Sec. 2001 Short title
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2025”.
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, 2027; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028.
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, 2027; or
the date of the enactment of an Act authorizing funds for fiscal year 2028 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
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:
Prototype project aggregate transaction value— The Secretary of the Army may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project notwithstanding section 4022(i)(2)(B) of title 10, United States Code:
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 or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2102 Family housing
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, and in the amounts, set forth in the following table:
Improvements to military family housing units—
In general— Subject to section 2825 of title 10, United States Code, and 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 improve existing military family housing units in an amount not to exceed $81,114,000.
Clarification of authority to carry out prior year improvements to military family housing units improvements—
Fiscal year 2019— Notwithstanding section 2102 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2242), subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) of that Act and available for military family housing functions as specified in the funding table in section 4601 of that Act, the Secretary of the Army may improve existing military family housing units in an amount not to exceed $80,100,000.
Fiscal year 2020— Notwithstanding section 2102 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1864), subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) of that Act and available for military family housing functions as specified in the funding table in section 4601 of that Act, the Secretary of the Army may improve existing military family housing units in an amount not to exceed $87,205,000.
Fiscal year 2023— Notwithstanding section 2102 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2972), subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) of that Act and available for military family housing functions as specified in the funding table in section 4601 of that Act, the Secretary of the Army may improve existing military family housing units in an amount not to exceed $26,500,000.
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 $31,333,000.
Sec. 2103 Authorization of appropriations, Army
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2024, 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 sections 2101 and 2102 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. 2104 Extension of authority to carry out fiscal year 2018 project at Kunsan Air Base, Korea
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 2101(b) of that Act (131 Stat. 1819) and extended by section 2106(a) of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2973) and section 2105 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 712), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2105 Extension of authority to carry out fiscal year 2019 project at Mihail Kogalniceanu FOS, Romania
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorization set forth in the table in subsection (b), as provided in section 2901 of that Act (132 Stat. 2286) and extended by section 2106(b)(1) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 713), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2106 Extension of authority to carry out certain fiscal year 2020 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1862), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act, shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2107 Extension of authority to carry out certain fiscal year 2021 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in section 2101(a) of that Act (134 Stat. 4295) and extended by section 2107(a) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 713), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2108 Extension of authority to carry out certain fiscal year 2022 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in sections 2101 and 2105 of that Act (135 Stat. 2163, 2165), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2109 Additional authority to carry out certain fiscal year 2025 project at McAlester Army Depot, Oklahoma
Project authorization— The Secretary of the Army may carry out a military construction project to construct an ammunition demolition facility at McAlester Army Depot, Oklahoma, in the amount of $74,000,000.
Use of unobligated prior-year Army military construction funds— The Secretary may use funds that are unobligated and available for Army military construction that were appropriated for a fiscal year before fiscal year 2025 for the project described in subsection (a).
Scope of work variations— If it becomes necessary to exceed the authorized project cost under subsection (a), the Secretary shall use the authority under section 2853 of title 10, United States Code, regarding authorized cost and scope of work variations.
Availability of information— The Secretary shall provide information in accordance with section 2851(c) of title 10, United States Code, regarding the project described in subsection (a).
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:
Prototype project aggregate transaction value— The Secretary of the Navy may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project notwithstanding section 4022(i)(2)(B) of title 10, United States Code:
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 installations or locations outside the United States, and in the amounts, 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, 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 $35,438,000.
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 $13,329,000.
Sec. 2203 Authorization of appropriations, Navy
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2024, 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 sections 2201 and 2202 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 2019 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240) the authorizations set forth in the table in subsection (b), as provided in section 2201(b) and 2902 of that Act (132 Stat. 2244, 2286) and extended by section 2204 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 716), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2205 Extension of authority to carry out certain fiscal year 2020 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1862) the authorization set forth in the table in subsection (b), as provided in section 2201(a) of that Act (133 Stat. 1865), and the authorization for military construction projects for child development centers set forth in section 2809 of that Act (133 Stat. 1887), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2206 Extension of authority to carry out certain fiscal year 2021 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (134 Stat. 4297) and extended by section 2205 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 718), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2207 Extension of authority to carry out certain fiscal year 2022 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in sections 2201 and 2202(a) of that Act (135 Stat. 2166, 2167), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2208 Additional authority to carry out fiscal year 2025 project in Cooperative Security Location Comalapa, El Salvador
Project authorization— The Secretary of the Navy may carry out a military construction project to construct a hangar and ramp expansion for Cooperative Security Location Comalapa, El Salvador, in the amount of $28,000,000.
Use of unobligated prior-year Navy military construction funds— The Secretary may use funds that are unobligated and available for Navy military construction funds that were appropriated for a fiscal year before fiscal year 2025 for the project described in subsection (a).
Scope of work variations— If it becomes necessary to exceed the authorized project cost under subsection (a), the Secretary shall use the authority under section 2853 of title 10, United States Code, regarding authorized cost and scope of work variations.
Availability of information— The Secretary shall provide information in accordance with section 2851(c) of title 10, United States Code, regarding the project described in subsection (a).
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:
Prototype project aggregate transaction value— The Secretary of the Air Force may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project notwithstanding section 4022(i)(2)(B) of title 10, United States Code:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(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
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, and in the amount, set forth in the following table:
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 2303(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 $209,242,000.
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(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 $6,557,000.
Sec. 2303 Authorization of appropriations, Air Force
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2024, 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 sections 2301 and 2302 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 fiscal year 2017 project at Spangdahlem Air Base, Germany
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2902 of that Act (130 Stat. 2743) and extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2169) and section 2304(b) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 721), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2305 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 2903 of that Act (131 Stat. 1876) and extended by section 2304(b) of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2980) and section 2305(b) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 722), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2306 Extension of authority to carry out certain fiscal year 2019 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorizations set forth in the table in subsection (b), as provided in section 2903 of that Act (132 Stat. 2287) and extended by section 2306(b) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 724), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2307 Extension of authority to carry out certain fiscal year 2020 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1862), the authorizations set forth in the table in subsection (b), as provided in sections 2301(a) and 2912(a) of that Act (133 Stat. 1867, 1913), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2308 Extension of authority to carry out fiscal year 2021 project at Joint Base Langley-Eustis, Virginia
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorization set forth in the table in subsection (b), as provided in section 2301(a) of that Act (134 Stat. 4299) and extended by section 2307(a) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 725), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2309 Extension of authority to carry out certain fiscal year 2022 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (135 Stat. 2168), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
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 installations or locations outside the United States, and in the amounts, 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:
Improvement of conveyed utility systems— In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects 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, 2024, 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 sections 2401 and 2402 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 fiscal year 2018 project in Iwakuni, Japan
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) and extended by section 2404 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2984) and by section 2404 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 728), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2405 Extension of authority to carry out fiscal year 2019 project in Iwakuni, Japan
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorization set forth in the table in subsection (b), as provided in section 2401(b) of that Act (132 Stat. 2249) and extended by section 2405(a) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 729), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2406 Extension of authority to carry out fiscal year 2020 project in Fort Indiantown Gap, Pennsylvania
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1862), the authorization set forth in the table in subsection (b), as authorized pursuant to section 2402 of such Act (133 Stat. 1872), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2407 Extension of authority to carry out certain fiscal year 2021 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorization set forth in the table in subsection (b), as provided in sections 2401(b) and 2402 of that Act (134 Stat. 4305, 4306) and extended by sections 2406 and 2407 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 730), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2408 Modification of authority to carry out fiscal year 2022 project at Joint Base Anacostia-Bolling, District of Columbia
In the case of the authorization contained in the table in section 2402(a) of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2174) for Joint Base Anacostia-Bolling, District of Columbia, for construction of PV carports, the Secretary of Defense may install a 1.0 megawatt battery energy storage system for a total project amount of $40,650,000.
