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Bill
Notes

Division A — Department of Defense Authorizations

S. 2289 · 113th Congress · May 5, 2014 · Lineage

A Department of Defense Authorizations

I Procurement

Sec. 101 Army

Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Army as follows:
(1)
For aircraft, $5,102,685,000.
(2)
For missiles, $1,017,483,000.
(3)
For weapons and tracked combat vehicles, $1,471,438,000.
(4)
For ammunition, $1,031,477,000.
(5)
For other procurement, $4,893,634,000.

Sec. 102 Navy and Marine Corps

Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Navy and Marine Corps as follows:
(1)
For aircraft, $13,074,317,000.
(2)
For weapons, including missiles and torpedoes, $3,217,945,000.
(3)
For shipbuilding and conversion, $14,400,625,000.
(4)
For other procurement, $5,975,828,000.
(5)
For procurement, Marine Corps, $983,352,000.
(6)
For ammunition procurement, Navy and Marine Corps, $771,945,000.

Sec. 103 Air Force

Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Air Force as follows:
(1)
For aircraft, $11,542,571,000.
(2)
For ammunition, $677,400,000.
(3)
For missiles, $4,690,506,000.
(4)
For other procurement, $16,566,018,000.

Sec. 104 Defense-wide activities

Funds are hereby authorized to be appropriated for fiscal year 2015 for Defense-wide procurement in the amount of $4,221,437,000.

Sec. 105 Joint Improvised Explosive Device Defeat Fund

Funds are hereby authorized to be appropriated for fiscal year 2015 for the Joint Improvised Explosive Device Defeat Fund in the amount of $115,058,000.

Sec. 106 Defense production act purchases

Funds are hereby authorized to be appropriated for fiscal year 2015 for purchases under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) in the amount of $21,638,000.

II Research, development, test, and evaluation

A Authorization of appropriations

Sec. 201 Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Department of Defense for research, development, test, and evaluation as follows:
(1)
For the Army, $6,593,898,000.
(2)
For the Navy, $16,266,335,000.
(3)
For the Air Force, $23,739,892,000.
(4)
For Defense-wide activities, $16,766,084,000.
(5)
For the Director of Operational Test and Evaluation, $167,738,000.

B Program requirements, restrictions, and limitations

Sec. 211 Revision to the service requirement under the Science, Mathematics and Research for Transformation (SMART) Defense Education program

Subparagraph (B) of section 2192a(c)(1) of title 10, United States Code, is amended by striking “in the Department of Defense” and all that follows through the period at the end and inserting

“(i) with the Department of Defense; or

“(ii) with a public or private sector entity or organization outside the Department of Defense if the Secretary of Defense determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department of Defense.”

Sec. 212 Modification to the requirement for contractor cost-sharing in the pilot program to include technology protection features during research and development of certain defense systems

Section 243(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2358 note) is amended by striking “at least one half of the cost of such activities” and inserting “an appropriate share of the cost of such activities, as determined by the Secretary”.

III Operation and maintenance

A Authorization of appropriations

Sec. 301 Operation and maintenance funding

Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the armed forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
(1)
For the Army, $33,240,148,000.
(2)
For the Navy, $39,316,857,000.
(3)
For the Marine Corps, $5,909,487,000.
(4)
For the Air Force, $35,331,193,000.
(5)
For Defense-wide activities, $31,198,232,000.
(6)
For the Army Reserve, $2,490,569,000.
(7)
For the Navy Reserve, $1,007,100,000.
(8)
For the Marine Corps Reserve, $268,582,000.
(9)
For the Air Force Reserve, $3,015,842,000.
(10)
For the Army National Guard, $6,030,773,000.
(11)
For the Air National Guard, $6,392,859,000.
(12)
For the United States Court of Appeals for the Armed Forces, $13,723,000.
(13)
For the Department of Defense Acquisition Workforce Development Fund, $212,875,000.
(14)
For Environmental Restoration, Army, $201,560,000.
(15)
For Environmental Restoration, Navy, $277,294,000.
(16)
For Environmental Restoration, Air Force, $408,716,000.
(17)
For Environmental Restoration, Defense-wide, $8,547,000.
(18)
For Environmental Restoration, Formerly Used Defense Sites, $208,353,000.
(19)
For Overseas Humanitarian, Disaster, and Civic Aid programs, $100,000,000.
(20)
For Cooperative Threat Reduction programs, $365,108,000.
(21)
For Overseas Contingency Operations Transfer Fund, $5,000,000.
(22)
For Support for International Sporting Competitions, Defense, $10,000,000.

