year following such general election, the State
shall provide an absentee ballot to the voter for each such
subsequent election.
``(2) Exception for voters changing registration.--
Paragraph (1) shall not apply with respect to a voter
registered to vote in a State for any election held after the
voter notifies the State that the voter no longer wishes to be
registered to vote in the State or after the State determines
that the voter has registered to vote in another State.''.
(b) Conforming Amendment.--The heading of such section is amended
to read as follows:
``SEC. 104. TREATMENT OF BALLOT REQUESTS.''.
SEC. 1707. INCLUSION OF NORTHERN MARIANA ISLANDS IN THE DEFINITION OF
``STATE'' FOR PURPOSES OF THE UNIFORMED AND OVERSEAS
CITIZENS ABSENTEE VOTING ACT.
Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20310) are each amended by
striking ``and American Samoa'' and inserting ``American Samoa, and the
Commonwealth of the Northern Mariana Islands''.
SEC. 1708. REQUIREMENT FOR PRESIDENTIAL DESIGNEE TO REVISE THE FEDERAL
POST CARD APPLICATION TO ALLOW VOTERS TO DESIGNATE BALLOT
REQUESTS.
(a) Requirement.--The Presidential designee shall ensure that the
official post card form (prescribed under section 101(b)(2) of the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301(b)(2))) enables a voter using the form to--
(1) request an absentee ballot for each election for
Federal office held in a State through the next regularly
scheduled general election for Federal office (including any
runoff elections which may occur as a result of the outcome of
such general election) and any special elections for Federal
office held in the State through the calendar year following
such general election; or
(2) request an absentee ballot for a specific election or
elections for Federal office held in a State during the period
described in paragraph (1).
(b) Definition.--In this section, the term ``Presidential
designee'' means the individual designated under section 101(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301(a)).
SEC. 1709. REQUIREMENT OF PLURALITY VOTE FOR VIRGIN ISLANDS AND GUAM
FEDERAL ELECTIONS.
Section 2(a) of the Act entitled ``An Act to provide that the
unincorporated territories of Guam and the Virgin Islands shall each be
represented in Congress by a Delegate to the House of Representatives''
approved April 10, 1972 (48 U.S.C. 1712(a)), is amended--
(1) by striking ``majority'' in the second and third
sentences and inserting ``plurality''; and
(2) by striking the fourth sentence.
SEC. 1710. EXTENSION OF REPORTING DEADLINE FOR THE ANNUAL REPORT ON THE
ASSESSMENT OF THE EFFECTIVENESS OF ACTIVITIES OF THE
FEDERAL VOTING ASSISTANCE PROGRAM.
(a) Elimination of Reports for Non-Election Years.--Section 105A(b)
of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20308(b)) is amended--
(1) by striking ``March 31 of each year'' and inserting
``September 30 of each odd-numbered year''; and
(2) by striking ``the following information'' and inserting
``the following information with respect to the Federal
elections held during the preceding calendar year''.
(b) Conforming Amendments.--Such section is further amended--
(1) by striking ``Annual Report'' in the subsection heading
and inserting ``Biennial Report''; and
(2) by striking ``In the case of'' in paragraph (3) and all
that follows through ``a description'' and inserting ``A
description''.
SEC. 1711. TREATMENT OF POST CARD FORM REGISTRATIONS.
Section 102 of the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20302) is amended by adding at the end the following new
subsection:
``(j) Treatment of Post Card Registrations.--A State shall not
remove any absent uniformed services voter or overseas voter who has
registered to vote using the official post card form (prescribed under
section 101) from the official list of registered voters, except in
accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the
National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(3)).''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2017''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2019; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2020.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2019; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2020 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII shall take effect on the later of--
(1) October 1, 2016; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as
specified in the funding table in section 3002, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Fort Wainwright................................ $47,000,000
California..................................... Concord........................................ $12,600,000
Colorado....................................... Fort Carson.................................... $13,100,000
Georgia........................................ Fort Gordon.................................... $90,000,000
Fort Stewart................................... $14,800,000
Texas.......................................... Fort Hood...................................... $7,600,000
Utah........................................... Camp Williams.................................. $7,400,000.
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 3002, the Secretary of the
Army may acquire real property and carry out the military construction
project for the installations or locations outside the United States,
and in the amount, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Cuba.......................................... Guantanamo Bay................................. $33,000,000
Germany....................................... East Camp Grafenwoehr.......................... $22,000,000
Garmisch....................................... $9,600,000
Wiesbaden Army Airfield........................ $19,200,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 3002, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Korea................................ Camp Humphreys................. Family Housing New $143,563,000
Construction.
Camp Walker.................... Family Housing New $54,554,000.
Construction.
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding table
in section 3002, the Secretary of the Army 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 $2,618,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2016,
for military construction, land acquisition, and military family
housing functions of the Department of the Army as specified in the
funding table in section 3002.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 3002.
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2014 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2014 (division B of Public Law 113-66; 127 Stat. 986) for Joint Base
Lewis-McChord, Washington, for construction of an aircraft maintenance
hangar at the installation, the Secretary of the Army may construct an
aircraft washing apron.
SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2013
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorizations set forth in
the table in subsection (b), as provided in section 2101 of that Act
(126 Stat. 2119) and extended by section 2107 of the Military
Construction Authorization Act for Fiscal Year 2016 (division B of
Public Law 114-92; 129 Stat. XXXX), shall remain in effect until
October 1, 2017, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2018, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2013 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Kansas.................................. Fort Riley................ Unmanned Aerial Vehicle $12,200,000
Complex.
Virginia................................ Fort Belvoir.............. Secure Admin/Operations $172,000,000
Facility.
Italy................................... Camp Ederle............... Barracks.................. $36,000,000
Japan................................... Sagami.................... Vehicle Maintenance Shop.. $18,000,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (127
Stat. 986) shall remain in effect until October 1, 2017, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland................................ Fort Detrick.............. Entry Control Point....... $2,500,000
Kwajalein Atoll......................... Kwajalein................. Pier...................... $63,000,000
Japan................................... Kyotango City............. Company Operations Complex $33,000,000.
----------------------------------------------------------------------------------------------------------------
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects inside the United States as
specified in the funding table in section 3002, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Yuma........................................... $48,355,000
California.................................... Coronado....................................... $104,501,000
Lemoore........................................ $26,723,000
San Diego...................................... $6,183,000
Seal Beach..................................... $21,007,000
Florida....................................... Eglin Air Force Base........................... $20,489,000
Hawaii........................................ Barking Sands.................................. $43,384,000
Kaneohe Bay.................................... $72,565,000
Maine......................................... Kittery........................................ $47,892,000
Maryland...................................... Patuxent River................................. $40,576,000
Nevada........................................ Fallon......................................... $13,523,000
North Carolina................................ Cherry Point Marine Corps Air Station.......... $12,515,000
Camp Lejeune................................... $18,482,000
South Carolina................................ Beaufort....................................... $83,490,000
Parris Island.................................. $29,882,000
Washington.................................... Bangor......................................... $18,939,000
Bremerton...................................... $6,704,000
Kitsap......................................... $21,476,000
Whidbey Island................................. $75,976,000.
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects outside the United States as
specified in the funding table in section 3002, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installation or location outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam.......................................... Joint Region Marianas.......................... $89,185,000
Japan......................................... Kadena Air Base................................ $26,489,000
Sasebo......................................... $16,420,000
Spain......................................... Rota........................................... $23,607,000
Worldwide Unspecified......................... Unspecified Worldwide Locations................ $41,380,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2204(a) and
available for military family housing functions as specified in the
funding table in section 3002, the Secretary of the Navy 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:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Mariana Islands......................... Guam...................... Replace Andersen Housing $78,815,000.
PH 1.
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a) and available
for military family housing functions as specified in the funding table
in section 3002, 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 $4,149,000.
SEC. 2203. 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(a) and available for military family housing functions as
specified in the funding table in section 3002, the Secretary of the
Navy may improve existing military family housing units in an amount
not to exceed $11,047,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2016,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy, as specified in the
funding table in section 3002.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 3002.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2014 PROJECT.
In the case of the authorization contained in the table in section
2201 of the Military Construction Authorization Act for Fiscal Year
2014 (division B of Public Law 113-66; 127 Stat. 989) for Pearl City,
Hawaii, for construction of a water transmission line at that location,
the Secretary of the Navy may construct a 591-meter (1,940-foot) long
16-inch diameter water transmission line as part of the network
required to provide the main water supply to Joint Base Pearl Harbor-
Hickam, Hawaii.
SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2013
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorizations set forth in
the table in subsection (b), as provided in section 2201 of that Act
(126 Stat. 2122) and extended by section 2206 of the Military
Construction Authorization Act for Fiscal Year 2016 (division B of
Public Law 114-92; 129 Stat. XXXX), shall remain in effect until
October 1, 2017, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2018, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2013 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Camp Pendleton............ Comm. Information Systems $78,897,000
Ops Complex.
Greece.................................. Souda Bay................. Intermodal Access Road.... $4,630,000
South Carolina.......................... Beaufort.................. Recycling/Hazardous Waste $3,743,000
Facility.
Worldwide Unspecified................... Various Worldwide BAMS Operational $34,048,000.
Locations. Facilities.
----------------------------------------------------------------------------------------------------------------
SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth in the
table in subsection (b), as provided in section 2201 of that Act (127
Stat. 989), shall remain in effect until October 1, 2017, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii.................................. Kaneohe Bay............... Aircraft Maintenance $31,820,000
Hangar Upgrades.
Pearl City................ Water Transmission Line... $30,100,000
Illinois................................ Great Lakes............... Unaccompanied Housing..... $35,851,000
Maine................................... Bangor.................... NCTAMS VLF Commercial $13,800,000
Power Connection.
Nevada.................................. Fallon.................... Wastewater Treatment Plant $11,334,000
Virginia................................ Quantico.................. Academic Instruction $25,731,000
Facility TECOM Schools.
Quantico.................. Fuller Road Improvements.. $9,013,000.
----------------------------------------------------------------------------------------------------------------
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects inside the United States as
specified in the funding table in section 3002, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska........................................ Clear Air Force Station........................ $20,000,000
Eielson Air Force Base......................... $295,600,000
Joint Base Elmendorf-Richardson................ $29,000,000
Arizona....................................... Luke Air Force Base............................ $20,000,000
California.................................... Edwards Air Force Base......................... $24,000,000
Colorado...................................... Buckley Air Force Base......................... $13,500,000
Delaware...................................... Dover Air Force Base........................... $39,000,000
Florida....................................... Eglin Air Force Base........................... $88,600,000
Patrick Air Force Base......................... $13,500,000
Georgia....................................... Moody Air Force Base........................... $30,900,000
Kansas........................................ McConnell Air Force Base....................... $19,800,000
Louisiana..................................... Barksdale Air Force Base....................... $21,000,000
Maryland...................................... Joint Base Andrews............................. $16,500,000
Massachusetts................................. Hanscom Air Force Base......................... $20,000,000
Montana....................................... Malmstrom Air Force Base....................... $14,600,000
Nevada........................................ Nellis Air Force Base.......................... $10,600,000
New Mexico.................................... Cannon Air Force Base.......................... $21,000,000
Holloman Air Force Base........................ $10,600,000
Kirtland Air Force Base........................ $7,300,000
Ohio.......................................... Wright-Patterson Air Force Base................ $12,600,000
Oklahoma...................................... Altus Air Force Base........................... $11,600,000
Tinker Air Force Base.......................... $17,000,000
Texas......................................... Joint Base San Antonio......................... $67,300,000
Utah.......................................... Hill Air Force Base............................ $44,500,000
Virginia...................................... Joint Base Langley-Eustis...................... $59,200,000
Washington.................................... Fairchild Air Force Base....................... $27,000,000
Wyoming....................................... F. E. Warren Air Force Base.................... $5,550,000.
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects outside the United States as
specified in the funding table in section 3002, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installation or location outside the United States,
and in the amount, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia..................................... Darwin......................................... $30,400,000
Germany....................................... Ramstein Air Base.............................. $43,465,000
Spangdahlem Air Base........................... $13,437,000
Guam.......................................... Joint Region Marianas.......................... $80,658,000
Japan......................................... Kadena Air Base................................ $19,815,000
Yokota Air Base................................ $32,020,000
Mariana Islands............................... Unspecified Location........................... $9,000,000
Turkey........................................ Incirlik Air Base.............................. $13,449,000
United Arab Emirates.......................... Al Dhafra...................................... $35,400,000
United Kingdom................................ Croughton RAF.................................. $69,582,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military family
housing functions as specified in the funding table in section 3002,
the Secretary of the Air Force 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 $4,368,000.
SEC. 2303. 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 2304(a) and available for military family housing functions as
specified in the funding table in section 3002, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $56,984,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2016,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force, as specified in
the funding table in section 3002.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 3002.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2016 PROJECT.
In the case of the authorization contained in the table in section
2301(a) of the Military Construction Authorization Act for Fiscal Year
2016 (division B of Public Law 114-92; 129 Stat. XXXX) for Malmstrom
Air Force Base, Montana, for construction of a Tactical Response Force
Alert Facility at the installation, the Secretary of the Air Force may
construct an emergency power generator system consistent with the Air
Force's construction guidelines.
SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2013
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorization set forth in the
table in subsection (b), as provided in section 2301 of that Act (126
Stat. 2126) and extended by section 2309 of the Military Construction
Authorization Act for Fiscal Year 2016 (division B of Public Law 114-
92; 129 Stat. XXXX), shall remain in effect until October 1, 2017, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2013 Project Authorization
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Portugal................................. Lajes Field................ Sanitary Sewer Lift/Pump $2,000,000.
Station.
----------------------------------------------------------------------------------------------------------------
SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorization set forth in the
table in subsection (b), as provided in section 2301 of that Act (127
Stat. 992), shall remain in effect until October 1, 2017, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Mariana Islands...................... Saipan.................. PAR--Airport Pol/Bulk $18,500,000
Storage AST.
Saipan.................. PAR--Hazardous Cargo Pad $8,000,000
Saipan.................. PAR--Maintenance $2,800,000
Facility.
Worldwide Unspecified (Italy)........ Aviano Air Base......... Guardian Angel $22,047,000.
Operations Facility.
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as
specified in the funding table in section 3002, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska........................................ Clear Air Force Station....................... $155,000,000
Fort Greely................................... $9,560,000
Joint Base Elmendorf-Richardson............... $4,900,000
Arizona....................................... Fort Huachuca................................. $4,493,000
California.................................... Coronado...................................... $175,412,000
Travis Air Force Base......................... $26,500,000
Delaware...................................... Dover Air Force Base.......................... $44,115,000
Florida....................................... Patrick Air Force Base........................ $10,100,000
Georgia....................................... Fort Benning.................................. $4,820,000
Fort Gordon................................... $25,000,000
Maine......................................... Portsmouth.................................... $27,100,000
Maryland...................................... Bethesda Naval Hospital....................... $510,000,000
Fort Meade.................................... $38,000,000
Missouri...................................... St. Louis..................................... $801,000
North Carolina................................ Camp Lejeune.................................. $31,000,000
Fort Bragg.................................... $86,593,000
South Carolina................................ Joint Base Charleston......................... $17,000,000
Texas......................................... Red River Army Depot.......................... $44,700,000
Sheppard Air Force Base....................... $91,910,000
Virginia...................................... Pentagon...................................... $20,216,000.
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 3002, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Diego Garcia.................................. Diego Garcia.................................. $30,000,000
Germany....................................... Kaiserslautern................................ $45,221,000
Japan......................................... Iwakuni....................................... $6,664,000
$161,224,000
$113,731,000
Kwajalein..................................... Kwajalein Atoll............................... $85,500,000
United Kingdom................................ Royal Air Force Croughton..................... $71,424,000
Royal Air Force Lakenheath.................... $13,500,000
Wake Island................................... Wake Island................................... $11,670,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a) and available for energy conservation
projects as specified in the funding table in section 3002, the
Secretary of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, in the amount set forth in
the table.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2016,
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 3002.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 3002.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2014 PROJECT.
In the case of the authorization in the table in in section 2401(b)
of the Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66; 127 Stat. 996), for Royal Air Force
Lakenheath, United Kingdom, for construction of a high school, the
Secretary of Defense may construct a combined middle/high school.
SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2013
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorizations set forth in
the table in subsection (b), as provided in section 2401 of that Act
(126 Stat. 2127), as amended by section 2406(a) of the Military
Construction Authorization Act for Fiscal Year 2016 (division B of
Public Law 114-92; 129 Stat. XXXX), shall remain in effect until
October 1, 2017, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2018, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2013 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan.................................. Camp Zama................. Renovate Zama High School. $13,273,000
Pennsylvania........................... New Cumberland............ Replace Reservoir......... $4,300,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth in the
table in subsection (b), as provided in section 2401 of that Act (127
Stat. 995), shall remain in effect until October 1, 2017 or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California........................... Brawley................. SOF Desert Warfare $23,095,000
Training Center.
Germany.............................. Kaiserslautern.......... Replace Kaiserslautern $49,907,000
Elementary School.
Ramstein Air Base....... Replace Ramstein High $98,762,000
School.
Hawaii............................... Joint Base Pearl Harbor- DISA Pacific Facility $2,615,000
Hickam. Upgrade.
Massachusetts........................ Hanscom Air Force Base.. Replace Hanscom Primary $36,213,000
School.
RAF Lakenheath.......... Replace Lakenheath High $69,638,000
School.
Virginia............................. MCB Quantico............ Replace Quantico Middle/ $40,586,000
High School.
Pentagon................ PFPA Support Operations $14,800,000
Center.
Pentagon................ Raven Rock $32,000,000
Administrative Facility
Upgrade.
Pentagon................ Boundary Channel Access $6,700,000.
Control Point.
