H. R. 6395—927 
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606 and available for the National Guard 
and Reserve as specified in the funding table in section 4601, 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the Air National Guard 
installations or locations inside the United States, and in the 
amounts, set forth in the following table: 
Air National Guard 
State 
Installation or Location 
Amount 
Alabama ...........
Montgomery Regional Airport .........................
$23,600,000 
Guam ................
Joint Region Marianas .....................................
$20,000,000 
Maryland ..........
Joint Base Andrews ..........................................
$9,400,000 
North Dakota ...
Hector International Airport ...........................
$17,500,000 
Texas ................
Joint Base San Antonio ....................................
$10,800,000 
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 installation inside 
the United States, and in the amount, set forth in the following 
table: 
Air Force Reserve 
State 
Installation 
Amount 
Texas ................
Joint Reserve Base Fort Worth .......................
$39,200,000 
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 
AND RESERVE. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2020, 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. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
2020 PROJECT IN ALABAMA. 
In the case of the authorization contained in the table in 
section 2601 of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92; 133 Stat. 1875) for Anniston Army 
Depot, Alabama, for construction of an Enlisted Transient Barracks 
as specified in the funding table in section 4601 of such Act (133 
Stat. 2096), the Secretary of the Army may construct a training 
barracks at Fort McClellan, Alabama.
H. R. 6395—928 
TITLE XXVII—BASE REALIGNMENT AND 
CLOSURE ACTIVITIES 
Sec. 2701. Authorization of appropriations for base realignment and closure activi-
ties funded through Department of Defense Base Closure Account. 
Sec. 2702. Prohibition on conducting additional base realignment and closure 
(BRAC) round. 
Sec. 2703. Plan to finish remediation activities conducted by the Secretary of the 
Army in Umatilla, Oregon. 
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGN-
MENT 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, 2020, for base realignment and clo-
sure activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) and funded through the Department 
of Defense Base Closure Account established by section 2906 of 
such Act (as amended by section 2711 of the Military Construction 
Authorization Act for Fiscal Year 2013 (division B of Public Law 
112–239; 126 Stat. 2140)), as specified in the funding table in 
section 4601. 
SEC. 
2702. 
PROHIBITION 
ON 
CONDUCTING 
ADDITIONAL 
BASE 
REALIGNMENT AND CLOSURE (BRAC) ROUND. 
Nothing in this Act shall be construed to authorize an additional 
Base Realignment and Closure (BRAC) round. 
SEC. 2703. PLAN TO FINISH REMEDIATION ACTIVITIES CONDUCTED 
BY THE SECRETARY OF THE ARMY IN UMATILLA, OREGON. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of the Army shall submit to Congress a 
plan to finish remediation activities conducted by the Secretary 
in Umatilla, Oregon, by not later than three years after such 
date of enactment. 
TITLE XXVIII—MILITARY 
CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program Changes 
Sec. 2801. Modification and clarification of construction authority in the event of a 
declaration of war or national emergency. 
Sec. 2802. Extension of sunset for annual locality adjustment of dollar thresholds 
applicable to unspecified minor military construction authorities. 
Sec. 2803. Modification of reporting requirements regarding certain military con-
struction projects and military family housing projects, contracts, and 
agreements. 
Sec. 2804. Consideration of energy security and energy resilience in life-cycle cost 
for military construction. 
Sec. 2805. Congressional project authorization required for military construction 
projects for energy resilience, energy security, and energy conservation. 
Sec. 2806. One-year extension of temporary, limited authority to use operation and 
maintenance funds for construction projects in certain areas outside the 
United States. 
Sec. 2807. Responsibility of Navy for military construction requirements for certain 
Fleet Readiness Centers.
H. R. 6395—929 
Subtitle B—Military Family Housing Reforms 
Sec. 2811. Modifications and technical corrections related to military housing pri-
vatization reform. 
Sec. 2812. Repeal of authority to lease substandard family housing units to mem-
bers of the uniformed services. 
Sec. 2813. Expenditure priorities in using Department of Defense Family Housing 
Improvement Fund. 
Sec. 2814. Availability of information regarding assessment of performance metrics 
for contracts for provision or management of privatized military hous-
ing. 
Sec. 2815. Requirement that Secretary of Defense implement recommendations re-
lating to military family housing contained in report by Inspector Gen-
eral of Department of Defense. 
Sec. 2816. Promulgation of guidance to facilitate return of military families dis-
placed from privatized military housing. 
Sec. 2817. Promulgation of guidance on relocation of residents of military housing 
impacted by presence of mold. 
Sec. 2818. Expansion of uniform code of basic standards for privatized military 
housing and hazard and habitability inspection and assessment require-
ments to Government-owned and Government-controlled military family 
housing. 
Subtitle C—Real Property and Facilities Administration 
Sec. 2821. Acceptance of property by military service academies, professional mili-
tary education schools, and military museums subject to naming-rights 
condition. 
Sec. 2822. Codification of reporting requirements regarding United States overseas 
military enduring locations and contingency locations. 
Sec. 2823. Promotion of energy resilience and energy security in privatized utility 
systems. 
Sec. 2824. Vesting exercise of discretion with Secretaries of the military depart-
ments regarding entering into longer-term contracts for utility services. 
Sec. 2825. Use of on-site energy production to promote military installation energy 
resilience and energy security. 
Sec. 2826. Improved electrical metering of Department of Defense infrastructure 
supporting critical missions. 
Sec. 2827. Improving water management and security on military installations. 
Sec. 2828. Prohibition relating to closure or return to host nation of existing mili-
tary installations, infrastructure, or real property in Europe. 
Subtitle D—Land Conveyances 
Sec. 2831. Land conveyance, Camp Navajo, Arizona. 
Sec. 2832. Modification of land exchange involving Naval Industrial Reserve Ord-
nance Plant, Sunnyvale, California. 
Sec. 2833. Land conveyance, Sharpe Army Depot, Lathrop, California. 
Sec. 2834. Land exchange, San Bernardino County, California. 
Sec. 2835. Land conveyance, Over-the-Horizon Backscatter Radar System receiving 
station, Modoc County, California. 
Sec. 2836. Transfer of administrative jurisdiction, Naval Support Activity Panama 
City, Florida, parcel. 
Sec. 2837. Lease extension, Bryan Multi-Sports Complex, Wayne County, North 
Carolina. 
Sec. 2838. Land conveyances, Milan Army Ammunition Plant, Tennessee. 
Subtitle E—Military Land Withdrawals 
Sec. 2841. Renewal of land withdrawal and reservation to benefit Naval Air Facil-
ity, El Centro, California. 
Sec. 2842. Renewal of Fallon Range Training Complex land withdrawal and res-
ervation. 
Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal and res-
ervation. 
Sec. 2844. Establishment of interagency committees on joint use of certain land 
withdrawn from appropriation under public land laws. 
Subtitle F—Asia-Pacific and Indo-Pacific Issues 
Sec. 2851. Change to biennial reporting requirement for Interagency Coordination 
Group of Inspectors General for Guam Realignment. 
Sec. 2852. Additional exception to restriction on development of public infrastruc-
ture in connection with realignment of Marine Corps forces in Asia-Pa-
cific region.
H. R. 6395—930 
Sec. 2853. Development of master plan for infrastructure to support rotational 
Armed Forces in Australia. 
Sec. 2854. Bulk fuel management in United States Indo-Pacific Command Area of 
Responsibility. 
Subtitle G—Authorized Pilot Programs 
Sec. 2861. Pilot program to authorize use of cost savings realized from intergovern-
mental services agreements for installation-support services. 
Sec. 2862. Department of Defense pilot program to evaluate expansion of land ex-
change authority. 
Sec. 2863. Pilot program to support combatant command military construction pri-
orities. 
Sec. 2864. Pilot program to test use of emergency diesel generators in a microgrid 
configuration at certain military installations. 
Sec. 2865. Pilot program to authorize additional military construction projects for 
child development centers at military installations. 
Sec. 2866. Department of the Army pilot program for development and use of on-
line real estate inventory tool. 
Subtitle H—Miscellaneous Studies and Reports 
Sec. 2871. Reports regarding decision-making process used to locate or relocate 
major headquarters and certain military units and weapon systems. 
Sec. 2872. Report on effect of noise restrictions on military installations and oper-
ations and development and implementation of noise mitigation meas-
ures. 
Sec. 2873. Study and report regarding continued need for protected aircraft shel-
ters in Europe and status of United States air base resiliency in Europe. 
Subtitle I—Other Matters 
Sec. 2881. Military construction infrastructure and weapon system synchronization 
for Ground Based Strategic Deterrent. 
Sec. 2882. Defense Community Infrastructure Program. 
Sec. 2883. Consideration of certain military family readiness issues in making bas-
ing decisions associated with certain military units and major head-
quarters. 
Sec. 2884. Department of Defense policy for regulation in military communities of 
dangerous dogs kept as pets. 
Subtitle A—Military Construction Program 
Changes 
SEC. 2801. MODIFICATION AND CLARIFICATION OF CONSTRUCTION 
AUTHORITY IN THE EVENT OF A DECLARATION OF WAR 
OR NATIONAL EMERGENCY. 
(a) LIMITATION ON AMOUNT OF FUNDS AVAILABLE FOR NATIONAL 
EMERGENCY.—Section 2808 of title 10, United States Code, is 
amended— 
(1) by redesignating subsections (b) and (c) as subsections 
(e) and (f), respectively; and 
(2) by inserting after subsection (a) the following new sub-
section: 
‘‘(c) LIMITATION
ON
AMOUNT
OF
FUNDS
AVAILABLE
FOR 
NATIONAL EMERGENCY.—(1) Except as provided in paragraph (2), 
in the event of a declaration by the President of a national emer-
gency in which the construction authority described in subsection 
(a) is used, the total cost of all military construction projects under-
taken using that authority during the national emergency may 
not exceed $500,000,000. 
‘‘(2) In the event of a national emergency declaration in which 
the construction authority described in subsection (a) will be used 
only within the United States, the total cost of all military construc-
tion projects undertaken using that authority during the national 
emergency may not exceed $100,000,000.’’.
H. R. 6395—931 
(b) ADDITIONAL CONDITIONS ON SOURCE OF FUNDS.—Section 
2808(a) of title 10, United States Code, is amended by striking 
the second sentence and inserting the following new subsection: 
‘‘(b) CONDITIONS ON SOURCES OF FUNDS.—A military construc-
tion project to be undertaken using the construction authority 
described in subsection (a) may be undertaken only within the 
total amount of funds that have been appropriated for military 
construction, excluding funds appropriated for family housing, 
that— 
‘‘(1) remain unobligated as of the date on which the first 
contract would be entered into in support of the national emer-
gency declaration described in subsection (a); and 
‘‘(2) are available because the military construction project 
for which the funds were appropriated— 
‘‘(A) has been canceled; or 
‘‘(B) has reduced costs as a result of project modifica-
tions or other cost savings.’’. 
(c) WAIVER OF OTHER PROVISIONS OF LAW.—Section 2808 of 
title 10, United States Code, is amended by inserting after sub-
section (c), as added by subsection (a), the following new subsection: 
‘‘(d) WAIVER
OF OTHER PROVISIONS
OF LAW
IN EVENT
OF 
NATIONAL EMERGENCY.—In the event of a declaration by the Presi-
dent of a national emergency in which the construction authority 
described in subsection (a) is used, the authority provided by such 
subsection to waive or disregard another provision of law that 
would otherwise apply to a military construction project authorized 
by this section may be used only if— 
‘‘(1) such other provision of law does not provide a means 
by which compliance with the requirements of the law may 
be waived, modified, or expedited; and 
‘‘(2) the Secretary of Defense determines that the nature 
of the national emergency necessitates the noncompliance with 
the requirements of the law.’’. 
(d) ADDITIONAL NOTIFICATION REQUIREMENTS.—Subsection (e) 
of section 2808 of title 10, United States Code, as redesignated 
by subsection (a)(1), is amended— 
(1) by striking ‘‘of the decision’’ and all that follows through 
the end of the subsection and inserting the following: ‘‘of the 
following: 
‘‘(A) The reasons for the decision to use the construction 
authority described in subsection (a), including, in the event 
of a declaration by the President of a national emergency, 
the reasons why use of the armed forces is required in response 
to the declared national emergency. 
‘‘(B) The construction projects to be undertaken using the 
construction authority described in subsection (a), including, 
in the event of a declaration by the President of a national 
emergency, an explanation of how each construction project 
directly supports the immediate security, logistical, or short- 
term housing and ancillary supporting facility needs of the 
members of the armed forces used in the national emergency. 
‘‘(C) The estimated cost of the construction projects to be 
undertaken using the construction authority described in sub-
section (a), including the cost of any real estate action per-
taining to the construction projects, and certification of compli-
ance with the funding conditions imposed by subsections (b) 
and (c).
H. R. 6395—932 
‘‘(D) Any determination made pursuant to subsection (d)(2) 
to waive or disregard another provision of law to undertake 
any construction project using the construction authority 
described in subsection (a). 
‘‘(E) The military construction projects, including any 
ancillary supporting facility projects, whose cancellation, modi-
fication, or other cost savings result in funds being available 
to undertake construction projects using the construction 
authority described in subsection (a) and the possible impact 
of the cancellation or modification of such military construction 
projects on military readiness and the quality of life of members 
of the armed forces and their dependents.’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) In the event of a declaration by the President of a national 
emergency in which the construction authority described in sub-
section (a) is used, a construction project to be undertaken using 
such construction authority may be carried out only after the end 
of the five-day period beginning on the date the notification required 
by paragraph (1) is received by the congressional defense commit-
tees.’’. 
(e) CLERICAL AMENDMENTS.—Section 2808 of title 10, United 
States Code, is further amended— 
(1) in subsection (a), by inserting ‘‘CONSTRUCTION AUTHOR-
IZED.—’’ after ‘‘(a)’’; 
(2) in subsection (e), as redesignated by subsection (a)(1), 
by inserting ‘‘NOTIFICATION REQUIREMENT.—(1)’’ after ‘‘(e)’’; and 
(3) in subsection (f), as redesignated by subsection (a)(1), 
by inserting ‘‘TERMINATION OF AUTHORITY.—’’ after ‘‘(f)’’. 
(f) EXCEPTION
FOR
PANDEMIC
MITIGATION
AND
RESPONSE 
PROJECTS.—Subsections (b), (c), (d) of section 2808 of title 10, United 
States Code, as added by this section, shall not apply to a military 
construction project commenced under the authority of subsection 
(a) of such section 2808 during the emergency period described 
in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b– 
5(g)(1)(B)) if the Secretary of Defense determines that the military 
construction project will directly support pandemic mitigation and 
response efforts of health care providers or support members of 
the Armed Forces directly participating in such pandemic mitigation 
and response efforts. Subsection (e) of section 2808 of title 10, 
United States Code, as redesignated by subsection (a)(1) and 
amended by subsection (d) of this section, shall still apply to any 
such military construction project. 
SEC. 2802. EXTENSION OF SUNSET FOR ANNUAL LOCALITY ADJUST-
MENT OF DOLLAR THRESHOLDS APPLICABLE TO UNSPEC-
IFIED MINOR MILITARY CONSTRUCTION AUTHORITIES. 
Section 2805(f)(3) of title 10, United States Code, is amended 
by striking ‘‘2022’’ and inserting ‘‘2027’’. 
SEC. 
2803. 
