Library / Laws / 113th / hr / H.R. 1960 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 1960
IN THE HOUSE OF REPRESENTATIVES
May 14, 2013
Mr. McKeon (for
himself and Mr. Smith of Washington)
(both by request): introduced the following bill; which was referred to the
Committee on Armed
Services
A BILL
To authorize appropriations for fiscal year 2014 for
military activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for other
purposes.
1.
Short title
This Act may be cited as the
National Defense Authorization Act for
Fiscal Year 2014.
2.
Organization of
Act into divisions; table of contents
(a)
Divisions
This
Act is organized into two divisions as follows:
(1) Division
A—Department of Defense Authorizations.
(2) Division
B—Military Construction Authorizations.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of
contents.
Division A—Department of Defense Authorizations
Title I—Procurement
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—Specific Programs
Sec. 111. Multiyear procurement authority for E–2D aircraft
program.
Sec. 112. Modification to cost cap for CVN–78 aircraft
carrier.
Sec. 113. Clarification of limitations on retirement of B–52
bomber aircraft.
Sec. 114. Repeal of limitation on retirement of KC–135E
aircraft.
Title II—Research, Development, Test, and Evaluation
Sec. 201. Authorization of appropriations.
Title III—Operation and Maintenance
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B—Program Matters
Sec. 311. Five-year reauthorization of vessel war risk
insurance program.
Sec. 312. Revision to requirement for annual submission of
information regarding information technology capital assets.
Sec. 313. Authorized expenses in connection with humanitarian
and civic assistance activities provided in conjunction with military
operations.
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 2014 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 AUTHORIZATIONS
Subtitle A—Officer Personnel Policy
Sec. 501. Information to be provided to boards considering
officers for selective early removal from the reserve active-status
list.
Subtitle B—Reserve Component Management
Sec. 511. Removal of restrictions on the transfer of officers
to the inactive National Guard.
Sec. 512. Pilot program to allow establishment of active status
and inactive status lists of members in the inactive National
Guard.
Sec. 513. Forum for processing of complaints of wrongful
discrimination by National Guard military technicians (dual
status).
Subtitle C—Education and Training
Sec. 521. Extension of educational assistance for members of
the Selective Reserve who are involuntarily separated.
Sec. 522. Authority for joint professional military education
phase II instruction and credit to be offered and awarded through the senior
level course of the school of advanced military studies of the United States
Army Command and General Staff College.
Subtitle D—Administrative Procedure
Sec. 531. Procedures for judicial review of military personnel
decisions relating to correction of military records.
Subtitle E—Decorations and Awards
Sec. 541. Repeal of limitation on number of medals of honor
that may be awarded to a member of the Armed Forces.
Sec. 542. Standardization of time-limits for recommending and
awarding a medal of honor, service cross, or distinguished-service medal across
the Armed Forces.
Sec. 543. Recodification and revision of Army, Navy, Air Force,
and Coast Guard Medal of Honor Roll.
Subtitle F—Other Matters
Sec. 551. Authority to provide certain expenses for care and
disposition of human remains that were retained by the Department of Defense
for forensic pathology investigation.
Sec. 552. Expansion of privileged information provision to
debriefing reports of certain recovered persons who were never placed in a
missing status.
Sec. 553. Additional requirements for accounting for members of
the Armed Forces and Department of Defense civilian employees listed as
missing.
Sec. 554. Family support programs for immediate family members
of special operations forces members.
Title VI—Compensation and Other Personnel Benefits
Subtitle A—Pay and Allowances
Sec. 601. Increase in military basic pay for fiscal year
2014.
Sec. 602. Extension of temporary army authority to provide
additional recruitment incentives.
Subtitle B—Disability, Retired Pay, and Survivor
Benefits
Sec. 621. Overpayments of division of pay as a result of
retroactive change in disposable retired pay.
Title VII—HEALTH CARE PROVISIONS
Sec. 701. Revisions to TRICARE cost sharing
requirements.
Sec. 702. Requirement for medicare participating physician or
supplier to accept TRICARE and veterans affairs participating
rates.
Title VIII—Acquisition Policy, Acquisition Management, and
Related Matters
Sec. 801. Clarification of scope of supplies covered by
statutory rapid acquisition authority.
Sec. 802. Reduction in costs to report critical changes to
major automated information system programs.
Sec. 803. Modification of reporting requirement for Department
of Defense business system acquisition programs when initial operating
capability is not achieved within five years of Milestone A
approval.
Sec. 804. Enhanced transfer of technology developed at
Department of Defense laboratories.
Sec. 805. Extension of authority for program to award prizes
for advanced technology achievements.
Sec. 806. Revisions to eligibility for, and amount of,
financial assistance under Department of Defense Science, Mathematics, and
Research for Transformation program.
Title IX—Department of Defense Organization and
Management
Sec. 901. Clarification of the order of precedence for the
Principal Deputy Under Secretaries of Defense.
Sec. 902. Update of statutory specification of functions of the
Chairman of the Joint Chiefs of Staff relating to doctrine, training, and
education.
Sec. 903. Revision of Secretary of Defense authority to engage
in commercial activities as security for intelligence collection
activities.
Sec. 904. Change to reference to the major Department of
Defense headquarters activities issuance.
Title X—General Provisions
Subtitle A—Financial Matters
Subtitle B—Naval Vessels
Sec. 1011. Repeal of policy relating to propulsion systems of
any new class of major combatant vessels of the strike forces of the United
States Navy.
Sec. 1012. Repeal of requirements relating to procurement of
future surface combatants.
Subtitle C—Other Matters
Sec. 1031. Management of Department of Defense
installations.
Sec. 1033. Repeal and modification of reporting
requirements.
Title XI—Civilian Personnel Matters
Sec. 1101. Expansion of protection of employees of
nonappropriated fund instrumentalities from reprisals.
Title XII—Matters Relating to Foreign Nations
Sec. 1201. Five-year extension of authorization for
non-conventional assisted recovery capabilities.
Sec. 1202. Increase in annual limitation on transfer of excess
defense articles.
Title XIII—Other Authorizations
Subtitle A—Military Programs
Sec. 1301. Working capital funds.
Sec. 1302. National Defense Sealift Fund.
Sec. 1303. Joint Urgent Operational Needs Fund.
Sec. 1304. Chemical agents and munitions destruction,
defense.
Sec. 1305. Drug interdiction and counter-drug activities,
defense-wide.
Sec. 1306. Defense Inspector General.
Sec. 1307. Defense health program.
Subtitle B—National Defense Stockpile
Sec. 1311. Authority to acquire additional materials for the
national defense stockpile.
Subtitle C—Other Matters
Sec. 1321. 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. 1322. Authorization of appropriations for Armed Forces
Retirement Home.
Division B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to
be specified by law.
Title XXI—ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition
projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain
fiscal year 2004 project.
Sec. 2105. Modification of authority to carry out certain
fiscal year 2011 project.
Sec. 2106. Modification of authority to carry out certain
fiscal year 2010 project.
Sec. 2107. Extension of authorizations of certain fiscal year
2010 projects.
Sec. 2108. Extension of authorizations of certain fiscal year
2011 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 2011 project.
Sec. 2206. Modification of authority to carry out certain
fiscal year 2012 project.
Sec. 2207. Extension of authorizations of certain fiscal year
2011 projects.
Sec. 2208. Extension of authorizations of certain fiscal year
2011 project.
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. Extension of authorizations of certain fiscal year
2011 project.
Title XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A—Defense Agency Authorizations
Sec. 2401. Authorized defense agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense
Agencies.
Subtitle B—Chemical Demilitarization
Authorizations
Sec. 2411. Authorization of appropriations, chemical
demilitarization construction, defense-wide.
Title XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition
projects.
Sec. 2502. Authorization of appropriations, NATO.
Title XXVI—GUARD AND RESERVE FORCES FACILITIES
Subtitle A—Project Authorizations and Authorization of
Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land
acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and
Reserve.
Subtitle B—Other Matters
Sec. 2611. Modification of authority to carry out certain
fiscal year 2013 project.
Sec. 2612. Extension of authorization of certain fiscal year
2011 project.
Sec. 2613. Extension of authorization of certain fiscal year
2011 project.
Title XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment
and closure activities funded through Department of Defense Base Closure
Account.
Title XXVIII—Military Construction General Provisions
Subtitle A—Military Construction Program Changes
Sec. 2801. Revisions to minor military construction
authorities.
Sec. 2802. Change in authorities relating to unspecified minor
construction.
Subtitle B—Real Property and Facilities
Administration
Sec. 2811. Authority for acceptance of funds to cover
administrative expenses associated with real property leases and
easements.
Sec. 2812. Application of cash payments received for utilities
and services.
Sec. 2813. Acquisition of real property at Naval Base Ventura
County, California.
Subtitle C—Land Withdrawals
Sec. 2821. Military land withdrawals and codification of
statutory provisions relating to China Lake, Limestone Hills, Chocolate
Mountain, and Twentynine Palms.
Sec. 2822. Fort Bliss military land withdrawal.
A
Department of
Defense Authorizations
I
Procurement
A
Authorization of
Appropriations
101.
Army
Funds are hereby authorized to be
appropriated for fiscal year 2014 for procurement for the Army as
follows:
(1) For aircraft,
$5,024,387,000.
(2) For missiles,
$1,334,083,000.
(3) For weapons and
tracked combat vehicles, $1,597,267,000.
(4) For ammunition,
$1,540,437,000.
(5) For other
procurement, $6,465,218,000.
102.
Navy and Marine
Corps
(a)
Fiscal year
2014
Funds are hereby authorized to be appropriated for fiscal
year 2014 for procurement for the Navy and Marine Corps as follows:
(1) For aircraft,
$17,927,651,000.
(2) For weapons,
including missiles and torpedoes, $3,122,193,000.
(3) For shipbuilding
and conversion, $14,077,804,000.
(4) For other
procurement, $6,310,257,000.
(5) For procurement,
Marine Corps, $1,343,511,000.
(6) For ammunition
procurement, Navy and Marine Corps, $589,267,000.
(b)
Authorization of
advance appropriations
Funds are hereby authorized to be
appropriated for fiscal year 2015 in the amount of $952,739,000 for
Shipbuilding and Conversion, Navy, for procurement of a Virginia class
submarine.
103.
Air
Force
Funds are hereby
authorized to be appropriated for fiscal year 2014 for procurement for the Air
Force as follows:
(1) For aircraft,
$11,398,901,000.
(2) For ammunition,
$759,442,000.
(3) For missiles,
$5,343,286,000.
(4) For other
procurement, $16,760,581,000.
104.
Defense-wide
activities
Funds are hereby
authorized to be appropriated for fiscal year 2014 for Defense-wide procurement
in the amount of $4,534,083,000.
105.
Defense
Production Act purchases
Funds are hereby authorized to be appropriated for fiscal year 2014 for
purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et
seq.) in the amount of $25,135,000.
B
Specific
Programs
111.
Multiyear
procurement authority for E–2D aircraft program
(a)
Authority for
multiyear procurement
Subject to section 2306b of title 10,
United States Code, the Secretary of the Navy may enter into a multiyear
contract or contracts, beginning with the fiscal year 2014 program year, for
the procurement of E–2D aircraft for the Department of the Navy.
(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 2014 is subject
to the availability of appropriations for that purpose for such later fiscal
year.
112.
Modification to
cost cap for CVN–78 aircraft carrier
(a)
Cost cap
baseline
Subsection (a)(1) of section 122 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364;
120 Stat. 2104) is amended by striking $10,500,000,000 and
inserting $12,887,000,000.
(b)
Additional
factor for adjustment of limitation amount
Subsection (b) of such
section is amended by adding at the end the following new paragraph:
(7) The amounts of
increases or decreases in costs of that ship that are attributable to the
shipboard test
program.
.
(c)
Hull
number
Such section is further amended by striking
CVN–21 in subsections (a)(1), (a)(2), and (b) and in the section
heading and inserting CVN–78.
113.
Clarification
of limitations on retirement of B–52 bomber aircraft
Section 131(a)(1) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364;
120 Stat. 2111), as amended by section 137(a)(1) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 32), is
further amended in subparagraph (C) by striking in a common capability
configuration.
114.
Repeal of
limitation on retirement of KC–135E aircraft
Section 135(b) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat.
2114), as amended by section 131 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4377), is
repealed.
II
Research,
Development, Test, and Evaluation
201.
Authorization
of appropriations
Funds are
hereby authorized to be appropriated for fiscal year 2014 for the use of the
Department of Defense for research, development, test, and evaluation as
follows:
(1) For the Army,
$7,989,102,000.
(2) For the Navy,
$15,974,780,000.
(3) For the Air Force,
$25,702,946,000.
(4) For Defense-wide
activities, $17,667,108,000.
(5) For the Director
of Operational Test and Evaluation, $186,300,000.
III
Operation and
Maintenance
A
Authorization of
Appropriations
301.
Operation and
maintenance funding
Funds are
hereby authorized to be appropriated for fiscal year 2014 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,
$35,073,077,000.
(2) For the Navy,
$39,945,237,000.
(3) For the Marine
Corps, $6,254,650,000.
(4) For the Air Force,
$37,270,842,000.
(5) For Defense-wide
activities, $32,997,693,000.
(6) For the Army
Reserve, $3,095,036,000.
(7) For the Navy
Reserve, $1,197,752,000.
(8) For the Marine
Corps Reserve, $263,317,000.
(9) For the Air Force
Reserve, $3,164,607,000.
(10) For the Army
National Guard, $7,054,196,000.
(11) For the Air
National Guard, $6,566,004,000.
(12) For the United
States Court of Appeals for the Armed Forces, $13,606,000.
(13) For the
Department of Defense Acquisition Workforce Development Fund,
$256,031,000.
(14) For Environmental
Restoration, Army, $298,815,000.
(15) For Environmental
Restoration, Navy, $316,103,000.
(16) For Environmental
Restoration, Air Force, $439,820,000.
(17) For Environmental
Restoration, Defense-wide, $10,757,000.
(18) For Environmental
Restoration, Formerly Used Defense Sites, $237,443,000.
(19) For Overseas
Humanitarian, Disaster, and Civic Aid programs, $109,500,000.
(20) For Cooperative
Threat Reduction programs, $528,455,000.
(21) For Overseas
Contingency Operations Transfer Fund, $5,000,000.
B
Program
Matters
311.
Five-year
reauthorization of vessel war risk insurance program
Section 53912 of title 46, United States
Code, is amended by striking December 31, 2015 and inserting
December 31, 2020.
312.
Revision to
requirement for annual submission of information regarding information
technology capital assets
Section 351(a)(1) of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 221 note) is amended by
striking in excess of $30,000,000 and all that follows and
inserting (as computed in fiscal year 2000 constant dollars) in excess
of $32,000,000 or an estimated total cost for the future-years defense program
for which the budget is submitted (as computed in fiscal year 2000 constant
dollars) in excess of $378,000,000, for all expenditures, for all increments,
regardless of the appropriation and fund source, directly related to the assets
definition, design, development, deployment, sustainment, and
disposal..
313.
Authorized
expenses in connection with humanitarian and civic assistance activities
provided in conjunction with military operations
(a)
Coverage of
certain travel, transportation, and subsistence expenses
Section
401(c) of title 10, United States Code, is amended by inserting after paragraph
(1) the following new paragraph (2):
(2) Expenses covered by paragraph (1)
include travel, transportation, and subsistence expenses of Department of
Defense personnel for purposes of evaluating the scope of a humanitarian or
civic assistance activity under this section or conducting assessments of such
activities, except that the total value of such expenses incurred with respect
to any activity may not exceed 10 percent of the activity
value.
.
(b)
Clerical
amendment
Such section is further amended by redesignating
paragraph (4) as paragraph (3).
IV
MILITARY
PERSONNEL AUTHORIZATIONS
A
Active
Forces
401.
End strengths
for active forces
The Armed
Forces are authorized strengths for active duty personnel as of September 30,
2014, as follows:
(1) The Army,
520,000.
(2) The Navy,
323,600.
(3) The Marine Corps,
190,200.
(4) The Air Force,
327,600.
B
Reserve
Forces
411.
End strengths
for Selected Reserve
(a)
In
general
The Armed Forces are authorized strengths for Selected
Reserve personnel of the reserve components as of September 30, 2014, as
follows:
(1) The Army National
Guard of the United States, 354,200.
(2) The Army Reserve,
205,000.
(3) The Navy Reserve,
59,100.
(4) The Marine Corps
Reserve, 39,600.
(5) The Air National
Guard of the United States, 105,400.
(6) The Air Force
Reserve, 70,400.
(7) The Coast Guard
Reserve, 9,000.
(b)
End strength
reductions
The end strengths prescribed by subsection (a) for the
Selected Reserve of any reserve component shall be proportionately reduced
by—
(1) the total
authorized strength of units organized to serve as units of the Selected
Reserve of such component which are on active duty (other than for training) at
the end of the fiscal year; and
(2) the total number
of individual members not in units organized to serve as units of the Selected
Reserve of such component who are on active duty (other than for training or
for unsatisfactory participation in training) without their consent at the end
of the fiscal year.
(c)
End strength
increases
Whenever units or individual members of the Selected
Reserve for any reserve component are released from active duty during any
fiscal year, the end strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased proportionately by the
total authorized strengths of such units and by the total number of such
individual members.
412.
End strengths
for reserves on active duty in support of the reserves
Within the end strengths prescribed in
section 411(a), the reserve components of the Armed Forces are authorized, as
of September 30, 2014, 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, 32,060.
(2) The Army Reserve,
16,261.
(3) The Navy Reserve,
10,159.
(4) The Marine Corps
Reserve, 2,261.
(5) The Air National
Guard of the United States, 14,734.
(6) The Air Force
Reserve, 2,911.
413.
End strengths
for military technicians (dual status)
The minimum number of military technicians
(dual status) as of the last day of fiscal year 2014 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, 27,210.
(2) For the Army
Reserve, 8,395.
(3) For the Air
National Guard of the United States, 21,875.
(4) For the Air Force
Reserve, 10,429.
414.
Fiscal year
2014 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, 2014, 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, 2014, may not exceed 595.
(3)
Air force
reserve
The number of non-dual status technicians employed by the
Air Force Reserve as of September 30, 2014, 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.
415.
Maximum number
of reserve personnel authorized to be on active duty for operational
support
During fiscal year
2014, 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.
C
Authorization of
Appropriations
421.
Military
personnel
(a)
Authorization of
appropriations
There is hereby authorized to be appropriated for
military personnel for fiscal year 2014 a total of $130,399,881,000.
(b)
Construction of
authorization
The authorization of appropriations in subsection
(a) supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2014.
V
MILITARY PERSONNEL
AUTHORIZATIONS
A
Officer Personnel
Policy
501.
Information to
be provided to boards considering officers for selective early removal from the
reserve active-status list
Section 14704(a) of title 10, United States
Code, is amended—
(1) by inserting (1) after
Active-Status
List.—;
(2) by striking
all;
(3) by striking
, in the number specified by the Secretary by each grade and competitive
category; and
(4) by adding at the
end the following new paragraphs:
(2) The Secretary of the military
department concerned shall specify the number of officers described in
paragraph (1) that a selection board convened under section 14101(b) of this
title may recommend for removal from the reserve active-status list.
(3) When the Secretary of the military
department concerned submits a list of officers to a selection board convened
under section 14101(b) of this title to consider officers for selection for
removal from the reserve active-status list under this section, such list
(except as provided in paragraph (4)) shall include each officer on the reserve
active-status list in the same grade and competitive category whose position on
the reserve active-status list is between that of the most junior officer in
that grade and competitive category whose name is submitted to the board and
that of the most senior officer in that grade and competitive category whose
name is submitted to the board.
(4) A list under paragraph (3) may not
include an officer in that grade and competitive category who has been approved
for voluntary retirement or who is to be involuntary retired under any
provision of law during the fiscal year in which the selection board is
convened or during the following fiscal
year.
.
B
Reserve Component
Management
511.
Removal of
restrictions on the transfer of officers to the inactive National
Guard
(a)
Removal of
restrictions
Chapter 3 of title 32, United States Code, is
amended by adding at the end the following new section:
311.
Active and
inactive National Guard; transfer of officers
During the period ending on December 31,
2016, nothing in this chapter shall prevent any of the following:
(1) An officer of the
Army National Guard who fills a vacancy in a federally recognized unit of the
Army National Guard from being transferred from the active Army National Guard
to the inactive Army National Guard.
(2) An officer of the
Air National Guard who fills a vacancy in a federally recognized unit of the
Air National Guard from being transferred from the active Air National Guard to
the inactive Air National Guard.
(3) An officer of the
Army National Guard transferred to the inactive Army National Guard from being
transferred from the inactive Army National Guard to the active Army National
Guard to fill a vacancy in a federally recognized unit.
