SEC. 2001. Short Title.
This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2020”.
Division B — Military Construction Authorizations
DIVISION B Military Construction Authorizations
SEC. 2002. Expiration of Authorizations and Amounts Required to Be Specified by Law.
Expiration of Authorizations After Five Years.— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII and title XXIX for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
October 1, 2024; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025.
Exception.— Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
October 1, 2024; or
the date of the enactment of an Act authorizing funds for fiscal year 2025 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
SEC. 2003. Effective Date.
TITLE 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:
| State | Installation | Amount |
|---|---|---|
| Alabama | Redstone Arsenal | $38,000,000 |
| Colorado | Fort Carson | $71,000,000 |
| Georgia | Fort Gordon | $107,000,000 |
| Hunter Army Airfield | $62,000,000 | |
| Kentucky | Fort Campbell | $61,300,000 |
| Massachusetts | U.S. Army Natick Soldier Systems Center | $50,000,000 |
| Michigan | Detroit Arsenal | $24,000,000 |
| New York | Fort Drum | $44,000,000 |
| North Carolina | Fort Bragg | $12,500,000 |
| Oklahoma | Fort Sill | $73,000,000 |
| Pennsylvania | Carlisle Barracks | $98,000,000 |
| South Carolina | Fort Jackson | $88,000,000 |
| Texas | Corpus Christi Army Depot | $86,000,000 |
| Fort Hood | $50,500,000 | |
| Virginia | Fort Belvoir | $60,000,000 |
| Joint Base Langley-Eustis | $55,000,000 | |
| Washington | Joint Base Lewis-McChord | $46,000,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out the military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation | Amount |
|---|---|---|
| Honduras | Soto Cano Air Base | $34,000,000 |
| Kwajalein | Kwajalein Atoll | $40,000,000 |
Study of Near-term Facility Alternatives to House High Value Detainees.—
Study required.— The Secretary of Defense shall conduct a study of alternatives to meet the near-term facility requirements to safely and humanely house high value detainees current detained at Naval Station Guantanamo Bay, Cuba. As part of the study, the Secretary shall consider the following alternatives:
The construction of new facilities.
The repair of current facilities.
The renovation and repurposing of other facilities at Naval Station Guantanamo Bay, Cuba.
Such other alternatives as the Secretary considers practicable.
Submission of results.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under paragraph (1). The report shall be unclassified, but may include a classified annex.
SEC. 2102. Family Housing.
Construction and Acquisition.— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, and in the amount, set forth in the following table:
| State/Country | Installation | Units | Amount |
|---|---|---|---|
| Pennsylvania | Tobyhanna Army Depot | Family Housing Replacement Construction | $19,000,000 |
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 $9,222,000.
SEC. 2103. Authorization of Appropriations, Army.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2104. Modification of Authority to Carry Out Certain Fiscal Year 2019 Projects.
Anniston Army Depot, Alabama.— In the case of the authorization contained in the table in section 2101(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2241) for Anniston Army Depot, Alabama, for construction of a weapon maintenance shop, as specified in the funding table in section 4601 of such Act (132 Stat. 2401), the Secretary of the Army may construct a 21,000-square foot weapon maintenance shop.
United States Military Academy, New York.— The table in section 2101(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2241) is amended in the item relating to the United States Military Academy, New York, by striking “ $160,000,000” and inserting “ $197,000,000” for construction of a Consolidated Engineering Center and Parking Structure rather than the separate projects specified in the funding table in section 4601 of such Act (132 Stat. 2401).
TITLE 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 2204(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Arizona | Marine Corps Air Station Yuma | $189,760,000 |
| California | Camp Pendleton | $185,569,000 |
| Marine Corps Air Station Miramar | $37,400,000 | |
| Naval Air Weapons Station China Lake | $64,500,000 | |
| Navel Base Coronado | $165,830,000 | |
| Naval Base San Diego | $9,900,000 | |
| Naval Weapons Station Seal Beach | $123,310,000 | |
| Travis Air Force Base | $64,000,000 | |
| Connecticut | Naval Submarine Base New London | $72,260,000 |
| Florida | Blount Island | $18,700,000 |
| Naval Air Station Jacksonville | $32,420,000 | |
| Guam | Joint Region Marianas | $226,000,000 |
| Hawaii | Marine Corps Air Station Kaneohe Bay | $134,050,000 |
| Naval Ammunition Depot West Loch | $53,790,000 | |
| Maryland | Saint Inigoes | $15,000,000 |
| North Carolina | Camp Lejeune | $229,010,000 |
| Marine Corps Air Station Cherry Point | $114,570,000 | |
| Marine Corps Air Station New River | $11,320,000 | |
| Pennsylvania | Philadelphia | $74,630,000 |
| South Carolina | Parris Island | $37,200,000 |
| Virginia | Marine Corps Base Quantico | $143,350,000 |
| Naval Station Norfolk | $139,100,000 | |
| Portsmouth Naval Shipyard | $48,930,000 | |
| Yorktown Naval Weapons Station | $59,000,000 | |
| Washington | Bremerton | $51,010,000 |
| Keyport | $25,050,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Australia | Darwin | $211,500,000 |
| Japan | Fleet Activities Yokosuka | $174,692,000 |
| Marine Corps Air Station Iwakuni | $15,870,000 |
Report Required as Condition of Authorization.—
Report.— At the same time that the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2021, the Secretary of the Navy shall submit to the congressional defense committees a report describing, for each project authorized in the first item in the table in subsection (b) for Darwin that is required to support the full complement of the Marine Rotational Force–Darwin—
the required infrastructure investments for the project;
the source of funding, including funds provided by the Government of Australia, for the project; and
the proposed year for implementation of the project.
Condition.— The Secretary of the Navy may not commence a project authorized in the first item in the table in subsection (b) for Darwin until the report under paragraph (1) has been submitted.
SEC. 2202. Family Housing.
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $5,863,000.
SEC. 2203. Improvements to Military Family Housing Units.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $41,798,000.
SEC. 2204. Authorization of Appropriations, Navy.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2205. Modification of Authority to Carry Out Certain Fiscal Year 2017 Project.
The table in section 2201(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2691) is amended in the item relating to Bangor, Washington, by striking “ $113,415,000” and inserting “ $161,415,000” for construction of a SEAWOLF Class Service Pier, as specified in the funding table in section 4601 of such Act (130 Stat. 2876).
TITLE 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 2304(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Alaska | Eielson Air Force Base | $8,600,000 |
| Arkansas | Little Rock Air Force Base | $47,000,000 |
| California | Travis Air Force Base | $43,100,000 |
| Colorado | Peterson Air Force Base | $54,000,000 |
| Schriever Air Force Base | $148,000,000 | |
| United States Air Force Academy | $49,000,000 | |
| Georgia | Moody Air Force Base | $12,500,000 |
| Guam | Joint Region Marianas | $65,000,000 |
| Illinois | Scott Air Force Base | $100,000,000 |
| Mariana Islands | Tinian | $316,000,000 |
| Missouri | Whiteman Air Force Base | $27,000,000 |
| Montana | Malmstrom Air Force Base | $235,000,000 |
| Nevada | Nellis Air Force Base | $65,200,000 |
| New Mexico | Holloman Air Force Base | $20,000,000 |
| Kirtland Air Force Base | $37,900,000 | |
| North Dakota | Minot Air Force Base | $5,500,000 |
| Texas | Joint Base San Antonio | $243,300,000 |
| Utah | Hill Air Force Base | $114,500,000 |
| Washington | Fairchild-White Bluff | $31,000,000 |
| Wyoming | F.E. Warren Air Force Base | $18,100,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Australia | Tindal | $70,600,000 |
| Cyprus | Royal Air Force Akrotiri | $27,000,000 |
| Japan | Yokota Air Base | $12,400,000 |
| United Kingdom | Royal Air Force Lakenheath | $14,300,000 |
SEC. 2302. Family Housing.
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,409,000.
SEC. 2303. Improvements to Military Family Housing Units.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $53,584,000.
SEC. 2304. Authorization of Appropriations, Air Force.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2305. Modification of Authorities to Carry Out Phased Joint Intelligence Analysis Complex Consolidation.
Fiscal Year 2015 Project Authority.— In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3679) for Royal Air Force Croughton, United Kingdom, for Phase 1 of the Joint Intelligence Analysis Complex consolidation, as specified in the funding table in section 4601 of such Act (128 Stat. 3973), the Secretary of the Air Force shall carry out the construction at Royal Air Force Molesworth, United Kingdom.
Fiscal Year 2016 Project Authority.— In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1153), for Royal Air Force Croughton, United Kingdom, for Phase 2 of the Joint Intelligence Analysis Complex consolidation, as specified in the funding table in section 4601 of such Act (129 Stat. 1294), the Secretary of the Air Force may construct a 5,152-square meter Intelligence Analytic Center, a 5,234-square meter Intelligence Fusion Center, and a 807-square meter Battlefield Information Collection and Exploitation System Center at Royal Air Force Molesworth, United Kingdom.
Fiscal Year 2017 Project Authority.— In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2697), for Royal Air Force Croughton, United Kingdom, for Phase 3 of the Joint Intelligence Analysis Complex consolidation, as specified in the funding table in section 4601 of such Act (130 Stat. 2878), the Secretary of the Air Force may construct a 1,562-square meter Regional Joint Intelligence Training Facility and a 4,495-square meter Combatant Command Intelligence Facility at Royal Air Force Molesworth, United Kingdom.
Conforming Repeal.— Section 2305 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2247) is repealed.
SEC. 2306. Modification of Authority to Carry Out Certain Fiscal Year 2016 Project.
The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1152) is amended in the item relating to Nellis Air Force Base, Nevada, by striking “ $68,950,000” and inserting “ $72,050,000” for construction of F–35A Munitions Maintenance Facilities, as specified in the funding table in section 4601 of such Act (129 Stat. 1293).
SEC. 2307. Modification of Authority to Carry Out Certain Fiscal Year 2017 Project.
The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2696) is amended in the item relating to Fairchild Air Force Base, Washington, by striking “ $27,000,000” and inserting “ $31,800,000” for construction of a SERE School Pipeline Dormitory, as specified in the funding table in section 4601 of such Act (130 Stat. 2878).
SEC. 2308. Modification of Authority to Carry Out Certain Fiscal Year 2018 Projects.
Little Rock Air Force Base, Arkansas.— The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1825) is amended in the item relating to Little Rock Air Force Base, Arkansas, by striking “ $20,000,000” and inserting “ $27,000,000” for construction of a dormitory facility, as specified in the funding table in section 4601 of such Act (131 Stat. 2002).
Joint Base San Antonio, Texas.— In the case of the authorization contained in the table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1826) for Joint Base San Antonio, Texas, the Secretary of the Air Force may construct—
a 750-square meter equipment building for construction of a Classrooms/Dining Facility, as specified in the funding table in section 4601 of such Act (131 Stat. 2003); and
a 636-square meter air traffic control tower for construction of an Air Traffic Control Tower, as specified in the funding table in section 4601 of such Act (131 Stat. 2003).
F.E. Warren Air Force Base, Wyoming.— The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1825) is amended in the item relating to F.E. Warren Air Force Base, Wyoming, by striking “ $62,000,000” and inserting “ $80,100,000” for construction of a Consolidated Helo/TRF Ops/AMU and Alert Facility, as specified in the funding table in section 4601 of such Act (131 Stat. 2004).
Rygge Air Station, Norway.— In the case of the authorization contained in the table in section 2903 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1876) for Rygge Air Station, Norway, for replacement/expansion of a Quick Reaction Alert Pad, as specified in the funding table in section 4602 of such Act (131 Stat. 2014), the Secretary of the Air Force may construct 1,327 square meters of aircraft shelter and a 404-square meter fire protection support building.
Incirlik Air Base, Turkey.— In the case of the authorization contained in the table in section 2903 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1876) for Incirlik Air Base, Turkey, for Relocating Base Main Access Control Point, as specified in the funding table in section 4602 of such Act (131 Stat. 2015), the Secretary of the Air Force may construct a 223-square meter pedestrian search building.
SEC. 2309. Modification of Authority to Carry Out Certain Fiscal Year 2019 Projects.
Hanscom Air Force Base, Massachusetts.— In the case of the authorization contained in the table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) for Hanscom Air Force Base, Massachusetts, for the construction of a semi-conductor/microelectronics laboratory facility, as specified in the funding table in section 4601 of such Act (132 Stat. 2405), the Secretary of the Air Force may construct a 1,000 kilowatt stand-by generator.
Minot Air Force Base, North Dakota.— The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) is amended in the item relating to Minot Air Force Base, North Dakota, by striking “ $66,000,000” and inserting “ $71,500,000” for construction of a Consolidated Helo/TRF Ops/AMU and Alert Facility, as specified in the funding table in section 4601 of such Act (132 Stat. 2405).
Royal Air Force Lakenheath, United Kingdom.— In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, for the construction of an F–35A Dormitory, as specified in the funding table in section 4601 of such Act (132 Stat. 2405), the Secretary of the Air Force may construct a 5,900-square meter dormitory.
TITLE 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:
| State | Installation or Location | Amount |
|---|---|---|
| California | Beale Air Force Base | $33,700,000 |
| Camp Pendleton | $17,700,000 | |
| Florida | Eglin Air Force Base | $16,500,000 |
| Hurlburt Field | $108,386,000 | |
| Naval Air Station Key West | $16,000,000 | |
| Guam | Joint Region Marianas | $19,200,000 |
| Hawaii | Joint Base Pearl Harbor-Hickam | $67,700,000 |
| Maryland | Fort Detrick | $27,846,000 |
| Mississippi | Columbus Air Force Base | $16,800,000 |
| North Carolina | Camp Lejeune | $13,400,000 |
| Fort Bragg | $84,103,000 | |
| Oklahoma | Tulsa International Airport | $18,900,000 |
| Rhode Island | Quonset State Airport | $11,600,000 |
| South Carolina | Joint Base Charleston | $33,300,000 |
| South Dakota | Ellsworth Air Force Base | $24,800,000 |
| Virginia | Defense Distribution Depot Richmond | $98,800,000 |
| Joint Expeditionary Base Little Creek - Fort Story | $45,604,000 | |
| Pentagon | $28,802,000 | |
| Training Center Dam Neck | $12,770,000 | |
| Washington | Joint Base Lewis-McChord | $47,700,000 |
| Wisconsin | General Mitchell International Airport | $25,900,000 |
| CONUS Classified | Classified Location | $82,200,000 |
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:
| Country | Installation or Location | Amount |
|---|---|---|
| Germany | Geilenkirchen Air Base | $30,479,000 |
| Germany | Ramstein | $66,800,000 |
| Japan | Yokota Air Base | $136,411,000 |
| Worldwide Classified | Classified Location | $52,000,000 |
SEC. 2402. Authorized Energy Resilience and Conservation Investment Program Projects.
Inside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| California | Mountain View | $9,700,000 |
| Naval Air Weapons Station China Lake | $8,950,000 | |
| Naval Support Activity Monterey | $10,540,000 | |
| Hawaii | Joint Base Pearl Harbor-Hickam | $4,000,000 |
| Maryland | Naval Support Activity Bethesda | $13,840,000 |
| South Potomac | $18,460,000 | |
| New Mexico | White Sands Missile Range | $5,800,000 |
| Texas | Camp Swift | $4,500,000 |
| Fort Hood | $16,500,000 | |
| Virginia | National Reconnaissance Office Headquarters | $66,000 |
| Washington | Naval Base Kitsap | $23,670,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Guam | Naval Base Guam | $16,970,000 |
| Unspecified Worldwide | Unspecified Worldwide Locations | $150,000,000 |
SEC. 2403. Authorization of Appropriations, Defense Agencies.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
TITLE XXV International Programs
Subtitle A North Atlantic Treaty Organization Security Investment Program
SEC. 2501. Authorized Nato Construction and Land Acquisition Projects.
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
SEC. 2502. Authorization of Appropriations, Nato.
Authorization.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.
Authority to Recognize NATO Authorization Amounts as Budgetary Resources for Project Execution.— When the United States is designated as the Host Nation for the purposes of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project.
Subtitle 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:
| Component | Installation or Location | Project | Amount |
|---|---|---|---|
| Army | Camp Carroll | Army Prepositioned Stock-4 Wheeled Vehicle Maintenance Facility | $51,000,000 |
| Army | Camp Humphreys | Unaccompanied Enlisted Personnel Housing, P1 | $154,000,000 |
| Army | Camp Humphreys | Unaccompanied Enlisted Personnel Housing, P2 | $211,000,000 |
| Army | Camp Humphreys | Satellite Communications Facility | $32,000,000 |
| Air Force | Gwangju Air Base | Hydrant Fuel System | $35,000,000 |
| Air Force | Kunsan Air Base | Upgrade Electrical Distribution System | $14,200,000 |
| Air Force | Kunsan Air Base | Dining Facility | $21,000,000 |
| Air Force | Suwon Air Base | Hydrant Fuel System | $24,000,000 |
TITLE 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:
| State | Location | Amount |
|---|---|---|
| Alabama | Anniston Army Depot | $34,000,000 |
| Foley | $12,000,000 | |
| California | Camp Roberts | $12,000,000 |
| Idaho | Orchard Training Area | $29,000,000 |
| Maryland | Havre de Grace | $12,000,000 |
| Massachusetts | Camp Edwards | $9,700,000 |
| Minnesota | New Ulm | $11,200,000 |
| Mississippi | Camp Shelby | $8,100,000 |
| Missouri | Springfield | $12,000,000 |
| Nebraska | Bellevue | $29,000,000 |
| New Hampshire | Concord | $5,950,000 |
| New York | Jamaica Armory | $91,000,000 |
| Pennsylvania | Moon Township | $23,000,000 |
| Vermont | Jericho | $30,000,000 |
| Washington | Richland | $11,400,000 |
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:
| State | Location | Amount |
|---|---|---|
| Delaware | Newark Army Reserve Center | $21,000,000 |
| Wisconsin | Fort McCoy | $25,000,000 |
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 the military construction project for the Navy Reserve and Marine Corps Reserve location inside the United States, and in the amount, set forth in the following table:
| State | Location | Amount |
|---|---|---|
| Louisiana | New Orleans | $25,260,000 |
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:
| State | Location | Amount |
|---|---|---|
| California | Moffett Air National Guard Base | $57,000,000 |
| Georgia | Savannah/Hilton Head International Airport | $24,000,000 |
| Missouri | Rosecrans Memorial Airport | $9,500,000 |
| Puerto Rico | Luis Munoz-Marin International Airport | $50,000,000 |
| Wisconsin | Truax Field | $34,000,000 |
SEC. 2605. Authorized Air Force Reserve Construction and Land Acquisition Projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
|---|---|---|
| Georgia | Robins Air Force Base | $43,000,000 |
| Maryland | Joint Base Andrews | $15,000,000 |
| Minnesota | Minneapolis-St. Paul International Airport | $9,800,000 |
SEC. 2606. Authorization of Appropriations, National Guard and Reserve.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
TITLE 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, 2019, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.
