SEC. 2001. Short Title.
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2021”.
Division B — Military Construction Authorizations
DIVISION 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 and title XXIX 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, 2023; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024.
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, 2023; or
the date of the enactment of an Act authorizing funds for fiscal year 2024 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
SEC. 2003. Effective Date.
TITLE 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:
| State | Installation or Location | Amount |
|---|---|---|
| Alaska | Fort Wainwright | $114,000,000 |
| Arizona | Yuma Proving Ground | $14,000,000 |
| California | Military Ocean Terminal Concord | $46,000,000 |
| Colorado | Fort Carson | $28,000,000 |
| Georgia | Fort Gillem | $71,000,000 |
| Fort Gordon | $80,000,000 | |
| Hawaii | Aliamanu Military Reservation | $71,000,000 |
| Schofield Barracks | $39,000,000 | |
| Wheeler Army Airfield | $89,000,000 | |
| Louisiana | Fort Polk | $25,000,000 |
| Oklahoma | McAlester AAP | $35,000,000 |
| South Carolina | Fort Jackson | $7,000,000 |
| Virginia | Humphreys Engineer Center | $51,000,000 |
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 installation outside the United States, and in the amount, set forth in the following table:
| State | Installation | Amount |
|---|---|---|
| Italy | Casmera Renato Dal Din | $10,200,000 |
SEC. 2102. Family Housing.
Construction and Acquisition.— 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:
| Country | Installation or Location | Units | Amount |
|---|---|---|---|
| Italy | Vicenza | Family Housing New Construction | $84,100,000 |
| Kwajalein | Kwajalein Atoll | Family Housing Replacement Construction | $32,000,000 |
Planning and Design.— 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 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 $3,300,000.
SEC. 2103. Authorization of Appropriations, Army.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, 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 total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2104. Limitation on Military Construction Project at Kwajalein Atoll.
The Secretary of the Army may not commence the military construction project authorized by section 2102(a) at Kwajalein Atoll, as specified in the funding table in section 4601, and none of the funds authorized to be appropriated by this Act for that military construction project may be obligated or expended, until the Secretary submits to Committees on Armed Services of the House of Representatives and the Senate a design plan for the project that ensures that, upon completion of the project, the project will be resilient to 15 inches of sea level fluctuation and periods of complete inundation and wave-overwash predicted during the 10-year period beginning on the date of the enactment of this Act.
SEC. 2105. Modification of Authority to Carry Out Fiscal Year 2017 Project at Camp Walker, Korea.
In the case of the authorization contained in the table in section 2102(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2689) for Camp Walker, Korea, the Secretary of the Army may construct an elevated walkway between two existing parking garages to connect children’s playgrounds using amounts available for Family Housing New Construction, as specified in the funding table in section 4601 of such Act (130 Stat. 2883).
TITLE 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 2203(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:
| State | Installation or Location | Amount |
|---|---|---|
| California | Camp Pendleton | $115,530,000 |
| Lemoore | $187,220,000 | |
| Point Mugu | $26,700,000 | |
| Port Hueneme | $43,500,000 | |
| San Diego | $128,500,000 | |
| Seal Beach | $46,800,000 | |
| Twentynine Palms | $76,500,000 | |
| Hawaii | Joint Base Pearl Harbor-Hickam | $114,900,000 |
| Maine | Kittery | $715,000,000 |
| NCTAMS LANT Detachment Cutler | $26,100,000 | |
| Nevada | Fallon | $29,040,000 |
| North Carolina | Cherry Point | $51,900,000 |
| Virginia | Norfolk | $39,800,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(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 installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Bahrain Island | SW Asia | $68,340,000 |
| El Salvador | Comalapa | $28,000,000 |
| Greece | Souda Bay | $50,180,000 |
| Guam | Andersen Air Force Base | $21,280,000 |
| Joint Region Marianas | $546,550,000 | |
| Spain | Rota | $60,110,000 |
SEC. 2202. Family Housing and Improvements to Military Family Housing Units.
Family Housing.— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions 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 $5,854,000.
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 2203(a) and available for military family housing functions 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 $37,043,000.
SEC. 2203. Authorization of Appropriations, Navy.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, 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 total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
TITLE 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 2303(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:
| State | Installation or Location | Amount |
|---|---|---|
| California | Edwards Air Force Base | $40,000,000 |
| New Jersey | Joint Base McGuire-Dix-Lakehurst | $22,000,000 |
| South Dakota | Ellsworth Air Force Base | $96,000,000 |
| Texas | Joint Base San Antonio | $19,500,000 |
| Utah | Hill Air Force Base | $132,000,000 |
| Virginia | Joint Base Langley-Eustis | $19,500,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(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:
| Country | Installation or Location | Amount |
|---|---|---|
| Guam | Andersen Air Force Base | $56,000,000 |
| Qatar | Al Udeid | $26,000,000 |
SEC. 2302. Family Housing and Improvements to Military Family Housing Units.
Family Housing.— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force 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 $2,969,000.
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 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $94,245,000.
SEC. 2303. Authorization of Appropriations, Air Force.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, 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 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2304. Modification of Authority to Carry Out Certain Fiscal Year 2018 Project.
Modification of Project Authority.— In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1826) for Royal Air Force Lakenheath, United Kingdom, for construction of a 2,384 square-meter Consolidated Corrosion Control Facility, as specified in the funding table in section 4601 of such Act (131 Stat. 2004), the Secretary of the Air Force may construct a 2,700 square-meter Consolidated Corrosion Control and Wash Rack Facility.
Modification of Project Amounts.—
Division b table.— The authorization table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1826) is amended in the item relating to Royal Air Force Lakenheath, United Kingdom, by striking “ $136,992,000” and inserting “ $172,292,000” to reflect the project modification made by subsection (a).
Division d table.— The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 2004) is amended in the item relating to Royal Air Force Lakenheath, Consolidated Corrosion Control Facility, by striking “ $20,000” in the Conference Authorized column and inserting “ $55,300” to reflect the project modification made by subsection (a).
SEC. 2305. Modification of Authority to Carry Out Certain Fiscal Year 2019 Projects.
Eielson Air Force Base, Alaska.— In the case of the authorization contained in the table in section 2301(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) for Eielson Air Force Base, Alaska, for construction of a F–35 CATM Range, as specified in the funding table in section 4601 of that Act (132 Stat. 2404), the Secretary of the Air Force may construct a 600 square meter non-contained (outdoor) range with covered and heated firing line.
Barksdale Air Force Base, Louisiana.—
Modification of project authority.— In the case of the authorization contained in table in section 2301(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) for Barksdale Air Force Base, Louisiana, for construction of an Entrance Road and Gate Complex the Secretary of the Air Force may construct a 190 square meter visitor control center, 44 square meter gate house, 124 square meter privately owned vehicle inspection facility, 338 square meter truck inspection facility and a 45 square meter gatehouse.
Project conditions.— The military construction project referred to in paragraph (1) shall be carried out consistent with the Unified Facilities Criteria relating to Entry Control Facilities and applicable construction guidelines of the Department of the Air Force. Construction in a flood plain is authorized, subject to the condition that the Secretary of the Air Force include appropriate mitigation measures.
Modification of project amounts.—
Division b table.— The authorization table in section 2301(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) is amended in the item relating to Barksdale Air Force Base, Louisiana, by striking “ $12,250,000” and inserting “ $48,000,000” to reflect the project modification made by paragraph (1).
Division d table.— The funding table in section 4601 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2404) is amended in the item relating to Barksdale Air Force Base, Louisiana, by striking “ $12,250” in the Conference Authorized column and inserting “ $48,000” to reflect the project modification made by paragraph (1).
Royal Air Force Lakenheath, United Kingdom.— In the case of the authorization contained in the table in section 2301(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, for construction of a 485 square-meter F–35A ADAL Conventional Munitions MX, as specified in the funding table of section 4601 of such Act (132 Stat. 2405), the Secretary of the Air Force may construct a 1,206 square-meter maintenance facility for such purpose.
Force Protection and Safety.— The funding table in section 4601 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2406) is amended in the item relating to Force Protection and Safety under Military Construction, Air Force, by striking “ $35,000” in the Conference Authorized column and inserting “ $50,000” to reflect amounts appropriated for such purpose.
SEC. 2306. Modification of Authority to Carry Out Certain Fiscal Year 2020 Projects.
Tyndall Air Force Base, Florida.— In the case of the authorizations contained in the table in section 2912(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1913) for Tyndall Air Force Base, Florida—
for construction of Auxiliary Ground Equipment Facility, as specified in the funding table in section 4603 of that Act (133 Stat. 2103), the Secretary of the Air Force may construct up to 5,043 square meters of aircraft support equipment storage;
for construction of Ops/Aircraft Maintenance Unit/Hanger Number 2, as specified in such funding table, the Secretary of the Air Force may construct—
up to 2,584 square meters of squadron operations; and
up to 2,880 square meters of aircraft maintenance unit;
for construction of Ops/Aircraft Maintenance Unit/Hanger Number 3, as specified in such funding table, the Secretary of the Air Force may construct—
up to 2,584 square meters of squadron operations; and
up to 2,880 square meters of aircraft maintenance unit;
for construction of Operations Group/Maintenance Group HQ, as specified in such funding table, the Secretary of the Air Force may construct up to 3,479 square meters of headquarters;
for construction of Security Forces Mobility Storage Facility, as specified in such funding table, the Secretary of the Air Force may construct up to 930 square meters of equipment storage;
for construction of Site Development, Utilities & Demo Phase 2, as specified in such funding table, the Secretary of the Air Force may construct—
up to 3,039 meters of storm water piping, box culverts, underground detention, and grading for surface detention;
up to 6,136 meters of water lines;
up to 11,171 meters of communications lines;
up to 48,245 square meters of roads;
up to 25,979 meters of electrical lines; and
up to 618 square meters of pump house facility;
for construction of Lodging Facilities Phases 1-2, as specified in such funding table, the Secretary of the Air Force may construct up to 20,361 square meters of visiting quarters;
for construction of Dorm Complex Phases 1-2, as specified in such funding table, the Secretary of the Air Force may construct up to 24,792 square meters of permanent party dormitory;
for construction of Tyndall AFB Gate Complex, as specified in such funding tale, the Secretary of the Air Force may construct—
up to 139 square meters of gate houses;
up to 1,747 square meters of canopies;
up to 555 square meters of vehicle inspection ports; and
19 each active/passive barriers;
for construction of Aircraft Wash Rack, as specified in such funding table, the Secretary of the Air Force may construct—
up to 2,307 square meters of corrosion control; and
up to 1,621 square meters of aircraft wash rack in a hangar facility;
for construction of Deployment Center/Flight Line Dining/AAFES, as specified in such funding table, the Secretary of the Air Force may construct—
up to 3,707 square meters of deployment processing center; and
up to 128 square meters of AAFES (Shoppette);
for construction of Airfield Drainage, as specified in such funding table, the Secretary of the Air Force may construct up to 37,357 square meters of drainage ditch;
for construction of 325th Fighter Wing HQ Facility, as specified in such funding table, the Secretary of the Air Force may construct—
up to 3,301 square meters of 325th Fighter Wing HQ building; and
up to 697 square meters of command post; and
for construction of Community Commons Facility, as specified in such funding table, the Secretary of the Air Force may construct—
up to 1,080 square meters of recreation center;
up to 974 square meters of arts and crafts center;
up to 2,048 square meters of bowling center; and
up to 1,537 square meters of library.
Offutt Air Force Base, Nebraska.— In the case of the authorizations contained in the table in section 2912(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1913) for Offutt Air Force Base, Nebraska—
for construction of an Emergency Power Microgrid, as specified in the funding table in section 4603 of such Act (133 Stat. 2104), the Secretary of the Air Force may construct seven 2.5-megawatt diesel engine generators, seven diesel exhaust fluid systems, 15-kV switchgear, two import/export inter-ties, five import-only inter-ties, and 800 square meters of switchgear facility;
for construction of a Flightline Hangars Campus, as specified in such funding table, the Secretary of the Air Force may construct 445 square meter of petroleum operations center, 268 square meters of de-icing liquid storage, and 173 square meters of warehouse; and
for construction of a Lake Campus, as specified in such funding table, the Secretary of the Air Force may construct 240 square meters of softball complex and 270 square meters of morale, welfare, and recreation equipment storage facility;
for construction of a Logistics Readiness Squadron Campus, as specified in such funding table, the Secretary of the Air Force may construct 2,536 square meters of warehouse; and
for construction of a Security Campus, as specified in such funding table, the Secretary of the Air Force may construct 4,218 square meters of operations center and 1,343 square meters of military working dog kennel.
Joint Base Langley-Eustis, Virginia.— In the case of the authorization contained in the table in section 2912(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1913) for Joint Base Langley-Eustis, Virginia, for construction of a Dormitory at the installation, as specified in the funding table in section 4603 of such Act (133 Stat. 2104), the Secretary of the Air Force may construct up to 6,720 square meters of dormitory.
SEC. 2307. Technical Corrections Related to Authority to Carry Out Certain Fiscal Year 2020 Family Housing Projects.
Authorization of Omitted Spangdahlem Air Base Family Housing Project.— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1869) and available for military family housing functions, the Secretary of the Air Force may carry out the military family housing project to construct 76 housing units at Spangdahlem Air Base, Germany, as specified in the funding table in section 4601 of such Act (133 Stat. 2099).
Correction of Amount Authorized for Family Housing Improvements.— Section 2303 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1869) is amended by striking “ $53,584,000” and inserting “ $46,638,000” to reflect the amount specified in the funding table in section 4601 of such Act (133 Stat. 2099) for Construction Improvements under Family Housing Construction, Air Force.
TITLE XXIV Defense Agencies Military Construction
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:
| State | Installation or Location | Amount |
|---|---|---|
| Alabama | Anniston Army Depot | $18,000,000 |
| Alaska | Fort Greely | $48,000,000 |
| Arizona | Fort Huachuca | $33,728,000 |
| Yuma | $49,500,000 | |
| California | Beale Air Force Base | $22,800,000 |
| Colorado | Fort Carson | $15,600,000 |
| CONUS Unspecified | CONUS Unspecified | $14,400,000 |
| Florida | Hurlburt Field | $83,120,000 |
| Kentucky | Fort Knox | $69,310,000 |
| New Mexico | Kirtland Air Force Base | $46,600,000 |
| North Carolina | Fort Bragg | $113,800,000 |
| Ohio | Wright-Patterson Air Force Base | $23,500,000 |
| Texas | Fort Hood | $32,700,000 |
| Virginia | Joint Expeditionary Base Little Creek-Fort Story | $112,500,000 |
| Washington | Joint Base Lewis-McChord | $21,800,000 |
| Manchester | $82,000,000 |
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 installation or location outside the United States, and in the amount, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Japan | Def Fuel Support Point Tsurumi | $49,500,000 |
Modification of Authority To Carry Out Certain Fiscal Year 2020 Project.— In the case of the authorization contained in the table in section 2401(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1871) for the construction of a backup generator at the Pentagon, Virginia, the Secretary of Defense may replace and upgrade existing generators to obtain additional power generation capacity, as specified in the funding table in section 4601 of that Act (133 Stat. 2095).
Extension of Authority To Carry Out Certain Fiscal Year 2016 Project.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1145), the authorization set forth in the table in paragraph (2), as provided in section 2401 of that Act (129 Stat. 1157), shall remain in effect until October 1, 2021, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2022, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| State/Country | Installation | Project | Amount |
|---|---|---|---|
| Oregon | Klamath Falls IAP | Fuel Facilities | $2,500,000 |
SEC. 2402. Authorized Energy Resilience and Conservation Investment Program Projects.
Inside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects 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:
| State | Installation or Location | Amount |
|---|---|---|
| Alabama | Fort Rucker | $24,000,000 |
| Arkansas | Ebbing Air National Guard Base | $2,600,000 |
| California | Marine Corps Air Ground Combat Center Twentynine Palms | $11,646,000 |
| Military Ocean Terminal Concord | $29,000,000 | |
| Naval Support Activity Monterey | $10,540,000 | |
| Naval Air Weapons Station China Lake | $8,950,000 | |
| District of Columbia | Joint Base Anacostia-Bolling | $44,313,000 |
| Georgia | Fort Benning | $17,000,000 |
| Maryland | Naval Support Activity Bethesda | $13,840,000 |
| Naval Support Activity South Potomac | $18,460,000 | |
| Missouri | Whiteman Air Force Base | $17,310,000 |
| Nevada | Creech Air Force Base | $32,000,000 |
| North Carolina | Fort Bragg | $6,100,000 |
| Ohio | Wright-Patterson Air Force Base | $35,000,000 |
| Tennessee | Memphis Air National Guard Base | $4,780,000 |
| Virginia | Naval Medical Center Portsmouth | $611,000 |
| Surface Combat Systems Center Wallops Island | $9,100,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects 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 installation or location outside the United States, and in the amount, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Italy | Naval Support Activity Naples | $3,490,000 |
SEC. 2403. Authorization of Appropriations, Defense Agencies.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, 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 total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2404. Independent Study on Western Emergency Refined Fuel Reserves.
