2001. Short title
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2021”.
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 XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
October 1, 2025; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026.
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, 2025; or
the date of the enactment of an Act authorizing funds for fiscal year 2026 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 military construction projects for the installation outside the United States, and in the amount, set forth in the following table:
2102. Family housing
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,300,000.
2103. Authorization of appropriations, Army
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
2104. Modification of authority to carry out fiscal year 2017 project at Camp Walker, Korea
In the case of the authorization contained in the table in section 2102(a) of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–92; 129 Stat. 1146) for Camp Walker, Korea, the Secretary of the Army may construct an elevated walkway between two existing parking garages to connect children’s playgrounds using amounts available for Family Housing New Construction, as specified in the funding table in section 4601 of such Act (129 Stat. 1290).
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 $5,854,000.
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 $37,043,000.
2204. Authorization of appropriations, Navy
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
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
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 $2,969,000.
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 $94,245,000.
2304. Authorization of appropriations, Air Force
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 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 authority to carry out fiscal year 2018 project at Royal Air Force Lakenheath
In general— In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1826) for Royal Air Force Lakenheath, United Kingdom, the Secretary of the Air Force may construct a 2,700 square meter consolidated corrosion control and wash rack facility at such location.
Increase of amount— The table in section 4601 of such Act is amended in the item relating to a Consolidated Corrosion Control Facility at Royal Air Force Lakenheath, United Kingdom, by striking “20,000,000” and inserting “55,300,000”.
2306. Modification of authority to carry out certain fiscal year 2019 projects
Eielson Air Force Base, Alaska— In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2246) for Eielson Air Force Base, Alaska, the Secretary of the Air Force may construct a 426 square meter non-contained (outdoor) range with covered and heated firing line for construction of an F–35 CATM Range, as specified in the funding table in section 4601 of such Act (132 Stat. 2404).
Barksdale Air Force Base, Louisiana—
In general— In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2246) for Barksdale Air Force Base, Louisiana, the Secretary of the Air Force may construct an entrance road and gate complex consistent with the Unified Facilities Criteria relating to entry control facilities and the construction guidelines for the Air Force, in the amount of $48,000,000.
Details of construction— In constructing the entrance road and gate complex under paragraph (1), the Secretary of the Air Force may construct a 190 square meter visitor control center, a 44 square meter gate house, a 124 square meter privately owned vehicle inspection facility, a 338 square meter truck inspection facility, and a 45 square meter gatehouse.
Construction in flood plain— Construction under paragraph (1) may be conducted in a flood plain and appropriate mitigation measures shall be included in the project.
Royal Air Force Lakenheath, United Kingdom— In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, the Secretary of the Air Force may construct a 1,206 square meter maintenance facility for construction of an F–35A ADAL Conventional Munitions MX, as specified in the funding table in section 4601 of such Act (132 Stat. 2400).
Force protection and safety— The table in section 4601 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2406) is amended in the item relating to Force Protection and Safety, Air Force, Unspecified Worldwide Locations, by striking “35,000” and inserting “50,000”.
2307. Modification of authority to carry out certain fiscal year 2020 family housing projects
Construction and acquisition— Section 2302 of the Military Construction Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
by striking “Using amounts” and inserting “(a) Planning and design.—Using amounts”; and
by adding at the end the following new subsection:
“(b) Construction and acquisition—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a), the Secretary of the Air Force may construct or acquire family housing units (including land, acquisition, and supporting facilities) at the installation, in the number of units, and in the amounts set forth in the following table:”
Funding— Section 2303 of the Military Construction Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking “$53,584,000” and inserting “$46,638,000”.
2308. Modification of authority to carry out certain fiscal year 2020 projects
Tyndall Air Force Base, Florida— In the case of the authorization contained in the table in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92) for Tyndall Air Force Base, Florida, the Secretary of the Air Force may construct—
not more than 4,770 square meters of aircraft support equipment storage for construction of an Auxiliary Ground Equipment Facility, as specified in the funding table in section 4603 of such Act;
not more than 18,770 square meters of visiting quarters for construction of Dorm Complex Phase 1, as specified in such funding table;
2,127 square meters of squadron operations and 2,875 square meters of aircraft maintenance unit for construction of Ops/Aircraft Maintenance Unit/Hangar #2, as specified in such funding table;
2,127 square meters of squadron operations and 2,875 square meters of aircraft maintenance unit for construction of Ops/Aircraft Maintenance Unit/Hangar #3, as specified in such funding table;
not more than 3,420 square meters of headquarters for construction of an Operations Group/Maintenance Group HQ, as specified in such funding table;
not more than 930 square meters of equipment storage for construction of a Security Forces Mobility Storage Facility, as specified in such funding table;
not more than 7,000 meters of storm water piping, box culverts, underground detention, and grading for surface detention for construction of Site Development, Utilities & Demo Phase 2, as specified in such funding table; and
not more than 12,471 meters of visiting quarters for construction of Lodging Facilities Phase 1, as specified in such funding table.
