Sec. 2001 Short title
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2015”.
Division B — Military construction authorizations
B Military construction authorizations
Sec. 2002 Expiration of authorizations and amounts required to be specified by law
Expiration of authorizations after three years— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
October 1, 2017; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018.
Exception— Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
October 1, 2017; or
the date of the enactment of an Act authorizing funds for fiscal year 2018 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
XXI Army military construction
Sec. 2101 Authorized Army construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2102 Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
Sec. 2103 Authorization of appropriations, Army
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the sum of the following:
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
$225,000,000 (the balance of the amount authorized under section 2101(a) for a Command and Control Facility at Fort Shafter, Hawaii).
$6,000,000 (the balance of the amount authorized under section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for cadet barracks at the United States Military Academy, New York).
$78,000,000 (the balance of the amount authorized under section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119), as amended by section 2105(d), for a Secure Administration/Operations Facility at Fort Belvoir, Virginia).
Sec. 2104 Modification of authority to carry out certain fiscal year 2004 project
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of an Explosives Research and Development Loading Facility at the installation, the Secretary of the Army may use available unobligated balances of amounts appropriated for military construction for the Army to complete work on the project within the scope specified for the project in the justification data provided to Congress as part of the request for authorization of the project.
Sec. 2105 Modification of authority to carry out certain fiscal year 2013 projects
Fort Drum—
In general— In executing the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2119) for Fort Drum, New York, for construction of an Aircraft Maintenance Hangar at the installation, the Secretary of the Army may provide a capital contribution to a public or private utility company in order for the utility company to extend the utility company’s gas line to the installation boundary.
No change in scope— The capital contribution under subsection (a) shall not be construed as a change in the scope of work under section 2853 of title 10, United States Code.
Fort Leonard Wood— In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat. 2119) for Fort Leonard Wood, Missouri, for construction of Battalion Complex Facilities at the installation, the Secretary of the Army may construct the Battalion Headquarters with classrooms for a unit other than a Global Defense Posture Realignment unit.
Fort McNair— In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) for Fort McNair, District of Columbia, for construction of a Vehicle Storage Building at the installation, the Secretary of the Army may construct up to 20,227 square feet of vehicle storage.
Fort Belvoir— The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) is amended in the item relating to Fort Belvoir, Virginia, by striking “$94,000,000” in the amount column and inserting “$172,000,000”.
Sec. 2106 Extension of authorizations of certain fiscal year 2011 project
Extensions— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (124 Stat. 4437), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2107 Extension of authorizations of certain fiscal year 2012 projects
Extensions— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (125 Stat. 1661), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2108 Limitation on construction of cadet barracks at United States Military Academy, New York
No amounts may be obligated or expended for the construction of increment 3 of the Cadet Barracks at the United States Military Academy, New York, as authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119), until the Secretary of the Army certifies to the congressional defense committees that the Secretary intends to award a contract for the renovation of the MacArthur Long Barracks at the United States Military Academy concurrent with assuming beneficial occupancy of the renovated MacArthur Short Barracks at the United States Military Academy.
Sec. 2109 Limitation on funding for family housing construction at Camp Walker, Republic of Korea
Limitation— None of the funds authorized to be appropriated for fiscal year 2015 for construction of military family housing units at Camp Walker, Republic of Korea, may be obligated or expended until 30 days following the delivery of the report required under subsection (b).
Report required—
In general— Not later than March 1, 2015, the Secretary of the Army, in consultation with the Commander, U.S. Forces-Korea, shall submit to the congressional defense committees a report on future military family housing requirements in the Republic of Korea and potential courses of action for meeting those requirements.
