Sec. 2001 Short title
This division and title XLVI of division D may be cited as the “Military Construction Authorization Act for Fiscal Year 2023”.
Division B — Military Construction Authorizations
B Military Construction Authorizations
Sec. 2002 Expiration of authorizations and amounts required to be specified by law
Expiration of authorizations after three years— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
October 1, 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.
Sec. 2003 Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries
Effective date— Titles XXI through XXVII shall take effect on the later of—
October 1, 2022; or
the date of the enactment of this Act.
Elimination of need for certain separate conforming amendments—
Automatic execution of conforming changes— When an amendment made by a provision of this division to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment.
Exceptions— Paragraph (1) shall not apply to an amendment described in such paragraph when—
the amendment, or a separate clerical amendment enacted at the same time as the amendment, expressly amends a table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or
the amendment otherwise expressly exempts itself from the operation of this section.
Covered defense law— In this subsection, the term “covered defense law” means—
titles 10, 32, and 37 of the United States Code;
any national defense authorization Act or military construction authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and
any other law designated in the text thereof as a covered defense law for purposes of application of this section.
Sec. 2004 Directing the Secretary of Defense to continue military housing reforms
In general— The Secretary of Defense shall consider—
partnerships with innovative housing production companies to build cost-effective multi-family housing that is energy efficient and improve energy resiliency in order to increase the supply of affordable housing available to active duty members of the Armed Forces; or
purchasing multiple multi-family housing if this results in an additional lower cost.
Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall report to Congress on the considerations under subsection (a).
Innovative housing production company defined— In this section, the term “innovative housing production company” means a company that offers housing in an area for which the costs per unit is lower than the cost per unit of other housing in the area that meets Federal, State, and local housing standards, based on quality, accessibility, and durability.
XXI Army Military Construction
Sec. 2101 Authorized Army construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
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 installations outside the United States, and in the amounts, set forth in the following table:
Sec. 2102 Family housing
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, in the number of units or for the purpose, 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 $17,339,000.
Sec. 2103 Authorization of appropriations, Army
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, 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 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2104 Demolition of District of Columbia Fort McNair Quarters 4, 13, and 15
Not later than one year after the date on which all the individuals occupying District of Columbia Fort McNair Quarters 4, 13, and 15, as of the date of the enactment of this Act, have moved out of such Quarters, the Secretary of the Army shall demolish such Quarters.
Sec. 2105 Modification of authority to carry out certain fiscal year 2019 project
In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2242) for Camp Tango, Korea, for construction of a command and control facility at the installation, the Secretary of the Army may increase scope for a dedicated, enclosed egress pathway out of the underground facility to facilitate safe escape in case of fire.
Sec. 2106 Extension of authority to carry out certain fiscal year 2018 projects
Extension—
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in paragraph (2), as provided in section 2101(b) of that Act (131 Stat. 1819), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
The table referred to in paragraph (1) is as follows:
Army family housing—
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in paragraph (2), as provided in section 2102 of that Act (131 Stat. 1820), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
The table referred to in paragraph (1) is as follows:
Sec. 2107 Modification of authority to carry out certain fiscal year 2018 projects
Kunsan air base, Korea— In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1819) for Kunsan Air Base, Korea, for construction of an Unmanned Aerial Vehicle Hangar at the installation, the Secretary of the Army may—
construct the hangar at Camp Humphries, Korea; and
remove primary scope associated with the relocation of the air defense artillery battalion facilities to include a ground based missile defense equipment area, fighting positions, a missile resupply area air defense artillery facility, a ready building and command post, a battery command post area, a safety shelter, and a guard booth.
Kwajalein Atoll, Hwajalein— Section 2879(a)(1)(A) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1874) is amended by striking “at least 26 family housing units” and inserting “not more than 26 family housing units”.
XXII Navy Military Construction
Sec. 2201 Authorized Navy construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation outside the United States, and in the amount, set forth in the following table:
Sec. 2202 Family housing
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units or for the purposes, and in the amounts set forth in the following table:
Improvements to military family housing units— Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $74,540,000.
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $24,224,000.
Sec. 2203 Authorization of appropriations, Navy
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, 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.
Sec. 2204 Extension of authority to carry out certain fiscal year 2018 project
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in subsection (a), as provided in section 2201(a) of that Act (131 Stat. 1822), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2205 Transfer of customers from electrical utility system of the Navy at former Naval Air Station Barber’s Point, Hawaii, to new electrical system in Kalaeloa, Hawaii
In general— Subject to the availability of appropriations for such purpose, the Secretary of the Navy shall pay the reasonable costs to transfer all customers off of the electrical utility system of the Navy located at former Naval Air Station Barber’s Point, Hawaii, to the new electrical system in Kalaeloa, Hawaii, operated by Hawaii Electric.
Facilitation of transfer— To facilitate the transfer of customers described in subsection (a), the Secretary of the Navy shall provide the following to the State of Hawaii:
A load analysis and design necessary to complete such transfer.
Such rights of way and easements as may be necessary to support the construction of replacement electrical infrastructure.
Disposal of Navy electrical system— After all customers have been transferred as required under subsection (a), the Secretary of the Navy may dispose of the electrical system of the Navy located at former Naval Air Station Barber’s Point, Hawaii.
Authority for third-party agreement— The Secretary of the Navy may enter into a cooperative agreement or other appropriate instrument with a non-Department of Defense entity under which—
such entity shall agree to facilitate the transfer of customers under subsection (a); and
subject to the availability of appropriations for such purpose, the Secretary of the Navy shall agree to reimburse such entity for the reasonable costs of such transfer.
XXIII Air Force Military Construction
Sec. 2301 Authorized Air Force construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 230_(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:
Sec. 2302 Family housing and improvements to military family housing units
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 230_(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 $230,058,000.
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 230_(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 $2,730,000.
Sec. 2303 Authorization of appropriations, Air Force
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2304 Extension of authority to carry out certain fiscal year 2018 projects
Extension—
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2301(a) of that Act (131 Stat. 1825), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table— The table referred to in paragraph (1) is as follows:
Overseas contingency operations—
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (131 Stat. 1876), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table— The table referred to in paragraph (1) is as follows:
Sec. 2305 Modification of authority to carry out certain fiscal year 2021 project
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4299) for Hill Air Force Base, Utah, for construction of GBSD Organic Software Sustainment Center, the Secretary of the Air Force may construct—
up to 7,526 square meters of Surface Parking Lot in lieu of constructing a 13,434 square meters vehicle parking garage; and
up to 402 square meters of Storage Igloo.
Sec. 2306 Modification of authority to carry out certain military construction projects at Tyndall Air Force Base, Florida
In the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1913) for Tyndall Air Force Base, Florida—
for construction of Lodging Facilities Phases 1-2, as specified in such funding table and modified by section 2306(a)(7) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct two emergency backup generators;
for construction of Dorm Complex Phases 1-2, as specified in such funding table and modified by section 2306(a)(8) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct an emergency backup generator;
for construction of Site Development, Utilities, and Demo Phase 2, as specified in such funding table and modified by section 2306(a)(6) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct—
up to 6,248 lineal meters of storm water utilities;
up to 55,775 square meters of roads;
up to 4,334 lineal meters of gas pipeline; and
up to 28,958 linear meters of electrical;
for construction of Tyndall AFB Gate Complex, as specified in such funding table and modified by section 2306(a)(9) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct up to 55,694 square meters of roadway with serpentines; and
for construction of Deployment Center/Flight Line Dining/AAFES, as specified in such funding table and modified by section 2306(a)(11) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4303), the Secretary of the Air Force may construct up to 164 square meters of AAFES (Shoppette).
XXIV Defense Agencies Military Construction
Sec. 2401 Authorized Defense Agencies construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
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:
Sec. 2402 Authorized Energy Resilience and Conservation Investment Program projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
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:
Sec. 2403 Authorization of appropriations, Defense Agencies
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, 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 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2404 Extension of authority to carry out certain fiscal year 2018 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2401(b) of that Act (131 Stat. 1829), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table— The table referred to in subsection (a) is as follows:
XXV International Programs
A North Atlantic Treaty Organization Security Investment Program
Sec. 2501 Authorized NATO construction and land acquisition projects
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
Sec. 2502 Authorization of appropriations, NATO
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, 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.
B Host Country In-Kind Contributions
Sec. 2511 Republic of Korea funded construction projects
Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table:
Sec. 2512 Repeal of authorized approach to certain construction project
Section 2511 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2177) is amended—
by striking “(a) Authority to accept projects.—”; and
by striking subsection (b).
