Division B — Military Construction Authorizations
B Military Construction Authorizations
Sec. 2002 Expiration of authorizations and amounts required to be specified by law
Sec. 2003 Effective date
XXI Army Military Construction
Sec. 2101 Authorized Army construction and land acquisition projects
Sec. 2102 Family housing
Sec. 2103 Improvements to military family housing units
Sec. 2104 Authorization of appropriations, Army
Sec. 2105 Modification of authority to carry out certain fiscal year 2014 project
Sec. 2106 Modification of authority to carry out certain fiscal year 2015 project
Sec. 2107 Extension of authorization of certain fiscal year 2014 project
Sec. 2108 Extension of authorizations of certain fiscal year 2015 projects
Sec. 2109 Additional authority to carry out certain fiscal year 2000, 2005, 2006, and 2007 projects
XXII Navy Military Construction
Sec. 2201 Authorized Navy construction and land acquisition projects
Sec. 2202 Family housing
Sec. 2203 Improvements to military family housing units
Sec. 2204 Authorization of appropriations, Navy
Sec. 2205 Extension of authorizations for certain fiscal year 2014 projects
Sec. 2206 Extension of authorizations of certain fiscal year 2015 projects
XXIII Air Force Military Construction
Sec. 2301 Authorized Air Force construction and land acquisition projects
Sec. 2302 Family housing
Sec. 2303 Improvements to military family housing units
Sec. 2304 Authorization of appropriations, Air Force
Sec. 2305 Modification of authority to carry out certain fiscal year 2017 projects
Sec. 2306 Extension of authorizations of certain fiscal year 2015 projects
XXIV Defense Agencies Military Construction
Sec. 2401 Authorized Defense Agencies construction and land acquisition projects
Sec. 2402 Authorized energy resiliency and conservation projects
Sec. 2403 Authorization of appropriations, Defense Agencies
Sec. 2404 Modification of authority to carry out certain fiscal year 2017 project
Sec. 2405 Extension of authorizations of certain fiscal year 2014 projects
Sec. 2406 Extension of authorizations of certain fiscal year 2015 projects
XXV International Programs
A North Atlantic Treaty Organization Security Investment Program
Sec. 2501 Authorized NATO construction and land acquisition projects
Sec. 2502 Authorization of appropriations, NATO
B Host Country In-Kind Contributions
Sec. 2511 Republic of Korea funded construction projects
Sec. 2512 Modification of authority to carry out certain fiscal year 2017 projects
XXVI Guard and Reserve Forces Facilities
A Project Authorizations and Authorization of Appropriations
Sec. 2601 Authorized Army National Guard construction and land acquisition projects
Sec. 2602 Authorized Army Reserve construction and land acquisition projects
Sec. 2603 Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
Sec. 2604 Authorized Air National Guard construction and land acquisition projects
Sec. 2605 Authorized Air Force Reserve construction and land acquisition projects
Sec. 2606 Authorization of appropriations, National Guard and Reserve
B Other Matters
Sec. 2611 Modification of authority to carry out certain fiscal year 2015 project
Sec. 2612 Extension of authorizations of certain fiscal year 2014 projects
Sec. 2613 Extension of authorizations of certain fiscal year 2015 projects
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
Sec. 2702 Prohibition on conducting additional base realignment and closure (BRAC) round
XXVIII Military Construction General Provisions
A Military Construction Program and Military Family Housing
Sec. 2801 Elimination of written notice requirement for military construction activities and reliance on electronic submission of notifications and reports
“(f) Notice and wait requirements—The Secretary concerned may enter into a contract under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a justification of the need for the facility covered by the proposed contract, including an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed contract is cost effective when compared with alternative means of furnishing the same facility.”
“(1) The Secretary concerned may enter into a lease under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a justification of the need for the facility covered by the proposed lease, including an economic analysis (based upon accepted life-cycle costing procedures) that demonstrates the cost effectiveness of the proposed lease compared with a military construction project for the same facility.”
“(g) Notice and wait requirements—The Secretary of the Navy may carry out a transaction authorized by this section only after the end of the 20-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the transaction, including a detailed description of the transaction and a justification for the transaction specifying the manner in which the transaction will meet the purposes of this section.”
“(2) The Secretary concerned may waive the limitations contained in paragraph (1)”
“(b) Notice and wait requirements—A contract to carry out a relocation of military family housing units under subsection (a) may be awarded only after 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, to the appropriate committees of Congress notice of the proposed new locations of the housing units to be relocated and the estimated cost of and source of funds for the relocation.”