SEC. 2702. Prohibition on Conducting Additional Base Realignment and Closure (brac) Round.
Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.
TITLE XXVIII Military Construction General Provisions
Subtitle A Military Construction Program
SEC. 2801. Military Installation Resilience Plans and Projects.
Inclusion of Military Installation Resilience Information in Certain Installation Master Plans.—
in subsection (a)(1), by inserting “ military installation resilience,” after “ master planning,”;
by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and
by inserting after subsection (b) the following new subsection:
“(c) Military Installation Resilience Component.—To address military installation resilience under subsection (a)(1), each installation master plan shall discuss the following:
“(1) Risks and threats to military installation resilience that exist at the time of the development of the plan and that are projected for the future, including from extreme weather events, mean sea level fluctuation, wildfires, flooding, and other changes in environmental conditions.
“(2) Assets or infrastructure located on the military installation vulnerable to the risks and threats described in paragraph (1), with a special emphasis on assets or infrastructure critical to the mission of the installation and the mission of members of the armed forces.
“(3) Lessons learned from the impacts of extreme weather events, including changes made to the military installation to address such impacts, since the prior master plan developed under this section.
“(4) Ongoing or planned infrastructure projects or other measures, as of the time of the development of the plan, to mitigate the impacts of the risks and threats described in paragraph (1).
“(5) Community infrastructure and resources located outside the installation (such as medical facilities, transportation systems, and energy infrastructure) that are—
“(A) necessary to maintain mission capability or that impact the resilience of the military installation; and
“(B) vulnerable to the risks and threats described in paragraph (1).
“(6) Agreements in effect or planned, as of the time of the development of the plan, with public or private entities for the purpose of maintaining or enhancing military installation resilience or resilience of the community infrastructure and resources described in paragraph (5).
“(7) Projections from recognized governmental and scientific entities such as the Census Bureau, the National Academies of Sciences, the United States Geological Survey, and the United States Global Change Research Office (or any similar successor entities) with respect to future risks and threats (including the risks and threats described in paragraph (1)) to the resilience of any project considered in the installation master plan during the 50-year lifespan of the installation.”
Report on master plans.— Section 2864 of title 10, United States Code, is amended by inserting after subsection (c), as added by subsection (a), the following new subsection:
“(d) Report.—Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report listing all master plans completed pursuant to this section in the prior calendar year.”
Authority to Carry Out Military Installation Resilience Projects.—
In general.— Subchapter I of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 2815. Military installation resilience projects
“(a) Projects Required.—The Secretary of Defense shall carry out military construction projects for military installation resilience, in accordance with section 2802 of this title.
“(b) Congressional Notification.—
(1) When a decision is made to carry out a project under this section, the Secretary of Defense shall notify the congressional defense committees of that decision.
“(2) The Secretary of Defense shall include in each notification submitted under paragraph (1) the rationale for how the project would—
“(A) enhance military installation resilience;
“(B) enhance mission assurance;
“(C) support mission critical functions; and
“(D) address known vulnerabilities.
“(c) Timing of Projects.—A project may be carried out under this section only after the end of the 14-day period beginning on the date that notification with respect to that project under subsection (b) is received by the congressional defense committees in an electronic medium pursuant to section 480 of this title.
“(d) Annual Report.—Not later than 90 days after the end of each fiscal year until December 31, 2025, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the planned and active projects carried out under this section (including completed projects), and shall include in the report with respect to each such project the following information:
“(1) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate.
“(2) The information provided under subsection (b)(2).
“(3) Such other information as the Secretary considers appropriate.”
Clerical amendment.— The table of sections at the beginning of chapter 169 of such title is amended by inserting after the item relating to section 2814 the following new item:
“2815. Military installation resilience projects.”.
SEC. 2802. Improved Consultation with Tribal Governments When Proposed Military Construction Projects Potentially Impact Indian Tribes.
Section 2802 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(f)
(1) In addition to any other applicable consultation requirement pursuant to law or Department of Defense policy, if a proposed military construction project is likely to significantly impact tribal lands, known sacred sites, or tribal treaty rights, the Secretary concerned shall initiate consultation with the tribal government of each impacted Indian tribe—
“(A) to determine the nature and extent of such impact;
“(B) to determine whether such impact can be avoided or mitigated in the design and implementation of the project; and
“(C) if such impact cannot be avoided, to develop feasible measures consistent with applicable law to mitigate the impact and estimate the cost of the mitigation measures.
“(2) As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by paragraph (1), the Secretary concerned, to the extent possible at the time of such submission, shall include a description of the current status of the consultation conducted under such paragraph and specifically address each of the items specified in subparagraphs (A), (B), and (C) of such paragraph.
“(3) The requirement under paragraph (1) does not affect the obligation of the Secretary concerned to comply with any other applicable consultation requirement pursuant to law or Department of Defense policy.
“(4) In this subsection:
“(A) The term ‘Indian tribe’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(B) The term ‘tribal government’ means the recognized governing body of an Indian tribe.
“(C) The term ‘sacred site’ has the meaning given that term in Executive Order No. 13007, as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.”
SEC. 2803. Increased Authority for Use of Certain Appropriations Amounts for Restoration or Replacement of Damaged or Destroyed Facilities.
Section 2854(c)(3) of title 10, United States Code, is amended by striking “ $50,000,000” and inserting “ $100,000,000”.
SEC. 2804. Amendment of Unified Facilities Criteria to Promote Military Installation Resilience, Energy Resilience, Energy and Climate Resiliency, and Cyber Resilience.
Amendment Required.—
In general.— Not later than September 1, 2020, the Secretary of Defense shall amend the Unified Facility Criteria relating to military construction planning and design, to ensure that building practices and standards of the Department of Defense promote military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience.
Considerations and consultation.— In preparing amendments pursuant to paragraph (1), the Secretary of Defense—
shall take into account historical data, current conditions, and sea level rise projections; and
may consult with the heads of other Federal departments and agencies with expertise regarding military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience.
Conditional Availability of Funds.— Not more than 25 percent of the funds authorized to be appropriated for fiscal year 2020 for Department of Defense planning and design accounts relating to military construction projects may be obligated until the date on which the Secretary of Defense submits to the Committees on Armed Services of the House of Representatives and the Senate a certification that the Secretary—
has initiated the amendment process required by subsection (a)(1); and
intends to complete such process by September 1, 2020.
Update of Unified Facilities Criteria to Include Changing Environmental Condition Projections.— Section 2805(c) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2864 note) is amended—
by striking “ Not later than” and inserting the following:
“(1) Fiscal year 2019.—Not later than”
in paragraph (1), as designated by paragraph (1), by striking “ United Facilities Criteria (UFC) 2-100-01 and UFC 2-100-02” and inserting “ Unified Facilities Criteria (UFC) 1-200-01 and UFC 1-200-02”; and
by adding at the end the following new paragraph:
“(2) Fiscal year 2020.—
“(A) Amendments required.—Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary of Defense shall amend the Unified Facilities Criteria as follows:
“(i) To require that installations of the Department of Defense assess the risks from extreme weather and related effects, and develop plans to address such risks.
“(ii) To require in the development of such Criteria the use of—
“(I) land use change projections through the use of land use and land cover modeling by the United States Geological Survey; and
“(II) weather projections—
“(aa) from the United States Global Change Research Program, including in the National Climate Assessment; or
“(bb) from the National Oceanic and Atmospheric Administration, if such projections are more up-to-date than projections under item (aa).
“(iii) To require the Secretary of Defense to provide guidance to project designers and master planners on how to use weather projections.
“(iv) To require the use throughout the Department of the Naval Facilities Engineering Command Climate Change Installation Adaptation and Resilience planning handbook, as amended (or similar publication of the Army Corps of Engineers).
“(B) Notification.—If the Secretary of Defense determines that a projection other than a projection described in subparagraph (A)(ii) is more appropriate for use in amending the Unified Facilities Criteria, the Secretary shall notify the congressional defense committees of such determination, which shall include the rationale underlying such determination and a description of such other projection.”
Implementation of Unified Facilities Criteria Amendments.—
Implementation.— Any Department of Defense Form 1391 submitted to Congress after September 1, 2020 shall comply with the Unified Facility Criteria, as amended pursuant to this section.
Certification.— Not later than March 1, 2021, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate the completion and full incorporation into military construction planning and design—
amendments made pursuant to subsection (a); and
amendments made pursuant to section 2805(c) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2864 note), as amended by subsection (c).
Annual Review.— Beginning with fiscal year 2022, and annually thereafter, the Secretary of Defense shall conduct a review comparing the Unified Facility Criteria and industry best practices, for the purpose of ensuring that military construction building practices and standards of the Department of Defense relating to military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience remain up-to-date.
Definitions.— In this section:
The terms “energy resilience” and “military installation resilience” have the meanings given those terms in section 101(e) of title 10, United States Code.
The term “energy and climate resiliency” has the meaning given that term in section 2864 of title 10, United States Code.
SEC. 2805. Modification to Department of Defense Form 1391 Regarding Consideration of Potential Long-Term Adverse Environmental Effects.
Modification.—
Certification requirement.— The Secretary of Defense shall modify Department of Defense Form 1391 to require, with respect to any proposed major or minor military construction project requiring congressional notification or approval, the inclusion of a certification by the Secretary of Defense or the Secretary of the military department concerned that the proposed military construction project takes into consideration—
the potential adverse consequences of long-term changes in environmental conditions, such as increasingly frequent extreme weather events, that could affect the military installation resilience of the installation for which the military construction project is proposed; and
building requirements in effect for the locality in which the military construction project is proposed and industry best practices that are developed to withstand extreme weather events and other consequences of changes in environmental conditions.
Elements of certification.— As part of the certification required by paragraph (1) for a proposed military construction project, the Secretary concerned shall identify the potential changes in environmental conditions, such as increasingly frequent extreme weather events, considered and addressed under subparagraphs (A) and (B) of paragraph (1).
Relation to Recent Modification Requirement.— The modification of Department of Defense Form 1391 required by subsection (a) is in addition to, and expands upon, the modification of Department of Defense Form 1391 with respect to flood risk disclosure for military construction required by section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note).
Military Installation Resilience Defined.— In this section, the term “military installation resilience” has the meaning given that term in section 101(e)(8) of title 10, United States Code.
SEC. 2806. Improved Flood Risk Disclosure for Military Construction.
When Disclosure Required.— Section 2805(a)(1) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended—
in subparagraph (A), by inserting after “ hazard data” the following: “ , or will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project”; and
in subparagraph (B), by inserting after “ floodplain” the following: “ or will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project”.
Reporting Requirements.— Section 2805(a)(3) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended—
in the matter preceding the subparagraphs, by inserting after “ floodplain” the following: “ or are to be impacted by projected current and future mean sea level fluctuations over the lifetime of the project”; and
by adding at the end the following new subparagraph:
“(D) A description of how the proposed project has taken into account projected current and future mean sea level fluctuations over the lifetime of the project.”
Mitigation Plan Assumptions.— Section 2805(a)(4) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended—
in the matter preceding the subparagraphs—
by inserting after “ floodplain” the following: “ or that will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project”; and
by striking “ an additional”;
in subparagraph (A)—
by inserting “ an additional” before “ 2 feet”; and
by striking “ and” at the end of the subparagraph;
in subparagraph (B)—
by inserting “ an additional” before “ 3 feet”; and
by striking the period at the end of the subparagraph and inserting “ ; and”; and
by adding at the end the following new subparagraph:
“(C) any additional flooding that will result from projected current and future mean sea level fluctuations over the lifetime of the project.”
SEC. 2807. Prioritization of Projects in Annual Report on Unfunded Requirements for Laboratory Military Construction Projects.
Section 2806 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 222a note) is amended—
by striking “ Assistant Secretary of Defense for Energy, Installations, and Environment” and inserting “ Under Secretary of Defense for Acquisition and Sustainment”;
by striking “ reporting” and inserting “ report”; and
by inserting “ in prioritized order, with specific accounts and program elements identified,” after “ evaluation facilities,”.
SEC. 2808. Technical Corrections and Improvements to Defense Access Road Resilience.
Section 210 of title 23, United States Code, is amended—
in subsection (a), by striking “ (a)(1) The Secretary” and all that follows through the end of paragraph (1) and inserting the following:
“(a) Authorization.—
“(1) In general.—When defense access roads are certified to the Secretary as important to the national defense by the Secretary of Defense or such other official as the President may designate, the Secretary is authorized, out of the funds appropriated for defense access roads, to provide for—
“(A) the construction and maintenance of defense access roads (including bridges, tubes, tunnels, and culverts or other hydraulic appurtenances on those roads) to—
“(i) military reservations;
“(ii) defense industry sites;
“(iii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or
“(iv) sources of raw materials;
“(B) the reconstruction or enhancement of, or improvements to, those roads to ensure the continued effective use of the roads, regardless of current or projected increases in mean tides, recurrent flooding, or other weather-related conditions or natural disasters; and
“(C) replacing existing highways and highway connections that are shut off from general public use by necessary closures, closures due to mean sea level fluctuation and flooding, or restrictions at—
“(i) military reservations;
“(ii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or
“(iii) defense industry sites.”
in subsection (b), by striking “ the construction and maintenance of” and inserting “ construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, or enhancements to,”;
in subsection (c)—
by striking “ him” and inserting “ the Secretary”;
by striking “ construction, maintenance, and repair work” and inserting “ activities for construction, maintenance, reconstruction, enhancement, improvement, and repair”;
by striking “ therein” and inserting “ in those areas”; and
by striking “ condition for such training purposes and for repairing the damage caused to such highways by the operations of men and equipment in such training.” and inserting the following:
“(1) that training; and
“(2) repairing the damage to those highways caused by—
“(A) weather-related events, increases in mean high tide levels, recurrent flooding, or natural disasters; or
“(B) the operations of men and equipment in such training.”
in subsection (g)—
by striking “ he” and inserting “ the Secretary”;
by striking “ construction which has been” and inserting “ construction and other activities”; and
by striking “ upon his demand” and inserting “ upon demand by the Secretary”; and
by striking subsection (i) and inserting the following:
“(i) Repair of Certain Damages and Infrastructure.—The funds appropriated to carry out this section may be used to pay the cost of repairing damage caused, or any infrastructure to mitigate a risk posed, to a defense access road by recurrent or projected recurrent flooding, sea level fluctuation, a natural disaster, or any other current or projected change in applicable environmental conditions, if the Secretary determines that continued access to a military installation, defense industry site, air or sea port necessary for or planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies, or to a source of raw materials, has been or is projected to be impacted by those events or conditions.”
SEC. 2809. Military Construction Projects for Child Development Centers at Military Installations.
Authorization of Additional Projects.— In addition to any other military construction projects authorized under this Act, the Secretary of the military department concerned may carry out military construction projects for child development centers at military installations, as specified in the funding table in section 4601.
Requiring Report as Condition of Authorization.—
Report.— Not later than 90 days after the date of the enactment of this Act, the Secretary concerned shall submit to the congressional defense committees a report that describes the location, title, and cost, together with a Department of Defense Form 1391, for each project the Secretary concerned proposes to carry out under this section.
Timing of availability of funds.— No funds may be obligated or expended for a project under this section—
unless the project is included in the report submitted under paragraph (1); and
until the expiration of the 30-day period beginning on the date on which the Secretary concerned submits the report under paragraph (1).
Expiration of Authorization.— Section 2002 shall apply with respect to the authorization of a military construction project under this section in the same manner as such section applies to the authorization of a project contained in titles XXI through XXX.
SEC. 2810. Prohibition on Use of Funds to Reduce Air Base Resiliency or Demolish Protected Aircraft Shelters in the European Theater Without Creating a Similar Protection from Attack.
No funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be obligated or expended to implement any activity that reduces air base resiliency or demolishes protected aircraft shelters in the European theater, and the Department may not otherwise implement any such activity, without creating a similar protection from attack in the European theater until such time as the Secretary of Defense certifies to the congressional defense committees that protected aircraft shelters are not required in the European theater.
SEC. 2811. Prohibition on Use of Funds to Close or Return Certain Bases to the Host Nation.
No funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be obligated or expended to implement any activity that closes or returns to the host nation any existing base under the European Consolidation Initiative, and the Department shall not implement any such activity in fiscal year 2020, until the Secretary of Defense certifies that there is no longer a need for a rotational military presence in the European theater.
Subtitle B Real Property and Facilities Administration
SEC. 2821. Improved Energy Security for Main Operating Bases in Europe.
Prohibition on Use of Certain Energy Source.— The Secretary of Defense shall ensure that each contract for the acquisition of furnished energy for a covered military installation in Europe does not use any energy sourced from inside the Russian Federation as a means of generating the furnished energy for the covered military installation.
Waiver for National Security Interests.—
Waiver authority; certification.— The Secretary of Defense may waive application of subsection (a) to a specific contract for the acquisition of furnished energy for a covered military installation if the Secretary certifies to the congressional defense committees that—
the waiver of such subsection is necessary to ensure an adequate supply of furnished energy for the covered military installation; and
the Secretary has balanced these national security requirements against the potential risk associated with reliance upon the Russian Federation for furnished energy.
Submission of waiver notice.— Not later than 14 days before the execution of any energy contract for which a waiver is granted under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees notice of the waiver. The waiver notice shall include the following:
The rationale for the waiver, including the basis for the certifications required by subparagraphs (A) and (B) of paragraph (1).
An assessment of how the waiver may impact the European energy resiliency strategy.
An explanation of the measures the Department of Defense is taking to mitigate the risk of using Russian Federation furnished energy.
Definitions.— In this section:
The term “covered military installation” means a military installation in Europe identified by the Department of Defense as a main operating base.
The term “furnished energy” means energy furnished to a covered military installation in any form and for any purpose, including heating, cooling, and electricity.
Conforming Repeal.— Section 2811 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2266) is repealed.