Sec. 2409 Extension of authority to carry out certain fiscal year 2022 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in sections 2401(b) and 2402 of that Act (135 Stat. 2173, 2174), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, 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, 2024, 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, and in the amounts, set forth in the following table:
Sec. 2503 Extension of use of authorized amounts for North Atlantic Treaty Organization Security Investment Program
Section 2806(b) of title 10, United States Code, is amended—
by striking “Funds” and inserting “(1) Funds”; and
by adding at the end the following new paragraph:
“(2) If any funds authorized for the North Atlantic Treaty Organization Security Investment program for a fiscal year are available to be obligated or expended at the end of that fiscal year and no funds have been authorized for the following fiscal year, not more than 25 percent of the amount authorized for the North Atlantic Treaty Organization Security Investment program for that fiscal year shall be deemed to be authorized by law for purposes of paragraph (1) for the following fiscal year.”
Sec. 2504 Modification of contributions for projects executed by the United States under the North Atlantic Treaty Organization Security Investment Program
Section 2350q of title 10, United States Code, is amended—
in subsection (c), by amending paragraph (3) to read as follows:
“(3) If contributions are made under paragraph (1) as reimbursement for a project or portion of a project previously completed by the Department of Defense, such contributions shall be credited to appropriations for the Program and shall merge with and remain available for the same purposes and duration as such appropriations.”
in subsection (e)—
by striking paragraph (2);
by striking “(1) In the event” and inserting “In the event”; and
by striking “using any unobligated funds” and all that follows through the period at the end and inserting “using—
“(1) any unobligated funds appropriated to the Secretary for military construction; and
“(2) unobligated funds available for operation and maintenance if the aggregate amount of insufficient contributions for the project does not exceed the amount specified in section 2805(c) of this title.”
Sec. 2505 Contributions for projects executed by host nations other than the United States under the North Atlantic Treaty Organization Security Investment Program
Section 2350q of title 10, United States Code, is amended—
by redesignating subsection (f) as subsection (g); and
by inserting after subsection (e) the following new subsection (f):
“(f) Conjunctive contributions if the United States is not designated as the Host Nation for a project
“(1) If the United States is not designated as the Host Nation for purposes of executing a project under the Program and such project meets the minimum military requirements of the North Atlantic Treaty Organization but does not fully meet the requirements of the Department of Defense, the Secretary of Defense, upon determination that completion of the project is in the national interest of the United States, may provide conjunctive contributions to the designated Host Nation using—
“(A) any unobligated funds appropriated to the Secretary for military construction; and
“(B) unobligated funds available for operation and maintenance if the aggregate amount of conjunctive contributions for the project does not exceed the amount specified in section 2805(c) of this title.
“(2)
“(A) A project may be carried out with conjunctive contributions provided under paragraph (1) only after the end of the 14-day period beginning on the date on which a report described in subparagraph (B) with respect to the project is received by the congressional defense committees in an electronic medium.
“(B) A report described in this subparagraph with respect to a project shall contain—
“(i) a notification of the decision of the Secretary to provide conjunctive contributions under paragraph (1) with respect to the project;
“(ii) a description of the justification for the project;
“(iii) an identification of the source of funds to be used for the project; and
“(iv) an assessment of the estimated cost of the project.”
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 Republic of Poland funded construction projects
Pursuant to agreement with the Republic of Poland for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Poland, and in the amounts, set forth in the following table:
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 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
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 locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2603 Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2604 Authorized Air National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2605 Authorized Air Force Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2606 Authorization of appropriations, National Guard and Reserve
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2024, 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. 2607 Extension of authority to carry out fiscal year 2018 project at Hulman Regional Airport, Indiana
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 2604 of that Act (131 Stat. 1836) and extended by section 2608 of the Military Construction Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2989) and section 2607 of the Military Construction Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 737), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2608 Extension of authority to carry out certain fiscal year 2020 projects
Extension— Notwithstanding section 2002 of the Military Construction Defense Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1862), the authorizations set forth in the table in subsection (b), as provided in section 2601 of that Act (133 Stat. 1875), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2609 Extension of authority to carry out certain fiscal year 2021 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (Division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, and 2604 of that Act (134 Stat. 4312, 4313, 4314) and extended by section 2609 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 738), shall remain in effect until October 1, 2025, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2610 Extension of authority to carry out certain fiscal year 2022 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (Division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, 2604, and 2605 of that Act (135 Stat. 2178, 2179) and amended by section 2607(1) of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2988), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2611 Modification of authority to carry out fiscal year 2022 project
In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2178) for Bennington National Guard Armory, Vermont, for construction of a National Guard Readiness Center as specified in the funding table in section 4601 of such Act and extended pursuant to section 2610 of this Act, the Secretary of the Army may construct the National Guard Readiness Center in Lyndon, Vermont.
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, 2024, 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 specified in the funding table in section 4601.
XXVIII Military Construction General Provisions
A Military Construction Program
Sec. 2801 Inclusion of land acquisition under definition of unspecified minor military construction project
Section 2805(a)(2) of title 10, United States Code, is amended by striking “or a demolition project” and inserting “, land acquisition, or demolition project”.
Sec. 2802 Extension of expanded authority to convey property at military installations
Sec. 2803 Authority to accept host nation financial services in the form of an irrevocable letter of credit
Section 2350g(a) of title 10, United States Code, is amended —
in paragraph (1), by striking “; and” and inserting a semicolon;
in paragraph (2), by striking the period and inserting “; and”; and
by adding at the end the following new paragraph:
“(3) financial services in the form of an irrevocable letter of credit that is—
“(A) established and controlled by the foreign country for making payments on behalf of the Department of Defense when executing contracts entered into under the authority of part V of subtitle A of this title; and
“(B) issued by a financial institution acceptable to the Treasurer of the United States.”
