Sec. 2001 Short title
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2027”.
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, facilities sustainment, 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, 2029; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2030.
Exception— Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, facilities sustainment, 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, 2029; or
the date of the enactment of an Act authorizing funds for fiscal year 2030 for military construction projects, land acquisition, facilities sustainment, 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:
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, in the number of units, 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 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 $194,006,000.
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 $90,557,000.
Sec. 2103 Authorization of appropriations, Army
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2026, for military construction, land acquisition, facilities sustainment, 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 2021 project at Fort Gillem, Georgia
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 2101(a) of that Act (134 Stat. 4295) and most recently extended by section 2104 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119–60; 139 Stat. 1266), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2105 Extension and modification 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 (c), as provided in section 2101 of that Act (135 Stat. 2163) and most recently extended by section 2105 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119–60; 139 Stat. 1267), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, whichever is later.
Modification of authority to carry out project at Fort Stewart, Georgia— In the case of the authorization set forth in the table in subsection (c), as provided in section 2101 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), for Fort Stewart, Georgia, for construction of a barracks, the Secretary of the Army may construct a facility of 193,347 square feet.
Table— The table referred to in subsection (a) is as follows:
Sec. 2106 Extension of authority to carry out certain fiscal year 2023 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (136 Stat. 2971), and extended by section 2106 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119–60; 139 Stat. 1267), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, 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 2024 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 709), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (137 Stat. 710), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2108 Modification of authority to carry out fiscal year 2025 project at Grafenwoehr, Germany
In the case of the authorization contained in the table in section 2101 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2212) for U.S. Army Garrison Bavaria, Germany, for construction of an operational readiness training complex underground electric line as specified in the funding table in section 4601 of such Act, the Secretary of the Army may construct an operational readiness training complex underground electric line at Grafenwoehr, Germany.
Sec. 2109 Modification of authority to carry out fiscal year 2026 project at Joint Region Marianas, Guam
In the case of the authorization contained in the table in section 2101 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119–60; 139 Stat. 1265) for Joint Region Marianas, Guam, for construction of PDI: Guam Defense System, EIAMD, Phase 2 (Inc), at that location, the Secretary of the Army may construct a 2,496-square-foot pump house and 648,000-gallon non-portable water storage tank.
XXII Navy Military Construction
Sec. 2201 Authorized Navy construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2202 Family housing
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 $511,837,000.
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 $57,371,000.
Sec. 2203 Authorization of appropriations, Navy
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2026, for military construction, land acquisition, facilities sustainment, 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 2023 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (136 Stat. 2975) and extended by section 2206 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119–60; 139 Stat. 1271), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2205 Extension and modification of authority to carry out certain fiscal year 2024 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 709), the authorizations set forth in the table in subsection (c), as provided in section 2201 of that Act (137 Stat. 714), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, whichever is later.
Modification of authority to carry out project at Marine Corps Base Quantico, Virginia— In the case of the authorization set forth in the table in subsection (c), as provided in section 2201 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 714) for construction of a Water Treatment Plant at Marine Corps Base Quantico, Virginia, the Secretary of the Navy may construct 20,000 linear feet of water supply lines, three pump houses (non-occupied), and one 2,300-square foot pump station/multi-purpose building (occupied) in lieu of a water treatment plant at the installation.
Table— The table referred to in subsection (a) is as follows:
Sec. 2206 Modification of authority to carry out fiscal year 2026 project at Pacific Missile Range Facility Barking Sands, Hawaii
In the case of the authorization contained in the table in section 2201 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119–60; 139 Stat. 1268) for construction of PDI: Airfield Pavement Upgrades at Pacific Missile Range Facility Barking Sands, Hawaii, the Secretary of the Navy may expand airfield pavement areas to 280,000 square meters to mitigate the risk of aircraft hydroplane.
XXIII Air Force Military Construction
Sec. 2301 Authorized Air Force construction and land acquisition projects
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 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 or location, in the number of units, 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 $329,064,000.
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 $125,854,000.
Sec. 2303 Authorization of appropriations, Air Force
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2026, for military construction, land acquisition, facilities sustainment, 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 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 most recently extended by section 2305 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119–60; 139 Stat. 1274), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, 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 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), and most recently extended by section 2306 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119–60; 139 Stat. 1275), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, 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 2023 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (136 Stat. 2978), and extended by section 2308 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119–60; 139 Stat. 1276), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, 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 2024 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 709), the authorizations set forth in the table in subsection (b), as provided in sections 2301 and 2302 of that Act (136 Stat. 719), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2308 Authority to carry out family housing improvement projects
The Secretary of the Air Force may carry out family housing improvement projects to restructure agreements under the Military Housing Privatization Initiative under subchapter IV of chapter 169 of title 10, United States Code, at—
Dover Air Force Base, Delaware, in the amount of $25,000,000;
Tyndall Air Force Base, Florida, in the amount of $150,685,000;
Scott Air Force Base, Illinois, in the amount of $52,000,000; and
Offutt Air Force Base, Nebraska, in the amount of $50,000,000.
Sec. 2309 Authority to carry out project at Eglin Air Force Base, Florida
The Secretary of the Air Force may carry out a military construction project to construct a 6,934 square meter Joint All-Domain Command and Control (JADC2) and Air Battle Management Systems (ABMS) Test Facility at Eglin Air Force Base, Florida, in the amount of $87,800,000 using amounts available to the Secretary for research, development, test, and evaluation.
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 the Energy Resilience and Conservation Investment Program as specified in the funding table in section 4601, the Secretary of Defense may carry out energy resilience and 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 the Energy Resilience and Conservation Investment Program as specified in the funding table in section 4601, the Secretary of Defense may carry out energy resilience and 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, 2026, for military construction, land acquisition, facilities sustainment, 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 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. 2404 Extension of authority to carry out certain fiscal year 2023 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2402(a) of that Act (136 Stat. 2983) and most recently extended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119-60; 139 Stat. 1281), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2405 Extension of authority to carry out certain fiscal year 2024 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 709), the authorizations set forth in the table in subsection (b), as provided in sections 2401 and 2402 of that Act (137 Stat. 726, 727), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, 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 collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States and the amount set forth in the following table:
Sec. 2502 Authorization of appropriations, NATO
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2026, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.
B Host Country In-kind Contributions
Sec. 2511 Republic of Korea funded construction projects
Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table:
Sec. 2512 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 location inside the United States, and in the amount, 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 location inside the United States, and in the amount, 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, 2026, for the costs of acquisition, architectural and engineering services, facilities sustainment, 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 certain fiscal year 2023 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, 2603 and 2604 of that Act (136 Stat. 2986, 2987) and extended by section 2607 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119–60; 139 Stat. 1287), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, 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 2024 projects
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 709), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, 2604, and 2605 of that Act (137 Stat. 735–737), shall remain in effect until October 1, 2027, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2028, whichever is later.
Table— The table referred to in subsection (a) is as follows:
Sec. 2609 Modification of authority to carry out fiscal year 2026 project at Colonie, New York
In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2026 (division B of Public Law 119–60; 139 Stat. 1285) for Albany, New York, for construction of a readiness center as specified in the funding table in section 4601 of such Act, the Secretary of the Army may construct a readiness center at Colonie, New York.
