“(7) The amounts of increases or decreases in costs of that ship that are attributable to the shipboard test program.”
“(b) Insurance of united states government property—The authority of the Secretary of Transportation to provide insurance and reinsurance for a department, agency, or instrumentality of the United States Government under section 44305 is not effective after December 31, 2018.”
“(2) Expenses covered by paragraph (1) include travel, transportation, and subsistence expenses of Department of Defense personnel for purposes of evaluating the scope of a humanitarian or civic assistance activity under this section or conducting assessments of such activities, except that the total value of such expenses incurred with respect to any activity may not exceed 10 percent of the activity value.”
“4727. Cemetery concessions contracts
“(a) In general—The Secretary of the Army may enter into concessions contracts at the Cemeteries. Subject to this section, any such contract shall be consistent with the provisions of chapter 137 of this title.
“(b) Special requirements—All services and concessioner conduct provided pursuant to a concessions contract under subsection (a) shall be performed in a manner and to standards that fully honor the service and sacrifices of the deceased members of the armed forces. The Secretary may establish such concessions contract requirements as the Secretary deems necessary to ensure the protection, dignity, and solemnity of the Cemeteries.
“(c) Term of concessions contracts
“(1) In general—A concessions contract entered into under subsection (a) may be awarded for a term of up to 10 years. If the Secretary determines that the contract terms and conditions, including any required construction of capital improvements, warrant a longer term, the Secretary may award a contract for a term of up to 20 years.
“(2) Transportation services—Notwithstanding paragraph (1), a concessions contract entered into pursuant to subsection (a) solely for the provision of transportation services at the Cemeteries may provide for the contract to cover any period up to five years and may extend the contract period for one or more successive periods pursuant to an option provided in the contract or a modification of the contract. The total contract period as extended may not exceed 10 years.
“(d) Franchise fees—A concessions contract shall provide for payment to the government of a franchise fee or such other monetary consideration as determined by the Secretary. Generation of revenue for the United States shall be subordinate to the objectives of honoring the service and sacrifices of the deceased members of the armed forces and of providing necessary and appropriate services for visitors at reasonable rates.
“(e) Special account—All franchise fees (and other monetary consideration) under subsection (d) paid to the United States pursuant to concessions contracts shall be deposited into a special account established in the Treasury of the United States. The funds deposited in the special account shall be available for expenditure by the Secretary, without further appropriation, to support activities at the Cemeteries. The funds deposited into the special account shall remain available until expended.
“(f) Definitions—In this section:
“(1) The term “concessioner” means a public or private entity, including a person, corporation, or partnership, that is awarded a concessions contract under subsection (a).
“(2) The term “concessions contract” means a contract for the provision of tour bus, interpretative, and other necessary and appropriate services to visitors at the Cemeteries.”
“7235. Establishment of the Southern Sea Otter Military Readiness Areas
“(a) Establishment—The Secretary of the Navy shall establish areas, to be known as “Southern Sea Otter Military Readiness Areas”, for national defense purposes. Such areas shall include each of the following:
“(1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:
“(2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone.
“(b) Activities within the Southern Sea Otter Military Readiness Areas
“(1) Incidental takings under Endangered Species Act of 1973—Sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
“(2) Incidental takings under Marine Mammal Protection Act of 1972—Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
“(3) Treatment as species proposed to be listed—For purposes of conducting a military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).
“(c) Removal—Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas be removed from the Areas.
“(d) Revision or termination of exceptions—The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that military activities occurring in the Southern Sea Otter Military Readiness Areas are impeding the southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels.
“(e) Monitoring
“(1) In general—The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the southern sea otter population and on the near-shore ecosystem. Monitoring and research parameters and methods shall be determined in consultation with the Service.
“(2) Reports—Not later than 24 months after the date of the enactment of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1).
“(f) Definitions—In this section:
“(1) Southern sea otter—The term “southern sea otter” means any member of the subspecies Enhydra lutris nereis.
“(2) Take—The term “take”—
“(A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), shall have the meaning given such term in that Act; and
“(B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) shall have the meaning given such term in that Act.
“(3) Incidental taking—The term “incidental taking” means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.
“(4) Military readiness activity—The term “military readiness activity” has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (16 U.S.C. 703 note) and includes all training and operations of the armed forces that relate to combat and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use.
“(5) Optimum sustainable population—The term “optimum sustainable population” means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.”
“(2) The Secretary of the military department concerned shall specify the number of officers described in paragraph (1) that a selection board convened under section 14101(b) of this title may recommend for removal from the reserve active-status list.
“(3) When the Secretary of the military department concerned submits a list of officers to a selection board convened under section 14101(b) of this title to consider officers for selection for removal from the reserve active-status list under this section, such list (except as provided in paragraph (4)) shall include each officer on the reserve active-status list in the same grade and competitive category whose position on the reserve active-status list is between that of the most junior officer in that grade and competitive category whose name is submitted to the board and that of the most senior officer in that grade and competitive category whose name is submitted to the board.
“(4) A list under paragraph (3) may not include an officer in that grade and competitive category who has been approved for voluntary retirement or who is to be involuntarily retired under any provision of law during the fiscal year in which the selection board is convened or during the following fiscal year.”
“311. Active and inactive National Guard; transfer of officers
“During the period ending on December 31, 2016, nothing in this chapter shall prevent any of the following:
“(1) An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard from being transferred from the active Army National Guard to the inactive Army National Guard.
“(2) An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard from being transferred from the active Air National Guard to the inactive Air National Guard.
“(3) An officer of the Army National Guard transferred to the inactive Army National Guard from being transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.
“(4) An officer of the Air National Guard transferred to the inactive Air National Guard from being transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.”
“(d)
“(1) The Secretary of the Army and the Secretary of the Air Force may maintain an active status list and an inactive status list of members in the inactive Army National Guard and the inactive Air National Guard, respectively.
“(2) The total number of Army National Guard and Air National Guard members, combined, on the active status lists and the inactive status lists assigned to the inactive National Guard may not exceed 10,000 during any period.
“(3) The total number of Army National Guard and Air National Guard members, combined, on the active status lists of the inactive National Guard may not exceed 4,000 during any period.
“(4) The authority under this subsection expires at the close of December 31, 2016.”
“(2) During the period beginning on the date of the enactment of this paragraph and ending on December 31, 2016, an enlisted member of the active Army National Guard may be transferred to the inactive Army National Guard without regard to whether the member was formerly enlisted in the inactive Army National Guard and an enlisted member of the active Air National Guard may be transferred to the inactive Air National Guard without regard to whether the member was formerly enlisted in the inactive Air National Guard.”
“(d)
“(1) During any period during which there is an inactive status list for the inactive Army National Guard under section 303(d) of title 32—
“(A) the first sentence of subsection (b) shall apply only with respect to Reserves assigned to the inactive Army National Guard who are assigned to the inactive status list; and
“(B) the exclusion of the Army National Guard of the United States under the first sentence of subsection (c) shall be inapplicable.
“(2) During any period during which there is an inactive status list for the inactive Air National Guard under section 303(d) of title 32—
“(A) the first sentence of subsection (b) shall apply only with respect to Reserves assigned to the inactive Air National Guard who are assigned to the inactive status list; and
“(B) the exclusion of the Air National Guard of the United States under the first sentence of subsection (c) shall be inapplicable.”
“(3) Service in the inactive National Guard (for any period other than a period during which there is an inactive status list for the inactive National Guard under section 303(d) of title 32) and service while assigned to the inactive status list of the inactive National Guard (for any period during which there is an inactive status list for the inactive National Guard under section 303(d) of title 32).”
“(j) A complaint of wrongful discrimination by a person employed under subsection (a) who is a military technician (dual status) and otherwise subject to the requirements of subsection (b) shall be considered a complaint of wrongful discrimination by a member of the armed forces.”
“(E) The senior-level course of the School of Advanced Military Studies of the United States Army Command and General Staff College.”
“(3) Enlisted members of the armed forces other than the Air Force participating in joint-service medical training and education or who are serving as instructors in such joint-service medical training and education.”
“1560. Judicial review of decisions relating to correction of military records
“(a) Availability of judicial review
“(1) In general—Any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter.
“(2) Records correction final decision defined—In this section, the term “records correction final decision” means any of the following:
“(A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title.
“(B) A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(f) of this title.
“(C) A final decision issued by the Secretary of Defense pursuant to section 1034(g) of this title.