----------------------------------------------------------------------------------------------------------------
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 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.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2016, 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 as specified in the funding table in section 3002.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations, and in the
amounts, set forth in the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Country Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Korea........................... Army............... CP Tango......... Repair Collective $11,600,000
Protection
System (CPS)....
Korea........................... Army............... USAG Humphreys... Duplex Company $10,200,000
Operations,
Zoeckler Station
Korea........................... Army............... USAG Humphreys... Doppler Very High $4,100,000
Frequency
Omnidirectional
Radio Range
(VOR)
Infrastructure..
Korea........................... Army............... USAG Humphreys... Vehicle $49,500,000
Maintenance
Facility &
Company Ops
Complex (3rd
CAB)............
Korea........................... Army............... USAG Humphreys... 8th Army $14,600,000
Correctional
Facility........
Korea........................... Navy............... Chinhae.......... Upgrade $4,600,000
Electrical
System, Pier 11.
Korea........................... Navy............... Chinhae.......... Indoor Training $2,800,000
Pool............
Korea........................... Navy............... Camp Mujuk......... Marine Air Ground $68,000,000
Task Force
Operations
Center..........
Korea........................... Navy............... Camp Mujuk......... Camp Mujuk Life $14,100,000
Support Area
(LSA) Barracks
#2..............
Korea........................... Navy............... Camp Mujuk......... Camp Mujuk Life $14,100,000
Support Area
(LSA) Barracks
#3..............
Korea........................... Air Force.......... Kunsan Air Base.. 3rd Generation $132,500,000
Hardened
Aircraft
Shelters (HAS);
Phases 4, 5, 6..
Korea........................... Air Force.......... Kunsan Air Base.. Upgrade $13,000,000
Electrical
Distribution
System..........
Korea........................... Air Force.......... Osan Air Base.... Construct Korea $160,000,000
Air Operations
Center..........
Korea........................... Air Force.......... Osan Air Base.... Air Freight $40,000,000
Terminal
Facility........
Korea........................... Air Force.......... Osan Air Base.... Construct F-16 $7,500,000
Quick Turn Pad..
Korea........................... Defense-Wide....... Camp Carroll..... Sustainment $74,600,000
Facilities
Upgrade Phase I -
DLA Warehouse..
Korea........................... Defense-Wide....... USAG Humphreys... Elementary School $42,000,000
Korea........................... Defense-Wide....... Icheon Special Special $9,900,000
Warfare Command... Operations
Command, Korea
(SOCKOR)
Contingency
Operations
Center and
Barracks........
Korea........................... Defense-Wide....... K-16 Air Base.... Special $11,000,000.
Operations
Forces (SOF)
Operations
Facility, B-606.
----------------------------------------------------------------------------------------------------------------
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.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 3002, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Hawaii........................................ Hilo........................................... $31,000,000
Iowa.......................................... Davenport...................................... $23,000,000
Kansas........................................ Fort Leavenworth............................... $29,000,000
New Hampshire................................. Hooksett....................................... $11,000,000
Rochester...................................... $8,900,000
Oklahoma...................................... Ardmore........................................ $22,000,000
Pennsylvania.................................. York........................................... $9,300,000
Rhode Island.................................. East Greenwich................................. $20,000,000
Utah.......................................... Camp Williams.................................. $37,000,000
Wyoming....................................... Laramie........................................ $21,000,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 3002, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California..................................... Camp Parks..................................... $19,000,000
Fort Hunter Liggett............................ $21,500,000
Virginia....................................... Dublin......................................... $6,000,000
Wisconsin...................................... Fort McCoy..................................... $11,400,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 3002, the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in
the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana...................................... New Orleans.................................... $11,207,000
New York....................................... Brooklyn....................................... $1,964,000
Syracuse....................................... $13,229,000
Texas.......................................... Galveston...................................... $8,414,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 3002, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard locations
inside the United States, and in the amounts, set forth in the
following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Connecticut................................... Bradley IAP.................................... $6,300,000
Florida....................................... Jacksonville IAP............................... $9,000,000
Hawaii........................................ Joint Base Pearl Harbor-Hickam................. $11,000,000
Iowa.......................................... Sioux Gateway Airport.......................... $12,600,000
Minnesota..................................... Duluth IAP..................................... $7,600,000
New Hampshire................................. Pease International Trade Port................. $1,500,000
North Carolina................................ Charlotte/Douglas IAP.......................... $50,600,000
South Carolina................................ McEntire ANGS.................................. $8,400,000
Texas......................................... Ellington Field................................ $4,500,000
Vermont....................................... Burlington IAP................................. $4,500,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 3002, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina.................................. Seymour Johnson Air Force Base.................. $97,950,000
Pennsylvania.................................... Pittsburgh IAP.................................. $85,000,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2016, 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), as specified in the funding
table in section 3002.
Subtitle B--Other Matters
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2014 PROJECT.
In the case of the authorization contained in the table in section
2602 of the Military Construction Authorization Act for Fiscal Year
2014 (division B of Public Law 113-66; 127 Stat. 1001) for Bullville,
New York, for construction of a new Army Reserve Center at that
location, the Secretary of the Army may add to or alter the existing
Army Reserve Center at Bullville, New York.
SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2015 PROJECT.
In the case of the authorization contained in the table in section
2603 of the Military Construction Authorization Act for Fiscal Year
2015 (division B of Public Law 113-291; 128 Stat. 3689) for Pittsburgh,
Pennsylvania, for construction of a Reserve Training Center at that
location, the Secretary of the Navy may acquire approximately 8.5 acres
(370,260 square feet) of adjacent land, obtain necessary interest in
land, and construct road improvements and associated supporting
facilities to provide required access to the Reserve Training Center.
SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2013
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorizations set forth in
the table in subsection (b), as provided in section 2603 of that Act
(126 Stat. 2135) and extended by section 2614 of the Military
Construction Authorization Act for Fiscal Year 2016 (division B of
Public Law 114-92; 129 Stat. XXXX), shall remain in effect until
October 1, 2017, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2018, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2013 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Iowa.................................... Fort Des Moines........... Joint Reserve Center...... $19,162,000.
----------------------------------------------------------------------------------------------------------------
SEC. 2614. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth in the
table in subsection (b), as provided in sections 2602, 2603, 2604, and
2605 of that Act (127 Stat. 1001, 1002), shall remain in effect until
October 1, 2017, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2018, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California........................... Camp Parks.............. Army Reserve Center..... $17,500,000
March Air Force Base.... NOSC Moreno Valley $11,086,000
Reserve Training Center.
Florida.............................. Homestead ARB........... Entry Control Complex... $9,800,000
Maryland............................. Fort Meade.............. 175th Network Warfare $4,000,000
Squadron Facility.
Martin State Airport.... Cyber/ISR Facility...... $8,000,000
New York............................. Bullville............... Army Reserve Center..... $14,500,000.
----------------------------------------------------------------------------------------------------------------
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.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2016, 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 established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 3002.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
SEC. 2801. CHANGE IN AUTHORITIES RELATING TO SCOPE OF WORK VARIATIONS
FOR MILITARY CONSTRUCTION PROJECTS.
(a) Limited Authority for Scope of Work Increase.--Section 2853 of
title 10, United States Code, is amended--
(1) in subsection (b)(2), by striking ``The scope of work''
and inserting ``Except as provided in subsection (d), the scope
of work'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) The limitation in subsection (b)(2) on an increase in the
scope of work does not apply if--
``(1) the increase in the scope of work is not more than 10
percent of the amount specified for that project, construction,
improvement, or acquisition in the justification data provided
to Congress as part of the request for authorization of the
project, construction, improvement, or acquisition;
``(2) the increase is approved by the Secretary concerned;
``(3) the Secretary concerned notifies the appropriate
committees of Congress in writing of the increase in scope and
the reasons therefor; and
``(4) a period of 21 days has elapsed after the date on
which the notification is received by the committees or, if
over sooner, a period of 14 days has elapsed after the date on
which a copy of the notification is provided in an electronic
medium pursuant to section 480 of this title.''.
(b) Cross-Reference Amendments.--
(1) Subsection (a) of such section is amended by striking
``subsection (c) or (d)'' and inserting ``subsection (c), (d),
or (e)''.
(2) Subsection (f) of such section, as redesignated by
subsection (a)(2), is amended by striking ``through (d)'' and
inserting ``through (e)''.
(c) Additional Technical Amendments.--
(1) Conformity with general title 10 style.--Subsection (a)
of such section is further amended by inserting ``of this
title'' after ``section 2805(a)''.
(2) Deletion of surplus word.--Subsection (c)(1)(A) of such
section is amended by striking ``be'' after ``Congress can''.
SEC. 2802. 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:
``(f) Adjustment of Dollar Limitations for Location.--Each fiscal
year, the Secretary concerned shall adjust the dollar limitations
specified in this section applicable to an unspecified minor military
construction project to reflect the area construction cost index for
military construction projects published by the Department of Defense
during the prior fiscal year for the location of the project.''.
SEC. 2803. LIMITED EXCEPTIONS TO RESTRICTION ON DEVELOPMENT OF PUBLIC
INFRASTRUCTURE IN CONNECTION WITH REALIGNMENT OF MARINE
CORPS FORCES IN ASIA-PACIFIC REGION.
(a) Exceptions to Restriction.--Notwithstanding section 2821(b) of
the Military Construction Authorization Act for Fiscal Year 2015
(division B of Public Law 113-291; 128 Stat. 3701; 10 U.S.C. 2687
note), the Secretary of Defense may proceed with a public
infrastructure project on Guam described in subsection (b) if--
(1) the project was identified in the report prepared by
the Secretary Of Defense under section 2822(d)(2) of the
Military Construction Authorization Act For Fiscal Year 2014
(division B of Public Law 113-66; 127 Stat. 1017); and
(2) amounts have been appropriated or made available to be
expended by the Department of Defense for the project.
(b) Covered Projects.--Subsection (a) applies to the following
projects:
(1) A project intended to improve water and wastewater
systems.
(2) A project intended to improve curation of archeological
and cultural artifacts.
(3) A project intended to improve the control and
containment of public health threats.
(c) Repeal of Superseded Law.--Section 2821 of the Military
Construction Authorization Act for Fiscal Year 2016 (division B of
Public Law 114-92; 129 Stat. XXXX) is repealed.
SEC. 2804. TRANSFER OF FORT BELVOIR MARK CENTER CAMPUS FROM THE
SECRETARY OF THE ARMY TO THE SECRETARY OF DEFENSE AND
APPLICABILITY OF CERTAIN PROVISIONS OF LAW RELATING TO
THE PENTAGON RESERVATION.
(a) Inclusion of Mark Center Campus Under Pentagon Reservation
Authorities.--
(1) Definition of pentagon reservation.--Paragraph (1) of
subsection (f) of section 2674 of title 10, United States Code,
is amended to read as follows:
``(1) The term `Pentagon Reservation' means the Pentagon,
the Mark Center Campus, and the Raven Rock Mountain Complex.''.
(2) Other definitions.--Such subsection is further amended
by adding at the end the following new paragraphs:
``(3) The term `Pentagon' means that area of land
(consisting of approximately 227 acres) and improvements
thereon, including parking areas, located in Arlington County,
Virginia, containing the Pentagon Office Building and its
supporting facilities.
``(4) The term `Mark Center Campus' means that area of land
(consisting of approximately 16 acres) and improvements
thereon, including parking areas, located in Alexandria,
Virginia, and known on the day before the date of the enactment
of this paragraph as the Fort Belvoir Mark Center Campus.
``(5) The term `Raven Rock Mountain Complex' means that
area of land (consisting of approximately 720 acres) and
improvements thereon, including parking areas, at the Raven
Rock Mountain Complex and its supporting facilities located in
Maryland and Pennsylvania.''.
(3) Conforming amendment relating to law enforcement
authority.--Subsection (b)(1) of such section is amended by
inserting ``for the Pentagon Reservation and'' in the first
sentence after ``law enforcement and security functions''.
(4) Conforming amendment relating to definitions.--
Subsection (g) of such section is repealed.
(b) Update to Reference to Secretary of Defense Authority.--
Subsection (a) of such section is amended--
(1) by striking ``Jurisdiction'' and inserting ``The
Secretary of Defense has jurisdiction''; and
(2) by striking ``is transferred to the Secretary of
Defense''.
(c) Repeal of Obsolete Reporting Requirement.--Such subsection is
further amended--
(1) by striking ``(1)'' after ``(a)''; and
(2) by striking paragraphs (2) and (3).
(d) Subsection Captions.--Such section is further amended--
(1) in subsection (a), as amended by subsections (b) and
(c), by inserting ``Pentagon Reservation.--'' after ``(a)'';
(2) in subsection (b), as amended by subsection (a)(3), by
striking ``(b)(1)'' and inserting ``(b) Law Enforcement
Authorities and Personnel.--(1)'';
(3) in subsection (c), by striking ``(c)(1)'' and inserting
``(c) Regulations and Enforcement.--(1)'';
(4) in subsection (d), by inserting ``Authority To Charge
for Provision of Services, Facilities, etc.--'' after ``(d)'';
(5) in subsection (e), by striking ``(e)(1)'' and inserting
``(e) Pentagon Reservation Maintenance Revolving Fund.--(1)'';
and
(6) in subsection (f), as amended by subsection (a), by
inserting ``Definitions.--'' after ``(f)''.
SEC. 2805. REPEAL OF SUNSET ON STATUTORY AUTHORITY FOR LABORATORY
REVITALIZATION PROJECTS.
Section 2805(d) of title 10, United States Code, is amended by
striking paragraph (5).
SEC. 2806. STANDARDIZATION OF EXPIRATION DATES FOR MILITARY LAND
WITHDRAWALS.
(a) El Centro.--Section 2925 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2816) is
amended by striking ``25 years after the date of the enactment of this
subtitle'' and inserting ``on March 31, 2022''.
(b) Juniper Butte Range.--Section 2915(a) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 2232) is amended by striking ``25 years after the
date of the enactment of this Act'' and inserting ``on March 31,
2024''.
(c) Goldwater Range.--Section 3031(d)(1) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
907) is amended by striking ``25 years after the date of the enactment
of this Act'' and inserting ``on March 31, 2025''.
(d) Fort Irwin.--Section 2910(a) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1339) is amended by striking ``25 years after the date of the enactment
of this Act'' and inserting ``on March 31, 2027''.
(e) Fallon Ranges, Nellis Range, Fort Greeley and Fort Wainwright
Ranges, and McGregor Range.--Section 3015(a) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
892) is amended--
(1) by striking ``25 years after November 6, 2001'' and
inserting ``on March 31, 2027''; and
(2) by striking ``20 years after November 6, 2001'' and
inserting ``on March 31, 2022''.
SEC. 2807. CONGRESSIONAL NOTIFICATION OF IN-KIND CONTRIBUTIONS FOR
CONSTRUCTION PROJECTS OVERSEAS.
(a) Notification Requirement.--
(1) Subsection (f) of section 2687a of title 10, United
States Code, is amended--
(A) in paragraph (1)--
(i) by striking ``, as defined in chapter
159 of this title,''; and
(ii) by striking ``contribution pursuant
to'' and inserting ``required by'';
(B) in paragraphs (2) and (3), by striking
``contribution''; and
(C) in paragraph (4)(A), by striking ``specified
in'' and inserting ``required by''.
(2) Such section is further amended--
(A) by redesignating subsection (g) as subsection
(h); and
(B) by inserting after subsection (f) the following
new subsection (g):
``(g) Congressional Oversight of Acceptance of In-Kind
Contributions.--(1) In the event the Secretary of Defense accepts a
military construction project to be built for Department of Defense
personnel outside the United States as an in-kind contribution required
by a bilateral agreement with a host country, the Secretary of Defense
shall submit to the congressional defense committees a written
notification at least 30 days before the initiation date for any such
military construction project.
``(2) A notification under paragraph (1) with respect to a proposed
military construction project shall include the following:
``(A) The requirements for, and purpose and description of,
the proposed project.
``(B) The cost of the proposed project.
``(C) The scope of the proposed project.
``(D) The schedule for the proposed project.
``(E) Such other details as the Secretary considers
relevant.''.
(b) Conforming Amendment.--Section 2802(d)(1) of such title 10 is
amended by striking ``contributions''.
(c) Repeal.--Section 2803 of the Carl Levin and Howard ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3696) is repealed, and the amendments made by
subsections (a) and (b) of that section shall be considered not to have
been made.
SEC. 2808. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE OPERATION
AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS IN
CERTAIN AREAS OUTSIDE THE UNITED STATES.
Section 2808 of the National Defense Authorization Act for Fiscal
Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as most
recently amended by section 2802 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. yyy), is further
amended--
(1) in subsection (c)(1)--
(A) by striking ``October 1, 2015'' and inserting
``October 1, 2016'';
(B) by striking ``December 31, 2016'' and inserting
``December 31, 2017''; and
(C) by striking ``fiscal year 2017'' and inserting
``fiscal year 2018''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``December 31,
2016'' and inserting ``December 31, 2017''; and
(B) in paragraph (2), by striking ``fiscal year
2017'' and inserting ``fiscal year 2018''.
SEC. 2809. AUTHORITY OF THE SECRETARY CONCERNED TO ACCEPT LESSEE
IMPROVEMENTS AT GOVERNMENT-OWNED/CONTRACTOR-OPERATED
INDUSTRIAL PLANTS OR FACILITIES.
Section 2535 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Acceptance of Lessee Improvements at Government-Owned/
Contractor-Operated Industrial Plants.--(1) A lease of a Government-
owned/contractor-operated industrial plant or facility may permit the
lessee, with the approval of the Secretary concerned, to alter, expand,
or otherwise improve the plant or facility as necessary for the
development or production of military weapons systems, munitions,
components, or supplies. Such lease may provide, notwithstanding
section 2802 of this title, that such alteration, expansion or other
improvement shall, upon completion, become the property of the
Government, regardless of whether such alteration, expansion, or other
improvement constitutes all or part of the consideration for the lease
pursuant to section 2667(b)(5) of this title or represents a
reimbursable cost allocable to any contract, cooperative agreement,
grant, or other instrument with respect to activity undertaken at such
industrial plant or facility.