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, 2026, 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 Modification of master plans for major military installations
Section 2864 of title 10, United States Code, is amended—
in subsection (a)—
in paragraph (1), by inserting “emergency management,” after “military installation resilience,”; and
in paragraph (2)—
in subparagraph (D), by striking “; and” and inserting a semicolon;
in subparagraph (E), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(F) risk reduction and mitigation aspects of installation emergency management planning.”
in subsection (b)(2), by inserting before the period at the end the following: “and to ensure the resilience of those systems to extreme weather and other hazards”;
in subsection (c)—
in paragraph (1), by inserting “energy or water disruptions, human-induced hazards with respect to the environment,” after “flooding,”;
in paragraph (3), by inserting “or human-induced hazards with respect to the environment” after “extreme weather events”;
in paragraph (5), in the matter preceding subparagraph (A), by striking “and energy” and inserting “emergency response facilities, and energy or water”; and
in paragraph (8), by inserting “or other measures” after “any project”;
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
by inserting after subsection (c) the following:
“(d) Consideration of and consistency with other installation plans and activities—Each installation master plan under this section shall include consideration of and be consistent with the following:
“(1) Installation natural resource management plans.
“(2) Military construction projects for energy resilience, energy security, and energy conservation.
“(3) Energy and water resilience and energy and water security measures.
“(4) Installation emergency managements plans.”
Sec. 2802 Prohibition on use of repair projects to expand footprint of existing facilities or infrastructure
Section 2811 of title 10, United States Code, is amended—
in subsection (c), by inserting “, expansion of the footprint of existing facilities or infrastructure,” before “or additions”; and
in subsection (e)(1), by striking “functional purpose; or” and inserting “functional purpose, except that any such restoration to a facility, system, or component may not include—
“(A) subject to subparagraph (B), increasing the outside envelope of the facility, system, or component beyond its pre-existing external dimensions, except in the case of the addition of exterior stairwells, balconies, or similar features if added for safety purposes or the placement of equipment at ground level such as for heating, ventilation, or air conditioning; or
“(B) in the case of a facility that is primarily horizontal, such as a parking area or runway, increasing the footprint of such facility by greater than five percent of its original surface area; or”
Sec. 2803 Increase of authority for Indo-Pacific posture unspecified military construction projects
Section 2810(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2805 note) is amended by striking “$30,000,000” and inserting “$35,000,000”.
Sec. 2804 Use of certain amounts for electrical or infrastructure upgrades on Barbers Point, Hawaii
Section 2814(i)(1) of title 10, United States Code, is amended by adding at the end the following:
“(D) To make electrical or infrastructure upgrades on any parcel of land located on Barbers Point, Hawaii, over which the Secretary of Defense has jurisdiction.”
Sec. 2805 Temporary adjustment of unspecified minor military construction requirements
Section 2805 of title 10, United States Code, is amended—
in subsection (a)—
in paragraph (2)—
by inserting “laboratory project,” after “land acquisition,”;
by striking “cost equal” and inserting “cost—
“(A) except as provided in subparagraph (B), equal”
by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(B) for a project commencing during the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027, equal to or less than $15,000,000.”
by striking paragraph (3);
by striking subsections (c) and (d) and inserting the following:
“(c) Funds available
“(1) The Secretary concerned may spend from appropriations available for operation and maintenance amounts necessary to carry out an unspecified minor military construction project under this section.
“(2) In carrying out an unspecified minor military construction project under this section for a laboratory, the Secretary concerned may, in addition to amounts under paragraph (1), use—
“(A) appropriations available to the Secretary concerned for military construction not otherwise authorized by law; or
“(B) amounts authorized to be made available under section 4123(a) of this title.
“(3) In carrying out an unspecified minor military construction project under this section for a demolition project, the Secretary concerned may, in addition to amounts under paragraph (1), use amounts authorized pursuant to another law or regulation.”
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;
in subsection (g), as redesignated by paragraph (3)—
in paragraph (1), by striking “$14,000,000” and inserting “$20,000,000”; and
by inserting after paragraph (1) the following:
“(2) Exception for locations in Alaska, Hawaii, and the Indo-Pacific region—During the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2027, paragraph (1) shall not apply to unspecified minor military construction projects in Alaska, Hawaii, or the Indo-Pacific region.”
by adding at the end the following:
“(h) Laboratory defined—In this section, the term laboratory includes—
“(1) a research, engineering, and development center; and
“(2) a test and evaluation activity.”
Sec. 2806 Modification of authority for transactions other than contracts and grants for purposes of facility construction or repair
Section 2808a of title 10, United States Code, is amended—
in subsection (a)—
by striking “Subject to the requirements of section 2853 of this title, the” and inserting “The”; and
by inserting before the period at the end the following: “, as otherwise authorized by law for such projects, notwithstanding chapters 221 and 223 and section 2851(a) of this title”;
by striking subsection (b); and
by redesignating subsections (c) through (e) as subsections (b) through (d), respectively.
B Military Housing
Sec. 2821 Exclusion of window opening control devices from requirement for window fall prevention devices in military family housing units
Section 2857(a)(3) of title 10, United States Code, is amended by inserting before the period at the end the following: “and does not include a device that is solely a window opening control device”.
Sec. 2822 Health and safety requirements for military housing
Health and safety standards for privatized military housing—
In general— The Secretary of each military department shall ensure that all housing project agreements and renewals for privatized military housing under the jurisdiction of the Secretary concerned entered into on or after the date of the enactment of this Act are compliant with the appropriate environmental health and safety standards established by the Department of Defense.
Future contract agreements and renewals— For all housing project agreements and renewals for privatized military housing entered into on or after the date of the enactment of this Act, the Secretary of Defense shall incorporate enforceable provisions related to environmental hazard response and enforceable environmental health and safety clauses.
Certification requirements for mold assessment and remediation— The Secretary of Defense shall ensure that all maintenance personnel, contracted mold assessors, indoor environmental professionals, and mold remediators responsible for assessing or remediating mold and water damage in covered housing shall possess and maintain current certifications issued by a nationally recognized, third-party, nonprofit certifying body.
Issuance of guidance— Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance with respect to the implementation of this section.
Definitions— In this section:
Covered housing— The term covered housing means any military family housing owned, leased, or managed by the Department of Defense, including privatized military housing.
Mold— The term mold means any form of multi-cellular fungi found in water-damaged indoor environments and building materials, including, cladosporium, penicillium, alternaria, aspergillus, fusarium, chaetomium, trichoderma, memnoniella, mucor, stachybotrys chartarum, streptomyces, and epicoccumoften.
Privatized military housing— The term privatized military housing means military housing under subchapter IV of chapter 169 of title 10, United States Code.
Sec. 2823 Expansion of protection from reprisal or retaliation against tenants of privatized military housing units who report housing-related issues
Section 2890(e) of title 10, United States Code, is amended—
in paragraph (1), by striking “relating to a housing unit.” and inserting “relating to a housing unit to any of the following:
“(A) The landlord.
“(B) The chain of command.
“(C) The applicable housing management office.
“(D) The Chief Housing Officer of the Department of Defense.
“(E) An inspector general.
“(F) A Member of Congress.”
in paragraph (2)—
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;
by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A):
“(A) provide notification of that determination to the Secretary of the military department concerned;”
in subparagraph (C), as so redesignated, by striking “the Inspector General has taken final action” and inserting “the Secretary of the military department concerned has notified the Inspector General that the Secretary has taken final action”.
Sec. 2824 Transparency and strategic planning for housing
In general— The Secretary of Defense shall ensure that any enhanced-use lease executed, extended, or renewed under section 2662 or 2667 of title 10, United States Code, for the purpose of housing shall consider the following:
A range of total housing units required to accommodate sudden or phased influxes of personnel within a defined operational range, including—
targeted projections for incoming members of the Armed Forces, civilian employees of the Department of Defense, and dependents of such members and employees; and
a timeline of anticipated infrastructure and capacity needs.