Sec. 2804 Modification of authority for Indo-Pacific posture unspecified minor military construction projects
Section 2810 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is amended—
in subsection (a), by striking “$15,000,000” and inserting “$30,000,000”;
in subsection (b), by amending paragraph (2) to read as follows:
“(2) to the extent necessary, as either a stand-alone acquisition or as part of a minor military construction project, any acquisition of interests in land, or support or reimbursement for acquisition of interests in land, for establishment of a defense site or other area over which the Secretary of a military department or the Secretary of Defense will exercise operational control, without regard to the duration of the operational control.”
in subsection (c)—
in paragraph (2), by striking “; or” and inserting semicolon;
in paragraph (3), by striking the period and inserting “; or”; and
by adding at the end the following new paragraph:
“(4) acquiring interests in land, defense sites, or operational control over areas needed to support another project or projects under this section or to support a future military construction project.”
in subsection (d), by inserting “or planned military installation” after “military installation”; and
in subsection (e)(2), by striking “section 2805(c) of title 10, United States Code” and inserting “subsection (c) of section 2805, United States Code, subject to adjustment upward to reflect a construction cost index published pursuant to subsection (f) of such section if such an index applies to the location of the project, except that the adjusted amount may not exceed the limit under subsection (a)”.
Sec. 2805 Requirement that damaged or destroyed facilities are built back with resilience
Section 2854 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(d)
“(1) Any military construction project to repair, restore, or replace a damaged or destroyed facility, including a family housing facility, shall be designed and constructed to prevent future damage or destruction by the cause or causes that generated the damage or destruction of the facility being repaired, restored, or replaced.
“(2) Design measures under paragraph (1) for a repaired, restored, or replaced facility—
“(A) shall ensure that the facility—
“(i) provides for military installation resilience; and
“(ii) is designed and constructed to standards that address threats due to weather, flooding, or land subsidence projected for not less than 50 years from the estimated date of completion of the project; and
“(B) may, if necessary to avoid flooding, land subsidence, or other threatening conditions, include relocation of the facility on the installation.”
Sec. 2806 Industrial plant equipment and associated services as in-kind consideration under leases of non-excess property
Section 2667(c)(1) of title 10, United States Code—
in subparagraph (A), by inserting before the period at the end the following: “, whether or not needed for the functionality of the property or facility leased”;
in subparagraph (F), by inserting before the period at the end the following: “, which may include industrial process optimization”; and
by adding at the end the following new subparagraphs:
“(G) Refurbishment of existing industrial plant equipment on the leased property.
“(H) Removal and replacement of industrial plant equipment on the leased property that is at or near end-of-life.
“(I) Provision of new industrial plant equipment on the leased property (including new technology), installation of such equipment, and maintenance of such equipment, but only if the title to such equipment passes to the Federal Government.”
Sec. 2807 Ordering authority for design and construction of facilities of Department of Defense
In general— Subchapter I of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
“2818. Ordering authority
“(a) In general—The head of a department or organization within the Department of Defense may place an order with any other such department or organization for the design and construction of facilities of the Department of Defense, including facility maintenance and repair projects and minor construction projects, on a reimbursable basis.
“(b) Obligations—An order placed by the head of a department or organization under subsection (a) is deemed to be an obligation of such department or organization in the same manner as a similar order or contract placed with a private contractor.
“(c) Contingency expenses—An order placed under subsection (a) may include a reasonable amount for contingency expenses.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2817 the following new item:
Sec. 2808 Obligation and execution of design funds for military construction projects
In general— Not later than 90 days after amounts are appropriated for design for a military construction project, the Secretary of Defense shall ensure that the construction agent in charge of such project enters into a contract for the obligation and execution of such amounts.
Completion of work— If a project has a total cost of less than $150,000,000, not less than 35 percent of the design under a contract described in subsection (a) shall be completed not later than 180 days after the award of such contract.
Sec. 2809 Modification of definition of military installation for purposes of notifications related to basing decision-making process
Section 483(f)(4) of title 10, United States Code, is amended, in the first sentence, by striking “, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or Guam”.
Sec. 2810 Guidance regarding maintenance of aggregate square footage of buildings of Department of Defense
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance regarding the maintenance of the aggregate square footage of buildings of the Department of Defense, which shall be designated as “1 in 1 out guidance”, pursuant to the requirements of this section.
Maintenance of square footage— Guidance required under subsection (a) shall ensure that every square footage of growth of a building of the Department of Defense, as described in subsection (c), is offset with an equivalent reduction in square footage by—
a funded disposal action (such as demolition or transfer); or
identifying facilities to be entered into a contingency operational status.
Growth described— Growth of a building of the Department of Defense described in this subsection shall include growth due to—
carrying out a military construction, unspecified minor military construction, or unspecified minor construction project;
acquisition of an existing building on land owned by a military department, such as transfer from another military department or transfer in lieu of demolition;
a gift of construction; or
construction carried out through the use of non-appropriated funds, private funding, or family housing funds that are converted to appropriated funds.
Major commands— The major commands of the military departments shall be responsible for carrying out the growth offsets required under this section.
Documentation— Upon reaching 100 percent design of a project that increases the square footage of a building of the Department of Defense, the Secretary of Defense shall update the Department of Defense Form 1391 for such project to identify the reduction in square footage to accompany such increase.
Application— This section shall apply to—
military construction, unspecified minor military construction, or unspecified minor construction projects funded in fiscal years beginning on or after October 1, 2025; and
other sources of growth on or after the date of the enactment of this Act.
Sec. 2811 Pilot program to optimize and consolidate facilities of the Army for resilient and healthy defense communities
Establishment— The Secretary of the Army may conduct a pilot program in accordance with the requirements of this section (in this section referred to as the “pilot program”).
Purpose— The purpose of the pilot program is to assess the feasibility and effectiveness of implementing a more comprehensive footprint optimization initiative to ensure the scale and scope of the infrastructure footprint of the Department of Army is aligned with the needs of the Department of the Army.
Project—
In general— Under the pilot program, the Secretary of the Army may carry out a military construction project, not otherwise authorized by law, to create more livable, productive, and resilient communities through the optimization and consolidation of facilities of the Department of the Army, including leased facilities.
Requirements— The Secretary of the Army may carry out a project to optimize and consolidate facilities under the pilot program if—
the facilities being optimized and consolidated are currently occupied;
the project will result in facilities that have at least 20 percent less square footage (or equivalent unit of measurement) than the facilities being optimized and consolidated;
under the project, the facilities being optimized and consolidated are either demolished or form an integral part of such project, and if such facilities are leased, the lease is terminated; and
the Secretary of the Army has conducted an economic analysis of the project that accounts for anticipated cost requirements for the design, construction, sustainment, restoration, modernization, operation, and demolition of new and existing facilities associated with the project and such analysis supports a positive net present value over a 20-year period.
Maximum project cost—
In general— The project carried out under the pilot program may not exceed a total cost of $25,000,000.
Funds used— The project under the pilot program may be carried out using only funds available to the Secretary of the Army for unspecified minor military construction.
Limitation— Not more than one project may be carried out under the pilot program.
Congressional notification—
Submission— Not later than 14 days before initiating the project under the pilot program, the Secretary of the Army shall submit to the congressional defense committees notice of the project.