``(2) When a decision is made to approve a project to which
paragraph (1) applies costing more than the threshold specified under
section 2805(c) of this title, the Secretary concerned shall notify in
writing the congressional defense committees of that decision, of the
justification for the project, and of the estimated cost of the
project. The project may then be carried out only after the end of the
21-day period beginning on the date the notification is received by the
committees or, if earlier, the end of the 14-day period beginning on
the date on which a copy of the notification is provided in an
electronic medium pursuant to section 480 of this title.''.
SEC. 2810. PERMANENT AUTHORITY FOR ACCEPTANCE AND USE OF CONTRIBUTIONS
FOR CERTAIN CONSTRUCTION, MAINTENANCE, AND REPAIR
PROJECTS MUTUALLY BENEFICIAL TO THE DEPARTMENT OF DEFENSE
AND KUWAIT MILITARY FORCES.
(a) Permanent Authority.--Section 2804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-xx) is amended
by striking subsection (f).
(b) Conforming Amendment.--The heading of such section is amended
by striking ``temporary''.
SEC. 2811. CLOSURE OF ST. MARYS AIRPORT.
(a) Release of Restrictions.--Subject to subsection (b), the United
States, acting through the Administrator of the Federal Aviation
Administration, shall release the City of St. Marys, Georgia, from all
restrictions, conditions, and limitations on the use, encumbrance,
conveyance, and closure of the St. Marys Airport, to the extent such
restrictions, conditions, and limitations are enforceable by the
Administrator.
(b) Requirements for Release of Restrictions.--The Administrator
shall execute the release under subsection (a) once all of the
following occurs:
(1) The Secretary of the Navy transfers to the Georgia
Department of Transportation the amounts described in
subsection (c) and requires an enforceable condition on such
transfer that all funds transferred shall be used only for
airport development (as defined in section 47102 of title 49,
United States Code) of a regional airport in Georgia,
consistent with planning efforts conducted by the Administrator
and the Georgia Department of Transportation.
(2) The City of St. Marys, for consideration as provided
for in this section, grants to the United States, under the
administrative jurisdiction of the Secretary, a restrictive use
easement in the real property used for the St. Marys Airport,
as determined acceptable by the Secretary, under such terms and
conditions that the Secretary considers necessary to protect
the interests of the United States and prohibiting the future
use of such property for all aviation-related purposes and any
other purposes deemed by the Secretary to be incompatible with
the operations, functions, and missions of Naval Submarine
Base, Kings Bay, Georgia.
(3) The Secretary obtains an appraisal to determine the
fair market value of the real property used for the St. Marys
Airport in the manner described in subsection (c)(1).
(4) The Administrator fulfills the obligations under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) in connection with the release under subsection (a). In
carrying out such obligations--
(A) the Administrator shall not assume or consider
any potential or proposed future redevelopment of the
current St. Marys airport property;
(B) any potential new regional airport in Georgia
shall be deemed to be not connected with the release
noted in subsection (a) nor the closure of St. Marys
Airport; and
(C) any environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for a potential regional airport in Georgia shall
be considered through an environmental review process
separate and apart from the environmental review made a
condition of release by this section.
(5) The Administrator fulfills the obligations under
sections 47107(h) and 46319 of title 49, United States Code.
(6) Any actions required under part 157 of title 14, Code
of Federal Regulations, are carried out to the satisfaction of
the Administrator.
(c) Transfer of Amounts Described.--The amounts described in this
subsection are the following:
(1) An amount equal to the fair market value of the real
property of the St. Marys Airport, as determined by the
Secretary and concurred in by the Administrator, based on an
appraisal report and title documentation that--
(A) is prepared or adopted by the Secretary, and
concurred in by the Administrator, not more than 180
days prior to the transfer described in subsection
(b)(1); and
(B) meets all requirements of Federal law and the
appraisal and documentation standards applicable to the
acquisition and disposal of real property interests of
the United States.
(2) An amount equal to the unamortized portion of any
Federal development grants (including grants available under a
State block grant program established pursuant to section 47128
of title 49, United States Code), other than used for the
acquisition of land, paid to the City of St. Marys for use as
the St. Marys Airport.
(3) An amount equal to the airport revenues remaining in
the airport account for the St. Marys Airport as of the date of
the enactment of this section and as otherwise due to or
received by the City of St. Marys after such date of enactment
pursuant to sections 47107(b) and 47133 of title 49, United
States Code.
(d) Authorization for Transfer of Funds.--Using funds available to
the Department of the Navy for operation and maintenance, the Secretary
may pay the amounts described in subsection (c) to the Georgia
Department of Transportation, conditioned as described in subsection
(b)(1).
(e) Additional Requirements.--
(1) Survey.--The exact acreage and legal description of St.
Marys Airport shall be determined by a survey satisfactory to
the Secretary and concurred in by the Administrator.
(2) Planning of regional airport.--Any planning effort for
the development of a regional airport in southeast Georgia
shall be conducted in coordination with the Secretary, and
shall ensure that any such regional airport does not interfere
with the operations, functions, and missions of Naval Submarine
Base, Kings Bay, Georgia. The determination of the Secretary
shall be final as to whether the operations of a new regional
airport in southeast Georgia would interfere with such military
operations.
SEC. 2812. TEMPORARY AUTHORITY TO UNDERTAKE CONVERSION PROJECTS AS
REPAIR PROJECTS.
Section 2811 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Temporary Authority for Conversions as Repair.--(1)
Notwithstanding subsection (e), the Secretary concerned may carry out a
repair project that converts a real property facility, system, or
component to a new functional purpose without increasing its external
dimensions.
``(2) The maximum amount that the Secretary concerned may
obligate in any fiscal year under this subsection is
$60,000,000.
``(3) The authority provided by this subsection expires on
September 30, 2021.''.
TITLE XXIX--DEFENSE BASE CLOSURE AND REALIGNMENT
SEC. 2901. SHORT TITLE AND PURPOSE.
(a) Short Title.--This title may be cited as the ``Defense Base
Closure and Realignment Act of 2016''.
(b) Purpose.--The purpose of this title is to provide a fair
process that will result in the timely closure and realignment of
military installations inside the United States.
SEC. 2902. THE COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the ``Defense Base Closure and Realignment Commission''.
(b) Duties.--The Commission shall carry out the duties specified
for it in this title.
(c) Appointment.--(1)(A) The Commission shall be composed of nine
members appointed by the President, by and with the advice and consent
of the Senate.
(B) Subject to the certifications required under section 2903(b),
the President may commence a round for the selection of military
installations for closure and realignment under this title in 2019 by
transmitting to the Senate, not later than February 1, 2019,
nominations for appointment to the Commission.
(C) If the President does not transmit to Congress the nominations
for appointment to the Commission on or before the date specified, the
process by which military installations may be selected for closure or
realignment under this title with respect to that year shall be
terminated.
(2) In selecting individuals for nominations for appointments to
the Commission, the President should consult with--
(A) the Speaker of the House of Representatives concerning
the appointment of two members;
(B) the majority leader of the Senate concerning the
appointment of two members;
(C) the minority leader of the House of Representatives
concerning the appointment of one member; and
(D) the minority leader of the Senate concerning the
appointment of one member.
(3) At the time the President nominates individuals for appointment
to the Commission for each session of Congress referred to in paragraph
(1)(B), the President shall designate one such individual who shall
serve as Chairman of the Commission.
(d) Terms.--(1) Except as provided in paragraph (2), each member of
the Commission shall serve until the adjournment of Congress sine die
for the session during which the member was appointed to the
Commission.
(2) The Chairman of the Commission shall serve until the
confirmation of a successor.
(e) Meetings.--(1) The Commission shall meet only during calendar
year 2019.
(2)(A) Each meeting of the Commission, other than meetings in which
classified information is to be discussed, shall be open to the public.
(B) All the proceedings, information, and deliberations of the
Commission shall be open, upon request, to the following:
(i) The Chairman and the ranking minority party member of
the Subcommittee on Readiness and Management Support of the
Committee on Armed Services of the Senate, or such other
members of the Subcommittee designated by such Chairman or
ranking minority party member.
(ii) The Chairman and the ranking minority party member of
the Subcommittee on Readiness of the Committee on Armed
Services of the House of Representatives, or such other members
of the Subcommittee designated by such Chairman or ranking
minority party member.
(iii) The Chairmen and ranking minority party members of
the subcommittees with jurisdiction for military construction
of the Committees on Appropriations of the Senate and of the
House of Representatives, or such other members of the
subcommittees designated by such Chairmen or ranking minority
party members.
(iv) The Chairmen and Ranking Members of the Subcommittees
on Defense of the Committees on Appropriations of the Senate
and the House of Representatives, or such other members of the
subcommittees designated by such Chairmen or ranking minority
party members.
(C) A Commissioner shall be recused from consideration of matters
before the Commission, in accordance with section 208 of title 18,
United States Code. A Commissioner shall not participate in the
deliberations on, or vote regarding any matter from which the
Commissioner is recused.
(f) Vacancies.--A vacancy in the Commission shall be filled in the
same manner as the original appointment, but the individual appointed
to fill the vacancy shall serve only for the unexpired portion of the
term for which the individual's predecessor was appointed.
(g) Pay and Travel Expenses.--(1)(A) Each member, other than the
Chairman, shall be paid at a rate equal to the daily equivalent of the
minimum annual rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is engaged in the
actual performance of duties vested in the Commission.
(B) The Chairman shall be paid for each day referred to in
subparagraph (A) at a rate equal to the daily equivalent of the minimum
annual rate of basic pay payable for level III of the Executive
Schedule under section 5314, of title 5, United States Code.
(2) Members shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(h) Director of Staff.--(1) The Commission shall, without regard to
section 5311 of title 5, United States Code, appoint a Director who has
not served on active duty in the Armed Forces or as a civilian employee
of the Department of Defense during the one-year period preceding the
date of such appointment.
(2) The Director shall be paid at the rate of basic pay payable for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(i) Staff.--(1) Subject to paragraphs (2) and (3), the Director,
with the approval of the Commission, may appoint and fix the pay of
additional personnel.
(2) The Director may make such appointments without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and any personnel so appointed may be paid
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed may not
receive pay in excess of the annual rate of basic pay payable for GS-15
of the General Schedule.
(3)(A) Not more than one-third of the personnel employed by or
detailed to the Commission may be on detail from the Department of
Defense.
(B)(i) Not more than one-fifth of the professional analysts of the
Commission staff may be persons detailed from the Department of Defense
to the Commission.
(ii) No person detailed from the Department of Defense to the
Commission may be assigned as the lead professional analyst with
respect to a military department or defense agency.
(C) A person may not be detailed from the Department of Defense to
the Commission if, within 12 months before the detail is to begin, that
person participated personally and substantially in any matter within
the Department of Defense concerning the preparation of recommendations
for closures or realignments of military installations.
(D) No member of the Armed Forces, and no officer or employee of
the Department of Defense, may--
(i) prepare any report concerning the effectiveness,
fitness, or efficiency of the performance on the staff of the
Commission of any person detailed from the Department of
Defense to that staff;
(ii) review the preparation of such a report; or
(iii) approve or disapprove such a report.
(4) Upon request of the Director, the head of any Federal
department or agency may detail any of the personnel of that department
or agency to the Commission to assist the Commission in carrying out
its duties under this title.
(5) The Comptroller General of the United States shall provide
assistance, including the detailing of employees, to the Commission in
accordance with an agreement entered into with the Commission.
(6) The Chairman of the Commission shall certify to the
congressional defense committees by April 1, 2019, that the Commission
and its staff have adequate capacity to review the recommendations to
be submitted by the Secretary of Defense pursuant to section 2903 of
this title.
(7) The following restrictions relating to the personnel of the
Commission shall apply during the period beginning January 1, 2020 and
ending April 15, 2020:
(A) There may not be more than 15 persons on the staff at
any one time.
(B) The staff may perform only such functions as are
necessary to prepare for the termination of the Commission and
transfer all records to the Department of Defense or national
archives.
(C) No member of the Armed Forces and no employee of the
Department of Defense may serve on the staff.
(j) Other Authority.--(1) The Commission may procure by contract,
to the extent funds are available, the temporary or intermittent
services of experts or consultants pursuant to section 3109 of title 5,
United States Code.
(2) The Commission may lease space and acquire personal property to
the extent funds are available.
(k) Funding.--(1) There are authorized to be appropriated to the
Commission such funds as are necessary to carry out its duties under
this title. Such funds shall remain available until expended.
(2) If no funds are appropriated to the Commission by the end of
the second session of the 115th Congress, the Secretary of Defense may
transfer to the Commission for purposes of its activities under this
title in that year such funds as the Commission may require to carry
out such activities. The Secretary may transfer funds under the
preceding sentence from any funds available to the Secretary. Funds so
transferred shall remain available to the Commission for such purposes
until expended.
(l) Termination.--The Commission shall terminate on April 15, 2020.
(m) Prohibition Against Restricting Communications.--Section 1034
of title 10, United States Code, shall apply with respect to
communications with the Commission.
SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE CLOSURES AND
REALIGNMENTS.
(a) Force-Structure Plan and Infrastructure Inventory.--
(1) Preparation and submission.--As part of the budget
justification documents submitted to Congress in support of the
budget for the Department of Defense for fiscal year 2019, the
Secretary shall submit to Congress the following:
(A) A force-structure plan for the Armed Forces
based on an assessment by the Secretary of the probable
threats to the national security during the 20-year
period beginning with that fiscal year, the probable
end-strength levels and major military force units
(including land force divisions, carrier and other
major combatant vessels, air wings, and other
comparable units) needed to meet these threats, and the
anticipated levels of funding that will be available
for national defense purposes during such period.
(B) A comprehensive inventory of military
installations world-wide for each military department,
with specifications of the number and type of
facilities in the active and reserve forces of each
military department.
(2) Relationship of plan and inventory.--Using the force-
structure plan and infrastructure inventory prepared under
paragraph (1), the Secretary shall prepare (and include as part
of the submission of such plan and inventory) the following:
(A) A description of the infrastructure necessary
to support the force structure described in the force-
structure plan.
(B) A discussion of categories of excess
infrastructure and infrastructure capacity.
(C) An economic analysis of the effect of the
closure or realignment of military installations to
reduce excess infrastructure.
(3) Special considerations.--In determining the level of
necessary versus excess infrastructure under paragraph (2), the
Secretary shall consider the following:
(A) The anticipated continuing need for and
availability of military installations outside the
United States, taking into account current restrictions
on the use of military installations outside the United
States and the potential for future prohibitions or
restrictions on the use of such military installations.
(B) Any efficiencies that may be gained from joint
tenancy by more than one branch of the Armed Forces at
a military installation.
(4) Revision.--The Secretary may revise the force-structure
plan and infrastructure inventory. If the Secretary makes such
a revision, the Secretary shall submit the revised plan or
inventory to Congress not later than February 15th of the year
following the year in which such plan was first submitted. For
purposes of selecting military installations for closure or
realignment under this title in the year in which a revision is
submitted, no revision of the force-structure plan or
infrastructure inventory is authorized after that date.
(b) Certification of Need for Further Closures and Realignments.--
(1) Certification required.--On the basis of the force-
structure plan and infrastructure inventory prepared under
subsection (a) and the descriptions and economic analysis
prepared under such subsection, the Secretary shall include as
part of the submission of the plan and inventory--
(A) a certification regarding whether the need
exists for the closure or realignment of additional
military installations;
(B) if such need exists, a certification that the
additional round of closures and realignments would
result in annual net savings for each of the military
departments beginning not later than six years
following the commencement of such closures and
realignments; and
(C) a certification that the additional round of
closures and realignments will have the primary
objective of eliminating excess infrastructure capacity
within the Department of Defense and reconfiguring the
Department's infrastructure to maximize efficiency and
reduce costs.
(2) Effect of failure to certify.--If the Secretary does
not include the certifications referred to in paragraph (1),
the President may not commence a round for the selection of
military installations for closure and realignment under this
title in the year following submission of the force-structure
plan and infrastructure inventory.
(c) Comptroller General Evaluation.--
(1) Evaluation required.--If the certification is provided
under subsection (b), the Comptroller General shall prepare an
evaluation of the following:
(A) The force-structure plan and infrastructure
inventory prepared under subsection (a) and the final
selection criteria specified in paragraph (d),
including an evaluation of the accuracy and analytical
sufficiency of such plan, inventory, and criteria.
(B) The need for the closure or realignment of
additional military installations.
(2) Submission.--The Comptroller General shall submit the
evaluation to Congress not later than 60 days after the date on
which the force-structure plan and infrastructure inventory are
submitted to Congress.
(d) Final Selection Criteria.--
(1) In general.--The final criteria to be used by the
Secretary in making recommendations for the closure or
realignment of military installations inside the United States
under this title in 2019 shall be the military value and
additional criteria specified in paragraphs (2) and (3).
(2) Military value criteria.--The military value criteria
are as follows:
(A) The current and future mission capabilities and
the impact on operational readiness of the total force
of the Department of Defense, including the impact on
joint warfighting, training, and readiness.
(B) The availability and condition of land,
facilities, and associated airspace (including training
areas suitable for maneuver by ground, naval, or air
forces throughout a diversity of climate and terrain
areas and staging areas for the use of the Armed Forces
in homeland defense missions) at both existing and
potential receiving locations.
(C) The ability to accommodate contingency,
mobilization, surge, and future total force
requirements at both existing and potential receiving
locations to support operations and training.
(D) The cost of operations and the manpower
implications.
