2001. Short title
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2020”.
Division B — Military Construction Authorizations
B Military Construction Authorizations
2002. Expiration of authorizations and amounts required to be specified by law
Expiration of authorizations after five years— Except as provided in subsection (b), all authorizations contained in titles XXI through XXX (other than title XXVIII) 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, 2024; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025.
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, 2024; or
the date of the enactment of an Act authorizing funds for fiscal year 2025 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
2003. Effective date
XXI Army Military Construction
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:
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 the military construction project for the installation or location outside the United States, and in the amount, set forth in the following table:
Study of near-term facility alternatives to house high value detainees—
Study required— The Secretary of Defense shall conduct a study of alternatives to meet the near-term facility requirements to safely and humanely house high value detainees current detained at Naval Station Guantanamo Bay, Cuba. As part of the study, the Secretary shall consider the following alternatives:
The construction of new facilities.
The repair of current facilities.
The renovation and repurposing of other facilities at Naval Station Guantanamo Bay, Cuba.
Such other alternatives as the Secretary considers practicable.
Submission of results— Not later than 90 days 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 conducted under paragraph (1). The report shall be unclassified, but may include a classified annex.
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 installation, 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(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 $9,222,000.
2103. Authorization of appropriations, Army
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, 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.
2104. Modification of authority to carry out certain fiscal year 2019 projects
Anniston Army Depot, Alabama— In the case of the authorization contained in the table in section 2101(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2241) for Anniston Army Depot, Alabama, for construction of a weapon maintenance shop, as specified in the funding table in section 4601 of such Act (132 Stat. 2401), the Secretary of the Army may construct a 21,000-square foot weapon maintenance shop.
United States Military Academy, New York— The table in section 2101(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2241) is amended in the item relating to the United States Military Academy, New York, by striking “$160,000,000” and inserting “$197,000,000” for construction of a Consolidated Engineering Center and Parking Structure rather than the separate projects specified in the funding table in section 4601 of such Act (132 Stat. 2401).
XXII Navy Military Construction
2201. Authorized Navy construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(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:
Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(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:
2202. Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(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 $5,863,000.
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(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 $41,798,000.
2204. Authorization of appropriations, Navy
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, 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.
2205. Modification of authority to carry out certain fiscal year 2017 project
The table in section 2201(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2691) is amended in the item relating to Bangor, Washington, by striking “$113,415,000” and inserting “$161,415,000” for construction of a SEAWOLF Class Service Pier, as specified in the funding table in section 4601 of such Act (130 Stat. 2876).
XXIII Air Force Military Construction
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(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:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(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:
2302. Family housing
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, and in the amount, set forth in the following table:
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(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 $3,409,000.
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(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 $53,584,000.
2304. Authorization of appropriations, Air Force
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, 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 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.
2305. Modification of authorities to carry out phased Joint Intelligence Analysis Complex consolidation
Fiscal year 2015 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 2015 (Public Law 113–291; 128 Stat. 3679) for Royal Air Force Croughton, United Kingdom, for Phase 1 of the Joint Intelligence Analysis Complex consolidation, as specified in the funding table in section 4601 of such Act (128 Stat. 3973), the Secretary of the Air Force shall carry out the construction at Royal Air Force Molesworth, United Kingdom.
Fiscal year 2016 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 2016 (Public Law 114–92; 129 Stat. 1153), for Royal Air Force Croughton, United Kingdom, for Phase 2 of the Joint Intelligence Analysis Complex consolidation, as specified in the funding table in section 4601 of such Act (129 Stat. 1294), the Secretary of the Air Force may construct a 5,152-square meter Intelligence Analytic Center, a 5,234-square meter Intelligence Fusion Center, and a 807-square meter Battlefield Information Collection and Exploitation System Center at Royal Air Force Molesworth, United Kingdom.
Fiscal year 2017 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 2017 (Public Law 114–328; 130 Stat. 2697), for Royal Air Force Croughton, United Kingdom, for Phase 3 of the Joint Intelligence Analysis Complex consolidation, as specified in the funding table in section 4601 of such Act (130 Stat. 2878), the Secretary of the Air Force may construct a 1,562-square meter Regional Joint Intelligence Training Facility and a 4,495-square meter Combatant Command Intelligence Facility at Royal Air Force Molesworth, United Kingdom.
Conforming repeal— Section 2305 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2247) is repealed.
2306. Modification of authority to carry out certain fiscal year 2016 project
The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1152) is amended in the item relating to Nellis Air Force Base, Nevada, by striking “$68,950,000” and inserting “$72,050,000” for construction of F–35A Munitions Maintenance Facilities, as specified in the funding table in section 4601 of such Act (129 Stat. 1293).
2307. Modification of authority to carry out certain fiscal year 2017 project
The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2696) is amended in the item relating to Fairchild Air Force Base, Washington, by striking “$27,000,000” and inserting “$31,800,000” for construction of a SERE School Pipeline Dormitory, as specified in the funding table in section 4601 of such Act (130 Stat. 2878).
2308. Modification of authority to carry out certain fiscal year 2018 projects
Little rock air force base, Arkansas— The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1825) is amended in the item relating to Little Rock Air Force Base, Arkansas, by striking “$20,000,000” and inserting “$27,000,000” for construction of a dormitory facility, as specified in the funding table in section 4601 of such Act (131 Stat. 2002).
Joint base San Antonio, Texas— In the case of the authorization contained in the table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1826) for Joint Base San Antonio, Texas, the Secretary of the Air Force may construct—
a 750-square meter equipment building for construction of a Classrooms/Dining Facility, as specified in the funding table in section 4601 of such Act (131 Stat. 2003); and
a 636-square meter air traffic control tower for construction of an Air Traffic Control Tower, as specified in the funding table in section 4601 of such Act (131 Stat. 2003).
F.E. Warren Air Force Base, Wyoming— The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1825) is amended in the item relating to F.E. Warren Air Force Base, Wyoming, by striking “$62,000,000” and inserting “$80,100,000” for construction of a Consolidated Helo/TRF Ops/AMU and Alert Facility, as specified in the funding table in section 4601 of such Act (131 Stat. 2004).
Rygge air station, Norway— In the case of the authorization contained in the table in section 2903 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1876) for Rygge Air Station, Norway, for replacement/expansion of a Quick Reaction Alert Pad, as specified in the funding table in section 4602 of such Act (131 Stat. 2014), the Secretary of the Air Force may construct 1,327 square meters of aircraft shelter and a 404-square meter fire protection support building.
Incirlik air base, Turkey— In the case of the authorization contained in the table in section 2903 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1876) for Incirlik Air Base, Turkey, for Relocating Base Main Access Control Point, as specified in the funding table in section 4602 of such Act (131 Stat. 2015), the Secretary of the Air Force may construct a 176-square meter pedestrian search building.
2309. Modification of authority to carry out certain fiscal year 2019 projects
Hanscom air force base, Massachusetts— In the case of the authorization contained in the table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) for Hanscom Air Force Base, Massachusetts, for the construction of a semi-conductor/microelectronics laboratory facility, as specified in the funding table in section 4601 of such Act (132 Stat. 2405), the Secretary of the Air Force may construct a 1,000 kilowatt stand-by generator.
Minot Air Force Base, North Dakota— The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) is amended in the item relating to Minot Air Force Base, North Dakota, by striking “$66,000,000” and inserting “$71,500,000” for construction of a Consolidated Helo/TRF Ops/AMU and Alert Facility, as specified in the funding table in section 4601 of such Act (132 Stat. 2405).
Royal air force lakenheath, United Kingdom— In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, for the construction of an F–35A Dormitory, as specified in the funding table in section 4601 of such Act (132 Stat. 2405), the Secretary of the Air Force may construct a 5,900-square meter dormitory.
XXIV Defense Agencies Military Construction
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:
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 installations or locations outside the United States, and in the amounts, set forth in the following table:
2402. Authorized energy resiliency and energy conservation projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a), the Secretary of Defense may carry out energy resiliency and energy conservation projects under chapter 173 of title 10, United States Code, as specified in the funding table in section 4601.
2403. Authorization of appropriations, Defense Agencies
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, 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.
XXV International Programs
A North Atlantic Treaty Organization Security Investment Program
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.
2502. Authorization of appropriations, NATO
Authorization— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, 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.
B Host Country In-Kind Contributions
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:
XXVI Guard and Reserve Forces Facilities
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 locations inside the United States, and in the amounts, set forth in the following table:
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 locations inside the United States, and in the amounts, set forth in the following table:
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 locations inside the United States, and in the amounts, set forth in the following table:
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 locations inside the United States, and in the amounts, set forth in the following table:
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 Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
2606. Authorization of appropriations, National Guard and Reserve
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, 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.
2607. Review and report on construction of new, or maintenance of existing, direct fuel pipeline connections at Air National Guard and Air Force Reserve installations
Review required— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in conjunction with the Defense Logistics Agency, shall complete a review considering—
the need for, and benefits of, the construction of new, or maintenance of existing, direct fuel pipeline connections at Air National Guard and Air Force Reserve installations; and
the barriers, including funding needs and any inconsistent guidance and consideration of such projects by the Air Force, that may impede such projects.
Elements of review— The review required by subsection (a) shall include the following:
An analysis of the extent that the Air Force and Defense Logistics Agency have identified direct fuel pipeline projects as an effective and efficient way to enhance the ability of regular component, Air National Guard, and Air Force Reserve installations, to improve the readiness of affected units and help them to meet their mission requirements, including an assessment of how the Air National Guard and Air Force Reserve facilities, across all States and territories, can leverage such connections to better support current and emerging air refueling requirements.
An assessment of how direct fuel pipeline connections enhance the resiliency and efficiency of the installations and help meet existing Defense Logistics Agency requirements for secondary storage and other fuel requirements.
A list of Air National Guard and Air Force Reserve installations that currently do not have a direct connection pipeline but have access to such a pipeline within reasonable proximity (less than five miles) to the facility.