XXVI Guard and Reserve Forces Facilities
Sec. 2601 Authorized Army National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2605 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:
Sec. 2602 Authorized Army Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve installations or locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2603 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:
Sec. 2604 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 installations inside the United States, and in the amounts, set forth in the following table:
Sec. 2605 Authorization of appropriations, National Guard and Reserve
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
Sec. 2606 Corrections to authority to carry out certain fiscal year 2022 projects
The authorization table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2178) is amended—
in the item relating to Redstone Arsenal, Alabama, by striking “Redstone Arsenal” and inserting “Huntsville”;
in the item relating to Jerome National Guard Armory, Idaho, by striking “Jerome National Guard Armory” and inserting “Jerome”;
in the item relating to Nickell Memorial Armory Topeka, Kansas, by striking “Nickell Memorial Armory Topeka” and inserting “Topeka”;
in the item relating to Lake Charles National Guard Readiness Center, Louisiana, by striking “Lake Charles National Guard Readiness Center” and inserting “Lake Charles”;
in the item relating to Camp Grayling, Michigan, by striking “Camp Grayling” and inserting “Grayling”;
in the item relating to Butte Military Entrance Testing Site, Montana, by striking “Butte Military Entrance Testing Site” and inserting “Butte”;
in the item relating to Mead Army National Guard Readiness Center, Nebraska, by striking “Mead Army National Guard Readiness Center” and inserting “Mead Training Site”;
in the item relating to Dickinson National Guard Armory, North Dakota, by striking “Dickinson National Guard Armory” and inserting “Dickinson”;
in the item relating to Bennington National Guard Armory, Vermont, by striking “Bennington National Guard Armory” and inserting “Bennington”; and
in the item relating to Camp Ethan Allen Training Site, Vermont, by striking “Camp Ethan Allen Training Site” and inserting “Ethan Allen Air Force Base TS”.
Sec. 2607 Extension of authority to carry out certain fiscal year 2018 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in subsection (b), as provided in section 2604 of that Act (131 Stat. 1836), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table— The table referred to in subsection (a) is as follows:
XXVII Base Realignment and Closure Activities
Sec. 2701 Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.
Sec. 2702 Authorization to fund certain demolition and removal activities through Department of Defense Base Closure Account
In general— Section 2906(c)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note) is amended by adding at the end the following new subparagraph:
“(E) To carry out the demolition or removal of any building or structure under the control of the Secretary of the Navy that is not designated as historic under a Federal, State, or local law and is located on a military installation closed or realigned under a base closure law (as such term is defined in section 101 of title 10, United States Code) at which the sampling or remediation of radiologically contaminated materials has been the subject of substantiated allegations of fraud, without regard to—
“(i) whether the building or structure is radiologically impacted; or
“(ii) whether such demolition or removal is carried out, as part of a response action or otherwise, under the Defense Environmental Restoration Program specified in subparagraph (A) or CERCLA (as such term is defined in section 2700 of title 10, United States Code).”
Funding— The amendment made by this section may only be carried out using funds authorized to be appropriated in the table in section 4601.
XXVIII Military Construction General Provisions
A Military Construction Program Changes
Sec. 2801 Modification of annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities
Section 2805(f)(2) of title 10, United States Code, is amended—
by striking “or the Commonwealth” and inserting “Wake Island, the Commonwealth”; and
by inserting “, or a former United States Trust Territory now in a Compact of Free Association with the United States” after “Mariana Islands”.
Sec. 2802 Military construction projects for innovation, research, development, test, and evaluation
In general— Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2809 the following new section:
“2810. Military construction projects for innovation, research, development, test, and evaluation
“(a) Project authorization required—The Secretary of Defense may carry out such military construction projects for innovation, research, development, test, and evaluation as are authorized by law, using funds appropriated or otherwise made available for that purpose.
“(b) Submission of project proposals—As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by subsection (a), the Secretary of Defense shall include the following information:
“(1) The project title.
“(2) The location of the project.
“(3) A brief description of the scope of work.
“(4) The original project cost estimate and the current working cost estimate, if different.
“(5) Such other information as the Secretary considers appropriate.
“(c) Application to military construction projects—This section shall apply to military construction projects covered by subsection (a) for which a Department of Defense Form 1391 is submitted to the appropriate committees of Congress in connection with the budget of the Department of Defense for fiscal year 2023 and thereafter.”
Clerical amendment— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2809 the following new item:
Sec. 2803 Further clarification of requirements related to authorized cost and scope of work variations
Clarifications and technical corrections relating to exceptions to cost variation and scope of work— Subsection (c)(1) of section 2853 of title 10, United States Code, as amended by section 2802 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81), is further amended—
by striking subparagraph (A) and inserting the following new subparagraph (A):
“(A) The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve an increase in the cost authorized for the project in excess of that limitation only if—
“(i) the total cost of the project is less than $500,000,000;
“(ii) the cost increase is an amount equal to or less than 50 percent of the original authorized amount; and
“(iii) the Secretary notifies the appropriate committees of Congress of such waiver and approval in the manner provided in this paragraph.”
by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D).
Technical correction related to exceptions to limitation on scope of work increases— Subsection (d)(4) of such section, as so amended, is further amended by striking “and approve an increase in the scope of work for the project that would increase the scope of work”.
Sec. 2804 Use of operation and maintenance funds for certain construction projects outside the United States
Permanent authority— Subsection (a) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended, including most recently by section 2806 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81), is amended—
by striking “, inside the area of responsibility of the United States Central Command or certain countries in the area of responsibility of the United States Africa Command,”;
by inserting “outside the United States” after “construction project”; and
in paragraph (2), by striking “, unless the military installation is located in Afghanistan, for which projects using this authority may be carried out at installations deemed as supporting a long-term presence”.
Conforming amendments— Such section is further amended—
in subsection (b), by striking “subsection (f)” and inserting “subsection (d)”;
by striking subsection (e);
by redesignating subsections (f) and (g) as subsections (d) and (e), respectively;
in subsection (e), as so redesignated, by striking “subsection (f)” and inserting “subsection (d)”; and
by striking subsections (h) and (i).
Clerical amendments— Such section is further amended as follows:
The section heading for such section is amended—
by striking “Temporary, limited”; and
by inserting “certain” before “construction projects”.
The subsection heading for subsection (a) of such section is amended by striking “Temporary authority” and inserting “In general”.
Classification— The Law Revision Counsel is directed to classify section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended by subsection (a), as a note following section 2804 of title 10, United States Code.
Sec. 2805 Increase in maximum approved cost of unspecified minor military construction projects
Section 2805(a)(2) of title 10, United States Code, is amended by striking “$6,000,000” and inserting “$12,000,000”.
Sec. 2806 Increase in unspecified minor military construction authority for laboratory revitalization projects
Laboratory revitalization— Subsection (d) of section 2805 of title 10, United States Code, is amended—
in paragraph (1), by striking “$6,000,000” both places it appears and inserting “$12,000,000”;
in paragraph (2), by striking “$6,000,000” and inserting “$12,000,000, incrementally across multiple fiscal years”; and
by striking paragraph (5).
Adjustment of dollar limitations for location— Subsection (f) of such section is amended—
by striking “$10,000,000” and inserting “$12,000,000”; and
by striking subparagraph (3).
Sec. 2807 Permanent application of dollar limits for location and application to projects outside the United States
Section 2805 of title 10, United States Code, is amended by striking subsection (f) and inserting the following new subsection (f):
“(f) Adjustment of dollar limits for location—Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project, except that no limitation specified in this section may exceed $16,000,000 as the result of any adjustment made under this paragraph.”
Sec. 2808 Prohibition on availability of funds for special operations forces military construction
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense may be obligated or expended for the Commander of Special Operations Command for military construction in Baumholder, Germany.
Waiver—
In general— The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary—
determines that such a waiver is in the national security interests of the United States; and
not later than 14 days after issuing the waiver, submits to the congressional defense committees a detailed justification for the waiver in accordance with paragraph (2).
Elements— A justification under paragraph (1)(B) shall include each of the following:
The determination of the Secretary that none of the following countries would provide preferable host nation funding for an equivalent project in such country:
Romania.
Poland.
Latvia.
Estonia.
Lithuania.
The determination of the Secretary that hosting such forces in Germany would provide greater deterrence or greater operational utility than host nation support in Romania, Poland, Latvia, Estonia or Lithuania.
An explanation for how the waiver is in the national security interests of the United States.
Any other information the Secretary determines appropriate.
Sec. 2809 Requirements relating to certain military construction projects
Supervision of military construction projects—
in subsection (c)(1), by inserting “or appropriated” after “funds authorized” each place such term appears;
in subsection (c)(2)—
in subparagraph (A), by inserting “, deadline for bid submissions,” after “solicitation date”;
in subparagraph (B), by inserting “(including the address of such recipient)” after “contract recipient”; and
by adding at the end the following new subparagraphs:
“(H) Any subcontracting plan required under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)) for the project submitted by the contract recipient to the Secretary of Defense.
“(I) A detailed written statement describing and justifying any exception applied or waiver granted under—
“(i) chapter 83 of title 41;
“(ii) section 4862 of this title; or
“(iii) section 4863 of this title.”
by adding at the end the following new paragraph:
“(4) The information required to be published on the Internet website under subsection (c) shall constitute a record for the purposes of chapters 21, 29, 31, and 33 of title 44.”
Federal Procurement Data System— The Secretary of Defense shall ensure that there is a clear and unique indication of any covered contract with subcontracting work of an estimated value of $250,000 or more in the Federal Procurement Data System established pursuant to section 1122(a)(4) of title 41, United States Code (or any successor system).
Increased transparency and public availability of information regarding solicitation and award of subcontracts under military construction contracts—
Availability of certain information relating to military construction subcontracts— Section 2851 of title 10, United States Code, is amended—
by redesignating subsection (d) as subsection (g);
by inserting after subsection (c) (as amended by this section) the following new subsections:
“(d) Information and notice requirements regarding solicitation and award of subcontracts
“(1) The recipient of a contract for a construction project described in subsection (c)(1) to be carried out in a State shall make publicly available on a website of the General Services Administration or the Small Business Administration, as applicable, any solicitation made by the contract recipient under the contract for a subcontract with an estimated value of $250,000 or more.
