Sec. 2803. Clarification of authorized use of payments-in-kind and in-kind contributions
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Subsection
(f)of section 2687a of title 10, United States Code, is amended to read as follows: A military construction project, as defined in chapter 159 of this title, may be accepted as payment-in-kind or as an in-kind contribution required by a bilateral agreement with a host country only if that military construction project is authorized by law. Operations of United States forces may be funded through payment-in-kind or an in-kind contribution required by a bilateral agreement with a host country under this section only if the costs covered by such payment or contribution are included in the budget justification documents for the Department of Defense submitted to Congress in connection with the budget submitted under 1105 of title 31. If funds previously appropriated for a military construction project or operating costs are subsequently addressed in an agreement for payment-in-kind or by an in-kind contribution required by a bilateral agreement with a host country, the Secretary of Defense shall return to the Treasury funds in the amount equal to the value of the appropriated funds. This subsection does not apply to a military construction project that— was specified in a bilateral agreement with a host country that was entered into before December 26, 2013; was the subject of negotiation between the United States and a host country as of the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2015; was accepted as payment-in-kind for the residual value of improvements made by the United States at military installations released to the host country under section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–510 ; 10 U.S.C. 2687 note) before December 26, 2013; or subject to paragraph (6), will cost less than the cost specified in subsection (a)(2) of section 2805 of this title for certain unspecified minor military construction projects. This subsection does not apply to an in-kind contribution toward operating costs that— was specified in a bilateral agreement with a host country that was entered into before December 26, 2013; was the subject of negotiation between the United States and a host country as of the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2015; or was accepted as an in-kind contribution for the residual value of improvements made by the United States at military installations released to the host country under section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–510 ; 10 U.S.C. 2687 note) before December 26, 2013. In the case of a military construction project excluded pursuant to paragraph (4)(D) whose cost will exceed the cost specified in subsection
(b)of section 2805 of this title for certain unspecified minor military construction projects, the congressional notification requirements and waiting period specified in paragraph
(2)of such subsection shall apply. . Section 2802(d) of title 10, United States Code, is amended— in paragraph (1), by striking payment-in-kind contributions and inserting payments-in-kind or in-kind contributions ; by striking paragraph
(3)and inserting the following new paragraph: This subsection does not apply to a military construction project covered by one of the exceptions in section 2687a(f)(4) of this title. ; and in paragraph (4), by striking paragraph (3)(C) and inserting paragraph (3), by reference to section 2687a(f)(4)(D) of this title, . During the period beginning on the date of the enactment of this Act and ending on the effective date specified in subsection (d), the Secretary of Defense shall submit to the congressional defense committees a written notification, at least 30 days before the initiation date for any military construction project to be built for Department of Defense personnel outside the United States using payments-in-kind or in-kind contributions. A written notifications under paragraph
(1)shall include the following: The requirements for, and purpose and description of, the proposed military construction project. The cost of the proposed military construction project. The scope of the proposed military construction project. The schedule for the proposed military construction project. Such other details as the Secretary considers relevant. The amendments made by this section shall take effect on the later of— September 30, 2016; or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2017.
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- Pub. L. 101-510
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Sec. 2803
Clarification of authorized use of payments-in-kind and in-kind contributions
Pub. L.Pub. L. 101-510
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