SEC. 2822. Access to Department of Defense Installations for Credentialed Transportation Workers.
Section 1050(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is amended to read as follows:
“(a) Access to Installations for Credentialed Transportation Workers.—The Secretary of Defense, to the extent practicable, shall ensure that the Transportation Worker Identification Credential is accepted as a valid credential for unescorted access to Department of Defense installations by transportation workers.”
SEC. 2823. Improved Recording and Maintaining of Department of Defense Real Property Data.
Initial Report.— Not later than 150 days after the date of the enactment of this Act, the Undersecretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report that evaluates service-level best practices for recording and maintaining real property data.
Issuance of Guidance.— Not later than 300 days after the date of the enactment of this Act, the Undersecretary of Defense for Acquisition and Sustainment shall issue service-wide guidance on the recording and collection of real property data based on the best practices described in the report.
Subtitle C Land Conveyances
SEC. 2831. Land Conveyance, Hill Air Force Base, Ogden, Utah.
Conveyance Required.— The Secretary of the Air Force may convey, for no monetary consideration, to the State of Utah or a designee of the State of Utah (in this section referred to as the “State”) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 35 acres located at Hill Air Force Base commonly known as the “Defense Nontactical Generator and Rail Center” and such real property adjacent to the Center as the parties consider to be appropriate, for the purpose of permitting the State to construct a new interchange for Interstate 15.
Condition Precedent.— The conveyance authorized by subsection (a) shall be contingent upon the relocation of the Defense Nontactical Generator and Rail Center.
Termination and Reentry.— If the State does not meet the conditions required under subsection (d) by the date that is five years after the date of the conveyance authorized by subsection (a), or such later date as the Secretary of the Air Force and the State may agree is reasonably necessary due to unexpected circumstances, the Secretary of the Air Force may terminate such conveyance and reenter the property.
Consideration and Conditions of Conveyance.— In consideration of and as a condition to the conveyance authorized by subsection (a), the State shall agree to the following:
Not later than two years after the conveyance, the State shall, at no cost to the United States Government—
demolish all improvements and associated infrastructure existing on the property; and
conduct environmental cleanup and remediation of the property, as required by law and approved by the Utah Department of Environmental Quality, for the planned redevelopment and use of the property.
Not later than three years after the completion of the cleanup and remediation under paragraph (1)(B), the State, at no cost to the United States Government, shall construct on Hill Air Force Base a new gate for vehicular and pedestrian traffic in and out of Hill Air Force Base in compliance with all applicable construction and security requirements and such other requirements as the Secretary of the Air Force may consider necessary.
That the State shall coordinate the demolition, cleanup, remediation, design, redevelopment, and construction activities performed pursuant to the conveyance under subsection (a) with the Secretary of the Air Force, the Utah Department of Transportation, and the Utah Department of Environmental Quality.
Environmental Obligations.— The State shall not have any obligation with respect to cleanup and remediation of an environmental condition on the property to be conveyed under subsection (a) unless the condition was in existence and known before the date of the conveyance or the State exacerbates the condition which then requires further remediation.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Air Force shall require the State to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the State in advance of the Secretary incurring actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the State.
Treatment of amounts received.— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance under subsection (a) or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Description of Property.— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force and the State.
Savings Provision.— Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 2832. Release of Interests Retained in Camp Joseph T. Robinson, Arkansas, for Use of Such Land as a Veterans Cemetery.
Release of Retained Interests.—
In general.— With respect to a parcel of land at Camp Joseph T. Robinson, Arkansas, consisting of approximately 141.52 acres that lies in a part of section 35, township 3 north, range 12 west, Pulaski County, Arkansas, and comprising a portion of the property conveyed by the United States to the State of Arkansas for training of the National Guard and for other military purposes pursuant to “An Act authorizing the transfer of part of Camp Joseph T. Robinson to the State of Arkansas”, approved June 30, 1950 (64 Stat. 311, chapter 429), the Secretary of the Army may release the terms and conditions imposed, and reversionary interests retained, by the United States under section 2 of such Act, and the right to reenter and use the property retained by the United States under section 3 of such Act.
Impact on other rights or interests.— The release of terms and conditions and retained interests under paragraph (1) with respect to the parcel described in such paragraph shall not be construed to alter the rights or interests retained by the United States with respect to the remainder of the real property conveyed to the State of Arkansas under the Act described in such paragraph.
Instrument of Release and Description of Property.—
In general.— The Secretary of the Army may execute and file in the appropriate office a deed of release, amended deed, or other appropriate instrument reflecting the release of terms and conditions and retained interests under subsection (a).
Legal description.— The exact acreage and legal description of the property described in subsection (a) shall be determined by a survey satisfactory to the Secretary of the Army.
Conditions on Release and Reversionary Interest.—
Expansion of veterans cemetery and reversionary interest.—
Expansion of veterans cemetery.— The State of Arkansas may use the parcel of land described in subsection (a)(1) only for the expansion of the Arkansas State Veterans Cemetery.
Reversionary interest.— If the Secretary of the Army determines at any time that the parcel of land described in subsection (a)(1) is not being used in accordance with the purpose specified in subparagraph (A), all right, title, and interest in and to the land, including any improvements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such parcel.
Additional terms and conditions.— The Secretary of the Army may require in the instrument of release such additional terms and conditions in connection with the release of terms and conditions and retained interests under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Payment of Administrative Costs.—
Payment required.—
In general.— The Secretary of the Army may require the State of Arkansas to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the release of terms and conditions and retained interests under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the release.
Refund of amounts.— If amounts paid to the Secretary by the State of Arkansas in advance under subparagraph (A) exceed the costs actually incurred by the Secretary to carry out the release, the Secretary shall refund the excess amount to the State.
Treatment of amounts received.— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the release of terms and conditions and retained interests under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the release. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
SEC. 2833. Modification of Authorized Uses of Certain Property Conveyed by the United States in Los Angeles, California.
In General.— Section 2 of Public Law 85–236 (71 Stat. 517) is amended in the first sentence by inserting after “ for other military purposes” the following: “ and for purposes of meeting the needs of the homeless (as that term is defined in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302))”.
Modification of Use.—
Application.— The State of California shall submit to the Administrator of General Services an application for use of the property conveyed by section 2 of Public Law 85–236 for purposes of meeting the needs of the homeless in accordance with the amendment made by subsection (a).
Review of application.— Not later than 60 days after the date of receipt of an application pursuant to paragraph (1), the Administrator and the Secretary of Health and Human Services shall jointly determine whether the use of the property described in the application is a use for purposes of meeting the needs of the homeless.
Compatibility with military purposes.— Before executing any instrument of modification of the deed of conveyance, the Administrator and the Secretary shall request a review by the Chief of the National Guard Bureau, in consultation with the Secretary of the Army, to ensure that any modification of the use of the property described in the application is compatible with the current and anticipated future use of the property for training members of the National Guard and other military purposes.
Modification of instrument of conveyance.— If the Chief of the National Guard Bureau determines pursuant to the review under paragraph (3) that the modification of the use of the property described in the application is compatible with the use of the property for training members of the National Guard and other military purposes, the Administrator shall execute and record in the appropriate office an instrument of modification of the deed of conveyance executed pursuant to Public Law 85–236 in order to authorize such use of the property described in the application. The instrument shall be filed within 60 days of such determination and include such additional terms and conditions as the Administrator considers appropriate to protect the interests of the United States.
SEC. 2834. Transfer of Administrative Jurisdiction Over Certain Parcels of Federal Land in Arlington, Virginia.
Transfer to the Secretary of the Army.—
Transfer.— Administrative jurisdiction over the parcel of Federal land described in paragraph (2) is transferred from the Secretary of the Interior to the Secretary of the Army.
Description of land.— The parcel of Federal land referred to in paragraph (1) is the approximately 16.09-acre parcel of land in Arlington, Virginia, as depicted on the map entitled “Arlington National Cemetery, Memorial Ave–NPS Parcel” and dated February 11, 2019.
Transfer to the Secretary of the Interior.—
Transfer.— Administrative jurisdiction over the parcel of Federal land described in paragraph (2) is transferred from the Secretary of the Army to the Secretary of the Interior.
Description of land.— The parcel of Federal land referred to in paragraph (1) is the approximately 1.04-acre parcel of land in Arlington, Virginia, as depicted on the map entitled “Arlington National Cemetery–Chaffee NPS Land Swap” and dated October 31, 2018.
Land Surveys.— The exact acreage and legal description of a parcel of Federal land described in subsection (a)(2) or (b)(2) shall be determined by a survey satisfactory to the Secretary of the Army and the Secretary of the Interior.
Authority to Correct Errors.— The Secretary of the Army and the Secretary of the Interior may correct any clerical or typographical error in a map described in subsection (a)(2) or (b)(2).
Terms and Conditions.—
No reimbursement or consideration.— A transfer by subsection (a)(1) or (b)(1) shall be without reimbursement or consideration.
Continued recreational access.— The use of a bicycle trail or recreational access within a parcel of Federal land described in subsection (a)(2) or (b)(2) in which the use or access is authorized before the date of the enactment of this Act shall be allowed to continue after the transfer of the applicable parcel of Federal land by subsection (a)(1) or (b)(1).
Management of parcel transferred to secretary of the army.—
In general.— The parcel of Federal land transferred to the Secretary of the Army by subsection (a)(1) shall be administered by the Secretary of the Army—
as part of Arlington National Cemetery; and
in accordance with applicable law, including—
regulations; and
Memorandum of understanding on operation of maintenance of memorial.—
In general.— The Secretary of the Army shall seek to enter into a memorandum of understanding with the Women in Military Service for America Memorial Foundation, Inc., to define roles and responsibilities for the shared responsibility and resources for operation and maintenance of the Women in Military Service for America Memorial and the surrounding grounds.
Allocation of amounts.— The Secretary of the Army may, pursuant to the memorandum of understanding described in clause (i), allocate amounts to the foundation described in that clause to support operation and maintenance of the memorial described in that clause.
Management of parcel transferred to secretary of the interior.— The parcel of Federal land transferred to the Secretary of the Interior by subsection (b)(1) shall be—
included within the boundary of Arlington House, The Robert E. Lee Memorial; and
administered by the Secretary of the Interior—
as part of the memorial referred to in subparagraph (A); and
in accordance with applicable law (including regulations).
Subtitle D Military Land Withdrawals
SEC. 2841. Public Notice Regarding Upcoming Periods of Secretary of the Navy Management of Shared Use Area of the Johnson Valley Off-Highway Vehicle Recreation Area.
Public Notice Required.— Section 2942(b)(2) of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1036) is amended by adding at the end the following new subparagraph:
“(D) Public notice.—Not later than one year before the date on which a 30-day period of Secretary of the Navy management of the Shared Use Area commences, the Secretary of the Navy, acting through the Resource Management Group established pursuant to section 2944, shall notify the public of such date of commencement and the intention of the Armed Forces to use the Shared Use Area for military training purposes. The Secretary of the Navy, upon notice to the Secretary of the Interior, may waive such public notice in the event of an emergent military training requirement.”
Application of Amendment.— Subparagraph (D) of section 2942(b)(2) of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1036), as added by subsection (a), shall apply to periods of Secretary of the Navy management of the Shared Use Area of the Johnson Valley Off-Highway Vehicle Recreation Area under such section that commence on or after January 1, 2021.
Subtitle E White Sands National Park and White Sands Missile Range
SEC. 2851. White Sands Missile Range Land Enhancements.
Definitions.— In this section:
Map.— The term “Map” means the map entitled “White Sands National Park Proposed Boundary Revision & Transfer of Lands Between National Park Service & Department of the Army”, numbered 142/136,271, and dated February 14, 2017.
Military munitions.— The term “military munitions” has the meaning given the term in section 101(e) of title 10, United States Code.
Missile range.— The term “missile range” means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.
Monument.— The term “Monument” means the White Sands National Monument, New Mexico, established by Presidential Proclamation No. 2025 (54 U.S.C. 320301 note), dated January 18, 1933, and administered by the Secretary of the Interior.
Munitions debris.— The term “munitions debris” has the meaning given the term in volume 8 of the Department of Defense Manual Number 6055.09-M entitled “DoD Ammunitions and Explosives Safety Standards” and dated February 29, 2008 (as in effect on the date of the enactment of this Act).
Park.— The term “Park” means the White Sands National Park established by subsection (b)(1).
Public land order.— The term “Public Land Order” means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822).
State.— The term “State” means the State of New Mexico.
White Sands National Park.—
Establishment.— To protect, preserve, and restore its scenic, scientific, educational, natural, geological, historical, cultural, archaeological, paleontological, hydrological, fish, wildlife, and recreational values and to enhance visitor experiences, there is established in the State the White Sands National Park as a unit of the National Park System.
Abolishment of white sands national monument.—
Abolishment.— Due to the establishment of the Park, the Monument is abolished.
Incorporation.— The land and interests in land that comprise the Monument are incorporated in, and shall be considered to be part of, the Park.
References.— Any reference in a law, map, regulation, document, paper, or other record of the United States to the “White Sands National Monument” shall be considered to be a reference to the “White Sands National Park”.
Availability of funds.— Any funds available for the Monument shall be available for the Park.
Administration.— The Secretary of the Interior shall administer the Park in accordance with—
this subsection; and
the laws generally applicable to units of the National Park System, including section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, and 102101, and chapter 3201 of title 54, United States Code.
World heritage list nomination.—
County concurrence.— The Secretary of the Interior shall not submit a nomination for the Park to be included on the World Heritage List of the United Nations Educational, Scientific and Cultural Organization unless each county in which the Park is located concurs in the nomination.
Army notification.— Before submitting a nomination for the Park to be included on the World Heritage List of the United Nations Educational, Scientific and Cultural Organization, the Secretary of the Interior shall notify the Secretary of the Army of the intent of the Secretary of the Interior to nominate the Park.
Effect.— Nothing in this subsection affects—
valid existing rights (including water rights);
permits or contracts issued by the Monument;
existing agreements, including agreements with the Department of Defense;
the jurisdiction of the Department of Defense regarding the restricted airspace above the Park; or
the airshed classification of the Park under the Clean Air Act (42 U.S.C. 7401 et seq.).
Modification of Boundaries of White Sands National Park and White Sands Missile Range.—
Transfers of administrative jurisdiction.—
Transfer of administrative jurisdiction to the secretary of the interior.—
In general.— Administrative jurisdiction over the land described in clause (ii) is transferred from the Secretary of the Army to the Secretary of the Interior.
Description of land.— The land referred to in clause (i) is—
the approximately 2,826 acres of land identified as “To NPS, lands inside current boundary” on the Map; and
the approximately 5,766 acres of land identified as “To NPS, new additions” on the Map.
Transfer of administrative jurisdiction to the secretary of the army.—
In general.— Administrative jurisdiction over the land described in clause (ii) is transferred from the Secretary of the Interior to the Secretary of the Army.
Description of land.— The land referred to in clause (i) is the approximately 3,737 acres of land identified as “To DOA” on the Map.
Boundary modifications.—
Park.—
In general.— The boundary of the Park is revised to reflect the boundary depicted on the Map.
Map.—
In general.— The Secretary of the Interior, in coordination with the Secretary of the Army, shall prepare and keep on file for public inspection in the appropriate office of the Secretary of the Interior a map and a legal description of the revised boundary of the Park.
Effect.— The map and legal description under subclause (I) shall have the same force and effect as if included in this section, except that the Secretary of the Interior may correct clerical and typographical errors in the map and legal description.
Boundary survey.— As soon as practicable after the date of the establishment of the Park and subject to the availability of funds, the Secretary of the Interior shall complete an official boundary survey of the Park.
Missile range.—
In general.— The boundary of the missile range and the Public Land Order are modified to exclude the land transferred to the Secretary of the Interior under paragraph (1)(A) and to include the land transferred to the Secretary of the Army under paragraph (1)(B).
Map.— The Secretary of the Interior shall prepare a map and legal description depicting the revised boundary of the missile range.
Conforming amendment.— Section 2854 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 54 U.S.C. 320301 note) is repealed.
Administration.—
Park.— The Secretary of the Interior shall administer the land transferred under paragraph (1)(A) in accordance with laws (including regulations) applicable to the Park.
Missile range.— Subject to subparagraph (C), the Secretary of the Army shall administer the land transferred to the Secretary of the Army under paragraph (1)(B) as part of the missile range.
Infrastructure; resource management.—
Range road 7.—
Infrastructure management.— To the maximum extent practicable, in planning, constructing, and managing infrastructure on the land described in subclause (III), the Secretary of the Army shall apply low-impact development techniques and strategies to prevent impacts within the missile range and the Park from stormwater runoff from the land described in that subclause.
Resource management.— The Secretary of the Army shall—
manage the land described in subclause (III) in a manner consistent with the protection of natural and cultural resources within the missile range and the Park and in accordance with section 101(a)(1)(B) of the Sikes Act (16 U.S.C. 670a(a)(1)(B)), division A of subtitle III of title 54, United States Code, and the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
include the land described in subclause (III) in the integrated natural and cultural resource management plan for the missile range.
Description of land.— The land referred to in subclauses (I) and (II) is the land that is transferred to the administrative jurisdiction of the Secretary of the Army under paragraph (1)(B) and located in the area east of Range Road 7 in—
T. 17 S., R. 5 E., sec. 31;
T. 18 S., R. 5 E.; and
T. 19 S., R. 5 E., sec. 5.
Fence.—
In general.— The Secretary of the Army shall continue to allow the Secretary of the Interior to maintain the fence shown on the Map until such time as the Secretary of the Interior determines that the fence is unnecessary for the management of the Park.
Removal.— If the Secretary of the Interior determines that the fence is unnecessary for the management of the Park under subclause (I), the Secretary of the Interior shall promptly remove the fence at the expense of the Department of the Interior.
Research.— The Secretary of the Army and the Secretary of the Interior may enter into an agreement to allow the Secretary of the Interior to conduct certain research in the area identified as “Cooperative Use Research Area” on the Map.
Military munitions and munitions debris.—
Response action.— With respect to any Federal liability, the Secretary of the Army shall remain responsible for any response action addressing military munitions or munitions debris on the land transferred under paragraph (1)(A) to the same extent as on the day before the date of the enactment of this Act.
Investigation of military munitions and munitions debris.—
In general.— The Secretary of the Interior may request that the Secretary of the Army conduct 1 or more investigations of military munitions or munitions debris on any land transferred under paragraph (1)(A).
