Sec. 2001 Short title
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2014”.
Division B — Military construction authorizations
B Military construction authorizations
Sec. 2002 Expiration of authorizations and amounts required to be specified by law
Expiration of authorizations after three years— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
October 1, 2016; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2017.
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, 2016; or
the date of the enactment of an Act authorizing funds for fiscal year 2017 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
XXI Army military construction
Sec. 2101 Authorized Army construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(1) and available for military construction projects inside the United States as specified in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(2) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2102 Family housing
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(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 installation, in the number of units, and in the amount set forth in the following table:
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(5)(A), 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 $4,408,000.
Sec. 2103 Authorization of appropriations, Army
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $1,660,154,000 as follows:
For military construction projects inside the United States authorized by section 2101(a), $882,300,000.
For military construction projects outside the United States authorized by section 2101(b), $96,000,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $25,000,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $74,575,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $27,408,000.
For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $512,871,000.
For the construction of increment 2 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119), $42,000,000.
Sec. 2104 Modification of authority to carry out certain fiscal year 2011 project
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4437) for Fort Lewis, Washington, for construction of a Regional Logistic Support Complex at the installation, the Secretary of the Army may construct up to 98,381 square yards of Organizational Vehicle Parking.
Sec. 2105 Modification of authority to carry out certain fiscal year 2010 project
In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2629) for Camp Arifjan, Kuwait, for construction of APS Warehouses at the camp, the Secretary of the Army may construct up to 74,976 square meters of hardstand parking, 22,741 square meters of access roads, a 6 megawatt power plant, and 50,724 square meters of humidity-controlled warehouses.
Sec. 2106 Modification of authority to carry out certain fiscal year 2004 project
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1697) for Picatinny Arsenal, New Jersey, for construction of an Explosives Research and Development Loading Facility at the installation, the Secretary of the Army may use available unobligated balances of amounts appropriated for military construction for the Army to complete work on the project within the scope specified for the project in the justification data provided to Congress as part of the request for authorization of the project.
Sec. 2107 Extension of authorizations of certain fiscal year 2011 projects
Extensions— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (124 Stat. 4437), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later:
Table— The table referred to in subsection (a) is as follows:
Sec. 2108 Extension of authorizations of certain fiscal year 2010 projects
Extensions— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2627), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (123 Stat. 2628), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2109 Limitation on construction of cadet barracks at United States Military Academy, New York
No amounts may be obligated or expended for the construction of increment 2 of the Cadet Barracks at the United States Military Academy, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2119) until the Secretary of the Army certifies to the congressional defense committees that the Secretary has entered into a contract for the renovation of MacArthur Short Barracks at the United States Military Academy, consistent with the plan provided to the congressional defense committees in March 2013.
XXII Navy military construction
Sec. 2201 Authorized Navy construction and land acquisition projects
Inside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(1) and available for military construction projects inside the United States as specified in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(2) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:
Sec. 2202 Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(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 $4,438,000.
Sec. 2203 Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(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 $68,969,000.
Sec. 2204 Authorization of appropriations, Navy
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,077,847,000, as follows:
For military construction projects inside the United States authorized by section 2201(a), $1,205,054,000.
For military construction projects outside the United States authorized by section 2201(b), $275,092,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $19,740,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $89,830,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $73,407,000.
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $389,844,000.
For the construction of increment 3 of the Explosives Handling Wharf No. 2 at Kitsap, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), as modified by section 2205 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2124) $24,880,000.
Sec. 2205 Modification of authority to carry out certain fiscal year 2012 project
In the case of the authorization contained in the table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1666), for Kitsap Washington, for construction of Explosives Handling Wharf No. 2 at that location, the Secretary of the Navy may construct new hardened facilities in lieu of hardening existing structures and may construct a new facility to replace the existing Coast Guard Maritime Force Protection Unit and the Naval Undersea Warfare Command unhardened facilities using appropriations available for the project.
Sec. 2206 Modification of authority to carry out certain fiscal year 2011 project
In the case of the authorization contained in the table in section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4441), for Southwest Asia, Bahrain, for construction of Navy Central Command Ammunition Magazines at that location, the Secretary of the Navy may construct additional Type C earth covered magazines (to provide a project total of 18), 10 new modular storage magazines, an inert storage facility, a maintenance and ground support equipment facility, concrete pads for portable ready service lockers, and associated supporting facilities using appropriations available for the project.