Offutt Air Force Base, Nebraska— In the case of the authorization contained in the table in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92) for Offutt Air Force Base, Nebraska, the Secretary of the Air Force may construct—
seven 2.5-megawatt diesel engine generators, seven diesel exhaust fluid systems, 15-kilovolt switchgear, two import/export inter-ties, five import-only inter-ties, and 800 square meters of switchgear facility for construction of an Emergency Power Microgrid, as specified in the funding table in section 4603 of such Act;
2,536 square meters of warehouse for construction of a Logistics Readiness Squadron Campus, as specified in such funding table;
4,218 square meters of operations center and 1,343 square meters of military working dog kennel for construction of a Security Campus, as specified in such funding table;
445 square meters of petroleum operations center, 268 square meters of de-icing liquid storage, and 173 square meters of warehouse for construction of a Flightline Hangars Campus, as specified in such funding table; and
240 square meters of recreation complex and 270 square meters of storage for construction of a Lake Campus, as specified in such funding table.
Joint Base Langley-Eustis, Virginia— In the case of the authorization contained in the table in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92) for Joint Base Langley-Eustis, Virginia, the Secretary of the Air Force may construct up to 6,720 square meters of dormitory for construction of a Dormitory, as specified in the funding table in section 4603 of such Act.
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 installation or location outside the United States, and in the amount, set forth in the following table:
2402. Authorized Energy Resilience and Conservation Investment Program projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table:
2403. Authorization of appropriations, Defense Agencies
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
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, 2020, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.
Authority To recognize NATO authorization amounts as budgetary resources for project execution— When the United States is designated as the Host Nation for the purposes of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project.
2503. Execution of projects under the North Atlantic Treaty Organization Security Investment Program
In general— Subchapter II of chapter 138 of title 10, United States Code, is amended by striking section 2350m and inserting the following new section 2350m:
“2350m. Execution of projects under the North Atlantic Treaty Organization Security Investment Program
“(a) Authority To execute projects—When the United States is designated as the Host Nation for purposes of executing a project under the North Atlantic Treaty Organization Security Investment Program (in this section referred to as the Program), the Secretary of Defense may accept such designation and carry out such project consistent with the requirements of this section.
“(b) Project funding—The Secretary of Defense may fund authorized expenditures of projects accepted under subsection (a) with—
“(1) contributions under subsection (c);
“(2) appropriations of the Department of Defense for the Program when directed by the North Atlantic Treaty Organization to apply amounts of such appropriations as part of the share of contributions of the United States for the Program; or
“(3) any combination of amounts described in paragraphs (1) and (2).
“(c) Authority To accept contributions
“(1) The Secretary of Defense may accept contributions from the North Atlantic Treaty Organization and member nations of the North Atlantic Treaty Organization for the purpose of carrying out a project under subsection (a).
“(2) Contributions accepted under paragraph (1) shall be placed in an account established for the purpose of carrying out the project for which the funds were provided and shall remain available until expended.
“(3)
“(A) If contributions are made under paragraph (1) as reimbursement for a project or portion of a project previously completed by the Department of Defense, such contributions shall be credited to—
“(i) the appropriations used for the project or portion thereof, if such appropriations have not yet expired; or
“(ii) the appropriations for the Program, if the appropriations described in clause (i) have expired.
“(B) Funding credited under subparagraph (A) shall merge with and remain available for the same purposes and duration as the appropriations to which credited.
“(d) Obligation authority—The construction agent of the Department of Defense designated by the Secretary of Defense to execute a project under subsection (a) may recognize the North Atlantic Treaty Organization project authorization amounts as budgetary resources to incur obligations against for the purposes of executing the project.