Access.— The Secretary of the Interior shall give access to the Secretary of the Army to the land covered by a request under subclause (I) for the purposes of conducting the 1 or more investigations under that subclause.
Limitation.— An investigation conducted under this clause shall be subject to available appropriations.
Applicable law.— Any activities undertaken under this subparagraph shall be carried out in accordance with—
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
the purposes for which the Park was established; and
any other applicable law.
Subtitle F Other Matters
SEC. 2861. Installation and Maintenance of Fire Extinguishers in Department of Defense Facilities.
The Secretary of Defense shall ensure that portable fire extinguishers are installed and maintained in all Department of Defense facilities, in accordance with requirements of national model fire codes developed by the National Fire Protection Association and the International Code Council that require redundancy and extinguishers throughout occupancies regardless of the presence of other suppression systems or alarm systems.
SEC. 2862. Definition of Community Infrastructure for Purposes of Military Base Reuse Studies and Community Planning Assistance.
Paragraph (4) of section 2391(e) of title 10, United States Code, is amended to read as follows:
“(4)
(A) The term ‘community infrastructure’ means a project or facility described in subparagraph (B) that—
“(i) is located off of a military installation; and
“(ii) is—
“(I) owned by a State or local government; or
“(II) a not-for-profit, member-owned utility service.
“(B) A project or facility described in this subparagraph is any of the following:
“(i) Any transportation project.
“(ii) A school, hospital, police, fire, emergency response, or other community support facility.
“(iii) A water, waste-water, telecommunications, electric, gas, or other utility infrastructure project.”
SEC. 2863. Temporary Authority for Acceptance and Use of Contributions for Certain Design and Construction Projects Mutually Beneficial to the Department of Defense and the Republic of Korea.
Acceptance of Contributions.—
In general.— The Secretary concerned may accept cash contributions from the Republic of Korea to carry out the following:
The design and construction of the Black Hat Intelligence Fusion Center, Camp Humphreys, Republic of Korea.
The design of the Korean Air and Space Operations and Intelligence Center, Osan Air Base, Republic of Korea.
Cost-sharing agreement.— In the event the contribution under paragraph (1) is insufficient to cover the entire cost of the activity authorized under that paragraph, the Secretary concerned shall enter into a cost-sharing agreement with the Republic of Korea detailing the portion of the authorized activity that is to be funded with the contribution and identifying sufficient other funds to undertake the entire authorized activity.
Establishment of Account.— Contributions accepted under subsection (a) shall be placed in an account established by the Secretary concerned and shall remain available until expended as provided in such subsection.
Notice.—
In general.— Not later than 14 days before carrying out a project using contributions accepted under subsection (a) for which the estimated cost of the project will exceed the thresholds prescribed by section 2805 of title 10, United States Code, the Secretary concerned shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives—
a written notice of the decision to carry out the project;
a justification for the project; and
the estimated cost of the project.
Notice for projects that require cost sharing.— Not later than 14 days before carrying out a project using contributions accepted under subsection (a) for which a cost-sharing agreement is entered into under paragraph (2) of such subsection, the Secretary concerned shall submit to the congressional defense committees in an electronic medium pursuant to section 480 of title 10, United States Code—
a written notice of the acceptance of the contributions for the project;
a copy of the Department of Defense Form 1391 for the project;
the estimated cost of the project; and
details on the cost-sharing agreement with the Republic of Korea.
Expiration of Project Authority.—
In general.— The authority to accept contributions and carry out projects under this section expires on September 30, 2030.
Continuation of projects.— The expiration of authority under paragraph (1) does not prevent the continuation of any project commenced before the date specified in that paragraph.
Mutually Beneficial.— A project described in subsection (a) shall be considered to be mutually beneficial if—
the project is in support of a bilateral defense cooperation agreement between the United States and the Republic of Korea; or
the Secretary concerned determines that the United States may derive a benefit from the project, including—
access to and use of facilities of the military forces of the Republic of Korea;
ability or capacity for future force posture; and
increased interoperability between military forces of the Department of Defense and the Republic of Korea.
Secretary Concerned Defined.— In this section, the term “Secretary concerned” has the meaning given that term in section 101(9) of title 10, United States Code.
SEC. 2864. Black Start Exercises at Military Installations.
Requirement.— Not later than September 30, 2020, the Secretary of Defense shall conduct a black start exercise at three military installations, at least one of which shall be a Joint Base. The exercises shall be conducted at installations at which such an exercise has not previously been conducted, for the purpose of identifying any shortcomings in infrastructure, joint operations, joint coordination, and security that would result from a loss of power at the installation.
Report.— Not later than June 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report that contains a discussion of lessons learned from black start exercises conducted by the Secretary of Defense during the period beginning with the first such exercise and ending on December 31, 2019, including the three most recurring issues identified as a result of such exercises with respect to infrastructure, joint coordination efforts, and security.
Black Start Exercise Defined.— In this section, the term “black start exercise” means, with respect to a military installation, an exercise in which commercial utility power at the installation is dropped before backup generation assets start, for the purpose of—
testing the ability of the backup systems to start, transfer the load, and carry the load until commercial power is restored;
aligning stakeholders on critical energy requirements to meet mission requirements;
validating mission operation plans, such as continuity of operations plans;
identifying infrastructure interdependencies; and
verifying backup electric power system performance.
SEC. 2865. Pilot Program to Extend Service Life of Roads and Runways under the Jurisdiction of the Secretary of Defense.
Pilot Program Authorized.— The Secretary of Defense, in consultation with the Secretary of Transportation, may carry out a pilot program to design, build, and test technologies, techniques, and materials in order to extend the service life of roads and runways under the jurisdiction of the Secretary of Defense.
Scope.— The pilot program under subsection (a) shall include the following:
The design, testing, and assembly of technologies and systems suitable for pavement applications.
Research, development, and testing of pavement materials for use in different geographic areas in the United States.
The design and procurement of platforms and equipment to test the performance, cost, feasibility, and effectiveness of the technologies, systems, and materials described in paragraphs (1) and (2).
Award of Contracts or Grants.—
In general.— The Secretary of Defense may carry out the pilot program under subsection (a) through the award of contracts or grants for the designing, building, or testing of technologies, techniques, and materials under the pilot program.
Merit-based selection.— Any award of a contract or grant under the pilot program under subsection (a) shall be made using merit-based selection procedures.
Report.—
In general.— Not later than two years after the commencement of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program.
Contents.— The report under paragraph (1) with respect to the pilot program shall include the following:
An assessment of the effectiveness of activities under the pilot program in improving the service life of roads and runways under the jurisdiction of the Secretary.
An analysis of the potential lifetime cost savings and reduction in energy demands associated with the extended service life of such roads and runways.
Termination of Authority.— The pilot program under subsection (a) shall terminate on September 30, 2024.
SEC. 2866. Restrictions on Rehabilitation of Over-The-Horizon Backscatter Radar System Receiving Station, Modoc County, California.
Restrictions.— Except as provided in subsection (b), the Secretary of the Air Force may not use any funds or resources of the Department of the Air Force to carry out the rehabilitation of the obsolete Over-the-Horizon Backscatter Radar System receiving station located in Modoc National Forest in the State of California.
Exception for Removal of Perimeter Fence.— Notwithstanding subsection (a), the Secretary of the Air Force may use funds and resources of the Department of the Air Force—
to remove the perimeter fence, which was treated with an arsenic-based weatherproof coating, surrounding the Over-the-Horizon Backscatter Radar System receiving station referred to in such subsection; and
to carry out the mitigation of soil contamination associated with such fence.
Sunset.— The restrictions in subsection (a) shall terminate on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025.
SEC. 2867. Designation of Sumpter Smith Joint National Guard Base.
Designation.— The Sumpter Smith Air National Guard Base in Birmingham, Alabama, shall after the date of the enactment of this Act be known and designated as the “Sumpter Smith Joint National Guard Base”.
Reference.— Any reference in any law, regulation, map, document, paper, or other record of the United States to the installation referred to in subsection (a) shall be considered to be a reference to the Sumpter Smith Joint National Guard Base.
SEC. 2868. Santa Ynez Band of Chumash Indians Land Affirmation.
Short Title.— This section may be cited as the “Santa Ynez Band of Chumash Indians Land Affirmation Act of 2019”.
Findings.— Congress finds the following:
On October 13, 2017, the General Council of the Santa Ynez Band of Chumash Indians voted to approve the Memorandum of Agreement between the County of Santa Barbara and the Santa Ynez Band of Chumash Indians regarding the approximately 1,427.28 acres of land, commonly known as Camp 4, and authorized the Tribal Chairman to sign the Memorandum of Agreement.
On October 31, 2017, the Board of Supervisors for the County of Santa Barbara approved the Memorandum of Agreement on Camp 4 and authorized the Chair to sign the Memorandum of Agreement.
The Secretary of the Interior approved the Memorandum of Agreement pursuant to section 2103 of the Revised Statutes (25 U.S.C. 81).
Land to Be Taken Into Trust.—
In general.— The approximately l,427.28 acres of land in Santa Barbara County, CA described in paragraph (3), is hereby taken into trust for the benefit of the Tribe, subject to valid existing rights, contracts, and management agreements related to easements and rights-of-way.
Administration.—
Administration.— The land described in paragraph (3) shall be a part of the Santa Ynez Indian Reservation and administered in accordance with the laws and regulations generally applicable to the land held in trust by the United States for an Indian tribe.
Effect.— For purposes of certain California State laws (including the California Land Conservation Act of 1965, Government Code Section 51200, et seq.), placing the land described in paragraph (3) into trust shall remove any restrictions on the property pursuant to California Government Code Section 51295 or any other provision of such Act.
Legal description of lands transferred.— The lands to be taken into trust for the benefit of the Tribe pursuant to this Act are described as follows:
Legal Land Description/Site Location: Real property in the unincorporated area of the County of Santa Barbara, State of California, described as follows: PARCEL 1: (APN: 141–121–51 AND PORTION OF APN 141–140–10) LOTS 9 THROUGH 18, INCLUSIVE, OF TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01–105580 OF OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141–140–10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01–105581 OF OFFICIAL RECORDS. PARCEL 3: (PORTIONS OF APNS: 141–230–23 AND 141–140–10) LOTS 19 AND 20 OF TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15 THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR’S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01–105582 OF OFFICIAL RECORDS. PARCEL 4: (APN: 141–240–02 AND PORTION OF APN: 141–140–10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01–105583 OF OFFICIAL RECORDS. PARCEL 5: (PORTION OF APN: 141–230–23) THAT PORTION OF LOTS 3 AND 6 OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR’S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01–105584 OF OFFICIAL RECORDS.
Rules of construction.— Nothing in this section shall—
enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act;
affect any water right of the Tribe in existence before the date of the enactment of this Act; or
terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act.
Restricted use of transferred lands.— The Tribe may not conduct, on the land described in paragraph (3) taken into trust for the Tribe pursuant to this section, gaming activities—
as a matter of claimed inherent authority; or
under any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act.
Definitions.— For the purposes of this subsection:
Secretary.— The term “Secretary” means the Secretary of the Interior.
Tribe.— The term “Tribe” means the Santa Ynez Band of Chumash Mission Indians.
SEC. 2869. Lands to Be Taken into Trust as Part of the Reservation of the Lytton Rancheria.
Findings.— Congress finds the following:
The Lytton Rancheria of California is a federally recognized Indian tribe that lost its homeland after its relationship to the United States was unjustly and unlawfully terminated in 1958. The Tribe was restored to Federal recognition in 1991, but the conditions of its restoration have prevented it from regaining a homeland on its original lands.
Congress needs to take action to reverse historic injustices that befell the Tribe and that have prevented it from regaining a viable homeland for its people.
Prior to European contact there were as many as 350,000 Indians living in what is now the State of California. By the turn of the 19th century, that number had been reduced to approximately 15,000 individuals, many of them homeless and living in scattered bands and communities.
The Lytton Rancheria’s original homeland was purchased by the United States in 1926 pursuant to congressional authority designed to remedy the unique tragedy that befell the Indians of California and provide them with reservations called Rancherias to be held in trust by the United States.
After the Lytton Rancheria lands were purchased by the United States, the Tribe settled on the land and sustained itself for several decades by farming and ranching.
By the mid-1950s, Federal Indian policy had shifted back towards a policy of terminating the Federal relationship with Indian tribes. In 1958, Congress enacted the Rancheria Act of 1958 (72 Stat. 619), which slated 41 Rancherias in California, including the Lytton Rancheria, for termination after certain conditions were met.
On August 1, 1961, the Federal Government terminated its relationship with the Lytton Rancheria. This termination was illegal because the conditions for termination under the Rancheria Act had never been met. After termination was implemented, the Tribe lost its lands and was left without any means of supporting itself.
In 1987, the Tribe joined three other tribes in a lawsuit against the United States challenging the illegal termination of their Rancherias. A Stipulated Judgment in the case, Scotts Valley Band of Pomo Indians of the Sugar Bowl Rancheria v. United States, No. C–86–3660 (N.D.Cal. March 22, 1991), restored the Lytton Rancheria to its status as a federally recognized Indian tribe.
The Stipulated Judgment provides that the Lytton Rancheria would have the “individual and collective status and rights” which it had prior to its termination and expressly contemplated the acquisition of trust lands for the Lytton Rancheria.
The Stipulated Judgment contains provisions, included at the request of the local county governments and neighboring landowners, that prohibit the Lytton Rancheria from exercising its full Federal rights on its original homeland in the Alexander Valley.
In 2000, approximately 9.5 acres of land in San Pablo, California, was placed in trust status for the Lytton Rancheria for economic development purposes.
The Tribe has since acquired, from willing sellers at fair market value, property in Sonoma County near the Tribe’s historic Rancheria. This property, which the Tribe holds in fee status, is suitable for a new homeland for the Tribe.
On a portion of the land to be taken into trust, which portion totals approximately 124.12 acres, the Tribe plans to build housing for its members and governmental and community facilities.
A portion of the land to be taken into trust is being used for viniculture, and the Tribe intends to develop more of the lands to be taken into trust for viniculture. The Tribe’s investment in the ongoing viniculture operation has reinvigorated the vineyards, which are producing high-quality wines. The Tribe is operating its vineyards on a sustainable basis and is working toward certification of sustainability.
No gaming shall be conducted on the lands to be taken into trust by this section.
No gaming shall be conducted on any lands taken into trust on behalf of the Tribe in Sonoma County after the date of the enactment of this Act.
By directing that these lands be taken into trust, the United States will ensure that the Lytton Rancheria will finally have a permanently protected homeland on which the Tribe can once again live communally and plan for future generations. This action is necessary to fully restore the Tribe to the status it had before it was wrongfully terminated in 1961.
The Tribe and County of Sonoma have entered into a Memorandum of Agreement as amended in 2018 in which the County agrees to the lands in the County being taken into trust for the benefit of the Tribe in consideration for commitments made by the Tribe.
Definitions.— For the purpose of this section, the following definitions apply:
County.— The term “County” means Sonoma County, California.
Secretary.— The term “Secretary” means the Secretary of the Interior.
Tribe.— The term “Tribe” means the Lytton Rancheria of California.
Lands to Be Taken Into Trust.—
In general.— The land owned by the Tribe and generally depicted on the map titled “Lytton Fee Owned Property to be Taken into Trust” and dated May 1, 2015, is hereby taken into trust for the benefit of the Tribe, subject to valid existing rights, contracts, and management agreements related to easements and rights-of-way.
Lands to be made part of the reservation.— Lands taken into trust under paragraph (1) shall be part of the Tribe’s reservation and shall be administered in accordance with the laws and regulations generally applicable to property held in trust by the United States for an Indian tribe.
Gaming.—
Lands taken into trust under this section.— Lands taken into trust for the benefit of the Tribe under subsection (c) shall not be eligible for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
Other lands taken into trust.— Lands taken into trust for the benefit of the Tribe in Sonoma County after the date of the enactment of this Act shall not be eligible for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
Applicability of Certain Law.— Notwithstanding any other provision of law, the Memorandum of Agreement entered into by the Tribe and the County concerning taking land in the County into trust for the benefit of the Tribe, which was approved by the County Board of Supervisors on March 10, 2015, and any addenda and supplement or amendment thereto, is not subject to review or approval of the Secretary in order to be effective, including review or approval under section 2103 of the Revised Statutes (25 U.S.C. 81).
SEC. 2870. Little Shell Tribe of Chippewa Indians of Montana.
Findings.— Congress finds that—
the Little Shell Tribe of Chippewa Indians is a political successor to signatories of the Pembina Treaty of 1863, under which a large area of land in the State of North Dakota was ceded to the United States;
the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy’s Reservation of Montana, which also are political successors to the signatories of the Pembina Treaty of 1863, have been recognized by the Federal Government as distinct Indian tribes;
the members of the Little Shell Tribe continue to live in the State of Montana, as their ancestors have for more than 100 years since ceding land in the State of North Dakota as described in paragraph (1);
in the 1930s and 1940s, the Tribe repeatedly petitioned the Federal Government for reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”);
Federal agents who visited the Tribe and Commissioner of Indian Affairs John Collier attested to the responsibility of the Federal Government for the Tribe and members of the Tribe, concluding that members of the Tribe are eligible for, and should be provided with, trust land, making the Tribe eligible for reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”);
due to a lack of Federal appropriations during the Depression, the Bureau of Indian Affairs lacked adequate financial resources to purchase land for the Tribe, and the members of the Tribe were denied the opportunity to reorganize;
in spite of the failure of the Federal Government to appropriate adequate funding to secure land for the Tribe as required for reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”), the Tribe continued to exist as a separate community, with leaders exhibiting clear political authority;
the Tribe, together with the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy’s Reservation of Montana, filed 2 law suits under the Act of August 13, 1946 (60 Stat. 1049) (commonly known as the “Indian Claims Commission Act”), to petition for additional compensation for land ceded to the United States under the Pembina Treaty of 1863 and the McCumber Agreement of 1892;
in 1971 and 1982, pursuant to Acts of Congress, the tribes received awards for the claims described in paragraph (8);
in 1978, the Tribe submitted to the Bureau of Indian Affairs a petition for Federal recognition, which is still pending as of the date of enactment of this Act; and
the Federal Government, the State of Montana, and the other federally recognized Indian tribes of the State have had continuous dealings with the recognized political leaders of the Tribe since the 1930s.
Definitions.— In this section:
Member.— The term “member” means an individual who is enrolled in the Tribe pursuant to subsection (f).