Sec. 2207 One-year extension of authorizations of certain fiscal year 2011 project
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2201 of that Act (124 Stat. 4441), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2208 Two-year extension of authorizations of certain fiscal year 2011 project
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2201 of that Act (124 Stat. 4441), shall remain in effect until October 1, 2015, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later.
Table— The table referred to in subsection (a) is as follows:
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 2304(1) and available for military construction projects inside the United States as specified in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2302 Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(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 $4,267,000.
Sec. 2303 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 2304(5)(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 $72,093,000.
Sec. 2304 Authorization of appropriations, Air Force
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,702,154,000, as follows:
For military construction projects inside the United States authorized by section 2301(a), $972,600,000.
For military construction projects outside the United States authorized by section 2301(b), $96,834,000.
For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $20,448,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $11,314,000.
For military family housing functions:
For construction and acquisition, planning and design, and improvement of military family housing and facilities, $76,360,000.
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $388,598,000.
For the construction of increment 3 of the United States Strategic Command Replacement Facility at Offutt Air Force Base, Nebraska, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of the Public Law 112–81; 125 Stat. 1670), $136,000,000.
Sec. 2305 Extension of authorizations of certain fiscal year 2011 project
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (124 Stat. 4444), shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
Table— The table referred to in subsection (a) is as follows:
XXIV Defense agencies military construction
A Defense agency authorizations
Sec. 2401 Authorized Defense Agencies construction and land acquisition projects
Inside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(1) and available for military construction projects inside the United States as specified in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(2) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2402 Authorized energy conservation projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(6) and available for military construction projects inside and outside the United States as specified in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of $150,000,000.
Sec. 2403 Authorization of appropriations, Defense Agencies
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $3,313,284,000, as follows:
For military construction projects inside the United States authorized by section 2401(a), $1,723,239,000.
For military construction projects outside the United States authorized by section 2401(b), $339,120,000.
For unspecified minor military construction projects under section 2805 of title 10, United States Code, $43,817,000.
For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000.
For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $237,838,000.
For energy conservation projects under chapter 173 of title 10, United States Code, $150,000,000.
For military family housing functions:
For support of military family housing (including functions described in section 2833 of title 10, United States Code), $55,845,000.
For credits to the Department of Defense Family Housing Improvement Fund under section 2883 of title 10, United States Code, and the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374), $1,780,000.
For the construction of increment 8 of the Army Medical Research Institute of Infectious Diseases Stage I at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2457), $13,000,000.
For the construction of increment 5 of the hospital at Fort Bliss, Texas, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2642), $100,000,000.
For the construction of increment 3 of the High Performance Computing Center at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1672), as amended by section 2404(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2131), $381,000,000.
For the construction of increment 3 of the Medical Center Replacement at Rhine Ordnance Barracks, Germany, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1673), as amended by section 2404(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2131), $76,545,000.
For the construction of increment 2 of the Ambulatory Care Center at Joint Base Andrews, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1673), $38,100,000.
For the construction of increment 2 of the NSAW Recapitalize Building #1 at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2127), $58,000,000.
For the construction of increment 2 of the Aegis Ashore Missile Defense System Complex at Deveselu, Romania, authorized by section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2128), $85,000,000.
B Chemical demilitarization authorizations
Sec. 2411 Authorization of appropriations, chemical demilitarization construction, Defense-wide
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the construction of phase XIV of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as most recently amended by section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B Public Law 111–383; 124 Stat. 4450), $122,536,000.
XXV North Atlantic Treaty Organization Security Investment Program
Sec. 2501 Authorized NATO construction and land acquisition projects
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
Sec. 2502 Authorization of appropriations, NATO
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $239,700,000.
XXVI Guard and reserve forces facilities
A Project authorizations and authorization of appropriations
Sec. 2601 Authorized Army National Guard construction and land acquisition projects
Inside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1) and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1) and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2602 Authorized Army Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(2) and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2603 Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3) and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2604 Authorized Air National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(4) and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2605 Authorized Air Force Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(5) and available for the National Guard and Reserve as specified in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2606 Authorization of appropriations, National Guard and Reserve
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts:
For the Department of the Army, for the Army National Guard of the United States, $320,815,000.
For the Department of the Army, for the Army Reserve, $174,060,000.