“(e) Insufficient Contributions
“(1) In the event that the North Atlantic Treaty Organization does not agree to contribute funding for all costs necessary for the Department of Defense to carry out a project under subsection (a), including necessary personnel costs of the construction agent designated by the Department of Defense, contract claims, and any conjunctive funding requirements that exceed the project authorization or standards of the North Atlantic Treaty Organization, the Secretary of Defense, upon determination that completion of the project is in the national interest of the United States, may fund such costs using any funds available in appropriations for the Program.
“(2) The use of funds under paragraph (1) from appropriations for the Program may be in addition to or in place of any other funding sources otherwise available for the purposes for which those funds are used.
“(f) Authorized expenditures defined—In this section, the term authorized expenditures means project expenses for which the North Atlantic Treaty Organization has agreed to contribute funding.”
Clerical amendment— The table of sections at the beginning of subchapter II of chapter 138 of such title is amended by striking the item relating to section 2350m and inserting the following new item:
Conforming repeals—
2019— Section 2502 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2252) is amended—
in subsection (a)—
by striking “(a) Authorization.—Funds” and inserting “Funds”; and
by striking the second sentence; and
by striking subsection (b).
2020— Section 2502 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
in subsection (a), by striking “(a) Authorization.—Funds” and inserting “Funds”; and
by striking subsection (b).
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:
2512. Qatar funded construction projects
Pursuant to agreement with the State of Qatar for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installation in the State of Qatar, and in the amounts, set forth in the following table:
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 installations or 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 installations or 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 installations or 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 installations or 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 installation inside the United States, and in the amount, 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, 2020, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
2607. Modification of authority to carry out fiscal year 2020 project in Alabama
In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92) for Anniston Army Depot, Alabama, for construction of an Enlisted Transient Barracks as specified in the funding table in section 4601 of such Act, the Secretary of the Army may construct a training barracks at Fort McClellan, Alabama.
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, 2020, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.
2702. Prohibition on conducting additional base realignment and closure (BRAC) round
Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.
2703. Plan to finish remediation activities conducted by the Secretary of the Army in Umatilla, Oregon
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to Congress a plan to finish remediation activities conducted by the Secretary in Umatilla, Oregon, by not later than three years after such date of enactment.
XXVIII Military construction and general provisions
A Military construction program
2801. Responsibility of Navy for military construction requirements for certain Fleet Readiness Centers
In the case in which a Fleet Readiness Center is a tenant command aboard an installation of the Marine Corps, the Navy shall be responsible for programming, requesting, and executing any military construction requirements for the Fleet Readiness Center.
2802. Construction of ground-based strategic deterrent launch facilities and launch centers for Air Force
Authority to carry out projects— Subject to subsections (b) and (d) and within the amount appropriated for such purpose, the Secretary of the Air Force may carry out military construction projects to convert Minuteman III launch facilities and launch centers to ground-based strategic deterrent configurations.
Master plan—
In general— Prior to the authority under subsection (a) being available for use, the Secretary of the Air Force shall submit to the congressional defense committees a master plan, broken out by year and location, for the planned launch facilities and launch centers to be converted to ground-based strategic deterrent configurations pursuant to a project under this section.
Spending plan— The master plan submitted under paragraph (1) shall include a spending plan with estimated amounts to be requested with respect to each planned location for conversion to ground-based strategic deterrent configurations.
Management of design and construction— The Secretary of the Air Force may select a single, prime contractor to manage the design and construction phases of projects carried out under subsection (a).
Congressional notification—
Report— When a decision is made to carry out a project under subsection (a) and before carrying out such project, the Secretary of the Air Force shall submit to the congressional defense committees a report on that decision.
Elements— Subject to paragraph (3), the report submitted under paragraph (1) with respect to a project under subsection (a) shall include a justification for carrying out the project and a complete Department of Defense Form 1391 for the project.
Single submission— The Secretary of the Air Force may group multiple locations at which a project is to be carried out under subsection (a) into a single submission on a Department of Defense Form 1391 to allow all included locations to be considered as a single project.
Funding— In fiscal year 2021, the Secretary of the Air Force may expend amounts available to the Secretary for research, development, test, and evaluation for the purposes of planning and design to support the projects described in subsection (a).
Existing authorities— The Secretary of the Air Force shall use existing authorities, as applicable, to carry out this section, including sections 2304 and 2853 of title 10, United States Code.
B Military family housing
2821. Prohibition on substandard family housing units
In general— Subchapter II of chapter 169 of title 10, United States Code, is amended by striking section 2830 and inserting the following new section:
“2830. Prohibition on substandard family housing units
“The Secretary concerned may not lease a substandard family housing unit to a member of a uniformed service for occupancy by such member.”