Contents— A notice required under paragraph (1) for the project under the pilot program shall include, with respect to the project—
the justification and current cost estimate;
the expected savings-to-investment ratio;
simple payback estimates;
the measurement and verification cost estimate; and
a description of how the project would improve the functions of the supported organization and the efficient management of real property of the Department of the Army.
Report—
Submission— Not later than 18 months after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the status of the project under the pilot program.
Contents— The report required under paragraph (1) shall include, with respect to the project conducted under the pilot program, the following information:
The title and location of the project, a brief description of the scope of work, the original project cost estimate, and the current working project cost estimate.
The original expected savings-to-investment ratio, simple payback estimates, annual reoccurring savings, 20-year net present value, annual return on investment, and measurement and verification cost estimate.
The current expected savings-to-investment ratio, and simple payback estimates, annual reoccurring savings, 20-year net present value, annual return on investment, and measurement and verification cost estimate.
A brief description of the measurement and verification plan and planned funding source, to include the net change in the square footage (or other unit of measurement) reduction accomplished by the project.
How the project improved the functions of and the efficient management of real property by the supported organization.
Such other information as the Secretary of the Army considers appropriate.
Sunset— The authority of the Secretary of the Army to conduct the pilot program shall expire on the date that is three years after the date of the enactment of this Act, except that if congressional notification for the project under the pilot program has been provided under subsection (d) prior to such date, the project may be carried out to completion.
Sec. 2812 Information on military construction projects at joint bases
In general— For each of fiscal years 2025 through 2030, the Secretary of each military department shall, for each joint base established pursuant to 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 under the jurisdiction of the Secretary concerned, submit to the congressional defense committees the following:
In addition to the project documents submitted to Congress in connection with the budget of the President submitted under section 1105(a) of title 31, United States Code, for a fiscal year in which a military construction project contract is proposed to be awarded by the host organization for the joint base, a report that describes the location, title, and cost, together with a Department of Defense Form 1391, for each military construction project that was requested by the host organization or by any tenant organization on the joint base and is considered for that fiscal year.
The prioritized ranking by the host organization of all military construction projects at the joint base, both those proposed in the budget described in paragraph (1) and those that were requested by the host organization or by a tenant organization but not proposed in such budget.
The rationale of the host organization for selecting the military construction projects proposed in the budget described in paragraph (1) instead of projects that were requested but not proposed in such budget.
Definitions— In this section:
Host organization— The term host organization, with respect to a joint base, means any organization that is a part of the military department under the Secretary with jurisdiction over the joint base.
Military construction project— The term military construction project includes projects for facility sustainment, restoration, and modernization.
Requested by a tenant organization— The term requested by a tenant organization, with respect to a military construction project, means a military construction project that a tenant organization, acting through its local commanding officer or local director, proposed to the host organization.
Tenant organization— The term tenant organization, with respect to a joint base, means any organization described in section 111(b)(11) of title 10, United States Code, and located on the joint base but does not include any host organization.
Sec. 2813 Report on munitions and explosives of concern and construction projects in Joint Region Marianas
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the following:
A description of any policy or requirement of the Department of Defense related to munitions and explosives of concern in Joint Region Marianas.
A description of the cost, schedule, and safety mitigation efforts related to any military construction project in Joint Region Marianas.
Identification of each organization that holds wavier authority for any requirement related to munitions and explosives of concern in Joint Region Marianas.
Sec. 2814 Improvement of conduct by the Navy of the replacement of certain dry docks and other projects
Coordination— The Secretary of the Navy (in this section referred to as the “Secretary”) shall coordinate with the Comptroller General of the United States regarding best practices on cost estimating and lessons learned to avoid future cost increases for—
the replacement by the Navy of dry dock 1 at Portsmouth Naval Shipyard;
the replacement by the Navy of dry dock 3 at Pearl Harbor Naval Shipyard; and
any other projects of the Navy under the Shipyard Infrastructure Optimization Program.
Planning— On and after the date of the enactment of this Act, the Secretary shall conduct more extensive planning on large military construction projects of the Navy to more accurately identify operational mission need dates.
Briefings—
In general— Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter until each project is completed, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the construction projects for the replacement by the Navy of dry dock 1 at Portsmouth Naval Shipyard and dry dock 3 at Pearl Harbor Naval Shipyard.
Elements— Each briefing required under paragraph (1) shall include, at a minimum, the following:
An overview of the steps the Secretary is taking to ensure the costs of the projects specified in such paragraph do not increase further.
An assessment by the Secretary as of the date of the briefing of the likelihood of future cost overruns for each such project.
Any other details the Secretary determines relevant to support oversight by Congress of each such project or other projects under the Shipyard Infrastructure Optimization Program.
Sec. 2815 Minimum investment for facilities sustainment, restoration, and modernization
In general— Chapter 159 of title 10, United States Code, is amended by adding at the end the following new section:
“2698. Minimum investment for facilities sustainment, restoration, and modernization for military departments
“(a) In general—For each fiscal year, the Secretary of each military department shall invest in the budget for facilities sustainment, restoration, and modernization for the military department a total amount equal to not less than the percentage specified in subsection (b) of the plant replacement value for the total inventory of all facilities owned and maintained by the military department.
“(b) Percentage specified—The percentage specified in this subsection is the following:
“(1) For fiscal year 2026, 1.75 percent.
“(2) For fiscal year 2027, 2.5 percent.
“(3) For fiscal year 2028, 3.25 percent.
“(4) For fiscal year 2029 and each subsequent fiscal year, 4 percent.
“(c) Certification—The Secretary of each military department shall include with the annual budget submission of the President under section 1105(a) of title 31 a certification to the congressional defense committees verifying that the military department is complying with the requirements of this section.
“(d) Plant replacement value defined—In this section, the term plant replacement value means the cost to replace the current physical plant using construction costs (labor and materials) and standards (methodologies and codes) as of the date such cost is calculated.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2697 the following new item:
B Military Housing
Sec. 2821 Increase in percentage limitations on value of United States investment in privatized military housing projects
Sec. 2822 Treatment of nondisclosure agreements with respect to privatized military housing
Section 2890(f) of title 10, United States Code, is amended—
in paragraph (1)—
by striking “(1) A tenant or prospective tenant of a housing unit may not be required to sign” and inserting “A landlord may not request that a tenant or prospective tenant of a housing unit sign”; and
in the first sentence, by inserting “or in connection with the provision by the landlord of services related to the housing unit” before the period; and
by striking paragraphs (2) and (3).
C Land Conveyances
Sec. 2831 Land conveyance, Fort Bliss, El Paso, Texas
Conveyance authorized—
In general— The Secretary of the Army (in this section referred to as the “Secretary”) may convey to El Paso Water of El Paso Public Service Board (in this section referred to as “El Paso Water”), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 45.3 acres, known as the Kay Bailey Hutchison Desalination Plant, and an adjoining parcel of approximately 20 acres, located at Fort Bliss, Texas, for the purposes of stormwater flood control for Fort Bliss and the neighboring community.