For the Department of the Navy, for the Navy and Marine Corps Reserve, $32,976,000.
For the Department of the Air Force, for the Air National Guard of the United States, $119,800,000.
For the Department of the Air Force, for the Air Force Reserve, $45,659,000.
B Other matters
Sec. 2611 Modification of authority to carry out certain fiscal year 2013 project
In the case of the authorization contained in the table in section 2603 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2135), for Fort Des Moines, Iowa, for construction of a Joint Reserve Center at that location, the Secretary of the Navy may, instead of constructing a new facility at Camp Dodge, acquire up to approximately 20 acres to construct a Joint Reserve Center and associated supporting facilities in the greater Des Moines, Iowa ,area using appropriations available for the project.
Sec. 2612 Extension of authorization of certain fiscal year 2011 project
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in section 2604 of such Act (124 Stat. 4454) for Nashville International Airport, Tennessee, shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2613 Extension of authorization of certain fiscal year 2011 project
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 4436), the authorization set forth in the table in subsection (b), as provided in section 2601 of that Act (124 Stat. 4452), for Camp Santiago, Puerto Rico, shall remain in effect until October 1, 2014, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015, whichever is later.
Table— The table referred to in subsection (a) is a follows:
XXVII Base realignment and closure activities
Sec. 2701 Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2013, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, in the total amount of $451,357,000, as follows:
For the Department of the Army, $180,401,000.
For the Department of the Navy, $144,580,000.
For the Department of the Air Force, $126,376,000.
Sec. 2702 Precondition for any future base realignment and closure round
No future Base Realignment and Closure round for military installations within the United Sates, its commonwealths, territories, and possessions for realignment or closure shall be authorized until, at the very earliest, the Department of Defense has completed and submitted to Congress a formal review of the overseas military facility structure, which incorporates overseas basing consolidations, an assessment of the need for bases to support overseas contingency operations, and the Department of Defense's Strategic Choices and Management Review.
Sec. 2703 Report on 2005 base closure and realignment joint basing initiative
In general— Not later than 180 days after the date of the enactment of this Act, the Deputy Under Secretary of Defense for Installations and Environment shall submit to the congressional defense committees a report on the 2005 base closure and realignment joint basing initiative.
Elements— The report required under subsection (a) shall include the following elements:
An analysis and explanation of the costs necessary to implement the joint basing initiative.
An analysis and explanation of any savings achieved to date and planned in future years, including quantifiable goals and a timeline for meeting such goals.
A description of implementation challenges and other lessons learned.
An assessment of any additional savings that could be achieved through more rigorous management and streamlined administration of joint bases.
Any other matters the Under Secretary considers appropriate.
XXVIII Military Construction General Provisions
A Military Construction Program and Military Family Housing Changes
Sec. 2801 Modification of authorities to fund military construction through payments-in-kind and to use residual value payments-in-kind
Authorization requirement for military construction projects funded through payment-in-kind contributions— Section 2802 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d)
“(1) The requirement under subsection (a) for military construction projects to be authorized by law includes military construction projects funded through payment-in-kind contributions pursuant to bilateral agreements with host countries, other than particular military construction projects specified in bilateral agreements entered into before the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014, and military construction projects accepted as payment-in-kind contributions for the residual value of improvements made by the United States at military installations released to the host country under section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–501; 10 U.S.C. 2687 note) .
“(2) The Secretary of Defense or the Secretary concerned shall include military construction projects covered under paragraph (1) in the budget justification documents for the Department of Defense submitted to Congress in connection with the budget submitted under 1105 of title 31.”
Restriction on use of payments-in-kind received as residual value payments— Section 2921(g) of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–501; 10 U.S.C. 2687 note) is amended to read as follows:
“(g) Use of payments-in-kind
“(1) A military construction project or facility improvement may be accepted as a payment-in-kind under this section only if such military construction project or facility improvement has been authorized by Congress.
“(2) Operating costs of United States forces may be funded through a payment-in-kind under this section only if the costs covered by such payment are included in the budget justification documents for the Department of Defense submitted to Congress in connection with the budget submitted under 1105 of title 31, United States Code.
“(3) If funds were previously appropriated for a military construction project, facility improvement, or operating costs subsequently paid for with payments-in-kind, the Secretary of Defense shall return to the Treasury funds in the amount equal to the value of the appropriated funds.”