An overview and summary of the current process for considering such proposals, including the factors used to consider requests, including the weight provided to each factor and including a list of Air National Guard and Air Force Reserve installations that have sought funding for projects to create direct access to a national fuel pipeline or to maintain access to such pipelines over the last five years.
A list of the total instances in the past five years in which projects for direct fuel pipeline connections have been approved for regular component, Air National Guard, or Air Force Reserve installations, including the costs of each project and the justification for such approval.
A list of Air National Guard and Air Force Reserve installations with current pipeline connections that the Air Force or Defense Logistics Agency has determined should no longer be used, including—
an analysis of the justifications for each such determination, such as decisions to switch from pipelines to using trucks as the primary fuel delivery method;
an assessment of whether these determinations fairly weigh the costs and benefits of building or maintaining a pipeline tap as a practical primary or secondary fuel delivery method for the installation compared to railroad, barge terminal, or truck delivery; and
an assessment of whether these determinations fairly consider or weigh how direct fuel pipeline connections increase security for the fuel supply by reducing the threat of interruption, enhance mission reliability by providing access to greater fuel storage capability, and the ability of such projects once completed to better support the domestic and global operations of the Air National Guard or Air Force Reserve installation.
An assessment of how costs associated with each direct fuel pipeline connection project is considered by the Air Force or Defense Logistics Agency and the weight given to such costs in the final analysis.
An assessment of the effectiveness or usefulness of guidance or technical assistance provided to installations requesting or proposing direct fuel pipeline connection projects and recommend ways to provide additional assistance to ensure the Air Force and Defense Logistics Agency receive the most up to date information about the costs and benefits of proposed projects from installations.
An assessment of the available funding sources though the Air Force, Defense Logistics Agency, other Department of Defense entities, or other mechanisms, such as a public-private partnership or enhanced use lease, that can support direct fuel pipeline connection projects either in whole or in part.
An assessment of the extent to which direct fuel pipeline connection projects have been incorporated in any comprehensive plan the Air Force has developed or will develop regarding investments needed to improve Air National Guard, Air Force Reserve, and regular component installations to meet the Department's needs.
Final report— Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall provide a final report to the Committees on Armed Services of the Senate and the House of Representatives containing the results of the review required by subsection (a) and recommendations from the review on how the Air Force can better expedite and support the use of fuel pipelines at Air National Guard and Air Force Reserve installations. Such recommendations shall include options for accelerating the development and consideration of such projects where most feasible and appropriate, including whether costs savings could be obtained by including such projects as part of other related projects already authorized at an installation.
XXVII Base Realignment and Closure Activities
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, 2019, 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.
XXVIII Military Construction General Provisions
A Military Construction Program Changes
2801. Prohibition on use of military construction funds for construction of a wall, fence, or other physical barrier along the southern border of the United States
Prohibition— Military construction funds may not be obligated, expended, or otherwise used to design or carry out a project to construct, replace, or modify a wall, fence, or other physical barrier along the international border between the United States and Mexico.
Definitions— In this section:
Military construction funds— The term “military construction funds” means—
amounts authorized to be appropriated for a military construction project authorized in this division or authorized in any Military Construction Authorization Act for any of fiscal years 2015 through 2019, including any amounts of such an authorization made available to the Department of Defense and transferred to another authorization by the Secretary of Defense pursuant to transfer authority available to the Secretary; and
funds appropriated in any Act for a military construction project described in subparagraph (A).
Military construction project— The term “military construction project” has the meaning given that term in section 2801 of title 10, United States Code.
2802. 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 condition on source of funds— Section 2808(a) of title 10, United States Code, is amended—
in the second sentence—
by striking “Such projects may” and inserting the following:
“(b) Conditions on source of funds
“(1) Military construction projects to be undertaken using the construction authority described in subsection (a) may”
by inserting before the period at the end of the sentence the following: “and that the Secretary of Defense determines are otherwise unexecutable”; and
by adding after the second sentence the following:
“(2) For purposes of paragraph (1), the Secretary may determine that funds appropriated for military construction are unexecutable if—
“(A) a military construction project for which the funds were appropriated has been cancelled, for a reason other than to provide funds to carry out military construction under this section; or
“(B) the cost of a military construction project for which the funds were appropriated has been reduced because of project modifications or other cost savings, for a reason other than to provide funds to carry out military construction under this section.”
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 military family housing and ancillary supporting facility projects, to be canceled or deferred in order to provide funds to undertake construction projects using the construction authority described in subsection (a) and the possible impact of the cancellation or deferment of such military construction projects on military readiness and the quality of life of members of the armed forces and their dependents.”
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 appropriate committees of Congress.”
Clerical Amendments— Section 2808 of title 10, United States Code, is further amended—
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)”.
2803. Inclusion of information regarding military installation resilience in master plans for major military installations
Military installation resilience— Section 2864 of title 10, United States Code, is amended—
in subsection (a)(1), by inserting “military installation resilience,” after “master planning,”;
by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and
by inserting after subsection (b) the following new subsection:
“(c) Military installation resilience component—To address military installation resilience under subsection (a)(1), each installation master plan shall discuss the following:
“(1) Risks and threats to military installation resilience that exist at the time of the development of the plan and that are projected for the future, including from extreme weather events, mean sea level fluctuation, wildfires, flooding, and other changes in environmental conditions.
“(2) Assets or infrastructure located on the military installation vulnerable to the risks and threats described in paragraph (1), with a special emphasis on assets or infrastructure critical to the mission of the installation and the mission of members of the armed forces.
“(3) Lessons learned from the impacts of extreme weather events, including changes made to the military installation to address such impacts, since the prior master plan developed under this section.
“(4) Ongoing or planned infrastructure projects or other measures, as of the time of the development of the plan, to mitigate the impacts of the risks and threats described in paragraph (1).
“(5) Community infrastructure and resources located outside the installation (such as medical facilities, transportation systems, and energy infrastructure) that are—
“(A) necessary to maintain mission capability or that impact the resilience of the military installation; and
“(B) vulnerable to the risks and threats described in paragraph (1).
“(6) Agreements in effect or planned, as of the time of the development of the plan, with public or private entities for the purpose of maintaining or enhancing military installation resilience or resilience of the community infrastructure and resources described in paragraph (5).
“(7) Projections from recognized governmental and scientific entities such as the Census Bureau, the National Academies of Sciences, the United States Geological Survey, and the United States Global Change Research Office (or any similar successor entities) with respect to future risks and threats (including the risks and threats described in paragraph (1)) to the resilience of any project considered in the installation master plan during the 50-year lifespan of the installation.”
Report on master plans— Section 2864 of title 10, United States Code, is amended by inserting after subsection (c), as added by subsection (a), the following new subsection:
“(d) Report—Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report listing all master plans completed pursuant to this section in the prior calendar year.”
2804. Improved consultation with tribal governments when proposed military construction projects potentially impact Indian tribes
Section 2802 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(f)
“(1) If a proposed military construction project has the potential to significantly affect tribal lands, sacred sites, or tribal treaty rights, the Secretary concerned shall initiate consultation with the tribal government of each impacted Indian tribe—
“(A) to determine the nature, extent, and estimated costs of the adverse impacts;
“(B) to determine whether the adverse impacts can be avoided or mitigated in the design and implementation of the project; and
“(C) if the adverse impacts cannot be avoided, to develop feasible measures to mitigate the impacts and estimate the cost of the mitigation measures.
“(2) As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by paragraph (1), the Secretary concerned shall include a description of the current status of the consultation conducted under such paragraph and specifically address each of the items specified in subparagraphs (A), (B), and (C) of such paragraph.
“(3) In this subsection:
“(A) The term “Indian tribe” has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(B) The term “tribal government” means the recognized governing body of an Indian tribe.
“(C) The term “sacred site” has the meaning given that term in Executive Order No. 13007, as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.”
2805. Amendment of Unified Facilities Criteria to promote military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience
Amendment required— Not later than September 1, 2020, the Secretary of Defense shall amend the Unified Facility Criteria related to military construction planning and design to ensure that building practices and standards promote military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience. To prepare the amendments required by this subsection, the Secretary of Defense shall take into account historical data, current conditions, and sea level rise projections. The Secretary may consult with the heads of other Federal departments and agencies with expertise regarding military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience.
Conditional availability of funds pending initiation of amendment process— Not more than 25 percent of the funds authorized to be appropriated for fiscal year 2020 for Department of Defense planning and design accounts related to military construction projects may be obligated until the date on which the Secretary of Defense submits to the Committees on Armed Services of the House of Representatives and the Senate a certification that the Secretary has initiated the process to amend the Unified Facility Criteria to comply with the requirements of subsection (a) and intends to complete the amendment process by the date specified in such subsection.
Implementation of Unified Facilities Criteria amendment—
Implementation— Any Department of Defense Form 1391 submitted to Congress after the date specified in subsection (a) must be in compliance with the Unified Facility Criteria, amended as required by subsection (a).
Certification— Not later than March 1, 2021, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate that the amendment required by subsection (a) and the amendment required by section 2805(c) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2864 note) have been completed and fully incorporated into military construction planning and design.
Annual review— Beginning with fiscal year 2022, and annually thereafter, the Secretary of Defense shall conduct a review comparing the Unified Facility Criteria and industry best practices to ensure that military construction building practices and standards related to military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience remain current.
Definitions— In this section:
The terms “energy resilience” and “military installation resilience” have the meanings given those terms in section 101(e) of title 10, United States Code.
The term energy and climate resiliency has the meaning given that term in section 2864 of title 10, United States Code.
2806. Modification to Department of Defense Form 1391 regarding consideration of potential long-term adverse environmental effects
Modification—
Certification requirement— The Secretary of Defense shall modify Department of Defense Form 1391 to require, with respect to any proposed major or minor military construction project requiring congressional notification or approval, the inclusion of a certification by the Secretary of Defense or the Secretary of the military department concerned that the proposed military construction project takes into consideration—
the potential adverse consequences of long-term changes in environmental conditions, such as increasingly frequent extreme weather events, that could affect the military installation resilience of the installation for which the military construction project is proposed; and
building requirements in effect for the locality in which the military construction project is proposed and industry best practices that are developed to withstand extreme weather events and other consequences of changes in environmental conditions.