“(2) The Secretary of Defense shall—
“(A) maintain on the Internet site required by subsection (c)(1) information regarding the solicitation date and award date (or anticipated date) for each subcontract described in paragraph (1); and
“(B) submit written notice of the award of the original contract for a project described in subsection (c)(1) to be carried out in a State, and each subcontract described in paragraph (1) under the contract, to each State agency that enforces workers’ compensation or minimum wage laws in the State in which the contract or subcontract will be carried out.
“(e) Congressional notification—In the case of the award of a contract for a project described in subsection (c)(1) to be carried out in a State, and any subcontract described in subsection (d)(1) under the contract, where such award has an estimated value of $2,000,000 or more, the Secretary of Defense shall submit written notice of such award within 30 days after the award to each Senator of the State in which the contract or subcontract will be carried out and the Member of the House of Representatives representing the congressional district in which the contract or subcontract will be carried out.
“(f) Exclusion of classified projects—Subsections (c), (d), and (e) do not apply to a classified construction project otherwise described in subsection (c)(1).”
by adding at the end the following new subsection:
“(h) Definitions—In this section:
“(1) The term “Member of the House of Representatives” includes a Delegate to the House of Representatives and the Resident Commissioner from Puerto Rico.
“(2) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.”
Applicability— Subsections (d) and (e) of section 2851 of title 10, United States Code, as added by subsection (ba)(2), shall apply with respect to a contract for a construction project described in subsection (c)(1) of such section that—
is entered into on or after the date of the enactment of this Act; or
was entered into before the date of the enactment of this Act, if the first solicitation made by the contract recipient under the contract for a subcontract with an estimated value of $250,000 or more is made on or after the date of the enactment of this Act.
Requirements relating to the award of covered military construction contracts— Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2851a the following new section:
“2851b. Requirements relating to the award of covered military construction contracts
“(a) Publication of certain information relating to covered military construction contracts—A contractor that has been awarded a covered military construction contract shall—
“(1) make publicly available on a website of the General Services Administration or the Small Business Administration, as applicable, any solicitation under that covered military construction contract for a subcontract of an estimated value of $250,000 or more; and
“(2) submit written notification of the award of the covered military construction contract, and of any subcontract awarded under the covered military construction contract, to the relevant agency of a covered State that enforces workers’ compensation or minimum wage laws in such covered State.
“(b) Notice—Upon award of a covered military construction contract with an estimated value greater than or equal to $2,000,000, the Secretary concerned shall notify any applicable Member of Congress representing the covered State in which that covered military construction contract is to be performed of such award in a timely manner.”
Sec. 2809A Supervision of large military construction projects
Supervision of large military construction projects— Section 2851 of title 10, United States Code, is amended—
by redesignating subsection (h) (as added by section 2809 of this Act) as subsection (i);
by redesignating subsection (g) (as designated by section 2809 of this Act) as subsection (h);
by inserting after subsection (f) section 2809 of this Act (as added by the following new subsection:
“(g) Report on supervision of Large Military Construction Projects—Before the award of a contract of a value greater than $500,000,000 in connection with a military construction project, the individual directing and supervising such military construction project under subsection (a) or the individual designated pursuant to subsection (b) (as applicable) shall submit to the appropriate committees of Congress a report on the intended supervision, inspection, and overhead plan to manage such military construction project. Each report shall include the following:
“(1) A determination of the overall funding intended to manage the supervision, inspection, and overhead of the military construction project.
“(2) An assessment of whether a Department of Defense Field Activity that shall directly report to such individual should be established.
“(3) A description of the quality assurance approach to the military construction project.
“(4) The independent cost estimate described in section 3221(b)(6)(A) of this title.
“(5) The overall staffing approach to oversee the military construction project for each year of the contract term.”
Coforming amendment to duties of the Director of Cost Assessment and Program Evaluation— Section 3221(b)(6)(A) of title 10, United States Code, is amended—
in clause (iii), by striking “and” at the end;
by adding at the end the following new clause:
“(v) any decision to enter into a contract in connection with a military construction project of a value greater than $500,000,000; and”
Sec. 2809B Local hire requirements for military construction contracts
Local hire requirements—
In general— To the extent practicable, in awarding a covered contract, the Secretary concerned (as defined in section 101 of title 10, United States Code) shall give a preference to a person who certifies that at least 51 percent of the total number of employees hired to perform the covered contract (including any employees hired by a subcontractor (at any tier) for such covered contract) shall reside in the same State as, or within a 60-mile radius of, the location of the work to be performed pursuant to the covered contract.
Justification required— The Secretary concerned shall prepare a written justification, and make such justification available on the Internet site required under section 2851(c) of title 10, United States Code, for the award of any covered contract to a person that is not described under paragraph (1).
Licensing— A contractor and any subcontractors (at any tier) performing a covered contract shall be licensed to perform the work under such covered contract in the State in which the work will be performed.
Covered contract defined— In this section, the term “covered contract” means a contract for a military construction project, military family housing project, or other project described in section 2851(c)(1) of title 10, United States Code.
B Continuation of Military Housing Reforms
Sec. 2811 Standardization of military installation Housing Requirements and Market Analyses
In general— Subchapter II of chapter 169 of title 10, United States Code, is amended by inserting after section 2836 the following new section:
“2837. Housing Requirements and Market Analysis
“(a) In general—Not less frequently than once every five years, and in accordance with the requirements of this section, the Secretary concerned shall conduct a Housing Requirements and Market Analysis (in this section referred to as an “HRMA”) for each military installation under the jurisdiction of the Secretary that is located in the United States.
“(b) Prioritization of installations
“(1) In general—Except as provided in paragraph (2), the Secretary concerned shall prioritize the conduct of HRMAs for installations—
“(A) for which an HRMA has not been conducted for five years or longer; or
“(B) in locations with housing shortages.
“(2) Existing 5-year requirement—Paragraph (1) shall not apply to a military department that required an HRMA to be conducted for each installation not less frequently than once every five years before the date of the enactment of this section.
“(c) Submittal to Congress—The Secretary of Defense shall include with the budget for the Department of Defense for fiscal year 2024 and each subsequent fiscal year, as submitted to Congress pursuant to section 1105 of title 31, United States Code, a list of the military installations for which the Secretary concerned plans to conduct an HRMA during such fiscal year.
“(d) Housing Requirements and Market Analysis—The term “Housing Requirements and Market Analysis”or “HRMA” means, with respect to a military installation, a structured analytical process under which an assessment is made of both the suitability and availability of the private sector rental housing market using assumed specific standards related to affordability, location, features, physical condition, and the housing requirements of the total military population of the installation.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2836 the following new item:
Time frame—
In general— During each of fiscal years 2023 through 2027, the Secretary concerned shall conduct an HRMA for 20 percent of the military installations under the jurisdiction of the Secretary located in the United States.
Submittal of information to Congress— Not later than January 15, 2023, the Secretary concerned shall submit to the congressional defense committees a list of military installations for which the Secretary plans to conduct an HRMA during fiscal year 2023.
Definitions— In this section:
The term “HRMA” means, with respect to a military installation, a structured analytical process under which an assessment is made of both the suitability and availability of the private sector rental housing market using assumed specific standards related to affordability, location, features, physical condition, and the housing requirements of the total military population of the installation.
The term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.
Sec. 2812 Notice requirement for MHPI ground lease extensions
Section 2878 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(f) Notice of lease extensions—Not later than 90 days before extending the term of any ground lease of property or facilities under this section, the Secretary concerned shall provide to the congressional defense committees notice in writing of the extension and a briefing. Such notice and briefing shall include each of the following:
“(1) A description of any material differences between the extended ground lease and the original ground lease, including with respect to—
“(A) the length of the term of the lease, as extended; and
“(B) any new provisions that materially affect the rights and responsibilities of the ground lessor or the ground lessee under the original ground lease.
“(2) The number of housing units or facilities subject to the ground lease that, during the lease extension, are to be—
“(A) constructed;
“(B) demolished; or
“(C) renovated.
“(3) The source of any additional financing the lessor has obtained, or intends to obtain, during the term of the ground lease extension that will be used for the development of the property or facilities subject to the ground lease.
“(4) The following information, displayed annually, for the five-year period preceding the date of the notice and briefing:
“(A) The debt-to-net operating income ratio for the property or facility subject to the ground lease.
“(B) The occupancy rates for the housing units subject to the ground lease.
“(C) An report on maintenance response times and completion of maintenance requests for the housing units subject to the ground lease.
“(D) The occupancy rates and debt-to-net operating income ratios of any other military privatized housing initiative projects managed by a company that controls, or that is under common control with, the ground lessee entering into the lease extension.”
Sec. 2813 Annual briefings on military housing privatization projects
Section 2884 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d) Annual briefings—Not later than February 1 of each year, the Secretary concerned shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on military housing privatization projects under the jurisdiction of the Secretary. Such briefing shall include, for the 12-month period preceding the date of the briefing, each of the following:
“(1) The information described in paragraphs (1) through (14) of subsection (c) with respect to all military housing privatization projects under the jurisdiction of the Secretary.
“(2) A review of any such project that is expected to require the restructuring of a loan, including any public or private loan.
“(3) For any such project expected to require restructuring, a timeline for when such restructuring is expected to occur.