A formalized schedule of community engagement events, such as industry days or roundtables, which may be held in person or virtually, to solicit community and vendor input.
The identification and maintenance of a designated local representative point of contact located within the affected geographic area who can be directly reached by local stakeholders.
Briefing required—
In general— Not later than February 1, 2027, the Secretary of Defense shall provide a briefing to the congressional defense committees on the plan of the Department of Defense to ensure adequate housing is available in geographic locations where the area cost factor is at least 1.5.
Elements— The briefing required by paragraph (1) shall include the following:
A summary of current area cost factors and a comparative analysis of infrastructure premiums paid to the specific locality versus other regional baselines.
An assessment of the utilization by the Department of Defense of enhanced-use lease authorities under sections 2662 and 2667 of title 10, United States Code, including specific tracking of how such leases are leveraged for dual-use infrastructure that serves both military and community housing needs.
An overview of local construction workforce utilization and market availability in affected regions.
An assessment of potential alternative acquisition strategies, including the consolidation of infrastructure requirements, designed to incentivize broader contractor competition, leverage economies of scale, and meet critical production timelines of the Department of Defense.
Sec. 2825 Development and implementation of minimum health and safety standards for military family housing
Standards—
Initial guidance—
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue interim guidance for acceptable levels of relative humidity, ventilation, dampness, and water intrusion to be applied at all covered housing.
Effect— Interim guidance issued under subparagraph (A) shall remain in effect until final standards are published under paragraph (2).
Final standards— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall issue final standards for acceptable levels of relative humidity, ventilation, dampness, and water intrusion to be applied at all covered housing, which shall include—
acceptable levels of relative humidity indoors;
required ventilation and moisture control measures;
environmental inspection and testing methods; and
the standard of care for mold remediation adopted under subsection (f).
Reporting and availability of testing— The final standards established under paragraph (2) shall require results of environmental inspection and testing methods under subparagraph (C) of such paragraph to be reported to the Secretary of Defense and made available to tenants of affected housing units not later than 10 days after sample collection.
Certification of compliance— Not less frequently than annually, each housing office of the Department shall certify to Congress that the housing office is in compliance with health and safety standards for covered housing required under this section.
Establishment of independent inspection protocol for privatized military housing—
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that each installation of the Department of Defense conducts, using independent certified third-party inspectors, mold and environmental health inspections for all covered housing that is privatized military housing—
upon receipt of any tenant complaint regarding safety and habitability of a housing unit; and
following any remediation effort, structural repair, or response to an identified environmental hazard at a housing unit.
Elements of inspections— Inspections conducted under paragraph (1) shall include, at minimum—
evaluation of heating, ventilation, and air conditioning (HVAC) systems, plumbing, electrical systems, and structural integrity;
inspection for signs of water intrusion, dampness, humidity, visible or non-visible mold, microbial growth, and other indoor air quality concerns;
review of current and past work order records and completion timelines; and
review of contractor compliance with privatized military housing contract requirements and housing regulations of the Department of Defense.
Recording and maintenance of records— All findings of inspections conducted under paragraph (1) shall be—
recorded in a standardized Federal Government inspection record;
certified by the inspector with a clear “pass” or “fail” status;
maintained in an accessible, historical housing record for each housing unit; and
made available to the relevant installation commander and military housing office.
Documentation and submission of results— The commander of each installation of the Department shall—
document results of inspections conducted under paragraph (1); and
submit the results of such inspections to—
the Secretary;
the Office of Inspector General of the Department of Defense; and
the Committees on Armed Services of the Senate and the House of Representatives.
Access and transparency— Inspection reports certified under paragraph (3)(B) and housing history records required under paragraph (3)(C) shall be—
provided in full to current tenants of the inspected unit;
made available upon request to any incoming tenants; and
maintained in a secure portal accessible to staff of the relevant military housing office, the Committees on Armed Services of the Senate and the House of Representatives, and military family advocacy personnel.
Remediation or tenant relocation— In the case of a housing unit failing inspection conducted under paragraph (1), the Secretary shall ensure that the unit is remediated or the tenants of such unit are relocated not later than 30 days after such failed inspection, if such tenants wish to be relocated.
Requirements for privatized military housing—
Health and safety standards for military housing— The Secretary of each military department shall ensure that all housing project agreements and renewals for privatized military housing under the jurisdiction of the Secretary concerned entered into on or after the date of the enactment of this Act are compliant with the appropriate environmental health and safety standards established by the Department of Defense.
Future contract agreements and renewals— For all housing project agreements and renewals for privatized military housing entered into on or after the date of the enactment of this Act, and to the extent practicable for agreements in place as of such date of enactment, not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall incorporate enforceable provisions related to environmental hazard response, inspection, and tenant relocation protections which shall include—
enforceable environmental health and safety clauses; and
requirements that providers of privatized military housing bear full financial responsibility for—
required third-party inspections;
maintenance;
mold remediation;
all relocation expenses for military families forced to vacate uninhabitable units;
property loss; and
refunding any amounts paid through a basic allowance for housing under section 403 of title 37, United States Code, for military families forced to vacate uninhabitable units.
Certification requirements for mold assessment and remediation— The Secretary shall ensure that all maintenance personnel, contracted mold assessors, indoor environmental professionals, and mold remediators responsible for assessing or remediating mold and water damage in covered housing shall possess and maintain current certifications issued by a nationally recognized, third-party, nonprofit certifying body, which may include the following:
The Institute of Inspection Cleaning and Restoration Certification.
The National Organization of Remediators and Microbial Inspectors.
The American Council for Accredited Certification.
Standard of care for mold remediation— All mold remediation activities conducted in covered housing shall comply with the American National Standards Institute and Institute of Inspection Cleaning and Restoration Certification S520 Standard for Professional Mold Remediation, Fourth Edition, or any subsequent edition published by the Institute of Inspection Cleaning and Restoration Certification or successor organization.
Issuance of guidance— Not later than 180 days after the date of the enactment of this Act, the Secretary shall—
issue guidance with respect to the implementation of this section; and
provide written notification to all providers of privatized military housing regarding the requirements of this section.
Withholding and abatement of amounts for privatized military housing units—
In general— The Secretary of Defense, in consultation with the Secretary of Housing and Urban Development, shall establish procedures to allow a tenant living in a unit of privatized military housing that receives a failed inspection result under this section to withhold or abate payment of the basic allowance for housing under section 403 of title 37, United States Code, for such unit.
Period— The Secretary of Defense shall permit withholding or abatement under paragraph (1) of payment of the basic allowance for housing under section 403 of title 37, United States Code, for a unit of privatized military housing during any period in which the unit maintains a failed inspection and until the violations are remedied.
Release of payment— Amounts withheld or abated under paragraph (1) with respect to a unit of privatized military housing shall be released if—
all violations are remediated; and
an independent inspector provides a written certification to the Secretary of the military department concerned verifying such remediation and the compliance of such unit with the requirements under this section.
Continued noncompliance— If deficiencies in compliance with the requirements under this section are not corrected within a 30-day period—
the owner or operator of the affected unit of privatized military housing shall not have a right to receive current, future, withheld, or abated payments;
amounts withheld or abated under paragraph (1) may be returned to the tenant; and
the Secretary concerned shall—
pursue additional contractual remedies, including termination of the authority of the owner or operator of the affected unit to provide privatized military housing; and
ensure that ongoing violations with respect to such unit are disclosed to any prospective tenant before they enter into a rental agreement for such unit.