Independent Study.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of Energy, seek to enter into a contract with a Federally funded research and development center under which contract such center shall conduct a study on the feasibility (including costs and benefits) of establishing one or more emergency fuel reserves for refined fuel in the Western United States.
Elements of Study.— In conducting the study referred to in subsection (a), the Federally funded research and development center with which the Secretary enters into a contract under such subsection shall analyze the following:
An assessment, in the event of a 30 day-interruption in the capability of oil refineries of the West Coast of the United States, Alaska, and Hawaii to refine petroleum, of—
the capacity of the Department of Defense to meet defense missions requirements using the Prepositioned War Reserve Requirements of the Department for wartime and peacetime operations through the Prepositioned War Reserve Stock and Operating Stock of the Department;
the military installations or missions otherwise served by such refineries that may have unique or limited connection to refined petroleum supply infrastructure; and
the capacity of the Strategic Petroleum Reserve and connecting pipeline infrastructure to support requirements of the West Coast area of the United States for petroleum and refined petroleum products.
An assessment of the practicability of the storage of military specification fuels and jet fuel stock in long-term storage in a salt cavern, hard-rock storage, or tank or other storage.
An identification and assessment of various options to provide long-term storage of refined fuels in the Western United States, including through the establishment of one or more Western Emergency Refined Fuel Reserves, including—
for the assessment of each option, a proposal for the Federal agency or agencies to be responsible for such option; and
for the assessment of the establishment of any such Reserve, an estimate of the costs of construction and operation of such Reserve.
Report.— The contract under subsection (a) shall require the Federally funded research and development center that conducts the study under the contract to submit to the Secretary of Defense and the Secretary of Energy a report on the results of study. The report shall be so submitted in both classified and unclassified form.
Submittal to Congress.—
In general.— Not later than 30 days after the date on which the Secretary of Defense and the Secretary of Energy receive the report under subsection (c), the Secretary of Defense, in consultation with the Secretary of Energy, shall submit to the appropriate committees of Congress the following:
The report under subsection (c), unaltered, in both classified and unclassified form.
Such comments as the Secretary of Defense considers appropriate in light of the report under subsection (c).
Appropriate committees of congress defined.— In this subsection, the term “appropriate committees of Congress” means—
the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate; and
the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives.
TITLE XXV International Programs
Subtitle A 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.
Authorization.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, 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 as specified in the funding table in section 4601.
Authority To Recognize NATO Authorization Amounts as Budgetary Resources for Project Execution.— When the United States is designated as the Host Nation for the purposes of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project.
SEC. 2503. Execution of Projects under the North Atlantic Treaty Organization Security Investment Program.
In General.— Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 2350m. Execution of projects under the North Atlantic Treaty Organization Security Investment Program
“(a) Authority To Execute Projects.—When the United States is designated as the Host Nation for purposes of executing a project under the North Atlantic Treaty Organization Security Investment Program (in this section referred to as the ‘Program’), the Secretary of Defense may accept such designation and carry out such project consistent with the requirements of this section.
“(b) Project Funding.—The Secretary of Defense may fund authorized expenditures of projects accepted under subsection (a) with—
“(1) contributions under subsection (c);
“(2) appropriations of the Department of Defense for the Program when directed by the North Atlantic Treaty Organization to apply amounts of such appropriations as part of the share of contributions of the United States for the Program; or
“(3) any combination of amounts described in paragraphs (1) and (2).
“(c) Authority To Accept Contributions.—
(1) The Secretary of Defense may accept contributions from the North Atlantic Treaty Organization and member nations of the North Atlantic Treaty Organization for the purpose of carrying out a project under subsection (a).
“(2) Contributions accepted under paragraph (1) shall be placed in an account established for the purpose of carrying out the project for which the funds were provided and shall remain available until expended.
“(3)
(A) If contributions are made under paragraph (1) as reimbursement for a project or portion of a project previously completed by the Department of Defense, such contributions shall be credited to—
“(i) the appropriations used for the project or portion thereof, if such appropriations have not yet expired; or
“(ii) the appropriations for the Program, if the appropriations described in clause (i) have expired.
“(B) Funding credited under subparagraph (A) shall merge with and remain available for the same purposes and duration as the appropriations to which credited.
“(d) Obligation Authority.—The construction agent of the Department of Defense designated by the Secretary of Defense to execute a project under subsection (a) may recognize the North Atlantic Treaty Organization project authorization amounts as budgetary resources to incur obligations against for the purposes of executing the project.
“(e) Insufficient Contributions.—
(1) In the event that the North Atlantic Treaty Organization does not agree to contribute funding for all costs necessary for the Department of Defense to carry out a project under subsection (a), including necessary personnel costs of the construction agent designated by the Department of Defense, contract claims, and any conjunctive funding requirements that exceed the project authorization or standards of the North Atlantic Treaty Organization, the Secretary of Defense, upon determination that completion of the project is in the national interest of the United States, may fund such costs, and undertake such conjunctively funded requirements not otherwise authorized by law, using any unobligated funds available among funds appropriated for the Program for military construction.
“(2) The use of funds under paragraph (1) from appropriations for the Program may be in addition to or in place of any other funding sources otherwise available for the purposes for which those funds are used.
“(f) Authorized Expenditures Defined.—In this section, the term ‘authorized expenditures’ means project expenses for which the North Atlantic Treaty Organization has agreed to contribute funding.”
Clerical Amendment.— The table of sections at the beginning of subchapter II of chapter 138 of such title is amended by adding at the end the following new item:
“2350m. Execution of projects under the North Atlantic Treaty Organization Security Investment Program.”.
Conforming Repeals.—
2019.— Section 2502 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2252) is amended—
in subsection (a)—
by striking “ (a) Authorization.—Funds” and inserting “ Funds”; and
by striking the second sentence; and
by striking subsection (b).
2020.— Section 2502 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1874) is amended—
in subsection (a), by striking “ (a) Authorization.—Funds” and inserting “ Funds”; and
by striking subsection (b).
Subtitle B Host Country In-Kind Contributions
SEC. 2511. Republic of Korea Funded Construction Projects.
Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table:
| Component | Installation or Location | Project | Amount |
|---|---|---|---|
| Army | Camp Carroll | Site Development | $49,000,000 |
| Army | Camp Humphreys | Attack Reconnaissance Battalion Hangar | $99,000,000 |
| Army | Camp Humphreys | Hot Refuel Point | $35,000,000 |
| Navy | COMROKFLT Naval Base, Busan | Maritime Operations Center | $26,000,000 |
| Air Force | Daegu Air Base | AGE Facility and Parking Apron | $14,000,000 |
| Air Force | Kunsan Air Base | Backup Generator Plant | $19,000,000 |
| Air Force | Osan Air Base | Aircraft Corrosion Control Facility (Phase 3) | $12,000,000 |
| Air Force | Osan Air Base | Child Development Center | $20,000,000 |
| Air Force | Osan Air Base | Relocate Munitions Storage Area Delta (Phase 1) | $84,000,000 |
| Defense-Wide | Camp Humphreys | Elementary School | $58,000,000 |
SEC. 2512. Qatar Funded Construction Projects.
Pursuant to agreement with the State of Qatar for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installation in the State of Qatar, and in the amounts, set forth in the following table:
| Component | Installation or Location | Project | Amount |
|---|---|---|---|
| Air Force | Al Udeid | Billet (A12) | $63,000,000 |
| Air Force | Al Udeid | Billet (B12) | $63,000,000 |
| Air Force | Al Udeid | Billet (D10) | $77,000,000 |
| Air Force | Al Udeid | Billet (009) | $77,000,000 |
| Air Force | Al Udeid | Billet (007) | $77,000,000 |
| Air Force | Al Udeid | Armory/Mount | $7,200,000 |
| Air Force | Al Udeid | Billet (A06) | $77,000,000 |
| Air Force | Al Udeid | Dining Facility | $14,600,000 |
| Air Force | Al Udeid | Billet (BOS) | $77,000,000 |
| Air Force | Al Udeid | Billet (B04) | $77,000,000 |
| Air Force | Al Udeid | Billet (A04) | $77,000,000 |
| Air Force | Al Udeid | Billet (AOS) | $77,000,000 |
| Air Force | Al Udeid | Dining Facility | $14,600,000 |
| Air Force | Al Udeid | MSG (Base Operations Support Facility) | $9,300,000 |
| Air Force | Al Udeid | ITN (Communications Facility) | $3,500,000 |
TITLE XXVI Guard and Reserve Forces Facilities
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 the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Arizona | Tucson | $18,100,000 |
| Arkansas | Fort Chaffee | $15,000,000 |
| California | Bakersfield | $9,300,000 |
| Colorado | Peterson Air Force Base | $15,000,000 |
| Indiana | Shelbyville | $12,000,000 |
| Kentucky | Frankfort | $15,000,000 |
| Mississippi | Brandon | $10,400,000 |
| Nebraska | North Platte | $9,300,000 |
| New Jersey | Joint Base McGuire-Dix-Lakehurst | $15,000,000 |
| Ohio | Columbus | $15,000,000 |
| Oklahoma | Ardmore | $9,800,000 |
| Oregon | Hermiston | $25,035,000 |
| Puerto Rico | Fort Allen | $37,000,000 |
| South Carolina | Joint Base Charleston | $15,000,000 |
| Tennessee | McMinnville | $11,200,000 |
| Texas | Fort Worth | $13,800,000 |
| Utah | Nephi | $12,000,000 |
| Virgin Islands | St. Croix | $39,400,000 |
| Wisconsin | Appleton | $11,600,000 |
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 the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Florida | Gainesville | $36,000,000 |
| Massachusetts | Devens Reserve Forces Training Area | $8,700,000 |
| North Carolina | Asheville | $24,000,000 |
| Wisconsin | Fort McCoy | $17,100,000 |
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 the funding table 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 installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Maryland | Reisterstown | $39,500,000 |
| Minnesota | Naval Operational Support Center Minneapolis | $12,800,000 |
| Utah | Hill Air Force Base | $25,010,000 |
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 the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Alabama | Montgomery Regional Airport | $23,600,000 |
| Guam | Joint Region Marianas | $20,000,000 |
| Maryland | Joint Base Andrews | $9,400,000 |
| North Dakota | Hector International Airport | $17,500,000 |
| Texas | Joint Base San Antonio | $10,800,000 |
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 the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installation inside the United States, and in the amount, set forth in the following table:
| State | Installation | Amount |
|---|---|---|
| Texas | Joint Reserve Base Fort Worth | $39,200,000 |
SEC. 2606. Authorization of Appropriations, National Guard and Reserve.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, 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.
SEC. 2607. Modification of Authority to Carry Out Fiscal Year 2020 Project in Alabama.
In the case of the authorization contained in the table in section 2601 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1875) for Anniston Army Depot, Alabama, for construction of an Enlisted Transient Barracks as specified in the funding table in section 4601 of such Act (133 Stat. 2096), the Secretary of the Army may construct a training barracks at Fort McClellan, Alabama.
TITLE 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, 2020, 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 established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), 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 Base Realignment and Closure (BRAC) round.
SEC. 2703. Plan to Finish Remediation Activities Conducted by the Secretary of the Army in Umatilla, Oregon.
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to Congress a plan to finish remediation activities conducted by the Secretary in Umatilla, Oregon, by not later than three years after such date of enactment.
TITLE XXVIII Military Construction General Provisions
Subtitle A Military Construction Program Changes
SEC. 2801. Modification and Clarification of Construction Authority in the Event of a Declaration of War or National Emergency.
Limitation on Amount of Funds Available for National Emergency.— Section 2808 of title 10, United States Code, is amended—
by redesignating subsections (b) and (c) as subsections (e) and (f), respectively; and
by inserting after subsection (a) the following new subsection:
“(c) Limitation on Amount of Funds Available for National Emergency.—
(1) Except as provided in paragraph (2), in the event of a declaration by the President of a national emergency in which the construction authority described in subsection (a) is used, the total cost of all military construction projects undertaken using that authority during the national emergency may not exceed $500,000,000.
“(2) In the event of a national emergency declaration in which the construction authority described in subsection (a) will be used only within the United States, the total cost of all military construction projects undertaken using that authority during the national emergency may not exceed $100,000,000.”
Additional Conditions on Source of Funds.— Section 2808(a) of title 10, United States Code, is amended by striking the second sentence and inserting the following new subsection:
“(b) Conditions on Sources of Funds.—A military construction project to be undertaken using the construction authority described in subsection (a) may be undertaken only within the total amount of funds that have been appropriated for military construction, excluding funds appropriated for family housing, that—
“(1) remain unobligated as of the date on which the first contract would be entered into in support of the national emergency declaration described in subsection (a); and
“(2) are available because the military construction project for which the funds were appropriated—
“(A) has been canceled; or
“(B) has reduced costs as a result of project modifications or other cost savings.”
Waiver of Other Provisions of Law.— Section 2808 of title 10, United States Code, is amended by inserting after subsection (c), as added by subsection (a), the following new subsection:
“(d) Waiver of Other Provisions of Law in Event of National Emergency.—In the event of a declaration by the President of a national emergency in which the construction authority described in subsection (a) is used, the authority provided by such subsection to waive or disregard another provision of law that would otherwise apply to a military construction project authorized by this section may be used only if—
“(1) such other provision of law does not provide a means by which compliance with the requirements of the law may be waived, modified, or expedited; and
“(2) the Secretary of Defense determines that the nature of the national emergency necessitates the noncompliance with the requirements of the law.”
Additional Notification Requirements.— Subsection (e) of section 2808 of title 10, United States Code, as redesignated by subsection (a)(1), is amended—
by striking “ of the decision” and all that follows through the end of the subsection and inserting the following:
“(A) The reasons for the decision to use the construction authority described in subsection (a), including, in the event of a declaration by the President of a national emergency, the reasons why use of the armed forces is required in response to the declared national emergency.
“(B) The construction projects to be undertaken using the construction authority described in subsection (a), including, in the event of a declaration by the President of a national emergency, an explanation of how each construction project directly supports the immediate security, logistical, or short-term housing and ancillary supporting facility needs of the members of the armed forces used in the national emergency.
“(C) The estimated cost of the construction projects to be undertaken using the construction authority described in subsection (a), including the cost of any real estate action pertaining to the construction projects, and certification of compliance with the funding conditions imposed by subsections (b) and (c).
“(D) Any determination made pursuant to subsection (d)(2) to waive or disregard another provision of law to undertake any construction project using the construction authority described in subsection (a).
“(E) The military construction projects, including any ancillary supporting facility projects, whose cancellation, modification, or other cost savings result in funds being available to undertake construction projects using the construction authority described in subsection (a) and the possible impact of the cancellation or modification of such military construction projects on military readiness and the quality of life of members of the armed forces and their dependents.”
; and
by adding at the end the following new paragraph:
“(2) In the event of a declaration by the President of a national emergency in which the construction authority described in subsection (a) is used, a construction project to be undertaken using such construction authority may be carried out only after the end of the five-day period beginning on the date the notification required by paragraph (1) is received by the congressional defense committees.”
in subsection (a), by inserting “ Construction Authorized.—” after “ (a)”;
in subsection (e), as redesignated by subsection (a)(1), by inserting “ Notification Requirement.—(1)” after “ (e)”; and
in subsection (f), as redesignated by subsection (a)(1), by inserting “ Termination of Authority.—” after “ (f)”.
Exception for Pandemic Mitigation and Response Projects.— Subsections (b), (c), (d) of section 2808 of title 10, United States Code, as added by this section, shall not apply to a military construction project commenced under the authority of subsection (a) of such section 2808 during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)) if the Secretary of Defense determines that the military construction project will directly support pandemic mitigation and response efforts of health care providers or support members of the Armed Forces directly participating in such pandemic mitigation and response efforts. Subsection (e) of section 2808 of title 10, United States Code, as redesignated by subsection (a)(1) and amended by subsection (d) of this section, shall still apply to any such military construction project.
SEC. 2802. Extension of Sunset for Annual Locality Adjustment of Dollar Thresholds Applicable to Unspecified Minor Military Construction Authorities.
Section 2805(f)(3) of title 10, United States Code, is amended by striking “ 2022” and inserting “ 2027”.
SEC. 2803. Modification of Reporting Requirements Regarding Certain Military Construction Projects and Military Family Housing Projects, Contracts, and Agreements.
Cost-increase Reports; Elimination of Submission to Comptroller General.— Section 2853(f) of title 10, United States Code, is amended—
in paragraphs (1) and (3), by striking “ and the Comptroller General of the United States”; and
by striking paragraph (6).
Synchronization of Notification Requirements.— Section 2853(c)(1) of title 10, United States Code, is amended by inserting after “ cost increase” in the matter preceding subparagraph (A) the following: “ (subject to subsection (f))”.
Delegation and Scope of Housing Privatization Reporting Requirement.— Section 2884(a) of title 10, United States Code, is amended—
in paragraph (1)—
in the matter preceding the subparagraphs, by striking “ The Secretary of Defense” and inserting “ The Secretary concerned”; and
in subparagraph (A)—
by inserting “ or agreement” after “ each contract”; and
by striking “ that the Secretary proposes to solicit”;
in paragraph (2)—
in the matter preceding the subparagraphs, by striking “ For each proposed contract, conveyance, or lease described in paragraph (1), the report required by such paragraph” and inserting “ A report required by paragraph (1)”; and
by inserting “ agreement,” after “ contract,” each place it appears; and
in paragraph (3), by inserting “ or agreement” after “ contract” each place it appears.