“(4) Such other information as the Secretary determines appropriate.”
Sec. 2814 Privatization of Navy and Air Force transient housing
Privatization required— Beginning on the date that is 11 years after the date of the enactment of this Act, the Secretary concerned shall begin the process of privatizing all transient housing in the United States under the jurisdiction of the Secretary concerned through the conveyance of the transient housing to one or more eligible entities. Such process shall be completed by not later than the date that is 15 years after the date of the enactment of this Act.
Applicable privatization laws— The Secretary concerned shall carry out this section using the authority provided by section 2872 of title 10, United States Code, consistent with subchapters IV and V of chapter 169 of such title.
Limitations— No Government direct loans, Government guarantees, or Government equity may be extended in consideration of any privatization carried out pursuant to subsection (a).
Consultations— In establishing a plan to carry out the privatization of transient housing pursuant to subsection (a), the Secretary concerned shall—
consult with the Secretary of the Army; and
to the greatest extent possible, incorporate into such plan the best practices and efficiencies of the Secretary of the Army in carrying out the privatization of transient housing under the jurisdiction of the Secretary of the Army.
Report required— Not later than one year after the date of the enactment of this Act, and annually thereafter until the privatization required under subsection (a) is complete, the Secretary concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes—
detailed plans for the privatization of all transient housing under the jurisdiction of the Secretary; and
timelines for conveyances and other critical milestones.
Rule of construction— Nothing in this section shall be construed to affect any transient housing or lodging program administered by the Coast Guard.
Definitions— In this section:
The term “eligible entity” has the meaning given that term in section 2871 of title 10, United States Code.
The term “transient housing” means lodging intended to be occupied by members of the Armed Forces on temporary duty.
The term “Secretary concerned” means—
the Secretary of the Navy, with respect to transient housing under the jurisdiction of the Secretary of the Navy; and
the Secretary of the Air Force, with respect to transient housing under the jurisdiction of the Secretary of the Air Force.
Sec. 2815 Military housing feedback tool
In general— The Secretary of Defense shall provide for a feedback tool, such as a rating system or similar mechanism, under which members of the Armed Forces and their spouses may anonymously identify, rate, and compare housing under the jurisdiction of the Department of Defense (including privatized military housing).
Components— The tool required under subsection (a) shall include the following components:
The capability for users to—
rate housing using multiple quality measures, including safety, the timeliness and quality of maintenance services, and the responsiveness of management;
upload visual media, including images;
include written comments; and
submit an alert for potential major health risks, such as the potential presence of lead paint, asbestos, mold, hazardous materials contaminated or unsafe drinking water, or serious safety issues, such as potential problems with fire or carbon monoxide detection equipment.
A comparison feature that can be used to compare ratings for different housing communities.
Accessibility by members of the Armed Forces, their family members, and members of Congress.
An educational feature to help users better identify potential environmental and safety hazards like lead paint, asbestos, mold and unsafe water, and potentially non-functional fire or carbon monoxide detection equipment for the purposes of protecting residents and submitting alerts described in paragraph (1)(D) for potential problems that may need urgent professional attention.
Reporting requirement— The Secretary of Defense shall submit to the appropriate congressional committees, and make available to the Secretary concerned, an annual report that includes a summary of the data collected using the feedback tool required under this section during the year covered by the report.
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—
the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and
the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.
Sec. 2816 Screening and registry of individuals with health conditions resulting from unsafe housing units
In general— Subchapter V of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
“2895. Screening and registry of individuals with health conditions resulting from unsafe housing units
“(a) Screening
“(1) In general—The Secretary of Defense, in consultation with appropriate scientific agencies as determined by the Secretary, shall ensure that all military medical treatment facilities screen eligible individuals for covered conditions.
“(2) Establishment of procedures—The Secretary may establish procedures through which screening under paragraph (1) may allow an eligible individual to be included in the registry under subsection (b).
“(b) Registry
“(1) In general—The Secretary of Defense shall establish and maintain a registry of eligible individuals who have a covered condition.
“(2) Inclusion of information—The Secretary shall include any information in the registry under paragraph (1) that the Secretary determines necessary to ascertain and monitor the health of eligible individuals and the connection between the health of such individuals and an unsafe housing unit.
“(3) Public information campaign—The Secretary shall develop a public information campaign to inform eligible individuals about the registry under paragraph (1), including how to register and the benefits of registering.
“(c) Definitions—In this section:
“(1) The term covered condition means a medical condition that is determined by the Secretary of Defense to have resulted from residing in an unsafe housing unit.
“(2) The term eligible individual means a member of the armed forces or a family member of a member of the armed forces who has resided in an unsafe housing unit.
“(3) The term unsafe housing unit means a dwelling unit that—
“(A) does not meet the housing quality standards established under section 8(o)(8)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)); or
“(B) is not free from dangerous air pollution levels from mold.”
Clerical amendment— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2894a the following new item:
Sec. 2817 Mandatory disclosure of presence of mold and health effects of mycotoxins before a lease is signed for privatized military housing
In general— Subchapter V of chapter 169 of title 10, United States Code, is amended by inserting after section 2890 the following new section:
“2890a. Disclosure of presence of mold and health effects of mycotoxins
“The Secretary of Defense shall require that each landlord, before signing a lease with a prospective tenant for a housing unit, disclose to such prospective tenant—
“(1) whether there is any mold present in the housing unit at levels that could cause harmful impacts on human health; and
“(2) information regarding the health effects of mycotoxins.”
Clerical amendment— The table of sections for such subchapter is amended by inserting after the item relating to section 2890 the following new item:
Sec. 2818 Modification of prohibition on ownership or trading of stocks in certain companies by certain officials of the Department of Defense
Section 988(a) of title 10, United States Code, is amended by striking “if that company is one of the 10 entities awarded the most amount of contract funds by the Department of Defense in a fiscal year during the five preceding fiscal years” and inserting “if, during the preceding calendar year, the company received more than $1,000,000,000 in revenue from the Department of Defense, including through 1 or more contracts with the Department”.
C Real Property and Facilities Administration
Sec. 2821 Authorized land and facilities transfer to support contracts with Federally Funded Research and Development Centers
In general— Chapter 159 of title 10, United States Code, is amended by inserting after section 2668a the following new section:
“2669. Transfer of land and facilities to support contracts with federally-funded research and development centers
“(a) Lease of land, facilities, and improvements
“(1) The Secretary of a military department may lease, for no consideration, land, facilities, and improvements to a covered FFRDC if the lease is to further the purposes of a contract between the Department of Defense and the covered FFRDC.
“(2) A lease entered into under paragraph (1) shall terminate on the earlier of the following dates:
“(A) The date that is 50 years after the date on which the Secretary enters into the lease.
“(B) The date of the termination or non-renewal of the contract between the Department of Defense and the covered FFRDC.
“(b) Conveyance of facilities and improvements
“(1) The Secretary of a military department may convey, for no consideration, ownership of facilities and improvements located on land leased to a covered FFRDC to further the purposes of a contract between the Department of Defense and the covered FFRDC.
“(2) The ownership of any facilities and improvements conveyed under this subsection shall revert to the United States upon the termination or non-renewal of the underlying land lease.
“(c) Covered FFRDC—In this section, the term “covered FFRDC” means a federally-funded research and development center that is sponsored by, and has entered into a contract with, the Department of Defense.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2668a the following new item:
Sec. 2822 Restoration or replacement of damaged, destroyed, or economically unrepairable facilities
Inclusion of appropriations account in congressional notification regarding funding— Subsection (b) of section 2854 of title 10, United States Code, is amended by inserting “military construction appropriations account that is the” before “source of funds”.
Economically unrepairable facilities— Subsection (c)(1) of such section is amended—
in the matter preceding subparagraph (A), by inserting “or is economically unrepairable” after “damaged or destroyed”;
in subparagraph (A), by inserting “, or the situation that rendered the facility economically unrepairable,” after “facility”; and
in subparagraph (B)(iii), by striking “damage to a facility rather than destruction” and inserting “a facility that has been damaged or rendered economically unrepairable rather than destroyed”.
Sec. 2823 Defense access road program enhancements to address transportation infrastructure in vicinity of military installations
In general— Section 2816 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) is amended—
in subsection (b)—
in paragraph (1), by striking “this Act” and inserting “the National Defense Authorization Act for Fiscal Year 2023”; and
in paragraph (2), by striking “this Act” and inserting “the National Defense Authorization Act for Fiscal Year 2023”; and
by adding at the end the following new subsections:
“(d) Petition for certification of roads as defense access roads
“(1) In general—Not later than October 1, 2023, the Secretary of Defense shall establish a formal mechanism under which—
“(A) a State, county, or municipality may petition the Secretary to certify roads as defense access roads under section 210 of title 23, United States Code; and
“(B) the Secretary shall respond, in writing, to any such petition by not later than 90 days after receiving the petition.
“(2) State defined—In this subsection, the term “State” means any of the several States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands.
“(e) Public availability of information—The Secretary of Defense shall maintain and update regularly on an appropriate website of the Federal Government, a list of all roads certified as important to the national defense by the Secretary or by such other official as the President may designate. Such website shall include, for each such road, each of the following:
“(1) The military installation (as such term is defined in section 2687(g)(1) of title 10, United States Code) that is in closest proximity to the road.
“(2) The date on which the road was so certified.