Elements of certification— As part of the certification required by paragraph (1) for a proposed military construction project, the Secretary concerned shall identify the potential changes in environmental conditions, such as increasingly frequent extreme weather events, considered and addressed under subparagraphs (A) and (B) of paragraph (1).
Relation to recent modification requirement— The modification of Department of Defense Form 1391 required by subsection (a) is in addition to, and expands upon, the modification of Department of Defense Form 1391 with respect to flood risk disclosure for military construction required by section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note).
Military installation resilience defined— In this section, the term “military installation resilience” has the meaning given that term in section 101(e)(8) of title 10, United States Code.
2807. Improved flood risk disclosure for military construction
When disclosure required— Section 2805(a)(1) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended—
in subparagraph (A), by inserting after “hazard data” the following: “, or will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project”; and
in subparagraph (B), by inserting after “floodplain” the following: “or will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project”.
Reporting requirements— Section 2805(a)(3) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended—
in the matter preceding the subparagraphs, by inserting after “floodplain” the following: “or are to be impacted by projected current and future mean sea level fluctuations over the lifetime of the project”; and
by adding at the end the following new subparagraph:
“(D) A description of how the proposed project has taken into account projected current and future mean sea level fluctuations over the lifetime of the project.”
Mitigation plan assumptions— Section 2805(a)(4) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended—
in the matter preceding the subparagraphs—
by inserting after “floodplain” the following: “or that will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project”; and
by striking “an additional”;
in subparagraph (A)—
by inserting “an additional” before “2 feet”; and
by striking “and” at the end of the subparagraph;
in subparagraph (B)—
by inserting “an additional” before “3 feet”; and
by striking the period at the end of the subparagraph and inserting “; and”; and
by adding at the end the following new subparagraph:
“(C) any additional flooding that will result from projected current and future mean sea level fluctuations over the lifetime of the project.”
2808. Technical corrections and improvements to defense access road resilience
Section 210 of title 23, United States Code, is amended—
in subsection (a), by striking “(a)(1) The Secretary” and all that follows through the end of paragraph (1) and inserting the following:
“(a) Authorization
“(1) In general—When defense access roads are certified to the Secretary as important to the national defense by the Secretary of Defense or such other official as the President may designate, the Secretary is authorized, out of the funds appropriated for defense access roads, to provide for—
“(A) the construction and maintenance of defense access roads (including bridges, tubes, tunnels, and culverts or other hydraulic appurtenances on those roads) to—
“(i) military reservations;
“(ii) defense industry sites;
“(iii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or
“(iv) sources of raw materials;
“(B) the reconstruction or enhancement of, or improvements to, those roads to ensure the continued effective use of the roads, regardless of current or projected increases in mean tides, recurrent flooding, or other weather-related conditions or natural disasters; and
“(C) replacing existing highways and highway connections that are shut off from general public use by necessary closures, closures due to mean sea level fluctuation and flooding, or restrictions at—
“(i) military reservations;
“(ii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or
“(iii) defense industry sites.”
in subsection (b), by striking “the construction and maintenance of” and inserting “construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, or enhancements to,”;
in subsection (c)—
by striking “him” and inserting “the Secretary”;
by striking “construction, maintenance, and repair work” and inserting “activities for construction, maintenance, reconstruction, enhancement, improvement, and repair”;
by striking “therein” and inserting “in those areas”; and
by striking “condition for such training purposes and for repairing the damage caused to such highways by the operations of men and equipment in such training.” and inserting the following:
“(1) that training; and
“(2) repairing the damage to those highways caused by—
“(A) weather-related events, increases in mean high tide levels, recurrent flooding, or natural disasters; or
“(B) the operations of men and equipment in such training.”
in subsection (g)—
by striking “he” and inserting “the Secretary”;
by striking “construction which has been” and inserting “construction and other activities”; and
by striking “upon his demand” and inserting “upon demand by the Secretary”; and
by striking subsection (i) and inserting the following:
“(i) Repair of certain damages and infrastructure—The funds appropriated to carry out this section may be used to pay the cost of repairing damage caused, or any infrastructure to mitigate a risk posed, to a defense access road by recurrent or projected recurrent flooding, sea level fluctuation, a natural disaster, or any other current or projected change in applicable environmental conditions, if the Secretary determines that continued access to a military installation, defense industry site, air or sea port necessary for or planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies, or to a source of raw materials, has been or is projected to be impacted by those events or conditions.”
B Military Family Housing Reforms
2811. Enhanced protections for members of the Armed Forces and their dependents residing in privatized military housing units
Specified rights of tenancy in privatized military housing units—
In general— Section 2886 of title 10, United States Code, is amended to read as follows:
“2886. Specified rights of tenancy in military housing units
“(a) Contract requirement for military housing units
“(1) Inclusion of rights of tenancy—Each contract between the Secretary concerned and a landlord shall guarantee the rights of tenancy specified in this section for military tenants who reside in military housing units covered by the contract.
“(2) Rule of construction—The rights of tenancy in military housing units specified in this section are not intended to be exclusive. The omission of a tenant right or protection shall not be construed to deny the existence of such a right or protection for military tenants.
“(3) Written lease and explanation of tenancy
“(A) The lease between a landlord and military tenant shall be in writing to establish tenancy in a military housing unit. The landlord shall provide the military tenant with a copy of the lease, any addendums, and any other regulations imposed by the landlord regarding occupancy of the military housing unit and use of common areas.
“(B) The Secretary concerned shall require that a military tenant receive a plain-language briefing regarding the rights of tenancy guaranteed by this section and the respective responsibilities of landlords and military tenants related to tenancy, including the existence of any additional fees authorized by subsection (c)(2), any utilities payments, the procedures for submitting and tracking work orders, the identity of the military tenant advocate, and the dispute resolution process.
“(b) Protection against retaliation
“(1) In general—A landlord may not retaliate against a military tenant, directly or through the chain-of-command of a member of the armed forces who is a military tenant, in response to a military tenant making a complaint relating to a military housing unit or common areas. Evidence of retaliation may include any of the following actions, including unsuccessful attempts to commit such an action:
“(A) Unlawful recovery of, or attempt to recover, possession of a military housing unit.
“(B) Unlawfully increasing the rent, decreasing services, or increasing the obligations of a military tenant.
“(C) Interference with a military tenant’s right to privacy.
“(D) Harassment of a military tenant.
“(E) Refusal to honor the terms of the lease.
“(F) Interference with the career of a military tenant.
“(2) Investigation—The Inspector General of the Department of Defense and the Inspector General of a military department may investigate allegations of retaliation against a military tenant in connection with a complaint relating to a military housing unit.
“(c) Prohibition against collection of amounts in addition to rent
“(1) In general—A landlord may not impose on a military tenant a supplemental payment, such as an out-of-pocket fee, in addition to the amount of rent the landlord charges for a unit of similar size and composition to the military housing unit, without regard to whether or not the amount of the member's basic allowance for housing under section 403 of title 37 is less than the amount of the rent.
“(2) Exceptions—Nothing in paragraph (1) shall be construed—
“(A) to prohibit a landlord from imposing an additional payment—
“(i) for optional services provided to military tenants, such as access to a gym or a parking space;
“(ii) for non-essential utility services, as determined in accordance with regulations promulgated by the Secretary concerned; or
“(iii) to recover damages associated with tenant negligence; or
“(B) to limit or otherwise affect the authority of the Secretary concerned to enter into rental guarantee agreements under section 2876 of this title or to make differential lease payments under section 2877 of this title, so long as such agreements or payments do not require a military tenant to pay an out-of-pocket fee or payment in addition to the basic allowance for housing of the member.
“(d) Dispute resolution process
“(1) Establishment—The Secretary concerned shall establish a dispute resolution process for the resolution of disputes between landlords and military tenants related to military housing units. The resolution process shall use neutral arbitrators and minimize costs incurred by military tenants to participate.
“(2) Treatment of basic allowance for housing—During the dispute resolution process between a landlord and military tenant, the Secretary concerned may withhold from the landlord amounts of the military tenant’s basic allowance for housing under section 403 of title 37 that otherwise would be paid to the landlord directly by the military tenant or through allotments of the pay of the military tenant under section 701 of such title.
“(e) Prompt Maintenance and repairs
“(1) In general—The Secretary concerned shall ensure that landlords—
“(A) respond promptly to requests for the maintenance or repair of a military housing unit; and
“(B) communicate effectively with military tenants regarding the schedule and status of maintenance or repair requests.
“(2) Electronic work order system—To promote the policy objective described in paragraph (1), the Secretary concerned shall require the establishment of an electronic work order system through which a military tenant may request maintenance or repairs of a military housing unit and track the progress of the work.
“(3) Access to system—The electronic work order system shall be accessible—
“(A) to a military tenant to track a work request made through the system by the military tenant;
“(B) to military tenant advocates or a commander of the relevant military installation to track a work request made through the system; and
“(C) to the landlord responsible for the military housing unit to track a work request made through the system by a military tenant.
“(f) Disclosure of housing code violations and hazards
“(1) In general—Before accepting a rental application from a prospective military tenant to lease a military housing unit, the landlord must disclose to the prospective military tenant the following:
“(A) Any housing code violations with respect to the military housing unit incurred within the previous three years.
“(B) Either a three–year history of mold contamination with respect to the military housing unit and common areas or proof of proper remediation.
“(C) Either a three–year history of lead contamination in water with respect to the military housing unit and common areas or proof of proper remediation.
“(D) Either a three–year history of rodent infestation with respect to the military housing unit and common areas or proof of proper remediation.