Elements— The report required under paragraph (1) shall, at a minimum—
identify the number of authorized Command Sponsored Families, by location, in the Republic of Korea;
validate that the number of authorized Command Sponsored Families identified pursuant to subparagraph (A) is necessary for operational effectiveness;
identify and validate each key and essential Command Sponsored Family billet requiring on-post housing in the Republic of Korea;
identify and validate the number of authorized Command Sponsored Families in excess of key and essential requiring on-post housing in the Republic of Korea;
identify the number and estimated cost of on-post family housing units required to support the validated requirements;
contain a plan for meeting the on-post family housing requirements in the Republic of Korea, including the source of funding; and
contain a prioritized list of planned military construction projects to be funded with Special Measures Agreement funds over the future-years defense plan, including a certification that each proposed project is a higher priority than family housing.
XXII Navy military construction
Sec. 2201 Authorized Navy construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:
Sec. 2202 Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $472,000.
Sec. 2203 Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $15,940,000.
Sec. 2204 Authorization of appropriations, Navy
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Navy as specified in the funding table in section 4601.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the sum of the following:
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
$90,112,000 (the balance of the amount authorized under section 2201(a) for a Center for Cyber Security Studies Building at Annapolis, Maryland).
$274,099,000 (the balance of the amount authorized under section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666) for an explosive handling wharf at Kitsap, Washington).
$68,196,000 (the balance of the amount authorized under section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2633) for ramp parking at Joint Region Marianas, Guam.
Sec. 2205 Modification of authority to carry out certain fiscal year 2012 projects
Yuma— In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Yuma, Arizona, for construction of a Double Aircraft Maintenance Hangar, the Secretary of the Navy may construct up to approximately 70,000 square feet of additional apron to be utilized as a taxi-lane using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667).
Camp Pendleton— In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Camp Pendleton, California, for construction of an Infantry Squad Defense Range, the Secretary of the Navy may construct up to 9,000 square feet of vehicular bridge using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667).
Kings Bay— In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Kings Bay, Georgia, for construction of a Crab Island Security Enclave, the Secretary of the Navy may expand the enclave fencing system to three layers of fencing and construct two elevated fixed fighting positions with associated supporting facilities using amounts appropriated for this project pursuant to the authorization of appropriations in section 2204 of such Act (125 Stat. 1667).
Sec. 2206 Modification of authority to carry out certain fiscal year 2014 project
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 989), for Yorktown, Virginia, for construction of Small Arms Ranges, the Secretary of the Navy may construct 240 square meters of armory, 48 square meters of Safety Officer/Target Storage Building, and 667 square meters of Range Operations Building using appropriations available for the project pursuant to the authorization of appropriations in section 2204 of such Act (127 Stat. 990).
Sec. 2207 Extension of authorizations of certain fiscal year 2011 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (124 Stat. 4441) and extended by section 2207 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 991), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2208 Extension of authorizations of certain fiscal year 2012 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (125 Stat. 1666), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
XXIII Air Force military construction
Sec. 2301 Authorized Air Force construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2302(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2302(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2302 Authorization of appropriations, Air Force
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction, land acquisition, and military family housing functions of the Department of the Air Force as specified in the funding table in section 4601.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the sum of the following:
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
$107,000,000 (the balance of the amount authorized under section 2301(a) of the Military Construction Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 992) for the CYBERCOM Joint Operations Center at Fort Meade, Maryland).
Sec. 2303 Modification of authority to carry out certain fiscal year 2008 project
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 515), for Shaw Air Force Base, South Carolina, for Base Infrastructure at that location, the Secretary of the Air Force may acquire fee or lesser real property interests in approximately 11.5 acres of land contiguous to Shaw Air Force Base for the project using funds appropriated to the Department of the Air Force for construction in years prior to fiscal year 2015.
Sec. 2304 Extension of authorization of certain fiscal year 2011 project
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2305 Extension of authorizations of certain fiscal year 2012 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (125 Stat. 1670), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
XXIV Defense agencies military construction
A Defense agency authorizations
Sec. 2401 Authorized Defense Agencies construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2402 Authorized energy conservation projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2403 Authorization of appropriations, Defense Agencies
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) as specified in the funding table in section 4601.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the sum of the following:
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
$79,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2128) for NSAW Recapitalize Building #1 at Fort Meade, Maryland).