Sec. 2802 Extension and modification of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States
Section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2804 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2149), is further amended—
in subsection (a), by striking “The Secretary” and all that follows through “conditions:” and inserting “The Secretary of Defense may obligate appropriated funds available for operation and maintenance to carry out, inside the area of responsibility of the United States Central Command or certain countries in the area of responsibility of United States Africa Command, a construction project that the Secretary determines meets each of the following conditions:”;
in subsection (c)(1), by striking “shall not exceed” and all that follows through the period at the end and inserting “shall not exceed $100,000,000 between October 1, 2013, and December 31, 2014”;
in subsection (h)—
in paragraph (1), by striking “September 30, 2013” and inserting “December 31, 2014”; and
in paragraph (2), by striking “fiscal year 2014” and inserting “fiscal year 2015”; and
by amending subsection (i) to read as follows:
“(i) Certain countries in the area of responsibility of United States Africa Command defined—In this section, the term certain countries in the area of responsibility of United States Africa Command means Kenya, Somalia, Ethiopia, Djibouti, Seychelles, Burundi, and Uganda.”
B Real Property and Facilities Administration
Sec. 2811 Authority for acceptance of funds to cover administrative expenses associated with real property leases and easements
Authority— Subsection (e)(1)(C) of section 2667 of title 10, United States Code, is amended by adding at the end the following new clause:
“(vi) Expenses incurred by the Secretary under this section and for easements under section 2668 of this title.”
Program expenses defined— Subsection (i) of such section is amended by adding at the end the following new paragraph:
“(4) The term program expenses includes expenses related to developing, assessing, negotiating, executing, and managing lease and easement transactions, but does not include Government personnel costs.”
Sec. 2812 Application of cash payments received for utilities and services
Section 2872a(c)(2) of title 10, United States Code, is amended—
by inserting “(A)” after “(2)”;
by striking “under paragraph (1) shall be” and all that follows through “was paid.” and inserting the following: “under paragraph (1) as reimbursement for the cost of furnishing utilities or services shall—
“(i) in the case of a cost paid using funds appropriated or otherwise made available before October 1, 2014, be credited to the appropriation or working capital account from which the cost of furnishing utilities or services concerned was paid; or
“(ii) in the case of a cost paid using funds appropriated or otherwise made available on or after October 1, 2014, be credited to the appropriation or working capital account currently available for the purpose of furnishing utilities or services under subsection (a).”
by striking “Amount so credited” and inserting the following:
“(B) Amounts so credited”
Sec. 2813 Modification of authority to enter into long-term contracts for receipt of utility services as consideration for utility systems conveyances
Section 2688(d)(2) of title 10, United States Code, is amended by inserting before the period at the end the following: “as determined by a business case analysis that includes an independent estimate of the level of investment that should be required to maintain adequate operation of the utility system over the term of the conveyance”.
Sec. 2814 Acquisition of real property at Naval Base Ventura County, California
Authority— The Secretary of the Navy may acquire all right, title, and interest to property and improvements at Naval Base Ventura County, California, constructed pursuant to the former section 2828(g) of title 10, United States Code, as added by section 801 of the Military Construction Act, 1984 (Public Law 98–115; 97 Stat. 782).
Use— Upon acquiring the real property under subsection (a), the Secretary may use the improvements as provided in sections 2835 and 2835a of title 10, United States Code.
C Provisions Related to Asia-Pacific Military Realignment
Sec. 2821 Realignment of Marines Corps forces in Asia-Pacific Region
Restriction on use of funds— Except as provided in subsection (c), none of the funds authorized to be appropriated under this Act, and none of the amounts provided by the Government of Japan for construction activities on land under the jurisdiction of the Department of Defense, may be obligated to implement the realignment of Marine Corps forces from Okinawa to Guam or Hawaii until each of the following occurs:
The Commander of the United States Pacific Command provides to the congressional defense committees an assessment of the strategic and logistical resources needed to ensure the distributed lay-down of members of the Marine Corps in the United States Pacific Command Area of Responsibility meets the contingency operations plans.
The Secretary of Defense submits to the congressional defense committees master plans for the construction of facilities and infrastructure to execute the Marine Corps distributed lay-down on Guam and Hawaii, including a detailed description of costs and the schedule for such construction.