“(E) Any information regarding health-related symptoms among previous residents of the military housing unit that may have been the result of exposure to environmental hazards in the military housing unit or common areas, if such residents agreed to voluntarily disclose such information. The military tenant advocate shall inform military tenants of their option to disclose or decline to disclose such information.
“(2) Continued requirement—The landlord must make the information referred to in paragraph (1) accessible to the military tenant throughout the lease of the military housing unit.
“(g) Unit inspections
“(1) Move-in—A military tenant is entitled to be present for an inspection of a military housing unit before accepting occupancy of the military housing unit to ensure that the military housing unit is habitable and that facilities and common areas of the building are in good repair.
“(2) Move-out—A military tenant is entitled to be present for the move-out inspection and must be given sufficient time to address any concerns related to the military tenant’s occupancy of the military housing unit.
“(h) Military tenant advocates
“(1)
“(A) The Secretary concerned shall assign personnel of the Department of Defense or contractor personnel to serve as a military tenant advocate—
“(i) to assist in the resolution of a dispute between a landlord and a military tenant; and
“(ii) to serve as a liaison between military tenants and landlords, officials in the chain of command at the installation, and the individual designated in paragraph (2) within the Office of the Secretary of Defense, with respect to concerns of military tenants at the applicable installation.
“(B) A military tenant advocate may not be an employee of a landlord or occupy office-space provided by a landlord.
“(2)
“(A) The Secretary of Defense shall designate an individual within the Office of the Secretary of Defense to serve as the liaison between the Secretary and the Secretaries concerned, the military tenant advocates under paragraph (1), landlords, and other offices of the Department as the Secretary determines appropriate with respect to military tenant issues.
“(B) Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, and annually thereafter for the next two years, the individual designated under subparagraph (A) shall submit to the Secretary of Defense and the congressional defense committees a report containing a description of—
“(i) common issues encountered by military tenants with respect to military housing; and
“(ii) the responsiveness of landlords to tenant requests for the maintenance or repair of military housing units.”
Clerical amendment— The table of sections at the beginning of subchapter IV of title 10, United States Code, is amended by striking the item relating to section 2886 and inserting the following new item:
Definitions— Section 2871 of title 10, United States Code, is amended—
by redesignating paragraphs (7) and (8) as paragraphs (10) and (11), respectively; and
by inserting after paragraph (6) the following new paragraphs:
“(7) The term landlord means an eligible entity that enters into a contract as a partner with the Secretary concerned for the acquisition or construction of a military housing unit under this subchapter or any subsequent lessor who owns, manages, or is otherwise responsible for a military housing unit.
“(8) The term “military housing unit” means a unit of military family housing or military unaccompanied housing acquired or constructed under this subchapter.
“(9) The term “military tenant” means a member of the armed forces who occupies a military housing unit and any dependent of the member who is a party to a lease for a military housing unit or is authorized to act on behalf of the member in the event of the assignment or deployment of the member.”
Implementation report— Not later than March 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a plan to implement section 2886 of title 10, United States Code, as amended by subsection (a). In the report, the Secretary shall identify any circumstances that would impede application of the requirements of such section to existing contracts for the acquisition or construction of military family housing units or military unaccompanied housing units under subchapter IV of chapter 169 of such title, and to existing contracts for the management of such military housing units.
2812. Prohibition on use of nondisclosure agreements in connection with leases of military housing constructed or acquired using alternative authority for acquisition and improvement of military housing
Nondisclosure agreements prohibited— Section 2882 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d) Prohibition on use of nondisclosure agreements
“(1) A member of the armed forces who leases a housing unit acquired or constructed under this subchapter, and any dependent of the member who is a party to a lease for such a unit or is authorized to act on behalf of the member in the event of the assignment or deployment of the member, may not be required to sign a nondisclosure agreement in connection with entering into, continuing, or terminating the lease. Any such agreement against the interests of the member is invalid.
“(2) Paragraph (1) shall not apply to a nondisclosure agreement executed as part of the settlement of litigation.”
Implementation— The Secretary of Defense and the Secretaries of the military departments shall promulgate regulations necessary to give full force and effect to subsection (d) of section 2882 of title 10, United States Code, as added by subsection (a).
Retroactive application of amendment— Subsection (d) of section 2882 of title 10, United States Code, as added by subsection (a), shall apply with respect to any nondisclosure agreement covered by the terms of such subsection (d) regardless of the date on which the agreement was executed.
2813. Authority to furnish certain services in connection with use of alternative authority for acquisition and improvement of military housing
Section 2872a(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
“(13) Street sweeping.
“(14) Tree trimming and removal.”
2814. Modification to requirements for window fall prevention devices in military family housing units
Fall prevention device requirements— Section 2879(a) of title 10, United States Code, is amended—
in paragraph (1), by striking “that protect against unintentional window falls by young children and that are in compliance with applicable International Building Code (IBC) standards” and inserting “described in paragraph (3)”;
in paragraph (2)—
in subparagraph (A), by striking “December 11, 2017” and inserting “October 1, 2019”; and
in subparagraph (B), by striking “September 1, 2018” and inserting “October 1, 2019”; and
by adding at the end the following new paragraph:
“(3) Fall prevention device described—A fall prevention device is a window screen or guard that complies with applicable standards in ASTM standard F2090–13 (or any successor standard).”
Modification to window description— Section 2879(c) of title 10, United States Code, is amended by striking “24” and inserting “42”.
Conforming amendment— Section 2879(b)(1) of title 10, United States Code, is amended by striking “paragraph (1)” and inserting “paragraph (3)”.
2815. Assessment of hazards in Department of Defense housing
Hazard assessment tool—
Development required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop an assessment tool, such as a rating system or similar mechanism, to identify and measure health and safety hazards in housing under the jurisdiction of the Department of Defense (including privatized housing).
Components— The assessment tool shall provide for the identification and measurement of the following hazards:
Physiological hazards, including dampness and mold growth, lead-based paint, asbestos and manmade fibers, radiation, biocides, carbon monoxide, and volatile organic compounds.
Psychological hazards, including ease of access by unlawful intruders, and lighting issues.
Infection hazards.
Safety hazards.
Public forums— In developing the assessment tool, the Secretary of Defense shall provide for multiple public forums at which the Secretary may receive input with respect to such assessment tool from occupants of housing under the jurisdiction of the Department of Defense (including privatized housing).
Report— Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the assessment tool.
Hazard assessments—
Assessments required— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, using the assessment tool developed under subsection (a)(1), shall complete a hazard assessment for each housing facility under the jurisdiction of the Department of Defense (including privatized housing).
Tenant information— As soon as practicable after the completion of the hazard assessment conducted for a housing facility under paragraph (1), the Secretary of Defense shall provide to each individual who leases or is assigned to a housing unit in the facility a summary of the results of the assessment.
2816. Development of process to identify and address environmental health hazards in Department of Defense housing
Process required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a process to identify, record, and resolve environmental health hazards in housing under the jurisdiction of the Department of Defense (including privatized housing) in a timely manner.
Elements of process— The process developed under subsection (a) shall provide for the following with respect to each identified environmental health hazard:
Categorization of the hazard.
Identification of health risks posed by the hazard.
Identification of the number of housing occupants potentially affected by the hazard.
Recording and maintenance of information regarding the hazard.
Resolution of the hazard, which shall include—
the performance by the Secretary of Defense (or in the case of privatized housing, the landlord) of hazard remediation activities at the affected facility; and
follow-up by the Secretary of Defense to collect information on medical care related to the hazard sought or received by individuals affected by the hazard.
Coordination— The Secretary of Defense shall ensure coordination between military treatment facilities, appropriate public health officials, and housing managers at military installations with respect to the development and implementation of the process required by subsection (a).
Report— Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the process required by subsection (a).
2817. Report on civilian personnel shortages for appropriate oversight of management of military housing constructed or acquired using alternative authority for acquisition and improvement of military housing
Report required— Not later than six months after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a report containing the following:
An evaluation of the extent to which shortages in the number of civilian personnel performing oversight functions at Department of Defense housing management offices or assigned to housing-related functions at headquarters levels contribute to problems regarding the management of military housing constructed or acquired using the alternative authority for the acquisition and improvement of military housing under subchapter IV of chapter 169 of title 10, United States Code.
Recommendations to address such personnel shortages in order to eliminate management problems regarding such military housing, ensure oversight of the partner’s execution of the housing agreement and the delivery of all requirements in accordance with implementing guidance provided by the Secretaries of the military departments, improve oversight of and expedite the work-order process, and facilitate a positive experience for members of the Armed Forces and their dependents who reside in military housing.
Personnel recommendations— As part of the recommendations required by subsection (a)(2), the Secretary of Defense shall—
determine the number of additional personnel who are required, the installation and headquarter locations at which they will be employed, the employment positions they will fill, and the duties they will perform;
identify the number of additional personnel already hired as of the date on which the report is submitted and their locations and the timeline for employing the remaining required personnel; and
estimate the cost of employing the additional personnel.
2818. Inspector General review of Department of Defense oversight of privatized military housing
Not later than one year after the date of the enactment of this Act, and annually thereafter until 2022, the Inspector General of the Department of Defense shall—
conduct a review at not less than 15 randomly selected military installations of the oversight by the Secretary of Defense of privatized military housing at such installations; and
make publicly available on a website of the Department a summary of the results of such review.
2819. Department of Defense inspection authority regarding privatized military housing
Inspection authority— Section 2885 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(g) Post-construction access and inspection authority
“(1) Requirement—The Secretary concerned shall retain the authority after the completion of a military housing privatization project to access and inspect any military housing unit, ancillary supporting facility, or common area acquired, constructed, or renovated as part of the project in order to protect the health and safety of members of the armed forces and their dependents who occupy the privatized military housing units.
“(2) Notice and right of refusal of access and inspection—The Secretary concerned shall ensure that the individuals who lease or are assigned a military housing unit—
“(A) are provided not less than 48 hours notice prior to the Secretary concerned accessing and inspecting the unit as authorized under paragraph (1); and
“(B) have the right to refuse the Secretary concerned such access.”