$141,039,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1672) for a data center at Fort Meade, Maryland).
$50,500,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1672) for an Ambulatory Care Center at Joint Base Andrews, Maryland).
$54,300,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1672) for an Ambulatory Care Center at Joint Base San Antonio, Texas).
$656,168,000 (the balance of the amount authorized under section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1673) for a hospital at the Rhine Ordnance Barracks, Germany).
$281,325,000 (the balance of the amount authorized under section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2640) for a hospital at Fort Bliss, Texas).
$123,827,000 (the balance of the amount authorized as a Military Construction, Defense-Wide project by title X of the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123 Stat. 1888) for a data center at Camp Williams, Utah).
Sec. 2404 Extension of authorizations of certain fiscal year 2011 project
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act (124 Stat. 4446), shall remain in effect until October 1, 2015, or the date of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2405 Extension of authorizations of certain fiscal year 2012 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorization set forth in the table in subsection (b), as provided in section 2401 of that Act (125 Stat. 1673), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
B Chemical demilitarization authorizations
Sec. 2411 Authorization of appropriations, chemical demilitarization construction, defense-wide
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for military construction and land acquisition for chemical demilitarization, as specified in the funding table in section 4601.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under this section may not exceed the sum of the following:
The total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
$2,049,000 (the balance of the amount authorized under section 2412 for ammunition demilitarization at Blue Grass Army Depot, Kentucky).
Sec. 2412 Modification of authority to carry out certain fiscal year 2000 project
Modification— The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as most recently amended by section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4450), is amended—
in the item relating to Blue Grass Army Depot, Kentucky, by striking “$746,000,000” in the amount column and inserting “$780,000,000”; and
by striking the amount identified as the total in the amount column and inserting “$1,237,920,000”.
Conforming amendment— Section 2405(b)(3) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839), as most recently amended by section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4450), is further amended by striking “$723,200,000” and inserting “$757,200,000”.
XXV North atlantic treaty organization security investment program
Sec. 2501 Authorized NATO construction and land acquisition projects
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
Sec. 2502 Authorization of appropriations, NATO
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2014, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $174,700,000.
XXVI Guard and Reserve forces facilities
A Project authorizations and authorization of appropriations
Sec. 2601 Authorized Army National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2602 Authorized Army Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2603 Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2604 Authorized Air National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2605 Authorized Air Force Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2606 Authorization of appropriations, National Guard and Reserve
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
B Other matters
Sec. 2611 Modification and extension of authority to carry out certain fiscal year 2012 projects
Kansas city—
In general— In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Kansas City, Kansas, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Kansas City, construct a new facility in the vicinity of Kansas City, Kansas.
Duration of authority— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorization set forth in subsection (a) shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Attleboro—
In general— In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1678), for Attleboro, Massachusetts, for construction of an Army Reserve Center at that location, the Secretary of the Army may, instead of constructing a new facility in Attleboro, construct a new facility in the vicinity of Attleboro, Massachusetts.
Duration of authority— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1660), the authorization set forth in subsection (a) shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Sec. 2612 Modification of authority to carry out certain fiscal year 2013 project
In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2134) for Stormville, New York, for construction of a Combined Support Maintenance Shop Phase I, the Secretary of the Army may instead construct the facility at Camp Smith, New York and build a 53,760 square foot maintenance facility in lieu of a 75,156 square foot maintenance facility.
Sec. 2613 Extension of authorization of certain fiscal year 2011 project
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2601 of that Act (124 Stat. 4452), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
XXVII Base realignment and closure activities
Sec. 2701 Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, as specified in the funding table in section 4601.
Sec. 2702 Prohibition on conducting additional base realignment and closure (BRAC) round
Nothing in this Act shall be construed to authorize an additional round of defense base closure and realignment.