(4) An officer of the
Air National Guard transferred to the inactive Air National Guard from being
transferred from the inactive Air National Guard to the active Air National
Guard to fill a vacancy in a federally recognized
unit.
.
(b)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
311. Active and inactive National Guard;
transfer of
officers.
.
512.
Pilot program
to allow establishment of active status and inactive status lists of members in
the inactive National Guard
(a)
Authority To
maintain active and inactive status lists in the inactive national
guard
Section 303 of title 32, United States Code, is amended by
adding at the end the following new subsection:
(d)
(1) The Secretary of the
Army and the Secretary of the Air Force may maintain an active status list and
an inactive status list of members in the inactive Army National Guard and the
inactive Air National Guard, respectively.
(2) The total number of Army National
Guard and Air National Guard members, combined, on the active status lists and
the inactive status lists assigned to the inactive National Guard may not
exceed 10,000 during any period.
(3) The total number of Army National
Guard and Air National Guard members, combined, on the active status lists of
the inactive National Guard may not exceed 4,000 during any period.
(4) The authority under this subsection
expires at the close of December 31,
2016.
.
(b)
Two-Way
transfers of members formerly enlisted in inactive national
guard
Subsection (b) of such section is amended—
(1) by striking
Under such at the beginning of the first sentence and inserting
(1) Except as provided in paragraph (2) and under such;
(2) by striking
Under such at the beginning of the second sentence and inserting
Except as provided in paragraph (2) and under such; and
(3) by adding at the
end the following new paragraph:
(2) During the period beginning on the
date of the enactment of this paragraph and ending on December 31, 2016, an
enlisted member of the active Army National Guard may be transferred to the
inactive Army National Guard without regard to whether the member was formerly
enlisted in the inactive Army National Guard and an enlisted member of the
active Air National Guard may be transferred to the inactive Air National Guard
without regard to whether the member was formerly enlisted in the inactive Air
National
Guard.
.
(c)
Definition of
active status
Section 101(d)(4) of title 10,
United States Code, is amended by adding at the end the following new sentence:
However, in the case of members of the Army National Guard of the United
States during any period during which there is an inactive status list for the
inactive Army National Guard under section 303(d) of title 32, such term means
the status of such a member who is not assigned to the inactive status list of
the inactive Army National Guard, on another inactive status list, or in the
Retired Reserve, and in the case of members of the Air National Guard of the
United States during any period during which there is an inactive status list
for the inactive Air National Guard under section 303(d) of title 32, such term
means the status of such a member who is not assigned to the inactive status
list of the inactive Air National Guard, on another inactive status list, or in
the Retired Reserve..
(d)
Members in
inactive status; training categories
Section 10141 of such title
is amended by adding at the end the following new subsection:
(d)
(1) During any period during
which there is an inactive status list for the inactive Army National Guard
under section 303(d) of title 32—
(A) the first sentence of subsection (b)
shall apply only with respect to Reserves assigned to the inactive Army
National Guard who are assigned to the inactive status list; and
(B) the exclusion of the Army National
Guard of the United States under the first sentence of subsection (c) shall be
inapplicable.
(2) During any period during which there
is an inactive status list for the inactive Air National Guard under section
303(d) of title 32—
(A) the first sentence of subsection (b)
shall apply only with respect to Reserves assigned to the inactive Air National
Guard who are assigned to the inactive status list; and
(B) the exclusion of the Air National
Guard of the United States under the first sentence of subsection (c) shall be
inapplicable.
.
(e)
Computation of
years of service for entitlement to retired pay
Paragraph (3) of
section 12732(b) of such title is amended to read as follows:
(3) Service in the
inactive National Guard (for any period other than a period during which there
is an inactive status list for the inactive National Guard under section 303(d)
of title 32) and service while assigned to the inactive status list of the
inactive National Guard (for any period during which there is an inactive
status list for the inactive National Guard under section 303(d) of title
32).
.
(f)
Eligibility for
inactive-Duty training pay
Section 206(c) of title 37, United
States Code, is amended by adding at the end the following new sentence:
However, with respect to any period during which there is an inactive
status list for the inactive National Guard under section 303(d) of title 32,
the limitation in the preceding sentence shall be applicable to persons
assigned to the inactive status list of the inactive National Guard, rather
than to persons enlisted in the inactive National Guard..
(g)
Evaluation of
the pilot program
By the end of the pilot period, the Department
of Defense shall commission an independent study evaluating the effectiveness
of using the active status Inactive National Guard to improve the readiness of
the Army National Guard. The study should include, for each year of the pilot,
information on—
(1) how many personnel
were transferred to the active status Inactive National Guard;
(2) how many of these
vacancies were filled with personnel new to the Army National Guard;
(3) the additional
cost of filling these positions; and
(4) impact on drill
and annual training participation rates.
The study
also should assess the impact on medical readiness category 3B personnel
transferred to the active status Inactive National Guard, including how long it
took them to complete the Integrated Disability Evaluation System (IDES)
process, and how satisfied they were with their unit’s management and
collaboration during the IDES process.
513.
Forum for
processing of complaints of wrongful discrimination by National Guard military
technicians (dual status)
(a)
In
general
Section 709 of title 32, United States Code, is amended
by adding at the end the following new subsection:
(j) A complaint of
wrongful discrimination by a person employed under subsection (a) who is a
military technician (dual status) and otherwise subject to the requirements of
subsection (b) shall be considered a complaint of wrongful discrimination by a
member of the armed
forces.
.
(b)
Effective
date
The amendment made by subsection (a) shall apply with
respect to a complaint of wrongful discrimination initiated on or after the
date of the enactment of this Act.
C
Education and
Training
521.
Extension of
educational assistance for members of the Selective Reserve who are
involuntarily separated
(a)
Preservation of
educational assistance entitlement for certain former members of the selected
reserve
(1)
Extension
Paragraph
(1)(B) of section 16133(b) of title 10, United States Code, is amended by
striking September 30, 2014 and inserting December 31,
2018.
(2)
Cross-reference
amendments to reflect prior amendment
Such section is further
amended by striking clause (2) of in paragraphs (1) and
(4)(B).
(b)
Basic
educational assistance entitlement for service in the selective
reserve
Subparagraph (B)(iii) of section 3012(b)(1) of title 38,
United States Code, is amended by inserting or the period beginning on
October 1, 2013, and ending on December 31, 2018, after
September 30, 1999,.
522.
Authority for
joint professional military education phase II instruction and credit to be
offered and awarded through the senior level course of the school of advanced
military studies of the United States Army Command and General Staff
College
Section 2151(b) of
title 10, United States Code, is amended—
(1) by adding at the
end of paragraph (1) the following new subparagraph:
(E) The senior-level
course of the School of Advanced Military Studies of the United States Army
Command and General Staff
College.
.
(2) in paragraph
(2)(A), by inserting before the period at the end the following: (other
than with respect to the course specified in paragraph (1)(E)).
D
Administrative
Procedure
531.
Procedures for
judicial review of military personnel decisions relating to correction of
military records
(a)
Judicial
review
(1)
In
general
Chapter 79 of title 10, United States Code, is amended by
adding at the end the following new section:
1560.
Judicial
review of decisions relating to correction of military records
(a)
Availability of
judicial review
(1)
In
general
Any person adversely affected by a records correction
final decision may obtain judicial review of the decision in a court with
jurisdiction to hear the matter.
(2)
Records
correction final decision defined
In this section, the term
records correction final decision means any of the
following:
(A) A final decision
issued by the Secretary concerned pursuant to section 1552 of this
title.
(B) A final decision
issued by the Secretary of a military department or the Secretary of Homeland
Security pursuant to section 1034(f) of this title.
(C) A final decision
issued by the Secretary of Defense pursuant to section 1034(g) of this
title.
(b)
Matters must be
justiciable
Notwithstanding subsection (a), a court in which
judicial review of a records correction final decision is sought does not have
jurisdiction to review any matter or issue raised in a petition of review that
is not justiciable.
(c)
Exhaustion of
administrative remedies
(1)
General
rule
Except as provided in paragraph (3), judicial review of a
matter that could be subject to correction under a provision of law specified
in subsection (a)(2) in a case arising after the date of the enactment of this
section may not be obtained under this section or any other provision of law
unless—
(A) the petitioner has
requested a correction under section 1552 of this title (including such a
request in a matter arising under section 1034 of this title); and
(B) the Secretary
concerned has rendered a final decision denying that correction in whole or in
part.
(2)
Whistleblower
cases
In a case arising after the date of the enactment of this
section in which the final decision of the Secretary concerned is subject to
review by the Secretary of Defense under section 1034(g) of this title, the
petitioner is not required to seek such review before obtaining judicial
review, but if the petitioner seeks such review, judicial review may not be
sought until the Secretary of Defense has made a decision in the matter or the
end of the period specified in that section for the Secretary to make such a
decision, whichever occurs first.
(3)
Class
actions
In the case of a matter subject to correction under a
provision of law specified in subsection (a)(2) in a case arising after the
date of the enactment of this section in which judicial review is not precluded
by reason of paragraph (1) or (2), if judicial review of a records correction
final decision of the matter is sought and if the petitioner for judicial
review also seeks to bring a class action with respect to a matter for which
the petitioner requested a correction under section 1552 of this title
(including such a request in a matter arising under section 1034 of this title)
and if the court issues an order certifying a class in the case, the
limitations of paragraphs (1) and (2) shall be inapplicable to any member of
the class (other than the petitioner) with respect to any matter covered by a
claim for which the class is certified.
(d)
Statutes of
limitation
(1)
Two years from
final decision
In the case of a records correction final decision
that is issued on or after the date of the enactment of this section, such
decision is not subject to judicial review under this section or otherwise
subject to review in any court unless petition for such review is filed in a
court not later than two years after the date of the final decision other than
in a matter to which paragraph (2) applies.
(2)
Six years for
certain claims that may result in payment of money
(A) In the case of a records
correction final decision that is issued on or after the date of the enactment
of this section and which is described in subparagraph (B), such decision (or
the portion of such decision described in such subparagraph) is not subject to
judicial review under this section or otherwise subject to review in any court
unless petition for such review is filed in a court not later than six years
after the date of discharge, retirement, release from active duty, or death
while on active duty of the person whose military records are the subject of
the correction request. There shall be excluded from the computation of such
six-year period the period (i) beginning on the date of the filing with the
Secretary of a request for correction of military records leading to the
records correction final decision, and (ii) ending on the date of such
decision.
(B) A records correction final decision is
described in this subparagraph to the extent that the decision, or portion of
the decision, is a denial of a claim that, if relief were to be granted by the
court, would support, or result in, the payment of money, other than payments
made under chapter 73 of this title, either under a court order or under a
subsequent administrative determination.
(e)
Sole basis for
judicial review
In the case of a cause of action arising after
the date of the enactment of this section, no court shall have jurisdiction to
review any matter subject to correction under a provision of law specified in
subsection (a)(2) except as provided in this section.
(f)
Habeas
corpus
This section does not affect any cause of action arising
under chapter 153 of title
28.
.
(2)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
1560. Judicial review of
decisions.
.
(b)
Effect of denial
of request for correction of records when prohibited personnel action
alleged
(1)
Notice of
denial; procedures for judicial review
Subsection (f) of section
1034 of such title is amended by adding at the end the following new
paragraph:
(7) In any case in which the final
decision of the Secretary concerned results in denial, in whole or in part, of
any requested correction of the record of the member or former member, the
Secretary concerned shall provide the member or former member a concise written
statement of the basis for the decision and a notification of the availability
of judicial review of the decision pursuant to section 1560 of this title and
the time for obtaining such
review.
.
(2)
Secretary of
defense review; notice of denial
Subsection (g) of such section
is amended—
(A) by inserting
(1) before Upon the completion of all; and
(B) by adding at the
end the following new paragraph:
(2) The submittal of a matter to the
Secretary of Defense by the member or former member under paragraph (1) must be
made within 90 days of the receipt by the member or former member of the final
decision of the Secretary of the military department concerned in the matter.
In any case in which the final decision of the Secretary of Defense results in
denial, in whole or in part, of any requested correction of the record of the
member or former member, the Secretary of Defense shall provide the member or
former member a concise written statement of the basis for the decision and a
notification of the availability of judicial review of the decision pursuant to
section 1560 of this title and the time for obtaining such
review.
.
(3)
Sole basis for
judicial review
Such section is further amended—
(A) by redesignating
subsections (h) and (i) as subsections (i) and (j), respectively; and
(B) by inserting after
subsection (g) the following new subsection (h):
(h)
Judicial
review
(1) A decision of the
Secretary of Defense under subsection (g) shall be subject to judicial review
only as provided in section 1560 of this title.
(2) In a case in which
review by the Secretary of Defense under subsection (g) was not sought, a
decision of the Secretary of a military department under subsection (f) shall
be subject to judicial review only as provided in section 1560 of this
title.
(3) A decision by the
Secretary of Homeland Security under subsection (f) shall be subject to
judicial review only as provided in section 1560 of this
title.
.
(c)
Effect of denial
of other requests for correction of military records
Section 1552
of such title is amended by adding at the end the following new
subsections:
(h) In any case in
which the final decision of the Secretary concerned results in denial, in whole
or in part, of any requested correction, the Secretary concerned shall provide
the claimant a concise written statement of the basis for the decision and a
notification of the availability of judicial review of the decision pursuant to
section 1560 of this title and the time for obtaining such review.
(i) A decision by the
Secretary concerned under this section shall be subject to judicial review only
as provided in section 1560 of this
title.
.
(d)
Effective date
and retroactive application
(1)
Effective
date
The amendments made by this section shall take effect one
year after the date of the enactment of this Act.
(2)
Retroactive
application
The amendments made by this section shall apply to
all final decisions of the Secretary of Defense under section 1034(g) of title
10, United States Code, and of the Secretary of a military department and the
Secretary of Homeland Security under sections 1034(f) or 1552 of such title,
whether rendered before, on, or after the date of the enactment of this
Act.
(3)
Transition
During
the period between the date of the enactment of this Act and the effective date
specified in paragraph (1), in any case in which the final decision of the
Secretary of Defense under section 1034(g) of title 10, United States Code, or
the Secretary concerned under sections 1034(f) or 1552 of title 10, United
States Code, results in denial, in whole or in part, of any requested
correction of the record of a member or former member of the Armed Forces or
the record of a claimant under such section 1552, the individual shall be
informed in writing of the time for obtaining review of the decision pursuant
to section 1560 of such title, as added by subsection (a).
(e)
Implementation
The
Secretaries concerned (as defined in section 101(a)(9) of title 10, United
States Code) may prescribe appropriate regulations, and interim guidance before
prescribing such regulations, to implement the amendments made by this section.
In the case of the Secretary of a military department, such regulations may not
take effect until approved by the Secretary of Defense.
(f)
Construction
This
section and the amendments made by this section do not affect the authority of
any court to exercise jurisdiction over any case that was properly before the
court before the effective date specified in subsection (d)(1).
E
Decorations and
Awards
541.
Repeal of
limitation on number of medals of honor that may be awarded to a member of the
Armed Forces
(a)
Army
Section
3744 (a) of title 10, United States Code, is amended by striking medal
of honor,.
(b)
Navy and marine
corps
Section 6247 of title 10, United States Code, is amended by
striking medal of honor,.
(c)
Air
force
Section 8744(a) of title 10, United States Code, is amended
by striking medal of honor,.
(d)
Coast
guard
Section 494 of title 14, United States Code, is amended by
striking medal of honor, both places it appears.
542.
Standardization
of time-limits for recommending and awarding a medal of honor, service cross,
or distinguished-service medal across the Armed Forces
(a)
Army
Section
3744(b) of title 10, United States Code, is amended—
(1) in paragraph (1),
by striking three years and inserting five years;
and
(2) in paragraph (2),
by striking two years and inserting three
years.
(b)
Air
force
Section 8744(b) of such title is amended—
(1) in paragraph (1),
by striking three years and inserting five
years; and
(2) in paragraph (2),
by striking two years and inserting three
years.
543.
Recodification
and revision of Army, Navy, Air Force, and Coast Guard Medal of Honor
Roll
(a)
Automatic
enrollment and furnishing of certificate
(1)
In
general
Chapter 57 of title 10, United States Code, is amended by
adding at the end the following new section:
1136.
Army, Navy,
Air Force, and Coast Guard Medal of Honor Roll
(a)
Establishment
There
shall be in the Department of the Army, the Department of the Navy, the
Department of the Air Force, and the Department of Homeland Security,
respectively, a roll designated as the Army, Navy, Air Force, and Coast
Guard Medal of Honor Roll.
(b)
Enrollment
The
Secretary concerned shall enter and record on such roll the name of each person
who has served on active duty in the armed forces and who has been awarded a
medal of honor pursuant to section 3741, 6241, or 8741 of this title or section
491 of title 14.
(c)
Certificate
(1)
In
general
Each living person whose name is entered on the Army,
Navy, Air Force, and Coast Guard Medal of Honor Roll shall be furnished a
certificate of enrollment on such roll.
(2)
Entitlement to
special pension
The Secretary concerned shall deliver to the
Secretary of Veterans Affairs a certified copy of each certificate of
enrollment issued under paragraph (1). Such copy shall authorize the Secretary
of Veterans Affairs to pay the special pension provided by section 1562 of
title 38 to the person named in the
certificate.
.
(2)
Clerical
amendment
The table of sections at the beginning of such chapter
of title 10 is amended by adding at the end the following new item:
1136. Army, Navy, Air Force, and Coast
Guard Medal of Honor
Roll.
.
(b)
Special
pension
(1)
Automatic
entitlement
Section 1562(a) of title 38, United States Code, is
amended—
(A) by inserting
living after each;
(B) by striking
subsection (c) of section 1561 of this title and inserting
subsection (c)(2) of section 1136 of title 10; and
(C) by striking
application therefor under section 1560 of this title and
inserting such person’s name is entered on the Army, Navy, Air Force,
and Coast Guard Medal of Honor Roll under section 1136(b) of title
10.
(2)
Election to
decline special pension
Section 1562 of such title is further
amended by adding at the end the following new subsection:
(g)
(1) A person who is entitled
to a special pension under subsection (a) may elect not to receive such special
pension by notifying the Secretary of such election in writing.
(2) The Secretary, upon receipt of such
election, shall cease payments of the special pension to such
person.
.
(3)
Technical
amendment
Section 1562(a) of such title is further amended by
striking roll and inserting Roll.
(c)
Conforming
amendments
(1)
Repeal of
recodified provisions
Sections 1560 and 1561 of title 38, United
States Code, are repealed.
(2)
Clerical
amendments
The table of sections at the beginning of chapter 15
of such title is amended, by striking the items relating to sections 1560 and
1561.
(d)
Effective
date
The amendments made by this section shall be effective with
respect to medals of honor awarded on or after the date of the enactment of
this Act.
F
Other
Matters
551.
Authority to
provide certain expenses for care and disposition of human remains that were
retained by the Department of Defense for forensic pathology
investigation
(a)
Disposition of
remains of persons whose death is investigated by the armed forces medical
examiner
(1)
Covered
decedents
Section 1481(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
(10) To the extent
authorized under section 1482(g) of this title, any person not otherwise
covered by the preceding paragraphs whose remains (or partial remains) have
been retained by the Secretary concerned for purposes of a forensic pathology
investigation by the Armed Forces Medical Examiner under section 1471 of this
title.
.
(2)
Authorized
expenses relating to care and disposition of remains
Section 1482
of such title is amended by adding at the end the following new
subsection:
(g)
(1) The payment of expenses
incident to the recovery, care, and disposition of the remains of a decedent
covered by section 1481(a)(10) of this title is limited to those expenses that,
as determined under regulations prescribed by the Secretary of Defense, would
not have been incurred but for the retention of those remains for purposes of a
forensic pathology investigation by the Armed Forces Medical Examiner under
section 1471 of this title. The Secretary concerned shall pay all other
expenses authorized to be paid under this section only on a reimbursable basis.
Amounts reimbursed to the Secretary concerned under this subsection shall be
credited to appropriations available at the time of reimbursement for the
payment of such expenses.
(2) In a case covered by paragraph (1),
if the person designated under subsection (c) to direct disposition of the
remains of a decedent does not direct disposition of the remains that were
retained for the forensic pathology investigation, the Secretary may pay for
the transportation of those remains to, and interment or inurnment of those
remains in, an appropriate place selected by the Secretary, in lieu of the
transportation authorized to be paid under paragraph (8) of subsection
(a).
(3) In a case covered by paragraph (1),
expenses that may be paid do not include expenses with respect to an escort
under paragraph (8) of subsection (a), whether or not on a reimbursable
basis.