Retroactive application of amendment— Subsection (g) of section 2885 of title 10, United States Code, as added by subsection (a), shall apply to each military housing privatization project completed prior to the date of the enactment of this Act, and to each such project completed on or after such date.
2820. Improvement of privatized military housing
Complaint database and financial transparency—
In general— Subchapter IV of chapter 169 of title 10, United States Code, is amended by adding at the end the following new sections:
“2887. Complaint database
“(a) Database required—The Secretary of Defense shall establish a database that is available to the public of complaints relating to housing units under this subchapter.
“(b) Filing of complaints—The Secretary shall ensure that a tenant of a housing unit under this subchapter may file a complaint relating to such housing unit for inclusion in the database under subsection (a).
“(c) Response by landlord
“(1) The Secretary shall include in any contract with a landlord responsible for a housing unit under this subchapter a requirement that the landlord respond to any complaints included in the database under subsection (a) that relate to the housing unit.
“(2) Any response under paragraph (1) shall be included in the database under subsection (a).
“2888. Financial transparency
“(a) Audits of agreements with partners
“(1) Not less frequently than annually, the Comptroller General of the United States, in accordance with best audit practices, shall randomly select one small, medium, and large military installation participating in the Military Privatized Housing Initiative for the purposes of conducting a full financial audit of the privatized housing project or projects at each installation. The results of audits conducted under this section shall be provided to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives.
“(2) Audits conducted under paragraph (1) shall include an analysis, at a minimum, of the following:
“(A) Base management fees for managing the housing units.
“(B) Incentive fees relating to the housing units, including details on the following:
“(i) Metrics upon which such incentive fees are paid.
“(ii) Whether incentive fees were paid in full or withheld in part or in full during the year covered by the publication, and if so, why.
“(C) Asset management fees relating to the housing units.
“(D) Preferred return fees relating to the housing units.
“(E) Any deferred fees or other fees relating to the housing units.
“(F) Residual cash flow distributions relating to the housing units.
“(G) Provider’s financial relationship with and use of subsidiaries and third parties to manage/implement housing agreements.”
Clerical amendment— The table of sections at the beginning of subchapter IV of chapter 169 of title 10, United States Code, is amended by inserting after the item relating to section 2886 the following new items:
Annual reports on privatized military housing— Section 2884 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d) Annual report on housing
“(1) Not less frequently than annually, the Secretary of Defense shall submit to the congressional defense committees and publish on a publicly available website of the Department of Defense a report on housing units under this subchapter, disaggregated by military installation.
“(2) Each report submitted under paragraph (1) shall include the following:
“(A) An assessment of the condition of housing units under this subchapter based on the average age of those units and the estimated time until recapitalization.
“(B) An analysis of complaints of tenants of such housing units.
“(C) An assessment of maintenance response times and completion of maintenance requests relating to such housing units.
“(D) An assessment of dispute resolution relating to such housing units, which must include an analysis of all denied tenant requests to withhold rent payments, or where the dispute resolution process resulted in a favorable outcome for the housing provider.
“(E) An assessment of overall customer service for tenants of such housing units.
“(F) A description of the results of any no-notice housing inspections conducted for such housing units.
“(G) The results of any resident surveys conducted with respect to such housing units.”
2821. Installation of carbon monoxide detectors in military family housing
Section 2821 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(e) The Secretary concerned shall provide for the installation and maintenance of an appropriate number of carbon monoxide detectors in each unit of military family housing under the jurisdiction of the Secretary.”
2822. Lead-based paint testing and reporting
Establishment of department of defense policy on lead testing on military installations—
In general— Not later than February 1, 2020, the Secretary of Defense shall establish a policy under which—
a qualified individual may access a military installation for the purpose of conducting lead testing on the installation, subject to the approval of the Secretary; and
the results of any lead testing conducted on a military installation shall be transmitted—
in the case of a military installation located inside the United States, to—
the civil engineer of the installation;
the housing management office of the installation;
the public health organization on the installation;
the major subordinate command of the Armed Force with jurisdiction over the installation; and
if required by law, any relevant Federal, State, and local agencies; and
in the case of a military installation located outside the United States, to the civil engineer or commander of the installation who shall transmit those results to the major subordinate command of the Armed Force with jurisdiction over the installation.
Definitions— In this subsection:
United states— The term “United States” has the meaning given such term in section 101(a)(1) of title 10, United States Code.
Qualified individual— The term “qualified individual” means an individual who is certified by the Environmental Protection Agency or by a State as—
a lead-based paint inspector; or
a lead-based paint risk assessor.
Annual reporting on lead-based paint in military housing—
In general— Subchapter III of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
“2869a. Annual reporting on lead-based paint in military housing
“(a) Annual reports
“(1) In general—Not later than February 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report that sets forth, with respect to military housing under the jurisdiction of each Secretary of a military department for the calendar year preceding the year in which the report is submitted, the following:
“(A) A certification that indicates whether the military housing under the jurisdiction of the Secretary concerned is in compliance with the requirements respecting lead-based paint, lead-based paint activities, and lead-based paint hazards described in section 408 of the Toxic Substances Control Act (15 U.S.C. 2688).
“(B) A detailed summary of the data, disaggregated by military department, used in making the certification under subparagraph (A).
“(C) The total number of military housing units under the jurisdiction of the Secretary concerned that were inspected for lead-based paint in accordance with the requirements described in subparagraph (A).
“(D) The total number of military housing units under the jurisdiction of the Secretary concerned that were not inspected for lead-based paint.
“(E) The total number of military housing units that were found to contain lead-based paint in the course of the inspections described in subparagraph (C).
“(F) A description of any abatement efforts with respect to lead-based paint conducted regarding the military housing units described in subparagraph (E).
“(2) Publication—The Secretary of Defense shall publish each report submitted under paragraph (1) on a publicly available website of the Department of Defense.
“(b) Military housing defined—In this section, the term “military housing” includes military family housing and military unaccompanied housing (as such term is defined in section 2871 of this title).”
Clerical amendment— The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:
2823. Pilot program to build and monitor use of single family homes
In General— The Secretary of the Army shall carry out a pilot program to build and monitor the use of not fewer than 5 single family homes for members of the Army and their families.
Location— The Secretary of the Army shall carry out the pilot program at no less than two installations of the Army located in different climate regions of the United States as determined by the Secretary.
Design— In building homes under the pilot program, the Secretary of the Army shall use the All-American Abode design from the suburban single-family division design by the United States Military Academy.
Funding increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 2103 for Army military construction, as specified in the corresponding funding table in section 4601, for Military Construction, FH Con Army Family Housing P&D, is hereby increased by $5,000,000, with the amount of such increase to be made available to carry out the pilot program.
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Air Force, Line 088, Program Element 0604933F, ICBM FUZE MODERNIZATION, is hereby reduced by $5,000,000.
2824. Investigation of reports of reprisals relating to privatized military housing and treatment as material breach
Section 2885 of title 10, United States Code, is amended by inserting after subsection (g), as added by section 2819, the following new subsection:
“(h) Investigation of reports of reprisals; treatment as material breach
“(1) The Assistant Secretary of Defense for Sustainment shall investigate all reports of reprisal against a member of the armed forces for reporting an issue relating to a housing unit under this subchapter.
“(2) If the Assistant Secretary of Defense for Sustainment determines under paragraph (1) that a landlord has retaliated against a member of the armed forces for reporting an issue relating to a housing unit under this subchapter, the Assistant Secretary shall—
“(A) provide initial notice to the Committees on Armed Services of the Senate and the House of Representatives as soon as practicable; and
“(B) following the initial notice under subparagraph (A), provide an update to such committees every 30 days thereafter until such time as the Assistant Secretary has taken final action with respect to the retaliation.
“(3) The Assistant Secretary of Defense for Sustainment shall carry out this subsection in coordination with the Secretary of the military department concerned.”
C Real Property and Facilities Administration
2831. Improved energy security for main operating bases in Europe
Prohibition on use of certain energy source— The Secretary of Defense shall ensure that each contract for the acquisition of furnished energy for a covered military installation in Europe does not use any energy sourced from inside the Russian Federation as a means of generating the furnished energy for the covered military installation.
Waiver for national security interests—
Waiver authority; certification— The Secretary of Defense may waive application of subsection (a) to a specific contract for the acquisition of furnished energy for a covered military installation if the Secretary certifies to the congressional defense committees that—
the waiver of such subsection is necessary to ensure an adequate supply of furnished energy for the covered military installation; and
the Secretary has balanced these national security requirements against the potential risk associated with reliance upon the Russian Federation for furnished energy.
Submission of waiver notice— Not later than 14 days before the execution of any energy contract for which a waiver is granted under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees notice of the waiver. The waiver notice shall include the following:
The rationale for the waiver, including the basis for the certifications required by subparagraphs (A) and (B) of paragraph (1).
An assessment of how the waiver may impact the European energy resiliency strategy.
An explanation of the measures the Department of Defense is taking to mitigate the risk of using Russian Federation furnished energy.
Definitions— In this section:
The term “covered military installation” means a military installation in Europe identified by the Department of Defense as a main operating base.
The term “furnished energy” means energy furnished to a covered military installation in any form and for any purpose, including heating, cooling, and electricity.
Conforming repeal— Section 2811 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2266) is repealed.
2832. Access to Department of Defense facilities for credentialed transportation workers
Section 1050 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is amended—
by striking subsection (a) and inserting the following new subsection:
“(a) Access to facilities for credentialed transportation workers—The Secretary of Defense, to the extent practicable—
“(1) shall ensure that the Transportation Worker Identification Credential is accepted as a valid credential for unescorted access to a work site at a maritime terminal of the Department of Defense; and
“(2) may provide that the Transportation Worker Identification Credential be accepted as a valid credential for unescorted access to Department of Defense facilities other than those specified in paragraph (1).”
in the section heading, by striking “installations” and inserting “facilities”.