Continuation of existing easements, restrictions, and covenants— The conveyance of the property under paragraph (1) shall be subject to any existing easement, restriction, and covenant, including the easement numbered DACA63–2–09–0524 and entitled “EASEMENT FOR DESALINATION PLANT, WATER PIPELINE AND RELATED SUPPORT STRUCTURES IN SUPPORT OF A WATER SUPPLY AGREEMENT” (in this section referred to as the “existing easement”).
Payment of fair market value—
In general— As consideration for the conveyance under subsection (a), El Paso Water shall pay to the Secretary an amount equal to the fair market value of the property to be conveyed as determined by the Secretary, which may consist of cash payment, in-kind consideration as described in paragraph (2), or a combination thereof.
In-kind consideration— For the payment required under paragraph (1), El Paso Water may provide in-kind consideration, including one or more of the following:
Discounted or stabilized water commodity rates in accordance with the terms and conditions of any water service or supply agreement in place on the date of the enactment of this Act and referenced in the existing easement.
The acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental or munitions remediation), or a combination thereof, of property, facilities, or infrastructure located on the Castner Range National Monument.
The delivery of services relating to the needs of Fort Bliss that the Secretary considers acceptable.
Reversionary interest—
In general— If the Secretary determines that the property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property.
Opportunity for hearing— A determination by the Secretary under paragraph (1) may be made on the record after an opportunity for a hearing.
Payment of costs of conveyance—
Payment required— The Secretary may require El Paso Water to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs for appraisals, environmental and real estate due diligence, and any other administrative costs related to the conveyance.
Refund of excess amounts— If amounts are collected from El Paso Water under paragraph (1) 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 under subsection (a), the Secretary shall refund the excess amount to El Paso Water.
Limitation on source of funds— El Paso Water may not use Federal funds to cover any portion of the costs required to be paid by El Paso Water under this section.
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.
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.
Sec. 2832 Cleanup and transfer of certain property at former Army installation to East Bay Regional Park District
The Secretary of the Army, in connection with the approximately 15-acre upland portion of property at the shoreline of the former installation of the Army in Oakland, California, shall—
in coordination with the California Department of Toxic Substances Control and the appropriate California Regional Water Quality Control Board—
not later than March 1, 2025, endeavor to complete a remedial investigation and feasibility study in compliance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
not later than one year after the completion of such remedial investigation and feasibility study, submit to the congressional defense committees a draft decision document for review; and
complete the final property transfer of that portion of the property to the East Bay Regional Park District as soon as all Federal and State environmental standards have been met.
Sec. 2833 Land conveyance, Fort Huachuca, Sierra Vista, Arizona
Conveyance authorized—
In general— The Secretary of the Army may convey, without consideration, to the City of Sierra Vista, Arizona (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 203 acres, comprising a portion of Fort Huachuca, Arizona, for the purpose of compatible development of the municipal airport located in the City.
Continuation of existing easements, restrictions, and covenants— The conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act.
Revisionary interest—
In general— If the Secretary of the Army determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property.
Determination— A determination by the Secretary of the Army under paragraph (1) shall be made on the record after an opportunity for a hearing.
Payment of costs of conveyance—
Payment required— The Secretary of the Army shall require the City to cover all costs (except costs for environmental remediation of the property) 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 costs for environmental and real estate due diligence and any other administrative costs related to the conveyance.
Refund of excess amounts— If amounts collected by the Secretary of the Army from the City under paragraph (1) in advance exceed the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City.
Limitation on source of funds— The City may not use Federal funds to cover any portion of the costs required to be paid by the City under this section.
Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Army.
Additional terms and conditions— The Secretary of the Army 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. 2834 Release of interests retained in Camp Joseph T. Robinson, Arkansas
Release of retained interests—
In general— With respect to a parcel of land at Camp Joseph T. Robinson, Arkansas, consisting of approximately 241.33 acres located in a part of section 2, township 2 north, range 12 west, Pulaski County, Arkansas, and comprising a portion of the property conveyed by the United States to the State of Arkansas for training of the National Guard and for other military purposes pursuant to “An Act authorizing the transfer of part of Camp Joseph T. Robinson to the State of Arkansas”, approved June 30, 1950 (64 Stat. 311, chapter 429), the Secretary of the Army may release the terms and conditions imposed, and reversionary interests retained, by the United States under section 2 of such Act, and the right to reenter and use the property retained by the United States under section 3 of such Act.
Impact on other rights or interests— The release of terms and conditions and retained interests under paragraph (1) with respect to the parcel described in such paragraph shall not be construed to alter the rights or interests retained by the United States with respect to the remainder of the real property conveyed to the State of Arkansas under the Act described in such paragraph.
Instrument of release of retained interests— The Secretary of the Army may execute and file in the appropriate office a deed of release, amended deed, or other appropriate instrument reflecting the release of terms and conditions and retained interests under subsection (a)(1).
Reimbursement; Payment of Administrative Costs—
Payment required—
In general— The Secretary of the Army may require the State of Arkansas to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the release of terms and conditions and retained interests under subsection (a)(1), including survey costs, costs related to environmental documentation, and other administrative costs related to the release.
Refund of amounts— If amounts paid to the Secretary of the Army by the State of Arkansas in advance under subparagraph (A) exceed the costs actually incurred by the Secretary to carry out the release, the Secretary shall refund the excess amount to the State.
Treatment of amounts received— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary of the Army to carry out the release of terms and conditions and retained interests under subsection (a)(1) shall be credited to, merge with, and be available for the same purposes and subject to the same limitations as the fund or account that was used to cover the costs incurred to carry out the release.
Legal description of the property— The exact acreage and legal description of the property described in subsection (a)(1) shall be determined by a survey satisfactory to the Secretary of the Army.
Sec. 2835 Report on former Army-Navy General Hospital, Hot Springs National Park, Hot Springs, Arkansas
Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Local Defense Community and Cooperation shall submit to the congressional defense committees a report on the following:
The cost of replacing or repairing all fire suppression systems at the former Army-Navy General Hospital, Hot Springs National Park, Hot Springs, Arkansas.
A summary of work needed to replace or repair all fire suppression systems at such property, including an estimate of the time it would take to replace or repair all such systems.
The steps required for the Secretary of the Army to execute a quitclaim deed covering any reversionary interest of the United States in such property.