“(b) Matters must be justiciable—Notwithstanding subsection (a), a court in which judicial review of a records correction final decision is sought does not have jurisdiction to review any matter or issue raised in a petition of review that is not justiciable.
“(c) Exhaustion of administrative remedies
“(1) General rule—Except as provided in paragraph (3), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) in a case arising after the date of the enactment of this section may not be obtained under this section or any other provision of law unless—
“(A) the petitioner has requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title); and
“(B) the Secretary concerned has rendered a final decision denying that correction in whole or in part.
“(2) Whistleblower cases—In a case arising after the date of the enactment of this section in which the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the Secretary of Defense has made a decision in the matter or the end of the period specified in that section for the Secretary to make such a decision, whichever occurs first.
“(3) Class actions—In the case of a matter subject to correction under a provision of law specified in subsection (a)(2) in a case arising after the date of the enactment of this section in which judicial review is not precluded by reason of paragraph (1) or (2), if judicial review of a records correction final decision of the matter is sought and if the petitioner for judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title) and if the court issues an order certifying a class in the case, the limitations of paragraphs (1) and (2) shall be inapplicable to any member of the class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified.
“(d) Statutes of limitation
“(1) Two years from final decision—In the case of a records correction final decision that is issued on or after the date of the enactment of this section, such decision is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than two years after the date of the final decision other than in a matter to which paragraph (2) applies.
“(2) Six years for certain claims that may result in payment of money
“(A) In the case of a records correction final decision that is issued on or after the date of the enactment of this section and which is described in subparagraph (B), such decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of discharge, retirement, release from active duty, or death while on active duty of the person whose military records are the subject of the correction request. There shall be excluded from the computation of such six-year period the period (i) beginning on the date of the filing with the Secretary of a request for correction of military records leading to the records correction final decision, and (ii) ending on the date of such decision.
“(B) A records correction final decision is described in this subparagraph to the extent that the decision, or portion of the decision, is a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money, other than payments made under chapter 73 of this title, either under a court order or under a subsequent administrative determination.
“(e) Sole basis for judicial review—In the case of a cause of action arising after the date of the enactment of this section, no court shall have jurisdiction to review any matter subject to correction under a provision of law specified in subsection (a)(2) except as provided in this section.
“(f) Habeas corpus—This section does not affect any cause of action arising under chapter 153 of title 28.”
“(7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member a concise written statement of the basis for the decision and a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review.”
“(2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member a concise written statement of the basis for the decision and a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review.”
“(h) Judicial review
“(1) A decision of the Secretary of Defense under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.
“(2) In a case in which review by the Secretary of Defense under subsection (g) was not sought, a decision of the Secretary of a military department under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.
“(3) A decision by the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.”
“(h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant a concise written statement of the basis for the decision and a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time for obtaining such review.
“(i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.”
“1136. Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
“(a) Establishment—There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department of Homeland Security, respectively, a roll designated as the “Army, Navy, Air Force, and Coast Guard Medal of Honor Roll”.
“(b) Enrollment—The Secretary concerned shall enter and record on such roll the name of each person who has served on active duty in the armed forces and who has been awarded a medal of honor pursuant to section 3741, 6241, or 8741 of this title or section 491 of title 14.
“(c) Certificate
“(1) In general—Each living person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be furnished a certificate of enrollment on such roll.
“(2) Entitlement to special pension—The Secretary concerned shall deliver to the Secretary of Veterans Affairs a certified copy of each certificate of enrollment issued under paragraph (1). Such copy shall authorize the Secretary of Veterans Affairs to pay the special pension provided by section 1562 of title 38 to the person named in the certificate.”
“(g)
“(1) A person who is entitled to a special pension under subsection (a) may elect not to receive such special pension by notifying the Secretary of such election in writing.
“(2) The Secretary, upon receipt of such election, shall cease payments of the special pension to such person.”
“(10) To the extent authorized under section 1482(g) of this title, any person not otherwise covered by the preceding paragraphs whose remains (or partial remains) have been retained by the Secretary concerned for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title.”
“(g)
“(1) The payment of expenses incident to the recovery, care, and disposition of the remains of a decedent covered by section 1481(a)(10) of this title is limited to those expenses that, as determined under regulations prescribed by the Secretary of Defense, would not have been incurred but for the retention of those remains for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title. The Secretary concerned shall pay all other expenses authorized to be paid under this section only on a reimbursable basis. Amounts reimbursed to the Secretary concerned under this subsection shall be credited to appropriations available at the time of reimbursement for the payment of such expenses.
“(2) In a case covered by paragraph (1), if the person designated under subsection (c) to direct disposition of the remains of a decedent does not direct disposition of the remains that were retained for the forensic pathology investigation, the Secretary may pay for the transportation of those remains to, and interment or inurnment of those remains in, an appropriate place selected by the Secretary, in lieu of the transportation authorized to be paid under paragraph (8) of subsection (a).
“(3) In a case covered by paragraph (1), expenses that may be paid do not include expenses with respect to an escort under paragraph (8) of subsection (a), whether or not on a reimbursable basis.”
“(2) The Secretary concerned shall withhold from personnel files under this section, as privileged information, any survival, evasion, resistance and escape debriefing report provided by a person described in section 1501(c) of this title who is returned to United States control which is obtained under a promise of confidentiality made for the purpose of ensuring the fullest possible disclosure of information.”
“(9) The term “survival, evasion, resistance, and escape debrief” means an interview conducted with a person described in section 1501(c) of this title who is returned to United States control in order to record the person’s experiences while surviving, evading, resisting interrogation or exploitation, or escaping.”
“(D) coordination of periodic briefing of families of missing persons about the efforts of the Department of Defense to account for those persons.”
“(4)
“(A) In paragraph (3), the term “qualified offense” means, except as provided in subparagraph (B), an offense under this chapter for which—
“(i) the maximum sentence of confinement that may be adjudged does not exceed two years; and
“(ii) the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months.
“(B) Such term does not include such offenses as the Secretary of Defense may prescribe by regulation.”
“(5) If the convening authority or other person authorized to act under this section modifies the findings or sentence of a court-martial, such person shall prepare a written explanation for such modification. Such explanation shall be made a part of the record of trial and action thereon.”
“(7) Enforcement by the attorney general
“(A) In general—The Attorney General may commence a civil action in any appropriate district court of the United States against any person who—
“(i) engages in a pattern or practice of violating this section; or
“(ii) engages in a violation of this section that raises an issue of general public importance.
“(B) Relief—In a civil action commenced under subparagraph (A), the court—
“(i) may grant any appropriate equitable or declaratory relief with respect to the violation of this section;
“(ii) may award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and
“(iii) may, to vindicate the public interest, assess a civil penalty—
“(I) in an amount not exceeding $110,000 for a first violation; and
“(II) in an amount not exceeding $220,000 for any subsequent violation.
“(C) Intervention—Upon timely application, a person aggrieved by a violation of this section with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under paragraph (5) with respect to that violation, along with costs and a reasonable attorney fee.
“(D) Issuance and service of civil investigative demands—Whenever the Attorney General, or a designee, has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this section, the Attorney General, or a designee, may, before commencing a civil action under subparagraph (A), issue in writing and cause to be served upon such person, a civil investigative demand requiring—
“(i) the production of such documentary material for inspection and copying;
“(ii) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or
“(iii) the production of any combination of such documentary material or answers.
“(E) Relationship to false claims act—The statutory provisions governing the authority to issue, use, and enforce civil investigative demands under section 3733 of title 31 (known as the “False Claims Act”) shall govern the authority to issue, use, and enforce civil investigative demands under subparagraph (D), except that—
“(i) any reference in that section to false claims law investigators or investigations shall be applied for purposes of subparagraph (D) as referring to investigators or investigations under this section;
“(ii) any reference in that section to interrogatories shall be applied for purposes of subparagraph (D) as referring to written questions and answers to such need not be under oath;
“(iii) the statutory definitions for purposes of that section relating to “false claims law” shall not apply; and
“(iv) provisions of that section relating to qui tam relators shall not apply.”
“(H) The Department of Justice.”
“(3)
“(A) An election by a member to change from receipt of retired pay in accordance with this section to receipt of special compensation in accordance with section 1413a of this title pursuant to paragraph (2), shall not affect payments made before the date of such election to the member’s spouse or former spouse pursuant to section 1408 of this title, of disposable retired pay that a court treated as property for the purpose of issuing a final decree of divorce, dissolution, annulment, or legal separation, including a court ordered, ratified, or approved property settlement incident to such decree.