Clerical amendment— The table of sections at the beginning of subchapter II of such chapter is amended by striking the item relating to section 2830 and inserting the following new item:
Effective date— The amendments made by this section shall take effect on October 1, 2021.
2822. Technical corrections to privatized military housing program
Chief Housing Officer— Section 2890a of title 10, United States Code—
is amended—
in subsection (a)(1), by striking “housing units” and inserting “all military housing”; and
in subsection (b)(1), in the matter preceding subparagraph (A), by striking “under subchapter IV and this subchapter” and inserting “by the Department of Defense under this chapter”;
is transferred so as to appear at the end of subchapter III of chapter 169 of such title; and
is redesignated as section 2870a.
Privatized housing reform— Subchapter V of chapter 169 of such title is amended—
in section 2890—
in subsection (b)(15), by striking “and held in escrow”;
in subsection (e)(2), in the matter preceding subparagraph (A), by inserting “a” before “landlord”; and
in subsection (f)(2)—
by striking “executed as” and inserting “executed—
“(A) as”
in subparagraph (A), as designated by clause (i), by striking the period at the end and inserting “; or”; and
by adding at the end the following new subparagraph:
“(B) to avoid litigation if the tenant has retained legal counsel or has sought military legal assistance under section 1044 of this title.”
in section 2891—
in subsection (e)—
in paragraph (1)—
in the matter preceding subparagraph (A), by inserting “unit” after “different housing”;
in subparagraph (B), by inserting “the” before “tenant”; and
in paragraph (2)(B), by inserting “the” before “tenant”;
in section 2891a—
in subsection (b)(2), by adding a period at the end;
in subsection (d)(11)—
by striking “A landlord” and inserting “Upon request by a prospective tenant, a landlord”; and
by striking “prospective tenants to housing units” and inserting “the prospective tenant to a housing unit”; and
in subsection (e)(2)(B) by striking “the any” and inserting “any”;
in section 2892a—
by striking “The Secretary concerned” and inserting “(a) In general.—The Secretary concerned”;
by striking “years. In this section” and inserting “years.
“(b) Maintenance defined—In this section”
in subsection (a), as designated by subparagraph (A), by striking “housing unit, before the prospective tenant” and all that follows through the period at the end and inserting “housing unit—
“(1) not later than five business days before the prospective tenant is asked to sign the lease, a summary of maintenance conducted with respect to that housing unit for the previous seven years; and
“(2) not later than two business days after requested by the prospective tenant, all information regarding maintenance conducted with respect to that housing unit during such period.”
in subsection (b), as designated by subparagraph (B), by striking “such period” and inserting “the period specified in subsection (a)(1)”;
in section 2893, by striking “propensity for” and inserting “pattern of”; and
in section 2894—
in subsection (b), by adding at the end the following new paragraph:
“(6) The dispute resolution process shall require the installation or regional commander (as the case may be) to record each dispute in the complaint database established under section 2894a of this title.”
in subsection (c)—
in paragraph (1), in the matter preceding subparagraph (A), by striking “24 hours” and inserting “two business days”;
in paragraph (3)—
by inserting “business” before “days”; and
by inserting “, such office” before “shall complete”;
in paragraph (4), in the matter preceding subparagraph (A), by inserting “, at a minimum,” before “the following persons”;
in paragraph (5)—
by inserting “calendar” before “days” each place it appears; and
in subparagraph (B), by striking “30-day period” and inserting “30-calendar-day period”; and
by striking paragraph (6) and inserting the following new paragraph (6):
“(6) Except as provided in paragraph (5)(B), a final decision shall be transmitted to the tenant, landlord, and the installation or regional commander (as the case may be) not later than 30 calendar days after the request was submitted.”
in subsection (e)—
by striking paragraph (3);
by redesignating paragraph (2) as paragraph (3);
in paragraph (1), in the matter preceding subparagraph (A), by striking “, the tenant may” and all that follows through “in which—” and inserting “regarding maintenance guidelines or procedures or habitability, the tenant may request that all or part of the payments described in paragraph (3) for lease of the housing unit be segregated and not used by the property owner, property manager, or landlord pending completion of the dispute resolution process.
“(2) The amount allowed to be withheld under paragraph (1) shall be limited to amounts associated with the period in which—”
in paragraph (3), as redesignated by clause (ii), by striking “Paragraph (1)” and inserting “This subsection”.