D Other Matters
Sec. 2841 Authority for shoreline erosion control projects to protect military installation infrastructure
in the section heading, by striking “management” and inserting “management and shoreline erosion control”;
in subsection (a)—
in the matter preceding paragraph (1), by striking “carry out a stormwater management project on or related to a military installation for the purposes of” and inserting “, on or related to a military installation, carry out”;
by striking paragraphs (1) and (2) and inserting the following:
“(1) a stormwater management project for the purposes of—
“(A) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and
“(B) protecting nearby waterways and stormwater-stressed ecosystems; or
“(2) a shoreline erosion control project for the purpose of improving, protecting, or repairing shoreline to protect the infrastructure of a military installation or a defense access road from shoreline erosion.”
in subsection (b), in the matter preceding paragraph (1), by striking “management” and inserting “management or shoreline erosion control”;
in subsection (c)—
by striking “stormwater management”;
by striking “proposals involving” and inserting “proposals—
“(1) for stormwater management that involve”
by striking the period and inserting “; and”; and
by adding at the end the following new paragraph:
“(2) for shoreline erosion control that involve the improvement, protection, or repair of shoreline subject to wave action or stormwater runoff and water levels resulting from extreme weather conditions.”
in subsection (d)—
in the matter preceding paragraph (1), by striking “stormwater management”;
in paragraph (1), by striking “measures” and inserting “measures to address storm water management”; and
by adding at the end the following new paragraph:
“(4) The use of sheet piles, riprap, armor stone, sea walls, natural plantings, or any future technologies created to address shoreline erosion control.”
in subsection (f)—
by striking “stormwater management” each place it appears; and
in paragraph (2)(B)—
in clause (i), by striking “; and” and inserting a semicolon;
in clause (ii), by striking the period and inserting “; and”; and
by adding at the end the following new clause:
“(iii) improve, protect, or repair shoreline to protect infrastructure of a military installation or a defense access road from shoreline erosion.”
Clerical amendment— The table of sections at the beginning of subchapter I of chapter 169 of such title is amended by striking the item relating to section 2815a and inserting the following new item:
Sec. 2842 Coordination of repair and maintenance of Kolekole Pass
In general— The Secretary of the Army and the Secretary of the Navy shall jointly coordinate the repair and maintenance, including any planning for such repair and maintenance, of the Kolekole Pass in Hawaii, which originates at Schofield Barracks and ends in Waianae.
Requirements—
Investigation— In carrying out subsection (a), the Secretary of the Army and the Secretary of the Navy shall work with State partners in Hawaii to investigate the scope and budget requirements to structurally reinforce and repair the Kolekole Pass so it may be used for emergency egress by both military and civilian personnel in the event of an emergency.
Report— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the investigation conducted under paragraph (1).
Sec. 2843 Consideration of installation infrastructure and other supporting resources by Department of Defense Test Resource Management Center
Review by Director of budgets for installation infrastructure and other supporting resources— Section 4173(c)(1)(A) of title 10, United States Code, is amended—
in clause (i), by striking “; and” and inserting a semicolon;
in clause (ii), by striking the period and inserting “; and”; and
by adding at the end the following new clause:
“(iii) installation infrastructure, workforce, information technology, and other resources that support the activities of the Major Range and Test Facility Base.”
Treatment of infrastructure on Kwajalein Atoll— Section 4173 of title 10, United States Code, is amended—
by redesignating subsection (i) as subsection (j); and
by inserting after subsection (h) the following new subsection:
“(i) Infrastructure on Kwajalein Atoll
“(1) For the purposes of this section, infrastructure located on Kwajalein Atoll that supports the operations of test and range facilities of the Department of Defense shall be considered to be part of the Army Kwajalein Major Range and Test Facility Base and subject to the requirements of subsections (e) and (f).
“(2) This subsection shall have no effect on or after October 1, 2030.”
Conforming amendment—
Title 10— Section 130i(j)(3)(C)(ix) of title 10, United States Code, is amended by striking “sections 4173(i)” and inserting “section 4173(j)”.
National Defense Authorization Act for Fiscal Year 2010— Section 220(c) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 221 note) is amended by striking “sections 4173(i)” and inserting “section 4173(j)”.
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023— Section 236(g) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 4001 note) is amended by striking “section 4173(i)” and inserting “section 4173(j)”.
Sec. 2844 Extension of Department of the Army pilot program for development and use of online real estate inventory tool
Section 2866(h) of the Military Construction Authorization Act for Fiscal Year 2021 (Division B of Public Law 116–283; 10 U.S.C. 7771 note prec.) is amended by striking “September 30, 2025” and inserting “September 30, 2026”.
Sec. 2845 Review of roles and responsibilities for construction projects of Department of Defense
In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center not sponsored by the Department of the Army or the Department of the Navy (in this section referred to as the “Center”) to review the roles and responsibilities for executing construction projects for the Department of Defense, including military construction projects and facilities sustainment, restoration, and modernization projects.
Report— Not later than February 1, 2026, the Center shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review conducted under subsection (a).
Elements— At a minimum, the report required under subsection (b) shall include the following:
An identification of the cost of having two construction agents for the Department of Defense, including any redundant costs, and the potential efficiencies of consolidation into a single construction agent.
An assessment of the design and construction delivery processes of the Army Corps of Engineers and the Naval Facilities Engineering Systems Command, including the composition of the design delivery and construction delivery team for each entity.
An identification of the total number of members of the Armed Forces, civilian employees of the Federal Government, and contractors by specialty (such as job series or military occupation code) involved in executing construction projects for the Army Corps of Engineers and the Naval Facilities Engineering Systems Command, which shall—
exclude all individuals serving in civil works positions unless those individuals support programs of the Department of Defense; and
include a recommendation of the number of personnel and their specialties that would be appropriate under a single entity for all military departments.
An assessment of the costs of the Army Corps of Engineers and the Naval Facilities Engineering Systems Command carrying out the functions specified in each of paragraphs (2) and (3).
An assessment of the internal controls of the Army Corps of Engineers and the Naval Facilities Engineering Systems Command to determine if costs associated with military construction projects and facilities sustainment, restoration, and modernization projects, including overhead, supervision, and administration, are properly charged to the correct appropriation account (whether for military construction or defense) at all levels of each entity, which shall include an assessment of—
the similarities and differences with respect to the financial processes of such entities; and
the benefits of consolidating under a single construction agent.
A study and report on the real estate functions performed by the Army Corps of Engineers and the Naval Facilities Engineering Systems Command, which shall include—
an assessment of the similarities and differences between delivery methodologies;
an assessment of the costs of providing real estate services; and
a recommendation regarding whether consolidating construction agent real estate services is cost-effective and appropriate.
A study and report on the global geographic regions that the Army Corps of Engineers, the Naval Facilities Engineering Systems Command, and any other construction agent of the Department of Defense cover, including—
the geographic roles those entities support with respect to host-nation funded construction, non-military construction, and infrastructure support in connection with foreign military sales; and
a recommendation for an optimal geographic regional layout assuming a single construction agent is in place.
A study and report on the practice by the Army Corps of Engineers of using resources (such as funding, people, and technical capability) associated with civil works and non-defense programs to support military construction or facilities sustainment, restoration, and modernization projects, which shall—
identify the extent that the Army Corps of Engineers uses suborganizations that primarily support civil works programs to execute or support military construction or facilities sustainment, restoration, and modernization projects;
assess the frequency organizations with minimal experience with Department of Defense construction execute such projects and the effectiveness of those organizations (measured in cost, quality, and schedule metrics) in project delivery; and
recommend whether such practice should be continued or discontinued.