.
(b)
Clarification of
coverage of inurnment
Section 1482(a)(9) of such title is amended
by inserting or inurnment after interment.
(c)
Technical
amendment
Section 1482(f) of such title is amended in the third
sentence by striking subsection and inserting
section.
552.
Expansion of
privileged information provision to debriefing reports of certain recovered
persons who were never placed in a missing status
(a)
Personnel
files
Section 1506 of title 10, United States Code is
amended—
(1) in subsection
(d)—
(A) by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(B) by inserting after
paragraph (1) the following new paragraph (2):
(2) The Secretary concerned shall
withhold from personnel files under this section, as privileged information,
any survival, evasion, resistance and escape debriefing report provided by a
person described in section 1501(c) of this title who is returned to United
States control which is obtained under a promise of confidentiality made for
the purpose of ensuring the fullest possible disclosure of
information.
.
(2) in subsection (f),
by striking paragraphs (2) and (3) and inserting
paragraphs (3) and (4).
(b)
Definition
Section
1513 of such title is amended by adding at the end the following new
paragraph:
(9) The term
survival, evasion, resistance, and escape debrief means an
interview conducted with a person described in section 1501(c) of this title
who is returned to United States control in order to record the person’s
experiences while surviving, evading, resisting interrogation or exploitation,
or
escaping.
.
553.
Additional
requirements for accounting for members of the Armed Forces and Department of
Defense civilian employees listed as missing
Section 1501(a)(1) of title 10, United
States Code, is amended—
(1) by striking
and at the end of subparagraph (B);
(2) by striking the
period at the end of subparagraph (C) and inserting ; and;
and
(3) by adding at the
end the following new subparagraph:
(D) coordination of periodic briefing of
families of missing persons about the efforts of the Department of Defense to
account for those
persons.
.
554.
Family support
programs for immediate family members of special operations forces
members
(a)
Chaplain-Led
programs
The Commander of the United States Special Operations
Command may provide support services described in section 1789(b) of title 10,
United States Code, to support the immediate family members (as defined in
section 1789(c) of such title) of members of the Armed Forces assigned to
special operations forces (as defined in section 167(i) of such title) if the
Commander determines—
(1) that there is a
direct and concrete relationship between—
(A) chaplain-led
programs authorized in section 1789 of such title, and
(B) the readiness of
special operations forces; and
(2) that such support
is not being provided to those family members by the Secretary of a military
department.
(b)
Additional
authority
The Commander of the United States Special Operations
Command may expend up to $10,000,000 during any fiscal year during which this
subsection is in effect to provide support services described in section
1789(b) of title 10, United States Code, to support family programs directed by
medical personnel, behavior health professionals, and family readiness
professionals of the Department of Defense to build and maintain the resiliency
of members of the Armed Forces assigned to special operations forces (as
defined in section 167(i) of such title) and their immediate family members (as
defined in section 1789(c) of such title).
(c)
Period of
authority
The authority under this section is in effect during
each of fiscal years 2014 through 2016.
VI
Compensation and
Other Personnel Benefits
A
Pay and
Allowances
601.
Increase in
military basic pay for fiscal year 2014
(a)
Waiver of
section 1009 adjustment
The adjustment to become effective during
fiscal year 2014 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, 2014, the rates of monthly
basic pay for members of the uniformed services are increased by 1.0
percent.
602.
Extension of
temporary army authority to provide additional recruitment
incentives
Subsection (i)(1)
of section 681 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109–163; 10 U.S.C. 503 note) is amended by striking December
31, 2012 and inserting December 31, 2015.
B
Disability,
Retired Pay, and Survivor Benefits
621.
Overpayments of
division of pay as a result of retroactive change in disposable retired
pay
(a)
Amendment
Section
1414(d) of title 10, United States Code, is amended by adding at the end the
following new paragraph:
(3)
(A) An election by a member
to change from receipt of retired pay in accordance with this section to
receipt of special compensation in accordance with section 1413a of this title
pursuant to paragraph (2), shall not affect payments made before the date of
such election to the member’s spouse or former spouse pursuant to section 1408
of this title, of disposable retired pay that a court treated as property for
the purpose of issuing a final decree of divorce, dissolution, annulment, or
legal separation, including a court ordered, ratified, or approved property
settlement incident to such decree.
(B) In this paragraph:
(i) The term court has
the meaning given such term in section 1408(a)(1) of this title.
(ii) The term disposable retired
pay has the meaning given such term in section 1408(a)(4) of this
title.
(iii) The term final
decree has the meaning given such term in section 1408(a)(3) of this
title.
(iv) The term member has
the meaning given such term in section 1408(a)(5) of this title.
(v) The term spouse or former
spouse has the meaning given such term in section 1408(a)(6) of this
title.
.
(b)
Applicability
Paragraph
(3) of section 1414(d) of title 10, United States Code, as added by subsection
(a), shall apply with respect to payments made under section 1408 of title 10,
United States Code, on or after the date of the enactment of this Act.
VII
HEALTH CARE
PROVISIONS
701.
Revisions to
TRICARE cost sharing requirements
(a)
TRICARE prime
enrollment fees
Section 1097 of title 10, United States Code, is
amended—
(1) in subsection
(e)—
(A) by striking
(1) before The Secretary; and
(B) by striking
paragraph (2); and
(2) by adding at the
end the following new subsection:
(f)
Enrollment
fees
(1)
Amount
Beginning
January 1, 2014, the enrollment fee described in subsection (e) for a covered
beneficiary shall be an amount (rounded to the nearest dollar) equal to the
applicable percentage (specified in paragraph (2)) of the 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 nor less than the applicable minimum
enrollment fee specified in paragraph (3).
(2)
Percentage of
retired pay
The applicable percentage of retired pay shall be
determined in accordance with the following table:
For:The applicable percentage for a
family group of two or more persons is:The applicable percentage for an
individual is:
20142.95%1.475%
20153.30%1.650%
20163.65%1.825%
2017 and after4.00% 2.000%.
(3)
Maximum and
minimum enrollment fees
(A)
Before
2018
(i)
Family
groups
For the years 2014 through 2017, the applicable maximum
and minimum enrollment fees for a family group of two or more persons shall be
determined in accordance with the following table:
For:The applicable minimum enrollment fee is:The applicable maximum enrollment fee for a family
group whose eligibility is based upon a member or former member of retired
grade O–7 or above is:The
applicable maximum enrollment fee for a family group whose eligibility is based
upon a member or former member of retired grade O–6 or below is:
2014$548$900$750
2015$558$1,200$900
2016$569$1,500$1,050
2017$581$1,800$1,200.
(ii)
Individuals
The
applicable maximum and minimum enrollment fees for an individual shall be
one-half the corresponding maximum and minimum enrollment fees for a family
group of two or more persons (as specified in clause (i)).
(B)
After
2017
For any year after 2017, the applicable maximum and minimum
enrollment fees shall be equal to the maximum and minimum enrollment fees for
the previous year increased by the percentage by which retired pay is increased
under section 1401a of this title for such calendar year.
(4)
Exclusion
Notwithstanding
paragraph (1), the enrollment fee described in subsection (e) for a dependent
of a member of the uniformed services who dies while on active duty, a member
retired under chapter 61 of this title, or for a dependent of such a member
shall not exceed the amount of any such enrollment fee for
2013.
.
(b)
TRICARE standard
enrollment fees and cost sharing
Section 1086(b) of such title is
amended to read as follows:
(b) For a person
covered by this section, any plan contracted for under section 1079(a) of this
title shall contain the following provisions for payment by the patient:
(1) An annual
enrollment fee. The amount of such annual enrollment fee for a year is—
(A) for 2014, $70 for
an individual or $140 for a family group of two or more persons;
(B) for 2015, $85 for
an individual or $170 for a family group of two or more persons;
(C) for 2016, $100 for
an individual or $200 for a family group of two or more persons;
(D) for 2017, $115 for
an individual or $230 for a family group of two or more persons;
(E) for 2018, $125 for
an individual or $250 for a family group of two or more persons; and
(F) for any year after
2018, the amount of the applicable enrollment fee for the previous year
increased by the percentage by which retired pay is increased under section
1401a of this title for such year.
(2) An annual
deductible of the charges in a year for all types of care authorized by this
section and received while in an outpatient status and 25 percent of all
subsequent charges for such care during a year. The amount of such annual
deductible for a year is—
(A) for 2014, $160 for
an individual or $320 for a family group of two or more persons;
(B) for 2015, $200 for
an individual or $400 for a family group of two or more persons;
(C) for 2016, $230 for
an individual or $460 for a family group of two or more persons;
(D) for 2017, $260 for
an individual or $520 for a family group for a family group of two or more
persons;
(E) for 2018, $290 for
an individual or $580 for a family group of two or more persons; and
(F) for any year after
2018, the amount of the applicable deductible for the previous year increased
by the percentage by which retired pay is increased under section 1401a of this
title for such year.
(3) 25 percent of the
charges for inpatient care. The Secretary of Defense may exempt a patient from
paying such charges if the hospital to which the patient is admitted does not
impose a legal obligation on any of its patients to pay for inpatient
care.
(4) A person covered
by this section may not be required to pay a total in excess of a catastrophic
cap, excluding the amount of any annual enrollment fee under paragraph (1), for
health care received during any year under a plan contracted for under section
1079(a) of this title. The amount of such catastrophic cap for a year
is—
(A) for 2013, $3,000;
and
(B) for any year after
2013, the amount of the catastrophic cap for the previous year increased by the
percentage by which retired pay is increased under section 1401a of this title
for such year.
(5) Notwithstanding
paragraphs (1), (2), and (4), for a dependent of a member of the uniformed
services who dies while on active duty, a member retired under chapter 61 of
this title, or a dependent of such a member—
(A) there is no annual
enrollment fee;
(B) the annual
deductible referred to in paragraph (2) for a year is $150 for an individual or
$300 for a family group of two or more persons; and
(C) the catastrophic
cap for a year is
$3,000.
.
(c)
TRICARE for life
enrollment fees
Section 1086(d)(3) of such title is amended by
adding at the end the following new subparagraph:
(D)
(i) Beginning January 1,
2014, a person described in paragraph (2) (except as provided in clauses (vi)
and (vii)), shall pay an annual enrollment fee as a condition of eligibility
for health care benefits under this section. Such enrollment fee shall be an
amount (rounded to the nearest dollar) equal to the applicable percentage
(specified in clause (ii)) of the retired pay of the member or former member
upon whom the covered beneficiary’s eligibility is based, except that the
amount of such enrollment fee shall not be in excess of the applicable maximum
enrollment fee (specified in clause (iii)).
(ii) The applicable percentage of retired
pay shall be determined in accordance with the following table:
For:The applicable percentage for a family group of two or more
persons is:The
applicable percentage for an individual is:
20140.50%0.25%
20151.00%0.50%
20161.50%0.75%
2017 and
after2.00% 1.00%.
(iii) For any year 2014 through 2017, the
applicable maximum enrollment fees for a family group of two or more persons
shall be determined in accordance with the following table:
For:The applicable maximum enrollment fee for a family group whose
eligibility is based upon a member or former member of retired grade O–7 or
above is:The applicable maximum enrollment
fee for a family group whose eligibility is based upon a member or former
member of retired grade O–6 or below is:
2014$200$150
2015$400$300
2016$600$450
2017$800 $600.
(iv) For any year after 2017, the
applicable maximum enrollment fee shall be equal to the maximum enrollment fee
for the previous year increased by the percentage by which retired pay is
increased under section 1401a of this title for such year.
(v) The applicable maximum enrollment fee
for an individual shall be one-half the corresponding maximum fee for a family
group of two or more persons (as determined under clauses (iii) and
(iv)).
(vi) Clause (i) shall not apply to a
dependent of a member of the uniformed services who dies while on active duty,
a member retired under chapter 61 of this title, or a dependent of such a
member.
(vii) Clause (i) also shall not apply to
a person who, prior to the date of the enactment of this subparagraph, met the
conditions described in paragraph (2)(A) and
(B).
.
(d)
TRICARE pharmacy
program requirements
(1)
Availability of
pharmaceutical agents through national mail-order pharmacy
program
Section 1074g(a)(5) of such title is amended—
(A) by striking
at least one of the means described in paragraph (2)(E) and
inserting the national mail-order pharmacy program; and
(B) by striking
may include and all that follows through the end of the
paragraph and inserting shall include cost sharing by the eligible
covered beneficiary as specified in paragraph (6)..
(2)
Cost sharing
amounts
Section 1074g(a)(6) of such title is amended to read as
follows:
(6)
(A) In the case of any of
the years 2014 through 2023, the cost sharing amounts referred to in paragraph
(5) shall be determined in accordance with the following table:
For:The cost sharing amount for 30-day supply of a retail
generic is:The cost sharing
amount for 30-day supply of a retail formulary is:The cost sharing amount for a 90-day supply of a mail
order generic is:The cost sharing
amount for a 90-day supply of a mail order formulary is:The cost amount for a 90-day supply of a mail order
non-formulary is:
2014$5$26$0$26$51
2015$6$28$0$28$54
2016$7$30$0$30$58
2017$8$32$0$32$62
2018$9$34$9$34$66
2019$10$36$10$36$70
2020$11$38$11$38$75
2021$12$40$12$40$80
2022$13$43$13$43$85
2023$14$45$14$45$90.
(B) For any year after 2023, the cost
sharing amounts referred to in paragraph (5) shall be equal to the cost sharing
amounts for the previous year, adjusted by an amount, if any, as determined by
the Secretary to reflect changes in the costs of pharmaceutical agents and
prescription dispensing, rounded to the nearest dollar.
(C) Notwithstanding subparagraphs (A) and
(B), the cost-sharing amounts referred to in paragraph (5) for any year for a
dependent of a member of the uniformed services who dies while on active duty,
a member retired under chapter 61 of this title, or a dependent of such a
member shall be equal to the cost sharing amounts, if any, for fiscal year
2013.
.
(3)
Refills of
prescription maintenance medications through the national mail order pharmacy
program
(A)
In
general
Such section 1074g is further amended by adding at the
end the following new subsection:
(i)
Refills of
prescription maintenance medications through the national mail order pharmacy
program
(1)
In
general
The pharmacy benefits program shall require eligible
covered beneficiaries to refill non-generic prescription maintenance
medications through military treatment facility pharmacies or the national
mail-order pharmacy program.
(2)
Medications
covered
(A)
Determination
The
Secretary shall determine the maintenance medications subject to the
requirement under paragraph (1).
(B)
Supply
In
carrying out the requirement under paragraph (1), the Secretary shall ensure
that the medications subject to the requirement under paragraph (1) are—
(i) generally
available to eligible covered beneficiaries through retail pharmacies only for
an initial filing of a 30-day or less supply; and
(ii) any refills of
such medications are obtained through a military treatment facility pharmacy or
the national mail-order pharmacy program.
(C)
Exemption
The
Secretary may exempt the following prescription maintenance medications from
the requirements in subparagraph (B):
(i) Medications that
are for acute care needs.
(ii) Such other
medications as the Secretary determines
appropriate.
.
(B)
Conforming
amendment
Section 716 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112–239; 125 Stat. 1804) is repealed.
(e)
Additional
realignment of TRICARE health benefit years from fiscal year to calendar year
basis
(1)
TRICARE
standard
Section 1079(b) of such title 10 is amended by striking
fiscal each place it appears.
(2)
Transition
period
The Secretary of Defense shall prescribe regulations to
transition TRICARE health plan benefit years from a fiscal-year basis to a
calendar-year basis pursuant to the amendments made by this subsection.
(3)
Conforming and
technical amendments
Section 724 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073
note) is amended—
(A) in subsection
(b)—
(i) by
striking For each fiscal year beginning after September 30, 1997,
the and inserting The;
(ii) by
inserting during any year after by designated
providers; and
(iii) by
striking fiscal year. and inserting year.;
and
(B) in subsection
(d)(2)(B)—
(i) by
striking For each fiscal year beginning after September 30, 2003,
the and inserting The;
(ii) by
striking during such fiscal year the first place it appears and
inserting during any year; and
(iii) by
striking fiscal year. and inserting year..
(f)
Authority To
adjust payments into the medicare-Eligible retiree health care
fund
Section 1116 of such title is amended by adding at the end
the following new subsection:
(e)
(1) During any fiscal year,
if the Secretary of Defense determines that the amount certified under
subsection (c) is no longer accurate because of a significant change in
circumstances or law, the Secretary of Defense may, if appropriate, certify a
revised amount determined in accordance with subsection (b)(2) to the Secretary
of the Treasury.
(2) If the Secretary of Defense makes a
certification under paragraph (1), each other administering Secretary shall
make and advise the Secretary of the Treasury of a revised determination,
consistent with section 1111(c) of this title.
(3) If a certification and determination
are made under paragraphs (1) and (2), the Secretary of the Treasury shall
promptly pay into or recoup from the Fund the difference between the amount
paid into the Fund under subsection (a) and the amount certified or determined
by the administering Secretary under paragraph (1) or
(2).
.
702.
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..
VIII
Acquisition
Policy, Acquisition Management, and Related Matters
801.
Clarification
of scope of supplies covered by statutory rapid acquisition
authority
Section 806(g) of
the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107–314; 10 U.S.C. 2302 note) is amended—
(1) by striking Associated Support Services
Defined.—In the section, the term and inserting
Definitions.—In this section:; and
(2) by adding at the
end the following new paragraph:
(2)
Supplies
The
term supplies means all property except land or interest in
land.
.
802.
Reduction in
costs to report critical changes to major automated information system
programs
(a)
Extension of a
program defined
Section 2445a of title 10, United States Code, is
amended adding at the end the following new subsection:
(g)
Extension of a
program
In this chapter, the term extension of a
program means, with respect to a major automated information system
program or other major information technology investment program, the further
deployment or planned deployment to additional users of the system which has
already been found operationally effective and suitable by an independent test
agency or the Director of Operational Test and Evaluation, beyond the scope
planned in the original estimate or information originally submitted on the
program.
.
(b)
Reports on
critical changes in MAIS programs
Subsection (d) of section 2445c
of such title is amended—
(1) in paragraph (1),
by striking paragraph (2) and inserting paragraph
(3);
(2) by redesignating
paragraph (2) as paragraph (3); and
(3) by inserting after
paragraph (1) the following new paragraph (2):
(2)
Notification
when variance due to congressional action or extension of
program
If a senior Department of Defense official who, following
receipt of a quarterly report described in paragraph (1) and making a
determination described in paragraph (3), also determines that the
circumstances resulting in the determination described in paragraph (3) either
(A) are primarily the result of congressional action, or (B) are primarily due
to an extension of a program, the official may, in lieu of carrying out an
evaluation and submitting a report in accordance with paragraph (1), submit to
the congressional defense committees, within 45 days after receiving the
quarterly report, a notification that the official has made those
determinations. If such a notification is submitted, the limitation in
subsection (g)(1) does not apply with respect to that determination under
paragraph
(3).
.
(c)
Conforming
cross-Reference amendment
Subsection (g)(1) of such section is
amended by striking subsection (d)(2) and inserting
subsection (d)(3).
(d)
Total
acquisition cost information
(1) Section
2445b(b)(3) of title 10, United States Code, is amended by striking
development costs and inserting total acquisition
costs.
(2) Section 2445c of
such title is amended—
(A) in subparagraph
(B) of subsection (c)(2), by striking program development cost
and inserting total acquisition cost; and
(B) in subparagraph
(C) of subsection (d)(3) (as redesignated by subsection (b)(2)), by striking
program development cost and inserting total acquisition
cost.
(e)
Clarification of
cross-Reference
Section 2445c(g)(2) of such title is amended by
striking in compliance with the requirements of subsection
(d)(2) and inserting under subsection (d)(1)(B).
803.
Modification of
reporting requirement for Department of Defense business system acquisition
programs when initial operating capability is not achieved within five years of
Milestone A approval
(a)
Submission to
pre-Certification authority
Subsection (b) of section 811 of the
John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law
109–364; 120 Stat. 2316) is amended by striking the system shall be
deemed to have undergone and all that follows through the period and
inserting the appropriate official shall report such failure, along with
the facts and circumstances surrounding the failure, to the appropriate
pre-certification authority for that system under section 2222 of title 10,
United States Code, and the information so reported shall be considered by the
pre-certification authority in the decision whether to recommend certification
of obligations under that section..
(b)
Covered
systems
Subsection (c) of such section is amended—
(1) by striking
3542(b)(2) of title 44 and inserting section 2222(j)(2)
of title 10; and
(2) by inserting
, and that is not designated in section 2445a of title 10, United States
Code, as a major automated information system program or an
other major information technology investment program
before the period at the end.