Protection of tenants—
In general— An owner of a unit of privatized military housing may not terminate the tenancy of any tenant because of the withholding or abatement of payment pursuant to paragraph (1).
Authority of tenant to terminate— During the period that payment is withheld or abated pursuant to paragraph (1) for a unit of privatized military housing, the tenant of such unit may terminate the tenancy by notifying the owner of such unit.
Administrative structure— The Secretary of Defense, in consultation with the Secretary of Housing and Urban Development, shall administer this subsection by conducting or authorizing inspections, certifying clearance inspections, administering withholding and abatement functions, and enforcing payment conditions in a manner similar to that used by the Secretary of Housing and Urban Development under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)).
Public reporting requirements— Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall publish on a publicly available website of the Department of Defense, with respect to covered housing—
the number of mold complaints received, disaggregated by installation of the Department;
the results of inspections under this section and compliance rates;
remediation timelines and costs; and
the number of relocations made.
Definitions— In this section:
Acceptable levels of relative humidity— The term acceptable levels of relative humidity, with respect to an area, means an area with humidity levels that are less than 50 percent.
Covered housing— The term covered housing means any military family housing owned, leased, or managed by the Department of Defense, including privatized military housing.
Environmental inspection and testing methods— The term environmental inspection and testing methods means detailed visual inspection substantiated by mold testing measures that include air sampling, tape lifts, swabs, and carpet samples, and official laboratory analysis of such samples.
Mold— The term mold means any form of multi-cellular fungi found in water-damaged indoor environments and building materials, including, cladosporium, penicillium, alternaria, aspergillus, fusarium, chaetomium, trichoderma, memnoniella, mucor, stachybotrys chartarum, streptomyces, and epicoccumoften.
Privatized military housing— The term privatized military housing means military housing under subchapter IV of chapter 169 of title 10, United States Code.
Sec. 2826 Treatment of nondisclosure agreements with respect to privatized military housing
Section 2890(f) of title 10, United States Code, is amended—
in paragraph (1), in the first sentence—
by striking “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, former tenant, or prospective tenant of a housing unit sign”; and
by inserting “or in connection with the provision of services related to the housing unit” before the period; and
by striking paragraphs (2) and (3) and inserting the following:
“(2) The prohibition under paragraph (1) shall apply to all housing units, including accompanied family housing and military unaccompanied housing.
“(3) In this subsection, the term tenant includes any party (other than a landlord) to a lease for a housing unit.”
Sec. 2827 Improvement of privatized military housing complaint database
Section 2894a of title 10, United States Code, is amended—
in subsection (d), by striking subparagraphs (B) and (C) and inserting the following new subparagraphs:
“(B) The name of the landlord responsible for the covered dwelling unit, including the ultimate parent company and any entity with direct or indirect ownership or control over such landlord, regardless of the legal structure or intermediary entities used.
“(C) A description of the nature of the complaint, disaggregated by complaint type.”
by redesignating subsection (f) as subsection (i); and
by inserting after subsection (e) the following new subsections:
“(f) Prohibition on filtering and suppression—The Secretary of Defense and the Secretary of each military department shall develop policies to ensure that complaints filed by tenants under this section cannot be arbitrarily altered, deleted, or suppressed.
“(g) Protection from retaliation—The Secretary shall—
“(1) ensure tenants are protected from retaliation; and
“(2) develop and implement policies to prevent violations of whistleblower protections under section 1034 of this title.
“(h) Public notification and awareness of rights
“(1) The Secretary shall ensure that any agreement with a tenant for a covered dwelling unit includes a standardized notice outlining—
“(A) the right to submit complaints regarding covered dwelling units to the database under this section;
“(B) how to submit feedback; and
“(C) anti-retaliation protections.
“(2) Each military housing office of the Department shall—
“(A) display signage regarding the database under this section; and
“(B) provide onboarding education during in-processing at a new duty station for new tenants of covered dwelling units regarding such database.”
Sec. 2828 Requirement relating to any reprogramming request relating to funding for housing or facilities of Department of Defense
In any instance in which the Secretary of Defense requests approval from the congressional defense committees to reprogram funding authorized or appropriated by Congress or requests funding in the President's budget for accompanied housing, unaccompanied housing, or any other facility of the Department of Defense, including funding under the Facilities Sustainment, Restoration and Modernization account, the Secretary shall include with such request documentation of the following:
Any assessment of the condition of the facility from which the funding is proposed to be reprogrammed that were completed within the past five years.
The number of outstanding maintenance requests at such facility and the average wait time for maintenance requests to be resolved at such facility.
The level of funding required to address all outstanding maintenance requests, facility upgrades, and any other modifications needed to fully improve the conditions of such facility.
The number of members of the Armed Forces and family members of such members, as applicable, living at or working at such facility.
With respect to an unaccompanied housing facility, the number of barracks managers at such facility, including an identification of whether those managers work in a full-time or part-time capacity, as of the date of the request and each year within the past five years.
Any anticipated impacts to military readiness or morale due to the reprogramming of funding.
An analysis by the Department or the military departments on why the determination was made to reprogram such funding.
C Land Conveyances
Sec. 2841 Land conveyance, Milan Army Ammunition Plant, Tennessee
Conveyance authorized— The Secretary of the Army may convey, without consideration, to the University of Tennessee System (in this section referred to as the “University”) all right, title, and interest of the United States in and to parcels of real property, including any improvements thereon, at Milan Army Ammunition Plant, Tennessee, that consist of a total of approximately 5,000 acres for the purpose of permitting the University to use the parcels for education research.
Revisionary interest—
Interest retained—
In general— If the Secretary of the Army determines at any time that the property conveyed to the University 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 conveyed property, including any improvements thereon, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto the property.
Determination— A determination by the Secretary of the Army under subparagraph (A) shall be made on the record after an opportunity for a hearing.
Alternative consideration option— In lieu of exercising the reversionary interest retained under paragraph (1), the Secretary of the Army may accept an offer by the University to pay to the Secretary an amount equal to the fair market value of the property conveyed under subsection (a), excluding the value of any improvements on the conveyed property constructed without Federal funds after the date the conveyance is completed, as determined by the Secretary.
Payment of costs of conveyance— The Secretary of the Army shall require the University to pay 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 authorized under subsection (a), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance.
Treatment of amounts received—
In general— Amounts received as reimbursement under subsection (c) or as alternative consideration under subsection (b)(2) shall be credited to the fund or account that was used to pay the costs incurred by the Secretary of the Army in carrying out the conveyance under subsection (a) or, if the period of availability of obligation for appropriations to that fund or account has expired, to the fund or account that is currently available to the Secretary for the same purpose.
Merger of amounts— Amounts credited to a fund or account under paragraph (1) shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Description of property— The exact acreage and legal description of the parcels of real 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 authorized by subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2842 Land conveyance, Army Reserve Center, Opelika, Alabama
Conveyance authorized—
In general— The Secretary of the Army (in this section referred to as the “Secretary”) may convey to the City of Opelika, Alabama (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, containing an Army Reserve Center and consisting of approximately 4.5 acres, located within the City, for the purpose of meeting increased health care demands.
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.
Consideration— As consideration for the conveyance of property under subsection (a), the City shall provide the United States, whether by cash payment, in-kind consideration described in section 2667(c) of title 10, United States Code, or a combination thereof, an amount that is not less than the fair market value of the conveyed property, as determined pursuant to an appraisal acceptable to the Secretary.
Reversionary interest—
In general— If the Secretary determines at any time 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.