Reports— Section 2884(c)(10) of such title is amended by striking “specific analysis” and all that follows through the period at the end and inserting “list of dispute resolution cases by installation and the final outcome of each such case.”.
Payment authority— Section 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2871 note) is amended—
in paragraph (1)(A), by inserting “monthly” before “payments”;
in paragraph (2)(A), by striking “payments to” and all that follows through “subparagraph (C)” and inserting “monthly payments, under such terms and in such amounts as determined by the Secretary, to one of more lessors responsible for underfunded MHPI housing projects identified pursuant to subparagraph (C) under the jurisdiction of the Secretary”; and
in paragraph (3)(B), by inserting “that” before “require”.
Suspension of resident energy conservation program— Section 3063(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
by striking “on the installation military housing unit”; and
by striking “on the” and inserting “covered by a program suspended under subsection (a) on that”.
Clerical amendments—
Chief Housing Officer—
Addition— The table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after the item relating to section 2870 the following new item:
Repeal— The table of sections at the beginning of subchapter V of chapter 169 of such title is amended by striking the item relating to section 2890a.
Disclosure of personally identifiable information— The table of sections at the beginning of subchapter V of such title is amended by striking the item relating to section 2892b and inserting the following new item:
2823. Requirement that Secretary of Defense implement recommendations relating to military family housing contained in report by Inspector General of Department of Defense
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall implement the recommendations of the Inspector General of the Department of Defense contained in the report of the Inspector General dated April 30, 2020, and entitled “Evaluation of the DoD's Management of Health and Safety Hazards in Government-Owned and Government-Controlled Military Family Housing”.
C Project management and oversight reforms
2841. Promotion of energy resilience and energy security in privatized utility systems
Utility privatization contract renewals— Section 2688(d)(2) of title 10, United States Code, is amended—
in the first sentence, by inserting “or the renewal of such a contract” after “paragraph (1)”; and
by adding at the end the following new sentence: “A renewal of a contract pursuant to this paragraph may be entered into only within the last 5 years of the existing contract term.”.
Use of ERCIP funds on privatized utility systems— Section 2914 of such title is amended—
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following new subsection (c):
“(c) Use of certain other authorities—A project under this section may be—
“(1) carried out in conjunction with the authorities provided in subsections (j), and (k) of section 2688 of this title and section 2913 of this title, notwithstanding that the United States does not own a utility system covered by the project; or
“(2) included as a separate requirement in a contract entered into pursuant to title VIII of the National Energy Conservation Policy Act (42 U.S.C. 8287 et seq.).”
2842. Consideration of energy security and energy resilience in life-cycle cost for military construction
In general— Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2815 the following new section:
“2816. Consideration of energy security and energy resilience in life-cycle cost for military construction
“(a) In general
“(1) The Secretary concerned, when evaluating the life-cycle designed cost of a covered military construction project, shall include as a facility requirement the long-term consideration of energy security and energy resilience that would ensure that the resulting facility is capable of continuing to perform its missions, during the life of the facility, in the event of a natural or human-caused disaster, an attack, or any other unplanned event that would otherwise interfere with the ability of the facility to perform its missions.
“(2) A facility requirement under paragraph (1) shall not be weighed, for cost purposes, against other facility requirements in determining the design of the facility.
“(b) Inclusion in the building life-cycle cost program—The Secretary shall include the requirements of subsection (a) in applying the latest version of the building life-cycle cost program, as developed by the National Institute of Standards and Technology, to consider on-site distributed energy assets in a building design for a covered military construction project.
“(c) Covered military construction project defined
“(1) In this section, the term covered military construction project means a military construction project for a facility that is used to perform critical functions during a natural or human-caused disaster, an attack, or any other unplanned event.
“(2) For purposes of paragraph (1), the term facility includes any of the following:
“(A) Operations centers.
“(B) Nuclear command and control facilities.
“(C) Integrated strategic and tactical warning and attack assessment facilities.
“(D) Continuity of government facilities.
“(E) Missile defense facilities.
“(F) Air defense facilities.
“(G) Hospitals.
“(H) Armories and readiness centers of the National Guard.
“(I) Communications facilities.
“(J) Satellite and missile launch and control facilities.”