(c)
Updated
references to DoD issuances
Subsection (d) of such section is
amended—
(1) in paragraph (1),
by striking Department of Defense Instruction 5000.2 and
inserting Department of Defense Directive 5000.01; and
(2) in paragraph (2),
by striking Department of Defense Instruction 5000.2, dated May 12,
2003 and inserting Department of Defense Instruction 5000.02,
dated December 3, 2008.
804.
Enhanced
transfer of technology developed at Department of Defense laboratories
(a)
Definitions
As
used in this section:
(1) The terms
department and military department have the
meaning given those terms in section 101 of title 10, United States
Code.
(2) The term
DoD laboratory or laboratory means any facility
or group of facilities that—
(A) is owned, leased,
operated, or otherwise used by the Department of Defense; and
(B) meets the
definition of laboratory as provided in subsection (d)(2) of
section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a).
(b)
Authority
(1)
In
general
The Secretary of Defense and the Secretaries of the
military departments each may authorize the heads of DoD laboratories to grant
nonexclusive, exclusive, or partially exclusive licenses, royalty free or for
royalties or for rights to other intellectual property, for computer software
and its related documentation developed at a DoD laboratory, but only
if—
(A) the computer
software and related documentation would be a trade secret under the meaning of
section 552(b)(4) of title 5, United States Code, if the information had been
obtained from a non-Federal party;
(B) the public is
notified of the availability of the software and related documentation for
licensing and interested parties have a fair opportunity to submit applications
for licensing;
(C) such licensing
activities and licenses shall comply with the requirements under section 209 of
title 35, United States Code; and
(D) the software
originally was developed to meet the military needs of the Department of
Defense.
(2)
Protections
against unauthorized disclosure
The Secretary of Defense and the
Secretaries of the military departments each shall provide appropriate
precautions against the unauthorized disclosure of any computer software or
documentation covered by paragraph (1)(A), including exemption from section 552
of title 5, United States Code, for a period of up to 5 years after the
development of the computer software by the DoD laboratory.
(c)
Royalties
(1)
Use of
royalties
Except as provided in paragraph (2), any royalties or
other payments received by the department from licensing computer software or
documentation under paragraph (b)(1) shall be retained by the department and
shall be disposed of as follows:
(A)
(i) The department shall pay
each year the first $2,000, and thereafter at least 15 percent, of the
royalties or other payments to be divided among the employees who developed the
computer software.
(ii) The department may provide
appropriate lesser incentives, from royalties or other payments, to laboratory
employees who are not developers of such computer software but who
substantially increased the technical value of the software.
(iii) The department shall retain the
royalties and other payments received until it makes payments to employees of a
DoD laboratory under clause (i) or (ii).
(iv) The department may retain an
amount reasonably necessary to pay expenses incidental to the administration
and distribution of royalties or other payments under this section by an
organizational unit of the department other than its laboratories.
(B) The balance of the royalties or other
payments shall be transferred by the department to its laboratories, with the
majority share of the royalties or other payments going to the laboratory where
the development occurred. The royalties or other payments so transferred to any
DoD laboratory may be used or obligated by that laboratory during the fiscal
year in which they are received or during the 2 succeeding fiscal years—
(i) to reward scientific, engineering,
and technical employees of the DoD laboratory, including developers of
sensitive or classified technology, regardless of whether the technology has
commercial applications;
(ii) to further scientific exchange
among the laboratories of the agency;
(iii) for education and training of
employees consistent with the research and development missions and objectives
of the department or DoD laboratory, and for other activities that increase the
potential for transfer of the technology of the laboratories;
(iv) for payment of expenses incidental
to the administration and licensing of computer software or other intellectual
property made at that DoD laboratory, including the fees or other costs for the
services of other agencies, persons, or organizations for intellectual property
management and licensing services; or
(v) for scientific research and
development consistent with the research and development missions and
objectives of the DoD laboratory.
(C) All royalties or other payments
retained by the department or DoD laboratory after payments have been made
pursuant to subparagraphs (A) and (B) that are unobligated and unexpended at
the end of the second fiscal year succeeding the fiscal year in which the
royalties and other payments were received shall be paid into the
Treasury.
(2)
Exception
If,
after payments under paragraph (1)(A), the balance of the royalties or other
payments received by the department in any fiscal year exceed 5 percent of the
funds received for use by the DoD laboratory for research, development,
engineering, testing and evaluation or other related administrative, processing
or value-added activities for that year, 75 percent of such excess shall be
paid to the Treasury of the United States and the remaining 25 percent may be
used or obligated under paragraph (1)(B). Any funds not so used or obligated
shall be paid into the Treasury of the United States.
(3)
Status of
payments to employees
Any payment made to an employee under this
section shall be in addition to the regular pay of the employee and to any
other awards made to the employee, and shall not affect the entitlement of the
employee to any regular pay, annuity, or award to which the employee is
otherwise entitled or for which the employee is otherwise eligible or limit the
amount thereof except that the monetary value of an award for the same project
or effort shall be deducted from the amount otherwise available under this
paragraph. Payments, determined under the terms of this paragraph and made to
an employee developer as such, may continue after the developer leaves the DoD
laboratory or department. Payments made under this section shall not exceed
$75,000 per year to any one person, unless the President approves a larger
award (with the excess over $75,000 being treated as a Presidential award under
section 4504 of title 5).
(d)
Information in
report
The report required by section 2515(d) of title 10, United
States Code, shall include information regarding the implementation and
effectiveness of this section.
(e)
Expiration
The
authority provided in this section shall expire on December 31, 2018.
805.
Extension of
authority for program to award prizes for advanced technology
achievements
Section 2374a of
title 10, United States Code, is amended by striking September 30,
2013 in subsection (f) and inserting September 30,
2017.
806.
Revisions to
eligibility for, and amount of, financial assistance under Department of
Defense Science, Mathematics, and Research for Transformation program
(a)
Eligibility for
educational assistance
Paragraph (1) of section 2192a(b) of title
10, United States Code, is amended—
(1) by striking
subparagraph (A); and
(2) by redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.
(b)
Amount of
educational assistance
Paragraph (2) of such section is amended
by striking the amount determined and all that follows through
room and board and inserting an amount determined by the
Secretary of Defense.
(c)
Concurrence of
secretary of state for awards to non-Citizens
Such section is
further amended by adding at the end the following new paragraph:
(4) For the purposes of paragraph (1), a
scholarship or fellowship awarded to a person who is not a citizen of the
United States may only be awarded with the concurrence of the Secretary of
State.
.
IX
Department of
Defense Organization and Management
901.
Clarification
of the order of precedence for the Principal Deputy Under Secretaries of
Defense
Subsection (d) of
section 137a of title 10, United States Code, is amended by striking and
the Deputy Chief Management Officer of the Department of Defense. and
inserting the Deputy Chief Management Officer of the Department of
Defense, and the officials serving in positions specified in section 131(b)(4)
of this title..
902.
Update of
statutory specification of functions of the Chairman of the Joint Chiefs of
Staff relating to doctrine, training, and education
Paragraph (5) of section 153(a) of title
10, United States Code, is amended—
(1) in the paragraph
heading, by striking Doctrine, training, and education and
inserting Joint force
development activities;
(2) in subparagraph
(B), by inserting and technical standards, and executing actions
after policies;
(3) in subparagraph
(C), by striking and training; and
(4) by adding at the
end the following new subparagraphs:
(D) Formulating policies for concept
development and experimentation for the joint employment of the armed
forces.
(E) Formulating policies for gathering,
developing, and disseminating joint lessons learned for the armed
forces.
.
903.
Revision of
Secretary of Defense authority to engage in commercial activities as security
for intelligence collection activities
(a)
Period for
required audits
Section 432(b)(2) of such title is amended by
striking annually in the first sentence and inserting
biennially.
(b)
Repeal of
designation of defense intelligence agency as required oversight authority
within Department of Defense
Section 436(4) of such title is
amended—
(1) by striking
within the Defense Intelligence Agency and inserting
within the Department of Defense; and
(2) by striking
management and supervision and inserting
oversight.
(c)
Technical
amendments
(1)
Definition of
congressional intelligence committees
Section 437 of such title
is amended—
(A) in subsections (a)
and (b), by inserting congressional before intelligence
committees; and
(B) by adding at the
end the following new subsection:
(c)
Congressional
intelligence committees defined
In this section, the term
congressional intelligence committees has the meaning given that
term in section 3 of the National Security Act of 1947 (50 U.S.C.
401a).
.
(2)
Conforming
amendments
The second sentence of section 432(b)(2) of such title
is amended—
(A) by inserting
congressional before intelligence committees;
and
(B) by striking
section 437(d) and inserting section
437(c).
904.
Change to
reference to the major Department of Defense headquarters activities
issuance
Section 194(f) of
title 10, United States Code, is amended by striking Directive
5100.73 and all that follows and inserting Instruction 5100.73,
entitled Major DoD Headquarters Activities.
X
General
Provisions
A
Financial
Matters
B
Naval
Vessels
1011.
Repeal of
policy relating to propulsion systems of any new class of major combatant
vessels of the strike forces of the United States Navy
Section 1012 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 303), as
most recently amended by section 1013 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1908), is repealed.
1012.
Repeal of
requirements relating to procurement of future surface combatants
Section 125 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat 2214) is
repealed.
C
Other
Matters
1031.
Management of
Department of Defense installations
(a)
Secretary of
defense authority
Chapter 159 of title 10, United States Code, is
amended by inserting after section 2671 the following new section:
2672.
Protection of
property
(a)
In
general
The Secretary of Defense shall protect the buildings,
grounds, and property that are under the jurisdiction, custody, or control of
the Department of Defense and the persons on that property.
(b)
Officers and
agents
(1)
Designation
(A) The Secretary may
designate military or civilian personnel of the Department of Defense as
officers and agents to perform the functions of the Secretary under subsection
(a), including, with regard to civilian officers and agents, duty in areas
outside the property specified in that subsection to the extent necessary to
protect that property and persons on that property.
(B) A designation under subparagraph (A)
may be made by individual, by position, by installation, or by such other
category of personnel as the Secretary determines appropriate.
(C) In making a designation under
subparagraph (A) with respect to any category of personnel, the Secretary shall
specify each of the following:
(i) The personnel or positions to be
included in the category.
(ii) Which authorities provided for in
paragraph (2) may be exercised by personnel in that category.
(iii) In the case of civilian personnel
in that category—
(I) which authorities provided for in
paragraph (2), if any, are authorized to be exercised outside the property
specified in subsection (a); and
(II) with respect to the exercise of any such
authorities outside the property specified in subsection (a), the circumstances
under which coordination with law enforcement officials outside of the
Department of Defense should be sought in advance.
(D) The Secretary may make a designation
under subparagraph (A) only if the Secretary determines, with respect to the
category of personnel to be covered by that designation, that—
(i) the exercise of each specific
authority provided for in paragraph (2) to be delegated to that category of
personnel is necessary for the performance of the duties of the personnel in
that category and such duties cannot be performed as effectively without such
authorities; and
(ii) the necessary and proper training
for the authorities to be exercised is available to the personnel in that
category.
(2)
Powers
Subject
to subsection (h) and to the extent specifically authorized by the Secretary,
while engaged in the performance of official duties pursuant to this section,
an officer or agent designated under this subsection may—
(A) enforce Federal
laws and regulations for the protection of persons and property;
(B) carry
firearms;
(C) make
arrests—
(i) without a warrant
for any offense against the United States committed in the presence of the
officer or agent; or
(ii) for any felony
cognizable under the laws of the United States if the officer or agent has
reasonable grounds to believe that the person to be arrested has committed or
is committing a felony;
(D) serve warrants and
subpoenas issued under the authority of the United States; and
(E) conduct
investigations, on and off the property in question, of offenses that may have
been committed against property under the jurisdiction, custody, or control of
the Department of Defense or persons on such property.
(c)
Regulations
(1)
In
general
The Secretary may prescribe regulations, including
traffic regulations, necessary for the protection and administration of
property under the jurisdiction, custody, or control of the Department of
Defense and persons on that property. The regulations may include reasonable
penalties, within the limits prescribed in paragraph (2), for violations of the
regulations. The regulations shall be posted and remain posted in a conspicuous
place on the property to which they apply.
(2)
Penalties
A
person violating a regulation prescribed under this subsection shall be fined
under title 18, imprisoned for not more than 30 days, or both.
(d)
Limitation on
delegation of authority
The authority of the Secretary of Defense
under subsections (b) and (c) may be exercised only by the Secretary or Deputy
Secretary of Defense.
(e)
Disposition of
persons arrested
A person who is arrested pursuant to authority
exercised under subsection (b) may not be held in a military confinement
facility, other than in the case of a person who is subject to chapter 47 of
this title (the Uniform Code of Military Justice).
(f)
Facilities and
services of other agencies
In implementing this section, when the
Secretary determines it to be economical and in the public interest, the
Secretary may utilize the facilities and services of Federal, State, tribal,
and local law enforcement agencies, with the consent of those agencies, and may
reimburse those agencies for the use of their facilities and services.
(g)
Authority
outside federal property
For the protection of property under the
jurisdiction, custody, or control of the Department of Defense and persons on
that property, the Secretary may enter into agreements with Federal agencies
and with State, tribal, and local governments to obtain authority for civilian
officers and agents designated under this section to enforce Federal laws and
State, tribal, and local laws concurrently with other Federal law enforcement
officers and with State, tribal, and local law enforcement officers.
(h)
Attorney general
approval
The powers granted pursuant to subsection (b)(2) to
officers and agents designated under subsection (b)(1) shall be exercised in
accordance with guidelines approved by the Attorney General.
(i)
Limitation on
statutory construction
Nothing in this section shall be
construed—
(1) to preclude or
limit the authority of any Federal law enforcement agency;
(2) to restrict the
authority of the Secretary of Homeland Security or of the Administrator of
General Services to promulgate regulations affecting property under the custody
and control of that Secretary or the Administrator, respectively;
(3) to expand or limit
section 21 of the Internal Security Act of 1950 (50 U.S.C. 797);
(4) to affect chapter
47 of this title; or
(5) to restrict any
other authority of the Secretary of Defense or the Secretary of a military
department.
.
(b)
Clerical
amendment
The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2671 the following
new item:
2672. Protection of
property.
.
1033.
Repeal and
modification of reporting requirements
(a)
Title 10, united
states code
Title 10, United States Code, is amended as
follows:
(1) Section 113 is
amended by striking subsection (m).
(2) Section 117 is
amended by striking subsection (e).
(3) Section 127 is
amended by striking subsection (d).
(4) Section 129 is
amended by striking subsection (f).
(5) Section 153 is
amended by striking subsection (c).
(6)
(A) Section 229 is
repealed.
(B) The table of sections at the beginning
of chapter 9 is amended by striking the item relating to section 229.
(7)
(A) Section 483 is
repealed.
(B) The table of sections at the beginning
of chapter 23 is amended by striking the item relating to section 483.
(8)
(A) Section 489 is
repealed.
(B) The table of sections at the beginning
of chapter 23 is amended by striking the item relating to section 489.
(9) Section 1130 by
striking subsection (b).
(10) Section 1557 is
amended by striking subsection (e).
(11)
(A) Section 1563 is
repealed.
(B) The table of sections at the beginning
of chapter 80 is amended by striking the item relating to section 1563.
(12) Section 1781b is
amended by striking subsection (d).
(13) Section 2216 is
amended by striking subsection (i).
(14) Section 2244a(c)
is amended by striking the second sentence.
(15) Section 2350b is
amended by striking subsection (d).
(16) Section 2350j is
amended by striking subsection (e).
(17) Section 2350m is
amended by striking subsection (e).
(18)
(A) Section 2352 is
repealed.
(B) The table of sections at the beginning
of chapter 139 is amended by striking the item relating to section 2352.
(19) Section 2410i(c)
is amended by striking the last sentence.
(20)
(A) Section 2475 is
repealed.
(B) The table of sections at the beginning
of chapter 146 is amended by striking the item relating to section 2475.
(21)
(A) Section 2504 is
repealed.
(B) The table of sections at the beginning
of subchapter II of chapter 148 is amended by striking the item relating to
section 2504.
(22)
(A) Section 2536(b) is
amended by striking paragraph (2).
(B) Such section is further
amended—
(i) by striking (1) after
Authority.—;
(ii) by redesignating subparagraphs (A)
and (B) as paragraphs (1) and (2), respectively; and
(iii) by redesignating clauses (i) and
(ii) as subparagraphs (A) and (B), respectively.
(23) Section 2804(b)
is amended by striking the last sentence.
(24) Section 2827 is
amended—
(A) by striking
(a) Subject to subsection (b), the Secretary and inserting
The Secretary; and
(B) by striking
subsection (b).
(25) Section 2828 is
amended by striking subsection (f).
(26) Section 2835 is
amended—
(A) in subsection (a),
by striking Subject to subsection (b), the Secretary and
inserting The Secretary;
(B) by striking
subsection (b); and
(C) by striking
subsection (g).
(27) Section 2837 is
amended—
(A) in subsection
(c)—
(i) by striking (1) after
Opportunities.—; and
(ii) by
striking paragraph (2); and
(B) by striking
subsection (f).
(28) Section 2854a is
amended by striking subsection (c).
(29) Section 2861 is
amended by striking subsections (c) and (d).
(30) Section 2866(c)
is amended—
(A) by striking
(1) before The Secretary; and
(B) by striking
paragraph (2).
(31) Section 2875 is
amended by striking subsection (e).
(32)
(A) Section 2884 is
amended—
(i) by striking subsection (b);
and
(ii) in subsection (a)—
(I) by striking Project Reports.—(1)
and inserting Reports.—;
(II) by
redesignating subparagraphs (A) and (B) as paragraphs (1) and (2),
respectively; and
(III) by striking (2) For each
and inserting (b) Content
of Reports.—(1) For each.
(B) Such section is further
amended—
(i) by redesignating paragraphs (3) and
(4) of subsection (b) of such section (as designated by subparagraph
(A)(ii)(III)) as paragraphs (2) and (3), respectively; and
(ii) in paragraph (2) of subsection
(b), as so redesignated, by striking contract described in paragraph
(1) and inserting contract described in subsection
(a).
(C)
(i) The heading of such
section is amended to read as follows:
2884.
Project
reports
.
(ii) The item relating to that section
in the table of sections at the beginning of subchapter IV of chapter 169 is
amended to read as follows:
2884. Project
reports.
.
(33) Section
2885(a)(3) is amended by striking If a project and inserting
In the case of a project for new construction, if the
project.
(34) Section 2916 is
amended by striking subsection (c).
(b)
Annual national
defense authorization acts
(1)
Fiscal year
2011
Section 892 of The Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2306a
note) is amended by striking subsection (b).
(2)
Fiscal year
2009
The Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110–417) is amended as follows:
(A) Section 354 (10
U.S.C. 221 note) is repealed.
(B) Section 903(b)(5)
(10 U.S.C. 2228 note) is amended to read as follows:
(5) Not later than December 31 each year,
the corrosion control and prevention executive of a military department shall
submit to the Secretary of Defense a report containing recommendations
pertaining to the corrosion control and prevention program of the military
department. The report each year shall include recommendations for the funding
levels necessary for the executive to carry out the duties of the executive
under this
section.
.
(C) Section 1047(d)
(10 U.S.C. 2366b note) is amended—
(i) by
striking Requirements.— and all that follows
through The Secretary and inserting Requirements.—The Secretary;
(ii) by
striking paragraph (2); and
(iii) by
redesignating subparagraphs (A) and (B) as paragraphs (1) and (2),
respectively.
(3)
Fiscal year
2008
The National Defense Authorization Act for Fiscal Year 2008
(Public Law 110–181) is amended as follows:
(A) Section 911 (10
U.S.C. 2271 note) is amended by striking paragraph (2) of subsection
(f).
(B) Section 1074(b)(6)
(10 U.S.C. 113 note) is amended—
(i) in
subparagraph (A), by striking The Secretary and inserting
Except as provided in subparagraph (D), the Secretary;
and
(ii) by
adding at the end the following new subparagraph:
(D)
Exceptions
Subparagraph
(A) does not apply in the case of—
(i) an
individual described in paragraph (2)(C) who is otherwise sponsored by the
Secretary of Defense, the Deputy Secretary of Defense, the Chairman of the
Joint Chiefs of Staff, or the Vice Chairman of the Joint Chiefs of Staff;
or
(ii) an individual
described in paragraph
(2)(E).
.
(C) Section 2864 (10
U.S.C. 2911 note) is repealed.
(4)
Fiscal year
2007
The John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109–364) is amended as follows:
(A) Section 226 (120
Stat. 2131) is repealed.
(B) Section 323 (10
U.S.C. 229 note) is amended by striking subsection (c).
(5)
Fiscal year
2003
Section 817 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended
by striking subsections (d) and (e)(2).