MODIFICATION 
OF 
REPORTING 
REQUIREMENTS 
REGARDING 
CERTAIN 
MILITARY 
CONSTRUCTION 
PROJECTS AND MILITARY FAMILY HOUSING PROJECTS, 
CONTRACTS, AND AGREEMENTS. 
(a) COST-INCREASE REPORTS; ELIMINATION OF SUBMISSION TO 
COMPTROLLER GENERAL.—Section 2853(f) of title 10, United States 
Code, is amended— 
(1) in paragraphs (1) and (3), by striking ‘‘and the Comp-
troller General of the United States’’; and
H. R. 6395—933 
(2) by striking paragraph (6). 
(b) SYNCHRONIZATION OF NOTIFICATION REQUIREMENTS.—Sec-
tion 2853(c)(1) of title 10, United States Code, is amended by 
inserting after ‘‘cost increase’’ in the matter preceding subparagraph 
(A) the following: ‘‘(subject to subsection (f))’’. 
(c) DELEGATION
AND
SCOPE
OF
HOUSING
PRIVATIZATION 
REPORTING REQUIREMENT.—Section 2884(a) of title 10, United 
States Code, is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding the subparagraphs, by 
striking ‘‘The Secretary of Defense’’ and inserting ‘‘The 
Secretary concerned’’; and 
(B) in subparagraph (A)— 
(i) by inserting ‘‘or agreement’’ after ‘‘each con-
tract’’; and 
(ii) by striking ‘‘that the Secretary proposes to 
solicit’’; 
(2) in paragraph (2)— 
(A) in the matter preceding the subparagraphs, by 
striking ‘‘For each proposed contract, conveyance, or lease 
described in paragraph (1), the report required by such 
paragraph’’ and inserting ‘‘A report required by paragraph 
(1)’’; and 
(B) by inserting ‘‘agreement,’’ after ‘‘contract,’’ each 
place it appears; and 
(3) in paragraph (3), by inserting ‘‘or agreement’’ after 
‘‘contract’’ each place it appears. 
SEC. 2804. CONSIDERATION OF ENERGY SECURITY AND ENERGY RESIL-
IENCE IN LIFE-CYCLE COST FOR MILITARY CONSTRUC-
TION. 
(a) IN GENERAL.—Chapter 169 of title 10, United States Code, 
is amended by inserting after section 2815 the following new section: 
‘‘§ 2816. Consideration of energy security and energy resil-
ience in life-cycle cost for military construction 
‘‘(a) IN GENERAL.—(1) The Secretary concerned, when evalu-
ating the life-cycle designed cost of a covered military construction 
project, shall include as a facility requirement the long-term consid-
eration of energy security and energy resilience that would ensure 
that the resulting facility is capable of continuing to perform its 
missions, during the life of the facility, in the event of a natural 
or human-caused disaster, an attack, or any other unplanned event 
that would otherwise interfere with the ability of the facility to 
perform its missions. 
‘‘(2) A facility requirement under paragraph (1) shall not be 
weighed, for cost purposes, against other facility requirements in 
determining the design of the facility. 
‘‘(b) INCLUSION IN THE BUILDING LIFE-CYCLE COST PROGRAM.— 
The Secretary shall include the requirements of subsection (a) in 
applying the latest version of the building life-cycle cost program, 
as developed by the National Institute of Standards and Technology, 
to consider on-site distributed energy assets in a building design 
for a covered military construction project. 
‘‘(c) COVERED MILITARY CONSTRUCTION PROJECT DEFINED.— 
(1) In this section, the term ‘covered military construction project’ 
means a military construction project for a facility that is used
H. R. 6395—934 
to perform critical functions during a natural or human-caused 
disaster, an attack, or any other unplanned event. 
‘‘(2) For purposes of paragraph (1), the term ‘facility’ includes 
at a minimum any of the following: 
‘‘(A) Operations centers. 
‘‘(B) Nuclear command and control facilities. 
‘‘(C) Integrated strategic and tactical warning and attack 
assessment facilities. 
‘‘(D) Continuity of government facilities. 
‘‘(E) Missile defense facilities. 
‘‘(F) Air defense facilities. 
‘‘(G) Hospitals. 
‘‘(H) Armories and readiness centers of the National Guard. 
‘‘(I) Communications facilities. 
‘‘(J) Satellite and missile launch and control facilities.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter I of chapter 169 of title 10, United States 
Code, is amended by inserting after the item relating to section 
2815 the following new item: 
‘‘2816. Consideration of energy security and energy resilience in life-cycle cost for 
military construction.’’. 
SEC. 2805. CONGRESSIONAL PROJECT AUTHORIZATION REQUIRED 
FOR MILITARY CONSTRUCTION PROJECTS FOR ENERGY 
RESILIENCE, ENERGY SECURITY, AND ENERGY CON-
SERVATION. 
(a) REPLACEMENT OF NOTICE AND WAIT AUTHORITY.—Section 
2914 of title 10, United States Code, is amended to read as follows: 
‘‘§ 2914. Military construction projects for energy resilience, 
energy security, and energy conservation 
‘‘(a) PROJECT AUTHORIZATION REQUIRED.—The Secretary of 
Defense may carry out such military construction projects for energy 
resilience, energy security, and energy conservation as are author-
ized by law, using funds appropriated or otherwise made available 
for that purpose. 
‘‘(b) SUBMISSION OF PROJECT PROPOSALS.—(1) As part of the 
Department of Defense Form 1391 submitted to the appropriate 
committees of Congress for a military construction project covered 
by subsection (a), the Secretary of Defense shall include the fol-
lowing information: 
‘‘(A) The project title. 
‘‘(B) The location of the project. 
‘‘(C) A brief description of the scope of work. 
‘‘(D) The original project cost estimate and the current 
working cost estimate, if different. 
‘‘(E) Such other information as the Secretary considers 
appropriate. 
‘‘(2) In the case of a military construction project for energy 
conservation, the Secretary also shall include the following informa-
tion: 
‘‘(A) The original expected savings-to-investment ratio and 
simple payback estimates and measurement and verification 
cost estimate. 
‘‘(B) The most current expected savings-to-investment ratio 
and 
simple 
payback 
estimates 
and 
measurement 
and 
verification plan and costs.
H. R. 6395—935 
‘‘(C) A brief description of the measurement and verification 
plan and planned funding source. 
‘‘(3) In the case of a military construction project for energy 
resilience or energy security, the Secretary also shall include the 
rationale for how the project would enhance mission assurance, 
support 
mission 
critical 
functions, 
and 
address 
known 
vulnerabilities. 
‘‘(c) APPLICATION TO MILITARY CONSTRUCTION PROJECTS.—This 
section shall apply to military construction projects covered by 
subsection (a) for which a Department of Defense Form 1391 is 
submitted to the appropriate committees of Congress in connection 
with the budget of the Department of Defense for fiscal year 2023 
and thereafter.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter I of chapter 173 of title 10, United States 
Code, is amended by striking the item relating to section 2914 
and inserting the following new item: 
‘‘2914. Military construction projects for energy resilience, energy security, and en-
ergy conservation.’’. 
SEC. 
2806. 
ONE-YEAR 
EXTENSION 
OF 
TEMPORARY, 
LIMITED 
AUTHORITY TO USE OPERATION AND MAINTENANCE 
FUNDS FOR CONSTRUCTION PROJECTS IN CERTAIN 
AREAS OUTSIDE THE UNITED STATES. 
(a) EXTENSION OF AUTHORITY.—Subsection (h) of section 2808 
of the Military Construction Authorization Act for Fiscal Year 2004 
(division B of Public Law 108–136; 117 Stat. 1723), as most recently 
amended by section 2807(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2019 (division B of Public Law 115–232; 
132 Stat. 2264), is further amended— 
(1) in paragraph (1), by striking ‘‘December 31, 2020’’ and 
inserting ‘‘December 31, 2021’’; and 
(2) paragraph (2), by striking ‘‘fiscal year 2021’’ and 
inserting ‘‘fiscal year 2022’’. 
(b) CONTINUATION
OF LIMITATION
ON USE
OF AUTHORITY.— 
Subsection (c) of section 2808 of the Military Construction 
Authorization Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1723), as most recently amended by section 
2807(b) of the Military Construction Authorization Act for Fiscal 
Year 2019 (division B of Public Law 115–232; 132 Stat. 2264), 
is further amended— 
(1) by striking ‘‘either’’ and inserting ‘‘each’’; and 
(2) by inserting after the first paragraph (2) the following 
new subparagraph: 
‘‘(C) The period beginning October 1, 2020, and ending 
on the earlier of December 31, 2021, or the date of the enact-
ment of an Act authorizing funds for military activities of 
the Department of Defense for fiscal year 2022.’’. 
(c) TECHNICAL CORRECTIONS.—Subsection (c) of section 2808 
of the Military Construction Authorization Act for Fiscal Year 2004 
(division B of Public Law 108–136; 117 Stat. 1723), as most recently 
amended by section 2807(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2019 (division B of Public Law 115–232; 
132 Stat. 2264) and subsection (b) of this section, is further 
amended— 
(1) by redesignating the second paragraph (1) as subpara-
graph (A); and
H. R. 6395—936 
(2) by redesignating the first paragraph (2) as subpara-
graph (B). 
SEC. 2807. RESPONSIBILITY OF NAVY FOR MILITARY CONSTRUCTION 
REQUIREMENTS FOR CERTAIN FLEET READINESS CEN-
TERS. 
The Navy shall be responsible for programming, requesting, 
and executing any military construction requirements related to 
any Fleet Readiness Center that is a tenant command at a Marine 
Corps installation. 
Subtitle B—Military Family Housing 
Reforms 
SEC. 2811. MODIFICATIONS AND TECHNICAL CORRECTIONS RELATED 
TO MILITARY HOUSING PRIVATIZATION REFORM. 
(a) CHIEF HOUSING OFFICER OVERSIGHT RESPONSIBILITIES.— 
(1) OVERSIGHT OF ALL MILITARY HOUSING.—Section 2890a 
of title 10, United States Code, is amended— 
(A) in subsection (a)(1), by striking ‘‘housing units’’ 
and inserting ‘‘family housing and military unaccompanied 
housing under the jurisdiction of the Department of 
Defense or acquired or constructed under subchapter IV 
of this chapter (in this section referred to as ‘covered 
housing units’)’’; and 
(B) in subsection (b)(1)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘housing under subchapter IV and this sub-
chapter’’ and inserting ‘‘covered housing units’’; and 
(ii) in subparagraphs (A) and (B), by inserting 
‘‘covered’’ before ‘‘housing units’’ both places it appears. 
(2) SECTION HEADING.—The heading of section 2890a of 
title 10, United States Code, is amended by inserting before 
‘‘Chief Housing Officer’’ the following ‘‘Supervision of mili-
tary housing by’’. 
(3) TRANSFER
AND
REDESIGNATION
OF
SECTION.—Section 
2890a of title 10, United States Code, as amended by para-
graphs (1) and (2)— 
(A) is transferred to appear after section 2851 of such 
title; and 
(B) is redesignated as section 2851a. 
(b) RIGHTS
AND RESPONSIBILITIES
OF TENANTS
OF HOUSING 
UNITS.—Section 2890 of title 10, United States Code, is amended— 
(1) in subsection (b)(15), by striking ‘‘and held in escrow’’; 
(2) in subsection (e)(2), in the matter preceding subpara-
graph (A), by inserting ‘‘a’’ before ‘‘landlord’’; and 
(3) in subsection (f), by striking paragraph (2) and inserting 
the following new subsection: 
‘‘(2) Paragraph (1) shall not apply to a nondisclosure agreement 
executed— 
‘‘(A) as part of the settlement of litigation; or 
‘‘(B) to avoid litigation if the tenant has retained legal 
counsel or has sought military legal assistance under section 
1044 of this title.’’. 
(c) CONTRACTS
FOR PROVISION
OF HOUSING UNITS.—Section 
2891(e) of title 10, United States Code, is amended—
H. R. 6395—937 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph (A), by 
inserting ‘‘unit’’ after ‘‘different housing’’; and 
(B) in subparagraph (B), by inserting ‘‘the’’ before ‘‘ten-
ant’’; and 
(2) in paragraph (2)(B), by inserting ‘‘the’’ before ‘‘tenant’’; 
(d) MANAGEMENT OF HOUSING UNITS.—Section 2891a of title 
10, United States Code, is amended— 
(1) by adding a period at the end of subsection (b)(2); 
(2) in subsection (d), by striking paragraph (11) and 
inserting the following new paragraph: 
‘‘(11) Upon request by a prospective tenant, a landlord providing 
a housing unit shall ensure that the needs of enrollees in the 
Exceptional Family Member Program, or any successor program, 
are considered in assigning the prospective tenant to a housing 
unit provided by the landlord.’’; and 
(3) in subsection (e)(2)(B) by striking ‘‘the any’’ and 
inserting ‘‘any’’. 
(e) TENANT ACCESS TO MAINTENANCE INFORMATION.—Section 
2892a of title 10, United States Code, is amended by striking 
the text of such section and inserting the following: 
‘‘(a) MAINTENANCE INFORMATION FOR PROSPECTIVE TENANTS.— 
The Secretary concerned shall require each eligible entity or subse-
quent landlord that offers for lease a housing unit to provide to 
a prospective tenant of the housing unit— 
‘‘(1) not later than five business days before the prospective 
tenant is asked to sign the lease, a summary of maintenance 
conducted with respect to that housing unit for the previous 
seven years; and 
‘‘(2) not later than two business days after the prospective 
tenant requests additional information regarding maintenance 
conducted with respect to that housing unit during such period, 
all information possessed by the eligible entity or subsequent 
landlord regarding such maintenance conducted during such 
period. 
‘‘(b) MAINTENANCE INFORMATION FOR EXISTING TENANTS.—A 
tenant of a housing unit who did not receive maintenance informa-
tion described in subsection (a) regarding that housing unit while 
a prospective tenant may request such maintenance information 
and shall receive such maintenance information not later than 
five business days after the making the request. 
‘‘(c) MAINTENANCE DEFINED.—In the section, the term ‘mainte-
nance’ includes any renovations of the housing unit during the 
period specified in subsection (a)(1).’’. 
(f) TREATMENT OF CERTAIN INCENTIVE FEES.—Section 2893 of 
title 10, United States Code, is amended by striking ‘‘propensity 
for’’ and inserting ‘‘pattern of’’. 
(g) LANDLORD-TENANT DISPUTE RESOLUTION PROCESS.—Section 
2894 of title 10, United States Code, is amended— 
(1) in subsection (b), by adding at the end the following 
new paragraph: 
‘‘(6) The dispute resolution process shall require the installation 
or regional commander (as the case may be) to record each dispute 
in the complaint database established under section 2894a of this 
title.’’; 
(2) in subsection (c)—
H. R. 6395—938 
(A) in paragraph (1), in the matter preceding subpara-
graph (A), by striking ‘‘24 hours’’ and inserting ‘‘two busi-
ness days’’; 
(B) in paragraph (3)— 
(i) by inserting ‘‘business’’ before ‘‘days’’; and 
(ii) by inserting ‘‘, such office’’ before ‘‘shall com-
plete’’; 
(C) in paragraph (4), in the matter preceding subpara-
graph (A), by inserting ‘‘, at a minimum,’’ before ‘‘the fol-
lowing persons’’; 
(D) in paragraph (5), by inserting ‘‘calendar’’ before 
‘‘days’’ both places it appears; and 
(E) by striking paragraph (6) and inserting the fol-
lowing new paragraph: 
‘‘(6) Except as provided in paragraph (5)(B), a final decision 
shall be transmitted to the tenant, landlord, and the installation 
or regional commander (as the case may be) not later than 30 
calendar days after the request was submitted.’’; and 
(3) by striking subsections (d) and (e) and inserting the 
following new subsections: 
‘‘(d) EFFECT OF FAILURE TO COMPLY WITH DECISION.—(1) If 
the final decision rendered under subsection (c) for resolution of 
a landlord-tenant dispute includes instructions for the landlord 
responsible for the housing unit to further remediate the housing 
unit, the decision shall specify a reasonable period of time, but 
not less than 10 business days, for the landlord to complete the 
remediation. 