“(B) In this paragraph:
“(i) The term “court” has the meaning given such term in section 1408(a)(1) of this title.
“(ii) The term “disposable retired pay” has the meaning given such term in section 1408(a)(4) of this title.
“(iii) The term “final decree” has the meaning given such term in section 1408(a)(3) of this title.
“(iv) The term “member” has the meaning given such term in section 1408(a)(5) of this title.
“(v) The term “spouse or former spouse” has the meaning given such term in section 1408(a)(6) of this title.”
“(b) Period of authority—A period referred to in subsection (a)(1) is any of the following:
“(1) With respect to any member of the Selected Reserve of a reserve component, the period beginning on October 23, 1992, and ending on December 31, 2001.
“(2) With respect to any member of the Selected Reserve of the Air Force Reserve or Air National Guard of the United States, the period beginning on October 1, 2014, and ending on December 31, 2018.”
“(f) Enrollment fees
“(1) Amount—Beginning January 1, 2014, the enrollment fee described in subsection (e) for a covered beneficiary shall be an amount (rounded to the nearest dollar) equal to the applicable percentage (specified in paragraph (2)) of the retired pay of the member or former member upon whom the covered beneficiary’s eligibility is based, except that the amount of such enrollment fee shall not be in excess of the applicable maximum enrollment fee nor less than the applicable minimum enrollment fee specified in paragraph (3).
“(2) Percentage of retired pay—The applicable percentage of retired pay shall be determined in accordance with the following table:
“(3) Maximum and minimum enrollment fees
“(A) Before 2018
“(i) Family groups—For the years 2014 through 2017, the applicable maximum and minimum enrollment fees for a family group of two or more persons shall be determined in accordance with the following table:
“(ii) Individuals—The applicable maximum and minimum enrollment fees for an individual shall be one-half the corresponding maximum and minimum enrollment fees for a family group of two or more persons (as specified in clause (i)).
“(B) After 2017—For any year after 2017, the applicable maximum and minimum enrollment fees shall be equal to the maximum and minimum enrollment fees for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such calendar year.
“(4) Exclusion—Notwithstanding paragraph (1), the enrollment fee described in subsection (e) for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or for a dependent of such a member shall not exceed the amount of any such enrollment fee for 2013.”
“(b) For a person covered by this section, any plan contracted for under section 1079(a) of this title shall contain the following provisions for payment by the patient:
“(1) An annual enrollment fee. The amount of such annual enrollment fee for a year is—
“(A) for 2014, $70 for an individual or $140 for a family group of two or more persons;
“(B) for 2015, $85 for an individual or $170 for a family group of two or more persons;
“(C) for 2016, $100 for an individual or $200 for a family group of two or more persons;
“(D) for 2017, $115 for an individual or $230 for a family group of two or more persons;
“(E) for 2018, $125 for an individual or $250 for a family group of two or more persons; and
“(F) for any year after 2018, the amount of the applicable enrollment fee for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year.
“(2) An annual deductible of the charges in a year for all types of care authorized by this section and received while in an outpatient status and 25 percent of all subsequent charges for such care during a year. The amount of such annual deductible for a year is—
“(A) for 2014, $160 for an individual or $320 for a family group of two or more persons;
“(B) for 2015, $200 for an individual or $400 for a family group of two or more persons;
“(C) for 2016, $230 for an individual or $460 for a family group of two or more persons;
“(D) for 2017, $260 for an individual or $520 for a family group of two or more persons;
“(E) for 2018, $290 for an individual or $580 for a family group of two or more persons; and
“(F) for any year after 2018, the amount of the applicable deductible for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year.
“(3) 25 percent of the charges for inpatient care. The Secretary of Defense may exempt a patient from paying such charges if the hospital to which the patient is admitted does not impose a legal obligation on any of its patients to pay for inpatient care.
“(4) A person covered by this section may not be required to pay a total in excess of a catastrophic cap, excluding the amount of any annual enrollment fee under paragraph (1), for health care received during any year under a plan contracted for under section 1079(a) of this title. The amount of such catastrophic cap for a year is—
“(A) for 2013, $3,000; and
“(B) for any year after 2013, the amount of the catastrophic cap for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year.
“(5) Notwithstanding paragraphs (1), (2), and (4), for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member—
“(A) there is no annual enrollment fee;
“(B) the annual deductible referred to in paragraph (2) for a year is $150 for an individual or $300 for a family group of two or more persons; and
“(C) the catastrophic cap for a year is $3,000.”
“(D)
“(i) Beginning January 1, 2014, a person described in paragraph (2) (except as provided in clauses (vi) and (vii)), shall pay an annual enrollment fee as a condition of eligibility for health care benefits under this section. Such enrollment fee shall be an amount (rounded to the nearest dollar) equal to the applicable percentage (specified in clause (ii)) of the retired pay of the member or former member upon whom the covered beneficiary’s eligibility is based, except that the amount of such enrollment fee shall not be in excess of the applicable maximum enrollment fee (specified in clause (iii)).
“(ii) The applicable percentage of retired pay shall be determined in accordance with the following table:
“(iii) For any year 2014 through 2017, the applicable maximum enrollment fees for a family group of two or more persons shall be determined in accordance with the following table:
“(iv) For any year after 2017, the applicable maximum enrollment fee shall be equal to the maximum enrollment fee for the previous year increased by the percentage by which retired pay is increased under section 1401a of this title for such year.
“(v) The applicable maximum enrollment fee for an individual shall be one-half the corresponding maximum fee for a family group of two or more persons (as determined under clauses (iii) and (iv)).
“(vi) Clause (i) shall not apply to a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member.
“(vii) Clause (i) also shall not apply to a person who, prior to the date of the enactment of this subparagraph, met the conditions described in paragraph (2)(A) and (B).”
“(6)
“(A) In the case of any of the years 2014 through 2023, the cost sharing amounts referred to in paragraph (5) shall be determined in accordance with the following table:
“(B) For any year after 2023, the cost sharing amounts referred to in paragraph (5) shall be equal to the cost sharing amounts for the previous year, adjusted by an amount, if any, as determined by the Secretary to reflect changes in the costs of pharmaceutical agents and prescription dispensing, rounded to the nearest dollar.
“(C) Notwithstanding subparagraphs (A) and (B), the cost-sharing amounts referred to in paragraph (5) for any year for a dependent of a member of the uniformed services who dies while on active duty, a member retired under chapter 61 of this title, or a dependent of such a member shall be equal to the cost sharing amounts, if any, for fiscal year 2013.”
“(i) Refills of prescription maintenance medications through the national mail order pharmacy program
“(1) In general—The pharmacy benefits program shall require eligible covered beneficiaries to refill non-generic prescription maintenance medications through military treatment facility pharmacies or the national mail-order pharmacy program.
“(2) Medications covered
“(A) Determination—The Secretary shall determine the maintenance medications subject to the requirement under paragraph (1).
“(B) Supply—In carrying out the requirement under paragraph (1), the Secretary shall ensure that the medications subject to the requirement under paragraph (1) are—
“(i) generally available to eligible covered beneficiaries through retail pharmacies only for an initial filing of a 30-day or less supply; and
“(ii) any refills of such medications are obtained through a military treatment facility pharmacy or the national mail-order pharmacy program.
“(C) Exemption—The Secretary may exempt the following prescription maintenance medications from the requirements in subparagraph (B):
“(i) Medications that are for acute care needs.
“(ii) Such other medications as the Secretary determines appropriate.”
“(e)
“(1) During any fiscal year, if the Secretary of Defense determines that the amount certified under subsection (c) is no longer accurate because of a significant change in circumstances or law, the Secretary of Defense may, if appropriate, certify a revised amount determined in accordance with subsection (b)(2) to the Secretary of the Treasury.
“(2) If the Secretary of Defense makes a certification under paragraph (1), each other administering Secretary shall make and advise the Secretary of the Treasury of a revised determination, consistent with section 1111(c) of this title.
“(3) If a certification and determination are made under paragraphs (1) and (2), the Secretary of the Treasury shall promptly pay into or recoup from the Fund the difference between the amount paid into the Fund under subsection (a) and the amount certified or determined by the administering Secretary under paragraph (1) or (2).”