(6)
Fiscal year
2000
Section 1409 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106–65; 22 U.S.C. 2778 note) is amended by
striking subsection (b).
(7)
Fiscal year
1999
Section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 5 U.S.C. 3104 note)
is amended by striking subsection (g).
(8)
Fiscal year
1991
Section 4004(d) of the National Defense Authorization Act
for Fiscal Year 1991 10 U.S.C. 2391) is amended—
(A) by inserting
and at the end of paragraph (1);
(B) by striking
; and at the end of paragraph (2) and inserting a period;
and
(C) by striking
paragraph (3).
(c)
Defense
acquisition improvement act of 1986
Section 908 of the Defense
Acquisition Improvement Act of 1986 (as contained in section 101(c) of Public
Law 99–500 and identically enacted in section 101(c) of Public Law 99–591 and
title IX of Public Law 99–661) (10 U.S.C. 2326 note) is amended by striking
subsection (b).
(d)
Foreign
assistance act of 1961
The Foreign Assistance Act of 1961 is
amended as follows:
(1) Section 516(f)(1)
(22 U.S.C. 2321j(f)(1)) is amended by striking excess defense articles
that are significant military equipment (as defined in section 47(9) of the
Arms Export Control Act) or.
(2) Section 656 (22
U.S.C. 2416) is repealed.
(e)
Arms export
control act
Section 36(a) of the Arms Export Control Act (22
U.S.C. 2776(a)) is amended—
(1) by striking
end of each quarter in the matter preceding paragraph (1) and
inserting end of each fiscal year;
(2) by striking
during the fiscal year in which in paragraphs (2) and (3) and
inserting during the fiscal year for which;
(3) by striking
in the quarter of the fiscal year immediately following the
quarter in paragraph (5) and inserting in the fiscal year
;
(4) by striking
paragraph (6); and
(5) by striking
quarter each place it appears in paragraphs (8), (9), and (10)
and inserting fiscal year.
(f)
Security
reports
(1) Section 3151 of
the Department of Energy Facilities Safeguards, Security, and
Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI of Public
Law 106–65; 42 U.S.C. 7383e) is repealed.
(2) Section 4507 of
the Atomic Energy Defense Act (50 U.S.C. 2658) is repealed.
(3) Section 4508 of
the Atomic Energy Defense Act (50 U.S.C. 2659) is repealed.
(g)
Intelligence
reform and terrorism prevention act of 2004
Section 3002(c) of
the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
435c(c)) is amended by striking paragraph (4).
(h)
Uniformed and
overseas citizens absentee voting act
Section 105A(b) of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is
amended—
(1) in the subsection
heading, by striking Annual Report and inserting
Biennial
Report;
(2) in the matter
preceding paragraph (1)—
(A) by striking
March 31 of each year and inserting September 30 of each
odd-numbered year; and
(B) by striking
the following information and inserting the following
information with respect to the Federal election held during the preceding
calendar year; and
(3) in paragraph (3),
by striking In the case of and all that follows through a
description and inserting A description.
(i)
Department of
defense appropriations act, 2002
Section 8159(c) of the
Department of Defense Appropriations Act, 2002 (division A of Public Law
107–117; 115 Stat. 2284), is amended by striking paragraph (7).
XI
Civilian
Personnel Matters
1101.
Expansion of
protection of employees of nonappropriated fund instrumentalities from
reprisals
Section 1587(b) of
title 10, United States Code, is amended by inserting , threaten to
take, after take the third place it appears.
XII
Matters Relating
to Foreign Nations
1201.
Five-year
extension of authorization for non-conventional assisted recovery
capabilities
Subsection (h) of
section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4579), as amended by section 1205(g)
of the National Defense Authorization Act for Fiscal Year 2012 (Public Law
112–81; 125 Stat. 1624), is further amended by striking 2013 and
inserting 2018.
1202.
Increase in
annual limitation on transfer of excess defense articles
Section 516(g)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended by striking
$425,000,000 and inserting $500,000,000.
XIII
Other
Authorizations
A
Military
Programs
1301.
Working
capital funds
Funds are
hereby authorized to be appropriated for fiscal year 2014 for the use of the
Armed Forces and other activities and agencies of the Department of Defense for
providing capital for Defense Working Capital Funds in the amount of
$1,545,827,000.
1302.
National
Defense Sealift Fund
Funds
are hereby authorized to be appropriated for fiscal year 2014 for the National
Defense Sealift Fund in the amount of $730,700,000.
1303.
Joint Urgent
Operational Needs Fund
Funds
are hereby authorized to be appropriated for fiscal year 2014 for the Joint
Urgent Operational Needs Fund in the amount of $98,800,000.
1304.
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 2014 for expenses, not otherwise
provided for, for Chemical Agents and Munitions Destruction, Defense, in the
amount of $1,057,123,000, of which—
(1) $451,572,000 is
for Operation and Maintenance;
(2) $604,183,000 is
for Research, Development, Test, and Evaluation; and
(3) $1,368,000 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.
1305.
Drug
interdiction and counter-drug activities, defense-wide
Funds are hereby authorized to be
appropriated for the Department of Defense for fiscal year 2014 for expenses,
not otherwise provided for, for Drug Interdiction and Counter-Drug Activities,
Defense-wide, in the amount of $938,545,000.
1306.
Defense
Inspector General
Funds are
hereby authorized to be appropriated for the Department of Defense for fiscal
year 2014 for expenses, not otherwise provided for, for the Office of the
Inspector General of the Department of Defense, in the amount of $312,131,000,
of which—
(1) $311,131,000 is
for Operation and Maintenance; and
(2) $1,000,000 is for
Procurement.
1307.
Defense health
program
Funds are hereby
authorized to be appropriated for the Department of Defense for fiscal year
2014 for expenses, not otherwise provided for, for the Defense Health Program,
in the amount of $33,351,528,000, of which—
(1) $31,950,734,000 is
for Operation and Maintenance;
(2) $729,613,000 is
for Research, Development, Test, and Evaluation; and
(3) $671,181,000 is
for Procurement.
B
National Defense
Stockpile
1311.
Authority to
acquire additional materials for the national defense stockpile
Section 1411 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1654), is
amended—
(1) by redesignating
subsection (c) as subsection (d); and
(2) by inserting after
subsection (b) the following new subsection (c):
(c)
Acquisition
authority
(1) 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) Ferroniobium.
(B) Dysprosium Metal.
(C) Yttrium Oxide.
(2) The National Defense Stockpile
Manager may use up to $22,000,000 of the National Stockpile Transaction Fund
for acquisition of the materials specified in paragraph (1).
(3) The authority under this subsection
is available for purchases during fiscal year 2014 through fiscal year
2019.
.
C
Other
Matters
1321.
Authority for
transfer of funds to joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois
(a)
Authority for
transfer of funds
Of the funds authorized to be appropriated for
section 507 and available for the Defense Health Program for operation and
maintenance, $143,087,000 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).
1322.
Authorization
of appropriations for Armed Forces Retirement Home
There is hereby authorized to be appropriated for fiscal year 2014 from the
Armed Forces Retirement Home Trust Fund the sum of $67,800,000 for the
operation of the Armed Forces Retirement Home.
B
MILITARY
CONSTRUCTION AUTHORIZATIONS
2001.
Short
title
This division may be
cited as the Military Construction
Authorization Act for Fiscal Year 2014.
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, 2016;
or
(2) the date of the
enactment of an Act authorizing funds for military construction for fiscal year
2017.
(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, 2016;
or
(2) the date of the
enactment of an Act authorizing funds for fiscal year 2017 for military
construction projects, land acquisition, family housing projects and
facilities, or contributions to the North Atlantic Treaty Organization Security
Investment Program.
XXI
ARMY MILITARY
CONSTRUCTION
2101.
Authorized
Army construction and land acquisition projects
(a)
Inside the
United States
Using amounts appropriated pursuant to the
authorization of appropriations in section 2103(1), the Secretary of the Army
may acquire real property and carry out military construction projects for the
installations or locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
StateInstallationAmount
AlaskaFort Wainwright$103,000,000
ColoradoFort Carson$242,200,000
FloridaEglin AFB$4,700,000
GeorgiaFort Gordon$61,000,000
HawaiiFort Shafter$75,000,000
KansasFort Leavenworth$17,000,000
KentuckyFort Campbell$4,800,000
MarylandAberdeen Proving Ground$21,000,000
Fort
Detrick$7,100,000
MissouriFort Leonard Wood$90,700,000
North CarolinaFort Bragg$5,900,000
TexasFort Bliss$46,800,000
VirginiaJoint Base Langley-Eustis$50,000,000
WashingtonJoint Base Lewis-McChord$144,000,000
Yakima$9,100,000.
(b)
Outside the
United States
Using amounts appropriated pursuant to the
authorization of appropriations in section 2103(2), the Secretary of the Army
may acquire real property and carry out military construction projects for the
installations or locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
CountryInstallationAmount
KwajaleinKwajalein Atoll$63,000,000
Worldwide ClassifiedClassified
Location$33,000,000.
2102.
Family
housing
(a)
Construction and
acquisition
Using amounts appropriated pursuant to the
authorization of appropriations in section 2103(5)(A), the Secretary of the
Army may construct or acquire family housing units (including land acquisition
and supporting facilities) at the installations or locations, in the number of
units, and in the amounts set forth in the following table:
Army: Family Housing
CountryInstallationUnitsAmount
GermanySouth Camp Vilseck29$16,600,000
WisconsinFort McCoy56$23,000,000.
(b)
Planning and
design
Using amounts appropriated pursuant to the authorization
of appropriations in section 2103(5)(A), 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 $4,408,000.
2103.
Authorization
of appropriations, Army
Funds
are hereby authorized to be appropriated for fiscal years beginning after
September 30, 2013, for military construction, land acquisition, and military
family housing functions of the Department of the Army in the total amount of
$1,676,754,000 as follows:
(1) For military
construction projects inside the United States authorized by section 2101(a),
$882,300,000.
(2) For military
construction projects outside the United States authorized by section 2101(b),
$96,000,000.
(3) For unspecified
minor military construction projects authorized by section 2805 of title 10,
United States Code, $25,000,000.
(4) For architectural
and engineering services and construction design under section 2807 of title
10, United States Code, $74,575,000.
(5) For military
family housing functions:
(A) For construction
and acquisition, planning and design, and improvement of military family
housing and facilities, $44,008,000.
(B) For support of
military family housing (including the functions described in section 2833 of
title 10, United States Code), $512,871,000.
(6) For the
construction of increment 2 of the Cadet Barracks at the United States Military
Academy, New York, authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126
Stat. 2119), $42,000,000.
2104.
Modification
of authority to carry out certain fiscal year 2004 project
In the case of the authorization contained
in the table in section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697) for
Picatinny Arsenal, New Jersey, for construction of an Explosives Research and
Development Loading Facility at the installation, the Secretary of the Army may
use available unobligated balances of amounts appropriated for military
construction for the Army to complete work on the project within the scope
specified for the project in the justification data provided to Congress as
part of the request for authorization of the project.
2105.
Modification
of authority to carry out certain fiscal year 2011 project
In the case of the authorization contained
in the table in section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4437) for
Fort Lewis, Washington, for construction of a Regional Logistic Support Complex
at the installation, the Secretary of the Army may construct up to 98,381
square yards of Organizational Vehicle Parking.
2106.
Modification
of authority to carry out certain fiscal year 2010 project
In the case of the authorization contained
in the table in section 2101(b) of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2629) for Camp
Arifjan, Kuwait, for construction of APS Warehouses at the camp, the Secretary
of the Army may construct up to 74,976 square meters of hardstand parking,
22,741 square meters of access roads, a 6 megawatt power plant, and 50,724
square meters of humidity-controlled warehouses.
2107.
Extension of
authorizations of certain fiscal year 2010 projects
(a)
Extensions
Notwithstanding
section 2002 of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111–84; 123 Stat. 2627), the authorizations set
forth in the table in subsection (b), as provided in section 2101 of that Act
(123 Stat. 2628), shall remain in effect until October 1, 2014, or the date of
the enactment of an Act authorizing funds for military construction for fiscal
year 2015, whichever is later.
(b)
Table
The
table referred to in subsection (a) is as follows:
Army: Extension of 2010 Project
Authorizations
State/CountryInstallation or LocationProjectAmount
VirginiaFort BelvoirRoad and Access Control
Point$9,500,000
WashingtonFort LewisFort Lewis-McChord AFB
Joint Access$9,000,000
KuwaitCamp ArifjianAPS
Warehouses$82,000,000.
2108.
Extension of
authorizations of certain fiscal year 2011 projects
(a)
Extensions
Notwithstanding
section 2002 of the Military Construction Authorization Act for Fiscal Year
2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorizations set
forth in the table in subsection (b), as provided in section 2101 of that Act
(124 Stat. 4437), shall remain in effect until October 1, 2014, or the date of
the enactment of an Act authorizing funds for military construction for fiscal
year 2015, whichever is later.
(b)
Table
The
table referred to in subsection (a) is as follows:
Army: Extension of 2011 Project
Authorizations
StateInstallation
or LocationProjectAmount
CaliforniaPresidio of MontereyAdvanced
Individual Training Barracks$63,000,000
GeorgiaFort BenningLand
Acquisition$12,200,000
New MexicoWhite Sands Missile RangeBarracks$29,000,000
GermanyWiesbaden ABAccess Control
Point$5,100,000.
XXII
NAVY MILITARY
CONSTRUCTION
2201.
Authorized
Navy construction and land acquisition projects
(a)
Inside the
United States
Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(1), the Secretary of the Navy
may acquire real property and carry out military construction projects for the
installations or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
StateInstallationAmount
CaliforniaCamp Pendleton$13,124,000
Coronado$8,910,000
San Diego$34,331,000
Twentynine
Palms$33,437,000
Barstow$14,998,000
Point Mugu$24,667,000
Port
Hueneme$33,600,000
FloridaJacksonville$20,752,000
Key West$14,001,000
Mayport$16,093,000
GeorgiaAlbany$16,610,000
Savannah$61,717,000
HawaiiKaneohe Bay$236,982,000
Pearl City$30,100,000
Pearl
Harbor$57,998,000
IllinoisGreat Lakes$35,851,000
MaineBangor$13,800,000
Kittery$11,522,000
MarylandFort Meade$83,988,000
NevadaFallon$11,334,000
North CarolinaCamp Lejeune$77,999,000
New River$45,863,000
OklahomaTinker AFB$14,144,000
Rhode IslandNewport$12,422,000
South CarolinaCharleston$73,932,000
VirginiaNorfolk$3,380,000
Quantico$38,374,000
Yorktown$18,700,000
Dam Neck$10,587,000
WashingtonWhidbey Island$117,649,000
Bremerton$18,189,000.
(b)
Outside the
United States
Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(2), the Secretary of the Navy
may acquire real property and carry out military construction projects for the
installation or location outside the United States, and in the amounts, set
forth in the following table:
Navy: Outside the United States
CountryInstallationAmount
DjiboutiCamp Lemonier$29,000,000
GuamJoint Region Marianas$318,377,000
JapanYokosuka$7,568,000
Camp
Butler$5,820,000.
2202.
Family
housing
Using amounts
appropriated pursuant to the authorization of appropriations in section
2204(5)(A), the Secretary of the Navy may carry out architectural and
engineering services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to exceed
$4,438,000.
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(5)(A), the Secretary of the Navy may improve
existing military family housing units in an amount not to exceed
$68,969,000.
2204.
Authorization
of appropriations, Navy
Funds
are hereby authorized to be appropriated for fiscal years beginning after
September 30, 2013, for military construction, land acquisition, and military
family housing functions of the Department of the Navy in the total amount of
$2,163,520,000, as follows:
(1) For military
construction projects inside the United States authorized by section 2201(a),
$1,205,054,000.
(2) For military
construction projects outside the United States authorized by section 2201(b),
$360,765,000.
(3) For unspecified
minor military construction projects authorized by section 2805 of title 10,
United States Code, $19,740,000.
(4) For architectural
and engineering services and construction design under section 2807 of title
10, United States Code, $89,830,000.
(5) For military
family housing functions:
(A) For construction
and acquisition, planning and design, and improvement of military family
housing and facilities, $73,407,000.
(B) For support of
military family housing (including functions described in section 2833 of title
10, United States Code), $389,844,000.
(6) For the
construction of increment 3 of the Explosives Handling Wharf No. 2 at Kitsap,
Washington, authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125
Stat. 1666), as amended by section 2205 of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126
Stat. 2124) $24,880,000.
2205.
Modification
of authority to carry out certain fiscal year 2011 project
In the case of the authorization contained
in the table in section 2201(b) of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4441), for
Southwest Asia Bahrain, for construction of Navy Central Command Ammunition
Magazines at that location, the Secretary of the Navy may construct additional
Type C earth covered magazines (to provide a project total of eighteen), ten
new modular storage magazines, an inert storage facility, a maintenance and
ground support equipment facility, concrete pads for portable ready service
lockers, and associated supporting facilities using appropriations available
for the project.
2206.
Modification
of authority to carry out certain fiscal year 2012 project
In the case of the authorization contained
in the table in section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for
Kitsap Washington, for construction of Explosives Handling Wharf No. 2 at that
location, the Secretary of the Navy may construct new hardened facilities in
lieu of hardening existing structures and may construct a new facility to
replace the existing Coast Guard Maritime Force Protection Unit and the Naval
Undersea Warfare Command unhardened facilities using appropriations available
for the project.
2207.
Extension of
authorizations of certain fiscal year 2011 projects
(a)
Extension
Notwithstanding
section 2002 of the Military Construction Authorization Act for Fiscal Year
2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set
forth in the table in subsection (b), as provided in section 2201 of that Act
(124 Stat. 4441), shall remain in effect until October 1, 2014, or the date of
the enactment of an Act authorizing funds for military construction for fiscal
year 2015, whichever is later.
(b)
Table
The
table referred to in subsection (a) is as follows:
Navy: Extension of 2011 Project
Authorizations
State/CountryInstallation or LocationProjectAmount
Bahrain IslandSW AsiaNavy
Central Command Ammunition Magazines$89,280,000.
2208.
Extension of
authorizations of certain fiscal year 2011 project
(a)
Extension
Notwithstanding
section 2002 of the Military Construction Authorization Act for Fiscal Year
2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set
forth in the table in subsection (b), as provided in section 2201 of that Act
(124 Stat. 4441), shall remain in effect until October 1, 2015, or the date of
the enactment of an Act authorizing funds for military construction for fiscal
year 2016, whichever is later.
(b)
Table
The
table referred to in subsection (a) is as follows:
Navy: Extension of 2011 Project
Authorizations
State/CountryInstallation or LocationProjectAmount
GuamGuamDefense Access Roads
Improvements$66,730,000.
XXIII
AIR FORCE
MILITARY CONSTRUCTION
2301.
Authorized Air
Force construction and land acquisition projects
(a)
Inside the
United States
Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(1), the Secretary of the Air
Force may acquire real property and carry out military construction projects
for the installations or locations inside the United States, and in the
amounts, set forth in the following table:
Air Force: Inside the United States
StateInstallationAmount
ArizonaLuke AFB$26,900,000
CaliforniaBeale AFB$62,000,000
FloridaTyndall AFB$9,100,000
HawaiiJoint Base Pearl
Harbor-Hickam$4,800,000
KentuckyFort Campbell$8,000,000
MarylandFort Meade$358,000,000
Joint Base
Andrews$30,000,000
MissouriWhiteman AFB$5,900,000
NevadaNellis AFB$78,500,000
New MexicoCannon AFB$34,100,000
Holloman
AFB$2,250,000
Kirtland
AFB$30,500,000
North DakotaMinot AFB$23,830,000
OklahomaTinker AFB$8,600,000
TexasFort Bliss$3,350,000
UtahHill AFB$32,000,000
VirginiaJoint Base Langley-Eustis$4,800,000
UnspecifiedUnspecified Locations$255,700,000.
(b)
Outside the
United States
Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(2), the Secretary of the Air
Force may acquire real property and carry out military construction projects
for the installations or locations outside the United States, and in the
amounts, set forth in the following table:
Air Force: Outside the United States
CountryInstallationAmount
GreenlandThule AB$43,904,000
GuamJoint Region Marianas$176,230,000
Mariana IslandsSaipan$29,300,000
United KingdomRAF Lakenheath$22,047,000
RAF
Croughton$12,000,000.
2302.
Family
housing
Using amounts
appropriated pursuant to the authorization of appropriations in section
2304(5)(A), 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
$4,267,000.
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(5)(A), the Secretary of the Air Force may
improve existing military family housing units in an amount not to exceed
$72,093,000.
2304.