(3) Additional criteria.--The additional criteria that the
Secretary shall use in making recommendations for the closure
or realignment of military installations inside the United
States under this title in 2019 are as follows:
(A) The extent and timing of potential costs and
savings, including the number of years, beginning with
the date of completion of the closure or realignment,
for the savings to exceed the costs.
(B) The economic impact on existing communities in
the vicinity of military installations.
(C) The ability of the infrastructure of both the
existing and potential receiving communities to support
forces, missions, and personnel.
(D) The environmental impact, including the impact
of costs related to potential environmental
restoration, waste management, and environmental
compliance activities.
(e) Priority Given to Military Value.--The Secretary shall give
priority consideration to the military value criteria specified in
subsection (d)(2) in the making of recommendations for the closure or
realignment of military installations.
(f) Determining Costs.--When determining the costs associated with
a closure or realignment, the Secretary shall consider the costs
associated with military construction, information technology,
termination of public-private contracts, guarantees, the costs of any
other activity of the Department of Defense or any other Federal agency
that may be required to assume responsibility for activities at the
military installations, and such other factors as the Secretary
determines as contributing to the cost of a closure or realignment.
(g) Emphasis Given to Savings.--Subject to subsection (e) the
Secretary shall emphasize those recommendations that yield net savings
within 5 years of completing such closure or realignment. The Secretary
shall not consider any recommendation that does not yield net savings
within 20 years, unless the Secretary expressly determines that the
military value of such recommendation supports or enhances a critical
national security interest of the United States.
(h) Relation to Other Materials.--The final selection criteria
specified in this section shall be the only criteria to be used, along
with the force-structure plan and infrastructure inventory referred to
in subsection (a), in making recommendations for the closure or
realignment of military installations inside the United States under
this title in 2019.
(i) DoD Recommendations.--(1) If the Secretary makes the
certifications required under subsection (b), the Secretary shall, by
no later than April 15, 2019, publish in the Federal Register and
transmit to the congressional defense committees and to the Commission
a list of the military installations inside the United States that the
Secretary recommends for closure or realignment on the basis of the
force-structure plan and infrastructure inventory prepared by the
Secretary under subsection (a) and the final selection criteria
specified in subsection (d) that are applicable to the year concerned.
(2) The Secretary shall include, with the list of recommendations
published and transmitted pursuant to paragraph (1), a summary of the
selection process that resulted in the recommendation for each
installation, including a justification for each recommendation. The
Secretary shall transmit the matters referred to in the preceding
sentence not later than 7 days after the date of the transmittal to the
congressional defense committees and the Commission of the list
referred to in paragraph (1).
(3)(A) In considering military installations for closure or
realignment, the Secretary shall consider all military installations
inside the United States equally without regard to whether the
installation has been previously considered or proposed for closure or
realignment by the Department.
(B) In considering military installations for closure or
realignment, the Secretary may not take into account for any purpose
any advance conversion planning undertaken by an affected community
with respect to the anticipated closure or realignment of an
installation.
(C) For purposes of subparagraph (B), in the case of a community
anticipating the economic effects of a closure or realignment of a
military installation, advance conversion planning--
(i) shall include community adjustment and economic
diversification planning undertaken by the community before an
anticipated selection of a military installation in or near the
community for closure or realignment; and
(ii) may include the development of contingency
redevelopment plans, plans for economic development and
diversification, and plans for the joint use (including
civilian and military use, public and private use, civilian
dual use, and civilian shared use) of the property or
facilities of the installation after the anticipated closure or
realignment.
(D) In making recommendations to the Commission, the Secretary
shall consider any notice received from a local government in the
vicinity of a military installation that the government would approve
of the closure or realignment of the installation.
(E) Notwithstanding the requirement in subparagraph (D), the
Secretary shall make the recommendations referred to in that
subparagraph based on the force-structure plan, infrastructure
inventory, and final selection criteria otherwise applicable to such
recommendations.
(F) The recommendations shall include a statement of the result of
the consideration of any notice described in subparagraph (D) that is
received with respect to a military installation covered by such
recommendations. The statement shall set forth the reasons for the
result.
(4) In addition to making all information used by the Secretary to
prepare the recommendations under this subsection available to Congress
(including any committee or member of Congress), the Secretary shall
also make such information available to the Commission and the
Comptroller General of the United States.
(5)(A) Each person referred to in subparagraph (B), when submitting
information to the Secretary of Defense or the Commission concerning
the closure or realignment of a military installation, shall certify
that such information is accurate and complete to the best of that
persons knowledge and belief.
(B) Subparagraph (A) applies to the following persons:
(i) The Secretaries of the military departments.
(ii) The heads of the Defense Agencies.
(iii) Each person who is in a position the duties of which
include personal and substantial involvement in the preparation
and submission of information and recommendations concerning
the closure or realignment of military installations, as
designated in regulations which the Secretary of Defense shall
prescribe, regulations which the Secretary of each military
department shall prescribe for personnel within that military
department, or regulations which the head of each Defense
Agency shall prescribe for personnel within that Defense
Agency.
(6) Any information provided to the Commission by a person
described in paragraph (5)(B) shall also be submitted to the Senate and
the House of Representatives to be made available to the Members of the
House concerned in accordance with the rules of that House. The
information shall be submitted to the Senate and House of
Representatives within 48 hours after the submission of the information
to the Commission.
(j) Review and Recommendations by the Commission.--(1) After
receiving the recommendations from the Secretary pursuant to subsection
(h) for any year, the Commission shall conduct public hearings on the
recommendations. All testimony before the Commission at a public
hearing conducted under this paragraph shall be presented under oath.
(2)(A) The Commission shall, by no later than October 1 of each
year in which the Secretary transmits recommendations to it pursuant to
subsection (h), transmit to the President a report containing the
Commission's findings and conclusions based on a review and analysis of
the recommendations made by the Secretary, together with the
Commission's recommendations for closures and realignments of military
installations inside the United States.
(B) Subject to subparagraphs (C) and (E), in making its
recommendations, the Commission may make changes in any of the
recommendations made by the Secretary if the Commission determines that
the Secretary deviated substantially from the force-structure plan and
final criteria referred to in subsection (d)(1) in making
recommendations.
(C) In the case of a change described in subparagraph (D) in the
recommendations made by the Secretary, the Commission may make the
change only if--
(i) the Commission--
(I) makes the determination required by
subparagraph (B);
(II) determines that the change is consistent with
the force-structure plan and final criteria referred to
in subsection (d)(1);
(III) publishes a notice of the proposed change in
the Federal Register not less than 45 days before
transmitting its recommendations to the President
pursuant to subparagraph (A); and
(IV) conducts public hearings on the proposed
change;
(ii) at least two members of the Commission visit the
military installation before the date of the transmittal of the
report; and
(iii) the decision of the Commission to make the change is
supported by at least seven members of the Commission.
(D) Subparagraph (C) shall apply to a change by the Commission in
the Secretary's recommendations that would--
(i) add a military installation to the list of military
installations recommended by the Secretary for closure;
(ii) add a military installation to the list of military
installations recommended by the Secretary for realignment; or
(iii) increase the extent of a realignment of a particular
military installation recommended by the Secretary.
(E) The Commission may not consider making a change in the
recommendations of the Secretary that would add a military installation
to the Secretary's list of installations recommended for closure or
realignment unless, in addition to the requirements of subparagraph
(C)--
(i) the Commission provides the Secretary with at least a
15-day period, before making the change, in which to submit an
explanation of the reasons why the installation was not
included on the closure or realignment list by the Secretary;
and
(ii) the decision to add the installation for Commission
consideration is supported by at least seven members of the
Commission.
(F) In making recommendations under this paragraph, the Commission
may not take into account for any purpose any advance conversion
planning undertaken by an affected community with respect to the
anticipated closure or realignment of a military installation.
(3) The Commission shall explain and justify in its report
submitted to the President pursuant to paragraph (2) any recommendation
made by the Commission that is different from the recommendations made
by the Secretary pursuant to subsection (h). The Commission shall
transmit a copy of such report to the congressional defense committees
on the same date on which it transmits its recommendations to the
President under paragraph (2).
(4) After October 1 of each year in which the Commission transmits
recommendations to the President under this subsection, the Commission
shall promptly provide, upon request, to any Member of Congress
information used by the Commission in making its recommendations.
(5) The Comptroller General of the United States shall--
(A) assist the Commission, to the extent requested, in the
Commission's review and analysis of the recommendations made by
the Secretary pursuant to subsection (h); and
(B) by no later than June 3 of each year in which the
Secretary makes such recommendations, transmit to the Congress
and to the Commission a report containing a detailed analysis
of the Secretary's recommendations and selection process.
(k) Review by the President.--(1) The President shall, by no later
than October 15 of each year in which the Commission makes
recommendations under subsection (i), transmit to the Commission and to
the Congress a report containing the President's approval or
disapproval of the Commission's recommendations.
(2) If the President approves all the recommendations of the
Commission, the President shall transmit a copy of such recommendations
to the Congress, together with a certification of such approval.
(3) If the President disapproves the recommendations of the
Commission, in whole or in part, the President shall transmit to the
Commission and the Congress the reasons for that disapproval. The
Commission shall then transmit to the President, by no later than
November 18 of the year concerned, a revised list of recommendations
for the closure and realignment of military installations.
(4) If the President approves all of the revised recommendations of
the Commission transmitted to the President under paragraph (3), the
President shall transmit a copy of such revised recommendations to the
Congress, together with a certification of such approval.
(5) If the President does not transmit to the Congress an approval
and certification described in paragraph (2) or (4) by December 2 of
any year in which the Commission has transmitted recommendations to the
President under this title, the process by which military installations
may be selected for closure or realignment under this title with
respect to that year shall be terminated.
SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS.
(a) In General.--Subject to subsection (b), the Secretary shall--
(1) close all military installations recommended for
closure by the Commission in each report transmitted to the
Congress by the President pursuant to section 2903(j);
(2) realign all military installations recommended for
realignment by such Commission in each such report;
(3) carry out the privatization in place of a military
installation recommended for closure or realignment by the
Commission only if privatization in place is a method of
closure or realignment of the military installation specified
in the recommendations of the Commission in such report and is
determined by the Commission to be the most cost-effective
method of implementation of the recommendation;
(4) initiate all such closures and realignments no later
than two years after the date on which the President transmits
a report to the Congress pursuant to section 2903(j) containing
the recommendations for such closures or realignments; and
(5) complete all such closures and realignments no later
than the end of the six-year period beginning on the date on
which the President transmits the report pursuant to section
2903(j) containing the recommendations for such closures or
realignments.
(b) Congressional Disapproval.--(1) The Secretary may not carry out
any closure or realignment recommended by the Commission in a report
transmitted from the President pursuant to section 2903(j) if a joint
resolution is enacted, in accordance with the provisions of section
2908, disapproving such recommendations of the Commission before the
earlier of--
(A) the end of the 45-day period beginning on the date on
which the President transmits such report; or
(B) the adjournment of Congress sine die for the session
during which such report is transmitted.
(2) For purposes of paragraph (1) of this subsection and
subsections (a) and (c) of section 2908, the days on which either House
of Congress is not in session because of adjournment of more than three
days to a day certain shall be excluded in the computation of a period.
SEC. 2905. IMPLEMENTATION.
(a) In General.--(1) In closing or realigning any military
installation under this title, the Secretary may--
(A) take such actions as may be necessary to close or
realign any military installation, including the acquisition of
such land, the construction of such replacement facilities, the
performance of such activities, and the conduct of such advance
planning and design as may be required to transfer functions
from a military installation being closed or realigned to
another military installation, and may use for such purpose
funds in the Account or funds appropriated to the Department of
Defense for use in planning and design, minor construction, or
operation and maintenance;
(B) provide--
(i) economic adjustment assistance to any community
located near a military installation being closed or
realigned; and
(ii) community planning assistance to any community
located near a military installation to which functions
will be transferred as a result of the closure or
realignment of a military installation,
if the Secretary of Defense determines that the financial
resources available to the community (by grant or otherwise)
for such purposes are inadequate, and may use for such purposes
funds in the Account or funds appropriated to the Department of
Defense for economic adjustment assistance or community
planning assistance;
(C) carry out activities for the purposes of environmental
restoration and mitigation at any such installation, and shall
use for such purposes funds in the Account;
(D) provide outplacement assistance to civilian employees
employed by the Department of Defense at military installations
being closed or realigned, and may use for such purpose funds
in the Account or funds appropriated to the Department of
Defense for outplacement assistance to employees; and
(E) reimburse other Federal agencies for actions performed
at the request of the Secretary with respect to any such
closure or realignment, and may use for such purpose funds in
the Account or funds appropriated to the Department of Defense
and available for such purpose.
(2) In carrying out any closure or realignment under this title,
the Secretary shall ensure that environmental restoration of any
property made excess to the needs of the Department of Defense as a
result of such closure or realignment be carried out as soon as
possible with funds available for such purpose.
(b) Management and Disposal of Property.--(1) The Administrator of
General Services shall delegate to the Secretary of Defense, with
respect to excess and surplus real property, facilities, and personal
property located at a military installation closed or realigned under
this title--
(A) the authority of the Administrator to utilize excess
property under subchapter II of chapter 5 of title 40, United
States Code;
(B) the authority of the Administrator to dispose of
surplus property under subchapter III of chapter 5 of title 40,
United States Code;
(C) the authority to dispose of surplus property for public
airports under sections 47151 through 47153 of title 49, United
States Code; and
(D) the authority of the Administrator to determine the
availability of excess or surplus real property for wildlife
conservation purposes in accordance with the Act of May 19,
1948 (16 U.S.C. 667b).
(2)(A) Subject to subparagraph (B) and paragraphs (3), (4), (5),
and (6), the Secretary of Defense shall exercise the authority
delegated to the Secretary pursuant to paragraph (1) in accordance
with--
(i) all regulations governing the utilization of excess
property and the disposal of surplus property under subtitle I
of title 40, United States Code; and
(ii) all regulations governing the conveyance and disposal
of property under section 13(g) of the Surplus Property Act of
1944 (50 U.S.C. App. 1622(g)).
(B) The Secretary may, with the concurrence of the Administrator of
General Services--
(i) prescribe general policies and methods for utilizing
excess property and disposing of surplus property pursuant to
the authority delegated under paragraph (1); and
(ii) issue regulations relating to such policies and
methods, which shall supersede the regulations referred to in
subparagraph (A) with respect to that authority.
(C) The Secretary of Defense may transfer real property or
facilities located at a military installation to be closed or realigned
under this title, with or without reimbursement, to a military
department or other entity (including a nonappropriated fund
instrumentality) within the Department of Defense or the Coast Guard.
(D) Before any action may be taken with respect to the disposal of
any surplus real property or facility located at any military
installation to be closed or realigned under this title, the Secretary
of Defense shall consult with the Governor of the State and the heads
of the local governments concerned for the purpose of considering any
plan for the use of such property by the local community concerned.
(E) If a military installation to be closed, realigned, or placed
in an inactive status under this title includes a road used for public
access through, into, or around the installation, the Secretary of
Defense shall consult with the Governor of the State and the heads of
the local governments concerned for the purpose of considering the
continued availability of the road for public use after the
installation is closed, realigned, or placed in an inactive status.
(3)(A) Not later than 6 months after the date of approval of the
closure or realignment of a military installation under this title, the
Secretary, in consultation with the redevelopment authority with
respect to the installation, shall--
(i) inventory the personal property located at the
installation; and
(ii) identify the items (or categories of items) of such
personal property that the Secretary determines to be related
to real property and anticipates will support the
implementation of the redevelopment plan with respect to the
installation.
(B) If no redevelopment authority referred to in subparagraph (A)
exists with respect to an installation, the Secretary shall consult
with--
(i) the local government in whose jurisdiction the
installation is wholly located; or
(ii) a local government agency or State government agency
designated for the purpose of such consultation by the chief
executive officer of the State in which the installation is
located.
(C)(i) Except as provided in subparagraphs (E) and (F), the
Secretary may not carry out any of the activities referred to in clause
(ii) with respect to an installation referred to in that clause until
the earlier of--
(I) one week after the date on which the redevelopment plan
for the installation is submitted to the Secretary;
(II) the date on which the redevelopment authority notifies
the Secretary that it will not submit such a plan;
(III) twenty-four months after the date of approval of the
closure or realignment of the installation; or
(IV) ninety days before the date of the closure or
realignment of the installation.
(ii) The activities referred to in clause (i) are activities
relating to the closure or realignment of an installation to be closed
or realigned under this title as follows:
(I) The transfer from the installation of items of personal
property at the installation identified in accordance with
subparagraph (A).
(II) The reduction in maintenance and repair of facilities
or equipment located at the installation below the minimum
levels required to support the use of such facilities or
equipment for nonmilitary purposes.
(D) Except as provided in paragraph (4), the Secretary may not
transfer items of personal property located at an installation to be
closed or realigned under this title to another installation, or
dispose of such items, if such items are identified in the
redevelopment plan for the installation as items essential to the reuse
or redevelopment of the installation. In connection with the
development of the redevelopment plan for the installation, the
Secretary shall consult with the entity responsible for developing the
redevelopment plan to identify the items of personal property located
at the installation, if any, that the entity desires to be retained at
the installation for reuse or redevelopment of the installation.
(E) This paragraph shall not apply to any personal property located
at an installation to be closed or realigned under this title if the
property--
(i) is required for the operation of a unit, function,
component, weapon, or weapons system at another installation;
(ii) is uniquely military in character, and is likely to
have no civilian use (other than use for its material content
or as a source of commonly used components);
(iii) is not required for the reutilization or
redevelopment of the installation (as jointly determined by the
Secretary and the redevelopment authority);
(iv) is stored at the installation for purposes of
distribution (including spare parts or stock items); or
(v)(I) meets known requirements of an authorized program of
another Federal department or agency for which expenditures for
similar property would be necessary; and
(II) is the subject of a written request by the head of the
department or agency.