Sec. 2703 HUBZones
In general— Section 3(p)(5)(A)(i)(I) of the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)(I)) is amended—
in item (aa), by striking “or” at the end;
by redesignating item (bb) as item (cc); and
by inserting after item (aa) the following:
“(bb) pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (3), that its principal office is located in a HUBZone described in paragraph (1)(E) (relating to base closure areas) (in this item referred to as the “base closure HUBZone”), and that not fewer than 35 percent of its employees reside in—
“(AA) a HUBZone;
“(BB) the census tract in which the base closure HUBZone is wholly contained;
“(CC) a census tract the boundaries of which intersect the boundaries of the base closure HUBZone; or
“(DD) a census tract the boundaries of which are contiguous to a census tract described in subitem (BB) or (CC); or”
Period for base closure areas—
Amendments—
In general— Section 152(a)(2) of title I of division K of the Consolidated Appropriations Act, 2005 (15 U.S.C. 632 note) is amended by striking “5 years” and inserting “8 years”.
Conforming amendment— Section 1698(b)(2) of National Defense Authorization Act for Fiscal Year 2013 (15 U.S.C. 632 note) is amended by striking “5 years” and inserting “8 years”.
Effective date; applicability— The amendments made by paragraph (1) shall—
take effect on the date of enactment of this Act; and
apply to—
a base closure area (as defined in section 3(p)(4)(D) of the Small Business Act (15 U.S.C. 632(p)(4)(D))) that, on the day before the date of enactment of this Act, is treated as a HUBZone described in section 3(p)(1)(E) of the Small Business Act (15 U.S.C. 632(p)(1)(E)) under—
section 152(a)(2) of title I of division K of the Consolidated Appropriations Act, 2005 (15 U.S.C. 632 note); or
section 1698(b)(2) of National Defense Authorization Act for Fiscal Year 2013 (15 U.S.C. 632 note); and
a base closure area relating to the closure of a military instillation under the authority described in clauses (i) through (iv) of section 3(p)(4)(D) of the Small Business Act (15 U.S.C. 632(p)(4)(D)) that occurs on or after the date of enactment of this Act.
XXVIII Military Construction General Provisions
A Military Construction Program and Military Family Housing Changes
Sec. 2801 Clarification of authorized use of in-kind payments and in-kind contributions
in the subsection heading, by inserting “in-kind contributions” after “payments-in-kind”;
in paragraph (1), by striking “a payment-in-kind contribution pursuant to” and inserting “payment-in-kind or as an in-kind contribution required by”;
in paragraph (2)—
by striking “a payment-in-kind contribution” and inserting “payment-in-kind or an in-kind contribution required by a bilateral agreement with a host country”; and
by inserting “or contribution” after “such payment”;
in paragraph (3)—
by striking “, facility improvement,”; and
by striking “a payment-in-kind contribution” and inserting “payment-in-kind or by an in-kind contribution required by a bilateral agreement with a host country”; and
in paragraph (4)—
by inserting “or in-kind contribution toward operating costs” after “does not apply to a military construction project”; and
in subparagraph (C), by inserting “is a military construction project that” before “will cost less”.
Conforming amendment— Section 2802(d)(1) of title 10, United States Code, is amended by striking “payment-in-kind contributions” and inserting “payments-in-kind or in-kind contributions”.
Sec. 2802 Residential building construction standards
All residential buildings funded, planned, remodeled, or authorized by this Act that will be designed and constructed to meet an above code green building standard or rating system may use the ICC 700 National Green Building Standard, the LEED Green Building Standard System, or an equivalent protocol which has been developed using a voluntary consensus standard, as defined in Office of Management and Budget Circular Number A–119.
Sec. 2803 Modification of minor military construction authority for projects to correct deficiencies that are life-, health-, or safety-threatening
Section 2805(a)(2) of title 10, United States Code, is amended by striking “$3,000,000” in the second sentence and inserting “$4,000,000”.