Secretary.— The term “Secretary” means the Secretary of the Interior.
Tribe.— The term “Tribe” means the Little Shell Tribe of Chippewa Indians of Montana.
Federal Recognition.—
In general.— Federal recognition is extended to the Tribe.
Effect of federal laws.— Except as otherwise provided in this section, all Federal laws (including regulations) of general application to Indians and Indian tribes, including the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the “Indian Reorganization Act”), shall apply to the Tribe and members.
Federal Services and Benefits.—
In general.— Beginning on the date of enactment of this Act, the Tribe and each member shall be eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to—
the existence of a reservation for the Tribe; or
the location of the residence of any member on or near an Indian reservation.
Service area.— For purposes of the delivery of services and benefits to members, the service area of the Tribe shall be considered to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties in the State of Montana.
Reaffirmation of Rights.—
In general.— Nothing in this section diminishes any right or privilege of the Tribe or any member that existed before the date of enactment of this Act.
Claims of tribe.— Except as otherwise provided in this section, nothing in this section alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of enactment of this Act.
Membership Roll.—
In general.— As a condition of receiving recognition, services, and benefits pursuant to this section, the Tribe shall submit to the Secretary, by not later than 18 months after the date of enactment of this Act, a membership roll consisting of the name of each individual enrolled as a member of the Tribe.
Determination of membership.— The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with sections 1 through 3 of article 5 of the constitution of the Tribe dated September 10, 1977 (including amendments to the constitution).
Maintenance of roll.— The Tribe shall maintain the membership roll under this subsection.
Acquisition of Land.—
Homeland.— The Secretary shall acquire, for the benefit of the Tribe, trust title to 200 acres of land within the service area of the Tribe to be used for a tribal land base.
Additional land.— The Secretary may acquire additional land for the benefit of the Tribe pursuant to section 5 of the Act of June 18, 1934 (25 U.S.C. 5108) (commonly known as the “Indian Reorganization Act”).
SEC. 2871. Sense of Congress on Restoration of Tyndall Air Force Base.
It is the sense of Congress that the Secretary of the Air Force should—
restore Tyndall Air Force Base to achieve military installation resilience, as defined in section 101(e)(8) of title 10, United States Code; and
use innovative construction methods, materials, designs, and technologies in carrying out such restoration in order to achieve efficiencies, cost savings, resiliency, and capability, which may include—
open architecture design to evolve with the national defense strategy; and
efficient ergonomic enterprise for members of the Air Force in the 21st century.
TITLE XXIX Authorization of Overseas Contingency Operations Military Construction and Emergency Military Construction
Subtitle A Overseas Contingency Operations Military Construction
SEC. 2901. Authorized Army Construction and Land Acquisition Projects.
Authorization.— Subject to subsection (b), the Secretary of the Army may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
| Country | Location | Amount |
|---|---|---|
| Cuba | Guantanamo Bay Naval Station | $33,800,000 |
| Worldwide Unspecified | European Deterrence Initiative: Various Locations | $78,412,000 |
Report Required as Condition of Authorization.— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report containing a plan to carry out each military construction project authorized in the final item in the table in subsection (a) for an unspecified location for the European Deterrence Initiative. The plan shall include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report has been submitted.
SEC. 2902. Authorized Navy Construction and Land Acquisition Projects.
Authorization.— Subject to subsection (b), the Secretary of the Navy may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
| Country | Location | Amount |
|---|---|---|
| Bahrain | SW Asia | $53,360,000 |
| Italy | Sigonella | $77,400,000 |
| Spain | Rota | $69,570,000 |
| Worldwide Unspecified | European Deterrence Initiative: Various Locations | $36,211,000 |
Report Required as Condition of Authorization.— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report containing a plan to carry out each military construction project authorized in the final item in the table in subsection (a) for an unspecified location for the European Deterrence Initiative. The plan shall include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report has been submitted.
SEC. 2903. Authorized Air Force Construction and Land Acquisition Projects.
Authorization.— Subject to subsection (b), the Secretary of the Air Force may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
| Country | Location | Amount |
|---|---|---|
| Iceland | Keflavik | $57,000,000 |
| Jordan | Azraq | $66,000,000 |
| Spain | Moron | $8,500,000 |
| Worldwide Unspecified | European Deterrence Initiative: Various Locations | $211,211,000 |
Report Required as Condition of Authorization.— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report containing a plan to carry out each military construction project authorized in the final item in the table in subsection (a) for an unspecified location for the European Deterrence Initiative. The plan shall include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report has been submitted.
SEC. 2904. Authorized Defense Agencies Construction and Land Acquisition Projects.
The Secretary of Defense may acquire real property and carry out the military construction project for the installation outside the United States, and in the amount, set forth in the following table:
| Country | Location | Amount |
|---|---|---|
| Germany | Gemersheim | $46,000,000 |
SEC. 2905. Authorization of Appropriations.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for the military construction projects outside the United States authorized by this subtitle as specified in the funding table in section 4602.
Subtitle B Emergency Military Construction
SEC. 2911. Authorization of Emergency Navy Construction and Land Acquisition Projects.
Navy Authorization.— Subject to subsection (b), using amounts appropriated pursuant to the authorization of appropriations in section 2915 and available for military construction projects inside the United States as specified in the funding table in section 4603, 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:
| State or Location | Installation or Location | Amount |
|---|---|---|
| California | Naval Air Weapons Station China Lake | $1,152,680,000 |
| North Carolina | Camp Lejeune | $627,747,000 |
| Marine Corps Air Station Cherry Point | $66,551,000 | |
| NCAS New River | $465,822,000 |
Report Required as a Condition of Authorization.— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report containing a plan to carry out the military construction projects authorized by this section. The plan shall include an explanation of how each military construction project will incorporate mitigation measures that reduce the threat from extreme weather events, mean sea level fluctuation, flooding, and any other known environmental threat to resilience, including a list of any areas in which there is a variance from the local building requirements and an explanation of the reason for the variance. The plan shall also include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report required from the Secretary has been submitted.
SEC. 2912. Authorization of Emergency Air Force Construction and Land Acquisition Projects.
Air Force Authorization.— Subject to subsection (b), using amounts appropriated pursuant to the authorization of appropriations in section 2915 and available for military construction projects inside the United States as specified in the funding table in section 4603, 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:
| State | Installation or Location | Amount |
|---|---|---|
| Florida | Tyndall Air Force Base | $1,500,200,000 |
| Nebraska | Offutt Air Force Base | $140,500,000 |
| Virginia | Joint Base Langley-Eustis | $31,000,000 |
Report Required as Condition of Authorization.— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a plan to carry out the military construction projects authorized by this section. The plan shall include an explanation of how each military construction project will incorporate mitigation measures that reduce the threat from extreme weather events, mean sea level fluctuation, flooding, and any other known environmental threat to resilience, including a list of any areas in which there is a variance from the local building requirements and an explanation of the reason for the variance. The plan shall also include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report required from the Secretary has been submitted.
SEC. 2913. Authorization of Emergency Army National Guard Construction and Land Acquisition Projects.
Army National Guard Authorization.— Subject to subsection (b), using amounts appropriated pursuant to the authorization of appropriations in section 2915 and available for military construction projects inside the United States as specified in the funding table in section 4603, 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:
| State | Location | Amount |
|---|---|---|
| Louisiana | Pineville | $16,500,000 |
| Nebraska | Ashland | $43,500,000 |
Report Required as Condition of Authorization.— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report containing a plan to carry out the military construction projects authorized by this section. The plan shall include an explanation of how each military construction project will incorporate mitigation measures that reduce the threat from extreme weather events, mean sea level fluctuation, flooding, and any other known environmental threat to resilience, including a list of any areas in which there is a variance from the local building requirements and an explanation of the reason for the variance. The plan shall also include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report required from the Secretary has been submitted.
SEC. 2914. Authorization of Emergency Defense Agencies Construction and Land Acquisition Projects.
Defense Agencies Authorization.— Subject to subsection (b), using amounts appropriated pursuant to the authorization of appropriations in section 2915 and available for military construction projects inside the United States as specified in the funding table in section 4603, the Secretary of Defense may acquire real property and carry out the military construction project for the installation inside the United States, and in the amount, set forth in the following table:
| State or Location | Installation or Location | Amount |
|---|---|---|
| North Carolina | Camp Lejeune | $75,313,000 |
Report Required as a Condition of Authorization.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing a plan to carry out the military construction project authorized by this section. The plan shall include an explanation of how the military construction project will incorporate mitigation measures that reduce the threat from extreme weather events, mean sea level fluctuation, flooding, and any other known environmental threat to resilience, including a list of any areas in which there is a variance from the local building requirements and an explanation of the reason for the variance. The plan shall also include a Department of Defense Form 1391 for the proposed project. The Secretary may not commence the project until the report required from the Secretary has been submitted.
SEC. 2915. Authorization of Emergency Supplemental Appropriations for Military Construction Projects.
Funds are hereby authorized to be appropriated for the Department of Defense for the military construction projects authorized by this subtitle as specified in the funding table in section 4603, in such amounts as may be designated as emergency requirements pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
TITLE XXX Military Housing Privatization Reform
SEC. 3001. Definitions.
Definitions Generally.— In this title:
The term “landlord” means an eligible entity that enters into, or has entered into, a contract as a partner with the Secretary concerned for the acquisition or construction of a housing unit under subchapter IV of chapter 169 of title 10, United States Code. The term includes any agent of the eligible entity or any subsequent lessor who owns, manages, or is otherwise responsible for a housing unit. The term does not include an entity of the Federal Government.
The term “privatized military housing” means military housing provided under subchapter IV of chapter 169 of title 10, United States Code.
The term “tenant” means a member of the armed forces, including a reserve component thereof in an active status, or a dependent of a member of the armed forces who resides at a housing unit, is a party to a lease for a housing unit, or is authorized to act on behalf of the member under subchapters IV and V of chapter 169 of title 10, United States Code, in the event of the assignment or deployment of a member.
in paragraph (4), by adding at the end the following new sentence: “ The fact that an agreement between an eligible entity and the Secretary concerned is designated as an agreement rather than a contract shall not be construed to exclude the agreement from the term ‘contract’ for purposes of this subchapter and subchapter V.”;
by redesignating paragraphs (7) and (8) as paragraphs (11) and (13), respectively;
by inserting after paragraph (6) the following new paragraphs:
“(7) The term ‘housing document’ means a document developed by the Secretary of Defense under section 2890 of this title and known as the Military Housing Privatization Initiative Tenant Bill of Rights or the Military Housing Privatization Initiative Tenant Responsibilities.
“(8) The term ‘housing unit’ means a unit of family housing or military unaccompanied housing acquired or constructed under this subchapter.
“(9) The term ‘incentive fees’ means any amounts payable to a landlord for meeting or exceeding performance metrics as specified in a contract with the Department of Defense.
“(10) The term ‘landlord’ means an eligible entity that enters into, or has entered into, a contract as a partner with the Secretary concerned for the acquisition or construction of a housing unit under this subchapter. The term includes any agent of the eligible entity or any subsequent lessor who owns, manages, or is otherwise responsible for a housing unit. The term does not include an entity of the Federal Government.”
; and
by inserting after paragraph (11), as redesignated by paragraph (2) of this subsection, the following new paragraph:
“(12) The term ‘tenant’ means a member of the armed forces, including a reserve component thereof in an active status, or a dependent of a member of the armed forces who resides at a housing unit, is a party to a lease for a housing unit, or is authorized to act on behalf of the member under this subchapter and subchapter V of this chapter in the event of the assignment or deployment of a member.”
Conforming Amendments to Existing Definitions.— Section 2871 of title 10, United States Code, is further amended in paragraphs (1), (3), and (5) by striking “ military” before “ housing units”.
Subtitle A Addition of New Reform Subchapter
SEC. 3011. Improved Accountability and Oversight of Privatized Military Housing and Protections and Responsibilities for Tenants of Privatized Military Housing.
Applicability of Definitions.— Section 2871 of title 10, United States Code, as amended by section 3001, is further amended in the matter preceding the paragraphs by inserting “ and subchapter V of this chapter” after “ this subchapter”.
Military Housing Privatization Reforms.— Chapter 169 of title 10, United States Code, is amended by adding at the end the following new subchapter:
“SUBCHAPTER V— OVERSIGHT OF LANDLORDS AND PROTECTIONS AND RESPONSIBILITIES FOR TENANTS OF PRIVATIZED MILITARY HOUSING
Ҥ 2890. Rights and responsibilities of tenants of housing units
“(a) Development of Tenant Bill of Rights and Tenant Responsibilities Documents.—
(1) The Secretary of Defense shall develop two separate documents, to be known as the Military Housing Privatization Initiative Tenant Bill of Rights and the Military Housing Privatization Initiative Tenant Responsibilities, for tenants of housing units.
“(2) The Secretary of each military department shall ensure that the housing documents are attached to each lease agreement for a housing unit.
“(3) The rights and responsibilities contained in the housing documents are not intended to be exclusive. The omission of a tenant right or responsibility shall not be construed to deny the existence of such a right or responsibility for tenants.
“(4) Each contract between the Secretary concerned and a landlord shall incorporate the housing documents and guarantee the rights and responsibilities of tenants who reside in housing units covered by the contract.
“(5) The Secretary of Defense shall develop the housing documents in coordination with the Secretaries of the military departments.
“(b) Elements of Tenant Bill of Rights.—At a minimum, the Military Housing Privatization Initiative Tenant Bill of Rights shall address the following rights of tenants of housing units:
“(1) The right to reside in a housing unit and community that meets applicable health and environmental standards.
“(2) The right to reside in a housing unit that has working fixtures, appliances, and utilities and to reside in a community with well-maintained common areas and amenity spaces.
“(3) The right to be provided with a maintenance history of the prospective housing unit before signing a lease, as provided in section 2892a of this title.
“(4) The right to a written lease with clearly defined rental terms to establish tenancy in a housing unit, including any addendums and other regulations imposed by the landlord regarding occupancy of the housing unit and use of common areas.
“(5) The right to a plain-language briefing, before signing a lease and 30 days after move-in, by the installation housing office on all rights and responsibilities associated with tenancy of the housing unit, including information regarding the existence of any additional fees authorized by the lease, any utilities payments, the procedures for submitting and tracking work orders, the identity of the military tenant advocate, and the dispute resolution process.
“(6) The right to have sufficient time and opportunity to prepare and be present for move-in and move-out inspections, including an opportunity to obtain and complete necessary paperwork.
“(7) The right to report inadequate housing standards or deficits in habitability of the housing unit to the landlord, the chain of command, and housing management office without fear of reprisal or retaliation, as provided in subsection (e), including reprisal or retaliation in the following forms:
“(A) Unlawful recovery of, or attempt to recover, possession of the housing unit.
“(B) Unlawfully increasing the rent, decreasing services, or increasing the obligations of a tenant.
“(C) Interference with a tenant’s right to privacy.
“(D) Harassment of a tenant.
“(E) Refusal to honor the terms of the lease.
“(F) Interference with the career of a tenant.
“(8) The right of access to a military tenant advocate, as provided in section 2894(b)(4) of this title, through the housing management office of the installation of the Department at which the housing unit is located.
“(9) The right to receive property management services provided by a landlord that meet or exceed industry standards and that are performed by professionally and appropriately trained, responsive, and courteous customer service and maintenance staff.
“(10) The right to have multiple, convenient methods to communicate directly with the landlord maintenance staff, and to receive consistently honest, accurate, straightforward, and responsive communications.
“(11) The right to have access to an electronic work order system through which a tenant may request maintenance or repairs of a housing unit and track the progress of the work.
“(12) With respect to maintenance and repairs to a housing unit, the right to the following:
“(A) Prompt and professional maintenance and repair.
“(B) To be informed of the required time frame for maintenance or repairs when a maintenance request is submitted.
“(C) In the case of maintenance or repairs necessary to ensure habitability of a housing unit, to prompt relocation into suitable lodging or other housing at no cost to the tenant until the maintenance or repairs are completed.
“(13) The right to receive advice from military legal assistance on procedures involving mechanisms for resolving disputes with the property management company or property manager to include mediation, arbitration, and filing claims against a landlord.
“(14) The right to enter into a dispute resolution process, as provided in section 2894 of this title, should all other methods be exhausted and, in which case, a decision in favor of the tenant may include a reduction in rent or an amount to be reimbursed or credited to the tenant.
“(15) The right to have the tenant’s basic allowance housing payments segregated and held in escrow, with approval of a designated commander, and not used by the property owner, property manager, or landlord pending completion of the dispute resolution process.
“(16) The right to have reasonable, advance notice of any entrance by a landlord, installation housing staff, or chain of command into the housing unit, except in the case of an emergency or abandonment of the housing unit.
“(17) The right to not pay non-refundable fees or have application of rent credits arbitrarily held.
“(18) The right to expect common documents, forms, and processes for housing units will be the same for all installations of the Department, to the maximum extent applicable without violating local, State, and Federal regulations.
“(c) Elements of Tenant Responsibilities.—At a minimum, the Military Housing Privatization Initiative Tenant Responsibilities shall address the following responsibilities of tenants of housing units:
“(1) The responsibility to report in a timely manner any apparent environmental, safety, or health hazards of the housing unit to the landlord and any defective, broken, damaged, or malfunctioning building systems, fixtures, appliances, or other parts of the housing unit, the common areas, or related facilities.
“(2) The responsibility to maintain standard upkeep of the housing unit as instructed by the housing management office.
“(3) The responsibility to conduct oneself as a tenant in a manner that will not disturb neighbors, and to assume responsibility for one’s actions and those of a family member or guest in the housing unit or common areas.
“(4) The responsibility not to engage in any inappropriate, unauthorized, or criminal activity in the housing unit or common areas.
“(5) The responsibility to allow the landlord reasonable access to the rental home in accordance with the terms of the tenant lease agreement to allow the landlord to make necessary repairs in a timely manner.
“(6) The responsibility to read all lease-related materials provided by the landlord and to comply with the terms of the lease agreement, lease addenda, and any associated rules and guidelines.
“(d) Submission to Congress and Public Availability.—
(1) As part of the budget submission for fiscal year 2021, and biennially thereafter, the Secretary of Defense shall submit the then-current housing documents to the congressional defense committees.
“(2) Any change made to a housing document must be submitted to Congress at least 30 days before the change takes effect.