(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary may
carry out any activity referred to in subparagraph (C)(ii) or (D) if
the Secretary determines that the carrying out of such activity is in
the national security interest of the United States.
(4)(A) The Secretary may transfer real property and personal
property located at a military installation to be closed or realigned
under this title to the redevelopment authority with respect to the
installation for purposes of job generation on the installation.
(B) The transfer of property located at a military installation
under subparagraph (A) may be for consideration at or below the
estimated fair market value or without consideration. The determination
of such consideration may account for the economic conditions of the
local affected community and the estimated costs to redevelop the
property. The Secretary may accept, as consideration, a share of the
revenues that the redevelopment authority receives from third-party
buyers or lessees from sales and long-term leases of the conveyed
property, consideration in kind (including goods and services), real
property and improvements, or such other consideration as the Secretary
considers appropriate. The transfer of property located at a military
installation under subparagraph (A) may be made for consideration below
the estimated fair market value or without consideration only if the
redevelopment authority with respect to the installation--
(i) agrees that the proceeds from any sale or lease of the
property (or any portion thereof) received by the redevelopment
authority during at least the first seven years after the date
of the initial transfer of property under subparagraph (A)
shall be used to support the economic redevelopment of, or
related to, the installation; and
(ii) executes the agreement for transfer of the property
and accepts control of the property within a reasonable time
after the date of the property disposal record of decision or
finding of no significant impact under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(C) For purposes of subparagraph (B)(i), the use of proceeds from a
sale or lease described in such subparagraph to pay for, or offset the
costs of, public investment on or related to the installation for any
of the following purposes shall be considered a use to support the
economic redevelopment of, or related to, the installation:
(i) Road construction.
(ii) Transportation management facilities.
(iii) Storm and sanitary sewer construction.
(iv) Police and fire protection facilities and other public
facilities.
(v) Utility construction.
(vi) Building rehabilitation.
(vii) Historic property preservation.
(viii) Pollution prevention equipment or facilities.
(ix) Demolition.
(x) Disposal of hazardous materials generated by
demolition.
(xi) Landscaping, grading, and other site or public
improvements.
(xii) Planning for or the marketing of the development and
reuse of the installation.
(D) The Secretary may recoup from a redevelopment authority such
portion of the proceeds from a sale or lease described in subparagraph
(B) as the Secretary determines appropriate if the redevelopment
authority does not use the proceeds to support economic redevelopment
of, or related to, the installation for the period specified in
subparagraph (B).
(E)(i) The Secretary may transfer real property at an installation
approved for closure or realignment under this title (including
property at an installation approved for realignment which will be
retained by the Department of Defense or another Federal agency after
realignment) to the redevelopment authority for the installation if the
redevelopment authority agrees to lease, directly upon transfer, one or
more portions of the property transferred under this subparagraph to
the Secretary or to the head of another department or agency of the
Federal Government. Subparagraph (B) shall apply to a transfer under
this subparagraph.
(ii) A lease under clause (i) shall be for a term of not to exceed
50 years, but may provide for options for renewal or extension of the
term by the department or agency concerned.
(iii) A lease under clause (i) may not require rental payments by
the United States.
(iv) A lease under clause (i) shall include a provision specifying
that if the department or agency concerned ceases requiring the use of
the leased property before the expiration of the term of the lease, the
remainder of the lease term may be satisfied by the same or another
department or agency of the Federal Government using the property for a
use similar to the use under the lease. Exercise of the authority
provided by this clause shall be made in consultation with the
redevelopment authority concerned.
(v) Notwithstanding clause (iii), if a lease under clause (i)
involves a substantial portion of the installation, the department or
agency concerned may obtain facility services for the leased property
and common area maintenance from the redevelopment authority or the
redevelopment authority's assignee as a provision of the lease. The
facility services and common area maintenance shall be provided at a
rate no higher than the rate charged to non-Federal tenants of the
transferred property. Facility services and common area maintenance
covered by the lease shall not include--
(I) municipal services that a State or local government is
required by law to provide to all landowners in its
jurisdiction without direct charge; or
(II) firefighting or security-guard functions.
(F) The transfer of personal property under subparagraph (A) shall
not be subject to the provisions of subchapters II and III of chapter 5
of title 40, United States Code, if the Secretary determines that the
transfer of such property is necessary for the effective implementation
of a redevelopment plan with respect to the installation at which such
property is located.
(G) The provisions of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)) shall apply to any transfer of real property under this
paragraph.
(H) The Secretary may require any additional terms and conditions
in connection with a transfer under this paragraph as such Secretary
considers appropriate to protect the interests of the United States.
(5)(A) Except as provided in subparagraphs (B) and (C), the
Secretary shall take such actions as the Secretary determines necessary
to ensure that final determinations under paragraph (1) regarding
whether another department or agency of the Federal Government has
identified a use for any portion of a military installation to be
closed or realigned under this title, or will accept transfer of any
portion of such installation, are made not later than 6 months after
the date of approval of closure or realignment of that installation.
(B) The Secretary may, in consultation with the redevelopment
authority with respect to an installation, postpone making the final
determinations referred to in subparagraph (A) with respect to the
installation for such period as the Secretary determines appropriate if
the Secretary determines that such postponement is in the best
interests of the communities affected by the closure or realignment of
the installation.
(C)(i) Before acquiring non-Federal real property as the location
for a new or replacement Federal facility of any type, the head of the
Federal agency acquiring the property shall consult with the Secretary
regarding the feasibility and cost advantages of using Federal property
or facilities at a military installation closed or realigned or to be
closed or realigned under this title as the location for the new or
replacement facility. In considering the availability and suitability
of a specific military installation, the Secretary and the head of the
Federal agency involved shall obtain the concurrence of the
redevelopment authority with respect to the installation and comply
with the redevelopment plan for the installation.
(ii) Not later than 30 days after acquiring non-Federal real
property as the location for a new or replacement Federal facility, the
head of the Federal agency acquiring the property shall submit to
Congress a report containing the results of the consultation under
clause (i) and the reasons why military installations referred to in
such clause that are located within the area to be served by the new or
replacement Federal facility or within a 200-mile radius of the new or
replacement facility, whichever area is greater, were considered to be
unsuitable or unavailable for the site of the new or replacement
facility.
(6)(A) The disposal of buildings and property located at
installations approved for closure or realignment under this title
shall be carried out in accordance with this paragraph.
(B)(i) Not later than the date on which the Secretary of Defense
completes the final determinations referred to in paragraph (5)
relating to the use or transferability of any portion of an
installation covered by this paragraph, the Secretary shall--
(I) identify the buildings and property at the installation
for which the Department of Defense has a use, for which
another department or agency of the Federal Government has
identified a use, or of which another department or agency will
accept a transfer;
(II) take such actions as are necessary to identify any
building or property at the installation not identified under
subclause (I) that is excess property or surplus property;
(III) submit to the Secretary of Housing and Urban
Development and to the redevelopment authority for the
installation (or the chief executive officer of the State in
which the installation is located if there is no redevelopment
authority for the installation at the completion of the
determination described in the stem of this sentence)
information on any building or property that is identified
under subclause (II); and
(IV) publish in the Federal Register and in a newspaper of
general circulation in the communities in the vicinity of the
installation information on the buildings and property
identified under subclause (II).
(ii) Upon the recognition of a redevelopment authority for an
installation covered by this paragraph, the Secretary of Defense shall
publish in the Federal Register and in a newspaper of general
circulation in the communities in the vicinity of the installation
information on the redevelopment authority.
(C)(i) State and local governments, representatives of the
homeless, and other interested parties located in the communities in
the vicinity of an installation covered by this paragraph shall submit
to the redevelopment authority for the installation a notice of the
interest, if any, of such governments, representatives, and parties in
the buildings or property, or any portion thereof, at the installation
that are identified under subparagraph (B)(i)(II). A notice of interest
under this clause shall describe the need of the government,
representative, or party concerned for the buildings or property
covered by the notice.
(ii) The redevelopment authority for an installation shall assist
the governments, representatives, and parties referred to in clause (i)
in evaluating buildings and property at the installation for purposes
of this subparagraph.
(iii) In providing assistance under clause (ii), a redevelopment
authority shall--
(I) consult with representatives of the homeless in the
communities in the vicinity of the installation concerned; and
(II) undertake outreach efforts to provide information on
the buildings and property to representatives of the homeless,
and to other persons or entities interested in assisting the
homeless, in such communities.
(iv) It is the sense of Congress that redevelopment authorities
should begin to conduct outreach efforts under clause (iii)(II) with
respect to an installation as soon as is practicable after the date of
approval of closure or realignment of the installation.
(D)(i) State and local governments, representatives of the
homeless, and other interested parties shall submit a notice of
interest to a redevelopment authority under subparagraph (C) not later
than the date specified for such notice by the redevelopment authority.
(ii) The date specified under clause (i) shall be--
(I) in the case of an installation for which a
redevelopment authority has been recognized as of the date of
the completion of the determinations referred to in paragraph
(5), not earlier than 3 months and not later than 6 months
after the date of publication of such determination in a
newspaper of general circulation in the communities in the
vicinity of the installation under subparagraph (B)(i)(IV); and
(II) in the case of an installation for which a
redevelopment authority is not recognized as of such date, not
earlier than 3 months and not later than 6 months after the
date of the recognition of a redevelopment authority for the
installation.
(iii) Upon specifying a date for an installation under this
subparagraph, the redevelopment authority for the installation shall--
(I) publish the date specified in a newspaper of general
circulation in the communities in the vicinity of the
installation concerned; and
(II) notify the Secretary of Defense of the date.
(E)(i) In submitting to a redevelopment authority under
subparagraph (C) a notice of interest in the use of buildings or
property at an installation to assist the homeless, a representative of
the homeless shall submit the following:
(I) A description of the homeless assistance program that
the representative proposes to carry out at the installation.
(II) An assessment of the need for the program.
(III) A description of the extent to which the program is
or will be coordinated with other homeless assistance programs
in the communities in the vicinity of the installation.
(IV) A description of the buildings and property at the
installation that are necessary in order to carry out the
program.
(V) A description of the financial plan, the organization,
and the organizational capacity of the representative to carry
out the program.
(VI) An assessment of the time required in order to
commence carrying out the program.
(ii) A redevelopment authority may not release to the public any
information submitted to the redevelopment authority under clause
(i)(V) without the consent of the representative of the homeless
concerned unless such release is authorized under Federal law and under
the law of the State and communities in which the installation
concerned is located.
(F)(i) The redevelopment authority for each installation covered by
this paragraph shall prepare a redevelopment plan for the installation.
The redevelopment authority shall, in preparing the plan, consider the
interests in the use to assist the homeless of the buildings and
property at the installation that are expressed in the notices
submitted to the redevelopment authority under subparagraph (C).
(ii)(I) In connection with a redevelopment plan for an
installation, a redevelopment authority and representatives of the
homeless shall prepare legally binding agreements that provide for the
use to assist the homeless of buildings and property, resources, and
assistance on or off the installation. The implementation of such
agreements shall be contingent upon the decision regarding the disposal
of the buildings and property covered by the agreements by the
Secretary of Defense under subparagraph (K) or (L).
(II) Agreements under this clause shall provide for the reversion
to the redevelopment authority concerned, or to such other entity or
entities as the agreements shall provide, of buildings and property
that are made available under this paragraph for use to assist the
homeless in the event that such buildings and property cease being used
for that purpose.
(iii) A redevelopment authority shall provide opportunity for
public comment on a redevelopment plan before submission of the plan to
the Secretary of Defense and the Secretary of Housing and Urban
Development under subparagraph (G).
(iv) A redevelopment authority shall complete preparation of a
redevelopment plan for an installation and submit the plan under
subparagraph (G) not later than 9 months after the date specified by
the redevelopment authority for the installation under subparagraph
(D).
(G)(i) Upon completion of a redevelopment plan under subparagraph
(F), a redevelopment authority shall submit an application containing
the plan to the Secretary of Defense and to the Secretary of Housing
and Urban Development.
(ii) A redevelopment authority shall include in an application
under clause (i) the following:
(I) A copy of the redevelopment plan, including a summary
of any public comments on the plan received by the
redevelopment authority under subparagraph (F)(iii).
(II) A copy of each notice of interest of use of buildings
and property to assist the homeless that was submitted to the
redevelopment authority under subparagraph (C), together with a
description of the manner, if any, in which the plan addresses
the interest expressed in each such notice and, if the plan
does not address such an interest, an explanation why the plan
does not address the interest.
(III) A summary of the outreach undertaken by the
redevelopment authority under subparagraph (C)(iii)(II) in
preparing the plan.
(IV) A statement identifying the representatives of the
homeless and the homeless assistance planning boards, if any,
with which the redevelopment authority consulted in preparing
the plan, and the results of such consultations.
(V) An assessment of the manner in which the redevelopment
plan balances the expressed needs of the homeless and the need
of the communities in the vicinity of the installation for
economic redevelopment and other development.
(VI) Copies of the agreements that the redevelopment
authority proposes to enter into under subparagraph (F)(ii).
(H)(i) Not later than 60 days after receiving a redevelopment plan
under subparagraph (G), the Secretary of Housing and Urban Development
shall complete a review of the plan. The purpose of the review is to
determine whether the plan, with respect to the expressed interest and
requests of representatives of the homeless--
(I) takes into consideration the size and nature of the
homeless population in the communities in the vicinity of the
installation, the availability of existing services in such
communities to meet the needs of the homeless in such
communities, and the suitability of the buildings and property
covered by the plan for the use and needs of the homeless in
such communities;
(II) takes into consideration any economic impact of the
homeless assistance under the plan on the communities in the
vicinity of the installation;
(III) balances in an appropriate manner the needs of the
communities in the vicinity of the installation for economic
redevelopment and other development with the needs of the
homeless in such communities;
(IV) was developed in consultation with representatives of
the homeless and the homeless assistance planning boards, if
any, in the communities in the vicinity of the installation;
and
(V) specifies the manner in which buildings and property,
resources, and assistance on or off the installation will be
made available for homeless assistance purposes.
(ii) It is the sense of Congress that the Secretary of Housing and
Urban Development shall, in completing the review of a plan under this
subparagraph, take into consideration and be receptive to the
predominant views on the plan of the communities in the vicinity of the
installation covered by the plan.
(iii) The Secretary of Housing and Urban Development may engage in
negotiations and consultations with a redevelopment authority before or
during the course of a review under clause (i) with a view toward
resolving any preliminary determination of the Secretary that a
redevelopment plan does not meet a requirement set forth in that
clause. The redevelopment authority may modify the redevelopment plan
as a result of such negotiations and consultations.
(iv) Upon completion of a review of a redevelopment plan under
clause (i), the Secretary of Housing and Urban Development shall notify
the Secretary of Defense and the redevelopment authority concerned of
the determination of the Secretary of Housing and Urban Development
under that clause.
(v) If the Secretary of Housing and Urban Development determines as
a result of such a review that a redevelopment plan does not meet the
requirements set forth in clause (i), a notice under clause (iv) shall
include--
(I) an explanation of that determination; and
(II) a statement of the actions that the redevelopment
authority must undertake in order to address that
determination.
(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a
determination that a redevelopment plan does not meet a requirement set
forth in subparagraph (H)(i), a redevelopment authority shall have the
opportunity to--
(I) revise the plan in order to address the determination;
and
(II) submit the revised plan to the Secretary of Defense
and the Secretary of Housing and Urban Development.
(ii) A redevelopment authority shall submit a revised plan under
this subparagraph to such Secretaries, if at all, not later than 90
days after the date on which the redevelopment authority receives the
notice referred to in clause (i).
(J)(i) Not later than 30 days after receiving a revised
redevelopment plan under subparagraph (I), the Secretary of Housing and
Urban Development shall review the revised plan and determine if the
plan meets the requirements set forth in subparagraph (H)(i).
(ii) The Secretary of Housing and Urban Development shall notify
the Secretary of Defense and the redevelopment authority concerned of
the determination of the Secretary of Housing and Urban Development
under this subparagraph.
(K)(i) Upon receipt of a notice under subparagraph (H)(iv) or
(J)(ii) of the determination of the Secretary of Housing and Urban
Development that a redevelopment plan for an installation meets the
requirements set forth in subparagraph (H)(i), the Secretary of Defense
shall dispose of the buildings and property at the installation.
(ii) For purposes of carrying out an environmental assessment of
the closure or realignment of an installation, the Secretary of Defense
shall treat the redevelopment plan for the installation (including the
aspects of the plan providing for disposal to State or local
governments, representatives of the homeless, and other interested
parties) as part of the proposed Federal action for the installation.
(iii) The Secretary of Defense shall dispose of buildings and
property under clause (i) in accordance with the record of decision or
other decision document prepared by the Secretary in accordance with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
In preparing the record of decision or other decision document, the
Secretary shall give substantial deference to the redevelopment plan
concerned.
(iv) The disposal under clause (i) of buildings and property to
assist the homeless shall be without consideration.
(v) In the case of a request for a conveyance under clause (i) of
buildings and property for public benefit under section 550 of title
40, United States Code, or sections 47151 through 47153 of title 49,
United States Code, the sponsoring Federal agency shall use the
eligibility criteria set forth in such section or subchapter II of
chapter 471 of title 49, United States Code (as the case may be) to
determine the eligibility of the applicant and use proposed in the
request for the public benefit conveyance. The determination of such
eligibility should be made before submission of the redevelopment plan
concerned under subparagraph (G).