SEC. 2804. Consideration of Energy Security and Energy Resilience in Life-Cycle Cost for Military Construction.
In General.— Chapter 169 of title 10, United States Code, is amended by inserting after section 2815 the following new section:
Ҥ 2816. Consideration of energy security and energy resilience in life-cycle cost for military construction
“(a) In General.—
(1) The Secretary concerned, when evaluating the life-cycle designed cost of a covered military construction project, shall include as a facility requirement the long-term consideration of energy security and energy resilience that would ensure that the resulting facility is capable of continuing to perform its missions, during the life of the facility, in the event of a natural or human-caused disaster, an attack, or any other unplanned event that would otherwise interfere with the ability of the facility to perform its missions.
“(2) A facility requirement under paragraph (1) shall not be weighed, for cost purposes, against other facility requirements in determining the design of the facility.
“(b) Inclusion in the Building Life-cycle Cost Program.—The Secretary shall include the requirements of subsection (a) in applying the latest version of the building life-cycle cost program, as developed by the National Institute of Standards and Technology, to consider on-site distributed energy assets in a building design for a covered military construction project.
“(c) Covered Military Construction Project Defined.—
(1) In this section, the term ‘covered military construction project’ means a military construction project for a facility that is used to perform critical functions during a natural or human-caused disaster, an attack, or any other unplanned event.
“(2) For purposes of paragraph (1), the term ‘facility’ includes at a minimum any of the following:
“(A) Operations centers.
“(B) Nuclear command and control facilities.
“(C) Integrated strategic and tactical warning and attack assessment facilities.
“(D) Continuity of government facilities.
“(E) Missile defense facilities.
“(F) Air defense facilities.
“(G) Hospitals.
“(H) Armories and readiness centers of the National Guard.
“(I) Communications facilities.
“(J) Satellite and missile launch and control facilities.”
Clerical Amendment.— The table of sections at the beginning of subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after the item relating to section 2815 the following new item:
“2816. Consideration of energy security and energy resilience in life-cycle cost for military construction.”.
SEC. 2805. Congressional Project Authorization Required for Military Construction Projects for Energy Resilience, Energy Security, and Energy Conservation.
Replacement of Notice and Wait Authority.— Section 2914 of title 10, United States Code, is amended to read as follows:
Ҥ 2914. Military construction projects for energy resilience, energy security, and energy conservation
“(a) Project Authorization Required.—The Secretary of Defense may carry out such military construction projects for energy resilience, energy security, and energy conservation as are authorized by law, using funds appropriated or otherwise made available for that purpose.
“(b) Submission of Project Proposals.—
(1) As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by subsection (a), the Secretary of Defense shall include the following information:
“(A) The project title.
“(B) The location of the project.
“(C) A brief description of the scope of work.
“(D) The original project cost estimate and the current working cost estimate, if different.
“(E) Such other information as the Secretary considers appropriate.
“(2) In the case of a military construction project for energy conservation, the Secretary also shall include the following information:
“(A) The original expected savings-to-investment ratio and simple payback estimates and measurement and verification cost estimate.
“(B) The most current expected savings-to-investment ratio and simple payback estimates and measurement and verification plan and costs.
“(C) A brief description of the measurement and verification plan and planned funding source.
“(3) In the case of a military construction project for energy resilience or energy security, the Secretary also shall include the rationale for how the project would enhance mission assurance, support mission critical functions, and address known vulnerabilities.
“(c) Application to Military Construction Projects.—This section shall apply to military construction projects covered by subsection (a) for which a Department of Defense Form 1391 is submitted to the appropriate committees of Congress in connection with the budget of the Department of Defense for fiscal year 2023 and thereafter.”
Clerical Amendment.— The table of sections at the beginning of subchapter I of chapter 173 of title 10, United States Code, is amended by striking the item relating to section 2914 and inserting the following new item:
“2914. Military construction projects for energy resilience, energy security, and energy conservation.”.
SEC. 2806. One-Year Extension of Temporary, Limited Authority to Use Operation and Maintenance Funds for Construction Projects in Certain Areas Outside the United States.
Extension of Authority.— Subsection (h) of 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 2807(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2264), is further amended—
in paragraph (1), by striking “ December 31, 2020” and inserting “ December 31, 2021”; and
paragraph (2), by striking “ fiscal year 2021” and inserting “ fiscal year 2022”.
Continuation of Limitation on Use of Authority.— Subsection (c) of 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 2807(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2264), is further amended—
by striking “ either” and inserting “ each”; and
by inserting after the first paragraph (2) the following new subparagraph:
“(C) The period beginning October 1, 2020, and ending on the earlier of December 31, 2021, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2022.”
Technical Corrections.— Subsection (c) of 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 2807(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2264) and subsection (b) of this section, is further amended—
by redesignating the second paragraph (1) as subparagraph (A); and
by redesignating the first paragraph (2) as subparagraph (B).
SEC. 2807. Responsibility of Navy for Military Construction Requirements for Certain Fleet Readiness Centers.
The Navy shall be responsible for programming, requesting, and executing any military construction requirements related to any Fleet Readiness Center that is a tenant command at a Marine Corps installation.
Subtitle B Military Family Housing Reforms
SEC. 2811. Modifications and Technical Corrections Related to Military Housing Privatization Reform.
Chief Housing Officer Oversight Responsibilities.—
in subsection (a)(1), by striking “ housing units” and inserting “ family housing and military unaccompanied housing under the jurisdiction of the Department of Defense or acquired or constructed under subchapter IV of this chapter (in this section referred to as ‘covered housing units’)”; and
in subsection (b)(1)—
in the matter preceding subparagraph (A), by striking “ housing under subchapter IV and this subchapter” and inserting “ covered housing units”; and
in subparagraphs (A) and (B), by inserting “ covered” before “ housing units” both places it appears.
Section heading.— The heading of section 2890a of title 10, United States Code, is amended by inserting before “ Chief Housing Officer” the following “ Supervision of military housing by”.
Transfer and redesignation of section.— Section 2890a of title 10, United States Code, as amended by paragraphs (1) and (2)—
is transferred to appear after section 2851 of such title; and
is redesignated as section 2851a.
Rights and Responsibilities of Tenants of Housing Units.— Section 2890 of title 10, United States Code, is amended—
in subsection (b)(15), by striking “ and held in escrow”;
in subsection (e)(2), in the matter preceding subparagraph (A), by inserting “ a” before “ landlord”; and
in subsection (f), by striking paragraph (2) and inserting the following new subsection:
“(2) Paragraph (1) shall not apply to a nondisclosure agreement executed—
“(A) as part of the settlement of litigation; or
“(B) to avoid litigation if the tenant has retained legal counsel or has sought military legal assistance under section 1044 of this title.”
Contracts for Provision of Housing Units.— Section 2891(e) of title 10, United States Code, is amended—
in paragraph (1)—
in the matter preceding subparagraph (A), by inserting “ unit” after “ different housing”; and
in subparagraph (B), by inserting “ the” before “ tenant”; and
in paragraph (2)(B), by inserting “ the” before “ tenant”;
by adding a period at the end of subsection (b)(2);
in subsection (d), by striking paragraph (11) and inserting the following new paragraph:
“(11) Upon request by a prospective tenant, a landlord providing a housing unit shall ensure that the needs of enrollees in the Exceptional Family Member Program, or any successor program, are considered in assigning the prospective tenant to a housing unit provided by the landlord.”
; and
in subsection (e)(2)(B) by striking “ the any” and inserting “ any”.
Tenant Access to Maintenance Information.— Section 2892a of title 10, United States Code, is amended by striking the text of such section and inserting the following:
“(a) Maintenance Information for Prospective Tenants.—The Secretary concerned shall require each eligible entity or subsequent landlord that offers for lease a housing unit to provide to a prospective tenant of the housing unit—
“(1) not later than five business days before the prospective tenant is asked to sign the lease, a summary of maintenance conducted with respect to that housing unit for the previous seven years; and
“(2) not later than two business days after the prospective tenant requests additional information regarding maintenance conducted with respect to that housing unit during such period, all information possessed by the eligible entity or subsequent landlord regarding such maintenance conducted during such period.
“(b) Maintenance Information for Existing Tenants.—A tenant of a housing unit who did not receive maintenance information described in subsection (a) regarding that housing unit while a prospective tenant may request such maintenance information and shall receive such maintenance information not later than five business days after the making the request.
“(c) Maintenance Defined.—In the section, the term ‘maintenance’ includes any renovations of the housing unit during the period specified in subsection (a)(1).”
Treatment of Certain Incentive Fees.— Section 2893 of title 10, United States Code, is amended by striking “ propensity for” and inserting “ pattern of”.
Landlord-tenant Dispute Resolution Process.— Section 2894 of title 10, United States Code, is amended—
in subsection (b), by adding at the end the following new paragraph:
“(6) The dispute resolution process shall require the installation or regional commander (as the case may be) to record each dispute in the complaint database established under section 2894a of this title.”
in subsection (c)—
in paragraph (1), in the matter preceding subparagraph (A), by striking “ 24 hours” and inserting “ two business days”;
in paragraph (3)—
by inserting “ business” before “ days”; and
by inserting “ , such office” before “ shall complete”;
in paragraph (4), in the matter preceding subparagraph (A), by inserting “ , at a minimum,” before “ the following persons”;
in paragraph (5), by inserting “ calendar” before “ days” both places it appears; and
by striking paragraph (6) and inserting the following new paragraph:
“(6) Except as provided in paragraph (5)(B), a final decision shall be transmitted to the tenant, landlord, and the installation or regional commander (as the case may be) not later than 30 calendar days after the request was submitted.”
; and
by striking subsections (d) and (e) and inserting the following new subsections:
“(d) Effect of Failure to Comply With Decision.—
(1) If the final decision rendered under subsection (c) for resolution of a landlord-tenant dispute includes instructions for the landlord responsible for the housing unit to further remediate the housing unit, the decision shall specify a reasonable period of time, but not less than 10 business days, for the landlord to complete the remediation.
“(2) If the landlord does not remediate the issues before the end of the time period specified in the final decision in a manner consistent with the instructions contained in the decision, any amounts payable to the landlord for the housing unit shall be reduced by 10 percent for each period of five calendar days during which the issues remain unremediated.
“(e) Request to Withhold Payments During Resolution Process.—
(1) As part of the submission of a request for resolution of a landlord-tenant dispute through the dispute resolution process regarding maintenance guidelines or procedures or habitability, the tenant may request that all or part of the payments described in paragraph (3) for lease of the housing unit be segregated and not used by the property owner, property manager, or landlord pending completion of the dispute resolution process.
“(2) The amount allowed to be withheld under paragraph (1) shall be limited to amounts associated with the period during which—
“(A) the landlord has not met maintenance guidelines and procedures established by the Department of Defense, either through contract or otherwise; or
“(B) the housing unit is uninhabitable according to State and local law for the jurisdiction in which the housing unit is located.
“(3) This subsection applies to the following:
“(A) Any basic allowance for housing payable to the tenant (including for any dependents of the tenant in the tenant’s household) under section 403 of title 37.
“(B) All or part of any pay of a tenant subject to allotment as described in section 2882(c) of this title.”
Annual Assessment of the Dispute Resolution Process.— Paragraph (10) of section 2884(c) of title 10, United States Code, is amended to read as follows:
“(10) An assessment of the dispute resolution process under section 2894(c) of this title, which shall include a list of dispute resolution cases by installation and the final outcome of each case.”
Payment Authority.— Section 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2871 note), as amended by section 3036 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1938), is further amended—
in paragraph (1)(A), by inserting “ monthly” before “ payments”;
in paragraph (2)(A), by striking “ payments to” and all that follows through “ subparagraph (C)” and inserting “ monthly payments, under such terms and in such amounts as determined by the Secretary, to one of more lessors responsible for underfunded MHPI housing projects identified pursuant to subparagraph (C) under the jurisdiction of the Secretary”; and
in paragraph (3)(B), by inserting “ that” before “ require”.
Suspension of Resident Energy Conservation Program.— Section 3063(b) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1947; 10 U.S.C. 2867 note) is amended—
by inserting “ covered by a program suspended under subsection (a)” after “ privatized military housing” the first place it appears; and
by striking “ on the installation military housing unit”.
Clerical Amendments.—
Chief housing officer.—
Addition.— The table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after the item relating to section 2851 the following new item:
“2851a. Supervision of military housing by Chief Housing Officer.”.
Repeal.— The table of sections at the beginning of subchapter V of chapter 169 of title 10, United States Code, is amended by striking the item relating to section 2890a.
Disclosure of personally identifiable information.— The table of sections at the beginning of subchapter V of chapter 169 of title 10, United States Code, is amended by striking the item relating to section 2892b and inserting the following new item:
“2892b. Prohibition on requirement to disclose personally identifiable information in requests for certain maintenance.”.
SEC. 2812. Repeal of Authority to Lease Substandard Family Housing Units to Members of the Uniformed Services.
Repeal.— Section 2830 of title 10, United States Code, is repealed.
Clerical Amendment.— The table of sections at the beginning of subchapter II of chapter 169 of title 10, United States Code, is amended by striking the item relating to section 2830.
SEC. 2813. Expenditure Priorities in Using Department of Defense Family Housing Improvement Fund.
by inserting “ (A)” after “ (1)”; and
by adding at the end the following new subparagraph:
“(B) The Secretary of Defense shall require that eligible entities receiving amounts from the Department of Defense Family Housing Improvement Fund prioritize the use of such amounts for expenditures related to asset recapitalization, operating expenses, and debt payments before other program management-incentive fee expenditures. In the case of asset recapitalization, the primary purpose of the expenditures must be to sustain existing housing units owned or managed by the eligible entity or for which the eligible entity is otherwise responsible.”
Effective Date.— The requirements set forth in subparagraph (B) of section 2883(d)(1) of title 10, United States Code, as added by subsection (a), shall apply to appropriate legal documents entered into or renewed on or after the date of the enactment of this Act between the Secretary of a military department and a landlord regarding privatized military housing. In this subsection, the terms “landlord” and “privatized military housing” have the meanings given those terms in section 3001(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1916; 10 U.S.C. 2821 note).
SEC. 2814. Availability of Information Regarding Assessment of Performance Metrics for Contracts for Provision or Management of Privatized Military Housing.
Availability of Performance Metrics Assessments; Method of Providing.— Section 2891c(b) of title 10, United States Code, is amended—
in the subsection heading, by inserting “ Performance Metrics and” before “ Use of Incentive Fees”; and
in paragraph (1), by striking “ shall publish, on a publicly accessible website, information” and inserting the following:
“(A) An assessment of the indicators underlying the performance metrics for each contract for the provision or management of housing units to ensure such indicators adequately measure the condition and quality of each housing unit covered by the contract.
“(B) Information”
Description of Indicators Underlying Performance Metrics.— Section 2891c(b) of title 10, United States Code, is further amended—
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following new paragraph (2):
“(2)
(A) For purposes of paragraph (1)(A), the indicators underlying the performance metrics for a contract for the provision or management of housing units shall measure at a minimum the following:
“(i) Tenant satisfaction.
“(ii) Maintenance management.
“(iii) Safety.
“(iv) Financial management.
“(B) An assessment required to be made available under paragraph (1)(A) shall include a detailed description of each indicator underlying the performance metrics, including the following information:
“(i) The limitations of available survey data.
“(ii) How tenant satisfaction and maintenance management is calculated.
“(iii) Whether any relevant data is missing.”
Conforming Amendments.— Paragraph (3) of section 2891c(b) of title 10, United States Code, as redesignated by subsection (b)(1), is amended—
by striking “ paragraph (1)” and inserting “ paragraph (1)(B)”; and
by striking “ each contract” and inserting “ each contract for the provision or management of housing units”.
Clerical Amendments.—
Section heading.— The heading of section 2891c of title 10, United States Code, is amended to read as follows:
“§ 2891c. Transparency regarding finances and performance metrics”
Table of sections.— The table of sections at the beginning of subchapter V of chapter 169 of title 10, United States Code, is amended by striking the item relating to section 2891c and inserting the following new item:
“2891c. Transparency regarding finances and performance metrics.”.
SEC. 2815. Requirement That Secretary of Defense Implement Recommendations Relating to Military Family Housing Contained in Report by Inspector General of Department of Defense.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall implement the recommendations of the Inspector General of the Department of Defense contained in the report of the Inspector General dated April 30, 2020, and entitled “Evaluation of the DoD’s Management of Health and Safety Hazards in Government-Owned and Government-Controlled Military Family Housing”.
SEC. 2816. Promulgation of Guidance to Facilitate Return of Military Families Displaced from Privatized Military Housing.
Guidance Required.— The Secretary of Defense shall promulgate guidance for commanders of military installations and installation housing management offices to assist such commanders and offices in facilitating and managing the relocation and return of tenants of privatized military housing when tenants are displaced from such housing—
as a result of an environmental hazard or other damage adversely affecting the habitability of the privatized military housing; or
during remediation or repair activities in response to the hazard or damages.