Sec. 2804 Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States
Section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2808 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 112–239; 127 Stat. 1012), is further amended—
in subsection (c)(1), by striking “shall not exceed” and all that follows through the period at the end and inserting “shall not exceed $100,000,000 between October 1, 2014, and the earlier of December 31, 2015, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2016.”; and
in subsection (h)—
in paragraph (1), by striking “December 31, 2014” and inserting “December 31, 2015”; and
in paragraph (2), by striking “fiscal year 2015” and inserting “fiscal year 2016”.
Sec. 2805 Limitation on construction projects in European Command area of responsibility
Limitation— Except as provided in subjection (b), the Secretary of Defense or the Secretary of a military department may not award any contract in connection with a construction project authorized by this division to be carried out at an installation operated in the United States European Command area of responsibility until the Secretary of Defense certifies to the congressional defense committees that—
the installation and specific military construction requirement—
have been assessed as part of the basing assessment initiated by the Secretary of Defense on January 25, 2013 (known as the “European Infrastructure Consolidation Assessment”); and
have been determined, pursuant to such assessment, to be of an enduring nature; and
the specific military construction requirement most effectively meets combatant commander requirements at the authorized location.
Exceptions— Subsection (a) does not apply with respect to a construction project that—
is authorized by law before the date of the enactment of this Act;
is funded through the North Atlantic Treaty Organization Security Investment Program or intended to specifically support the North Atlantic Treaty Organization; or
is carried out under the authority of, and subject to the limits specified in, section 2805 of title 10, United States Code.
Sec. 2806 Limitation on construction of new facilities at Guantanamo Bay, Cuba
Limitation— None of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Department of Defense may be used to construct new facilities at Guantanamo Bay, Cuba until the Secretary of Defense certifies to the congressional defense committees that any new construction of facilities at Guantanamo Bay, Cuba has enduring military value independent of a high value detention mission.
Rule of construction— Nothing in subsection (a) shall be construed as limiting the ability of the Department of Defense to obligate or expend available funds to correct a deficiency that is life-threatening, health-threatening, or safety-threatening.
B Real Property and Facilities Administration
Sec. 2811 Deposit of reimbursed funds to cover administrative expenses relating to certain real property transactions
Authority to credit reimbursed funds to accounts currently available— Section 2695(c) of title 10, United States Code, is amended—
by inserting “(1)” before “Amounts collected”;
by striking “shall be credited to the appropriation” and inserting the following: “shall be credited, at the option of the Secretary concerned, to—
“(A) the appropriation”
by striking “were paid. Amounts so credited” and inserting the following: “were paid; or
“(B) an appropriation, fund, or account currently available to the Secretary for the purposes for which the expenses were paid.
“(2) Amounts so credited”
Prospective applicability— The amendments made by subsection (a) shall not apply with respect to expenses incurred with appropriations provided to the Secretary of a military department before the date of the enactment of this Act.
Sec. 2812 Renewals, extensions, and succeeding leases for financial institutions operating on Department of Defense installations
Subsection (h) of section 2667 of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(4)
“(A) Paragraph (1) does not apply to a renewal, extension, or succeeding lease by the Secretary concerned with a financial institution selected in accordance with the Department of Defense Financial Management Regulation providing for the selection of financial institutions to operate on military installations if each of the following applies:
“(i) The on-base financial institution was selected before the date of the enactment of this paragraph or competitive procedures are used for the selection of any new financial institutions.
“(ii) A current and binding operating agreement is in place between the installation commander and the selected on-base financial institution.
“(B) The renewal, extension, or succeeding lease shall terminate upon the termination of the operating agreement described in subparagraph (A)(ii).”