Authorization
of appropriations, Air Force
Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2013, for military
construction, land acquisition, and military family housing functions of the
Department of the Air Force in the total amount of $1,621,531,000, as
follows:
(1) For military
construction projects inside the United States authorized by section 2301(a),
$705,330,000.
(2) For military
construction projects outside the United States authorized by section 2301(b),
$283,481,000.
(3) For unspecified
minor military construction projects authorized by section 2805 of title 10,
United States Code, $20,448,000.
(4) For architectural
and engineering services and construction design under section 2807 of title
10, United States Code, $11,314,000.
(5) For military
family housing functions:
(A) For construction
and acquisition, planning and design, and improvement of military family
housing and facilities, $76,360,000.
(B) For support of
military family housing (including functions described in section 2833 of title
10, United States Code), $388,598,000.
(6) For the
construction of increment 3 of the United States Strategic Command Replacement
Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of
the Military Construction Authorization Act for Fiscal Year 2012 (division B of
the Public Law 112–81; 125 Stat. 1670), $136,000,000.
2305.
Extension of
authorizations of certain fiscal year 2011 project
(a)
Extension
Notwithstanding
section 2002 of the Military Construction Authorization Act for Fiscal Year
2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set
forth in the table in subsection (b), as provided in section 2301 of that Act
(124 Stat. 4444), shall remain in effect until October 1, 2014, or the date of
the enactment of an Act authorizing funds for military construction for fiscal
year 2015, whichever is later.
(b)
Table
The
table referred to in subsection (a) is as follows:
Air Force: Extension of 2011 Project
Authorizations
StateInstallation
or LocationProjectAmount
Bahrain, SW AsiaShaikh Isa
ABNorth Apron Expansion$45,000,000.
XXIV
DEFENSE
AGENCIES MILITARY CONSTRUCTION
A
Defense Agency
Authorizations
2401.
Authorized
defense agencies construction and land acquisition projects
(a)
Inside the
United States
Using amounts appropriated pursuant to the
authorization of appropriations in section 2403(1), the Secretary of Defense
may acquire real property and carry out military construction projects for the
installations or locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United
States
StateInstallationAmount
AlaskaClear AFS$17,204,000
Fort
Greely$82,000,000
CaliforniaMiramar$6,000,000
Defense Distribution
Depot-Tracy$37,554,000
Brawley$23,095,000
ColoradoFort Carson$22,282,000
FloridaHurlburt Field$7,900,000
Jacksonville$7,500,000
Tyndall
AFB$9,500,000
Key West$3,600,000
Panama
City$2,600,000
GeorgiaFort Benning$43,335,000
Fort
Stewart$44,504,000
Moody AFB$3,800,000
Hunter Army
Airfield$13,500,000
HawaiiJoint Base Pearl
Harbor-Hickam$2,800,000
Ford
Island$2,615,000
KentuckyFort Campbell$124,211,000
Fort Knox$303,023,000
MarylandAberdeen Proving Ground$210,000,000
Bethesda Naval
Hospital$66,800,000
MassachusettsHanscom AFB$36,213,000
New JerseyJoint Base
McGuire-Dix-Lakehurst$10,000,000
New MexicoHolloman AFB$81,400,000
North CarolinaCamp Lejeune$43,377,000
Fort Bragg$172,065,000
North DakotaMinot AFB$6,400,000
OklahomaTinker AFB$36,000,000
Altus AFB$2,100,000
PennsylvaniaDefense Distribution Depot New
Cumberland$9,000,000
South CarolinaBeaufort$41,324,000
TennesseeArnold Air Force Base$2,200,000
TexasJoint Base San Antonio$12,600,000
VirginiaJoint Expeditionary Base Little
Creek-Story$30,404,000
Quantico$40,586,000
Dam Neck$11,147,000
DLA Aviation
Richmond$87,000,000
Pentagon$59,450,000
WashingtonWhidbey Island$10,000,000.
(b)
Outside the
United States
Using amounts appropriated pursuant to the
authorization of appropriations in section 2403(2), the Secretary of Defense
may acquire real property and carry out military construction projects for the
installations or locations outside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Outside the United
States
CountryInstallationAmount
Bahrain IslandSW Asia$45,400,000
BelgiumBrussels$67,613,000
GermanyWiesbaden$109,655,000
Kaiserlautern
AB$49,907,000
Ramstein
AB$98,762,000
JapanIwakuni$34,000,000
Kadena AB$38,792,000
Yokosuka$10,600,000
Atsugi$4,100,000
Torri Commo
Station$71,451,000
KoreaCamp Walker$52,164,000
United KingdomRAF Mildenhall$84,629,000
Royal Air Force
Lakenheath$69,638,000
Worldwide ClassifiedClassified
Location$15,000,000.
2402.
Authorized
energy conservation projects
Using amounts appropriated pursuant to the
authorization of appropriations in section 2403(6), the Secretary of Defense
may carry out energy conservation projects under chapter 173 of title 10,
United States Code, in the amount of $150,000,000.
2403.
Authorization
of appropriations, Defense Agencies
Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2013, for military
construction, land acquisition, and military family housing functions of the
Department of Defense (other than the military departments) in the total amount
of $4,042,925,000, as follows:
(1) For military
construction projects inside the United States authorized by section 2401(a),
$1,725,089,000.
(2) For military
construction projects outside the United States authorized by section 2401(b),
$751,711,000.
(3) For unspecified
minor military construction projects under section 2805 of title 10, United
States Code, $43,817,000.
(4) For contingency
construction projects of the Secretary of Defense under section 2804 of title
10, United States Code, $10,000,000.
(5) For architectural
and engineering services and construction design under section 2807 of title
10, United States Code, $237,838,000.
(6) For energy
conservation projects under chapter 173 of title 10, United States Code,
$150,000,000.
(7) For military
family housing functions:
(A) For support of
military family housing (including functions described in section 2833 of title
10, United States Code), $55,845,000.
(B) For credits to the
Department of Defense Family Housing Improvement Fund under section 2883 of
title 10, United States Code, and the Homeowners Assistance Fund established
under section 1013 of the Demonstration Cities and Metropolitan Development Act
of 1966 (42 U.S.C. 3374), $1,780,000.
(8) For the
construction of increment 8 of the Army Medical Research Institute of
Infectious Diseases Stage I at Fort Detrick, Maryland, authorized by section
2401(a) of the Military Construction Authorization Act of Fiscal Year 2007
(division B of Public Law 109–364; 120 Stat. 2457), $13,000,000.
(9) For the
construction of increment 5 of the hospital at Fort Bliss, Texas, authorized by
section 2401(a) of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111–84; 123 Stat. 2642), $252,100,000.
(10) For the
construction of increment 3 of the High Performance Computing Center at Fort
Meade, Maryland, authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125
Stat. 1672), as amended by section 2404(a) of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126
Stat. 2131), $431,000,000.
(11) For the
construction of increment 3 of the Medical Center Replacement at Rhine Ordnance
Barracks, Germany, authorized by section 2401(b) of the Military Construction
Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125
Stat. 1673), as amended by section 2404(b) of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126
Stat. 2131), $151,545,000.
(12) For the
construction of increment 2 of the Ambulatory Care Center at Joint Base
Andrews, Maryland, authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125
Stat. 1673), $76,200,000.
(13) For the
construction of increment 2 of the NSAW Recapitalize Building #1 at Fort Meade,
Maryland, authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126
Stat. 2127), $58,000,000.
(14) For the
construction of increment 2 of the Aegis Ashore Missile Defense System Complex
at Deveselu, Romania, authorized by section 2401(b) of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of Public Law
112–239; 126 Stat. 2128), $85,000,000.
B
Chemical
Demilitarization Authorizations
2411.
Authorization
of appropriations, chemical demilitarization construction,
defense-wide
Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30,
2013, for the construction of phase XIV of a munitions demilitarization
facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of
the Military Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106–65; 113 Stat. 835), as amended by section 2405 of the Military
Construction Authorization Act for Fiscal Year 2002 (division B of Public Law
107–107; 115 Stat. 1298), section 2405 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116
Stat. 2698), section 2414 of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4697), and
section 2412 of the Military Construction Authorization Act for Fiscal Year
2011 (division B of Public Law 111–383; 124 Stat. 4450), $122,536,000.
XXV
NORTH ATLANTIC
TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
2501.
Authorized
NATO construction and land acquisition projects
The Secretary of Defense may make
contributions for the North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 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.
2502.
Authorization
of appropriations, NATO
Funds
are hereby authorized to be appropriated for fiscal years beginning after
September 30, 2012, for contributions by the Secretary of Defense under section
2806 of title 10, United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization Security Investment
Program authorized by section 2501, in the amount of $239,700,000.
XXVI
GUARD AND
RESERVE FORCES FACILITIES
A
Project
Authorizations and Authorization of Appropriations
2601.
Authorized
Army National Guard construction and land acquisition projects
(a)
Inside the
United States
Using amounts appropriated pursuant to the
authorization of appropriations in section 2606(1), the Secretary of the Army
may acquire real property and carry out military construction projects for the
Army National Guard locations inside the United States, and in the amounts, set
forth in the following table:
Army National Guard: Inside the United
States
StateInstallationAmount
AlabamaDecatur$4,000,000
ArkansasFort Chaffee$21,000,000
FloridaPinellas Park$5,700,000
IllinoisKankakee$42,000,000
MassachusettsCamp Edwards$19,000,000
MichiganCamp Grayling$17,000,000
MinnesotaStillwater$17,000,000
MississippiCamp Shelby$3,000,000
Pascagoula$4,500,000
MissouriWhiteman AFB$5,000,000
Macon$9,100,000
New YorkNew York$31,000,000
OhioRavenna Army Ammunition
Plant$5,200,000
PennsylvaniaFort Indiantown Gap$40,000,000
South CarolinaGreenville$26,000,000
TexasFort Worth$14,270,000
WyomingAfton$10,200,000.
(b)
Outside the
United States
Using amounts appropriated pursuant to the
authorization of appropriations in section 2606(1), the Secretary of the Army
may acquire real property and carry out military construction projects for the
Army National Guard locations outside the United States, and in the amounts,
set forth in the following table:
Army National Guard: Outside the United
States
CountryInstallationAmount
Puerto RicoCamp Santiago$5,600,000.
2602.
Authorized
Army Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the
authorization of appropriations in section 2606(2), the Secretary of the Army
may acquire real property and carry out military construction projects for the
Army Reserve locations inside the United States, and in the amounts, set forth
in the following table:
Army Reserve
StateInstallationAmount
CaliforniaFort Hunter Liggett$16,500,000
Camp Parks$17,500,000
MarylandBowie$25,500,000
New JerseyJoint Base
McGuire-Dix-Lakehurst$36,200,000
New YorkBullville$14,500,000
North CarolinaFort Bragg$24,500,000
WisconsinFort McCoy$23,400,000.
2603.
Authorized
Navy Reserve and Marine Corps Reserve construction and land acquisition
projects
Using amounts
appropriated pursuant to the authorization of appropriations in section
2606(3), the Secretary of the Navy may acquire real property and carry out
military construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in the
following table:
Navy Reserve and Marine Corps Reserve
StateInstallationAmount
CaliforniaMarch AFB$11,086,000
MissouriKansas City$15,020,000
TennesseeMemphis$4,330,000.
2604.
Authorized Air
National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the
authorization of appropriations in section 2606(4), the Secretary of the Air
Force may acquire real property and carry out military construction projects
for the Air National Guard locations inside the United States, and in the
amounts, set forth in the following table:
Air National Guard
StateInstallationAmount
AlabamaBirmingham IAP$8,500,000
IndianaHulman Regional Airport$7,300,000
MarylandFort Meade$4,000,000
Martin State
Airport$12,900,000
MontanaGreat Falls IAP$22,000,000
New YorkFort Drum$4,700,000
OhioSpringfield Beckley-Map$7,200,000
PennsylvaniaFort Indiantown Gap$7,700,000
Rhode IslandQuonset State Airport$6,000,000
TennesseeMcGhee-Tyson Airport$18,000,000.
2605.
Authorized Air
Force Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the
authorization of appropriations in section 2606(5), the Secretary of the Air
Force may acquire real property and carry out military construction projects
for the Air Force Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Air Force Reserve
StateInstallationAmount
CaliforniaMarch AFB$19,900,000
FloridaHomestead AFS$9,800,000
OklahomaTinker AFB$12,200,000.
2606.
Authorization
of appropriations, National Guard and Reserve
Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2013, for the costs
of acquisition, architectural and engineering services, and construction of
facilities for the Guard and Reserve Forces, and for contributions therefor,
under chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
(1) For the Department
of the Army, for the Army National Guard of the United States,
$320,815,000.
(2) For the Department
of the Army, for the Army Reserve, $174,060,000.
(3) For the Department
of the Navy, for the Navy and Marine Corps Reserve, $32,976,000.
(4) For the Department
of the Air Force, for the Air National Guard of the United States,
$119,800,000.
(5) For the Department
of the Air Force, for the Air Force Reserve, $45,659,000.
B
Other
Matters
2611.
Modification
of authority to carry out certain fiscal year 2013 project
In the case of the authorization contained
in the table in section 2603 of the Military Construction Authorization Act for
Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2135), for Fort
Des Moines, Iowa, for construction of a Joint Reserve Center at that location,
the Secretary of the Navy may, instead of constructing a new facility at Camp
Dodge, acquire up to approximately 20 acres to construct a Joint Reserve Center
and associated supporting facilities in the greater Des Moines, Iowa area using
appropriations available for the project.
2612.
Extension of
authorization of certain fiscal year 2011 project
(a)
Extension
Notwithstanding
section 2002 of the Military Construction Authorization Act for Fiscal Year
2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set
forth in the table in section 2604 of the Military Construction Authorization
Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4454) for
Nashville International Airport, Tennessee, shall remain in effect until
October 1, 2014, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2015, whichever is later.
(b)
Table
The
table referred to in subsection (a) is as follows:
StateInstallation
or LocationProjectAmount
TennesseeNashville International
AirportIntelligence Group and Remotely Piloted Aircraft Remote Split
Operations Group$5,500,000.
2613.
Extension of
authorization of certain fiscal year 2011 project
(a)
Extension
Notwithstanding
section 2002 of the Military Construction Authorization Act for Fiscal Year
2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set
forth in the table in subsection (b), as provided in section 2601 of that Act
(124 Stat. 4452), for Camp Santiago, Puerto Rico, shall remain in effect until
October 1, 2014, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2015, whichever is later.
(b)
Table
The
table referred to in subsection (a) is as follows:
StateInstallation
or LocationProjectAmount
Puerto RicoCamp SantiagoMulti Purpose Machine
Gun Range$9,200,000.
XXVII
BASE
REALIGNMENT AND CLOSURE ACTIVITIES
2701.
Authorization
of appropriations for base realignment and closure activities funded through
Department of Defense Base Closure Account
Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30, 2013, for base
realignment and closure activities, including real property acquisition and
military construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note) and funded through the Department of Defense Base Closure Account
1990 established by section 2906 of such Act, in the total amount of
$451,357,000, as follows:
(1) For the Department
of the Army, $180,401,000.
(2) For the Department
of the Navy, $144,580,000.
(3) For the Department
of the Air Force, $126,376,000.
XXVIII
Military
Construction General Provisions
A
Military
Construction Program Changes
2801.
Revisions to
minor military construction authorities
(a)
Establishment of
minor military construction exception threshold
Subsection (a) of
section 2805 of title 10, United States Code, is amended by adding at the end
the following new paragraph:
(3) For purposes of this section, the
minor military construction exception threshold is
$4,000,000.
.
(b)
Increase in
dollar thresholds for certain authorities relating to unspecified minor
military construction
(1)
Maximum amount
for projects to correct deficiencies that are life-, health-, or
safety-threatening
Subsection (a)(2) of such section is amended
by striking $3,000,000 in the second sentence and inserting
the minor military construction exception threshold.
(2)
Maximum amount
for general rule for projects for which o&m funds may be
used
Subsection (c) of such section is amended by striking
$750,000 and inserting $1,000,000.
(c)
Minimum amount
for projects subject to secretarial approval and congressional
notice-and-Wait
Subsection (b)(1) of such section is amended by
striking $750,000 and inserting the amount specified in
subsection (c).
(d)
Modification and
extension of authority for laboratory revitalization projects
(1)
Modification
Subsection
(d) of such section is amended—
(A) in paragraph
(1)(A), by striking not more than $2,000,000 and inserting
not more than $4,000,000, notwithstanding subsection (c);
and
(B) in paragraph (2),
by striking (2) and inserting (2) For purposes of this
subsection, an unspecified minor military construction project is a military
construction project that (notwithstanding subsection (a)) has an approved cost
equal to or less than $4,000,000..
(2)
Effective
date
The amendments made by paragraph (1) do not apply to any
laboratory revitalization project for which the design phase has been completed
as of the date of the enactment of this Act.
2802.
Change in
authorities relating to unspecified minor construction
Section 2805 of title 10, United States
Code, is amended by adding at the end the following new subsection:
(f)
Adjustments for
location
The dollar limitations specified in subsections (a)
through (d) shall be adjusted to reflect the appropriate area construction cost
index for military construction projects published by the Department of
Defense. The appropriate cost index shall be the factor published during the
prior fiscal year that applies to the location of the
project.
.
B
Real Property and
Facilities Administration
2811.
Authority for
acceptance of funds to cover administrative expenses associated with real
property leases and easements
(a)
Authority
Subsection
(e)(1)(C) of section 2667 of title 10, United States Code, is amended by adding
at the end the following new clause:
(vi) Amounts as the Secretary considers
necessary to cover program expenses incurred by the Secretary under this
section and for easements under section 2668 of this
title.
.
(b)
Program expenses
defined
Subsection (i) of such section is amended—
(1) by redesignating
paragraph (4) as paragraph (5); and
(2) by inserting after
paragraph (3) the following new paragraph (4):
(4) The term
program expenses includes expenses related to developing,
assessing, negotiating, executing, and managing lease and easement
transactions, but does not include Government personnel
costs.
.
2812.
Application of
cash payments received for utilities and services
Section 2872a(c)(2) of title 10, United
States Code, is amended by striking from which the cost of furnishing
the utilities or services concerned was paid and inserting
currently available for the purpose of furnishing utilities or services
under subsection (a).
2813.
Acquisition of
real property at Naval Base Ventura County, California
(a)
Authority
The
Secretary of the Navy may acquire all right, title, and interest to property
and improvements at Naval Base Ventura County, California, constructed pursuant
to section 801 of Public Law 98–115.
(b)
Use
Upon
acquiring the real property under subsection (a), the Secretary may use the
improvements as provided in sections 2835 and 2835a of title 10, United States
Code.
C
Land
Withdrawals
2821.
Military land
withdrawals and codification of statutory provisions relating to China Lake,
Limestone Hills, Chocolate Mountain, and Twentynine Palms
(a)
Military land
withdrawals and creation of new chapter
Subtitle A of title 10,
United States Code, is amended by inserting after chapter 173 the following new
chapter:
174
Land
Withdrawals
SubchapterSec.
I.General Provisions2931
II.China Lake, California2955
III.Limestone Hills, Montana2957
IV.Chocolate Mountain,
California2959
V.Twentynine Palms,
California2961
I
General
Provisions
Sec.
2931. General applicability;
definition.
2932. Maps and legal descriptions.
2933. Access restrictions.
2934. Changes in use.
2935. Authorizations for nondefense-related uses.
2936. Brush and range fire prevention and
suppression.
2937. On-going decontamination.
2938. Water rights.
2939. Hunting, fishing, and trapping.
2940. Limitation on extensions and renewals.
2941. Application for renewal of a withdrawal and
reservation.
2942. Limitation on subsequent availability of lands for
appropriation.
2943. Relinquishment.
2944. Interchanges and transfers of Federal lands.
2945. Delegability by the Secretary of the
Interior.
2946. Land withdrawals; immunity of the United
States.
2931.
General
applicability; definition
(a)
Applicability of
subchapter
The provisions of this subchapter apply to any
withdrawal made by this chapter.
(b)
Rules of
construction
(1) Except as may be
provided pursuant to section 2944 of this title, nothing in this chapter shall
be construed as assigning management of real property under the administrative
jurisdiction of the Secretary concerned to the Secretary of the
Interior.
(2) The terms manage and
management, when used in reference to lands withdrawn and
reserved by this chapter, include the authority to exercise jurisdiction,
custody, and control over those lands in accordance with this title, except
that those terms do not include authority for land disposal.
(c)
Definition
In
this chapter, the term Indian tribe has the meaning given such
term in section 102 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a).
2932.