‘‘(2) If the landlord does not remediate the issues before the 
end of the time period specified in the final decision in a manner 
consistent with the instructions contained in the decision, any 
amounts payable to the landlord for the housing unit shall be 
reduced by 10 percent for each period of five calendar days during 
which the issues remain unremediated. 
‘‘(e) REQUEST TO WITHHOLD PAYMENTS DURING RESOLUTION 
PROCESS.—(1) As part of the submission of a request for resolution 
of a landlord-tenant dispute through the dispute resolution process 
regarding maintenance guidelines or procedures or habitability, 
the tenant may request that all or part of the payments described 
in paragraph (3) for lease of the housing unit be segregated and 
not used by the property owner, property manager, or landlord 
pending completion of the dispute resolution process. 
‘‘(2) The amount allowed to be withheld under paragraph (1) 
shall be limited to amounts associated with the period during 
which— 
‘‘(A) the landlord has not met maintenance guidelines and 
procedures established by the Department of Defense, either 
through contract or otherwise; or 
‘‘(B) the housing unit is uninhabitable according to State 
and local law for the jurisdiction in which the housing unit 
is located. 
‘‘(3) This subsection applies to the following: 
‘‘(A) Any basic allowance for housing payable to the tenant 
(including for any dependents of the tenant in the tenant’s 
household) under section 403 of title 37. 
‘‘(B) All or part of any pay of a tenant subject to allotment 
as described in section 2882(c) of this title.’’.
H. R. 6395—939 
(h) ANNUAL
ASSESSMENT
OF
THE
DISPUTE
RESOLUTION 
PROCESS.—Paragraph (10) of section 2884(c) of title 10, United 
States Code, is amended to read as follows: 
‘‘(10) An assessment of the dispute resolution process under 
section 2894(c) of this title, which shall include a list of dispute 
resolution cases by installation and the final outcome of each 
case.’’. 
(i) PAYMENT AUTHORITY.—Section 606(a) of the John S. McCain 
National Defense Authorization Act for Fiscal Year 2019 (Public 
Law 115–232; 10 U.S.C. 2871 note), as amended by section 3036 
of the Military Construction Authorization Act for Fiscal Year 2020 
(division B of Public Law 116–92; 133 Stat. 1938), is further 
amended— 
(1) in paragraph (1)(A), by inserting ‘‘monthly’’ before ‘‘pay-
ments’’; 
(2) in paragraph (2)(A), by striking ‘‘payments to’’ and 
all that follows through ‘‘subparagraph (C)’’ and inserting 
‘‘monthly payments, under such terms and in such amounts 
as determined by the Secretary, to one of more lessors respon-
sible for underfunded MHPI housing projects identified pursu-
ant to subparagraph (C) under the jurisdiction of the Secretary’’; 
and 
(3) in paragraph (3)(B), by inserting ‘‘that’’ before ‘‘require’’. 
(j) SUSPENSION
OF RESIDENT ENERGY CONSERVATION PRO-
GRAM.—Section 3063(b) of the Military Construction Authorization 
Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 
Stat. 1947; 10 U.S.C. 2867 note) is amended— 
(1) by inserting ‘‘covered by a program suspended under 
subsection (a)’’ after ‘‘privatized military housing’’ the first place 
it appears; and 
(2) by striking ‘‘on the installation military housing unit’’. 
(k) CLERICAL AMENDMENTS.— 
(1) CHIEF HOUSING OFFICER.— 
(A) ADDITION.—The table of sections at the beginning 
of subchapter III of chapter 169 of title 10, United States 
Code, is amended by inserting after the item relating to 
section 2851 the following new item: 
‘‘2851a. Supervision of military housing by Chief Housing Officer.’’. 
(B) REPEAL.—The table of sections at the beginning 
of subchapter V of chapter 169 of title 10, United States 
Code, is amended by striking the item relating to section 
2890a. 
(2) DISCLOSURE
OF
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—The table of sections at the beginning of subchapter 
V of chapter 169 of title 10, United States Code, is amended 
by striking the item relating to section 2892b and inserting 
the following new item: 
‘‘2892b. Prohibition on requirement to disclose personally identifiable information in 
requests for certain maintenance.’’. 
SEC. 2812. REPEAL OF AUTHORITY TO LEASE SUBSTANDARD FAMILY 
HOUSING UNITS TO MEMBERS OF THE UNIFORMED SERV-
ICES. 
(a) REPEAL.—Section 2830 of title 10, United States Code, is 
repealed.
H. R. 6395—940 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter II of chapter 169 of title 10, United States 
Code, is amended by striking the item relating to section 2830. 
SEC. 2813. EXPENDITURE PRIORITIES IN USING DEPARTMENT OF 
DEFENSE FAMILY HOUSING IMPROVEMENT FUND. 
(a) IN GENERAL.—Section 2883(d)(1) of title 10, United States 
Code, is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(B) The Secretary of Defense shall require that eligible entities 
receiving amounts from the Department of Defense Family Housing 
Improvement Fund prioritize the use of such amounts for expendi-
tures related to asset recapitalization, operating expenses, and debt 
payments before other program management-incentive fee expendi-
tures. In the case of asset recapitalization, the primary purpose 
of the expenditures must be to sustain existing housing units owned 
or managed by the eligible entity or for which the eligible entity 
is otherwise responsible.’’. 
(b) EFFECTIVE DATE.—The requirements set forth in subpara-
graph (B) of section 2883(d)(1) of title 10, United States Code, 
as added by subsection (a), shall apply to appropriate legal docu-
ments entered into or renewed on or after the date of the enactment 
of this Act between the Secretary of a military department and 
a landlord regarding privatized military housing. In this subsection, 
the terms ‘‘landlord’’ and ‘‘privatized military housing’’ have the 
meanings given those terms in section 3001(a) of the Military 
Construction Authorization Act for Fiscal Year 2020 (division B 
of Public Law 116–92; 133 Stat. 1916; 10 U.S.C. 2821 note). 
SEC. 2814. AVAILABILITY OF INFORMATION REGARDING ASSESSMENT 
OF 
PERFORMANCE 
METRICS 
FOR 
CONTRACTS 
FOR 
PROVISION OR MANAGEMENT OF PRIVATIZED MILITARY 
HOUSING. 
(a) AVAILABILITY
OF PERFORMANCE METRICS ASSESSMENTS; 
METHOD OF PROVIDING.—Section 2891c(b) of title 10, United States 
Code, is amended— 
(1) in the subsection heading, by inserting ‘‘PERFORMANCE 
METRICS AND’’ before ‘‘USE OF INCENTIVE FEES’’; and 
(2) in paragraph (1), by striking ‘‘shall publish, on a publicly 
accessible website, information’’ and inserting the following: 
‘‘shall make available, upon request of a tenant, at the 
applicable installation housing office the following: 
‘‘(A) An assessment of the indicators underlying the 
performance metrics for each contract for the provision or 
management of housing units to ensure such indicators ade-
quately measure the condition and quality of each housing 
unit covered by the contract. 
‘‘(B) Information’’. 
(b) DESCRIPTION
OF INDICATORS UNDERLYING PERFORMANCE 
METRICS.—Section 2891c(b) of title 10, United States Code, is fur-
ther amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2)(A) For purposes of paragraph (1)(A), the indicators under-
lying the performance metrics for a contract for the provision or
H. R. 6395—941 
management of housing units shall measure at a minimum the 
following: 
‘‘(i) Tenant satisfaction. 
‘‘(ii) Maintenance management. 
‘‘(iii) Safety. 
‘‘(iv) Financial management. 
‘‘(B) An assessment required to be made available under para-
graph (1)(A) shall include a detailed description of each indicator 
underlying the performance metrics, including the following 
information: 
‘‘(i) The limitations of available survey data. 
‘‘(ii) How tenant satisfaction and maintenance management 
is calculated. 
‘‘(iii) Whether any relevant data is missing.’’. 
(c) CONFORMING
AMENDMENTS.—Paragraph (3) of section 
2891c(b) of title 10, United States Code, as redesignated by sub-
section (b)(1), is amended— 
(1) by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph 
(1)(B)’’; and 
(2) by striking ‘‘each contract’’ and inserting ‘‘each contract 
for the provision or management of housing units’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 2891c of 
title 10, United States Code, is amended to read as follows: 
‘‘§ 2891c. Transparency regarding finances and performance 
metrics’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of subchapter V of chapter 169 of title 10, United States 
Code, is amended by striking the item relating to section 2891c 
and inserting the following new item: 
‘‘2891c. Transparency regarding finances and performance metrics.’’. 
SEC. 2815. REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT 
RECOMMENDATIONS RELATING TO MILITARY FAMILY 
HOUSING CONTAINED IN REPORT BY INSPECTOR GEN-
ERAL OF DEPARTMENT OF DEFENSE. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall implement the recommenda-
tions of the Inspector General of the Department of Defense con-
tained in the report of the Inspector General dated April 30, 2020, 
and entitled ‘‘Evaluation of the DoD’s Management of Health and 
Safety Hazards in Government-Owned and Government-Controlled 
Military Family Housing’’. 
SEC. 2816. PROMULGATION OF GUIDANCE TO FACILITATE RETURN 
OF MILITARY FAMILIES DISPLACED FROM PRIVATIZED 
MILITARY HOUSING. 
(a) GUIDANCE
REQUIRED.—The Secretary of Defense shall 
promulgate guidance for commanders of military installations and 
installation housing management offices to assist such commanders 
and offices in facilitating and managing the relocation and return 
of tenants of privatized military housing when tenants are displaced 
from such housing— 
(1) as a result of an environmental hazard or other damage 
adversely affecting the habitability of the privatized military 
housing; or
H. R. 6395—942 
(2) during remediation or repair activities in response to 
the hazard or damages. 
(b) FINANCIAL IMPACT
OF DISPLACEMENT.—As part of the 
promulgation of the guidance, the Secretary of Defense shall con-
sider— 
(1) the extent to which displaced tenants of privatized 
military housing under the circumstances described in sub-
section (a) incur relocation, per diem, or similar expenses as 
a direct result of such displacement that are not covered by 
a landlord, insurance, or claims process; and 
(2) the feasibility of providing reimbursement for uncovered 
expenses. 
(c) CONSULTATION.—The Secretary of Defense shall promulgate 
the guidance in consultation with the Secretaries of the military 
departments, the Chief Housing Officer, landlords, and other 
interested persons. 
(d) IMPLEMENTATION.—The Secretaries of the military depart-
ments shall be responsible for implementation of the guidance at 
military installations under the jurisdiction of the Secretary con-
cerned, while recognizing that the guidance cannot anticipate every 
situation in which tenants of privatized military housing must 
be displaced from such housing under the circumstances described 
in subsection (a). 
(e) DEFINITIONS.—In this section, the terms ‘‘landlord’’, 
‘‘privatized military housing’’, and ‘‘tenant’’ have the meanings given 
those terms in section 3001(a) of the Military Construction 
Authorization Act for Fiscal Year 2020 (division B of Public Law 
116–92; 133 Stat. 1916; 10 U.S.C. 2821 note). 
SEC. 2817. PROMULGATION OF GUIDANCE ON RELOCATION OF RESI-
DENTS OF MILITARY HOUSING IMPACTED BY PRESENCE 
OF MOLD. 
As part of the process developed by the Secretary of Defense 
pursuant to section 3053 of the Military Construction Authorization 
Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 
Stat. 1943; 10 U.S.C. 2821 note) to identify, record, and resolve 
environmental health hazards in military housing, the Secretary 
shall promulgate guidance regarding situations in which the pres-
ence of mold in a unit of housing under the jurisdiction of the 
Department of Defense (including privatized military housing) is 
an emergency situation requiring the relocation of the residents 
of the unit. 
SEC. 2818. EXPANSION OF UNIFORM CODE OF BASIC STANDARDS FOR 
PRIVATIZED MILITARY HOUSING AND HAZARD AND 
HABITABILITY INSPECTION AND ASSESSMENT REQUIRE-
MENTS TO GOVERNMENT-OWNED AND GOVERNMENT- 
CONTROLLED MILITARY FAMILY HOUSING. 
(a) UNIFORM
CODE
OF
BASIC
STANDARDS
FOR
MILITARY 
HOUSING.—The Secretary of Defense shall expand the uniform code 
of basic housing standards for safety, comfort, and habitability 
for privatized military housing established pursuant to section 
3051(a) of the Military Construction Authorization Act for Fiscal 
Year 2020 (division B of Public Law 116–92; 133 Stat. 1941; 10 
U.S.C. 2871 note) to include Government-owned and Government- 
controlled military family housing located inside or outside the 
United States and occupied by members of the Armed Forces.
H. R. 6395—943 
(b) INSPECTION
AND ASSESSMENT PLAN.—The Secretary of 
Defense shall expand the Department of Defense housing inspection 
and assessment plan prepared pursuant to section 3051(b) of the 
Military Construction Authorization Act for Fiscal Year 2020 (divi-
sion B of Public Law 116–92; 133 Stat. 1941; 10 U.S.C. 2871 
note) to include Government-owned and Government-controlled 
military family housing located inside or outside the United States 
and occupied by members of the Armed Forces and commence 
inspections and assessments of such military family housing pursu-
ant to the plan. 
Subtitle C—Real Property and Facilities 
Administration 
SEC. 2821. ACCEPTANCE OF PROPERTY BY MILITARY SERVICE ACAD-
EMIES, PROFESSIONAL MILITARY EDUCATION SCHOOLS, 
AND MILITARY MUSEUMS SUBJECT TO NAMING-RIGHTS 
CONDITION. 
(a) AUTHORITY TO ACCEPT PERSONAL PROPERTY SUBJECT TO 
CONDITION.—Section 2601(e) of title 10, United States Code, is 
amended— 
(1) in the subsection heading, by striking ‘‘REAL’’; 
(2) in paragraph (1), by inserting ‘‘or personal’’ after ‘‘real’’ 
both places it appears; and 
(3) in paragraph (3)(B), by inserting ‘‘or personal’’ after 
‘‘real’’. 
(b) ELIGIBLE RECIPIENTS.—Section 2601(e) of title 10, United 
States Code, is further amended— 
(1) in paragraph (1), by striking ‘‘the United States Military 
Academy, the Naval Academy, the Air Force Academy, or the 
Coast Guard Academy’’ and inserting ‘‘an eligible entity’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(5) In this subsection, the term ‘eligible entity’ means each 
of the following: 
‘‘(A) The United States Military Academy, the Naval 
Academy, the Air Force Academy, and the Coast Guard 
Academy. 
‘‘(B) The professional military education schools listed in 
section 2162(d) of this title and the Defense Acquisition Univer-
sity. 