B Program Matters

Sec. 311 Expansion of authority for Secretary of Defense to use the Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities

(a)
Eligible categories of transportation— Subsection (a) of section 2642 of title 10, United States Code, is amended—
(1)
in the matter preceding paragraph (1), by striking “The Secretary” and inserting “Subject to subsection (b), the Secretary”;
(2)
in paragraph (3)—
(A)
by striking “During the period beginning on October 28, 2009, and ending on October 28, 2019, for” and inserting “For”;
(B)
by striking “of Defense” the first place it appears and all that follows through “military sales” and inserting “of Defense”; and
(C)
by striking “, but only if” and all that follows through “commercial transportation industry”; and
(3)
by adding at the end the following new paragraphs:

“(4) For military transportation services provided in support of foreign military sales.

“(5) For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies).

“(6) For military transportation services provided to a Department of Defense contractor when transporting supplies that are for, or destined for, a Department of Defense entity.”

(b)
Termination of authority for certain categories of transportation— Such section is further amended—
(1)
by redesignating subsection (b) as subsection (c); and
(2)
by inserting after subsection (a) the following new subsection (b):

“(b) Termination of authority for certain categories of transportation—The provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military transportation services provided before October 1, 2019.”

(c)
Clerical amendments—
(1)
Section heading— The heading of such section is amended to read as follows:

“2642. Transportation services provided to certain non-Department of Defense agencies and entities: use of Department of Defense reimbursement rate”

(2)
Table of sections— The item relating to such section in the table of sections at the beginning of chapter 157 of such title is amended to read as follows:

Sec. 312 Repeal of authority relating to use of military installations by Civil Reserve Air Fleet contractors

(a)
Repeal— Section 9513 of title 10, United States Code, is repealed.
(b)
Clerical amendment— The table of sections at the beginning of chapter 931 of such title is amended by striking the item relating to section 9513.

Sec. 313 Repeal of annual report on Department of Defense operation and financial support for military museums

(a)
In general— Section 489 of title 10, United States Code, is repealed.
(b)
Clerical amendment— The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 489.

Sec. 314 Memorial to the victims of the shooting attack at the Washington Navy Yard

(a)
Memorial authorized— The Secretary of the Navy may establish, maintain, and repair a memorial dedicated to the victims of the shooting attack at the Washington Navy Yard, Washington, DC, that occurred on September 16, 2013.
(b)
Location— The memorial shall become part of the Washington Navy Yard.
(c)
Additional funding—
(1)
Establishment of account— An account shall be established on the books of the Treasury for the purpose of managing contributions received pursuant to paragraph (2).
(2)
Acceptance of contributions— The Secretary of the Navy may establish procedures under which the Secretary may solicit and accept monetary contributions or gifts of property for the purpose of the activities described in subsection (a) without regard to limitations contained in section 2601 of title 10, United States Code.
(3)
Deposit of contributions— The Secretary of the Navy shall deposit monetary contributions accepted under paragraph (2) in the account established under paragraph (1). The funds in the account established under paragraph (1) shall be available until expended without further appropriation, but only for the purposes described in subsection (a).

Sec. 315 Southern Sea Otter Military Readiness Areas

(a)
Establishment of the southern sea otter military readiness areas— Chapter 631 of title 10, United States Code, is amended by adding at the end the following new section:

“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.”

(b)
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
(c)
Conforming amendment— Section 1 of Public Law 99–625 (16 U.S.C. 1536 note) is repealed.

Sec. 316 Environmental restoration at former Naval Air Station, Chincoteague, Virginia

(a)
Environmental restoration project— Notwithstanding the administrative jurisdiction of the Administrator of the National Aeronautics and Space Administration over the Wallops Flight Facility, Virginia, the Secretary of Defense may undertake an environmental restoration project in a manner consistent with chapter 160 of title 10, United States Code, at the property constituting that facility in order to provide necessary response actions for contamination from a release of a hazardous substance or a pollutant or contaminant that is solely attributable to the activities of the Department of Defense at the time the property was under the administrative jurisdiction of the Secretary of the Navy or used by the Navy pursuant to a permit or license issued by the National Aeronautics and Space Administration in the area formerly known as the Naval Air Station Chincoteague, Virginia. Any such project may be undertaken jointly or in conjunction with an environmental restoration project of the Administrator.
(b)
Interagency agreement— The Secretary and the Administrator may enter into an agreement or agreements to provide for the effective and efficient performance of environmental restoration projects for purposes of subsection (a). Notwithstanding section 2215 of title 10, United States Code, any such agreement may provide for environmental restoration projects conducted jointly or by one agency on behalf of the other or both agencies and for reimbursement of the agency conducting the project by the other agency for that portion of the project for which the reimbursing agency has authority to respond.
(c)
Source of Department of Defense funds— Pursuant to section 2703(c) of title 10, United States Code, the Secretary may use funds available in the Environmental Restoration, Formerly Used Defense Sites, account of the Department of Defense for environmental restoration projects conducted for or by the Secretary under subsection (a) and for reimbursable agreements entered into under subsection (b).