Text of US HB 1960 (2013)

I 113TH CONGRESS 1ST SESSION H. R. 1960 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. 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Defense Au- 4 thorization Act for Fiscal Year 2014’’. 5 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 2 •HR 1960 IH SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 1 CONTENTS. 2 (a) DIVISIONS.—This Act is organized into two divi- 3 sions as follows: 4 (1) Division A—Department of Defense Au- 5 thorizations. 6 (2) Division B—Military Construction Author- 7 izations. 8 (b) TABLE OF CONTENTS.—The table of contents for 9 this Act is as follows: 10 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 regard- ing information technology capital assets. VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 3 •HR 1960 IH Sec. 313. Authorized expenses in connection with humanitarian and civic assist- ance 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 Na- tional Guard. Sec. 512. Pilot program to allow establishment of active status and inactive sta- tus 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 Re- serve who are involuntarily separated. Sec. 522. Authority for joint professional military education phase II instruc- tion 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. VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 4 •HR 1960 IH 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 De- fense 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 recruit- ment 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 ac- cept 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 acquisi- tion authority. Sec. 802. Reduction in costs to report critical changes to major automated in- formation system programs. Sec. 803. Modification of reporting requirement for Department of Defense business system acquisition programs when initial operating ca- pability is not achieved within five years of Milestone A ap- proval. 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 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 5 •HR 1960 IH 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 edu- cation. 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 head- quarters 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 in- strumentalities 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 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 6 •HR 1960 IH Sec. 1321. Authority for transfer of funds to joint Department of Defense-De- partment of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illi- nois. 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 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 7 •HR 1960 IH Sec. 2411. Authorization of appropriations, chemical demilitarization construc- tion, 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 ac- tivities 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, Cali- fornia. Subtitle C—Land Withdrawals Sec. 2821. Military land withdrawals and codification of statutory provisions re- lating to China Lake, Limestone Hills, Chocolate Mountain, and Twentynine Palms. Sec. 2822. Fort Bliss military land withdrawal. VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 8 •HR 1960 IH DIVISION A—DEPARTMENT OF 1 DEFENSE AUTHORIZATIONS 2 TITLE I—PROCUREMENT 3 Subtitle A—Authorization of 4 Appropriations 5 SEC. 101. ARMY. 6 Funds are hereby authorized to be appropriated for 7 fiscal year 2014 for procurement for the Army as follows: 8 (1) For aircraft, $5,024,387,000. 9 (2) For missiles, $1,334,083,000. 10 (3) For weapons and tracked combat vehicles, 11 $1,597,267,000. 12 (4) For ammunition, $1,540,437,000. 13 (5) For other procurement, $6,465,218,000. 14 SEC. 102. NAVY AND MARINE CORPS. 15 (a) FISCAL YEAR 2014.—Funds are hereby author- 16 ized to be appropriated for fiscal year 2014 for procure- 17 ment for the Navy and Marine Corps as follows: 18 (1) For aircraft, $17,927,651,000. 19 (2) For weapons, including missiles and tor- 20 pedoes, $3,122,193,000. 21 (3) For shipbuilding and conversion, 22 $14,077,804,000. 23 (4) For other procurement, $6,310,257,000. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 9 •HR 1960 IH (5) For procurement, Marine Corps, 1 $1,343,511,000. 2 (6) For ammunition procurement, Navy and 3 Marine Corps, $589,267,000. 4 (b) AUTHORIZATION OF ADVANCE APPROPRIA- 5 TIONS.—Funds are hereby authorized to be appropriated 6 for fiscal year 2015 in the amount of $952,739,000 for 7 Shipbuilding and Conversion, Navy, for procurement of a 8 Virginia class submarine. 9 SEC. 103. AIR FORCE. 10 Funds are hereby authorized to be appropriated for 11 fiscal year 2014 for procurement for the Air Force as fol- 12 lows: 13 (1) For aircraft, $11,398,901,000. 14 (2) For ammunition, $759,442,000. 15 (3) For missiles, $5,343,286,000. 16 (4) For other procurement, $16,760,581,000. 17 SEC. 104. DEFENSE-WIDE ACTIVITIES. 18 Funds are hereby authorized to be appropriated for 19 fiscal year 2014 for Defense-wide procurement in the 20 amount of $4,534,083,000. 21 SEC. 105. DEFENSE PRODUCTION ACT PURCHASES. 22 Funds are hereby authorized to be appropriated for 23 fiscal year 2014 for purchases under the Defense Produc- 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 10 •HR 1960 IH tion Act of 1950 (50 U.S.C. App. 2061 et seq.) in the 1 amount of $25,135,000. 2 Subtitle B—Specific Programs 3 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR E– 4 2D AIRCRAFT PROGRAM. 5 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 6 Subject to section 2306b of title 10, United States Code, 7 the Secretary of the Navy may enter into a multiyear con- 8 tract or contracts, beginning with the fiscal year 2014 pro- 9 gram year, for the procurement of E–2D aircraft for the 10 Department of the Navy. 11 (b) CONDITION FOR OUT-YEAR CONTRACT PAY- 12 MENTS.—A contract entered into under subsection (a) 13 shall provide that any obligation of the United States to 14 make a payment under the contract for a fiscal year after 15 fiscal year 2014 is subject to the availability of appropria- 16 tions for that purpose for such later fiscal year. 17 SEC. 112. MODIFICATION TO COST CAP FOR CVN–78 AIR- 18 CRAFT CARRIER. 19 (a) COST CAP BASELINE.—Subsection (a)(1) of sec- 20 tion 122 of the John Warner National Defense Authoriza- 21 tion Act for Fiscal Year 2007 (Public Law 109–364; 120 22 Stat. 2104) is amended by striking ‘‘$10,500,000,000’’ 23 and inserting ‘‘$12,887,000,000’’. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 11 •HR 1960 IH (b) ADDITIONAL FACTOR FOR ADJUSTMENT OF LIM- 1 ITATION AMOUNT.—Subsection (b) of such section is 2 amended by adding at the end the following new para- 3 graph: 4 ‘‘(7) The amounts of increases or decreases in 5 costs of that ship that are attributable to the ship- 6 board test program.’’. 7 (c) HULL NUMBER.—Such section is further amend- 8 ed by striking ‘‘CVN–21’’ in subsections (a)(1), (a)(2), 9 and (b) and in the section heading and inserting ‘‘CVN– 10 78’’. 11 SEC. 113. CLARIFICATION OF LIMITATIONS ON RETIRE- 12 MENT OF B–52 BOMBER AIRCRAFT. 13 Section 131(a)(1) of the John Warner National De- 14 fense Authorization Act for Fiscal Year 2007 (Public Law 15 109–364; 120 Stat. 2111), as amended by section 16 137(a)(1) of the National Defense Authorization Act for 17 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 32), 18 is further amended in subparagraph (C) by striking ‘‘in 19 a common capability configuration’’. 20 SEC. 114. REPEAL OF LIMITATION ON RETIREMENT OF KC– 21 135E AIRCRAFT. 22 Section 135(b) of the John Warner National Defense 23 Authorization Act for Fiscal Year 2007 (Public Law 109– 24 364; 120 Stat. 2114), as amended by section 131 of the 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 12 •HR 1960 IH Duncan Hunter National Defense Authorization Act for 1 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4377), 2 is repealed. 3 TITLE II—RESEARCH, DEVELOP- 4 MENT, TEST, AND EVALUA- 5 TION 6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 7 Funds are hereby authorized to be appropriated for 8 fiscal year 2014 for the use of the Department of Defense 9 for research, development, test, and evaluation as follows: 10 (1) For the Army, $7,989,102,000. 11 (2) For the Navy, $15,974,780,000. 12 (3) For the Air Force, $25,702,946,000. 13 (4) For Defense-wide activities, 14 $17,667,108,000. 15 (5) For the Director of Operational Test and 16 Evaluation, $186,300,000. 17 TITLE III—OPERATION AND 18 MAINTENANCE 19 Subtitle A—Authorization of 20 Appropriations 21 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 22 Funds are hereby authorized to be appropriated for 23 fiscal year 2014 for the use of the Armed Forces and other 24 activities and agencies of the Department of Defense for 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 13 •HR 1960 IH expenses, not otherwise provided for, for operation and 1 maintenance, in amounts as follows: 2 (1) For the Army, $35,073,077,000. 3 (2) For the Navy, $39,945,237,000. 4 (3) For the Marine Corps, $6,254,650,000. 5 (4) For the Air Force, $37,270,842,000. 6 (5) For Defense-wide activities, 7 $32,997,693,000. 8 (6) For the Army Reserve, $3,095,036,000. 9 (7) For the Navy Reserve, $1,197,752,000. 10 (8) For the Marine Corps Reserve, 11 $263,317,000. 12 (9) For the Air Force Reserve, $3,164,607,000. 13 (10) For the Army National Guard, 14 $7,054,196,000. 15 (11) For the Air National Guard, 16 $6,566,004,000. 17 (12) For the United States Court of Appeals 18 for the Armed Forces, $13,606,000. 19 (13) For the Department of Defense Acquisi- 20 tion Workforce Development Fund, $256,031,000. 21 (14) For Environmental Restoration, Army, 22 $298,815,000. 23 (15) For Environmental Restoration, Navy, 24 $316,103,000. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 14 •HR 1960 IH (16) For Environmental Restoration, Air Force, 1 $439,820,000. 2 (17) For Environmental Restoration, Defense- 3 wide, $10,757,000. 4 (18) For Environmental Restoration, Formerly 5 Used Defense Sites, $237,443,000. 6 (19) For Overseas Humanitarian, Disaster, and 7 Civic Aid programs, $109,500,000. 8 (20) For Cooperative Threat Reduction pro- 9 grams, $528,455,000. 10 (21) For Overseas Contingency Operations 11 Transfer Fund, $5,000,000. 12 Subtitle B—Program Matters 13 SEC. 311. FIVE-YEAR REAUTHORIZATION OF VESSEL WAR 14 RISK INSURANCE PROGRAM. 15 Section 53912 of title 46, United States Code, is 16 amended by striking ‘‘December 31, 2015’’ and inserting 17 ‘‘December 31, 2020’’. 18 SEC. 312. REVISION TO REQUIREMENT FOR ANNUAL SUB- 19 MISSION OF INFORMATION REGARDING IN- 20 FORMATION TECHNOLOGY CAPITAL ASSETS. 21 Section 351(a)(1) of the Bob Stump National De- 22 fense Authorization Act for Fiscal Year 2003 (Public Law 23 107–314; 10 U.S.C. 221 note) is amended by striking ‘‘in 24 excess of $30,000,000’’ and all that follows and inserting 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 15 •HR 1960 IH ‘‘(as computed in fiscal year 2000 constant dollars) in ex- 1 cess of $32,000,000 or an estimated total cost for the fu- 2 ture-years defense program for which the budget is sub- 3 mitted (as computed in fiscal year 2000 constant dollars) 4 in excess of $378,000,000, for all expenditures, for all in- 5 crements, regardless of the appropriation and fund source, 6 directly related to the assets definition, design, develop- 7 ment, deployment, sustainment, and disposal.’’. 8 SEC. 313. AUTHORIZED EXPENSES IN CONNECTION WITH 9 HUMANITARIAN AND CIVIC ASSISTANCE AC- 10 TIVITIES PROVIDED IN CONJUNCTION WITH 11 MILITARY OPERATIONS. 12 (a) COVERAGE OF CERTAIN TRAVEL, TRANSPOR- 13 TATION, AND SUBSISTENCE EXPENSES.—Section 401(c) 14 of title 10, United States Code, is amended by inserting 15 after paragraph (1) the following new paragraph (2): 16 ‘‘(2) Expenses covered by paragraph (1) include trav- 17 el, transportation, and subsistence expenses of Depart- 18 ment of Defense personnel for purposes of evaluating the 19 scope of a humanitarian or civic assistance activity under 20 this section or conducting assessments of such activities, 21 except that the total value of such expenses incurred with 22 respect to any activity may not exceed 10 percent of the 23 activity value.’’. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 16 •HR 1960 IH (b) CLERICAL AMENDMENT.—Such section is further 1 amended by redesignating paragraph (4) as paragraph 2 (3). 3 TITLE IV—MILITARY 4 PERSONNEL AUTHORIZATIONS 5 Subtitle A—Active Forces 6 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 7 The Armed Forces are authorized strengths for active 8 duty personnel as of September 30, 2014, as follows: 9 (1) The Army, 520,000. 10 (2) The Navy, 323,600. 11 (3) The Marine Corps, 190,200. 12 (4) The Air Force, 327,600. 13 Subtitle B—Reserve Forces 14 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 15 (a) IN GENERAL.—The Armed Forces are authorized 16 strengths for Selected Reserve personnel of the reserve 17 components as of September 30, 2014, as follows: 18 (1) The Army National Guard of the United 19 States, 354,200. 20 (2) The Army Reserve, 205,000. 21 (3) The Navy Reserve, 59,100. 22 (4) The Marine Corps Reserve, 39,600. 23 (5) The Air National Guard of the United 24 States, 105,400. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 17 •HR 1960 IH (6) The Air Force Reserve, 70,400. 1 (7) The Coast Guard Reserve, 9,000. 2 (b) END STRENGTH REDUCTIONS.—The end 3 strengths prescribed by subsection (a) for the Selected Re- 4 serve of any reserve component shall be proportionately 5 reduced by— 6 (1) the total authorized strength of units orga- 7 nized to serve as units of the Selected Reserve of 8 such component which are on active duty (other 9 than for training) at the end of the fiscal year; and 10 (2) the total number of individual members not 11 in units organized to serve as units of the Selected 12 Reserve of such component who are on active duty 13 (other than for training or for unsatisfactory partici- 14 pation in training) without their consent at the end 15 of the fiscal year. 16 (c) END STRENGTH INCREASES.—Whenever units or 17 individual members of the Selected Reserve for any reserve 18 component are released from active duty during any fiscal 19 year, the end strength prescribed for such fiscal year for 20 the Selected Reserve of such reserve component shall be 21 increased proportionately by the total authorized strengths 22 of such units and by the total number of such individual 23 members. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 18 •HR 1960 IH SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 1 DUTY IN SUPPORT OF THE RESERVES. 2 Within the end strengths prescribed in section 3 411(a), the reserve components of the Armed Forces are 4 authorized, as of September 30, 2014, the following num- 5 ber of Reserves to be serving on full-time active duty or 6 full-time duty, in the case of members of the National 7 Guard, for the purpose of organizing, administering, re- 8 cruiting, instructing, or training the reserve components: 9 (1) The Army National Guard of the United 10 States, 32,060. 11 (2) The Army Reserve, 16,261. 12 (3) The Navy Reserve, 10,159. 13 (4) The Marine Corps Reserve, 2,261. 14 (5) The Air National Guard of the United 15 States, 14,734. 16 (6) The Air Force Reserve, 2,911. 17 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 18 (DUAL STATUS). 19 The minimum number of military technicians (dual 20 status) as of the last day of fiscal year 2014 for the re- 21 serve components of the Army and the Air Force (notwith- 22 standing section 129 of title 10, United States Code) shall 23 be the following: 24 (1) For the Army National Guard of the United 25 States, 27,210. 26 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 19 •HR 1960 IH (2) For the Army Reserve, 8,395. 1 (3) For the Air National Guard of the United 2 States, 21,875. 3 (4) For the Air Force Reserve, 10,429. 4 SEC. 414. FISCAL YEAR 2014 LIMITATION ON NUMBER OF 5 NON-DUAL STATUS TECHNICIANS. 6 (a) LIMITATIONS.— 7 (1) NATIONAL GUARD.—Within the limitation 8 provided in section 10217(c)(2) of title 10, United 9 States Code, the number of non-dual status techni- 10 cians employed by the National Guard as of Sep- 11 tember 30, 2014, may not exceed the following: 12 (A) For the Army National Guard of the 13 United States, 1,600. 14 (B) For the Air National Guard of the 15 United States, 350. 16 (2) ARMY RESERVE.—The number of non-dual 17 status technicians employed by the Army Reserve as 18 of September 30, 2014, may not exceed 595. 19 (3) AIR FORCE RESERVE.—The number of non- 20 dual status technicians employed by the Air Force 21 Reserve as of September 30, 2014, may not exceed 22 90. 23 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 24 this section, the term ‘‘non-dual status technician’’ has the 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 20 •HR 1960 IH meaning given that term in section 10217(a) of title 10, 1 United States Code. 2 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU- 3 THORIZED TO BE ON ACTIVE DUTY FOR 4 OPERATIONAL SUPPORT. 5 During fiscal year 2014, the maximum number of 6 members of the reserve components of the Armed Forces 7 who may be serving at any time on full-time operational 8 support duty under section 115(b) of title 10, United 9 States Code, is the following: 10 (1) The Army National Guard of the United 11 States, 17,000. 12 (2) The Army Reserve, 13,000. 13 (3) The Navy Reserve, 6,200. 14 (4) The Marine Corps Reserve, 3,000. 15 (5) The Air National Guard of the United 16 States, 16,000. 17 (6) The Air Force Reserve, 14,000. 18 Subtitle C—Authorization of 19 Appropriations 20 SEC. 421. MILITARY PERSONNEL. 21 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 22 hereby authorized to be appropriated for military per- 23 sonnel for fiscal year 2014 a total of $130,399,881,000. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 21 •HR 1960 IH (b) CONSTRUCTION OF AUTHORIZATION.—The au- 1 thorization of appropriations in subsection (a) supersedes 2 any other authorization of appropriations (definite or in- 3 definite) for such purpose for fiscal year 2014. 4 TITLE V—MILITARY PERSONNEL 5 AUTHORIZATIONS 6 Subtitle A—Officer Personnel 7 Policy 8 SEC. 501. INFORMATION TO BE PROVIDED TO BOARDS CON- 9 SIDERING OFFICERS FOR SELECTIVE EARLY 10 REMOVAL FROM THE RESERVE ACTIVE-STA- 11 TUS LIST. 12 Section 14704(a) of title 10, United States Code, is 13 amended— 14 (1) by inserting ‘‘(1)’’ after ‘‘ACTIVE-STATUS 15 LIST.—’’; 16 (2) by striking ‘‘all’’; 17 (3) by striking ‘‘, in the number specified by 18 the Secretary by each grade and competitive cat- 19 egory’’; and 20 (4) by adding at the end the following new 21 paragraphs: 22 ‘‘(2) The Secretary of the military department con- 23 cerned shall specify the number of officers described in 24 paragraph (1) that a selection board convened under sec- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 22 •HR 1960 IH tion 14101(b) of this title may recommend for removal 1 from the reserve active-status list. 2 ‘‘(3) When the Secretary of the military department 3 concerned submits a list of officers to a selection board 4 convened under section 14101(b) of this title to consider 5 officers for selection for removal from the reserve active- 6 status list under this section, such list (except as provided 7 in paragraph (4)) shall include each officer on the reserve 8 active-status list in the same grade and competitive cat- 9 egory whose position on the reserve active-status list is 10 between that of the most junior officer in that grade and 11 competitive category whose name is submitted to the 12 board and that of the most senior officer in that grade 13 and competitive category whose name is submitted to the 14 board. 15 ‘‘(4) A list under paragraph (3) may not include an 16 officer in that grade and competitive category who has 17 been approved for voluntary retirement or who is to be 18 involuntary retired under any provision of law during the 19 fiscal year in which the selection board is convened or dur- 20 ing the following fiscal year.’’. 21 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 23 •HR 1960 IH Subtitle B—Reserve Component 1 Management 2 SEC. 511. REMOVAL OF RESTRICTIONS ON THE TRANSFER 3 OF OFFICERS TO THE INACTIVE NATIONAL 4 GUARD. 5 (a) REMOVAL OF RESTRICTIONS.—Chapter 3 of title 6 32, United States Code, is amended by adding at the end 7 the following new section: 8 ‘‘§ 311. Active and inactive National Guard; transfer 9 of officers 10 ‘‘During the period ending on December 31, 2016, 11 nothing in this chapter shall prevent any of the following: 12 ‘‘(1) An officer of the Army National Guard 13 who fills a vacancy in a federally recognized unit of 14 the Army National Guard from being transferred 15 from the active Army National Guard to the inactive 16 Army National Guard. 17 ‘‘(2) An officer of the Air National Guard who 18 fills a vacancy in a federally recognized unit of the 19 Air National Guard from being transferred from the 20 active Air National Guard to the inactive Air Na- 21 tional Guard. 22 ‘‘(3) An officer of the Army National Guard 23 transferred to the inactive Army National Guard 24 from being transferred from the inactive Army Na- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 24 •HR 1960 IH tional Guard to the active Army National Guard to 1 fill a vacancy in a federally recognized unit. 2 ‘‘(4) An officer of the Air National Guard 3 transferred to the inactive Air National Guard from 4 being transferred from the inactive Air National 5 Guard to the active Air National Guard to fill a va- 6 cancy in a federally recognized unit.’’. 7 (b) CLERICAL AMENDMENT.—The table of sections 8 at the beginning of such chapter is amended by adding 9 at the end the following new item: 10 ‘‘311. Active and inactive National Guard; transfer of officers.’’. SEC. 512. PILOT PROGRAM TO ALLOW ESTABLISHMENT OF 11 ACTIVE STATUS AND INACTIVE STATUS LISTS 12 OF MEMBERS IN THE INACTIVE NATIONAL 13 GUARD. 14 (a) AUTHORITY TO MAINTAIN ACTIVE AND INACTIVE 15 STATUS LISTS IN THE INACTIVE NATIONAL GUARD.— 16 Section 303 of title 32, United States Code, is amended 17 by adding at the end the following new subsection: 18 ‘‘(d)(1) The Secretary of the Army and the Secretary 19 of the Air Force may maintain an active status list and 20 an inactive status list of members in the inactive Army 21 National Guard and the inactive Air National Guard, re- 22 spectively. 23 ‘‘(2) The total number of Army National Guard and 24 Air National Guard members, combined, on the active sta- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 25 •HR 1960 IH tus lists and the inactive status lists assigned to the inac- 1 tive National Guard may not exceed 10,000 during any 2 period. 3 ‘‘(3) The total number of Army National Guard and 4 Air National Guard members, combined, on the active sta- 5 tus lists of the inactive National Guard may not exceed 6 4,000 during any period. 7 ‘‘(4) The authority under this subsection expires at 8 the close of December 31, 2016.’’. 9 (b) TWO-WAY TRANSFERS OF MEMBERS FORMERLY 10 ENLISTED IN INACTIVE NATIONAL GUARD.—Subsection 11 (b) of such section is amended— 12 (1) by striking ‘‘Under such’’ at the beginning 13 of the first sentence and inserting ‘‘(1) Except as 14 provided in paragraph (2) and under such’’; 15 (2) by striking ‘‘Under such’’ at the beginning 16 of the second sentence and inserting ‘‘Except as pro- 17 vided in paragraph (2) and under such’’; and 18 (3) by adding at the end the following new 19 paragraph: 20 ‘‘(2) During the period beginning on the date of the 21 enactment of this paragraph and ending on December 31, 22 2016, an enlisted member of the active Army National 23 Guard may be transferred to the inactive Army National 24 Guard without regard to whether the member was for- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 26 •HR 1960 IH merly enlisted in the inactive Army National Guard and 1 an enlisted member of the active Air National Guard may 2 be transferred to the inactive Air National Guard without 3 regard to whether the member was formerly enlisted in 4 the inactive Air National Guard.’’. 5 (c) DEFINITION OF ‘‘ACTIVE STATUS’’.—Section 6 101(d)(4) of title 10, United States Code, is amended by 7 adding at the end the following new sentence: ‘‘However, 8 in the case of members of the Army National Guard of 9 the United States during any period during which there 10 is an inactive status list for the inactive Army National 11 Guard under section 303(d) of title 32, such term means 12 the status of such a member who is not assigned to the 13 inactive status list of the inactive Army National Guard, 14 on another inactive status list, or in the Retired Reserve, 15 and in the case of members of the Air National Guard 16 of the United States during any period during which there 17 is an inactive status list for the inactive Air National 18 Guard under section 303(d) of title 32, such term means 19 the status of such a member who is not assigned to the 20 inactive status list of the inactive Air National Guard, on 21 another inactive status list, or in the Retired Reserve.’’. 22 (d) MEMBERS IN INACTIVE STATUS; TRAINING CAT- 23 EGORIES.—Section 10141 of such title is amended by add- 24 ing at the end the following new subsection: 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 27 •HR 1960 IH ‘‘(d)(1) During any period during which there is an 1 inactive status list for the inactive Army National Guard 2 under section 303(d) of title 32— 3 ‘‘(A) the first sentence of subsection (b) shall 4 apply only with respect to Reserves assigned to the 5 inactive Army National Guard who are assigned to 6 the inactive status list; and 7 ‘‘(B) the exclusion of the Army National Guard 8 of the United States under the first sentence of sub- 9 section (c) shall be inapplicable. 10 ‘‘(2) During any period during which there is an inac- 11 tive status list for the inactive Air National Guard under 12 section 303(d) of title 32— 13 ‘‘(A) the first sentence of subsection (b) shall 14 apply only with respect to Reserves assigned to the 15 inactive Air National Guard who are assigned to the 16 inactive status list; and 17 ‘‘(B) the exclusion of the Air National Guard of 18 the United States under the first sentence of sub- 19 section (c) shall be inapplicable.’’. 20 (e) COMPUTATION OF YEARS OF SERVICE FOR ENTI- 21 TLEMENT TO RETIRED PAY.—Paragraph (3) of section 22 12732(b) of such title is amended to read as follows: 23 ‘‘(3) Service in the inactive National Guard (for 24 any period other than a period during which there 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 28 •HR 1960 IH is an inactive status list for the inactive National 1 Guard under section 303(d) of title 32) and service 2 while assigned to the inactive status list of the inac- 3 tive National Guard (for any period during which 4 there is an inactive status list for the inactive Na- 5 tional Guard under section 303(d) of title 32).’’. 6 (f) ELIGIBILITY FOR INACTIVE-DUTY TRAINING 7 PAY.—Section 206(c) of title 37, United States Code, is 8 amended by adding at the end the following new sentence: 9 ‘‘However, with respect to any period during which there 10 is an inactive status list for the inactive National Guard 11 under section 303(d) of title 32, the limitation in the pre- 12 ceding sentence shall be applicable to persons assigned to 13 the inactive status list of the inactive National Guard, 14 rather than to persons enlisted in the inactive National 15 Guard.’’. 16 (g) EVALUATION OF THE PILOT PROGRAM.—By the 17 end of the pilot period, the Department of Defense shall 18 commission an independent study evaluating the effective- 19 ness of using the active status Inactive National Guard 20 to improve the readiness of the Army National Guard. The 21 study should include, for each year of the pilot, informa- 22 tion on— 23 (1) how many personnel were transferred to the 24 active status Inactive National Guard; 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 29 •HR 1960 IH (2) how many of these vacancies were filled 1 with personnel new to the Army National Guard; 2 (3) the additional cost of filling these positions; 3 and 4 (4) impact on drill and annual training partici- 5 pation rates. 6 The study also should assess the impact on medical readi- 7 ness category 3B personnel transferred to the active sta- 8 tus Inactive National Guard, including how long it took 9 them to complete the Integrated Disability Evaluation 10 System (IDES) process, and how satisfied they were with 11 their unit’s management and collaboration during the 12 IDES process. 13 SEC. 513. FORUM FOR PROCESSING OF COMPLAINTS OF 14 WRONGFUL DISCRIMINATION BY NATIONAL 15 GUARD MILITARY TECHNICIANS (DUAL STA- 16 TUS). 17 (a) IN GENERAL.—Section 709 of title 32, United 18 States Code, is amended by adding at the end the fol- 19 lowing new subsection: 20 ‘‘(j) A complaint of wrongful discrimination by a per- 21 son employed under subsection (a) who is a military tech- 22 nician (dual status) and otherwise subject to the require- 23 ments of subsection (b) shall be considered a complaint 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 30 •HR 1960 IH of wrongful discrimination by a member of the armed 1 forces.’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 subsection (a) shall apply with respect to a complaint of 4 wrongful discrimination initiated on or after the date of 5 the enactment of this Act. 6 Subtitle C—Education and 7 Training 8 SEC. 521. EXTENSION OF EDUCATIONAL ASSISTANCE FOR 9 MEMBERS OF THE SELECTIVE RESERVE WHO 10 ARE INVOLUNTARILY SEPARATED. 11 (a) PRESERVATION OF EDUCATIONAL ASSISTANCE 12 ENTITLEMENT FOR CERTAIN FORMER MEMBERS OF THE 13 SELECTED RESERVE.— 14 (1) EXTENSION.—Paragraph (1)(B) of section 15 16133(b) of title 10, United States Code, is amend- 16 ed by striking ‘‘September 30, 2014’’ and inserting 17 ‘‘December 31, 2018’’. 18 (2) CROSS-REFERENCE AMENDMENTS TO RE- 19 FLECT PRIOR AMENDMENT.—Such section is further 20 amended by striking ‘‘clause (2) of’’ in paragraphs 21 (1) and (4)(B). 22 (b) BASIC EDUCATIONAL ASSISTANCE ENTITLEMENT 23 FOR SERVICE IN THE SELECTIVE RESERVE.—Subpara- 24 graph (B)(iii) of section 3012(b)(1) of title 38, United 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 31 •HR 1960 IH States Code, is amended by inserting ‘‘or the period begin- 1 ning on October 1, 2013, and ending on December 31, 2 2018,’’ after ‘‘September 30, 1999,’’. 3 SEC. 522. AUTHORITY FOR JOINT PROFESSIONAL MILITARY 4 EDUCATION PHASE II INSTRUCTION AND 5 CREDIT TO BE OFFERED AND AWARDED 6 THROUGH THE SENIOR LEVEL COURSE OF 7 THE SCHOOL OF ADVANCED MILITARY STUD- 8 IES OF THE UNITED STATES ARMY COMMAND 9 AND GENERAL STAFF COLLEGE. 10 Section 2151(b) of title 10, United States Code, is 11 amended— 12 (1) by adding at the end of paragraph (1) the 13 following new subparagraph: 14 ‘‘(E) The senior-level course of the School 15 of Advanced Military Studies of the United 16 States Army Command and General Staff Col- 17 lege.’’. 18 (2) in paragraph (2)(A), by inserting before the 19 period at the end the following: ‘‘(other than with 20 respect to the course specified in paragraph 21 (1)(E))’’. 22 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 32 •HR 1960 IH Subtitle D—Administrative 1 Procedure 2 SEC. 531. PROCEDURES FOR JUDICIAL REVIEW OF MILI- 3 TARY PERSONNEL DECISIONS RELATING TO 4 CORRECTION OF MILITARY RECORDS. 5 (a) JUDICIAL REVIEW.— 6 (1) IN GENERAL.—Chapter 79 of title 10, 7 United States Code, is amended by adding at the 8 end the following new section: 9 ‘‘§ 1560. Judicial review of decisions relating to cor- 10 rection of military records 11 ‘‘(a) AVAILABILITY OF JUDICIAL REVIEW.— 12 ‘‘(1) IN GENERAL.—Any person adversely af- 13 fected by a records correction final decision may ob- 14 tain judicial review of the decision in a court with 15 jurisdiction to hear the matter. 16 ‘‘(2) RECORDS CORRECTION FINAL DECISION 17 DEFINED.—In this section, the term ‘records correc- 18 tion final decision’ means any of the following: 19 ‘‘(A) A final decision issued by the Sec- 20 retary concerned pursuant to section 1552 of 21 this title. 22 ‘‘(B) A final decision issued by the Sec- 23 retary of a military department or the Sec- 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 33 •HR 1960 IH retary of Homeland Security pursuant to sec- 1 tion 1034(f) of this title. 2 ‘‘(C) A final decision issued by the Sec- 3 retary of Defense pursuant to section 1034(g) 4 of this title. 5 ‘‘(b) MATTERS MUST BE JUSTICIABLE.—Notwith- 6 standing subsection (a), a court in which judicial review 7 of a records correction final decision is sought does not 8 have jurisdiction to review any matter or issue raised in 9 a petition of review that is not justiciable. 10 ‘‘(c) EXHAUSTION OF ADMINISTRATIVE REM- 11 EDIES.— 12 ‘‘(1) GENERAL RULE.—Except as provided in 13 paragraph (3), judicial review of a matter that could 14 be subject to correction under a provision of law 15 specified in subsection (a)(2) in a case arising after 16 the date of the enactment of this section may not be 17 obtained under this section or any other provision of 18 law unless— 19 ‘‘(A) the petitioner has requested a correc- 20 tion under section 1552 of this title (including 21 such a request in a matter arising under section 22 1034 of this title); and 23 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 34 •HR 1960 IH ‘‘(B) the Secretary concerned has rendered 1 a final decision denying that correction in whole 2 or in part. 3 ‘‘(2) WHISTLEBLOWER CASES.—In a case aris- 4 ing after the date of the enactment of this section 5 in which the final decision of the Secretary con- 6 cerned is subject to review by the Secretary of De- 7 fense under section 1034(g) of this title, the peti- 8 tioner is not required to seek such review before ob- 9 taining judicial review, but if the petitioner seeks 10 such review, judicial review may not be sought until 11 the Secretary of Defense has made a decision in the 12 matter or the end of the period specified in that sec- 13 tion for the Secretary to make such a decision, 14 whichever occurs first. 15 ‘‘(3) CLASS ACTIONS.—In the case of a matter 16 subject to correction under a provision of law speci- 17 fied in subsection (a)(2) in a case arising after the 18 date of the enactment of this section in which judi- 19 cial review is not precluded by reason of paragraph 20 (1) or (2), if judicial review of a records correction 21 final decision of the matter is sought and if the peti- 22 tioner for judicial review also seeks to bring a class 23 action with respect to a matter for which the peti- 24 tioner requested a correction under section 1552 of 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 35 •HR 1960 IH this title (including such a request in a matter aris- 1 ing under section 1034 of this title) and if the court 2 issues an order certifying a class in the case, the 3 limitations of paragraphs (1) and (2) shall be inap- 4 plicable to any member of the class (other than the 5 petitioner) with respect to any matter covered by a 6 claim for which the class is certified. 7 ‘‘(d) STATUTES OF LIMITATION.— 8 ‘‘(1) TWO YEARS FROM FINAL DECISION.—In 9 the case of a records correction final decision that 10 is issued on or after the date of the enactment of 11 this section, such decision is not subject to judicial 12 review under this section or otherwise subject to re- 13 view in any court unless petition for such review is 14 filed in a court not later than two years after the 15 date of the final decision other than in a matter to 16 which paragraph (2) applies. 17 ‘‘(2) SIX YEARS FOR CERTAIN CLAIMS THAT 18 MAY RESULT IN PAYMENT OF MONEY.—(A) In the 19 case of a records correction final decision that is 20 issued on or after the date of the enactment of this 21 section and which is described in subparagraph (B), 22 such decision (or the portion of such decision de- 23 scribed in such subparagraph) is not subject to judi- 24 cial review under this section or otherwise subject to 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 36 •HR 1960 IH review in any court unless petition for such review 1 is filed in a court not later than six years after the 2 date of discharge, retirement, release from active 3 duty, or death while on active duty of the person 4 whose military records are the subject of the correc- 5 tion request. There shall be excluded from the com- 6 putation of such six-year period the period (i) begin- 7 ning on the date of the filing with the Secretary of 8 a request for correction of military records leading 9 to the records correction final decision, and (ii) end- 10 ing on the date of such decision. 11 ‘‘(B) A records correction final decision is de- 12 scribed in this subparagraph to the extent that the 13 decision, or portion of the decision, is a denial of a 14 claim that, if relief were to be granted by the court, 15 would support, or result in, the payment of money, 16 other than payments made under chapter 73 of this 17 title, either under a court order or under a subse- 18 quent administrative determination. 19 ‘‘(e) SOLE BASIS FOR JUDICIAL REVIEW.—In the 20 case of a cause of action arising after the date of the en- 21 actment of this section, no court shall have jurisdiction 22 to review any matter subject to correction under a provi- 23 sion of law specified in subsection (a)(2) except as pro- 24 vided in this section. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 37 •HR 1960 IH ‘‘(f) HABEAS CORPUS.—This section does not affect 1 any cause of action arising under chapter 153 of title 28.’’. 2 (2) CLERICAL AMENDMENT.—The table of sec- 3 tions at the beginning of such chapter is amended 4 by adding at the end the following new item: 5 ‘‘1560. Judicial review of decisions.’’. (b) EFFECT OF DENIAL OF REQUEST FOR CORREC- 6 TION OF RECORDS WHEN PROHIBITED PERSONNEL AC- 7 TION ALLEGED.— 8 (1) NOTICE OF DENIAL; PROCEDURES FOR JU- 9 DICIAL REVIEW.—Subsection (f) of section 1034 of 10 such title is amended by adding at the end the fol- 11 lowing new paragraph: 12 ‘‘(7) In any case in which the final decision of the 13 Secretary concerned results in denial, in whole or in part, 14 of any requested correction of the record of the member 15 or former member, the Secretary concerned shall provide 16 the member or former member a concise written statement 17 of the basis for the decision and a notification of the avail- 18 ability of judicial review of the decision pursuant to section 19 1560 of this title and the time for obtaining such review.’’. 20 (2) SECRETARY OF DEFENSE REVIEW; NOTICE 21 OF DENIAL.—Subsection (g) of such section is 22 amended— 23 (A) by inserting ‘‘(1)’’ before ‘‘Upon the 24 completion of all’’; and 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 38 •HR 1960 IH (B) by adding at the end the following new 1 paragraph: 2 ‘‘(2) The submittal of a matter to the Secretary of 3 Defense by the member or former member under para- 4 graph (1) must be made within 90 days of the receipt by 5 the member or former member of the final decision of the 6 Secretary of the military department concerned in the 7 matter. In any case in which the final decision of the Sec- 8 retary of Defense results in denial, in whole or in part, 9 of any requested correction of the record of the member 10 or former member, the Secretary of Defense shall provide 11 the member or former member a concise written statement 12 of the basis for the decision and a notification of the avail- 13 ability of judicial review of the decision pursuant to section 14 1560 of this title and the time for obtaining such review.’’. 15 (3) SOLE BASIS FOR JUDICIAL REVIEW.—Such 16 section is further amended— 17 (A) by redesignating subsections (h) and 18 (i) as subsections (i) and (j), respectively; and 19 (B) by inserting after subsection (g) the 20 following new subsection (h): 21 ‘‘(h) JUDICIAL REVIEW.— 22 ‘‘(1) A decision of the Secretary of Defense 23 under subsection (g) shall be subject to judicial re- 24 view only as provided in section 1560 of this title. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 39 •HR 1960 IH ‘‘(2) In a case in which review by the Secretary 1 of Defense under subsection (g) was not sought, a 2 decision of the Secretary of a military department 3 under subsection (f) shall be subject to judicial re- 4 view only as provided in section 1560 of this title. 5 ‘‘(3) A decision by the Secretary of Homeland 6 Security under subsection (f) shall be subject to ju- 7 dicial review only as provided in section 1560 of this 8 title.’’. 9 (c) EFFECT OF DENIAL OF OTHER REQUESTS FOR 10 CORRECTION OF MILITARY RECORDS.—Section 1552 of 11 such title is amended by adding at the end the following 12 new subsections: 13 ‘‘(h) In any case in which the final decision of the 14 Secretary concerned results in denial, in whole or in part, 15 of any requested correction, the Secretary concerned shall 16 provide the claimant a concise written statement of the 17 basis for the decision and a notification of the availability 18 of judicial review of the decision pursuant to section 1560 19 of this title and the time for obtaining such review. 20 ‘‘(i) A decision by the Secretary concerned under this 21 section shall be subject to judicial review only as provided 22 in section 1560 of this title.’’. 23 (d) EFFECTIVE DATE AND RETROACTIVE APPLICA- 24 TION.— 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 40 •HR 1960 IH (1) EFFECTIVE DATE.—The amendments made 1 by this section shall take effect one year after the 2 date of the enactment of this Act. 3 (2) RETROACTIVE APPLICATION.—The amend- 4 ments made by this section shall apply to all final 5 decisions of the Secretary of Defense under section 6 1034(g) of title 10, United States Code, and of the 7 Secretary of a military department and the Sec- 8 retary of Homeland Security under sections 1034(f) 9 or 1552 of such title, whether rendered before, on, 10 or after the date of the enactment of this Act. 11 (3) TRANSITION.—During the period between 12 the date of the enactment of this Act and the effec- 13 tive date specified in paragraph (1), in any case in 14 which the final decision of the Secretary of Defense 15 under section 1034(g) of title 10, United States 16 Code, or the Secretary concerned under sections 17 1034(f) or 1552 of title 10, United States Code, re- 18 sults in denial, in whole or in part, of any requested 19 correction of the record of a member or former 20 member of the Armed Forces or the record of a 21 claimant under such section 1552, the individual 22 shall be informed in writing of the time for obtaining 23 review of the decision pursuant to section 1560 of 24 such title, as added by subsection (a). 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 41 •HR 1960 IH (e) IMPLEMENTATION.—The Secretaries concerned 1 (as defined in section 101(a)(9) of title 10, United States 2 Code) may prescribe appropriate regulations, and interim 3 guidance before prescribing such regulations, to imple- 4 ment the amendments made by this section. In the case 5 of the Secretary of a military department, such regulations 6 may not take effect until approved by the Secretary of De- 7 fense. 8 (f) CONSTRUCTION.—This section and the amend- 9 ments made by this section do not affect the authority 10 of any court to exercise jurisdiction over any case that was 11 properly before the court before the effective date specified 12 in subsection (d)(1). 13 Subtitle E—Decorations and 14 Awards 15 SEC. 541. REPEAL OF LIMITATION ON NUMBER OF MEDALS 16 OF HONOR THAT MAY BE AWARDED TO A 17 MEMBER OF THE ARMED FORCES. 18 (a) ARMY.—Section 3744 (a) of title 10, United 19 States Code, is amended by striking ‘‘medal of honor,’’. 20 (b) NAVY AND MARINE CORPS.—Section 6247 of title 21 10, United States Code, is amended by striking ‘‘medal 22 of honor,’’. 23 (c) AIR FORCE.—Section 8744(a) of title 10, United 24 States Code, is amended by striking ‘‘medal of honor,’’. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 42 •HR 1960 IH (d) COAST GUARD.—Section 494 of title 14, United 1 States Code, is amended by striking ‘‘medal of honor,’’ 2 both places it appears. 3 SEC. 542. STANDARDIZATION OF TIME-LIMITS FOR RECOM- 4 MENDING AND AWARDING A MEDAL OF 5 HONOR, SERVICE CROSS, OR DISTINGUISHED- 6 SERVICE MEDAL ACROSS THE ARMED 7 FORCES. 8 (a) ARMY.—Section 3744(b) of title 10, United 9 States Code, is amended— 10 (1) in paragraph (1), by striking ‘‘three years’’ 11 and inserting ‘‘five years’’; and 12 (2) in paragraph (2), by striking ‘‘two years’’ 13 and inserting ‘‘three years’’. 14 (b) AIR FORCE.—Section 8744(b) of such title is 15 amended— 16 (1) in paragraph (1), by striking ‘‘three years’’ 17 and inserting ‘‘five years’’; and 18 (2) in paragraph (2), by striking ‘‘two years’’ 19 and inserting ‘‘three years’’. 20 SEC. 543. RECODIFICATION AND REVISION OF ARMY, NAVY, 21 AIR FORCE, AND COAST GUARD MEDAL OF 22 HONOR ROLL. 23 (a) AUTOMATIC ENROLLMENT AND FURNISHING OF 24 CERTIFICATE.— 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 43 •HR 1960 IH (1) IN GENERAL.—Chapter 57 of title 10, 1 United States Code, is amended by adding at the 2 end the following new section: 3 ‘‘§ 1136. Army, Navy, Air Force, and Coast Guard 4 Medal of Honor Roll 5 ‘‘(a) ESTABLISHMENT.—There shall be in the De- 6 partment of the Army, the Department of the Navy, the 7 Department of the Air Force, and the Department of 8 Homeland Security, respectively, a roll designated as the 9 ‘Army, Navy, Air Force, and Coast Guard Medal of Honor 10 Roll’. 11 ‘‘(b) ENROLLMENT.—The Secretary concerned shall 12 enter and record on such roll the name of each person 13 who has served on active duty in the armed forces and 14 who has been awarded a medal of honor pursuant to sec- 15 tion 3741, 6241, or 8741 of this title or section 491 of 16 title 14. 17 ‘‘(c) CERTIFICATE.— 18 ‘‘(1) IN GENERAL.—Each living person whose 19 name is entered on the Army, Navy, Air Force, and 20 Coast Guard Medal of Honor Roll shall be furnished 21 a certificate of enrollment on such roll. 22 ‘‘(2) ENTITLEMENT TO SPECIAL PENSION.— 23 The Secretary concerned shall deliver to the Sec- 24 retary of Veterans Affairs a certified copy of each 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 44 •HR 1960 IH certificate of enrollment issued under paragraph (1). 1 Such copy shall authorize the Secretary of Veterans 2 Affairs to pay the special pension provided by sec- 3 tion 1562 of title 38 to the person named in the cer- 4 tificate.’’. 5 (2) CLERICAL AMENDMENT.—The table of sec- 6 tions at the beginning of such chapter of title 10 is 7 amended by adding at the end the following new 8 item: 9 ‘‘1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll.’’. (b) SPECIAL PENSION.— 10 (1) AUTOMATIC ENTITLEMENT.—Section 11 1562(a) of title 38, United States Code, is amend- 12 ed— 13 (A) by inserting ‘‘living’’ after ‘‘each’’; 14 (B) by striking ‘‘subsection (c) of section 15 1561 of this title’’ and inserting ‘‘subsection 16 (c)(2) of section 1136 of title 10’’; and 17 (C) by striking ‘‘application therefor under 18 section 1560 of this title’’ and inserting ‘‘such 19 person’s name is entered on the Army, Navy, 20 Air Force, and Coast Guard Medal of Honor 21 Roll under section 1136(b) of title 10’’. 22 (2) ELECTION TO DECLINE SPECIAL PEN- 23 SION.—Section 1562 of such title is further amend- 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 45 •HR 1960 IH ed by adding at the end the following new sub- 1 section: 2 ‘‘(g)(1) A person who is entitled to a special pension 3 under subsection (a) may elect not to receive such special 4 pension by notifying the Secretary of such election in writ- 5 ing. 6 ‘‘(2) The Secretary, upon receipt of such election, 7 shall cease payments of the special pension to such per- 8 son.’’. 9 (3) TECHNICAL AMENDMENT.—Section 1562(a) 10 of such title is further amended by striking ‘‘roll’’ 11 and inserting ‘‘Roll’’. 12 (c) CONFORMING AMENDMENTS.— 13 (1) REPEAL OF RECODIFIED PROVISIONS.—Sec- 14 tions 1560 and 1561 of title 38, United States Code, 15 are repealed. 16 (2) CLERICAL AMENDMENTS.—The table of sec- 17 tions at the beginning of chapter 15 of such title is 18 amended, by striking the items relating to sections 19 1560 and 1561. 20 (d) EFFECTIVE DATE.—The amendments made by 21 this section shall be effective with respect to medals of 22 honor awarded on or after the date of the enactment of 23 this Act. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 46 •HR 1960 IH Subtitle F—Other Matters 1 SEC. 551. AUTHORITY TO PROVIDE CERTAIN EXPENSES 2 FOR CARE AND DISPOSITION OF HUMAN RE- 3 MAINS THAT WERE RETAINED BY THE DE- 4 PARTMENT OF DEFENSE FOR FORENSIC PA- 5 THOLOGY INVESTIGATION. 6 (a) DISPOSITION OF REMAINS OF PERSONS WHOSE 7 DEATH IS INVESTIGATED BY THE ARMED FORCES MED- 8 ICAL EXAMINER.— 9 (1) COVERED DECEDENTS.—Section 1481(a) of 10 title 10, United States Code, is amended by adding 11 at the end the following new paragraph: 12 ‘‘(10) To the extent authorized under section 13 1482(g) of this title, any person not otherwise cov- 14 ered by the preceding paragraphs whose remains (or 15 partial remains) have been retained by the Secretary 16 concerned for purposes of a forensic pathology inves- 17 tigation by the Armed Forces Medical Examiner 18 under section 1471 of this title.’’. 19 (2) AUTHORIZED EXPENSES RELATING TO 20 CARE AND DISPOSITION OF REMAINS.—Section 1482 21 of such title is amended by adding at the end the 22 following new subsection: 23 ‘‘(g)(1) The payment of expenses incident to the re- 24 covery, care, and disposition of the remains of a decedent 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 47 •HR 1960 IH covered by section 1481(a)(10) of this title is limited to 1 those expenses that, as determined under regulations pre- 2 scribed by the Secretary of Defense, would not have been 3 incurred but for the retention of those remains for pur- 4 poses of a forensic pathology investigation by the Armed 5 Forces Medical Examiner under section 1471 of this title. 6 The Secretary concerned shall pay all other expenses au- 7 thorized to be paid under this section only on a reimburs- 8 able basis. Amounts reimbursed to the Secretary con- 9 cerned under this subsection shall be credited to appro- 10 priations available at the time of reimbursement for the 11 payment of such expenses. 12 ‘‘(2) In a case covered by paragraph (1), if the person 13 designated under subsection (c) to direct disposition of the 14 remains of a decedent does not direct disposition of the 15 remains that were retained for the forensic pathology in- 16 vestigation, the Secretary may pay for the transportation 17 of those remains to, and interment or inurnment of those 18 remains in, an appropriate place selected by the Secretary, 19 in lieu of the transportation authorized to be paid under 20 paragraph (8) of subsection (a). 21 ‘‘(3) In a case covered by paragraph (1), expenses 22 that may be paid do not include expenses with respect to 23 an escort under paragraph (8) of subsection (a), whether 24 or not on a reimbursable basis.’’. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 48 •HR 1960 IH (b) CLARIFICATION OF COVERAGE OF INURNMENT.— 1 Section 1482(a)(9) of such title is amended by inserting 2 ‘‘or inurnment’’ after ‘‘interment’’. 3 (c) TECHNICAL AMENDMENT.—Section 1482(f) of 4 such title is amended in the third sentence by striking 5 ‘‘subsection’’ and inserting ‘‘section’’. 6 SEC. 552. EXPANSION OF PRIVILEGED INFORMATION PRO- 7 VISION TO DEBRIEFING REPORTS OF CER- 8 TAIN RECOVERED PERSONS WHO WERE 9 NEVER PLACED IN A MISSING STATUS. 10 (a) PERSONNEL FILES.—Section 1506 of title 10, 11 United States Code is amended— 12 (1) in subsection (d)— 13 (A) by redesignating paragraphs (2) and 14 (3) as paragraphs (3) and (4), respectively; and 15 (B) by inserting after paragraph (1) the 16 following new paragraph (2): 17 ‘‘(2) The Secretary concerned shall withhold from 18 personnel files under this section, as privileged informa- 19 tion, any survival, evasion, resistance and escape debrief- 20 ing report provided by a person described in section 21 1501(c) of this title who is returned to United States con- 22 trol which is obtained under a promise of confidentiality 23 made for the purpose of ensuring the fullest possible dis- 24 closure of information.’’. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 49 •HR 1960 IH (2) in subsection (f), by striking ‘‘paragraphs 1 (2) and (3)’’ and inserting ‘‘paragraphs (3) and 2 (4)’’. 3 (b) DEFINITION.—Section 1513 of such title is 4 amended by adding at the end the following new para- 5 graph: 6 ‘‘(9) The term ‘survival, evasion, resistance, 7 and escape debrief’ means an interview conducted 8 with a person described in section 1501(c) of this 9 title who is returned to United States control in 10 order to record the person’s experiences while sur- 11 viving, evading, resisting interrogation or exploi- 12 tation, or escaping.’’. 13 SEC. 553. ADDITIONAL REQUIREMENTS FOR ACCOUNTING 14 FOR MEMBERS OF THE ARMED FORCES AND 15 DEPARTMENT OF DEFENSE CIVILIAN EM- 16 PLOYEES LISTED AS MISSING. 17 Section 1501(a)(1) of title 10, United States Code, 18 is amended— 19 (1) by striking ‘‘and’’ at the end of subpara- 20 graph (B); 21 (2) by striking the period at the end of sub- 22 paragraph (C) and inserting ‘‘; and’’; and 23 (3) by adding at the end the following new sub- 24 paragraph: 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 50 •HR 1960 IH ‘‘(D) coordination of periodic briefing of fami- 1 lies of missing persons about the efforts of the De- 2 partment of Defense to account for those persons.’’. 3 SEC. 554. FAMILY SUPPORT PROGRAMS FOR IMMEDIATE 4 FAMILY MEMBERS OF SPECIAL OPERATIONS 5 FORCES MEMBERS. 6 (a) CHAPLAIN-LED PROGRAMS.—The Commander of 7 the United States Special Operations Command may pro- 8 vide support services described in section 1789(b) of title 9 10, United States Code, to support the immediate family 10 members (as defined in section 1789(c) of such title) of 11 members of the Armed Forces assigned to special oper- 12 ations forces (as defined in section 167(i) of such title) 13 if the Commander determines— 14 (1) that there is a direct and concrete relation- 15 ship between— 16 (A) chaplain-led programs authorized in 17 section 1789 of such title, and 18 (B) the readiness of special operations 19 forces; and 20 (2) that such support is not being provided to 21 those family members by the Secretary of a military 22 department. 23 (b) ADDITIONAL AUTHORITY.—The Commander of 24 the United States Special Operations Command may ex- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 51 •HR 1960 IH pend up to $10,000,000 during any fiscal year during 1 which this subsection is in effect to provide support serv- 2 ices described in section 1789(b) of title 10, United States 3 Code, to support family programs directed by medical per- 4 sonnel, behavior health professionals, and family readiness 5 professionals of the Department of Defense to build and 6 maintain the resiliency of members of the Armed Forces 7 assigned to special operations forces (as defined in section 8 167(i) of such title) and their immediate family members 9 (as defined in section 1789(c) of such title). 10 (c) PERIOD OF AUTHORITY.—The authority under 11 this section is in effect during each of fiscal years 2014 12 through 2016. 13 TITLE VI—COMPENSATION AND 14 OTHER PERSONNEL BENEFITS 15 Subtitle A—Pay and Allowances 16 SEC. 601. INCREASE IN MILITARY BASIC PAY FOR FISCAL 17 YEAR 2014. 18 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 19 adjustment to become effective during fiscal year 2014 re- 20 quired by section 1009 of title 37, United States Code, 21 in the rates of monthly basic pay authorized members of 22 the uniformed services shall not be made. 23 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 52 •HR 1960 IH (b) INCREASE IN BASIC PAY.—Effective on January 1 1, 2014, the rates of monthly basic pay for members of 2 the uniformed services are increased by 1.0 percent. 3 SEC. 602. EXTENSION OF TEMPORARY ARMY AUTHORITY 4 TO PROVIDE ADDITIONAL RECRUITMENT IN- 5 CENTIVES. 6 Subsection (i)(1) of section 681 of the National De- 7 fense Authorization Act for Fiscal Year 2006 (Public Law 8 109–163; 10 U.S.C. 503 note) is amended by striking 9 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 10 2015’’. 11 Subtitle B—Disability, Retired Pay, 12 and Survivor Benefits 13 SEC. 621. OVERPAYMENTS OF DIVISION OF PAY AS A RE- 14 SULT OF RETROACTIVE CHANGE IN DISPOS- 15 ABLE RETIRED PAY. 16 (a) AMENDMENT.—Section 1414(d) of title 10, 17 United States Code, is amended by adding at the end the 18 following new paragraph: 19 ‘‘(3)(A) An election by a member to change 20 from receipt of retired pay in accordance with this 21 section to receipt of special compensation in accord- 22 ance with section 1413a of this title pursuant to 23 paragraph (2), shall not affect payments made be- 24 fore the date of such election to the member’s 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 53 •HR 1960 IH spouse or former spouse pursuant to section 1408 of 1 this title, of disposable retired pay that a court 2 treated as property for the purpose of issuing a final 3 decree of divorce, dissolution, annulment, or legal 4 separation, including a court ordered, ratified, or ap- 5 proved property settlement incident to such decree. 6 ‘‘(B) In this paragraph: 7 ‘‘(i) The term ‘court’ has the meaning 8 given such term in section 1408(a)(1) of this 9 title. 10 ‘‘(ii) The term ‘disposable retired pay’ has 11 the meaning given such term in section 12 1408(a)(4) of this title. 13 ‘‘(iii) The term ‘final decree’ has the mean- 14 ing given such term in section 1408(a)(3) of 15 this title. 16 ‘‘(iv) The term ‘member’ has the meaning 17 given such term in section 1408(a)(5) of this 18 title. 19 ‘‘(v) The term ‘spouse or former spouse’ 20 has the meaning given such term in section 21 1408(a)(6) of this title.’’. 22 (b) APPLICABILITY.—Paragraph (3) of section 23 1414(d) of title 10, United States Code, as added by sub- 24 section (a), shall apply with respect to payments made 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 54 •HR 1960 IH under section 1408 of title 10, United States Code, on 1 or after the date of the enactment of this Act. 2 TITLE VII—HEALTH CARE 3 PROVISIONS 4 SEC. 701. REVISIONS TO TRICARE COST SHARING REQUIRE- 5 MENTS. 6 (a) TRICARE PRIME ENROLLMENT FEES.—Section 7 1097 of title 10, United States Code, is amended— 8 (1) in subsection (e)— 9 (A) by striking ‘‘(1)’’ before ‘‘The Sec- 10 retary’’; and 11 (B) by striking paragraph (2); and 12 (2) by adding at the end the following new sub- 13 section: 14 ‘‘(f) ENROLLMENT FEES.— 15 ‘‘(1) AMOUNT.—Beginning January 1, 2014, 16 the enrollment fee described in subsection (e) for a 17 covered beneficiary shall be an amount (rounded to 18 the nearest dollar) equal to the applicable percentage 19 (specified in paragraph (2)) of the retired pay of the 20 member or former member upon whom the covered 21 beneficiary’s eligibility is based, except that the 22 amount of such enrollment fee shall not be in excess 23 of the applicable maximum enrollment fee nor less 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 55 •HR 1960 IH than the applicable minimum enrollment fee speci- 1 fied in paragraph (3). 