‘‘(C) A military museum.’’. 
SEC. 2822. CODIFICATION OF REPORTING REQUIREMENTS REGARDING 
UNITED STATES OVERSEAS MILITARY ENDURING LOCA-
TIONS AND CONTINGENCY LOCATIONS. 
(a) INCLUSION OF INFORMATION IN EXISTING ANNUAL REPORT.— 
Section 2687a(a) of title 10, United States Code, is amended— 
(1) in the subsection heading, by striking ‘‘MASTER PLANS’’ 
and inserting ‘‘OVERSEAS MILITARY LOCATIONS’’; 
(2) in paragraph (1), by striking subparagraph (B) and 
inserting the following new subparagraph: 
‘‘(B) the status of overseas military locations, whether such 
a location is designated as an enduring location or contingency 
location.’’; and 
(3) by striking paragraph (2) and inserting the following 
new paragraphs:
H. R. 6395—944 
‘‘(2) To satisfy the reporting requirement specified in paragraph 
(1)(B), a report under paragraph (1) shall contain the following: 
‘‘(A) A list of overseas military locations. For any overseas 
military location established during the previous fiscal year, 
the reasons for the establishment of the overseas military loca-
tion. 
‘‘(B) A description of the strategic goal and operational 
requirements supported by each overseas military location. 
‘‘(C) A list of each construction or facility improvement 
project carried out by the Department of Defense regardless 
of the funding source, and each construction or facility improve-
ment project accepted as a payment-in-kind, at overseas mili-
tary locations during the previous fiscal year if the construction 
or facility improvement project was not specifically authorized 
in a Military Construction Authorization Act or congressional 
notice of the construction or facility improvement project was 
not provided by another means. Each construction or facility 
improvement project on the list shall be delineated by project 
location, project title or description, project cost, including costs 
covered by the host country, and authority used to undertake 
the project. 
‘‘(D) For each overseas military location first designated 
as an enduring location in one of the previous two required 
reports, a list of required construction and facility improvement 
projects anticipated to be carried out by the Department of 
Defense directly or through the acceptance of payments-in- 
kind during the fiscal year in which the report is submitted 
and the next four fiscal years. Each construction or facility 
improvement project on the list shall be delineated by project 
location, project title or description, estimated project cost, 
including costs anticipated to be covered by the host country, 
and authority to be used to undertake the project. 
‘‘(E) An overview of any annual lease or access costs to 
the United States for each overseas military location designated 
as an enduring location. 
‘‘(F) A description of any plans to transition an existing 
contingency overseas military location to an enduring overseas 
military location, or to upgrade or downgrade the designation 
of an existing enduring or contingency overseas military loca-
tion, during the fiscal year in which the report is submitted. 
‘‘(G) A list of any overseas military locations that, during 
the previous fiscal year, were transferred to the control of 
security forces of the host country or another military force, 
closed, or for any other reason no longer used by the armed 
forces, including a summary of any costs associated with the 
transfer or closure of the overseas military location. 
‘‘(H) A summary of any force protection risks identified 
for cooperative security locations and contingency locations, 
the actions proposed to mitigate such risks, and the resourcing 
and implementation plan to implement the mitigation actions. 
‘‘(I) Such other such matters related to overseas military 
locations as the Secretary of Defense considers appropriate. 
‘‘(3) In this subsection: 
‘‘(A)(i) The term ‘overseas military location’ covers both 
enduring locations and contingency locations established out-
side the United States.
H. R. 6395—945 
‘‘(ii) An enduring location is primarily characterized either 
by the presence of permanently assigned United States forces 
with robust infrastructure and quality of life amenities to sup-
port that presence, by the sustained presence of allocated 
United States forces with infrastructure and quality of life 
amenities consistent with that presence, or by the periodic 
presence of allocated United States forces with little or no 
permanent United States military presence or controlled infra-
structure. Enduring locations include main operating bases, 
forward operating sites, and cooperative security locations. 
‘‘(iii) A contingency location refers to a location outside 
of the United States that is not covered by subparagraph (B), 
but that is used by United States forces to support and sustain 
operations during named and unnamed contingency operations 
or other operations as directed by appropriate authority and 
is categorized by mission life-cycle requirements as initial, tem-
porary, or semi-permanent. 
‘‘(B)(i) The term ‘construction or facility improvement 
project’ includes any construction, development, conversion, or 
extension of a building, structure, or other improvement to 
real property carried out at an overseas military location, 
whether to satisfy temporary or permanent requirements, and 
any acquisition of land for an overseas military location. 
‘‘(ii) The term does not include repairs to a building, struc-
ture, or other improvement to real property, unless the building, 
structure, or other improvement cannot effectively be used for 
its designated functional purpose in the absence of the repairs. 
‘‘(4) The Secretary of Defense shall prepare the report under 
paragraph (1) in coordination with the Under Secretary of Defense 
for Policy and the Under Secretary of Defense for Acquisition and 
Sustainment. 
‘‘(5) A report under paragraph (1) shall be submitted in unclassi-
fied form, but may contain a classified annex as necessary.’’. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CONFORMING AMENDMENTS.—Section 2687a(e)(2) of title 
10, United States Code, is amended by striking ‘‘host nation’’ 
both places it appears and inserting ‘‘host country’’. 
(2) SECTION HEADING.—The heading of section 2687a of 
title 10, United States Code, is amended to read as follows: 
‘‘§ 2687a. Overseas base closures and realignments and status 
of United States overseas military locations’’. 
(3) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 159 of title 10, United States Code, is amended 
by striking the item relating to section 2687a and inserting 
the following new item: 
‘‘2687a. Overseas base closures and realignments and status of United States over-
seas military locations.’’. 
(c) TEMPORARY
CONTINUATION
OF
SUPERCEDED
REPORTING 
REQUIREMENT.—Until the Secretary of Defense submits the first 
report required by section 2687a(a) of title 10, United States Code, 
that includes the information required by paragraph (2) of such 
section, as added by subsection (a), the Secretary of Defense shall 
continue to prepare and submit the report required by section 
2816 of the Military Construction Authorization Act for Fiscal Year 
2016 (division B of Public Law 114–92; 129 Stat. 1176), notwith-
standing the expiration of such reporting requirement.
H. R. 6395—946 
SEC. 2823. PROMOTION OF ENERGY RESILIENCE AND ENERGY SECU-
RITY IN PRIVATIZED UTILITY SYSTEMS. 
(a) UTILITY
PRIVATIZATION
CONTRACT
RENEWALS.—Section 
2688(d)(2) of title 10, United States Code, is amended— 
(1) in the first sentence, by inserting ‘‘or the renewal of 
such a contract’’ after ‘‘paragraph (1)’’; 
(2) in the second sentence, by striking ‘‘the contract.’’ and 
inserting ‘‘the contract or contract renewal.’’; and 
(3) by adding at the end the following new sentence: ‘‘A 
renewal of a contract pursuant to this paragraph may be 
entered into only within the last five years of the existing 
contract term.’’. 
(b) AVAILABILITY OF ERCIP FUNDS FOR PRIVATIZED UTILITY 
SYSTEM ACTIVITIES.—Section 2914 of title 10, United States Code, 
as amended by section 2805, is further amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) RELATION
TO CERTAIN OTHER AUTHORITIES.—A project 
under this section may include— 
‘‘(1) activities related to a utility system authorized under 
subsections (h), (j), and (k) of section 2688 or section 2913 
of this title, notwithstanding that the United States does not 
own the utility system covered by the project; and 
‘‘(2) energy-related activities included as a separate require-
ment in an energy savings performance contract (as defined 
in section 804(3) of the National Energy Conservation Policy 
Act (42 U.S.C. 8287c(3))).’’. 
SEC. 2824. VESTING EXERCISE OF DISCRETION WITH SECRETARIES 
OF THE MILITARY DEPARTMENTS REGARDING ENTERING 
INTO LONGER-TERM CONTRACTS FOR UTILITY SERVICES. 
Section 2688(d)(2) of title 10, United States Code, as amended 
by section 2823, is further amended in the first sentence— 
(1) by striking ‘‘The Secretary of Defense, or the designee 
of the Secretary,’’ and inserting ‘‘The Secretary concerned’’; 
and 
(2) by striking ‘‘if the Secretary’’ and inserting ‘‘if the 
Secretary concerned’’. 
SEC. 2825. USE OF ON-SITE ENERGY PRODUCTION TO PROMOTE MILI-
TARY INSTALLATION ENERGY RESILIENCE AND ENERGY 
SECURITY. 
(a) PROMOTION
OF ON-SITE ENERGY SECURITY
AND ENERGY 
RESILIENCE.—Section 2911 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(h) PROMOTION OF ON-SITE ENERGY SECURITY AND ENERGY 
RESILIENCE.—(1) Consistent with the energy security and resilience 
goals of the Department of Defense and the energy performance 
master plan referred to in this section, the Secretary concerned 
shall consider, when feasible, projects for the production of installa-
tion energy that benefits military readiness and promotes installa-
tion energy security and energy resilience in the following manner: 
‘‘(A) Location of the energy-production infrastructure on 
the military installation that will consume the energy. 
‘‘(B) Incorporation of energy resilience features, such as 
microgrids, to ensure that energy remains available to the
H. R. 6395—947 
installation even when the installation is not connected to 
energy sources located off the installation. 
‘‘(C) Reduction in periodic refueling needs from sources 
off the installation to not more than once every two years. 
‘‘(3) In this subsection, the term ‘microgrid’ means an integrated 
energy system consisting of interconnected loads and energy 
resources that, if necessary, can be removed from the local utility 
grid and function as an integrated, stand-alone system.’’. 
(b) EVALUATION OF FEASIBILITY OF EXPANDING USE OF ON- 
SITE ENERGY PRODUCTION.— 
(1) PROJECTS AUTHORIZED.—Subsection (h) of section 2911 
of title 10, United States Code, as added by subsection (a), 
is amended by inserting after paragraph (1) the following new 
paragraph: 
‘‘(2)(A) Using amounts made available for military construction 
projects under section 2914 of this title, the Secretary of Defense 
shall carry out at least four projects to promote installation energy 
security and energy resilience in the manner described in paragraph 
(1). 
‘‘(B) At least one project shall be designed to develop technology 
that demonstrates the ability to connect an existing on-site energy 
generation facility that uses solar power with one or more installa-
tion facilities performing critical missions in a manner that allows 
the generation facility to continue to provide electrical power to 
these facilities even if the installation is disconnected from the 
commercial power supply. 
‘‘(C) At least one project shall be designed to develop technology 
that demonstrates that one or more installation facilities performing 
critical missions can be isolated, for purposes of electrical power 
supply, from the remainder of the installation and from the commer-
cial power supply in a manner that allows an on-site energy genera-
tion facility that uses a renewable energy source, other than solar 
energy, to provide the necessary power exclusively to these facilities. 
‘‘(D) At least two projects shall be designed to develop tech-
nology that demonstrates the ability to store sufficient electrical 
energy from an on-site energy generation facility that uses a renew-
able energy source to provide the electrical energy required to 
continue operation of installation facilities performing critical mis-
sions during nighttime operations. 
‘‘(E) The authority of the Secretary of Defense to commence 
a project under this paragraph expires on September 30, 2025.’’. 
(2) BRIEFING.—Not later than March 1, 2021, the Secretary 
of Defense shall brief the congressional defense committees 
regarding the plan to carry out the on-site energy production 
projects authorized by paragraph (2) of section 2911(h) of title 
10, United States Code, as added by paragraph (1). 
SEC. 2826. IMPROVED ELECTRICAL METERING OF DEPARTMENT OF 
DEFENSE INFRASTRUCTURE SUPPORTING CRITICAL MIS-
SIONS. 
(a) OPTIONS TO IMPROVE ELECTRICAL METERING.—The Sec-
retary of Defense and the Secretaries of the military departments 
shall improve the metering of electrical energy usage of covered 
defense structures to accurately determine energy consumption by 
such a structure to increase energy efficiency and improve energy
H. R. 6395—948 
resilience, using any combination of the options specified in sub-
section (b) or such other methods as the Secretary concerned con-
siders practicable. 
(b) METERING OPTIONS.—Electrical energy usage options to be 
considered for a covered defense structure include the following: 
(1) Installation of a smart meter at the electric power 
supply cable entry point of the covered defense structure, with 
remote data storage and retrieval capability using cellular 
communication, to provide historical energy usage data on an 
hourly basis to accurately determine the optimum cost effective 
energy efficiency and energy resilience measures for the covered 
defense structure. 
(2) Use of an energy usage audit firm to individually meter 
the covered defense structure using clamp-on meters and data 
storage to provide year–long electric energy load profile data, 
particularly in the case of a covered defense structure located 
in climates with highly variable use based on weather or 
temperature changes, to accurately identify electric energy 
usage demand for both peak and off peak periods for a covered 
defense structure. 
(3) Manual collection and calculation of the connected load 
via nameplate data survey of all the connected electrical devices 
for the covered defense structure and comparison of such data 
to the designed maximum rating of the incoming electric supply 
to determine the maximum electrical load for the covered 
defense structure. 
(c) CYBERSECURITY.—The Secretary of Defense and the Secre-
taries of the military departments shall consult with the Chief 
Information Officer of the Department of Defense to ensure that 
the electrical energy metering options considered under subsection 
(b) do not compromise the cybersecurity of Department of Defense 
networks. 
(d) CONSIDERATION
OF
PARTNERSHIPS.—The Secretary of 
Defense and the Secretaries of the military departments shall con-
sider the use of arrangements (known as public-private partner-
ships) with appropriate entities outside the Government to reduce 
the cost of carrying out this section. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered defense structure’’ means any infra-
structure under the jurisdiction of the Department of Defense 
inside the United States that the Secretary of Defense or the 
Secretary of the military department concerned determines— 
(A) is used to support a critical mission of the Depart-
ment; and 
(B) is located at a military installation with base- 
wide resilient power. 
(2) The term ‘‘energy resilience’’ has the meaning given 
that term in section 101(e)(6) of title 10, United States Code. 
(f) IMPLEMENTATION REPORT.—As part of the Department of 
Defense energy management report to be submitted under section 
2925 of title 10, United States Code, during fiscal year 2022, the 
Secretary of Defense shall include information on the progress 
being made to comply with the requirements of this section.
H. R. 6395—949 
SEC. 2827. IMPROVING WATER MANAGEMENT AND SECURITY ON MILI-
TARY INSTALLATIONS. 
(a) RISK-BASED APPROACH TO INSTALLATION WATER MANAGE-
MENT AND SECURITY.— 
(1) GENERAL REQUIREMENT.—The Secretary concerned shall 
adopt a risk-based approach to water management and security 
for each military installation under the jurisdiction of the Sec-
retary. 
(2) IMPLEMENTATION PRIORITIES.—The Secretary concerned 
shall begin implementation of paragraph (1) by prioritizing 
those military installations under the jurisdiction of the Sec-
retary that the Secretary determines— 
(A) are experiencing the greatest risks to sustainable 
water management and security; and 
(B) face the most severe existing or potential adverse 
impacts to mission assurance as a result of such risks. 
(3) DETERMINATION METHOD.—Determinations under para-
graph (2) shall be made on the basis of the water management 
and security assessments made by the Secretary concerned 
under subsection (b). 