“(g) Notice and wait requirements—A contract may be entered into for the lease of housing facilities under this section only after the end of the 14-day period beginning on the date on which the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed contract is cost-effective when compared with alternative means of furnishing the same housing facilities.”
“(c) Notice and Wait Requirements
“(1) The Secretary concerned may enter into an agreement to convey a family housing facility under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notice containing a justification for the conveyance under the agreement.
“(2) A notice under paragraph (1) shall include—
“(A) an estimate of the consideration to be provided the United States under the agreement;
“(B) an estimate of the cost of repairing the family housing facility to be conveyed; and
“(C) an estimate of the cost of replacing the family housing facility to be conveyed.”
“(4) The report shall be submitted in an electronic medium pursuant to section 480 of this title not later than 21 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease.”
Sec. 2802 Modification of thresholds applicable to unspecified minor construction projects
Sec. 2803 Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities
“(f) Adjustment of dollar limitations for location
“(1) Adjustment of limitations—Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project inside the United States to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project, except that no limitation specified in this section may exceed $10,000,000 as the result of any adjustment made under this paragraph.
“(2) Location of projects—For purposes of paragraph (1), a project shall be considered to be inside the United States if the project is carried out in any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands.
“(3) Sunset—The requirements of this subsection shall not apply with respect to any fiscal year after fiscal year 2022.”
Sec. 2804 Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States
Sec. 2805 Use of operation and maintenance funds for military construction projects to replace facilities damaged or destroyed by natural disasters or terrorism incidents
“(c)
“(1) In using the authority described in subsection (a) to carry out a military construction project to replace a facility, including a family housing facility, that has been damaged or destroyed, the Secretary concerned may use appropriations available for operation and maintenance if—
“(A) the damage or destruction to the facility was the result of a natural disaster or a terrorism incident; and
“(B) the Secretary submits a notification to the appropriate committees of Congress of the decision to carry out the replacement project, and includes in the notification—
“(i) the current estimate of the cost of the replacement project;
“(ii) the source of funds for the replacement project;
“(iii) in the case of damage to a facility rather than destruction, a certification that the replacement project is more cost-effective than repair or restoration; and
“(iv) a certification that deferral of the replacement project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be.
“(2) A replacement project under this subsection may be carried out only after the end of the 7-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title.
“(3) The maximum aggregate amount that the Secretary concerned may obligate from appropriations available for operation and maintenance in any fiscal year for replacement projects under the authority of this subsection is $50,000,000.”
Sec. 2806 Annual report on unfunded requirements for laboratory military construction projects
B Real Property and Facilities Administration
Sec. 2811 Elimination of written notice requirement for military real property transactions and reliance on electronic submission of notifications and reports
“(3) The authority of the Secretary concerned to enter into a transaction described in paragraph (1) commences only after the end of the 14-day period beginning on the first day of the first month beginning on or after the date on which the report containing the facts concerning such transaction, and all other such proposed transactions for that month, is provided in an electronic medium pursuant to section 480 of this title.”
“(e) Notice and wait requirements—The Secretary concerned may not approve of the reconveyance of real property under subsection (c) or grant the release of a covenant under subsection (d) until after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notice of the proposed reconveyance or release.”
Sec. 2812 Certification related to certain acquisitions or leases of real property
“(5) For purposes of paragraph (2), the certification described in this paragraph with respect to an acquisition or lease of real property is a certification that the Secretary concerned—
“(A) evaluated the feasibility of using space in property under the jurisdiction of the Department of Defense to satisfy the purposes of the acquisition or lease; and
“(B) determined that—
“(i) space in property under the jurisdiction of the Department of Defense is not reasonably available to be used to satisfy the purposes of the acquisition or lease;
“(ii) acquiring the property or entering into the lease would be more cost-effective than the use of the Department of Defense property; or
“(iii) the use of the Department of Defense property would interfere with the ongoing military mission of the property.”
Sec. 2813 Increased term limit for intergovernmental support agreements to provide installation support services
Sec. 2814 Authorizing reimbursement of States for costs of suppressing wildfires caused by Department of Defense activities on State lands; restoration of lands of other Federal agencies for damage caused by Department of Defense vehicle mishaps
“(d) Wildland fires on state land—The Secretary of Defense may, in any lease, permit, license, or other grant of access for use of lands owned by a State, agree to reimburse the State for the reasonable costs of the State in suppressing wildland fires caused by the activities of the Department of Defense under such lease, permit, license, or other grant of access.