Determination— 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 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 are collected from the City 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 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.
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. 2843 Report on land withdrawal at Yuma Proving Ground, Arizona
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing all land withdrawal actions that are necessary to support the training of Armed Forces at Yuma Proving Ground, Arizona.
Sec. 2844 Report on necessary modifications to military land withdrawal of Fallon Range Training Complex, Nevada
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on any modifications that the Secretary determines are necessary to the military land withdrawal of Fallon Range Training Complex, Nevada, under subtitle G of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66), as added by section 2901 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 3015), regarding the management of withdrawn and reserved land, road reconstruction and treatment of existing roads and rights-of-way, reconstruction and relocation requirements, and treatment of livestock grazing permits.
Sec. 2845 Land exchange, Camp Pike and Camp Joseph T. Robinson, Arkansas
Exchange authorized— The Secretary of the Army (referred to in this section as the “Secretary”) may convey to the State of Arkansas all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 16.02 acres at Camp Pike, North Little Rock, Arkansas, containing the facility commonly known as the “90th Readiness Division Headquarters” and such additional real property north of Arkansas Avenue as determined by the survey conducted under subsection (e)(1), which shall be used by the Arkansas National Guard for administration, training, and operational purposes.
Consideration— As consideration for the conveyance under subsection (a), the State of Arkansas shall convey to the United States all right, title, and interest of the State of Arkansas in and to a parcel of real property, including any improvements thereon, consisting of approximately 68.16 acres at Camp Joseph T. Robinson, North Little Rock, Arkansas, containing the facility commonly known as the “Chappell Armory” and such additional adjoining lands as determined by the survey conducted under subsection (e)(1).
Manner of exchange—
Approximately equal value— The exchange of real property under this section shall be for parcels of approximately equal value, as determined by the Secretary through an appraisal acceptable to the Secretary.
No monetary consideration— Pursuant to section 18240 of title 10, United States Code, no monetary consideration may be provided or accepted by either party to equalize the value of the properties exchanged under this section.
Reversionary interests—
In general— If the Secretary 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 under paragraph (1) shall be made on the record after an opportunity for a hearing
Extinguishment of existing interest— In connection with the exchange authorized by this section, the Secretary shall extinguish the reversionary interest of the United States created by the Act entitled “An Act authorizing the transfer of part of Camp Joseph T. Robinson to the State of Arkansas”, approved June 30, 1950 (64 Stat. 310, chapter 429), applicable to the property to be conveyed by the State of Arkansas under subsection (b).
Surveys and property descriptions—
Determination— The exact acreage and legal descriptions of the real property to be exchanged under this section shall be determined by surveys satisfactory to the Secretary.
Costs— The State of Arkansas shall be responsible for all costs associated with the exchange of real property under this section, including the costs of surveys, appraisals, and any other administrative or environmental documentation required to complete the exchange.
Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.
Rule of construction— Nothing in this section shall be construed to affect or limit the application of, or any requirement for, environmental remediation under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other law.
Sec. 2846 Removal of conditions on use of certain land conveyed to the State of Indiana
Section 2858 of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104–106; 110 Stat. 571), as amended by section 2838 of the Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105–85; 111 Stat. 2006) and section 2843(i) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat. 2217), is further amended—
in subsection (b), by striking “The conveyances” and inserting “Except as provided in subsection (d), the conveyances”; and
by striking subsection (d) and inserting the following:
“(d) Condition on release of covenants—On the condition that the State convey approximately 80 acres of prior park property to the Indiana Army Ammunition Plant Reuse Authority, the Reuse Authority convey approximately 100 acres of prior industrial use property to the State, and the use of that 100 acres will be restricted by covenant to recreational purposes, the Secretary may release the covenant that requires the 80 acres of prior park property to be used for recreational purposes.”
Sec. 2847 Review and report on conveyance of Lambert St. Louis International Airport
Review required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a comprehensive review of, and submit to the Committees on Armed Services of the Senate and the House of Representatives a report on, the feasibility and advisability of conveying to the City of St. Louis, Missouri, all right, title, and interest of the United States in and to Lambert St. Louis International Airport, located in St. Louis County, Missouri (in this section referred to as “Lambert Airport”).
Elements of review— The review required by subsection (a) shall address, at a minimum, each of the following:
The current and anticipated military utility of Lambert Airport, including its value to the Department of Defense for airlift, training, contingency operations, and strategic access.
The operational impact of any conveyance under such subsection on the Missouri Army National Guard and Missouri Air National Guard units currently based at or using Lambert Airport, including the 131st Bomb Wing and any associated tenant units.
The operational impact of any such conveyance on units of the Navy Reserve and Marine Corps Reserve currently stationed at or using Lambert Airport.
The benefits to the Department of Defense of such a conveyance, including any expected reduction in maintenance costs, real property obligations, and administrative burdens associated with continued ownership by the Federal Government.
The legal authorities required to effectuate such a conveyance, including any required congressional action, environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and compliance with the base realignment and closure process, if applicable.
The terms and conditions, including any reversionary interests, use restrictions, or Federal Government access rights, that should be incorporated into any instrument of conveyance to protect the interests of the Department of Defense.
The estimated fair market value of the Federal Government interest in Lambert Airport and whether any compensation to the United States would be required or appropriate as a condition of conveyance.
Alternative locations for reserve component units—
In general— As part of the review required by subsection (a), the Secretary of Defense shall identify and evaluate alternative locations within the State of Missouri to which units of the reserve components of the Armed Forces currently assigned, stationed, or regularly operating at Lambert Airport could be relocated in the event of a conveyance described in subsection (a).
Inclusions— The evaluation required under paragraph (1) shall include, with respect to each alternative location identified, each of the following:
The suitability of such location to support the mission requirements, equipment, personnel, and readiness posture of the affected units.
The estimated costs of construction, facility modification, or infrastructure development necessary to accommodate relocated units at each such alternative location.
The anticipated impact of relocation on unit recruitment, retention, and civilian employment, with particular attention to the economic effects on the communities currently served by Lambert Airport.
The timeline required to achieve full operational capability at any such alternative location.
The availability and sufficiency of airfield, runway, hangar, maintenance, armory, and administrative facilities at each such alternative location.
Consultation— In conducting the review required by subsection (a), the Secretary of Defense shall consult with each of the following:
The Governor of Missouri.
The Adjutant General of Missouri.
The Mayor of the City of St. Louis, Missouri.
The Secretary of the Air Force, the Secretary of the Army, and the Secretary of the Navy.
The Chief of the National Guard Bureau.
The Administrator of the Federal Aviation Administration.
Form of report— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
No authorization for conveyance— Nothing in this section shall be construed to authorize the conveyance of Lambert Airport or any other Federal Government property, or to waive any otherwise applicable requirement of law.
Sec. 2848 Review and report on conveyance of Joint Base Elmendorf-Richardson, Anchorage, Alaska
Review and required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a comprehensive review of, and submit to the Committees on Armed Services of the Senate and the House of Representatives a report on, the feasibility and advisability of conveying to the municipality of Anchorage, Alaska (in this section referred to as the “Municipality”), all right, title, and interest of the United States in and to approximately 50 acres of land located on Joint Base Elmendorf-Richardson in Anchorage, Alaska (in this section referred to as the “parcel”).
Elements of review— The review required by subsection (a) shall address, at a minimum, each of the following:
The current and anticipated utility of the parcel to the Department of Defense and the value of the parcel to the Municipality.
The operational impact to the Department of the conveyance under such subsection.