(b) WATER MANAGEMENT AND SECURITY ASSESSMENTS.— 
(1) ASSESSMENT
METHODOLOGY.—The Secretaries con-
cerned, acting jointly, shall develop a methodology to assess 
risks to sustainable water management and security and mis-
sion assurance. 
(2) ELEMENTS.—Required elements of the assessment meth-
odology shall include the following: 
(A) An evaluation of the water sources and supply 
connections for a military installation, including water flow 
rate and extent of competition for the water sources. 
(B) An evaluation of the age, condition, and jurisdic-
tional control of water infrastructure serving the military 
installation. 
(C) An evaluation of the military installation’s water- 
security risks related to drought-prone climates, impacts 
of defense water usage on regional water demands, water 
quality, and legal issues, such as water rights disputes. 
(D) An evaluation of the resiliency of the military 
installation’s water supply and the overall health of the 
aquifer basin of which the water supply is a part, including 
the robustness of the resource, redundancy, and ability 
to recover from disruption. 
(E) An evaluation of existing water metering and 
consumption at the military installation, considered at a 
minimum— 
(i) by type of installation activity, such as training, 
maintenance, medical, housing, and grounds mainte-
nance and landscaping; and 
(ii) by fluctuations in consumption, including peak 
consumption by quarter. 
(c) EVALUATION OF INSTALLATIONS FOR POTENTIAL NET ZERO 
WATER USAGE.— 
(1) EVALUATION REQUIRED.—The Secretary concerned shall 
conduct an evaluation of each military installation under the 
jurisdiction of the Secretary to determine the potential for 
the military installation, or at a minimum certain installation 
activities, to achieve net zero water usage.
H. R. 6395—950 
(2) ELEMENTS.—Required elements of each evaluation shall 
include the following: 
(A) An evaluation of alternative water sources to offset 
use of freshwater, including water recycling and harvested 
rainwater for use as non-potable water. 
(B) An evaluation of the feasibility of implementing 
Department of Energy guidelines for net zero water usage, 
when practicable, to minimize water consumption and 
wastewater discharge in buildings scheduled for renovation. 
(C) An evaluation of the practicality of implementing 
net zero water usage technology into new construction in 
water-constrained areas, as determined by water manage-
ment and security assessments conducted under subsection 
(b). 
(d) IMPROVED LANDSCAPING MANAGEMENT PRACTICES.— 
(1) LANDSCAPING MANAGEMENT.—The Secretary concerned 
shall implement, to the maximum extent practicable, at each 
military installation under the jurisdiction of the Secretary 
landscaping management practices to increase water resilience 
and ensure greater quantities of water availability for oper-
ational, training, and maintenance requirements. 
(2) ARID OR SEMI-ARID CLIMATES.—For military installations 
located in arid or semi-arid climates, landscaping management 
practices shall include the use of xeriscaping. 
(3) NON-ARID CLIMATES.—For military installations located 
in non-arid climates, landscaping management practices shall 
include the use of plants common to the region in which the 
installation is located and native grasses and plants. 
(4) POLLINATOR
CONSERVATION
REFERENCE
GUIDE.—The 
Secretary concerned shall follow the recommendations of the 
Department of Defense Pollinator Conservation Reference 
Guide (September 2018) to the maximum extent practicable 
in order to reduce operation and maintenance costs related 
to landscaping management, while improving area manage-
ment. Consistent with such guide, in the preparation of a 
military installation landscaping plan, the Secretary concerned 
should consider the following: 
(A) Adding native flowering plants to sunny open areas 
and removing overhanging tree limbs above open patches 
within forested areas or dense shrub. 
(B) Removing or controlling invasive plants to improve 
pollinator habitat. 
(C) Preserving known and potential pollinator nesting 
and overwintering sites. 
(D) Eliminating or minimizing pesticide use in polli-
nator habitat areas. 
(E) Mowing in late fall or winter after plants have 
bloomed and set seed, adjusting timing to avoid vulnerable 
life stages of special status pollinators. 
(F) Mowing mid-day when adult pollinators can avoid 
mowing equipment. 
(e) IMPLEMENTATION REPORT.— 
(1) REPORT REQUIRED.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense, 
in coordination with the other Secretaries concerned, shall 
submit to the Committees on Armed Services of the Senate
H. R. 6395—951 
and the House of Representatives a report on the progress 
made in implementing this section. 
(2) REPORT ELEMENTS.—The report shall include the fol-
lowing: 
(A) The methodology developed under subsection (b) 
to conduct water management and security assessments. 
(B) A list of the military installations that have been 
assessed using such methodology and a description of the 
findings. 
(C) A list of planned assessments for the one-year 
period beginning on the date of the submission of the 
report. 
(D) An evaluation of the progress made on implementa-
tion of xeriscaping and other regionally appropriate land-
scaping practices at military installations. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘net zero water usage’’, with respect to a 
military installation or installation activity, means a situation 
in which the combination of limitations on the consumption 
of water resources and the return of water to an original 
water source by the installation or activity is sufficient to 
prevent any reduction in the water resources of the area in 
both quantity and quality over a reasonable period of time. 
(2) The terms ‘‘Secretary concerned’’ and ‘‘Secretary’’ mean 
the Secretary of a military department and the Secretary of 
Defense with respect to the Pentagon Reservation. 
(3) The term ‘‘xeriscaping’’ means landscape design that 
emphasizes low water use and drought-tolerant plants that 
require little or no supplemental irrigation. 
SEC. 2828. PROHIBITION RELATING TO CLOSURE OR RETURN TO HOST 
NATION OF EXISTING MILITARY INSTALLATIONS, INFRA-
STRUCTURE, OR REAL PROPERTY IN EUROPE. 
(a) PROHIBITION ON CLOSURE OR RETURN.—Except as provided 
by subsection (b), the Secretary of Defense shall not implement 
any activity that closes or returns to the host nation any military 
installation, infrastructure, or real property in Europe that, as 
of the date of enactment of this Act, is under the operational 
control of the Department of Defense or a military department 
and is utilized by the United States Armed Forces. 
(b) WAIVER AND EXCEPTION.—The Secretary of Defense may 
waive the prohibition under subsection (a) if the Secretary certifies 
to the congressional defense committees that there is no longer 
a foreseeable need for the military installation, infrastructure, or 
real property, or a portion of the military installation in the case 
of a partial closure and return of a military installation, to support 
a permanent or rotational United States military presence in the 
European theater. 
Subtitle D—Land Conveyances 
SEC. 2831. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the State of Arizona Department 
of Emergency and Military Affairs (in this section referred to as 
the ‘‘State’’) all right, title, and interest of the United States in
H. R. 6395—952 
and to a parcel of real property, including any improvements 
thereon, consisting of not more than 3,000 acres at Camp Navajo, 
Arizona, for the purpose of permitting the State to use the prop-
erty— 
(1) for training the Arizona Army National Guard and 
Air National Guard; and 
(2) for defense industrial base economic development pur-
poses that are compatible with the environmental security and 
primary National Guard training purpose of Camp Navajo. 
(b) CONDITION OF CONVEYANCE.— 
(1) USE OF REVENUES.—The authority of the Secretary of 
the Army to make the conveyance described in subsection (a) 
is subject to the condition that the State agree that all revenues 
generated from the use of the property conveyed under such 
subsection will be used to support the training requirements 
of the Arizona Army National Guard and Air National Guard, 
including necessary infrastructure maintenance and capital 
improvements. 
(2) AUDIT.—The United States Property and Fiscal Office 
for Arizona shall— 
(A) conduct periodic audits of all revenues generated 
by uses of the conveyed property and the use of such 
revenues; and 
(B) provide the audit results to the Chief of the 
National Guard Bureau. 
(c) REVERSIONARY INTEREST.— 
(1) INTEREST
RETAINED.—If the Secretary of the Army 
determines at any time that the property conveyed under sub-
section (a) is not being used in accordance with the purposes 
of the conveyance specified in such subsection, or that the 
State has not complied with the condition imposed by subsection 
(b), all right, title, and interest in and to the conveyed property, 
including any improvements thereon, shall, at the option of 
the Secretary, revert to and become the property of the United 
States, and the United States shall have the right of immediate 
entry onto the property. 
(2) DETERMINATION.—A determination by the Secretary 
under this subsection shall be made on the record after an 
opportunity for a hearing. 
(d) ALTERNATIVE CONSIDERATION OPTION.— 
(1) CONSIDERATION OPTION.—In lieu of exercising the rever-
sionary interest retained under subsection (c), the Secretary 
of the Army may accept an offer by the State to pay to the 
United States an amount equal to the fair market value of 
the property conveyed under subsection (a), excluding the value 
of any improvements on the conveyed property constructed 
without Federal funds after the date of the conveyance is com-
pleted, as determined by the Secretary. 
(2) TREATMENT
OF
CONSIDERATION
RECEIVED.—Consider-
ation received by the Secretary under paragraph (1) shall be 
deposited in the special account in the Treasury established 
for the Secretary under subsection (e) of section 2667 of title 
10, United States Code, and shall be available to the Secretary 
for the same uses and subject to the same limitations as pro-
vided in that section. 
(e) PAYMENT OF COSTS OF CONVEYANCE.—
H. R. 6395—953 
(1) PAYMENT REQUIRED.—The Secretary of the Army shall 
require the State 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 
State 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 State. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursement under paragraph (1) shall be credited to 
the fund or account that was used to cover those costs incurred 
by the Secretary in carrying out the conveyance or, if the 
period of availability for obligations for that appropriation has 
expired, to the fund or account currently available to the Sec-
retary 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 condi-
tions and limitations, as amounts in such fund or account. 
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary of 
the Army. 
(g) SAVINGS PROVISION.—Nothing in this section shall be con-
strued to alleviate, alter, or affect the responsibility of the United 
States for cleanup and remediation of the property to be conveyed 
under subsection (a) in accordance with the Defense Environmental 
Restoration Program under section 2701 of title 10, United States 
Code, and the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Army may require such additional terms and conditions in connec-
tion with the conveyance under subsection (a) as the Secretary 
considers appropriate to protect the interests of the United States. 
These additional terms may include a requirement for the State 
to consult with the Secretary of the Navy regarding use of the 
conveyed property. 
SEC. 2832. MODIFICATION OF LAND EXCHANGE INVOLVING NAVAL 
INDUSTRIAL RESERVE ORDNANCE PLANT, SUNNYVALE, 
CALIFORNIA. 
(a) ELEMENTS OF EXCHANGE.—Section 2841(a) of the Military 
Construction Authorization Act for Fiscal Year 2018 (division B 
of Public Law 115–91; 131 Stat. 1860) is amended by striking 
paragraphs (1) and (2) and inserting the following new paragraphs: 
‘‘(1) real property, including improvements thereon, located 
in Titusville, Florida, that will replace the NIROP and meet 
the readiness requirements of the Department of the Navy, 
as determined by the Secretary; and 
‘‘(2) reimbursement for the costs of relocation of contractor 
and Government personnel and equipment from the NIROP 
to the replacement facilities, to the extent specified in the 
land exchange agreement contemplated in subsection (b).’’. 
(b) ELEMENTS
OF
LAND
EXCHANGE
AGREEMENT.—Section 
2841(b)(1) of the Military Construction Authorization Act for Fiscal
H. R. 6395—954 
Year 2018 (division B of Public Law 115–91; 131 Stat. 1860) is 
amended by inserting after ‘‘identifies’’ the following: ‘‘the costs 
of relocation to be reimbursed by the Exchange Entity,’’. 
(c) VALUATION
OF PROPERTIES
AND COMPENSATION.—Section 
2841 of the Military Construction Authorization Act for Fiscal Year 
2018 (division B of Public Law 115–91; 131 Stat. 1860) is amended— 
(1) by striking subsection (c); 
(2) by redesignating subsections (d) through (i) as sub-
sections (e) through (j), respectively; and 
(3) by inserting after subsection (b) the following new sub-
sections: 
‘‘(c) VALUATION.—The Secretary shall determine the fair market 
value of the properties, including improvements thereon, to be 
exchanged by the Secretary and the Exchange Entity under sub-
section (a). 
‘‘(d) COMPENSATION.— 
‘‘(1) COMPENSATION REQUIRED.—The Exchange Entity shall 
provide compensation under the land exchange agreement 
described in subsection (b) that is equal to or exceeds the 
fair market value of the NIROP, as determined under sub-
section (c). 
‘‘(2) IN-KIND CONSIDERATION.—As part of the compensation 
under the land exchange agreement, the Secretary and the 
Exchange Entity may agree for the Exchange Entity to provide 
the following forms of in-kind consideration at any property 
or facility under the control of the Secretary: 
‘‘(A) Alteration, repair, improvement, or restoration 
(including environmental restoration) of property. 
‘‘(B) Use of facilities by the Secretary. 
‘‘(C) Provision of real property maintenance services. 
‘‘(D) Provision of or payment of utility services. 
‘‘(E) Provision of such other services relating to activi-
ties that will occur on the property as the Secretary con-
siders appropriate. 
‘‘(3) DEPOSIT.—The Secretary shall deposit any cash pay-
ments received under the land exchange agreement, other than 
cash payments accepted under section 2695 of title 10, United 
States Code, in the account in the Treasury established pursu-
ant to section 572(b) of title 40, United States Code. 
‘‘(4) USE OF PROCEEDS.—Proceeds deposited pursuant to 
paragraph (3) in the account referred to in such paragraph 
shall be available to the Secretary in such amounts as provided 
in appropriations Acts for the following activities: 
‘‘(A) Maintenance, protection, alternation, repair, 
improvement, or restoration (including environmental res-
toration) of property or facilities. 
‘‘(B) Payment of utilities services. 
‘‘(C) Real property maintenance services.’’. 
(d) TREATMENT OF CERTAIN AMOUNTS RECEIVED.—Subsection 
(f) of section 2841 of the Military Construction Authorization Act 
for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 
1861), as redesignated by subsection (c)(2) of this section, is 
amended by striking ‘‘(a), (c)(2), and (d)’’ and inserting ‘‘(a) and 
(e)’’. 
(e) SUNSET.—Subsection (j) of section 2841 of the Military 
Construction Authorization Act for Fiscal Year 2018 (division B 
of Public Law 115–91; 131 Stat. 1861), as redesignated by subsection
H. R. 6395—955 
(c)(2) of this section, is amended by striking ‘‘October 1, 2023’’ 
and inserting ‘‘October 1, 2026, if the Secretary and the Exchange 
Entity have not entered into a land exchange agreement described 
in subsection (b) before that date’’. 
SEC. 2833. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALI-
FORNIA. 
(a) CONVEYANCE AUTHORIZED.—If the Secretary of the Army 
determines that no department or agency of the Federal Govern-
ment will accept the transfer of a parcel of real property consisting 
of approximately 525 acres at Sharpe Army Depot in Lathrop, 
California, the Secretary may convey to the Port of Stockton, Cali-
fornia, all right, title, and interest of the United States in and 
to the property, including any improvements thereon, for the pur-
pose of permitting the Port of Stockton to use the property for 
the development or operation of a port facility. 
(b) MODIFICATION OF PARCEL AUTHORIZED FOR CONVEYANCE.— 
If a department or agency of the Federal Government will accept 
the transfer of a portion of the parcel of real property described 
in subsection (a), the Secretary of the Army shall modify the convey-
ance authorized by such subsection to exclude the portion of the 
parcel to be accepted by that department or agency. 
(c) CONVEYANCE ALTERNATIVES.— 
(1) PUBLIC BENEFIT CONVEYANCE.—The Secretary of the 
Army may assign the real property described in subsection 
(a) to the Secretary of Transportation for conveyance under 
such subsection as a public benefit conveyance without mone-
tary consideration to the Federal Government if the Port of 
Stockton satisfies the conveyance requirements specified in sec-
tion 554 of title 40, United States Code. 
(2) FAIR MARKET VALUE CONVEYANCE.— 
(A) AMOUNT
AND
DETERMINATION.—If the Port of 
Stockton fails to qualify for a public benefit conveyance 
under paragraph (1) and still desires to acquire the real 
property described in subsection (a), the Port of Stockton 
shall pay to the United States an amount that is not 
less than the fair market value of the property to be con-
veyed. The Secretary of the Army shall determine the 
fair market value of the property using an independent 
appraisal based on the highest and best use of the property. 
(B) DEPOSIT AND AVAILABILITY.—The Secretary shall 
deposit cash payment received under subparagraph (A) 
in the special account in the Treasury established for that 
Secretary under section 2667(e) of title 10, United States 
Code. The entire amount deposited shall be available for 
use in accordance with paragraph (1)(C) of such section. 
Paragraph (1)(D) of such section shall not apply to the 
entire amount deposited. 
(d) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary of the Army shall 
require the Port of Stockton to pay costs to be incurred by 
the Secretary, or to reimburse the Secretary for such costs 
incurred by the Secretary, to carry out the conveyance author-
ized by subsection (a), including survey costs, appraisal costs, 
costs for environmental documentation related to the convey-
ance, and any other administrative costs related to the convey-
ance.
H. R. 6395—956 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursement under paragraph (1) shall be credited to 
the fund or account that was used to pay the costs incurred 
by the Secretary in carrying out the conveyance under sub-
section (a) or, if the period of availability of obligations for 
that appropriation has expired, to the appropriations of fund 
that is currently available to the Secretary for the same pur-
pose. 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. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary 
of the Army. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Army may require such additional terms and conditions in connec-
tion with the conveyance under subsection (a) as the Secretary 
considers appropriate to protect the interests of the United States. 
(g) SUNSET.—If the real property authorized for conveyance 
by subsection (a) is not conveyed within one year after the date 
of the enactment of this Act, the Secretary of the Army may report 
the property excess for disposal in accordance with applicable law. 
SEC. 2834. LAND EXCHANGE, SAN BERNARDINO COUNTY, CALIFORNIA. 
(a) DEFINITIONS.—In this section: 
(1) COUNTY.—The term ‘‘County’’ means the County of San 
Bernardino, California. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the 
approximately 73 acres of Federal land generally depicted as 
‘‘Federal Land Proposed for Exchange’’ on the map titled ‘‘Big 
Bear Land Exchange’’ and dated September 4, 2020. 
(3) NON-FEDERAL
LAND.—The term ‘‘non-Federal land’’ 
means the approximately 71 acres of land owned by the County 
generally 
depicted 
as 
‘‘Non-Federal 
Land 
Proposed 
for 
Exchange’’ on the map referred to in paragraph (2). 
(b) EXCHANGE AUTHORIZED.—Subject to valid existing rights 
and the terms of this section, no later than one year after the 
date that the portion of the Pacific Crest National Scenic Trail 
is relocated in accordance with subsection (i), if the County offers 
to convey the non-Federal land to the United States, the Secretary 
of Agriculture shall— 
(1) convey to the County all right, title, and interest of 
the United States in and to the Federal land; and 
(2) accept from the County a conveyance of all right, title, 
and interest of the County in and to the non-Federal land. 
(c) EQUAL VALUE AND CASH EQUALIZATION.— 
(1) EQUAL VALUE EXCHANGE.—The land exchange under 
this section shall be for equal value, or the values shall be 
equalized by a cash payment as provided for under this sub-
section or an adjustment in acreage. At the option of the 
County, any excess value of the non-Federal lands may be 
considered a gift to the United States. 
(2) CASH
EQUALIZATION
PAYMENT.—The County may 
equalize the values of the lands to be exchanged under this 
section by cash payment without regard to any statutory limit 
on the amount of such a cash equalization payment.
H. R. 6395—957 
(3) DEPOSIT AND USE OF FUNDS RECEIVED FROM COUNTY.— 
Any cash equalization payment received by the Secretary of 
Agriculture under this subsection shall be deposited in the 
fund established under Public Law 90–171 (16 U.S.C. 484a; 
commonly known as the Sisk Act). The funds so deposited 
shall remain available to the Secretary of Agriculture, until 
expended, for the acquisition of lands, waters, and interests 
in land for the San Bernardino National Forest. 
(d) APPRAISAL.—The Secretary of Agriculture shall complete 
an appraisal of the land to be exchanged under this section in 
accordance with— 
(1) the Uniform Appraisal Standards for Federal Land 
Acquisitions; and 
(2) the Uniform Standards of Professional Appraisal Prac-
tice. 
(e) TITLE APPROVAL.—Title to the land to be exchanged under 
this section shall be in a format acceptable to the Secretary of 
Agriculture and the County. 
(f) SURVEY OF NON-FEDERAL LANDS.—Before completing the 
exchange under this section, the Secretary of Agriculture shall 
inspect the non-Federal lands to ensure that the land meets Federal 
standards, including hazardous materials and land line surveys. 
(g) COSTS OF CONVEYANCE.—As a condition of the conveyance 
of the Federal land under this section, any costs related to the 
exchange under this section shall be paid by the County. 
(h) MANAGEMENT OF ACQUIRED LANDS.—The Secretary of Agri-
culture shall manage the non-Federal land acquired under this 
section in accordance with the Act of March 1, 1911 (16 U.S.C. 
480 et seq.; commonly known as the Weeks Act), and other laws 
and regulations pertaining to National Forest System lands. 
(i) PACIFIC CREST NATIONAL SCENIC TRAIL RELOCATION.—No 
later than three years after the date of the enactment of this 
Act, the Secretary of Agriculture, in accordance with applicable 
laws, shall relocate the portion of the Pacific Crest National Scenic 
Trail located on the Federal land— 
(1) to adjacent National Forest System land; 
(2) to land owned by the County, subject to County 
approval; 
(3) to land within the Federal land, subject to County 
approval; or 
(4) in a manner that combines two or more of the options 
described in paragraphs (1), (2), and (3). 
(j) MAP AND LEGAL DESCRIPTIONS.—As soon as practicable after 
the date of the enactment of this Act, the Secretary of Agriculture 
shall finalize a map and legal descriptions of all land to be conveyed 
under this section. The Secretary may correct any minor errors 
in the map or in the legal descriptions. The map and legal descrip-
tions shall be on file and available for public inspection in appro-
priate offices of the Forest Service. 
SEC. 2835. LAND CONVEYANCE, OVER-THE-HORIZON BACKSCATTER 
RADAR SYSTEM RECEIVING STATION, MODOC COUNTY, 
CALIFORNIA. 
(a) CONVEYANCE REQUIRED.— 
(1) IN GENERAL.—As soon as practicable after receiving 
a request from Modoc County, California (in this section 
referred to as the ‘‘County’’) regarding the conveyance required
H. R. 6395—958 
by this section, but subject to paragraph (2), the Secretary 
of Agriculture shall convey to the County all right, title, and 
interest of the United States in and to a parcel of National 
Forest System land, including improvements thereon, consisting 
of approximately 927 acres in Modoc National Forest in the 
State of California and containing an obsolete Over-the-Horizon 
Backscatter Radar System receiving station established on the 
parcel pursuant to a memorandum of agreement between the 
Department of the Air Force and Forest Service dated May 
18 and 23, 1987. 
(2) APPLICABLE LAW AND NATIONAL SECURITY DETERMINA-
TION.—The Secretary of Agriculture shall carry out the convey-
ance under subsection (a) in accordance with this section and 
all other applicable law, including the condition that the convey-
ance not take place until the Secretary, in consultation with 
the Secretary of the Air Force, determines that the conveyance 
will not harm the national security interests of the United 
States. 
(b) PURPOSE OF CONVEYANCE.—The purpose of the conveyance 
under subsection (a) is to preserve and utilize the improvements 
constructed on the parcel of National Forest System land described 
in such subsection and to permit the County to use the conveyed 
property, including improvements thereon, for the development of 
renewable energy, including solar and biomass cogeneration. 
(c) CONSIDERATION.— 
(1) IN GENERAL.—As consideration for the conveyance under 
subsection (a), the County shall pay to the Secretary of Agri-
culture an amount that is not less than the fair market value 
of the parcel of land to be conveyed, as determined in accord-
ance with the Uniform Appraisal Standards for Federal Land 
Acquisition and the Uniform Standards of Professional 
Appraisal Practice. 
(2) TREATMENT OF CASH CONSIDERATION.—The Secretary 
shall deposit the payment received under paragraph (1) in 
the account in the Treasury established by Public Law 90– 
171 (commonly known as the Sisk Act; 16 U.S.C. 484a). The 
amount deposited shall be available to the Secretary, in such 
amounts as may be provided in advance in appropriation Acts, 
to pay any necessary and incidental costs incurred by the 
Secretary in connection with the improvement, maintenance, 
reconstruction, or construction of a facility or improvement 
for the National Forest System located in the State of Cali-
fornia. 
(d) RESERVATION OF EASEMENT RELATED TO CONTINUED USE 
OF WATER WELLS.—The conveyance required by subsection (a) shall 
be conditioned on the reservation of an easement by the Secretary 
of Agriculture, subject to such terms and conditions as the Secretary 
deems appropriate, necessary to provide access for use authorized 
by the Secretary of the four water wells in existence on the date 
of the enactment of this Act and associated water conveyance infra-
structure on the parcel of National Forest System lands to be 
conveyed. 
(e) WITHDRAWAL.—The National Forest System land described 
in subsection (a) is withdrawn from the operation of the mining 
and mineral leasing laws of the United States. 
(f) PAYMENT OF COSTS OF CONVEYANCE.—
H. R. 6395—959 
(1) PAYMENT REQUIRED.—The Secretary of Agriculture shall 
require the County to cover costs (except costs for environ-
mental remediation of the property) to be incurred by the 
Secretary, or to reimburse the Secretary for such costs incurred 
by the Secretary, to carry out the conveyance under subsection 
(a), including survey costs, costs for environmental documenta-
tion, and any other administrative costs related to the convey-
ance. If amounts are collected from the County 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 County. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursement under paragraph (1) shall be credited to 
the fund or account that was used to cover those costs incurred 
by the Secretary of Agriculture in carrying out the conveyance. 
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. 
(g) ENVIRONMENTAL REMEDIATION.— 
(1) IN GENERAL.—To expedite the conveyance of the parcel 
of National Forest System land described in subsection (a), 
including improvements thereon, environmental remediation of 
the land by the Department of the Air Force shall be limited 
to the removal of the perimeter wooden fence, which was treated 
with an arsenic-based weatherproof coating, and treatment of 
soil affected by leaching of such chemical. 
(2) POTENTIAL
FUTURE
ENVIRONMENTAL
REMEDIATION 
RESPONSIBILITIES.—Notwithstanding the conveyance of the 
parcel of National Forest System land described in subsection 
(a), the Secretary of the Air Force shall be responsible for 
the remediation of any environmental contamination, discov-
ered post-conveyance, that is attributed to Air Force occupancy 
of and operations on the parcel pre-conveyance. 
(h) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary of 
Agriculture. 
SEC. 2836. TRANSFER OF ADMINISTRATIVE JURISDICTION, NAVAL SUP-
PORT ACTIVITY PANAMA CITY, FLORIDA, PARCEL. 
(a) TRANSFER TO THE SECRETARY OF THE NAVY.—Administrative 
jurisdiction over the parcel of Federal land consisting of approxi-
mately 1.23 acres located within Naval Support Activity Panama 
City, Florida, and used by the Department of the Navy pursuant 
to Executive Order No. 10355 of May 26, 1952, and Public Land 
Order Number 952 of April 6, 1954, is transferred from the Sec-
retary of the Interior to the Secretary of the Navy. 
(b) LAND SURVEY.—The exact acreage and legal description 
of the Federal land transferred by subsection (a) shall be determined 
by a survey satisfactory to the Secretary of the Navy and the 
Secretary of the Interior. 
(c) CONSIDERATION AND REIMBURSEMENT.— 
(1) NO CONSIDERATION.—The transfer made by subsection 
(a) shall be without consideration.
H. R. 6395—960 
(2) REIMBURSEMENT.—The Secretary of the Navy shall 
reimburse the Secretary of the Interior for any costs incurred 
by the Secretary of the Interior under subsection (b) in con-
ducting the survey and preparing the legal description of the 
Federal land transferred by subsection (a). 
(d) STATUS OF LAND AFTER TRANSFER.—Upon transfer of the 
Federal land by subsection (a), the land shall cease to be public 
land and shall be treated as property (as defined in section 102(9) 
of title 40, United States Code) under the administrative jurisdiction 
of the Secretary of the Navy. 
SEC. 2837. LEASE EXTENSION, BRYAN MULTI-SPORTS COMPLEX, 
WAYNE COUNTY, NORTH CAROLINA. 
(a) AUTHORITY.—In the case of the existing lease with the 
City of Goldsboro, North Carolina, regarding the approximately 
62-acre Bryan Multi-Sports Complex located in Wayne County, 
North Carolina, the Secretary of the Air Force may enter into 
an agreement with the City of Goldsboro to extend the term of 
the lease for the purpose of permitting the City to continue to 
operate a sports and recreation facility for the benefit of both 
the Air Force and the community. 
(b) DURATION.—The duration of the lease extension provided 
by the Secretary of the Air Force under subsection (a) may not 
exceed 30 years, providing a total lease period not to exceed 50 
years for the lease described in such subsection. 
(c) PAYMENTS UNDER THE LEASE.—The Secretary of the Air 
Force may waive the requirement under section 2667(b)(4) of title 
10, United States Code, with respect to the lease extension author-
ized by subsection (a) if the Secretary determines that extension 
of the lease described in such subsection enhances the quality 
of life of members of the Armed Forces. 
SEC. 2838. LAND CONVEYANCES, MILAN ARMY AMMUNITION PLANT, 
TENNESSEE. 
(a) CONVEYANCES AUTHORIZED.— 
(1) CITY OF MILAN, TENNESSEE.—The Secretary of the Army 
may convey to the City of Milan, Tennessee (in this section 
referred to as the ‘‘City’’), all right, title, and interest of the 
United States in and to parcels of real property, including 
any improvements thereon, at Milan Army Ammunition Plant, 
Tennessee, that run parallel to Highway 45 and consist of 
a total of approximately 292 acres. 
(2) UNIVERSITY OF TENNESSEE.—The Secretary of the Army 
may convey, without consideration, to the University of Ten-
nessee (in this section referred to as the ‘‘University’’) all right, 
title, and interest of the United States in and to parcels of 
real property, including any improvements thereon and parcels 
currently leased to the University, at Milan Army Ammunition 
Plant that consist of a total of approximately 900 acres for 
the purpose of permitting the University to use the parcels 
for education research. 
(b) CONSIDERATION.— 
(1) AMOUNT AND DETERMINATION.—As consideration for the 
conveyance authorized by subsection (a)(1), the City shall pay 
to the Secretary of the Army an amount that is not less than 
the fair market value of the property to be conveyed under 
such subsection, as determined by an appraisal approved by 
the Secretary.