“(e) Restoration of land damaged by mishap
“(1) When land under the administrative jurisdiction of a Federal agency that is not a part of the Department of Defense is damaged as the result of a mishap involving a vessel, aircraft, or vehicle of the Department of Defense, the Secretary of Defense may, with the consent of the Federal agency, restore the land.
“(2) When land under the administrative jurisdiction of the Department of Defense or a military department is damaged as the result of a mishap involving a vessel, aircraft, or vehicle of a Federal agency that is not a part of the Department of Defense, the head of the Federal agency under whose control the vessel, aircraft, or vehicle was operating may, with the consent of the Department of Defense, restore the land.”
Sec. 2815 Criteria for exchanges of property at military installations
“(2) Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned—
“(A) that is located on a military installation that is closed or realigned under a base closure law; or
“(B) that is located on a military installation not covered by subparagraph (A) and for which the Secretary concerned makes a determination that the conveyance under paragraph (1) is advantageous to the United States.”
Sec. 2816 Land exchange valuation of property with reduced development that limits encroachment on military installations
“(b) Conditions on conveyance authority
“(1) The fair market value of the land to be obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the land is less than the fair market value of the real property to be conveyed, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values.
“(2) In the case of a conveyance of real property to a political subdivision of a State, the value of the real property to be conveyed by the Secretary concerned under subsection (a) may exceed the fair market value of the land to be obtained, as determined under paragraph (1), by an amount not to exceed the reduction in value of the land which is attributable to voluntary zoning actions taken by such political subdivision to limit encroachment on a military installation, but only if the notice required by subsection (d)(2) contains—
“(A) a certification by the Secretary concerned that the military value to the United States of the land to be acquired justifies a payment in excess of the fair market value; and
“(B) a description of the military value to be obtained.”
Sec. 2817 Requirements for window fall prevention devices in military family housing
“2879. Window fall prevention devices in military family housing units
“(a) Requiring use of devices on certain windows
“(1) Requirement—The Secretary concerned shall ensure that if a window in any military family housing unit acquired or constructed under this chapter is described in subsection (b), including a window designed for emergency escape or rescue, the window is equipped with fall prevention devices that protect against unintentional window falls by young children and that are in compliance with applicable International Building Code (IBC) standards.
“(2) Effective date—Paragraph (1) shall apply with respect to the following military family housing units:
“(A) A unit for which the contract for the construction of the unit is first entered into on or after the date of the enactment of this section.
“(B) Any other unit which is subject to a whole-house renovation project for which the contract is entered into on or after September 1, 2018.
“(b) Windows described—A window is described in this subsection if the bottom sill of the window is within 24 inches of the floor, as measured in the interior of the unit, and is more than 72 inches above the ground, as measured on the exterior grade of the building.
“(c) Record of incidents; annual report—The Secretary concerned shall keep a record of each incident (as defined in Department of Defense Instruction 6055.7 series) in which a minor child is injured or killed as the result of an unintentional window fall in a military family housing unit. Not later than 90 days after the end of each calendar year (beginning with 2017), the Secretary of Defense shall submit a report to the Committees on Armed Services of the House of Representatives and Senate on all such window falls occurring in the previous year.”
Sec. 2818 Prohibiting use of updated assessment of public schools on Department of Defense installations to supersede funding of certain projects
“(3) Prohibiting use of updated assessment to supersede funding of certain remaining projects—In determining which projects will be funded under the programs described in paragraph (2), the Secretary may not, on the basis of the updated assessment described in paragraph (1), supersede the funding of any of the remaining projects which were included among the 33 projects for which Secretary assigned the highest priority for receiving funds under the assessment of the capacity and facility condition deficiencies of elementary and secondary public schools on military installations conducted by the Secretary in July 2011 under section 8109 of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112–10; 125 Stat. 82).”
Sec. 2819 Access to military installations by transportation network companies
“(1) Transportation company—The term transportation company means a corporation, partnership, sole proprietorship, or other entity outside of the Department of Defense that provides a commercial transportation service to a rider.