Clerical amendment— The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 2815 the following new item:
D Land conveyances
2861. Renewal of Fallon Range Training Complex land withdrawal and reservation
Notwithstanding section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892), the withdrawal and reservation of lands (known as the Fallon Range Training Complex) made by section 3011(a) of such Act (113 Stat. 885) shall terminate on November 6, 2041.
2862. Renewal of Nevada Test and Training Range land withdrawal and reservation
Notwithstanding section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892), the withdrawal and reservation of lands (known as the Nevada Test and Training Range) made by section 3011(b) of such Act (113 Stat. 886) shall terminate on November 6, 2041.
2863. Transfer of land under the administrative jurisdiction of the Department of the Interior within Naval Support Activity Panama City, Florida
Authority— The Secretary of the Interior shall transfer to the Secretary of the Navy, without consideration, approximately 1.23 acres of land within Naval Support Activity Panama City, Florida, that are used on the day before the date of the enactment of this Act by the Department of the Navy pursuant to Executive Order 10355 (17 Fed. Reg. 4831; relating to delegating to the Secretary of the Interior the authority of the President to withdraw or reserve lands of the United States for public purposes) and the public land order entitled “Public Land Order 952” (19 Fed. Reg. 2085 (April 10, 1954)).
Status of Federal land after transfer— Upon completion of a transfer to the Secretary of the Navy of a parcel of land under subsection (a), the parcel received by the Secretary of the Navy shall cease to be public land and shall be treated as property (as defined in section 102(9) of title 40, United States Code) under the administrative jurisdiction of the Secretary of the Navy.
Reimbursement— The Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior for preparing a legal description of the land to be transferred under subsection (a).
2864. Land conveyance, Camp Navajo, Arizona
Conveyance authorized— The Secretary of the Army (in this section referred to as the “Secretary”) may convey, without consideration, to the State of Arizona Department of Emergency and Military Affairs (in this section referred to as the “State”), all right, title, and interest of the United States in and to a parcel of real property (in this section referred to as the “Property”), including any improvements thereon, consisting of not more than 3,000 acres at Camp Navajo, Arizona, for the purpose of permitting the State to use the Property for—
training the Arizona Army and Air National Guard; and
defense industrial base economic development purposes that are compatible with the environmental security and primary National Guard training purpose of Camp Navajo.
Conditions on conveyance— The conveyance authorized by subsection (a) shall be subject to the following conditions:
Use of revenues— The State shall use all revenues generated by uses of the Property to support the training requirements of the Arizona Army and Air National Guard, to include necessary infrastructure maintenance and capital improvements.
Audit— The United States Property and Fiscal Office for the State of Arizona shall periodically audit all revenues generated by uses of the Property and all uses of such revenue, and shall provide the audit results to the Chief of the National Guard Bureau.
Reversionary interest—
In general— If the Secretary determines at any time that the Property is not being used in accordance with the purpose of the conveyance authorized by subsection (a), or that the State has not complied with the conditions specified in subsection (b), all right, title, and interest in and to the 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 Property.
Record— A determination by the Secretary under paragraph (1) shall be made on the record after an opportunity for a hearing.
Alternative consideration option—
Consideration option— In lieu of exercising the reversionary interest under subsection (c), the Secretary may accept an offer by the State to pay to the United States an amount equal to the fair market value of the Property, excluding the value of any improvements on the Property constructed without Federal funds after the date of the conveyance authorized by subsection (a), as determined by the Secretary.
Treatment of consideration received— Consideration received by the Secretary under paragraph (1) shall be deposited in the special account in the Treasury established for the Secretary under subsection (e) of section 2667 of title 10, United States Code, and shall be available to the Secretary for the same uses and subject to the same limitations as provided in that section.
Payment of cost of conveyance—
Payment required—
In general— The Secretary shall require the State to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance.
Refund of excess amounts— If amounts are collected from the State in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the State.
Treatment of amounts received— Amounts received as reimbursement under paragraph (1)(A) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the appropriations or fund that is currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Description of property— The exact acreage and legal description of the Property shall be determined by a survey satisfactory to the Secretary.
Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States.
Environmental obligations— Nothing in this section shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of the Property in accordance with—
the Defense Environmental Restoration Program under section 2701(a)(1) of title 10, United States Code; and
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
E Other matters
2881. Military family readiness considerations in basing decisions
Taking of considerations into account required— In determining whether to proceed with any basing decision in the United States after the date of the enactment of this Act, the Secretary of the military department concerned shall take into account, among such other factors as such Secretary considers appropriate, the military family readiness considerations specified in subsection (b).