2833. Report on encroachment challenges on military installations posed by non-military aircraft
Report required— Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Sustainment shall submit to the congressional defense committees a report describing—
the encroachment challenges and security risks posed by non-military aircraft overflying military installations inside the United States, to include operational impacts, installation and personnel security, and intelligence concerns, and
practicable strategies and recommendations for mitigation of any such challenges and risks, to include—
increased military regulatory authority; and
distinctions, if any, among government/first responder, commercial, civil and recreational aviation.
Exclusion of drone aircraft— In this section, the term “aircraft” does not include unmanned aerial vehicles known as drones, whether used for military or non-military purposes, except that the Assistant Secretary of Defense for Sustainment may make reference in the report required by subsection (a) to the use of such unmanned aerial vehicles if the Secretary considers reference to such use relevant to the subject of the report.
2834. Report on capacity of Department of Defense to provide survivors of natural disasters with emergency short-term housing
Not later than 220 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report analyzing the capacity of the Department of Defense to provide survivors of natural disasters with emergency short-term housing.
2835. Improved recording and maintaining of Department of Defense real property data
Initial report— Not later than 150 days after the date of the enactment of this Act, the Undersecretary of Defense for Acquisition and Sustainment shall submit to Congress a report evaluating service-level best practices for recording and maintaining real property data.
Issuance of guidance— Not later than 300 days after the date of the enactment of this Act, the Undersecretary of Defense for Acquisition and Sustainment shall issue service-wide guidance on the recording and collection of real property data based on the best practices described in the report.
2836. Continued Department of Defense use of heating, ventilation, and air conditioning systems utilizing variable refrigerant flow
Notwithstanding any provision of law to the contrary, the Department of Defense may continue to consider and select heating, ventilation, and air conditioning systems that utilize variable refrigerant flow as an option for use in Department of Defense facilities.
2837. Report on Department of Defense use of intergovernmental support agreements
Plan required— Not later than July 31, 2020, the Secretary of Defense shall submit to the Committees on Armed Service of the Senate and the House of Representatives a report containing a plan to improve the collection and monitoring of information regarding the consideration and use of intergovernmental support agreements, as authorized by section 2679 of title 10, United States Code, including information regarding the financial and nonfinancial benefits derived from the use of such agreements.
Additional plan elements— The plan required by subsection (a) also shall include the following:
A timeline for implementation of the plan.
A education and outreach component for installation commanders to improve understanding of the benefits of intergovernmental support agreements and to encourage greater use of such agreements.
Proposals to standardize across all military departments the approval process for intergovernmental support agreements.
Proposals to achieve efficiencies in intergovernmental support agreements based on inherent intergovernmental trust.
Proposals for the development of criteria to evaluate the effectiveness of intergovernmental support agreements separate from Federal Acquisition Regulations.
D Land Conveyances
2841. Land conveyance, Hill Air Force Base, Utah
Conveyance authorized— The Secretary of the Air Force may convey, without consideration, to the State of Utah or a designee of the State of Utah (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 improvements thereon, consisting of approximately 35 acres located at Hill Air Force Base (commonly known as the Defense Nontactical Generator and Rail Center), and such real property adjacent to the Center as the parties consider to be appropriate, for the purpose of permitting the State to construct a new interchange for Interstate 15.
Condition of conveyance— As a condition on the conveyance authorized by subsection (a), the State shall agree to the following:
That, not later than two years after the date of the conveyance of the property under such subsection, the State, at no cost to the United States, shall—
demolish all improvements, and infrastructure associated with the improvements, in existence on the property as of the date of the conveyance; and
subject to subsection (c), complete all environmental cleanup and remediation activities as may be required for the planned redevelopment and use of the property.
That, as part of the construction of the new Interstate 15 interchange referred to in subsection (a), the State, at no cost to the United States, shall construct on the property a new gate for Hill Air Force Base in compliance with such construction, security, and other requirements as the Secretary of the Air Force considers to be necessary.
That the State shall coordinate any demolition, cleanup, remediation, design, redevelopment, and construction activities performed pursuant to the conveyance of property under subsection (a) with the Secretary and the Utah Department of Transportation.
Environmental obligations— The State shall not have any obligation in relation to any environmental conditions on the property to be conveyed under subsection (a) unless—
the conditions were in existence and known before the date of the conveyance of the property; and
the State agrees to address the conditions under subsection (b)(1)(B).
Payment of costs of conveyance—
Payment required— The Secretary of the Air Force shall require the State to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and other administrative costs related to the conveyance. If amounts collected are in advance of the Secretary incurring 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.
Treatment of amounts received— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the 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, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. 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 Air Force.
Additional terms and conditions— The Secretary of the Air Force 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.
2842. Release of conditions and reversionary interest, Camp Joseph T. Robinson, Arkansas
Release of conditions and retained interests— With respect to a parcel of real property at Camp Joseph T. Robinson, Arkansas, consisting of approximately 141.52 acres and conveyed by the United States to the State of Arkansas pursuant to the Act entitled “An Act authorizing the transfer of part of Camp Joseph T. Robinson to the State of Arkansas”, approved June 30, 1950 (64 Stat. 311, chapter 429), the Secretary of the Army may release, without consideration, the terms and conditions imposed by the United States and the reversionary interest retained by the United States under section 2 of such Act and the right to reenter and use the property retained by the United States under section 3 of such Act.
Condition of release— As a condition of the release of terms and conditions and retained interests under subsection (a) and subject to subsection (c), the State of Arkansas shall agree to convey, without consideration, the parcel of real property described in subsection (a) to the Arkansas Department of Veterans Affairs for the purpose of expanding the Arkansas State Veterans Cemetery in North Little Rock, Arkansas.
New Reversionary Interest— The conveyance required by subsection (b) of the real property described in subsection (a) shall include a reversionary interest to protect the interests of the United States. Under the terms of such reversionary interest, if the Secretary of the Army determines at any time that the real property conveyed pursuant to subsection (b) 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 real property, 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 onto the real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
Instrument of release and description of property— The Secretary of the Army may execute and file in the appropriate office a deed of release, amended deed, or other appropriate instrument reflecting the release of terms and conditions and retained interests under subsection (a). The exact acreage and legal description of the property described in this section shall be determined by a survey satisfactory to the Secretary of the Army.
Payment of administrative costs—
Payment required— The Secretary of the Army may require the State of Arkansas to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the release of terms and conditions and retained interests under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the release. If amounts paid to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the release, the Secretary shall refund the excess amount to the State.
Treatment of amounts received— Amounts received under subsection (a) as reimbursement for costs incurred by the Secretary to carry out the release of terms and conditions and retained interests 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 release. 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.
Additional terms and conditions— The Secretary of the Army may require such additional terms and conditions in connection with the release of terms and conditions and retained interests under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
2843. Modification of authorized uses of certain property conveyed by the United States in Los Angeles, California
In general— Section 2 of Public Law 85–236 (71 Stat. 517) is amended in the first sentence by inserting after “for other military purposes” the following: “and for purposes of meeting the needs of the homeless (as that term is defined in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302))”.
Modification of use—
Application— The State of California shall submit to the Administrator of General Services an application for use of the property conveyed by section 2 of Public Law 85–236 for purposes of meeting the needs of the homeless in accordance with the amendment made by subsection (a).
Review of application— Not later than 60 days after the date of receipt of an application pursuant to paragraph (1), the Administrator and the Secretary of Health and Human Services shall jointly determine whether the use of the property described in the application is a use for purposes of meeting the needs of the homeless.
Modification of instrument of conveyance— If the Administrator and the Secretary jointly determine that the use of the property described in the application is for purposes of meeting the needs of the homeless, the Administrator shall execute and record in the appropriate office an instrument of modification of the deed of conveyance executed pursuant to Public Law 85–236 in order to authorize such use of the property. The instrument shall include such additional terms and conditions as the Administrator considers appropriate to protect the interests of the United States.
Compatibility with military purposes— Before executing any instrument of modification of the deed of conveyance, the Administrator and the Secretary shall request a review by the Chief of the National Guard Bureau, in consultation with the Secretary of the Army, to ensure that any modification of the use of the property described in the application is compatible with the training of members of the National Guard and other military purposes.
E Military Land Withdrawals
2851. Public notice regarding upcoming periods of Secretary of the Navy management of Shared Use Area of the Johnson Valley Off-Highway Vehicle Recreation Area
Public notice required— Section 2942(b)(2) of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1036) is amended by adding at the end the following new subparagraph:
“(D) Public notice—Not later than one year before the date on which a 30-day period of Secretary of the Navy management of the Shared Use Area will start, the Secretary of the Navy, acting through the Resource Management Group established pursuant to section 2944, shall notify the public of the start date and the intention of the Armed Forces to use the Shared Use Area for military training purposes. The Secretary of the Navy, upon notice to the Secretary of the Interior, may waive such public notice in the event of an emergent military training requirement.”
Application of amendment— Subparagraph (D) of section 2942(b)(2) of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1036), as added by subsection (a), shall apply to periods of Secretary of the Navy management of the Shared Use Area of the Johnson Valley Off-Highway Vehicle Recreation Area under such section that start on or after January 1, 2021.
F White Sands National Park and White Sands Missile Range
2861. Short title
This subtitle may be cited as the “White Sands National Park Establishment Act”.
2862. Definitions
In this subtitle:
Map— The term Map means the map entitled “White Sands National Park Proposed Boundary Revision & Transfer of Lands Between National Park Service & Department of the Army”, numbered 142/136,271, and dated February 14, 2017.
Military munitions— The term military munitions has the meaning given the term in section 101(e) of title 10, United States Code.
Missile Range— The term Missile Range means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.
Monument— The term Monument means the White Sands National Monument, New Mexico, established by Presidential Proclamation No. 2025 (54 U.S.C. 320301 note), dated January 18, 1933, and administered by the Secretary of the Interior.