“(3) Any fiscal year for which the President transmitted to Congress under section 1105 of title 31, United States Code, a budget request that included an amount for such road.
“(4) Any fiscal year for which Congress appropriated an amount for such road.
“(f) Treatment of classified information—Nothing in subsection (d) or (e) shall be construed as a requirement for the Secretary of Defense to make publicly available any classified information.”
Report on defense access roads— Section 2814(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) is amended—
by striking “April 1, 2009” and inserting “one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023”; and
by inserting before the period at the end the following: “and name any road that the commander of a military installation (as such term is defined in section 2687(g)(1) of title 10, United States Code) or the Secretary of a military department has recommended that the Secretary of Defense certify as a defense access road during the period beginning on April 1, 2009, and ending on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023”.
Report on designation of certain highways as defense access roads—
Report— Not later than October 1, 2023, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of a study on the advisability of designating each of the roads identified under paragraph (2) as defense access roads for purposes of section 210 of title 23, United States Code.
Roads identified— The roads identified under this subsection are each of the following:
For Beale Air Force Base, California:
Chuck Yeager Road.
North Beale Road.
Spenceville Road, also known as Camp Beale Highway.
South Beale Road.
For Travis Air Force Base, California:
Air Base Parkway.
Canon Road.
Gate Road, including North Gate Road.
Petersen Road.
Vanden Road.
Sec. 2824 Physical entrances to certain military installations
The Secretary of Defense shall ensure that, to the extent practicable—
each military installation in the United States has a designated main entrance that, at all times, is manned by at least 1 member of the Armed Forces or civilian employee of the Department of Defense;
the location of each such designated main entrance is published on a publicly accessible Internet website of the Department;
if a military installation in the United States has any additional entrance designated for commercial deliveries to the military installation, the location of such entrance (and any applicable days or hours of operation for such entrance) is published on the same Internet website specified in paragraph (2); and
the information published on the Internet website specified in paragraph (2) is reviewed and, as necessary, updated on a basis that is not less frequent than annually.
Sec. 2825 Improvements relating to access to military installations in United States
Additional categories for expedited access— Chapter 159 of title 10, United States Code, is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly):
“2698. Access to military installations: standards for entry to military installations in United States
“(a) Access to military installations in United States
“(1) The Secretary of Defense shall maintain access standards applicable to all military installations in the United States. Such standards shall require screening standards appropriate to the type of installation involved, the security level of the installation, the category of individuals authorized to visit the installation, and the level of access to be granted, including—
“(A) protocols and criteria to determine the fitness of the individual to enter an installation;
“(B) standards and methods for verifying the identity of the individual; and
“(C) other factors the Secretary determines appropriate.
“(2) In developing the standards under paragraph (1), the Secretary shall, with respect to military installations in the United States—
“(A) include procedures for recurring unescorted access to facilitate future visits to the installation for individuals who—
“(i) are non-Department of Defense personnel; and
“(ii) are determined to be eligible under such standards; and
“(B) ensure that access for such individuals is based on the use of credentials non-Department of Defense personnel already posses, to the extent practical.
“(3) Upon publication in the Federal Register of final regulations to carry out paragraph (1), the Secretary shall publish the standards set forth therein on a publicly accessible Internet website of the Department of Defense.
“(4) In carrying out this subsection, the Secretary shall seek to procure and field existing identification screening technology (including technology to enable the Secretary to validate other Federally recognized access credentials) and develop additional technology only to the extent necessary to assist commanders of military installations in the United States in implementing the standards under paragraph (1) at points of entry for such installations.
“(b) Pre-arrival registration and screening protocol for access to military installations in United States—The Secretary shall ensure that the standards under subsection (a) include a specific protocol for the voluntary pre-arrival registration and screening of individuals anticipating a need for access to a military installation in the United States to establish the fitness and purpose of such individual. Under such protocol—
“(1) such a screening shall occur not less than 24 hours, and not more than 14 days prior, to the time of such access; and
“(2) if an individual is determined fit to enter the installation pursuant to the pre-arrival registration and screening, access may only be granted upon arrival at the military installation on the date of the established purpose, following a verification of the identity of the individual.
“(c) Unescorted access to military installations in United States for certain individuals—The Secretary shall maintain guidance regarding the granting of unescorted access to military installations in the United States for covered individuals and ensure such guidance is circulated to the commanders of each such military installation. Such guidance shall—
“(1) identify the categories of covered individuals that may obtain such unescorted access;
“(2) include a list of credentials that can be used for access to an installation that are, to the extent practical, types of identification non-Department of Defense personnel already posses.
“(3) be consistent across military installations in the United States; and
“(4) be in accordance with any privileges or benefits accorded under, procedures developed pursuant to, or requirements of, each covered provision and subsection (a).
“(d) Physical entrances to certain military installations—The Secretary shall ensure that, to the extent practicable—
“(1) each military installation in the United States has a designated main entrance that, at all times, is manned by at least one member of the Armed Forces or civilian employee of the Department;
“(2) the location of each such designated main entrance is published on a publicly accessible Internet website of the Department;
“(3) if a military installation in the United States has any additional entrance designated for commercial deliveries to the military installation, the location of such entrance (and any applicable days or hours of operation for such entrance) is published on the same Internet website specified in paragraph (2); and
“(4) the information published on the Internet website specified in paragraph (2) is reviewed and, as necessary, updated on a basis that is not less frequent than annually.
“(e) Reviews and submission to Congress—On a basis that is not less frequent than once every five years, the Secretary shall—
“(1) review the standards and guidance under this section, and make such updates as may be determined appropriate by the Secretary; and
“(2) submit to the Committees on Armed Services of the House of Representatives and the Senate the most recently reviewed and, as applicable, updated version of such standards and guidance.
“(f) Definitions—In this section:
“(1) The term “covered individual” means, with respect to a military installation in the United States, the following:
“(A) A member of the armed forces or civilian employee of the Department of Defense, or an employee or family member of such member or employee, who resides, attends school, receives health care services, or shops at a commissary or exchange store on the installation.
“(B) A retired member of the armed forces, including the reserve components, or a family member of such retired member, who resides, attend schools, receives health care services, or shops at a commissary or exchange store on the installation.
“(C) An individual performing work at the installation under a contract or subcontract (at any tier), including a military construction project, military family housing project, or a Facilities Sustainment, Restoration, and Modernization project.
“(D) A motor carrier or household goods motor carrier providing transportation services for the United States Transportation Command.
“(E) An official who is employed by an agency of the State in which the installation is located that enforces laws relating to workers’ compensation or minimum wage with respect to such State and who is seeking such access pertaining to a specific military construction project, military family housing project, or Facilities Sustainment, Restoration, and Modernization project.
“(F) A representative of any labor organization (as defined in section 2 of the National Labor Relations Act (29 U.S.C. 152)), including a member of any labor management committee described in section 205A of the Labor Management Relations Act, 1947 (29 U.S.C. 175a), who is—
“(i) seeking access to an individual performing work at the installation who is a member of such labor organization—
“(I) in connection with a specific military construction project, military family housing project, or Facilities Sustainment, Restoration, and Modernization project; or
“(II) pursuant to a concessions or service contract subject to chapter 67 of title 41 (known as the “McNamara-O'Hara Service Contract Act of 1965”); or
“(ii) seeking access to an individual performing work at the installation for the purposes of soliciting such individual to join such labor organization.
“(G) A representative of any labor organization (as defined in section 2 of the National Labor Relations Act (29 U.S.C. 152)), including a member of any labor management committee described in section 205A of the Labor Management Relations Act, 1947 (29 U.S.C. 175a), or a representative of a program registered under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; 29 U.S.C. 50 et seq.) conducting a vocational training, job fair, or similar workforce development event for members of the armed forces or veterans at the installation.
“(2) The term “covered provision” means the following:
“(A) Chapter 54 of this title.
“(B) Section 202 of the REAL ID Act of 2005 (Public Law 109–13; 49 U.S.C. 30301 note).
“(C) Section 2812 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2150; 10 U.S.C. 113 note).
“(D) Sections 346 and 1050 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note).
“(E) Section 626 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1802; 10 U.S.C. 113 note).
“(F) Section 1090 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3879; 10 U.S.C. 113 note).
“(3) The term “Federally recognized access credential” means a credential authorized by Federal law or otherwise issued by the head of a Federal department or agency that requires the vetting of an individual for access to a facility, area, or program.
“(4) The term “military installation” has the meaning given that term in section 2801 of this title.
“(5) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, or the Commonwealth of the Northern Mariana Islands.
“(6) The term “United States” includes each State, as such term is defined in this subsection.”
Deadline for first review and submission to Congress— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
conduct the first review of the standards and guidance required under section 2698 of title 10, United States Code (as added by subsection (a)); and
submit to the Committees on Armed Services of the House of Representatives and the Senate the reviewed and, as applicable, updated version of such standards and guidance.
Modification to certain notification requirement— Section 1090(b)(2)(B) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3879; 10 U.S.C. 113 note) is amended by striking “is” and inserting “and, as appropriate, the Secretary of Homeland Security and the Director of the Federal Bureau of Investigation, are”.
Technical and conforming amendments—
Repeal of duplicate provision— Section 1069 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 326) is repealed.