“(1) Associated support services—The term”
“(2) Supplies—The term “supplies” means all property except land or interest in land.”
“164 Administrative remedies for false claims and statements
“2751. Applicability of chapter; definitions
“(a) Applicability of chapter—This chapter applies to the following agencies:
“(1) The Department of Defense.
“(2) The National Aeronautics and Space Administration.
“(b) Definitions—In this chapter:
“(1) Head of an agency—The term “head of an agency” means the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration.
“(2) Claim—The term “claim” means any request, demand, or submission—
“(A) made to the head of an agency for property, services, or money (including money representing grants, loans, insurance, or benefits);
“(B) made to a recipient of property, services, or money received directly or indirectly from the head of an agency or to a party to a contract with the head of an agency—
“(i) for property or services if the United States—
“(I) provided such property or services;
“(II) provided any portion of the funds for the purchase of such property or services; or
“(III) will reimburse such recipient or party for the purchase of such property or services; or
“(ii) for the payment of money (including money representing grants, loans, insurance, or benefits) if the United States—
“(I) provided any portion of the money requested or demanded; or
“(II) will reimburse such recipient or party for any portion of the money paid on such request or demand; or
“(C) made to the head of an agency which has the effect of decreasing an obligation to pay or account for property, services, or money.
“(3) Knows or has reason to know—The term “knows or has reason to know”, for purposes of establishing liability under section 2752 of this title, means that a person, with respect to a claim or statement—
“(A) has actual knowledge that the claim or statement is false, fictitious, or fraudulent;
“(B) acts in deliberate ignorance of the truth or falsity of the claim or statement; or
“(C) acts in reckless disregard of the truth or falsity of the claim or statement, and no proof of specific intent to defraud is required.
“(4) Responsible official—The term “responsible official” means a designated debarring and suspending official of the agency named in subsection (a).
“(5) Respondent—The term “respondent” means a person who has received notice from a responsible official asserting liability under section 2752 of this title.
“(6) Statement—The term “statement” means any representation, certification, affirmation, document, record, or an accounting or bookkeeping entry made—
“(A) with respect to a claim or to obtain the approval or payment of a claim (including relating to eligibility to make a claim); or
“(B) with respect to (including relating to eligibility for)—
“(i) a contract with, or a bid or proposal for a contract with the head of an agency; or
“(ii) a grant, loan, or benefit from the head of an agency.
“(c) Claims—For purposes of paragraph (2) of subsection (b)—
“(1) each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim;
“(2) each claim for property, services, or money is subject to this chapter regardless of whether such property, services, or money is actually delivered or paid; and
“(3) a claim shall be considered made, presented, or submitted to the head of an agency, recipient, or party when such claim is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of such authority, recipient, or party.
“(d) Statements—For purposes of paragraph (6) of subsection (b)—
“(1) each written representation, certification, or affirmation constitutes a separate statement; and
“(2) a statement shall be considered made, presented, or submitted to the head of an agency when such statement is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of such authority.
“2752. False claims and statements; liability
“(a) False claims—Any person who makes, presents, or submits, or causes to be made, presented, or submitted, to the head of an agency a claim that the person knows or has reason to know—
“(1) is false, fictitious, or fraudulent;
“(2) includes or is supported by any written statement which asserts a material fact that is false, fictitious, or fraudulent;
“(3) includes or is supported by any written statement that—
“(A) omits a material fact;
“(B) is false, fictitious, or fraudulent as a result of such omission; and
“(C) the person making, presenting, or submitting such statement has a duty to include such material fact; or
“(4) is for payment for the provision of property or services which the person has not provided as claimed,
“(b) False statements—Any person who makes, presents, submits, or causes to be made, presented, or submitted, a written statement in conjunction with a procurement program or acquisition of the agency named in section 2751(a) of this title that—
“(1) the person knows or has reason to know—
“(A) asserts a material fact that is false, fictitious, or fraudulent; or
“(B)
“(i) omits a material fact; and
“(ii) is false, fictitious, or fraudulent as a result of such omission;
“(2) in the case of a statement described in subparagraph (B) of paragraph (1), is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; and
“(3) contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement,
“2753. Hearing and determinations
“(a) Transmittal of notice to attorney general—If a responsible official determines that there is adequate evidence to believe that a person is liable under section 2752 of this title, the responsible official shall transmit to the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, a written notice of the intention of such official to initiate an action under this section. The notice shall include the following:
“(1) A statement of the reasons for initiating an action under this section.
“(2) A statement specifying the evidence which supports liability under section 2752 of this title.
“(3) A description of the claims or statements for which liability under section 2752 of this title is alleged.
“(4) An estimate of the penalties and assessments that will be demanded under section 2752 of this title.
“(5) A statement of any exculpatory or mitigating circumstances which may relate to such claims or statements.
“(b) Statement from attorney general
“(1) Within 90 days after receipt of a notice from a responsible official under subsection (a), the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, shall transmit a written statement to the responsible official which specifies—
“(A) that the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, approves or disapproves initiating an action under this section based on the allegations of liability stated in such notice; and
“(B) in any case in which the initiation of an action under this section is disapproved, the reasons for such disapproval.
“(2) If at any time after the initiation of an action under this section the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General, transmits to a responsible official a written determination that the continuation of any action under this section may adversely affect any pending or potential criminal or civil action, such action shall be immediately stayed and may be resumed only upon written authorization from the Attorney General, or any other officer or employee of the Department of Justice designated by the Attorney General.
“(c) Limitation on amount of claim that may be pursued under this section—No action shall be initiated under this section, nor shall any assessment be imposed under this section, if the total amount of the claim determined by the responsible official to violate section 2752(a) of this title exceeds $500,000. The $500,000 threshold does not include penalties or any assessment permitted under 2752(a) of this title greater than the amount of the claim determined by the responsible official to violate such section.
“(d) Procedures for resolving claims
“(1) Upon receiving approval under subsection (b) to initiate an action under this section, the responsible official shall mail, by registered or certified mail, or other similar commercial means, or shall deliver, a notice to the person alleged to be liable under section 2752 of this title. Such notice shall specify the allegations of liability against such person, specify the total amount of penalties and assessments sought by the United States, advise the person of the opportunity to submit facts and arguments in opposition to the allegations set forth in the notice, advise the person of the opportunity to submit offers of settlement or proposals of adjustment, and advise the person of the procedures of the agency named in section 2751(a) of this title governing the resolution of actions initiated under this section.
“(2) Within 30 days after receiving a notice under paragraph (1), or any additional period of time granted by the responsible official, the respondent may submit in person, in writing, or through a representative, facts and arguments in opposition to the allegations set forth in the notice, including any additional information that raises a genuine dispute of material fact.
“(3) If the respondent fails to respond within 30 days, or any additional time granted by the responsible official, the responsible official may issue a written decision disposing of the matters raised in the notice. Such decision shall be based on the record before the responsible official. If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty and/or assessment to be imposed on the respondent. Any such determination shall be based on a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision.
“(4) If the respondent makes a timely submission, and the responsible official determines that the respondent has not raised any genuine dispute of material fact, the responsible official may issue a written decision disposing of the matters raised in the notice. Such decision shall be based on the record before the responsible official. If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty or assessment to be imposed on the respondent. Any such determination shall be based on a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision.
“(5) If the respondent makes a timely submission, and the responsible official determines that the respondent has raised a genuine dispute of material fact, the responsible official shall commence a hearing to resolve the genuinely disputed material facts by mailing by registered or certified mail, or other similar commercial means, or by hand delivery of, a notice informing the respondent of—
“(A) the time, place, and nature of the hearing;
“(B) the legal authority under which the hearing is to be held;
“(C) the material facts determined by the responsible official to be genuinely in dispute that will be the subject of the hearing; and
“(D) a description of the procedures for the conduct of the hearing.
“(6) The responsible official and any person against whom liability is asserted under this chapter may agree to a compromise or settle an action at any time. Any compromise or settlement must be in writing.
“(e) Respondent entitled to copy of the record—At any time after receiving a notice under paragraph (1) of subsection (d), the respondent shall be entitled to a copy of the entire record before the responsible official.
“(f) Hearings—Any hearing commenced under this section shall be conducted by the responsible official, or a fact-finder designated by the responsible official, solely to resolve genuinely disputed material facts identified by the responsible official and set forth in the notice to the respondent.