C Provisions Related to Asia-Pacific Military Realignment
Sec. 2821 Realignment of Marines Corps forces in Asia-Pacific region
Restriction on use of funds— Except as provided in subsection (b), none of the funds authorized to be appropriated under this Act, and none of the amounts provided by the Government of Japan for construction activities on land under the jurisdiction of the Department of Defense, may be obligated or expended to implement the realignment of Marine Corps forces from Okinawa to Guam or Hawaii until the Secretary of Defense submits to the congressional defense committees each of the following:
The report required by section 1068(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1945).
Master plans for the construction of facilities and infrastructure to execute the Marine Corps distributed lay-down on Guam and Hawaii, including a detailed description of costs and the schedule for such construction.
A plan, coordinated by all pertinent Federal agencies, detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the nonmilitary utilities, facilities, and infrastructure, if any, on Guam affected by the realignment of forces.
Exceptions to restriction on use of funds— Notwithstanding subsection (a), the Secretary of Defense may use funds described in such subsection for the following purposes:
To complete additional analysis or studies required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for proposed actions on Guam or Hawaii.
To initiate planning and design of construction projects on Guam.
To carry out any military construction project for which an authorization of appropriations is provided in section 2204, as specified in the funding table in section 4601.
To carry out the Government of Japan-funded construction of a Driver Convoy Course and an Urban Combat Skills Training Course at Andersen Air Force Base, Guam.
Restriction on development of public infrastructure— If the Secretary of Defense determines that any grant, cooperative agreement, transfer of funds to another Federal agency, or supplement of funds available in fiscal year 2014 under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replacement, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure on Guam, the Secretary of Defense may not carry out such grant, transfer, cooperative agreement, or supplemental funding unless such grant, transfer, cooperative agreement, or supplemental funding is specifically authorized by law.
Definitions— In this section:
Distributed lay-down— The term distributed laydown refers to the planned distribution of members of the Marine Corps in Okinawa, Guam, Hawaii, Australia, and possibly elsewhere that is contemplated in support of the joint statement of the United States–Japan Security Consultative Committee issued April 26, 2012, in the District of Columbia (April 27, 2012, in Tokyo, Japan) and revised on October 3, 2013, in Tokyo.
Master plan— The term master plan means documentation that provides the scope, cost, and schedule for each military construction project.
Public infrastructure— The term public infrastructure means any utility, method of transportation, item of equipment, or facility under the control of a public entity or State or local government that is used by, or constructed for the benefit of, the general public.
D Land Conveyances
Sec. 2831 Land conveyance, Joint Base Pearl Harbor-Hickam, Hawaii
Conveyance authorized— The Secretary of the Navy may convey, without consideration, to the Honolulu Authority for Rapid Transportation (in this section referred to as the “Honolulu Authority”) all right, title, and interest of the United States in and to the real property, including any improvements thereon, consisting of approximately 1.2 acres located at or in the nearby vicinity of Radford Drive and the Makalapa Gate, which is part of the Joint Base Pearl Harbor-Hickam, for the purpose of permitting the Honolulu Authority to use the property for the public benefit of a rail platform.
Condition on use of revenues— If the property conveyed under subsection (a) is used, consistent with such subsection, for a public purpose that results in the generation of revenue for the Honolulu Authority, the Honolulu Authority shall agree that any revenue generated by the use of the property shall be only for passenger rail transit purposes by depositing the revenues in a fund designated for passenger rail transit use.
Payment of costs of conveyance—
Payment required— The Secretary of the Navy shall require the Honolulu Authority to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs, to carry out the conveyance under subsection (a). If amounts paid to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Honolulu Authority.
Treatment of amounts received— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
Additional terms and conditions— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2832 Land exchange, Arlington County, Virginia
Exchange authorized—
In general— The Secretary of Defense may convey—
to Arlington County, Virginia (in this section referred to as the “County”), all right, title, and interest of the United States in and to one or more parcels of real property, together with any improvements thereon, located south of Columbia Pike and west of South Joyce Street in Arlington County, Virginia; and
to the Commonwealth of Virginia (referred to in this section as the “Commonwealth”), all right, title, and interest of the United States in and to one or more parcels of property east of Joyce Street in Arlington County, Virginia, necessary for the realignment of Columbia Pike and the Washington Boulevard-Columbia Pike interchange, as well as for future improvements to Interstate 395 ramps.