“(3) Upon submission of a housing document under paragraph (1) or (2), the Secretary of Defense shall publish the housing document on a publicly available Internet website of the Department of Defense.”
Clerical Amendments.—
Table of sections.— Subchapter V of chapter 169 of title 10, United States Code, as added by subsection (b), is amended by inserting after the subchapter heading the following table of sections: Sec.
2890. Rights and responsibilities of tenants of housing units.
2890a. Chief Housing Officer.
2891. Requirements relating to contracts for provision of housing units.
2891a. Requirements relating to management of housing units.
2891b. Considerations of eligible entity housing history in contracts for privatized military housing.
2891c. Financial transparency.
2892. Maintenance work order system for housing units.
2892a. Access by tenants to historical maintenance information.
2892b. Prohibition on requirement to disclose personally identifiable information in electronic requests for maintenance.
2893. Treatment of incentive fees for landlords of housing units for failure to remedy health or environmental hazards.
2894. Landlord-tenant dispute resolution process and treatment of certain payments during process.
2894a. Complaint database.
Table of subchapters.— The table of subchapters at the beginning of chapter 169 of title 10, United States Code, is amended by inserting after the item relating to subchapter IV the following new item:
“V. Oversight of Landlords and Protections and Responsibilities for Tenants of Privatized Military Housing 2890.”.
SEC. 3012. Designation of Chief Housing Officer for Privatized Military Housing.
Designation Required.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2890 of such title, as added by section 3011 and amended by sections 3023 and 3024, the following new section:
Ҥ 2890a. Chief Housing Officer
“(a) Designation.—
(1) The Secretary of Defense shall designate, from among officials of the Department of Defense who are appointed by the President with the advice and consent of the Senate, a Chief Housing Officer who shall oversee housing units.
“(2) The official of the Department of Defense designated as Chief Housing Officer may be assigned duties in addition to the duties as Chief Housing Officer under subsection (b).
“(b) Principal Duties.—
(1) The Chief Housing Officer shall oversee all aspects of the provision of housing under subchapter IV and this subchapter, including the following:
“(A) Creation and standardization of policies and processes regarding housing units.
“(B) Oversight of the administration of any Department of Defense-wide policies regarding housing units, to include, in coordination with the Secretaries of the military departments, the housing documents developed pursuant to section 2890 of this title entitled Military Housing Privatization Initiative Tenant Bill of Rights and Military Housing Privatization Initiative Tenant Responsibilities.
“(2) The duties specified in paragraph (1) may not be further delegated.”
Notification of Designation.— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall notify the congressional defense committees of the official of the Department of Defense designated as Chief Housing Officer under section 2890a of title 10, United States Code, as added by subsection (a). Any time the designation of Chief Housing Officer changes, the Secretary of Defense shall update the notification of the congressional defense committees within 30 days after the new designation.
SEC. 3013. Additional Requirements Relating to Contracts for Privatized Military Housing.
In General.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2890a of such title, as added by section 3012, the following new section:
Ҥ 2891. Requirements relating to contracts for provision of housing units
“(a) In General.—The requirements of this section condition contracts entered into using the authorities provided to the Secretary concerned under section 2872 of this title and other authorities provided under subchapter IV of this chapter and this subchapter.
“(b) Exclusion of Certain Employees.—A landlord providing a housing unit shall prohibit any employee of the landlord who commits work-order fraud under the contract from doing any work under the contract.
“(c) Dispute Resolution Process.—Any decision the commander renders in favor of the tenant in the formal dispute resolution process established pursuant to section 2894 of this title will be taken into consideration in determining whether to pay or withhold all or part of any incentive fees for which a landlord may otherwise be eligible under the contract.
“(d) Responsibility for Certain Medical Costs.—
“(1) Reimbursement required under certain circumstances.—If the Secretary concerned finds that a landlord fails to maintain safe and sanitary conditions for a housing unit under the contract and that, subject to paragraph (2), these conditions result in a tenant of the housing unit receiving medical evaluations and treatment, the landlord shall be responsible for reimbursing the Department of Defense for any costs incurred by the Department to provide the medical evaluations and treatment to the tenant, whether such evaluations and treatment are provided in a military medical treatment facility or through the TRICARE provider network.
“(2) Review process.—Before the Secretary concerned may submit a claim under paragraph (1) to a landlord for reimbursement of Department medical evaluation and treatment costs—
“(A) a military medical professional must determine that the tenant’s medical conditions were caused by unsafe and unsanitary conditions of the housing unit; and
“(B) the documentation of the medical evaluation showing causation must be sent to the Director of the Defense Health Agency for review and approval.
“(3) Uniform processes and procedures.—Not later than 180 days after the date of the enactment of this section, the Director of the Defense Health Agency shall develop and publish uniform processes and procedures to be used by medical providers in military medical treatment facilities to make determinations regarding whether environmental hazards within housing units serve as causative factors for medical conditions being evaluated and treated in military medical treatment facilities or through the TRICARE provider network.
“(e) Responsibility for Relocation Costs.—
“(1) Permanent relocation.—A landlord providing a housing unit shall pay reasonable relocation costs associated with the permanent relocation of a tenant from the housing unit to a different housing due to health or environmental hazards—
“(A) present in the housing unit being vacated through no fault of the tenant; and
“(B) confirmed by the housing management office of the installation for which the housing unit is provided as making the unit uninhabitable or unable to be remediated safely while tenant occupies the housing unit.
“(2) Temporary relocation.—The landlord shall pay reasonable relocation costs and actual costs of living, including per diem, associated with the temporary relocation of a tenant to a different housing unit due to health or environmental hazards—
“(A) present in the housing unit being vacated through no fault of the tenant; and
“(B) confirmed by the housing management office of the installation as making the unit uninhabitable or unable to be remediated safely while tenant occupies the housing unit.
“(f) Maintenance Work Order System.—A landlord providing a housing unit shall ensure that the maintenance work order system of the landlord (hardware and software) is up to date, including—
“(1) by providing a reliable mechanism through which a tenant may submit work order requests through an Internet portal and mobile application, which shall incorporate the ability to upload photos, communicate with maintenance personnel, and rate individual service calls;
“(2) by allowing real-time access to such system by officials of the Department at the installation, major subordinate command, and service-wide levels; and
“(3) by allowing the work order or maintenance ticket to be closed only once the tenant and the head of the housing management office of the installation sign off.
“(g) Implementation.—The Secretary concerned shall create such legal documents as may be necessary to carry out this section.”
Effective Date.— The requirements set forth in section 2891 of title 10, United States Code, as added by subsection (a), shall apply to appropriate legal documents entered into or renewed on or after the date of the enactment of this Act between the Secretary of a military department and a landlord regarding privatized military housing.
Retroactive Landlord Agreements.—
In general.— Not later than February 1, 2020, the Secretary of Defense shall seek agreement from all landlords to accept the application of the requirements set forth in section 2891 of title 10, United States Code, as added by subsection (a), to appropriate legal documents entered into or renewed before the date of the enactment of this Act between the Secretary of a military department and a landlord regarding privatized military housing
Submittal of list to congress.— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a list of any landlords that did not agree under paragraph (1) to accept the requirements set forth in section 2891 of title 10, United States Code, as added by subsection (a).
Consideration of lack of agreement in future contracts.— The Secretary of Defense and the Secretaries of the military departments shall include any lack of agreement under paragraph (1) as past performance considered under section 2891b of title 10, United States Code, as added by section 3015,with respect to entering into or renewing any future contracts regarding privatized military housing.
SEC. 3014. Additional Requirements Relating to Management of Privatized Military Housing.
In General.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2891 of such title, as added by section 3013, the following new section:
Ҥ 2891a. Requirements relating to management of housing units
“(a) In General.—The Secretary of Defense shall ensure that each contract between the Secretary concerned and a landlord regarding the management of housing units for an installation of the Department of Defense includes the requirements set forth in this section.
“(b) Requirements for Installation Commanders.—
(1) The installation commander shall be responsible for—
“(A) reviewing, on an annual basis, the mold mitigation plan and pest control plan of each landlord managing housing units for the installation; and
“(B) notifying the landlord and the major subordinate command of any deficiencies found in either plan.
“(2) In response to a request by the head of the housing management office of an installation, the installation commander shall use the assigned bio-environmental personnel or contractor equivalent at the installation to test housing units for mold, unsafe water conditions, and other health and safety conditions
“(c) Requirements for Housing Management Office.—
(1) The head of the housing management office of an installation shall be responsible for—
“(A) conducting a physical inspection of, and approving the habitability of, a vacant housing unit for the installation before the landlord managing the housing unit is authorized to offer the housing unit available for occupancy;
“(B) conducting a physical inspection of the housing unit upon tenant move-out; and
“(C) maintaining all test results relating to the health, environmental, and safety condition of the housing unit and the results of any inspection conducted by the housing management office, landlord, or third-party contractor for the life of the contract relating to that housing unit.
“(2) The head of the installation housing management office shall be provided a list of any move-out charges that a landlord seeks to collect from an outgoing tenant.
“(3) The head of the installation housing management office shall initiate contact with a tenant regarding the satisfaction of the tenant with the housing unit of the tenant not later than—
“(A) 15 days after move-in; and
“(B) 60 days after move-in.
“(d) Requirements for Landlords.—
(1) The landlord providing a housing unit shall disclose to the Secretary of Defense any bonus structures offered for community managers and regional executives and any bonus structures relating to maintenance of housing units, in order to minimize the impact of those incentives on the operating budget of the installation for which the housing units are provided.
“(2) With respect to test results relating to the health and safety condition of a housing unit, the landlord providing the housing unit shall—
“(A) not later than three days after receiving the test results, share the results with the tenant of the housing unit and submit the results to the head of the installation housing management office; and
“(B) include with any environmental hazard test results a simple guide explaining those results, preferably citing standards set forth by the Federal Government relating to environmental hazards.
“(3) Before a prospective tenant signs a lease to occupy a housing unit, the landlord providing the housing unit shall conduct a walkthrough inspection of the housing unit—
“(A) for the prospective tenant; or
“(B) if the prospective tenant is not able to be present for the inspection, with an official of the housing management office designated by the prospective tenant to conduct the inspection on the tenant’s behalf.
“(4) In the event that the installation housing management office determines that a housing unit does not meet minimum health, safety, and welfare standards set forth in Federal, State, and local law as a result of a walkthrough inspection or an inspection conducted under subsection (c), the landlord providing the housing unit shall remediate any issues and make any appropriate repairs to the satisfaction of the housing management office and subject to another inspection by the housing management office.
“(5) A landlord providing a housing unit may not conduct any promotional events to encourage tenants to fill out maintenance comment cards or satisfaction surveys of any kind, without the approval of the chief of the housing management office.
“(6) A landlord providing a housing unit may not award an installation of the Department of Defense or an officer or employee of the Department a ‘Partner of the Year award’ or similar award.
“(7) A landlord providing a housing unit may not enter into any form of settlement, nondisclosure, or release of liability agreement with a tenant without—
“(A) first notifying the tenant of the tenant’s right to assistance from the legal assistance office at the installation; and
“(B) not later than five days before entering into such settlement, nondisclosure, or release of liability agreement, providing a copy of the agreement and terms to the Assistant Secretary of Defense for Sustainment.
“(8) A landlord providing a housing unit may not change the position of a prospective tenant on a waiting list for a housing unit or remove a prospective tenant from the waiting list in response to the prospective tenant turning down an offer for a housing unit, if the housing unit is determined unsatisfactory by the prospective tenant and the determination is confirmed by the housing management office and the installation commander.
“(9) A landlord providing a housing unit shall allow employees of the housing management office and other officers and employees of the Department to conduct—
“(A) with the permission of the tenant of the housing unit as appropriate, physical inspections of the housing unit; and
“(B) physical inspections of any common areas maintained by the landlord.
“(10) A landlord providing a housing unit shall agree to participate in the dispute resolution and payment-withholding processes established pursuant to section 2894 of this title.
“(11) A landlord providing a housing unit shall ensure that the needs of enrollees in the Exceptional Family Member Program, or any successor program, are considered in assigning prospective tenants to housing units provided by the landlord.
“(12) A landlord providing a housing unit shall maintain an electronic work order system that enables access by the tenant to view work order history, status, and other relevant information, as required by section 2892 of this title.
“(13) A landlord providing a housing unit shall agree to have any agreements or forms to be used by the landlord approved by the Assistant Secretary of Defense for Sustainment, including the following:
“(A) A common lease agreement.
“(B) Any disclosure or nondisclosure forms that could be given to a tenant.
“(e) Prohibition Against Collection of Amounts in Addition to Rent.—
(1) A landlord providing a housing unit may not impose on a tenant of the housing unit a supplemental payment, such as an out-of-pocket fee, in addition to the amount of rent the landlord charges for a unit of similar size and composition to the housing unit, without regard to whether or not the amount of the any basic allowance for housing under section 403 of title 37 the tenant may receive as a member of the armed forces is less than the amount of the rent.
“(2) Nothing in paragraph (1) shall be construed—
“(A) to prohibit a landlord from imposing an additional payment—
“(i) for optional services provided to military tenants, such as access to a gym or a parking space;
“(ii) for non-essential utility services, as determined in accordance with regulations promulgated by the Secretary concerned; or
“(iii) to recover damages associated with tenant negligence, consistent with subsection (c)(2); or
“(B) to limit or otherwise affect the authority of the Secretary concerned to enter into rental guarantee agreements under section 2876 of this title or to make differential lease payments under section 2877 of this title, so long as such agreements or payments do not require a tenant to pay an out-of-pocket fee or payment in addition to the amount of the any basic allowance for housing under section 403 of title 37 the tenant may receive as a member of the armed forces.”
Military Department Implementation Plans.— Not later than February 1, 2020, the Secretary of each military department shall submit to the congressional defense committees a plan for the implementation by that military department of section 2891a of title 10, United States Code, as added by subsection (a).
Effective Date.— The requirements set forth in section 2891a of title 10, United States Code, as added by subsection (a), shall apply to appropriate legal documents entered into or renewed on or after the date of the enactment of this Act between the Secretary of a military department and a landlord regarding privatized military housing.
Repeal of Replaced Provision.—
Repeal.— Section 2886 of title 10, United States Code, is repealed.
Clerical amendment.— The table of sections at the beginning of subchapter IV of chapter 169 of title 10, United States Code, is amended by striking the item relating to section 2886.
Retroactive Landlord Agreements.—
In general.— Not later than February 1, 2020, the Secretary of Defense shall seek agreement from all landlords to accept the application of the requirements set forth in section 2891a of title 10, United States Code, as added by subsection (a), to appropriate legal documents entered into or renewed before the date of the enactment of this Act between the Secretary of a military department and a landlord regarding privatized military housing
Submittal of list to congress.— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a list of any landlords that did not agree under paragraph (1) to accept the requirements set forth in section 2891a of title 10, United States Code, as added by subsection (a).
Consideration of lack of agreement in future contracts.— The Secretary of Defense and the Secretaries of the military departments shall include any lack of agreement under paragraph (1) as past performance considered under section 2891b of title 10, United States Code, as added by section 3015, with respect to entering into or renewing any future contracts regarding privatized military housing.
SEC. 3015. Consideration of Contractor History in Contracts for Privatized Military Housing.
Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2891a of such title, as added by section 3014, the following new section:
Ҥ 2891b. Considerations of eligible entity housing history in contracts for privatized military housing
“(a) Consideration Required.—To assist in making a determination whether to enter into a new contract, or renew an existing contract, with an eligible entity, the Secretary of Defense shall develop a standard process by which the Secretary concerned may evaluate the past performance of the eligible entity for purposes of informing future decisions regarding the award of such a contract.
“(b) Elements of Process.—The process developed under subsection (a) shall include, at a minimum, consideration of the following:
“(1) Any history of the eligible entity of providing substandard housing.
“(2) The recommendation of the commander of the installation for which housing units will be provided under the contract.
“(3) The recommendation of the commander of any other installation for which the eligible entity has provided housing units.”
SEC. 3016. Additional Improvements for Management of Privatized Military Housing.
Improved Financial Transparency.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2891b of such title, as added by section 3015, the following new section:
Ҥ 2891c. Financial transparency
“(a) Submission of Landlord Financial Information.—
(1) Not less frequently than annually, the Secretary of Defense shall require that each landlord submit to the Secretary a report providing information regarding all housing units provided by the landlord.
“(2) Information provided under paragraph (1) by a landlord shall include the following:
“(A) A comprehensive summary of the landlord’s financial performance.
“(B) The amount of base management fees relating to all housing units provided by the landlord.
“(C) The amount of asset management fees relating to such housing units.
“(D) The amount of preferred return fees relating to such housing units.
“(E) The residual cashflow distributions relating to such housing units.
“(F) The amount of deferred fees or other fees relating to such housing units.
“(3) In this subsection:
“(A) The term ‘base management fees’ means the monthly management fees collected for services associated with accepting and processing rent payments, ensuring tenant rent payments, property inspections, maintenance management, and emergency maintenance calls.
“(B) the term ‘asset management fees’ means fees paid to manage a housing unit for the purpose of ensuring the housing unit is maintained in good condition and making repairs over the lifecycle of the housing unit.
“(C) the term ‘preferred return fees’ means fees associated with any claims on profits furnished to preferred investors with an interest in the housing unit.
“(D) the term ‘residual cashflow distribution’ means the steps a specific housing project takes to restructure after it is determined that the project is in an unacceptable financial condition.
“(E) the term ‘deferred fee’ means any fee that was not paid to a person in a calendar year in order to meet other financial obligations of the landlord.
“(b) Availability of Information on Use of Incentive Fees.—
(1) Not less frequently than annually, the Secretary of Defense shall publish, on a publicly accessible website, information regarding the use by the Secretary concerned of incentive fees to support contracts for the provision or management of housing units.
“(2) The information provided under paragraph (1) shall include, with respect to each contract, the following:
“(A) The applicable incentive fees.
“(B) The metrics used to determine the incentive fees.
“(C) Whether incentive fees were paid in full, or were withheld in part or in full, during the period covered by the release of information.
“(D) If any incentive fees were withheld, the reasons for such withholding.”
Establishment and Availability of Complaint Database.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2894 of such title, as added by section 3022, the following new section:
Ҥ 2894a. Complaint database
“(a) Database Required.—The Secretary of Defense shall establish a database of complaints made regarding housing units.
“(b) Public Availability.—The database shall be available to the public.
“(c) Inclusion of Tenant Complaints.—The Secretary of Defense shall permit a tenant of a housing unit to file a complaint regarding the housing unit for inclusion in the database.