(L)(i) If the Secretary of Housing and Urban Development determines
under subparagraph (J) that a revised redevelopment plan for an
installation does not meet the requirements set forth in subparagraph
(H)(i), or if no revised plan is so submitted, that Secretary shall--
(I) review the original redevelopment plan submitted to
that Secretary under subparagraph (G), including the notice or
notices of representatives of the homeless referred to in
clause (ii)(II) of that subparagraph;
(II) consult with the representatives referred to in
subclause (I), if any, for purposes of evaluating the
continuing interest of such representatives in the use of
buildings or property at the installation to assist the
homeless;
(III) request that each such representative submit to that
Secretary the items described in clause (ii); and
(IV) based on the actions of that Secretary under
subclauses (I) and (II), and on any information obtained by
that Secretary as a result of such actions, indicate to the
Secretary of Defense the buildings and property at the
installation that meet the requirements set forth in
subparagraph (H)(i).
(ii) The Secretary of Housing and Urban Development may request
under clause (i)(III) that a representative of the homeless submit to
that Secretary the following:
(I) A description of the program of such representative to
assist the homeless.
(II) A description of the manner in which the buildings and
property that the representative proposes to use for such
purpose will assist the homeless.
(III) Such information as that Secretary requires in order
to determine the financial capacity of the representative to
carry out the program and to ensure that the program will be
carried out in compliance with Federal environmental law and
Federal law against discrimination.
(IV) A certification that police services, fire protection
services, and water and sewer services available in the
communities in the vicinity of the installation concerned are
adequate for the program.
(iii) Not later than 90 days after the date of the receipt of a
revised plan for an installation under subparagraph (J), the Secretary
of Housing and Urban Development shall--
(I) notify the Secretary of Defense and the redevelopment
authority concerned of the buildings and property at an
installation under clause (i)(IV) that the Secretary of Housing
and Urban Development determines are suitable for use to assist
the homeless; and
(II) notify the Secretary of Defense of the extent to which
the revised plan meets the criteria set forth in subparagraph
(H)(i).
(iv)(I) Upon notice from the Secretary of Housing and Urban
Development with respect to an installation under clause (iii), the
Secretary of Defense shall dispose of buildings and property at the
installation in consultation with the Secretary of Housing and Urban
Development and the redevelopment authority concerned.
(II) For purposes of carrying out an environmental assessment of
the closure or realignment of an installation, the Secretary of Defense
shall treat the redevelopment plan submitted by the redevelopment
authority for the installation (including the aspects of the plan
providing for disposal to State or local governments, representatives
of the homeless, and other interested parties) as part of the proposed
Federal action for the installation. The Secretary of Defense shall
incorporate the notification of the Secretary of Housing and Urban
Development under clause (iii)(I) as part of the proposed Federal
action for the installation only to the extent, if any, that the
Secretary of Defense considers such incorporation to be appropriate and
consistent with the best and highest use of the installation as a
whole, taking into consideration the redevelopment plan submitted by
the redevelopment authority.
(III) The Secretary of Defense shall dispose of buildings and
property under subclause (I) in accordance with the record of decision
or other decision document prepared by the Secretary in accordance with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
In preparing the record of decision or other decision document, the
Secretary shall give deference to the redevelopment plan submitted by
the redevelopment authority for the installation.
(IV) The disposal under subclause (I) of buildings and property to
assist the homeless shall be without consideration.
(V) In the case of a request for a conveyance under subclause (I)
of buildings and property for public benefit under section 550 of title
40, United States Code, or sections 47151 through 47153 of title 49,
United States Code, the sponsoring Federal agency shall use the
eligibility criteria set forth in such section or subchapter II of
chapter 471 of title 49, United States Code (as the case may be) to
determine the eligibility of the applicant and use proposed in the
request for the public benefit conveyance. The determination of such
eligibility should be made before submission of the redevelopment plan
concerned under subparagraph (G).
(M)(i) In the event of the disposal of buildings and property of an
installation pursuant to subparagraph (K) or (L), the redevelopment
authority for the installation shall be responsible for the
implementation of and compliance with agreements under the
redevelopment plan described in that subparagraph for the installation.
(ii) If a building or property reverts to a redevelopment authority
under such an agreement, the redevelopment authority shall take
appropriate actions to secure, to the maximum extent practicable, the
utilization of the building or property by other homeless
representatives to assist the homeless. A redevelopment authority may
not be required to utilize the building or property to assist the
homeless.
(N) The Secretary of Defense may postpone or extend any deadline
provided for under this paragraph in the case of an installation
covered by this paragraph for such period as the Secretary considers
appropriate if the Secretary determines that such postponement is in
the interests of the communities affected by the closure or realignment
of the installation. The Secretary shall make such determinations in
consultation with the redevelopment authority concerned and, in the
case of deadlines provided for under this paragraph with respect to the
Secretary of Housing and Urban Development, in consultation with the
Secretary of Housing and Urban Development.
(O) For purposes of this paragraph, the term ``communities in the
vicinity of the installation'', in the case of an installation, means
the communities that constitute the political jurisdictions (other than
the State in which the installation is located) that comprise the
redevelopment authority for the installation.
(P) For purposes of this paragraph, the term ``other interested
parties'', in the case of an installation, includes any parties
eligible for the conveyance of property of the installation under
section 550 of title 40, United States Code, or sections 47151 through
47153 of title 49, United States Code, whether or not the parties
assist the homeless.
(7)(A) Subject to subparagraph (C), the Secretary may enter into
agreements (including contracts, cooperative agreements, or other
arrangements for reimbursement) with local governments for the
provision of police or security services, fire protection services,
airfield operation services, or other community services by such
governments at military installations to be closed under this title, or
at facilities not yet transferred or otherwise disposed of in the case
of installations closed under this title, if the Secretary determines
that the provision of such services under such agreements is in the
best interests of the Department of Defense.
(B) The Secretary may exercise the authority provided under this
paragraph without regard to the provisions of chapter 146 of title 10,
United States Code.
(C) The Secretary may not exercise the authority under subparagraph
(A) with respect to an installation earlier than 180 days before the
date on which the installation is to be closed.
(D) The Secretary shall include in a contract for services entered
into with a local government under this paragraph a clause that
requires the use of professionals to furnish the services to the extent
that professionals are available in the area under the jurisdiction of
such government.
(c) Applicability of National Environmental Policy Act of 1969.--
(1) The provisions of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) shall not apply to the actions of the President,
the Commission, and, except as provided in paragraph (2), the
Department of Defense in carrying out this title.
(2)(A) The provisions of the National Environmental Policy Act of
1969 shall apply to actions of the Department of Defense under this
title (i) during the process of property disposal, and (ii) during the
process of relocating functions from a military installation being
closed or realigned to another military installation after the
receiving installation has been selected but before the functions are
relocated.
(B) In applying the provisions of the National Environmental Policy
Act of 1969 to the processes referred to in subparagraph (A), the
Secretary of Defense and the Secretary of the military departments
concerned shall not have to consider--
(i) the need for closing or realigning the military
installation which has been recommended for closure or
realignment by the Commission;
(ii) the need for transferring functions to any military
installation which has been selected as the receiving
installation; or
(iii) military installations alternative to those
recommended or selected.
(3) A civil action for judicial review, with respect to any
requirement of the National Environmental Policy Act of 1969 to the
extent such Act is applicable under paragraph (2), of any act or
failure to act by the Department of Defense during the closing,
realigning, or relocating of functions referred to in clauses (i) and
(ii) of paragraph (2)(A), may not be brought more than 60 days after
the date of such act or failure to act.
(d) Waiver.--The Secretary of Defense may close or realign military
installations under this title without regard to--
(1) any provision of law restricting the use of funds for
closing or realigning military installations included in any
appropriations or authorization Act; and
(2) sections 2662 and 2687 of title 10, United States Code.
(e) Transfer Authority in Connection With Payment of Environmental
Remediation Costs.--(1)(A) Subject to paragraph (2) of this subsection
and section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), the
Secretary may enter into an agreement to transfer by deed real property
or facilities referred to in subparagraph (B) with any person who
agrees to perform all environmental restoration, waste management, and
environmental compliance activities that are required for the property
or facilities under Federal and State laws, administrative decisions,
agreements (including schedules and milestones), and concurrences.
(B) The real property and facilities referred to in subparagraph
(A) are the real property and facilities located at an installation
closed or to be closed, or realigned or to be realigned, under this
title that are available exclusively for the use, or expression of an
interest in a use, of a redevelopment authority under subsection
(b)(6)(F) during the period provided for that use, or expression of
interest in use, under that subsection. The real property and
facilities referred to in subparagraph (A) are also the real property
and facilities located at an installation approved for closure or
realignment under this title after 2001 that are available for purposes
other than to assist the homeless.
(C) The Secretary may require any additional terms and conditions
in connection with an agreement authorized by subparagraph (A) as the
Secretary considers appropriate to protect the interests of the United
States.
(2) A transfer of real property or facilities may be made under
paragraph (1) only if the Secretary certifies to Congress that--
(A) the costs of all environmental restoration, waste
management, and environmental compliance activities otherwise
to be paid by the Secretary with respect to the property or
facilities are equal to or greater than the fair market value
of the property or facilities to be transferred, as determined
by the Secretary; or
(B) if such costs are lower than the fair market value of
the property or facilities, the recipient of the property or
facilities agrees to pay the difference between the fair market
value and such costs.
(3) In the case of property or facilities covered by a
certification under paragraph (2)(A), the Secretary may pay the
recipient of such property or facilities an amount equal to the lesser
of--
(A) the amount by which the costs incurred by the recipient
of such property or facilities for all environmental
restoration, waste, management, and environmental compliance
activities with respect to such property or facilities exceed
the fair market value of such property or facilities as
specified in such certification; or
(B) the amount by which the costs (as determined by the
Secretary) that would otherwise have been incurred by the
Secretary for such restoration, management, and activities with
respect to such property or facilities exceed the fair market
value of such property or facilities as so specified.
(4) As part of an agreement under paragraph (1), the Secretary
shall disclose to the person to whom the property or facilities will be
transferred any information of the Secretary regarding the
environmental restoration, waste management, and environmental
compliance activities described in paragraph (1) that relate to the
property or facilities. The Secretary shall provide such information
before entering into the agreement.
(5) Nothing in this subsection shall be construed to modify, alter,
or amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
(6) Section 330 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) shall not
apply to any transfer under this subsection to persons or entities
described in subsection (a)(2) of such section 330, except in the case
of releases or threatened releases not disclosed pursuant to paragraph
(4).
SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2016.
(a) In General.--(1) If the Secretary makes the certifications
required under section 2903(b), there shall be established on the books
of the Treasury an account to be known as the ``Department of Defense
Base Closure Account 2016'' (in this section referred to as the
``Account''). The Account shall be administered by the Secretary as a
single account.
(2) There shall be deposited into the Account--
(A) funds authorized for and appropriated to the Account;
(B) any funds that the Secretary may, subject to approval
in an appropriation Act, transfer to the Account from funds
appropriated to the Department of Defense for any purpose,
except that such funds may be transferred only after the date
on which the Secretary transmits written notice of, and
justification for, such transfer to the con-gressional defense
committees; and
(C) except as provided in subsection (d), proceeds received
from the lease, transfer, or disposal of any property at a
military installation that is closed or realigned under this
title.
(3) The Account shall be closed at the time and in the manner
provided for appropriation accounts under section 1555 of title 31,
United States Code. Unobligated funds which remain in the Account upon
closure shall be held by the Secretary of the Treasury until
transferred by law after the congressional defense committees receive
the final report transmitted under subsection (c)(2).
(b) Use of Funds.--(1) The Secretary may use the funds in the
Account only for the purposes described in section 2905 with respect to
military installations approved for closure or realignment under this
title.
(2) When a decision is made to use funds in the Account to carry
out a construction project under section 2905(a) and the cost of the
project will exceed the maximum amount authorized by law for a minor
military construction project, the Secretary shall notify in writing
the congressional defense committees of the nature of, and
justification for, the project and the amount of expenditures for such
project. Any such construction project may be carried out without
regard to section 2802(a) of title 10, United States Code.
(c) Reports.--(1)(A) No later than 60 days after the end of each
fiscal year in which the Secretary carries out activities under this
title using amounts in the Account, the Secretary shall transmit a
report to the congressional defense committees of--
(i) the amount and nature of the deposits into, and the
expenditures from, the Account during such fiscal year;
(ii) the amount and nature of other expenditures made
pursuant to section 2905(a) during such fiscal year;
(iii) the amount and nature of anticipated deposits to be
made into, and the anticipated expenditures to be made from,
the Account during the first fiscal year commencing after the
submission of the report; and
(iv) the amount and nature of anticipated expenditures to
be made pursuant to section 2905(a) during the first fiscal
year commencing after the submission of the report.
(B) The report for a fiscal year shall include the following:
(i) The obligations and expenditures from the Account
during the fiscal year, identified by subaccount and
installation, for each military department and Defense Agency.
(ii) The fiscal year in which appropriations for such
expenditures were made and the fiscal year in which finds were
obligated for such expenditures.
(iii) Each military construction project for which such
obligations and expenditures were made, identified by
installation and project title.
(iv) A description and explanation of the extent, if any,
to which expenditures for military construction projects for
the fiscal year differed from proposals for projects and
funding levels that were included in the justification
transmitted to Congress under section 2907(1), or otherwise,
for the funding proposals for the Account for such fiscal year,
including an explanation of--
(I) any failure to carry out military construction
projects that were so proposed; and
(II) any expenditures for military construction
projects that were not so proposed.
(v) An estimate of the net revenues to be received from
property disposals to be completed during the first fiscal year
commencing after the submission of the report at military
installations approved for closure or realignment under this
title.
(2) No later than 60 days after the closure of the Account under
subsection (a)(3), the Secretary shall transmit to the congressional
defense committees a report containing an accounting of--
(A) all the funds deposited into and expended from the
Account or otherwise expended under this title with respect to
such installations; and
(B) any amount remaining in the Account.
(d) Disposal or Transfer of Commissary Stores and Property
Purchased With Nonappropriated Funds.--(1) If any real property or
facility acquired, constructed, or improved (in whole or in part) with
commissary store funds or nonappropriated funds is transferred or
disposed of in connection with the closure or realignment of a military
installation under this title, a portion of the proceeds of the
transfer or other disposal of property on that installation shall be
deposited in the reserve account established under section 204(b)(7)(C)
of the Defense Authorization Amendments and Base Closure and
Realignment Act (10 U.S.C. 2687 note).
(2) The amount so deposited shall be equal to the depreciated value
of the investment made with such funds in the acquisition,
construction, or improvement of that particular real property or
facility. The depreciated value of the investment shall be computed in
accordance with regulations prescribed by the Secretary.
(3) The Secretary may use amounts in the reserve account, without
further appropriation, for the purpose of acquiring, constructing, and
improving--
(A) commissary stores; and
(B) real property and facilities for nonappropriated fund
instrumentalities.
(4) As used in this subsection:
(A) The term ``commissary store funds'' means funds
received from the adjustment of, or surcharge on, selling
prices at commissary stores fixed under section 2685 of title
10, United States Code.
(B) The term ``nonappropriated funds'' means funds received
from a nonappropriated fund instrumentality.
(C) The term ``nonappropriated fund instrumentality'' means
an instrumentality of the United States under the jurisdiction
of the Armed Forces (including the Army and Air Force Exchange
Service, the Navy Resale and Services Support Office, and the
Marine Corps exchanges) which is conducted for the comfort,
pleasure, contentment, or physical or mental improvement of
members of the Armed Forces.
(e) Account Exclusive Source of Funds for Environmental Restoration
Projects.--Except for funds deposited into the Account under subsection
(a), funds appropriated to the Department of Defense may not be used
for purposes described in section 2905(a)(1)(C). The prohibition in
this subsection shall expire upon the closure of the Account under
subsection (a)(3).
(f) Authorized Cost and Scope of Work Variations.--(1) Subject to
paragraphs (2) and (3), the cost authorized for a military construction
project or military family housing project to be carried out using
funds in the Account may not be increased or reduced by more than 20
percent or $2,000,000, whichever is less, of the amount specified for
the project in the conference report to accompany the Military
Construction Authorization Act authorizing the project. The scope of
work for such a project may not be reduced by more than 25 percent from
the scope specified in the most recent budget documents for the
projects listed in such conference report.
(2) Paragraph (1) shall not apply to a military construction
project or military family housing project to be carried out using
funds in the Account with an estimated cost of less than $5,000,000,
unless the project has not been previously identified in any budget
submission for the Account and exceeds the applicable minor
construction threshold under section 2805 of title 10, United States
Code.
(3) The limitation on cost or scope variation in paragraph (1)
shall not apply if the Secretary of Defense makes a determination that
an increase or reduction in cost or a reduction in the scope of work
for a military construction project or military family housing project
to be carried out using funds in the Account needs to be made for the
sole purpose of meeting unusual variations in cost or scope. If the
Secretary makes such a determination, the Secretary shall notify the
congressional defense committees of the variation in cost or scope not
later than 21 days before the date on which the variation is made in
connection with the project or, if the notification is provided in an
electronic medium pursuant to section 480 of title 10, United States
Code, not later than 14 days before the date on which the variation is
made. The Secretary shall include the reasons for the variation in the
notification.
SEC. 2907. REPORTS.