A study and report on the use by the Department of the Navy of the Naval Facilities Engineering Systems Command to provide public works functions and services to installations of the Navy, including an assessment of the benefits of that approach and the impact of a potential consolidation of construction agents.
A study and report on the policy, procedures, organizations, and systems used by the Department of the Army and the Department of the Air Force for the design and construction of facilities sustainment, restoration, and modernization projects, including an assessment of any modifications required if a single construction agent for military construction were to be created.
A study and report on the data and software systems used by the Army Corps of Engineers, the Naval Facilities Engineering Systems Command, and any other entity of the Department of Defense for tracking the execution of planning, design, and construction of military construction projects, including—
an assessment of the differences, weaknesses, currency, and transparency of data provided to the sponsors of such projects within the Department of Defense; and
a recommendation of whether data and software systems can or should be standardized or consolidated into fewer or one system.
Documentation of the current organizational alignment of authorities from title 10, United States Code, with the Office of the Secretary of Defense and the military departments and the alignment of those authorities with the construction authorities within the Army Corps of Engineers and the Naval Facilities Engineering Systems Command, including authorities relating to acquisition, finances, and real estate.
An identification of not less than two alternatives for how the authorities and organizations relating to construction for the Department of Defense could align if a single construction agent were to align under one principal staff assistant to the Secretary of Defense as a defense agency or field activity of the Department of Defense or under one military department.
Update— Not less frequently than quarterly following the submittal of the report required under subsection (b), the Center shall submit to the Committees on Armed Services of the Senate and the House of Representatives an update on such report.
Sec. 2846 Assessment of public schools on installations of Department of Defense
Report required—
Update of assessment on school capacity and condition— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an updated assessment of the capacity and facility condition deficiencies of elementary and secondary public schools on military installations conducted by the Secretary in July 2011 under section 8109 of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112–10; 125 Stat. 82), as updated by the Secretary in July 2017 under section 2814 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2717).
Consideration of factors— In conducting the updated assessment required under paragraph (1), the Secretary shall take into consideration factors including—
schools that have had changes in their condition or capacity since the updated assessment in July 2017; and
the capacity and facility condition deficiencies of schools omitted from the updated assessment in July 2017.
Additional information— The Secretary shall include in the updated assessment required under paragraph (1) a report on the status of the funds already appropriated, and a schedule for the completion of projects already approved, under the programs funded under section 8127 of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 492), section 8128 of the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (Public Law 115–245; 123 Stat. 3029), section 8121 of the Consolidated Appropriations Act, 2020 (Public Law 116–93; 133 Stat. 2365), section 8118 of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 1332), and section 8109 of the Consolidated Appropriations Act, 2022 (Public Law 117–103; 136 Stat. 201).
Updating prohibition on use of certain assessment of public schools on Department of Defense installations to supersede funding of certain projects— Paragraph (3) of section 2814(a) of the of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 328; 130 Stat. 2717), as added by section 2818(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 91; 131 Stat. 1852) and amended by section 2824(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2269), is further amended by striking “38 projects” and inserting “71 projects”.
Comptroller General evaluation— Not later than 180 days after the date of the submission of the updated assessment under subsection (a)(1), the Comptroller General of the United States shall submit to the congressional defense committees an evaluation of the updated assessment, including an evaluation of the accuracy and analytical sufficiency of the updated assessment.
Sec. 2847 Report on use of areawide contracts to procure utility services
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the use by the Department of Defense of areawide contracts pursuant to the authority under section 2811(b) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31).
Elements— The report required by subsection (a) shall include, at a minimum, disaggregated by location, an identification of—
the projects conducted pursuant to the authority described in subsection (a);
any savings to the Department of Defense from using such authority; and
the mission or readiness capabilities that have been created through the use of areawide contracts pursuant to such authority.
Sec. 2848 Extension of prohibition on joint use of Homestead Air Reserve Base with civil aviation
Section 2874 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 3014) is amended by striking “September 30, 2026” and inserting “September 30, 2028”.
Sec. 2849 Prohibition on use by Air Force of corporate structure in conducting certain basing decisions
In general— On and after the date of the enactment of this Act, the Secretary of the Air Force—
may not make any basing decision during the resource allocation plan or program objective memorandum process of the Department of the Air Force (commonly known as a “programmatic basing decision”) through the use of the DAF Corporate Structure of the Department of the Air Force Instruction 10–503, dated June 12, 2023, relating to strategic basing, or any successor similar instruction; and
shall make all basing decisions through the use of the traditional competitive strategic basing process set forth in Air Force Instruction 10–503.
Update of instruction and other policy— Not later than 30 days after the date of the enactment of this Act, the Secretary of the Air Force shall update any instruction or other policy of the Department of the Air Force to include the prohibition and requirement under subsection (a).
Sec. 2850 Authority to assist State and local governments in supporting installation and industrial base modernization through public infrastructure and services
Section 2391(b)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
“(E)
“(i) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist a State or local government in enhancing its support for installation and industrial base modernization through public infrastructure and services that enhance the capabilities and resilience of the defense industrial base and the defense industrial base workforce.
“(ii) A State or local government is eligible for assistance under clause (i) if the Secretary determines that industrial base modernization within the relevant State or locality will enhance the capabilities of the Department of Defense.”
Sec. 2851 Briefing on projects under Defense Community Infrastructure Program that are still in progress
Section 2391(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(5)
“(A) Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025, and annually thereafter until the date that is three years after such date of enactment, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on projects for which a grant was awarded under this subsection that are still in progress as of the date of the briefing, and the status of completion of such projects.
“(B) Each briefing required under subparagraph (A) shall include the following:
“(i) A list of projects described in such subparagraph.
“(ii) A brief update on the status of such projects.
“(iii) A list of such projects that are more than one year over the one-year timeline to begin construction.
“(iv) A list of any projects described in subparagraph (A) to augment existing or build new educational facilities.
“(v) Any other update regarding projects described in subparagraph (A) as the Secretary determines necessary.”
Sec. 2852 Treatment of historic housing and associated historic properties of the Department of the Army
In general— Subchapter II of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
“2839. Historic housing and associated historic properties of the Department of the Army
“(a) Application of authority and standards—The Secretary of the Army, in satisfaction of requirements under division A of subtitle III of title 54 (commonly referred to as the “National Historic Preservation Act”), may—
“(1) until December 31, 2045, apply the authority and standards of the program comment dated May 4, 2023, and entitled “Notice of Issuance of the Department of the Army Program Comment for Vietnam War Era Historic Housing, Associated Buildings and Structures, and Landscape Features (1963-1975)” (88 Fed. Reg. 28573) to all military housing (including privatized military housing under subchapter IV of this chapter) constructed after 1975 located on a military installation under the jurisdiction of the Secretary of the Army; and
“(2) apply the authority and standards of the program comment dated June 7, 2002, and entitled “Program Comment for Capehart and Wherry Era Army Family Housing and Associated Structures and Landscape Features (1949-1962)” (67 Fed. Reg. 39332) to all military housing (including privatized military housing under subchapter IV of this chapter) constructed during the period beginning on January 1, 1941, and ending on December 31, 1948, located on a military installation under the jurisdiction of the Secretary of the Army.