Phasing— The conveyances authorized under this paragraph may be accomplished through a phasing of several exchanges, if necessary.
Consideration— As consideration for the conveyances of real property under subsection (a), the Secretary of Defense shall receive—
from the County, all right, title, and interest of the County in and to one or more parcels of real property in the area known as the Southgate Road right-of-way, Columbia Pike right-of-way, and South Joyce Street right-of-way located in Arlington County, Virginia; and
from the Commonwealth, all right, title, and interest of the Commonwealth in and to one or more parcels of property in the area known as the Columbia Pike right-of-way, and the Washington Boulevard-Columbia Pike interchange.
Selection of property for conveyance— The Memorandum of Understanding between the Department of the Army and Arlington County, signed in January 2013, shall be used as a guide in determining the properties to be exchanged. After consultation with the Commonwealth and the County, the Secretary shall determine the exact parcels to be exchanged and such determination shall be final. In selecting the properties to be exchanged under subsections (a) and (b), the parties shall, within their respective authorities, seek to—
remove existing barriers to contiguous expansion of Arlington National Cemetery north of Columbia Pike through a realignment of Southgate Road to the western boundary of the former Navy Annex site;
provide the County with sufficient property to construct a museum that honors the history of freedman’s village, as well as any other County or public use this is compatible with a location immediately adjacent to Arlington National Cemetery, one of our Nation’s most sacred shrines; and
support the realignment and straightening of Columbia Pike, a redesign of the Washington Boulevard-Columbia Pike interchange, and future improvements to the Interstate 395 ramps.
Description of property— The exact acreage and legal description of the real property to be conveyed under this section shall be determined by surveys satisfactory to the Secretary, in consultation with the Commonwealth and the County.
Terms and conditions— The conveyances of real property authorized under this section shall be accomplished by one or more exchange agreements upon terms and conditions mutually satisfactory to the Secretary, the Commonwealth, and the County.
Repeal of obsolete authority— Section 2881 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2153) is hereby repealed.
Sec. 2833 Transfers of administrative jurisdiction, Camp Frank D. Merrill and Lake Lanier, Georgia
Transfers required—
Camp Frank D. Merrill— Not later than September 30, 2015, the Secretary of Agriculture shall transfer to the administrative jurisdiction of the Secretary of the Army for required Army force protection measures certain Federal land administered as part of the Chattahoochee National Forest, but permitted to the Secretary of the Army for Camp Frank D. Merrill in Dahlonega, Georgia, consisting of approximately 282 acres identified in the permit numbers 0018–01.
Lake Lanier property— In exchange for the land transferred under paragraph (1), the Secretary of the Army (acting through the Chief of Engineers) shall transfer to the administrative jurisdiction of the Secretary of Agriculture certain Federal land administered by the Army Corps of Engineers and consisting of approximately 10 acres adjacent to Lake Lanier at 372 Dunlap Landing Road, Gainesville, Georgia.
Use of transferred land—
Camp Frank D. Merrill—
In general— On receipt of the land under subsection (a)(1), the Secretary of the Army shall—
continue to use the land for military purposes;
maintain a public access road through the land or provide for alternative public access in coordination with the Secretary of Agriculture; and
make accommodations for public access and enjoyment of the land, when such public use is consistent with Army mission and force protection requirements.
Return of jurisdiction— The land transferred under subsection (a)(1) shall return to the jurisdiction of the Secretary of Agriculture, based on the best interests of the United States, if the Secretary of the Army determines that the transferred land is no longer needed for military purposes.