“(g) Procedures for hearings
“(1) Each hearing shall be conducted under procedures prescribed by the head of the agency. Such procedures shall include the following:
“(A) The provision of written notice of the hearing to the respondent, including written notice of—
“(i) the time, place, and nature of the hearing;
“(ii) the legal authority under which the hearing is to be held;
“(iii) the material facts determined by the responsible official to be genuinely in dispute that will be the subject of the hearing; and
“(iv) a description of the procedures for the conduct of the hearing.
“(B) The opportunity for the respondent to present facts and arguments through oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required to resolve any genuinely disputed material facts identified by the responsible official.
“(C) The opportunity for the respondent to be accompanied, represented, and advised by counsel or such other qualified representative as the Secretary may specify in such regulations.
“(2) For the purpose of conducting hearings under this section, the responsible official is authorized to administer oaths or affirmations.
“(3) Hearings shall be held at the responsible official’s office, or at such other place as may be agreed upon by the respondent and the responsible official.
“(h) Decision following hearing—The responsible official shall issue a written decision within 60 days after the conclusion of the hearing. That decision shall set forth specific findings of fact resolving the genuinely disputed material facts that were the subject of the hearing. The written decision shall also dispose of the matters raised in the notice required under paragraph (1) of subsection (d). If the responsible official concludes that the respondent is liable under section 2752 of this title, the decision shall include the findings of fact and conclusions of law which the responsible official relied upon in determining that the respondent is liable, and the amount of any penalty or assessment to be imposed on the respondent. Any decisions issued under this subparagraph shall be based on the record before the responsible official and shall be supported by a preponderance of the evidence. The responsible official shall promptly send to the respondent a copy of the decision by registered or certified mail, or other similar commercial means, or shall hand deliver a copy of the decision.
“2754. Payment; interest on late payments
“(a) Payment of assessments and penalties—A respondent shall render payment of any assessment and penalty imposed by a responsible official, or any amount otherwise agreed to as part of a settlement or adjustment, not later than the date—
“(1) that is 30 days after the date of the receipt by the respondent of the responsible official’s decision; or
“(2) as otherwise agreed to by the respondent and the responsible official.
“(b) Interest—If there is an unpaid balance as of the date determined under paragraph (1), interest shall accrue from that date on any unpaid balance. The rate of interest charged shall be the rate in effect as of that date that is published by the Secretary of the Treasury under section 3717 of title 31.
“(c) Treatment of receipts—All penalties, assessments, or interest paid, collected, or otherwise recovered under this chapter shall be deposited into the Treasury as miscellaneous receipts as provided in section 3302 of title 31.
“2755. Judicial review
“A decision by a responsible official under section 2753(d) or 2753(h) of this title shall be final. Any such final decision is subject to judicial review only under chapter 7 of title 5.
“2756. Collection of civil penalties and assessments
“(a) Judicial enforcement of civil penalties and assessments—The Attorney General shall be responsible for judicial enforcement of any civil penalty or assessment imposed under this chapter.
“(b) Civil actions for recovery—Any penalty or assessment imposed in a decision by a responsible official, or amounts otherwise agreed to as part of a settlement or adjustment, along with any accrued interest, may be recovered in a civil action brought by the Attorney General. In any such action, no matter that was raised or that could have been raised in a proceeding under this chapter or pursuant to judicial review under section 2755 of this title may be raised as a defense, and the determination of liability and the determination of amounts of penalties and assessments shall not be subject to review.
“(c) Jurisdiction of United States District Courts—The district courts of the United States shall have jurisdiction of any action commenced by the United States under subsection (b).
“(d) Joining and consolidating actions—Any action under subsection (b) may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-claim, or setoff by the United States in any other civil action which includes as parties the United States, and the person against whom such action may be brought.
“(e) Jurisdiction of United States Court of Federal Claims—The United States Court of Federal Claims shall have jurisdiction of any action under subsection (b) to recover any penalty or assessment, or amounts otherwise agreed to as part of a settlement or adjustment, along with any accrued interest, if the cause of action is asserted by the United States as a counterclaim in a matter pending in such court. The counterclaim need not relate to the subject matter of the underlying claim.
“2757. Right to administrative offset
“The amount of any penalty or assessment that has been imposed by a responsible official, or any amount agreed upon in a settlement or compromise, along with any accrued interest, may be collected by administrative offset.
“2758. Limitations
“(a) Limitation on period for initiation of administrative action—An action under section 2752 of this title with respect to a claim or statement shall be commenced within six years after the date on which such claim or statement is made, presented, or submitted.
“(b) Limitation period for initiation of civil action for recovery of administrative penalty or assessment—A civil action to recover a penalty or assessment under section 2756 of this title shall be commenced within three years after the date of the decision of the responsible official imposing the penalty or assessment.
“2759. Effect on other laws
“(a) Relationship to title 44 authorities—This chapter does not diminish the responsibility of the head of an agency to comply with the provisions of chapter 35 of title 44, relating to coordination of Federal information policy.
“(b) Relationship to title 31 authorities—The procedures set forth in this chapter apply to the agencies named in section 2751(a) of this title in lieu of the procedures under chapter 38 of title 31, relating to administrative remedies for false claims and statements.
“(c) Relationship to other authorities—Any action, inaction, or decision under this chapter shall be based solely upon the information before the responsible official and shall not limit or restrict any agency of the Government from instituting any other action arising outside this chapter, including suspension or debarment, based upon the same information. Any action, inaction or decision under this chapter shall not restrict the ability of the Attorney General to bring judicial action, based upon the same information as long as such action is not otherwise prohibited by law.”
“(g) Extension of a program—In this chapter, the term “extension of a program” means, with respect to a major automated information system program or other major information technology investment program, the further deployment or planned deployment to additional users of the system which has already been found operationally effective and suitable by an independent test agency or the Director of Operational Test and Evaluation, beyond the scope planned in the original estimate or information originally submitted on the program.”
“(2) Notification when variance due to congressional action or extension of program—If a senior Department of Defense official who, following receipt of a quarterly report described in paragraph (1) and making a determination described in paragraph (3), also determines that the circumstances resulting in the determination described in paragraph (3) either (A) are primarily the result of congressional action, or (B) are primarily due to an extension of a program, the official may, in lieu of carrying out an evaluation and submitting a report in accordance with paragraph (1), submit to the congressional defense committees, within 45 days after receiving the quarterly report, a notification that the official has made those determinations. If such a notification is submitted, the limitation in subsection (g)(1) does not apply with respect to that determination under paragraph (3).”
“(A) A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the time set for receipt of initial proposals shall be filed before bid opening or the time set for receipt of initial proposals. In the case of a procurement where proposals are requested, alleged improprieties that do not exist in the initial solicitation but that are subsequently incorporated into the solicitation shall be protested not later than the next closing time for receipt of proposals following the incorporation. A protest that meets these time limitations that was previously filed with the Comptroller General may not be reviewed.
“(B) A protest other than one covered by subparagraph (A) shall be filed not later than 10 days after the basis of the protest is known or should have been known (whichever is earlier), with the exception of a protest challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such a case, with respect to any protest the basis of which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held.
“(C) If a timely agency-level protest was previously filed, any subsequent protest to the United States Court of Federal Claims that is filed within 10 days of actual or constructive knowledge of initial adverse agency action shall be considered, if the agency-level protest was filed in accordance with subparagraphs (A) and (B), unless the contracting agency imposes a more stringent time for filing the protest, in which case the agency’s time for filing shall control. In a case where an alleged impropriety in a solicitation is timely protested to a contracting agency, any subsequent protest to the United States Court of Federal Claims shall be considered timely if filed within the 10-day period provided by this subparagraph, even if filed after bid opening or the closing time for receipt of proposals.
“(D) A protest untimely on its face shall be dismissed. A protester shall include in its protest all information establishing the timeliness of the protest; a protester shall not be permitted to introduce for the first time in a motion for reconsideration information necessary to establish that the protest was timely. Under no circumstances may the United States Court of Federal Claims consider a protest that is untimely because it was first filed with the Government Accountability Office.”
“(5) The United States Court of Federal Claims shall have jurisdiction to render judgment on an action by an interested party challenging an agency’s decision to override a stay of contract award or contract performance that would otherwise be required by section 3553 of title 31.”
