Sec. 2811. ACCEPTANCE OF MILITARY CONSTRUCTION PROJECTS AS PAYMENTS IN-KIND AND IN-KIND CONTRIBUTIONS

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## SEC. 2811 ACCEPTANCE OF MILITARY CONSTRUCTION PROJECTS AS PAYMENTS IN-KIND AND IN-KIND CONTRIBUTIONS ###

(a)Payments-In-Kind and In-Kind Contributions Subsection

(f)of section 2687a of title 10, United States Code, is amended to read as follows: > > ### “(f) Acceptance of Military Construction Projects As Payments-In-Kind and In-Kind Contributions > > > ####

(1)> > > #####

(A)> > Except as provided in subparagraph (B), a military construction project costing more than $6,000,000 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. > > > ##### “(B) > > Subparagraph

(A)does not apply to a military construction project that— > > > ###### “(i) > > was specified in a bilateral agreement with a host country that was entered into before December 26, 2013; > > > ###### “(ii) > > 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 > > > ###### “(iii) > > 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. > > > #### “(2) > > > #####

(A)> > If the Secretary of Defense accepts a military construction project to be built for Department of Defense personnel outside the United States as a payment-in-kind or an in-kind contribution required by a bilateral agreement with a host country, the Secretary shall submit to the congressional defense committees a written notification at least 30 days before the initiation date for any such military construction project. > > > ##### “(B) > > A notification under subparagraph

(A)with respect to a proposed military construction project shall include the following: > > > ###### “(i) > > The requirements for, and purpose and description of, the proposed project. > > > ###### “(ii) > > The cost of the proposed project. > > > ###### “(iii) > > The scope of the proposed project. > > > ###### “(iv) > > The schedule for the proposed project. > > > ###### “(v) > > Such other details as the Secretary considers relevant. > > > ##### “(C) > > Subparagraph

(A)shall not apply to a military construction project authorized in a Military Construction Authorization Act. > > > #### “(3) > > To the extent that a payment-in-kind or an in-kind contribution is provided under a bilateral agreement with a host country with respect to a military construction project for which funds have already been obligated or expended by the Secretary of Defense, the Secretary shall return to the Treasury funds in an amount equal to the value of the funds already obligated or expended for the project. > > > #### “(4) > > In this subsection, the term ‘military construction project’ has the meaning given such term in section 2801 of this title.” > . ###

(b)Conforming Amendment Section 2802 of such title is amended by striking subsection (d). ###

(c)Repeal Section 2803 of the Carl Levin and Howard “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3696) is repealed.

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