Conforming amendments to prior National Defense Authorization Act— Section 1050 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 113 note; 130 Stat. 2396) is amended—
in subsection (a), by striking “Department of Defense installations” and inserting “military installations in the United States”;
in subsection (b), by striking “Department of Defense facilities” and inserting “military installations in the United States”; and
by adding at the end the following new subsection:
“(c) Definitions—In this section, the terms “military installation” and “United States” have the meanings given such terms in section 2698(e) of title 10, United States Code.”
D Military Facilities Master Plan Requirements
Sec. 2831 Limitation on use of funds pending completion of military installation resilience component of master plans for at-risk major military installations
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Office of the Secretary of Defense for administration and service-wide activities, not more than 50 percent may be obligated or expended until the date on which the each Secretary of a military department has satisfied the requirements of section 2833 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2864 note).
E Matters Related to Unified Facilities Criteria and Military Construction Planning and Design
Sec. 2841 Consideration of installation of integrated solar roofing to improve energy resiliency of military installations
The Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1– 200–01) to require that planning and design for military construction projects inside the United States include consideration of the feasibility and cost-effectiveness of installing integrated solar roofing as part of the project, for the purpose of—
promoting on-installation energy security and energy resilience;
providing grid support to avoid energy disruptions; and
facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10, United States Code, as added and amended by section 2825 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283).
Sec. 2842 Study of military housing resilience and energy efficiency
Study— The Secretary of Defense shall conduct a study of military housing resilience and energy efficiency to assess compliance with the Unified Facilities Criteria for Housing and with the latest published editions of relevant codes, specifications, and standards that incorporate the latest hazard-resistant and energy-efficient designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures.
Elements— The study shall include the following elements:
An identification and assessment of deficiencies, costs, and timelines to relocate, rehabilitate, repair, or retrofit as needed all military housing, including barracks, family housing, and privatized family and unaccompanied housing, to ensure health, safety, energy security, and resilience.
An inventory of all housing structures that are located in floodprone areas and within the Wildland-Urban Interface.
An identification and inventory of all housing structures that experienced loss or damage due to weather or other natural hazards during the preceding five years.
An identification of any needed updates to the Unified Facilities Criteria to ensure such Criteria comports with the latest published editions of relevant codes, specifications, and standards that incorporate the latest hazard-resistant and energy-efficient designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures.
Initial report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required under subsection (a).
Annual reports— One year after the date of the submittal of the initial report under subsection (c), and annually thereafter, the Secretary shall submit to the congressional defense committees a report on the progress of the Department of defense in addressing deficiencies identified in the initial report, with the goal of addressing all deficiencies for all military housing within five years and to ensure that all military housing is sited, designed, and maintained to comply with the latest codes, specifications, and standards for health, safety, energy security, and resilience.
F Land Conveyances
Sec. 2851 Extension of time frame for land conveyance, Sharpe Army Depot, Lathrop, California
Section 2833(g) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “one year” and inserting “three years”.
Sec. 2852 Authority for transfer of administrative jurisdiction, Castner Range, Fort Bliss, Texas
Section 2844 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended—
in subsection (a)—
in paragraph (1)—
by redesignating the text beginning with “convey” and ending with “Franklin Mountains State Park.” as subparagraph (B);
by striking “may” and inserting “may—”; and
by inserting after subparagraph (B), as redesignated by subparagraph (A) of this paragraph, the following new subparagraph (A):
“(A) transfer administrative jurisdiction of approximately 7,081 acres at Fort Bliss, Texas, to the Secretary of the Interior (acting through the Director of the Bureau of Land Management) which shall be managed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and any other applicable laws; or”
in paragraph (2)—
by inserting “transfer of administrative jurisdiction or” before “conveyance”;
by inserting “transfer to the Secretary of the Interior or” before “convey to the Department”; and
by striking “Department’s”;
in subsection (b)—
by inserting “conveys the real property under subsection (a)(1)(B) and” after “If the Secretary”; and
by striking “conveyed under subsection (a)”;
in the first subsection (c), by striking “the land conveyance under this section” and inserting “a land conveyance under subsection (a)(1)(B)”;
by redesignating the second subsection (c) and subsections (d) and (e) as subsections (d), (e), and (f), respectively;
in subsection (d), as so redesignated, by inserting “transferred or” before “conveyed”;
in subsection (e), as so redesignated, by striking “the conveyances under subsection (a)” and inserting “a conveyance under subsection (a)(1)(B)”;
in subsection (f), as so redesignated—
by striking “federal” each place it appears and inserting “Federal”;
by striking “non-federal” each place it appears and inserting “non-Federal”; and
in paragraph (3), by inserting “transferred or” before “conveyed”; and
by adding at the end the following new subsection:
“(g) Memorandum of understanding—The Secretary may enter into a memorandum of understanding with the Secretary of the Interior (acting through the Director of the Bureau of Land Management) regarding any transfer of administrative jurisdiction under subsection (a)(1)(A).”
Sec. 2853 Conveyance, Joint Base Charleston, South Carolina
Conveyance authorized— The Secretary of the Air Force (in this section referred to as the “Secretary”) may convey to the City of North Charleston, South Carolina (in this section referred to as the “City”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 26 acres known as the Old Navy Yard at Joint Base Charleston, South Carolina, for the purpose of permitting the City to use the property for economic development.
Consideration—
In general— As consideration for the conveyance under subsection (a), the City shall pay to the United States an amount at least equal to the fair market value, as determined by the Secretary, based on an appraisal of the property to be conveyed under such subsection. Consideration may be cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. The consideration paid to the Secretary must be sufficient, as determined by the Secretary, to provide replacement space for, and for the relocation of, any personnel, furniture, fixtures, equipment, and personal property of any kind and belonging to any military department, located upon the property to be conveyed under subsection (a). All cash consideration must be paid in full, and any in-kind consideration must be complete and useable, and delivered to the satisfaction of the Secretary at or prior to date of the conveyance under subsection (a).
In-kind consideration— In-kind consideration described in this paragraph may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure within proximity to the Joint Base Charleston Weapons Station (South Annex) and located on Joint Base Charleston, that the Secretary considers acceptable.
Treatment of cash consideration received— Any cash payment received by the United States under paragraph (1) shall be deposited in the special account in the Treasury referred to in subparagraph (A) of paragraph (5) of subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with subparagraph (B) of such paragraph.
Payment of costs of conveyance—
Payment required— The Secretary may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, appraisal costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City.
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 that is 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.
Condition of conveyance— The conveyance under subsection (a) shall be subject to all valid existing rights and the condition that the City accept the property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance “as is”).
Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Old Navy Yard— In this section, the term “Old Navy Yard” includes the facilities used by the Naval Information Warfare Center Atlantic including, buildings 1602, 1603, 1639, 1648, and such other facilities, infrastructure, and land along or near the Cooper River waterfront at Joint Base Charleston as the Secretary considers to be appropriate.
Sec. 2854 Land conveyance, Naval Air Station Oceana, Dam Neck Annex, Virginia Beach, Virginia
Conveyance authorized— The Secretary of the Navy may convey to the Hampton Roads Sanitation District (in this section referred to as the “HRSD”) all right, title, and interest of the United States in and to a parcel of installation real property, including any improvements thereon, consisting of approximately 7.9 acres located at Naval Air Station Oceana in Dam Neck Annex, Virginia Beach, Virginia. The Secretary may void any land use restrictions associated with the property to be conveyed under this subsection.
Consideration—
Amount and determination— As consideration for the conveyance under subsection (a), the HRSD shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary. The Secretary’s determination of fair market value shall be final. In lieu of all or a portion of cash payment of consideration, the Secretary may accept in-kind consideration.
Treatment of cash consideration— The Secretary of the Navy shall deposit any cash payment received under paragraph (1) in the special account in the Treasury established for the Secretary of the Navy under subsection (a) of paragraph (1) of subsection (e) of section 2667 of title 10, United States Code. The entire amount deposited shall be available for use in accordance with subparagraph (D) of such paragraph.
Payment of costs of conveyance—
Payment required— The Secretary of the Navy shall require the HRSD to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected 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 HRSD.
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. 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 parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
Additional terms and conditions— The Secretary of the Navy 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.
Sec. 2855 Land exchange, Marine Reserve Training Center, Omaha, Nebraska
Land exchange authorized— The Secretary of the Navy may convey to the Metropolitan Community College Area, a political subdivision of the State of Nebraska, (in this section referred to as the “College”), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, known as the Marine Reserve Training Center in Omaha, Nebraska.
Consideration— As consideration for the conveyance under subsection (a), the College shall convey to the Secretary of the Navy real property interests either adjacent or proximate, to Offutt Air Force Base, Nebraska.
Land exchange agreement— The Secretary of the Navy and the College may enter into a land exchange agreement to implement this section.
Valuation— The value of each property interest to be exchanged by the Secretary of the Navy and the College described in subsections (a) and (b) shall be determined—
by an independent appraiser selected by the Secretary; and
in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.
Cash equalization payments—
To the secretary— If the value of the property interests described in subsection (a) is greater than the value of the property interests described in subsection (b), the values shall be equalized through either of the following or a combination thereof:
A cash equalization payment from the College to the Department of the Navy.
In-kind consideration provided by the College, which may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Marine Corps Reserve Training Center Omaha.
No equalization— If the value of the property interests described in subsection (b) is greater than the value of the property interests described in subsection (a), the Secretary may not make a cash equalization payment to equalize the values.
