SEC. 2001. Short Title.
This division and title XLVI of division D may be cited as the “Military Construction Authorization Act for Fiscal Year 2024”.
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, 2026; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027.
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, 2026; or
the date of the enactment of an Act authorizing funds for fiscal year 2027 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
SEC. 2003. Effective Date.
TITLE XXI Army Military Construction
SEC. 2101. Authorized Army Construction and Land Acquisition Projects.
Inside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
|---|---|---|
| Alabama | Redstone Arsenal | $53,000,000 |
| Georgia | Fort Eisenhower | $177,000,000 |
| Hawaii | Aliamanu Military Reservation | $20,000,000 |
| Fort Shafter | $80,000,000 | |
| Helemano Military Reservation | $90,000,000 | |
| Schofield Barracks | $70,000,000 | |
| Kansas | Fort Riley | $105,000,000 |
| Kentucky | Fort Campbell | $39,000,000 |
| Louisiana | Fort Johnson | $13,400,000 |
| Massachusetts | Soldier Systems Center Natick | $18,500,000 |
| Michigan | Detroit Arsenal | $72,000,000 |
| North Carolina | Fort Liberty | $253,000,000 |
| Pennsylvania | Letterkenny Army Depot | $89,000,000 |
| Texas | Fort Bliss | $118,000,000 |
| Red River Army Depot | $113,000,000 | |
| Washington | Joint Base Lewis-McChord | $100,000,000 |
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 or locations outside the United States, and in the amounts, set forth in the following table:
| Country | Installation or Location | Amount |
|---|---|---|
| Germany | Grafenwoehr | $10,400,000 |
| Hohenfels | $88,000,000 |
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 installations or locations, in the number of units, and in the amounts set forth in the following table:
| Country | Installation or Location | Units | Amount |
|---|---|---|---|
| Germany | Baumholder | Family Housing New Construction | $90,135,000 |
| Kwajalein | Kwajalein Atoll | Family Housing Replacement Construction | $98,600,000 |
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 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may improve existing military family housing units in an amount not to exceed $100,000,000.
Planning and Design.— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $27,549,000.
SEC. 2103. Authorization of Appropriations, Army.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2104. Extension of Authority to Use Cash Payments in Special Account from Land Conveyance, Natick Soldier Systems Center, Massachusetts.
Section 2844(c)(2)(C) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1865) is amended—
in the heading, by striking “ October 1, 2025” and inserting “ October 1, 2027”; and
by striking “ October 1, 2025” and inserting “ October 1, 2027”.
SEC. 2105. Extension of Authority to Carry Out Fiscal Year 2018 Project at Kunsan Air Base, Korea.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2101(b) of such Act (131 Stat. 1819) and extended by section 2106(a) of the Military Construction Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2973), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Korea | Kunsan Air Base | Unmanned Aerial Vehicle Hangar | $53,000,000 |
SEC. 2106. Extension of Authority to Carry Out Certain Fiscal Year 2019 Army Military Construction Projects.
Army Military Construction.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2101 of that Act (132 Stat. 2241), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| State/Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Korea | Camp Tango | Command and Control Facility | $17,500,000 |
| Maryland | Fort Meade | Cantonment Area Roads | $16,500,000 |
Army Overseas Contingency Operations Military Construction.—
Extension.— Notwithstanding such section, the authorizations set forth in the table in paragraph (2), as provided in section 2901 of such Act, shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Bulgaria | Nevo Selo FOS | EDI: Ammunition Holding Area | $5,200,000 |
| Romania | Mihail Kogalniceanu FOS | EDI: Explosives and Ammo Load/Unload Apron. | $21,651,000 |
SEC. 2107. Extension of Authority to Carry Out Certain Fiscal Year 2021 Army Military Construction Projects.
Army Construction and Land Acquisition.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2101(a) of that Act (134 Stat. 4295), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| State | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Arizona | Yuma Proving Ground | Ready Building | $14,000,000 |
| Georgia | Fort Gillem | Forensic Lab | $71,000,000 |
| Louisiana | Fort Johnson | Information Systems Facility | $25,000,000 |
Child Development Center, Fort Eisenhower, Georgia.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorization under section 2865 of that Act (10 U.S.C. 2802 note) for the project described in paragraph (2) in Fort Eisenhower, Georgia, shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Project described.— The project described in this paragraph is the following:
| State | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Georgia | Fort Eisenhower | Child Development Center | $21,000,000 |
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 | Amount |
|---|---|---|
| California | Marine Corps Air Ground Combat Center Twentynine Palms | $55,341,000 |
| Port Hueneme | $120,800,000 | |
| Connecticut | Naval Submarine Base New London | $333,344,000 |
| District Of Columbia | Marine Barracks Washington (8th Street and I) | $131,800,000 |
| Florida | Naval Air Station Whiting Field | $148,505,000 |
| Georgia | Marine Corps Logistics Base Albany | $64,000,000 |
| Guam | Andersen Air Force Base | $497,620,000 |
| Joint Region Marianas | $174,540,000 | |
| Naval Base Guam | $950,656,000 | |
| Hawaii | Marine Corps Base Kaneohe Bay | $318,845,000 |
| Maryland | Fort Meade | $186,480,000 |
| Naval Air Station Patuxent River | $141,700,000 | |
| North Carolina | Marine Corps Air Station Cherry Point | $269,790,000 |
| Marine Corps Base Camp Lejeune | $286,780,000 | |
| Pennsylvania | Naval Surface Warfare Center Philadelphia | $100,000,000 |
| Virginia | Dam Neck Annex | $109,680,000 |
| Joint Expeditionary Base Little Creek - Fort Story | $57,000,000 | |
| Marine Corps Base Quantico | $127,120,000 | |
| Naval Station Norfolk | $175,878,000 | |
| Naval Weapons Station Yorktown | $283,500,000 | |
| Washington | Naval Base Kitsap | $245,000,000 |
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 | Amount |
|---|---|---|
| Djibouti | Camp Lemonnier | $126,839,000 |
| Italy | Naval Air Station Sigonella | $90,348,000 |
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, and in the amounts set forth in the following table:
| Location | Installation | Amount |
|---|---|---|
| Guam | Joint Region Marianas | $290,365,000 |
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 $57,740,000.
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 $14,370,000.
SEC. 2203. Authorization of Appropriations, Navy.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, 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 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2204. Extension of Authority to Carry Out Certain Fiscal Year 2019 Navy Military Construction Projects.
Navy Military Construction.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2201 of that Act (132 Stat. 2244), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| State/Country | Installation or Location | Project | OriginalAuthorized Amount |
|---|---|---|---|
| Bahrain | SW Asia | Fleet Maintenance Facility and TOC | $26,340,000 |
| North Carolina | Marine Corps Base Camp Lejeune | 2nd Radio BN Complex, Phase 2 | $51,300,000 |
| South Carolina | Marine Corps Air Station Beaufort | Recycling/Hazardous Waste Facility | $9,517,000 |
| Washington | Bangor | Pier and Maintenance Facility | $88,960,000 |
Enhancing Force Protection and Safety on Military Installations.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorization set forth in the table in paragraph (2), as provided in section 2810 of that Act (132 Stat. 2266), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| State | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| South Carolina | Marine Corps Air Station Beaufort | Laurel Bay Fire Station | $10,750,000 |
Navy Construction and Land Acquisition Project.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorization set forth in the table in paragraph (2), as provided in section 2902 of that Act (132 Stat. 2286), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Greece | Naval Support Activity Souda Bay | EDI: Joint Mobility Processing Center | $41,650,000 |
SEC. 2205. Extension of Authority to Carry Out Certain Fiscal Year 2021 Navy Military Construction Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (134 Stat. 4297), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State/Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| California | Twentynine Palms | Wastewater Treatment Plant | $76,500,000 |
| Guam | Joint Region Marianas | Joint Communication Upgrade | $166,000,000 |
| Maine | NCTAMS LANT Detachment Cutler | Perimeter Security | $26,100,000 |
| Nevada | Fallon | Range Training Complex, Phase 1 | $29,040,000 |
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 | Amount |
|---|---|---|
| Florida | Eglin Air Force Base | $15,500,000 |
| MacDill Air Force Base | $148,000,000 | |
| Patrick Space Force Base | $27,000,000 | |
| Tyndall Air Force Base | $252,000,000 | |
| Georgia | Robins Air Force Base | $115,000,000 |
| Guam | Joint Region Marianas | $411,000,000 |
| Massachusetts | Hanscom Air Force Base | $37,000,000 |
| Mississippi | Columbus Air Force Base | $39,500,000 |
| Montana | Malmstrom Air Force Base | $10,300,000 |
| South Dakota | Ellsworth Air Force Base | $235,000,000 |
| Texas | Joint Base San Antonio-Lackland | $158,000,000 |
| Utah | Hill Air Force Base | $107,000,000 |
| Wyoming | F.E. Warren Air Force Base | $85,000,000 |
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 | Amount |
|---|---|---|
| Australia | Royal Australian Air Force Base Darwin | $26,000,000 |
| Royal Australian Air Force Base Tindal | $130,500,000 | |
| Norway | Rygge Air Station | $136,000,000 |
| Philippines | Cesar Basa Air Base | $35,000,000 |
| Spain | Morón Air Base | $34,000,000 |
| United Kingdom | Royal Air Force Fairford | $67,000,000 |
| Royal Air Force Lakenheath | $101,000,000 |
SEC. 2302. Family Housing.
Construction and Acquisition.— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
| Country | Installation | Amount |
|---|---|---|
| Japan | Yokota Air Base | $27,000,000 |
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 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 $229,282,000.
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 $7,815,000.
SEC. 2303. Authorization of Appropriations, Air Force.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, 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 of this division 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 Air Force Military Construction Projects.
Air Force Military Construction Projects Outside the United States.—
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 paragraph (2), as provided in section 2301(b) of that Act (130 Stat. 2696) and extended by section 2304 of the Military Construction Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2169), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Germany | Ramstein Air Base | 37 AS Squadron Operations/Aircraft Maintenance Unit | $13,437,000 |
| Germany | Spangdahlem Air Base | Upgrade Hardened Aircraft Shelters for F/A–22 | $2,700,000 |
| Japan | Yokota Air Base | C–130J Corrosion Control Hangar | $23,777,000 |
Air Force Overseas Contingency Operations 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 authorization set forth in the table in paragraph (2), as provided in section 2902 of that Act (130 Stat. 2743) and extended by section 2304 of the Military Construction Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2169), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Germany | Spangdahlem Air Base | F/A–22 Low Observable/Composite Repair Facility | $12,000,000 |
SEC. 2305. Extension of Authority to Carry Out Certain Fiscal Year 2018 Air Force Military Construction Projects.
Tyndall Air Force Base, Florida.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in paragraph (2), as provided in section 2301(a) of that Act (131 Stat. 1825) and extended by section 2304(a) of the Military Construction Act for Fiscal Year 2023 (division B of Public Law 117–263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| State | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Florida | Tyndall Air Force Base | Fire Station | $17,000,000 |
Air Force Overseas Contingency Operations Projects.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (131 Stat. 1876) and extended by section 2304(b) of the Military Construction Act for Fiscal Year 2023 (division B of Public Law 117–263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Hungary | Kecskemet Air Base | ERI: Airfield Upgrades | $12,900,000 |
| Kecskemet Air Base | ERI: Construct Parallel Taxiway | $30,000,000 | |
| Kecskemet Air Base | ERI: Increase POL Storage Capacity | $12,500,000 | |
| Luxembourg | Sanem | ERI: ECAOS Deployable Airbase System Storage | $67,400,000 |
| Slovakia | Malacky | ERI: Airfield Upgrades | $4,000,000 |
| Malacky | ERI: Increase POL Storage Capacity | $20,000,000 |
SEC. 2306. Extension of Authority to Carry Out Certain Fiscal Year 2019 Air Force Military Construction Projects.
Air Force Military Construction Projects.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2301 of that Act (132 Stat. 2246), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| State/Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Mariana Islands | Tinian | APR-Cargo Pad with Taxiway Extension. | $46,000,000 |
| Tinian | APR-Maintenance Support Facility | $4,700,000 | |
| Maryland | Joint Base Andrews | Child Development Center | $13,000,000 |
| Joint Base Andrews | PAR Relocate Haz Cargo Pad and EOD Range. | $37,000,000 | |
| New Mexico | Holloman Air Force Base | MQ–9 FTU Ops Facility | $85,000,000 |
| Kirtland Air Force Base | Wyoming Gate Upgrade for Anti-Terrorism Compliance | $7,000,000 | |
| United Kingdom | Royal Air Force Lakenheath | F–35A ADAL Conventional Munitions MX. | $9,204,000 |
| Utah | Hill Air Force Base | Composite Aircraft Antenna Calibration Fac. | $26,000,000 |
Air Force Overseas Contingency Operations Projects.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (132 Stat. 2287), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Slovakia | Malacky | EDI: Regional Munitions Storage Area | $59,000,000 |
| United Kingdom | RAF Fairford | EDI: Construct DABS-FEV Storage | $87,000,000 |
| RAF Fairford | EDI: Munitions Holding Area | $19,000,000 |
SEC. 2307. Extension of Authority to Carry Out Fiscal Year 2021 Air Force Military Construction Projects.
Joint Base Langley–Eustis, Virginia.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorization set forth in the table in paragraph (2), as provided in section 2301 of that Act (134 Stat. 4299), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| State | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Virginia | Joint Base Langley-Eustis | Access Control Point Main Gate With Land Acq. | $19,500,000 |
Air Force Overseas Contingency Operations.—
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2902 of that Act (134 Stat. 4373), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Germany | Ramstein Air Base | EDI: Rapid Airfield Damage Repair Storage | $36,345,000 |
| Spangdahlem | EDI: Rapid Airfield Damage Repair Storage | $25,824,000 |
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 | Amount |
|---|---|---|
| Alabama | Redstone Arsenal | $147,975,000 |
| California | Marine Corps Air Station Miramar | $103,000,000 |
| Naval Base Coronado | $51,000,000 | |
| Naval Base San Diego | $101,644,000 | |
| Delaware | Dover Air Force Base | $30,500,000 |
| Maryland | Fort Meade | $885,000,000 |
| Joint Base Andrews | $38,300,000 | |
| Montana | Great Falls International Airport | $30,000,000 |
| North Carolina | Marine Corps Base Camp Lejeune | $70,000,000 |
| Utah | Hill Air Force Base | $14,200,000 |
| Virginia | Fort Belvoir | $185,000,000 |
| Joint Expeditionary Base Little Creek - Fort Story | $61,000,000 | |
| Pentagon | $30,600,000 | |
| Washington | Joint Base Lewis-McChord | $62,000,000 |
| Manchester | $71,000,000 | |
| Naval Undersea Warfare Center Keyport | $37,000,000 |
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 | Amount |
|---|---|---|
| Cuba | Naval Station Guantanamo Bay | $257,000,000 |
| Germany | Baumholder | $57,700,000 |
| Ramstein Air Base | $181,764,000 | |
| Honduras | Soto Cano Air Base | $41,300,000 |
| Japan | Kadena Air Base | $100,300,000 |
| Spain | Naval Station Rota | $80,000,000 |
SEC. 2402. Authorized Energy Resilience and Conservation Investment Program Projects.
Inside the United States.— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| California | Marine Corps Air Station Miramar | $30,550,000 |
| Naval Base San Diego | $6,300,000 | |
| Vandenberg Space Force Base | $57,000,000 | |
| Colorado | Buckley Space Force Base | $14,700,000 |
| Georgia | Naval Submarine Base Kings Bay | $74,500,000 |
| Kansas | Forbes Field | $5,850,000 |
| Missouri | Lake City Army Ammunition Plant | $80,100,000 |
| Nebraska | Offutt Air Force Base | $41,000,000 |
| North Carolina | Fort Liberty (Camp Mackall) | $10,500,000 |
| Oklahoma | Fort Sill | $76,650,000 |
| Puerto Rico | Fort Buchanan | $56,000,000 |
| Texas | Fort Cavazos | $18,250,000 |
| Virginia | Pentagon | $2,250,000 |
| Washington | Joint Base Lewis-McChord | $49,850,000 |
| Wyoming | F.E. Warren Air Force Base | $25,000,000 |
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 |
|---|---|---|
| Korea | K–16 Air Base | $5,650,000 |
| Kuwait | Camp Buehring | $18,850,000 |
Improvements to Conveyed Utility Systems.— In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table:
| State | Installation or Location | Project |
|---|---|---|
| Nebraska | Offutt Air Force Base | Microgrid and Backup Power |
| North Carolina | Fort Liberty (Camp Mackall) | Microgrid and Backup Power |
| Texas | Fort Cavazos | Microgrid and Backup Power |
| Washington | Joint Base Lewis-McChord | Power Generation and Microgrid |
SEC. 2403. Authorization of Appropriations, Defense Agencies.
Authorization of Appropriations.— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
Limitation on Total Cost of Construction Projects.— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
SEC. 2404. Extension of Authority to Carry Out Certain Fiscal Year 2018 Defense Agencies Military Construction Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in subsection (b), as provided in section 2401(b) of that Act (131 Stat. 1829) and extended by section 2404 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Japan | Iwakuni | PDI: Construct Bulk Storage Tanks PH 1 | $30,800,000 |
| Puerto Rico | Punta Borinquen | Ramey Unit School Replacement | $61,071,000 |
SEC. 2405. Extension and Modification of Authority to Carry Out Certain Fiscal Year 2019 Defense Agencies Military Construction Projects.
Extension.—
In general.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2401(b) of that Act (132 Stat. 2249), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in paragraph (1) is as follows:
| Country | Installation or Location | Project | OriginalAuthorizedAmount |
|---|---|---|---|
| Germany | Baumholder | SOF Joint Parachute Rigging Facility | $11,504,000 |
| Japan | Camp McTureous | Betchel Elementary School | $94,851,000 |
| Iwakuni | Fuel Pier | $33,200,000 |
Modification of Authority to Carry Out Fiscal Year 2019 Project in Baumholder, Germany.—
Modification of project authority.— 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; 132 Stat. 2249) for Baumholder, Germany, for construction of a SOF Joint Parachute Rigging Facility, the Secretary of Defense may construct a 3,200 square meter facility.
Modification of project amounts.—
Division b table.— The authorization table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2249), as extended pursuant to subsection (a), is amended in the item relating to Baumholder, Germany, by striking “ $11,504,000” and inserting “ $23,000,000” to reflect the project modification made by paragraph (1).
Division d table.— The funding table in section 4601 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2406) is amended in the item relating to Defense-wide, Baumholder, Germany, SOF Joint Parachute Rigging Facility, by striking “ 11,504” in the Conference Authorized column and inserting “ 23,000” to reflect the project modification made by paragraph (1).
SEC. 2406. Extension of Authority to Carry Out Fiscal Year 2021 Project at Defense Fuel Support Point Tsurumi, Japan.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorization set forth in the table in subsection (b), as provided in section 2401(b) of that Act (134 Stat. 4304), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Japan | Def Fuel Support Point Tsurumi | Fuel Wharf | $49,500,000 |
SEC. 2407. Extension of Authority to Carry Out Certain Fiscal Year 2021 Energy Resilience and Conservation Investment Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in section 2402 of that Act (134 Stat. 4306), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State/Country | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Arkansas | Ebbing Air National Guard Base | PV Arrays and Battery Storage | $2,600,000 |
| California | Marine Corps Air Combat Center Twentynine Palms | Install 10 Mw Battery Energy Storage for Various Buildings | $11,646,000 |
| Military Ocean Terminal Concord | Military Ocean Terminal Concord Microgrid | $29,000,000 | |
| Naval Support Activity Monterey | Cogeneration Plant at B236 | $10,540,000 | |
| Italy | Naval Support Activity Naples | Smart Grid | $3,490,000 |
| Nevada | Creech Air Force Base | Central Standby Generators | $32,000,000 |
| Virginia | Naval Medical Center Portsmouth | Retro Air Handling Units From Constant Volume; Reheat to Variable Air Volume | $611,000 |
SEC. 2408. Authority to Carry Out Military Construction Projects to Improve Certain Fiscal Year 2022 Utility Systems.
In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table:
| State | Installation or Location | Project |
|---|---|---|
| Alabama | Fort Novosel | Construct a 10 MW RICE Generator Plant and Micro-Grid Controls |
| Georgia | Fort Moore | Construct 4.8MW Generation and Microgrid |
| Fort Stewart | Construct a 10 MW Generation Plant, with Microgrid Controls | |
| New York | Fort Drum | Well Field Expansion Project |
| North Carolina | Fort Liberty | Construct 10 MW Microgrid Utilizing Existing and New Generators |
| Fort Liberty | Fort Liberty Emergency Water System |
SEC. 2409. Additional Authority to Carry Out Certain Military Construction Projects to Improve Certain Fiscal Year 2023 Utility Systems.
In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table:
| State | Installation or Location | Project |
|---|---|---|
| Georgia | Fort Stewart – Hunter Army Airfield | Power Generation and Microgrid |
| Kansas | Fort Riley | Power Generation and Microgrid |
| Texas | Fort Cavazos | Power Generation and Microgrid |
TITLE XXV International Programs
Subtitle A North Atlantic Treaty Organization Security Investment
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, 2023, 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.
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 Bonifas | Vehicle Maintenance Shop | $7,700,000 |
| Army | Camp Carroll | Humidity Controlled Warehouse | $189,000,000 |
| Army | Camp Humphreys | Airfield Services Storage Warehouse | $7,100,000 |
| Army | Camp Walker | Consolidated Fire and Military Police Station | $48,000,000 |
| Army | Pusan | Warehouse Facility | $40,000,000 |
| Navy | Chinhae | Electrical Switchgear Building | $6,000,000 |
| Air Force | Osan Air Base | Consolidated Operations Group and Maintenance Group Headquarters | $46,000,000 |
| Air Force | Osan Air Base | Flight Line Dining Facility | $6,800,000 |
| Air Force | Osan Air Base | Reconnaissance Squadron Operations and Avionics Facility | $30,000,000 |
| Air Force | Osan Air Base | Repair Aircraft Maintenance Hangar B1732 | $8,000,000 |
| Air Force | Osan Air Base | Upgrade Electrical Distribution East, Phase 2 | $46,000,000 |
| Air Force | Osan Air Base | Water Supply Treatment Facility | $22,000,000 |
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 | Powidz | Barracks and Dining Facility | $93,000,000 |
| Army | Powidz | Rotary Wing Aircraft Apron | $35,000,000 |
| Army | Swietoszow | Bulk Fuel Storage | $35,000,000 |
| Army | Swietoszow | Rail Extension and Railhead | $7,300,000 |
| Air Force | Wroclaw | Aerial Port of Debarkation Ramp | $59,000,000 |
| Air Force | Wroclaw | Taxiways to Aerial Port of Debarkation Ramp | $39,000,000 |
| Defense-Wide | Lubliniec | Special Operations Forces Company Operations Facility | $16,200,000 |
TITLE XXVI Guard and Reserve Forces Facilities
SEC. 2601. Authorized Army National Guard Construction and Land Acquisition Projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
|---|---|---|
| Arizona | Surprise Readiness Center | $15,000,000 |
| Florida | Camp Blanding | $11,000,000 |
| Idaho | Jerome County Regional Site | $17,000,000 |
| Illinois | North Riverside Armory | $24,000,000 |
| Kentucky | Burlington | $16,400,000 |
| Mississippi | Southaven Readiness Center | $33,000,000 |
| Missouri | Bellefontaine | $28,000,000 |
| New Hampshire | Littleton | $23,000,000 |
| New Mexico | Rio Rancho Training Site | $11,000,000 |
| New York | Lexington Avenue Armory | $90,000,000 |
| Ohio | Camp Perry Joint Training Center | $19,200,000 |
| Oregon | Washington County Readiness Center | $26,000,000 |
| Pennsylvania | Hermitage Readiness Center | $13,600,000 |
| Rhode Island | Quonset Point | $41,000,000 |
| South Carolina | Aiken County Readiness Center | $20,000,000 |
| McCrady Training Center | $7,900,000 | |
| Virginia | Sandston RC & FMS 1 | $20,000,000 |
| Wisconsin | Viroqua | $18,200,000 |
SEC. 2602. Authorized Army Reserve Construction and Land Acquisition Projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation | Amount |
|---|---|---|
| Alabama | Birmingham | $57,000,000 |
| Arizona | San Tan Valley | $17,000,000 |
| California | Fort Hunter Liggett | $40,000,000 |
| Georgia | Marine Corps Logistics Base Albany | $40,000,000 |
SEC. 2603. Authorized Navy Reserve and Marine Corps Reserve Construction and Land Acquisition Projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Installation or Location | Amount |
|---|---|---|
| Michigan | Naval Reserve Center Battle Creek | $24,549,000 |
| Virginia | Marine Forces Reserve Dam Neck Virginia Beach | $12,400,000 |
SEC. 2604. Authorized Air National Guard Construction and Land Acquisition Projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
|---|---|---|
| Alabama | Montgomery Regional Airport | $7,000,000 |
| Alaska | Joint Base Elmendorf – Richardson | $7,000,000 |
| Arizona | Tucson International Airport | $11,600,000 |
| Arkansas | Ebbing Air National Guard Base | $75,989,000 |
| Colorado | Buckley Space Force Base | $12,000,000 |
| Indiana | Fort Wayne International Airport | $8,900,000 |
| Oregon | Portland International Airport | $79,000,000 |
| Pennsylvania | Harrisburg International Airport | $8,000,000 |
| Wisconsin | Truax Field | $5,200,000 |
SEC. 2605. Authorized Air Force Reserve Construction and Land Acquisition Projects.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
| State | Location | Amount |
|---|---|---|
| Arizona | Davis-Monthan Air Force Base | $8,500,000 |
| California | March Air Reserve Base | $226,500,000 |
| Georgia | Dobbins Air Reserve Base | $22,000,000 |
| Guam | Joint Region Marianas | $27,000,000 |
| Louisiana | Barksdale Air Force Base | $7,000,000 |
| Texas | Naval Air Station Joint Reserve Base Fort Worth | $16,000,000 |
SEC. 2606. Authorization of Appropriations, National Guard and Reserve.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
SEC. 2607. Extension of Authority to Carry Out Fiscal Year 2018 Project at Hulman Regional Airport, Indiana.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2604 of that Act (131 Stat. 1836) and extended by section 2608 of the Military Construction Act for Fiscal Year 2023 (division B of Public Law 117–263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Indiana | Hulman Regional Airport | Construct Small Arms Range | $8,000,000 |
SEC. 2608. Extension of Authority to Carry Out Fiscal Year 2019 Project at Francis S. Gabreski Airport, New York.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorization set forth in the table in subsection (b), as provided in sections 2604 of that Act (132 Stat. 2255), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| New York | Francis S. Gabreski Airport | Security Forces/Comm. Training Facility | $20,000,000 |
SEC. 2609. Extension of Authority to Carry Out Certain Fiscal Year 2021 National Guard and Reserve Military Construction Projects.
Extension.— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, and 2604 of that Act (134 Stat. 4312, 4313, 4314), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
Table.— The table referred to in subsection (a) is as follows:
| State or Territory | Installation or Location | Project | Original Authorized Amount |
|---|---|---|---|
| Arkansas | Fort Chaffee | National Guard Readiness Center | $15,000,000 |
| California | Bakersfield | National Guard Vehicle Maintenance Shop | $9,300,000 |
| Colorado | Peterson Space Force Base | National Guard Readiness Center | $15,000,000 |
| Guam | Joint Region Marianas | Space Control Facility #5 | $20,000,000 |
| Ohio | Columbus | National Guard Readiness Center | $15,000,000 |
| Massachusetts | Devens Reserve Forces Training Area | Automated Multipurpose Machine Gun Range | $8,700,000 |
| North Carolina | Asheville | Army Reserve Center/Land | $24,000,000 |
| Puerto Rico | Fort Allen | National Guard Readiness Center | $37,000,000 |
| South Carolina | Joint Base Charleston | National Guard Readiness Center | $15,000,000 |
| Texas | Fort Worth | Aircraft Maintenance Hangar Addition/Alt. | $6,000,000 |
| Joint Base San Antonio | F–16 Mission Training Center | $10,800,000 | |
| Virgin Islands | St. Croix | Army Aviation Support Facility (AASF) | $28,000,000 |
| St. Croix | CST Ready Building | $11,400,000 |
SEC. 2610. Modification of Authority to Carry Out Fiscal Year 2023 Project at Camp Pendleton, California.
In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2987) for Camp Pendleton, California, for construction of an area maintenance support activity, the Secretary of the Army may construct a 15,000 square foot facility.
SEC. 2611. Authority to Conduct Restoration and Modernization Projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania.
In General.— Subject to the conditions described in subsection (b), the Chief of the National Guard Bureau may only obligate or expend amounts available to the Army National Guard for Facilities Sustainment, Restoration, and Modernization, or award a contract, to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania.
Conditions.— The conditions described in this subsection are the following:
As of the date on which the Chief awards a contract under subsection (a), any lease held by the Commonwealth of Pennsylvania for the First City Troop Readiness Center has a term sufficient to allow a project described in subsection (a) to realize the applicable full lifecycle benefit.
The Federal contribution for such a project does not exceed 50 percent of the total cost of the project.
Not later than 15 days before the date on which the Chief awards any such contract, the Chief submits to the Committees on Armed Services of the Senate and the House of Representatives a notification that includes an explanation of the sufficiency of the term of the lease described in paragraph (1).
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, 2023, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act as specified in the funding table in section 4601.
SEC. 2702. Prohibition on Conducting Additional Base Realignment and Closure (brac) Round.
Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.
TITLE XXVIII Military Construction General Provisions
Subtitle A Military Construction Programs
SEC. 2801. Modifications to Defense Community Infrastructure Program.
Section 2391(d) of title 10, United States Code, is amended—
in the subsection heading, by striking “ Pilot”; and
by striking paragraph (5).
SEC. 2802. Modification to Authority for Unspecified Minor Construction.
Inclusion of Demolition in Definition of Unspecified Minor Military Construction Project.— Section 2805(a) of title 10, United States Code, is amended—
in paragraph (2), by inserting “ or a demolition project” after “ is a military construction project”; and
by adding at the end the following new paragraph:
“(3) Notwithstanding the requirements of this section, the Secretary concerned may use amounts authorized pursuant to another law or regulation to carry out a demolition project described in paragraph (2).”
Modification to Dollar Thresholds for Unspecified Minor Construction.— Section 2805 of title 10, United States Code, is amended—
in subsection (a)(2), by striking the dollar figure and inserting “ $9,000,000”;
in subsection (b)(2), by striking the dollar figure and inserting “ $4,000,000”;
in subsection (c), by striking the dollar figure and inserting “ $4,000,000”; and
in subsection (d)—
in paragraph (1)—
in subparagraph (A), by striking the dollar figure and inserting “ $9,000,000”; and
in subparagraph (B), by striking the dollar figure and inserting “ $9,000,000”; and
in paragraph (2), by striking the dollar figure and inserting “ $9,000,000”.
Modification to Adjustment of Dollar Limitations for Location.— Section 2805(f) of title 10, United States Code, is amended—
in paragraph (1), by striking the dollar figure and inserting “ $14,000,000”; and
by striking paragraph (3).
Report.— No 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 impacts of inflation over time on the utility of the authority to carry out unspecified minor military construction projects under section 2805 of title 10, United States Code.
Repeal.— Section 2801 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2992; 10 U.S.C. 2805 note) is repealed.
SEC. 2803. Application of Dollar Limitations for Unspecified Minor Military Construction Projects to Locations Outside the United States.
Section 2805(f) of title 10, United States Code (as amended by section 2802), is further amended—
in paragraph (1), by striking “ inside the United States”; and
by striking paragraph (2).
SEC. 2804. Increase to Amount of Certain Funds for Military Installation Resilience Projects.
Section 2815(e)(3) of title 10, United States Code, is amended by striking “ $100,000,000” and inserting “ $125,000,000”.
SEC. 2805. Authority for Certain Construction Projects in Friendly Foreign Countries.
Subchapter I of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
Ҥ 2817. Authority for certain construction projects in friendly foreign countries
“(a) Construction Authorized.—Using funds available for operations and maintenance, the Secretary of Defense may carry out a construction project in a friendly foreign country, and perform planning and design to support such a project, that the Secretary determines meets each of the following conditions:
“(1) The commander of the geographic combatant command in which the construction project will be carried out identified the construction project as necessary to support vital United States military requirements at an air port of debarkation, sea port of debarkation, or rail or other logistics support location.
“(2) The construction project will not be carried out at a military installation.
“(3) The funds made available under the authority of this section for the construction project—
“(A) will be sufficient to—
“(i) construct a complete and usable facility or make an improvement to a facility; or
“(ii) complete the repair of an existing facility or improvement to a facility; and
“(B) will not require additional funds from other Department of Defense accounts.
“(4) The level of construction for the construction project may not exceed the minimum necessary to meet the military requirements identified under paragraph (1).
“(5) Deferral of the construction project pending inclusion of the construction project proposal in the national defense authorization Act for a subsequent fiscal year is inconsistent with the military requirements identified under paragraph (1) and other national security or national interests of the United States.
“(b) Congressional Notification.—
“(1) Notification required.—Upon determining to carry out a construction project under this section that has an estimated cost in excess of the amounts authorized for unspecified minor military construction projects under section 2805(c) of this title, the Secretary of Defense shall submit to the specified congressional committees a notification of such determination.
“(2) Elements.—The notification required by paragraph (1) shall include the following:
“(A) A certification that the conditions specified in subsection (a) are satisfied with regard to the construction project.
“(B) A justification for such project.
“(C) An estimate of the cost of such project.
“(3) Notice and wait.—The Secretary of Defense may carry out a construction project only after the end of the 30-day period beginning on the date the notice required by paragraph (1) is received by the specified congressional committees in an electronic medium pursuant to section 480 of this title.
“(c) Annual Limitations on Use of Authority.—
“(1) Total cost limitation.—The Secretary of Defense may not obligate more than $200,000,000 in any fiscal year under the authority provided by this section.
“(2) Additional obligation authority.—Notwithstanding paragraph (1), the Secretary of Defense may authorize the obligation under this section of not more than an additional $10,000,000 from funds available for operations and maintenance for a fiscal year if the Secretary determines that the additional funds are needed for costs associated with contract closeouts for all construction projects during such fiscal year.
“(3) Project limitation.—The maximum amount that the Secretary may obligate for a single construction project is $15,000,000.
“(d) Specified Congressional Committees Defined.—In this section, the term ‘specified congressional committees’ means—
“(1) the Committee on Armed Services and the Subcommittee on Defense and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate; and
“(2) the Committee on Armed Services and the Subcommittee on Defense and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives.”
SEC. 2806. Temporary Expansion of Authority for Use of One-Step Turn-Key Procedures for Repair Projects.
During the five-year period beginning on the date of the enactment of this Act, section 2862(a)(2) of title 10, United States Code, shall be applied and administered by substituting “$8,000,000” for “$4,000,000”.
SEC. 2807. Authorization of Cost-Plus Incentive-Fee Contracting for Military Construction Projects to Mitigate Risk to the Sentinel Program Schedule and Cost.
Notwithstanding section 3323 of title 10, United States Code, the Secretary of Defense may authorize the use of contracts using cost-plus incentive-fee contracting for military construction projects associated with launch facilities, launch centers, and related infrastructure of the Sentinel intercontinental ballistic missile weapon system program of the Department of Defense for not more than one low-rate initial production lot at each of the following locations:
F.E. Warren Air Force Base, Wyoming.
Malmstrom Air Force Base, Montana.
Minot Air Force Base, North Dakota.
SEC. 2808. Inclusion on Department of Defense Form 1391 of Information on Consideration of Certain Methods of Construction for Certain Military Construction Projects.
In General.— As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a covered military construction project, each covered official shall, to the extent practicable, include information on whether all relevant construction materials and methods of construction included in the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) were considered in the design of such covered military construction project.
Definitions.— In this section:
The terms “appropriate committees of Congress” and “military construction project” have the meanings given in section 2801 of title 10, United States Code.
The term “covered military construction project” means a military construction project with an estimated total cost in excess of $9,000,000.
The term “covered official” means—
the Secretary of Defense; and
each Secretary of a military department.
SEC. 2809. Incorporation of Cybersecurity Supply Chain Risk Management Tools and Methods.
Section 2914 of title 10, United States Code, is amended—
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following new subsection:
“(e) Incorporation of Cybersecurity Supply Chain Risk Management Tools and Methods.—
(1) The Secretary of Defense shall incorporate into covered projects cybersecurity supply chain risk management tools and solutions to provide continuous analysis, monitoring, and mitigation of cyber vulnerabilities.
“(2) In carrying out the requirements of paragraph (1), the Secretary of Defense shall consider, to the maximum extent practicable, the following:
“(A) The adoption of commercially available cybersecurity supply chain risk management tools and solutions.
“(B) The inclusion of existing databases on cyber vulnerabilities when selecting such tools and solutions.
“(C) The need for such tools and methods to provide continuous analysis, monitoring, and mitigation of cyber vulnerabilities in covered projects.
“(D) Beginning with fiscal year 2026, documentation for any new requirements for cybersecurity supply chain risk management in annual guidance for covered projects that is submitted along with the annual budget request of the President submitted pursuant to section 1105 of title 31.
“(3) In this subsection, the term ‘covered project’ means a project connected to a Department of Defense Information Network for which funds are made available under this section.”
SEC. 2810. Authority for Indo-Pacific Posture Unspecified Minor Military Construction Projects.
Authority.— To support the posture of the Armed Forces in the United States Indo-Pacific Command area of operations, the Commander of the United States Indo-Pacific Command (in this section referred to as the “Commander”) may carry out unspecified minor military construction projects not otherwise authorized by law with an approved cost less than $15,000,000.
Scope of Project Authority.— A project carried out under this section may include—
the design, construction, development, conversion, extension, renovation, or repair of a facility, whether to satisfy temporary or permanent requirements; and
to the extent necessary, any acquisition of land subject to the limitations on real property acquisition of chapter 159 of title 10, United States Code.
Purposes.— A project carried out under this section shall be for the purpose of—
supporting the rotational deployments of the Armed Forces;
enhancing facility preparedness and military installation resilience (as defined in section 101(e)(8) of title 10, United States Code) in support of potential, planned, or anticipated defense activities; or
providing for prepositioning and storage of equipment and supplies.
Location of Projects.— A project carried out under this section must be located within the area of responsibility of the United States Indo-Pacific Command and at a military installation that includes a main operating base, cooperative security location, forward operating site, or contingency location for use by the Armed Forces.
Available Amounts.— In carrying out a project under this section, the Commander may use amounts appropriated for—
the INDOPACOM Military Construction Pilot Program fund (as specified in the funding table in section 4601); and
operation and maintenance, not to exceed 200 percent of the amount specified in section 2805(c) of title 10, United States Code.
Notice to Congress.—
In general.— If the Commander decides to carry out a project under this section with a cost exceeding $2,000,000, the Commander shall submit a written notification to the congressional defense committees of that decision.
Relevant details.— A notice under paragraph (1) with respect to a project shall include relevant details and justification of the project, including the estimated cost, and may include a classified annex.
Timing.— A project under this section covered by paragraph (1) may not be carried out until the end of the 14-day period beginning on the date of receipt of the notification under such paragraph by the congressional defense committees.
Project Execution.—
Project supervision.— Subsections (a) and (b) of section 2851 of title 10, United States Code, shall not apply to projects carried out by the Commander under this section.
Application of chapter 169 of title 10, united states code.— When exercising the authority under subsection (a), the Commander shall, for purposes of chapter 169 of title 10, United States Code, be considered the Secretary concerned.
Annual Report.— Not later than December 31, 2024, and annually thereafter until the termination date in subsection (i), the Commander shall submit to the congressional defense committees a report containing a list of projects funded, lessons learned, and, subject to the concurrence of the Secretary of Defense, recommended adjustments to the authority under this section for the most recently ended fiscal year covered by the report.
Termination.— The authority to carry out a project under this section expires on March 31, 2029.
SEC. 2811. Authority to Conduct Energy Resilience and Conservation Projects at Installations at Which Certain Energy Projects Have Occurred.
In General.— Subsection (k) of section 2688 of title 10, United States Code, is amended to read as follows:
“(k) Improvement of Conveyed Utility System.—
(1) In the case of a utility system that has been conveyed under this section and that only provides utility services to a military installation, the Secretary of Defense or the Secretary of a military department may authorize a contract on a sole source basis with the conveyee of the utility system to carry out a military construction project as authorized and appropriated for by law for an infrastructure improvement that enhances the reliability, resilience, efficiency, physical security, or cybersecurity of the utility system.
“(2) The Secretary of Defense or the Secretary of a military department may convey under subsection (j) any infrastructure constructed under paragraph (1) that is in addition to the utility system conveyed under such paragraph.”
Department of Defense Infrastructure Resilience and Readiness.—
Authority.— The Secretary of Defense and the Secretary of the military department concerned may utilize existing areawide contracts to procure utility services from a utility service supplier—
to support installation energy resilience and mission readiness;
for the protection of critical infrastructure of the Department of Defense located at a military installation; and
to achieve energy resilience at military installations through implementation of utility system infrastructure projects, to include facilities sustainment, restoration, and modernization of such infrastructure.
Sunset.— The authority under this subsection shall terminate on September 30, 2032.
Definitions.— In this section:
Areawide contract.— The term “areawide contract” means a contract entered into between the General Services Administration and a utility service supplier under section 501 of title 40, United States Code, to procure the utility service needs of Federal agencies within the franchise territory of the supplier.
Energy resilience.— The term “energy resilience” has the meaning given the term in section 101(e) of title 10, United States Code.
Franchise territory.— The term “franchise territory” means a geographical area that a utility service supplier has a right to serve based upon a franchise granted by an independent regulatory body, a certificate of public convenience and necessity, or other legal means.
Utility service.— The term “utility service”—
means a utility or service described in section 2872a(b) of title 10, United States Code;
includes the services supplied by a utility service supplier described in an areawide contract such as connection, change, disconnection, continue service, line extension, alteration or relocation, metering, and special facilities, including primary generation, backup generation, microgrid controls, charging capabilities, and any supporting infrastructure; and
includes ancillary services, including total maintenance and repair, major restoration and repair, studies, and any other services, as appropriate.
Utility service supplier.— The term “utility service supplier” means an entity that supplies a utility service.
Utility system.— The term “utility system” has the meaning given the term in subsections (i)(1)(A) and (i)(2)(A) of section 2688 of title 10, United States Code.
Subtitle B Military Housing Reforms
SEC. 2821. Establishment of the Military Family Readiness Working Group for Military Housing.
In General.— Subsection (e) of section 1781a of title 10, United States Code, is amended to read as follows:
“(e) Military Family Readiness Working Group for Military Housing.—
“(1) There is in the Council the Military Family Readiness Working Group for Military Housing (in this section referred to as the ‘Housing Working Group’).
“(2)
(A) The Housing Working Group shall be composed of the following members:
“(i) The Assistant Secretary of Defense for Energy, Installations, and Environment, who shall serve as chair of the Housing Working Group on a nondelegable basis.
“(ii) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force—
“(I) each of whom shall be a member of the armed force to be represented; and
“(II) not fewer than two of whom shall be enlisted members.
“(iii) One spouse of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force on active duty, not fewer than two of which shall be the spouse of an enlisted member.
“(iv) One commander or senior official of a military installation from each military department with responsibility for the public works or civil engineering systems of such installation.
“(v) One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops personnel certification standards for building maintenance, inspections, or restoration.
“(vi) The Director of the Office of Military Family Readiness Policy.
“(B) The term of Housing Working Group members specified under clauses (ii) through (v) of subparagraph (A) shall be two years and may be renewed by the Secretary of Defense.
“(C) The chair of the Housing Working Group shall extend an invitation to all landlords for one representative of each landlord to attend such meetings of the Housing Working Group as the chair considers appropriate but at a minimum of once per year.
“(3) The Housing Working Group shall meet at least two times each year.
“(4) The duties of the Housing Working Group shall include the following:
“(A) To review and make recommendations to the Secretary of Defense on policies for covered military housing, including inspections practices and resident surveys.
“(B) To make recommendations to the Secretary of Defense to improve—
“(i) awareness and promotion of accurate and timely information about covered military housing, accommodations available through the Exceptional Family Member Program of the Department, and other support services; and
“(ii) collaboration among policymakers, providers of such accommodations and other support services, and targeted beneficiaries of such accommodations and other support services.
“(5) In this subsection:
“(A) The term ‘landlord’ has the meaning given that term in section 2871 of this title.
“(B) The term ‘covered military housing’ means housing acquired or constructed pursuant to subchapter IV of chapter 169 of this title that is owned by an entity other than the Federal Government.”
Annual Reports.—
In general.— Not later than July 1, 2024, and annually thereafter until July 1, 2029, the Department of Defense Military Family Readiness Council (established under section 1781a of title 10, United States Code) shall submit to the Secretary of Defense and the congressional defense committees a report on military family readiness.
Contents.— Each report under this subsection shall include the following:
An assessment of the adequacy and effectiveness of the military family readiness programs and activities of the Department of Defense during the fiscal year preceding the date of submission of the report in meeting the needs and requirements of military families.
Recommendations on actions to be taken to improve the capability of the military family readiness programs and activities of the Department of Defense to meet the needs and requirements of military families, including actions relating to the allocation of funding and other resources to and among such programs and activities.
A report on the activities of the Military Family Readiness Working Group for Military Housing (established under subsection (e) of such section 1781a, as amended by this section) during the year covered by the report.
Conforming Amendment.— Paragraph (31) of section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is repealed.
SEC. 2822. Improvements to Privatized Military Housing.
Inclusion of Information on Compliance With Tenant Bill of Rights in Notice of Lease Extension.— Section 2878(f)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
“(E) An assessment of compliance by the lessor with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title.”
Modification of Authority to Investigate Reprisals.— Subsection (e) of section 2890 of such title is amended—
in paragraph (1)—
by striking “ Assistant Secretary of Defense for Sustainment” and inserting “ Inspector General of the Department of Defense”; and
by striking “ member of the armed forces” and inserting “ tenant”;
in paragraph (2)—
in the matter preceding subparagraph (A)—
by striking “ Assistant Secretary of Defense for Sustainment” and inserting “ Inspector General”;
by striking “ member of the armed forces” and inserting “ tenant”; and
by striking “ Assistant Secretary” and inserting “ Inspector General”; and
in subparagraph (B), by striking “ Assistant Secretary” and inserting “ Inspector General”; and
in paragraph (3)—
by striking “ Assistant Secretary of Defense for Sustainment” and inserting “ Inspector General of the Department of Defense”; and
by striking “ Secretary of the military department concerned” and inserting “ Inspector General of the military department concerned”.
Limitation on Housing Enhancement Payments.— Section 606(a)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2871 note) is amended—
in subparagraph (A)—
by striking “ Each month” and inserting “ Except as provided in subparagraph (D), each month”; and
by striking “ one of more” and inserting “ one or more”; and
by adding at the end the following new subparagraph:
“(D) Limitation on payment.—
“(i) In general.—Subject to clause (ii), the Secretary of a military department may not make a payment under subparagraph (A) to a lessor unless the Assistant Secretary of Defense for Energy, Installations, and Environment determines the lessor is in compliance with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of title 10, United States Code.
“(ii) Application.—The limitation under clause (i) shall apply to any payment under a housing agreement entered into on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 by the Secretary of a military department with a lessor.”
SEC. 2823. Notification Relating to Legal Counsel for Nondisclosure Agreements.
Section 2890(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(3) A party presenting a proposed nondisclosure agreement to a tenant shall notify such tenant that such tenant may, not later than 10 business days after such presentation, seek legal counsel with respect to the terms of and implications of entering into such agreement. A tenant may not be required to sign such agreement before the end of such 10-day period.”
SEC. 2824. Inclusion of Questions Regarding Military Housing for Members of the Armed Forces in Status of Forces Survey.
The Secretary of Defense shall include, at a minimum, in each status of forces survey of the Department of Defense conducted on or after the date of the enactment of this Act questions specifically relating to the following:
Overall satisfaction with current military housing of members of the Armed Forces.
Satisfaction of such members with the physical condition of such military housing.
Satisfaction of such members with the affordability of such military housing.
Whether such military housing of such members has impacted any decision of such a member related to reenlistment in the Armed Forces.
SEC. 2825. Implementation of Comptroller General Recommendations Relating to Strengthening Oversight of Privatized Military Housing.
In General.— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall implement each recommendation of the Comptroller General of the United States contained in the report titled “DOD Can Further Strengthen Oversight of Its Privatized Housing Program” (GAO–23–105377), dated April 6, 2023, and reissued with revisions on April 20, 2023.
Non-implementation Reporting Requirement.— If the Secretary elects not to implement any such recommendation, the Secretary shall, not later than one year after the date of the enactment of this Act, submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes a justification for such election.
Subtitle C Covered Military Unaccompanied Housing Reforms
SEC. 2831. Design Standards for Covered Military Unaccompanied Housing.
Uniform Standards for Floor Space and Number of Members Allowed.—
in the section heading, by striking “ local comparability of floor areas” and inserting “ standards”;
by striking “ In” and inserting “ (a) Local Comparability in Floor Areas.—In”;
in subsection (a), as designated by subparagraph (B)—
by inserting “ , except for purposes of meeting minimum area requirements under subsection (b)(1)(A),” after “ in that locality”; and
by inserting “ covered” before “ military unaccompanied housing”; and
by adding at the end the following new subsections:
“(b) Floor Space and Number of Members Allowed.—In the design and configuration of covered military unaccompanied housing, the Secretary of Defense shall establish uniform design standards that—
“(1) provide a minimum area of floor space, not including bathrooms or closets, per individual occupying a unit of covered military unaccompanied housing;
“(2) ensure that not more than two individuals may occupy such a unit; and
“(3) provide definitions and measures that specify—
“(A) criteria of design;
“(B) quality of construction material to be used; and
“(C) levels of maintenance to be required.
“(c) Covered Military Unaccompanied Housing.—For purposes of this section, section 2856a, and section 2856b, the term ‘covered military unaccompanied housing’ means Government-owned military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents.”
Clerical amendment.— The table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by amending the item relating to section 2856 to read as follows:
“2856. Covered military unaccompanied housing: design standards.”.
Completion and Issuance of Uniform Design Standards.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
ensure that the uniform design standards required under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D), are completed, issued, and submitted to the congressional defense committees; or
submit to the congressional defense committees a report—
explaining in detail why such standards are not completed and issued;
indicating when such standards are expected to be completed and issued; and
specifying the names of the personnel responsible for the failure to complete and issue such standards.
Compliance With Uniform Design Standards.—
In general.— Not later than two years after the date of the enactment of this Act, the Secretary of each military department shall ensure that all covered military unaccompanied housing located on a military installation under the jurisdiction of such Secretary complies with the uniform standards established under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D).
No waiver.— The requirement under paragraph (1) may not be waived.
Covered military unaccompanied housing defined.— In this subsection, the term “covered military unaccompanied housing” has the meaning given in section 2856 of title 10, United States Code (as amended by subsection (a)).
Certification of Budget Requirements.— The Under Secretary of Defense (Comptroller) shall include with the submission of the budget of the President to Congress pursuant to section 1105 of title 31, United States Code, for fiscal years 2025 through 2029 a signed certification that the Secretary of Defense and each Secretary of a military department has requested sufficient funds to comply with this section and the amendments made by this section.
SEC. 2832. Establishment of Standards for Habitability of Covered Military Unaccompanied Housing.
Establishment.— Subchapter III of title 10, United States Code, (as amended by section 2833) is further amended by inserting after section 2856a (as added by such section) the following new section:
Ҥ 2856b. Covered military unaccompanied housing: standards for habitability
“(a) Standards Required.—For the purposes of assigning a member of the armed forces to a unit of covered military unaccompanied housing, the Secretary of Defense shall establish uniform minimum standards for covered military unaccompanied housing, that shall include minimum requirements for—
“(1) condition;
“(2) habitability, health, and environmental comfort;
“(3) safety and security; and
“(4) any other element the Secretary of Defense determines appropriate.
“(b) Limitation on Issuance of Waivers.—Any waiver of a uniform standard described in subsection (a) may only be issued by a Secretary of a military department.”
Guidance.— Not later than 30 days after the date on which the Secretary of Defense develops the uniform standards under section 2856b of title 10, United States Code (as added by subsection (a)), the Secretary of Defense shall issue to each Secretary of a military department guidance on such uniform standards.
SEC. 2833. Modification of Procedures for Issuance of Waivers of Covered Privacy and Configuration Standards; Temporary Biannual Briefing.
Termination of Existing Waivers of Covered Privacy and Configuration Standards.— Any waiver of covered privacy and configuration standards in effect on or before the date of the enactment of this Act shall terminate on March 1, 2024.
Waivers of Covered Privacy and Configuration Standards.— Subchapter III of title 10, United States Code, is amended by inserting after section 2856 the following new section:
Ҥ 2856a. Covered military unaccompanied housing: waivers of covered privacy and configuration standards
“(a) Procedures for Issuance of Certain Waivers.—Effective March 2, 2024, any waiver of covered privacy and configuration standards shall be issued in accordance with the following:
“(1) A commander of a military installation desiring a waiver of covered habitability standards shall submit to the Secretary of the military department concerned a request for such waiver.
“(2) A Secretary of a military department may approve a request under subparagraph (A) only if such Secretary has exhausted all options available to such Secretary to provide housing that meets covered privacy and configuration standards, including the—
“(A) use of available privately-owned military housing;
“(B) modification of unit integrity goals to allow the use of each available unit of covered military unaccompanied housing that meets covered privacy and configuration standards; and
“(C) issuance of a certificate of nonavailability of covered military unaccompanied housing to allow eligibility for basic allowance for housing under section 403 of title 37.
“(3) An official described in paragraph (1) or (2) may not delegate the respective authorities under such paragraphs.
“(4) Any waiver of covered privacy and configuration standards issued pursuant to this paragraph shall terminate on the date that is 9 months after the date on which such waiver was issued. A Secretary of a military department may not renew any such waiver.
“(b) Annual Report on Waivers.—Not later than March 1, 2025, and annually thereafter not later than 15 days after the submission of the budget of the President to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate and the Comptroller General of the United States a report on waivers issued under this section that includes—
“(1) the number of such waivers that were issued during the period covered by the report;
“(2) a plan to remedy the deficiencies, if any, of covered military unaccompanied housing that required the issuance of such a waiver;
“(3) a strategy to remedy issues, if any, caused by covered military unaccompanied housing that did not comply with such uniform standards;
“(4) a strategy to remedy the factors, if any, that require a commander of a military installation to submit to the applicable Secretary of a military department a request for consecutive waivers of such uniform standards, including a timeline for the implementation of such strategy; and
“(5) an analysis of strategies to remedy the factors described in paragraph (4), including—
“(A) projects to modernize existing covered military unaccompanied housing to comply with such uniform standards;
“(B) projects to construct new covered military unaccompanied housing; and
“(C) modifications to relevant policies of the Department of Defense, excluding such policies relating to infrastructure.
“(c) Covered Privacy and Configuration Standard Defined.—In this section, the term ‘covered privacy and configuration standard’ means the minimum standards for privacy and configuration applicable to covered military unaccompanied housing described in Department of Defense Manual 4165.63 titled ‘DoD Housing Management’ and dated October 28, 2010 (or a successor document).”
Temporary Biannual Briefing on Waivers; Limitations on Availability of Funds.—
Briefings.— Not later than 30 days after the submission of the budget of the President to Congress pursuant to section 1105 of title 31, United States Code, and on a biannual basis thereafter until the date that is two years after the date of the enactment of this Act, each Secretary of a military department shall provide to the congressional defense committees a briefing on waivers of covered privacy and configuration standards pursuant to section 2856a of title 10, United States Code, for covered military unaccompanied housing under the jurisdiction of that Secretary that includes—
the number, disaggregated by military installation, of waivers in effect as of the date of such briefing relating to occupancy;
a list of each waiver described in subparagraph (A) that includes—
an identification of the official who approved each such waiver;
a description of the military necessity underlying each such waiver; and
a statement of the period each such waiver is effective; and
an identification of the number of members of the Armed Forces that reside in covered military unaccompanied housing subject to a waiver described in such subparagraph.
Limitations.—
Operations and maintenance, army.— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal 2024 for Administration and Service-wide Activities, operations and maintenance, Army, not more than 75 percent may be obligated or expended until the Secretary of the Army provides the first respective briefing described in paragraph (1).
Operations and maintenance, navy.— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal 2024 for Administration and Service-wide Activities, operations and maintenance, Navy, not more than 75 percent may be obligated or expended until the Secretary of the Navy provides the first respective briefing described in such paragraph.
Operations and maintenance, air force.— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal 2024 for Administration and Service-wide Activities, operations and maintenance, Air Force, not more than 75 percent may be obligated or expended until the Secretary of the Air Force provides the first respective briefing described in such paragraph.
Revisions to Rules, Guidance, or Other Issuances.— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and Secretaries of the military departments shall revise any rule, guidance, or other issuance of the Department of Defense and the military departments under the respective jurisdictions of such Secretaries to include the procedures for the issuance of waivers of covered privacy and configuration standards pursuant to section 2856a of title 10, United States Code (as added by subsection (a)).
Comptroller General Briefing.— Not later than 60 days after the date of the submission of the plan described in subsection (b)(2) of section 2856a of title 10, United States Code (as added by subsection (a)), contained in the first report required under such subsection, the Comptroller General of the United States shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that includes—
an analysis on the ability of each military department to execute such plan; and
recommendations, if any, of the Comptroller General with respect to modifications of such plan.
Covered Privacy and Configuration Standard.— The term “covered privacy and configuration standard” has the meaning given in section 2856a of title 10, United States Code (as added by subsection (a)).
SEC. 2834. Certification of Habitability of Covered Military Unaccompanied Housing.
Section 2856b of title 10, United States Code (as added by section 2832) is amended by adding at the end the following new subsection:
“(c) Certification.—The Secretary of Defense shall include, in conjunction with the submission of the budget of the President to Congress pursuant to section 1105 of title 31, a certification from each Secretary of a military department to the congressional defense committees that the cost for all needed repairs and improvements for each occupied covered military unaccompanied housing facility under the jurisdiction of such Secretary does not exceed 20 percent of the replacement cost of such facility, as mandated by Department of Defense Manual 4165.63 titled ‘DoD Housing Management’ and dated October 28, 2010 (or a successor document).”
SEC. 2835. Pilot Program for Military Construction Projects to Replace Certain Covered Military Unaccompanied Housing Facilities.
In General.— Each Secretary of a military department may carry out a pilot program under which each such Secretary administers a military construction project, not otherwise authorized by law, to replace a covered military unaccompanied housing facility—
that such Secretary determines is not in compliance with the uniform standards for covered military unaccompanied housing under section 2856b of title 10, United States Code (as added by section 2832); and
for which the total cost of a repair project to bring such covered military unaccompanied facility into compliance with such uniform standards exceeds 75 percent of the total cost of such a military construction project.
Facility Requirements.— A facility constructed pursuant to a military construction project under a pilot program under subsection (a)—
with respect to the covered military unaccompanied housing facility such facility replaces—
may not have a capacity to house more members of the Armed Forces;
shall be designed and utilized for the same purpose; and
shall be located on the same military installation; and
shall be designed to meet, at a minimum, standards for construction, utilization, and force protection.
Nondelegation.— For the purposes of carrying out a military construction project under a pilot program under subsection (a), the authority of a Secretary of a military department to determine whether a covered military unaccompanied housing facility is in substandard condition may not be delegated.
Source of Funds.— A Secretary of a military department may spend amounts available to such Secretary for operation and maintenance or unspecified military construction to carry out this section.
Congressional Notification.— With respect to a military construction project proposed to be carried out under a pilot program under subsection (a) with an estimated cost in excess of $10,000,000, the Secretary of the military department concerned shall submit to the appropriate committees of Congress a report that includes—
a justification for such military construction project;
an estimate of the total cost of such military construction project; and
a description of the elements of military construction, including the elements specified in section 2802(b) of title 10, United States Code, incorporated into such military construction project.
Sunset.— The authority to carry out a pilot program pursuant to subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act.
Definitions.— In this section:
The term “appropriate committees of Congress” has the meaning given such term in section 2801 of title 10, United States Code.
The term “covered military unaccompanied housing” has the meaning given such term in section 2856 of such title (as amended by section 2831).
SEC. 2836. Establishment of Civilian Employees for Oversight of Covered Military Unaccompanied Housing.
Establishment Civilian Employees.—
In general.— Not later than 30 days after the date of the enactment of this Act and subject to paragraph (3), the Secretary of Defense shall issue regulations to require each Secretary of a military department to establish a civilian employee at the housing office of each military installation under the respective jurisdiction of each such Secretary to be responsible for oversight of covered military unaccompanied housing at that military installation. Such civilian employee shall be an employee of—
the Department of Defense; or
the military department concerned.
Supervisory chain.— Each civilian employee described in paragraph (1) and member of the Armed Forces described in paragraph (3) shall report to an appropriate supervisory civilian employee at the housing office for the applicable military installation.
Exception.— The requirement under the regulations issued pursuant to paragraph (1) shall not apply with respect to military installations at which oversight of covered military unaccompanied housing is performed by a member of the Armed Forces with an occupational specialty that defines the primary duty of such member as a barracks manager or an equivalent occupation.
Limitation on Role by Members of the Armed Forces; Position Designation.—
Limitation.— The Secretary of Defense and the Secretaries of the military departments concerned may not allow an enlisted member of the Armed Forces or commissioned officer to, as a collateral duty, be designated as a barracks manager or supervisor overseeing, managing, accepting, or compiling maintenance records for any covered military unaccompanied housing at the applicable military installation.
Designation.— Except as provided in paragraph (3) of subsection (a), the functions of a barracks manager or supervisor described in paragraph (1) shall be completed by a civilian employee described in paragraph (1) of such subsection.
Definitions.— In this section:
The term “covered military unaccompanied housing” has the meaning given such term in section 2856 of title 10, United States Code (as amended by section 2831).
The term “military installation” has the meaning given such term in section 2801 of such title.
SEC. 2837. Maintenance Work Order Management Process for Covered Military Unaccompanied Housing.
In General.— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to establish for each military department a process associated with maintenance work order management for covered military unaccompanied housing under the jurisdiction of such military department that is—
in existence on or before the date of the enactment of this Act; or
constructed or used on or after such date of enactment.
Use of Process.— The processes required under subsection (a) shall include clearly defined requirements for effective and timely maintenance work order management, including requirements with respect to—
quality assurance for maintenance completed;
communication of maintenance progress and resolution with individuals responsible for the management of the covered military unaccompanied housing and the residents of such housing; and
standardized performance metrics, such as the timeliness of completion of maintenance work orders.
Administration.— The Secretary of each military department shall administer the process for maintenance work order management required under subsection (a) for the military department under the jurisdiction of such Secretary and shall issue or update relevant guidance as necessary.
Covered Military Unaccompanied Housing Defined.— In this section, the term “covered military unaccompanied housing” has the meaning given in section 2856 of title 10, United States Code (as amended by section 2831).
SEC. 2838. Uniform Index for Evaluating the Condition of Covered Military Unaccompanied Housing Facilities.
In General.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Assistant Secretary of Defense for Energy, Installations, and Environment, shall establish a uniform index for evaluating the condition of covered military unaccompanied housing facilities—
that exist as of the date of the enactment of this Act; and
that are constructed or used on or after such date.
Completion of Index.— Not later than 6 months after the date of the enactment of this Act, each Secretary of a military department shall apply the uniform index established under subsection (a) to evaluate the condition of each military installation under the jurisdiction of each such Secretary.
Definitions.— In this section:
The term “covered military unaccompanied housing” has the meaning given in section 2856 of title 10, United States Code (as amended by section 2831).
The term “military department” has the meaning given in section 101 of such title.
The term “military installation” has the meaning given in section 2801 of such title.
SEC. 2839. Annual Reports on the Condition of Covered Military Unaccompanied Housing.
Report Required.— Along with the submission of the budget of the President to Congress pursuant to section 1105 of title 31, United States Code, for fiscal year 2025, and annually thereafter for the subsequent four years, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the condition of covered military unaccompanied housing facilities using the uniform index described in section 2838 of this Act.
Elements.— Each report required under subsection (a) shall include the following:
A list of the condition of each such covered military unaccompanied housing facility located on each military installation under the jurisdiction of the Secretary of the military department concerned.
For such facilities in poor or failing condition—
the percentage of repair costs as compared to the total replacement cost for each such facility;
the funding required to conduct all needed repairs and improvements at each such facility; and
the five-year plan for addressing conditions at such facility.
For such facilities in good and fair condition, the five-year plan for sustainment to ensure that each such facility does not fall to poor or failing condition.
Any other information determined appropriate by the Secretary of the military department concerned.
Definitions.— In this section:
The term “covered military unaccompanied housing” has the meaning given in section 2856 of title 10, United States Code (as amended by section 2831).
The term “military department” has the meaning given in section 101 of such title.
The term “military installation” has the meaning given in section 2801 of such title.
Amendment to Briefings on MHPI Housing Projects.— Section 606(a)(4) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1795; 10 U.S.C. 2871 note) is amended by striking “ the Secretary of Defense” and inserting “ each Secretary of a military department”.
Amendment to Submissions on Housing Documents.— Section 2890(d) of title 10, United States Code, is amended—
by striking “ the Secretary of Defense” each place it appears and inserting “ each Secretary of a military department”; and
by striking “ the Department of Defense” and inserting “ the military department under the jurisdiction of such Secretary”.
SEC. 2840. Submission of Temporary Housing Support Certification to Members of Congress.
Section 2815 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2556 note) is amended by adding at the end the following new sentence: “ Upon granting such certification, the Secretary of Defense shall notify each Member of Congress representing the area in which such facility is located of such grant of certification.”
SEC. 2841. Elimination of Flexibilities for Construction Standards for Covered Military Unaccompanied Housing.
In General.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and each Secretary of a military department shall modify all directives, instructions, manuals, regulations, policies, and other guidance and issuances of the Department of Defense or appropriate military department to eliminate the grant of any flexibilities to the standards for construction of new covered military unaccompanied housing.
Matters Included.— The requirement under subsection (a) shall include modifications that remove the flexibility provided to the military departments with respect to new construction standards for covered military unaccompanied housing, including modification of the Department of Defense Manual 4165.63 titled “DoD Housing Management” and dated October 28, 2010 (or a successor document).
Covered Military Unaccompanied Housing Defined.— In this section, the term “covered military unaccompanied housing” has the meaning given in section 2856 of title 10, United States Code (as amended by section 2831).
Subtitle D Real Property and Facilities Administration
SEC. 2851. Guidance on Department of Defense-Wide Standards for Access to Military Installations.
Interim Guidance.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall issue interim guidance to the appropriate official or officials within the Department of Defense for purposes of establishing final standards of the Department of Defense for determining the fitness of individuals for access to military installations, which shall include modifying volume 3 of the Department of Defense Manual 5200.08 titled “Physical Security Program: Access to DoD Installations” (dated January 2, 2019) or any comparable or successor policy guidance document.
Final Guidance.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue final guidance relating to the standards described in subsection (a).
Briefing.— Not later than 60 days after issuing the interim guidance required under subsection (a), the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on such guidance, which shall include a timeline for the issuance of such final guidance.
SEC. 2852. Authority to Make Grants for Security and Fire Protection for Former Army and Navy General Hospital, Hot Springs National Park, Hot Springs, Arkansas; Briefing.
Grant Authority.— The Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, may make a grant (including a supplemental grant) or enter into a cooperative agreement under section 2391 of title 10, United States Code, to assist the State of Arkansas provide security services and fire protection services for the covered property.
Briefing Required.— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense committees a briefing that includes—
a summary of the coordination among affected stakeholders during the period covered by the briefing, including—
the Administrator of the General Services Administration;
the National Park Service;
the Governor of Arkansas;
the Mayor of Hot Springs, Arkansas; and
the State Historic Preservation Officer for the State of Arkansas;
a summary of—
any environmental investigations conducted at the covered property as of the date of the enactment of this Act;
the response actions required under any such environmental investigation;
an identification of potentially responsible parties, if any, for any hazardous substance identified under an environmental investigation described in subparagraph (A); and
an estimate of the cost to complete environmental restoration at the covered property;
an estimation of the total cost to—
stabilize each structure on the covered property; and
demolish each such structure; and
an assessment of necessary steps for the covered property to be eligible for a grant under the Arkansas Brownfields Program and recommendations with respect to such steps.
Authorization of Appropriations.— The Secretary of Defense may obligate or expend not more than $2,750,000 of the funds authorized to be appropriated in section 4301 for the Office of Local Defense Community Operation to carry out subsection (a).
Covered Property Defined.— In this section, the term “covered property” means the approximately twenty-one acres, more or less, of land located at Hot Springs National Park, Arkansas, which comprise facilities previously occupied by the Army and Navy General Hospital conveyed by quitclaim deed to the State of Arkansas pursuant to the Act of September 21, 1959.
SEC. 2853. Plan and Report on Critical Infrastructure Systems at Military Installations.
Plan.— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to implement a standardized system to measure and report on the condition and performance of, the level of investment in, and any applicable risks to critical infrastructure systems owned by the Federal Government that—
have not been privatized or transferred pursuant to a conveyance under section 2688 of title 10, United States Code; and
are located on a military installation (as defined in section 2801 of such title).
Report.—
In general.— Beginning on February 1 of the year immediately following the date on which the plan under subsection (a) is submitted, and annually thereafter, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a consolidated report on the condition of critical infrastructure systems owned by the Federal Government located at military installations.
Elements.— Each report required by paragraph (1) shall include the following:
Installation-level data for each critical infrastructure system described in paragraph (1) that includes the following for each such system:
For the five-year period preceding the date of submission of the report, all instances of noncompliance of such system with any applicable Federal or State law or regulation, including information on any prior or current consent order or equivalent compliance agreement with any Federal or State regulatory agency.
The year of original installation of critical infrastructure system components, including treatment facilities, pump stations, and storage tanks.
The average age of distribution system piping and wiring.
The rate of system recapitalization, represented as an annual percentage replacement rate of all critical infrastructure system assets.
For the one-year period preceding the date of submission of the report, the percentage of key system operational components (including fire hydrants, valves, and backflow preventors) inspected and determined through testing to be fully operational.
For the one-year period preceding the date of submission of the report, the absolute number, and a normalized measure for comparative purposes, of all unplanned system outages.
For the one-year period preceding the date of submission of the report, the absolute duration, and a normalized measure for comparative purposes, of all unplanned system outages.
For the one-year period preceding the date of submission of the report, the absolute number, and a normalized measure for comparative purposes, of all critical infrastructure system main breaks and leaks.
A standardized risk assessment for each military installation, identifying the current and projected level of risk related to the following:
The ability to maintain compliance with applicable current and proposed State regulations and standards and applicable regulations and policies of the Department of Defense and the military departments related to each critical infrastructure system described in paragraph (1), and the ability to operate critical infrastructure systems in accordance with accepted industry standards.
The ability to maintain a consistent and compliant supply of water for current and projected future installation needs based on current and projected source water availability and quality, including an assessment of source water contamination risks for each critical infrastructure system described in paragraph (1).
The ability of each critical infrastructure system described in paragraph (1) to withstand severe weather events, including drought, flooding, and temperature fluctuations.
The ability for utility industrial controls systems for each critical infrastructure system described in paragraph (1) to maintain compliance with applicable current and proposed cybersecurity standards and regulations.
Form.— A report under this subsection shall be submitted in an unclassified form but may contain a classified annex.
Critical Infrastructure System Defined.— In this section, the term “critical infrastructure system” includes a transportation infrastructure system and a utilities infrastructure system.
SEC. 2854. Closure and Disposal of the Pueblo Chemical Depot, Pueblo County, Colorado.
In General.— The Secretary of the Army shall close Pueblo Chemical Depot in Pueblo County, Colorado (in this section referred to as the “Depot”), not later than one year after the completion of the chemical demilitarization mission in such location in accordance with the Chemical Weapons Convention Treaty.
Procedures.— The Secretary of the Army shall carry out the closure and subsequent related property management and disposal of the Depot, including the land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property that comprise the Chemical Agent-Destruction Pilot Plant, in accordance with the procedures and authorities for the closure, management, and disposal of property under the appropriate base closure laws (as defined in section 101 of title 10, United States Code).
Office of Local Defense Community Cooperation Activities.— The Office of Local Defense Community Cooperation of the Department of Defense may make grants and supplement other Federal funds pursuant to section 2391 of title 10, United States Code, to support closure and reuse activities of the Depot.
Treatment of Existing Permits.— Nothing in this section shall be construed to prevent the removal or demolition by the Program Executive Office, Assembled Chemical Weapons Alternatives of the Department of the Army of existing buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property of the Chemical Agent-Destruction Pilot Plant at the Depot in accordance with the existing Hazardous Waste Permit Number CO-20-09-02-01 under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the Resource Conservation and Recovery Act of 1976) issued by the State of Colorado, or any associated or follow-on permits under such Act.
Relation to Procedures for Use to Assist the Homeless.— Such land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property comprising the Chemical Agent-Destruction Pilot Plant at the Depot is—
hereby deemed unsuitable for use to assist the homeless; and
not subject to the procedures relating to the use to assist the homeless of buildings and property at military installations under 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).
SEC. 2855. Limitation on Authority to Modify or Restrict Public Access to Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland.
In General.— Except as provided in subsection (b), the Secretary of the Navy may not modify or restrict public access to the Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland.
Exceptions.— The limitation in subsection (a) shall not apply to—
temporary restrictions to protect public safety that are necessitated by emergent situations, hazardous conditions, maintenance of existing facilities, or live fire exercises; or
the terms of a lease or transfer of the Greenbury Point Conservation Area to another public entity.
SEC. 2856. Authorization for the Secretary of the Navy to Resolve the Electrical Utility Operations at Former Naval Air Station Barbers Point, Hawaii.
In General.— The Secretary of the Navy (in this section referred to as the “Secretary”) may enter into an agreement with the State of Hawaii or a third party for the purpose of resolving the electrical utility operations at Former Naval Air Station Barbers Point, Hawaii, also known as “Kalaeloa”.
Elements of Agreement.— An agreement entered into under subsection (a) shall include a requirement that the Secretary—
assist with—
the transfer of customers of the Navy off of the electrical utility system of the Navy at the location specified in such subsection; and
the enhancement of the surrounding electrical utility system to accept any additional load from such transfer, with a priority for such systems that serve downtown Kalaeloa, Hawaii, and the Hawaii Army National Guard;
provide the instantaneous peak demand analysis and design necessary to conduct such transfer;
provide rights of way and easements necessary to support the construction of replacement electrical infrastructure; and
be responsible for all environmental assessments and remediation, and costs related to the removal and disposal, of the electrical utility system of the Navy once it is no longer in use.
Limitation on Expenditure of Amounts.— The Secretary may expend not more than $48,000,000 during any fiscal year to provide support for an agreement entered into under subsection (a).
Notification.— Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter until the date on which an agreement described in subsection (a) is entered into, the Secretary shall submit to the congressional defense committees a report on progress made in developing and entering into an agreement described in subsection (a).
Repeal.— Section 2205 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2977) is repealed.
SEC. 2857. Inclusion of Military Installation Resilience in Real Property Management and Installation Master Planning of Department.
In General.— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
update Department of Defense Instruction 4165.70 (relating to real property management) and Unified Facilities Criteria 2–100–01 (relating to installation master planning) to—
include a requirement to incorporate the impact of military installation resilience in all installation master plans;
include a list of all sources of information approved by the Department of Defense;
define the 17 identified military installation resilience hazards to ensure that the impacts from such hazards are reported consistently across the Department;
require each commander of a military installation to address the rationale for determining that any such hazard is not applicable to the military installation concerned;
standardize reporting formats for military installation resilience plans;
establish and define standardized risk rating categories for the use by each Secretary of a military department; and
define criteria for determining the level of risk to a military installation to compare hazards between military departments; and
require each Secretary of a military department to update the handbook for the military department concerned to incorporate the requirements under paragraph (1).
SEC. 2858. Modification of Authority to Relocate Joint Spectrum Center to Fort Meade, Maryland.
Section 2887(a)(1) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 569) is amended by striking “ ; and” and inserting “ ; or”.
Subtitle E Land Conveyances
SEC. 2861. Extension of Sunset for Land Conveyance, Sharpe Army Depot, Lathrop, California.
Section 2833(g) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “ three years” and inserting “ five years”.
SEC. 2862. Clarification of Authority of Department of Defense to Conduct Certain Military Activities at Nevada Test and Training Range.
Specification of Authorized Military Activities.— Paragraph (1) of section 3011(b) of the Military Lands Withdrawal Act of 1999 (title XXX of the National Defense Authorization Act for Fiscal Year 2000; Public Law 106–65; 113 Stat. 886) is amended—
in the matter preceding subparagraph (A), by inserting “ , subject to the conditions set forth in subsection (a) of section 3014” after “ Secretary of the Air Force”;
by striking “ and” at the end of subparagraph (C);
by redesignating subparagraph (D) as subparagraph (G); and
by inserting after subparagraph (C) the following new subparagraphs:
“(D) for emergency response;
“(E) for the establishment and use of existing or new electronic tracking and communications sites, including the construction of up to 15 equipment pads, no larger than 150-by-150 feet in size, along existing roads to allow placement and operation of threat emitters;
“(F) for the use and maintenance of roads in existence as of January 1, 2024, to allow access to threat emitters and repeaters for installation, maintenance, and periodic relocation; and”
Interagency Committee.— Section 3011(b)(5)(G) of the Military Lands Withdrawal Act of 1999 (title XXX of the National Defense Authorization Act for Fiscal Year 2000; Public Law 106–65) is amended—
by amending clause (i) to read as follows:
“(i) In general.—The Secretary of the Interior and the Secretary of the Air Force shall jointly establish an interagency committee (referred to in this subparagraph as the ‘interagency committee’) to—
“(I) facilitate coordination, manage public access needs and requirements, and minimize potential conflict between the Department of the Interior and the Department of the Air Force with respect to joint operating areas within the Desert National Wildlife Refuge; and
“(II) discuss the activities authorized in paragraph (1) and provide input to the United States Fish and Wildlife Service and the Department of the Air Force when assessing whether these activities may be conducted on the joint operating areas within the Desert National Wildlife Refuge that are under the primary jurisdiction of the Secretary of the Interior in a manner that is consistent with the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et seq.) and other applicable law.”
; and
in clause (ii)—
by inserting “ , including a designee of the Director of the United States Fish and Wildlife Service” before the period at the end of subclause (I); and
by inserting “ , including a designee of the Assistant Secretary of the Air Force for Energy, Installations, and Environment” before the period at the end of subclause (II).
Additional Purpose of Intergovernmental Executive Committee.— Section 3011(b)(5)(H)(ii) of the Military Lands Withdrawal Act of 1999 (title XXX of the National Defense Authorization Act for Fiscal Year 2000; Public Law 106–65) is amended—
by striking “ and” at the end of subclause (I);
by striking the period at the end of subclause (II) and inserting “ ; and”; and
by adding at the end the following new subclause:
“(III) discussing and making recommendations to the interagency committee established under subparagraph (G) with respect to any proposal by the Secretary of the Air Force to undertake any of the activities authorized in paragraph (1) on the joint operating areas within the Desert National Wildlife Refuge.”
Completion of Interagency Memorandum of Understanding.—
Deadline.— Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force and the Secretary of the Interior shall—
enter into a complete new operational memorandum of understanding under paragraph (5)(E) of section 3011(b) of the Military Lands Withdrawal Act of 1999 (title XXX of the National Defense Authorization Act for Fiscal Year 2000; Public Law 106–65); or
amend the current memorandum of understanding in effect under that paragraph that will complete the memorandum of understanding.
Access to joint use area for fish and wildlife service.— The memorandum of understanding entered into or amended under paragraph (1) shall include one or more provisions to ensure adequate access for the United States Fish and Wildlife Service to the joint use area.
Bureau of Land Management and State of Nevada Cooperative Agreement.— Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the status of the cooperative agreement authorized under section 2905(j)(6) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 3043).
SEC. 2863. Extensions, Additions, and Revisions to the Military Lands Withdrawal Act of 1999 Relating to the Barry M. Goldwater Range, Arizona.
Extension of Withdrawal and Gila Bend Addition to Barry M. Goldwater Range.— Section 3031(a)(3) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 898) is amended—
by striking “ comprise approximately 1,650,200 acres” and inserting the following:
“(A) approximately 1,656,491.94 acres”
by striking “ ‘Barry M. Goldwater Range Land Withdrawal’, dated June 17, 1999” and inserting the following: “ ‘Barry M. Goldwater Range Requested Withdrawal Extension Map’, dated June 13, 2022”; and
by striking “ section 3033.” and inserting the following:
“(B) approximately 2,365.89 acres of land in Maricopa County, Arizona, as generally depicted on the map entitled ‘Gila Bend Addition to Barry M. Goldwater Range’, dated July 5, 2022, and filed in accordance with section 3033.”
Relation to Other Withdrawals and Reservations.— Section 3031(a) of such Act is amended—
by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively;
in paragraph (5), as so redesignated, by inserting “ , whichever is later” after “ accepted by the Secretary of the Interior”; and
by inserting after paragraph (3) the following:
“(4) Relation to other withdrawals and reservations.—
“(A) The prior withdrawals and reservations identified as Public Land Order Nos. 56 and 97, and Executive Orders 8892, 9104, and 9215, are hereby revoked in their entirety.
“(B) Upon the date of the enactment of this paragraph, the patented mining claim known as the Legal Tender, Mineral Survey No. 3445, located in Section 26, Township 15 South, Range 10 West, Gila Salt River Meridian, Arizona, is hereby transferred from the Secretary of the Air Force to the Secretary of the Interior, at no cost and in ‘as-is’ condition, and shall be managed by the United States Fish and Wildlife Service as a land parcel included within the Cabeza Prieta National Wildlife Refuge and in wilderness status as part of the Cabeza Prieta Wilderness.”
Renewal of Current Withdrawal and Reservation.— Section 3031(d) of such Act is amended by striking “ 25 years after the date of the enactment of this Act” and inserting “ on October 5, 2049”.
Extension.— Section 3031(e) of such Act is amended—
in the heading, by striking “ Initial”; and
in paragraph (1), by striking “ initial”.
SEC. 2864. Land Acquisition, Westmoreland State Park, Virginia.
Authority.— The Secretary of the Navy may acquire, by purchase or lease from the Commonwealth of Virginia (in this section referred to as the “Commonwealth”), a real property interest in approximately 225 square feet of land, including ingress and egress, at Westmoreland State Park, Virginia, for the purpose of installing, operating, maintaining, and protecting equipment to support research and development activities by the Department of the Navy for national security purposes.
Terms and Conditions.— The acquisition of property under this section shall be subject to the following terms and conditions:
The Secretary shall pay the Commonwealth fair market value for the interest to be acquired, as determined by the Secretary.
Such other terms and conditions considered appropriate by the Secretary.
Description of Property.— The legal description of the property to be acquired under this section shall be determined by a survey that is satisfactory to the Secretary and the Commonwealth.
Applicability of the Land and Water Conservation Fund Act.— The provisions of chapter 2003 of title 54, United States Code, shall not apply to the acquisition of property under this section.
Reimbursement.— The Secretary shall reimburse the Commonwealth for reasonable and documented administrative costs incurred by the Commonwealth to execute the acquisition by the Secretary authorized by this section.
Termination of Real Property Interest.— The real property interest acquired by the Secretary shall terminate, and be released without cost to the Commonwealth, when the Secretary determines such real property interest is no longer required for national security purposes.
SEC. 2865. Land Conveyance, Naval Weapons Station Earle, New Jersey.
Conveyance Authorized.— The Secretary of the Navy may convey to Colts Neck Township, New Jersey (in this section referred to as the “Township”), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 3.13 acres and currently used by the Township for school bus parking.
Consideration.—
Consideration required.— As consideration for the conveyance under subsection (a), the Township shall pay to the Secretary of the Navy an amount equal to not less than the fair market value of the property to be conveyed, as determined by the Secretary, which may consist of cash payment, in-kind consideration as described in paragraph (2), or a combination thereof.
In-kind consideration.— In-kind consideration provided by the Township under paragraph (1) may include—
the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or a combination thereof, of any property, facilities, or infrastructure with proximity to Naval Weapons Station Earle, New Jersey; or
the delivery of services relating to the needs of Naval Weapons Station Earle that the Secretary considers acceptable.
Conveyance.— Cash payments received under subsection (b) as consideration for the conveyance under subsection (a) shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code.
Payment of Costs of Conveyance.—
Payment required.— The Secretary of the Navy shall require the Township to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance. If amounts are collected from the Township 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 Township.
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 land conveyance under subsection (a) or, if the period of availability of obligations for that appropriation has expired, to the appropriations of a fund that is 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 parcel of real property to be conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary of the Navy.
Additional Terms and Conditions.— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2866. Land Conveyance, Paine Field Air National Guard Station, Everett, Snohomish County, Washington.
Conveyance Authorized.— The Secretary of the Air Force (in this section referred to as the “Secretary”) may convey to Snohomish County, a political subdivision of the State of Washington (in this section referred to as the “County”) all right, title, and interest of the United States in and to three parcels of real property, including any improvements thereon and any related easements, consisting of approximately 14.23 acres, collectively, located on the Washington Air National Guard Base at Paine Field, Everett, Washington, for the purposes of—
removing the property from the boundaries of the Washington Air National Guard Base and accommodating the operational needs of the Snohomish County Airport and Paine Field; and
the development of the parcels and buildings for economic purposes.
Conditions of Conveyance.— The conveyance under subsection (a) shall be—
subject to valid existing rights;
subject to the condition that the County accept the real property, and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance “as is”);
subject to any other terms and conditions as agreed to by the Secretary and the County; and
subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
Consideration.—
Consideration required.— As consideration for the conveyance under subsection (a), the County shall pay to the Secretary in cash an amount that is not less than the fair market value of the right, title, and interest conveyed under subsection (a), as determined by the Secretary based on an appraisal of the property.
Treatment of consideration received.— Consideration received by the Secretary under paragraph (1) shall be deposited in the account in the Treasury established under section 572(b) of title 40, United States Code, and shall be available in accordance with paragraph (5)(B)(ii) of such subsection.
Payment of Costs of Conveyance.—
Payment required.— The Secretary may require the County to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to real estate due diligence and any other administrative costs related to the conveyance. If amounts paid by the County to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the County.
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 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.
SEC. 2867. Land Conveyance, Wetzel County Memorial Army Reserve Center, New Martinsville, West Virginia.
Conveyance Authorized.—
In general.— The Secretary of the Army (in this section referred to as the “Secretary”) may convey to the City of New Martinsville, West 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, including any improvements thereon, consisting of approximately 2.96 acres, known as the former Wetzel County Memorial Army Reserve Center, located within the City, for the purpose of providing emergency management response or law enforcement services.
Continuation of existing easements, restrictions, and covenants.— The conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act.
Revisionary Interest.—
In general.— If the Secretary determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property.
Determination.— A determination by the Secretary under paragraph (1) may be made on the record after an opportunity for a hearing.
Payment of Costs of Conveyance.—
Payment required.— The Secretary may require the City to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance.
Refund of excess amounts.— If amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City.
Limitation on Source of Funds.— The City may not use Federal funds to cover any portion of the costs required to be paid by the City under this section.
Description of Property.— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
Additional Terms and Conditions.— The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2868. Land Conveyance, Bg J Sumner Jones Army Reserve Center, Wheeling, West Virginia.
Conveyance Authorized.—
In general.— The Secretary of the Army (in this section referred to as the “Secretary”) may convey to the City of Wheeling, West 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, including any improvements thereon, consisting of approximately 3.33 acres, known as the former BG J Sumner Jones Army Reserve Center, located within the City, for the purpose of providing emergency management response or law enforcement services.
Continuation of existing easements, restrictions, and covenants.— The conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act.
Revisionary Interest.—
In general.— If the Secretary determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property.
Determination.— A determination by the Secretary under paragraph (1) may be made on the record after an opportunity for a hearing.
Payment of Costs of Conveyance.—
Payment required.— The Secretary may require the City to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance.
Refund of excess amounts.— If amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City.
Limitation on Source of Funds.— The City may not use Federal funds to cover any portion of the costs required to be paid by the City under this section.
Description of Property.— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
Additional Terms and Conditions.— The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Subtitle F Pilot Programs and Reports
SEC. 2871. Modification of Pilot Program on Increased Use of Sustainable Building Materials in Military Construction.
Section 2861 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2802 note) is amended—
in subsection (b)(1), by striking “ at least” and all that follows through the period at the end and inserting
“(A) one military construction project for mass timber; and
“(B) one military construction project for low carbon concrete.”
in subsection (d), by striking “ September 30, 2024” and inserting “ September 30, 2025”;
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;
by inserting after subsection (d) the following new subsection:
“(e) Deadline for Commencement of Construction.—Any construction pursuant to a military construction project carried out under the pilot program must commence by not later than January 1, 2025.”
; and
in subsection (f)(1) (as so redesignated), by striking “ December 31, 2024” and inserting “ December 31, 2025”.
SEC. 2872. Modification of Pilot Program on Establishment of Account for Reimbursement for Use of Testing Facilities at Installations of the Department of the Air Force.
In General.— Section 2862 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 10 U.S.C. 9771 note prec.) is amended—
in subsection (a), by striking “ testing” and inserting “ Major Range and Test Facility Base”;
in subsection (b), by inserting “ , have Major Range and Test Facility Base facilities,” after “ construct”;
by amending subsection (c) to read as follows:
“(c) Oversight of Funds.—
“(1) Use of amounts.—The commander of an installation selected to participate in the pilot program may obligate or expend amounts reimbursed under the pilot program for projects at the installation.
“(2) Designation of maintenance costs.—
“(A) In general.—The commander of an installation selected to participate in the pilot program may designate the appropriate amount of maintenance cost reimbursements to be charged to users of Major Range and Test Facility Base facilities under the pilot program.
“(B) Use of maintenance cost reimbursements.—Maintenance cost reimbursements under subparagraph (A) for an installation may be used either solely or in combination with funds otherwise made available to satisfy the costs of maintenance projects at the installation.
“(3) Oversight.—The commander of an installation selected to participate in the pilot program shall have direct oversight over amounts reimbursed to the installation under the pilot program for Facility, Sustainment, Restoration, and Modernization.”
by redesignating subsection (e) as subsection (f);
by inserting after subsection (d) the following new subsection:
“(e) Treatment of Reimbursements.—Funds otherwise made available to participants in the pilot program may not be reduced by amounts reimbursed under the pilot program for Facility, Sustainment, Restoration, and Modernization.”
; and
in subsection (f), as redesignated by paragraph (2), by striking “ December 1, 2026” and inserting “ December 1, 2027”.
Clerical Amendment.— The heading for such section 2862 is amended to read as follows:
“SEC. 2862. PILOT PROGRAM TO AUGMENT SUSTAINMENT WITH MAINTENANCE COST REIMBURSEMENTS FROM MAJOR RANGE AND TEST FACILITY BASE USERS AT INSTALLATIONS OF THE DEPARTMENT OF THE AIR FORCE.”
.
SEC. 2873. Pilot Program to Provide Air Purification Technology in Covered Military Housing.
In General.— The Secretary of Defense may carry out a pilot program to—
provide commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) for air purification and covered sensors to landlords; and
monitor and measure the effect of such items on the environmental health and public health of tenants of covered military housing.
Selection of Installations.—
In general.— The Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall each select one military installation under the jurisdiction of such Secretary to carry out any pilot program carried out under this section.
Considerations.— Each Secretary shall ensure that the military installation selected under this section contains military unaccompanied housing in which the items described in subsection (a) may be used.
Devices.— An air purification item or a covered sensor provided under this section shall use technology proven to reduce indoor air risks and yield measurable environmental health and public health outcomes.
Briefing.— Not later than 365 days after the date on which a pilot program is commenced under this section, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall each provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the pilot program established under this section, including a description of the items described in subsection (a) used under such program. The briefing shall include—
a description of any cost savings identified from use of such items relating to—
extending the durability and habitability of covered military housing; and
reducing maintenance frequency; and
with respect to cost savings identified in paragraph (1), a plan to expand the use of covered sensors and air purification items in newly constructed covered military housing.
Definitions.— In this section:
The term “covered sensor” means a commercially available off-the-shelf item (as defined in section 104 of title 41, United States Code) manufactured in the United States that detects the conditions for potential mold growth before mold is present.
The term “covered military housing” means—
military unaccompanied housing; and
Government-owned units of military housing.
The term “military unaccompanied housing” has the meaning given in section 2871 of title 10, United States Code.
SEC. 2874. Joint Housing Requirements and Market Analysis for Certain Military Installations in Hawaii.
In General.— The Secretary of Defense, in consultation with appropriate Federal, State, and local stakeholders (to the maximum extent practicable) shall conduct a joint Housing Requirements and Market Analysis for each covered military installation.
Deadline.— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on each joint Housing Requirements and Market Analysis conducted under subsection (a) that includes—
an analysis of the extent to which military installations in Hawaii have affected the availability of housing in communities in proximity to such military installations;
the number of members of the Armed Forces and their dependents residing in privately-owned housing located outside of such military installations;
a cost-benefit analysis of implementing a requirement for each member of the Armed Forces assigned to a duty station in Hawaii to reside in housing located on the military installation to which such member is assigned;
an assessment of strategies to reduce the effect of members of the Armed Forces and dependents of such members on the availability of rental housing in such communities, including strategies to provide such members and dependents with alternative housing options;
the optimal stock and occupancy rate of military housing units in Hawaii, as determined by the Secretary;
an estimate of the cost to the United States to maintain such optimal stock and occupancy rate;
an assessment of the feasibility of expanding housing located on military installations in Hawaii to create housing intended to be occupied by civilian employees and contractors of the Department of Defense;
an identification of limitations and challenges, if any, to data collection and analysis in carrying out such joint Housing Requirements and Market Analysis;
strategies to—
address such limitations and challenges; and
standardize methods of data collection and analysis for conducting a Housing Requirements and Market Analysis under section 2837 of title 10, United States Code; and
other relevant information, as determined by the Secretary.
Definitions.— In this section:
The term “covered military installation” means a military installation in Hawaii for which a Housing Requirements and Market Analysis has not been conducted during the three-year period preceding the date of the enactment of this Act.
The term “Housing Requirements and Market Analysis” has the meaning given such term in section 2837 of title 10, United States Code.
The term “military installation” has the meaning given such term in section 2801 of such title.
SEC. 2875. Quarterly Briefings on Military Construction Related to the Sentinel Intercontinental Ballistic Missile Weapon System Program.
Briefing Required.— Not later than 180 days after the date of the enactment of this Act, and every 90 days thereafter until the date that is five years after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on contracts for covered construction projects relating to the Sentinel intercontinental ballistic missile weapon system program.
Elements.— These briefings shall include at a minimum the following information:
An update on the Sentinel intercontinental ballistic missile weapon system program, including delays that may affect the timelines for covered construction projects.
An update on timelines and costs for covered construction projects, including details on land acquisitions for such projects.
An update on any site surveys conducted at the site for performance of the covered construction project, including new information about site conditions that may impact future contracts for covered construction projects.
With respect to any contract or subcontract (at any tier) for a covered construction project that is not a fixed-price contract, a description of the location of performance for such contract or subcontract.
With respect to any contract or subcontract (at any tier) for a covered construction project that is a cost-plus-incentive-fee contract, a description of the following for performance of the contract or subcontract:
The target cost.
The target incentive fee.
The minimum and maximum incentive fee amounts.
A description of the incentive fee adjustment formula (including allowable costs).
A description of the incentive fee structure.
An analysis of any change to the elements in subparagraphs (A) through (E) since the previous quarter.
A summary of Government actions to mitigate cost growth of covered construction projects.
A review of conditions observed at the site for performance of the covered construction project contract during the previous quarter and how those conditions may impact the cost of such contract and subsequent contracts for covered construction projects at such site.
The most recent construction schedule, including any anticipated delays and mitigation measures for each such delay, requests for equitable adjustment, and any changes to the schedule since the previous quarter.
An update on the estimated cost to complete the covered construction project.
A summary of any factors that may cause delay to the completion of the covered construction project or cost growth for such project, including workforce shortages, regulatory review timelines, and supply chain shortages.
Any required changes to statute or regulation, including any changes to the future-years defense program submitted under section 221 of title 10, United States Code, relating to the covered construction project.
Covered Construction Project Defined.— In this section, the term “covered construction project” means a below-ground military construction project or other infrastructure project in connection with the development and fielding of the Sentinel intercontinental ballistic missile weapon system program.
Subtitle G Other Matters
SEC. 2881. Increase of Limitation on Fee for Architectural and Engineering Services Procured by Military Departments.
Army.— Section 7540(b) of title 10, United States Code, is amended by striking “ 6 percent” and inserting “ 10 percent”.
Navy.— Section 8612(b) of such title is amended by striking “ 6 percent” and inserting “ 10 percent”.
Air Force.— Section 9540(b) of such title is amended by striking “ 6 percent” and inserting “ 10 percent”.
SEC. 2882. Development and Operation of Marine Corps Heritage Center and National Museum of the Marine Corps.
In General.— Chapter 861 of title 10, United States Code, is amended by inserting after section 8617 the following new section:
Ҥ 8618. Marine Corps Heritage Center and National Museum of the Marine Corps at Marine Corps Base, Quantico, Virginia
“(a) Joint Venture for Development and Continued Maintenance and Operation.—The Secretary of the Navy may enter into a joint venture with the Marine Corps Heritage Foundation (in this section referred to as the ‘Foundation’), a not-for-profit entity, for the design, construction, and maintenance and operation of a multipurpose facility to be used for historical displays for public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated activities consistent with the mission of the Marine Corps University. The facility shall be known as the Marine Corps Heritage Center and the National Museum of the Marine Corps.
“(b) Design and Construction.—For each phase of development of the facility described in subsection (a), the Secretary may—
“(1) permit the Foundation to contract for the design, construction, or both of such phase of development; or
“(2) accept funds from the Foundation for the design, construction, or both of such phase of development.
“(c) Acceptance Authority.—Upon completion of construction of any phase of development of the facility described in subsection (a) by the Foundation to the satisfaction of the Secretary, and the satisfaction of any financial obligations incident thereto by the Foundation, the facility shall become the real property of the Department of the Navy with all right, title, and interest in and to facility being in the United States.
“(d) Maintenance, Operation, and Support.—
(1) The Secretary may, for the purpose of maintenance and operation of the Marine Corps Heritage Center and the National Museum of the Marine Corps—
“(A) enter into contracts or cooperative agreements, on a sole-source basis, with the Foundation for the procurement of property or services for the direct benefit or use of the Marine Corps Heritage Center and the National Museum of the Marine Corps; and
“(B) notwithstanding the requirements of subsection (h) of section 2667 of this title and under such terms and conditions as the Secretary considers appropriate for the joint venture authorized by subsection (a), lease in accordance with such section 2667 portions of the facility developed under subsection (a) to the Foundation for use in generating revenue for activities of the facility and for such administrative purposes as may be necessary for support of the facility.
“(2) In making a determination of fair market value under section 2667(b)(4) of this title for payment of consideration pursuant to a lease described in paragraph (1)(B), the Secretary may consider the entirety of the educational efforts of the Foundation, support to the Marine Corps Heritage Center history division by the Foundation, or the funding of museum programs and exhibits by the Foundation, or other support related to the Marine Corps Heritage Center and the National Museum of the Marine Corps, in addition to the types of in-kind consideration provided under section 2667(c) of this title.
“(3) The Secretary may authorize the Foundation to use real or personal property within the Marine Corps Heritage Center and National Museum of the Marine Corps to conduct additional revenue-generating activities, as the Secretary considers appropriate considering the work of the Foundation and needs of the Marine Corps Heritage Center and National Museum of the Marine Corps. The Secretary shall only authorize the use of such property for a revenue-generating activity if the Secretary determines the activity will not interfere with military activities and personnel or the activities of the Marine Corps Heritage Center and National Museum of the Marine Corps.
“(4) The Secretary shall retain lease payments received under this section, other than in-kind consideration authorized under paragraph (2) or under section 2667(c) of this title, solely for use in support of the Marine Corps Heritage Center and the National Museum of the Marine Corps, and funds received as lease payments shall remain available until expended.
“(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 Marine Corps Heritage Center or the National Museum of the Marine Corps. 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 Marine Corps Heritage Center or the National Museum of the Marine Corps 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 Marine Corps Heritage Center or the National Museum of the Marine Corps, 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 Marine Corps Heritage Center and the National Museum of the Marine Corps.
“(f) Additional Terms and Conditions.—The Secretary may require such additional terms and conditions in connection with the joint venture authorized by subsection (a) as the Secretary considers appropriate to protect the interests of the United States.”
Conforming Repeal.— Section 2884 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398) is repealed.
SEC. 2883. Technical Corrections.
Numu Newe Special Management Area.— Section 2902(c) of the Military Construction Authorization Act for Fiscal Year 2023 (16 U.S.C. 460gggg(c)) is amended by striking “ 217,845” and inserting “ 209,181”.
Reduction of Impact of Fallon Range Training Complex Modernization.— Section 2995(a)(3)(A) of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66) (as added by section 2901 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 3016)) is amended by inserting “ Gas” after “ Basin”.
SEC. 2884. Modification of Authority of Secretary of the Army to Enter into Cooperative Agreements Relating to Access and Management of Air Force Memorial.
Section 2863(e) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1332), is amended by striking “ the Foundation” and inserting “ non-Federal Government entities, the Secretary of the Air Force, or both,”.
SEC. 2885. Designation of National Museum of the Mighty Eighth Air Force.
Designation.— The National Museum of the Mighty Eighth Air Force located at 175 Bourne Avenue, Pooler, Georgia (or any successor location), is designated as the official National Museum of the Mighty Eighth Air Force of the United States (referred to in this section as the “National Museum”).
Relation to National Park System.— The National Museum shall not be included as a unit of the National Park System.
Rule of Construction.— This section shall not be construed to appropriate, or authorize the appropriation of, Federal funds for any purpose related to the National Museum.
SEC. 2886. Continuing Education Curriculum on Use of Innovative Products for Military Construction Projects.
Curriculum Required.— Not later than one year after the date of the enactment of this Act, the Commander of the Naval Facilities Systems Engineering Command and the Deputy Commanding General for Military and International Operations for the Army Corps of Engineers, shall establish a joint continuing education curriculum for the following individuals responsible for managing military construction projects and planning and design projects within the Department of Defense:
Project managers.
Program managers.
Design professionals.
Contracting officers.
Representatives of such contracting officers.
Elements.— The curriculum under subsection (a) shall include training on—
cost estimating and cost control mechanisms, including analyses of contract types;
standards relating to antiterrorism force protection, lateral wind, seismic activity, and fire performance;
life-cycle sustainability and renewability;
use of innovative building materials (including sustainable materials) and innovative construction methods; and
designs to improve the resilience of military installations.
Provision of Training; Curriculum Updates.— The Secretary of Defense shall ensure that—
not later than 180 days after the date of the completion of the curriculum under subsection (a), such curriculum is made available to the contracting officers and program managers described in such subsection;
by not later than January 1, 2025—
not less than 75 percent of the individuals described in paragraphs (1) through (5) of such subsection have completed the continuing education curriculum required under such subsection in effect as of such date; and
such individuals are provided updated information on innovative construction techniques on a continuous basis; and
such curriculum is updated each time an innovative product or construction method is included in the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01).
Report.— Not later than June 1, 2025, the Secretary of Defense shall submit to Committees on Armed Services of the House of Representatives and the Senate a report that includes—
an update on the status of the curriculum under subsection (a); and
a plan for administering such curriculum to the individuals described in paragraphs (1) through (5) of such subsection.
Definitions.— In this section, the terms “military construction project” and “military installation” have the meanings given in section 2801 of title 10, United States Code.
SEC. 2887. Guidance on Encroachment That Affects Covered Sites.
Guidance Required.— Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall issue guidance to establish—
a process to identify encroachment with respect to a covered site;
a method to mitigate such encroachment; and
a procedure to certify that such encroachment does not directly result in a national security risk to the covered site.
Considerations.— In developing the guidance required by this section, each Secretary of a military department shall consider the following:
The process by which a commander or head of a covered site identifies and reports encroachment with respect to such covered site.
Methods to track data relating to processes, methods, and procedures described in subsection (a).
Coordination processes to track and mitigate encroachment—
within each military department; and
between the military departments and the Assistant Secretaries of Defense for Sustainment and Industrial Base Policy.
Foreign Investment Encroachment.— Such guidance shall include a requirement that if a Secretary of a military department determines that encroachment described in subsection (a) involves or may involve foreign investment, such Secretary shall—
report information about encroachment relating to foreign investment to the Assistant Secretary of Defense for Industrial Base Policy; and
coordinate with the Assistant Secretary of Defense for Industrial Base Policy on efforts to mitigate such encroachment or potential encroachment.
Report.— Not later than 180 days after the date on which the guidance required by subsection (a) is issued, the Assistant Secretary of Defense for Sustainment, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the guidance required by this section, including—
the extent to which such guidance has been implemented within the Department of Defense;
a description of methods to update any lists of covered sites; and
an assessment of the procedure described in subsection (a)(3).
Definitions.— In this section:
The term “covered site” means a military installation or another facility or property of the United States Government.
The term “encroachment” means an activity conducted within close proximity to a covered site that—
may pose a national security risk to a covered site;
may affect the operational mission of a covered site; or
is incompatible with an installation master plan of a covered site.
The term “military department” has the meaning given such term in section 101 of title 10, United States Code.
The term “military installation” has the meaning given such term in section 2801 of title 10, United States Code.
SEC. 2888. Extension and Modification of Annual Updates to Master Plans and Investment Strategies for Army Ammunition Plants.
Section 2834(d) of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2201) is amended—
in the matter preceding paragraph (1), by striking “ March 31, 2026” and inserting “ March 31, 2030”; and
by adding at the end the following new paragraph:
“(5) A description of any changes to a master plan for an ammunition production facility made in response to global events, including pandemics and armed conflicts.”
SEC. 2889. Limitation on Use of Funds for United States Space Command Headquarters.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of Defense may be obligated or expended to acquire, construct, plan, or design a new headquarters building for United States Space Command until June 30, 2024, when the Inspector General of the Department of Defense and the Comptroller General of the United States shall complete reviews of the selection announced in July of 2023.
SEC. 2890. Plan for Use of Excess Construction Materials on Southwest Border.
Plan.— Not later than 75 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan to use, transfer, or donate to States on the southern border of the United States all covered materials, with prioritization given to the refurbishment and or maintenance of ports of entry along the southwest border and construction projects aimed at stopping illicit human and vehicle traffic along the border of the United States with Mexico.
Elements.— The plan required by subsection (a) shall include the following:
A detailed proposal for the disposition of such covered materials, including a timeline for disposition and the authorities under which such disposition shall occur.
An assessment of the condition of such materials being stored, including (if applicable) a description of materials that have depreciated in value, become damaged, or been lost.
Requirements of Requesting States.— Any State requesting the covered materials made available under this section must certify, in writing, that the materials it accepts will be exclusively used for the refurbishment or maintenance of ports of entry along the southwest border or construction projects aimed at stopping illicit human and vehicle traffic along the border of the United States with Mexico.
Execution of Plan.— Not later than 100 days after the date of submission of the plan required by subsection (a), the Secretary of Defense shall commence execution of such plan until the date on which the Department of Defense is no longer incurring any costs to maintain, store, or protect the covered materials.
Report.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the following:
A detailed description of the decision process of the Secretary to forgo the excess property disposal process of the Department of Defense and instead pay to store the covered materials.
A list of entities the Department is paying for use of their privately owned land to store the covered materials, with appropriate action taken to protect personally identifiable information, such as by making the list of entities available in an annex that is labeled as controlled unclassified information.
An explanation of the process through which the Department contracted with private landowners to store the covered materials, including whether there was a competitive contracting process and whether the landowners have instituted an inventory review system.
A description of any investigations by the Inspector General of the Department that have been opened related to storing the covered materials.
Definitions.— In this section, the term “covered material” means all remaining construction materials currently possessed by the United States Government that were purchased under section 2808 and 284 of title 10, United States Code, from fiscal years 2017 through 2021, including bollards and Nucor tubular square structural tubes.