Munitions debris— The term munitions debris has the meaning given the term in volume 8 of the Department of Defense Manual Number 6055.09–M entitled “DoD Ammunitions and Explosives Safety Standards” and dated February 29, 2008 (as in effect on the date of enactment of this Act).
National Park— The term National Park means the White Sands National Park established by this subtitle.
Public Land Order— The term Public Land Order means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822).
2863. Findings
Congress finds the following:
White Sands National Monument was established on January 18, 1933, by President Herbert Hoover pursuant to the Antiquities Act of 1906 (now chapter 3203 of title 54, United States Code).
President Hoover proclaimed that the Monument was established “for the preservation of the white sands and additional features of scenic, scientific, and educational interest”.
The Monument was expanded by Presidents Roosevelt, Eisenhower, Carter, and Clinton in 1934, 1942, 1953, 1978, and 1996, respectively.
The Monument contains a substantially more diverse set of nationally significant historical, archaeological, scientific, and natural resources than were known of at the time the Monument was established, including a number of recent discoveries.
The Monument is recognized as a major unit of the National Park System with extraordinary values enjoyed by more visitors each year since 1995 than any other unit in the State of New Mexico.
The Monument contributes significantly to the local economy by attracting tourists.
Designation of the Monument as a national park would increase public recognition of the diverse array of nationally significant resources at the Monument and visitation to the unit.
2864. Establishment of White Sands National Park in the State of New Mexico
Establishment— To protect, preserve, and restore its scenic, scientific, educational, natural, geological, historical, cultural, archaeological, paleontological, hydrological, fish, wildlife, and recreational values and to enhance visitor experiences, there is established the White Sands National Park as a unit of the National Park System.
Abolishment of White Sands National Monument—
Abolishment— Due to the establishment of the National Park, the Monument is abolished.
Incorporation— The land and interests in land that comprise the Monument are incorporated in, and shall be considered to be part of, the National Park.
References— Any reference in a law, map, regulation, document, paper, or other record of the United States to White Sands National Monument shall be considered to be a reference to White Sands National Park.
Availability of funds— Any funds available for the Monument shall be available for the National Park.
Administration— The Secretary of the Interior shall administer the National Park in accordance with—
this subtitle; and
the laws generally applicable to units of the National Park System, including section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, and 102101, and chapter 3201 of title 54, United States Code.
Effect— Nothing in this section affects—
valid existing rights (including water rights);
permits or contracts issued by the Monument;
existing agreements, including agreements with the Department of Defense;
the jurisdiction of the Department of Defense regarding the restricted airspace above the National Park; or
the airshed classification of the National Park under the Clean Air Act (42 U.S.C. 7401 et seq.).
2865. Transfers of administrative jurisdiction related to the National Park and White Sands Missile Range
Transfer of administrative jurisdiction to the Secretary of the Interior—
In general— Administrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary of the Army to the Secretary of the Interior.
Description of land— The land referred to in paragraph (1) consists of the following:
The approximately 2,826 acres of land identified as “To NPS, lands inside current boundary” on the Map.
The approximately 5,766 acres of land identified as “To NPS, new additions” on the Map.
Transfer of administrative jurisdiction to the Secretary of the Army—
In general— Administrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary of the Interior to the Secretary of the Army.
Description of land— The land referred to in paragraph (1) consists of the approximately 3,737 acres of land identified as “To DOA” on the Map.
Administration—
National Park— The Secretary of the Interior shall administer the land transferred under subsection (a) in accordance with laws (including regulations) applicable to the National Park.
Missile range— Subject to subsection (d), the Secretary of the Army shall administer the land transferred to the Secretary of the Army under subsection (b) as part of the Missile Range.
Infrastructure; resource management—
Range Road 7—
Infrastructure management— To the maximum extent practicable, in planning, constructing, and managing infrastructure on the land described in subparagraph (C), the Secretary of the Army shall apply low-impact development techniques and strategies to prevent impacts within the Missile Range and the National Park from stormwater runoff from the land described in that subparagraph.
Resource management— The Secretary of the Army shall—
manage the land described in subparagraph (C) in a manner consistent with the protection of natural and cultural resources within the Missile Range and the National Park and in accordance with section 101(a)(1)(B) of the Sikes Act (16 U.S.C. 670a(a)(1)(B)), division A of subtitle III of title 54, United States Code, and the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
include the land described in subparagraph (C) in the integrated natural and cultural resource management plan for the Missile Range.
Description of land— The land referred to in subparagraphs (A) and (B) is the land that is transferred to the administrative jurisdiction of the Secretary of the Army under subsection (b) and located in the area east of Range Road 7 in—
T. 17 S., R. 5 E., sec. 31;
T. 18 S., R. 5 E.; and
T. 19 S., R. 5 E., sec. 5.
Fence—
In general— The Secretary of the Army shall continue to allow the Secretary of the Interior to maintain the fence shown on the Map until such time as the Secretary of the Interior determines that the fence is unnecessary for the management of the National Park.
Removal— If the Secretary of the Interior determines that the fence is unnecessary for the management of the National Park under subparagraph (A), the Secretary of the Interior shall promptly remove the fence at the expense of the Department of the Interior.
Research— The Secretary of the Army and the Secretary of the Interior may enter into an agreement to allow the Secretary of the Interior to conduct certain research in the area identified as “Cooperative Use Research Area” on the Map.
Military munitions and munitions debris—
Response action— With respect to any Federal liability, the Secretary of the Army shall remain responsible for any response action addressing military munitions or munitions debris on the land transferred under subsection (a) to the same extent as on the day before the date of enactment of this Act.
Investigation of military munitions and munitions debris—
In general— The Secretary of the Interior may request that the Secretary of the Army conduct one or more investigations of military munitions or munitions debris on any land transferred under subsection (a).
Access— The Secretary of the Interior shall give access to the Secretary of the Army to the land covered by a request under subparagraph (A) for the purposes of conducting an investigation under that subparagraph.
Limitation— An investigation conducted under this paragraph shall be subject to available appropriations.
Applicable law— Any activities undertaken under this subsection shall be carried out in accordance with—
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
the purposes for which the National Park was established; and
any other applicable law.
2866. Boundary modifications related to the National Park and Missile Range
National Park—
In general— The boundary of the National Park is revised to reflect the boundary depicted on the Map.
Map—
In general— The Secretary of the Interior, in coordination with the Secretary of the Army, shall prepare and keep on file for public inspection in the appropriate office of the Secretary of the Interior a map and a legal description of the revised boundary of the National Park.
Effect— The map and legal description under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the map and legal description.
Boundary survey— As soon as practicable after the date of the establishment of the National Park and subject to the availability of funds, the Secretary of the Interior shall complete an official boundary survey of the National Park.
Missile range—
In general— The boundary of the Missile Range and the Public Land Order are modified to exclude the land transferred to the Secretary of the Interior under subsection (a) of section 2865 and to include the land transferred to the Secretary of the Army under subsection (b) of such section.
Map— The Secretary of the Interior shall prepare a map and legal description depicting the revised boundary of the Missile Range.
Conforming amendment— Section 2854 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 54 U.S.C. 320301 note), relating to the modification of boundaries of the Monument and the Missile Range, is repealed.
G Other Matters
2871. Installation and maintenance of fire extinguishers in Department of Defense facilities
The Secretary of Defense shall ensure that portable fire extinguishers are installed and maintained in all Department of Defense facilities in accordance with requirements of national model fire codes developed by the National Fire Protection Association and the International Code Council that require redundancy and extinguishers throughout occupancies regardless of the presence of other suppression systems or alarm systems.
2872. Definition of community infrastructure for purposes of military base reuse studies and community planning assistance
Paragraph (4) of section 2391(e) of title 10, United States Code, is amended to read as follows:
“(4)
“(A) The term “community infrastructure” means a project or facility described in subparagraph (B) that—
“(i) is located off of a military installation; and
“(ii) is—
“(I) owned by a State or local government; or
“(II) a not-for-profit, member owned utility service.
“(B) A project or facility described in this subparagraph is any of the following:
“(i) Any transportation project.
“(ii) A school, hospital, police, fire, emergency response, or other community support facility.
“(iii) A water, waste-water, telecommunications, electric, gas, or other utility infrastructure project.”
2873. Report on vulnerabilities from sea level rise to certain military installations located outside the continental United States
Report required— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on vulnerabilities from sea level rise to covered installations located outside of the continental United States.
Contents— For each covered installation, the report required by subsection (a) shall include the following:
An analysis of the impacts to the operations, contingency plans, and readiness of such installation from a sea level rise.
A discussion of mitigation efforts, including dredging, reclaiming land, and island building, that may be necessary due to a sea level rise—
to ensure the continued operational viability of such installation; and
to increase the resiliency of such installation.
The estimated costs of the efforts discussed under paragraph (2).
An identification of alternative locations for the continuance of operations of such installation if such installation is rendered inoperable.
Form— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Covered installation defined— In this section, the term “covered installation” means the following military installations:
Naval Support Facility Diego Garcia.
Ronald Reagan Ballistic Missile Defense Test Site.
2874. Black start exercises at Joint Bases
Requirement— Not later than September 30, 2020, the Secretary of Defense shall conduct a black start exercise at three Joint Bases at which such exercise has not previously been conducted, for the purpose of identifying any shortcomings in infrastructure, joint operations, joint coordination, and security that would result from a loss of power at the site.
Report— Not later than June 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report that contains a discussion of lessons learned from black start exercises conducted by the Secretary of Defense during the period beginning with the first such exercise and ending on December 31, 2019, including the three most recurring issues identified as a result of such exercises with respect to infrastructure, joint coordination efforts, and security.
Black start exercise defined— In this section, the term “black start exercise” means, with respect to a military installation, an exercise in which commercial utility power at the installation is dropped before backup generation assets start, for the purpose of—
testing the ability of the backup systems to start, transfer the load, and carry the load until commercial power is restored;
aligning stakeholders on critical energy requirements to meet mission requirements;
validating mission operation plans, such as continuity of operations plans;
identifying infrastructure interdependencies; and
verifying backup electric power system performance.