2 ‘‘(2) PERCENTAGE OF RETIRED PAY.—The ap- 3 plicable percentage of retired pay shall be deter- 4 mined in accordance with the following table: 5 ‘‘For: The applicable percent- age for a family group of two or more persons is: The applicable percent- age for an individual is: 2014 2.95% 1.475% 2015 3.30% 1.650% 2016 3.65% 1.825% 2017 and after 4.00% 2.000%. ‘‘(3) MAXIMUM AND MINIMUM ENROLLMENT 6 FEES.— 7 ‘‘(A) BEFORE 2018.— 8 ‘‘(i) FAMILY GROUPS.—For the years 9 2014 through 2017, the applicable max- 10 imum and minimum enrollment fees for a 11 family group of two or more persons shall 12 be determined in accordance with the fol- 13 lowing table: 14 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 56 •HR 1960 IH ‘‘For: The applica- ble min- imum en- rollment fee is: The applicable max- imum 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 applica- ble max- imum en- rollment 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 1 maximum and minimum enrollment fees 2 for an individual shall be one-half the cor- 3 responding maximum and minimum enroll- 4 ment fees for a family group of two or 5 more persons (as specified in clause (i)). 6 ‘‘(B) AFTER 2017.—For any year after 7 2017, the applicable maximum and minimum 8 enrollment fees shall be equal to the maximum 9 and minimum enrollment fees for the previous 10 year increased by the percentage by which re- 11 tired pay is increased under section 1401a of 12 this title for such calendar year. 13 ‘‘(4) EXCLUSION.—Notwithstanding paragraph 14 (1), the enrollment fee described in subsection (e) 15 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 57 •HR 1960 IH for a dependent of a member of the uniformed serv- 1 ices who dies while on active duty, a member retired 2 under chapter 61 of this title, or for a dependent of 3 such a member shall not exceed the amount of any 4 such enrollment fee for 2013.’’. 5 (b) TRICARE STANDARD ENROLLMENT FEES AND 6 COST SHARING.—Section 1086(b) of such title is amended 7 to read as follows: 8 ‘‘(b) For a person covered by this section, any plan 9 contracted for under section 1079(a) of this title shall con- 10 tain the following provisions for payment by the patient: 11 ‘‘(1) An annual enrollment fee. The amount of 12 such annual enrollment fee for a year is— 13 ‘‘(A) for 2014, $70 for an individual or 14 $140 for a family group of two or more per- 15 sons; 16 ‘‘(B) for 2015, $85 for an individual or 17 $170 for a family group of two or more per- 18 sons; 19 ‘‘(C) for 2016, $100 for an individual or 20 $200 for a family group of two or more per- 21 sons; 22 ‘‘(D) for 2017, $115 for an individual or 23 $230 for a family group of two or more per- 24 sons; 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 58 •HR 1960 IH ‘‘(E) for 2018, $125 for an individual or 1 $250 for a family group of two or more per- 2 sons; and 3 ‘‘(F) for any year after 2018, the amount 4 of the applicable enrollment fee for the previous 5 year increased by the percentage by which re- 6 tired pay is increased under section 1401a of 7 this title for such year. 8 ‘‘(2) An annual deductible of the charges in a 9 year for all types of care authorized by this section 10 and received while in an outpatient status and 25 11 percent of all subsequent charges for such care dur- 12 ing a year. The amount of such annual deductible 13 for a year is— 14 ‘‘(A) for 2014, $160 for an individual or 15 $320 for a family group of two or more per- 16 sons; 17 ‘‘(B) for 2015, $200 for an individual or 18 $400 for a family group of two or more per- 19 sons; 20 ‘‘(C) for 2016, $230 for an individual or 21 $460 for a family group of two or more per- 22 sons; 23 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 59 •HR 1960 IH ‘‘(D) for 2017, $260 for an individual or 1 $520 for a family group for a family group of 2 two or more persons; 3 ‘‘(E) for 2018, $290 for an individual or 4 $580 for a family group of two or more per- 5 sons; and 6 ‘‘(F) for any year after 2018, the amount 7 of the applicable deductible for the previous 8 year increased by the percentage by which re- 9 tired pay is increased under section 1401a of 10 this title for such year. 11 ‘‘(3) 25 percent of the charges for inpatient 12 care. The Secretary of Defense may exempt a pa- 13 tient from paying such charges if the hospital to 14 which the patient is admitted does not impose a 15 legal obligation on any of its patients to pay for in- 16 patient care. 17 ‘‘(4) A person covered by this section may not 18 be required to pay a total in excess of a catastrophic 19 cap, excluding the amount of any annual enrollment 20 fee under paragraph (1), for health care received 21 during any year under a plan contracted for under 22 section 1079(a) of this title. The amount of such 23 catastrophic cap for a year is— 24 ‘‘(A) for 2013, $3,000; and 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 60 •HR 1960 IH ‘‘(B) for any year after 2013, the amount 1 of the catastrophic cap for the previous year in- 2 creased by the percentage by which retired pay 3 is increased under section 1401a of this title for 4 such year. 5 ‘‘(5) Notwithstanding paragraphs (1), (2), and 6 (4), for a dependent of a member of the uniformed 7 services who dies while on active duty, a member re- 8 tired under chapter 61 of this title, or a dependent 9 of such a member— 10 ‘‘(A) there is no annual enrollment fee; 11 ‘‘(B) the annual deductible referred to in 12 paragraph (2) for a year is $150 for an indi- 13 vidual or $300 for a family group of two or 14 more persons; and 15 ‘‘(C) the catastrophic cap for a year is 16 $3,000.’’. 17 (c) TRICARE FOR LIFE ENROLLMENT FEES.—Sec- 18 tion 1086(d)(3) of such title is amended by adding at the 19 end the following new subparagraph: 20 ‘‘(D)(i) Beginning January 1, 2014, a person de- 21 scribed in paragraph (2) (except as provided in clauses 22 (vi) and (vii)), shall pay an annual enrollment fee as a 23 condition of eligibility for health care benefits under this 24 section. Such enrollment fee shall be an amount (rounded 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 61 •HR 1960 IH to the nearest dollar) equal to the applicable percentage 1 (specified in clause (ii)) of the retired pay of the member 2 or former member upon whom the covered beneficiary’s 3 eligibility is based, except that the amount of such enroll- 4 ment fee shall not be in excess of the applicable maximum 5 enrollment fee (specified in clause (iii)). 6 ‘‘(ii) The applicable percentage of retired pay shall 7 be determined in accordance with the following table: 8 ‘‘For: The applicable percent- age for a family group of two or more persons is: The applicable percent- age for an individual is: 2014 0.50% 0.25% 2015 1.00% 0.50% 2016 1.50% 0.75% 2017 and after 2.00% 1.00%. ‘‘(iii) For any year 2014 through 2017, the applicable 9 maximum enrollment fees for a family group of two or 10 more persons shall be determined in accordance with the 11 following table: 12 ‘‘For: The applicable max- imum 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 max- imum 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. VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 62 •HR 1960 IH ‘‘(iv) For any year after 2017, the applicable max- 1 imum enrollment fee shall be equal to the maximum en- 2 rollment fee for the previous year increased by the per- 3 centage by which retired pay is increased under section 4 1401a of this title for such year. 5 ‘‘(v) The applicable maximum enrollment fee for an 6 individual shall be one-half the corresponding maximum 7 fee for a family group of two or more persons (as deter- 8 mined under clauses (iii) and (iv)). 9 ‘‘(vi) Clause (i) shall not apply to a dependent of a 10 member of the uniformed services who dies while on active 11 duty, a member retired under chapter 61 of this title, or 12 a dependent of such a member. 13 ‘‘(vii) Clause (i) also shall not apply to a person who, 14 prior to the date of the enactment of this subparagraph, 15 met the conditions described in paragraph (2)(A) and 16 (B).’’. 17 (d) TRICARE PHARMACY PROGRAM REQUIRE- 18 MENTS.— 19 (1) AVAILABILITY OF PHARMACEUTICAL 20 AGENTS THROUGH NATIONAL MAIL-ORDER PHAR- 21 MACY PROGRAM.—Section 1074g(a)(5) of such title 22 is amended— 23 (A) by striking ‘‘at least one of the means 24 described in paragraph (2)(E)’’ and inserting 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 63 •HR 1960 IH ‘‘the national mail-order pharmacy program’’; 1 and 2 (B) by striking ‘‘may include’’ and all that 3 follows through the end of the paragraph and 4 inserting ‘‘shall include cost sharing by the eli- 5 gible covered beneficiary as specified in para- 6 graph (6).’’. 7 (2) COST SHARING AMOUNTS.—Section 8 1074g(a)(6) of such title is amended to read as fol- 9 lows: 10 ‘‘(6)(A) In the case of any of the years 2014 through 11 2023, the cost sharing amounts referred to in paragraph 12 (5) shall be determined in accordance with the following 13 table: 14 ‘‘For: The cost sharing amount for 30-day sup- ply of a re- tail generic is: The cost sharing amount for 30-day sup- ply of a re- tail for- mulary 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-for- mulary 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 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 64 •HR 1960 IH ‘‘For: The cost sharing amount for 30-day sup- ply of a re- tail generic is: The cost sharing amount for 30-day sup- ply of a re- tail for- mulary 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-for- mulary is: 2022 $13 $43 $13 $43 $85 2023 $14 $45 $14 $45 $90. ‘‘(B) For any year after 2023, the cost sharing 1 amounts referred to in paragraph (5) shall be equal to 2 the cost sharing amounts for the previous year, adjusted 3 by an amount, if any, as determined by the Secretary to 4 reflect changes in the costs of pharmaceutical agents and 5 prescription dispensing, rounded to the nearest dollar. 6 ‘‘(C) Notwithstanding subparagraphs (A) and (B), 7 the cost-sharing amounts referred to in paragraph (5) for 8 any year for a dependent of a member of the uniformed 9 services who dies while on active duty, a member retired 10 under chapter 61 of this title, or a dependent of such a 11 member shall be equal to the cost sharing amounts, if any, 12 for fiscal year 2013.’’. 13 (3) REFILLS OF PRESCRIPTION MAINTENANCE 14 MEDICATIONS THROUGH THE NATIONAL MAIL 15 ORDER PHARMACY PROGRAM.— 16 (A) IN GENERAL.—Such section 1074g is 17 further amended by adding at the end the fol- 18 lowing new subsection: 19 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 65 •HR 1960 IH ‘‘(i) REFILLS OF PRESCRIPTION MAINTENANCE 1 MEDICATIONS THROUGH THE NATIONAL MAIL ORDER 2 PHARMACY PROGRAM.— 3 ‘‘(1) IN GENERAL.—The pharmacy benefits pro- 4 gram shall require eligible covered beneficiaries to 5 refill non-generic prescription maintenance medica- 6 tions through military treatment facility pharmacies 7 or the national mail-order pharmacy program. 8 ‘‘(2) MEDICATIONS COVERED.— 9 ‘‘(A) DETERMINATION.—The Secretary 10 shall determine the maintenance medications 11 subject to the requirement under paragraph 12 (1). 13 ‘‘(B) SUPPLY.—In carrying out the re- 14 quirement under paragraph (1), the Secretary 15 shall ensure that the medications subject to the 16 requirement under paragraph (1) are— 17 ‘‘(i) generally available to eligible cov- 18 ered beneficiaries through retail phar- 19 macies only for an initial filing of a 30-day 20 or less supply; and 21 ‘‘(ii) any refills of such medications 22 are obtained through a military treatment 23 facility pharmacy or the national mail- 24 order pharmacy program. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 66 •HR 1960 IH ‘‘(C) EXEMPTION.—The Secretary may ex- 1 empt the following prescription maintenance 2 medications from the requirements in subpara- 3 graph (B): 4 ‘‘(i) Medications that are for acute 5 care needs. 6 ‘‘(ii) Such other medications as the 7 Secretary determines appropriate.’’. 8 (B) CONFORMING AMENDMENT.—Section 9 716 of the National Defense Authorization Act 10 for Fiscal Year 2013 (Public Law 112–239; 11 125 Stat. 1804) is repealed. 12 (e) ADDITIONAL REALIGNMENT OF TRICARE 13 HEALTH BENEFIT YEARS FROM FISCAL YEAR TO CAL- 14 ENDAR YEAR BASIS.— 15 (1) TRICARE STANDARD.—Section 1079(b) of 16 such title 10 is amended by striking ‘‘fiscal’’ each 17 place it appears. 18 (2) TRANSITION PERIOD.—The Secretary of 19 Defense shall prescribe regulations to transition 20 TRICARE health plan benefit years from a fiscal- 21 year basis to a calendar-year basis pursuant to the 22 amendments made by this subsection. 23 (3) CONFORMING AND TECHNICAL AMEND- 24 MENTS.—Section 724 of the National Defense Au- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 67 •HR 1960 IH thorization Act for Fiscal Year 1997 (Public Law 1 104–201; 10 U.S.C. 1073 note) is amended— 2 (A) in subsection (b)— 3 (i) by striking ‘‘For each fiscal year 4 beginning after September 30, 1997, the’’ 5 and inserting ‘‘The’’; 6 (ii) by inserting ‘‘during any year’’ 7 after ‘‘by designated providers’’; and 8 (iii) by striking ‘‘fiscal year.’’ and in- 9 serting ‘‘year.’’; and 10 (B) in subsection (d)(2)(B)— 11 (i) by striking ‘‘For each fiscal year 12 beginning after September 30, 2003, the’’ 13 and inserting ‘‘The’’; 14 (ii) by striking ‘‘during such fiscal 15 year’’ the first place it appears and insert- 16 ing ‘‘during any year’’; and 17 (iii) by striking ‘‘fiscal year.’’ and in- 18 serting ‘‘year.’’. 19 (f) AUTHORITY TO ADJUST PAYMENTS INTO THE 20 MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND.— 21 Section 1116 of such title is amended by adding at the 22 end the following new subsection: 23 ‘‘(e)(1) During any fiscal year, if the Secretary of De- 24 fense determines that the amount certified under sub- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 68 •HR 1960 IH section (c) is no longer accurate because of a significant 1 change in circumstances or law, the Secretary of Defense 2 may, if appropriate, certify a revised amount determined 3 in accordance with subsection (b)(2) to the Secretary of 4 the Treasury. 5 ‘‘(2) If the Secretary of Defense makes a certification 6 under paragraph (1), each other administering Secretary 7 shall make and advise the Secretary of the Treasury of 8 a revised determination, consistent with section 1111(c) 9 of this title. 10 ‘‘(3) If a certification and determination are made 11 under paragraphs (1) and (2), the Secretary of the Treas- 12 ury shall promptly pay into or recoup from the Fund the 13 difference between the amount paid into the Fund under 14 subsection (a) and the amount certified or determined by 15 the administering Secretary under paragraph (1) or (2).’’. 16 SEC. 702. REQUIREMENT FOR MEDICARE PARTICIPATING 17 PHYSICIAN OR SUPPLIER TO ACCEPT 18 TRICARE AND VETERANS AFFAIRS PARTICI- 19 PATING RATES. 20 Section 1842(h)(1) of the Social Security Act (42 21 U.S.C. 1395u(h)(1)) is amended by adding at the end the 22 following new sentence: ‘‘Any physician or supplier who 23 voluntarily enters into an agreement with the Secretary 24 to become a participating physician or supplier shall be 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 69 •HR 1960 IH deemed to have agreed to be a participating provider of 1 medical care or services under any health plan contracted 2 for under section 1079 or 1086 of title 10, United States 3 Code, or under section 1781 of title 38, United States 4 Code, in accordance with the payment methodology and 5 amounts prescribed under joint regulations prescribed by 6 the Secretary, the Secretary of Defense, and the Secretary 7 of Homeland Security pursuant to sections 1079 and 1086 8 of title 10, United States Code.’’. 9 TITLE VIII—ACQUISITION POL- 10 ICY, ACQUISITION MANAGE- 11 MENT, AND RELATED MAT- 12 TERS 13 SEC. 801. CLARIFICATION OF SCOPE OF SUPPLIES COV- 14 ERED BY STATUTORY RAPID ACQUISITION 15 AUTHORITY. 16 Section 806(g) of the Bob Stump National Defense 17 Authorization Act for Fiscal Year 2003 (Public Law 107– 18 314; 10 U.S.C. 2302 note) is amended— 19 (1) by striking ‘‘ASSOCIATED SUPPORT SERV- 20 ICES DEFINED.—In the section, the term’’ and in- 21 serting ‘‘DEFINITIONS.—In this section:’’; and 22 (2) by adding at the end the following new 23 paragraph: 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 70 •HR 1960 IH ‘‘(2) SUPPLIES.—The term ‘supplies’ means all 1 property except land or interest in land.’’. 2 SEC. 802. REDUCTION IN COSTS TO REPORT CRITICAL 3 CHANGES TO MAJOR AUTOMATED INFORMA- 4 TION SYSTEM PROGRAMS. 5 (a) EXTENSION OF A PROGRAM DEFINED.—Section 6 2445a of title 10, United States Code, is amended adding 7 at the end the following new subsection: 8 ‘‘(g) EXTENSION OF A PROGRAM.—In this chapter, 9 the term ‘extension of a program’ means, with respect to 10 a major automated information system program or other 11 major information technology investment program, the 12 further deployment or planned deployment to additional 13 users of the system which has already been found oper- 14 ationally effective and suitable by an independent test 15 agency or the Director of Operational Test and Evalua- 16 tion, beyond the scope planned in the original estimate or 17 information originally submitted on the program.’’. 18 (b) REPORTS ON CRITICAL CHANGES IN MAIS PRO- 19 GRAMS.—Subsection (d) of section 2445c of such title is 20 amended— 21 (1) in paragraph (1), by striking ‘‘paragraph 22 (2)’’ and inserting ‘‘paragraph (3)’’; 23 (2) by redesignating paragraph (2) as para- 24 graph (3); and 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 71 •HR 1960 IH (3) by inserting after paragraph (1) the fol- 1 lowing new paragraph (2): 2 ‘‘(2) NOTIFICATION WHEN VARIANCE DUE TO 3 CONGRESSIONAL ACTION OR EXTENSION OF PRO- 4 GRAM.—If a senior Department of Defense official 5 who, following receipt of a quarterly report described 6 in paragraph (1) and making a determination de- 7 scribed in paragraph (3), also determines that the 8 circumstances resulting in the determination de- 9 scribed in paragraph (3) either (A) are primarily the 10 result of congressional action, or (B) are primarily 11 due to an extension of a program, the official may, 12 in lieu of carrying out an evaluation and submitting 13 a report in accordance with paragraph (1), submit 14 to the congressional defense committees, within 45 15 days after receiving the quarterly report, a notifica- 16 tion that the official has made those determinations. 17 If such a notification is submitted, the limitation in 18 subsection (g)(1) does not apply with respect to that 19 determination under paragraph (3).’’. 20 (c) CONFORMING CROSS-REFERENCE AMEND- 21 MENT.—Subsection (g)(1) of such section is amended by 22 striking ‘‘subsection (d)(2)’’ and inserting ‘‘subsection 23 (d)(3)’’. 24 (d) TOTAL ACQUISITION COST INFORMATION.— 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 72 •HR 1960 IH (1) Section 2445b(b)(3) of title 10, United 1 States Code, is amended by striking ‘‘development 2 costs’’ and inserting ‘‘total acquisition costs’’. 3 (2) Section 2445c of such title is amended— 4 (A) in subparagraph (B) of subsection 5 (c)(2), by striking ‘‘program development cost’’ 6 and inserting ‘‘total acquisition cost’’; and 7 (B) in subparagraph (C) of subsection 8 (d)(3) (as redesignated by subsection (b)(2)), 9 by striking ‘‘program development cost’’ and in- 10 serting ‘‘total acquisition cost’’. 11 (e) CLARIFICATION OF CROSS-REFERENCE.—Section 12 2445c(g)(2) of such title is amended by striking ‘‘in com- 13 pliance with the requirements of subsection (d)(2)’’ and 14 inserting ‘‘under subsection (d)(1)(B)’’. 15 SEC. 803. MODIFICATION OF REPORTING REQUIREMENT 16 FOR DEPARTMENT OF DEFENSE BUSINESS 17 SYSTEM ACQUISITION PROGRAMS WHEN INI- 18 TIAL OPERATING CAPABILITY IS NOT 19 ACHIEVED WITHIN FIVE YEARS OF MILE- 20 STONE A APPROVAL. 21 (a) SUBMISSION TO PRE-CERTIFICATION AUTHOR- 22 ITY.—Subsection (b) of section 811 of the John Warner 23 National Defense Authorization Act for Fiscal Year 2007 24 (Public Law 109–364; 120 Stat. 2316) is amended by 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 73 •HR 1960 IH striking ‘‘the system shall be deemed to have undergone’’ 1 and all that follows through the period and inserting ‘‘the 2 appropriate official shall report such failure, along with 3 the facts and circumstances surrounding the failure, to the 4 appropriate pre-certification authority for that system 5 under section 2222 of title 10, United States Code, and 6 the information so reported shall be considered by the pre- 7 certification authority in the decision whether to rec- 8 ommend certification of obligations under that section.’’. 9 (b) COVERED SYSTEMS.—Subsection (c) of such sec- 10 tion is amended— 11 (1) by striking ‘‘3542(b)(2) of title 44’’ and in- 12 serting ‘‘section 2222(j)(2) of title 10’’; and 13 (2) by inserting ‘‘, and that is not designated 14 in section 2445a of title 10, United States Code, as 15 a ‘major automated information system program’ or 16 an ‘other major information technology investment 17 program’ ’’ before the period at the end. 18 (c) UPDATED REFERENCES TO DOD ISSUANCES.— 19 Subsection (d) of such section is amended— 20 (1) in paragraph (1), by striking ‘‘Department 21 of Defense Instruction 5000.2’’ and inserting ‘‘De- 22 partment of Defense Directive 5000.01’’; and 23 (2) in paragraph (2), by striking ‘‘Department 24 of Defense Instruction 5000.2, dated May 12, 2003’’ 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 74 •HR 1960 IH and inserting ‘‘Department of Defense Instruction 1 5000.02, dated December 3, 2008’’. 2 SEC. 804. ENHANCED TRANSFER OF TECHNOLOGY DEVEL- 3 OPED AT DEPARTMENT OF DEFENSE LAB- 4 ORATORIES. 5 (a) DEFINITIONS.—As used in this section: 6 (1) The terms ‘‘department’’ and ‘‘military de- 7 partment’’ have the meaning given those terms in 8 section 101 of title 10, United States Code. 9 (2) The term ‘‘DoD laboratory’’ or ‘‘labora- 10 tory’’ means any facility or group of facilities that— 11 (A) is owned, leased, operated, or other- 12 wise used by the Department of Defense; and 13 (B) meets the definition of ‘‘laboratory’’ as 14 provided in subsection (d)(2) of section 12 of 15 the Stevenson-Wydler Technology Innovation 16 Act of 1980 (15 U.S.C. 3710a). 17 (b) AUTHORITY.— 18 (1) IN GENERAL.—The Secretary of Defense 19 and the Secretaries of the military departments each 20 may authorize the heads of DoD laboratories to 21 grant nonexclusive, exclusive, or partially exclusive 22 licenses, royalty free or for royalties or for rights to 23 other intellectual property, for computer software 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 75 •HR 1960 IH and its related documentation developed at a DoD 1 laboratory, but only if— 2 (A) the computer software and related doc- 3 umentation would be a trade secret under the 4 meaning of section 552(b)(4) of title 5, United 5 States Code, if the information had been ob- 6 tained from a non-Federal party; 7 (B) the public is notified of the availability 8 of the software and related documentation for 9 licensing and interested parties have a fair op- 10 portunity to submit applications for licensing; 11 (C) such licensing activities and licenses 12 shall comply with the requirements under sec- 13 tion 209 of title 35, United States Code; and 14 (D) the software originally was developed 15 to meet the military needs of the Department 16 of Defense. 17 (2) PROTECTIONS AGAINST UNAUTHORIZED 18 DISCLOSURE.—The Secretary of Defense and the 19 Secretaries of the military departments each shall 20 provide appropriate precautions against the unau- 21 thorized disclosure of any computer software or doc- 22 umentation covered by paragraph (1)(A), including 23 exemption from section 552 of title 5, United States 24 Code, for a period of up to 5 years after the develop- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 76 •HR 1960 IH ment of the computer software by the DoD labora- 1 tory. 2 (c) ROYALTIES.— 3 (1) USE OF ROYALTIES.—Except as provided in 4 paragraph (2), any royalties or other payments re- 5 ceived by the department from licensing computer 6 software or documentation under paragraph (b)(1) 7 shall be retained by the department and shall be dis- 8 posed of as follows: 9 (A)(i) The department shall pay each year 10 the first $2,000, and thereafter at least 15 per- 11 cent, of the royalties or other payments to be 12 divided among the employees who developed the 13 computer software. 14 (ii) The department may provide appro- 15 priate lesser incentives, from royalties or other 16 payments, to laboratory employees who are not 17 developers of such computer software but who 18 substantially increased the technical value of 19 the software. 20 (iii) The department shall retain the royal- 21 ties and other payments received until it makes 22 payments to employees of a DoD laboratory 23 under clause (i) or (ii). 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 77 •HR 1960 IH (iv) The department may retain an amount 1 reasonably necessary to pay expenses incidental 2 to the administration and distribution of royal- 3 ties or other payments under this section by an 4 organizational unit of the department other 5 than its laboratories. 6 (B) The balance of the royalties or other pay- 7 ments shall be transferred by the department to its 8 laboratories, with the majority share of the royalties 9 or other payments going to the laboratory where the 10 development occurred. The royalties or other pay- 11 ments so transferred to any DoD laboratory may be 12 used or obligated by that laboratory during the fiscal 13 year in which they are received or during the 2 suc- 14 ceeding fiscal years— 15 (i) to reward scientific, engineering, and 16 technical employees of the DoD laboratory, in- 17 cluding developers of sensitive or classified tech- 18 nology, regardless of whether the technology 19 has commercial applications; 20 (ii) to further scientific exchange among 21 the laboratories of the agency; 22 (iii) for education and training of employ- 23 ees consistent with the research and develop- 24 ment missions and objectives of the department 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 78 •HR 1960 IH or DoD laboratory, and for other activities that 1 increase the potential for transfer of the tech- 2 nology of the laboratories; 3 (iv) for payment of expenses incidental to 4 the administration and licensing of computer 5 software or other intellectual property made at 6 that DoD laboratory, including the fees or other 7 costs for the services of other agencies, persons, 8 or organizations for intellectual property man- 9 agement and licensing services; or 10 (v) for scientific research and development 11 consistent with the research and development 12 missions and objectives of the DoD laboratory. 13 (C) All royalties or other payments retained by 14 the department or DoD laboratory after payments 15 have been made pursuant to subparagraphs (A) and 16 (B) that are unobligated and unexpended at the end 17 of the second fiscal year succeeding the fiscal year 18 in which the royalties and other payments were re- 19 ceived shall be paid into the Treasury. 20 (2) EXCEPTION.—If, after payments under 21 paragraph (1)(A), the balance of the royalties or 22 other payments received by the department in any 23 fiscal year exceed 5 percent of the funds received for 24 use by the DoD laboratory for research, develop- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 79 •HR 1960 IH ment, engineering, testing and evaluation or other 1 related administrative, processing or value-added ac- 2 tivities for that year, 75 percent of such excess shall 3 be paid to the Treasury of the United States and the 4 remaining 25 percent may be used or obligated 5 under paragraph (1)(B). Any funds not so used or 6 obligated shall be paid into the Treasury of the 7 United States. 8 (3) STATUS OF PAYMENTS TO EMPLOYEES.— 9 Any payment made to an employee under this sec- 10 tion shall be in addition to the regular pay of the 11 employee and to any other awards made to the em- 12 ployee, and shall not affect the entitlement of the 13 employee to any regular pay, annuity, or award to 14 which the employee is otherwise entitled or for which 15 the employee is otherwise eligible or limit the 16 amount thereof except that the monetary value of an 17 award for the same project or effort shall be de- 18 ducted from the amount otherwise available under 19 this paragraph. Payments, determined under the 20 terms of this paragraph and made to an employee 21 developer as such, may continue after the developer 22 leaves the DoD laboratory or department. Payments 23 made under this section shall not exceed $75,000 24 per year to any one person, unless the President ap- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 80 •HR 1960 IH proves a larger award (with the excess over $75,000 1 being treated as a Presidential award under section 2 4504 of title 5). 3 (d) INFORMATION IN REPORT.—The report required 4 by section 2515(d) of title 10, United States Code, shall 5 include information regarding the implementation and ef- 6 fectiveness of this section. 7 (e) EXPIRATION.—The authority provided in this sec- 8 tion shall expire on December 31, 2018. 9 SEC. 805. EXTENSION OF AUTHORITY FOR PROGRAM TO 10 AWARD PRIZES FOR ADVANCED TECH- 11 NOLOGY ACHIEVEMENTS. 12 Section 2374a of title 10, United States Code, is 13 amended by striking ‘‘September 30, 2013’’ in subsection 14 (f) and inserting ‘‘September 30, 2017’’. 15 SEC. 806. REVISIONS TO ELIGIBILITY FOR, AND AMOUNT 16 OF, FINANCIAL ASSISTANCE UNDER DEPART- 17 MENT OF DEFENSE SCIENCE, MATHEMATICS, 18 AND RESEARCH FOR TRANSFORMATION PRO- 19 GRAM. 20 (a) ELIGIBILITY FOR EDUCATIONAL ASSISTANCE.— 21 Paragraph (1) of section 2192a(b) of title 10, United 22 States Code, is amended— 23 (1) by striking subparagraph (A); and 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 81 •HR 1960 IH (2) by redesignating subparagraphs (B) and 1 (C) as subparagraphs (A) and (B), respectively. 2 (b) AMOUNT OF EDUCATIONAL ASSISTANCE.—Para- 3 graph (2) of such section is amended by striking ‘‘the 4 amount determined’’ and all that follows through ‘‘room 5 and board’’ and inserting ‘‘an amount determined by the 6 Secretary of Defense’’. 7 (c) CONCURRENCE OF SECRETARY OF STATE FOR 8 AWARDS TO NON-CITIZENS.—Such section is further 9 amended by adding at the end the following new para- 10 graph: 11 ‘‘(4) For the purposes of paragraph (1), a scholarship 12 or fellowship awarded to a person who is not a citizen of 13 the United States may only be awarded with the concur- 14 rence of the Secretary of State.’’. 15 TITLE IX—DEPARTMENT OF DE- 16 FENSE ORGANIZATION AND 17 MANAGEMENT 18 SEC. 901. CLARIFICATION OF THE ORDER OF PRECEDENCE 19 FOR THE PRINCIPAL DEPUTY UNDER SECRE- 20 TARIES OF DEFENSE. 21 Subsection (d) of section 137a of title 10, United 22 States Code, is amended by striking ‘‘and the Deputy 23 Chief Management Officer of the Department of De- 24 fense.’’ and inserting ‘‘the Deputy Chief Management Of- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 82 •HR 1960 IH ficer of the Department of Defense, and the officials serv- 1 ing in positions specified in section 131(b)(4) of this 2 title.’’. 3 SEC. 902. UPDATE OF STATUTORY SPECIFICATION OF 4 FUNCTIONS OF THE CHAIRMAN OF THE 5 JOINT CHIEFS OF STAFF RELATING TO DOC- 6 TRINE, TRAINING, AND EDUCATION. 7 Paragraph (5) of section 153(a) of title 10, United 8 States Code, is amended— 9 (1) in the paragraph heading, by striking 10 ‘‘DOCTRINE, TRAINING, AND EDUCATION’’ and in- 11 serting ‘‘JOINT FORCE DEVELOPMENT ACTIVITIES’’; 12 (2) in subparagraph (B), by inserting ‘‘and 13 technical standards, and executing actions’’ after 14 ‘‘policies’’; 15 (3) in subparagraph (C), by striking ‘‘and 16 training’’; and 17 (4) by adding at the end the following new sub- 18 paragraphs: 19 ‘‘(D) Formulating policies for concept develop- 20 ment and experimentation for the joint employment 21 of the armed forces. 22 ‘‘(E) Formulating policies for gathering, devel- 23 oping, and disseminating joint lessons learned for 24 the armed forces.’’. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 83 •HR 1960 IH SEC. 903. REVISION OF SECRETARY OF DEFENSE AUTHOR- 1 ITY TO ENGAGE IN COMMERCIAL ACTIVITIES 2 AS SECURITY FOR INTELLIGENCE COLLEC- 3 TION ACTIVITIES. 4 (a) PERIOD FOR REQUIRED AUDITS.—Section 5 432(b)(2) of such title is amended by striking ‘‘annually’’ 6 in the first sentence and inserting ‘‘biennially’’. 7 (b) REPEAL OF DESIGNATION OF DEFENSE INTEL- 8 LIGENCE AGENCY AS REQUIRED OVERSIGHT AUTHORITY 9 WITHIN DEPARTMENT OF DEFENSE.—Section 436(4) of 10 such title is amended— 11 (1) by striking ‘‘within the Defense Intelligence 12 Agency’’ and inserting ‘‘within the Department of 13 Defense’’; and 14 (2) by striking ‘‘management and supervision’’ 15 and inserting ‘‘oversight’’. 16 (c) TECHNICAL AMENDMENTS.— 17 (1) DEFINITION OF CONGRESSIONAL INTEL- 18 LIGENCE COMMITTEES.—Section 437 of such title is 19 amended— 20 (A) in subsections (a) and (b), by inserting 21 ‘‘congressional’’ before ‘‘intelligence commit- 22 tees’’; and 23 (B) by adding at the end the following new 24 subsection: 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 84 •HR 1960 IH ‘‘(c) CONGRESSIONAL INTELLIGENCE COMMITTEES 1 DEFINED.—In this section, the term ‘congressional intel- 2 ligence committees’ has the meaning given that term in 3 section 3 of the National Security Act of 1947 (50 U.S.C. 4 401a).’’. 5 (2) CONFORMING AMENDMENTS.—The second 6 sentence of section 432(b)(2) of such title is amend- 7 ed— 8 (A) by inserting ‘‘congressional’’ before 9 ‘‘intelligence committees’’; and 10 (B) by striking ‘‘section 437(d)’’ and in- 11 serting ‘‘section 437(c)’’. 12 SEC. 904. CHANGE TO REFERENCE TO THE MAJOR DEPART- 13 MENT OF DEFENSE HEADQUARTERS ACTIVI- 14 TIES ISSUANCE. 15 Section 194(f) of title 10, United States Code, is 16 amended by striking ‘‘Directive 5100.73’’ and all that fol- 17 lows and inserting ‘‘Instruction 5100.73, entitled ‘Major 18 DoD Headquarters Activities’.’’ 19 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 85 •HR 1960 IH TITLE X—GENERAL PROVISIONS 1 Subtitle A—Financial Matters 2 Subtitle B—Naval Vessels 3 SEC. 1011. REPEAL OF POLICY RELATING TO PROPULSION 4 SYSTEMS OF ANY NEW CLASS OF MAJOR 5 COMBATANT VESSELS OF THE STRIKE 6 FORCES OF THE UNITED STATES NAVY. 7 Section 1012 of the National Defense Authorization 8 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 9 303), as most recently amended by section 1013 of the 10 National Defense Authorization Act for Fiscal Year 2013 11 (Public Law 112–239; 126 Stat. 1908), is repealed. 12 SEC. 1012. REPEAL OF REQUIREMENTS RELATING TO PRO- 13 CUREMENT OF FUTURE SURFACE COMBAT- 14 ANTS. 15 Section 125 of the National Defense Authorization 16 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat 17 2214) is repealed. 18 Subtitle C—Other Matters 19 SEC. 1031. MANAGEMENT OF DEPARTMENT OF DEFENSE IN- 20 STALLATIONS. 21 (a) SECRETARY OF DEFENSE AUTHORITY.—Chapter 22 159 of title 10, United States Code, is amended by insert- 23 ing after section 2671 the following new section: 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 86 •HR 1960 IH ‘‘§ 2672. Protection of property 1 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 2 protect the buildings, grounds, and property that are 3 under the jurisdiction, custody, or control of the Depart- 4 ment of Defense and the persons on that property. 5 ‘‘(b) OFFICERS AND AGENTS.— 6 ‘‘(1) DESIGNATION.—(A) The Secretary may 7 designate military or civilian personnel of the De- 8 partment of Defense as officers and agents to per- 9 form the functions of the Secretary under subsection 10 (a), including, with regard to civilian officers and 11 agents, duty in areas outside the property specified 12 in that subsection to the extent necessary to protect 13 that property and persons on that property. 14 ‘‘(B) A designation under subparagraph (A) 15 may be made by individual, by position, by installa- 16 tion, or by such other category of personnel as the 17 Secretary determines appropriate. 18 ‘‘(C) In making a designation under subpara- 19 graph (A) with respect to any category of personnel, 20 the Secretary shall specify each of the following: 21 ‘‘(i) The personnel or positions to be in- 22 cluded in the category. 23 ‘‘(ii) Which authorities provided for in 24 paragraph (2) may be exercised by personnel in 25 that category. 26 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 87 •HR 1960 IH ‘‘(iii) In the case of civilian personnel in 1 that category— 2 ‘‘(I) which authorities provided for in 3 paragraph (2), if any, are authorized to be 4 exercised outside the property specified in 5 subsection (a); and 6 ‘‘(II) with respect to the exercise of 7 any such authorities outside the property 8 specified in subsection (a), the cir- 9 cumstances under which coordination with 10 law enforcement officials outside of the De- 11 partment of Defense should be sought in 12 advance. 13 ‘‘(D) The Secretary may make a designation 14 under subparagraph (A) only if the Secretary deter- 15 mines, with respect to the category of personnel to 16 be covered by that designation, that— 17 ‘‘(i) the exercise of each specific authority 18 provided for in paragraph (2) to be delegated to 19 that category of personnel is necessary for the 20 performance of the duties of the personnel in 21 that category and such duties cannot be per- 22 formed as effectively without such authorities; 23 and 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 88 •HR 1960 IH ‘‘(ii) the necessary and proper training for 1 the authorities to be exercised is available to 2 the personnel in that category. 3 ‘‘(2) POWERS.—Subject to subsection (h) and 4 to the extent specifically authorized by the Sec- 5 retary, while engaged in the performance of official 6 duties pursuant to this section, an officer or agent 7 designated under this subsection may— 8 ‘‘(A) enforce Federal laws and regulations 9 for the protection of persons and property; 10 ‘‘(B) carry firearms; 11 ‘‘(C) make arrests— 12 ‘‘(i) without a warrant for any offense 13 against the United States committed in the 14 presence of the officer or agent; or 15 ‘‘(ii) for any felony cognizable under 16 the laws of the United States if the officer 17 or agent has reasonable grounds to believe 18 that the person to be arrested has com- 19 mitted or is committing a felony; 20 ‘‘(D) serve warrants and subpoenas issued 21 under the authority of the United States; and 22 ‘‘(E) conduct investigations, on and off the 23 property in question, of offenses that may have 24 been committed against property under the ju- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 89 •HR 1960 IH risdiction, custody, or control of the Depart- 1 ment of Defense or persons on such property. 2 ‘‘(c) REGULATIONS.— 3 ‘‘(1) IN GENERAL.—The Secretary may pre- 4 scribe regulations, including traffic regulations, nec- 5 essary for the protection and administration of prop- 6 erty under the jurisdiction, custody, or control of the 7 Department of Defense and persons on that prop- 8 erty. The regulations may include reasonable pen- 9 alties, within the limits prescribed in paragraph (2), 10 for violations of the regulations. The regulations 11 shall be posted and remain posted in a conspicuous 12 place on the property to which they apply. 13 ‘‘(2) PENALTIES.—A person violating a regula- 14 tion prescribed under this subsection shall be fined 15 under title 18, imprisoned for not more than 30 16 days, or both. 17 ‘‘(d) LIMITATION ON DELEGATION OF AUTHORITY.— 18 The authority of the Secretary of Defense under sub- 19 sections (b) and (c) may be exercised only by the Secretary 20 or Deputy Secretary of Defense. 21 ‘‘(e) DISPOSITION OF PERSONS ARRESTED.—A per- 22 son who is arrested pursuant to authority exercised under 23 subsection (b) may not be held in a military confinement 24 facility, other than in the case of a person who is subject 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 90 •HR 1960 IH to chapter 47 of this title (the Uniform Code of Military 1 Justice). 2 ‘‘(f) FACILITIES AND SERVICES OF OTHER AGEN- 3 CIES.—In implementing this section, when the Secretary 4 determines it to be economical and in the public interest, 5 the Secretary may utilize the facilities and services of Fed- 6 eral, State, tribal, and local law enforcement agencies, 7 with the consent of those agencies, and may reimburse 8 those agencies for the use of their facilities and services. 9 ‘‘(g) AUTHORITY OUTSIDE FEDERAL PROPERTY.— 10 For the protection of property under the jurisdiction, cus- 11 tody, or control of the Department of Defense and persons 12 on that property, the Secretary may enter into agreements 13 with Federal agencies and with State, tribal, and local 14 governments to obtain authority for civilian officers and 15 agents designated under this section to enforce Federal 16 laws and State, tribal, and local laws concurrently with 17 other Federal law enforcement officers and with State, 18 tribal, and local law enforcement officers. 19 ‘‘(h) ATTORNEY GENERAL APPROVAL.—The powers 20 granted pursuant to subsection (b)(2) to officers and 21 agents designated under subsection (b)(1) shall be exer- 22 cised in accordance with guidelines approved by the Attor- 23 ney General. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 91 •HR 1960 IH ‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.— 1 Nothing in this section shall be construed— 2 ‘‘(1) to preclude or limit the authority of any 3 Federal law enforcement agency; 4 ‘‘(2) to restrict the authority of the Secretary of 5 Homeland Security or of the Administrator of Gen- 6 eral Services to promulgate regulations affecting 7 property under the custody and control of that Sec- 8 retary or the Administrator, respectively; 9 ‘‘(3) to expand or limit section 21 of the Inter- 10 nal Security Act of 1950 (50 U.S.C. 797); 11 ‘‘(4) to affect chapter 47 of this title; or 12 ‘‘(5) to restrict any other authority of the Sec- 13 retary of Defense or the Secretary of a military de- 14 partment.’’. 15 (b) CLERICAL AMENDMENT.—The table of sections 16 at the beginning of such chapter is amended by inserting 17 after the item relating to section 2671 the following new 18 item: 19 ‘‘2672. Protection of property.’’. SEC. 1033. REPEAL AND MODIFICATION OF REPORTING RE- 20 QUIREMENTS. 21 (a) TITLE 10, UNITED STATES CODE.—Title 10, 22 United States Code, is amended as follows: 23 (1) Section 113 is amended by striking sub- 24 section (m). 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 92 •HR 1960 IH (2) Section 117 is amended by striking sub- 1 section (e). 2 (3) Section 127 is amended by striking sub- 3 section (d). 4 (4) Section 129 is amended by striking sub- 5 section (f). 6 (5) Section 153 is amended by striking sub- 7 section (c). 8 (6)(A) Section 229 is repealed. 9 (B) The table of sections at the beginning of 10 chapter 9 is amended by striking the item relating 11 to section 229. 12 (7)(A) Section 483 is repealed. 13 (B) The table of sections at the beginning of 14 chapter 23 is amended by striking the item relating 15 to section 483. 16 (8)(A) Section 489 is repealed. 17 (B) The table of sections at the beginning of 18 chapter 23 is amended by striking the item relating 19 to section 489. 20 (9) Section 1130 by striking subsection (b). 21 (10) Section 1557 is amended by striking sub- 22 section (e). 23 (11)(A) Section 1563 is repealed. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 93 •HR 1960 IH (B) The table of sections at the beginning of 1 chapter 80 is amended by striking the item relating 2 to section 1563. 3 (12) Section 1781b is amended by striking sub- 4 section (d). 5 (13) Section 2216 is amended by striking sub- 6 section (i). 7 (14) Section 2244a(c) is amended by striking 8 the second sentence. 9 (15) Section 2350b is amended by striking sub- 10 section (d). 11 (16) Section 2350j is amended by striking sub- 12 section (e). 13 (17) Section 2350m is amended by striking 14 subsection (e). 15 (18)(A) Section 2352 is repealed. 16 (B) The table of sections at the beginning of 17 chapter 139 is amended by striking the item relating 18 to section 2352. 19 (19) Section 2410i(c) is amended by striking 20 the last sentence. 21 (20)(A) Section 2475 is repealed. 22 (B) The table of sections at the beginning of 23 chapter 146 is amended by striking the item relating 24 to section 2475. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 94 •HR 1960 IH (21)(A) Section 2504 is repealed. 1 (B) The table of sections at the beginning of 2 subchapter II of chapter 148 is amended by striking 3 the item relating to section 2504. 4 (22)(A) Section 2536(b) is amended by striking 5 paragraph (2). 6 (B) Such section is further amended— 7 (i) by striking ‘‘(1)’’ after ‘‘AUTHORITY.— 8 ’’; 9 (ii) by redesignating subparagraphs (A) 10 and (B) as paragraphs (1) and (2), respectively; 11 and 12 (iii) by redesignating clauses (i) and (ii) as 13 subparagraphs (A) and (B), respectively. 14 (23) Section 2804(b) is amended by striking 15 the last sentence. 16 (24) Section 2827 is amended— 17 (A) by striking ‘‘(a) Subject to subsection 18 (b), the Secretary’’ and inserting ‘‘The Sec- 19 retary’’; and 20 (B) by striking subsection (b). 21 (25) Section 2828 is amended by striking sub- 22 section (f). 23 (26) Section 2835 is amended— 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 95 •HR 1960 IH (A) in subsection (a), by striking ‘‘Subject 1 to subsection (b), the Secretary’’ and inserting 2 ‘‘The Secretary’’; 3 (B) by striking subsection (b); and 4 (C) by striking subsection (g). 5 (27) Section 2837 is amended— 6 (A) in subsection (c)— 7 (i) by striking ‘‘(1)’’ after ‘‘OPPORTU- 8 NITIES.—’’; and 9 (ii) by striking paragraph (2); and 10 (B) by striking subsection (f). 11 (28) Section 2854a is amended by striking sub- 12 section (c). 13 (29) Section 2861 is amended by striking sub- 14 sections (c) and (d). 15 (30) Section 2866(c) is amended— 16 (A) by striking ‘‘(1)’’ before ‘‘The Sec- 17 retary’’; and 18 (B) by striking paragraph (2). 19 (31) Section 2875 is amended by striking sub- 20 section (e). 21 (32)(A) Section 2884 is amended— 22 (i) by striking subsection (b); and 23 (ii) in subsection (a)— 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 96 •HR 1960 IH (I) by striking ‘‘PROJECT REPORTS.— 1 (1)’’ and inserting ‘‘REPORTS.—’’; 2 (II) by redesignating subparagraphs 3 (A) and (B) as paragraphs (1) and (2), re- 4 spectively; and 5 (III) by striking ‘‘(2) For each’’ and 6 inserting ‘‘(b) CONTENT OF REPORTS.— 7 (1) For each’’. 8 (B) Such section is further amended— 9 (i) by redesignating paragraphs (3) and 10 (4) of subsection (b) of such section (as des- 11 ignated by subparagraph (A)(ii)(III)) as para- 12 graphs (2) and (3), respectively; and 13 (ii) in paragraph (2) of subsection (b), as 14 so redesignated, by striking ‘‘contract described 15 in paragraph (1)’’ and inserting ‘‘contract de- 16 scribed in subsection (a)’’. 17 (C)(i) The heading of such section is 18 amended to read as follows: 19 ‘‘§ 2884. Project reports’’. 20 (ii) The item relating to that section in the 21 table of sections at the beginning of subchapter 22 IV of chapter 169 is amended to read as fol- 23 lows: 24 ‘‘2884. Project reports.’’. VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6211 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 97 •HR 1960 IH (33) Section 2885(a)(3) is amended by striking 1 ‘‘If a project’’ and inserting ‘‘In the case of a project 2 for new construction, if the project’’. 3 (34) Section 2916 is amended by striking sub- 4 section (c). 5 (b) ANNUAL NATIONAL DEFENSE AUTHORIZATION 6 ACTS.— 7 (1) FISCAL YEAR 2011.—Section 892 of The Ike 8 Skelton National Defense Authorization Act for Fis- 9 cal Year 2011 (Public Law 111–383; 10 U.S.C. 10 2306a note) is amended by striking subsection (b). 11 (2) FISCAL YEAR 2009.—The Duncan Hunter 12 National Defense Authorization Act for Fiscal Year 13 2009 (Public Law 110–417) is amended as follows: 14 (A) Section 354 (10 U.S.C. 221 note) is 15 repealed. 16 (B) Section 903(b)(5) (10 U.S.C. 2228 17 note) is amended to read as follows: 18 ‘‘(5) Not later than December 31 each year, the cor- 19 rosion control and prevention executive of a military de- 20 partment shall submit to the Secretary of Defense a report 21 containing recommendations pertaining to the corrosion 22 control and prevention program of the military depart- 23 ment. The report each year shall include recommendations 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 98 •HR 1960 IH for the funding levels necessary for the executive to carry 1 out the duties of the executive under this section.’’. 2 (C) Section 1047(d) (10 U.S.C. 2366b 3 note) is amended— 4 (i) by striking ‘‘REQUIREMENTS.—’’ 5 and all that follows through ‘‘The Sec- 6 retary’’ and inserting ‘‘REQUIREMENTS.— 7 The Secretary’’; 8 (ii) by striking paragraph (2); and 9 (iii) by redesignating subparagraphs 10 (A) and (B) as paragraphs (1) and (2), re- 11 spectively. 12 (3) FISCAL YEAR 2008.—The National Defense 13 Authorization Act for Fiscal Year 2008 (Public Law 14 110–181) is amended as follows: 15 (A) Section 911 (10 U.S.C. 2271 note) is 16 amended by striking paragraph (2) of sub- 17 section (f). 18 (B) Section 1074(b)(6) (10 U.S.C. 113 19 note) is amended— 20 (i) in subparagraph (A), by striking 21 ‘‘The Secretary’’ and inserting ‘‘Except as 22 provided in subparagraph (D), the Sec- 23 retary’’; and 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 99 •HR 1960 IH (ii) by adding at the end the following 1 new subparagraph: 2 ‘‘(D) EXCEPTIONS.—Subparagraph (A) 3 does not apply in the case of— 4 ‘‘(i) an individual described in para- 5 graph (2)(C) who is otherwise sponsored 6 by the Secretary of Defense, the Deputy 7 Secretary of Defense, the Chairman of the 8 Joint Chiefs of Staff, or the Vice Chair- 9 man of the Joint Chiefs of Staff; or 10 ‘‘(ii) an individual described in para- 11 graph (2)(E).’’. 12 (C) Section 2864 (10 U.S.C. 2911 note) is 13 repealed. 14 (4) FISCAL YEAR 2007.—The John Warner Na- 15 tional Defense Authorization Act for Fiscal Year 16 2007 (Public Law 109–364) is amended as follows: 17 (A) Section 226 (120 Stat. 2131) is re- 18 pealed. 19 (B) Section 323 (10 U.S.C. 229 note) is 20 amended by striking subsection (c). 21 (5) FISCAL YEAR 2003.—Section 817 of the Bob 22 Stump National Defense Authorization Act for Fis- 23 cal Year 2003 (Public Law 107–314; 10 U.S.C. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 100 •HR 1960 IH 2306a note) is amended by striking subsections (d) 1 and (e)(2). 2 (6) FISCAL YEAR 2000.—Section 1409 of the 3 National Defense Authorization Act for Fiscal Year 4 2000 (Public Law 106–65; 22 U.S.C. 2778 note) is 5 amended by striking subsection (b). 6 (7) FISCAL YEAR 1999.—Section 1101 of the 7 Strom Thurmond National Defense Authorization 8 Act for Fiscal Year 1999 (Public Law 105–261; 5 9 U.S.C. 3104 note) is amended by striking subsection 10 (g). 11 (8) FISCAL YEAR 1991.—Section 4004(d) of the 12 National Defense Authorization Act for Fiscal Year 13 1991 10 U.S.C. 2391) is amended— 14 (A) by inserting ‘‘and’’ at the end of para- 15 graph (1); 16 (B) by striking ‘‘; and’’ at the end of para- 17 graph (2) and inserting a period; and 18 (C) by striking paragraph (3). 19 (c) DEFENSE ACQUISITION IMPROVEMENT ACT OF 20 1986.—Section 908 of the Defense Acquisition Improve- 21 ment Act of 1986 (as contained in section 101(c) of Public 22 Law 99–500 and identically enacted in section 101(c) of 23 Public Law 99–591 and title IX of Public Law 99–661) 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 101 •HR 1960 IH (10 U.S.C. 2326 note) is amended by striking subsection 1 (b). 2 (d) FOREIGN ASSISTANCE ACT OF 1961.—The For- 3 eign Assistance Act of 1961 is amended as follows: 4 (1) Section 516(f)(1) (22 U.S.C. 2321j(f)(1)) is 5 amended by striking ‘‘excess defense articles that 6 are significant military equipment (as defined in sec- 7 tion 47(9) of the Arms Export Control Act) or’’. 8 (2) Section 656 (22 U.S.C. 2416) is repealed. 9 (e) ARMS EXPORT CONTROL ACT.—Section 36(a) of 10 the Arms Export Control Act (22 U.S.C. 2776(a)) is 11 amended— 12 (1) by striking ‘‘end of each quarter’’ in the 13 matter preceding paragraph (1) and inserting ‘‘end 14 of each fiscal year’’; 15 (2) by striking ‘‘during the fiscal year in 16 which’’ in paragraphs (2) and (3) and inserting 17 ‘‘during the fiscal year for which’’; 18 (3) by striking ‘‘in the quarter of the fiscal year 19 immediately following the quarter’’ in paragraph (5) 20 and inserting ‘‘in the fiscal year’’; 21 (4) by striking paragraph (6); and 22 (5) by striking ‘‘quarter’’ each place it appears 23 in paragraphs (8), (9), and (10) and inserting ‘‘fis- 24 cal year’’. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 102 •HR 1960 IH (f) SECURITY REPORTS.— 1 (1) Section 3151 of the Department of Energy 2 Facilities Safeguards, Security, and Counterintel- 3 ligence Enhancement Act of 1999 (subtitle D of title 4 XXXI of Public Law 106–65; 42 U.S.C. 7383e) is 5 repealed. 6 (2) Section 4507 of the Atomic Energy Defense 7 Act (50 U.S.C. 2658) is repealed. 8 (3) Section 4508 of the Atomic Energy Defense 9 Act (50 U.S.C. 2659) is repealed. 10 (g) INTELLIGENCE REFORM AND TERRORISM PRE- 11 VENTION ACT OF 2004.—Section 3002(c) of the Intel- 12 ligence Reform and Terrorism Prevention Act of 2004 (50 13 U.S.C. 435c(c)) is amended by striking paragraph (4). 14 (h) UNIFORMED AND OVERSEAS CITIZENS ABSEN- 15 TEE VOTING ACT.—Section 105A(b) of the Uniformed 16 and Overseas Citizens Absentee Voting Act (42 U.S.C. 17 1973ff–4a(b)) is amended— 18 (1) in the subsection heading, by striking ‘‘AN- 19 NUAL REPORT’’ and inserting ‘‘BIENNIAL REPORT’’; 20 (2) in the matter preceding paragraph (1)— 21 (A) by striking ‘‘March 31 of each year’’ 22 and inserting ‘‘September 30 of each odd-num- 23 bered year’’; and 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 103 •HR 1960 IH (B) by striking ‘‘the following information’’ 1 and inserting ‘‘the following information with 2 respect to the Federal election held during the 3 preceding calendar year’’; and 4 (3) in paragraph (3), by striking ‘‘In the case 5 of’’ and all that follows through ‘‘a description’’ and 6 inserting ‘‘A description’’. 7 (i) DEPARTMENT OF DEFENSE APPROPRIATIONS 8 ACT, 2002.—Section 8159(c) of the Department of De- 9 fense Appropriations Act, 2002 (division A of Public Law 10 107–117; 115 Stat. 2284), is amended by striking para- 11 graph (7). 12 TITLE XI—CIVILIAN PERSONNEL 13 MATTERS 14 SEC. 1101. EXPANSION OF PROTECTION OF EMPLOYEES OF 15 NONAPPROPRIATED FUND INSTRUMENTAL- 16 ITIES FROM REPRISALS. 17 Section 1587(b) of title 10, United States Code, is 18 amended by inserting ‘‘, threaten to take,’’ after ‘‘take’’ 19 the third place it appears. 20 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 104 •HR 1960 IH TITLE XII—MATTERS RELATING 1 TO FOREIGN NATIONS 2 SEC. 1201. FIVE-YEAR EXTENSION OF AUTHORIZATION FOR 3 NON-CONVENTIONAL ASSISTED RECOVERY 4 CAPABILITIES. 5 Subsection (h) of section 943 of the Duncan Hunter 6 National Defense Authorization Act for Fiscal Year 2009 7 (Public Law 110–417; 122 Stat. 4579), as amended by 8 section 1205(g) of the National Defense Authorization Act 9 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 10 1624), is further amended by striking ‘‘2013’’ and insert- 11 ing ‘‘2018’’. 12 SEC. 1202. INCREASE IN ANNUAL LIMITATION ON TRANS- 13 FER OF EXCESS DEFENSE ARTICLES. 14 Section 516(g)(1) of the Foreign Assistance Act of 15 1961 (22 U.S.C. 2321j(g)(1)) is amended by striking 16 ‘‘$425,000,000’’ and inserting ‘‘$500,000,000’’. 17 TITLE XIII—OTHER 18 AUTHORIZATIONS 19 Subtitle A—Military Programs 20 SEC. 1301. WORKING CAPITAL FUNDS. 21 Funds are hereby authorized to be appropriated for 22 fiscal year 2014 for the use of the Armed Forces and other 23 activities and agencies of the Department of Defense for 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 105 •HR 1960 IH providing capital for Defense Working Capital Funds in 1 the amount of $1,545,827,000. 2 SEC. 1302. NATIONAL DEFENSE SEALIFT FUND. 3 Funds are hereby authorized to be appropriated for 4 fiscal year 2014 for the National Defense Sealift Fund 5 in the amount of $730,700,000. 6 SEC. 1303. JOINT URGENT OPERATIONAL NEEDS FUND. 7 Funds are hereby authorized to be appropriated for 8 fiscal year 2014 for the Joint Urgent Operational Needs 9 Fund in the amount of $98,800,000. 10 SEC. 1304. CHEMICAL AGENTS AND MUNITIONS DESTRUC- 11 TION, DEFENSE. 12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 13 are hereby authorized to be appropriated for the Depart- 14 ment of Defense for fiscal year 2014 for expenses, not oth- 15 erwise provided for, for Chemical Agents and Munitions 16 Destruction, Defense, in the amount of $1,057,123,000, 17 of which— 18 (1) $451,572,000 is for Operation and Mainte- 19 nance; 20 (2) $604,183,000 is for Research, Development, 21 Test, and Evaluation; and 22 (3) $1,368,000 is for Procurement. 23 (b) USE.—Amounts authorized to be appropriated 24 under subsection (a) are authorized for— 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 106 •HR 1960 IH (1) the destruction of lethal chemical agents 1 and munitions in accordance with section 1412 of 2 the Department of Defense Authorization Act, 1986 3 (50 U.S.C. 1521); and 4 (2) the destruction of chemical warfare materiel 5 of the United States that is not covered by section 6 1412 of such Act. 7 SEC. 1305. DRUG INTERDICTION AND COUNTER-DRUG AC- 8 TIVITIES, DEFENSE-WIDE. 9 Funds are hereby authorized to be appropriated for 10 the Department of Defense for fiscal year 2014 for ex- 11 penses, not otherwise provided for, for Drug Interdiction 12 and Counter-Drug Activities, Defense-wide, in the amount 13 of $938,545,000. 14 SEC. 1306. DEFENSE INSPECTOR GENERAL. 15 Funds are hereby authorized to be appropriated for 16 the Department of Defense for fiscal year 2014 for ex- 17 penses, not otherwise provided for, for the Office of the 18 Inspector General of the Department of Defense, in the 19 amount of $312,131,000, of which— 20 (1) $311,131,000 is for Operation and Mainte- 21 nance; and 22 (2) $1,000,000 is for Procurement. 23 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 107 •HR 1960 IH SEC. 1307. DEFENSE HEALTH PROGRAM. 1 Funds are hereby authorized to be appropriated for 2 the Department of Defense for fiscal year 2014 for ex- 3 penses, not otherwise provided for, for the Defense Health 4 Program, in the amount of $33,351,528,000, of which— 5 (1) $31,950,734,000 is for Operation and 6 Maintenance; 7 (2) $729,613,000 is for Research, Development, 8 Test, and Evaluation; and 9 (3) $671,181,000 is for Procurement. 10 Subtitle B—National Defense 11 Stockpile 12 SEC. 1311. AUTHORITY TO ACQUIRE ADDITIONAL MATE- 13 RIALS FOR THE NATIONAL DEFENSE STOCK- 14 PILE. 15 Section 1411 of the National Defense Authorization 16 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 17 1654), is amended— 18 (1) by redesignating subsection (c) as sub- 19 section (d); and 20 (2) by inserting after subsection (b) the fol- 21 lowing new subsection (c): 22 ‘‘(c) ACQUISITION AUTHORITY.—(1) Using funds 23 available in the National Defense Stockpile Transaction 24 Fund, the National Defense Stockpile Manager may ac- 25 quire the following materials determined to be strategic 26 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 108 •HR 1960 IH and critical materials required to meet the defense, indus- 1 trial, and essential civilian needs of the United States: 2 ‘‘(A) Ferroniobium. 3 ‘‘(B) Dysprosium Metal. 4 ‘‘(C) Yttrium Oxide. 5 ‘‘(2) The National Defense Stockpile Manager may 6 use up to $22,000,000 of the National Stockpile Trans- 7 action Fund for acquisition of the materials specified in 8 paragraph (1). 9 ‘‘(3) The authority under this subsection is available 10 for purchases during fiscal year 2014 through fiscal year 11 2019.’’. 12 Subtitle C—Other Matters 13 SEC. 1321. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 14 DEPARTMENT OF DEFENSE-DEPARTMENT OF 15 VETERANS AFFAIRS MEDICAL FACILITY DEM- 16 ONSTRATION FUND FOR CAPTAIN JAMES A. 17 LOVELL HEALTH CARE CENTER, ILLINOIS. 18 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 19 funds authorized to be appropriated for section 507 and 20 available for the Defense Health Program for operation 21 and maintenance, $143,087,000 may be transferred by the 22 Secretary of Defense to the Joint Department of Defense– 23 Department of Veterans Affairs Medical Facility Dem- 24 onstration Fund established by subsection (a)(1) of sec- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 109 •HR 1960 IH tion 1704 of the National Defense Authorization Act for 1 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 2 For purposes of subsection (a)(2) of such section 1704, 3 any funds so transferred shall be treated as amounts au- 4 thorized and appropriated specifically for the purpose of 5 such a transfer. 6 (b) USE OF TRANSFERRED FUNDS.—For the pur- 7 poses of subsection (b) of such section 1704, facility oper- 8 ations for which funds transferred under subsection (a) 9 may be used are operations of the Captain James A. 10 Lovell Federal Health Care Center, consisting of the 11 North Chicago Veterans Affairs Medical Center, the Navy 12 Ambulatory Care Center, and supporting facilities des- 13 ignated as a combined Federal medical facility under an 14 operational agreement covered by section 706 of the Dun- 15 can Hunter National Defense Authorization Act for Fiscal 16 Year 2009 (Public Law 110–417; 122 Stat. 4500). 17 SEC. 1322. AUTHORIZATION OF APPROPRIATIONS FOR 18 ARMED FORCES RETIREMENT HOME. 19 There is hereby authorized to be appropriated for fis- 20 cal year 2014 from the Armed Forces Retirement Home 21 Trust Fund the sum of $67,800,000 for the operation of 22 the Armed Forces Retirement Home. 23 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 110 •HR 1960 IH DIVISION B—MILITARY CON- 1 STRUCTION AUTHORIZA- 2 TIONS 3 SEC. 2001. SHORT TITLE. 4 This division may be cited as the ‘‘Military Construc- 5 tion Authorization Act for Fiscal Year 2014’’. 6 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 7 AMOUNTS REQUIRED TO BE SPECIFIED BY 8 LAW. 9 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE 10 YEARS.—Except as provided in subsection (b), all author- 11 izations contained in titles XXI through XXVII for mili- 12 tary construction projects, land acquisition, family housing 13 projects and facilities, and contributions to the North At- 14 lantic Treaty Organization Security Investment Program 15 (and authorizations of appropriations therefor) shall ex- 16 pire on the later of— 17 (1) October 1, 2016; or 18 (2) the date of the enactment of an Act author- 19 izing funds for military construction for fiscal year 20 2017. 21 (b) EXCEPTION.—Subsection (a) shall not apply to 22 authorizations for military construction projects, land ac- 23 quisition, family housing projects and facilities, and con- 24 tributions to the North Atlantic Treaty Organization Se- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 111 •HR 1960 IH curity Investment Program (and authorizations of appro- 1 priations therefor), for which appropriated funds have 2 been obligated before the later of— 3 (1) October 1, 2016; or 4 (2) the date of the enactment of an Act author- 5 izing funds for fiscal year 2017 for military con- 6 struction projects, land acquisition, family housing 7 projects and facilities, or contributions to the North 8 Atlantic Treaty Organization Security Investment 9 Program. 10 TITLE XXI—ARMY MILITARY 11 CONSTRUCTION 12 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 13 ACQUISITION PROJECTS. 14 (a) INSIDE THE UNITED STATES.—Using amounts 15 appropriated pursuant to the authorization of appropria- 16 tions in section 2103(1), the Secretary of the Army may 17 acquire real property and carry out military construction 18 projects for the installations or locations inside the United 19 States, and in the amounts, set forth in the following 20 table: 21 Army: Inside the United States State Installation Amount Alaska ............................... Fort Wainwright .................................. $103,000,000 Colorado ........................... Fort Carson ......................................... $242,200,000 Florida .............................. Eglin AFB ........................................... $4,700,000 Georgia ............................. Fort Gordon ........................................ $61,000,000 Hawaii .............................. Fort Shafter ........................................ $75,000,000 Kansas .............................. Fort Leavenworth ................................ $17,000,000 Kentucky .......................... Fort Campbell ..................................... $4,800,000 Maryland .......................... Aberdeen Proving Ground ................... $21,000,000 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 112 •HR 1960 IH Army: Inside the United States—Continued State Installation Amount Fort Detrick ........................................ $7,100,000 Missouri ............................ Fort Leonard Wood ............................. $90,700,000 North Carolina ................. Fort Bragg .......................................... $5,900,000 Texas ................................ Fort Bliss ............................................ $46,800,000 Virginia ............................ Joint Base Langley-Eustis .................. $50,000,000 Washington ...................... Joint Base Lewis-McChord ................. $144,000,000 Yakima ................................................ $9,100,000. (b) OUTSIDE THE UNITED STATES.—Using amounts 1 appropriated pursuant to the authorization of appropria- 2 tions in section 2103(2), the Secretary of the Army may 3 acquire real property and carry out military construction 4 projects for the installations or locations outside the 5 United States, and in the amounts, set forth in the fol- 6 lowing table: 7 Army: Outside the United States Country Installation Amount Kwajalein .......................... Kwajalein Atoll ..................................... $63,000,000 Worldwide Classified ......... Classified Location ............................... $33,000,000. SEC. 2102. FAMILY HOUSING. 8 (a) CONSTRUCTION AND ACQUISITION.—Using 9 amounts appropriated pursuant to the authorization of ap- 10 propriations in section 2103(5)(A), the Secretary of the 11 Army may construct or acquire family housing units (in- 12 cluding land acquisition and supporting facilities) at the 13 installations or locations, in the number of units, and in 14 the amounts set forth in the following table: 15 Army: Family Housing Country Installation Units Amount Germany .................. South Camp Vilseck 29 ............................. $16,600,000 Wisconsin ................. Fort McCoy ............. 56 ............................. $23,000,000. VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 113 •HR 1960 IH (b) PLANNING AND DESIGN.—Using amounts appro- 1 priated pursuant to the authorization of appropriations in 2 section 2103(5)(A), the Secretary of the Army may carry 3 out architectural and engineering services and construc- 4 tion design activities with respect to the construction or 5 improvement of family housing units in an amount not 6 to exceed $4,408,000. 7 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 8 Funds are hereby authorized to be appropriated for 9 fiscal years beginning after September 30, 2013, for mili- 10 tary construction, land acquisition, and military family 11 housing functions of the Department of the Army in the 12 total amount of $1,676,754,000 as follows: 13 (1) For military construction projects inside the 14 United States authorized by section 2101(a), 15 $882,300,000. 16 (2) For military construction projects outside 17 the United States authorized by section 2101(b), 18 $96,000,000. 19 (3) For unspecified minor military construction 20 projects authorized by section 2805 of title 10, 21 United States Code, $25,000,000. 22 (4) For architectural and engineering services 23 and construction design under section 2807 of title 24 10, United States Code, $74,575,000. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 114 •HR 1960 IH (5) For military family housing functions: 1 (A) For construction and acquisition, plan- 2 ning and design, and improvement of military 3 family housing and facilities, $44,008,000. 4 (B) For support of military family housing 5 (including the functions described in section 6 2833 of title 10, United States Code), 7 $512,871,000. 8 (6) For the construction of increment 2 of the 9 Cadet Barracks at the United States Military Acad- 10 emy, New York, authorized by section 2101(a) of 11 the Military Construction Authorization Act for Fis- 12 cal Year 2013 (division B of Public Law 112–239; 13 126 Stat. 2119), $42,000,000. 14 SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT 15 CERTAIN FISCAL YEAR 2004 PROJECT. 16 In the case of the authorization contained in the table 17 in section 2101(a) of the Military Construction Authoriza- 18 tion Act for Fiscal Year 2004 (division B of Public Law 19 108–136; 117 Stat. 1697) for Picatinny Arsenal, New 20 Jersey, for construction of an Explosives Research and 21 Development Loading Facility at the installation, the Sec- 22 retary of the Army may use available unobligated balances 23 of amounts appropriated for military construction for the 24 Army to complete work on the project within the scope 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 115 •HR 1960 IH specified for the project in the justification data provided 1 to Congress as part of the request for authorization of 2 the project. 3 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 4 CERTAIN FISCAL YEAR 2011 PROJECT. 5 In the case of the authorization contained in the table 6 in section 2101(a) of the Military Construction Authoriza- 7 tion Act for Fiscal Year 2011 (division B of Public Law 8 111–383; 124 Stat. 4437) for Fort Lewis, Washington, 9 for construction of a Regional Logistic Support Complex 10 at the installation, the Secretary of the Army may con- 11 struct up to 98,381 square yards of Organizational Vehicle 12 Parking. 13 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 14 CERTAIN FISCAL YEAR 2010 PROJECT. 15 In the case of the authorization contained in the table 16 in section 2101(b) of the Military Construction Authoriza- 17 tion Act for Fiscal Year 2010 (division B of Public Law 18 111–84; 123 Stat. 2629) for Camp Arifjan, Kuwait, for 19 construction of APS Warehouses at the camp, the Sec- 20 retary of the Army may construct up to 74,976 square 21 meters of hardstand parking, 22,741 square meters of ac- 22 cess roads, a 6 megawatt power plant, and 50,724 square 23 meters of humidity-controlled warehouses. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 116 •HR 1960 IH SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN 1 FISCAL YEAR 2010 PROJECTS. 2 (a) EXTENSIONS.—Notwithstanding section 2002 of 3 the Military Construction Authorization Act for Fiscal 4 Year 2010 (division B of Public Law 111–84; 123 Stat. 5 2627), the authorizations set forth in the table in sub- 6 section (b), as provided in section 2101 of that Act (123 7 Stat. 2628), shall remain in effect until October 1, 2014, 8 or the date of the enactment of an Act authorizing funds 9 for military construction for fiscal year 2015, whichever 10 is later. 11 (b) TABLE.—The table referred to in subsection (a) 12 is as follows: 13 Army: Extension of 2010 Project Authorizations State/Country Installation or Lo- cation Project Amount Virginia .................... Fort Belvoir ............ Road and Access Control Point. $9,500,000 Washington .............. Fort Lewis .............. Fort Lewis- McChord AFB Joint Access. $9,000,000 Kuwait ...................... Camp Arifjian ......... APS Warehouses .... $82,000,000. SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN 14 FISCAL YEAR 2011 PROJECTS. 15 (a) EXTENSIONS.—Notwithstanding section 2002 of 16 the Military Construction Authorization Act for Fiscal 17 Year 2011 (division B of Public Law 111–383; 124 Stat. 18 4436), the authorizations set forth in the table in sub- 19 section (b), as provided in section 2101 of that Act (124 20 Stat. 4437), shall remain in effect until October 1, 2014, 21 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 117 •HR 1960 IH or the date of the enactment of an Act authorizing funds 1 for military construction for fiscal year 2015, whichever 2 is later. 3 (b) TABLE.—The table referred to in subsection (a) 4 is as follows: 5 Army: Extension of 2011 Project Authorizations State Installation or Lo- cation Project Amount California ................. Presidio of Monterey Advanced Individual Training Barracks. $63,000,000 Georgia .................... Fort Benning ........... Land Acquisition ..... $12,200,000 New Mexico ............. White Sands Missile Range. Barracks .................. $29,000,000 Germany .................. Wiesbaden AB ......... Access Control Point $5,100,000. TITLE XXII—NAVY MILITARY 6 CONSTRUCTION 7 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 8 ACQUISITION PROJECTS. 9 (a) INSIDE THE UNITED STATES.—Using amounts 10 appropriated pursuant to the authorization of appropria- 11 tions in section 2204(1), the Secretary of the Navy may 12 acquire real property and carry out military construction 13 projects for the installations or locations inside the United 14 States, and in the amounts, set forth in the following 15 table: 16 Navy: Inside the United States State Installation Amount California .......................... Camp 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 Florida .............................. Jacksonville .......................................... $20,752,000 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 118 •HR 1960 IH Navy: Inside the United States—Continued State Installation Amount Key West ............................................. $14,001,000 Mayport ............................................... $16,093,000 Georgia ............................. Albany .................................................. $16,610,000 Savannah ............................................. $61,717,000 Hawaii .............................. Kaneohe Bay ....................................... $236,982,000 Pearl City ............................................ $30,100,000 Pearl Harbor ....................................... $57,998,000 Illinois .............................. Great Lakes ......................................... $35,851,000 Maine ................................ Bangor ................................................. $13,800,000 Kittery ................................................. $11,522,000 Maryland .......................... Fort Meade .......................................... $83,988,000 Nevada ............................. Fallon .................................................. $11,334,000 North Carolina ................. Camp Lejeune ..................................... $77,999,000 New River ............................................ $45,863,000 Oklahoma ......................... Tinker AFB ......................................... $14,144,000 Rhode Island .................... Newport ............................................... $12,422,000 South Carolina ................. Charleston ............................................ $73,932,000 Virginia ............................ Norfolk ................................................. $3,380,000 Quantico .............................................. $38,374,000 Yorktown ............................................. $18,700,000 Dam Neck ............................................ $10,587,000 Washington ...................... Whidbey Island .................................... $117,649,000 Bremerton ............................................ $18,189,000. (b) OUTSIDE THE UNITED STATES.—Using amounts 1 appropriated pursuant to the authorization of appropria- 2 tions in section 2204(2), the Secretary of the Navy may 3 acquire real property and carry out military construction 4 projects for the installation or location outside the United 5 States, and in the amounts, set forth in the following 6 table: 7 Navy: Outside the United States Country Installation Amount Djibouti ............................ Camp Lemonier ................................... $29,000,000 Guam ................................ Joint Region Marianas ........................ $318,377,000 Japan ............................... Yokosuka ............................................. $7,568,000 Camp Butler ........................................ $5,820,000. SEC. 2202. FAMILY HOUSING. 8 Using amounts appropriated pursuant to the author- 9 ization of appropriations in section 2204(5)(A), the Sec- 10 retary of the Navy may carry out architectural and engi- 11 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 119 •HR 1960 IH neering services and construction design activities with re- 1 spect to the construction or improvement of family hous- 2 ing units in an amount not to exceed $4,438,000. 3 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 4 UNITS. 5 Subject to section 2825 of title 10, United States 6 Code, and using amounts appropriated pursuant to the 7 authorization of appropriations in section 2204(5)(A), the 8 Secretary of the Navy may improve existing military fam- 9 ily housing units in an amount not to exceed $68,969,000. 10 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 11 Funds are hereby authorized to be appropriated for 12 fiscal years beginning after September 30, 2013, for mili- 13 tary construction, land acquisition, and military family 14 housing functions of the Department of the Navy in the 15 total amount of $2,163,520,000, as follows: 16 (1) For military construction projects inside the 17 United States authorized by section 2201(a), 18 $1,205,054,000. 19 (2) For military construction projects outside 20 the United States authorized by section 2201(b), 21 $360,765,000. 22 (3) For unspecified minor military construction 23 projects authorized by section 2805 of title 10, 24 United States Code, $19,740,000. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 120 •HR 1960 IH (4) For architectural and engineering services 1 and construction design under section 2807 of title 2 10, United States Code, $89,830,000. 3 (5) For military family housing functions: 4 (A) For construction and acquisition, plan- 5 ning and design, and improvement of military 6 family housing and facilities, $73,407,000. 7 (B) For support of military family housing 8 (including functions described in section 2833 9 of title 10, United States Code), $389,844,000. 10 (6) For the construction of increment 3 of the 11 Explosives Handling Wharf No. 2 at Kitsap, Wash- 12 ington, authorized by section 2201(a) of the Military 13 Construction Authorization Act for Fiscal Year 2012 14 (division B of Public Law 112–81; 125 Stat. 1666), 15 as amended by section 2205 of the Military Con- 16 struction Authorization Act for Fiscal Year 2013 17 (division B of Public Law 112–239; 126 Stat. 2124) 18 $24,880,000. 19 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 20 CERTAIN FISCAL YEAR 2011 PROJECT. 21 In the case of the authorization contained in the table 22 in section 2201(b) of the Military Construction Authoriza- 23 tion Act for Fiscal Year 2011 (division B of Public Law 24 111–383; 124 Stat. 4441), for Southwest Asia Bahrain, 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 121 •HR 1960 IH for construction of Navy Central Command Ammunition 1 Magazines at that location, the Secretary of the Navy may 2 construct additional Type C earth covered magazines (to 3 provide a project total of eighteen), ten new modular stor- 4 age magazines, an inert storage facility, a maintenance 5 and ground support equipment facility, concrete pads for 6 portable ready service lockers, and associated supporting 7 facilities using appropriations available for the project. 8 SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT 9 CERTAIN FISCAL YEAR 2012 PROJECT. 10 In the case of the authorization contained in the table 11 in section 2201(a) of the Military Construction Authoriza- 12 tion Act for Fiscal Year 2012 (division B of Public Law 13 112–81; 125 Stat. 1666), for Kitsap Washington, for con- 14 struction of Explosives Handling Wharf No. 2 at that lo- 15 cation, the Secretary of the Navy may construct new hard- 16 ened facilities in lieu of hardening existing structures and 17 may construct a new facility to replace the existing Coast 18 Guard Maritime Force Protection Unit and the Naval Un- 19 dersea Warfare Command unhardened facilities using ap- 20 propriations available for the project. 21 SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN 22 FISCAL YEAR 2011 PROJECTS. 23 (a) EXTENSION.—Notwithstanding section 2002 of 24 the Military Construction Authorization Act for Fiscal 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 122 •HR 1960 IH Year 2011 (division B of Public Law 111–383; 124 Stat. 1 4436), the authorization set forth in the table in sub- 2 section (b), as provided in section 2201 of that Act (124 3 Stat. 4441), shall remain in effect until October 1, 2014, 4 or the date of the enactment of an Act authorizing funds 5 for military construction for fiscal year 2015, whichever 6 is later. 7 (b) TABLE.—The table referred to in subsection (a) 8 is as follows: 9 Navy: Extension of 2011 Project Authorizations State/Country Installation or Lo- cation Project Amount Bahrain Island ......... SW Asia ................... Navy Central Com- mand Ammunition Magazines. $89,280,000. SEC. 2208. EXTENSION OF AUTHORIZATIONS OF CERTAIN 10 FISCAL YEAR 2011 PROJECT. 11 (a) EXTENSION.—Notwithstanding section 2002 of 12 the Military Construction Authorization Act for Fiscal 13 Year 2011 (division B of Public Law 111–383; 124 Stat. 14 4436), the authorization set forth in the table in sub- 15 section (b), as provided in section 2201 of that Act (124 16 Stat. 4441), shall remain in effect until October 1, 2015, 17 or the date of the enactment of an Act authorizing funds 18 for military construction for fiscal year 2016, whichever 19 is later. 20 (b) TABLE.—The table referred to in subsection (a) 21 is as follows: 22 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 123 •HR 1960 IH Navy: Extension of 2011 Project Authorizations State/Country Installation or Lo- cation Project Amount Guam ....................... Guam ....................... Defense Access Roads Improve- ments. $66,730,000. TITLE XXIII—AIR FORCE 1 MILITARY CONSTRUCTION 2 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 3 LAND ACQUISITION PROJECTS. 4 (a) INSIDE THE UNITED STATES.—Using amounts 5 appropriated pursuant to the authorization of appropria- 6 tions in section 2304(1), the Secretary of the Air Force 7 may acquire real property and carry out military construc- 8 tion projects for the installations or locations inside the 9 United States, and in the amounts, set forth in the fol- 10 lowing table: 11 Air Force: Inside the United States State Installation Amount Arizona .............................. Luke AFB ............................................. $26,900,000 California .......................... Beale AFB ............................................ $62,000,000 Florida .............................. Tyndall AFB ......................................... $9,100,000 Hawaii ............................... Joint Base Pearl Harbor-Hickam ........ $4,800,000 Kentucky ........................... Fort Campbell ....................................... $8,000,000 Maryland ........................... Fort Meade ........................................... $358,000,000 Joint Base Andrews .............................. $30,000,000 Missouri ............................ Whiteman AFB .................................... $5,900,000 Nevada .............................. Nellis AFB ............................................ $78,500,000 New Mexico ....................... Cannon AFB ......................................... $34,100,000 Holloman AFB ..................................... $2,250,000 Kirtland AFB ....................................... $30,500,000 North Dakota .................... Minot AFB ........................................... $23,830,000 Oklahoma .......................... Tinker AFB .......................................... $8,600,000 Texas ................................. Fort Bliss .............................................. $3,350,000 Utah .................................. Hill AFB ............................................... $32,000,000 Virginia ............................. Joint Base Langley-Eustis ................... $4,800,000 Unspecified ........................ Unspecified Locations ........................... $255,700,000. (b) OUTSIDE THE UNITED STATES.—Using amounts 12 appropriated pursuant to the authorization of appropria- 13 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 124 •HR 1960 IH tions in section 2304(2), the Secretary of the Air Force 1 may acquire real property and carry out military construc- 2 tion projects for the installations or locations outside the 3 United States, and in the amounts, set forth in the fol- 4 lowing table: 5 Air Force: Outside the United States Country Installation Amount Greenland .......................... Thule AB .............................................. $43,904,000 Guam ................................ Joint Region Marianas ......................... $176,230,000 Mariana Islands ................ Saipan ................................................... $29,300,000 United Kingdom ............... RAF Lakenheath .................................. $22,047,000 RAF Croughton .................................... $12,000,000. SEC. 2302. FAMILY HOUSING. 6 Using amounts appropriated pursuant to the author- 7 ization of appropriations in section 2304(5)(A), the Sec- 8 retary of the Air Force may carry out architectural and 9 engineering services and construction design activities 10 with respect to the construction or improvement of family 11 housing units in an amount not to exceed $4,267,000. 12 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 13 UNITS. 14 Subject to section 2825 of title 10, United States 15 Code, and using amounts appropriated pursuant to the 16 authorization of appropriations in section 2304(5)(A), the 17 Secretary of the Air Force may improve existing military 18 family housing units in an amount not to exceed 19 $72,093,000. 20 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 125 •HR 1960 IH SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 1 FORCE. 2 Funds are hereby authorized to be appropriated for 3 fiscal years beginning after September 30, 2013, for mili- 4 tary construction, land acquisition, and military family 5 housing functions of the Department of the Air Force in 6 the total amount of $1,621,531,000, as follows: 7 (1) For military construction projects inside the 8 United States authorized by section 2301(a), 9 $705,330,000. 10 (2) For military construction projects outside 11 the United States authorized by section 2301(b), 12 $283,481,000. 13 (3) For unspecified minor military construction 14 projects authorized by section 2805 of title 10, 15 United States Code, $20,448,000. 16 (4) For architectural and engineering services 17 and construction design under section 2807 of title 18 10, United States Code, $11,314,000. 19 (5) For military family housing functions: 20 (A) For construction and acquisition, plan- 21 ning and design, and improvement of military 22 family housing and facilities, $76,360,000. 23 (B) For support of military family housing 24 (including functions described in section 2833 25 of title 10, United States Code), $388,598,000. 26 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 126 •HR 1960 IH (6) For the construction of increment 3 of the 1 United States Strategic Command Replacement Fa- 2 cility at Offutt Air Force Base, Nebraska, author- 3 ized by section 2301(a) of the Military Construction 4 Authorization Act for Fiscal Year 2012 (division B 5 of the Public Law 112–81; 125 Stat. 1670), 6 $136,000,000. 7 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 8 FISCAL YEAR 2011 PROJECT. 9 (a) EXTENSION.—Notwithstanding section 2002 of 10 the Military Construction Authorization Act for Fiscal 11 Year 2011 (division B of Public Law 111–383; 124 Stat. 12 4436), the authorization set forth in the table in sub- 13 section (b), as provided in section 2301 of that Act (124 14 Stat. 4444), shall remain in effect until October 1, 2014, 15 or the date of the enactment of an Act authorizing funds 16 for military construction for fiscal year 2015, whichever 17 is later. 18 (b) TABLE.—The table referred to in subsection (a) 19 is as follows: 20 Air Force: Extension of 2011 Project Authorizations State Installation or Lo- cation Project Amount Bahrain, SW Asia .... Shaikh Isa AB ......... North Apron Expan- sion. $45,000,000. VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 127 •HR 1960 IH TITLE XXIV—DEFENSE AGEN- 1 CIES MILITARY CONSTRUC- 2 TION 3 Subtitle A—Defense Agency 4 Authorizations 5 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC- 6 TION AND LAND ACQUISITION PROJECTS. 7 (a) INSIDE THE UNITED STATES.—Using amounts 8 appropriated pursuant to the authorization of appropria- 9 tions in section 2403(1), the Secretary of Defense may 10 acquire real property and carry out military construction 11 projects for the installations or locations inside the United 12 States, and in the amounts, set forth in the following 13 table: 14 Defense Agencies: Inside the United States State Installation Amount Alaska ............................... Clear AFS ............................................ $17,204,000 Fort Greely .......................................... $82,000,000 California .......................... Miramar ............................................... $6,000,000 Defense Distribution Depot-Tracy ...... $37,554,000 Brawley ................................................ $23,095,000 Colorado ........................... Fort Carson ......................................... $22,282,000 Florida .............................. Hurlburt Field ..................................... $7,900,000 Jacksonville .......................................... $7,500,000 Tyndall AFB ....................................... $9,500,000 Key West ............................................. $3,600,000 Panama City ........................................ $2,600,000 Georgia ............................. Fort Benning ....................................... $43,335,000 Fort Stewart ........................................ $44,504,000 Moody AFB ......................................... $3,800,000 Hunter Army Airfield .......................... $13,500,000 Hawaii .............................. Joint Base Pearl Harbor-Hickam ....... $2,800,000 Ford Island .......................................... $2,615,000 Kentucky .......................... Fort Campbell ..................................... $124,211,000 Fort Knox ............................................ $303,023,000 Maryland .......................... Aberdeen Proving Ground ................... $210,000,000 Bethesda Naval Hospital ..................... $66,800,000 Massachusetts .................. Hanscom AFB ..................................... $36,213,000 New Jersey ....................... Joint Base McGuire-Dix-Lakehurst .... $10,000,000 New Mexico ...................... Holloman AFB .................................... $81,400,000 North Carolina ................. Camp Lejeune ..................................... $43,377,000 Fort Bragg .......................................... $172,065,000 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 128 •HR 1960 IH Defense Agencies: Inside the United States—Continued State Installation Amount North Dakota ................... Minot AFB .......................................... $6,400,000 Oklahoma ......................... Tinker AFB ......................................... $36,000,000 Altus AFB ........................................... $2,100,000 Pennsylvania .................... Defense Distribution Depot New Cum- berland. $9,000,000 South Carolina ................. Beaufort ............................................... $41,324,000 Tennessee ......................... Arnold Air Force Base ........................ $2,200,000 Texas ................................ Joint Base San Antonio ...................... $12,600,000 Virginia ............................ Joint 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 Washington ...................... Whidbey Island .................................... $10,000,000. (b) OUTSIDE THE UNITED STATES.—Using amounts 1 appropriated pursuant to the authorization of appropria- 2 tions in section 2403(2), the Secretary of Defense may 3 acquire real property and carry out military construction 4 projects for the installations or locations outside the 5 United States, and in the amounts, set forth in the fol- 6 lowing table: 7 Defense Agencies: Outside the United States Country Installation Amount Bahrain Island ................. SW Asia ............................................... $45,400,000 Belgium ............................ Brussels ............................................... $67,613,000 Germany ........................... Wiesbaden ............................................ $109,655,000 Kaiserlautern AB ................................ $49,907,000 Ramstein AB ....................................... $98,762,000 Japan ............................... Iwakuni ................................................ $34,000,000 Kadena AB .......................................... $38,792,000 Yokosuka ............................................. $10,600,000 Atsugi .................................................. $4,100,000 Torri Commo Station .......................... $71,451,000 Korea ................................ Camp Walker ....................................... $52,164,000 United Kingdom ............... RAF Mildenhall ................................... $84,629,000 Royal Air Force Lakenheath ............... $69,638,000 Worldwide Classified ........ Classified Location .............................. $15,000,000. VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 129 •HR 1960 IH SEC. 2402. AUTHORIZED ENERGY CONSERVATION 1 PROJECTS. 2 Using amounts appropriated pursuant to the author- 3 ization of appropriations in section 2403(6), the Secretary 4 of Defense may carry out energy conservation projects 5 under chapter 173 of title 10, United States Code, in the 6 amount of $150,000,000. 7 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE- 8 FENSE AGENCIES. 9 Funds are hereby authorized to be appropriated for 10 fiscal years beginning after September 30, 2013, for mili- 11 tary construction, land acquisition, and military family 12 housing functions of the Department of Defense (other 13 than the military departments) in the total amount of 14 $4,042,925,000, as follows: 15 (1) For military construction projects inside the 16 United States authorized by section 2401(a), 17 $1,725,089,000. 18 (2) For military construction projects outside 19 the United States authorized by section 2401(b), 20 $751,711,000. 21 (3) For unspecified minor military construction 22 projects under section 2805 of title 10, United 23 States Code, $43,817,000. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 130 •HR 1960 IH (4) For contingency construction projects of the 1 Secretary of Defense under section 2804 of title 10, 2 United States Code, $10,000,000. 3 (5) For architectural and engineering services 4 and construction design under section 2807 of title 5 10, United States Code, $237,838,000. 6 (6) For energy conservation projects under 7 chapter 173 of title 10, United States Code, 8 $150,000,000. 9 (7) For military family housing functions: 10 (A) For support of military family housing 11 (including functions described in section 2833 12 of title 10, United States Code), $55,845,000. 13 (B) For credits to the Department of De- 14 fense Family Housing Improvement Fund 15 under section 2883 of title 10, United States 16 Code, and the Homeowners Assistance Fund es- 17 tablished under section 1013 of the Demonstra- 18 tion Cities and Metropolitan Development Act 19 of 1966 (42 U.S.C. 3374), $1,780,000. 20 (8) For the construction of increment 8 of the 21 Army Medical Research Institute of Infectious Dis- 22 eases Stage I at Fort Detrick, Maryland, authorized 23 by section 2401(a) of the Military Construction Au- 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 131 •HR 1960 IH thorization Act of Fiscal Year 2007 (division B of 1 Public Law 109–364; 120 Stat. 2457), $13,000,000. 2 (9) For the construction of increment 5 of the 3 hospital at Fort Bliss, Texas, authorized by section 4 2401(a) of the Military Construction Authorization 5 Act for Fiscal Year 2010 (division B of Public Law 6 111–84; 123 Stat. 2642), $252,100,000. 7 (10) For the construction of increment 3 of the 8 High Performance Computing Center at Fort 9 Meade, Maryland, authorized by section 2401(a) of 10 the Military Construction Authorization Act for Fis- 11 cal Year 2012 (division B of Public Law 112–81; 12 125 Stat. 1672), as amended by section 2404(a) of 13 the Military Construction Authorization Act for Fis- 14 cal Year 2013 (division B of Public Law 112–239; 15 126 Stat. 2131), $431,000,000. 16 (11) For the construction of increment 3 of the 17 Medical Center Replacement at Rhine Ordnance 18 Barracks, Germany, authorized by section 2401(b) 19 of the Military Construction Authorization Act for 20 Fiscal Year 2012 (division B of Public Law 112–81; 21 125 Stat. 1673), as amended by section 2404(b) of 22 the Military Construction Authorization Act for Fis- 23 cal Year 2013 (division B of Public Law 112–239; 24 126 Stat. 2131), $151,545,000. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 132 •HR 1960 IH (12) For the construction of increment 2 of the 1 Ambulatory Care Center at Joint Base Andrews, 2 Maryland, authorized by section 2401(a) of the Mili- 3 tary Construction Authorization Act for Fiscal Year 4 2012 (division B of Public Law 112–81; 125 Stat. 5 1673), $76,200,000. 6 (13) For the construction of increment 2 of the 7 NSAW Recapitalize Building #1 at Fort Meade, 8 Maryland, authorized by section 2401(a) of the Mili- 9 tary Construction Authorization Act for Fiscal Year 10 2013 (division B of Public Law 112–239; 126 Stat. 11 2127), $58,000,000. 12 (14) For the construction of increment 2 of the 13 Aegis Ashore Missile Defense System Complex at 14 Deveselu, Romania, authorized by section 2401(b) of 15 the Military Construction Authorization Act for Fis- 16 cal Year 2013 (division B of Public Law 112–239; 17 126 Stat. 2128), $85,000,000. 18 Subtitle B—Chemical 19 Demilitarization Authorizations 20 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM- 21 ICAL DEMILITARIZATION CONSTRUCTION, 22 DEFENSE-WIDE. 23 Funds are hereby authorized to be appropriated for 24 fiscal years beginning after September 30, 2013, for the 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 133 •HR 1960 IH construction of phase XIV of a munitions demilitarization 1 facility at Blue Grass Army Depot, Kentucky, authorized 2 by section 2401(a) of the Military Construction Authoriza- 3 tion Act for Fiscal Year 2000 (division B of Public Law 4 106–65; 113 Stat. 835), as amended by section 2405 of 5 the Military Construction Authorization Act for Fiscal 6 Year 2002 (division B of Public Law 107–107; 115 Stat. 7 1298), section 2405 of the Military Construction Author- 8 ization Act for Fiscal Year 2003 (division B of Public Law 9 107–314; 116 Stat. 2698), section 2414 of the Military 10 Construction Authorization Act for Fiscal Year 2009 (di- 11 vision B of Public Law 110–417; 122 Stat. 4697), and 12 section 2412 of the Military Construction Authorization 13 Act for Fiscal Year 2011 (division B of Public Law 111– 14 383; 124 Stat. 4450), $122,536,000. 15 TITLE XXV—NORTH ATLANTIC 16 TREATY ORGANIZATION SE- 17 CURITY INVESTMENT PRO- 18 GRAM 19 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 20 ACQUISITION PROJECTS. 21 The Secretary of Defense may make contributions for 22 the North Atlantic Treaty Organization Security Invest- 23 ment Program as provided in section 2806 of title 10, 24 United States Code, in an amount not to exceed the sum 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 134 •HR 1960 IH of the amount authorized to be appropriated for this pur- 1 pose in section 2502 and the amount collected from the 2 North Atlantic Treaty Organization as a result of con- 3 struction previously financed by the United States. 4 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 5 Funds are hereby authorized to be appropriated for 6 fiscal years beginning after September 30, 2012, for con- 7 tributions by the Secretary of Defense under section 2806 8 of title 10, United States Code, for the share of the United 9 States of the cost of projects for the North Atlantic Treaty 10 Organization Security Investment Program authorized by 11 section 2501, in the amount of $239,700,000. 12 TITLE XXVI—GUARD AND 13 RESERVE FORCES FACILITIES 14 Subtitle A—Project Authorizations 15 and Authorization of Appropria- 16 tions 17 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON- 18 STRUCTION AND LAND ACQUISITION 19 PROJECTS. 20 (a) INSIDE THE UNITED STATES.—Using amounts 21 appropriated pursuant to the authorization of appropria- 22 tions in section 2606(1), the Secretary of the Army may 23 acquire real property and carry out military construction 24 projects for the Army National Guard locations inside the 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 135 •HR 1960 IH United States, and in the amounts, set forth in the fol- 1 lowing table: 2 Army National Guard: Inside the United States State Installation Amount Alabama ............................ Decatur ................................................. $4,000,000 Arkansas ........................... Fort Chaffee ......................................... $21,000,000 Florida .............................. Pinellas Park ........................................ $5,700,000 Illinois ............................... Kankakee .............................................. $42,000,000 Massachusetts ................... Camp Edwards ..................................... $19,000,000 Michigan ........................... Camp Grayling ...................................... $17,000,000 Minnesota .......................... Stillwater ............................................... $17,000,000 Mississippi ......................... Camp Shelby ......................................... $3,000,000 Pascagoula ............................................ $4,500,000 Missouri ............................ Whiteman AFB .................................... $5,000,000 Macon ................................................... $9,100,000 New York .......................... New York .............................................. $31,000,000 Ohio ................................... Ravenna Army Ammunition Plant ....... $5,200,000 Pennsylvania ..................... Fort Indiantown Gap ............................ $40,000,000 South Carolina .................. Greenville .............................................. $26,000,000 Texas ................................. Fort Worth ........................................... $14,270,000 Wyoming ........................... Afton ..................................................... $10,200,000. (b) OUTSIDE THE UNITED STATES.—Using amounts 3 appropriated pursuant to the authorization of appropria- 4 tions in section 2606(1), the Secretary of the Army may 5 acquire real property and carry out military construction 6 projects for the Army National Guard locations outside 7 the United States, and in the amounts, set forth in the 8 following table: 9 Army National Guard: Outside the United States Country Installation Amount Puerto Rico ........................ Camp Santiago ........................................ $5,600,000. SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 10 AND LAND ACQUISITION PROJECTS. 11 Using amounts appropriated pursuant to the author- 12 ization of appropriations in section 2606(2), the Secretary 13 of the Army may acquire real property and carry out mili- 14 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 136 •HR 1960 IH tary construction projects for the Army Reserve locations 1 inside the United States, and in the amounts, set forth 2 in the following table: 3 Army Reserve State Installation Amount California .......................... Fort Hunter Liggett ............................. $16,500,000 Camp Parks .......................................... $17,500,000 Maryland ........................... Bowie .................................................... $25,500,000 New Jersey ....................... Joint Base McGuire-Dix-Lakehurst ..... $36,200,000 New York .......................... Bullville ................................................. $14,500,000 North Carolina .................. Fort Bragg ............................................ $24,500,000 Wisconsin .......................... Fort McCoy ........................................... $23,400,000. SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 4 CORPS RESERVE CONSTRUCTION AND LAND 5 ACQUISITION PROJECTS. 6 Using amounts appropriated pursuant to the author- 7 ization of appropriations in section 2606(3), the Secretary 8 of the Navy may acquire real property and carry out mili- 9 tary construction projects for the Navy Reserve and Ma- 10 rine Corps Reserve locations inside the United States, and 11 in the amounts, set forth in the following table: 12 Navy Reserve and Marine Corps Reserve State Installation Amount California .......................... March AFB ........................................... $11,086,000 Missouri ............................ Kansas City .......................................... $15,020,000 Tennessee .......................... Memphis ................................................ $4,330,000. SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC- 13 TION AND LAND ACQUISITION PROJECTS. 14 Using amounts appropriated pursuant to the author- 15 ization of appropriations in section 2606(4), the Secretary 16 of the Air Force may acquire real property and carry out 17 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 137 •HR 1960 IH military construction projects for the Air National Guard 1 locations inside the United States, and in the amounts, 2 set forth in the following table: 3 Air National Guard State Installation Amount Alabama ............................ Birmingham IAP .................................. $8,500,000 Indiana .............................. Hulman Regional Airport ..................... $7,300,000 Maryland ........................... Fort Meade ........................................... $4,000,000 Martin State Airport ............................ $12,900,000 Montana ............................ Great Falls IAP .................................... $22,000,000 New York .......................... Fort Drum ............................................ $4,700,000 Ohio ................................... Springfield Beckley-Map ....................... $7,200,000 Pennsylvania ..................... Fort Indiantown Gap ............................ $7,700,000 Rhode Island ..................... Quonset State Airport .......................... $6,000,000 Tennessee .......................... McGhee-Tyson Airport ......................... $18,000,000. SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC- 4 TION AND LAND ACQUISITION PROJECTS. 5 Using amounts appropriated pursuant to the author- 6 ization of appropriations in section 2606(5), the Secretary 7 of the Air Force may acquire real property and carry out 8 military construction projects for the Air Force Reserve 9 locations inside the United States, and in the amounts, 10 set forth in the following table: 11 Air Force Reserve State Installation Amount California .......................... March AFB ........................................... $19,900,000 Florida .............................. Homestead AFS ................................... $9,800,000 Oklahoma .......................... Tinker AFB .......................................... $12,200,000. SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA- 12 TIONAL GUARD AND RESERVE. 13 Funds are hereby authorized to be appropriated for 14 fiscal years beginning after September 30, 2013, for the 15 costs of acquisition, architectural and engineering services, 16 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 138 •HR 1960 IH and construction of facilities for the Guard and Reserve 1 Forces, and for contributions therefor, under chapter 2 1803 of title 10, United States Code (including the cost 3 of acquisition of land for those facilities), in the following 4 amounts: 5 (1) For the Department of the Army, for the 6 Army National Guard of the United States, 7 $320,815,000. 8 (2) For the Department of the Army, for the 9 Army Reserve, $174,060,000. 10 (3) For the Department of the Navy, for the 11 Navy and Marine Corps Reserve, $32,976,000. 12 (4) For the Department of the Air Force, for 13 the Air National Guard of the United States, 14 $119,800,000. 15 (5) For the Department of the Air Force, for 16 the Air Force Reserve, $45,659,000. 17 Subtitle B—Other Matters 18 SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT 19 CERTAIN FISCAL YEAR 2013 PROJECT. 20 In the case of the authorization contained in the table 21 in section 2603 of the Military Construction Authorization 22 Act for Fiscal Year 2013 (division B of Public Law 112– 23 239; 126 Stat. 2135), for Fort Des Moines, Iowa, for con- 24 struction of a Joint Reserve Center at that location, the 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 139 •HR 1960 IH Secretary of the Navy may, instead of constructing a new 1 facility at Camp Dodge, acquire up to approximately 20 2 acres to construct a Joint Reserve Center and associated 3 supporting facilities in the greater Des Moines, Iowa area 4 using appropriations available for the project. 5 SEC. 2612. EXTENSION OF AUTHORIZATION OF CERTAIN 6 FISCAL YEAR 2011 PROJECT. 7 (a) EXTENSION.—Notwithstanding section 2002 of 8 the Military Construction Authorization Act for Fiscal 9 Year 2011 (division B of Public Law 111–383; 124 Stat. 10 4436), the authorization set forth in the table in section 11 2604 of the Military Construction Authorization Act for 12 Fiscal Year 2011 (division B of Public Law 111–383; 124 13 Stat. 4454) for Nashville International Airport, Ten- 14 nessee, shall remain in effect until October 1, 2014, or 15 the date of the enactment of an Act authorizing funds for 16 military construction for fiscal year 2015, whichever is 17 later. 18 (b) TABLE.—The table referred to in subsection (a) 19 is as follows: 20 State Installation or Lo- cation Project Amount Tennessee ................. Nashville Inter- national Airport. Intelligence Group and Remotely Pi- loted Aircraft Re- mote Split Oper- ations Group. $5,500,000. VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 140 •HR 1960 IH SEC. 2613. EXTENSION OF AUTHORIZATION OF CERTAIN 1 FISCAL YEAR 2011 PROJECT. 2 (a) EXTENSION.—Notwithstanding section 2002 of 3 the Military Construction Authorization Act for Fiscal 4 Year 2011 (division B of Public Law 111–383; 124 Stat. 5 4436), the authorization set forth in the table in sub- 6 section (b), as provided in section 2601 of that Act (124 7 Stat. 4452), for Camp Santiago, Puerto Rico, shall remain 8 in effect until October 1, 2014, or the date of the enact- 9 ment of an Act authorizing funds for military construction 10 for fiscal year 2015, whichever is later. 11 (b) TABLE.—The table referred to in subsection (a) 12 is as follows: 13 State Installation or Lo- cation Project Amount Puerto Rico ............... Camp Santiago ......... Multi Purpose Ma- chine Gun Range. $9,200,000. TITLE XXVII—BASE REALIGN- 14 MENT AND CLOSURE ACTIVI- 15 TIES 16 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 17 BASE REALIGNMENT AND CLOSURE ACTIVI- 18 TIES FUNDED THROUGH DEPARTMENT OF 19 DEFENSE BASE CLOSURE ACCOUNT. 20 Funds are hereby authorized to be appropriated for 21 fiscal years beginning after September 30, 2013, for base 22 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 141 •HR 1960 IH realignment and closure activities, including real property 1 acquisition and military construction projects, as author- 2 ized by the Defense Base Closure and Realignment Act 3 of 1990 (part A of title XXIX of Public Law 101–510; 4 10 U.S.C. 2687 note) and funded through the Department 5 of Defense Base Closure Account 1990 established by sec- 6 tion 2906 of such Act, in the total amount of 7 $451,357,000, as follows: 8 (1) For the Department of the Army, 9 $180,401,000. 10 (2) For the Department of the Navy, 11 $144,580,000. 12 (3) For the Department of the Air Force, 13 $126,376,000. 14 TITLE XXVIII—MILITARY CON- 15 STRUCTION GENERAL PROVI- 16 SIONS 17 Subtitle A—Military Construction 18 Program Changes 19 SEC. 2801. REVISIONS TO MINOR MILITARY CONSTRUCTION 20 AUTHORITIES. 21 (a) ESTABLISHMENT OF MINOR MILITARY CON- 22 STRUCTION EXCEPTION THRESHOLD.—Subsection (a) of 23 section 2805 of title 10, United States Code, is amended 24 by adding at the end the following new paragraph: 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 142 •HR 1960 IH ‘‘(3) For purposes of this section, the minor military 1 construction exception threshold is $4,000,000.’’. 2 (b) INCREASE IN DOLLAR THRESHOLDS FOR CER- 3 TAIN AUTHORITIES RELATING TO UNSPECIFIED MINOR 4 MILITARY CONSTRUCTION.— 5 (1) MAXIMUM AMOUNT FOR PROJECTS TO COR- 6 RECT DEFICIENCIES THAT ARE LIFE-, HEALTH-, OR 7 SAFETY-THREATENING.—Subsection (a)(2) of such 8 section is amended by striking ‘‘$3,000,000’’ in the 9 second sentence and inserting ‘‘the minor military 10 construction exception threshold’’. 11 (2) MAXIMUM AMOUNT FOR GENERAL RULE 12 FOR PROJECTS FOR WHICH O&M FUNDS MAY BE 13 USED.—Subsection (c) of such section is amended 14 by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’. 15 (c) MINIMUM AMOUNT FOR PROJECTS SUBJECT TO 16 SECRETARIAL APPROVAL AND CONGRESSIONAL NOTICE- 17 AND-WAIT.—Subsection (b)(1) of such section is amended 18 by striking ‘‘$750,000’’ and inserting ‘‘the amount speci- 19 fied in subsection (c)’’. 20 (d) MODIFICATION AND EXTENSION OF AUTHORITY 21 FOR LABORATORY REVITALIZATION PROJECTS.— 22 (1) MODIFICATION.—Subsection (d) of such 23 section is amended— 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 143 •HR 1960 IH (A) in paragraph (1)(A), by striking ‘‘not 1 more than $2,000,000’’ and inserting ‘‘not 2 more than $4,000,000, notwithstanding sub- 3 section (c)’’; and 4 (B) in paragraph (2), by striking ‘‘(2)’’ 5 and inserting ‘‘(2) For purposes of this sub- 6 section, an unspecified minor military construc- 7 tion project is a military construction project 8 that (notwithstanding subsection (a)) has an 9 approved cost equal to or less than 10 $4,000,000.’’. 11 (2) EFFECTIVE DATE.—The amendments made 12 by paragraph (1) do not apply to any laboratory re- 13 vitalization project for which the design phase has 14 been completed as of the date of the enactment of 15 this Act. 16 SEC. 2802. CHANGE IN AUTHORITIES RELATING TO UN- 17 SPECIFIED MINOR CONSTRUCTION. 18 Section 2805 of title 10, United States Code, is 19 amended by adding at the end the following new sub- 20 section: 21 ‘‘(f) ADJUSTMENTS FOR LOCATION.—The dollar limi- 22 tations specified in subsections (a) through (d) shall be 23 adjusted to reflect the appropriate area construction cost 24 index for military construction projects published by the 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 144 •HR 1960 IH Department of Defense. The appropriate cost index shall 1 be the factor published during the prior fiscal year that 2 applies to the location of the project.’’. 3 Subtitle B—Real Property and 4 Facilities Administration 5 SEC. 2811. AUTHORITY FOR ACCEPTANCE OF FUNDS TO 6 COVER ADMINISTRATIVE EXPENSES ASSOCI- 7 ATED WITH REAL PROPERTY LEASES AND 8 EASEMENTS. 9 (a) AUTHORITY.—Subsection (e)(1)(C) of section 10 2667 of title 10, United States Code, is amended by add- 11 ing at the end the following new clause: 12 ‘‘(vi) Amounts as the Secretary considers nec- 13 essary to cover program expenses incurred by the 14 Secretary under this section and for easements 15 under section 2668 of this title.’’. 16 (b) PROGRAM EXPENSES DEFINED.—Subsection (i) 17 of such section is amended— 18 (1) by redesignating paragraph (4) as para- 19 graph (5); and 20 (2) by inserting after paragraph (3) the fol- 21 lowing new paragraph (4): 22 ‘‘(4) The term ‘program expenses’ includes ex- 23 penses related to developing, assessing, negotiating, 24 executing, and managing lease and easement trans- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 145 •HR 1960 IH actions, but does not include Government personnel 1 costs.’’. 2 SEC. 2812. APPLICATION OF CASH PAYMENTS RECEIVED 3 FOR UTILITIES AND SERVICES. 4 Section 2872a(c)(2) of title 10, United States Code, 5 is amended by striking ‘‘from which the cost of furnishing 6 the utilities or services concerned was paid’’ and inserting 7 ‘‘currently available for the purpose of furnishing utilities 8 or services under subsection (a)’’. 9 SEC. 2813. ACQUISITION OF REAL PROPERTY AT NAVAL 10 BASE VENTURA COUNTY, CALIFORNIA. 11 (a) AUTHORITY.—The Secretary of the Navy may ac- 12 quire all right, title, and interest to property and improve- 13 ments at Naval Base Ventura County, California, con- 14 structed pursuant to section 801 of Public Law 98–115. 15 (b) USE.—Upon acquiring the real property under 16 subsection (a), the Secretary may use the improvements 17 as provided in sections 2835 and 2835a of title 10, United 18 States Code. 19 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 146 •HR 1960 IH Subtitle C—Land Withdrawals 1 SEC. 2821. MILITARY LAND WITHDRAWALS AND CODIFICA- 2 TION OF STATUTORY PROVISIONS RELATING 3 TO CHINA LAKE, LIMESTONE HILLS, CHOCO- 4 LATE MOUNTAIN, AND TWENTYNINE PALMS. 5 (a) MILITARY LAND WITHDRAWALS AND CREATION 6 OF NEW CHAPTER.