(a) Reporting Requirement.--As part of the budget request for
fiscal year 2021 and for each fiscal year thereafter through fiscal
year 2032 for the Department of Defense, the Secretary shall transmit
to the congressional defense committees--
(1) a schedule of the closure actions to be carried out
under this title in the fiscal year for which the request is
made and an estimate of the total expenditures required and
cost savings to be achieved by each such closure and of the
time period in which these savings are to be achieved in each
case, together with the Secretary's assessment of the
environmental effects of such actions;
(2) a description of the military installations, including
those under construction and those planned for construction, to
which functions are to be transferred as a result of such
closures, together with the Secretary's assessment of the
environmental effects of such transfers;
(3) a description of the closure actions already carried
out at each military installation since the date of the
installation's approval for closure under this title and the
current status of the closure of the installation, including
whether--
(A) a redevelopment authority has been recognized
by the Secretary for the installation;
(B) the screening of property at the installation
for other Federal use has been completed; and
(C) a redevelopment plan has been agreed to by the
redevelopment authority for the installation;
(4) a description of redevelopment plans for military
installations approved for closure under this title, the
quantity of property remaining to be disposed of at each
installation as part of its closure, and the quantity of
property already disposed of at each installation;
(5) a list of the Federal agencies that have requested
property during the screening process for each military
installation approved for closure under this title, including
the date of transfer or anticipated transfer of the property to
such agencies, the acreage involved in such transfers, and an
explanation for any delays in such transfers;
(6) a list of known environmental remediation issues at
each military installation approved for closure under this
title, including the acreage affected by these issues, an
estimate of the cost to complete such environmental
remediation, and the plans (and timelines) to address such
environmental remediation; and
(7) an estimate of the date for the completion of all
closure actions at each military installation approved for
closure or realignment under this title.
SEC. 2908. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.
(a) Terms of the Resolution.--For purposes of section 2904(b), the
term ``joint resolution'' means only a joint resolution which is
introduced within the 10-day period beginning on the date on which the
President transmits the report to the Congress under section 2903(j),
and--
(1) which does not have a preamble;
(2) the matter after the resolving clause of which is as
follows: ``That Congress disapproves the recommendations of the
Defense Base Closure and Realignment Commission as submitted by
the President on '' the blank space being filled in with
the appropriate date; and
(3) the title of which is as follows: ``Joint resolution
disapproving the recommendations of the Defense Base Closure
and Realignment Commission.''.
(b) Referral.--A resolution described in subsection (a) that is
introduced in the House of Representatives shall be referred to the
Committee on Armed Services of the House of Representatives. A
resolution described in subsection (a) introduced in the Senate shall
be referred to the Committee on Armed Services of the Senate.
(c) Discharge.--If the committee to which a resolution described in
subsection (a) is referred has not reported such a resolution (or an
identical resolution) by the end of the 20-day period beginning on the
date on which the President transmits the report to the Congress under
section 2903(j), such committee shall be, at the end of such period,
discharged from further consideration of such resolution, and such
resolution shall be placed on the appropriate calendar of the House
involved.
(d) Consideration.--(1) On or after the third day after the date on
which the committee to which such a resolution is referred has
reported, or has been discharged (under subsection (c)) from further
consideration of, such a resolution, it is in order (even though a
previous motion to the same effect has been disagreed to) for any
Member of the respective House to move to proceed to the consideration
of the resolution. A member may make the motion only on the day after
the calendar day on which the Member announces to the House concerned
the Member's intention to make the motion, except that, in the case of
the House of Representatives, the motion may be made without such prior
announcement if the motion is made by direction of the committee to
which the resolution was referred. All points of order against the
resolution (and against consideration of the resolution) are waived.
The motion is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is not
subject to amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall not be
in order. If a motion to proceed to the consideration of the resolution
is agreed to, the respective House shall immediately proceed to
consideration of the joint resolution without intervening motion,
order, or other business, and the resolution shall remain the
unfinished business of the respective House until disposed of.
(2) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than 2
hours, which shall be divided equally between those favoring and those
opposing the resolution. An amendment to the resolution is not in
order. A motion further to limit debate is in order and not debatable.
A motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the resolution is not in order.
A motion to reconsider the vote by which the resolution is agreed to or
disagreed to is not in order.
(3) Immediately following the conclusion of the debate on a
resolution described in subsection (a) and a single quorum call at the
conclusion of the debate if requested in accordance with the rules of
the appropriate House, the vote on final passage of the resolution
shall occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution described
in subsection (a) shall be decided without debate.
(e) Consideration by Other House.--(1) If, before the passage by
one House of a resolution of that House described in subsection (a),
that House receives from the other House a resolution described in
subsection (a), then the following procedures shall apply:
(A) The resolution of the other House shall not be referred
to a committee and may not be considered in the House receiving
it except in the case of final passage as provided in
subparagraph (B)(ii).
(B) With respect to a resolution described in subsection
(a) of the House receiving the resolution--
(i) the procedure in that House shall be the same
as if no resolution had been received from the other
House; but
(ii) the vote on final passage shall be on the
resolution of the other House.
(2) Upon disposition of the resolution received from the other
House, it shall no longer be in order to consider the resolution that
originated in the receiving House.
(f) Rules of the Senate and House.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution described in subsection
(a), and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 2909. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY.
(a) In General.--Except as provided in subsection (c), during the
period beginning on the date of the enactment of this Act, and ending
on April 15, 2020, this title shall be the exclusive authority for
selecting for closure or realignment, or for carrying out any closure
or realignment of, a military installation inside the United States.
(b) Restriction.--Except as provided in subsection (c), none of the
funds available to the Department of Defense may be used, other than
under this title, during the period specified in subsection (a)--
(1) to identify, through any transmittal to the Congress or
through any other public announcement or notification, any
military installation inside the United States as an
installation to be closed or realigned or as an installation
under consideration for closure or realignment; or
(2) to carry out any closure or realignment of a military
installation inside the United States.
(c) Exception.--Nothing in this title affects the authority of the
Secretary to carry out closures and realignments to which section 2687
of title 10, United States Code, is not applicable, including closures
and realignments carried out for reasons of national security or a
military emergency referred to in subsection (c) of such section.
SEC. 2910. DEFINITIONS.
As used in this title:
(1) The term ``Account'' means the Department of Defense
Base Closure Account established by section 2906(a)(1).
(2) The term ``congressional defense committees'' means the
Committee on Armed Services and the Committee on Appropriations
of the Senate and the Committee on Armed Services and the
Committee on Appropriations of the House of Representatives.
(3) The term ``Commission'' means the Commission
established by section 2902.
(4) The term ``military installation'' means a base, camp,
post, station, yard, center, homeport facility for any ship, or
other activity under the jurisdiction of the Department of
Defense, including any leased facility. Such term does not
include any facility used primarily for civil works, rivers and
harbors projects, flood control, or other projects not under
the primary jurisdiction or control of the Department of
Defense.
(5) The term ``realignment'' includes any action which both
reduces and relocates functions and civilian personnel
positions but does not include a reduction in force resulting
from workload adjustments, reduced personnel or funding levels,
or skill imbalances.
(6) The term ``Secretary'' means the Secretary of Defense.
(7) The term ``United States'' means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
the Virgin Islands, American Samoa, and any other commonwealth,
territory, or possession of the United States.
(8) The term ``date of approval'', with respect to a
closure or realignment of an installation, means the date on
which the authority of Congress to disapprove a recommendation
of closure or realignment, as the case may be, of such
installation under this title expires.
(9) The term ``redevelopment authority'', in the case of an
installation to be closed or realigned under this title, means
any entity (including an entity established by a State or local
government) recognized by the Secretary of Defense as the
entity responsible for developing the redevelopment plan with
respect to the installation or for directing the implementation
of such plan.
(10) The term ``redevelopment plan'' in the case of an
installation to be closed or realigned under this title, means
a plan that--
(A) is agreed to by the local redevelopment
authority with respect to the installation; and
(B) provides for the reuse or redevelopment of the
real property and personal property of the installation
that is available for such reuse and redevelopment as a
result of the closure or realignment of the
installation.
(11) The term ``representative of the homeless'' has the
meaning given such term in section 501(i)(4) of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11411(i)(4)).
SEC. 2911. TREATMENT AS A BASE CLOSURE LAW FOR PURPOSES OF OTHER
PROVISIONS OF LAW.
(a) Definition of ``Base Closure Law'' in Title 10.--Section
101(a)(17) of title 10, United States Code, is amended by adding at the
end the following new subparagraph:
``(D) The Defense Base Closure and Realignment Act
of 2016.''.
(b) Definition of ``Base Closure Law'' in Other Laws.--
(1) Section 131(b) of Public Law 107-249 (10 U.S.C. 221
note) is amended by striking ``means'' and all that follows and
inserting ``has the meaning given the term `base closure law'
in section 101(a)(17) of title 10, United States Code.''.
(2) Section 1334(k)(1) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10
U.S.C. 2701 note) is amended by adding at the end the following
new subparagraph:
``(C) The Defense Base Closure and Realignment Act
of 2016.''.
(3) Section 2918(a)(1) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10
U.S.C. 2687 note) is amended by adding at the end the following
new subparagraph:
``(C) The Defense Base Closure and Realignment Act
of 2016.''.
SEC. 2912. CONFORMING AMENDMENTS.
(a) Deposit and Use of Lease Proceeds.--Section 2667(e) of title
10, United States Code, is amended--
(1) in paragraph (5), by striking ``on or after January 1,
2005,'' and inserting ``from January 1, 2005 through December
31, 2005,''; and
(2) by adding at the end the following new paragraph:
``(6) Money rentals received by the United States from a
lease under subsection (g) at a military installation approved
for closure or realignment under a base closure law on or after
January 1, 2006, shall be deposited into the account
established under section 2906 of the Defense Base Closure and
Realignment Act of 2016.''.
(b) Requests by Public Agencies for Property for Public Airports.--
Section 47151(g) of title 49, United States Code, is amended by
striking ``section 2687 of title 10, section 201 of the Defense
Authorization Amendments and Base Closure and Realignment Act (10
U.S.C. 2687 note), or section 2905 of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note)'' and inserting ``a base
closure law, as that term is defined in section 101(a)(17) of title
10,''.
(c) Restored Leave.--Section 6304(d)(3)(A) of title 5, United
States Code, is amended by striking ``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 inserting ``a base closure law, as that term is
defined in section 101(a)(17) of title 10,''.
TITLE XXX--MILITARY CONSTRUCTION FUNDING
SEC. 3001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this title specifies a
dollar amount authorized for a project, program, or activity, the
obligation and expenditure of the specified dollar amount for the
project, program, or activity is hereby authorized, subject to the
availability of appropriations.
(b) Merit-Based Decisions.--A decision to commit, obligate, or
expend funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this title may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under any
other provision of this Act or any other provision of law, unless such
transfer or reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
SEC. 3002. MILITARY CONSTRUCTION TABLE.
------------------------------------------------------------------------
SEC. 3002. MILITARY CONSTRUCTION (In Thousands of Dollars)
-------------------------------------------------------------------------
State/Country FY 2017
Account and Installation Project Title Budget Request
------------------------------------------------------------------------
Alaska
Army Fort Unmanned Aerial $47,000
Wainwright Vehicle Hangar.
California
Army Concord Access Control $12,600
Point.
Colorado
Army Fort Carson Automated Infantry $8,100
Platoon Battle
Course.
Army Fort Carson Unmanned Aerial $5,000
Vehicle Hangar.
Cuba
Army Guantanamo Mass Migration $33,000
Bay Complex.
Georgia
Army Fort Gordon Cyber Protection $90,000
Team Ops Facility.
Army Fort Stewart Automated $14,800
Qualification/
Training Range.
Germany
Army Garmisch Dining Facility... $9,600
Army Wiesbaden Controlled $16,500
Army Humidity
Airfield Warehouse.
Army Wiesbaden Hazardous Material $2,700
Army Storage Building.
Airfield
Army East Camp Training Support $22,000
Grafenwoehr Center.
Hawaii
Army Fort Shafter Command and $40,000
Control Facility,
Incr 2.
Texas
Army Fort Hood Automated Infantry $7,600
Platoon Battle
Course.
Utah
Army Camp Williams Live Fire Exercise $7,400
Shoothouse.
Virginia
Army Fort Belvoir Secure Admin/ $64,000
Operations
Facility, Incr 2.
Worldwide
Unspecified
Location
Army Unspecified Host Nation $18,000
Worldwide Support FY17.
Locations
Army Unspecified Minor Construction $25,000
Worldwide FY17.
Locations
Army Unspecified Planning and $80,159
Worldwide Design FY17.
Locations
Total Military Construction, Army $503,459
.............
Arizona
Navy Yuma VMX-22 Maintenance $48,355
Hangar.
California
Navy Coronado Coastal Campus $13,044
Entry Control
Point.
Navy Coronado Coastal Campus $81,104
Utilities
Infrastructure.
Navy Coronado Grace Hopper Data $10,353
Center Power
Upgrades.
Navy Lemoore F-35C Engine $26,723
Repair Facility.
Navy San Diego Energy Security $6,183
Hospital
Microgrid.
Navy Seal Beach Missile Magazines. $21,007
Florida
Navy Eglin Air WMD Field Training $20,489
Force Base Facilities.
Guam
Navy Joint Region Hardening of Guam $26,975
Marianas POL
Infrastructure.
Navy Joint Region Power Upgrade - $62,210
Marianas Harmon.
Hawaii
Navy Barking Sands Upgrade Power $43,384
Plant &
Electrical
Distrib Sys.
Navy Kaneohe Bay Regimental $72,565
Consolidated Comm/
Elec Facility.
Japan
Navy Kadena Air Aircraft $26,489
Base Maintenance
Complex.
Navy Sasebo Shore Power $16,420
(Juliet Pier).
Maine
Navy Kittery Unaccompanied $17,773
Housing.
Navy Kittery Utility $30,119
Improvements for
Nuclear Platforms.
Maryland
Navy Patuxent UCLASS RDT&E $40,576
River Hangar.
Nevada
Navy Fallon Air Wing Simulator $13,523
Facility.
North Carolina
Navy Cherry Point Central Heating $12,515
Marine Corps Plant Conversion.
Air Station
Navy Camp Lejeune Range Facilities $18,482
Safety
Improvements.
South Carolina
Navy Parris Island Recruit $29,882
Reconditioning
Center & Barracks.
Navy Beaufort Aircraft $83,490
Maintenance
Hangar.
Spain
Navy Rota Communication $23,607
Station.
Washington
Navy Bangor Service Pier $18,939
Electrical
Upgrades.
Navy Bremerton Nuclear Repair $6,704
Facility.
Navy Kitsap Submarine Refit $21,476
Maint Support
Facility.
Navy Whidbey EA-18G Maintenance $45,501
Island Hangar.
Navy Whidbey Triton Mission $30,475
Island Control Facility.
Worldwide
Unspecified
Location
Navy Unspecified Planning and $88,230
Worldwide Design.
Locations
Navy Unspecified Unspecified Minor $29,790
Worldwide Construction.
Locations
Navy Various Triton Forward $41,380
Worldwide Operating Base
Locations Hangar.
Total Military Construction, Navy $1,027,763
................
Alaska
AF Clear Air Fire Station...... $20,000
Force
Station
AF Eielson Air F-35A ADAL Field $22,100
Force Base Training
Detachment Fac.
AF Eielson Air F-35A Aircraft $82,300
Force Base Weather Shelter
(Sqd 2).
AF Eielson Air F-35A Aircraft $79,500
Force Base Weather Shelters
(Sqd 1).
AF Eielson Air F-35A Earth $11,300
Force Base Covered Magazines.
AF Eielson Air F-35A Hangar/ $44,900
Force Base Propulsion MX/
Dispatch.
AF Eielson Air F-35A Hangar/Squad $42,700
Force Base Ops/AMU Sq #2.
AF Eielson Air F-35A Missile $12,800
Force Base Maintenance
Facility.
AF Joint Base Add/Alter AWACS $29,000
Elmendorf- Alert Hangar.
Richardson
Arizona
AF Luke Air F-35A Squad Ops/ $20,000
Force Base Aircraft Maint
Unit #5.
Australia
AF Darwin APR - Aircraft MX $1,800
Support Facility.
AF Darwin APR - Expand $28,600
Parking Apron.
California
AF Edwards Air Flightline Fire $24,000
Force Base Station.
Colorado
AF Buckley Air Small Arms Range $13,500
Force Base Complex.
Delaware
AF Dover Air Aircraft $39,000
Force Base Maintenance
Hangar.
Florida
AF Eglin Air Advanced Munitions $75,000
Force Base Technology
Complex.
AF Eglin Air Flightline Fire $13,600
Force Base Station.
AF Patrick Air Fire/Crash Rescue $13,500
Force Base Station.
Georgia
AF Moody Air Personnel Recovery $30,900
Force Base 4-Bay Hangar/Helo
Mx Unit.
Germany
AF Spangdahlem EIC - Site $43,465
Air Base Development and
Infrastructure.
AF Ramstein Air 37 AS Squadron $13,437
Base Operations/
Aircraft Maint
Unit.
Guam
AF Joint Region APR - Munitions $35,300
Marianas Storage Igloos,
Ph 2.
AF Joint Region APR - SATCOM C4I $14,200
Marianas Facility.
AF Joint Region Block 40 $31,158
Marianas Maintenance
Hangar.
Japan
AF Kadena Air APR - Replace $19,815
Base Munitions
Structures.
AF Yokota Air C-130J Corrosion $23,777
Base Control Hangar.
AF Yokota Air Construct Combat $8,243
Base Arms Training &
Maint Fac.
Kansas
AF McConnell Air Air Traffic $11,200
Force Base Control Tower.
AF McConnell Air KC-46A ADAL $5,600
Force Base Taxiway Delta.
AF McConnell Air KC-46A Alter $3,000
Force Base Flight Simulator
Bldgs.
Louisiana
AF Barksdale Air Consolidated $21,000
Force Base Communication
Facility.
Mariana Islands
AF Unspecified APR - Land $9,000
Location Acquisition.
Maryland
AF Joint Base 21 Points Enclosed $13,000
Andrews Firing Range.
AF Joint Base PAR Relocate JADOC $3,500
Andrews Satellite Site.
Massachusetts
AF Hanscom Air System Management $20,000
Force Base Engineering
Facility.
Montana
AF Malmstrom Air Missile $14,600
Force Base Maintenance
Facility.
Nevada
AF Nellis Air F-35A POL Fill $10,600
Force Base Stand Addition.
New Mexico
AF Cannon Air North Fitness $21,000
Force Base Center.