H. R. 6395—961 
(2) DEPOSIT AND AVAILABILITY.—The Secretary of the Army 
shall deposit the cash payment received under paragraph (1) 
in the special account in the Treasury established for that 
Secretary under section 2667(e) of title 10, United States Code. 
The entire amount deposited shall be available for use in 
accordance with paragraph (1)(C) of such section. Paragraph 
(1)(D) of such section shall not apply to the entire amount 
deposited. 
(c) REVERSIONARY INTEREST.— 
(1) INTEREST
RETAINED.—If the Secretary of the Army 
determines at any time that the property conveyed to the 
University under subsection (a)(2) is not being used in accord-
ance with the purpose of the conveyance specified in such 
subsection, all right, title, and interest in and to the conveyed 
property, including any improvements thereon, shall, at the 
option of the Secretary, revert to and become the property 
of the United States, and the United States shall have the 
right of immediate entry onto the property. A determination 
by the Secretary under this subsection shall be made on the 
record after an opportunity for a hearing. 
(2) ALTERNATIVE CONSIDERATION OPTION.—In lieu of exer-
cising the reversionary interest retained under paragraph (1), 
the Secretary of the Army may accept an offer by the University 
to pay to the Secretary an amount equal to the fair market 
value of the property conveyed under subsection (a)(2), 
excluding the value of any improvements on the conveyed prop-
erty constructed without Federal funds after the date the 
conveyance is completed, as determined by the Secretary. Sub-
section (b)(2) shall apply to any cash payment received by 
the Secretary under this paragraph. 
(d) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) CONVEYANCE TO CITY.—The Secretary of the Army shall 
require the City to pay costs to be incurred by the Secretary, 
or to reimburse the Secretary for such costs incurred by the 
Secretary, to carry out the conveyance authorized by subsection 
(a)(1), including survey costs, appraisal costs, costs for environ-
mental documentation related to the conveyance, and any other 
administrative costs related to the conveyance. 
(2) CONVEYANCE
TO
UNIVERSITY.—The Secretary shall 
require the University to pay costs to be incurred by the Sec-
retary, or to reimburse the Secretary for such costs incurred 
by the Secretary, to carry out the conveyance authorized by 
subsection (a)(2), including survey costs, appraisal costs, costs 
for environmental documentation related to the conveyance, 
and any other administrative costs related to the conveyance. 
(3) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursement under paragraphs (1) and (2) shall be cred-
ited to the fund or account that was used to pay the costs 
incurred by the Secretary in carrying out the conveyances under 
subsection (a) or, if the period of availability of obligations 
for that appropriation has expired, to the appropriations of 
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.
H. R. 6395—962 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the parcels of real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to the 
Secretary of the Army. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Army may require such additional terms and conditions in connec-
tion with the conveyances authorized by subsection (a) as the Sec-
retary considers appropriate to protect the interests of the United 
States. 
Subtitle E—Military Land Withdrawals 
SEC. 2841. RENEWAL OF LAND WITHDRAWAL AND RESERVATION TO 
BENEFIT NAVAL AIR FACILITY, EL CENTRO, CALIFORNIA. 
Section 2925 of the El Centro Naval Air Facility Ranges With-
drawal Act (subtitle B of title XXIX of Public Law 104–201; 110 
Stat. 2816) is amended by striking ‘‘25 years after the date of 
the enactment of this subtitle’’ and inserting ‘‘on November 6, 
2046’’. 
SEC. 2842. RENEWAL OF FALLON RANGE TRAINING COMPLEX LAND 
WITHDRAWAL AND RESERVATION. 
Notwithstanding section 3015 of the Military Lands Withdrawal 
Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892), the 
withdrawal and reservation of lands (known as the Fallon Range 
Training Complex) made by section 3011(a) of such Act (113 Stat. 
885) shall terminate on November 6, 2046. 
SEC. 2843. RENEWAL OF NEVADA TEST AND TRAINING RANGE LAND 
WITHDRAWAL AND RESERVATION. 
Notwithstanding section 3015 of the Military Lands Withdrawal 
Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892), the 
withdrawal and reservation of lands (known as the Nevada Test 
and Training Range) made by section 3011(b) of such Act (113 
Stat. 886) shall terminate on November 6, 2046. 
SEC. 2844. ESTABLISHMENT OF INTERAGENCY COMMITTEES ON JOINT 
USE OF CERTAIN LAND WITHDRAWN FROM APPROPRIA-
TION UNDER PUBLIC LAND LAWS. 
(a) INTERAGENCY EXECUTIVE COMMITTEE
ON JOINT USE
BY 
DEPARTMENT
OF
THE NAVY
AND DEPARTMENT
OF
THE INTERIOR 
OF NAVAL AIR STATION FALLON RANGES.—Section 3011(a) of the 
Military Lands Withdrawal Act of 1999 (Public Law 106–65; 113 
Stat. 885) is amended by adding at the end the following new 
paragraph: 
‘‘(5) INTERGOVERNMENTAL EXECUTIVE COMMITTEE.— 
‘‘(A) ESTABLISHMENT.—The Secretary of the Navy and 
the Secretary of the Interior shall jointly establish, by 
memorandum of understanding, an intergovernmental 
executive committee (referred to in this paragraph as the 
‘executive committee’), for the purpose of exchanging views, 
information, and advice relating to the management of 
the natural and cultural resources of the land described 
in paragraph (2). 
‘‘(B) MEMORANDUM OF UNDERSTANDING.—The memo-
randum of understanding entered into under subparagraph 
(A) shall include—
H. R. 6395—963 
‘‘(i) a description of the officials and other individ-
uals to be invited to participate as members in the 
executive committee under subparagraph (C); 
‘‘(ii) a description of the duties of the Chairperson 
and Vice Chairperson of the executive committee; and 
‘‘(iii) subject to subparagraphs (D) and (E), a proce-
dure for— 
‘‘(I) creating a forum to carry out the purpose 
described in subparagraph (A); 
‘‘(II) rotating the Chairperson of the executive 
committee; and 
‘‘(III) scheduling regular meetings of the execu-
tive committee. 
‘‘(C) MEMBERSHIP.—The executive committee shall be 
comprised of— 
‘‘(i) 1 representative of the Nevada Department 
of Wildlife; 
‘‘(ii) 1 representative of the Nevada Department 
of Conservation and Natural Resources; 
‘‘(iii) 1 county commissioner from each of Churchill, 
Lyon, Nye, Mineral, and Pershing Counties, Nevada; 
‘‘(iv) 1 representative of each Indian tribe in the 
vicinity of the land described in paragraph (2); and 
‘‘(v) not more than 3 members that the Secretary 
of the Navy and the Secretary of the Interior jointly 
determine would advance the goals and objectives of 
the executive committee. 
‘‘(D) CHAIRPERSON AND VICE CHAIRPERSON.—The mem-
bers of the executive committee shall elect from among 
the members— 
‘‘(i) 1 member to serve as Chairperson of the execu-
tive committee; and 
‘‘(ii) 1 member to serve as Vice Chairperson of 
the executive committee. 
‘‘(E) MEETINGS.— 
‘‘(i) FREQUENCY.—The executive committee shall 
meet not less frequently than 3 times each calendar 
year. 
‘‘(ii) LOCATION.—The location of the meetings of 
the executive committee shall rotate to facilitate ease 
of access for all members of the executive committee. 
‘‘(iii) PUBLIC ACCESSIBILITY.—The meetings of the 
executive committee shall— 
‘‘(I) be open to the public; and 
‘‘(II) serve as a forum for the public to provide 
comments regarding the natural and cultural 
resources of the land described in paragraph (2). 
‘‘(F) CONDITIONS AND TERMS.— 
‘‘(i) IN GENERAL.—Each member of the executive 
committee shall serve voluntarily and without com-
pensation. 
‘‘(ii) TERM OF APPOINTMENT.— 
‘‘(I) IN GENERAL.—Except as provided in sub-
clause (II)(bb), each member of the executive com-
mittee shall be appointed for a term of 4 years. 
‘‘(II) ORIGINAL MEMBERS.—Of the members ini-
tially appointed to the executive committee, the
H. R. 6395—964 
Secretary of the Navy and the Secretary of the 
Interior shall select— 
‘‘(aa) 1⁄2 to serve for a term of 4 years; 
and 
‘‘(bb) 1⁄2 to serve for a term of 2 years. 
‘‘(iii) REAPPOINTMENT
AND
REPLACEMENT.—The 
Secretary of the Navy and the Secretary of the Interior 
may reappoint or replace, as appropriate, a member 
of the executive committee if— 
‘‘(I) the term of the member has expired; 
‘‘(II) the member has resigned; or 
‘‘(III) the position held by the member has 
changed to the extent that the ability of the 
member to represent the group or entity that the 
member represents has been significantly affected. 
‘‘(G) LIAISONS.—The Secretary of the Navy and the 
Secretary of the Interior shall each appoint appropriate 
operational and land management personnel of the Depart-
ment of the Navy and the Department of the Interior, 
respectively, to serve as liaisons to the executive com-
mittee.’’. 
(b) JOINT ACCESS AND USE BY DEPARTMENT OF THE AIR FORCE 
AND DEPARTMENT OF THE INTERIOR OF NEVADA TEST AND TRAINING 
RANGE AND DESERT NATIONAL WILDLIFE REFUGE.— 
(1) UNITED STATES FISH AND WILDLIFE SERVICE AND DEPART-
MENT
OF
THE
AIR
FORCE
COORDINATION.—Section 3011(b)(5) 
of the Military Lands Withdrawal Act of 1999 (Public Law 
106–65; 113 Stat. 887) is amended by adding at the end the 
following new subparagraph: 
‘‘(G) INTERAGENCY COMMITTEE.— 
‘‘(i) IN
GENERAL.—The Secretary of the Interior 
and the Secretary of the Air Force shall jointly estab-
lish an interagency committee (referred to in this 
subparagraph as the ‘interagency committee’) to facili-
tate 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. 
‘‘(ii) MEMBERSHIP.—The interagency committee 
shall include only the following members: 
‘‘(I) Representatives from the United States 
Fish and Wildlife Service. 
‘‘(II) Representatives from the Department of 
the Air Force. 
‘‘(III) The Project Leader of the Desert 
National Wildlife Refuge Complex. 
‘‘(IV) The Commander of the Nevada Test and 
Training Range, Nellis Air Force Base. 
‘‘(iii) REPORT TO CONGRESS.—The interagency com-
mittee shall biannually submit to the Committees on 
Armed Services, Environment and Public Works, and 
Energy and Natural Resources of the Senate and the 
Committees on Armed Services and Natural Resources 
of the House of Representatives, and make available 
publicly online, a report on the activities of the inter-
agency committee.’’.
H. R. 6395—965 
(2) INTERGOVERNMENTAL
EXECUTIVE
COMMITTEE.—Such 
section is further amended by adding at the end the following 
new subparagraph: 
‘‘(H) INTERGOVERNMENTAL EXECUTIVE COMMITTEE.— 
‘‘(i) ESTABLISHMENT.—The Secretary of the Interior 
and the Secretary of the Air Force shall jointly estab-
lish, by memorandum of understanding, an intergov-
ernmental executive committee (referred to in this 
subparagraph as the ‘executive committee’) in accord-
ance with this subparagraph. 
‘‘(ii) PURPOSE.—The executive committee shall be 
established for the purposes of— 
‘‘(I) exchanging views, information, and advice 
relating to the management of the natural and 
cultural resources of the lands withdrawn and 
reserved by this section; and 
‘‘(II) discussing and making recommendations 
to the interagency committee established under 
subparagraph (G) with respect to public access 
needs and requirements. 
‘‘(iii) COMPOSITION.—The executive committee shall 
comprise the following members: 
‘‘(I) FEDERAL AGENCIES.—The Secretary of the 
Interior and the Secretary of the Air Force shall 
each appoint 1 representative from an interested 
Federal agency. 
‘‘(II) STATE
GOVERNMENT.—The Secretary of 
the Interior and the Secretary of the Air Force 
shall jointly invite 1 representative of the Nevada 
Department of Wildlife. 
‘‘(III) LOCAL GOVERNMENTS.—The Secretary of 
the Interior and the Secretary of the Air Force 
shall jointly invite 1 county commissioner of each 
of Clark, Nye, and Lincoln Counties, Nevada. 
‘‘(IV) TRIBAL GOVERNMENTS.—The Secretary of 
the Interior and the Secretary of the Air Force 
shall jointly invite 1 representative of each Indian 
tribe in the vicinity of the portions of the joint 
use area of the Desert National Wildlife Refuge 
where the Secretary of the Interior exercises pri-
mary jurisdiction. 
‘‘(V) PUBLIC.—The Secretary of the Interior 
and the Secretary of the Air Force shall jointly 
invite not more than 3 private individuals who 
the Secretary of the Interior and the Secretary 
of the Air Force jointly determine would further 
the goals and objectives of the executive committee. 
‘‘(VI) ADDITIONAL MEMBERS.—The Secretary of 
the Interior and the Secretary of the Air Force 
may designate such additional members as the 
Secretary of the Interior and the Secretary of the 
Air Force jointly determine to be appropriate. 
‘‘(iv) OPERATION.—The executive committee shall 
operate in accordance with the terms set forth in the 
memorandum of understanding under clause (i), which 
shall specify the officials or other individuals to be
H. R. 6395—966 
invited to participate in the executive committee in 
accordance with clause (iii). 
‘‘(v) PROCEDURES.—Subject to clauses (vi) and (vii), 
the memorandum of understanding under clause (i) 
shall establish procedures for— 
‘‘(I) creating a forum for carrying out the pur-
pose described in clause (ii); 
‘‘(II) rotating the Chairperson of the executive 
committee; and 
‘‘(III) scheduling regular meetings. 
‘‘(vi) CHAIRPERSON AND VICE CHAIRPERSON.— 
‘‘(I) IN GENERAL.—The members of the execu-
tive committee shall elect from among the mem-
bers— 
‘‘(aa) 1 member to serve as the Chair-
person of the executive committee; and 
‘‘(bb) 1 member to serve as the Vice Chair-
person of the executive committee. 
‘‘(II) DUTIES.—The duties of each of the Chair-
person and the Vice Chairperson shall be included 
in the memorandum of understanding under clause 
(i). 
‘‘(vii) MEETINGS.— 
‘‘(I) FREQUENCY.—The executive committee 
shall meet not less frequently than 3 times each 
calendar year. 
‘‘(II) 
MEETING
LOCATIONS.—Locations 
of 
meetings of the executive committee shall rotate 
to facilitate ease of access for all executive com-
mittee members. 
‘‘(III) PUBLIC ACCESSIBILITY.—Meetings of the 
executive committee shall— 
‘‘(aa) be open to the public; and 
‘‘(bb) provide a forum for the public to 
provide comment regarding the management 
of, and public access to, the Nevada Test and 
Training Range and the Desert National Wild-
life Refuge. 
‘‘(viii) CONDITIONS AND TERMS OF APPOINTMENT.— 
‘‘(I) IN GENERAL.—Each member of the execu-
tive committee shall serve voluntarily and without 
compensation. 
‘‘(II) TERM OF APPOINTMENT.— 
‘‘(aa) IN GENERAL.—Each member of the 
executive committee shall be appointed for a 
term of 4 years. 