The Secretary of the Navy submits a plan to the congressional defense committees detailing the proposed investments and schedules required to restore facilities and infrastructure at Marine Corps Air Station Futenma.
A plan coordinated by all pertinent Federal agencies is provided to the congressional defense committees detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the non-military utilities, facilities, and infrastructure, if any, on Guam affected by the realignment of forces.
Restriction on development of public infrastructure— If the Secretary of Defense determines that any grant, cooperative agreement, transfer of funds to another Federal agency, or supplement of funds available in fiscal year 2014 under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replacement, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure on Guam, the Secretary of Defense may not carry out such grant, transfer, cooperative agreement, or supplemental funding unless such grant, transfer, cooperative agreement, or supplemental funding is specifically authorized by law.
Exceptions to restriction on use of funds— The Secretary of Defense may use funds described in subsection (a)—
to complete additional analysis or studies required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for proposed actions on Guam or Hawaii;
to initiate planning and design of construction projects at Andersen Air Force Base and Andersen South; and
to carry out any military construction project for which an authorization of appropriations is provided in section 2204, as specified in the funding table in section 4601.
Definitions— In this section:
Distributed lay-down— The term distributed lay-down refers to the planned distribution of members of the Marine Corps in Okinawa, Guam, Hawaii, Australia, and possibly elsewhere that is contemplated in support of the joint statement of the United States–Japan Security Consultative Committee issued April 26, 2012, in the District of Columbia (April 27, 2012, in Tokyo).
Public infrastructure— The term public infrastructure means any utility, method of transportation, item of equipment, or facility under the control of a public entity or State or local government that is used by, or constructed for the benefit of, the general public.
Sec. 2822 Modification of reporting requirements relating to Guam realignment
Section 2835(e)(1) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2675; 10 U.S.C. 2687 note) is amended—
by striking “calendar year” and inserting “fiscal year”;
by striking “such year” and inserting “such fiscal year”; and
by striking “the year” and inserting “the fiscal year”.
D Land Conveyances
Sec. 2831 Land conveyance Joint Base Pearl Harbor Hickam, Hawaii
Conveyances authorized— The Secretary of the Navy may convey to the Hale Keiki School all right, title, and interest of the United States, or any portion thereof, in and to certain real property, including any improvements thereon, consisting of approximately 11 acres located at or in the nearby vicinity of 153 Bougainville Drive, Honolulu, Hawaii (City and County of Honolulu Tax Map Key No. 9–9–02:37), which is part of the Joint Base Pearl Harbor-Hickam, before such real property, or any portion thereof, is made available for transfer pursuant to the Hawaiian Home Lands Recovery Act (title II of Public Law 104–42; 109 Stat. 357), for use by any other Federal agency, or for disposal under applicable laws.
Consideration— As consideration for a conveyance under subsection (a), the Hale Keiki School shall provide the United States, whether by cash payment, in-kind consideration described in section 2667(c) of title 10, United States Code, or a combination thereof, an amount that is not less than the fair market value of the conveyed property, as determined pursuant to an appraisal acceptable to the Secretary.
Exercise of right to purchase property—
Acceptance of offer— For a period of 180 days beginning on the date the Secretary makes a written offer to convey the property or any portion thereof under subsection (a), the Hale Keiki School shall have the exclusive right to accept such offer by providing written notice of acceptance to the Secretary within the specified 180-day time period. If the Secretary’s offer is not so accepted within the 180-day period, the offer shall expire.
Conveyance deadline— If the Hale Keiki School accepts the offer to convey the property or a portion thereof in accordance with paragraph (1), the conveyance shall take place not later than 2 years after the date of the Hale Keiki School's written acceptance, provided that the conveyance date may be extended for a reasonable period of time by mutual agreement of the parties, evidenced by a new lease or license executed by the parties prior to the end of the 2-year period.
Payment of costs of conveyances—
Payment required— The Secretary shall require the Hale Keiki School to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out a conveyance under subsection (a), including survey costs, related to the conveyance. If amounts are collected from the Hale Keiki School 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 Hale Keiki School. The Secretary may collect the costs from the Hale Keiki School in advance of incurring any costs and may pay the administrative costs of processing the conveyance as they are incurred or at any time thereafter.