“(2) Transportation network company—The term transportation network company—
“(A) means a corporation, partnership, sole proprietorship, or other entity, that uses a digital network to connect riders to covered drivers in order for the driver to transport the rider using a vehicle owned, leased, or otherwise authorized for use by the driver to a point chosen by the rider; and
“(B) does not include a shared-expense carpool or vanpool arrangement that is not intended to generate profit for the driver.”
C Project Management and Oversight Reforms
Sec. 2821 Notification requirement for certain cost increases
“(f)
“(1) In addition to the notification sent under paragraph (1) of subsection (c) of a cost increase with respect to a project, the Secretary concerned shall provide an additional report notifying the congressional defense committees and the Comptroller General of the United States of any military construction project or military family housing project with a total authorized cost greater than $40,000,000 that has a cost increase of 25 percent or more.
“(2) The report under paragraph (1) shall include the following—
“(A) A description of the specific reasons for the cost increase and the specific organizations and individuals responsible.
“(B) A description of any ongoing or completed proceedings or investigation into a government employee, prime contractor, subcontractor, or non-governmental organization that may be responsible for the cost increase, and the status of such proceeding or investigation.
“(C) If any proceeding or investigation identified in subparagraph (B) resulted in final judicial or administrative action, the following:
“(i) In the case of a judicial or administrative action taken against a government employee, the report shall identify the individual’s organization, position within the organization, and the action taken against the individual, but shall exclude personally identifiable information about the individual.
“(ii) In the case of a judicial or administrative action taken against a prime contractor, subcontractor, or non-governmental organization, the report shall identify the prime contractor, subcontractor, or non-governmental organization and the action taken against the prime contractor, subcontractor, or non-governmental organization.
“(D) A summary of any changes the Secretary concerned believes may be required to the organizational structure, project management and oversight practices, policy, or authorities of a government organization involved in military construction projects as a result of problems identified and lessons learned from the project.
“(3) If any proceeding or investigation described in paragraph (2)(C) is still ongoing at the time the Secretary concerned submits the report under paragraph (1), the Secretary shall provide a supplemental report to the congressional defense committees and the Comptroller General of the United States not later than 30 days after such proceeding or investigation has been completed. If such proceeding or investigation resulted in final judicial or administrative action against a government employee, prime contractor, subcontractor, or non-governmental organization, the Secretary shall include in the supplemental report the information required by paragraph (2)(C).
“(4) Each report under this subsection shall be cosigned by the senior engineer authorized to supervise military construction projects and military family housing projects under section 2851(a).
“(5) The Secretary shall send the report required under paragraph (1) with respect to a project not later than 180 days after the Secretary sends to the appropriate committees of Congress the notification under paragraph (1) of subsection (c) of a cost increase with respect to the project.
“(6) The Comptroller General of the United States shall review each report submitted under this subsection and validate or correct as necessary the information provided.”
Sec. 2822 Annual report on schedule delays
“(d) Annual report on schedule delays—Not later than March 1 of each year (beginning with 2018), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on each military construction project or military family housing project for which, as of the end of the most recent fiscal year, the estimated completion date is more than 1 year later than the completion date proposed at the time the contract for the project was awarded.”
Sec. 2823 Report on design errors and omissions related to Fort Bliss hospital replacement project
Sec. 2824 Report on cost increase and delay related to USSTRATCOM command and control facility project at Offutt Air Force Base
D Energy Resilience
Sec. 2831 Energy resilience
“(a) General energy policy—The Secretary of Defense shall ensure the readiness of the armed forces for their military missions by pursuing energy security and energy resilience.
“(b) Authorities—In order to achieve the policy set forth in subsection (a), the Secretary of Defense may—
“(1) require the Secretary of a military department to establish and maintain an energy resilience master plan for an installation;
“(2) authorize the use of energy security and energy resilience, including the benefits of on-site generation resources that reduce or avoid the cost of backup power, as factors in the cost-benefit analysis for procurement of energy; and
“(3) in selecting facility energy projects that will use renewable energy sources, pursue energy security and energy resilience by giving favorable consideration to projects that provide power directly to a military facility or into the installation electrical distribution network.”
“(2) Opportunities to enhance energy resilience to ensure the Department of Defense has the ability to prepare for and recover from energy disruptions that impact mission assurance on military installations.”
“(13) Opportunities to leverage third-party financing to address installation energy needs.”