Payment of costs of conveyance—
Payment required— The Secretary of the Navy shall require the College to pay all costs to be incurred by the Secretary to carry out the exchange of property interests under this section, including such costs related to land survey, environmental documentation, real estate due diligence such as appraisals, and any other administrative costs related to the exchange of property interests, including costs incurred preparing and executing a land exchange agreement authorized under subsection (c). If amounts are collected from the College 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 exchange of property interests, the Secretary shall refund the excess amount to the College.
Treatment of amounts received— Amounts received by the Secretary of the Navy under paragraph (1) shall be used in accordance with section 2695(c) of title 10, United States Code.
Description of property— The exact acreage and legal description of the property interests to be exchanged under this section shall be determined by surveys that are satisfactory to the Secretary of the Navy.
Conveyance agreement— The exchange of real property interests under this section shall be accomplished using an appropriate legal instrument and upon terms and conditions mutually satisfactory to the Secretary of the Navy and the College, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
Exemption from screening requirements for additional Federal use— The authority under this section is exempt from the screening process required under section 2696(b) of title 10, United States Code.
G Miscellaneous Studies and Reports
Sec. 2861 FFRDC study on practices with respect to development of military construction projects
Study required— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center for the conduct of a study on the practices of the Department of Defense with respect to the development of military construction projects.
Elements— An agreement under subsection (a) shall specify that the study conducted pursuant to the agreement shall address each of the following:
Practices with respect to adoption of United Facilities Criteria changes and their inclusion into advanced planning, DD form 1391 budget justifications, and planning and design.
Practices with respect to how sustainable materials, such as mass timber and low carbon concrete, are assessed and included in advanced planning, DD form 1391 budget justifications, and planning and design.
Barriers to incorporating innovative techniques, including 3D printed building techniques.
Whether the Strategic Environmental Research and Development Program or the Environmental Security Technology Certification Program could be used to validate such materials and techniques to provide the Army Corps of Engineers and the Naval Facilities Engineering Systems Command with confidence in the use of such materials and techniques.
Report to Congress— Not later than 60 days after the completion of a study pursuant to an agreement under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study.
Sec. 2862 Feasibility study for Blue Grass Chemical Agent-Destruction Pilot Plant
Study— The Secretary of Defense, in consultation with the Secretary of the Army, shall conduct a feasibility study to assess potential missions, plants, or industries feasible for Army or Department of Defense needs at the Blue Grass Chemical Agent-Destruction Pilot Plant following the demolition and remediation of the Blue Grass Chemical Agent-Destruction Pilot Plant located at the Blue Grass Army Depot in Richmond, Kentucky. The study shall include the following:
Identification of any buildings and infrastructure in the Blue Grass Chemical Agent-Destruction Pilot Plant that could remain for future Army or Department of Defense use.
Cost savings associated with repurposing existing infrastructure for Army or Department of Defense purposes.
Opportunities to fulfil requirements for defense organic industrial base operations.
Opportunities to fulfil requirements of Army Materiel Command strategic planning, including ammunition production.
Opportunities to fulfil Army or Department of Defense modernization requirements.
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a).
Sec. 2863 Comptroller General assessment of military construction, maintenance, and upgrades of joint base infrastructure and facilities
In general— The Comptroller General of the United States shall conduct an assessment of possible inequitable prioritization of military construction, maintenance, and upgrades of joint base infrastructure and facilities, with a focus on facilities as they relate to subordinate components relative to the supporting component on joint bases.
Elements— The assessment required by subsection (a) shall include the following elements:
Historical analysis of investments made in infrastructure used by supported components, including allocation of new infrastructure spending between supported and supporting components.
The policies and procedures at the departmental and installation level designed to ensure the proper sustainment, restoration, modernization, recapitalization, new construction, and demolition of infrastructure used by supported components.
Efforts to address the priorities of the supported components through military construction and facility upgrades.
Potential benefits of using the supported components’ service-specific construction agents for major infrastructure investments.
Sec. 2864 Report on underground tunnels and facilities in Hawaii
Requirements survey— Not later than 120 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 containing the results of a survey of underground tunnels and facilities on Department of Defense property located in Hawaii, and such report shall include—
a description of the location, size, and condition of underground tunnels and facilities currently in use;
a description of the location, size, and condition of unused underground tunnels and facilities;
a description of any current proposed future uses for each of the unused underground tunnels and facilities, if any;
a summary of existing unmet requirements for hardened underground facilities for each service; and
efforts to coordinate across the services the assessments and potential future use of hardened underground facilities.
Form— The survey required under subsection (a) shall be submitted in unclassified form, but shall include a classified annex to include all information responsive to the study directive that is classified.
Sec. 2865 Comptroller General report on community engagement activities at military installations in foreign countries
Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report containing the results of a study conducted by the Comptroller General on community engagement activities at military installations located in foreign countries. The report shall address the following:
The programs and processes that exist at military installations located in foreign countries to manage relationships with the local community.
Whether existing programs and authorities are effective at fostering positive community relations at military installations located in foreign countries.
An identification of any authorities or changes to existing programs that could help the Department of Defense improve relationships with local communities at military installations located in foreign countries.
Sec. 2866 Report on recognition of African American servicemembers in Department of Defense naming practices
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the following information:
A description of current Department of Defense naming conventions for military installations, infrastructure, vessels, and weapon systems.
A list of all military installations (including reserve component facilities), infrastructure (including reserve component infrastructure), vessels, and weapon systems that are currently named after African Americans who served in the Armed Forces.
An explanation of the steps being taken to recognize the service of African Americans who have served in the Armed Forces with honor, heroism, and distinction by increasing the number of military installations, infrastructure, vessels, and weapon systems named after deserving African American members of the Armed Forces.
Sec. 2867 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.
Sec. 2868 Directing the Secretary of Defense to deliver a briefing on housing with respect to junior members of the Armed Forces
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall deliver a briefing on the housing realities, difficulties, and needs facing junior members of the Armed Forces to the Committee on Armed Services of the House of Representatives. The briefing shall include:
An overview of the available on-base housing stock, military services’ and individual bases’ housing requirements and practices, as well as other possible options for housing junior members of the Armed Forces.
An outline of Department plans for identifying installations with a shortage of on-base or off-base housing for junior enlisted members of the Armed Forces and plans to address any shortages in order to enable bases to house their junior members of the Armed Forces more productively, cost-effectively, and safely, with an eye to quality of life and force readiness.
Any other information the Secretary determines to be relevant.
Sec. 2869 Reporting on lead service lines and lead plumbing
Initial report— Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report that includes—
a description of the state of lead service lines and lead plumbing on military installations, military housing, and privatized military housing;
an evaluation of whether military installations, military housing, and privatized military housing are in compliance with the standards established in the Lead and Copper rule and, if not, an identification of the areas of non-compliance; and
an identification of steps and resources needed to remove remaining lead service lines and lead plumbing in military installations and housing.
Inclusion of information in annual report— The Secretary shall include in the Defense Environmental Programs annual report for each year after the year in which the initial report is submitted information on the compliance of Department of Defense facilities and housing with the Lead and Copper Rule.
H Other Matters
Sec. 2871 Defense community infrastructure program
Section 2391(e)(4)(A)(i) of title 10, United States Code, is amended by inserting “or on property subject to a real estate agreement with a military installation, including a lease or easement” after “installation”.
Sec. 2872 Inclusion in Defense Community Infrastructure Pilot Program of certain projects for ROTC training
Section 2391 of title 10, United States Code, is further amended—
in subsection (d)(1)(B)—
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and
by inserting after clause (i) the following new clause (ii):
“(ii) Projects that will contribute to the training of cadets enrolled in an independent Reserve Officer Training Corps program at a covered educational institution.”
in subsection (e), by adding at the end the following new paragraph:
“(6) The term “covered educational institution” means a college or university that is—
“(A) a part B institution, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061);
“(B) an 1890 Institution, as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601);
“(C) not affiliated with a consortium; and
“(D) located at least 40 miles from a major military installation.”
Sec. 2873 Basing decision scorecard consistency and transparency
Section 2883(h) of the Military Construction Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1781b note) is amended by adding at the end the following new paragraphs:
“(4) Coordination with secretary of defense—In establishing a scorecard under this subsection, the Secretary of the military department concerned shall coordinate with the Secretary of Defense to ensure consistency among the military departments.
“(5) Publication in Federal Register—The methodology and criteria for establishing each scorecard under this subsection shall be published in the Federal Register for public comment.”
Sec. 2874 Lease or use agreement for category 3 subterranean training facility
In general— The Secretary of Defense shall seek to enter into a lease or use agreement with a category 3 subterranean training facility that—
is located in close proximity to air assault and special forces units; and
has the capacity to—
provide brigade or large full-mission profile training;
rapidly replicate full-scale underground venues;
support helicopter landing zones; and
support underground live fire.
Use of facility— A lease or use agreement entered into pursuant to subsection (a) shall provide that the category 3 subterranean training facility shall be available for—
the hosting of training and testing exercises for—
for members of the Armed Forces, including special operations forces;
personnel of combat support agencies, including the Defense Threat Reduction Agency; and
such other personnel as the Secretary of Defense determines appropriate; and
for such other purposes as the Secretary of Defense determines appropriate.
Duration— The duration of any lease or use agreement entered into pursuant to subsection (a) shall be for a period of not less than 5 years.