“(A) In general—The limitation in paragraph (1) shall not apply to the procurement of property and services on behalf of—
“(i) the Department of Defense by a non-defense agency during any fiscal year for which there is in effect a written determination of the Under Secretary of Defense for Acquisition, Technology, and Logistics that it is necessary in the interest of the Department of Defense to procure property and services through the non-defense agency during such fiscal year; or
“(ii) the Department of Defense and Department of Veterans Affairs interagency program office established under section 1635 of this Act.”
“(4) For the purposes of paragraph (1), a scholarship or fellowship awarded to a person who is not a citizen of the United States may only be awarded with the concurrence of the Secretary of State.”
“(4) Limitation on payments to or for contractors—Application for amounts in the Fund that includes amounts to be made available for payments to contractors or contractor employees for achieving the purposes of the Fund shall be subject to the approval of the senior official designated to manage the Fund. The Fund shall not be used to provide training or any other support to contractors.”
“(3) in support of an operation performed by special operations forces outside the continental United States so long as the operation is covered by an order of the Secretary of Defense referred to as an “execute order” and the procurement is of property or services which are special operations-peculiar as that term is defined in Department of Defense Directive 5100.03, entitled “Support of the Headquarters of Combatant and Subordinate Unified Commands” and dated February 9, 2011.”
“(3) in support of requests from the United States Agency for International Development to facilitate the provision of international disaster assistance pursuant to the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); or
“(4) in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).”
“(2) certifies that the program demonstrates a high likelihood of accomplishing its intended mission based upon either—
“(A) a formal assessment by the milestone decision authority of the results of a preliminary design review conducted before Milestone B approval; or
“(B) an approved acquisition strategy for the Engineering and Manufacturing Development Phase that includes a program schedule that identifies a specific timeframe for the conduct of a preliminary design review and post-preliminary design review assessment at an appropriate point after Milestone B approval; and”
“(16) Costs of compensation of any contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual amount paid to the President in accordance with section 102 of title 3, except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities.”
“(P) Costs of compensation of any contractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the annual amount paid to the President in accordance with section 102 of title 3, except that the head of the agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the agency has continued access to needed skills and capabilities.”
“(c) Applicability—This section shall apply only with respect to costs of compensation incurred under contracts entered into before the date that is 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014.”
“(D) Formulating policies for concept development and experimentation for the joint employment of the armed forces.
“(E) Formulating policies for gathering, developing, and disseminating joint lessons learned for the armed forces.”
“(c) Congressional intelligence committees defined—In this section, the term “congressional intelligence committees” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a).”
“(2) To advise the Council on the determination of scientific priorities and needs.
“(3) To provide the Council strategic advice regarding national ocean program execution and collaboration.”
“(3) That with respect to a contract that could have been terminated under paragraph (1) but for the prior completion of the contract’s performance, the United States is entitled to exemplary damages as set forth in paragraph (2), in accordance with the notice and hearing process set forth in paragraph (1).
“(4) That, with respect to a contract that is terminated under paragraph (1) or, as specified in paragraph (3), could have been terminated under paragraph (1) but for the prior completion of the contract’s performance, the United States may, after notifying the contractor but pending the determination concerning exemplary damages referred to in paragraph (2), withhold from payments otherwise due to the contractor under any contract between the contractor and the military department or Defense Agency that entered into the terminated (or completed) contract an amount that is up to 10 times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned, as such cost is estimated by the Secretary.”
“(2) Paragraph (4) of subsection (a) does not apply to a contract awarded on behalf of a military department or Defense Agency by a department or agency of the United States outside of the Department of Defense.”
“(b) Retention of damages; fraud fighting funds
“(1) Exemplary damages recovered under subsection (a)(2) may be retained by the Secretary of Defense, if recovered by a Defense Agency, or by the Secretary concerned, if recovered by a military department, without regard to section 3302 of title 31.
“(2) The Secretary of Defense and the Secretaries of the military departments shall each establish a “Fraud-Fighting Fund” for use by the Defense Agencies, in the case of the fund established by the Secretary of Defense, or military department, in the case of a fund established by the Secretary concerned, which shall be available to provide funds, in addition to funds which may be otherwise available for activities including training, investigations, administrative proceedings, enforcement actions, and other related activities associated with deterring and preventing fraud. Exemplary damages recovered under subsection (a)(2), shall be paid into the appropriate fund and shall be available until expended.”
“(4) any determination under section 2207 of this title.”
“(a) Authority To make transfer—The Secretary of the Navy may convey, by donation, all right, title, and interest to any vessel stricken from the Naval Vessel Register or any captured vessel, for use as a museum or memorial for public display in the United States, to—
“(1) any State, the District of Columbia, any Commonwealth or possession of the United States, or any municipal corporation or political subdivision thereof; or
“(2) any nonprofit entity.”
“(b) Limitations on liability and responsibility
“(1) Immunity of united states—The United States and all departments and agencies thereof, and their officers and employees, shall not be liable at law or in equity for any injury or damage to any person or property occurring on a vessel donated under this section.
“(2) Improvements, upgrades, and repairs—Notwithstanding any other law, the United States and all departments and agencies thereof, and their officers and employees, shall have no responsibility or obligation to make, engage in, or provide funding for, any improvement, upgrade, modification, maintenance, preservation, or repair to a vessel donated under this section.”
“(e) Application of environmental laws—Nothing in this section shall affect the applicability of Federal, State, interstate, and local environmental laws and regulations, including the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), to the Department of Defense or to a donee.
“(f) Definitions—In this section:
“(1) The term “nonprofit entity” means any entity qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986.
“(2) The term “Munitions List” means the United States Munitions List created and controlled under section 38 of the Arms Export Control Act (22 U.S.C. 2778).
“(3) The term “donee” means any entity receiving a vessel pursuant to subsection (a).”
“7306.
“Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation”
“(36) The Government of Bangladesh.
“(37) The Government of Yemen.”
“2672. Protection of property
“(a) In general—The Secretary of Defense shall protect the buildings, grounds, and property that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property.
“(b) Officers and agents
“(1) Designation
“(A) The Secretary may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a), including, with regard to civilian officers and agents, duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property.
“(B) A designation under subparagraph (A) may be made by individual, by position, by installation, or by such other category of personnel as the Secretary determines appropriate.
“(C) In making a designation under subparagraph (A) with respect to any category of personnel, the Secretary shall specify each of the following:
“(i) The personnel or positions to be included in the category.
“(ii) Which authorities provided for in paragraph (2) may be exercised by personnel in that category.
“(iii) In the case of civilian personnel in that category—
“(I) which authorities provided for in paragraph (2), if any, are authorized to be exercised outside the property specified in subsection (a); and
“(II) with respect to the exercise of any such authorities outside the property specified in subsection (a), the circumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance.
“(D) The Secretary may make a designation under subparagraph (A) only if the Secretary determines, with respect to the category of personnel to be covered by that designation, that—
“(i) the exercise of each specific authority provided for in paragraph (2) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authorities; and
“(ii) the necessary and proper training for the authorities to be exercised is available to the personnel in that category.
“(2) Powers—Subject to subsection (h) and to the extent specifically authorized by the Secretary, while engaged in the performance of official duties pursuant to this section, an officer or agent designated under this subsection may—
“(A) enforce Federal laws and regulations for the protection of persons and property;
“(B) carry firearms;
“(C) make arrests—
“(i) without a warrant for any offense against the United States committed in the presence of the officer or agent; or
“(ii) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
“(D) serve warrants and subpoenas issued under the authority of the United States; and
“(E) conduct investigations, on and off the property in question, of offenses that may have been committed against property under the jurisdiction, custody, or control of the Department of Defense or persons on such property.
“(c) Regulations
“(1) In general—The Secretary may prescribe regulations, including traffic regulations, necessary for the protection and administration of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply.
“(2) Penalties—A person violating a regulation prescribed under this subsection shall be fined under title 18, imprisoned for not more than 30 days, or both.
“(d) Limitation on delegation of authority—The authority of the Secretary of Defense under subsections (b) and (c) may be exercised only by the Secretary or Deputy Secretary of Defense.
“(e) Disposition of persons arrested—A person who is arrested pursuant to authority exercised under subsection (b) may not be held in a military confinement facility, other than in the case of a person who is subject to chapter 47 of this title (the Uniform Code of Military Justice).
“(f) Facilities and services of other agencies—In implementing this section, when the Secretary determines it to be economical and in the public interest, the Secretary may utilize the facilities and services of Federal, State, tribal, and local law enforcement agencies, with the consent of those agencies, and may reimburse those agencies for the use of their facilities and services.