“(6) Energy resilience—The term energy resilience means the ability to avoid, prepare for, minimize, adapt to, and recover from anticipated and unanticipated energy disruptions in order to ensure energy availability and reliability sufficient to provide for mission assurance and readiness, including task critical assets and other mission essential operations related to readiness, and to execute or rapidly reestablish mission essential requirements.
“(7) Energy security—The term energy security means having assured access to reliable supplies of energy and the ability to protect and deliver sufficient energy to meet mission essential requirements.”
Sec. 2832 Authority to use energy cost savings for energy resilience, mission assurance, and weather damage repair and prevention measures
Sec. 2833 Consideration of energy security and energy resilience in awarding energy and fuel contracts for military installations
“(d) The Secretary concerned shall prioritize energy security and resilience.”
Sec. 2834 Requirement to address energy resilience in exercising utility system conveyance authority
“(3) The Secretary concerned may require in any contract for the conveyance of a utility system (or part of a utility system) under subsection (a) that the conveyee manage and operate the utility system in a manner consistent with energy resilience requirements and metrics provided to the conveyee to ensure that the reliability of the utility system meets mission requirements.
“(4) The Secretary of Defense, in consultation with the Secretaries of the military departments, shall include in the installation energy report submitted under section 2925(a) of this title a description of progress in meeting energy resilience metrics for all conveyance contracts entered into pursuant to this section.”
Sec. 2835 In-kind lease payments; prioritization of utility services that promote energy resilience
Sec. 2836 Annual Department of Defense energy management reports
“(3) Details of all utility outages impacting energy resilience at military installations (excluding planned outages for maintenance reasons), whether caused by on- or off-installation disruptions, including the total number and location of outage, the duration of the outage, the financial impact of the outage, whether or not the mission was impacted, the mission requirements associated with disruption tolerances based on risk to mission, the responsible authority managing the utility, and measure taken to mitigate the outage by the responsible authority.”
“(4) Details of a military installation’s total energy requirements and critical energy requirements, and the current energy resilience and emergency backup systems servicing critical energy requirements, including, at a minimum—
“(A) energy resilience and emergency backup system power requirements;
“(B) the critical missions, facility, or facilities serviced;
“(C) system service life;
“(D) capital, operations, maintenance, and testing costs; and
“(E) other information the Secretary determines necessary.”
Sec. 2837 Aggregation of energy efficiency and energy resilience projects in life cycle cost analyses
E Land Conveyances
Sec. 2841 Land exchange, Naval Industrial Reserve Ordnance Plant, Sunnyvale, California
Sec. 2842 Land conveyance, Mountain Home Air Force Base, Idaho
Sec. 2843 Lease of real property to the United States Naval Academy Alumni Association and Naval Academy Foundation at United States Naval Academy, Annapolis, Maryland
Sec. 2844 Land Conveyance, Natick Soldier Systems Center, Massachusetts
Sec. 2845 Land exchange, Naval Air Station Corpus Christi, Texas
Sec. 2846 Imposition of additional conditions on future use of Castner Range, Fort Bliss, Texas
“(e) Additional conditions on future use of Castner Range
“(1) Conditions—To protect and conserve ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources within the real property described in subsection (a), subject to rights and improvements in existence as of December 31, 2017, there shall be no commercial enterprise, no permanent road, no temporary road, no use of motor vehicles or motorized equipment, no landing of aircraft, no other form of mechanical transport, and no structure, building or installation of any kind, except measures required to protect the health and safety of persons.
“(2) Applicability of conditions
“(A) Paragraph (1) applies to use of the real property by the Secretary or any successor in interest including the head of another federal agency or a non-federal entity.
“(B) The Secretary, or head of any other federal agency, shall include the conditions set forth in paragraph (1) in the conveyance authorized by subsection (a), or any conveyance of the property described in subsection (a), or any portion thereof, to any other non-federal entity.
“(3) Noncompliance—Subsection (b) shall apply to a determination by the Secretary, or head of any other federal agency, that a non-federal entity to whom the property described in subsection (a) or any portion thereof has been conveyed, or any successor in interest, has not complied with paragraph (1).
“(4) Military munitions—The Secretary shall conduct military munitions response actions on the real property described in subsection (a) in accordance with the Comprehensive Environmental Response Compensation and Liability Act of 1980 and consistent with the limited recreational, non-residential, non-commercial conditions on future use set forth in paragraph (1). These munitions response actions shall also minimize disturbance of natural and cultural resources present on the real property described in subsection (a).”