2875. Report on projects awaiting approval from the Realty Governance Board
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report describing the projects that, as of the date of the report, are awaiting approval from the Realty Governance Board. Such report shall include—
a list of projects awaiting evaluation for a Major Land Acquisition Waiver; and
an assessment of the impact a project described in paragraph (1) would have on the security of physical assets and personnel at the military installation requesting the Major Land Acquisition Waiver.
2876. Santa Ynez Band of Chumash Indians Land Affirmation
Short title— This section may be cited as the “Santa Ynez Band of Chumash Indians Land Affirmation Act of 2019”.
Findings— Congress finds the following:
On October 13, 2017, the General Council of the Santa Ynez Band of Chumash Indians voted to approve the Memorandum of Agreement between the County of Santa Barbara and the Santa Ynez Band of Chumash Indians regarding the approximately 1,427.28 acres of land, commonly known as Camp 4, and authorized the Tribal Chairman to sign the Memorandum of Agreement.
On October 31, 2017, the Board of Supervisors for the County of Santa Barbara approved the Memorandum of Agreement on Camp 4 and authorized the Chair to sign the Memorandum of Agreement.
The Secretary of the Interior approved the Memorandum of Agreement pursuant to section 2103 of the Revised Statutes (25 U.S.C. 81).
Land to be taken into trust—
In general— The approximately l,427.28 acres of land in Santa Barbara County, CA described in paragraph (3), is hereby taken into trust for the benefit of the Tribe, subject to valid existing rights, contracts, and management agreements related to easements and rights-of-way.
Administration—
Administration— The land described in paragraph (3) shall be a part of the Santa Ynez Indian Reservation and administered in accordance with the laws and regulations generally applicable to the land held in trust by the United States for an Indian tribe.
Effect— For purposes of certain California State laws (including the California Land Conservation Act of 1965, Government Code Section 51200, et seq.), placing the land described in paragraph (3) into trust shall remove any restrictions on the property pursuant to California Government Code Section 51295 or any other provision of such Act.
Legal description of lands transferred— The lands to be taken into trust for the benefit of the Tribe pursuant to this Act are described as follows:
Rules of construction— Nothing in this section shall—
enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act;
affect any water right of the Tribe in existence before the date of the enactment of this Act; or
terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act.
Restricted use of transferred lands— The Tribe may not conduct, on the land described in paragraph (3) taken into trust for the Tribe pursuant to this section, gaming activities—
as a matter of claimed inherent authority; or
under any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act.
Definitions— For the purposes of this subsection:
Secretary— The term “Secretary” means the Secretary of the Interior.
Tribe— The term “Tribe” means the Santa Ynez Band of Chumash Mission Indians.
2877. Report on lead service lines at military installations
Not later than January 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report that contains the following:
The number of military installations at which lead service lines are connected to schools, childcare centers and facilities, buildings, and other facilities of the installation as the Secretary determines appropriate.
The total number of members of the Armed Forces affected by the presence of lead service lines at military installations.
Of the total number of members under paragraph (2), the number of such members with dependents.
Actions, if any, undertaken by the Secretary to inform individuals affected by the presence of lead service lines at military installations of such presence.
Recommendations for legislative action relating to the replacement of lead service lines at military installations.
2878. Renaming of Lejeune High School in honor of Congressman Walter B. Jones
Renaming— The Lejeune High School at Camp Lejeune, North Carolina, shall hereafter be known and designated as the “Walter B. Jones Camp Lejeune High School”.
References— Any reference in any law, map, regulation, map, document, paper, other record of the United States to the facility referred to in subsection (a) shall be considered to be a reference to the Walter B. Jones Camp Lejeune High School.
2879. Operation, maintenance, and preservation of Mare Island Naval Cemetery, Vallejo, California
Authority to assist operation, maintenance, and preservation activities— The Secretary of Defense may provide not more than $250,000 per fiscal year to aid in the operation, maintenance, and preservation of the Mare Island Naval Cemetery in Vallejo, California (in this section referred to as the “Cemetery”) if, within one year after the date of the enactment of this Act—
the city of Vallejo, California, enters into an agreement with a nonprofit historical preservation organization (in this section referred to as the “organization”) to manage the day-to-day operation, maintenance, and preservation activities of the Cemetery; and
the organization enters into a memorandum of agreement with the Secretary that outlines the organization’s plan and commitment to preserve the Cemetery in perpetuity.
Restriction on use of assistance— Assistance provided under subsection (a) shall only be used by the organization—
for the direct operation, maintenance, and preservation of the Cemetery; and
to conduct an annual audit and prepare an annual report of the organization’s activities.
Reduction in assistance— The Secretary of Defense may reduce the amount of assistance provided under subsection (a) for a fiscal year, or forgo the provision of assistance for a fiscal year, whenever the Secretary determines that the organization has enough operational funds to function for at least a two-year period.
Annual audit and report— As a condition of receiving assistance under subsection (a), the organization shall submit to the Secretary of Defense an annual report containing an audit of the organization’s financial revenues and expenditures for the previous year and describing how funds were used.
Other fund-raising— Nothing in this section shall be construed to preclude the organization from raising additional funds to supplement the organization’s activities.
2880. Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar System receiving station, Modoc County, California
Restrictions— Except as provided in subsection (b), the Secretary of the Air Force may not use any funds or resources of the Department of the Air Force to carry out the rehabilitation of the obsolete Over-the-Horizon Backscatter Radar System receiving station located in Modoc National Forest in the State of California.
Exception for removal of perimeter fence— Notwithstanding subsection (a), the Secretary of the Air Force may use funds and resources of the Department of the Air Force—
to remove the perimeter fence, which was treated with an arsenic-based weatherproof coating, surrounding the Over-the-Horizon Backscatter Radar System receiving station referred to in such subsection; and
to carry out the mitigation of soil contamination associated with such fence.
Sunset— The restrictions in subsection (a) shall terminate on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021.
XXIX Overseas Contingency Operations Military Construction
2901. Authorized Army construction and land acquisition projects
Authorization— Subject to subsection (b), the Secretary of the Army 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:
Report required as condition of authorization— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report containing a plan to carry out each military construction project authorized in the final item in the table in subsection (a) for an unspecified location for the European Deterrence Initiative. The plan shall include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report has been submitted.
2902. Authorized Navy construction and land acquisition projects
Authorization— Subject to subsection (b), the Secretary of the Navy 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:
Report required as condition of authorization— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report containing a plan to carry out each military construction project authorized in the final item in the table in subsection (a) for an unspecified location for the European Deterrence Initiative. The plan shall include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report has been submitted.
2903. Authorized Air Force construction and land acquisition projects
Authorization— Subject to subsection (b), 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:
Report required as condition of authorization— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report containing a plan to carry out each military construction project authorized in the final item in the table in subsection (a) for an unspecified location for the European Deterrence Initiative. The plan shall include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report has been submitted.
2904. Authorized defense agencies construction and land acquisition projects
The Secretary of Defense 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:
2905. Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for the military construction projects outside the United States authorized by this title as specified in the funding table in section 4602.
XXX Authorization of Emergency Military Construction
3001. Authorization of emergency Navy construction and land acquisition projects
Navy authorization— Subject to subsection (c), pursuant to section 2802 of title 10, United States Code, the following real property acquisition and military construction projects, including planning and design related to military construction projects, in the following amounts, are authorized:
Authorized Navy construction projects— In addition to the projects authorized under subsection (a) and subject to subsection (c), pursuant to section 2802 of title 10, United States Code, the Secretary of Defense may carry out military construction projects, including planning and design related to military construction projects, at facilities damaged by earthquakes or other natural disasters in 2019, in the amount of $100,000,000.
Report required as a condition of authorization— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a plan to carry out the military construction projects authorized by this section. The plan shall include an explanation of how each military construction project will incorporate mitigation measures that reduce the threat from natural disasters, including a list of any areas in which there is a variance from the local building requirements and an explanation of the reason for the variance. The plan shall also include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report required from the Secretary has been submitted.
Revision of funding—
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 3001(b) for military construction projects carried out under this section, as specified in the corresponding funding table in section 4601, is hereby increased by $100,000,000, to be available for the purpose specified in subsection (b).
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 2403 for Defense Agencies planning and design at various worldwide locations, as specified in the corresponding funding table in section 4601, is hereby reduced by $40,000,000.
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 2403 for Defense Agencies unspecified minor construction at various worldwide locations, as specified in the corresponding funding table in section 4601, is hereby reduced by $10,000,000.
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 2304 for Air Force planning and design at various worldwide locations, as specified in the corresponding funding table in section 4601, is hereby reduced by $20,000,000.
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 2103 for Army planning and design at various worldwide locations, as specified in the corresponding funding table in section 4601, is hereby reduced by $20,000,000.
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 2204 for Navy planning and design at various worldwide locations, as specified in the corresponding funding table in section 4601, is hereby reduced by $10,000,000.
3002. Authorization of emergency Air Force construction and land acquisition projects
Air Force Authorization— Subject to subsection (b), pursuant to section 2802 of title 10, United States Code, the following real property acquisition and military construction projects, in the following amounts, are authorized:
Report required as condition of authorization— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a plan to carry out the military construction projects authorized by this section. The plan shall include an explanation of how each military construction project will incorporate mitigation measures that reduce the threat from extreme weather events, mean sea level fluctuation, flooding, and any other known environmental threat to resilience, including a list of any areas in which there is a variance from the local building requirements and an explanation of the reason for the variance. The plan shall also include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report required from the Secretary has been submitted.
3003. Authorization of emergency Army National Guard and Army Reserve construction and land acquisition projects
Army National Guard Authorization— Pursuant to section 2802 of title 10, United States Code, the following real property acquisition and military construction projects, in the following amounts, are authorized:
Army Reserve Authorization— Pursuant to section 2805 of title 10, United States Code, unspecified minor construction, in the amount set forth in the following table, is authorized: