SEC. 2001. Short Title.
This division and title XLVI of division D may be cited as the “Military Construction Authorization Act for Fiscal Year 2022”.
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 Three Years.— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
October 1, 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 and Automatic Execution of Conforming Changes to Tables of Sections, Tables of Contents, and Similar Tabular Entries.
Effective Date.— Titles XXI through XXVII shall take effect on the later of—
October 1, 2021; or
the date of the enactment of this Act.
Elimination of Need for Certain Separate Conforming Amendments.—
Automatic execution of conforming changes.— When an amendment made by a provision of this division to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment.
Exceptions.— Paragraph (1) shall not apply to an amendment described in such paragraph when—
the amendment, or a separate clerical amendment enacted at the same time as the amendment, expressly amends a table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or
the amendment otherwise expressly exempts itself from the operation of this section.
Covered defense law.— In this subsection, the term “covered defense law” means—
titles 10, 32, and 37 of the United States Code;
any national defense authorization Act or military construction authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and
any other law designated in the text thereof as a covered defense law for purposes of application of this section.
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 or Location | Amount |
|---|---|---|
| Alabama | Anniston Army Depot | $25,000,000 |
| Fort Rucker | $66,000,000 | |
| Redstone Arsenal | $55,000,000 | |
| California | Fort Irwin | $52,000,000 |
| Georgia | Fort Stewart | $105,000,000 |
| Hawaii | West Loch Naval Magazine Annex | $51,000,000 |
| Wheeler Army Airfield | $140,000,000 | |
| Kansas | Fort Leavenworth | $34,000,000 |
| Kentucky | Fort Knox | $27,000,000 |
| Louisiana | Fort Polk | $111,000,000 |
| Maryland | Fort Detrick | $23,981,000 |
| Fort Meade | $81,000,000 | |
| New Mexico | White Sands Missile Range | $29,000,000 |
| New York | Fort Hamilton | $26,000,000 |
| Watervliet Arsenal | $20,000,000 | |
| Pennsylvania | Letterkenny Army Depot | $21,000,000 |
| Texas | Fort Hood | $130,000,000 |
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 military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
|---|---|---|
| Belgium | Shape Headquarters | $16,000,000 |
| Germany | East Camp Grafenwoehr | $103,000,000 |
| Smith Barracks | $33,500,000 | |
| Classified Location | Classified Location | $31,000,000 |
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 or location, in the number of units or for the purpose, and in the amount set forth in the following table:
| Country | Installation or Location | Units or Purpose | Amount |
|---|---|---|---|
| Italy | Vicenza | Family Housing New Construction | $92,304,000 |
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 $22,545,000.
SEC. 2103. Authorization of Appropriations, Army.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2104. Extension of Authority to Carry Out Certain Fiscal Year 2017 Project.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (130 Stat. 2689), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| Country | Installation | Project | Original Authorized Amount |
|---|---|---|---|
| Germany | Wiesbaden Army Airfield | Hazardous Material Storage Building | $2,700,000 |
SEC. 2105. Additional Authority to Carry Out Fiscal Year 2018 Project at Fort Bliss, Texas.
Project Authorization.— The Secretary of the Army may carry out a military construction project to construct a defense access road at Fort Bliss, Texas, in the amount of $20,000,000.
Use of Amounts.— The Secretary of the Army may use funds appropriated under section 131 of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (title I of division J of Public Law 115–141; 132 Stat. 805) for the Defense Access Road Program to carry out subsection (a).
SEC. 2106. Modification of Authority to Carry Out Certain Fiscal Year 2021 Project.
Modification of Project Authority.— In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283) for Fort Wainwright, Alaska, for construction of Unaccompanied Enlisted Personnel Housing, as specified in the funding table in section 4601 of such Public Law, the Secretary of the Army may construct—
an Unaccompanied Enlisted Personnel Housing building of 104,300 square feet to incorporate a modified standard design; and
an outdoor recreational shelter, sports fields and courts, barbecue and leisure area, and fitness stations associated with the Unaccompanied Enlisted Personnel Housing.
Modification of Project Amounts.—
Division b table.— The authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283) is amended in the item relating to Fort Wainwright, Alaska, by striking “ $114,000,000” and inserting “ $146,000,000” to reflect the project modification made by subsection (a).
Division d table.— The funding table in section 4601 of Public Law 116–283 is amended in the item relating to Fort Wainwright Unaccompanied Enlisted Personnel Housing by striking “ $59,000” in the Conference Authorized column and inserting “ $91,000” to reflect the project modification made by subsection (a).
SEC. 2107. Additional Authorized Funding Source for Certain Fiscal Year 2022 Project.
To carry out an unspecified minor military construction project in the amount of $3,600,000 at Aberdeen Proving Ground, Maryland, to construct a 6,000 square foot recycling center to meet the requirements of a qualified recycling program at the installation, the Secretary of the Army may use funds available to the Secretary under section 2667(e)(1)(C) of title 10, United States Code, in addition to funds appropriated for unspecified minor military construction for the project.
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 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Arizona | Marine Corps Air Station Yuma | $29,300,000 |
| California | Marine Corps Air Station Miramar | $240,900,000 |
| Marine Corps Base Camp Pendleton | $106,100,000 | |
| Marine Corps Reserve Depot San Diego | $93,700,000 | |
| Naval Base Coronado | $63,600,000 | |
| Naval Base Ventura County | $197,500,000 | |
| San Nicolas Island | $19,907,000 | |
| Florida | Marine Corps Support Facility Blount Island | $69,400,000 |
| Naval Undersea Warfare Center Panama City Division | $37,980,000 | |
| Guam | Andersen Air Force Base | $50,890,000 |
| Joint Region Marianas | $507,527,000 | |
| Hawaii | Marine Corps Base Kaneohe | $165,700,000 |
| Marine Corps Training Area Bellows | $6,220,000 | |
| North Carolina | Marine Corps Air Station Cherry Point | $321,417,000 |
| Pennsylvania | Naval Surface Warfare Center Philadelphia Division | $77,290,000 |
| South Carolina | Marine Corps Reserve Depot Parris Island | $6,000,000 |
| Marine Corps Air Station Beaufort | $130,300,000 | |
| Virginia | Marine Corps Base Quantico | $42,850,000 |
| Naval Station Norfolk | $344,793,000 | |
| Naval Weapons Station Yorktown | $93,500,000 | |
| Portsmouth Naval Shipyard | $156,380,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Japan | Fleet Activities Yokosuka | $49,900,000 |
| Spain | Naval Station Rota | $85,600,000 |
SEC. 2202. Family Housing.
Construction and Acquisition.— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units or for the purposes, and in the amounts set forth in the following table:
| Location | Installation | Units or Purpose | Amount |
|---|---|---|---|
| District of Columbia | Marine Barracks Washington | Family housing improvements | $10,415,000 |
| Japan | Fleet Activities Yokosuka | Family housing improvements | $61,469,000 |
Improvements to Military Family Housing Units.— Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $71,884,000.
Planning and Design.— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,634,000.
SEC. 2203. Authorization of Appropriations, Navy.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, 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 not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
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 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Alaska | Eielson Air Force Base | $44,850,000 |
| Joint Base Elmendorf-Richardson | $251,000,000 | |
| Arizona | Davis-Monthan Air Force Base | $13,400,000 |
| Luke Air Force Base | $49,000,000 | |
| California | Vandenberg Space Force Base | $67,000,000 |
| Colorado | Schriever Space Force Base | $30,000,000 |
| United States Air Force Academy | $4,360,000 | |
| District of Columbia | Joint Base Anacostia-Bolling | $24,000,000 |
| Florida | Eglin Air Force Base | $14,000,000 |
| Guam | Joint Region Marianas | $85,000,000 |
| Louisiana | Barksdale Air Force Base | $272,000,000 |
| Maryland | Joint Base Andrews | $26,000,000 |
| Massachusetts | Hanscom Air Force Base | $66,000,000 |
| Nevada | Creech Air Force Base | $14,200,000 |
| Ohio | Wright-Patterson Air Force Base | $24,000,000 |
| Oklahoma | Tinker Air Force Base | $160,000,000 |
| South Carolina | Joint Base Charleston | $59,000,000 |
| South Dakota | Ellsworth Air Force Base | $242,000,000 |
| Tennessee | Arnold Air Force Base | $14,600,000 |
| Texas | Joint Base San Antonio | $141,000,000 |
| Joint Base San Antonio-Fort Sam Houston | $29,000,000 | |
| Joint Base San Antonio-Lackland | $29,000,000 | |
| Sheppard Air Force Base | $20,000,000 | |
| Virginia | Joint Base Langley-Eustis | $24,000,000 |
Outside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Australia | Royal Australian Air Force Base Darwin | $7,400,000 |
| Royal Australian Air Force Base Tindal | $14,400,000 | |
| Italy | Aviano Air Force Base | $10,200,000 |
| Japan | Kadena Air Base | $206,000,000 |
| Misawa Air Base | $25,000,000 | |
| Yokota Air Base | $39,000,000 | |
| United Kingdom | Royal Air Force Lakenheath | $108,500,000 |
SEC. 2302. Family Housing.
Improvements to Military Family Housing Units.— Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $105,528,000.
Planning and Design.— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $10,458,000.
SEC. 2303. Authorization of Appropriations, Air Force.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2304. Extension of Authority to Carry Out Certain Fiscal Year 2017 Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2688), the authorizations set forth in the table in subsection (b), as provided in sections 2301 and 2902 of that Act (130 Stat. 2696, 2743), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State or Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Germany | Ramstein Air Base | 37 AS Squadron Operations/Aircraft Maintenance Unit | $13,437,000 |
| Spangdahlem Air Base | F/A-22 Low Observable/Composite Repair Facility | $12,000,000 | |
| Spangdahlem Air Base | Upgrade Hardened Aircraft Shelters for F/A-22 | $2,700,000 | |
| Guam | Joint Region Marianas | APR - Munitions Storage Igloos, Phase 2 | $35,300,000 |
| Joint Region Marianas | APR - SATCOM C4I Facility | $14,200,000 | |
| Japan | Kadena Air Base | APR - Replace Munitions Structures | $19,815,000 |
| Yokota Air Base | C-130J Corrosion Control Hangar | $23,777,000 | |
| Yokota Air Base | Construct Combat Arms Training and Maintenance Facility | $8,243,000 | |
| Massachusetts | Hanscom Air Force Base | Vandenberg Gate Complex | $10,965,000 |
| United Kingdom | Royal Air Force Croughton | Main Gate Complex | $16,500,000 |
SEC. 2305. Modification of Authority to Carry Out Military Construction Projects at Tyndall Air Force Base, Florida.
Fiscal Year 2018 Project.— In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1825) for Tyndall Air Force Base, Florida, for construction of a Fire Station, as specified in the funding table in section 4601 of that Public Law (131 Stat. 2002), the Secretary of the Air Force may construct a crash rescue/structural fire station encompassing up to 3,588 square meters.
Fiscal Year 2020 Projects.— In the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1913) for Tyndall Air Force Base, Florida—
for construction of Site Development, Utilities, and Demo Phase 1, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—
up to 3,698 lineal meters of waste water utilities;
up to 6,306 lineal meters of storm water utilities; and
two emergency power backup generators;
for construction of Munitions Storage Facilities, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—
up to 4,393 square meters of aircraft support equipment storage yard;
up to 1,535 square meters of tactical missile maintenance facility; and
up to 560 square meters of missile warhead assembly and maintenance shop and storage;
for construction of 53 WEG Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—
up to 1,693 square meters of aircraft maintenance shop;
up to 1,458 square meters of fuel systems maintenance dock; and
up to 3,471 square meters of group headquarters;
for construction of 53 WEG Subscale Drone Facility, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 511 square meters of pilotless aircraft shop in a separate facility;
for construction of CE/Contracting/USACE Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—
up to 557 square meters of base engineer storage shed 6000 area; and
up to 183 square meters of non-Air Force administrative office;
for construction of Logistics Readiness Squadron Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—
up to 802 square meters of supply administrative headquarters;
up to 528 square meters of vehicle wash rack; and
up to 528 square meters of vehicle service rack;
for construction of Fire Station Silver Flag #4, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 651 square meters of fire station;
for construction of AFCEC RDT&E, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—
up to 501 square meters of CE Mat Test Runway Support Building;
up to 1,214 square meters of Robotics Range Control Support Building; and
up to 953 square meters of fire garage;
for construction of Flightline–Munitions Storage, 7000 Area, as specified in the funding table in section 4603 of Public Law 116–92; 133 Stat. 2103), the Secretary of the Air Force may construct—
up to 1,861 square meters of above ground magazines; and
up to 530 square meters of air support equipment shop/storage facility pad;
for construction of Site Development, Utilities and Demo Phase 2, as specified in such funding table and modified by section 2306(a)(6) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283), the Secretary of the Air Force may construct—
up to 5,233 lineal meters of storm water utilities;
up to 48,560 square meters of roads;
up to 3,612 lineal meters of gas pipeline; and
up to 993 square meters of water fire pumping station with an emergency backup generator;
for construction of Tyndall AFB Gate Complexes, as specified in such funding table and modified by section 2306(a)(9) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283), the Secretary of the Air Force may construct—
up to 52,694 square meters of roadway with serpentines; and
up to 20 active/passive barriers;
for construction of Deployment Center/Flight Line Dining/AAFES, as specified in such funding table and modified by section 2306(a)(11) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283), the Secretary of the Air Force may construct up to 144 square meters of AAFES shoppette;
for construction of Airfield Drainage, as specified in such funding table and modified by section 2306(a)(12) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283), the Secretary of the Air Force may construct—
up to 37,357 meters of drainage ditch;
up to 18,891 meters of storm drain piping;
up to 19,131 meters of box culvert;
up to 3,704 meters of concrete block swale;
up to 555 storm drain structures; and
up to 81,500 square meters of storm drain ponds; and
for construction of 325th Fighting Wing HQ Facility, as specified in such funding table and modified by section 2306(a)(13) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283), the Secretary of the Air Force may construct up to 769 square meters of separate administrative space for SAPR/SARC.
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 |
|---|---|---|
| Alabama | Redstone Arsenal | $153,000,000 |
| California | Marine Corps Base Camp Pendleton | $13,600,000 |
| Silver Strand Training Complex | $33,700,000 | |
| Colorado | Buckley Air Force Base | $20,000,000 |
| Georgia | Fort Benning | $62,000,000 |
| Hawaii | Joint Base Pearl Harbor-Hickam | $29,800,000 |
| Maryland | Fort Meade | $1,201,000,000 |
| New Mexico | Kirtland Air Force Base | $8,600,000 |
| Virginia | Fort Belvoir | $29,800,000 |
| Humphries Engineer Center and Support Activity | $36,000,000 | |
| Pentagon | $50,543,000 | |
| Washington | Oak Harbor | $59,000,000 |
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 | Ramstein Air Base | $93,000,000 |
| Japan | Kadena Air Base | $24,000,000 |
| Misawa Air Base | $6,000,000 | |
| United Kingdom | Royal Air Force Lakenheath | $19,283,000 |
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 |
|---|---|---|
| Alabama | Fort Rucker | $24,000,000 |
| California | Marine Corps Air Station Miramar | $4,054,000 |
| Naval Air Weapons Station China Lake-Ridgecrest | $9,120,000 | |
| District of Columbia | Joint Base Anacostia-Bolling | $31,261,000 |
| Florida | MacDill Air Force Base | $22,000,000 |
| Georgia | Fort Benning | $17,593,000 |
| Fort Stewart | $22,000,000 | |
| Naval Submarine Base Kings Bay | $19,314,000 | |
| Guam | Polaris Point Submarine Base | $38,300,000 |
| Idaho | Mountain Home Air Force Base | $33,800,000 |
| Michigan | Camp Grayling | $5,700,000 |
| Mississippi | Camp Shelby | $45,655,000 |
| New York | Fort Drum | $27,000,000 |
| North Carolina | Fort Bragg | $27,169,000 |
| North Dakota | Cavalier Air Force Station | $24,150,000 |
| Ohio | Springfield-Beckley Municipal Airport | $4,700,000 |
| Puerto Rico | Aguadilla | $10,120,000 |
| Fort Allen | $12,190,000 | |
| Tennessee | Memphis International Airport | $4,780,000 |
| Virginia | Fort Belvoir | $365,000 |
| National Geospatial-Intelligence Agency Campus East | $5,299,000 | |
| Pentagon, Mark Center, and Raven Rock Mountain Complex | $2,600,000 |
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 |
|---|---|---|
| Japan | Naval Air Facility Atsugi | $3,810,000 |
| Kuwait | Camp Arifjan | $15,000,000 |
SEC. 2403. Authorization of Appropriations, Defense Agencies.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2404. Extension and Modification of Authority to Carry Out Certain Fiscal Years 2017 and 2019 Projects.
Extension of Fiscal Year 2017 Authorization.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2688), the authorization set forth in the table in paragraph (2), as provided in section 2401 of that Act (130 Stat. 2700), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| Country | Installation | Project | Original Authorized Amount |
|---|---|---|---|
| Japan | Yokota Air Base | Hanger/AMU | $39,466,000 |
Modification of Fiscal Year 2019 Authorization.— In the case of the authorization contained in the table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 133 Stat. 2250) for Kinnick High School in Yokosuka, Japan, as specified in the funding table in section 4601 of such Public Law (133 Stat. 2407), the Secretary of Defense may treat the high school and the field house as a single facility for the purposes of defining the scope of work for the project.
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.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, 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.
Subtitle B Host Country In-Kind Contributions
SEC. 2511. Republic of Korea Funded Construction Projects.
Authority to Accept 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 Humphreys | Unaccompanied Enlisted Personnel Housing | $52,000,000 |
| Army | Camp Humphreys | Type I Aircraft Parking Apron and Parallel Taxiway | $48,000,000 |
| Army | Camp Humphreys | Black Hat Intelligence Fusion Center | $149,000,000 |
| Navy | Mujuk | Expeditionary Dining Facility | $10,200,000 |
| Air Force | Gimhae Air Base | Repair Contingency Hospital | $75,000,000 |
| Air Force | Osan Air Base | Munitions Storage Area Move Delta (Phase 2) | $171,000,000 |
Authorized Approach to Certain Construction Project.— Section 2350k of title 10, United States Code, shall apply with respect to the construction of the Black Hat Intelligence Fusion Center at Camp Humphreys, Republic of Korea, as set forth in the table in subsection (a).
SEC. 2512. Republic of Poland Funded Construction Projects.
Pursuant to agreement with the Republic of Poland for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Poland, and in the amounts, set forth in the following table:
| Component | Installation or Location | Project | Amount |
|---|---|---|---|
| Army | Poznan | Command and Control Facility | $30,000,000 |
| Army | Poznan | Information Systems Facility | $7,000,000 |
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 installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Alabama | Redstone Arsenal | $17,000,000 |
| Connecticut | Army National Guard Readiness Center Putnam | $17,500,000 |
| Georgia | Fort Benning | $13,200,000 |
| Guam | National Guard Readiness Center Barrigada | $34,000,000 |
| Idaho | Jerome National Guard Armory | $15,000,000 |
| Illinois | National Guard Armory Bloomington | $15,000,000 |
| Kansas | Nickell Memorial Armory Topeka | $16,732,000 |
| Louisiana | Camp Minden | $13,800,000 |
| Lake Charles National Guard Readiness Center | $18,500,000 | |
| Maine | Saco National Guard Readiness Center | $21,200,000 |
| Michigan | Camp Grayling | $16,000,000 |
| Mississippi | Camp Shelby | $15,500,000 |
| Montana | Butte Military Entrance Testing Site | $16,000,000 |
| Nebraska | Mead Army National Guard Readiness Center | $11,000,000 |
| North Dakota | Dickinson National Guard Armory | $15,500,000 |
| South Dakota | Sioux Falls National Guard Armory | $15,000,000 |
| Vermont | Bennington National Guard Armory | $16,900,000 |
| Camp Ethan Allen Training Site | $4,665,000 | |
| Virginia | National Guard Armory Troutville | $13,000,000 |
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 installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Michigan | Army Reserve Center Southfield | $12,000,000 |
| Ohio | Wright-Patterson Air Force Base | $19,000,000 |
| Wisconsin | Fort McCoy | $70,600,000 |
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 military construction projects for the Navy Reserve and Marine Corps Reserve installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Michigan | Naval Operational Support Center Battle Creek | $49,090,000 |
| Minnesota | Minneapolis Air Reserve Station | $14,350,000 |
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 installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Alabama | Montgomery Regional Airport | $19,200,000 |
| Sumpter Smith Air National Guard Base | $7,500,000 | |
| Connecticut | Bradley International Airport | $17,000,000 |
| Delaware | New Castle Air National Guard Base | $17,500,000 |
| Idaho | Gowen Field | $6,500,000 |
| Illinois | Abraham Lincoln Capital Airport | $10,200,000 |
| Massachusetts | Barnes Air National Guard Base | $12,200,000 |
| Michigan | Alpena County Regional Airport | $23,000,000 |
| Selfridge Air National Guard Base | $28,000,000 | |
| W. K. Kellogg Regional Airport | $10,000,000 | |
| Mississippi | Jackson International Airport | $9,300,000 |
| New York | Francis S. Gabreski Airport | $14,800,000 |
| Schenectady Municipal Airport | $10,800,000 | |
| Ohio | Camp Perry | $7,800,000 |
| South Carolina | McEntire Joint National Guard Base | $18,800,000 |
| South Dakota | Joe Foss Field | $9,800,000 |
| Texas | Kelly Field Annex | $9,500,000 |
| Washington | Camp Murray Air National Guard Station | $27,000,000 |
| Wisconsin | Truax Field | $44,200,000 |
| Wyoming | Cheyenne Municipal Airport | $13,400,000 |
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 installations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
|---|---|---|
| California | Beale Air Force Base | $33,000,000 |
| Florida | Homestead Air Force Reserve Base | $14,000,000 |
| Patrick Air Force Base | $18,500,000 | |
| Indiana | Grissom Air Reserve Base | $29,000,000 |
| Minnesota | Minneapolis-St. Paul International Airport | $14,000,000 |
| New York | Niagara Falls Air Reserve Station | $10,600,000 |
| Ohio | Youngstown Air Reserve Station | $8,700,000 |
SEC. 2606. Authorization of Appropriations, National Guard and Reserve.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, 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, 2021, 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.
SEC. 2703. Conditions on Closure of Certain Portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado.
Definitions.— In this section:
Covered portion of pueblo chemical depot defined.— The term “covered portion of Pueblo Chemical Depot” means the portion of Pueblo Chemical Depot, Colorado, that has not been declared surplus before the date of the enactment of this Act.
Local redevelopment authority.— The term “Local Redevelopment Authority” means the Local Redevelopment Authority for Pueblo Chemical Depot, as recognized by the Office of Local Defense Community Cooperation.
Submission of Closure and Disposal Plans.—
Plans required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives—
a plan for the closure of the covered portion of Pueblo Chemical Depot upon the completion of the chemical demilitarization mission of the Chemical Agent-Destruction Pilot Plant at Pueblo Chemical Depot; and
a plan for the disposal of all remaining land, buildings, facilities, and equipment of the covered portion of Pueblo Chemical Depot.
Local redevelopment authority role.— In preparing the disposal plan for the covered portion of Pueblo Chemical Depot required by paragraph (1)(B), the Secretary of the Army shall take into account the future role of the Local Redevelopment Authority.
Local Redevelopment Authority Eligibility for Assistance.— The Secretary of Defense, acting through the Office of Local Defense Community Cooperation, may make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist the Local Redevelopment Authority in planning community adjustments and economic diversification required by the closure of Pueblo Chemical Depot and the Chemical Agent-Destruction Pilot Plant if the Secretary determines that the closure is likely to have a direct and significantly adverse consequence on nearby communities.
General Closure, Realignment, and Disposal Prohibition.—
Prohibition; certain recipient excepted.— During the period specified in paragraph (2), the Secretary of the Army shall take no action—
to close or realign the covered portion of Pueblo Chemical Depot or the Chemical Agent-Destruction Pilot Plant; or
to dispose of any surplus land, building, facility, or equipment that comprises any portion of the Chemical Agent-Destruction Pilot Plant other than to the Local Redevelopment Authority.
Duration.— The prohibition imposed by paragraph (1) shall apply until the date on which the Secretary of the Army makes a final closure and disposal decision for the covered portion of Pueblo Chemical Depot following the submission of the closure and disposal plans for the covered portion of Pueblo Chemical Depot required by subsection (b).
Prohibition on Demolition or Disposal Related to Chemical Agent-Destruction Pilot Plant.—
Prohibition; certain recipient excepted.— During the period specified in paragraph (4), the Secretary of the Army may not—
demolish any building, facility, or equipment described in paragraph (2) that comprises any portion of the Chemical Agent-Destruction Pilot Plant; or
dispose of any such building, facility, or equipment declared to be surplus other than to the Local Redevelopment Authority.
Covered buildings, facilities, and equipment.— The prohibition imposed by paragraph (1) shall apply to the following:
Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit where chemical munitions were present, but where contamination did not occur, which are considered by the Secretary of the Army as clean, safe, and acceptable for reuse by the public, after a risk assessment by the Secretary.
Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit that was not contaminated by chemical munitions and that was without the potential to be contaminated, such as office buildings, parts warehouses, or utility infrastructure, which are considered by the Secretary of the Army as suitable for reuse by the public.
Exception to prohibition.— The prohibition imposed by paragraph (1) shall not apply to any building, facility, or equipment otherwise described in paragraph (2) for which the Local Redevelopment Authority provides to the Secretary of the Army a written determination specifying that the building, facility, or equipment is not needed for community adjustment and economic diversification following the closure of the Chemical Agent-Destruction Pilot Plant.
Duration of prohibition.— The prohibition imposed by paragraph (1) shall apply for a period of not less than two years beginning on the date o the enactment of this Act.
TITLE XXVIII Military Construction General Provisions
Subtitle A Military Construction Program Changes
SEC. 2801. Public Availability of Information on Facilities Sustainment, Restoration, and Modernization Projects.
Inclusion of Information on Required Internet Site.— Section 2851(c)(1) of title 10, United States Code, is amended—
by redesignating subparagraph (E) as subparagraph (F);
by adding after subparagraph (D) the following new subparagraph (E):
“(E) Each military department project with a total cost in excess of $15,000,000 for Facilities Sustainment, Restoration, and Modernization.”
; and
in subparagraph (F), as so redesignated, by inserting after “ construction project” the following: “ , military department Facilities Sustainment, Restoration, and Modernization project,”.
Application of Amendments.— Subparagraph (E) of section 2851(c)(1) of title 10, United States Code, as added by subsection (a)(2), and subparagraph (F) of such section, as amended by subsection (a)(3), shall apply with respect to a military department Facilities Sustainment, Restoration, and Modernization project described in such subparagraphs for which an award of a contract or delivery order for the project is made on or after June 1, 2022.
SEC. 2802. Limitations on Authorized Cost and Scope of Work Variations.
Process for Approving Certain Exceptions; Limitations.— Subsections (c) and (d) of section 2853 of title 10, United States Code, are amended to read as follows:
“(c) Exceptions to Limitation on Cost Variations and Scope of Work Reductions.—
(1)
(A) Except as provided in subparagraph (D), the Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve an increase in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost increase in the manner provided in this paragraph.
“(B) The notification required by subparagraph (A) shall—
“(i) identify the amount of the cost increase and the reasons for the increase;
“(ii) certify that the cost increase is sufficient to meet the mission requirement identified in the justification data provided to Congress as part of the request for authorization of the project; and
“(iii) describe the funds proposed to be used to finance the cost increase.
“(C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title.
“(D) The Secretary concerned may not use the authority provided by subparagraph (A)—
“(i) to waive the cost limitation applicable to a military construction project with a total authorized cost greater than $500,000,000 or a military family housing project with a total authorized cost greater than $500,000,000; and
“(ii) to approve an increase in the cost authorized for the project that would increase the project cost by more than 50 percent of the total authorized cost of the project.
“(E) In addition to the notification required by this paragraph, subsection (f) applies whenever a military construction project or military family housing project with a total authorized cost greater than $40,000,000 will have a cost increase of 25 percent or more. Subsection (f) may not be construed to authorize a cost increase in excess of the limitation imposed by subparagraph (D).
“(2)
(A) The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve a decrease in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost decrease not later than 14 days after the date funds are obligated in connection with the project.
“(B) The notification required by subparagraph (A) shall be provided in an electronic medium pursuant to section 480 of this title.
“(3)
(A) The Secretary concerned may waive the limitation on a reduction in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve a scope of work reduction for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this paragraph.
“(B) The notification required by subparagraph (A) shall—
“(i) describe the reduction in the scope of work and the reasons for the decrease; and
“(ii) certify that the mission requirement identified in the justification data provided to Congress can still be met with the reduced scope.
“(C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title.
“(d) Exceptions to Limitation on Scope of Work Increases.—
(1) Except as provided in paragraph (4), the Secretary concerned may waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve an increase in the scope of work for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this subsection.
“(2) The notification required by paragraph (1) shall describe the increase in the scope of work and the reasons for the increase.
“(3) A waiver and approval by the Secretary concerned under paragraph (1) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such paragraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title.
“(4) The Secretary concerned may not use the authority provided by paragraph (1) to waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project and approve an increase in the scope of work for the project that would increase the scope of work by more than 10 percent of the amount specified for the project in the justification data provided to Congress as part of the request for authorization of the project.”
Conforming Amendment Related to Calculating Limitation on Cost Variations.— Section 2853(a) of title 10, United States Code, is amended by striking “ the amount appropriated for such project” and inserting “ the total authorized cost of the project”
in subsection (a), by inserting “ Cost Variations Authorized; Limitation.—” after the enumerator “ (a)”;
in subsection (b), by inserting “ Scope of Work Variations Authorized; Limitation.—” after the enumerator “ (b)”;
in subsection (e), by inserting “ Additional Cost Variation Exceptions.—” after the enumerator “ (e)”;
in subsection (f), by inserting “ Additional Reporting Requirement for Certain Cost Increases.—” after the enumerator “ (f)”; and
in subsection (g), by inserting “ Relation to Other Law.—” after the enumerator “ (g)”.
SEC. 2803. Department of Defense Stormwater Management Projects for Military Installations and Defense Access Roads.
Chapter 169 of title 10, United States Code, is amended by inserting after section 2815 the following new section:
Ҥ 2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation
“(a) Projects Authorized.—The Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of—
“(1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and
“(2) protecting nearby waterways and stormwater-stressed ecosystems.
“(b) Project Methods and Funding Sources.—Using such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a stormwater management project under this section as, or as part of, any of the following:
“(1) An authorized military construction project.
“(2) An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section.
“(3) A military installation resilience project under section 2815 of this title, including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section.
“(4) A defense community infrastructure resilience project under section 2391(d) of this title.
“(5) A construction project under section 2914 of this title.
“(6) A reserve component facility project under section 18233 of this title.
“(7) A defense access road project under section 210 of title 23.
“(c) Project Priorities.—In selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff and ponding or standing water that includes the combination of stormwater runoff and water levels resulting from extreme weather conditions.
“(d) Project Activities.—Activities carried out as part of a stormwater management project under this section may include, but are not limited to, the following:
“(1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures.
“(2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement.
“(3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff.
“(e) Project Coordination.—In the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects.
“(f) Annual Report.—
(1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing—
“(A) the status of planned and active stormwater management projects carried out by that Secretary under this section; and
“(B) all projects completed by the Secretary concerned during the previous fiscal year.
“(2) Each report shall include the following information with respect to each stormwater management project described in the report:
“(A) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate.
“(B) The rationale for how the project will—
“(i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and
“(ii) protect waterways and stormwater-stressed ecosystems.
“(C) Such other information as the Secretary concerned considers appropriate.
“(g) Definitions.—In this section:
“(1) The term ‘defense access road’ means a road certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23.
“(2) The terms ‘facility’ and ‘State’ have the meanings given those terms in section 18232 of this title.
“(3) The term ‘military installation’ includes a facility of a reserve component owned by a State rather than the United States.
“(4) The term ‘military installation resilience’ has the meaning given that term in section 101(e)(8) of this title.
“(5) The term ‘Secretary concerned’ means—
“(A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and
“(B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States.”
SEC. 2804. Use of Amounts Available for Operation and Maintenance in Carrying Out Military Construction Projects for Energy Resilience, Energy Security, or Energy Conservation.
Section 2914 of title 10, United States Code, is amended—
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
by inserting after subsection (b) the following new subsection (c):
“(c) Alternative Funding Source.—
(1) In addition to the authority under section 2805(c) of this title, in carrying out a military construction project for energy resilience, energy security, or energy conservation under this section, the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits to the congressional defense committees a notification of the decision to carry out the project using such amounts and includes in the notification—
“(A) the current estimate of the cost of the project;
“(B) the source of funds for the project; and
“(C) a certification that deferring the project pending the availability of funds appropriated for or otherwise made available for military construction would be inconsistent with the timely assurance of energy resilience, energy security, or energy conservation for one or more critical national security functions.
“(2) A project carried out under this section using amounts under paragraph (1) may be carried out only after the end of the seven-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title.
“(3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $100,000,000.”
SEC. 2805. Flood Risk Management for Military Construction.
Further Modification of Department of Defense Form 1391.— 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 “ or a 500-year floodplain if outside a 100-year floodplain” after “ 100-year floodplain”; and
in subparagraph (B), by striking “ 100-year floodplain” and inserting “ floodplain described in subparagraph (A)”.
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 subparagraph (A), by inserting before the period at the end the following: “ using hydrologic, hydraulic, and hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science over the anticipated service life of the facility and future forecasted land use changes”; and
in subparagraph (D), by inserting after “ future” the following: “ flood risk and”.
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 subparagraphs (A) and (B), by striking “ buildings” and inserting “ facilities”; and
in subparagraph (C), by inserting after “ future” the following: “ flood risk and”.
Conforming Amendment of Unified Facilities Criteria.—
Amendment required.— Not later than September 1, 2022, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the minimum flood mitigation requirements of 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), as amended by this section.
Implementation of unified facilities criteria amendments.—
Implementation.— Any Department of Defense Form 1391 submitted to Congress after September 1, 2022, shall comply with the Unified Facilities Criteria, as amended pursuant to paragraph (1).
Certification.— Not later than March 1, 2023, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate the completion of the amendment process required by paragraph (1) and the full incorporation of the amendments into military construction planning and design.
SEC. 2806. Modification and Extension of Temporary, Limited Authority to Use Operation and Maintenance Funds for Construction Projects in Certain Areas Outside the United States.
Two-year Extension of Authority.— Subsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2806(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283), is further amended—
in paragraph (1), by striking “ December 31, 2021” and inserting “ December 31, 2023”; and
paragraph (2), by striking “ fiscal year 2022” and inserting “ fiscal year 2024”.
Continuation of Limitation on Use of Authority.— Subsection (c)(1) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by subsections (b) and (c) of section 2806 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283), is further amended—
by striking subparagraphs (A) and (B);
by redesignating subparagraph (C) as subparagraph (A); and
by adding at the end the following new subparagraphs:
“(B) The period beginning October 1, 2021, and ending on the earlier of December 31, 2022, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2023.
“(C) The period beginning October 1, 2022, and ending on the earlier of December 31, 2023, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2024.”
Establishment of Project Monetary Limitation.— Subsection (c) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723) is amended by adding at the end the following new paragraph:
“(3) The total amount of operation and maintenance funds used for a single construction project carried out under the authority of this section shall not exceed $15,000,000. The Secretary of Defense may waive this limitation on a project-by-project basis. This waiver authority may not be delegated.”
Modification of Notice and Wait Requirement.— Subsection (b) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723) is amended—
by striking “ 10-day period” and inserting “ 14-day period”; and
by striking “ or, if earlier, the end of the 7-day period beginning on the date on which” and inserting “ , including when”.
Subtitle B Continuation of Military Housing Reforms
SEC. 2811. Modification of Calculation of Military Housing Contractor Pay for Privatized Military Housing.
Section 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2871 note), as amended by section 3036 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1938) and section 2811(i) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283), is further amended—
in paragraph (1)(B)—
by striking “ 2.5 percent” and inserting “ 50 percent”; and
by striking “ section 403(b)(3)(A)(i)” and inserting “ section 403(b)(3)(A)(ii)”; and
in paragraph (2)(B)—
by striking “ 2.5 percent” and inserting “ 50 percent”; and
by striking “ section 403(b)(3)(A)(i)” and inserting “ section 403(b)(3)(A)(ii)”.
SEC. 2812. Applicability of Window Fall Prevention Requirements to All Military Family Housing Whether Privatized or Government-Owned and Government-Controlled.
Transfer of Window Fall Prevention Section to Military Family Housing Administration Subchapter.— Section 2879 of title 10, United States Code—
is transferred to appear after section 2856 of such title; and
is redesignated as section 2857.
Applicability of Section to All Military Family Housing.— Section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a), is amended—
in subsection (a)(1), by striking “ acquired or constructed under this chapter”;
in subsection (b)(1), by striking “ acquired or constructed under this chapter”; and
by adding at the end the following new subsection:
“(e) Applicability to All Military Family Housing.—This section applies to military family housing under the jurisdiction of the Department of Defense and military family housing acquired or constructed under subchapter IV of this chapter.”
Implementation Plan.— In the report required to be submitted in 2022 pursuant to subsection (d) of section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a) and amended by subsection (b), the Secretary of Defense shall include a plan for implementation of the fall protection devices described in subsection (a)(3) of such section as required by such section.
Limitation on Use of Funds Pending Submission of Overdue Report.— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Assistant Secretary of Defense for Energy, Installations, and Environment, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense certifies to the congressional defense committees that—
the independent assessment required by section 2817(b) of the Military Construction Authorization Act of 2018 (division B of Public Law 115–91; 131 Stat. 1852) has been initiated; and
the Secretary expects the report containing the results of the assessment to be submitted to the congressional defense committees by February 1, 2023.
SEC. 2813. Applicability of Disability Laws to Privatized Military Housing Units and Clarification of Prohibition Against Collection from Tenants of Amounts in Addition to Rent.
by redesignating subsection (g) as subsection (h); and
by inserting after subsection (f) the following new subsection (g):
“(g) Applicability of Disability Laws.—For purposes of this subchapter and subchapter IV of this chapter, housing units shall be considered as military family housing for purposes of application of Department of Defense policy implementing section 804 of the Fair Housing Act (42 U.S.C. 3604) and title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181 et seq.).”
Clarification of Prohibition.—
Treatment of reasonable modification and accommodation requirements.— Section 2891a(e) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(3)
(A) Costs incurred to reasonably modify or upgrade a housing unit to comply with standards addressing discrimination against an individual with a disability established pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or to meet the reasonable modification and accommodation requirements of section 804 of the Fair Housing Act (42 U.S.C. 3604) and in order to facilitate occupancy of a housing unit by an individual with a disability, may not be considered optional services under paragraph (2)(A)(i) or another exception to the prohibition in paragraph (1) against collection from tenants of housing units of amounts in addition to rent.
“(B) In subparagraph (A), the term ‘disability’ has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).”
Applicability of requirements.— Subsection (e)(3) of section 2891a of title 10, United States Code, as added by paragraph (1), shall apply to contracts described in subsection (a) of such section entered into on or after the date of the enactment of this Act.
SEC. 2814. Required Investments in Improving Military Unaccompanied Housing.
Investments in Military Unaccompanied Housing.— Of the total amount authorized to be appropriated by the National Defense Authorization Act for a covered fiscal year for Facilities Sustainment, Restoration, and Modernization activities of a military department, the Secretary of that military department shall reserve an amount equal to five percent of the estimated replacement cost of the total inventory of unaccompanied housing under the jurisdiction of that Secretary for the purpose of carrying out projects for the improvement of military unaccompanied housing.
Definitions.— In this section:
The term “military unaccompanied housing” means military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents.
The term “replacement cost”, with respect to military unaccompanied housing, means the amount that would be required to replace the remaining service potential of that military unaccompanied housing.
Duration of Investment Requirement.— The requirement in subsection (a) shall apply for fiscal years 2022 through 2026.
SEC. 2815. Improvement of Security of Lodging and Living Spaces on Military Installations.
Assessment.— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment of all on-base dormitories and barracks at military installations for purposes of identifying—
locking mechanisms on points of entry into the main facility, including doors and windows, or interior doors leading into private sleeping areas that require replacing or repairing;
areas, such as exterior sidewalks, entry points, and other public areas where closed-circuit television security cameras should be installed; and
other passive security measures, such as additional lighting, that may be necessary to prevent crime, including sexual assault.
Emergency Repairs.— The Secretary of Defense shall make any necessary repairs of broken locks or other safety mechanisms discovered during the assessment conducted under subsection (a) not later than 30 days after discovering the issue.
Report.—
In general.— Not later than 270 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 results of the assessment conducted under subsection (a).
Elements.— The report under paragraph (1) shall include—
a cost estimate to make any improvements recommended pursuant to the assessment under subsection (a), disaggregated by military department and installation; and
an estimated schedule for making such improvements.
SEC. 2816. Improvement of Department of Defense Child Development Centers and Increased Availability of Child Care for Children of Military Personnel.
Safety Inspection of Child Development Centers.— Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall complete an inspection of all facilities under the jurisdiction of that Secretary used as a child development center to identify any unresolved safety issues, including lead, asbestos, and mold, that adversely impact the facilities.
Briefing on Results of Safety Inspections and Remediation Plans.—
Briefing required.— Not later than March 1, 2022, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the safety inspections conducted of child development centers under the jurisdiction of that Secretary.
Required elements of briefing.— In the briefing required by paragraph (1), the Secretary of a military department shall provide the following:
A list of any child development centers under the jurisdiction of that Secretary considered to be in poor or failing condition. In the case of each child development center included on this list, the Secretary shall provide a remediation plan for the child development center, which shall include the following elements:
An estimate of the funding required to complete the remediation plan.
The Secretary’s funding strategy to complete the remediation plan.
Any additional statutory authorities the Secretary needs to complete the remediation plan
A list of life-threatening and non-life-threatening violations during the previous three years recorded at child development centers under the jurisdiction of that Secretary that are not included on the list required by subparagraph (A), which shall include the name of the installation where the violation occurred and date of inspection.
A list of what that Secretary considers a life-threatening and non-life-threatening violation, including with regard to the presence of lead, asbestos, and mold.
A list of how often the 90-day remediation requirement has been waived and the name of each child development center under the jurisdiction of that Secretary at which a waiver was granted.
Data on child development center closures under the jurisdiction of that Secretary due to a non-life-threatening violation not remedied within 90 days.
An additional plan to conduct preventive maintenance on other child development centers under the jurisdiction of that Secretary to prevent additional child development centers from degrading to poor or failing condition.
Partnerships Encouraged for Child Care for Children of Military Personnel.— Beginning one year after the date of the enactment of this Act, and pursuant to such regulations as the Secretary of Defense may prescribe, each Secretary of a military department is encouraged to enter into agreements with public and private entities to provide child care to the children of personnel (including members of the Armed Forces and civilian employees of the Department of Defense) under the jurisdiction of that Secretary.
Annual Status Updates.— Not later than 18 months after the date of the enactment of this Act, and every 12 months thereafter, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives on the progress made by that Secretary—
in implementing the child development center remediation plans required by subsection (b)(2)(A) for child development centers under the jurisdiction of that Secretary considered to be in “poor” or “failing” condition, including details about projects planned, funded, under construction, and completed under the plans;
in conducting preventive maintenance on other child development centers under the jurisdiction of that Secretary pursuant to the preventive maintenance plan required by subsection (b)(2)(F); and
in entering into partnerships encouraged by subsection (c), including with regard to each partnership—
the terms of the agreement, including cost to the United States;
the number of children described in such subparagraph projected to receive child care under the partnership; and
if applicable, the actual number of such children who received child care under the partnership during the previous year.
Child Development Center Defined.— In this section, the term “child development center” has the meaning given that term in section 2871(2) of title 10, United States Code, and includes facilities identified as a child care center or day care center.
Subtitle C Real Property and Facilities Administration
SEC. 2821. Secretary of the Navy Authority to Support Development and Operation of National Museum of the United States Navy.
Chapter 861 of title 10, United States Code, is amended by inserting after section 8616 the following new section:
Ҥ 8617. National Museum of the United States Navy
“(a) Authority to Support Development and Operation of Museum.—
(1) The Secretary of the Navy may select and enter into a contract, cooperative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United States Navy.
“(2) The Secretary may—
“(A) authorize a partner organization to contract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or
“(B) authorize acceptance of funds from a partner organization for each or all such phases.
“(b) Purposes of Museum.—
(1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by the Secretary of the Navy.
“(2) The museum also may be used to support such education, training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the mission of the Naval History and Heritage Command.
“(c) Acceptance Upon Completion.—Upon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the museum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the partner organization, and all right, title, and interest in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum.
“(d) Lease Authority.—
(1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in generating revenue for the support of activities of the museum and for such administrative purposes as may be necessary for support of the museum. Such a lease may not include any part of the collection of the museum.
“(2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in-kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum.
“(e) Authority to Accept Gifts.—
(1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection.
“(2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, whether or not the contribution is subject to the condition that the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards.
“(3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record.
“(4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the museum.
“(f) Additional Terms and Conditions.—The Secretary of the Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d) as the Secretary considers appropriate to protect the interests of the United States.
“(g) Use of Navy Indicators.—
(1) In a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d), the Secretary of the Navy may authorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organization to enter into licensing, marketing, and sponsorship agreements relating to Navy indicators, including the manufacture and sale of merchandise for sale by the museum, subject to the approval of the Department of the Navy.
“(2) No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the Navy indicator would compromise the integrity or appearance of integrity of any program of the Department of the Navy.
“(h) Definitions.—In this section:
“(1) The term ‘eligible nonprofit organization’ means an entity that—
“(A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and
“(B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy.
“(2) The term ‘museum’ means the National Museum of the United States Navy, including its facilities and grounds.
“(3) The term ‘Navy indicator’ includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term ‘National Museum of the United States Navy’.
“(4) The term ‘partner organization’ means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d).”
SEC. 2822. Expansion of Secretary of the Navy Authority to Lease and License United States Navy Museum Facilities to Generate Revenue to Support Museum Administration and Operations.
Inclusion of Additional United States Navy Museums.— Section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3530) is amended—
in subsection (a)—
by striking the text preceding paragraph (1) and inserting “ The Secretary of the Navy may lease or license any portion of the facilities of a United States Navy museum to a foundation established to support that museum for the purpose of permitting the foundation to carry out the following activities:”; and
in paragraphs (1) and (2), by striking “ the United States Navy Museum” and inserting “ that United States Navy museum”;
in subsection (b), by striking “ the United States Navy Museum” and inserting “ the United States Navy museum of which the facility is a part”;
in subsection (c), by striking “ the Naval Historical Foundation” and inserting “ a foundation described in subsection (a)”; and
in subsection (d)—
by striking “ the United States Navy Museum” and inserting “ the applicable United States Navy museum”; and
by striking “ the Museum” and inserting “ that museum”.
United States Navy Museum Defined.— Section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3530) is amended by adding at the end the following new subsection:
“(f) United States Navy Museum.—In this section, the term ‘United States Navy museum’ means a museum under the jurisdiction of the Secretary of Defense and operated through the Naval History and Heritage Command.”
Conforming Clerical Amendment.— The heading of section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3530) is amended by striking “ at washington, navy yard, district of columbia”.
Subtitle D Military Facilities Master Plan Requirements
SEC. 2831. Cooperation with State and Local Governments in Development of Master Plans for Major Military Installations.
Section 2864(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(3)
(A) The commander of a major military installation shall develop and update the master plan for that major military installation in consultation with representatives of the government of the State in which the installation is located and representatives of local governments in the vicinity of the installation to improve cooperation and consistency between the Department of Defense and such governments in addressing each component of the master plan described in paragraph (1).
“(B) The consultation required by subparagraph (A) is in addition to the consultation specifically required by subsection (b)(1) in connection with the transportation component of the master plan for a major military installation.”
SEC. 2832. Additional Changes to Requirements Regarding Master Plans for Major Military Installations.
Consideration of Military Installation Resilience.— Section 2864(a)(2)(E) of title 10, United States Code, is amended by inserting before the period at the end the following: “ and military installation resilience”.
Coordination Efforts Related to Military Installation Resilience Component.— Section 2864(c) of title 10, United States Code, is amended—
by redesignating paragraph (7) as paragraph (8); and
by inserting after paragraph (6) the following new paragraph:
“(7) Extent of current coordination efforts and plans for additional coordination, 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).”
Cross Reference to Definition of Military Installation Resilience.— Section 2864(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(6) The term ‘military installation resilience’ has the meaning given that term in section 101(e) of this title.”
SEC. 2833. Prompt Completion of Military Installation Resilience Component of Master Plans for At-Risk Major Military Installations.
Identification of At-Risk Installations.— Not later than 30 days after the date of the enactment of this Act, each Secretary of a military department shall—
identify at least two major military installations under the jurisdiction of that Secretary that the Secretary considers at risk from extreme weather events; and
notify the Committees on Armed Services of the Senate and the House of Representatives of the major military installations identified under paragraph (1).
Completion Deadline.— Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall ensure that the military installation resilience component of the master plan for each major military installation identified by the Secretary under subsection (a) is completed.
Briefings.— Not later than 60 days after completion of a master plan component as required by subsection (b) for a major military installation, the Secretary of the military department concerned shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the master plan efforts for that major military installation.
Definitions.— In this section:
The term “major military installation” has the meaning given that term in section 2864(f) of title 10, United States Code.
The term “master plan” means the master plan required by section 2864(a) of title 10, United States Code, for a major military installation.
SEC. 2834. Master Plans and Investment Strategies for Army Ammunition Plants Guiding Future Infrastructure, Facility, and Production Equipment Improvements.
Submission of Master Plans and Investment Strategies.— Not later than March 31, 2022, the Secretary of the Army shall submit to the congressional defense committees a report containing the following:
The master plan for each of the ammunition organic industrial base production facilities under the jurisdiction of the Secretary of the Army (in this section referred to as an “ammunition production facility”) that was developed to guide planning and budgeting for future infrastructure construction, facility improvements, and production equipment needs at the ammunition production facility.
An investment strategy to address the facility, major equipment, and infrastructure requirements at each ammunition production facility in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense.
Elements of Master Plan.— To satisfy the requirements of subsection (a)(1), the master plan for an ammunition production facility must incorporate the results of a review of industrial processes, logistics streams, and workload distribution required to support production objectives and the facility requirements to support optimized processes and include the following specific elements:
A description of all infrastructure construction and facility improvements planned or being considered for the ammunition production facility and production equipment planned or being considered for installation, modernization, or replacement.
An explanation of how the master plan for the ammunition production facility will promote efficient, effective, resilient, secure, and cost-effective production of ammunition and ammunition components for the Armed Forces.
A description of how development of the master plan for the ammunition production facility included input from the contractor operating the ammunition production facility and how implementation of that master plan will be coordinated with the contractor.
A review of current and projected workload requirements for the manufacturing of energetic materials, including propellants, explosives, pyrotechnics, and the ingredients for propellants, explosives, and pyrotechnics, to assess efficiencies in the use of existing facilities, including consideration of new weapons characteristics and requirements, obsolescence of facilities, siting of facilities and equipment, and various constrained process flows.
An analysis of life-cycle costs to repair and modernize existing mission-essential facilities versus the cost to consolidate functions into modern, right-sized facilities at each location to meet current and programmed future mission requirements.
A review of the progress made in prioritizing and funding projects that facilitate process efficiencies and consolidate and contribute to availability cost and schedule reductions.
An accounting of the backlog of restoration and modernization projects at the ammunition production facility.
Elements of Investment Strategy.— To satisfy the requirements of subsection (a)(2), the investment strategy for an ammunition production facility must include the following specific elements:
A description of the funding sources for such infrastructure construction, facility improvements, and production equipment, including authorized military construction projects, appropriations available for operation and maintenance, and appropriations available for procurement of Army ammunition in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense.
A timeline to complete the investment strategy.
A list of projects and a brief scope of work for each such project.
Cost estimates necessary to complete projects for mission essential facilities.
Annual Updates.— Not later than March 31, 2023, and each March 31 thereafter through March 31, 2026, the Secretary of the Army shall submit to the congressional defense committees a report containing the following:
A description of any revisions made during the previous year to master plans and investment strategies submitted under subsection (a).
A description of any revisions to be made or being considered to the master plans and investment strategies.
An explanation of the reasons for each revision, whether made, to be made, or being considered.
A description of the progress made in improving infrastructure, facility, and production equipment at each ammunition production facility consistent with the master plans and investment strategies.
Delegation Authority.— The Secretary of the Army shall carry out this section acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology.
Subtitle E Matters Related to Unified Facilities Criteria and Military Construction Planning and Design
SEC. 2841. Amendment of Unified Facilities Criteria to Require Inclusion of Private Nursing and Lactation Space in Certain Military Construction Projects.
Amendment Required.— The Secretary of Defense shall amend UFC 1–4.2 (Nursing and Lactation Rooms) of the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that military construction planning and design for buildings likely to be regularly frequented by nursing mothers who are members of the uniformed services, civilian employees of the Department of Defense, contractor personnel, or visitors include a private nursing and lactation room or other private space suitable for that purpose.
Deadline.— The Secretary of Defense shall complete the amendment process required by subsection (a) and implement the amended UFC 1–4.2 not later than one year after the date of the enactment of this Act.
SEC. 2842. Revisions to Unified Facilities Criteria Regarding Use of Variable Refrigerant Flow Systems.
Publication and Comment Period Requirements.— The Under Secretary of Defense for Acquisition and Sustainment shall publish any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems in the Federal Register and shall specify a comment period of at least 60 days.
Notice and Justification Requirements.— The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notice and justification for any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems not later than 30 days after the date of publication in the Federal Register.
SEC. 2843. Amendment of Unified Facilities Criteria to Promote Energy Efficient Military Installations.
Unified Facilities Criteria Amendment Required.— To the extent practicable, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019.
Implementation of Amendment.— The Secretary of Defense shall complete the amendment process required by subsection (a) in a timely manner so that any Department of Defense Form 1391 submitted to Congress in connection with the budget submission for fiscal year 2024 and thereafter complies with the Unified Facilities Criteria, as amended pursuant to such subsection.
Reporting Requirement.— Not later than February 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report—
describing the extent to which the Unified Facilities Criteria, as amended pursuant to subsection (a), incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019, as required by such subsection; and
in the case of any instance in which the Unified Facilities Criteria continues to deviate from such consensus-based codes and standards for energy efficiency and conservation, identifying the deviation and explaining the reasons for the deviation.
SEC. 2844. Additional Department of Defense Activities to Improve Energy Resiliency of Military Installations.
Consideration of Including Energy Microgrid in Military Construction Projects.—
Amendment of unified facilities criteria required.— The Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that planning and design for military construction projects inside the United States include consideration of the feasibility and cost-effectiveness of installing an energy microgrid as part of the project, including intentional islanding capability of at least seven consecutive days, for the purpose of—
promoting on-installation energy security and energy resilience; and
facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10, United States Code, as added and amended by section 2825 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283).
Deadline.— The Secretary of Defense shall complete the amendment process required by paragraph (1) and implement the amendment not later than September 1, 2022.
Contracts for Emergency Access to Existing On-installation Renewable Energy Sources.— In the case of a covered renewable energy generating source located on a military installation pursuant to a lease of non-excess defense property under section 2667 of title 10, United States Code, the Secretary of the military department concerned is encouraged to negotiate with the owner and operator of the renewable energy generating source to revise the lease contract to permit the military installation to access the renewable energy generating source during an emergency. The negotiations shall include consideration of the ease of modifying the renewable energy generating source to include an islanding capability, the necessity of additional infrastructure to tie the renewable energy generating source into the installation energy grid, and the cost of such modifications and infrastructure.
Definitions.— In this section:
The term “covered renewable energy generating source” means a renewable energy generating source that, on the date of the enactment of this Act—
is located on a military installation inside the United States; but
cannot be used as a direct source of resilient energy for the installation in the event of a power disruption.
The term “islanding capability” refers to the ability to remove an energy system, such as a microgrid, from the local utility grid and to operate the energy system, at least temporarily, as an integrated, stand-alone system, during an emergency involving the loss of external electric power supply.
The term “microgrid” means an integrated energy system consisting of interconnected loads and energy resources with an islanding capability to permit functioning separate from the local utility grid.
Subtitle F Land Conveyances
SEC. 2851. Modification of Restrictions on Use of Former Navy Property Conveyed to University of California, San Diego, California.
Modification of Original Use Restriction.— Section 3(a) of Public Law 87–662 (76 Stat. 546) is amended by inserting after “ educational purposes” the following: “ , which may include technology innovation and entrepreneurship programs and establishment of innovation incubators”.
Execution.— If necessary to effectuate the amendment made by subsection (a), the Secretary of the Navy shall execute and file in the appropriate office an amended deed or other appropriate instrument reflecting the modification of restrictions on the use of former Camp Matthews conveyed to the regents of the University of California pursuant to Public Law 87–662.
SEC. 2852. Land Conveyance, Joint Base Cape Cod, Bourne, Massachusetts.
Conveyance Authorized.— The Secretary of the Air Force may convey to the Commonwealth of Massachusetts (in this section referred to as the “Commonwealth”) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon and related easements, consisting of approximately 10 acres located on Joint Base Cape Cod, Bourne, Massachusetts.
Conditions of Conveyance.— The conveyance under subsection (a) shall be subject to valid existing rights and the Commonwealth shall accept the real property, and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance “as is”).
Consideration.—
Consideration required.— As consideration for the conveyance under subsection (a), the Commonwealth shall pay to the United States an amount equal to the fair market value of the right, title, and interest conveyed under subsection (a) based on an appraisal approved by the Secretary.
Treatment of consideration received.— Consideration received under paragraph (1) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Air Force shall require the Commonwealth to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Commonwealth in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Commonwealth.
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 or, if the period of availability for obligations for that appropriation has expired, to an appropriate fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Description of Property.— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force.
Additional Terms and Conditions.— The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2853. Land Conveyance, Saint Joseph, Missouri.
Conveyance Authorized.— At such time as the Missouri Air National Guard vacates their existing location on the southern end of the airfield at Rosecrans Memorial Airport in Saint Joseph, Missouri, as determined by the Secretary of the Air Force, the Secretary may convey to the City of Saint Joseph, Missouri (in this section referred to as the “City”), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 54 acres at the Rosecrans Air National Guard Base in Saint Joseph, Missouri, for the purpose of removing the property from the boundaries of the Rosecrans Air National Guard Base and accommodating the operations and maintenance needs of the Rosecrans Memorial Airport as well as the development of the parcels and buildings for economic purposes.
Condition of Conveyance.— The conveyance under subsection (a) shall be subject to valid existing rights and the City shall accept the real property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance “as is”).
Consideration.—
Requirement.— As consideration for the conveyance of the property under subsection (a), the City shall provide the United States an amount that is equivalent to the fair market value of the right, title, and interest conveyed under subsection (a) based on an appraisal approved by the Secretary of the Air Force.
Types of consideration.—
In general.— Except as provided in subparagraph (B), the consideration required to be provided under paragraph (1) may be provided by land exchange, in-kind consideration described in subparagraph (D), or a combination thereof.
Less than fair market value.— If the value of the land exchange or in-kind consideration provided under subparagraph (A) is less than the fair market value of the property interest to be conveyed under subsection (a), the City shall pay to the United States an amount equal to the difference between the fair market value of the property interest and the value of the consideration provided under subparagraph (A).
Cash consideration.— Any cash consideration received by the United States under this subsection shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and available in accordance with the provisions of subparagraph (B)(ii) of such section.
In-kind consideration.— In-kind consideration described in this subparagraph may include the construction, provision, improvement, alteration, protection, maintenance, repair, or restoration (including environmental restoration), or a combination thereof, of any facilities or infrastructure relating to the needs of the Missouri Air National Guard at Rosecrans Air National Guard Base that the Secretary considers appropriate.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Air Force may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City.
Treatment of amounts received.— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account 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.
Additional Terms and Conditions.— The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2854. Land Conveyance, Department of Defense Excess Property, St. Louis, Missouri.
Conveyance to Land Clearance for Redevelopment Authority of the City of St. Louis.—
Conveyance authorized.— The Secretary of the Air Force may convey to the Land Clearance for Redevelopment Authority of the City of St. Louis (in this section referred to as the “Authority”) all right, title, and interest of the United States in and to a parcel of real property, including all improvements thereon, consisting of approximately 24 acres located at 3200 S. 2nd Street, St. Louis, Missouri, for purpose of permitting the Authority to redevelop the property.
Limitation.— The Secretary may convey to the Authority only that portion of the parcel of real property described in paragraph (1) that is declared excess to the needs of the Department of Defense.
Consideration.—
Consideration required.— As consideration for the conveyance under subsection (a), the Authority shall pay to the Secretary of the Air Force an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof.
In-kind consideration.— In-kind consideration provided by the Authority under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs that the Secretary considers acceptable.
Terms of Conveyance.—
Instrument of conveyance; acceptance.— The conveyance under subsection (a) shall be subject to valid existing rights and shall be accomplished using a quitclaim deed or other legal instrument.
Conditions.—
In general.— Subject to paragraph (3), the Authority shall accept the real property conveyed under subsection (a), and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance “as is”).
Environmental conditions.— The conveyance under subsection (a) may include conditions, restrictions, or covenants related the environmental condition of the conveyed property, which shall not adversely interfere with the use of existing structures and the development of the property for commercial or industrial uses.
Historical property conditions.— The conveyance under subsection (a) may include conditions, restrictions, or covenants to ensure preservation of historic property, notwithstanding the effect such conditions, restrictions, or covenants may have on reuse of the property.
Conduct of remediation.—
In general.— The Secretary of the Air Force shall conduct all remediation at the real property conveyed under subsection (a) pursuant to approved activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Defense Environmental Restoration Program under section 2701 of title 10, United States Code.
Completion of remediation.— The Secretary shall complete all remediation at the parcel of land conveyed under subsection (a) in accordance with the requirements selected in the Record of Decision, Scott Air Force Base Environmental Restoration Program Site SS018, National Imagery and Mapping Agency, Second Street, dated August 2019.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Air Force shall require the Authority to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Authority.
Treatment of amounts received.— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Relation to Other Laws.—
Historic preservation.— The conveyance under subsection (a) shall be carried out in compliance with division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act).
Rule of construction.— Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
Description of Property.— The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force.
Additional Terms and Conditions.— The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2855. Land Conveyance, Marine Corps Air Station, Cherry Point, North Carolina.
Conveyance Authorized.— The Secretary of the Navy may convey to the City of Havelock, North Carolina (in this section referred to as the “City”), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 30 acres, known as the former Fort Macon Housing Area, located within the City limits.
Interim Lease.— Until such time as the real property described in subsection (a) is conveyed to the City, the Secretary of the Navy may lease the property to the City for 20 years.
Consideration.—
In general.— As consideration for the conveyance under subsection (a) and interim lease under subsection (b), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof.
In-kind consideration.— In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Marine Corps Air Station Cherry Point, North Carolina, that the Secretary considers acceptable.
Disposition of amounts.—
Conveyance.— Amounts received by the Secretary in exchange for the fee title of the real property described in subsection (a) shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and shall be available in accordance with subparagraph (B)(ii) of such section.
Interim lease.— Amounts received by the Secretary for the interim lease of the real property described in subsection (a) shall be deposited in the special account in the Treasury established for the Secretary under subsection (e) of section 2667 of title 10, United States Code, and shall be available for use in accordance with paragraph (1)(D) of such subsection.
Payment of Costs of Conveyance.—
In general.— The Secretary of the Navy shall require the City to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a) and interim lease under subsection (b), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance.
Refund of excess amounts.— If amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a) and interim lease under subsection (b), the Secretary shall refund the excess amount to the City.
Condition of Conveyance.— Conveyance of real property shall be subject to all existing easements, restrictions, and covenants of record and conditioned upon the following:
Real property shall be used for municipal park and recreational purposes, which may include ancillary uses such as vending and restrooms.
The City shall not use Federal funds to cover any portion of the amounts required by subsections (c) and (d) to be paid by the City.
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 Navy.
Exclusion of Requirements for Prior Screening by General Services Administration for Additional Federal Use.— Section 2696(b) of title 10, United States Code, does not apply to the conveyance of real property authorized under subsection (a).
Additional Terms.— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2856. Land Conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia.
Conveyance Authorized.—
In general.— The Secretary of the Navy may convey to the City of Virginia Beach, Virginia (in this section referred to as the “City”), all right, title, and interest of the United States in and to a parcel of real property located at 4200 C Avenue, Virginia Beach, Virginia, including any improvements thereon, consisting of approximately 8 acres.
Authority to void land use restrictions.— The Secretary may void any land use restrictions associated with the property to be conveyed under paragraph (1).
Consideration.—
In general.— As consideration for the conveyance under subsection (a)(1), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described in paragraph (2), or a combination thereof.
In-kind consideration.— In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Naval Air Station Oceana, Virginia, that the Secretary considers acceptable.
Disposition of funds.— Cash received in exchange for the fee title of the property conveyed under subsection (a)(1) shall be deposited in the special account in the Treasury established under subparagraph (A) of section 572(b)(5) of title 40, United States Code, and shall be available for use in accordance with subparagraph (B)(ii) of such section.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Navy shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a)(1), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance.
Refund of excess amounts.— If amounts are collected under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a)(1), the Secretary shall refund the excess amount to the City.
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)(1). Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Description of Property.— The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a)(1) shall be determined by a survey satisfactory to the Secretary of the Navy.
Additional Terms and Conditions.— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a)(1) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2857. Land Conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia.
Conveyance Authorized.—
In general.— The Secretary of the Navy may convey to the School Board of the City of Virginia Beach, Virginia (in this section referred to as “VBCPS”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.77 acres at Naval Air Station Oceana, Virginia Beach, Virginia, located at 121 West Lane (GPIN: 2407-94-0772) for the purpose of permitting VBCPS to use the property for educational purposes.
Continuation of existing easements, restrictions, and covenants.— The conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act.
Consideration.—
Consideration required; amount.— As consideration for the conveyance under subsection (a), VBCPS shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property to be conveyed, as determined by the Secretary. The Secretary’s determination of fair market value shall be final of the property to be conveyed.
Form of consideration.— The consideration required by paragraph (1) may be in the form of a cash payment, in-kind consideration as described in paragraph (3), or a combination thereof, as acceptable to the Secretary. Cash consideration shall be deposited in the special account in the Treasury established under section 572 of title 40, United States Code, and the entire amount deposited shall be available for use in accordance with subsection (b)(5)(ii) of such section.
In-kind consideration.— The Secretary may accept as in-kind consideration under this subsection the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or the delivery of services, relating to the needs of Naval Air Station Oceana.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Navy shall require VBCPS to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to VBCPS.
Treatment of amounts received.— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Limitation on Source of Funds.— VBCPS may not use Federal funds to cover any portion of the costs required by subsections (b) and (c) to be paid by VBCPS.
Description of Property.— The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
Additional Terms and Conditions.— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Subtitle G Authorized Pilot Programs
SEC. 2861. Pilot Program on Increased Use of Sustainable Building Materials in Military Construction.
Pilot Program Required.— Each Secretary of a military department shall conduct a pilot program to evaluate the effect that the use of sustainable building materials as the primary construction material in military construction may have on the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of military construction.
Project Selection and Locations.—
Minimum number of projects.— Each Secretary of a military department shall carry out at least one military construction project under the pilot program.
Project locations.— The pilot program shall be conducted at military installations in the continental United States—
that are identified as vulnerable to extreme weather events; and—
for which a military construction project is authorized but a request for proposal has not been released.
Inclusion of Military Unaccompanied Housing Project.— The Secretaries of the military departments shall coordinate the selection of military construction projects to be carried out under the pilot program so that at least one of the military construction projects involves construction of military unaccompanied housing.
Duration of Program.— The authority of the Secretary of a military department to carry out a military construction project under the pilot program shall expire on September 30, 2024. Any construction commenced under the pilot program before the expiration date may continue to completion.
Reporting Requirement.—
Report required.— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2024, the Secretaries of the military departments shall submit to the congressional defense committees a report on the progress of the pilot program.
Report elements.— The report shall include the following:
A description of the status of the military construction projects selected to be conducted under the pilot program.
An explanation of the reasons why those military construction projects were selected.
An analysis of the following:
The projected or actual carbon footprint over the full life cycle of the various sustainable building materials evaluated in the pilot program.
The life cycle costs of the various sustainable building materials evaluated in the pilot program.
The resilience to extreme weather events of the various sustainable building materials evaluated in the pilot program.
Any impact on construction timeliness of using the various sustainable building materials evaluated in the pilot program.
The cost effectiveness of the military construction projects conducted under the pilot program using sustainable building materials as compared to other materials historically used in military construction.
Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of sustainable building materials, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible.
Sustainable Building Materials Defined.— In this section, the term “sustainable building material” means any building material the use of which will reduce carbon emissions over the life cycle of the building. The term includes mass timber, concrete, and other carbon-reducing materials.
SEC. 2862. Pilot Program on Establishment of Account for Reimbursement for Use of Testing Facilities at Installations of the Department of the Air Force.
Pilot Program Required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall establish a pilot program to authorize installations of the Department of the Air Force to establish a reimbursable account for the purpose of being reimbursed for the use of testing facilities on such installation.
Installations Selected.— The Secretary of the Air Force shall select not more than two installations of the Department of the Air Force to participate in the pilot program from among any such installations that are part of the Air Force Flight Test Center construct and are currently funded for Facility, Sustainment, Restoration, and Modernization (FSRM) through the Research, Development, Test, and Evaluation account of the Department of the Air Force.
Oversight of Funds.—
Installation commander.— The commander of an installation selected for the pilot program shall have direct oversight over 50 percent of the funds allocated to the installation for Facility, Sustainment, Restoration, and Modernization.
Air force civil engineer center commander.— The Commander of the Air Force Civil Engineer Center shall have direct oversight over the remaining 50 percent of Facility, Sustainment, Restoration, and Modernization funds allocated to an installation selected for the pilot program.
Briefing and Report.—
Briefing.— Not later than 30 days after establishing the pilot program, the Secretary of the Air Force shall brief the congressional defense committees on the pilot program.
Annual report.— Not later than one year after establishing the pilot program under subsection (a), and annually thereafter through the year following termination of the pilot program, the Secretary of the Air Force shall submit to the congressional defense committees a report on the pilot program.
Termination.— The pilot program shall terminate on December 1, 2026.
Subtitle H Asia-Pacific and Indo-Pacific Issues
SEC. 2871. Improved Oversight of Certain Infrastructure Services Provided by Naval Facilities Engineering Systems Command Pacific.
The Secretary of the Navy shall designate an administrative position within the Naval Facilities Engineering Systems Command Pacific for the purpose of improving the continuity of management and oversight of real property and infrastructure assets in the Pacific Area of Responsibility related to the training needs of the Armed Forces, particularly regarding leased property for which the lease will expire within 10 years after the date of the enactment of this Act.
SEC. 2872. Annual Congressional Briefing on Renewal of Department of Defense Easements and Leases of Land in Hawai‘i.
Annual Briefing Required.— Not later than February 1 of each year, the Secretary of Defense shall brief the congressional defense committee on the progress being made by the Department of Defense to renew each Department of Defense land lease and easement in the State of Hawai‘i that—
encompasses one acre or more; and
will expire within 10 years after the date of the briefing.
Required Elements of Briefing.— Each briefing provided under subsection (a) shall include the following:
The location, size, and expiration date of each lease and easement described in such subsection.
Major milestones and expected timelines for maintaining access to the land covered by such lease and easement.
Actions completed over the preceding two years for such lease and easement.
Department-wide and service-specific authorities governing the extension of such lease and easement.
A summary of coordination efforts between the Secretary of Defense and the Secretaries of the military departments.
The status of efforts to develop an inventory of military land in Hawai‘i, including current and possible future uses of the land, that would assist in land negotiations with the State of Hawai‘i.
The risks and potential solutions to ensure the renewability of required and critical leases and easements.
SEC. 2873. Hawai‘i Military Land Use Master Plan.
Update of Master Plan Required.— Not later than December 31, 2025, the Commander of the United States Indo-Pacific Command shall update the Hawai‘i Military Land Use Master Plan, which was first produced by the Department of Defense in 1995 and last updated in 2021.
Elements.— In updating the Hawai‘i Military Land Use Master Plan as required by subsection (a), the Commander of the United States Indo-Pacific Command shall consider, address, and include the following:
The priorities of each individual Armed Force and joint priorities within the State of Hawai‘i.
The historical background of Armed Forces and Department of Defense use of lands in Hawai‘i and the cultural significance of the historical land holdings.
A summary of all leases and easements held by the Department of Defense.
An overview of Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Hawai‘i National Guard, and Hawai‘i Air National Guard assets in the State, including the following for each asset:
The location and size of facilities.
Any tenet commands.
Training lands.
Purpose of the asset.
Priorities for the asset for the next five years, including any planned divestitures and expansions.
A summary of encroachment planning efforts.
A summary of efforts to synchronize the inter-service use of training lands and ranges.
Cooperation.— The Commander of the United States Indo-Pacific Command shall update the Hawai‘i Military Land Use Master Plan under this section in conjunction with the Deputy Assistant Secretary of Defense for Real Property.
Submission of Updated Plan.— Not later than 30 days after the date of the completion of the update to the Hawai‘i Military Land Use Master Plan required by subsection (a), the Commander of the United States Indo-Pacific Command shall submit the updated master plan to the Committees on Armed Services of the Senate and the House of Representatives.
Subtitle I One-Time Reports and Other Matters
SEC. 2881. Clarification of Installation and Maintenance Requirements Regarding Fire Extinguishers in Department of Defense Facilities.
Section 2861 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 10 U.S.C. 113 note; 133 Stat. 1899) is amended by striking “ requirements of national model fire codes developed by the National Fire Protection Association and the International Code Council” and inserting “ NFPA 1, Fire Code of the National Fire Protection Association and applicable requirements of the international building code and international fire code of the International Code Council”.
SEC. 2882. Gao Review and Report of Military Construction Contracting at Military Installations Inside the United States.
Review Required.— The Comptroller General of the United States shall perform a review to assess the contracting approaches authorized pursuant to section 2802 of title 10, United States Code, used to maintain and upgrade military installations inside the United States.
Elements of Review.— In conducting the review required by subsection (a), the Comptroller General should consider, to the extent practicable, such issues as the following:
The extent to which the Department of Defense uses competitive procedures when awarding contracts to contractors to maintain or upgrade military installations inside the United States.
The number of contractors awarded such a contract that are considered a small business, and the percentage that these contracts comprise of all such contracts.
The extent to which the primary business location of each contractor awarded such a contract is located within 60 miles of the military installation where the contract is to be performed.
The extent to which contractors awarded such a contract in turn use subcontractors and suppliers whose primary business location is located within 60 miles of the military installation where the contract is to be performed.
The extent to which the source selection procedures used by the responsible contracting organization considers whether offerors are small businesses or are businesses that are located within 60 miles of the military installation where the contract is to be performed.
Any other matters the Comptroller General determines relevant to the review.
Report Required.— Not later than March 31, 2023, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review required by subsection (a).
Small Business Defined.— In this section, the term “small business” means a contractor that is a small-business concern as such term is defined under section 3 of the Small Business Act (15 U.S.C. 632).