Financial Impact of Displacement.— As part of the promulgation of the guidance, the Secretary of Defense shall consider—
the extent to which displaced tenants of privatized military housing under the circumstances described in subsection (a) incur relocation, per diem, or similar expenses as a direct result of such displacement that are not covered by a landlord, insurance, or claims process; and
the feasibility of providing reimbursement for uncovered expenses.
Consultation.— The Secretary of Defense shall promulgate the guidance in consultation with the Secretaries of the military departments, the Chief Housing Officer, landlords, and other interested persons.
Implementation.— The Secretaries of the military departments shall be responsible for implementation of the guidance at military installations under the jurisdiction of the Secretary concerned, while recognizing that the guidance cannot anticipate every situation in which tenants of privatized military housing must be displaced from such housing under the circumstances described in subsection (a).
Definitions.— In this section, the terms “landlord”, “privatized military housing”, and “tenant” have the meanings given those terms in section 3001(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1916; 10 U.S.C. 2821 note).
SEC. 2817. Promulgation of Guidance on Relocation of Residents of Military Housing Impacted by Presence of Mold.
As part of the process developed by the Secretary of Defense pursuant to section 3053 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1943; 10 U.S.C. 2821 note) to identify, record, and resolve environmental health hazards in military housing, the Secretary shall promulgate guidance regarding situations in which the presence of mold in a unit of housing under the jurisdiction of the Department of Defense (including privatized military housing) is an emergency situation requiring the relocation of the residents of the unit.
SEC. 2818. Expansion of Uniform Code of Basic Standards for Privatized Military Housing and Hazard and Habitability Inspection and Assessment Requirements to Government-Owned and Government-Controlled Military Family Housing.
Uniform Code of Basic Standards for Military Housing.— The Secretary of Defense shall expand the uniform code of basic housing standards for safety, comfort, and habitability for privatized military housing established pursuant to section 3051(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1941; 10 U.S.C. 2871 note) to include Government-owned and Government-controlled military family housing located inside or outside the United States and occupied by members of the Armed Forces.
Inspection and Assessment Plan.— The Secretary of Defense shall expand the Department of Defense housing inspection and assessment plan prepared pursuant to section 3051(b) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1941; 10 U.S.C. 2871 note) to include Government-owned and Government-controlled military family housing located inside or outside the United States and occupied by members of the Armed Forces and commence inspections and assessments of such military family housing pursuant to the plan.
Subtitle C Real Property and Facilities Administration
SEC. 2821. Acceptance of Property by Military Service Academies, Professional Military Education Schools, and Military Museums Subject to Naming-Rights Condition.
Authority to Accept Personal Property Subject to Condition.— Section 2601(e) of title 10, United States Code, is amended—
in the subsection heading, by striking “ Real”;
in paragraph (1), by inserting “ or personal” after “ real” both places it appears; and
in paragraph (3)(B), by inserting “ or personal” after “ real”.
in paragraph (1), by striking “ the United States Military Academy, the Naval Academy, the Air Force Academy, or the Coast Guard Academy” and inserting “ an eligible entity”; and
by adding at the end the following new paragraph:
“(5) In this subsection, the term ‘eligible entity’ means each of the following:
“(A) The United States Military Academy, the Naval Academy, the Air Force Academy, and the Coast Guard Academy.
“(B) The professional military education schools listed in section 2162(d) of this title and the Defense Acquisition University.
“(C) A military museum.”
SEC. 2822. Codification of Reporting Requirements Regarding United States Overseas Military Enduring Locations and Contingency Locations.
Inclusion of Information in Existing Annual Report.— Section 2687a(a) of title 10, United States Code, is amended—
in the subsection heading, by striking “ Master Plans” and inserting “ Overseas Military Locations”;
in paragraph (1), by striking subparagraph (B) and inserting the following new subparagraph:
“(B) the status of overseas military locations, whether such a location is designated as an enduring location or contingency location.”
; and
by striking paragraph (2) and inserting the following new paragraphs:
“(2) To satisfy the reporting requirement specified in paragraph (1)(B), a report under paragraph (1) shall contain the following:
“(A) A list of overseas military locations. For any overseas military location established during the previous fiscal year, the reasons for the establishment of the overseas military location.
“(B) A description of the strategic goal and operational requirements supported by each overseas military location.
“(C) A list of each construction or facility improvement project carried out by the Department of Defense regardless of the funding source, and each construction or facility improvement project accepted as a payment-in-kind, at overseas military locations during the previous fiscal year if the construction or facility improvement project was not specifically authorized in a Military Construction Authorization Act or congressional notice of the construction or facility improvement project was not provided by another means. Each construction or facility improvement project on the list shall be delineated by project location, project title or description, project cost, including costs covered by the host country, and authority used to undertake the project.
“(D) For each overseas military location first designated as an enduring location in one of the previous two required reports, a list of required construction and facility improvement projects anticipated to be carried out by the Department of Defense directly or through the acceptance of payments-in-kind during the fiscal year in which the report is submitted and the next four fiscal years. Each construction or facility improvement project on the list shall be delineated by project location, project title or description, estimated project cost, including costs anticipated to be covered by the host country, and authority to be used to undertake the project.
“(E) An overview of any annual lease or access costs to the United States for each overseas military location designated as an enduring location.
“(F) A description of any plans to transition an existing contingency overseas military location to an enduring overseas military location, or to upgrade or downgrade the designation of an existing enduring or contingency overseas military location, during the fiscal year in which the report is submitted.
“(G) A list of any overseas military locations that, during the previous fiscal year, were transferred to the control of security forces of the host country or another military force, closed, or for any other reason no longer used by the armed forces, including a summary of any costs associated with the transfer or closure of the overseas military location.
“(H) A summary of any force protection risks identified for cooperative security locations and contingency locations, the actions proposed to mitigate such risks, and the resourcing and implementation plan to implement the mitigation actions.
“(I) Such other such matters related to overseas military locations as the Secretary of Defense considers appropriate.
“(3) In this subsection:
“(A)
(i) The term ‘overseas military location’ covers both enduring locations and contingency locations established outside the United States.
“(ii) An enduring location is primarily characterized either by the presence of permanently assigned United States forces with robust infrastructure and quality of life amenities to support that presence, by the sustained presence of allocated United States forces with infrastructure and quality of life amenities consistent with that presence, or by the periodic presence of allocated United States forces with little or no permanent United States military presence or controlled infrastructure. Enduring locations include main operating bases, forward operating sites, and cooperative security locations.
“(iii) A contingency location refers to a location outside of the United States that is not covered by subparagraph (B), but that is used by United States forces to support and sustain operations during named and unnamed contingency operations or other operations as directed by appropriate authority and is categorized by mission life-cycle requirements as initial, temporary, or semi-permanent.
“(B)
(i) The term ‘construction or facility improvement project’ includes any construction, development, conversion, or extension of a building, structure, or other improvement to real property carried out at an overseas military location, whether to satisfy temporary or permanent requirements, and any acquisition of land for an overseas military location.
“(ii) The term does not include repairs to a building, structure, or other improvement to real property, unless the building, structure, or other improvement cannot effectively be used for its designated functional purpose in the absence of the repairs.
“(4) The Secretary of Defense shall prepare the report under paragraph (1) in coordination with the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition and Sustainment.
“(5) A report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary.”
Conforming and Clerical Amendments.—
Conforming amendments.— Section 2687a(e)(2) of title 10, United States Code, is amended by striking “ host nation” both places it appears and inserting “ host country”.
Section heading.— The heading of section 2687a of title 10, United States Code, is amended to read as follows:
“§ 2687a. Overseas base closures and realignments and status of United States overseas military locations”
Table of sections.— The table of sections at the beginning of chapter 159 of title 10, United States Code, is amended by striking the item relating to section 2687a and inserting the following new item:
“2687a. Overseas base closures and realignments and status of United States overseas military locations.”.
Temporary Continuation of Superceded Reporting Requirement.— Until the Secretary of Defense submits the first report required by section 2687a(a) of title 10, United States Code, that includes the information required by paragraph (2) of such section, as added by subsection (a), the Secretary of Defense shall continue to prepare and submit the report required by section 2816 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1176), notwithstanding the expiration of such reporting requirement.
SEC. 2823. Promotion of Energy Resilience and Energy Security in Privatized Utility Systems.
Utility Privatization Contract Renewals.— Section 2688(d)(2) of title 10, United States Code, is amended—
in the first sentence, by inserting “ or the renewal of such a contract” after “ paragraph (1)”;
in the second sentence, by striking “ the contract.” and inserting “ the contract or contract renewal.”; and
by adding at the end the following new sentence: “ A renewal of a contract pursuant to this paragraph may be entered into only within the last five years of the existing contract term.”.
Availability of ERCIP Funds for Privatized Utility System Activities.— Section 2914 of title 10, United States Code, as amended by section 2805, is further amended—
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following new subsection (c):
“(c) Relation to Certain Other Authorities.—A project under this section may include—
“(1) activities related to a utility system authorized under subsections (h), (j), and (k) of section 2688 or section 2913 of this title, notwithstanding that the United States does not own the utility system covered by the project; and
“(2) energy-related activities included as a separate requirement in an energy savings performance contract (as defined in section 804(3) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(3))).”
SEC. 2824. Vesting Exercise of Discretion with Secretaries of the Military Departments Regarding Entering into Longer-Term Contracts for Utility Services.
Section 2688(d)(2) of title 10, United States Code, as amended by section 2823, is further amended in the first sentence—
by striking “ The Secretary of Defense, or the designee of the Secretary,” and inserting “ The Secretary concerned”; and
by striking “ if the Secretary” and inserting “ if the Secretary concerned”.
SEC. 2825. Use of On-Site Energy Production to Promote Military Installation Energy Resilience and Energy Security.
Promotion of On-Site Energy Security and Energy Resilience.— Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(h) Promotion of On-Site Energy Security and Energy Resilience.—
(1) Consistent with the energy security and resilience goals of the Department of Defense and the energy performance master plan referred to in this section, the Secretary concerned shall consider, when feasible, projects for the production of installation energy that benefits military readiness and promotes installation energy security and energy resilience in the following manner:
“(A) Location of the energy-production infrastructure on the military installation that will consume the energy.
“(B) Incorporation of energy resilience features, such as microgrids, to ensure that energy remains available to the installation even when the installation is not connected to energy sources located off the installation.
“(C) Reduction in periodic refueling needs from sources off the installation to not more than once every two years.
“(3) In this subsection, the term ‘microgrid’ means an integrated energy system consisting of interconnected loads and energy resources that, if necessary, can be removed from the local utility grid and function as an integrated, stand-alone system.”
Evaluation of Feasibility of Expanding Use of On-Site Energy Production.—
Projects authorized.— Subsection (h) of section 2911 of title 10, United States Code, as added by subsection (a), is amended by inserting after paragraph (1) the following new paragraph:
“(2)
(A) Using amounts made available for military construction projects under section 2914 of this title, the Secretary of Defense shall carry out at least four projects to promote installation energy security and energy resilience in the manner described in paragraph (1).
“(B) At least one project shall be designed to develop technology that demonstrates the ability to connect an existing on-site energy generation facility that uses solar power with one or more installation facilities performing critical missions in a manner that allows the generation facility to continue to provide electrical power to these facilities even if the installation is disconnected from the commercial power supply.
“(C) At least one project shall be designed to develop technology that demonstrates that one or more installation facilities performing critical missions can be isolated, for purposes of electrical power supply, from the remainder of the installation and from the commercial power supply in a manner that allows an on-site energy generation facility that uses a renewable energy source, other than solar energy, to provide the necessary power exclusively to these facilities.
“(D) At least two projects shall be designed to develop technology that demonstrates the ability to store sufficient electrical energy from an on-site energy generation facility that uses a renewable energy source to provide the electrical energy required to continue operation of installation facilities performing critical missions during nighttime operations.
“(E) The authority of the Secretary of Defense to commence a project under this paragraph expires on September 30, 2025.”
Briefing.— Not later than March 1, 2021, the Secretary of Defense shall brief the congressional defense committees regarding the plan to carry out the on-site energy production projects authorized by paragraph (2) of section 2911(h) of title 10, United States Code, as added by paragraph (1).
SEC. 2826. Improved Electrical Metering of Department of Defense Infrastructure Supporting Critical Missions.
Options To Improve Electrical Metering.— The Secretary of Defense and the Secretaries of the military departments shall improve the metering of electrical energy usage of covered defense structures to accurately determine energy consumption by such a structure to increase energy efficiency and improve energy resilience, using any combination of the options specified in subsection (b) or such other methods as the Secretary concerned considers practicable.
Metering Options.— Electrical energy usage options to be considered for a covered defense structure include the following:
Installation of a smart meter at the electric power supply cable entry point of the covered defense structure, with remote data storage and retrieval capability using cellular communication, to provide historical energy usage data on an hourly basis to accurately determine the optimum cost effective energy efficiency and energy resilience measures for the covered defense structure.
Use of an energy usage audit firm to individually meter the covered defense structure using clamp-on meters and data storage to provide year–long electric energy load profile data, particularly in the case of a covered defense structure located in climates with highly variable use based on weather or temperature changes, to accurately identify electric energy usage demand for both peak and off peak periods for a covered defense structure.
Manual collection and calculation of the connected load via nameplate data survey of all the connected electrical devices for the covered defense structure and comparison of such data to the designed maximum rating of the incoming electric supply to determine the maximum electrical load for the covered defense structure.
Cybersecurity.— The Secretary of Defense and the Secretaries of the military departments shall consult with the Chief Information Officer of the Department of Defense to ensure that the electrical energy metering options considered under subsection (b) do not compromise the cybersecurity of Department of Defense networks.
Consideration of Partnerships.— The Secretary of Defense and the Secretaries of the military departments shall consider the use of arrangements (known as public-private partnerships) with appropriate entities outside the Government to reduce the cost of carrying out this section.
Definitions.— In this section:
The term “covered defense structure” means any infrastructure under the jurisdiction of the Department of Defense inside the United States that the Secretary of Defense or the Secretary of the military department concerned determines—
is used to support a critical mission of the Department; and
is located at a military installation with base-wide resilient power.
The term “energy resilience” has the meaning given that term in section 101(e)(6) of title 10, United States Code.
Implementation Report.— As part of the Department of Defense energy management report to be submitted under section 2925 of title 10, United States Code, during fiscal year 2022, the Secretary of Defense shall include information on the progress being made to comply with the requirements of this section.
SEC. 2827. Improving Water Management and Security on Military Installations.
Risk-Based Approach to Installation Water Management and Security.—
General requirement.— The Secretary concerned shall adopt a risk-based approach to water management and security for each military installation under the jurisdiction of the Secretary.
Implementation priorities.— The Secretary concerned shall begin implementation of paragraph (1) by prioritizing those military installations under the jurisdiction of the Secretary that the Secretary determines—
are experiencing the greatest risks to sustainable water management and security; and
face the most severe existing or potential adverse impacts to mission assurance as a result of such risks.
Determination method.— Determinations under paragraph (2) shall be made on the basis of the water management and security assessments made by the Secretary concerned under subsection (b).
Water Management and Security Assessments.—
Assessment methodology.— The Secretaries concerned, acting jointly, shall develop a methodology to assess risks to sustainable water management and security and mission assurance.
Elements.— Required elements of the assessment methodology shall include the following:
An evaluation of the water sources and supply connections for a military installation, including water flow rate and extent of competition for the water sources.
An evaluation of the age, condition, and jurisdictional control of water infrastructure serving the military installation.
An evaluation of the military installation’s water-security risks related to drought-prone climates, impacts of defense water usage on regional water demands, water quality, and legal issues, such as water rights disputes.
An evaluation of the resiliency of the military installation’s water supply and the overall health of the aquifer basin of which the water supply is a part, including the robustness of the resource, redundancy, and ability to recover from disruption.
An evaluation of existing water metering and consumption at the military installation, considered at a minimum—
by type of installation activity, such as training, maintenance, medical, housing, and grounds maintenance and landscaping; and
by fluctuations in consumption, including peak consumption by quarter.
Evaluation of Installations for Potential Net Zero Water Usage.—
Evaluation required.— The Secretary concerned shall conduct an evaluation of each military installation under the jurisdiction of the Secretary to determine the potential for the military installation, or at a minimum certain installation activities, to achieve net zero water usage.
Elements.— Required elements of each evaluation shall include the following:
An evaluation of alternative water sources to offset use of freshwater, including water recycling and harvested rainwater for use as non-potable water.
An evaluation of the feasibility of implementing Department of Energy guidelines for net zero water usage, when practicable, to minimize water consumption and wastewater discharge in buildings scheduled for renovation.
An evaluation of the practicality of implementing net zero water usage technology into new construction in water-constrained areas, as determined by water management and security assessments conducted under subsection (b).
Improved Landscaping Management Practices.—
Landscaping management.— The Secretary concerned shall implement, to the maximum extent practicable, at each military installation under the jurisdiction of the Secretary landscaping management practices to increase water resilience and ensure greater quantities of water availability for operational, training, and maintenance requirements.