Assumption of risk of paying costs of conveyance— In the event that the conveyance is not completed by the deadline set forth in subsection (c)(2), the amounts collected from the Hale Keiki School will not be refunded or reimbursed and the Hale Keiki School shall be considered to have assumed the risk of paying all costs of processing the conveyance after the offer has been accepted by the Hale Keiki School, regardless of whether or not the conveyance is ever actually completed.
Treatment of amounts received— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out a conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Description of property— The exact acreage and legal description of any real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
Additional term and conditions— The Secretary may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2832 Mt. Soledad Veterans Memorial transfer
Authority to convey mt. soledad veterans memorial, san diego, california— Subject to subsection (b), the Secretary of Defense may convey to an eligible entity as provided in this section all right, title, and interest of the United States in and to the Mt. Soledad Veterans Memorial (in this section referred to as the “Memorial”).
Limitations—
Price— The Secretary shall select by public bid the eligible entity to which the Memorial is to be conveyed under subsection (a). The Secretary shall use good faith efforts to ensure the greatest possible return on such conveyance considering the conditions required under paragraph (2).
Conditions on conveyance— The conveyance of the Memorial under subsection (a) shall be subject to the following conditions:
That the eligible entity to which the Memorial is conveyed accepts the Memorial in its condition at the time of the conveyance, commonly known as conveyance “as is”, and agrees to indemnify and hold the United States harmless from any liability resulting from the period of ownership of the Memorial by the United States.
That the Memorial shall be maintained and used as a veterans memorial in perpetuity.
That if the Secretary determines at any time that the Memorial is not being used as a veterans memorial, all right, title, and interest in and to the Memorial, including any improvements thereto, 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 unto the Memorial, without any right of compensation to the owner or any other person.
Land exchange— Notwithstanding paragraph (1), if no eligible entity makes an acceptable bid for the Memorial or the Secretary determines, in the Secretary’s sole discretion, that a land exchange would be more beneficial to the United States, the Secretary may convey the Memorial to an eligible entity in exchange for real property of at least equal value if the real property offered in exchange is located adjacent to other real property of the United States and the Federal agency exercising administrative jurisdiction over that other real property agrees to accept administrative jurisdiction over the real property offered in exchange.
Treatment of amounts received—
Reimbursement of costs of conveyance— The Secretary shall use any funds received from the conveyance under subsection (a) to reimburse the Secretary for costs incurred by the Secretary to carry out the conveyance, including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. Amounts to reimburse those costs from funds so received shall be credited to the fund or account that was used to cover those costs. 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.
Deposit of balance— The remainder of such funds, if any, shall be deposited into the account used to pay for the acquisition of the Memorial by the United States.
Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a), and, in the case of a land exchange under subsection (b)(3), the real property offered in exchange, shall be determined by a survey satisfactory to the Secretary.
Additional terms and conditions— The Secretary 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.
Exemption from historic preservation requirements— Sections 106 and 110 of the National Historic Preservation Act (16 U.S.C. 470f, 470h–2) shall not apply to a conveyance under subsection (a).
Definitions— In this section:
Eligible entity— The term eligible entity means a non-governmental entity that has a history of involvement in veterans affairs and has demonstrated to the Secretary, in the Secretary’s sole discretion, that the entity has the capability to operate and maintain the Memorial in accordance with this section.
Mt. soledad veterans memorial— The term Mt. Soledad Veterans Memorial means the memorial in San Diego, California, acquired by the United States pursuant to the Act of August 14, 2006, entitled “An Act to preserve the Mt. Soledad Veterans Memorial in San Diego, California, by providing for the immediate acquisition of the memorial by the United States” (Public Law 109–272; 120 Stat. 770).
E Other matters
Sec. 2841 Redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies
Redesignation— The Department of Defense regional center for security studies known as the Asia-Pacific Center for Security Studies is hereby renamed the “Daniel K. Inouye Asia-Pacific Center for Security Studies”.
Conforming amendments—
Reference to regional centers for security studies— Subparagraph (B) of section 184(b)(2) of title 10, United States Code, is amended to read as follows:
“(B) The Daniel K. Inouye Asia-Pacific Center for Security Studies.”
Acceptance of gifts and donations— Subparagraph (B) of section 2611(a)(2) of such title is amended to read as follows:
“(B) The Daniel K. Inouye Asia-Pacific Center for Security Studies.”
References— Any reference to the Department of Defense Asia-Pacific Center for Security Studies in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Daniel K. Inouye Asia-Pacific Center for Security Studies.