The benefits to the Department of such conveyance, including any expected reduction in maintenance costs, real property obligations, and administrative burdens associate with continued ownership of the parcel.
The legal authorities required to effectuate such conveyance, including any required congressional action, environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and compliance with the base realignment and closure process, if applicable.
The terms and conditions, including any reversionary interests, use restrictions, or Federal Government access rights, that should be incorporated into any instrument of conveyance of the parcel to protect the interests of the Department.
The estimated fair market value of the Federal Government interest in the parcel.
Form of report— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
No authorization for conveyance— Nothing in this section shall be construed to authorize the conveyance of the parcel or any other Federal Government property, or to waive any otherwise applicable requirement of law.
D Other Matters
Sec. 2861 Authority of combatant commands to recover and reinvest operational energy cost savings
Section 2912 of title 10, United States Code, is amended—
in subsection (b)(1), by inserting “combatant command,” after “agency,”; and
in subsection (c)(3), by inserting “combatant command,” after “agency,”.
Sec. 2862 Energy control requirements for electrical infrastructure upgrades
Purpose— The purpose of this section is to ensure that electrical systems within facilities of the Department of Defense are capable of supporting distributed energy resources and microgrid operations, thereby enhancing energy resilience, security, and operational continuity.
Requirement— Any project described in subsection (c) shall include the installation of energy management and control systems that enable the following:
The capability to—
operate in islanded mode during grid outages;
integrate distributed energy resources, including renewable generation and energy storage; and
provide automated load management and demand response.
Interoperability with existing and future supervisory control and data acquisition systems.
Compliance with cybersecurity standards established by the Department of Defense.
Project described— A project described in this subsection is a project involving the replacement, upgrade, or major modification of—
electrical panels, switchgear, or associated distribution equipment of the Department of Defense; or
systems serving mission critical or essential operations within facilities of the Department.
Standards and guidance— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall issue technical standards and implementation guidance to carry out this section, including the following:
Minimum functional requirements for energy management and control systems to be installed under this section.
Certification criteria for infrastructure that has the capability described in subsection (b)(1).
Approved technologies and protocols for interoperability under subsection (b)(2).
Reporting— Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to Congress a report summarizing compliance by the Department of Defense with this section and identifying barriers to implementation of this section.
Effective date— This section shall take effect on the date that is 180 days after the date of the enactment of this Act.
Sec. 2863 Modification of calculation of minimum capital investment for facilities sustainment, restoration, and modernization
Section 2680 of title 10, United States Code, is amended—
in subsection (a)(1)—
by striking “subsection (b)” and inserting “subsection (b)(1)”; and
by inserting “, including amounts obligated under eligible performance-based contracts,” after “facilities”;
in subsection (b)—
by striking “In making” and inserting “(1) In making”; and
by adding at the end the following new paragraph:
“(2) For purposes of the minimum investment required under paragraph (2) of subsection (a), only amounts obligated for execution during the relevant fiscal year, not any planned, projected, or anticipated obligations, may be credited toward such requirement.”
in subsection (e)—
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following new paragraph (2):
“(2) The term eligible performance-based contract means an energy savings performance contract, utility energy savings contract, or other performance-based arrangement under which—
“(A) the contract or arrangement is fully executed;
“(B) all private financing associated with such contract or arrangement is secured and obligated; and
“(C) the Department of Defense is legally committed to payments under the contract or arrangement.”
Sec. 2864 Requirements relating to leasing of land in Hawaii
The Secretary of the Army shall—
seek from the State of Hawaii on terms acceptable to both the Department of the Army and the State of Hawaii a renewal of the relevant leases entered into pursuant to section 2667 of title 10, United States Code, relating to the 19,700 acres of the Pohakuloa Training Area and 450 acres of the Kahuku Training Area identified in the environmental impact statement preferred by the Department of the Army;
not later than 30 days after the date of the enactment of this Act, resubmit a new environmental impact statement for additional review by the Hawaii Department of Land and Natural Resources that responds to and addresses any deficiencies identified by the Hawaii Department of Land and Natural Resources; and
not later than 60 days after the date of the enactment of this Act, submit to the congressional defense committees a report describing the specific steps and proposals the Secretary has made to promote lease renewals pursuant to this section.
Sec. 2865 Department of Defense Laboratory Facility Investment Program
Establishment— Subchapter I of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
“2820a. Department of Defense Laboratory Facility Investment Program
“(a) Establishment—The Secretary of Defense shall establish and carry out a program to be known as the “Department of Defense Laboratory Facility Investment Program” (in this section referred to as the “Program”) to fund military construction projects that improve, modernize, or recapitalize the physical infrastructure of covered defense laboratories in support of research, development, test, and evaluation missions critical to national security.
“(b) Administration—The Program shall be administered by the Under Secretary of Defense for Research and Engineering (in this section referred to as the “Under Secretary”).
“(c) Duties—In carrying out the Program, the Under Secretary shall—
“(1) establish policies, criteria, and procedures for the submission, evaluation, and prioritization of project proposals under the Program;
“(2) coordinate with the Secretaries of the military departments, the heads of defense agencies, and the commanders of combatant commands to identify and prioritize infrastructure requirements for covered defense laboratories;
“(3) evaluate project proposals using criteria that include—
“(A) the mission criticality of the laboratory and affected facilities;
“(B) the degree of facility degradation, obsolescence, or inadequacy relative to current and projected research requirements;
“(C) the potential impact on the ability of the Department of Defense to develop, test, or evaluate technologies essential to national defense, including critical and emerging technologies designated under the national security strategy submitted under section 4811 of this title;
“(D) the cost-effectiveness of the proposed construction relative to the projected useful service life and research workload of the laboratory; and
“(E) consistency with the long-term strategic plan of the Department for science and technology infrastructure; and
“(4) issue annual program guidance to components of the Department not later than 90 days before the date on which project submissions for the Program are due each fiscal year.
“(d) Eligible projects
“(1) In general—A military construction project is eligible for funding under the Program if the project—
“(A) is located at, or directly supports the mission of, a covered defense laboratory;
“(B) involves the construction, expansion, replacement, or modernization of a facility or facility system used principally for research, development, test, or evaluation activities;
“(C) has an estimated cost of not less than $2,000,000; and
“(D) has been designed to not less than the 35-percent design stage before submission to Congress as part of a budget request unless progressive design build is being utilized.
“(2) Ineligible activities—The following activities are not eligible for funding under the Program:
“(A) New mission construction not tied to existing research activities at a covered defense laboratory.
“(B) Routine maintenance, repair, or sustainment activities that are properly funded through a facilities sustainment, restoration, and modernization account.
“(C) Projects that duplicate capabilities available under other military construction authorities, including those available under sections 2805, 2811, and 2854 of this title, unless the Under Secretary determines that use of such authorities is impracticable.
“(e) Funding
“(1) Authorizations
“(A) In general—There is authorized to be appropriated to the Under Secretary for each fiscal year $250,000,000 to carry out the Program.
“(B) Availability of amounts—Amounts authorized under subparagraph (A) for the Program shall be available for obligation for a period of three fiscal years.
“(2) Account—Amounts for the Program shall be authorized to a separate budget line item within the Military Construction, Defense-Wide account under the heading “Department of Defense Laboratory Facility Investment Program”.
“(3) Project authorization required—The Secretary of Defense may carry out a military construction project under the Program only if the project has been specifically authorized by law.
“(4) Planning and design—The Secretary of Defense may use amounts available under the Program for planning and design activities associated with projects proposed for inclusion in a subsequent budget request. Planning and design costs shall be reported separately in the annual budget justification documents for the Program.