Arid or semi-arid climates.— For military installations located in arid or semi-arid climates, landscaping management practices shall include the use of xeriscaping.
Non-arid climates.— For military installations located in non-arid climates, landscaping management practices shall include the use of plants common to the region in which the installation is located and native grasses and plants.
Pollinator conservation reference guide.— The Secretary concerned shall follow the recommendations of the Department of Defense Pollinator Conservation Reference Guide (September 2018) to the maximum extent practicable in order to reduce operation and maintenance costs related to landscaping management, while improving area management. Consistent with such guide, in the preparation of a military installation landscaping plan, the Secretary concerned should consider the following:
Adding native flowering plants to sunny open areas and removing overhanging tree limbs above open patches within forested areas or dense shrub.
Removing or controlling invasive plants to improve pollinator habitat.
Preserving known and potential pollinator nesting and overwintering sites.
Eliminating or minimizing pesticide use in pollinator habitat areas.
Mowing in late fall or winter after plants have bloomed and set seed, adjusting timing to avoid vulnerable life stages of special status pollinators.
Mowing mid-day when adult pollinators can avoid mowing equipment.
Implementation Report.—
Report required.— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the other Secretaries concerned, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress made in implementing this section.
Report elements.— The report shall include the following:
The methodology developed under subsection (b) to conduct water management and security assessments.
A list of the military installations that have been assessed using such methodology and a description of the findings.
A list of planned assessments for the one-year period beginning on the date of the submission of the report.
An evaluation of the progress made on implementation of xeriscaping and other regionally appropriate landscaping practices at military installations.
Definitions.— In this section:
The term “net zero water usage”, with respect to a military installation or installation activity, means a situation in which the combination of limitations on the consumption of water resources and the return of water to an original water source by the installation or activity is sufficient to prevent any reduction in the water resources of the area in both quantity and quality over a reasonable period of time.
The terms “Secretary concerned” and “Secretary” mean the Secretary of a military department and the Secretary of Defense with respect to the Pentagon Reservation.
The term “xeriscaping” means landscape design that emphasizes low water use and drought-tolerant plants that require little or no supplemental irrigation.
SEC. 2828. Prohibition Relating to Closure or Return to Host Nation of Existing Military Installations, Infrastructure, or Real Property in Europe.
Prohibition on Closure or Return.— Except as provided by subsection (b), the Secretary of Defense shall not implement any activity that closes or returns to the host nation any military installation, infrastructure, or real property in Europe that, as of the date of enactment of this Act, is under the operational control of the Department of Defense or a military department and is utilized by the United States Armed Forces.
Waiver and Exception.— The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary certifies to the congressional defense committees that there is no longer a foreseeable need for the military installation, infrastructure, or real property, or a portion of the military installation in the case of a partial closure and return of a military installation, to support a permanent or rotational United States military presence in the European theater.
Subtitle D Land Conveyances
SEC. 2831. Land Conveyance, Camp Navajo, Arizona.
Conveyance Authorized.— The Secretary of the Army may convey, without consideration, to the State of Arizona Department of Emergency and Military Affairs (in this section referred to as the “State”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of not more than 3,000 acres at Camp Navajo, Arizona, for the purpose of permitting the State to use the property—
for training the Arizona Army National Guard and Air National Guard; and
for defense industrial base economic development purposes that are compatible with the environmental security and primary National Guard training purpose of Camp Navajo.
Condition of Conveyance.—
Use of revenues.— The authority of the Secretary of the Army to make the conveyance described in subsection (a) is subject to the condition that the State agree that all revenues generated from the use of the property conveyed under such subsection will be used to support the training requirements of the Arizona Army National Guard and Air National Guard, including necessary infrastructure maintenance and capital improvements.
Audit.— The United States Property and Fiscal Office for Arizona shall—
conduct periodic audits of all revenues generated by uses of the conveyed property and the use of such revenues; and
provide the audit results to the Chief of the National Guard Bureau.
Reversionary Interest.—
Interest retained.— If the Secretary of the Army determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purposes of the conveyance specified in such subsection, or that the State has not complied with the condition imposed by subsection (b), all right, title, and interest in and to the conveyed property, including any improvements thereon, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto the property.
Determination.— A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
Alternative Consideration Option.—
Consideration option.— In lieu of exercising the reversionary interest retained under subsection (c), the Secretary of the Army may accept an offer by the State to pay to the United States an amount equal to the fair market value of the property conveyed under subsection (a), excluding the value of any improvements on the conveyed property constructed without Federal funds after the date of the conveyance is completed, as determined by the Secretary.
Treatment of consideration received.— Consideration received by the Secretary under paragraph (1) shall be deposited in the special account in the Treasury established for the Secretary under subsection (e) of section 2667 of title 10, United States Code, and shall be available to the Secretary for the same uses and subject to the same limitations as provided in that section.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Army shall require the State to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance. If amounts are collected from the State in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the State.
Treatment of amounts received.— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. 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 Army.
Savings Provision.— Nothing in this section shall be construed to alleviate, alter, or affect the responsibility of the United States for cleanup and remediation of the property to be conveyed under subsection (a) in accordance with the Defense Environmental Restoration Program under section 2701 of title 10, United States Code, and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
Additional Terms and Conditions.— The Secretary of the Army 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. These additional terms may include a requirement for the State to consult with the Secretary of the Navy regarding use of the conveyed property.
SEC. 2832. Modification of Land Exchange Involving Naval Industrial Reserve Ordnance Plant, Sunnyvale, California.
Elements of Exchange.— Section 2841(a) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1860) is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs:
“(1) real property, including improvements thereon, located in Titusville, Florida, that will replace the NIROP and meet the readiness requirements of the Department of the Navy, as determined by the Secretary; and
“(2) reimbursement for the costs of relocation of contractor and Government personnel and equipment from the NIROP to the replacement facilities, to the extent specified in the land exchange agreement contemplated in subsection (b).”
Elements of Land Exchange Agreement.— Section 2841(b)(1) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1860) is amended by inserting after “ identifies” the following: “ the costs of relocation to be reimbursed by the Exchange Entity,”.
Valuation of Properties and Compensation.— Section 2841 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1860) is amended—
by striking subsection (c);
by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and
by inserting after subsection (b) the following new subsections:
“(c) Valuation.—The Secretary shall determine the fair market value of the properties, including improvements thereon, to be exchanged by the Secretary and the Exchange Entity under subsection (a).
“(d) Compensation.—
“(1) Compensation required.—The Exchange Entity shall provide compensation under the land exchange agreement described in subsection (b) that is equal to or exceeds the fair market value of the NIROP, as determined under subsection (c).
“(2) In-kind consideration.—As part of the compensation under the land exchange agreement, the Secretary and the Exchange Entity may agree for the Exchange Entity to provide the following forms of in-kind consideration at any property or facility under the control of the Secretary:
“(A) Alteration, repair, improvement, or restoration (including environmental restoration) of property.
“(B) Use of facilities by the Secretary.
“(C) Provision of real property maintenance services.
“(D) Provision of or payment of utility services.
“(E) Provision of such other services relating to activities that will occur on the property as the Secretary considers appropriate.
“(3) Deposit.—The Secretary shall deposit any cash payments received under the land exchange agreement, other than cash payments accepted under section 2695 of title 10, United States Code, in the account in the Treasury established pursuant to section 572(b) of title 40, United States Code.
“(4) Use of proceeds.—Proceeds deposited pursuant to paragraph (3) in the account referred to in such paragraph shall be available to the Secretary in such amounts as provided in appropriations Acts for the following activities:
“(A) Maintenance, protection, alternation, repair, improvement, or restoration (including environmental restoration) of property or facilities.
“(B) Payment of utilities services.
“(C) Real property maintenance services.”
Treatment of Certain Amounts Received.— Subsection (f) of section 2841 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1861), as redesignated by subsection (c)(2) of this section, is amended by striking “ (a), (c)(2), and (d)” and inserting “ (a) and (e)”.
Sunset.— Subsection (j) of section 2841 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1861), as redesignated by subsection (c)(2) of this section, is amended by striking “ October 1, 2023” and inserting “ October 1, 2026, if the Secretary and the Exchange Entity have not entered into a land exchange agreement described in subsection (b) before that date”.
SEC. 2833. Land Conveyance, Sharpe Army Depot, Lathrop, California.
Conveyance Authorized.— If the Secretary of the Army determines that no department or agency of the Federal Government will accept the transfer of a parcel of real property consisting of approximately 525 acres at Sharpe Army Depot in Lathrop, California, the Secretary may convey to the Port of Stockton, California, all right, title, and interest of the United States in and to the property, including any improvements thereon, for the purpose of permitting the Port of Stockton to use the property for the development or operation of a port facility.
Modification of Parcel Authorized for Conveyance.— If a department or agency of the Federal Government will accept the transfer of a portion of the parcel of real property described in subsection (a), the Secretary of the Army shall modify the conveyance authorized by such subsection to exclude the portion of the parcel to be accepted by that department or agency.
Conveyance Alternatives.—
Public benefit conveyance.— The Secretary of the Army may assign the real property described in subsection (a) to the Secretary of Transportation for conveyance under such subsection as a public benefit conveyance without monetary consideration to the Federal Government if the Port of Stockton satisfies the conveyance requirements specified in section 554 of title 40, United States Code.
Fair market value conveyance.—
Amount and determination.— If the Port of Stockton fails to qualify for a public benefit conveyance under paragraph (1) and still desires to acquire the real property described in subsection (a), the Port of Stockton shall pay to the United States an amount that is not less than the fair market value of the property to be conveyed. The Secretary of the Army shall determine the fair market value of the property using an independent appraisal based on the highest and best use of the property.
Deposit and availability.— The Secretary shall deposit cash payment received under subparagraph (A) in the special account in the Treasury established for that Secretary under section 2667(e) of title 10, United States Code. The entire amount deposited shall be available for use in accordance with paragraph (1)(C) of such section. Paragraph (1)(D) of such section shall not apply to the entire amount deposited.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Army shall require the Port of Stockton to pay costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance authorized by subsection (a), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance.
Treatment of amounts received.— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to pay the costs incurred by the Secretary in carrying out the conveyance under subsection (a) or, if the period of availability of obligations for that appropriation has expired, to the appropriations of fund that is currently available to the Secretary for the same purpose. 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 real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Army.
Additional Terms and Conditions.— The Secretary of the Army 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.
Sunset.— If the real property authorized for conveyance by subsection (a) is not conveyed within one year after the date of the enactment of this Act, the Secretary of the Army may report the property excess for disposal in accordance with applicable law.
SEC. 2834. Land Exchange, San Bernardino County, California.
Definitions.— In this section:
County.— The term “County” means the County of San Bernardino, California.
Federal land.— The term “Federal land” means the approximately 73 acres of Federal land generally depicted as “Federal Land Proposed for Exchange” on the map titled “Big Bear Land Exchange” and dated September 4, 2020.
Non-federal land.— The term “non-Federal land” means the approximately 71 acres of land owned by the County generally depicted as “Non-Federal Land Proposed for Exchange” on the map referred to in paragraph (2).
Exchange Authorized.— Subject to valid existing rights and the terms of this section, no later than one year after the date that the portion of the Pacific Crest National Scenic Trail is relocated in accordance with subsection (i), if the County offers to convey the non-Federal land to the United States, the Secretary of Agriculture shall—
convey to the County all right, title, and interest of the United States in and to the Federal land; and
accept from the County a conveyance of all right, title, and interest of the County in and to the non-Federal land.
Equal Value and Cash Equalization.—
Equal value exchange.— The land exchange under this section shall be for equal value, or the values shall be equalized by a cash payment as provided for under this subsection or an adjustment in acreage. At the option of the County, any excess value of the non-Federal lands may be considered a gift to the United States.
Cash equalization payment.— The County may equalize the values of the lands to be exchanged under this section by cash payment without regard to any statutory limit on the amount of such a cash equalization payment.
Deposit and use of funds received from county.— Any cash equalization payment received by the Secretary of Agriculture under this subsection shall be deposited in the fund established under Public Law 90–171 (16 U.S.C. 484a; commonly known as the Sisk Act). The funds so deposited shall remain available to the Secretary of Agriculture, until expended, for the acquisition of lands, waters, and interests in land for the San Bernardino National Forest.
Appraisal.— The Secretary of Agriculture shall complete an appraisal of the land to be exchanged under this section in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Title Approval.— Title to the land to be exchanged under this section shall be in a format acceptable to the Secretary of Agriculture and the County.
Survey of Non-Federal Lands.— Before completing the exchange under this section, the Secretary of Agriculture shall inspect the non-Federal lands to ensure that the land meets Federal standards, including hazardous materials and land line surveys.
Costs of Conveyance.— As a condition of the conveyance of the Federal land under this section, any costs related to the exchange under this section shall be paid by the County.
Management of Acquired Lands.— The Secretary of Agriculture shall manage the non-Federal land acquired under this section in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq.; commonly known as the Weeks Act), and other laws and regulations pertaining to National Forest System lands.
Pacific Crest National Scenic Trail Relocation.— No later than three years after the date of the enactment of this Act, the Secretary of Agriculture, in accordance with applicable laws, shall relocate the portion of the Pacific Crest National Scenic Trail located on the Federal land—
to adjacent National Forest System land;
to land owned by the County, subject to County approval;
to land within the Federal land, subject to County approval; or
in a manner that combines two or more of the options described in paragraphs (1), (2), and (3).
Map and Legal Descriptions.— As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall finalize a map and legal descriptions of all land to be conveyed under this section. The Secretary may correct any minor errors in the map or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Forest Service.
SEC. 2835. Land Conveyance, Over-The-Horizon Backscatter Radar System Receiving Station, Modoc County, California.
Conveyance Required.—
In general.— As soon as practicable after receiving a request from Modoc County, California (in this section referred to as the “County”) regarding the conveyance required by this section, but subject to paragraph (2), the Secretary of Agriculture shall convey to the County all right, title, and interest of the United States in and to a parcel of National Forest System land, including improvements thereon, consisting of approximately 927 acres in Modoc National Forest in the State of California and containing an obsolete Over-the-Horizon Backscatter Radar System receiving station established on the parcel pursuant to a memorandum of agreement between the Department of the Air Force and Forest Service dated May 18 and 23, 1987.
Applicable law and national security determination.— The Secretary of Agriculture shall carry out the conveyance under subsection (a) in accordance with this section and all other applicable law, including the condition that the conveyance not take place until the Secretary, in consultation with the Secretary of the Air Force, determines that the conveyance will not harm the national security interests of the United States.
Purpose of Conveyance.— The purpose of the conveyance under subsection (a) is to preserve and utilize the improvements constructed on the parcel of National Forest System land described in such subsection and to permit the County to use the conveyed property, including improvements thereon, for the development of renewable energy, including solar and biomass cogeneration.
Consideration.—
In general.— As consideration for the conveyance under subsection (a), the County shall pay to the Secretary of Agriculture an amount that is not less than the fair market value of the parcel of land to be conveyed, as determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition and the Uniform Standards of Professional Appraisal Practice.
Treatment of cash consideration.— The Secretary shall deposit the payment received under paragraph (1) in the account in the Treasury established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a). The amount deposited shall be available to the Secretary, in such amounts as may be provided in advance in appropriation Acts, to pay any necessary and incidental costs incurred by the Secretary in connection with the improvement, maintenance, reconstruction, or construction of a facility or improvement for the National Forest System located in the State of California.
Reservation of Easement Related to Continued Use of Water Wells.— The conveyance required by subsection (a) shall be conditioned on the reservation of an easement by the Secretary of Agriculture, subject to such terms and conditions as the Secretary deems appropriate, necessary to provide access for use authorized by the Secretary of the four water wells in existence on the date of the enactment of this Act and associated water conveyance infrastructure on the parcel of National Forest System lands to be conveyed.
Withdrawal.— The National Forest System land described in subsection (a) is withdrawn from the operation of the mining and mineral leasing laws of the United States.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of Agriculture shall require the County to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the County.
Treatment of amounts received.— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary of Agriculture 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.
Environmental Remediation.—
In general.— To expedite the conveyance of the parcel of National Forest System land described in subsection (a), including improvements thereon, environmental remediation of the land by the Department of the Air Force shall be limited to the removal of the perimeter wooden fence, which was treated with an arsenic-based weatherproof coating, and treatment of soil affected by leaching of such chemical.
Potential future environmental remediation responsibilities.— Notwithstanding the conveyance of the parcel of National Forest System land described in subsection (a), the Secretary of the Air Force shall be responsible for the remediation of any environmental contamination, discovered post-conveyance, that is attributed to Air Force occupancy of and operations on the parcel pre-conveyance.
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 Agriculture.
SEC. 2836. Transfer of Administrative Jurisdiction, Naval Support Activity Panama City, Florida, Parcel.
Transfer to the Secretary of the Navy.— Administrative jurisdiction over the parcel of Federal land consisting of approximately 1.23 acres located within Naval Support Activity Panama City, Florida, and used by the Department of the Navy pursuant to Executive Order No. 10355 of May 26, 1952, and Public Land Order Number 952 of April 6, 1954, is transferred from the Secretary of the Interior to the Secretary of the Navy.