“(d) Inclusion of Certain Information.—
(1) Information accessible in the database regarding a complaint shall include the following:
“(A) The name of the installation for which the housing unit is provided.
“(B) The name of the landlord responsible for the housing unit.
“(C) A description of the nature of the complaint.
“(2) The Secretary of Defense may not disclose personally identifiable information through the database.
“(e) Response by Landlords.—
(1) The Secretary of Defense shall include in any contract with a landlord responsible for a housing unit a requirement that the landlord respond in a timely manner to any complaints included in the database that relate to the housing unit.
“(2) The Secretary shall include landlord responses in the database.”
Audits of Financial Viability of Privatized Military Housing Partnerships.—
Audits required.— The Comptroller General of the United States, in accordance with best audit practices, shall conduct an audit of the financial viability of each partnership for the provision of privatized military housing that the Comptroller General determines were impacted by extreme weather events or other natural disasters occurring during the 36-month period immediately preceding the date of the enactment of this Act.
Required information.— The audit under paragraph (1) shall assess the following:
The appropriateness of existing insurance caps contained in contracts for privatized military housing.
The structure of the cashflow waterfall, including the impact of expenses relating to disaster recovery.
Submission to congress.— Not later than February 1, 2021, the Comptroller General shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the audit conducted under paragraph (1).
Additional Information in Congressional Reports on Privatized Military Housing.— Section 2884(c) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
“(7) An assessment of the condition of housing units based on the average age of those units and the estimated time until recapitalization.
“(8) An assessment of tenant complaints.
“(9) An assessment of maintenance response times and completion of maintenance requests.
“(10) An assessment of the dispute resolution process, which shall include a specific analysis of each denied tenant request to withhold rent payments and each instance in which the dispute resolution process resulted in a favorable outcome for the landlord.
“(11) An assessment of overall customer service for tenants.
“(12) A description of the results of any no-notice housing inspections conducted.
“(13) The results of any resident surveys conducted.
“(14) With regard to issues of lead-based paint in housing units, a summary of data relating to the presence of lead-based paint in such housing units, including the following by military department:
“(A) The total number of housing units containing lead-based paint.
“(B) A description of the reasons for the failure to inspect any housing unit that contains lead-based paint.
“(C) A description of all abatement or mitigation efforts completed or underway in housing units containing lead-based paint.
“(D) A certification as to whether military housing under the jurisdiction of the Secretary concerned complies with requirements relating to lead-based paint, lead-based paint activities, and lead-based paint hazards, as described in section 408 of the Toxic Substances Control Act (15 U.S.C. 2688).”
SEC. 3017. Maintenance Work Order System for Privatized Military Housing.
Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2891c of such title, as added by section 3016(a), the following new section:
Ҥ 2892. Maintenance work order system for housing units
“(a) Electronic Work Order System Required.—The Secretary of Defense shall require that each landlord of a housing unit have an electronic work order system to track all maintenance requests relating to the housing unit.
“(b) Access by Department Personnel.—The Secretary of Defense shall require each landlord of a housing unit to provide access to the maintenance work order system of the landlord relating to the housing unit to the following persons:
“(1) Personnel of the housing management office at the installation for which the housing unit is provided.
“(2) Personnel of the installation and engineer command or center of the military department concerned.
“(3) Such other personnel of the Department of Defense as the Secretary determines necessary.”
SEC. 3018. Access by Tenants of Privatized Military Housing to Maintenance Work Order System.
Section 2892 of title 10, United States Code, as added by section 3017, is amended by adding at the end the following new subsection:
“(c) Access by Tenants.—The Secretary of Defense shall require each landlord of a housing unit to provide access to the maintenance work order system of the landlord relating to the housing unit to the tenant of the housing unit to permit the tenant, at a minimum, to track the status and progress of work orders for maintenance requests relating to the housing unit.”
SEC. 3019. Access by Tenants to Historical Maintenance Information for Privatized Military Housing.
Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2892, as added by section 3017 and amended by section 3018, the following new section:
Ҥ 2892a. Access by tenants to historical maintenance information
“The Secretary concerned shall require each eligible entity or subsequent landlord that offers for lease a housing unit to provide to a prospective tenant of the housing unit, before the prospective tenant moves into the housing unit as a tenant, all information regarding maintenance conducted with respect to that housing unit for the previous seven years. In this section, the term ‘maintenance’ includes any renovations of the housing unit during such period.”
SEC. 3020. Prohibition on Requirement to Disclose Personally Identifiable Information in Certain Requests for Maintenance of Privatized Military Housing.
In General.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2892a of such title, as added by section 3019, the following new section:
Ҥ 2892b. Prohibition on requirement to disclose personally identifiable information in requests for certain maintenance
“A landlord responsible for a housing unit may not require the disclosure of personally identifiable information as a part of the submission of a request for maintenance regarding a housing unit or common area when the disclosure of personally identifiable information is not needed to identify the location at which such maintenance will be performed.”
Effective Date.— The prohibition in section 2892b of title 10, United States Code, as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act.
SEC. 3021. Treatment of Incentive Fees for Landlords of Privatized Military Housing for Failure to Remedy a Health or Environmental Hazard.
Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2892b of such title, as added by section 3020, the following new section:
Ҥ 2893. Treatment of incentive fees for landlords of housing units for failure to remedy health or environmental hazards
“The Secretary concerned shall not approve the payment of incentive fees otherwise authorized to be paid to a landlord that the Secretary determines has demonstrated a propensity for failing to remedy, or failing to remedy in a timely manner, a health or environmental hazard at a housing unit provided by the landlord.”
SEC. 3022. Dispute Resolution Process for Landlord-Tenant Disputes Regarding Privatized Military Housing and Requests to Withhold Payments During Dispute Resolution Process.
In General.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2893 of such title, as added by section 3021, the following new section:
Ҥ 2894. Landlord-tenant dispute resolution process and treatment of certain payments during process
“(a) Process Required; Purpose.—The Secretary concerned shall implement a standardized formal dispute resolution process to ensure the prompt and fair resolution of disputes that arise between landlords providing housing units and tenants residing in housing units concerning maintenance and repairs, damage claims, rental payments, move-out charges, and such other issues relating to housing units as the Secretary determines appropriate.
“(b) Process Elements.—
(1) The dispute resolution process shall include the process by which a tenant may request that certain payments otherwise authorized to be paid to a landlord are withheld, as provided in subsection (e).
“(2) The process shall designate the installation or regional commander in charge of oversight of housing units as the deciding authority under the dispute resolution process.
“(3) The Secretary concerned shall establish a standardized mechanism and forms by which a tenant of a housing unit may submit, through online or other means, a request for resolution of a landlord-tenant dispute through the dispute resolution process.
“(4) The Secretary shall ensure that, in preparing a request described in paragraph (3), a tenant has access to advice and assistance from a military housing advocate employed by the military department concerned or a military legal assistance attorney under section 1044 of this title.
“(5) The Secretary concerned shall minimize costs to tenants for participation in the dispute resolution process.
“(c) Resolution Process.—
(1) Not later than 24 hours after receiving a request from a tenant for resolution of a landlord-tenant dispute through the dispute resolution process, the Secretary concerned shall—
“(A) notify the tenant that the request has been received;
“(B) transmit a copy of the request to the installation or regional commander (as the case may be), housing management office responsible for the housing unit, and the landlord of the housing unit; and
“(C) if the request includes a request to withhold payments under subsection (e),initiate the process under such subsection.
“(2) For purposes of conducting an assessment necessary to render a decision under the dispute resolution process, both the landlord and representatives of the installation housing management office may access the housing unit at a time and for a duration mutually agreed upon amongst the parties.
“(3) Not later than seven days after the date on which the request was received by the installation housing management office shall complete an investigation that includes a physical inspection and transmit the results of the investigation to the installation or regional commander (as the case may be).
“(4) Before making any decision with respect to a dispute under the dispute resolution process, the commander shall certify that the commander has solicited recommendations or information relating to the dispute from the following persons:
“(A) The chief of the installation housing management office.
“(B) A representative of the landlord for the housing unit.
“(C) The tenant submitting the request for dispute resolution.
“(D) A qualified judge advocate or civilian attorney who is a Federal employee.
“(E) If the dispute involves maintenance or another facilities-related matter, a civil engineer.
“(5)
(A) The commander shall make a decision with respect to a request under the dispute resolution process not later than 30 days after the request was submitted.
“(B) The commander may take longer than such 30-day period in limited circumstances as determined by the Secretary of Defense, but in no case shall such a decision be made more than 60 days after the request was submitted.
“(6) A final decision will be transmitted to the tenant and landlord no later than 30 days from initial receipt by the office of the commander, except as provided in paragraph (5)(B).
“(7) The decision shall include instructions for distribution of any funds that were withheld under subsection (e) and such instructions for the landlord for further remediation as the commander considers necessary.
“(8) The decision by the commander under this subsection shall be final.
“(d) Effect of Failure to Comply With Decision.—If the landlord responsible for the housing unit does not remediate the issues in a manner consistent with the instructions contained in the decision rendered under subsection (c) and within a reasonable period of time, as provided in the decision, any amounts payable to the landlord for the housing unit shall be reduced by 10 percent for each period of five days during which the issues remain unremediated.
“(e) Request to Withhold Payments During Resolution Process.—
(1) As part of the submission of a request for resolution of a landlord-tenant dispute through the dispute resolution process, the tenant may request that all or part of the payments described in paragraph (2) for lease of the housing unit be withheld from the landlord of the housing unit during the period in which—
“(A) the landlord has not met maintenance guidelines and procedures established by the Department of Defense, either through contract or otherwise; or
“(B) the housing unit is uninhabitable according to State and local law for the jurisdiction in which the housing unit is located.
“(2) Paragraph (1) applies to the following:
“(A) Any basic allowance for housing payable to the tenant (including for any dependents of the tenant in the tenant’s household) under section 403 of title 37.
“(B) All or part of any pay of a tenant subject to allotment as described in section 2882(c) of this title.
“(3) Upon the submission of a request by a tenant under this subsection and under such procedures as the Secretary of Defense shall establish, the Defense Finance and Accounting Service or such other appropriate office of the Department of Defense as the Secretary shall specify for purposes of such procedures, shall tentatively grant the request and hold any amounts withheld in escrow with notice to the landlord until the conclusion of the dispute resolution process.
“(f) Disclosure of Rights.—
(1) Each housing management office of the Department of Defense shall disclose in writing to each new tenant of a housing unit, upon the signing of the lease for the housing unit, the tenant’s rights under this section and the procedures under this section for submitting a request for resolution of a landlord-tenant dispute through the dispute resolution process, including the ability to submit a request to withhold payments during the resolution process.
“(2) The Secretary of Defense shall ensure that each lease entered into with a tenant for a housing unit clearly expresses, in a separate addendum, the dispute resolution procedures.
“(g) Rule of Construction on Use of Other Adjudicative Bodies.—Nothing in this section or any other provision of law shall be construed to prohibit a tenant of a housing unit from pursuing a claim against a landlord in any adjudicative body with jurisdiction over the housing unit or the claim.”
Modification of Definition of Military Legal Assistance.— Section 1044(d)(3)(B) of title 10, United States Code, is amended by striking “ and 1565b(a)(1)(A)” and inserting “ 1565b(a)(1)(A), and 2894(b)(4)”.
Timing of Establishment.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish the dispute resolution process required under section 2894 of title 10, United States Code, as added by subsection (a).
Landlord Agreements.—
In general.— Not later than February 1, 2020, the Secretary of Defense shall seek agreement from all landlords to participate in the dispute resolution and payment-withholding processes required under section 2894 of title 10, United States Code, as added by subsection (a).
Submittal of list to congress.— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a list of any landlords that did not agree under paragraph (1) to participate in the dispute resolution and payment-withholding processes.
Consideration of lack of agreement in future contracts.— The Secretary of Defense and the Secretaries of the military departments shall include any lack of agreement under paragraph (1) as past performance considered under section 2891b of title 10, United States Code, as added by section 3015,with respect to entering into or renewing any future contracts regarding privatized military housing.
SEC. 3023. Investigation of Reports of Reprisals Relating to Privatized Military Housing and Congressional Notification.
Section 2890 of title 10, United States Code, as added by section 3011, is amended by inserting after subsection (d) the following new subsection:
“(e) Investigation of Reports of Reprisals.—
(1) The Assistant Secretary of Defense for Sustainment shall investigate all reports of reprisal against a member of the armed forces for reporting an issue relating to a housing unit.
“(2) If the Assistant Secretary of Defense for Sustainment determines under paragraph (1) that landlord has retaliated against a member of the armed forces for reporting an issue relating to a housing unit, the Assistant Secretary shall—
“(A) provide initial notice to the Committees on Armed Services of the Senate and the House of Representatives as soon as practicable after making that determination; and
“(B) following that initial notice, provide an update to such committees every 30 days thereafter until such time as the Assistant Secretary has taken final action with respect to the retaliation.
“(3) The Assistant Secretary of Defense for Sustainment shall carry out this subsection in coordination with the Secretary of the military department concerned.”
SEC. 3024. Prohibition on Use of Nondisclosure Agreements in Connection with Leases of Privatized Military Housing.
Nondisclosure Agreements Prohibited.— Section 2890 of title 10, United States Code, as added by section 3011, is amended by inserting after subsection (e), as added by section 3023, the following new subsection:
“(f) Prohibition on Use of Nondisclosure Agreements.—
(1) A tenant or prospective tenant of a housing unit may not be required to sign a nondisclosure agreement in connection with entering into, continuing, or terminating a lease for the housing unit. Any such agreement against the interests of the tenant is invalid.
“(2) Paragraph (1) shall not apply to a nondisclosure agreement executed as part of the settlement of litigation.”
Implementation.— The Secretary of Defense and the Secretaries of the military departments shall promulgate such regulations as may be necessary to give full force and effect to subsection (f) of section 2890 of title 10, United States Code, as added by subsection (a).
Retroactive Application of Amendment.— Subsection (f) of section 2890 of title 10, United States Code, as added by subsection (a), shall apply with respect to any nondisclosure agreement covered by the terms of such subsection (f) regardless of the date on which the agreement was executed.
Subtitle B Other Amendatory Provisions
SEC. 3031. Installation of Carbon Monoxide Detectors in Military Family Housing.
Section 2821 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(e) The Secretary concerned shall provide for the installation and maintenance of an appropriate number of carbon monoxide detectors in each unit of military family housing under the jurisdiction of the Secretary.”
SEC. 3032. Authority to Furnish Certain Services in Connection with Use of Alternative Authority for Acquisition and Improvement of Military Housing.
Section 2872a(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
“(13) Street sweeping.
“(14) Tree trimming and removal.”
SEC. 3033. Treatment of Breach of Contract for Privatized Military Housing.
In General.— Subchapter IV of chapter 169 of title 10, United States Code, is amended by inserting after section 2872a the following new section:
Ҥ 2872b. Treatment of breach of contract
“(a) Response to Material Breach.—In the case of a material breach of contract under this subchapter by a party to the contract, the Secretary concerned shall use the authorities available to the Secretary, including withholding amounts to be paid under the contract, to encourage the party to cure the breach.
“(b) Rescinding of Contract.—If a material breach of the contract is not cured in a timely manner, as determined by the Secretary concerned, the Secretary may—
“(1) rescind the contract pursuant to the terms of the contract; and
“(2) prohibit the offending party from entering into a new contract or undertaking expansions of other existing contracts, or both, with the Secretary under this subchapter.”
Clerical Amendment.— The table of sections at the beginning of subchapter IV of chapter 169 of title 10, United States Code, is amended by inserting after the item relating to section 2872a the following new item:
“2872b. Treatment of breach of contract.”.
SEC. 3034. Modification to Requirements for Window Fall Prevention Devices in Military Family Housing Units.
in paragraph (1), by striking “ that protect against unintentional window falls by young children and that are in compliance with applicable International Building Code (IBC) standards” and inserting “ described in paragraph (3)”;
in paragraph (2)—
in subparagraph (A), by striking “ December 11, 2017” and inserting “ October 1, 2019”; and
in subparagraph (B), by striking “ September 1, 2018” and inserting “ October 1, 2019”; and
by adding at the end the following new paragraph:
“(3) Fall prevention device described.—A fall prevention device is a window screen or guard that complies with applicable standards in ASTM standard F2090–13 (or any successor standard).”
Modification to Window Description.— Section 2879(c) of title 10, United States Code, is amended by striking “ 24” and inserting “ 42”.
Conforming Amendment.— Section 2879(b)(1) of title 10, United States Code, is amended by striking “ paragraph (1)” and inserting “ paragraph (3)”.
SEC. 3035. Expansion of Direct Hire Authority for Department of Defense for Childcare Services Providers for Department Child Development Centers to Include Direct Hire Authority for Installation Military Housing Office Personnel.
In General.— Section 559 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1406; 10 U.S.C. 1792 note) is amended—
in subsection (a)—
in the matter preceding paragraph (1), by inserting “ , and individuals to fill vacancies in installation military housing offices,” after “ childcare services providers”;
in paragraph (1), by inserting “ or for employees at installation military housing offices” before the semicolon; and
in paragraph (2), by inserting “ or for installation military housing office employees” before the period;
by redesignating subsection (f) as subsection (g); and
by inserting after subsection (e) the following new subsection (f):
“(f) Installation Military Housing Office Defined.—The term ‘installation military housing office’ means any office whose primary function is performing day-to-day supervision of military housing covered by subchapter IV of chapter 169 of title 10, United States Code.”
Heading and Technical Amendments.—
Heading amendment.— The heading of such section is amended to read as follows:
“SEC. 559. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT CENTERS AND EMPLOYEES AT INSTALLATION MILITARY HOUSING OFFICES.”
Technical amendment.— Subsection (d) of such section is amended by striking “ Oversight and Government Reform” and inserting “ Oversight and Reform”.
Use of Existing Regulations.— The Secretary of Defense shall use the authority in section 559 of the National Defense Authorization Act for Fiscal Year 2018 granted by the amendments made by this section in a manner consistent with the regulations prescribed for purposes of such section 559 pursuant to subsection (b) of such section 559, without the need to prescribe separate regulations for the use of such authority.
SEC. 3036. Modification of Authority to Make Payments to Lessors of Privatized Military Housing.