Maps and legal
descriptions
(a)
Preparation of
maps and legal descriptions
As soon as practicable after the date
of the enactment of a subchapter of this chapter, the Secretary of the Interior
shall—
(1) publish in the
Federal Register a notice containing the legal description of the lands
withdrawn and reserved by such subchapter; and
(2) file a map or maps
and legal description of the lands withdrawn and reserved by such subchapter
with the Committee on Armed Services and the Committee on Energy and Natural
Resources of the Senate and the Committee on Armed Services and the Committee
on Natural Resources of the House of Representatives.
(b)
Legal
effect
Such maps and legal descriptions shall have the same force
and effect as if they were included in this chapter, except that the Secretary
of the Interior may correct clerical and typographical errors in such maps and
legal descriptions.
(c)
Availability
Copies
of such maps and legal descriptions shall be available for public
inspection—
(1) in the appropriate
offices of the Bureau of Land Management;
(2) in the office of
the commanding officer of the military installation at which the lands are
withdrawn; and
(3) if the military
installation is under the management of the National Guard, in the office of
the Adjutant General of the State in which the installation is located.
(d)
Costs
The
Secretary concerned shall reimburse the Secretary of the Interior for the costs
incurred by the Secretary of the Interior in implementing this section.
2933.
Access
restrictions
(a)
In
general
If the Secretary concerned determines that military
operations, public safety, or national security require the closure to the
public of any road, trail, or other portion of the lands withdrawn and reserved
by a subchapter of this chapter, the Secretary may take such action as the
Secretary determines necessary or desirable to effect and maintain such
closure.
(b)
Limitation
Any
closure under subsection (a) shall be limited to the minimum areas and periods
that the Secretary concerned determines are required for the purposes specified
in such subsection.
(c)
Consultation
(1) Before a closure under
this section is implemented, the Secretary concerned shall consult with the
Secretary of the Interior.
(2) In a case in which such a closure may
affect access to or use of sacred sites or resources considered important by an
Indian tribe, the Secretary concerned shall consult, at the earliest
practicable time, with that tribe.
(3) No consultation is required under
paragraph (1) or (2)—
(A) if the closure is already provided for
in an integrated natural resources management plan, an installation cultural
resources management plan, or a land use management plan; or
(B) in the case of an emergency, as
determined by the Secretary concerned.
(d)
Notice
Immediately
preceding and during any closure under subsection (a), the Secretary concerned
shall post appropriate warning notices and take other steps, as necessary, to
notify the public of the closure.
2934.
Changes in
use
(a)
Other uses
authorized
The Secretary concerned may authorize the use of lands
withdrawn and reserved by a subchapter of this chapter for defense-related
purposes in addition to the purposes specified in such subchapter.
(b)
Notice to
secretary of the interior
The Secretary concerned shall promptly
notify the Secretary of the Interior in the event that the lands withdrawn and
reserved by a subchapter of this chapter will be used for additional
defense-related purposes. Such notification shall indicate—
(1) the additional use
or uses involved;
(2) the planned
duration of such additional uses; and
(3) the extent to
which such additional uses will require that additional or more stringent
conditions or restrictions be imposed on otherwise-permitted
non-defense-related uses of the withdrawn and reserved lands or portions
thereof.
2935.
Authorizations
for nondefense-related uses
(a)
Authorizations
by the secretary of the interior
Subject to the applicable
withdrawals contained in each subchapter of this chapter, with the consent of
the Secretary concerned, the Secretary of the Interior may authorize the use,
occupancy, or development of the lands withdrawn and reserved by this
chapter.
(b)
Authorizations
by the secretary concerned
The Secretary concerned may authorize
the use, occupancy, or development of the lands withdrawn and reserved by this
chapter—
(1) for a
defense-related purpose; or
(2) subject to the
consent of the Secretary of the Interior, for a non-defense-related
purpose.
(c)
Form of
authorization
An authorization under this section may be provided
by lease, easement, right-of-way, permit, license, or other instrument
authorized by law.
(d)
Prevention of
drainage of oil or gas resources
For the purpose of preventing
drainage of oil or gas resources, the Secretary of the Interior may lease lands
otherwise withdrawn from operation of the mineral leasing laws and reserved for
defense-related purposes under this chapter, under such terms and conditions as
the Secretary considers appropriate. No surface occupancy may be approved by
the Secretary of the Interior without the consent of the Secretary concerned.
The Secretary of the Interior may unitize or consent to communitization of such
lands. The Secretary of the Interior may promulgate regulations to implement
this subsection.
2936.
Brush and
range fire prevention and suppression
(a)
Required
activities
The Secretary concerned shall, consistent with any
applicable land management plan, take necessary precautions to prevent, and
actions to suppress, brush and range fires occurring as a result of military
activities on the lands withdrawn and reserved by this chapter, including fires
outside those lands that spread from the withdrawn and reserved lands and which
occurred as a result of such activities.
(b)
Cooperation of
secretary of the interior
At the request of the Secretary
concerned, the Secretary of the Interior shall provide assistance in the
suppression of such fires and shall be reimbursed for such assistance by the
Secretary concerned. Notwithstanding section 2215 of this title, the Secretary
concerned may transfer to the Secretary of the Interior, in advance, funds to
reimburse the costs of the Department of the Interior in providing such
assistance.
2937.
On-going
decontamination
Throughout the
duration of a withdrawal and reservation of lands under this chapter, the
Secretary concerned shall maintain, to the extent funds are available for such
purpose, a program of decontamination of contamination caused by
defense-related uses on such lands consistent with applicable Federal and State
law. The Secretary of Defense shall include a description of such
decontamination activities in the annual report required by section 2711 of
this title.
2938.
Water
rights
(a)
No reservation
created
Nothing in this chapter shall be construed—
(1) to establish a
reservation in favor of the United States with respect to any water or water
right on the lands withdrawn and reserved by this chapter; or
(2) to authorize the
appropriation of water on such lands except in accordance with applicable State
law.
(b)
Effect on
previously acquired or reserved water rights
This section shall
not be construed to affect any water rights acquired or reserved by the United
States before the date of the enactment of the applicable subchapter of this
chapter, and the Secretary concerned may exercise any such previously acquired
or reserved water rights.
2939.
Hunting,
fishing, and trapping
Section
2671 of this title shall apply to all hunting, fishing, and trapping on the
lands withdrawn and reserved by this chapter and for which management has been
assigned to the Secretary concerned.
2940.
Limitation on
extensions and renewals
The
withdrawals and reservations established by this chapter may not be extended or
renewed except by a law enacted by Congress.
2941.
Application
for renewal of a withdrawal and reservation
(a)
Notice
To
the extent practicable, no later than five years before the termination of a
withdrawal and reservation established by a subchapter of this chapter, the
Secretary concerned shall notify the Secretary of the Interior as to whether or
not the Secretary concerned will have a continuing defense-related need for any
of the lands withdrawn and reserved by such subchapter after the termination
date of such withdrawal and reservation. The Secretary concerned shall provide
a copy of the notice to the Committee on Armed Services and the Committee on
Energy and Natural Resources of the Senate and the Committee on Armed Services
and the Committee on Natural Resources of the House of Representatives.
(b)
Filing for
extension
If the Secretary concerned concludes that there will be
a continuing defense-related need for any of such lands after the termination
date, the Secretary shall file an application for extension of the withdrawal
and reservation of such needed lands in accordance with the regulations and
procedures of the Department of the Interior applicable to the extension of
withdrawals.
2942.
Limitation on
subsequent availability of lands for appropriation
At
the time of termination of a withdrawal and reservation made by a subchapter of
this chapter, the previously withdrawn lands shall not be open to any form of
appropriation under the public land laws, including the mining laws and the
mineral leasing and geothermal leasing laws, until the Secretary of the
Interior publishes in the Federal Register an appropriate order specifying the
date upon which such lands shall be restored to the public domain and opened
for such purposes.
2943.
Relinquishment
(a)
Notice of
intention To relinquish
If, during the period of withdrawal and
reservation, the Secretary concerned decides to relinquish any or all of the
lands withdrawn and reserved by a subchapter of this chapter, the Secretary
concerned shall file a notice of intention to relinquish with the Secretary of
the Interior.
(b)
Determination of
contamination
As a part of the notice under subsection (a), the
Secretary concerned shall include a written determination concerning whether
and to what extent the lands that are to be relinquished are contaminated with
explosive materials or toxic or hazardous substances.
(c)
Public
notice
The Secretary of the Interior shall publish in the Federal
Register the notice of intention to relinquish, including the determination
concerning the contaminated state of the lands.
(d)
Decontamination
of lands To be relinquished
(1)
Decontamination
required
If land subject of a notice of intention to relinquish
pursuant to subsection (a) is contaminated, and the Secretary of the Interior,
in consultation with the Secretary concerned, determines that decontamination
is practicable and economically feasible (taking into consideration the
potential future use and value of the land) and that, upon decontamination, the
land could be opened to operation of some or all of the public land laws,
including the mining laws and the mineral leasing and geothermal leasing laws,
the Secretary concerned shall decontaminate the land to the extent that funds
are appropriated for such purpose.
(2)
Alternatives
If
the Secretary of the Interior, after consultation with the Secretary concerned,
concludes that decontamination of land subject of a notice of intention to
relinquish pursuant to subsection (a) is not practicable or economically
feasible, or that the land cannot be decontaminated sufficiently to be opened
to operation of some or all of the public land laws, or if Congress does not
appropriate sufficient funds for the decontamination of such land, the
Secretary of the Interior shall not be required to accept the land proposed for
relinquishment.
(3)
Status of
contaminated lands upon termination
If, because of their
contaminated state, the Secretary of the Interior declines to accept the lands
withdrawn and reserved by a subchapter of this chapter which have been proposed
for relinquishment, or if at the expiration of the withdrawal and reservation
made by such subchapter the Secretary of the Interior determines that some of
the lands withdrawn and reserved by such subchapter are contaminated to an
extent which prevents opening such contaminated lands to operation of the
public land laws—
(A) the Secretary
concerned shall take appropriate steps to warn the public of the contaminated
state of such lands and any risks associated with entry onto such lands;
(B) after the
expiration of the withdrawal and reservation, the Secretary concerned shall
undertake no activities on such lands except in connection with decontamination
of such lands; and
(C) the Secretary
concerned shall report to the Secretary of the Interior and to the Congress
concerning the status of such lands and all actions taken in furtherance of
this paragraph.
(e)
Revocation
authority
Upon deciding that it is in the public interest to
accept the lands proposed for relinquishment pursuant to subsection (a), the
Secretary of the Interior may order the revocation of a withdrawal and
reservation established by a subchapter of this chapter as it applies to such
lands. The Secretary of the Interior shall publish in the Federal Register the
revocation order, which shall—
(1) terminate the
withdrawal and reservation;
(2) constitute
official acceptance of the lands by the Secretary of the Interior; and
(3) state the date
upon which the lands will be opened to the operation of some or all of the
public land laws, including the mining laws.
(f)
Acceptance by
secretary of the interior
Nothing in this section shall be
construed to require the Secretary of the Interior to accept the lands proposed
for relinquishment if the Secretary determines that such lands are not suitable
for return to the public domain. If the Secretary makes such a determination,
the Secretary shall provide notice of the determination to Congress.
2944.
Interchanges
and transfers of Federal lands
(a)
Authority
The
Secretary of the Interior and the Secretary concerned may interchange or
transfer between each other parcels of Federal land under their jurisdiction. A
parcel may include multiple non-contiguous pieces of Federal lands.
(b)
Conditions
Any
interchange or transfer of land under this section is subject to the following
conditions:
(1) The Secretary of
the Interior and the Secretary concerned must each determine that the
interchange or transfer is to the benefit of their respective department and in
the public interest.
(2) Both parcels of
land to be interchanged must, before the interchange, be located on the same
military installation.
(3) Both parcels of
land to be interchanged must be of approximately the same acreage.
(4) The parcel to be
transferred must be located on the military installation to which it is
transferred.
(5) The parcel
interchanged or transferred by the Secretary of the Interior must be part of
the lands withdrawn and reserved by this chapter.
(6) The parcel
interchanged or transferred by the Secretary concerned must be under the
administrative jurisdiction of the Secretary concerned and excess to the needs
of the Department of Defense.
(7) During the term of
a withdrawal, no more than 5,000 acres may be transferred under this section by
one Secretary to the other on any one military installation.
(c)
Status of
federal land after interchange
Upon completion of an interchange
or transfer under this section—
(1) at the discretion
of the Secretary of the Interior, a parcel received by the Secretary of the
Interior may—
(A) become withdrawn
and reserved lands under the provisions of this chapter; or
(B) be managed as
public lands under the provisions of the Federal Land Policy and Management Act
(43 U.S.C. 1701 et seq.) and other applicable law; and
(2) a parcel received
by the Secretary concerned shall—
(A) cease to be part
of the public lands and lands withdrawn and reserved by this chapter;
and
(B) be treated as
property under section 102(9) of title 40 under the administrative jurisdiction
of the Secretary concerned.
(d)
Equalization
payments
Neither the Secretary of the Interior nor the Secretary
concerned may make an equalization payment to further a land interchange or
transfer under this section.
2945.
Delegability
by the Secretary of the Interior
The Secretary of the Interior may delegate
the Secretary’s functions under this chapter, except that an order pursuant to
section 2942 of this title and a revocation order pursuant to section 2943(e)
of this title may be approved and signed only by individuals in the Office of
the Secretary who have been appointed by the President, by and with the advice
and consent of the Senate.
2946.
Land
withdrawals; immunity of the United States
The United States and all departments and
agencies thereof, and their officers and employees, shall be held harmless and
shall not be liable for any injuries or damages to persons or property suffered
in the course of any mining or mineral or geothermal leasing activity or other
authorized non-defense-related activity conducted on lands withdrawn and
reserved by this chapter.
II
China Lake,
California
Sec.
2955a. Withdrawal and
reservation.
2955b. Management of withdrawn and reserved lands.
2955c. Duration of withdrawal and reservation.
2955a.
Withdrawal
and reservation
(a)
Withdrawal
Subject
to valid existing rights and except as otherwise provided in this subchapter,
the public lands and interests in lands described in subsection (c), and all
other areas within the boundary of such lands as depicted on the map provided
for by section 2932 of this title which may become subject to the operation of
the public land laws, are hereby withdrawn from all forms of appropriation
under the public land laws, including the mining laws and the mineral leasing
laws.
(b)
Reservation
The
lands withdrawn by subsection (a) are reserved for use by the Secretary of the
Navy for the following purposes:
(1) Use as a research,
development, test, and evaluation laboratory.
(2) Use as a range for
air warfare weapons and weapon systems.
(3) Use as a high
hazard testing and training area for aerial gunnery, rocketry, electronic
warfare and countermeasures, tactical maneuvering and air support, and directed
energy and unmanned aerial systems.
(4) Geothermal
leasing, development, and related power production activities.
(5) Other
defense-related purposes consistent with the purposes specified in the
preceding paragraphs and authorized pursuant to section 2934 of this
title.
(c)
Land
description
The public lands and interests in lands referred to
in subsection (a) are the Federal lands located within the boundaries of the
Naval Air Weapons Station China Lake, comprising approximately 1,030,000 acres
in Inyo, Kern, and San Bernardino Counties, California, as generally depicted
on a map entitled Naval Air Weapons Station China Lake
Withdrawal—Renewal, dated XX, xx, 2012, and filed in accordance with
section 2932 of this title.
2955b.
Management of
withdrawn and reserved lands
(a)
Management by
the secretary of the interior
(1) Except as provided in
subsection (b), during the period of the withdrawal and reservation of lands by
this subchapter, the Secretary of the Interior shall manage the lands withdrawn
and reserved by section 2955a of this title in accordance with this chapter,
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
and other applicable law.
(2) To the extent consistent with
applicable law and Executive orders, the lands withdrawn by section 2955a of
this title may be managed in a manner permitting the following
activities:
(A) Grazing.
(B) Protection of wildlife and wildlife
habitat.
(C) Preservation of cultural
properties.
(D) Control of predatory and other
animals.
(E) Recreation and education.
(F) Prevention and appropriate suppression
of brush and range fires resulting from non-military activities.
(G) Geothermal leasing and development and
related power production activities.
(3) All
non-defense-related uses of such lands, including the uses described in
paragraph (2), shall be subject to such conditions and restrictions as may be
necessary to permit the defense-related use of such lands for the purposes
specified in or authorized pursuant to this chapter.
(b)
Assignment of
management
(1) The Secretary of the
Interior may assign the management responsibility, in whole or in part, for the
lands withdrawn and reserved by section 2955a of this title to the Secretary of
the Navy who, if so assigned, shall manage such lands in accordance with this
title, title I of the Sikes Act (16 U.S.C. 670a et seq.), the Federal Land
Policy and Management Act of 1976, and cooperative management arrangements
between the Secretary of the Interior and the Secretary of the Navy. Nothing in
this subsection or section 2935 of this title shall affect geothermal leases
issued by the Secretary of the Interior before the date of the enactment of
this subchapter, or the responsibility of the Secretary of the Interior to
administer and manage such leases, consistent with the provisions of this
section.
(2) The Secretary of the Interior shall
be responsible for the issuance of any lease, easement, right-of-way, permit,
license, or other instrument authorized by law with respect to any activity
which involves both the lands withdrawn and reserved by section 2955a of this
title and any other lands not under the administrative jurisdiction of the
Secretary of the Navy. Any such authorization shall be issued only with the
consent of the Secretary of the Navy and shall be subject to such conditions as
the Secretary of the Navy may prescribe with regard to those lands withdrawn
and reserved by section 2955a of this title.
(3) Neither this chapter nor any other
provision of law shall be construed to prohibit the Secretary of the Interior
from issuing and administering any lease pursuant to the Geothermal Steam Act
of 1970 (30 U.S.C. 1001 et seq.) and other applicable law for the development
and utilization of geothermal steam and associated geothermal resources on the
lands withdrawn and reserved by section 2955a of this title, but such a lease
may not be issued without the concurrence of the Secretary of the Navy.
(4) This chapter shall not affect the
geothermal exploration and development authority of the Secretary of the Navy
under section 2917 of this title with respect to the lands withdrawn and
reserved by section 2955a, except that the Secretary of the Navy shall obtain
the concurrence of the Secretary of the Interior before taking action under
section 2917.
(5) Upon the expiration of the withdrawal
and reservation or upon the relinquishment of the lands withdrawn and reserved
by section 2955a of this title, Navy contracts for the development of
geothermal resources at Naval Air Weapons Station China Lake then in effect (as
amended or renewed by the Navy after the date of the enactment of this
subchapter) shall remain in effect, except that the Secretary of the Interior,
with the consent of the Secretary of the Navy, may offer to substitute a
standard geothermal lease for any such contract.
(6) Any lease made pursuant to section
2935(d) of this title of lands withdrawn and reserved by section 2955a of this
title shall require the concurrence of the Secretary of the Navy if the
Secretary determines that the proposed lease may interfere with geothermal
resources on those lands.
(7) The Secretary of the Navy shall be
responsible for the management of wild horses and burros located on the lands
withdrawn and reserved by section 2955a of this title and may use helicopters
and motorized vehicles for such purpose. Such management shall be conducted in
accordance with laws applicable to such management on public lands. The
Secretary of the Interior and the Secretary of the Navy shall enter into an
agreement for implementation of such management.
(c)
Continuation of
existing agreement
The agreement between the Secretary of the
Interior and the Secretary of the Navy entered into before the date of the
enactment of this subchapter pursuant to section 805 of the California Military
Lands Withdrawal and Overflights Act of 1994 shall continue in effect until the
earlier of—
(1) the date on which
the Secretaries enter into a new agreement; or
(2) the date that is
one year after the date of the enactment of this subchapter.
(d)
Cooperation in
development of management plan
(1) The Secretary of the
Navy and the Secretary of the Interior shall update and maintain cooperative
arrangements concerning land resources and land uses on the lands withdrawn and
reserved by section 2955a of this title.
(2) Cooperative arrangements under
paragraph (1) shall focus on and apply to sustainable management and protection
of the natural and cultural resources and environmental values found on such
withdrawn and reserved lands, consistent with the defense-related purposes for
which those lands are withdrawn and reserved.
(3) Each cooperative arrangement under
paragraph (1) shall include a comprehensive land use management plan which
shall integrate and be consistent with all applicable law, including the
requirements of title I of the Sikes Act and the Federal Land Policy and
Management Act of 1976. Each such management plan shall be reviewed annually
and shall be updated, as needed, in response to evolving management
requirements and to complement the updates of other applicable land use and
resource management and planning.
(e)
Implementing
agreement
(1) The Secretary of the
Interior and the Secretary of the Navy may enter into a written agreement to
implement the comprehensive land use management plan developed under subsection
(d).
(2) An agreement under paragraph (1)
shall include a provision for periodic review of the agreement for its
adequacy, effectiveness, and need for revision.