Military family readiness considerations— The military family readiness considerations specified in this subsection are the following:
Interstate portability of professional licensure and certification credentials— The extent to which the State in which the installation subject to the basing decision is or will be located accepts as valid professional licensure and certification credentials obtained in other States, including professional licensure and certification credentials in the following professional fields (and any subfield of such field):
Accounting.
Cosmetology.
Emergency medical service.
Engineering.
Law.
Nursing.
Physical therapy.
Psychology.
Teaching.
Such other professional fields (and subfields of such fields) as the Secretary of Defense shall specify for purposes of this paragraph.
Public education— The extent to which public education is available and accessible to dependents of members of the Armed Forces in the military housing area in which the installation subject to the basing decision is or will be located, including with respect to the following:
Academic performance of schools, including student-to-teacher ratios and learning rates and graduation rates.
Social climate within schools, including absenteeism rates and suspension rates.
Availability, accessibility, and quality of services, including pre-kindergarten, counselors and mental health support, student-to-nurse ratios, and services for military dependents with special needs as required by law.
Housing— The extent to which housing (including family housing) that meets Department of Defense requirements is available and accessible to members of the Armed Forces through the private sector in the military housing area in which the installation subject to the basing decision is or will be located.
Health care— The extent to which primary healthcare and specialty healthcare is available and accessible to dependents of members of the Armed Forces through the private sector in the local community in which the installation subject to the basing decision is or will be located, including care for military dependents with special needs.
Intergovernmental support— The extent to which the State in which the installation subject to the basing decision is or will be located, and local governments in the vicinity of the installation, have or will have intergovernmental support agreements with the installation for the effective and efficient provision of public services to the installation.
Other considerations— Such other considerations in connection with military family readiness as the Secretary of Defense shall specify for purposes of this subsection.
Analytical framework— The Secretary of a military department shall take into account the considerations specified in subsection (b), among such other factors as the Secretary considers appropriate, in determining whether to proceed with a basing decision under subsection (a) using an analytical framework developed by the Secretary for that purpose that uses criteria based on quantitative data available to the Department of Defense and on such reliable quantitative data from sources outside the Department as the Secretary considers appropriate.
Basing decision scorecard—
In general— Each Secretary of a military department shall establish and maintain a scorecard on military installations under the jurisdiction of such Secretary, and on States and localities in which such installations are or may be located, relevant to the taking into account of the considerations specified in subsection (b) in determinations of such Secretary on basing decisions as required by subsection (a).
Update— Each Secretary shall update the scorecard required of such Secretary by this subsection not less frequently than once each year in order to keep the information in such scorecard as current as is practicable.
Availability to public— A current version of each scorecard under this subsection shall be available to the public through an Internet website of the military department concerned that is accessible to the public.
Briefings— Not later than April 1 of each of 2021, 2022, and 2023, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on actions taken pursuant to this section, including a description and assessment of the effect of the taking into account of the considerations specified in subsection (b) on particular basing decisions in the United States during the one-year period ending on the date of the briefing.
Basing decision defined— In this section, the term basing decision means any of the following:
The establishment of a new mission at a military installation.
The relocation of an existing mission from a military installation to another military installation.
The establishment of a new military installation.
2882. Prohibition on use of funds to reduce air base resiliency or demolish protected aircraft shelters in the European theater without creating a similar protection from attack
No funds authorized to be appropriated by this Act or any other Act for the Department of Defense may be obligated or expended to implement any activity that reduces air base resiliency or demolishes protected aircraft shelters in the European theater, and the Department may not otherwise implement any such activity, without creating a similar protection from attack in the European theater until such time as the Secretary of Defense certifies to the congressional defense committees that protected aircraft shelters are not required in the European theater.
2883. Prohibitions relating to closure or returning to host nation of existing bases under the European Consolidation Initiative
Prohibition on use of funds— No funds authorized to be appropriated by this Act for fiscal year 2021 for the Department of Defense may be obligated or expended to implement any activity that closes or returns to the host nation any existing base under the European Consolidation Initiative.
Prohibition on closure or return— The Secretary of Defense shall not implement any activity that closes or returns to the host nation any existing base under the European Consolidation Initiative until the Secretary certifies that there is no longer a need for a rotational military presence in the European theater.
2884. Enhancement of authority to accept conditional gifts of real property on behalf of military museums
Section 2601(e)(1) of title 10, United States Code, is amended by inserting “a military museum,” after “offered to”.