“(g) Authority outside federal property—For the protection of property under the jurisdiction, custody, or control of the Department of Defense and persons on that property, the Secretary may enter into agreements with Federal agencies and with State, tribal, and local governments to obtain authority for civilian officers and agents designated under this section to enforce Federal laws and State, tribal, and local laws concurrently with other Federal law enforcement officers and with State, tribal, and local law enforcement officers.
“(h) Attorney general approval—The powers granted pursuant to subsection (b)(2) to officers and agents designated under subsection (b)(1) shall be exercised in accordance with guidelines approved by the Attorney General.
“(i) Limitation on statutory construction—Nothing in this section shall be construed—
“(1) to preclude or limit the authority of any Federal law enforcement agency;
“(2) to restrict the authority of the Secretary of Homeland Security or of the Administrator of General Services to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator, respectively;
“(3) to expand or limit section 21 of the Internal Security Act of 1950 (50 U.S.C. 797);
“(4) to affect chapter 47 of this title; or
“(5) to restrict any other authority of the Secretary of Defense or the Secretary of a military department.”
“(b) Primary members—Primary members of a military commission under this chapter are voting members.
“(c) Alternate members
“(1) A military commission may include alternate members to replace primary members who are excused from service on the commission.
“(2) Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed.”
“(4) in the case of an alternate member, in order to reduce the number of alternate members required for service on the commission, as determined by the convening authority.”
“(4) The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of section 948m(d) of this title are met.”
“2884. Project reports”
“(5) Not later than December 31 each year, the corrosion control and prevention executive of a military department shall submit to the Secretary of Defense a report containing recommendations pertaining to the corrosion control and prevention program of the military department. The report each year shall include recommendations for the funding levels necessary for the executive to carry out the duties of the executive under this section.”
“(D) Exceptions—Subparagraph (A) does not apply in the case of—
“(i) an individual described in paragraph (2)(C) who is otherwise sponsored by the Secretary of Defense, the Deputy Secretary of Defense, the Chairman of the Joint Chiefs of Staff, or the Vice Chairman of the Joint Chiefs of Staff; or
“(ii) an individual described in paragraph (2)(E).”
“(5) The Defense Institute for Security Assistance Management.
“(6) The Joint Special Operations University.”
“(e)
“(1) Subsection (a) shall not apply to an employee who performs work while assigned to duty in a designated zone of armed conflict.
“(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in subsection (a) to the extent that the aggregate of the basic pay and premium pay under those provisions for such employee would, in any calendar year, exceed the annual rate of salary payable to the Vice President under section 104 of title 3.
“(3) Notwithstanding paragraph (1), the Office of Personnel Management may prescribe a minimum period during which an employee is assigned to duty in a designated zone of armed conflict in order to be covered by such paragraph.
“(4) To the extent that a waiver under paragraph (1) results in payment of additional premium pay of a type that is normally creditable as basic pay for retirement or any other purpose, such additional pay shall not be considered to be basic pay for any purpose, nor shall it be used in computing a lump-sum payment for accumulated and accrued annual leave under section 5551.
“(5) The Office of Personnel Management may prescribe regulations to ensure appropriate consistency among heads of Executive agencies in the exercise of the authority granted by this subsection.
“(6) For the purpose of this subsection—
“(A) “assigned to duty in” refers to an employee who is officially assigned to work or duty (including serving on temporary duty) in a designated zone of armed conflict, which may include short periods away from the zone to perform work in connection with the assignment, subject to any limitations or requirements established by regulation or official policy; and
“(B) “designated zone of armed conflict” means a foreign country or other foreign geographic area outside of the United States (as that term is defined in section 202(7) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4302(7)) that is designated by the Secretary of State, in coordination with the Secretary of Defense, as an area where there are exceptional levels of armed violence. In making such a designation, the Secretary of State may consider—
“(i) whether the Armed Forces of the United States are involved in hostilities in the country or area;
“(ii) whether the incidence of civil insurrection, civil war, terrorism, or wartime conditions threatens physical harm or imminent danger to the health or well-being of United States civilian employees in the country or area;
“(iii) whether the country or area has been designated a combat zone by the President under section 112(c) of the Internal Revenue Code of 1986;
“(iv) whether a contingency operation involving combat operations directly affects civilian employees in the country or area; or
“(v) any other relevant conditions and factors.
“(7) The authority under this subsection expires at the close of December 31, 2015.”
“(e)
“(1) The preceding subsections of this section shall not apply to payments in addition to basic pay earned by an employee during a calendar year for performing work while assigned to duty in a designated zone of armed conflict (as such terms are defined in section 5547(e)(6)(A) and (B)).
“(2) For the purpose of this subsection, the term basic pay includes any applicable locality-based comparability payment under section 5304, any applicable special rate supplement under section 5305, and any similar payment under any other provision of law.
“(3) Notwithstanding paragraph (1), the Office of Personnel Management may prescribe a minimum period during which an employee is assigned to duty in a designated zone of armed conflict in order to be covered by such paragraph.
“(4) The Office of Personnel Management may prescribe regulations to implement this subsection.
“(5) The authority in paragraph (1) shall not apply to calendar years after 2015.”
“(5) The Inter-American Defense College.”
“(C) Additional fiscal years—Notwithstanding subparagraphs (A) and (B), and consistent with subsection (b), any unused balance of the total number of principal aliens who may be provided special immigrant status under this subsection in fiscal years 2008 through 2012 may be carried forward and provided through the end of fiscal year 2018, except that—
“(i) the one-year period during which a principal alien must have been employed in accordance with subsection (b)(1) shall be entirely during the period from March 20, 2003 through September 30, 2013; and
“(ii) a principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with subsection (b)(4) no later than September 30, 2017.”
“(D) Additional fiscal years—Notwithstanding subparagraph (C), for each of the fiscal years 2014 through 2018, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 3,000 per year, except that any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal years 2014 through 2018, in addition to any unused balance of the total number of principal aliens who may be provided special immigrant status under subparagraph (A) in fiscal years 2009 through 2013, may be carried forward and provided through the end of fiscal year 2019, except that—
“(i) the one-year period during which a principal alien must have been employed in accordance with paragraph (2)(A)(ii) shall be entirely during the period from October 7, 2001 through December 31, 2014; and
“(ii) a principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) no later than September 30, 2015.”
“2342a. Acquisition and cross-servicing agreements: authority to lend certain military equipment to certain foreign forces for personnel protection and survivability”
“(B) Exception—The notice required in subparagraph (A) shall not be required when the equipment to be loaned is intended to be used—
“(i) in a facility that is under the control of the United States; or
“(ii) in connection with training directed by United States personnel.”
“(6) Waiver of reimbursement in the case of combat loss
“(A) Authority—In the case of equipment provided to the military forces of another nation under the authority of this section that is damaged or destroyed as a result of combat operations while held by those forces, the Secretary of Defense may, with respect to such equipment, waive any other applicable requirement under this subchapter for—
“(i) reimbursement;
“(ii) replacement-in-kind; or
“(iii) exchange of supplies or services of an equal value.
“(B) Limitations—Any waiver under this subsection may be made only on a case-by-case basis. Any waiver under this subsection may be made only if the Secretary determines that the waiver is in the national security interest of the United States.”
“(7) Availability of funds for programs during the first three months of the following fiscal year
“(A) In general—For discretionary appropriations enacted after the date of the enactment of this paragraph, and subject to subparagraph (B), an amount not to exceed 20 percent of amounts available under this subsection for the authority in subsection (a) for any fiscal year may be obligated during the first three months of the following fiscal year to conduct or support a program authorized, approved, and congressional notification completed in accordance with subsection (a).
“(B) Notification—Whenever the Secretary of Defense decides, with the concurrence of the Secretary of State, to conduct or support a program authorized under subsection (a) by obligating funds as described in subparagraph (A) during the first six months of the following fiscal year, the Secretary of Defense shall submit to the congressional committees specified in paragraph (3) of subsection (e) a notification in writing of that decision in accordance with such subsection by not later than September 30 of the fiscal year for which the funds are appropriated.”
“(h) Definition—In this section, the term “logistic support, supplies, and services” has the meaning given that term in section 2350(1) of title 10, United States Code.”