“(f) Submission of project proposals—As part of the budget justification materials submitted to Congress in connection with the budget of the Department of Defense for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include, for each military construction project proposed for funding under the Program in such fiscal year, a completed Department of Defense Form 1391 (or successor form) that includes—
“(1) the name and location of the covered defense laboratory for which the project is intended;
“(2) a description of the project, the scope of work, and the estimated cost;
“(3) a description of the research, development, test, or evaluation mission supported by the project and the consequences of deferred investment;
“(4) the current facility condition rating and an assessment of the suitability of the facility to support the assigned missions of the laboratory without the proposed investment;
“(5) the status of design completion and the anticipated award date for construction;
“(6) an economic analysis consistent with the procedures under Department of Defense Instruction 7041.03 (relating to economic analysis for decision-making) or successor instruction; and
“(7) any other information the Under Secretary determines appropriate to facilitate congressional review.
“(g) Annual report—Not later than March 1 of each year, the Under Secretary shall submit to the congressional defense committees a report on the Program for the preceding fiscal year that includes—
“(1) a summary of all projects funded under the Program, including the name of the covered defense laboratory, the project description, the amount obligated, and the construction status;
“(2) an assessment of the overall condition of covered defense laboratory facilities, including an estimate of the total unfunded facility investment requirement across the defense laboratory enterprise;
“(3) a description of projects proposed for inclusion in the next annual budget request; and
“(4) any recommended changes to policies, criteria, or funding levels for the Program.
“(h) Project changes and cancellations
“(1) Changes—Any changes to the cost or scope of a project authorized under the Program shall be subject to the requirements of section 2853 of this title.
“(2) Cancellations—The Under Secretary shall notify the congressional defense committees not later than 14 days after deciding to cancel a project authorized under the Program.
“(i) Relationship to other authorities
“(1) In general—The Program shall complement, but not replace, other authorities available to components of the Department of Defense for laboratory facility investment, including—
“(A) the authority to use funds available to the Department for research, development, test, and evaluation for laboratory facility construction under section 4093 of this title;
“(B) the authority for unspecified minor military construction under section 2805 of this title; and
“(C) the authority for restoration or replacement of damaged or destroyed facilities under section 2854 of this title.
“(2) Use of Program—A component of the Department of Defense may use the Program for projects that are not adequately addressed by the authorities described in paragraph (1).
“(j) Covered defense laboratory defined—In this section, the term covered defense laboratory means any laboratory, research center, test and evaluation facility, or warfare center of the Department of Defense designated as a science and technology reinvention laboratory under section 4121 of this title, or any other facility of the Department determined by the Under Secretary to perform research, development, test, or evaluation activities as a primary mission.”
Initial program guidance— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall issue initial program guidance for the Department of Defense Laboratory Facility Investment Program established under section 2820a of title 10, United States Code (as added by subsection (a)), including criteria for project submission, evaluation methodology, and the annual timeline for project proposals and congressional budget submissions.
First budget submission— The Secretary of Defense shall include proposed projects under the Department of Defense Laboratory Facility Investment Program established under section 2820a of title 10, United States Code (as added by subsection (a)), in the budget materials submitted to Congress for fiscal year 2029, which shall be the first fiscal year for which projects under the Program may be authorized.
Sec. 2866 Consideration of modular construction methods for military construction projects with protective design elements
In general— In determining the requirements for a proposed military construction project with protective design elements, the Secretary of Defense shall consider the use of modular construction methods along with other construction methods to determine the most effective method for such military construction project to meet mission needs.
Report—
In general— 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 on the use of modular construction methods as described in subsection (a).
Elements— The report required by paragraph (1) shall include the following:
A summary of current policy and guidance of the Department of Defense governing the use of modular construction for military construction projects, including modular construction methodologies with protective design elements.
A cost-benefit analysis that—
compares modular construction methods to other construction methods for military construction projects; and
describes the effect of modular construction methods on construction timelines and life-cycle costs.
An identification of potential use cases for modular construction methods and any limitations or constraints on the use of such methods.
Definitions— In this section:
Modular construction— The term modular construction means a construction process in which components of a construction project are prefabricated off-site under controlled conditions and then transported to the site of such project for assembly.
Protective design elements— The term protective design elements means, with respect to a military construction project, that such project requires use of materials that have been blast hardened or ballistic hardened, or requires incorporation of measures intended to mitigate blast or ballistic threats, including minimum standoff distance requirements, berms, or barriers as identified in the security or antiterrorism design criteria for the project.
Sec. 2867 Standardized methodology for basing decisions for the Air Force
The Secretary of the Air Force shall ensure that all basing decisions for aircraft of the Air Force made on or after the date of the enactment of this Act are conducted using a standardized methodology that—
incorporates lifecycle cost estimates for the aircraft over a period of not less than 10 years;
uses current and validated infrastructure, readiness, and aircraft condition data;
includes transparent weighing of evaluation criteria; and
accounts for operational mission requirements, including projected demand from the combatant commands.
Sec. 2868 Pilot program on replacement of substandard chillers or facilities that support subsistence resiliency
In general— The Secretary concerned may, in accordance with this section, carry out a pilot program under which the Secretary concerned may replace a chiller or chiller-related facility that supports subsistence resiliency with a new such chiller or facility not otherwise authorized by law.
Locations— The Secretary may carry out the pilot program under subsection (a) at a facility of the Department of Defense within the area of responsibility of the Indo Pacific Command that is deemed to be a remote and isolated facility.
Chiller and facility requirements— A new chiller or facility replaced under subsection (a)—
must be replacing a chiller or facility that is in a substandard condition, as determined by the Secretary concerned;
must be designed and utilized for the same purpose as the chiller or facility being replaced;
must be located on the same installation as the chiller or facility being replaced;
must be designed to meet, at a minimum, current standards for construction, utilization, and force protection; and
may not be more than 125 percent of the footprint of the chiller or facility being replaced unless—
justification is provided under subsection (d) indicating that an increased operational presence is expected within the next five years; or
multiple chillers or facilities are being consolidated to improve efficiency.
Source of funds— The Secretary concerned, in using the authority under this section, may spend amounts available to the Secretary concerned for operation and maintenance or unspecified military construction.
Congressional notification— When a decision is made to carry out a replacement project under this section with an estimated cost in excess of $15,000,000, the Secretary concerned shall submit, in an electronic medium pursuant to section 480 of title 10, United States Code, to the appropriate committees of Congress a report containing—
the justification for the replacement project and the current estimate of the cost of the project; and
a description of the elements of military construction, including the elements specified in section 2802(b) of such title, incorporated into the project.
Definitions— In this section:
Appropriate committees of Congress; facility; Secretary concerned— The terms appropriate committees of Congress, facility, and Secretary concerned have the meanings given those terms in section 2801 of title 10, United States Code.
Substandard condition— The term substandard condition, with respect to a chiller or facility, means the chiller or facility, as the case may be, can no longer meet the requirements of current standards without repair that would cost more than 75 percent of the replacement cost.
Sunset— The authority under this section shall terminate on the date that is five years after the date of the enactment of this Act.
Sec. 2869 Department of Defense pilot program for development and use of online real estate inventory tool
Section 2866 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 to read as follows:
“2866. Pilot program of Department of Defense for development and use of online real estate inventory tool
“(a) Pilot program required
“(1) Establishment—The Secretary of Defense shall establish a pilot program for the development of an online real estate tool to identify the existing inventory of space available at the installations of the Department of Defense selected by the Secretary under paragraph (2) for the purposes specified in subsection (b) (in this section referred to as the “pilot program”).