AF Holloman Air Hazardous Cargo $10,600
Force Base Pad and Taxiway.
AF Kirtland Air Combat Rescue $7,300
Force Base Helicopter (CRH)
Simulator.
Ohio
AF Wright- Relocated Entry $12,600
Patterson Control Facility
Air Force 26A.
Base
Oklahoma
AF Altus Air KC-46A FTU/FTC $11,600
Force Base Simulator
Facility Ph 2.
AF Tinker Air KC-46A Depot $17,000
Force Base System
Integration
Laboratory.
Texas
AF Joint Base BMT Recruit $67,300
San Antonio Dormitory 6.
Turkey
AF Incirlik Air Airfield Fire/ $13,449
Base Crash Rescue
Station.
United Arab
Emirates
AF Al Dhafra Large Aircraft $35,400
Maintenance
Hangar.
United Kingdom
AF Croughton RAF JIAC Consolidation $53,082
- Ph 3.
AF Croughton RAF Main Gate Complex. $16,500
Utah
AF Hill Air 649 MUNS Munitions $6,600
Force Base Storage Magazines.
AF Hill Air 649 MUNS Precision $8,700
Force Base Guided Missile MX
Facility.
AF Hill Air 649 MUNS STAMP/ $12,000
Force Base Maint &
Inspection
Facility.
AF Hill Air Composite Aircraft $7,100
Force Base Antenna
Calibration Fac.
AF Hill Air F-35A Munitions $10,100
Force Base Maintenance
Complex.
Virginia
AF Joint Base Air Force $45,000
Langley- Targeting Center.
Eustis
AF Joint Base Fuel System $14,200
Langley- Maintenance Dock.
Eustis
Washington
AF Fairchild Air Pipeline Dorm, $27,000
Force Base USAF SERE School
(150 RM).
Worldwide
Unspecified
Location
AF Various Planning & Design. $143,582
Worldwide
Locations
AF Various Unspecified Minor $30,000
Worldwide Military
Locations Construction.
Wyoming ..................
AF F. E. Warren Missile Transfer $5,550
Air Force Facility Bldg
Base 4331.
Total Military Construction, Air Force $1,481,058
................
Alaska
Def-Wide Clear Air Long Range Discrim $155,000
Force Radar Sys Complex
Station Ph1.
Def-Wide Fort Greely Missile Defense $9,560
Complex
Switchgear
Facility.
Def-Wide Joint Base Construct Truck $4,900
Elmendorf- Offload Facility.
Richardson
Arizona
Def-Wide Fort Huachuca JITC Building $4,493
52110 Renovation.
California
Def-Wide Coronado SOF Human $15,578
Performance
Training Center.
Def-Wide Coronado SOF Seal Team Ops $47,290
Facility.
Def-Wide Coronado SOF Seal Team Ops $47,290
Facility.
Def-Wide Coronado SOF Special RECON $20,949
Team ONE
Operations Fac.
Def-Wide Coronado SOF Training $44,305
Detachment ONE
Ops Facility.
Def-Wide Travis Air Replace Hydrant $26,500
Force Base Fuel System.
Delaware
Def-Wide Dover Air Welch ES/Dover MS $44,115
Force Base Replacement.
Diego Garcia
Def-Wide Diego Garcia Improve Wharf $30,000
Refueling
Capability.
Florida
Def-Wide Patrick Air Replace Fuel Tanks $10,100
Force Base
Georgia
Def-Wide Fort Gordon Medical Clinic $25,000
Replacement.
Def-Wide Fort Benning SOF Tactical $4,820
Unmanned Aerial
Vehicle Hangar.
Germany
Def-Wide Rhine Medical Center $58,063
Ordnance Replacement Incr
Barracks 6.
Def-Wide Kaiserslauter Sembach Elementary/ $45,221
n Middle School
Replacement.
Japan
Def-Wide Iwakuni Construct Truck $6,664
Offload & Loading
Facilities.
Def-Wide Kadena Air Kadena Elementary $84,918
Base School
Replacement.
Def-Wide Kadena Air Medical Materiel $20,881
Base Warehouse.
Def-Wide Kadena Air SOF Maintenance $42,823
Base Hangar.
Def-Wide Kadena Air SOF Simulator $12,602
Base Facility (MC-130).
Def-Wide Yokota Air Airfield Apron.... $41,294
Base
Def-Wide Yokota Air Hangar/AMU........ $39,466
Base
Def-Wide Yokota Air Operations and $26,710
Base Warehouse
Facilities.
Def-Wide Yokota Air Simulator Facility $6,261
Base
Kwajalein
Def-Wide Kwajalein Replace Fuel $85,500
Atoll Storage Tanks.
Maine
Def-Wide Portsmouth Medical/Dental $27,100
Clinic
Replacement.
Maryland
Def-Wide Fort Meade Access Control $21,000
Facility.
Def-Wide Fort Meade NSAW Campus $17,000
Feeders Phase 3.
Def-Wide Fort Meade NSAW Recapitalize $195,000
Building #2 Incr
2.
Def-Wide Bethesda MEDCEN Addition/ $50,000
Naval Alteration Incr 1.
Hospital
Missouri
Def-Wide St Louis Land Acquisition- $801
Next NGA West
(N2W) Campus.
North Carolina
Def-Wide Fort Bragg SOF Combat Medic $10,905
Training Facility.
Def-Wide Fort Bragg SOF Parachute $21,420
Rigging Facility.
Def-Wide Fort Bragg SOF Special $30,670
Tactics Facility
(PH3).
Def-Wide Fort Bragg SOF Tactical $23,598
Equipment
Maintenance
Facility.
Def-Wide Camp Lejeune Dental Clinic $31,000
Replacement.
South Carolina
Def-Wide Joint Base Construct Hydrant $17,000
Charleston Fuel System.
Texas
Def-Wide Sheppard Air Medical/Dental $91,910
Force Base Clinic
Replacement.
Def-Wide Red River Construct $44,700
Army Depot Warehouse & Open
Storage.
United Kingdom
Def-Wide Royal Air Croughton Elem/ $71,424
Force Middle/High
Croughton School
Replacement.
Def-Wide Royal Air Construct Hydrant $13,500
Force Fuel System.
Lakenheath
Virginia
Def-Wide Pentagon Pentagon Metro $12,111
Entrance Facility.
Def-Wide Pentagon Upgrade IT $8,105
Facilities
Infrastructure-
RRMC.
Wake Island
Def-Wide Wake Island Test Support $11,670
Facility.
Worldwide
Unspecified
Location
Def-Wide Unspecified Contingency $10,000
Worldwide Construction.
Locations
Def-Wide Unspecified Energy $150,000
Worldwide Conservation
Locations Investment
Program.
Def-Wide Unspecified Planning and $13,450
Worldwide Design, DEFW.
Locations
Def-Wide Unspecified Planning and $27,660
Worldwide Design, DLA.
Locations
Def-Wide Unspecified Planning and $23,585
Worldwide Design, DODEA.
Locations
Def-Wide Unspecified Planning and $10,000
Worldwide Design, ECIP
Locations Design.
Def-Wide Unspecified Planning and $71,647
Worldwide Design, NGA.
Locations
Def-Wide Unspecified Planning and $24,000
Worldwide Design, NSA.
Locations
Def-Wide Unspecified Planning and $27,653
Worldwide Design, SOCOM.
Locations
Def-Wide Unspecified Planning and $3,427
Worldwide Design, WHS.
Locations
Def-Wide Unspecified Unspecified Minor $3,000
Worldwide Construction,
Locations DEFW.
Def-Wide Unspecified Unspecified Minor $8,500
Worldwide Construction, DHA.
Locations
Def-Wide Unspecified Unspecified Minor $3,000
Worldwide Construction,
Locations DODEA.
Def-Wide Unspecified Unspecified Minor $8,631
Worldwide Construction,
Locations Exercise Related.
Def-Wide Unspecified Unspecified Minor $2,414
Worldwide Construction, MDA.
Locations
Def-Wide Unspecified Unspecified Minor $3,913
Worldwide Construction, NSA.
Locations
Def-Wide Unspecified Unspecified Minor $5,994
Worldwide Construction,
Locations SOCOM.
Total Military Construction, Defense-Wide $2,056,091
................
Worldwide
Unspecified
Location
Def-Wide NATO Security NATO Security $177,932
Investment Investment
Program Program.
Total NATO Security Investment Program $177,932
................
Hawaii
Army NG Hilo Combined Support $31,000
Maintenance Shop.
Iowa
Army NG Davenport National Guard $23,000
Readiness Center.
Kansas
Army NG Fort National Guard $29,000
Leavenworth Readiness Center.
New Hampshire
Army NG Hooksett National Guard $11,000
Vehicle
Maintenance Shop.
Army NG Rochester National Guard $8,900
Vehicle
Maintenance Shop.
Oklahoma
Army NG Ardmore National Guard $22,000
Readiness Center.
Pennsylvania
Army NG York National Guard $9,300
Readiness Center.
Rhode Island
Army NG East National Guard/ $20,000
Greenwich Reserve Center
Building (JFHQ).
Utah
Army NG Camp Williams National Guard $37,000
Readiness Center.
Worldwide
Unspecified
Location
Army NG Unspecified Planning and $8,729
Worldwide Design.
Locations
................ Unspecified Minor $12,001
Construction.
Wyoming
Army NG Laramie National Guard $21,000
Readiness Center.
Total Military Construction, Army National Guard $232,930
................
California
Army Res Camp Parks Transient Training $19,000
Barracks.
Fort Hunter Emergency Services $21,500
Liggett Center.
Virginia
Army Res Dublin Organizational $6,000
Maintenance Shop/
AMSA.
Wisconsin
Army Res Fort McCoy AT/MOB Dining $11,400
Facility.
Worldwide
Unspecified
Location
Army Res Unspecified Planning and $7,500
Worldwide Design.
Locations
Army Res Unspecified Unspecified Minor $2,830
Worldwide Construction.
Locations
Total Military Construction, Army Reserve $68,230
................
Louisiana
N/MC Res New Orleans Joint Reserve $11,207
Intelligence
Center.
New York
N/MC Res Brooklyn Electric Feeder $1,964
Duct bank.
N/MC Res Syracuse Marine Corps $13,229
Reserve Center.
Texas
N/MC Res Galveston Reserve Center $8,414
Annex.
Worldwide
Unspecified
Location
N/MC Res Unspecified MCNR Planning & $3,783
Worldwide Design.
Locations
Total Military Construction, Navy and Marine Corps $38,597
Reserve
................
Connecticut
Air NG Bradley IAP Construct Small $6,300
Air Terminal.
Florida
Air NG Jacksonville Replace Fire Crash/ $9,000
IAP Rescue Station.
Hawaii
Air NG Joint Base F-22 Composite $11,000
Pearl Harbor- Repair Facility.
Hickam
Iowa
Air NG Sioux Gateway Construct $12,600
Airport Consolidated
Support Functions.
Minnesota
Air NG Duluth IAP Load Crew Training/ $7,600
Weapon Shops.
New Hampshire
Air NG Pease KC-46A Install $1,500
Internationa Fuselage Trainer
l Trade Port Bldg 251.
North Carolina
Air NG Charlotte/ C-17 Corrosion $29,600
Douglas IAP Control/Fuel Cell
Hangar.
Air NG Charlotte/ C-17 Type III $21,000
Douglas IAP Hydrant Refueling
System.
South Carolina
Air NG McEntire ANGS Replace Operations $8,400
and Training
Facility.
Texas
Air NG Ellington Consolidate Crew $4,500
Field Readiness
Facility.
Vermont
Air NG Burlington F-35 Beddown 4-Bay $4,500
IAP Flight Simulator.
Worldwide
Unspecified
Location
Air NG Unspecified Unspecified Minor $17,495
Worldwide Construction.
Locations
Air NG Various Planning and $10,462
Worldwide Design.
Locations
Total Military Construction, Air National Guard $143,957
................
North Carolina
AF Res Seymour KC-46A ADAL Bldg $5,700
Johnson Air for AGE/Fuselage
Force Base Training.
AF Res Seymour KC-46A ADAL $2,250
Johnson Air Squadron
Force Base Operations
Facilities.
AF Res Seymour KC-46A Two Bay $90,000
Johnson Air Corrosion/Fuel
Force Base Cell Hangar.
Pennsylvania
AF Res Pittsburgh C-17 ADAL Fuel $22,800
IAP Hydrant System.
AF Res Pittsburgh C-17 Const/ $8,200
IAP OverlayTaxiway
and Apron.
AF Res Pittsburgh C-17 Construct Two $54,000
IAP Bay Corrosion/
Fuel Hangar.
Worldwide
Unspecified
Location
AF Res Unspecified Planning & Design. $4,500
Worldwide
Locations
AF Res Unspecified Unspecified Minor $1,500
Worldwide Construction.
Locations
Total Military Construction, Air Force Reserve $188,950
................
Korea
FH Con Army Camp Walker Family Housing New $54,554
Construction.
FH Con Army Camp Family Housing New $143,563
Humphreys Construction.
Worldwide
Unspecified
Location
FH Con Army Unspecified Planning & Design. $2,618
Worldwide
Locations
Total Family Housing Construction, Army $200,735
................
Worldwide
Unspecified
Location
FH Ops Army Unspecified Furnishings....... $10,178
Worldwide
Locations
FH Ops Army Unspecified Housing $19,146
Worldwide Privitization
Locations Support.
FH Ops Army Unspecified Leasing........... $131,761
Worldwide
Locations
FH Ops Army Unspecified Maintenance....... $60,745
Worldwide
Locations
FH Ops Army Unspecified Management........ $40,344
Worldwide
Locations
FH Ops Army Unspecified Miscellaneous..... $400
Worldwide
Locations
FH Ops Army Unspecified Services.......... $7,993
Worldwide
Locations
FH Ops Army Unspecified Utilities......... $55,428
Worldwide
Locations
Family Housing Operation & Maintenance, Army $325,995
................
Mariana Islands
FH Con Navy Guam Replace Andersen $78,815
Housing PH I.
Worldwide
Unspecified
Location
FH Con Navy Unspecified Construction $11,047
Worldwide Improvements.
Locations
FH Con Navy Unspecified Planning & Design. $4,149
Worldwide
Locations
Total Family Housing Construction, Navy & Marine Corps $94,011
................
Worldwide
Unspecified
Location
FH Ops Navy Unspecified Furnishings....... $17,457
Worldwide
Locations
FH Ops Navy Unspecified Housing $26,320
Worldwide Privatization
Locations Support.
FH Ops Navy Unspecified Leasing........... $54,689
Worldwide
Locations
FH Ops Navy Unspecified Maintenance....... $81,254
Worldwide
Locations
FH Ops Navy Unspecified Management........ $51,291
Worldwide
Locations
FH Ops Navy Unspecified Miscellaneous..... $364
Worldwide
Locations
FH Ops Navy Unspecified Services.......... $12,855
Worldwide
Locations
FH Ops Navy Unspecified Utilities......... $56,685
Worldwide
Locations
Total Family Housing Operation & Maintenance, Navy & $300,915
Marine Corps
................
Worldwide
Unspecified
Location
FH Con AF Unspecified Construction $56,984
Worldwide Improvements.
Locations
FH Con AF Unspecified Planning & Design. $4,368
Worldwide
Locations
Total Family Housing Construction, Air Force $61,352
................
Worldwide
Unspecified
Location
FH Ops AF Unspecified Furnishings....... $31,690
Worldwide
Locations
FH Ops AF Unspecified Housing $41,809
Worldwide Privatization
Locations Support.
FH Ops AF Unspecified Leasing........... $20,530
Worldwide
Locations
FH Ops AF Unspecified Maintenance....... $85,469
Worldwide
Locations
FH Ops AF Unspecified Management........ $42,919
Worldwide
Locations
FH Ops AF Unspecified Miscellaneous..... $1,745
Worldwide
Locations
FH Ops AF Unspecified Services.......... $13,026
Worldwide
Locations
FH Ops AF Unspecified Utilities......... $37,241
Worldwide
Locations
Total Family Housing Operation & Maintenance, Air Force $274,429
................
Worldwide
Unspecified
Location
FH Ops DW Unspecified Furnishings....... $919
Worldwide
Locations
FH Ops DW Unspecified Leasing........... $52,028
Worldwide
Locations
FH Ops DW Unspecified Maintenance....... $1,149
Worldwide
Locations
FH Ops DW Unspecified Management........ $388
Worldwide
Locations
FH Ops DW Unspecified Services.......... $32
Worldwide
Locations
FH Ops DW Unspecified Utilities......... $4,641
Worldwide
Locations
Total Family Housing Operation & Maintenance, Defense- $59,157
Wide
................
Worldwide
Unspecified
Location
DW FHIP Unspecified Program Expenses.. $3,258
Worldwide
Locations
Total DoD Family Housing Improvement Fund, Defense-Wide $3,258
................
Worldwide
Unspecified
Location
BRAC Base Base Realignment $14,499
Realignment and Closure.
& Closure,
Army
BRAC Base Base Realignment & $110,606
Realignment Closure.
& Closure,
Navy
BRAC Unspecified DON-100: Planning, $4,604
Worldwide Design and
Locations Management.
BRAC Unspecified DON-101: Various $10,461
Worldwide Locations.
Locations
BRAC Unspecified DON-138: NAS $557
Worldwide Brunswick, ME.
Locations
BRAC Unspecified DON-157: MCSA $100
Worldwide Kansas City, MO.
Locations
BRAC Unspecified DON-172: NWS Seal $4,648
Worldwide Beach, Concord,
Locations CA.
BRAC Unspecified DON-84: JRB Willow $3,397
Worldwide Grove & Cambria
Locations Reg AP.
BRAC Unspecified DoD BRAC $56,365
Worldwide Activities - Air
Locations Force.
Total Base Realignment and Closure Account $205,237.
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