Land Survey.— The exact acreage and legal description of the Federal land transferred by subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy and the Secretary of the Interior.
Consideration and Reimbursement.—
No consideration.— The transfer made by subsection (a) shall be without consideration.
Reimbursement.— The Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior under subsection (b) in conducting the survey and preparing the legal description of the Federal land transferred by subsection (a).
Status of Land After Transfer.— Upon transfer of the Federal land by subsection (a), the land shall cease to be public land and shall be treated as property (as defined in section 102(9) of title 40, United States Code) under the administrative jurisdiction of the Secretary of the Navy.
SEC. 2837. Lease Extension, Bryan Multi-Sports Complex, Wayne County, North Carolina.
Authority.— In the case of the existing lease with the City of Goldsboro, North Carolina, regarding the approximately 62-acre Bryan Multi-Sports Complex located in Wayne County, North Carolina, the Secretary of the Air Force may enter into an agreement with the City of Goldsboro to extend the term of the lease for the purpose of permitting the City to continue to operate a sports and recreation facility for the benefit of both the Air Force and the community.
Duration.— The duration of the lease extension provided by the Secretary of the Air Force under subsection (a) may not exceed 30 years, providing a total lease period not to exceed 50 years for the lease described in such subsection.
Payments Under the Lease.— The Secretary of the Air Force may waive the requirement under section 2667(b)(4) of title 10, United States Code, with respect to the lease extension authorized by subsection (a) if the Secretary determines that extension of the lease described in such subsection enhances the quality of life of members of the Armed Forces.
SEC. 2838. Land Conveyances, Milan Army Ammunition Plant, Tennessee.
Conveyances Authorized.—
City of milan, tennessee.— The Secretary of the Army may convey to the City of Milan, Tennessee (in this section referred to as the “City”), all right, title, and interest of the United States in and to parcels of real property, including any improvements thereon, at Milan Army Ammunition Plant, Tennessee, that run parallel to Highway 45 and consist of a total of approximately 292 acres.
University of tennessee.— The Secretary of the Army may convey, without consideration, to the University of Tennessee (in this section referred to as the “University”) all right, title, and interest of the United States in and to parcels of real property, including any improvements thereon and parcels currently leased to the University, at Milan Army Ammunition Plant that consist of a total of approximately 900 acres for the purpose of permitting the University to use the parcels for education research.
Consideration.—
Amount and determination.— As consideration for the conveyance authorized by subsection (a)(1), the City shall pay to the Secretary of the Army an amount that is not less than the fair market value of the property to be conveyed under such subsection, as determined by an appraisal approved by the Secretary.
Deposit and availability.— The Secretary of the Army shall deposit the cash payment received under paragraph (1) in the special account in the Treasury established for that Secretary under section 2667(e) of title 10, United States Code. The entire amount deposited shall be available for use in accordance with paragraph (1)(C) of such section. Paragraph (1)(D) of such section shall not apply to the entire amount deposited.
Reversionary Interest.—
Interest retained.— If the Secretary of the Army determines at any time that the property conveyed to the University under subsection (a)(2) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the conveyed property, including any improvements thereon, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto the property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
Alternative consideration option.— In lieu of exercising the reversionary interest retained under paragraph (1), the Secretary of the Army may accept an offer by the University to pay to the Secretary an amount equal to the fair market value of the property conveyed under subsection (a)(2), excluding the value of any improvements on the conveyed property constructed without Federal funds after the date the conveyance is completed, as determined by the Secretary. Subsection (b)(2) shall apply to any cash payment received by the Secretary under this paragraph.
Payment of Costs of Conveyance.—
Conveyance to city.— The Secretary of the Army shall require the City to pay costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance authorized by subsection (a)(1), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance.
Conveyance to university.— The Secretary shall require the University to pay costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance authorized by subsection (a)(2), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance.
Treatment of amounts received.— Amounts received as reimbursement under paragraphs (1) and (2) shall be credited to the fund or account that was used to pay the costs incurred by the Secretary in carrying out the conveyances under subsection (a) or, if the period of availability of obligations for that appropriation has expired, to the appropriations of fund that is currently available to the Secretary for the same purpose. 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 parcels of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Army.
Additional Terms and Conditions.— The Secretary of the Army may require such additional terms and conditions in connection with the conveyances authorized by subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Subtitle E Military Land Withdrawals
SEC. 2841. Renewal of Land Withdrawal and Reservation to Benefit Naval Air Facility, El Centro, California.
Section 2925 of the El Centro Naval Air Facility Ranges Withdrawal Act (subtitle B of title XXIX of Public Law 104–201; 110 Stat. 2816) is amended by striking “ 25 years after the date of the enactment of this subtitle” and inserting “ on November 6, 2046”.
SEC. 2842. Renewal of Fallon Range Training Complex Land Withdrawal and Reservation.
Notwithstanding section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892), the withdrawal and reservation of lands (known as the Fallon Range Training Complex) made by section 3011(a) of such Act (113 Stat. 885) shall terminate on November 6, 2046.
SEC. 2843. Renewal of Nevada Test and Training Range Land Withdrawal and Reservation.
Notwithstanding section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892), the withdrawal and reservation of lands (known as the Nevada Test and Training Range) made by section 3011(b) of such Act (113 Stat. 886) shall terminate on November 6, 2046.
SEC. 2844. Establishment of Interagency Committees on Joint Use of Certain Land Withdrawn from Appropriation under Public Land Laws.
Interagency Executive Committee on Joint Use by Department of the Navy and Department of the Interior of Naval Air Station Fallon Ranges.— Section 3011(a) of the Military Lands Withdrawal Act of 1999 (Public Law 106–65; 113 Stat. 885) is amended by adding at the end the following new paragraph:
“(5) Intergovernmental executive committee.—
“(A) Establishment.—The Secretary of the Navy and the Secretary of the Interior shall jointly establish, by memorandum of understanding, an intergovernmental executive committee (referred to in this paragraph as the ‘executive committee’), for the purpose of exchanging views, information, and advice relating to the management of the natural and cultural resources of the land described in paragraph (2).
“(B) Memorandum of understanding.—The memorandum of understanding entered into under subparagraph (A) shall include—
“(i) a description of the officials and other individuals to be invited to participate as members in the executive committee under subparagraph (C);
“(ii) a description of the duties of the Chairperson and Vice Chairperson of the executive committee; and
“(iii) subject to subparagraphs (D) and (E), a procedure for—
“(I) creating a forum to carry out the purpose described in subparagraph (A);
“(II) rotating the Chairperson of the executive committee; and
“(III) scheduling regular meetings of the executive committee.
“(C) Membership.—The executive committee shall be comprised of—
“(i) 1 representative of the Nevada Department of Wildlife;
“(ii) 1 representative of the Nevada Department of Conservation and Natural Resources;
“(iii) 1 county commissioner from each of Churchill, Lyon, Nye, Mineral, and Pershing Counties, Nevada;
“(iv) 1 representative of each Indian tribe in the vicinity of the land described in paragraph (2); and
“(v) not more than 3 members that the Secretary of the Navy and the Secretary of the Interior jointly determine would advance the goals and objectives of the executive committee.
“(D) Chairperson and vice chairperson.—The members of the executive committee shall elect from among the members—
“(i) 1 member to serve as Chairperson of the executive committee; and
“(ii) 1 member to serve as Vice Chairperson of the executive committee.
“(E) Meetings.—
“(i) Frequency.—The executive committee shall meet not less frequently than 3 times each calendar year.
“(ii) Location.—The location of the meetings of the executive committee shall rotate to facilitate ease of access for all members of the executive committee.
“(iii) Public accessibility.—The meetings of the executive committee shall—
“(I) be open to the public; and
“(II) serve as a forum for the public to provide comments regarding the natural and cultural resources of the land described in paragraph (2).
“(F) Conditions and terms.—
“(i) In general.—Each member of the executive committee shall serve voluntarily and without compensation.
“(ii) Term of appointment.—
“(I) In general.—Except as provided in subclause (II)(bb), each member of the executive committee shall be appointed for a term of 4 years.
“(II) Original members.—Of the members initially appointed to the executive committee, the Secretary of the Navy and the Secretary of the Interior shall select—
“(aa) ½ to serve for a term of 4 years; and
“(bb) ½ to serve for a term of 2 years.
“(iii) Reappointment and replacement.—The Secretary of the Navy and the Secretary of the Interior may reappoint or replace, as appropriate, a member of the executive committee if—
“(I) the term of the member has expired;
“(II) the member has resigned; or
“(III) the position held by the member has changed to the extent that the ability of the member to represent the group or entity that the member represents has been significantly affected.
“(G) Liaisons.—The Secretary of the Navy and the Secretary of the Interior shall each appoint appropriate operational and land management personnel of the Department of the Navy and the Department of the Interior, respectively, to serve as liaisons to the executive committee.”
Joint Access and Use by Department of the Air Force and Department of the Interior of Nevada Test and Training Range and Desert National Wildlife Refuge.—
United states fish and wildlife service and department of the air force coordination.— Section 3011(b)(5) of the Military Lands Withdrawal Act of 1999 (Public Law 106–65; 113 Stat. 887) is amended by adding at the end the following new subparagraph:
“(G) Interagency committee.—
“(i) In general.—The Secretary of the Interior and the Secretary of the Air Force shall jointly establish an interagency committee (referred to in this subparagraph as the ‘interagency committee’) to facilitate coordination, manage public access needs and requirements, and minimize potential conflict between the Department of the Interior and the Department of the Air Force with respect to joint operating areas within the Desert National Wildlife Refuge.
“(ii) Membership.—The interagency committee shall include only the following members:
“(I) Representatives from the United States Fish and Wildlife Service.
“(II) Representatives from the Department of the Air Force.
“(III) The Project Leader of the Desert National Wildlife Refuge Complex.
“(IV) The Commander of the Nevada Test and Training Range, Nellis Air Force Base.
“(iii) Report to congress.—The interagency committee shall biannually submit to the Committees on Armed Services, Environment and Public Works, and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives, and make available publicly online, a report on the activities of the interagency committee.”
Intergovernmental executive committee.— Such section is further amended by adding at the end the following new subparagraph:
“(H) Intergovernmental executive committee.—
“(i) Establishment.—The Secretary of the Interior and the Secretary of the Air Force shall jointly establish, by memorandum of understanding, an intergovernmental executive committee (referred to in this subparagraph as the ‘executive committee’) in accordance with this subparagraph.
“(ii) Purpose.—The executive committee shall be established for the purposes of—
“(I) exchanging views, information, and advice relating to the management of the natural and cultural resources of the lands withdrawn and reserved by this section; and
“(II) discussing and making recommendations to the interagency committee established under subparagraph (G) with respect to public access needs and requirements.
“(iii) Composition.—The executive committee shall comprise the following members:
“(I) Federal agencies.—The Secretary of the Interior and the Secretary of the Air Force shall each appoint 1 representative from an interested Federal agency.
“(II) State government.—The Secretary of the Interior and the Secretary of the Air Force shall jointly invite 1 representative of the Nevada Department of Wildlife.
“(III) Local governments.—The Secretary of the Interior and the Secretary of the Air Force shall jointly invite 1 county commissioner of each of Clark, Nye, and Lincoln Counties, Nevada.
“(IV) Tribal governments.—The Secretary of the Interior and the Secretary of the Air Force shall jointly invite 1 representative of each Indian tribe in the vicinity of the portions of the joint use area of the Desert National Wildlife Refuge where the Secretary of the Interior exercises primary jurisdiction.
“(V) Public.—The Secretary of the Interior and the Secretary of the Air Force shall jointly invite not more than 3 private individuals who the Secretary of the Interior and the Secretary of the Air Force jointly determine would further the goals and objectives of the executive committee.
“(VI) Additional members.—The Secretary of the Interior and the Secretary of the Air Force may designate such additional members as the Secretary of the Interior and the Secretary of the Air Force jointly determine to be appropriate.
“(iv) Operation.—The executive committee shall operate in accordance with the terms set forth in the memorandum of understanding under clause (i), which shall specify the officials or other individuals to be invited to participate in the executive committee in accordance with clause (iii).
“(v) Procedures.—Subject to clauses (vi) and (vii), the memorandum of understanding under clause (i) shall establish procedures for—
“(I) creating a forum for carrying out the purpose described in clause (ii);
“(II) rotating the Chairperson of the executive committee; and
“(III) scheduling regular meetings.
“(vi) Chairperson and vice chairperson.—
“(I) In general.—The members of the executive committee shall elect from among the members—
“(aa) 1 member to serve as the Chairperson of the executive committee; and
“(bb) 1 member to serve as the Vice Chairperson of the executive committee.
“(II) Duties.—The duties of each of the Chairperson and the Vice Chairperson shall be included in the memorandum of understanding under clause (i).
“(vii) Meetings.—
“(I) Frequency.—The executive committee shall meet not less frequently than 3 times each calendar year.
“(II) Meeting locations.—Locations of meetings of the executive committee shall rotate to facilitate ease of access for all executive committee members.
“(III) Public accessibility.—Meetings of the executive committee shall—
“(aa) be open to the public; and
“(bb) provide a forum for the public to provide comment regarding the management of, and public access to, the Nevada Test and Training Range and the Desert National Wildlife Refuge.
“(viii) Conditions and terms of appointment.—
“(I) In general.—Each member of the executive committee shall serve voluntarily and without compensation.
“(II) Term of appointment.—
“(aa) In general.—Each member of the executive committee shall be appointed for a term of 4 years.
“(bb) Original members.—Notwithstanding item (aa), the Secretary of the Interior and the Secretary of the Air Force shall select—
“(AA) ½ of the original members of the executive committee to serve for a term of 4 years; and
“(BB) ½ of the original members of the executive committee to serve for a term of 2 years.
“(III) Reappointment and replacement.—The Secretary of the Interior and the Secretary of the Air Force may reappoint or replace a member of the executive committee if—
“(aa) the term of the member has expired;
“(bb) the member has resigned; or
“(cc) the position held by the member has changed to the extent that the ability of the member to represent the group or entity that the member represents has been significantly affected.
“(ix) Liaisons.—The Secretary of the Air Force and the Secretary of the Interior shall each appoint appropriate operational and land management personnel of the Department of the Air Force and the Department of the Interior, respectively, to participate in, and serve as liaisons to, the executive committee.”
Subtitle F Asia-Pacific and Indo-Pacific Issues
SEC. 2851. Change to Biennial Reporting Requirement for Interagency Coordination Group of Inspectors General for Guam Realignment.
Section 2835(e)(1) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 10 U.S.C. 2687 note) is amended—
in the paragraph heading, by striking “ Annual” and inserting “ Biennial”; and
in the matter preceding subparagraph (A)—
by striking “ February 1 of each year” and inserting “ February 1, 2022, and every second February 1 thereafter”;
by striking “ fiscal year” and inserting “ two fiscal years”;
by striking “ such year” and inserting “ such years”; and
by striking “ the year” and inserting “ the years”.
SEC. 2852. Additional Exception to Restriction on Development of Public Infrastructure in Connection with Realignment of Marine Corps Forces in Asia-Pacific Region.
Notwithstanding section 2821(b) of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 10 U.S.C. 2687 note), the Secretary of Defense may proceed with the public infrastructure project on Guam intended to provide a new public health laboratory, as identified in the report prepared by the Secretary of Defense under section 2822(d)(2) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1017) and entitled “Economic Adjustment Committee Implementation Plan Supporting the Preferred Alternative for the Relocation of Marine Corps Forces to Guam”, subject to the availability of funds for the project.
SEC. 2853. Development of Master Plan for Infrastructure to Support Rotational Armed Forces in Australia.
Master Plan Required.— The Secretary of Defense shall develop a master plan for the construction of infrastructure required to support the rotational presence of units and members the United States Armed Forces in the Northern Territory of the Commonwealth of Australia (in this section referred to as the “Northern Territory”).
Master Plan Elements.— The master plan shall include the following:
A list and description of the scope, cost, and schedule for each military construction, repair, or other infrastructure project carried out at installations or training areas in the Northern Territory since October 1, 2011.
A list and description of the scope, cost, and schedule for each military construction, repair, or other infrastructure project anticipated to be necessary at installations or training areas in the Northern Territory during the 10-year period beginning on the date of the enactment of this Act.
For each project included in the master plan pursuant to paragraph (1) or (2), an explanation of—
whether the proponent of the project was the Secretary of a military department, a combat support agency, a combatant command, or the Commonwealth of Australia; and
the funding source, or anticipated resource sponsor, for the project, including whether the project is funded by the United States, by the Commonwealth of Australia, or jointly by both countries.
Such other issues as determined by the Secretary of Defense to be appropriate.
Coordination.— The Secretary of Defense shall coordinate with the Commander of United States Indo-Pacific Command and the Secretaries of the military departments to develop the master plan.
Report Requirement.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing a copy of the master plan. The report shall be submitted in unclassified form, but may include a classified annex.
SEC. 2854. Bulk Fuel Management in United States Indo-Pacific Command Area of Responsibility.
Designation of Responsible Organizational Element.—
Designation required.— The Secretary of Defense shall designate a single organizational element of the Department of Defense to be responsible for bulk fuel management and delivery throughout the United States Indo-Pacific Command Area of Responsibility.