“(2) Selection of pilot locations—The Secretary shall evaluate the online inventory tool developed under the pilot program at installations of the Department selected by the Secretary as appropriate locations for evaluation of the online inventory tool, which shall include—
“(A) not less than five, but not more than 10, installations of the Air Force, Navy, Marine Corps, or Space Force; and
“(B) all installations selected by the Secretary of the Army under this section as of the day before the date of the enactment of this Act.
“(3) Consultation—The Secretary shall establish the pilot program and develop the online inventory tool under the pilot program in consultation with the Administrator of General Services and each Secretary of a military department.
“(b) Purposes—The purposes of the online inventory tool developed under the pilot program are—
“(1) to achieve efficiencies in real estate property management consistent with the goal under the national defense strategy under section 113(g) of title 10, United States Code, of finding greater efficiencies within operations of the Department and leveraging commercial off-the-shelf technologies to better support members of the Armed Forces; and
“(2) to provide a means to better quantify existing space available at installations of the Department and how it is utilized for current missions and requirements.
“(c) Considerations—To establish the pilot program, the Secretary shall—
“(1) consider innovative approaches, including the use of other transaction authorities consistent with section 4021 of title 10, United States Code, and the use of commercial off-the-shelf technologies;
“(2) develop appropriate protections of sensitive or classified information from being included with the online inventory tool developed under the pilot program;
“(3) develop appropriate levels of access for private sector users of the online inventory tool; and
“(4) in developing the online inventory tool and the protections, levels of access, and other considerations under this subsection, include lessons learned from the Secretary of the Army on the development of the pilot program under this section before the date of the enactment of this Act.
“(d) Establishment of use policy
“(1) In general—In connection with the development of the online inventory tool under the pilot program, the Secretary of Defense shall develop policy requiring the use of the online inventory tool at all installations of the Department selected under subsection (a)(2) to query for existing inventory at such installations before any military construction or off-post leases are agreed to for such installations.
“(2) Guidelines—The Secretary shall prescribe guidelines to be implemented by each Secretary of a military department in using the online inventory tool under the pilot program.
“(3) Notifications—The Secretary shall ensure that all relevant notifications to the congressional defense committees include a certification that the online inventory tool developed under the pilot program was used.
“(e) Rule of construction—Nothing in this section shall be construed to affect the application of title V of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.).
“(f) Reporting requirement
“(1) In general—Not later than one year after the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2027, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and the House of Representatives a report evaluating the success of the pilot program in achieving the purposes specified in subsection (b).
“(2) Elements—At a minimum, the report required under paragraph (1) shall identify and contain the following:
“(A) An identification of the installations selected under subsection (a)(2) to participate in the pilot program broken out by respective military department.
“(B) The number of real estate agreements entered into by each Secretary of a military department that were facilitated by use of the online inventory tool developed under the pilot program, including for each agreement the installation, amount of space, value, and purpose of the agreement.
“(C) An evaluation of the extent to which use of the online inventory tool reduced the need for military construction or off-post leases.
“(D) An evaluation of any impediments to efficient use of the online inventory tool.
“(E) The recommendations of the Secretary regarding whether the pilot program should be extended, expanded, or made permanent.
“(g) Online inventory tool defined—In this section, the term online inventory tool means the online real estate tool developed under the pilot program to identify existing inventory of space available at installations of the Department of Defense selected to participate in the pilot program.
“(h) Duration—The authority of the Secretary of Defense to conduct the pilot program shall expire on September 30, 2031.”
Sec. 2870 Transfer of amounts for development of Ford Island, Hawaii, and electrical upgrades and Barbers Point, Hawaii
Transfer— Not later than 30 days after the date of the enactment of this Act, the Secretary of the Navy shall transfer all amounts contained in an account associated with the Ford Island Master Development Agreement to the Ford Island Improvement Account.
Use of amounts— Amounts transferred under subsection (a) may be used—
pursuant to section 2814 of title 10, United States Code—
to carry out improvements of property or facilities at Ford Island, Hawaii; and
to obtain property support services for property or facilities at Ford Island; and
to make electrical upgrades at Barbers Point, Hawaii.
Sec. 2871 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.”.
Sec. 2872 Plan on remediation of certain equipment and computational facilities owned or controlled by a foreign adversary
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Commander of the United States Northern Command and the Secretaries of the military departments and in consultation with the Secretary of Energy, shall submit to the congressional defense committees a plan to identify, prioritize, and remediate, to the standards established under sections 394, 2815, and 2920 of title 10, United States Code, the presence of covered equipment and covered computational facilities owned or controlled by a foreign adversary in the electric grid of the United States.
Elements— The plan required under subsection (a) shall include—
an assessment of the risks to the national defense and security of the United States posed by covered equipment owned or controlled by a foreign adversary, components, systems, and technologies related to such equipment, and covered computational facilities owned or controlled by a foreign adversary, including risks to—
military installations and defense critical electric infrastructure (as defined in section 215A of the Federal Power Act (16 U.S.C. 824o–1));
continuity of operations for critical missions of the Department of Defense; and
the reliability and resilience of the bulk-power system;
criteria for prioritizing remediation actions based on risk to military operations, including proximity to covered military installations and entities of the defense industrial base, and the criticality of affected infrastructure;
a remediation strategy, coordinated with relevant State governments—
to remove, replace, or otherwise mitigate, to the standards established under sections 2815 and 2920 of title 10, United States Code, covered equipment, components, systems, and technologies related to such equipment, and computational facilities;
to incorporate secure and trusted alternatives to such equipment, components, systems, technologies, and facilities, including weapons protection, standard manufactured components, and software; and
to minimize disruption to grid operations; and
such other information and plans as the Secretary determines relevant.
Form— The plan required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Annual funding, equipment, and personnel requirements— Beginning in the fiscal year 2028 budget cycle, and annually thereafter, the Commander of the United States Northern Command shall submit to the Secretary and the congressional defense committees an annual budget estimating the funding required to execute the plan submitted under subsection (a).
Definitions— In this section:
Control— The term control has the meaning given that term in section 800.208 of title 31, Code of Federal Regulations, or any successor regulations.
Covered computational facility—
In general— Subject to subparagraph (B), the term covered computational facility means a facility used to operate computing equipment in support of continuous, automated computational operations.
Issuance of guidance—
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Commander of the United States Northern Command, shall issue guidance to further define the term covered computational facility for purposes of this section.
Annual update— Not less frequently than annually, the Secretary, in consultation with the Commander of the United States Northern Command, shall, as appropriate, update guidance under clause (i) in response to technical developments, legal, regulatory, and institutional barriers, and newly identified threats and risks.
Covered equipment— The term covered equipment means any equipment that—
is capable of connecting to the internet, a local area network, a wide area network, or any other communications network, whether through wired or wireless means, regardless of ownership or operational control by the government or private industry;
contains software, firmware, or hardware that is remotely updatable or remotely accessible;
is otherwise susceptible to unauthorized access, exploitation, or manipulation through a network-connected vector, including through embedded components, supply chain vulnerabilities, or third-party software dependencies; and
is directly connected to the grid, the electric distribution system of a military installation or entity of the defense industrial base, or connected to the grid through a transformer, and can be accessed or communicated with via power line or other communication, or that can be physically accessed.
Foreign adversary— The term foreign adversary has the meaning given the term covered nation in section 4872(f) of title 10, United States Code.
Secretary— The term Secretary means the Secretary of Defense.