“(b) Reporting—As part of each report of the Army required under section 3(c) of Executive Order 13287 (54 U.S.C. 306101 note; relating to Preserve America), the Secretary of the Army shall submit to the Advisory Council on Historic Preservation a report on the implementation of subsection (a).
“(c) Rule of construction—Nothing in this section precludes the Secretary of the Army and the Advisory Council on Historic Preservation from amending, in accordance with applicable regulations, either of the program comments specified in subsection (a) to facilitate the implementation of this section.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2838 the following new item:
Sec. 2853 Designation of officials responsible for coordination of infrastructure projects to support additional members of the Armed Forces and their families in the Indo-Pacific region
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate 2 officials as follows:
One official shall be responsible for coordination of infrastructure projects to support additional members of the Armed Forces and their families in Hawaii.
One official shall be responsible for coordination of infrastructure projects to support additional members of the Armed Forces and their families in Guam and the Northern Mariana Islands.
Duties— Each of the officials described in subsection (a) shall, in coordination with appropriate officials from the military departments and the United States Indo-Pacific Command—
coordinate Department of Defense-wide efforts relating to the infrastructure needs associated with the significant addition of members of the Armed Forces and their families to the region for which such official is the designated official pursuant to subsection (a) during the 10-year period following the date of the enactment of this Act;
analyze the expected impact on State and local government services of—
military infrastructure projects in the designated region of such official; and
the significant addition of members of the Armed Forces and their families as described in paragraph (1); and
ensure clear and consistent communication to State and local elected officials and the public in the designated region of such official regarding the infrastructure needs and priorities of the Department of Defense, including conveying any finding or conclusion regarding the expected impact described in paragraph (2)(B).
Selection—
Hawaii— For the designation under paragraph (1) subsection (a), the Secretary of Defense may appoint an individual with significant background and expertise in—
the legal and technical aspects of city planning, State and local government services, and military infrastructure; and
liaising with State and local elected officials and the public.
Guam and the Northern Mariana Islands— For the designation under paragraph (2) of subsection (a), the Secretary of Defense shall appoint the Under Secretary of the Navy.
Notification— For the designations under paragraph (1) and paragraph (2) of subsection (a), the Secretary of Defense shall, not later than 30 days after the date of the designation, submit to the congressional defense committees and the Governor of Hawaii or the Governors of Guam and the Northern Mariana Islands, respectively, a notification that includes the name and contact information of the individual so designated.
Sec. 2854 Technical correction to map reference in the Military Land Withdrawals Act of 2013
Section 2989(a)(2) of the Military Land Withdrawals Act of 2013 (Public Law 113–66; 127 Stat. 1025; 136 Stat. 3027) is amended by striking “November 30, 2022” and inserting “May 22, 2024”.
Sec. 2855 Prohibition on use of funds for resettlement in the United States of certain individuals from the West Bank or Gaza
In general— Except as provided in subsection (b), the Secretary of Defense may not use any asset, facility, or installation of the Department of Defense for the transport or processing of any individual from the West Bank or Gaza who is not a United States citizen, or who is not the spouse, parent, or child of a United States citizen, for purposes of resettlement in the United States.
Exception—
In general— Except as provided in paragraph (2), the Secretary may use assets, facilities, and installations of the Department to transport and process for resettlement in the United States an individual described in subsection (a) who—
is a former employee of the United States Government;
was so employed for a period of not less than two years; and
maintains documentation demonstrating such employment.
Inapplicability— Paragraph (1) shall not apply to an individual described in that paragraph whose employment with the United States Government was involuntarily terminated.
Reconsideration of policy— Not later than five years after the date of the enactment of this Act, the Secretary may reconsider the prohibition set forth in subsection (a) and provide recommendations to Congress on whether to continue or discontinue such prohibition.
Sec. 2856 Expansion of defense community infrastructure pilot program to include installations of the Coast Guard
Section 2391 of title 10, United States Code, is amended—
in subsection (d)—
in paragraph (1)(B), in the matter preceding clause (i), by inserting “, in consultation with the Commandant of the Coast Guard,” after “The Secretary”; and
by adding at the end the following new paragraph:
“(5) In considering grants, agreements, or other funding under paragraph (1)(A) with respect to community infrastructure supportive of a military installation of the Coast Guard, the Secretary of Defense shall consult with the Commandant of the Coast Guard to assess the selection and prioritization of the project concerned.”
in subsection (e)(1), by adding at the end the following new sentence: “For purposes of subsection (d), the term military installation includes an installation of the Coast Guard under the jurisdiction of the Department of Homeland Security.”.
XXIX Military Construction Disaster Recovery
Sec. 2901 Authorized Navy disaster recovery construction and land acquisition projects
Navy authorization— Subject to subsection (c), using amounts appropriated pursuant to the authorization of appropriations in section 2903 and available for military construction projects inside the United States as specified in the funding table in section 4602, 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:
Report required—
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report containing a plan to carry out the military construction projects authorized under subsection (a).
Plan— The plan required under paragraph (1) shall include the following:
An explanation of how each military construction project under subsection (a) will incorporate mitigation measures that reduce the threat from extreme weather events, mean sea level fluctuation, flooding, and any other known environmental threat to resilience, including a list of any areas in which there is a variance from the local building requirements and an explanation of the reason for the variance.
A Department of Defense Form 1391 for each proposed project.
Limitation— The Secretary of the Navy may not commence a military construction project authorized under subsection (a) until the report required under subsection (b) has been submitted by the Secretary.
Sec. 2902 Authorized Air Force disaster recovery construction and land acquisition projects
Air Force authorization— Subject to subsection (c), using amounts appropriated pursuant to the authorization of appropriations in section 2903 and available for military construction projects inside the United States as specified in the funding table in section 4602, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installation or location inside the United States, and in the amount, set forth in the following table:
Report required—
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report containing a plan to carry out the military construction project authorized under subsection (a).
Plan— The plan required under paragraph (1) shall include the following:
An explanation of how the military construction project under subsection (a) will incorporate mitigation measures that reduce the threat from extreme weather events, mean sea level fluctuation, flooding, and any other known environmental threat to resilience, including a list of any areas in which there is a variance from the local building requirements and an explanation of the reason for the variance.
A Department of Defense Form 1391 for the proposed project.
Limitation— The Secretary of the Air Force may not commence a military construction project authorized under subsection (a) until the report required under subsection (b) has been submitted by the Secretary.
Sec. 2903 Authorization of emergency supplemental appropriations for military construction projects
Funds are hereby authorized to be appropriated for the Department of Defense for the military construction projects authorized by this title as specified in the funding table in section 4602, in such amounts as may be designated as emergency requirements pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).