“2350n. NATO Special Operations Headquarters
“(a) Authorization—Funds available for the Department of Defense for operation and maintenance may be used for the purposes set forth in subsection (b) for support of operations of the North Atlantic Treaty Organization (NATO) Special Operations Headquarters. The amount of such funds used for such purposes for fiscal year 2014 and for fiscal year 2015 may not exceed $50,000,000.
“(b) Purposes—The Secretary of Defense may provide funds for the NATO Special Operations Headquarters under subsection (a) for the following purposes:
“(1) To improve coordination and cooperation between the special operations forces of NATO member nations, Allied nations, and partner nations.
“(2) To facilitate combined operations by special operations forces of NATO member nations, Allied nations, and partner nations.
“(3) To support command, control, and communications capabilities peculiar to special operations forces.
“(4) To promote special operations forces intelligence and informational requirements within the NATO structure.
“(5) To promote interoperability through the development of common equipment standards, tactics, techniques, exercises, and procedures, and through execution of multinational education and training programs.
“(c) Annual report—Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report regarding support for the NATO Special Operations Headquarters. Each report shall include the following:
“(1) The total amount of funding provided by the United States and other NATO nations to the NATO Special Operations Headquarters for operating costs of the NATO Special Operations Headquarters.
“(2) A description of the activities carried out with such funding, including—
“(A) the amount of funding allocated for each such activity;
“(B) the extent to which other NATO nations participate in each such activity;
“(C) the extent to which each such activity is designed to meet the purposes set forth in paragraphs (1) through (5) of subsection (b); and
“(D) an assessment of the extent to which each such activity will promote the mission of the NATO Special Operations Headquarters.
“(3) Other contributions, financial or in kind, provided by the United States and other NATO nations in support of the NATO Special Operations Headquarters.
“(4) Any other matters that the Secretary of Defense considers appropriate.
“(d) Secretary of Defense published guidance—The Secretary of Defense shall publish guidance detailing the roles and responsibilities of components of the Department of Defense in support of the NATO Special Operations Headquarters. Such guidance shall include specification of the responsibilities of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, consistent with the duties of the Assistant Secretary under section 138(b)(4) of this title (including oversight of policy and resources), for oversight of support provided by the United States Special Operations Command to the NATO Special Operations Headquarters.”
“2011a. General purpose forces: training with friendly foreign forces
“(a) Authority—Under regulations prescribed pursuant to subsection (d), the armed forces and Department of Defense civilian employees may train with the military forces or other security forces of a friendly foreign country in order to prepare the armed forces to train the military forces or other security forces, and supporting institutions, of a friendly foreign country. Training activities may be carried out under this section only with the prior approval of the Secretary of Defense and with the concurrence of the Secretary of State.
“(b) Authority To pay expenses—The Secretary of a military department or commander of a combatant command may pay, or authorize payment for, the incremental expenses incurred by a friendly foreign country as the direct result of training with Department of Defense personnel pursuant to this section.
“(c) Purpose of training—The primary purpose of the training authorized under subsection (a) shall be to train the general purpose forces of a military department or general purpose forces available to the commander of a combatant command in order to—
“(1) develop and maintain necessary advise and assist training skills; or
“(2) prepare such forces for the provision of defense services or other assistance under any provision of law.
“(d) Regulations—The Secretary of Defense shall prescribe regulations for the administration of this section. Such regulations shall establish accounting procedures to ensure that the expenditures pursuant to this section are appropriate.
“(e) Definitions—In this section:
“(1) The term incremental expenses, with respect to a friendly foreign country, means the reasonable and proper costs of rations, fuel, training ammunition, and transportation, and other goods and services consumed by such country as a direct result of that country’s participation in training events authorized under this section. Such term does not include pay, allowances, and other normal costs of such country’s personnel.
“(2) The term other security forces includes national security forces that conduct border and maritime security, internal security, and counterterrorism operations, but does not include civilian police.
“(f) Limitation—Not more than $10,000,000 may be used in any fiscal year to pay for the incremental expenses of the military forces or other security forces of a friendly foreign country to train with Department of Defense personnel pursuant to this section.
“(g) Expiration—The authority under this section may not be exercised after September 30, 2018.”
“9416. Inter-European Air Forces Academy
“(a) Operation—The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-European Air Forces Academy for the purpose of providing military education and training to military personnel of countries that are members of the North Atlantic Treaty Organization or signatories to the Partnership for Peace Framework Documents.
“(b) Eligible countries
“(1) No foreign force may be trained under the authority of this section without the concurrence of the Secretary of State.
“(2) Without prejudice to the inclusion of other forces, the Secretary of Defense and the Secretary of State shall, not later than July 1 of each year agree to a list of countries whose forces will be eligible to attend the academy in the following fiscal year.
“(3) The Secretary of the Air Force may not use the authority in subsection (a) to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.
“(c) Costs—The costs of operating and maintaining the Inter-European Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force.
“(d) Supplies and clothing—The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this chapter—
“(1) transportation incident to the training;
“(2) supplies and equipment to be used during the training; and
“(3) billeting, food, and health services.
“(e) Living allowance—The Secretary of the Air Force may pay to a person receiving training under this chapter a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances.
“(f) Maintenance—The Secretary of the Air Force may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this chapter.”
“(c) Acquisition authority
“(1) Using funds available in the National Defense Stockpile Transaction Fund, the National Defense Stockpile Manager may acquire the following materials determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States:
“(A) Ferroniobium.
“(B) Dysprosium Metal.
“(C) Yttrium Oxide.
“(2) The National Defense Stockpile Manager may use up to $22,000,000 of the National Stockpile Transaction Fund for acquisition of the materials specified in paragraph (1).
“(3) The authority under this subsection is available for purchases during fiscal year 2014 through fiscal year 2019.”
“(1) Pre-election report on absentee ballot availability—Not later than 55 days before any election for Federal office held in a State, such State shall submit a report to the Attorney General and the Presidential Designee, and make that report publicly available that same day, certifying that absentee ballots are available for transmission to absentee voters, or that it is aware of no circumstances that will prevent absentee ballots from being available for transmission by 46 days before the election. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election.
“(2) Pre-election report on absentee ballots transmitted—Not later than 43 days before any election for Federal office held in a State, such State shall submit a report to the Attorney General and the Presidential Designee, and make that report publicly available that same day, certifying whether all absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 46th day before the election have been transmitted to such voters by such date. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election.”
“(g) Ballot transmission requirements
“(1) Requests received at least 46 days before an election for federal office—For purposes of subsection (a)(8), in a case in which a valid request for an absentee ballot is received at least 46 days before an election for Federal office, the following rules shall apply:
“(A) Time for transmittal of absentee ballot—The State shall transmit the absentee ballot not later than 46 days before the election.
“(B) Special rules in case of failure to transmit on time
“(i) General rule—If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery.
“(ii) Extended failure—If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall—
“(I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and
“(II) in any other case, provide, at the State’s expense, for the return of such ballot by express delivery.
“(iii) Enforcement—A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to effectuate the purposes of this Act.
“(2) Requests received after 46th day before an election for federal office—For purposes of subsection (a)(8), in a case in which a valid request for an absentee ballot is received less than 46 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request.”
“105. Enforcement
“(a) In general—The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. In any such action, the only necessary party defendant is the State. It shall not be a defense to such action that local election officials are not also named as defendants.
“(b) Civil penalty—In a civil action brought under subsection (a), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State—
“(1) in an amount not exceeding $110,000, for a first violation,
“(2) in an amount not exceeding $220,000, for any subsequent violation.
“(c) Annual report to congress—Not later than December 31 of each year, the Attorney General shall submit to Congress a report on any civil action brought under subsection (a) during that year.
“(d) Private right of action—A person who is aggrieved by a State’s violation of this Act may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this Act.
“(e) Attorney’s fees—In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney’s fees, including litigation expenses, and costs.”
“(a) Prohibition of refusal of applications on grounds of early submission—A State may not”
“(b) Application treated as valid for subsequent elections
“(1) In general—If a State accepts and processes a request for an absentee ballot by an absent uniformed services voter or overseas voter and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), and any special elections for Federal office held in the State through the calendar year following such general election, the State shall provide an absentee ballot to the voter for each such subsequent election.
“(2) Exception for voters changing registration—Paragraph (1) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State.”
“104. Treatment of ballot requests”
“(C) Up to $279,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2014.”
“(D) In the case of funds for fiscal year 2014, until September 30, 2015.”
“(iii) may not exceed $63,800,000 for fiscal year 2014.”