(3) The duration of an agreement under
paragraph (1) shall be the same as the period of the withdrawal and reservation
of lands under this subchapter, but may be amended from time to time.
2955c.
Duration of
withdrawal and reservation
The
withdrawal and reservation made by this subchapter shall terminate on March 31,
2039.
III
Limestone Hills,
Montana
Sec.
2957a. Withdrawal and
reservation.
2957b. Management of withdrawn and reserved lands.
2957c. Duration of withdrawal and reservation.
2957d. Special rules governing minerals management.
2957e. Grazing.
2957a.
Withdrawal
and reservation
(a)
Withdrawal
Subject
to valid existing rights and except as otherwise provided in this subchapter,
the public lands and interests in lands described in subsection (c), and all
other areas within the boundary of such lands as depicted on the map provided
for by section 2932 of this title which may become subject to the operation of
the public land laws, are hereby withdrawn from all forms of appropriation
under the public land laws, including the mining laws and the mineral leasing
and geothermal leasing laws.
(b)
Reservation
The
lands withdrawn by subsection (a) are reserved for use by the Secretary of the
Army for the following purposes:
(1) The conduct of
training for active and reserve components of the armed forces.
(2) The conduct of
training by the Montana Department of Military Affairs; any such use may not
interfere with purposes specified in paragraphs (1) and (3).
(3) The construction,
operation, and maintenance of organizational support and maintenance facilities
for component units conducting training.
(4) Other
defense-related purposes consistent with the purposes specified in the
preceding paragraphs and authorized pursuant to section 2934 of this
title.
(5) The conduct of
training by State and local law enforcement agencies, civil defense
organizations, and public education institutions; any such use may not
interfere with military training activities.
(c)
Land
description
The public lands and interests in lands referred to
in subsection (a) are the Federal lands comprising approximately 18,644 acres
in Broadwater County, Montana, as generally depicted as Proposed Land
Withdrawal on the map entitled Limestone Hills Training Area
Land Withdrawal dated _____, and filed in accordance with section 2932
of this title.
(d)
Indian
tribes
Nothing in this subchapter shall be construed as altering
any rights reserved for an Indian tribe for tribal use by treaty or Federal
law. Subject to section 2933 of this title, the Secretary of the Army shall
consult with any Indian tribe in the vicinity of the lands withdrawn and
reserved by this section before taking action affecting tribal rights or
cultural resources protected by treaty or Federal law.
2957b.
Management of
withdrawn and reserved lands
During the period of the withdrawal and
reservation made by this subchapter, the Secretary of the Army shall manage the
lands withdrawn and reserved by this subchapter for the purposes specified in
section 2957a of this title.
2957c.
Duration of
withdrawal and reservation
(a)
Term
The
withdrawal and reservation made by this subchapter shall terminate on March 31,
2039.
(b)
Extension of
term
Notwithstanding section 2940 of this title, in accordance
with section 2 of the Act of February 28, 1958, Public Law 85–337 (72 Stat.
27), commonly known as the Engle Act (43 U.S.C. 156), if an
application is filed by the Secretary of the Army in accordance with section
2941 of this title, the Secretary of the Interior may use the authority and
procedures under section 204 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1714) to extend the withdrawal and reservation made by this
subchapter for an additional term not to exceed 20 years in accordance with
that section and other applicable law.
2957d.
Special rules
governing minerals management
(a)
Indian creek
mine
Locatable mineral activities in the approved Indian Creek
Mine, plan of operations MTM–78300, shall be regulated pursuant to subparts
3715 and 3809 of title 43, Code of Federal Regulations. Notwithstanding section
2935 of this title, the Secretary of the Army shall make no determination that
the disposition of or exploration for minerals as provided for in the approved
plan of operations is inconsistent with the military uses of such lands. The
coordination of such disposition of and exploration for minerals with military
uses of such lands shall be determined pursuant to procedures in an agreement
provided for under subsection (d).
(b)
Removal of
unexploded ordnance on lands To be mined
The Secretary of the
Army shall request funding for and, subject to the availability of such funds,
shall remove unexploded ordnance on lands withdrawn and reserved by this
subchapter which are subject to mining under subsection (a), consistent with
applicable Federal and State law. The Secretary of the Army may engage in such
removal of unexploded ordnance in phases to accommodate the development of the
Indian Creek Mine pursuant to subsection (a).
(c)
Report on
removal activities
The Secretary of the Army shall annually
submit to the Secretary of the Interior a report regarding the unexploded
ordnance removal activities for the previous fiscal year performed pursuant to
subsection (b). The report shall include the amounts of funding expended for
unexploded ordnance removal on such lands.
(d)
Implementation
agreement for mining activities
(1) The Secretary of the
Interior and the Secretary of the Army shall enter into an agreement to
implement this section with regard to coordination of defense-related uses and
mining and the ongoing removal of unexploded ordnance. The agreement shall
provide the following:
(A) Procedures that will be used to
facilitate day-to-day joint-use of the Limestone Hills Training Area.
(B) Procedures for access through mining
operations covered by this section to training areas within the boundaries of
the Limestone Hills Training Area.
(C) Procedures for scheduling of the
removal of unexploded ordnance.
(2) The Secretary of the Interior and the
Secretary of the Army shall invite Graymont Western US. Inc., or any successor
or assign of the approved Indian Creek Mine mining plan of operations,
MTM–78300, to be a party to the agreement.
2957e.
Grazing
(a)
Issuance and
administration of permits and leases
The issuance and
administration of grazing permits and leases, including their renewal, on the
lands withdrawn and reserved by this subchapter shall be managed by the
Secretary of the Interior consistent with all applicable laws, regulations, and
policies of the Secretary of the Interior relating to such permits and
leases.
(b)
Safety
requirements
With respect to any grazing permit or lease issued
after the date of enactment of this subchapter for lands withdrawn and reserved
by this subchapter, the Secretary of the Interior and the Secretary of the Army
shall jointly establish procedures that are consistent with Department of the
Army explosive and range safety standards and that provide for the safe use of
any such lands.
(c)
Assignment
The
Secretary of the Interior may, with the agreement of the Secretary of the Army,
assign the authority to issue and to administer grazing permits and leases to
the Secretary of the Army, except that such an assignment may not include the
authority to discontinue grazing on the lands withdrawn and reserved by this
subchapter.
IV
Chocolate
Mountain, California
Sec.
2959a. Withdrawal and
reservation.
2959b. Management of withdrawn and reserved lands.
2959c. Duration of withdrawal and reservation.
2959d. Access.
2959a.
Withdrawal
and reservation
(a)
Withdrawal
Subject
to valid existing rights and except as otherwise provided in this subchapter,
the public lands and interests in lands described in subsection (c), and all
other areas within the boundary of such lands as depicted on the map provided
for by section 2932 of this title which may become subject to the operation of
the public land laws, are hereby withdrawn from all forms of appropriation
under the public land laws, including the mining laws and the mineral leasing
and geothermal leasing laws.
(b)
Reservation
The
lands withdrawn by subsection (a) are reserved for use by the Secretary of the
Navy for the following purposes:
(1) Testing and
training for aerial bombing, missile firing, tactical maneuvering, and air
support.
(2) Small unit ground
forces training, including artillery firing, demolition activities, and small
arms field training.
(3) Other
defense-related purposes consistent with the purposes specified in the
preceding paragraphs and authorized pursuant to section 2934 of this
title.
(c)
Land
description
The public lands and interests in lands referred to
in subsection (a) are the Federal lands comprising approximately 228,325 acres
in Imperial and Riverside Counties, California, as generally depicted on a map
entitled Chocolate Mountain Aerial Gunnery Range
Proposed—Withdrawal, said map originally dated 1987, with revised
dating to July 1993, prepared by Department of the Navy, Naval Facilities
Engineering Command, identified as WESTDIV Drawing No. C–102370, on file with
the Department of the Interior, Bureau of Land Management, California State
Office, and filed in accordance with section 2932 of this title.
2959b.
Management of
withdrawn and reserved lands
(a)
Management by
the secretary of the interior
Except as provided in subsection
(b), during the period of the withdrawal and reservation of lands by this
subchapter, the Secretary of the Interior shall manage the lands withdrawn and
reserved by section 2959a of this title in accordance with this chapter, the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and
other applicable law.
(b)
Assignment of
management to the secretary of the navy
The Secretary of the
Interior may assign the management responsibility, in whole or in part, for the
lands withdrawn and reserved by section 2959a of this title to the Secretary of
the Navy. If the Secretary of the Navy accepts such assignment, that Secretary
shall manage such lands in accordance with this title, title I of the Sikes Act
(16 U.S.C. 670a et seq.), and other applicable law.
(c)
Implementing
agreement
(1) The Secretary of the
Interior and the Secretary of the Navy may enter into a written agreement to
implement the assignment of management responsibility pursuant to subsection
(b).
(2) An agreement under paragraph (1)
shall include a provision for periodic review of the agreement for its
adequacy, effectiveness, and need for revision.
(3) The duration of an agreement under
paragraph (1) shall be the same as the period of the withdrawal and reservation
of lands under this subchapter, but may be amended from time to time.
(d)
Access
agreement
The Secretary of the Interior and the Secretary of the
Navy may enter into a written agreement to address access to and maintenance of
Bureau of Reclamation facilities located within the boundary of the Chocolate
Mountains Aerial Gunnery Range.
2959c.
Duration of
withdrawal and reservation
The
withdrawal and reservation made by this subchapter shall terminate on March 31,
2039.
2959d.
Access
Notwithstanding section 2933 of this title,
the lands withdrawn and reserved by section 2959a of this title, other than
those constituting the Bradshaw Trail, are closed to the public and all uses,
other than those authorized by section 2959a(b) of this title or pursuant to
section 2934 of this title, shall be subject to such conditions and
restrictions as may be necessary to prevent any interference with the uses
authorized by section 2959a(b) of this title or pursuant to section 2934 of
this title.
V
Twentynine Palms,
California
Sec.
2961a. Withdrawal and
reservation.
2961b. Management of withdrawn and reserved lands.
2961c. Duration of withdrawal and reservation.
2961a.
Withdrawal
and reservation
(a)
Withdrawal
Subject
to valid existing rights and except as otherwise provided in this subchapter,
the public lands and interests in lands described in subsection (d), and all
other areas within the boundary of such lands as depicted on the map provided
for by section 2932 of this title which may become subject to the operation of
the public land laws, are hereby withdrawn from all forms of appropriation
under the public land laws, including the mining laws and the mineral leasing
and geothermal leasing laws.
(b)
Reservation for
secretary of the navy
The lands withdrawn by subsection (a)
constituting the Exclusive Military Use Area are reserved for use by the
Secretary of the Navy for the following purposes:
(1) Sustained,
combined arms, live-fire, and maneuver field training for large-scale Marine
air ground task forces.
(2) Individual and
unit live-fire training ranges.
(3) Equipment and
tactics development.
(4) Other
defense-related purposes consistent with the purposes specified in the
preceding paragraphs and authorized pursuant to section 2934 of this
title.
(c)
Reservation for
secretary of the interior
The lands withdrawn by subsection (a)
constituting the Shared Use Area are reserved for use by the Secretary of the
Navy for the purposes specified in subsection (b) and for the Secretary of the
Interior for the following purposes:
(1) Public recreation
when not used for military training and having been determined as suitable for
public use.
(2) Natural resources
conservation.
(d)
Land
description
The public lands and interests in lands referred to
in subsection (a) are the Federal lands comprising approximately 154,663 acres
in San Bernardino County, California, as generally depicted on a map entitled
___, dated ___, and filed in accordance with section 2932 of this title. Such
lands are divided into two areas, as follows:
(1) The Exclusive
Military Use Area, divided into four areas, consisting of one area to the west
of the Marine Corps Air Ground Combat Center of approximately 103,618 acres,
one area south of the Marine Corps Air Ground Combat Center of approximately
21,304 acres, and two other areas, each measuring approximately 300 meters
square, located inside the boundaries of the Shared Use Area.
(2) The Shared Use
Area, consisting of approximately 36,755 acres.
2961b.
Management of
withdrawn and reserved lands
(a)
Management by
the secretary of the navy
During the period of withdrawal and
reservation of lands by this subchapter, the Secretary of the Navy shall,
subject to subsection (b), manage the lands withdrawn and reserved by section
2961a of this title for the purposes specified in such section pursuant
to—
(1) an integrated
natural resources management plan prepared and implemented pursuant to title I
of the Sikes Act (16 U.S.C. 670 et seq.);
(2) this title;
and
(3) a programmatic
agreement between the United States Marine Corps and the California State
Historic Preservation Officer regarding operation, maintenance, training, and
construction at the United States Marine Air Ground Task Force Training
Command, Marine Corps Air Ground Combat Center, Twentynine Palms,
California.
(b)
Management by
the secretary of the interior
(1) During the period of
withdrawal and reservation of lands by this subchapter, the Secretary of the
Interior shall manage the Shared Use Area except for two 30-day periods each
year when such lands are exclusively used by the Secretary of the Navy for
military training purposes, during which time the Secretary of the Navy shall
manage such lands.
(2) The Secretary of the Interior, during
the period of the Secretary’s management pursuant to paragraph (1), shall
manage the Shared Use Area for the purposes specified in section 2961a(c) of
this title in accordance with—
(A) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) any other applicable law and
regulations.
(3) The Secretary of the Navy, during the
period of the Secretary’s management pursuant to paragraph (1), shall manage
the Shared Use Area for the purposes specified in section 2961a(b) of this
title in accordance with—
(A) an integrated natural resources
management plan prepared and implemented in accordance with title I of the
Sikes Act (16 U.S.C. 670a et seq.);
(B) this title; and
(C) the programmatic agreement referred to
in subsection (a)(3).
(c)
Public
access
(1) Notwithstanding section
2933 of this title, the Exclusive Military Use Area shall be closed to all
public access unless otherwise authorized by the Secretary of the Navy.
(2) The Shared Use Area shall be open to
public recreational use during the period it is under the management of the
Secretary of the Interior, but only after being determined as suitable for
public use by the Secretary of the Navy. Any such determination shall not be
unreasonably withheld.
(3)
(A) The Secretary of the
Navy and the Secretary of the Interior, by agreement, shall establish a
Resource Management Group comprised of representatives of the Departments of
the Interior and Navy.
(B) The Group shall—
(i) develop and implement a public
outreach plan to inform the public of the land uses changes and safety
restrictions affecting the withdrawn lands; and
(ii) advise the Secretaries of the
Interior and Navy as to all issues associated with the multiple uses of the
Shared Use Area.
(C) The Group shall meet at least once a
year and shall seek information from relevant California State agencies,
private off-highway vehicle interest groups, event managers, environmental
advocacy groups, and others relating to the management and facilitation of
recreational use within the Shared Use Area.
(4) Military training within the Shared
Use Area shall not be conditioned on, nor shall such training be precluded
by—
(A) the lack of a Department of the
Interior developed and implemented recreation management plan or land use
management plan for the Shared Use Area; or
(B) any legal or administrative challenge
to any such recreation management plan or land use plan document.
(5) The Shared Use Area shall be managed
so as not to compromise the ability of the Department of the Navy to conduct
military training in the Area.
(d)
Implementation
agreement
The Secretary of the Interior and the Secretary of the
Navy shall enter into a written agreement to implement the management
responsibility relating to the Shared Use Area. The agreement—
(1) shall include a
provision for periodic review of the agreement for its adequacy, effectiveness,
and need for revision;
(2) shall have a
duration which shall be the same as the period of the withdrawal and
reservation of lands under this subchapter, but may be amended from time to
time;
(3) may provide for
the integration of the management plans required of the Secretaries of the
Interior and Navy by this chapter;
(4) may provide for
delegation to civilian law enforcement personnel of the Department of the Navy
of the authority of the Secretary of the Interior to enforce the laws relating
to protection of natural and cultural resources and of fish and wildlife;
and
(5) may provide for
the Secretaries of the Interior and Navy to share resources in order to most
efficiently and effectively manage the Shared Use Area.
(e)
Johnson valley
off-Highway vehicle recreation area
(1)
Designation
Approximately
45,000 acres (as depicted on the map referred to in section 2961a of this
title) of the existing Bureau of Land Management-designated Johnson Valley
Off-Highway Vehicle Area that are not withdrawn and reserved for
defense-related uses by this subchapter, together with the Shared Use Area, are
hereby designated as the Johnson Valley Off-Highway Vehicle Recreation
Area.
(2)
Authorized
activities
To the extent consistent with applicable Federal law
and regulations and this chapter, any authorized recreation activities and use
designation in effect on the date of the enactment of this subchapter and
applicable to the Johnson Valley Off-Highway Vehicle Recreation Area may
continue, including casual off-highway vehicular use, racing, competitive
events, rock crawling, training, and other forms of off-highway
recreation.
(3)
Administration
The
Secretary of the Interior shall administer the Johnson Valley Off-Highway
Vehicle Recreation Area (other than that portion consisting of the Shared Use
Area the management of which is addressed elsewhere in this section) in
accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.) and other applicable laws and regulations.
(4)
Transit
In
coordination with the Secretary of the Interior, the Secretary of the Navy may
authorize transit through the Johnson Valley Off-Highway Vehicle Recreation
Area for defense-related purposes supporting military training (including
military range management and management of exercise activities) conducted on
the lands withdrawn and reserved by this subchapter.
2961c.
Duration of
withdrawal and reservation
The
withdrawal and reservation made by this subchapter shall terminate on March 31,
2039.
.
(b)
Compensation to
Broadwater County, Montana
The Secretary of the Army may pay
Broadwater County, Montana, a one-time lump sum payment of $1,000,000 to offset
the 25-year loss of payments in lieu of taxes provided to the County by the
Federal Government for lands withdrawn and reserved by subchapter III of
chapter 174 of title 10, United States Code, as added by subsection (a).
(c)
Termination of
prior withdrawals
The withdrawal and reservation contained in
section 803(a) of the California Military Lands Withdrawal and Overflights Act
of 1994 is hereby terminated. Notwithstanding such termination, all rules,
regulations, orders, permits, and other privileges issued or granted by the
Secretary of the Interior or a Secretary concerned with respect to the lands
withdrawn and reserved under such section, unless inconsistent with the
provisions of chapter 174 of title 10, United States Code, as added by
subsection (a), shall remain in force until modified, suspended, overruled, or
otherwise changed by that Secretary, by a court of competent jurisdiction, or
by operation of law.
(d)
Clerical
amendment
The table of chapters at the beginning of subtitle A of
such title and at the beginning of part IV of such subtitle are each amended by
inserting after the item relating to chapter 173 the following new item:
174.Land
Withdrawals2931
.
2822.
Fort Bliss
military land withdrawal
(a)
Revocation of
withdrawal; return of administration
Effective on the date of the
enactment of this Act—
(1) Public Land Order
833, dated May 21, 1952 (17 Fed. Reg. 4822), is revoked as to the approximately
2,050 acres of lands generally depicted as Parcel 1 on the map
titled Doña Ana County Land Transfer and Withdrawal, dated April
20, 2011 (referred to in this section as the map);
(2) administration of
the lands is returned from the Secretary of the Army to the Secretary of the
Interior, acting through the Director of the Bureau of Land Management;
and
(3) the lands shall be
managed as public lands in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and any other applicable
laws.
(b)
Withdrawal
(1)
In
general
Subject to valid existing rights and the limitations in
paragraph (2), the parcels of Federal land generally depicted on the map as
Parcel 2 and Parcel 3, consisting of
approximately 35,550 acres, and any land or interest in land that is acquired
by the United States within the boundaries of those parcels, are withdrawn from
all forms of location, entry, appropriation, and disposal under the public land
laws, including the mineral leasing laws, the mining laws, the mineral
materials laws, and the geothermal leasing laws.
(2)
Limitation
Notwithstanding
paragraph (1), Parcel 3 is not withdrawn for purposes of the issuance of oil
and gas pipeline rights-of-way.
(c)
Maps and legal
description
(1)
Publication and
filing
As soon as practicable after the date of the enactment of
this Act, the Secretary of the Interior shall—
(A) publish in the
Federal Register a legal description of the parcels of Federal land returned by
subsection (a) and withdrawn by subsection (b); and
(B) file copies of the
map described in subsection (a) and the legal description of the parcels with
the Committee on Armed Services and the Committee on Energy and Natural
Resources of the Senate and the Committee on Armed Services and the Committee
on Natural Resources of the House of Representatives.
(2)
Force of
law
The map and legal descriptions filed under paragraph
(1)—
(A) shall have the
same force and effect as if included in this Act, except that the Secretary of
the Interior may correct errors in the map and legal descriptions; and
(B) shall be on file
and available for public inspection in the appropriate offices of the Bureau of
Land Management.