Lake Lanier property—
In general— On receipt of the land under subsection (a)(2), the Secretary of Agriculture shall use the land for administrative purposes.
Sale of land— The Secretary of Agriculture may—
sell or exchange land transferred under subsection (a)(2);
deposit the proceeds of a sale or exchange under clause (i) in the fund established under Public Law 90–171 (commonly known as the “Sisk Act”) (16 U.S.C. 484a); and
retain the proceeds for future acquisition of land within the Chattahoochee-Oconee National Forest, with the proceeds to remain available for expenditure without further appropriation or fiscal year limitation.
Use and occupancy of National Forest System Land— Use and occupancy of National Forest System Land by the Department of the Army, other than land transferred pursuant to this Act, shall continue to be subject to all laws (including regulations) applicable to the National Forest System.
Endangered species—
Critical habitat designation for darters— Nothing in the transfer required by subsection (a)(1) shall affect the prior designation of land within the Chattahoochee National Forest as critical habitat for the Etowah darter (Etheostoma etowahae) and the Holiday darter (Etheostoma brevistrum).
Future critical habitat listings and designations— Nothing in the transfer required by subsection (a)(1) shall affect the operation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for future listing or designations of critical habitat.
Legal description and map—
Preparation and publication— The Secretary of the Army and the Secretary of Agriculture shall publish in the Federal Register a legal description and map of both parcels of land to be transferred under subsection (a).
Force of law— The legal description and map filed under paragraph (1) for a parcel of land shall have the same force and effect as if included in this Act, except that the Secretaries may correct errors in the legal description and map.
Reimbursement of costs— The Secretary of the Army shall reimburse the Secretary of Agriculture for all costs related to the transfer required by subsection (a), including, at a minimum, any costs incurred by the Secretary of Agriculture to assist in the preparation of the legal description and maps required by subsection (e).
Sec. 2834 Transfer of administrative jurisdiction, Camp Gruber, Oklahoma
Transfer authorized— Upon a determination by the Secretary of the Army that the parcel of property at Camp Gruber, Oklahoma, conveyed by the war asset deed dated June 29, 1949, between the United States of America and the State of Oklahoma, or any portion there-of, is needed for national defense purposes, including military training, and that the transfer of the parcel is in the best interest of the Department of the Army, the Administrator of General Services shall execute the reversionary clause in the deed and immediately transfer administrative jurisdiction to the Department of the Army.
Description of property— The exact acreage and legal description of any real property to be transferred under subsection (a) may be determined by a survey satisfactory to the Secretary of the Army.
Additional term and conditions— The Secretary may require such additional terms and conditions in connection with a transfer under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
E Other Matters
Sec. 2841 Establishment of memorial to the victims of the shooting at the Washington Navy Yard on September 16, 2013
Memorial authorized— The Secretary of the Navy may permit a third party to establish and maintain a memorial dedicated to the victims of the shooting attack at the Washington Navy Yard that occurred on September 16, 2013.
Location of memorial— The Secretary may permit the memorial authorized by subsection (a) to be established at the Washington Navy Yard.
Establishment of account— An account shall be established on the books of the Treasury for the purpose of managing contributions received pursuant to paragraph (d).
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). a
Deposit of contributions— Without regard to the limitations set forth under section 2601(c)(2) of title 10, United States Code, the Secretary of the Navy shall deposit monetary contributions accepted under paragraph (d) in the account established under paragraph (c). The funds in the account established under paragraph (c) shall be available until expended without further appropriation, but only for the purposes described in subsection (a).
Use of federal funds prohibited— Federal funds may not be used to design, procure, prepare, install, or maintain the memorial authorized by subsection (a).
Condition— The memorial authorized by subsection (a) may not be established until the Secretary determines that an assured source of non-Federal funding has been established for the design, procurement, installation, and maintenance of the memorial in perpetuity.
Design of memorial— The final design of the memorial authorized by subsection (a) shall be subject to the approval of the Secretary.