2885. Equal treatment of insured depository institutions and credit unions operating on military installations
Section 2667 of title 10, United States Code, is amended by adding at the end the following:
“(l) Treatment of insured depository institutions
“(1) Each covered insured depository institution operating on a military installation within the continental United States may be allotted space or leased land on the military installation without charge for rent or services in the same manner as a credit union organized under State law or a Federal credit union under section 124 of the Federal Credit Union Act (12 U.S.C. 1770) if space is available.
“(2) Each covered insured depository institution, credit union organized under State law, and Federal credit union operating on a military installation within the continental United States shall be treated equally with respect to policies of the Department of Defense governing the financial terms of leases, logistical support, services, and utilities.
“(3) The Secretary concerned shall not be required to provide no-cost office space or a no-cost land lease to any covered insured depository institution, credit union organized under State law, or Federal credit union.
“(4) In this subsection:
“(A) The term covered insured depository institution means an insured depository institution that meets the requirements applicable to a credit union organized under State law or a Federal credit union under section 124 of the Federal Credit Union Act (12 U.S.C. 1770). The depositors of an insured depository institution shall be considered members for purposes of the application of this subparagraph to that section.
“(B) The term Federal credit union has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
“(C) The term insured depository institution has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).”
2886. Report on operational aviation units impacted by noise restrictions or noise mitigation measures
Report— Not later than 90 days after the date on which the Secretary of the Air Force or the Secretary of the Navy determines that noise restrictions placed on an operational aviation unit under the jurisdiction of the Secretary concerned prohibit the unit from reaching a combat ready or deployable status or prohibit the maintaining of aircrew currency requirements or required noise mitigation measures become cost prohibitive to the Department of Defense, the Secretary concerned, in consultation with the Secretary of Defense, shall submit to the congressional defense committees a report setting forth—
recommendations to preserve or restore the readiness of such unit; and
appropriate steps to be taken by the Secretary concerned to lower the cost of noise mitigation measures.
Cost prohibitive— A required noise mitigation measure shall be considered cost prohibitive to the Department of Defense for purposes of subsection (a) if the cost to implement the measure at an installation exceeds 10 percent of the annual budget for the installation for facilities sustainment, restoration, and modernization.
2887. Transfer of funds for Oklahoma City national memorial endowment fund
Section 7(1) of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss–5(1)) is amended by striking “there is hereby authorized” and inserting “the Secretary may provide, from the National Park Service's national recreation and preservation account, the remainder of”.
XXIX Overseas contingency operations military construction
2901. Authorized Navy construction and land acquisition projects
The Secretary of the Navy may acquire real property and carry out the military construction project for the installation outside the United States, and in the amount, set forth in the following table:
2902. Authorized Air Force construction and land acquisition projects
The Secretary of the Air Force may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
2903. Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for the military construction projects outside the United States authorized by this title as specified in the funding table in section 4602.
2904. Replenishment of certain military constructions funds
In general— Of the amount authorized to be appropriated for fiscal year 2021 by section 2903 and available as specified in the funding table in section 4602, $3,600,000,000 shall be available for replenishment of funds that were authorized to be appropriated by military construction authorization Acts for fiscal years before fiscal year 2021 for military construction projects authorized by such Acts, but were used instead for military construction projects authorized by section 2808 of title 10, United States Code, in connection with the national emergency along the southern land border of the United States declared in 2019 pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.).
Replenishment by transfer—
In general— Any amounts available under subsection (a) that are used for replenishment of funds as described in that subsection shall be transferred to the account that was the source of such funds.
Inapplicability toward transfer limitations— Any transfer of amounts under this subsection shall not count toward any limitation on transfer of Department of Defense funds in section 1001 or 1512 or any other limitation on transfer of Department of funds in law.
Sunset of authority— The authority to make transfers under this subsection shall terminate on September 30, 2021.
Use of funds—
In general— Amounts transferred under subsection (b) for replenishment of funds as described in subsection (a) may be used only for military construction projects for which such funds were originally authorized in a military construction authorization Act described in subsection (a).
No increase in authorized amount of projects— The total amount of funds available for a military construction project described in paragraph (1) may not exceed the current amount authorized for such project by applicable military construction authorization Acts (including this Act). A replenishment of funds under this section for a military construction project shall not operate to increase the authorized amount of the project or the amount authorized to be available for the project.