Modification of Payment Authority.— Subsection (a) of section 606 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1795; 10 U.S.C. 2871 note) is amended to read as follows:
“(a) Use of Funds in Connection With MHPI.—
“(1) Payments to lessors generally.—
“(A) Payment authority.—Each month beginning with the first month after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, each Secretary of a military department shall use funds, in an amount determined under subparagraph (B), to make payments to lessors of covered housing in the manner provided by this subsection, as in effect on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.
“(B) Calculation of monthly payments.—For purposes of making payments under subparagraph (A) for a month, the Secretary of the military department concerned shall determine the amount equal to 2.5 percent of the aggregate of the amounts calculated under section 403(b)(3)(A)(i) of title 37, United States Code, for covered housing under the jurisdiction of the Secretary for that month.
“(2) Additional payments to lessors responsible for underfunded projects.—
“(A) Payment authority.—Each month beginning with the first month after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, each Secretary of a military department shall use funds, in an amount determined under subparagraph (B), to make additional payments to certain lessors responsible for underfunded MHPI housing projects identified pursuant to subparagraph (C) for the purposes of future sustainment, recapitalization, and financial sustainability of the projects.
“(B) Calculation of monthly payments.—For purposes of making payments under subparagraph (A) for a month, the Secretary of the military department concerned shall determine the amount equal to 2.5 percent of the aggregate of the amounts calculated under section 403(b)(3)(A)(i) of title 37, United States Code, for covered housing under the jurisdiction of the Secretary for that month.
“(C) Identification of underfunded projects.—The Chief Housing Officer of the Department of Defense, in conjunction with the Secretaries of the military departments, shall assess MHPI housing projects for the purpose of identifying all MHPI housing projects that are underfunded. Once identified, the Chief Housing Officer shall prioritize for payments under subparagraph (A) those MHPI housing projects most in need of funding to rectify such underfunding.
“(3) Alternative authority in event of lack of underfunded projects.—
“(A) In general.—Subject to subparagraph (B), if the Chief Housing Officer determines that no MHPI housing projects for a military department require additional funding under paragraph (2) for a month, the Secretary of the military department concerned, in consultation with the Chief Housing Officer, may allocate the funds otherwise available to the Secretary under such paragraph for that month to support improvements designed to enhance the quality of life of members of the uniformed services and their families who reside in MHPI housing.
“(B) Conditions.—Before the Secretary of a military department may allocate funds as authorized by subparagraph (A), the Chief Housing Officer shall certify to the Committees on Armed Services of the Senate and the House of Representatives that there are no MHPI housing projects for the military department require additional funding under paragraph (2). The certification shall include sufficient details to show why no projects are determined to need the additional funds.
“(4) Briefing required.—Not later than March 1, 2020, and each year thereafter, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the Senate and the House of Representatives detailing the expenditure of funds under paragraphs (2) and (3), the MHPI housing projects receiving funds under such paragraphs, and any other information the Secretary considers relevant.”
Effective Date.— The amendment made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to months beginning after that date.
SEC. 3037. Technical Correction to Definition Used to Make Payments to Lessors of Privatized Military Housing.
Paragraph (3) of section 606(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1796; 10 U.S.C. 2871 note) is amended to read as follows:
“(3) The term ‘MHPI housing’ means housing procured, acquired, constructed, or for which any phase or portion of a project agreement was first finalized and signed, under the alternative authority of subchapter IV of chapter 169 of title 10, United States Code (known as the Military Housing Privatization Initiative), on or before September 30, 2014.”
Subtitle C One-Time Reporting Requirements
SEC. 3041. Report on Civilian Personnel Shortages for Appropriate Oversight of Management of Military Housing Constructed or Acquired Using Alternative Authority for Acquisition and Improvement of Military Housing.
Report.— Not later than six months after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a report containing the following:
An evaluation of the extent to which shortages in the number of civilian personnel performing oversight functions at Department of Defense housing management offices or assigned to housing-related functions at headquarters levels contribute to problems regarding the management of privatized military housing.
Recommendations to address such personnel shortages—
to eliminate problems regarding the management of privatized military housing;
to ensure oversight of the partner’s execution of the housing agreement and the delivery of all requirements in accordance with implementing guidance provided by the Secretaries of the military departments;
to improve oversight of and expedite the work-order process; and
to facilitate a positive experience for members of the Armed Forces and their dependents who reside in privatized military housing.
Personnel Recommendations.— As part of the recommendations required by subsection (a)(2), the Secretary of Defense shall identify the following:
The number of additional personnel who are required, the installation and headquarter locations at which they will be employed, the employment positions they will fill, and the duties they will perform, including a breakdown of duty requirements by function, such as oversight, home inspectors, and maintenance.
The number of such additional personnel already hired as of the date on which the report is submitted and their duty locations and the timeline for employing the remaining required personnel identified under paragraph (1).
The estimated cost of employing the additional required personnel identified under paragraph (1).
SEC. 3042. Plans for Creation of Councils on Privatized Military Housing.
Plans Required.— Not later than February 1, 2020, the Assistant Secretary of each military department shall submit to the congressional defense committees a plan for the creation within the military department concerned of a council on privatized military housing for the purposes of maintaining adequate oversight of the military housing program and serving as a mechanism to identify and resolve problems regarding privatized military housing.
Plan Elements.— The plan for a military department shall include—
an implementation schedule for the creation the council on privatized military housing;
proposed members of the council, which shall include, at a minimum, the Assistant Secretary concerned and a representative from the installation housing offices and the civil engineering community; and
the planned frequency of council meetings.
SEC. 3043. Plan for Establishment of Department of Defense Jurisdiction Over Off-Base Privatized Military Housing.
Plan Required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to establish jurisdiction by the Department of Defense for law enforcement and other specified purposes, concurrently with local community law enforcement, at locations with privatized military housing that is not located on an installation of the Department of Defense.
Consultation.— The Secretary of Defense shall prepare the plan in consultation with the Secretaries of the military departments.
SEC. 3044. Inspector General Review of Department of Defense Oversight of Privatized Military Housing.
Not later than one year after the date of the enactment of this Act, and annually thereafter until 2022, the Inspector General of the Department of Defense shall—
conduct, at not less than three military installations, a review of the oversight by the Secretary of Defense of privatized military housing at such installations; and
make publicly available on a website of the Department a summary of the results of the review.
SEC. 3045. Information on Legal Services Provided to Members of the Armed Forces Harmed by Health or Environmental Hazards at Military Housing.
Report.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the legal services that the Secretary may provide to members of the Armed Forces who have been harmed by a health or environmental hazard while living in military housing.
Availability of Information.— The Secretary of the military department concerned shall make the information contained in the report submitted under subsection (a) available to members of the Armed Forces at all installations of the Department of Defense in the United States.
Subtitle D Development of Housing Reform Standards and Processes
SEC. 3051. Uniform Code of Basic Standards for Privatized Military Housing and Plan to Conduct Inspections and Assessments.
Uniform Code.— Not later than February 1, 2021, the Secretary of Defense shall establish and implement a uniform code of basic housing standards for safety, comfort, and habitability for privatized military housing, which shall meet or exceed requirements informed by a nationally recognized, consensus-based, model property maintenance code.
Inspection and Assessment Plan.— Not later than February 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a Department of Defense plan to contract with qualified home inspectors to conduct a thorough inspection and assessment of the structural integrity and habitability of each unit of privatized military housing. The plan shall include the implementation plan for the uniform code to be established under subsection (a).
Implementation of Inspections and Assessments.—
Implementation.— Not later than February 1, 2021, the Secretary of the military department concerned shall commence conducting inspections and assessments of units of privatized military housing pursuant to the plan submitted under subsection (b) to identify issues and ensure compliance with applicable housing codes, including the uniform code established under subsection (a).
Report.— Not later than March 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the inspections and assessments conducted under paragraph (1).
Qualified Home Inspectors Described.— For purposes of this section, a qualified home inspector must possess the appropriate credentials for the work the inspector will perform, as defined by the respective State in which the work will be performed. A qualified home inspector may not be an employee or in a fiduciary relationship with—
the Federal Government; or
an individual or entity who owns or manages privatized military housing.
SEC. 3052. Tool for Assessment of Hazards in Department of Defense Housing.
Hazard Assessment Tool.—
Development required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop an assessment tool, such as a rating system or similar mechanism, to identify and measure health and safety hazards in housing under the jurisdiction of the Department of Defense (including privatized military housing).
Components.— The assessment tool shall provide for the identification and measurement of the following hazards:
Physiological hazards, including dampness and mold growth, lead-based paint, asbestos and manmade fibers, radiation, biocides, carbon monoxide, and volatile organic compounds.
Psychological hazards, including ease of access by unlawful intruders, and lighting issues.
Infection hazards.
Safety hazards.
Public forums.— In developing the assessment tool, the Secretary of Defense shall provide for multiple public forums at which the Secretary may receive input with respect to such assessment tool from occupants of housing under the jurisdiction of the Department of Defense (including privatized military housing).
Report.— Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the assessment tool.
Hazard Assessments.—
Assessments required.— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, using the assessment tool developed under subsection (a)(1), shall complete a hazard assessment for each housing facility under the jurisdiction of the Department of Defense (including privatized military housing).
Tenant information.— As soon as practicable after the completion of the hazard assessment conducted for a housing facility under paragraph (1), the Secretary of Defense shall provide to each individual who leases or is assigned to a housing unit in the facility a summary of the results of the assessment.
SEC. 3053. Process to Identify and Address Environmental Health Hazards in Department of Defense Housing.
Process Required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a process to identify, record, and resolve environmental health hazards in housing under the jurisdiction of the Department of Defense (including privatized housing) in a timely manner.
Elements of Process.— The process developed under subsection (a) shall provide for the following with respect to each identified environmental health hazard:
Categorization of the hazard.
Identification of health risks posed by the hazard.
Identification of the number of housing occupants potentially affected by the hazard.
Recording and maintenance of information regarding the hazard.
Resolution of the hazard, which shall include—
the performance by the Secretary of Defense (or in the case of privatized housing, the landlord) of hazard remediation activities at the affected facility; and
follow-up by the Secretary of Defense to collect information on medical care related to the hazard sought or received by individuals affected by the hazard.
Coordination.— The Secretary of Defense shall ensure coordination between military treatment facilities, appropriate public health officials, and housing managers at military installations with respect to the development and implementation of the process required by subsection (a).
Report.— Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the process required by subsection (a).
SEC. 3054. Department of Defense Policy on Lead-Based Paint Testing on Military Installations.
Access and Testing Policy.— Not later than February 1, 2020, the Secretary of Defense shall establish a policy under which the Secretary of the military department concerned may permit a qualified individual to access a military installation for the purpose of conducting testing for the presence of lead-based paint on the installation.
Transmission of Results.—
Installations inside the united states.— In the case of military installations located inside the United States, the results of any testing for lead-based paint on a military installation shall be transmitted the following:
The civil engineer of the installation.
The housing management office of the installation.
The public health organization on the installation.
The major subordinate command of the Armed Force with jurisdiction over the installation.
If required by law, any relevant Federal, State, and local agencies.
Installations outside the united states.— In the case of military installations located outside the United States, the results of any testing for lead-based paint on a military installation shall be transmitted to the civil engineer or commander of the installation who shall transmit those results to the major subordinate command of the Armed Force with jurisdiction over the installation.
Definitions.— In this section:
The term “United States” has the meaning given that term in section 101(a)(1) of title 10, United States Code.
The term “qualified individual” means an individual who is certified by the Environmental Protection Agency or by a State as—
a lead-based paint inspector; or
a lead-based paint risk assessor.
SEC. 3055. Standard for Minimum Credentials for Health and Environmental Inspectors of Privatized Military Housing.
Development and Submission of Standard.— Not later than February 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report that contains a standard for minimum credentials to be used throughout the Department of Defense for all inspectors of health and environmental hazards at privatized military housing, including inspectors contracted by the Department.
Inclusion of Categories for Specific Environmental Hazards.— The standard submitted under subsection (a) shall include categories for specific environmental hazards such as lead, mold, and radon.
SEC. 3056. Requirements Relating to Move-In, Move-Out, and Maintenance of Privatized Military Housing.
Move-in and Move-out Checklist.—
Checklist required.— The Secretary of Defense shall develop a uniform move-in and move-out checklist for use by landlords providing privatized military housing and by tenants of such housing.
Required move-in element.— A tenant who will occupy a unit of privatized military housing is entitled to be present for an inspection of the housing unit before accepting occupancy of the housing unit to ensure that the unit is habitable and that facilities and common areas of the building are in good repair.
Required move-out element.— A tenant of a unit of privatized military housing is entitled to be present for the move-out inspection of the housing unit and must be given sufficient time to address any concerns related to the tenant’s occupancy of the housing unit.
Maintenance Checklist.— The Secretary of Defense shall—
develop a uniform checklist to be used by housing management offices to validate the completion of all maintenance work related to health and safety issues at privatized military housing; and
require that all maintenance issues and work orders related to health and safety issues at privatized military housing be reported to the commander of the installation for which the housing is provided.
Consultation.— The Secretary of Defense shall carry out this section in consultation with the Secretaries of the military departments.
Deadline.— The uniform checklists required by this section shall be completed not later than 60 days after the date of the enactment of this Act.
SEC. 3057. Standardized Documentation, Templates, and Forms for Privatized Military Housing.
Development Required.—
In general.— The Secretary of Defense shall develop standardized documentation, templates, and forms for use throughout the Department of Defense with respect to privatized military housing. In developing such documentation, templates, and forms, the Secretary shall ensure that, to the maximum extent practicable, the documentation, templates, and forms do not conflict with applicable State and local housing regulations.
Initial guidance.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance for the development of the following:
Policies and standard operating procedures of the Department for privatized military housing.
A universal lease agreement for privatized military housing that includes—
the documents developed pursuant to section 2890 of title 10, United States Code, as added by section 3011, entitled Military Housing Privatization Initiative Tenant Bill of Rights and Military Housing Privatization Initiative Tenant Responsibilities; and
any lease addendum required by the law of the State in which the unit of privatized military housing is located.
Consultation.— The Secretary of Defense shall carry out this subsection in consultation with the Secretaries of the military departments.
Military Department Plans.— Not later than February 1, 2020, the Secretary of each military department shall submit to the congressional defense committees a plan for the implementation of this section by that military department.
SEC. 3058. Satisfaction Survey for Tenants of Military Housing.
Survey Required.— Not later than March 1, 2020, the Secretary of Defense shall require that each installation of the Department of Defense use the same satisfaction survey for tenants of military housing, including privatized military housing.
Form of Survey.— The satisfaction survey required by subsection (a) shall be an electronic survey with embedded privacy and security mechanisms.
Privacy and Security Mechanisms.— The privacy and security mechanisms used in the satisfaction survey required by subsection (a)—
may include a code unique to the tenant to be surveyed that is sent to the cell phone number of the tenant and required to be entered to access the survey; and
in the case of privatized military housing, shall ensure the survey is not shared with the landlord providing the privatized military housing until the survey is reviewed and the results are tallied by Department of Defense personnel.
Subtitle E Other Housing Reform Matters
SEC. 3061. Radon Testing of Privatized Military Housing.
Report.— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report identifying the installations of the Department of Defense that have privatized military housing that should be monitored for levels of radon at or above the action level.
Testing Procedures and Standards.— The Secretaries of the military departments shall ensure that landlords providing privatized military housing at installations identified under subsection (a) establish testing procedures that are consistent with then current national consensus standards and are in compliance with applicable Federal, State, and local radon regulations in order to ensure radon levels are below recommended levels established by the Environmental Protection Agency, whether through—
regular testing of privatized military housing by persons who possess certification pursuant to the proficiency program operated under section 305(a)(2) of the Toxic Substances Control Act (15 U.S.C. 2665(a)(2)); or
the installation of monitoring equipment in privatized military housing.
Notification Regarding Need for Mitigation.— If, as a result of testing described in subsection (b), a unit of privatized military housing needs radon mitigation to ensure radon levels are below recommended levels, the landlord providing the housing unit shall submit to the Secretary of the military department concerned, not later than seven days after the determination of the need for radon mitigation, the mitigation plan for the housing unit.
SEC. 3062. Mitigation of Risks Posed by Certain Items in Military Family Housing Units.
Anchoring of Items by Residents.— The Secretary of Defense shall allow a resident of a military family housing unit to anchor any furniture, television, or large appliance to the wall of the unit for purposes of preventing such item from tipping over without incurring a penalty or obligation to repair the wall upon vacating the unit.
Anchoring of Items for All Units.—
Existing units.— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that all freestanding chests, door chests, armoires, dressers, entertainment centers, bookcases taller than 27 inches, televisions, and large appliances provided by the Department of Defense are securely anchored in each furnished military family housing unit under the jurisdiction of the Department as of the date of the enactment of this Act.
New units.— The Secretary of Defense shall ensure that all freestanding chests, door chests, armoires, dressers, entertainment centers, bookcases taller than 27 inches, televisions, and large appliances provided by the Department of Defense are securely anchored in each furnished military family housing unit made available after the date of the enactment of this Act.
SEC. 3063. Suspension of Resident Energy Conservation Program and Related Programs for Privatized Military Housing.
Suspension Required.— The Secretary of Defense shall suspend the initiative of the Department of Defense known as the Resident Energy Conservation Program and instruct the Secretary of each military department to suspend any program carried out by such Secretary that measures the energy usage for individual units of privatized military housing on installations of the Department of Defense.
Term of Suspension.— Subject to subsection (c), the suspension required by subsection (a) shall remain in effect for an installation of the Department of Defense until the Secretary of Defense certifies to the congressional defense committees that 100 percent of the privatized military housing on the installation is individually metered to each respective unit of privatized military housing on the installation military housing unit and the meter accurately measures the energy usage of the unit.
Termination.— If the Secretary of Defense is unable to make the certification required by subsection (b) for an installation of the Department of Defense before the end of the two-year period beginning on the date of the enactment of this Act, each program suspended pursuant to subsection (a) at that installation shall terminate at the end of such period.
SEC. 3064. Department of the Army Pilot Program to Build and Monitor Use of Single Family Homes.
In General.— The Secretary of the Army shall carry out a pilot program to build and monitor the use of not fewer than five single family homes for members of the Army and their families.
Location.— The Secretary of the Army shall carry out the pilot program at no less than two installations of the Army located in different climate regions of the United States as determined by the Secretary.
Design.— In building homes under the pilot program, the Secretary of the Army shall use the All-American Abode design from the suburban single-family division design by the United States Military Academy.