Deadline for designation; notice.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall make the designation required by paragraph (1) and notify the Committees on Armed Services of the Senate and the House of Representatives of the organizational element so designated.
Bulk Fuel Management Strategy.—
Strategy required.— The organizational element designated pursuant to subsection (a) shall prepare a bulk fuel management strategy for the United States Indo-Pacific Command Area of Responsibility designed to develop the required bulk fuel management infrastructure and programs to optimally support bulk fuel management in the United States Indo-Pacific Command Area of Responsibility.
Additional elements.— The strategy shall include the following additional elements:
A description of current organizational responsibility of bulk fuel management in the United States Indo-Pacific Command Area of Responsibility from ordering, storage, strategic transportation, and tactical transportation to the last tactical mile.
A description of legacy bulk fuel management assets that can be used to support the United States Indo-Pacific Command.
A description of current programs for platforms and weapon systems and research and development aimed at managing fuel constraints through decreasing demand.
Coordination.— The bulk fuel management strategy required by subsection (b) shall be prepared in coordination with subject-matter experts of the United States Indo-Pacific Command, the United States Transportation Command, the Defense Logistics Agency, and the military departments.
Prohibition on Certain Construction Pending Notice.— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Navy for construction related to additional bulk fuel storage in the United States Indo-Pacific Command Area of Responsibility, not more than 50 percent may be obligated or expended before the date on which the notice required by subsection (a)(2) is submitted.
Subtitle G Authorized Pilot Programs
SEC. 2861. Pilot Program to Authorize Use of Cost Savings Realized from Intergovernmental Services Agreements for Installation-Support Services.
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following new subsection (e):
“(e) Pilot Program for Use of Cost Savings Realized.—
(1) Each Secretary concerned shall conduct a pilot program under which the Secretary will make available to the commander of each military installation for which cost savings are realized as a result of an intergovernmental support agreement entered into under this section an amount equal to not less than 25 percent of the amount of such cost savings for that military installation for a fiscal year.
“(2) Amounts made available to an installation commander under paragraph (1) shall be used solely to address sustainment restoration and modernization requirements that have been approved by the major subordinate command or equivalent component.
“(3) With respect to each military installation for which amounts are made available to the installation commander under paragraph (1), the Secretary concerned shall certify, not less frequently than annually for each fiscal year of the pilot program, to the congressional defense committees the following:
“(A) The name of the installation and the amount of the cost savings achieved at the installation.
“(B) The source and type of intergovernmental support agreement that achieved the cost savings.
“(C) The amount of the cost savings made available to the installation commander under paragraph (1).
“(D) The sustainment restoration and modernization purposes for which the amount made available under paragraph (1) were used.
“(4) The authority to conduct the pilot program shall expire September 30, 2025.”
Promulgation of Guidance.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate guidance for the development of the pilot program required by subsection (e) of section 2679 of title 10, United States Code, as added by subsection (a).
SEC. 2862. Department of Defense Pilot Program to Evaluate Expansion of Land Exchange Authority.
Pilot Program Required.— Section 2869(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(3)
(A) The Secretary of Defense shall establish a pilot program under which the Secretary concerned, during the term of the pilot program, may use the authority provided by paragraph (1) to also convey real property, including any improvements thereon, described in paragraph (2) to any person who agrees, in exchange for the real property, to provide—
“(i) installation-support services (as defined in 2679(e) of this title); or
“(ii) a new facility or improvements to an existing facility.
“(B) The acquisition of a facility or improvements to an existing facility using the authority provided by subparagraph (A) shall not be treated as a military construction project for which an authorization is required by section 2802 of this title.
“(C) The expanded conveyance authority provided by subparagraph (A) applies only during the five-year period beginning on the date on which the Secretary of Defense issues guidance regarding the use by the Secretaries concerned of such authority.”
Conditions on Use of Expanded Conveyance Authority.— Section 2869(b) of title 10, United States Code, is amended—
in paragraph (1)—
in the first sentence, by striking “ of the land to be” and inserting “ of the real property, installation-support services, or facility or improvements to an existing facility”; and
in the second sentence, by striking “ of the land is less than the fair market value of the real property to be conveyed” and inserting “ of the real property conveyed by the Secretary concerned exceeds the fair market value of the real property, installation-support services, or facility or improvements received by the Secretary”; and
by adding at the end the following new paragraph:
“(3) The Secretary concerned may agree to accept a facility or improvements to an existing facility under subsection (a)(3) only if the Secretary concerned determines that the facility or improvements—
“(A) are completed and usable, fully functional, and ready for occupancy;
“(B) satisfy all operational requirements; and
“(C) meet all Federal, State, and local requirements applicable to the facility relating to health, safety, and the environment.”
Issuance of Guidance.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance providing for the implementation of the pilot program required by section 2869(a)(3) of title 10, United States Code, as added by this section.
SEC. 2863. Pilot Program to Support Combatant Command Military Construction Priorities.
Pilot Program.— The Secretary of Defense shall conduct a pilot program to evaluate the usefulness of reserving a portion of the military construction funds of the military departments to help the combatant commands satisfy their military construction priorities in a timely manner.
Location.— The Secretary of Defense shall conduct the pilot program for the benefit of the United States Indo-Pacific Command in the area of responsibility of the United States Indo-Pacific Command.
Required Investment.— For each fiscal year during which the pilot program is conducted, the Secretary of Defense shall reserve to carry out military construction projects under the pilot program an amount equal to 10 percent of the total amount authorized to be appropriated for military construction projects by titles XXI, XXII, and XXIII of the Military Construction Authorization Act for that fiscal year.
Commencement and Duration.—
Commencement.— The Secretary of Defense shall commence the pilot program no later than October 1, 2023. The Secretary may commence the pilot program as early as October 1, 2022, if the Secretary determines that compliance with the reservation of funds requirement under subsection (c) is practicable beginning with fiscal year 2023.
Duration.— The pilot program shall be in effect for the fiscal year in which the Secretary commences the pilot program, as described in paragraph (1), and the subsequent two fiscal years. Any construction commenced under the pilot program before the expiration date may continue to completion.
Progress Report.— Not later than February 15 of the final fiscal year of the pilot program, the Secretary of Defense shall submit to the congressional defense committees a report evaluating the success of the pilot program in improving the timeliness of the United States Indo-Pacific Command in achieving its military construction priorities. The Secretary shall include in the report—
an evaluation of the likely positive and negative impacts were the pilot program extended or made permanent and, if extended or made permanent, the likely positive and negative impacts of expansion to cover all or additional combatant commands; and
the recommendations of the Secretary regarding whether the pilot program should be extended or made permanent and expanded.
SEC. 2864. Pilot Program to Test Use of Emergency Diesel Generators in a Microgrid Configuration at Certain Military Installations.
Pilot Program Authorized.— The Secretary of Defense may conduct a pilot program (to be known as the “Emergency Diesel Generator Microgrid Program”) to evaluate the feasibility and cost effectiveness of connecting existing diesel generators at a military installation selected pursuant to subsection (c) to create and support one or more microgrid configurations at the installation capable of providing full-scale electrical power for the defense critical facilities located at the installation during an emergency involving the loss of external electric power supply caused by an extreme weather condition, manmade intentional infrastructure damage, or other circumstance.
Goals of Pilot Program.— The goals of the Emergency Diesel Generator Microgrid Program are—
to test assumptions about lower operating and maintenance costs, parts interchangeability, lower emissions, lower fuel usage, increased resiliency, increased reliability, and reduced need for emergency diesel generators; and
to establish design criteria that could be used to build and sustain emergency diesel generator microgrids at other military installations.
Pilot Program Locations.— As the locations to conduct the Emergency Diesel Generator Microgrid Program, the Secretary of Defense shall select two major military installations located in different geographical regions of the United States that the Secretary determines—
are defense critical electric infrastructure sites or contain, or are served by, defense critical electric infrastructure;
contain more than one defense critical function for national defense purposes and the mission assurance of such critical defense facilities are paramount to maintaining national defense and force projection capabilities at all times; and
face unique electric energy supply, delivery, and distribution challenges that, based on the geographic location of the installations and the overall physical size of the installations, adversely impact rapid electric infrastructure restoration after an interruption.
Specifications of Diesel Generators and Microgrid.—
Generator specifications.— The Secretary of Defense shall use existing diesel generators that are sized >/= 750kW output.
Microgrid specifications.— The Secretary of Defense shall create the microgrid using commercially available and proven designs and technologies. The existing diesel generators used for the microgrid should be spaced within 1.0 to 1.5 mile of each other and, using a dedicated underground electric cable network, be tied into a microgrid configuration sufficient to supply mission critical facilities within the service area of the microgrid. A selected military installation may contain more than one such microgrid under the Emergency Diesel Generator Microgrid Program.
Program Authorities.— The Secretary of Defense may use the authority under section 2914 of title 10, United States Code (known as the Energy Resilience and Conservation Investment Program), and energy savings performance contracts to conduct the Emergency Diesel Generator Microgrid Program.
Definitions.— For purposes of the Emergency Diesel Generator Microgrid Program:
The term “defense critical electric infrastructure” has the meaning given that term in section 215A of the Federal Power Act (16 U.S.C. 824o–1).
The term “energy savings performance contract” has the meaning given that term in section 804(3) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(3)).
The term “existing diesel generators” means diesel generators located, as of the date of the enactment of this Act, at a major military installation selected as a location for the Emergency Diesel Generator Microgrid Program and intended for emergency use.
The term “major military installation” has the meaning given that term in section 2864 of title 10, United States Code.
SEC. 2865. Pilot Program to Authorize Additional Military Construction Projects for Child Development Centers at Military Installations.
Authorization of Additional Projects.— Each Secretary of a military department shall conduct a pilot program under which the Secretary may carry out military construction projects for child development centers at military installations, as specified in the funding table in section 4601 of a National Defense Authorization Act for a fiscal year covered by the pilot program. The military construction projects authorized under the pilot program are in addition to other military construction projects authorized by this Act or other National Defense Authorization Acts for fiscal years covered by the pilot program.
Reporting Requirement as Condition of Authorization.—
Report required.— Not later than 90 days after the date of the enactment of a National Defense Authorization Act for a fiscal year covered by the pilot program, the Secretary of the military department concerned shall submit to the congressional defense committees a report that describes the location, title, and cost, together with a Department of Defense Form 1391, for each military construction project the Secretary proposes to carry out under the pilot program pursuant to that National Defense Authorization Act.
Timing of availability of funds.— No funds may be obligated or expended for a military construction project under the pilot program—
unless the project is included in a report submitted under paragraph (1); and
until the expiration of the 30-day period beginning on the date on which the Secretary concerned submits the report under paragraph (1) in which the project is included.
Expiration of Authorization.— Section 2002 of a National Defense Authorization Act for a fiscal year covered by the pilot program shall apply with respect to the authorization of a military construction project carried out under the pilot program pursuant to that National Defense Authorization Act in the same manner as such section applies to the authorization of military construction projects contained in titles XXI through XXIII of that National Defense Authorization Act.
Covered Fiscal Years.— The pilot program shall be carried out for each of fiscal years 2021 through 2025, as provided in the National Defense Authorization Act for that fiscal year.
SEC. 2866. Department of the Army Pilot Program for Development and Use of Online Real Estate Inventory Tool.
Pilot Program Required.—
Establishment.— The Secretary of the Army shall establish a pilot program for the development of an online real estate tool to identify the existing inventory of space available at the Army installations selected by the Secretary under paragraph (2) for the purposes specified in subsection (b).
Selection of pilot locations.— The Secretary shall evaluate the online inventory tool at not less than five, but not more than 10, Army installations selected by the Secretary as appropriate locations for evaluation of the online inventory tool.
Consultation.— The Secretary shall establish the pilot program and develop the online inventory tool in consultation with the Administrator of General Services and the Assistant Secretary of Defense for Sustainment.
Purposes.— The purposes of the online inventory tool are—
to achieve efficiencies in real estate property management consistent with the National Defense Strategy goal of finding greater efficiencies within Department of Defense operations;
to provide a means to better market to the public information regarding space available at Army installations for better utilization of such space; and
to provide a means to better quantify existing space available at Army installations and how it is utilized for current missions and requirements.
Considerations.— To establish the pilot program, the Secretary of the Army shall—
consider innovative approaches, including the use of other transaction authorities consistent with section 2371 of title 10, United States Code, and the use of commercial off-the-shelf technologies;
develop appropriate protections of sensitive or classified information from being included with the online inventory tool; and
develop appropriate levels of access for private sector users of the online inventory tool.
Establishment of Use Policy.— In connection with the development of the online inventory tool, the Secretary of the Army shall develop policy requiring the use of the online inventory tool at the Army installations selected under subsection (a)(2) to query for existing inventory at such installations before any military construction or off-post leases are agreed to for such installations. The Secretary shall ensure that all relevant notifications to congressional defense committees include certification that the online inventory tool was used.
Online Inventory Tool Defined.— In this section, the term “online inventory tool” means the online real estate tool developed under the pilot program to identify existing inventory of space available at Army installations selected to participate in the pilot program.
Rule of Construction.— Nothing in this section shall be construed to effect the application of title V of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.).
Reporting Requirement.— Not later than February 15, 2025, the Secretary of the Army shall submit to Committees on Armed Services of the Senate and the House of Representatives a report evaluating the success of the pilot program in achieving the purposes specified in subsection (b). At a minimum, the report also shall identify and contain the following:
The Army installations selected under subsection (a)(2) to participate in the pilot program.
The number of real estate agreements entered into by the Department of the Army that were facilitated by use of the online inventory tool, including for each agreement the installation, amount of space, value, and purpose of the agreement.
An evaluation of the extent to which use of the online inventory tool reduced the need for military construction or off-post leases.
An evaluation of any impediments to efficient use of the online inventory tool.
The recommendations of the Secretary regarding whether the pilot program should be extended, expanded, or made permanent.
Duration.— The authority of the Secretary of the Army to conduct the pilot program shall expire on September 30, 2025.
Subtitle H Miscellaneous Studies and Reports
SEC. 2871. Reports Regarding Decision-Making Process Used to Locate or Relocate Major Headquarters and Certain Military Units and Weapon Systems.
One-time Report on Decision-making Process.—
Report required.— Not later than March 1, 2021, each Secretary of a military department (and the Secretary of Defense with respect to matters concerning the Defense Agencies and the Joint Staff) shall submit a report to the Committees on Armed Services of the House of Representatives and the Senate regarding the process to be used by the Secretary concerned to make basing decisions for each Armed Force under the jurisdiction of the Secretary concerned in the following circumstances:
Whenever a military installation is to be selected to serve as the first permanent location for a new major headquarters, covered military unit, or major weapon system.
Whenever a permanent change is considered in the basing of a major headquarters, covered military unit, or major weapon system by relocating the major headquarters, covered military unit, or major weapon system from its current military installation to a different military installation.
Elements of report.— The report submitted by the Secretary concerned under paragraph (1) shall include at a minimum the following:
A description of the decision-making process to be used by that Secretary for basing decisions covered under subparagraph (A) and (B) of such paragraph.
A timeline for the scenarios outlined in such subparagraphs, including the decision authority for each decision to be made during the decision-making process.
The congressional engagement plan to be used to notify the Committees on Armed Services of the House of Representatives and the Senate and interested Members of Congress at key points throughout the decision-making process.
The plan for implementing the requirements of section 483 of title 10, United States Code, as added by subsection (b).
Definitions.— The definitions contained in section 483 of title 10, United States Code, as added by subsection (b), apply to this subsection.
Congressional Notifications Required Related to Basing Decision-making Process.— Chapter 23 of title 10, United States Code, is amended by inserting after section 482 the following new section:
Ҥ 483. Notifications related to basing decision-making process
“(a) Notification Required.—At each point in the decision-making process specified in subsection (b), the Secretary concerned shall notify the congressional defense committees of the decision-making process to be used or the decision-making process used, whichever applies—
“(1) to select a military installation to serve as the first permanent location for a new major headquarters, covered military unit, or major weapon system; or
“(2) to make a permanent change in the basing of a major headquarters, covered military unit, or major weapon system by relocating the major headquarters, covered military unit, or major weapon system from its current military installation to a different military installation.
“(b) Deadlines for Submission of Notice.—The Secretary concerned shall provide the notice required by subsection (a) within seven days after each of the following decision points during the decision-making process:
“(1) When the Secretary concerned issues any formal internal guidance to begin the decision-making process regarding the location or relocation of a major headquarters, covered military unit, or major weapon system.
“(2) When the Secretary concerned selects between two and five military installations as the most likely candidate locations for a major headquarters, covered military unit, or major weapon system in order to subject those installations to additional analysis.
“(3) When the Secretary concerned selects a specific military installation as the preferred location for the major headquarters, covered military unit, or major weapon system.
“(c) Required Elements of Notification.—In a notice required by subsection (a), the Secretary concerned shall include at a minimum the following:
“(1) A description of the manner in which the joint and all-domain training capabilities at each candidate location, if applicable to the type of basing decision-making process at issue, will be or was, whichever applies, comparatively analyzed among candidate military installations, separate from and in addition to the mission criteria to be used or that was used to make the basing decision.