Category 3 subterranean training facility defined— In this section, the term “category 3 subterranean training facility” means an underground structure designed and built—
to be unobserved and to provide maximum protection; and
to serve as a command and control, operations, storage, production, and protection facility.
Sec. 2875 Required consultation with State and local entities on issues related to increase in number of military personnel at military installations
If any decision of the Secretary of Defense or the Secretary of a military department would result in a significant increase in the number of members of the Armed Forces assigned to a military installation, the Secretary of Defense or the Secretary of the military department concerned, during the development of the plans to implement the decision with respect to that installation, shall consult with appropriate State and local entities to ensure that matters affecting the local community, including requirements for transportation, utility infrastructure, housing, education, and family support activities, are considered.
Sec. 2876 Required investments in improving child development centers
Investments in Child Development Centers— Of the total amount authorized to be appropriated for the Department of Defense for Facilities Sustainment, Restoration, and Modernization activities of a military department, the Secretary of that military department shall reserve the following amounts of the estimated replacement cost of the total inventory of child development centers under the jurisdiction of that Secretary for the purpose of carrying out projects for the improvement of child development centers:
An amount equal to one percent of such cost for fiscal year 2023.
An amount equal to two percent of such cost for fiscal year 2024.
An amount equal to three percent of such cost for fiscal year 2025.
An amount equal to five percent or such cost for fiscal year 2026.
Child development center defined— The term “child development center” has meaning given the term “military child development center” in section 1800(1) of title 10, United States Code.
Sec. 2877 Limitation on use of funds for closure of combat readiness training centers
In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Air Force may be obligated or expended to close, or prepare to close, any combat readiness training center.
Waiver— The Secretary of the Air Force may waive the limitation under subsection (a) with respect to a combat readiness training center, if the Secretary submits to the congressional defense committees each of the following:
A certification that—
the closure of the center would not be in violation of section 2687 of title 10, United States Code; and
the support capabilities provided by the center will not be diminished as a result of the closure of the center.
A report that includes—
a detailed business case analysis for the closure of the center; and
an assessment of the effects the closure of the center would have on unit training, including active duty units that may use the center.
Sec. 2878 Pilot program on use of mass timber in military construction projects
In general— The Secretary of each of the military departments shall carry out a pilot program to evaluate how the use of mass timber as the primary construction material in military construction projects affects the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of such projects. The Secretary of a military department may carry out a military construction project under the pilot program using the authorities available to the Secretary of Defense under section 2914 of title 10, United States Code, regarding military construction projects for energy resilience, energy security, and energy conservation.
Project selection and location—
Minimum number— Each Secretary of a military department shall carry out at least one military construction project under the pilot program.
Project locations— The pilot program shall be conducted at military installations in the United States—
that are identified as vulnerable to extreme weather events; and
for which a military construction project is authorized but a request for proposal has not been released.
Military unaccompanied housing— In selecting military construction projects for the pilot program, the Secretaries of the military departments shall coordinate to ensure that at least one of the projects involves the construction of military unaccompanied housing.
Reports—
In general— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until December 31, 2025, the Secretaries of the military departments shall jointly submit to the congressional defense committees a report on the progress of the pilot program.
Elements— Each report required under paragraph (1) shall include each of the following:
A description of the status of the military construction projects selected to be conducted under the pilot program.
An explanation of the reasons for the selection of such military construction projects.
An analysis of the projected or actual carbon footprint, including stored carbon in building materials, resilience to extreme weather events, construction timeliness, and cost effectiveness, of the military construction projects conducted under the pilot program using mass timber as compared to other materials historically used in military construction.
Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of mass timber, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible.
Mass timber defined— In this section, the term “mass timber” means any of the following:
Cross-laminated timber.
Nail-laminated timber.
Glue-laminated timber.
Laminated strand lumber.
Laminated veneer lumber,
Termination— The authority of the Secretary of a military department to carry out a military construction project under this section shall expire on September 30, 2025. Any construction commenced under the pilot program before such date may continue until completion.
Sec. 2879 Contributions for climate resilience for North Atlantic Treaty Organizations Security Investment
Section 2806(a) of title 10, United States Code, is amended by striking “and construction” and inserting “construction, and climate resilience”.
Sec. 2880 Screening and registry of individuals with health conditions resulting from unsafe housing units
In general— Subchapter V of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
“2895. Screening and registry of individuals with health conditions resulting from unsafe housing units
“(a) Screening
“(1) The Secretary of Defense, in consultation with appropriate scientific agencies as determined by the Secretary, may ensure that all military medical treatment facilities screen eligible individuals for covered conditions and covered lead exposure.
“(2) The Secretary may establish procedures through which screening under paragraph (1) may allow an eligible individual to be included in the registry under subsection (b).
“(b) Registry
“(1) The Secretary of Defense shall establish and maintain a registry of eligible individuals who have a covered condition.
“(2) The Secretary shall include any information in the registry under paragraph (1) that the Secretary determines necessary to ascertain and monitor the health of eligible individuals and the connection between the health of such individuals and an unsafe housing unit.
“(3) The Secretary shall develop a public information campaign to inform eligible individuals about the registry under paragraph (1), including how to register and the benefits of registering.
“(c) Definitions—In this section:
“(1) The term “covered armed force” means the following:
“(A) The Army.
“(B) The Navy.
“(C) The Marine Corps.
“(D) The Air Force.
“(E) The Space Force.
“(2) The term covered condition means a medical condition that is determined by the Secretary of Defense to have resulted from residing in an unsafe housing unit.
“(3) The term “covered lead exposure” means lead exposure that is determined by the Secretary of Defense to have resulted from residing in an unsafe housing unit.
“(4) The term eligible individual means a member of a covered armed force or a family member of a member of a covered armed force who has resided in an unsafe housing unit.
“(5) The term unsafe housing unit means a dwelling unit that—
“(A) does not meet the housing quality standards established under section 8(o)(8)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)); or
“(B) is not free from dangerous air pollution levels from mold.”
Clerical amendment— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2894a the following new item:
Sec. 2881 Recognition of Memorial, Memorial Garden, and K9 Memorial of the National Navy UDT-SEAL Museum in Fort Pierce, Florida, as a national memorial, memorial garden, and K9 memorial, respectively, of Navy SEALs and their predecessors
The Memorial, Memorial Garden, and K9 Memorial of the National Navy UDT-SEAL Museum, located at 3300 North Highway A1A, North Hutchinson Island, in Fort Pierce, Florida, are recognized as a national memorial, memorial garden, and K9 memorial, respectively, of Navy SEALs and their predecessors.
Sec. 2882 Ensuring that contractor employees on Army Corps projects are paid prevailing wages as required by law
The Assistant Secretary of the Army for Civil Works shall provide to each Army Corps district clarifying, uniform guidance with respect to prevailing wage requirements for contractors and subcontractors of the Army Corps that—
conforms with the Department of Labor’s regulations, policies, and guidance with respect to the proper implementation and enforcement of subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”) and other related Acts, including the proper classification of all crafts by Federal construction contractors and subcontractors;
directs Army Corps districts to investigate worker complaints and third-party complaints within 30 days of the date of filing; and
instructs Army Corps districts that certified payroll reports submitted by contractors and subcontractors and the information contained therein shall be publicly available and are not exempt from disclosure under section 552(b) of title 5, United States Code.
Sec. 2883 Inclusion of climate resilience services in the Combatant Commander Initiative Fund
Section 166a(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
“(11) Climate resilience of military installations and essential civilian infrastructure.
“(12) Military support to civilian and military authorities to combat illegal wildlife trafficking, illegal timber trafficking, and illegal, unreported, or unregulated fishing.”
Sec. 2884 Interagency Regional Coordinator for Resilience Pilot Project
Pilot project— The Secretary of Defense shall carry out a pilot program under which the Secretary shall establish within the Department of Defense four Interagency Regional Coordinators. Each Interagency Regional Coordinator shall be responsible for improving the resilience of a community that supports a military installation and serving as a model for enhancing community resilience before disaster strikes.
Selection— Each Interagency Regional Coordinator shall support military installations and surrounding communities within a geographic area, with at least one such Coordinator serving each of the East, West, and Gulf coasts. For purposes of the project, the Secretary shall select geographic areas—
with significant sea level rise and recurrent flooding that prevents members of the Armed Forces from reaching their posts or jeopardizes military readiness; and
where communities have collaborated on multi-jurisdictional climate adaptation planning efforts, including such collaboration with the Army Corps of Engineers Civil Works Department and through Joint Land Use Studies.
Collaboration— In carrying out the pilot project, the Secretary shall build on existing efforts through collaboration with State and local entities, including emergency management, transportation, planning, housing, community development, natural resource managers, and governing bodies and with the heads of appropriate Federal departments and agencies.
XXIX Science and Technology Military Construction
Sec. 2901 Authorized Army construction and land acquisition projects
The Secretary of the Army may acquire real property and carry out the military construction projects for the installations inside the United States, and in the amounts, set forth in the following table:
Sec. 2902 Authorized Navy construction and land acquisition project
The Secretary of the Navy may acquire real property and carry out the military construction project for the installation inside the United States, and in the amount, set forth in the following table:
Sec. 2903 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 inside the United States, and in the amounts, set forth in the following table:
Sec. 2904 Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2022, for the military construction projects inside the United States authorized by this title as specified in the funding table in section 4601.