—Subtitle A of title 10, United States 7 Code, is amended by inserting after chapter 173 the fol- 8 lowing new chapter: 9 ‘‘CHAPTER 174—LAND WITHDRAWALS 10 ‘‘Subchapter Sec. ‘‘I. General Provisions ..................................................................... 2931 ‘‘II. China Lake, California ............................................................ 2955 ‘‘III. Limestone Hills, Montana ..................................................... 2957 ‘‘IV. Chocolate Mountain, California .......................................... 2959 ‘‘V. Twentynine Palms, California ............................................... 2961 ‘‘SUBCHAPTER I—GENERAL PROVISIONS 11 ‘‘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. VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6211 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 147 •HR 1960 IH ‘‘§ 2931. General applicability; definition 1 ‘‘(a) APPLICABILITY OF SUBCHAPTER.—The provi- 2 sions of this subchapter apply to any withdrawal made by 3 this chapter. 4 ‘‘(b) RULES OF CONSTRUCTION.—(1) Except as may 5 be provided pursuant to section 2944 of this title, nothing 6 in this chapter shall be construed as assigning manage- 7 ment of real property under the administrative jurisdiction 8 of the Secretary concerned to the Secretary of the Interior. 9 ‘‘(2) The terms ‘manage’ and ‘management’, when 10 used in reference to lands withdrawn and reserved by this 11 chapter, include the authority to exercise jurisdiction, cus- 12 tody, and control over those lands in accordance with this 13 title, except that those terms do not include authority for 14 land disposal. 15 ‘‘(c) DEFINITION.—In this chapter, the term ‘Indian 16 tribe’ has the meaning given such term in section 102 of 17 the Federally Recognized Indian Tribe List Act of 1994 18 (25 U.S.C. 479a). 19 ‘‘§ 2932. Maps and legal descriptions 20 ‘‘(a) PREPARATION OF MAPS AND LEGAL DESCRIP- 21 TIONS.—As soon as practicable after the date of the enact- 22 ment of a subchapter of this chapter, the Secretary of the 23 Interior shall— 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 148 •HR 1960 IH ‘‘(1) publish in the Federal Register a notice 1 containing the legal description of the lands with- 2 drawn and reserved by such subchapter; and 3 ‘‘(2) file a map or maps and legal description 4 of the lands withdrawn and reserved by such sub- 5 chapter with the Committee on Armed Services and 6 the Committee on Energy and Natural Resources of 7 the Senate and the Committee on Armed Services 8 and the Committee on Natural Resources of the 9 House of Representatives. 10 ‘‘(b) LEGAL EFFECT.—Such maps and legal descrip- 11 tions shall have the same force and effect as if they were 12 included in this chapter, except that the Secretary of the 13 Interior may correct clerical and typographical errors in 14 such maps and legal descriptions. 15 ‘‘(c) AVAILABILITY.—Copies of such maps and legal 16 descriptions shall be available for public inspection— 17 ‘‘(1) in the appropriate offices of the Bureau of 18 Land Management; 19 ‘‘(2) in the office of the commanding officer of 20 the military installation at which the lands are with- 21 drawn; and 22 ‘‘(3) if the military installation is under the 23 management of the National Guard, in the office of 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 149 •HR 1960 IH the Adjutant General of the State in which the in- 1 stallation is located. 2 ‘‘(d) COSTS.—The Secretary concerned shall reim- 3 burse the Secretary of the Interior for the costs incurred 4 by the Secretary of the Interior in implementing this sec- 5 tion. 6 ‘‘§ 2933. Access restrictions 7 ‘‘(a) IN GENERAL.—If the Secretary concerned deter- 8 mines that military operations, public safety, or national 9 security require the closure to the public of any road, trail, 10 or other portion of the lands withdrawn and reserved by 11 a subchapter of this chapter, the Secretary may take such 12 action as the Secretary determines necessary or desirable 13 to effect and maintain such closure. 14 ‘‘(b) LIMITATION.—Any closure under subsection (a) 15 shall be limited to the minimum areas and periods that 16 the Secretary concerned determines are required for the 17 purposes specified in such subsection. 18 ‘‘(c) CONSULTATION.—(1) Before a closure under 19 this section is implemented, the Secretary concerned shall 20 consult with the Secretary of the Interior. 21 ‘‘(2) In a case in which such a closure may affect 22 access to or use of sacred sites or resources considered 23 important by an Indian tribe, the Secretary concerned 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 150 •HR 1960 IH shall consult, at the earliest practicable time, with that 1 tribe. 2 ‘‘(3) No consultation is required under paragraph (1) 3 or (2)— 4 ‘‘(A) if the closure is already provided for in an 5 integrated natural resources management plan, an 6 installation cultural resources management plan, or 7 a land use management plan; or 8 ‘‘(B) in the case of an emergency, as deter- 9 mined by the Secretary concerned. 10 ‘‘(d) NOTICE.—Immediately preceding and during 11 any closure under subsection (a), the Secretary concerned 12 shall post appropriate warning notices and take other 13 steps, as necessary, to notify the public of the closure. 14 ‘‘§ 2934. Changes in use 15 ‘‘(a) OTHER USES AUTHORIZED.—The Secretary 16 concerned may authorize the use of lands withdrawn and 17 reserved by a subchapter of this chapter for defense-re- 18 lated purposes in addition to the purposes specified in 19 such subchapter. 20 ‘‘(b) NOTICE TO SECRETARY OF THE INTERIOR.— 21 The Secretary concerned shall promptly notify the Sec- 22 retary of the Interior in the event that the lands with- 23 drawn and reserved by a subchapter of this chapter will 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 151 •HR 1960 IH be used for additional defense-related purposes. Such noti- 1 fication shall indicate— 2 ‘‘(1) the additional use or uses involved; 3 ‘‘(2) the planned duration of such additional 4 uses; and 5 ‘‘(3) the extent to which such additional uses 6 will require that additional or more stringent condi- 7 tions or restrictions be imposed on otherwise-per- 8 mitted non-defense-related uses of the withdrawn 9 and reserved lands or portions thereof. 10 ‘‘§ 2935. Authorizations for nondefense-related uses 11 ‘‘(a) AUTHORIZATIONS BY THE SECRETARY OF THE 12 INTERIOR.—Subject to the applicable withdrawals con- 13 tained in each subchapter of this chapter, with the consent 14 of the Secretary concerned, the Secretary of the Interior 15 may authorize the use, occupancy, or development of the 16 lands withdrawn and reserved by this chapter. 17 ‘‘(b) AUTHORIZATIONS BY THE SECRETARY CON- 18 CERNED.—The Secretary concerned may authorize the 19 use, occupancy, or development of the lands withdrawn 20 and reserved by this chapter— 21 ‘‘(1) for a defense-related purpose; or 22 ‘‘(2) subject to the consent of the Secretary of 23 the Interior, for a non-defense-related purpose. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 152 •HR 1960 IH ‘‘(c) FORM OF AUTHORIZATION.—An authorization 1 under this section may be provided by lease, easement, 2 right-of-way, permit, license, or other instrument author- 3 ized by law. 4 ‘‘(d) PREVENTION OF DRAINAGE OF OIL OR GAS RE- 5 SOURCES.—For the purpose of preventing drainage of oil 6 or gas resources, the Secretary of the Interior may lease 7 lands otherwise withdrawn from operation of the mineral 8 leasing laws and reserved for defense-related purposes 9 under this chapter, under such terms and conditions as 10 the Secretary considers appropriate. No surface occupancy 11 may be approved by the Secretary of the Interior without 12 the consent of the Secretary concerned. The Secretary of 13 the Interior may unitize or consent to communitization of 14 such lands. The Secretary of the Interior may promulgate 15 regulations to implement this subsection. 16 ‘‘§ 2936. Brush and range fire prevention and sup- 17 pression 18 ‘‘(a) REQUIRED ACTIVITIES.—The Secretary con- 19 cerned shall, consistent with any applicable land manage- 20 ment plan, take necessary precautions to prevent, and ac- 21 tions to suppress, brush and range fires occurring as a 22 result of military activities on the lands withdrawn and 23 reserved by this chapter, including fires outside those 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 153 •HR 1960 IH lands that spread from the withdrawn and reserved lands 1 and which occurred as a result of such activities. 2 ‘‘(b) COOPERATION OF SECRETARY OF THE INTE- 3 RIOR.—At the request of the Secretary concerned, the Sec- 4 retary of the Interior shall provide assistance in the sup- 5 pression of such fires and shall be reimbursed for such 6 assistance by the Secretary concerned. Notwithstanding 7 section 2215 of this title, the Secretary concerned may 8 transfer to the Secretary of the Interior, in advance, funds 9 to reimburse the costs of the Department of the Interior 10 in providing such assistance. 11 ‘‘§ 2937. On-going decontamination 12 ‘‘Throughout the duration of a withdrawal and res- 13 ervation of lands under this chapter, the Secretary con- 14 cerned shall maintain, to the extent funds are available 15 for such purpose, a program of decontamination of con- 16 tamination caused by defense-related uses on such lands 17 consistent with applicable Federal and State law. The Sec- 18 retary of Defense shall include a description of such de- 19 contamination activities in the annual report required by 20 section 2711 of this title. 21 ‘‘§ 2938. Water rights 22 ‘‘(a) NO RESERVATION CREATED.—Nothing in this 23 chapter shall be construed— 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 154 •HR 1960 IH ‘‘(1) to establish a reservation in favor of the 1 United States with respect to any water or water 2 right on the lands withdrawn and reserved by this 3 chapter; or 4 ‘‘(2) to authorize the appropriation of water on 5 such lands except in accordance with applicable 6 State law. 7 ‘‘(b) EFFECT ON PREVIOUSLY ACQUIRED OR RE- 8 SERVED WATER RIGHTS.—This section shall not be con- 9 strued to affect any water rights acquired or reserved by 10 the United States before the date of the enactment of the 11 applicable subchapter of this chapter, and the Secretary 12 concerned may exercise any such previously acquired or 13 reserved water rights. 14 ‘‘§ 2939. Hunting, fishing, and trapping 15 ‘‘Section 2671 of this title shall apply to all hunting, 16 fishing, and trapping on the lands withdrawn and reserved 17 by this chapter and for which management has been as- 18 signed to the Secretary concerned. 19 ‘‘§ 2940. Limitation on extensions and renewals 20 ‘‘The withdrawals and reservations established by 21 this chapter may not be extended or renewed except by 22 a law enacted by Congress. 23 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 155 •HR 1960 IH ‘‘§ 2941. Application for renewal of a withdrawal and 1 reservation 2 ‘‘(a) NOTICE.—To the extent practicable, no later 3 than five years before the termination of a withdrawal and 4 reservation established by a subchapter of this chapter, 5 the Secretary concerned shall notify the Secretary of the 6 Interior as to whether or not the Secretary concerned will 7 have a continuing defense-related need for any of the lands 8 withdrawn and reserved by such subchapter after the ter- 9 mination date of such withdrawal and reservation. The 10 Secretary concerned shall provide a copy of the notice to 11 the Committee on Armed Services and the Committee on 12 Energy and Natural Resources of the Senate and the 13 Committee on Armed Services and the Committee on Nat- 14 ural Resources of the House of Representatives. 15 ‘‘(b) FILING FOR EXTENSION.—If the Secretary con- 16 cerned concludes that there will be a continuing defense- 17 related need for any of such lands after the termination 18 date, the Secretary shall file an application for extension 19 of the withdrawal and reservation of such needed lands 20 in accordance with the regulations and procedures of the 21 Department of the Interior applicable to the extension of 22 withdrawals. 23 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 156 •HR 1960 IH ‘‘§ 2942. Limitation on subsequent availability of 1 lands for appropriation 2 ‘‘At the time of termination of a withdrawal and res- 3 ervation made by a subchapter of this chapter, the pre- 4 viously withdrawn lands shall not be open to any form of 5 appropriation under the public land laws, including the 6 mining laws and the mineral leasing and geothermal leas- 7 ing laws, until the Secretary of the Interior publishes in 8 the Federal Register an appropriate order specifying the 9 date upon which such lands shall be restored to the public 10 domain and opened for such purposes. 11 ‘‘§ 2943. Relinquishment 12 ‘‘(a) NOTICE OF INTENTION TO RELINQUISH.—If, 13 during the period of withdrawal and reservation, the Sec- 14 retary concerned decides to relinquish any or all of the 15 lands withdrawn and reserved by a subchapter of this 16 chapter, the Secretary concerned shall file a notice of in- 17 tention to relinquish with the Secretary of the Interior. 18 ‘‘(b) DETERMINATION OF CONTAMINATION.—As a 19 part of the notice under subsection (a), the Secretary con- 20 cerned shall include a written determination concerning 21 whether and to what extent the lands that are to be relin- 22 quished are contaminated with explosive materials or toxic 23 or hazardous substances. 24 ‘‘(c) PUBLIC NOTICE.—The Secretary of the Interior 25 shall publish in the Federal Register the notice of inten- 26 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 157 •HR 1960 IH tion to relinquish, including the determination concerning 1 the contaminated state of the lands. 2 ‘‘(d) DECONTAMINATION OF LANDS TO BE RELIN- 3 QUISHED.— 4 ‘‘(1) DECONTAMINATION REQUIRED.—If land 5 subject of a notice of intention to relinquish pursu- 6 ant to subsection (a) is contaminated, and the Sec- 7 retary of the Interior, in consultation with the Sec- 8 retary concerned, determines that decontamination 9 is practicable and economically feasible (taking into 10 consideration the potential future use and value of 11 the land) and that, upon decontamination, the land 12 could be opened to operation of some or all of the 13 public land laws, including the mining laws and the 14 mineral leasing and geothermal leasing laws, the 15 Secretary concerned shall decontaminate the land to 16 the extent that funds are appropriated for such pur- 17 pose. 18 ‘‘(2) ALTERNATIVES.—If the Secretary of the 19 Interior, after consultation with the Secretary con- 20 cerned, concludes that decontamination of land sub- 21 ject of a notice of intention to relinquish pursuant 22 to subsection (a) is not practicable or economically 23 feasible, or that the land cannot be decontaminated 24 sufficiently to be opened to operation of some or all 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 158 •HR 1960 IH of the public land laws, or if Congress does not ap- 1 propriate sufficient funds for the decontamination of 2 such land, the Secretary of the Interior shall not be 3 required to accept the land proposed for relinquish- 4 ment. 5 ‘‘(3) STATUS OF CONTAMINATED LANDS UPON 6 TERMINATION.—If, because of their contaminated 7 state, the Secretary of the Interior declines to accept 8 the lands withdrawn and reserved by a subchapter 9 of this chapter which have been proposed for relin- 10 quishment, or if at the expiration of the withdrawal 11 and reservation made by such subchapter the Sec- 12 retary of the Interior determines that some of the 13 lands withdrawn and reserved by such subchapter 14 are contaminated to an extent which prevents open- 15 ing such contaminated lands to operation of the pub- 16 lic land laws— 17 ‘‘(A) the Secretary concerned shall take 18 appropriate steps to warn the public of the con- 19 taminated state of such lands and any risks as- 20 sociated with entry onto such lands; 21 ‘‘(B) after the expiration of the withdrawal 22 and reservation, the Secretary concerned shall 23 undertake no activities on such lands except in 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 159 •HR 1960 IH connection with decontamination of such lands; 1 and 2 ‘‘(C) the Secretary concerned shall report 3 to the Secretary of the Interior and to the Con- 4 gress concerning the status of such lands and 5 all actions taken in furtherance of this para- 6 graph. 7 ‘‘(e) REVOCATION AUTHORITY.—Upon deciding that 8 it is in the public interest to accept the lands proposed 9 for relinquishment pursuant to subsection (a), the Sec- 10 retary of the Interior may order the revocation of a with- 11 drawal and reservation established by a subchapter of this 12 chapter as it applies to such lands. The Secretary of the 13 Interior shall publish in the Federal Register the revoca- 14 tion order, which shall— 15 ‘‘(1) terminate the withdrawal and reservation; 16 ‘‘(2) constitute official acceptance of the lands 17 by the Secretary of the Interior; and 18 ‘‘(3) state the date upon which the lands will be 19 opened to the operation of some or all of the public 20 land laws, including the mining laws. 21 ‘‘(f) ACCEPTANCE BY SECRETARY OF THE INTE- 22 RIOR.—Nothing in this section shall be construed to re- 23 quire the Secretary of the Interior to accept the lands pro- 24 posed for relinquishment if the Secretary determines that 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 160 •HR 1960 IH such lands are not suitable for return to the public do- 1 main. If the Secretary makes such a determination, the 2 Secretary shall provide notice of the determination to Con- 3 gress. 4 ‘‘§ 2944. Interchanges and transfers of Federal lands 5 ‘‘(a) AUTHORITY.—The Secretary of the Interior and 6 the Secretary concerned may interchange or transfer be- 7 tween each other parcels of Federal land under their juris- 8 diction. A parcel may include multiple non-contiguous 9 pieces of Federal lands. 10 ‘‘(b) CONDITIONS.—Any interchange or transfer of 11 land under this section is subject to the following condi- 12 tions: 13 ‘‘(1) The Secretary of the Interior and the Sec- 14 retary concerned must each determine that the 15 interchange or transfer is to the benefit of their re- 16 spective department and in the public interest. 17 ‘‘(2) Both parcels of land to be interchanged 18 must, before the interchange, be located on the same 19 military installation. 20 ‘‘(3) Both parcels of land to be interchanged 21 must be of approximately the same acreage. 22 ‘‘(4) The parcel to be transferred must be lo- 23 cated on the military installation to which it is 24 transferred. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 161 •HR 1960 IH ‘‘(5) The parcel interchanged or transferred by 1 the Secretary of the Interior must be part of the 2 lands withdrawn and reserved by this chapter. 3 ‘‘(6) The parcel interchanged or transferred by 4 the Secretary concerned must be under the adminis- 5 trative jurisdiction of the Secretary concerned and 6 excess to the needs of the Department of Defense. 7 ‘‘(7) During the term of a withdrawal, no more 8 than 5,000 acres may be transferred under this sec- 9 tion by one Secretary to the other on any one mili- 10 tary installation. 11 ‘‘(c) STATUS OF FEDERAL LAND AFTER INTER- 12 CHANGE.—Upon completion of an interchange or transfer 13 under this section— 14 ‘‘(1) at the discretion of the Secretary of the 15 Interior, a parcel received by the Secretary of the 16 Interior may— 17 ‘‘(A) become withdrawn and reserved lands 18 under the provisions of this chapter; or 19 ‘‘(B) be managed as public lands under the 20 provisions of the Federal Land Policy and Man- 21 agement Act (43 U.S.C. 1701 et seq.) and 22 other applicable law; and 23 ‘‘(2) a parcel received by the Secretary con- 24 cerned shall— 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 162 •HR 1960 IH ‘‘(A) cease to be part of the public lands 1 and lands withdrawn and reserved by this chap- 2 ter; and 3 ‘‘(B) be treated as property under section 4 102(9) of title 40 under the administrative ju- 5 risdiction of the Secretary concerned. 6 ‘‘(d) EQUALIZATION PAYMENTS.—Neither the Sec- 7 retary of the Interior nor the Secretary concerned may 8 make an equalization payment to further a land inter- 9 change or transfer under this section. 10 ‘‘§ 2945. Delegability by the Secretary of the Interior 11 ‘‘The Secretary of the Interior may delegate the Sec- 12 retary’s functions under this chapter, except that an order 13 pursuant to section 2942 of this title and a revocation 14 order pursuant to section 2943(e) of this title may be ap- 15 proved and signed only by individuals in the Office of the 16 Secretary who have been appointed by the President, by 17 and with the advice and consent of the Senate. 18 ‘‘§ 2946. Land withdrawals; immunity of the United 19 States 20 ‘‘The United States and all departments and agencies 21 thereof, and their officers and employees, shall be held 22 harmless and shall not be liable for any injuries or dam- 23 ages to persons or property suffered in the course of any 24 mining or mineral or geothermal leasing activity or other 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 163 •HR 1960 IH authorized non-defense-related activity conducted on lands 1 withdrawn and reserved by this chapter. 2 ‘‘SUBCHAPTER II—CHINA LAKE, CALIFORNIA 3 ‘‘Sec. ‘‘2955a. Withdrawal and reservation. ‘‘2955b. Management of withdrawn and reserved lands. ‘‘2955c. Duration of withdrawal and reservation. ‘‘§ 2955a. Withdrawal and reservation 4 ‘‘(a) WITHDRAWAL.—Subject to valid existing rights 5 and except as otherwise provided in this subchapter, the 6 public lands and interests in lands described in subsection 7 (c), and all other areas within the boundary of such lands 8 as depicted on the map provided for by section 2932 of 9 this title which may become subject to the operation of 10 the public land laws, are hereby withdrawn from all forms 11 of appropriation under the public land laws, including the 12 mining laws and the mineral leasing laws. 13 ‘‘(b) RESERVATION.—The lands withdrawn by sub- 14 section (a) are reserved for use by the Secretary of the 15 Navy for the following purposes: 16 ‘‘(1) Use as a research, development, test, and 17 evaluation laboratory. 18 ‘‘(2) Use as a range for air warfare weapons 19 and weapon systems. 20 ‘‘(3) Use as a high hazard testing and training 21 area for aerial gunnery, rocketry, electronic warfare 22 and countermeasures, tactical maneuvering and air 23 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 164 •HR 1960 IH support, and directed energy and unmanned aerial 1 systems. 2 ‘‘(4) Geothermal leasing, development, and re- 3 lated power production activities. 4 ‘‘(5) Other defense-related purposes consistent 5 with the purposes specified in the preceding para- 6 graphs and authorized pursuant to section 2934 of 7 this title. 8 ‘‘(c) LAND DESCRIPTION.—The public lands and in- 9 terests in lands referred to in subsection (a) are the Fed- 10 eral lands located within the boundaries of the Naval Air 11 Weapons Station China Lake, comprising approximately 12 1,030,000 acres in Inyo, Kern, and San Bernardino Coun- 13 ties, California, as generally depicted on a map entitled 14 ‘Naval Air Weapons Station China Lake Withdrawal—Re- 15 newal’, dated XX, xx, 2012, and filed in accordance with 16 section 2932 of this title. 17 ‘‘§ 2955b. Management of withdrawn and reserved 18 lands 19 ‘‘(a) MANAGEMENT BY THE SECRETARY OF THE IN- 20 TERIOR.—(1) Except as provided in subsection (b), during 21 the period of the withdrawal and reservation of lands by 22 this subchapter, the Secretary of the Interior shall manage 23 the lands withdrawn and reserved by section 2955a of this 24 title in accordance with this chapter, the Federal Land 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 165 •HR 1960 IH Policy and Management Act of 1976 (43 U.S.C. 1701 et 1 seq.), and other applicable law. 2 ‘‘(2) To the extent consistent with applicable law and 3 Executive orders, the lands withdrawn by section 2955a 4 of this title may be managed in a manner permitting the 5 following activities: 6 ‘‘(A) Grazing. 7 ‘‘(B) Protection of wildlife and wildlife habitat. 8 ‘‘(C) Preservation of cultural properties. 9 ‘‘(D) Control of predatory and other animals. 10 ‘‘(E) Recreation and education. 11 ‘‘(F) Prevention and appropriate suppression of 12 brush and range fires resulting from non-military 13 activities. 14 ‘‘(G) Geothermal leasing and development and 15 related power production activities. 16 ‘‘(3) All non-defense-related uses of such lands, 17 including the uses described in paragraph (2), shall 18 be subject to such conditions and restrictions as may 19 be necessary to permit the defense-related use of 20 such lands for the purposes specified in or author- 21 ized pursuant to this chapter. 22 ‘‘(b) ASSIGNMENT OF MANAGEMENT.—(1) The Sec- 23 retary of the Interior may assign the management respon- 24 sibility, in whole or in part, for the lands withdrawn and 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 166 •HR 1960 IH reserved by section 2955a of this title to the Secretary 1 of the Navy who, if so assigned, shall manage such lands 2 in accordance with this title, title I of the Sikes Act (16 3 U.S.C. 670a et seq.), the Federal Land Policy and Man- 4 agement Act of 1976, and cooperative management ar- 5 rangements between the Secretary of the Interior and the 6 Secretary of the Navy. Nothing in this subsection or sec- 7 tion 2935 of this title shall affect geothermal leases issued 8 by the Secretary of the Interior before the date of the en- 9 actment of this subchapter, or the responsibility of the 10 Secretary of the Interior to administer and manage such 11 leases, consistent with the provisions of this section. 12 ‘‘(2) The Secretary of the Interior shall be respon- 13 sible for the issuance of any lease, easement, right-of-way, 14 permit, license, or other instrument authorized by law with 15 respect to any activity which involves both the lands with- 16 drawn and reserved by section 2955a of this title and any 17 other lands not under the administrative jurisdiction of 18 the Secretary of the Navy. Any such authorization shall 19 be issued only with the consent of the Secretary of the 20 Navy and shall be subject to such conditions as the Sec- 21 retary of the Navy may prescribe with regard to those 22 lands withdrawn and reserved by section 2955a of this 23 title. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 167 •HR 1960 IH ‘‘(3) Neither this chapter nor any other provision of 1 law shall be construed to prohibit the Secretary of the In- 2 terior from issuing and administering any lease pursuant 3 to the Geothermal Steam Act of 1970 (30 U.S.C. 1001 4 et seq.) and other applicable law for the development and 5 utilization of geothermal steam and associated geothermal 6 resources on the lands withdrawn and reserved by section 7 2955a of this title, but such a lease may not be issued 8 without the concurrence of the Secretary of the Navy. 9 ‘‘(4) This chapter shall not affect the geothermal ex- 10 ploration and development authority of the Secretary of 11 the Navy under section 2917 of this title with respect to 12 the lands withdrawn and reserved by section 2955a, except 13 that the Secretary of the Navy shall obtain the concur- 14 rence of the Secretary of the Interior before taking action 15 under section 2917. 16 ‘‘(5) Upon the expiration of the withdrawal and res- 17 ervation or upon the relinquishment of the lands with- 18 drawn and reserved by section 2955a of this title, Navy 19 contracts for the development of geothermal resources at 20 Naval Air Weapons Station China Lake then in effect (as 21 amended or renewed by the Navy after the date of the 22 enactment of this subchapter) shall remain in effect, ex- 23 cept that the Secretary of the Interior, with the consent 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 168 •HR 1960 IH of the Secretary of the Navy, may offer to substitute a 1 standard geothermal lease for any such contract. 2 ‘‘(6) Any lease made pursuant to section 2935(d) of 3 this title of lands withdrawn and reserved by section 4 2955a of this title shall require the concurrence of the Sec- 5 retary of the Navy if the Secretary determines that the 6 proposed lease may interfere with geothermal resources on 7 those lands. 8 ‘‘(7) The Secretary of the Navy shall be responsible 9 for the management of wild horses and burros located on 10 the lands withdrawn and reserved by section 2955a of this 11 title and may use helicopters and motorized vehicles for 12 such purpose. Such management shall be conducted in ac- 13 cordance with laws applicable to such management on 14 public lands. The Secretary of the Interior and the Sec- 15 retary of the Navy shall enter into an agreement for imple- 16 mentation of such management. 17 ‘‘(c) CONTINUATION OF EXISTING AGREEMENT.— 18 The agreement between the Secretary of the Interior and 19 the Secretary of the Navy entered into before the date of 20 the enactment of this subchapter pursuant to section 805 21 of the California Military Lands Withdrawal and Over- 22 flights Act of 1994 shall continue in effect until the earlier 23 of— 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 169 •HR 1960 IH ‘‘(1) the date on which the Secretaries enter 1 into a new agreement; or 2 ‘‘(2) the date that is one year after the date of 3 the enactment of this subchapter. 4 ‘‘(d) COOPERATION IN DEVELOPMENT OF MANAGE- 5 MENT PLAN.—(1) The Secretary of the Navy and the Sec- 6 retary of the Interior shall update and maintain coopera- 7 tive arrangements concerning land resources and land 8 uses on the lands withdrawn and reserved by section 9 2955a of this title. 10 ‘‘(2) Cooperative arrangements under paragraph (1) 11 shall focus on and apply to sustainable management and 12 protection of the natural and cultural resources and envi- 13 ronmental values found on such withdrawn and reserved 14 lands, consistent with the defense-related purposes for 15 which those lands are withdrawn and reserved. 16 ‘‘(3) Each cooperative arrangement under paragraph 17 (1) shall include a comprehensive land use management 18 plan which shall integrate and be consistent with all appli- 19 cable law, including the requirements of title I of the Sikes 20 Act and the Federal Land Policy and Management Act 21 of 1976. Each such management plan shall be reviewed 22 annually and shall be updated, as needed, in response to 23 evolving management requirements and to complement the 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 170 •HR 1960 IH updates of other applicable land use and resource manage- 1 ment and planning. 2 ‘‘(e) IMPLEMENTING AGREEMENT.—(1) The Sec- 3 retary of the Interior and the Secretary of the Navy may 4 enter into a written agreement to implement the com- 5 prehensive land use management plan developed under 6 subsection (d). 7 ‘‘(2) An agreement under paragraph (1) shall include 8 a provision for periodic review of the agreement for its 9 adequacy, effectiveness, and need for revision. 10 ‘‘(3) The duration of an agreement under paragraph 11 (1) shall be the same as the period of the withdrawal and 12 reservation of lands under this subchapter, but may be 13 amended from time to time. 14 ‘‘§ 2955c. Duration of withdrawal and reservation 15 ‘‘The withdrawal and reservation made by this sub- 16 chapter shall terminate on March 31, 2039. 17 ‘‘SUBCHAPTER III—LIMESTONE HILLS, 18 MONTANA 19 ‘‘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 20 ‘‘(a) WITHDRAWAL.—Subject to valid existing rights 21 and except as otherwise provided in this subchapter, the 22 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 171 •HR 1960 IH public lands and interests in lands described in subsection 1 (c), and all other areas within the boundary of such lands 2 as depicted on the map provided for by section 2932 of 3 this title which may become subject to the operation of 4 the public land laws, are hereby withdrawn from all forms 5 of appropriation under the public land laws, including the 6 mining laws and the mineral leasing and geothermal leas- 7 ing laws. 8 ‘‘(b) RESERVATION.—The lands withdrawn by sub- 9 section (a) are reserved for use by the Secretary of the 10 Army for the following purposes: 11 ‘‘(1) The conduct of training for active and re- 12 serve components of the armed forces. 13 ‘‘(2) The conduct of training by the Montana 14 Department of Military Affairs; any such use may 15 not interfere with purposes specified in paragraphs 16 (1) and (3). 17 ‘‘(3) The construction, operation, and mainte- 18 nance of organizational support and maintenance fa- 19 cilities for component units conducting training. 20 ‘‘(4) Other defense-related purposes consistent 21 with the purposes specified in the preceding para- 22 graphs and authorized pursuant to section 2934 of 23 this title. 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 172 •HR 1960 IH ‘‘(5) The conduct of training by State and local 1 law enforcement agencies, civil defense organiza- 2 tions, and public education institutions; any such use 3 may not interfere with military training activities. 4 ‘‘(c) LAND DESCRIPTION.—The public lands and in- 5 terests in lands referred to in subsection (a) are the Fed- 6 eral lands comprising approximately 18,644 acres in 7 Broadwater County, Montana, as generally depicted as 8 ‘Proposed Land Withdrawal’ on the map entitled ‘Lime- 9 stone Hills Training Area Land Withdrawal’ dated 10 lllll, and filed in accordance with section 2932 of 11 this title. 12 ‘‘(d) INDIAN TRIBES.—Nothing in this subchapter 13 shall be construed as altering any rights reserved for an 14 Indian tribe for tribal use by treaty or Federal law. Sub- 15 ject to section 2933 of this title, the Secretary of the Army 16 shall consult with any Indian tribe in the vicinity of the 17 lands withdrawn and reserved by this section before taking 18 action affecting tribal rights or cultural resources pro- 19 tected by treaty or Federal law. 20 ‘‘§ 2957b. Management of withdrawn and reserved 21 lands 22 ‘‘During the period of the withdrawal and reservation 23 made by this subchapter, the Secretary of the Army shall 24 manage the lands withdrawn and reserved by this sub- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 173 •HR 1960 IH chapter for the purposes specified in section 2957a of this 1 title. 2 ‘‘§ 2957c. Duration of withdrawal and reservation 3 ‘‘(a) TERM.—The withdrawal and reservation made 4 by this subchapter shall terminate on March 31, 2039. 5 ‘‘(b) EXTENSION OF TERM.—Notwithstanding sec- 6 tion 2940 of this title, in accordance with section 2 of the 7 Act of February 28, 1958, Public Law 85–337 (72 Stat. 8 27), commonly known as the ‘Engle Act’ (43 U.S.C. 156), 9 if an application is filed by the Secretary of the Army in 10 accordance with section 2941 of this title, the Secretary 11 of the Interior may use the authority and procedures 12 under section 204 of the Federal Land Policy and Man- 13 agement Act of 1976 (43 U.S.C. 1714) to extend the with- 14 drawal and reservation made by this subchapter for an 15 additional term not to exceed 20 years in accordance with 16 that section and other applicable law. 17 ‘‘§ 2957d. Special rules governing minerals manage- 18 ment 19 ‘‘(a) INDIAN CREEK MINE.—Locatable mineral ac- 20 tivities in the approved Indian Creek Mine, plan of oper- 21 ations MTM–78300, shall be regulated pursuant to sub- 22 parts 3715 and 3809 of title 43, Code of Federal Regula- 23 tions. Notwithstanding section 2935 of this title, the Sec- 24 retary of the Army shall make no determination that the 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 174 •HR 1960 IH disposition of or exploration for minerals as provided for 1 in the approved plan of operations is inconsistent with the 2 military uses of such lands. The coordination of such dis- 3 position of and exploration for minerals with military uses 4 of such lands shall be determined pursuant to procedures 5 in an agreement provided for under subsection (d). 6 ‘‘(b) REMOVAL OF UNEXPLODED ORDNANCE ON 7 LANDS TO BE MINED.—The Secretary of the Army shall 8 request funding for and, subject to the availability of such 9 funds, shall remove unexploded ordnance on lands with- 10 drawn and reserved by this subchapter which are subject 11 to mining under subsection (a), consistent with applicable 12 Federal and State law. The Secretary of the Army may 13 engage in such removal of unexploded ordnance in phases 14 to accommodate the development of the Indian Creek Mine 15 pursuant to subsection (a). 16 ‘‘(c) REPORT ON REMOVAL ACTIVITIES.—The Sec- 17 retary of the Army shall annually submit to the Secretary 18 of the Interior a report regarding the unexploded ordnance 19 removal activities for the previous fiscal year performed 20 pursuant to subsection (b). The report shall include the 21 amounts of funding expended for unexploded ordnance re- 22 moval on such lands. 23 ‘‘(d) IMPLEMENTATION AGREEMENT FOR MINING 24 ACTIVITIES.—(1) The Secretary of the Interior and the 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 175 •HR 1960 IH Secretary of the Army shall enter into an agreement to 1 implement this section with regard to coordination of de- 2 fense-related uses and mining and the ongoing removal of 3 unexploded ordnance. The agreement shall provide the fol- 4 lowing: 5 ‘‘(A) Procedures that will be used to facilitate 6 day-to-day joint-use of the Limestone Hills Training 7 Area. 8 ‘‘(B) Procedures for access through mining op- 9 erations covered by this section to training areas 10 within the boundaries of the Limestone Hills Train- 11 ing Area. 12 ‘‘(C) Procedures for scheduling of the removal 13 of unexploded ordnance. 14 ‘‘(2) The Secretary of the Interior and the Secretary 15 of the Army shall invite Graymont Western US. Inc., or 16 any successor or assign of the approved Indian Creek Mine 17 mining plan of operations, MTM–78300, to be a party to 18 the agreement. 19 ‘‘§ 2957e. Grazing 20 ‘‘(a) ISSUANCE AND ADMINISTRATION OF PERMITS 21 AND LEASES.—The issuance and administration of graz- 22 ing permits and leases, including their renewal, on the 23 lands withdrawn and reserved by this subchapter shall be 24 managed by the Secretary of the Interior consistent with 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 176 •HR 1960 IH all applicable laws, regulations, and policies of the Sec- 1 retary of the Interior relating to such permits and leases. 2 ‘‘(b) SAFETY REQUIREMENTS.—With respect to any 3 grazing permit or lease issued after the date of enactment 4 of this subchapter for lands withdrawn and reserved by 5 this subchapter, the Secretary of the Interior and the Sec- 6 retary of the Army shall jointly establish procedures that 7 are consistent with Department of the Army explosive and 8 range safety standards and that provide for the safe use 9 of any such lands. 10 ‘‘(c) ASSIGNMENT.—The Secretary of the Interior 11 may, with the agreement of the Secretary of the Army, 12 assign the authority to issue and to administer grazing 13 permits and leases to the Secretary of the Army, except 14 that such an assignment may not include the authority 15 to discontinue grazing on the lands withdrawn and re- 16 served by this subchapter. 17 ‘‘SUBCHAPTER IV—CHOCOLATE MOUNTAIN, 18 CALIFORNIA 19 ‘‘Sec. ‘‘2959a. Withdrawal and reservation. ‘‘2959b. Management of withdrawn and reserved lands. ‘‘2959c. Duration of withdrawal and reservation. ‘‘2959d. Access. ‘‘§ 2959a. Withdrawal and reservation 20 ‘‘(a) WITHDRAWAL.—Subject to valid existing rights 21 and except as otherwise provided in this subchapter, the 22 public lands and interests in lands described in subsection 23 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 177 •HR 1960 IH (c), and all other areas within the boundary of such lands 1 as depicted on the map provided for by section 2932 of 2 this title which may become subject to the operation of 3 the public land laws, are hereby withdrawn from all forms 4 of appropriation under the public land laws, including the 5 mining laws and the mineral leasing and geothermal leas- 6 ing laws. 7 ‘‘(b) RESERVATION.—The lands withdrawn by sub- 8 section (a) are reserved for use by the Secretary of the 9 Navy for the following purposes: 10 ‘‘(1) Testing and training for aerial bombing, 11 missile firing, tactical maneuvering, and air support. 12 ‘‘(2) Small unit ground forces training, includ- 13 ing artillery firing, demolition activities, and small 14 arms field training. 15 ‘‘(3) Other defense-related purposes consistent 16 with the purposes specified in the preceding para- 17 graphs and authorized pursuant to section 2934 of 18 this title. 19 ‘‘(c) LAND DESCRIPTION.—The public lands and in- 20 terests in lands referred to in subsection (a) are the Fed- 21 eral lands comprising approximately 228,325 acres in Im- 22 perial and Riverside Counties, California, as generally de- 23 picted on a map entitled ‘Chocolate Mountain Aerial Gun- 24 nery Range Proposed—Withdrawal’, said map originally 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 178 •HR 1960 IH dated 1987, with revised dating to July 1993, prepared 1 by Department of the Navy, Naval Facilities Engineering 2 Command, identified as WESTDIV Drawing No. C– 3 102370, on file with the Department of the Interior, Bu- 4 reau of Land Management, California State Office, and 5 filed in accordance with section 2932 of this title. 6 ‘‘§ 2959b. Management of withdrawn and reserved 7 lands 8 ‘‘(a) MANAGEMENT BY THE SECRETARY OF THE IN- 9 TERIOR.—Except as provided in subsection (b), during the 10 period of the withdrawal and reservation of lands by this 11 subchapter, the Secretary of the Interior shall manage the 12 lands withdrawn and reserved by section 2959a of this 13 title in accordance with this chapter, the Federal Land 14 Policy and Management Act of 1976 (43 U.S.C. 1701 et 15 seq.), and other applicable law. 16 ‘‘(b) ASSIGNMENT OF MANAGEMENT TO THE SEC- 17 RETARY OF THE NAVY.—The Secretary of the Interior 18 may assign the management responsibility, in whole or in 19 part, for the lands withdrawn and reserved by section 20 2959a of this title to the Secretary of the Navy. If the 21 Secretary of the Navy accepts such assignment, that Sec- 22 retary shall manage such lands in accordance with this 23 title, title I of the Sikes Act (16 U.S.C. 670a et seq.), 24 and other applicable law. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 179 •HR 1960 IH ‘‘(c) IMPLEMENTING AGREEMENT.—(1) The Sec- 1 retary of the Interior and the Secretary of the Navy may 2 enter into a written agreement to implement the assign- 3 ment of management responsibility pursuant to subsection 4 (b). 5 ‘‘(2) An agreement under paragraph (1) shall include 6 a provision for periodic review of the agreement for its 7 adequacy, effectiveness, and need for revision. 8 ‘‘(3) The duration of an agreement under paragraph 9 (1) shall be the same as the period of the withdrawal and 10 reservation of lands under this subchapter, but may be 11 amended from time to time. 12 ‘‘(d) ACCESS AGREEMENT.—The Secretary of the In- 13 terior and the Secretary of the Navy may enter into a writ- 14 ten agreement to address access to and maintenance of 15 Bureau of Reclamation facilities located within the bound- 16 ary of the Chocolate Mountains Aerial Gunnery Range. 17 ‘‘§ 2959c. Duration of withdrawal and reservation 18 ‘‘The withdrawal and reservation made by this sub- 19 chapter shall terminate on March 31, 2039. 20 ‘‘§ 2959d. Access 21 ‘‘Notwithstanding section 2933 of this title, the lands 22 withdrawn and reserved by section 2959a of this title, 23 other than those constituting the Bradshaw Trail, are 24 closed to the public and all uses, other than those author- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 180 •HR 1960 IH ized by section 2959a(b) of this title or pursuant to section 1 2934 of this title, shall be subject to such conditions and 2 restrictions as may be necessary to prevent any inter- 3 ference with the uses authorized by section 2959a(b) of 4 this title or pursuant to section 2934 of this title. 5 ‘‘SUBCHAPTER V—TWENTYNINE PALMS, 6 CALIFORNIA 7 ‘‘Sec. ‘‘2961a. Withdrawal and reservation. ‘‘2961b. Management of withdrawn and reserved lands. ‘‘2961c. Duration of withdrawal and reservation. ‘‘§ 2961a. Withdrawal and reservation 8 ‘‘(a) WITHDRAWAL.—Subject to valid existing rights 9 and except as otherwise provided in this subchapter, the 10 public lands and interests in lands described in subsection 11 (d), and all other areas within the boundary of such lands 12 as depicted on the map provided for by section 2932 of 13 this title which may become subject to the operation of 14 the public land laws, are hereby withdrawn from all forms 15 of appropriation under the public land laws, including the 16 mining laws and the mineral leasing and geothermal leas- 17 ing laws. 18 ‘‘(b) RESERVATION FOR SECRETARY OF THE 19 NAVY.—The lands withdrawn by subsection (a) consti- 20 tuting the Exclusive Military Use Area are reserved for 21 use by the Secretary of the Navy for the following pur- 22 poses: 23 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 181 •HR 1960 IH ‘‘(1) Sustained, combined arms, live-fire, and 1 maneuver field training for large-scale Marine air 2 ground task forces. 3 ‘‘(2) Individual and unit live-fire training 4 ranges. 5 ‘‘(3) Equipment and tactics development. 6 ‘‘(4) Other defense-related purposes consistent 7 with the purposes specified in the preceding para- 8 graphs and authorized pursuant to section 2934 of 9 this title. 10 ‘‘(c) RESERVATION FOR SECRETARY OF THE INTE- 11 RIOR.—The lands withdrawn by subsection (a) consti- 12 tuting the Shared Use Area are reserved for use by the 13 Secretary of the Navy for the purposes specified in sub- 14 section (b) and for the Secretary of the Interior for the 15 following purposes: 16 ‘‘(1) Public recreation when not used for mili- 17 tary training and having been determined as suitable 18 for public use. 19 ‘‘(2) Natural resources conservation. 20 ‘‘(d) LAND DESCRIPTION.—The public lands and in- 21 terests in lands referred to in subsection (a) are the Fed- 22 eral lands comprising approximately 154,663 acres in San 23 Bernardino County, California, as generally depicted on 24 a map entitled lll, dated lll, and filed in accord- 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 182 •HR 1960 IH ance with section 2932 of this title. Such lands are divided 1 into two areas, as follows: 2 ‘‘(1) The Exclusive Military Use Area, divided 3 into four areas, consisting of one area to the west 4 of the Marine Corps Air Ground Combat Center of 5 approximately 103,618 acres, one area south of the 6 Marine Corps Air Ground Combat Center of ap- 7 proximately 21,304 acres, and two other areas, each 8 measuring approximately 300 meters square, located 9 inside the boundaries of the Shared Use Area. 10 ‘‘(2) The Shared Use Area, consisting of ap- 11 proximately 36,755 acres. 12 ‘‘§ 2961b. Management of withdrawn and reserved 13 lands 14 ‘‘(a) MANAGEMENT BY THE SECRETARY OF THE 15 NAVY.—During the period of withdrawal and reservation 16 of lands by this subchapter, the Secretary of the Navy 17 shall, subject to subsection (b), manage the lands with- 18 drawn and reserved by section 2961a of this title for the 19 purposes specified in such section pursuant to— 20 ‘‘(1) an integrated natural resources manage- 21 ment plan prepared and implemented pursuant to 22 title I of the Sikes Act (16 U.S.C. 670 et seq.); 23 ‘‘(2) this title; and 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 183 •HR 1960 IH ‘‘(3) a programmatic agreement between the 1 United States Marine Corps and the California 2 State Historic Preservation Officer regarding oper- 3 ation, maintenance, training, and construction at the 4 United States Marine Air Ground Task Force 5 Training Command, Marine Corps Air Ground Com- 6 bat Center, Twentynine Palms, California. 7 ‘‘(b) MANAGEMENT BY THE SECRETARY OF THE IN- 8 TERIOR.—(1) During the period of withdrawal and res- 9 ervation of lands by this subchapter, the Secretary of the 10 Interior shall manage the Shared Use Area except for two 11 30-day periods each year when such lands are exclusively 12 used by the Secretary of the Navy for military training 13 purposes, during which time the Secretary of the Navy 14 shall manage such lands. 15 ‘‘(2) The Secretary of the Interior, during the period 16 of the Secretary’s management pursuant to paragraph (1), 17 shall manage the Shared Use Area for the purposes speci- 18 fied in section 2961a(c) of this title in accordance with— 19 ‘‘(A) the Federal Land Policy and Management 20 Act of 1976 (43 U.S.C. 1701 et seq.); and 21 ‘‘(B) any other applicable law and regulations. 22 ‘‘(3) The Secretary of the Navy, during the period 23 of the Secretary’s management pursuant to paragraph (1), 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 184 •HR 1960 IH shall manage the Shared Use Area for the purposes speci- 1 fied in section 2961a(b) of this title in accordance with— 2 ‘‘(A) an integrated natural resources manage- 3 ment plan prepared and implemented in accordance 4 with title I of the Sikes Act (16 U.S.C. 670a et 5 seq.); 6 ‘‘(B) this title; and 7 ‘‘(C) the programmatic agreement referred to in 8 subsection (a)(3). 9 ‘‘(c) PUBLIC ACCESS.—(1) Notwithstanding section 10 2933 of this title, the Exclusive Military Use Area shall 11 be closed to all public access unless otherwise authorized 12 by the Secretary of the Navy. 13 ‘‘(2) The Shared Use Area shall be open to public 14 recreational use during the period it is under the manage- 15 ment of the Secretary of the Interior, but only after being 16 determined as suitable for public use by the Secretary of 17 the Navy. Any such determination shall not be unreason- 18 ably withheld. 19 ‘‘(3)(A) The Secretary of the Navy and the Secretary 20 of the Interior, by agreement, shall establish a Resource 21 Management Group comprised of representatives of the 22 Departments of the Interior and Navy. 23 ‘‘(B) The Group shall— 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 185 •HR 1960 IH ‘‘(i) develop and implement a public outreach 1 plan to inform the public of the land uses changes 2 and safety restrictions affecting the withdrawn 3 lands; and 4 ‘‘(ii) advise the Secretaries of the Interior and 5 Navy as to all issues associated with the multiple 6 uses of the Shared Use Area. 7 ‘‘(C) The Group shall meet at least once a year and 8 shall seek information from relevant California State 9 agencies, private off-highway vehicle interest groups, event 10 managers, environmental advocacy groups, and others re- 11 lating to the management and facilitation of recreational 12 use within the Shared Use Area. 13 ‘‘(4) Military training within the Shared Use Area 14 shall not be conditioned on, nor shall such training be pre- 15 cluded by— 16 ‘‘(A) the lack of a Department of the Interior 17 developed and implemented recreation management 18 plan or land use management plan for the Shared 19 Use Area; or 20 ‘‘(B) any legal or administrative challenge to 21 any such recreation management plan or land use 22 plan document. 23 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 186 •HR 1960 IH ‘‘(5) The Shared Use Area shall be managed so as 1 not to compromise the ability of the Department of the 2 Navy to conduct military training in the Area. 3 ‘‘(d) IMPLEMENTATION AGREEMENT.—The Sec- 4 retary of the Interior and the Secretary of the Navy shall 5 enter into a written agreement to implement the manage- 6 ment responsibility relating to the Shared Use Area. The 7 agreement— 8 ‘‘(1) shall include a provision for periodic review 9 of the agreement for its adequacy, effectiveness, and 10 need for revision; 11 ‘‘(2) shall have a duration which shall be the 12 same as the period of the withdrawal and reserva- 13 tion of lands under this subchapter, but may be 14 amended from time to time; 15 ‘‘(3) may provide for the integration of the 16 management plans required of the Secretaries of the 17 Interior and Navy by this chapter; 18 ‘‘(4) may provide for delegation to civilian law 19 enforcement personnel of the Department of the 20 Navy of the authority of the Secretary of the Inte- 21 rior to enforce the laws relating to protection of nat- 22 ural and cultural resources and of fish and wildlife; 23 and 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 187 •HR 1960 IH ‘‘(5) may provide for the Secretaries of the In- 1 terior and Navy to share resources in order to most 2 efficiently and effectively manage the Shared Use 3 Area. 4 ‘‘(e) JOHNSON VALLEY OFF-HIGHWAY VEHICLE 5 RECREATION AREA.— 6 ‘‘(1) DESIGNATION.—Approximately 45,000 7 acres (as depicted on the map referred to in section 8 2961a of this title) of the existing Bureau of Land 9 Management-designated Johnson Valley Off-High- 10 way Vehicle Area that are not withdrawn and re- 11 served for defense-related uses by this subchapter, 12 together with the Shared Use Area, are hereby des- 13 ignated as the ‘Johnson Valley Off-Highway Vehicle 14 Recreation Area’. 15 ‘‘(2) AUTHORIZED ACTIVITIES.—To the extent 16 consistent with applicable Federal law and regula- 17 tions and this chapter, any authorized recreation ac- 18 tivities and use designation in effect on the date of 19 the enactment of this subchapter and applicable to 20 the Johnson Valley Off-Highway Vehicle Recreation 21 Area may continue, including casual off-highway ve- 22 hicular use, racing, competitive events, rock crawl- 23 ing, training, and other forms of off-highway recre- 24 ation. 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 188 •HR 1960 IH ‘‘(3) ADMINISTRATION.—The Secretary of the 1 Interior shall administer the Johnson Valley Off- 2 Highway Vehicle Recreation Area (other than that 3 portion consisting of the Shared Use Area the man- 4 agement of which is addressed elsewhere in this sec- 5 tion) in accordance with the Federal Land Policy 6 and Management Act of 1976 (43 U.S.C. 1701 et 7 seq.) and other applicable laws and regulations. 8 ‘‘(4) TRANSIT.—In coordination with the Sec- 9 retary of the Interior, the Secretary of the Navy 10 may authorize transit through the Johnson Valley 11 Off-Highway Vehicle Recreation Area for defense-re- 12 lated purposes supporting military training (includ- 13 ing military range management and management of 14 exercise activities) conducted on the lands withdrawn 15 and reserved by this subchapter. 16 ‘‘§ 2961c. Duration of withdrawal and reservation 17 ‘‘The withdrawal and reservation made by this sub- 18 chapter shall terminate on March 31, 2039.’’. 19 (b) COMPENSATION TO BROADWATER COUNTY, MON- 20 TANA.—The Secretary of the Army may pay Broadwater 21 County, Montana, a one-time lump sum payment of 22 $1,000,000 to offset the 25-year loss of payments in lieu 23 of taxes provided to the County by the Federal Govern- 24 ment for lands withdrawn and reserved by subchapter III 25 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 189 •HR 1960 IH of chapter 174 of title 10, United States Code, as added 1 by subsection (a). 2 (c) TERMINATION OF PRIOR WITHDRAWALS.—The 3 withdrawal and reservation contained in section 803(a) of 4 the California Military Lands Withdrawal and Overflights 5 Act of 1994 is hereby terminated. Notwithstanding such 6 termination, all rules, regulations, orders, permits, and 7 other privileges issued or granted by the Secretary of the 8 Interior or a Secretary concerned with respect to the lands 9 withdrawn and reserved under such section, unless incon- 10 sistent with the provisions of chapter 174 of title 10, 11 United States Code, as added by subsection (a), shall re- 12 main in force until modified, suspended, overruled, or oth- 13 erwise changed by that Secretary, by a court of competent 14 jurisdiction, or by operation of law. 15 (d) CLERICAL AMENDMENT.—The table of chapters 16 at the beginning of subtitle A of such title and at the be- 17 ginning of part IV of such subtitle are each amended by 18 inserting after the item relating to chapter 173 the fol- 19 lowing new item: 20 ‘‘174. Land Withdrawals .................................................................. 2931’’. SEC. 2822. FORT BLISS MILITARY LAND WITHDRAWAL. 21 (a) REVOCATION OF WITHDRAWAL; RETURN OF AD- 22 MINISTRATION.—Effective on the date of the enactment 23 of this Act— 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 190 •HR 1960 IH (1) Public Land Order 833, dated May 21, 1 1952 (17 Fed. Reg. 4822), is revoked as to the ap- 2 proximately 2,050 acres of lands generally depicted 3 as ‘‘Parcel 1’’ on the map titled ‘‘Don˜a Ana County 4 Land Transfer and Withdrawal’’, dated April 20, 5 2011 (referred to in this section as the ‘‘map’’); 6 (2) administration of the lands is returned from 7 the Secretary of the Army to the Secretary of the 8 Interior, acting through the Director of the Bureau 9 of Land Management; and 10 (3) the lands shall be managed as public lands 11 in accordance with the Federal Land Policy and 12 Management Act of 1976 (43 U.S.C. 1701 et seq.) 13 and any other applicable laws. 14 (b) WITHDRAWAL.— 15 (1) IN GENERAL.—Subject to valid existing 16 rights and the limitations in paragraph (2), the par- 17 cels of Federal land generally depicted on the map 18 as ‘‘Parcel 2’’ and ‘‘Parcel 3’’, consisting of approxi- 19 mately 35,550 acres, and any land or interest in 20 land that is acquired by the United States within the 21 boundaries of those parcels, are withdrawn from all 22 forms of location, entry, appropriation, and disposal 23 under the public land laws, including the mineral 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 191 •HR 1960 IH leasing laws, the mining laws, the mineral materials 1 laws, and the geothermal leasing laws. 2 (2) LIMITATION.—Notwithstanding paragraph 3 (1), Parcel 3 is not withdrawn for purposes of the 4 issuance of oil and gas pipeline rights-of-way. 5 (c) MAPS AND LEGAL DESCRIPTION.— 6 (1) PUBLICATION AND FILING.—As soon as 7 practicable after the date of the enactment of this 8 Act, the Secretary of the Interior shall— 9 (A) publish in the Federal Register a legal 10 description of the parcels of Federal land re- 11 turned by subsection (a) and withdrawn by sub- 12 section (b); and 13 (B) file copies of the map described in sub- 14 section (a) and the legal description of the par- 15 cels with the Committee on Armed Services and 16 the Committee on Energy and Natural Re- 17 sources of the Senate and the Committee on 18 Armed Services and the Committee on Natural 19 Resources of the House of Representatives. 20 (2) FORCE OF LAW.—The map and legal de- 21 scriptions filed under paragraph (1)— 22 (A) shall have the same force and effect as 23 if included in this Act, except that the Sec- 24 VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS 192 •HR 1960 IH retary of the Interior may correct errors in the 1 map and legal descriptions; and 2 (B) shall be on file and available for public 3 inspection in the appropriate offices of the Bu- 4 reau of Land Management. 5 Æ VerDate Mar 15 2010 23:32 May 15, 2013 Jkt 029200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6301 E:\BILLS\H1960.IH H1960 sroberts on DSK5SPTVN1PROD with BILLS