“(2) A description of the manner in which the airspace and training areas available at each candidate location, if applicable to the type of basing decision-making process at issue, will be or was, whichever applies, comparatively analyzed among candidate military installations, separate from and in addition to the mission criteria to be used or that was used to make the basing decision.
“(3) A description of the manner in which community support for the basing decision-making process described in subsection (a) will be or was, whichever applies, comparatively analyzed among candidate military installations, including consultation with appropriate State officials and officials of units of local government in which each installation is located regarding matters affecting the local community, such as transportation, utility infrastructure, housing, education, and family support activities. In any case in which the Secretary concerned selects as the preferred location a military installation with less community support compared to other locations, as indicated by such a comparative analysis, an explanation of the operational considerations that formed the basis for such selection.
“(4) An explanation of how each candidate location will be or was, whichever applies, scored against the factors referred to in the preceding paragraphs, including the weight assigned to each factor.
“(5) A summary of any internal score cards that will be or were, whichever applies, used to make the basing decision.
“(d) Notice and Wait Requirements.—No irrevocable action may be taken to effect or implement a basing decision reached through the decision-making process described in subsection (a) until the end of the 14-day period beginning on the date on which the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title, the notice referred to in subsection (b)(3) regarding a preferred location for the major headquarters, covered military unit, or major weapon system.
“(e) Annual Reporting Requirement.—
“(1) Report required.—Not later than 10 days after the date on which the budget request for a fiscal year is submitted to Congress under section 1105 of title 31, the Secretary concerned shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report providing the following:
“(A) An update on the status and anticipated completion date of each decision-making process that was commenced or was underway during the previous two fiscal years regarding the location or relocation of a major headquarters, covered military unit, or major weapon system.
“(B) A list and description of anticipated basing decisions to be made regarding the location or relocation of a major headquarters, covered military unit, or major weapon system over the period covered by the future-years defense plan.
“(C) A timeline for a congressional engagement plan to brief the Committees on Armed Services of the House of Representatives and the Senate during the decision-making process and when decision notifications would be provided to interested Members of Congress.
“(2) Elements of report.—To satisfy the requirements of paragraph (1)(B), a report under this subsection shall include at a minimum the following:
“(A) An estimate of the number of members of the armed forces and civilian personnel potentially impacted by the basing decision.
“(B) The locations to be considered, if already known.
“(C) The expected timeline for beginning the decision-making process and reaching a final determination.
“(f) Definitions.—In this section:
“(1) The term ‘covered military unit’ means a unit of the armed forces whose initial assignment to a military installation or relocation from a military installation to a different military installation requires the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(2) The term ‘major headquarters’ means the headquarters of a military unit or command that is the appropriate command of a general officer or flag officer.
“(3) The term ‘major weapon system’ means a weapon system that is treatable as a major system under section 2302(5) of title.
“(4) The term ‘military installation’ means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or Guam. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
“(5) The term ‘Secretary concerned’ means—
“(A) the Secretary of the military department concerned; and
“(B) the Secretary of Defense with respect to matters concerning the Defense Agencies and the Joint Staff.”
Clerical Amendment.— The table of sections at the beginning of chapter 23 of title 10, United States Code, is amended by inserting after the item relating to section 482 the following new item:
“483. Notifications related to basing decision-making process.”.
SEC. 2872. Report on Effect of Noise Restrictions on Military Installations and Operations and Development and Implementation of Noise Mitigation Measures.
Report Requirement.— Not later than July 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report describing—
the types and extent of noise restrictions impacting military installations inside the United States, including outlying landing fields and training ranges;
the effect of such noise restrictions on the operational readiness and efficiency of aviation units stationed at or using the military installations;
the voluntary noise mitigation measures, encroachment management measures, and community relations initiatives used by the military departments to prevent or lessen the need for noise restrictions; and
the progress being made to develop and implement additional cost-effective technological measures to mitigate noise emanating from operations at military installations and to prevent or lessen the need for noise restrictions.
Consultation.— The Secretary of Defense shall prepare the report in consultation with the Secretaries of the military departments.
SEC. 2873. Study and Report Regarding Continued Need for Protected Aircraft Shelters in Europe and Status of United States Air Base Resiliency in Europe.
Study Required.— The Secretary of Defense, in consultation with the United States European Command, shall conduct a study to determine the following:
The continued need for protected aircraft shelters in Europe utilized by the United States Armed Forces.
The feasibility of providing alternative protections against attack for United States military aircraft based in Europe that would be as effective as, or more effective than, protected aircraft shelters against attack.
The current resiliency status of air bases in Europe under the operational control of the Department of Defense or a military department and utilized by the United States Armed Forces.
The effect of the proposed demotion of protected aircraft shelters in Europe on the resiliency of such air bases in Europe.
Report Requirement.— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study required by subsection (a). The report shall be submitted in unclassified form, but may include a classified annex.
Prohibition on Certain Activities Pending Study.— Until the study required by subsection (a) is submitted as provided in subsection (b), funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 and funds authorized to be appropriated by a National Defense Authorization Act or otherwise made available for fiscal year 2022 may not be obligated or expended to implement any activity that would have the effect of—
reducing the resiliency of any air base in Europe under the operational control of the Department of Defense or a military department and utilized by the United States Armed Forces; or
demolishing any protected aircraft shelter in Europe utilized by the United States Armed Forces.
Waiver and Exception.— The Secretary of Defense may waive the prohibition in subsection (c)(2) and authorize the demolition of a protected aircraft shelter covered by the prohibition at any time after the end of the 14-day period beginning on the date on which the Secretary certifies to the congressional defense committees, in an electronic medium pursuant to section 480 of title 10, United States Code, that the protected aircraft shelter—
is no longer needed to meet foreseeable threats to United States military aircraft in the European theater; or
is no longer a viable defensive measure to protect against such foreseeable threats.
Subtitle I Other Matters
SEC. 2881. Military Construction Infrastructure and Weapon System Synchronization for Ground Based Strategic Deterrent.
Authorization for Planning and Design.— Of the amounts authorized to be appropriated for planning and design, Air Force, for fiscal year 2021, for the Ground Based Strategic Deterrent, as specified in the funding table in section 4601, the Secretary of the Air Force may use not more than $15,000,000 for the purpose of obtaining or carrying out necessary planning and construction design in connection with military construction projects and other infrastructure projects necessary to support the development and fielding of the Ground Based Strategic Deterrent weapon system.
Air Force Project Management and Supervision.— Each contract entered into by the United States for a military construction project or other infrastructure project in connection with the development and fielding of the Ground Based Strategic Deterrence weapon system shall be carried out under the direction and supervision of the Secretary of the Air Force. The Secretary may utilize and consult with the Air Force Civil Engineer Center, the Army Corps of Engineers, and the Naval Facilities Engineering Command for subject matter expertise, contracting capacity, and other support as determined to be necessary by the Secretary to carry out this section.
Use of Single Prime Contractor.— The Secretary of the Air Force may award contracts for planning and construction design and for military construction projects and other infrastructure projects authorized by law in connection with the development and fielding of the Ground Based Strategic Deterrent weapon system to a single prime contractor if the Secretary determines that awarding the contracts to a single prime contractor—
is in the best interest of the Government; and
is necessary to ensure the proper synchronization and execution of work related to the development and fielding of the Ground Based Strategic Deterrent weapon system and its associated military construction projects and other infrastructure projects.
Exceptions to Current Law.— The Secretary of the Air Force may carry out this section without regard to the following provisions of law:
Section 2851(a) of such title.
Expiration of Authority.— The authorities provided by this section shall expire upon the earlier of the following:
The date that is 15 years after the date of the enactment of this Act.
The date on which the Secretary of the Air Force submits to the congressional defense committees a certification that the fielding of the Ground Based Strategic Deterrent weapon system is complete.
Reporting Requirements.—
Initial report.— Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report describing the actions taken and to be taken by the Secretary to ensure that the development and fielding of the Ground Based Strategic Deterrent weapon system is synchronized with its associated military construction projects and other infrastructure projects.
Report elements.— The report required by paragraph (1) shall contain, at minimum, the following elements:
A description of the estimated total cost, scope of work, location, and schedule for the planning and design, military construction, and other infrastructure investments necessary to support the development and fielding of the Ground Based Strategic Deterrent weapon system.
A recommendation regarding the methods by which a programmatic military construction authorization, authorization of appropriations, and appropriation, on an installation-by-installation basis, could be used to support the synchronized development and fielding of the Ground Based Strategic Deterrent and its associated military construction projects and other infrastructure projects.
Identification of the specific provisions of law, if any, that the Secretary determines may adversely impact or delay the development and fielding of the Ground Based Strategic Deterrent weapon system and its associated construction projects and other infrastructure projects, assuming, as described in subparagraph (B), the use of a programmatic military construction authorization on an installation-by-installation basis.
A plan to ensure sufficient capability and capacity to cover civilian and military manning for oversight and contract management related to the development and fielding of the Ground Based Strategic Deterrent weapon system and its associated construction projects and other infrastructure projects.
Updates.— At the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for fiscal years 2023 through 2026, the Secretary of Defense shall notify the congressional defense committees of any deviations made during the current or preceding fiscal year or intended to be made during the current or next fiscal year from the synchronization actions described in the report required by paragraph (1), in particular the report elements specified in paragraph (2).
SEC. 2882. Defense Community Infrastructure Program.
Prioritization of Community Infrastructure Projects.— Section 2391(d)(1) of title 10, United States Code, is amended—
by inserting “ (A)” after “ (1)”;
by striking “ , if the Secretary determines that such assistance will enhance the military value, resilience, or military family quality of life at such military installation”; and
by adding at the end the following new subparagraph:
“(B) The Secretary shall establish criteria for the selection of community infrastructure projects to receive assistance under this subsection, including selection of community infrastructure projects in the following order of priority:
“(i) Projects that will enhance military value at a military installation, taking into consideration the military value criteria originally developed by the Secretary in compliance with the amendment made by section 3002 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1344).
“(ii) Projects that will enhance military installation resilience, as defined in section 101(e)(8) of this title.
“(iii) Projects that will enhance military family quality of life at a military installation, taking into consideration subsection (e)(4)(C).”
Cost-Sharing Requirements.— Paragraph (2) of section 2391(d) of title 10, United States Code, is amended to read as follows:
“(2)
(A) The criteria established for the selection of community infrastructure projects to receive assistance under this subsection shall include a requirement that, except as provided in subparagraph (B), the State or local government agree to contribute not less than 30 percent of the funding for the community infrastructure project.
“(B) If a proposed community infrastructure project will be carried out in a rural area or the Secretary of Defense determines that a proposed community infrastructure project is advantageous for reasons related to national security, the Secretary—
“(i) shall not penalize a State or local government for offering to make a contribution of 30 percent or less of the funding for the community infrastructure project; and
“(ii) may reduce the requirement for a State or local government contribution to 30 percent or less or waive the cost-sharing requirement entirely.”
Specified Duration of Program.— Section 2391(d)(4) of title 10, United States Code, is amended by striking “ upon the expiration of the 10-year period which begins on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019” and inserting “ on September 30, 2028”.
Clarification of Military Family Quality of Life Criteria.— Section 2391(e)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
“(C) For the purposes of determining whether proposed community infrastructure will enhance quality of life, the Secretary of Defense shall consider the impact of the community infrastructure on alleviating installation commuter workforce issues and the benefit of schools or other local infrastructure located off of a military installation that will support members of the armed forces and their dependents residing in the community.”
Definition of Rural Area Revised.— Section 2391(e)(5) of title 10, United States Code, is amended by striking “ 50,000 inhabitants” and inserting “ 100,000 inhabitants”.
SEC. 2883. Consideration of Certain Military Family Readiness Issues in Making Basing Decisions Associated with Certain Military Units and Major Headquarters.
Taking Into Consideration Military Family Readiness Issues.— In determining whether to proceed with any basing decision associated with a covered military unit or major headquarters in the United States after the date of the enactment of this Act, the Secretary of the military department concerned shall take into account, among such other factors as that Secretary considers appropriate, the military family readiness considerations specified in this section, including those military family readiness considerations specified pursuant to subsection (e).
Interstate Portability of Licensure and Certification Credentials.— With regard to the State in which an installation subject to a basing decision covered by subsection (a) is or will be located, the Secretary of the military department concerned shall take into account the extent to which the State—
has entered into reciprocity agreements to recognize and accept professional and occupational licensure and certification credentials granted by or in other States; or
allows for the transfer of such licenses and certifications granted by or in other States.
Housing.— With regard to the military housing area in which an installation subject to a basing decision covered by subsection (a) is or will be located, the Secretary of the military department concerned shall take into account the extent to which housing (including military family housing) that meets Department of Defense requirements is available and accessible to members of the Armed Forces through the private sector in such military housing area.
Health Care.— With regard to the community in which an installation subject to a basing decision covered by subsection (a) is or will be located, the Secretary of the military department concerned shall take into account the extent to which primary healthcare and specialty healthcare is available and accessible to dependents, including dependents with disabilities, of members of the Armed Forces through the private sector in such local community.
Other Specified Considerations.— The Secretary of the military department concerned shall take into account such other considerations in connection with military family readiness as the Secretary of Defense shall specify for purposes of compliance with this section.
Savings Clause.— Nothing in this section shall be construed as requiring the Secretary of a military department to make a basing decision covered by subsection (a) that the Secretary determines would diminish military readiness or impede military mission for the purpose of military family readiness.
Analytical Framework.— The Secretary of the military department concerned shall take into account the considerations specified in this section, among such other factors as the Secretary considers appropriate, in determining whether to proceed with a basing decision covered by subsection (a) using an analytical framework developed by that Secretary that uses criteria based on—
quantitative data available within the Department of Defense; and
such reliable quantitative data from sources outside the Department as the Secretary considers appropriate.
Basing Decision Scorecard.—
Scorecard required.— The Secretary of the military department concerned shall establish a scorecard for military installations under the jurisdiction of such Secretary, and for States and localities in which such installations are or may be located, to facilitate taking into account the considerations specified in this section whenever that Secretary makes a basing decision covered by subsection (a).
Update.— The Secretary of the military department concerned shall update the scorecard established by that Secretary under this subsection not less frequently than once each year in order to keep the information in such scorecard as current as is practicable.
Availability to public.— A current version of each scorecard established under this subsection shall be available to the public through an Internet website of the military department concerned that is accessible to the public.
Briefings.— Not later than April 1 of each of 2021, 2022, and 2023, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on actions taken pursuant to this section, including a description and assessment of the effect of the taking into account of the considerations specified in this section on particular basing decisions in the United States during the one-year period ending on the date of the briefing.
Definitions.— In this section:
The term “covered military unit” means a unit of the Armed Forces whose initial assignment to a military installation or relocation from a military installation to a different military installation requires the preparation of an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
The term “major headquarters” means the headquarters of a unit of the Armed Forces or command that is the appropriate command of a general officer or flag officer.
SEC. 2884. Department of Defense Policy for Regulation in Military Communities of Dangerous Dogs Kept as Pets.
Policy Required.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a uniform policy for the regulation of dangerous dogs kept as pets in military communities.
Consultation.— The policy required by subsection (a) shall be developed in consultation with professional veterinary and animal behavior experts in regard to effective regulation of dangerous dogs kept as pets.
Regulations.—
In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing the policy established under subsection (a).
Best practices.— The regulations prescribed under paragraph (1) shall include strategies, for implementation within all military communities, for the prevention of dog bites that are consistent with the following best practices:
Enforcement of regulations relating to dangerous dogs kept as pets, with emphasis on identification of dangerous dog behavior and chronically irresponsible pet owners.
Enforcement of animal control regulations, such as leash laws and stray animal control policies.
Promotion and communication of resources for pet spaying and neutering.
Investment in community education initiatives, such as teaching criteria for pet selection, pet care best practices, owner responsibilities, and safe and appropriate interaction with dogs.
Exclusions.— This section does not apply with respect to military working dogs and any dog certified as a service animal.
Definitions.— In this section:
The term “dangerous dog” means a dog that—
has attacked a person or another animal without justification, causing injury or death to the person or animal; or
exhibits behavior that reasonably suggests the likely risk of such an attack.
The term “military communities” means—
all military installations; and
all military housing, including privatized military housing under subchapter IV of chapter 169 of title 10, United States Code.
TITLE XXIX Overseas Contingency Operations Military Construction
SEC. 2901. Authorized Navy Construction and Land Acquisition Projects.
The Secretary of the Navy may acquire real property and carry out the military construction project for the installation outside the United States, and in the amount, set forth in the following table:
| Country | Installation | Amount |
|---|---|---|
| Spain | Rota | $59,230,000 |
SEC. 2902. Authorized Air Force Construction and Land Acquisition Projects.
The Secretary of the Air Force may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation | Amount |
|---|---|---|
| Germany | Ramstein | $36,345,000 |
| Spangdahlem Air Base | $25,824,000 | |
| Romania | Campia Turzii | $130,500,000 |
SEC. 2903. Authorization of Appropriations.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for the military construction projects outside the United States authorized by this title as specified in the funding table in section 4602.