‘‘(bb) 
ORIGINAL
MEMBERS.—Notwith-
standing item (aa), the Secretary of the 
Interior and the Secretary of the Air Force 
shall select— 
‘‘(AA) 1⁄2 of the original members of 
the executive committee to serve for a 
term of 4 years; and 
‘‘(BB) 1⁄2 of the original members of 
the executive committee to serve for a 
term of 2 years.
H. R. 6395—967 
‘‘(III) REAPPOINTMENT
AND
REPLACEMENT.— 
The Secretary of the Interior and the Secretary 
of the Air Force may reappoint or replace a 
member of the executive committee if— 
‘‘(aa) the term of the member has expired; 
‘‘(bb) the member has resigned; or 
‘‘(cc) the position held by the member has 
changed to the extent that the ability of the 
member to represent the group or entity that 
the member represents has been significantly 
affected. 
‘‘(ix) LIAISONS.—The Secretary of the Air Force 
and the Secretary of the Interior shall each appoint 
appropriate operational and land management per-
sonnel of the Department of the Air Force and the 
Department of the Interior, respectively, to participate 
in, and serve as liaisons to, the executive committee.’’. 
Subtitle F—Asia-Pacific and Indo-Pacific 
Issues 
SEC. 2851. CHANGE TO BIENNIAL REPORTING REQUIREMENT FOR 
INTERAGENCY COORDINATION GROUP OF INSPECTORS 
GENERAL FOR GUAM REALIGNMENT. 
Section 2835(e)(1) of the Military Construction Authorization 
Act for Fiscal Year 2010 (division B of Public Law 111–84; 10 
U.S.C. 2687 note) is amended— 
(1) in the paragraph heading, by striking ‘‘ANNUAL’’ and 
inserting ‘‘BIENNIAL’’; and 
(2) in the matter preceding subparagraph (A)— 
(A) by striking ‘‘February 1 of each year’’ and inserting 
‘‘February 1, 2022, and every second February 1 there-
after’’; 
(B) by striking ‘‘fiscal year’’ and inserting ‘‘two fiscal 
years’’; 
(C) by striking ‘‘such year’’ and inserting ‘‘such years’’; 
and 
(D) by striking ‘‘the year’’ and inserting ‘‘the years’’. 
SEC. 2852. ADDITIONAL EXCEPTION TO RESTRICTION ON DEVELOP-
MENT OF PUBLIC INFRASTRUCTURE IN CONNECTION 
WITH REALIGNMENT OF MARINE CORPS FORCES IN ASIA- 
PACIFIC REGION. 
Notwithstanding section 2821(b) of the Military Construction 
Authorization Act for Fiscal Year 2015 (division B of Public Law 
113–291; 10 U.S.C. 2687 note), the Secretary of Defense may pro-
ceed with the public infrastructure project on Guam intended to 
provide a new public health laboratory, as identified in the report 
prepared by the Secretary of Defense under section 2822(d)(2) of 
the Military Construction Authorization Act for Fiscal Year 2014 
(division B of Public Law 113–66; 127 Stat. 1017) and entitled 
‘‘Economic Adjustment Committee Implementation Plan Supporting 
the Preferred Alternative for the Relocation of Marine Corps Forces 
to Guam’’, subject to the availability of funds for the project.
H. R. 6395—968 
SEC. 2853. DEVELOPMENT OF MASTER PLAN FOR INFRASTRUCTURE 
TO SUPPORT ROTATIONAL ARMED FORCES IN AUS-
TRALIA. 
(a) MASTER PLAN REQUIRED.—The Secretary of Defense shall 
develop a master plan for the construction of infrastructure required 
to support the rotational presence of units and members the United 
States Armed Forces in the Northern Territory of the Common-
wealth of Australia (in this section referred to as the ‘‘Northern 
Territory’’). 
(b) MASTER PLAN ELEMENTS.—The master plan shall include 
the following: 
(1) A list and description of the scope, cost, and schedule 
for each military construction, repair, or other infrastructure 
project carried out at installations or training areas in the 
Northern Territory since October 1, 2011. 
(2) A list and description of the scope, cost, and schedule 
for each military construction, repair, or other infrastructure 
project anticipated to be necessary at installations or training 
areas in the Northern Territory during the 10-year period begin-
ning on the date of the enactment of this Act. 
(3) For each project included in the master plan pursuant 
to paragraph (1) or (2), an explanation of— 
(A) whether the proponent of the project was the Sec-
retary of a military department, a combat support agency, 
a combatant command, or the Commonwealth of Australia; 
and 
(B) the funding source, or anticipated resource sponsor, 
for the project, including whether the project is funded 
by the United States, by the Commonwealth of Australia, 
or jointly by both countries. 
(4) Such other issues as determined by the Secretary of 
Defense to be appropriate. 
(c) COORDINATION.—The Secretary of Defense shall coordinate 
with the Commander of United States Indo-Pacific Command and 
the Secretaries of the military departments to develop the master 
plan. 
(d) REPORT REQUIREMENT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report containing 
a copy of the master plan. The report shall be submitted in unclassi-
fied form, but may include a classified annex. 
SEC. 2854. BULK FUEL MANAGEMENT IN UNITED STATES INDO-PACIFIC 
COMMAND AREA OF RESPONSIBILITY. 
(a) DESIGNATION OF RESPONSIBLE ORGANIZATIONAL ELEMENT.— 
(1) DESIGNATION
REQUIRED.—The Secretary of Defense 
shall designate a single organizational element of the Depart-
ment of Defense to be responsible for bulk fuel management 
and delivery throughout the United States Indo-Pacific Com-
mand Area of Responsibility. 
(2) DEADLINE FOR DESIGNATION; NOTICE.—Not later than 
30 days after the date of the enactment of this Act, the Sec-
retary of Defense shall make the designation required by para-
graph (1) and notify the Committees on Armed Services of 
the Senate and the House of Representatives of the organiza-
tional element so designated. 
(b) BULK FUEL MANAGEMENT STRATEGY.—
H. R. 6395—969 
(1) STRATEGY REQUIRED.—The organizational element des-
ignated pursuant to subsection (a) shall prepare a bulk fuel 
management strategy for the United States Indo-Pacific Com-
mand Area of Responsibility designed to develop the required 
bulk fuel management infrastructure and programs to optimally 
support bulk fuel management in the United States Indo-Pacific 
Command Area of Responsibility. 
(2) ADDITIONAL ELEMENTS.—The strategy shall include the 
following additional elements: 
(A) A description of current organizational responsi-
bility of bulk fuel management in the United States Indo- 
Pacific Command Area of Responsibility from ordering, 
storage, strategic transportation, and tactical transpor-
tation to the last tactical mile. 
(B) A description of legacy bulk fuel management 
assets that can be used to support the United States Indo- 
Pacific Command. 
(C) A description of current programs for platforms 
and weapon systems and research and development aimed 
at managing fuel constraints through decreasing demand. 
(c) COORDINATION.—The bulk fuel management strategy 
required by subsection (b) shall be prepared in coordination with 
subject-matter experts of the United States Indo-Pacific Command, 
the United States Transportation Command, the Defense Logistics 
Agency, and the military departments. 
(d) 
PROHIBITION
ON
CERTAIN
CONSTRUCTION
PENDING 
NOTICE.—Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2021 for the Navy 
for construction related to additional bulk fuel storage in the United 
States Indo-Pacific Command Area of Responsibility, not more than 
50 percent may be obligated or expended before the date on which 
the notice required by subsection (a)(2) is submitted. 
Subtitle G—Authorized Pilot Programs 
SEC. 2861. PILOT PROGRAM TO AUTHORIZE USE OF COST SAVINGS 
REALIZED 
FROM 
INTERGOVERNMENTAL 
SERVICES 
AGREEMENTS FOR INSTALLATION-SUPPORT SERVICES. 
(a) PILOT PROGRAM REQUIRED.—Section 2679 of title 10, United 
States Code, is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
‘‘(e) PILOT PROGRAM FOR USE OF COST SAVINGS REALIZED.— 
(1) Each Secretary concerned shall conduct a pilot program under 
which the Secretary will make available to the commander of each 
military installation for which cost savings are realized as a result 
of an intergovernmental support agreement entered into under 
this section an amount equal to not less than 25 percent of the 
amount of such cost savings for that military installation for a 
fiscal year. 
‘‘(2) Amounts made available to an installation commander 
under paragraph (1) shall be used solely to address sustainment 
restoration and modernization requirements that have been 
approved by the major subordinate command or equivalent compo-
nent.
H. R. 6395—970 
‘‘(3) With respect to each military installation for which 
amounts are made available to the installation commander under 
paragraph (1), the Secretary concerned shall certify, not less fre-
quently than annually for each fiscal year of the pilot program, 
to the congressional defense committees the following: 
‘‘(A) The name of the installation and the amount of the 
cost savings achieved at the installation. 
‘‘(B) The source and type of intergovernmental support 
agreement that achieved the cost savings. 
‘‘(C) The amount of the cost savings made available to 
the installation commander under paragraph (1). 
‘‘(D) The sustainment restoration and modernization pur-
poses for which the amount made available under paragraph 
(1) were used. 
‘‘(4) The authority to conduct the pilot program shall expire 
September 30, 2025.’’. 
(b) PROMULGATION OF GUIDANCE.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall promulgate guidance for the development of the pilot program 
required by subsection (e) of section 2679 of title 10, United States 
Code, as added by subsection (a). 
SEC. 2862. DEPARTMENT OF DEFENSE PILOT PROGRAM TO EVALUATE 
EXPANSION OF LAND EXCHANGE AUTHORITY. 
(a) PILOT PROGRAM REQUIRED.—Section 2869(a) of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(3)(A) The Secretary of Defense shall establish a pilot program 
under which the Secretary concerned, during the term of the pilot 
program, may use the authority provided by paragraph (1) to also 
convey real property, including any improvements thereon, 
described in paragraph (2) to any person who agrees, in exchange 
for the real property, to provide— 
‘‘(i) installation-support services (as defined in 2679(e) of 
this title); or 
‘‘(ii) a new facility or improvements to an existing facility. 
‘‘(B) The acquisition of a facility or improvements to an existing 
facility using the authority provided by subparagraph (A) shall 
not be treated as a military construction project for which an 
authorization is required by section 2802 of this title. 
‘‘(C) The expanded conveyance authority provided by subpara-
graph (A) applies only during the five-year period beginning on 
the date on which the Secretary of Defense issues guidance 
regarding the use by the Secretaries concerned of such authority.’’. 
(b) 
CONDITIONS
ON
USE
OF
EXPANDED
CONVEYANCE 
AUTHORITY.—Section 2869(b) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in the first sentence, by striking ‘‘of the land to 
be’’ and inserting ‘‘of the real property, installation-support 
services, or facility or improvements to an existing facility’’; 
and 
(B) in the second sentence, by striking ‘‘of the land 
is less than the fair market value of the real property 
to be conveyed’’ and inserting ‘‘of the real property conveyed 
by the Secretary concerned exceeds the fair market value
H. R. 6395—971 
of the real property, installation-support services, or facility 
or improvements received by the Secretary’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) The Secretary concerned may agree to accept a facility 
or improvements to an existing facility under subsection (a)(3) only 
if the Secretary concerned determines that the facility or improve-
ments— 
‘‘(A) are completed and usable, fully functional, and ready 
for occupancy; 
‘‘(B) satisfy all operational requirements; and 
‘‘(C) meet all Federal, State, and local requirements 
applicable to the facility relating to health, safety, and the 
environment.’’. 
(c) ISSUANCE OF GUIDANCE.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall issue guidance providing for the implementation of the pilot 
program required by section 2869(a)(3) of title 10, United States 
Code, as added by this section. 
SEC. 2863. PILOT PROGRAM TO SUPPORT COMBATANT COMMAND MILI-
TARY CONSTRUCTION PRIORITIES. 
(a) PILOT PROGRAM.—The Secretary of Defense shall conduct 
a pilot program to evaluate the usefulness of reserving a portion 
of the military construction funds of the military departments to 
help the combatant commands satisfy their military construction 
priorities in a timely manner. 
(b) LOCATION.—The Secretary of Defense shall conduct the pilot 
program for the benefit of the United States Indo-Pacific Command 
in the area of responsibility of the United States Indo-Pacific Com-
mand. 
(c) REQUIRED INVESTMENT.—For each fiscal year during which 
the pilot program is conducted, the Secretary of Defense shall 
reserve to carry out military construction projects under the pilot 
program an amount equal to 10 percent of the total amount author-
ized to be appropriated for military construction projects by titles 
XXI, XXII, and XXIII of the Military Construction Authorization 
Act for that fiscal year. 
(d) COMMENCEMENT AND DURATION.— 
(1) COMMENCEMENT.—The Secretary of Defense shall com-
mence the pilot program no later than October 1, 2023. The 
Secretary may commence the pilot program as early as October 
1, 2022, if the Secretary determines that compliance with the 
reservation of funds requirement under subsection (c) is prac-
ticable beginning with fiscal year 2023. 
(2) DURATION.—The pilot program shall be in effect for 
the fiscal year in which the Secretary commences the pilot 
program, as described in paragraph (1), and the subsequent 
two fiscal years. Any construction commenced under the pilot 
program before the expiration date may continue to completion. 
(e) PROGRESS REPORT.—Not later than February 15 of the final 
fiscal year of the pilot program, the Secretary of Defense shall 
submit to the congressional defense committees a report evaluating 
the success of the pilot program in improving the timeliness of 
the United States Indo-Pacific Command in achieving its military 
construction priorities. The Secretary shall include in the report— 
(1) an evaluation of the likely positive and negative impacts 
were the pilot program extended or made permanent and, if
H. R. 6395—972 
extended or made permanent, the likely positive and negative 
impacts of expansion to cover all or additional combatant com-
mands; and 
(2) the recommendations of the Secretary regarding 
whether the pilot program should be extended or made perma-
nent and expanded. 
SEC. 2864. PILOT PROGRAM TO TEST USE OF EMERGENCY DIESEL 
GENERATORS IN A MICROGRID CONFIGURATION AT CER-
TAIN MILITARY INSTALLATIONS. 
(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense 
may conduct a pilot program (to be known as the ‘‘Emergency 
Diesel Generator Microgrid Program’’) to evaluate the feasibility 
and cost effectiveness of connecting existing diesel generators at 
a military installation selected pursuant to subsection (c) to create 
and support one or more microgrid configurations at the installation 
capable of providing full-scale electrical power for the defense crit-
ical facilities located at the installation during an emergency 
involving the loss of external electric power supply caused by an 
extreme weather condition, manmade intentional infrastructure 
damage, or other circumstance. 
(b) GOALS OF PILOT PROGRAM.—The goals of the Emergency 
Diesel Generator Microgrid Program are— 
(1) to test assumptions about lower operating and mainte-
nance costs, parts interchangeability, lower emissions, lower 
fuel usage, increased resiliency, increased reliability, and 
reduced need for emergency diesel generators; and 
(2) to establish design criteria that could be used to build 
and sustain emergency diesel generator microgrids at other 
military installations. 
(c) PILOT PROGRAM LOCATIONS.—As the locations to conduct 
the Emergency Diesel Generator Microgrid Program, the Secretary 
of Defense shall select two major military installations located 
in different geographical regions of the United States that the 
Secretary determines— 
(1) are defense critical electric infrastructure sites or con-
tain, or are served by, defense critical electric infrastructure; 
(2) contain more than one defense critical function for 
national defense purposes and the mission assurance of such 
critical defense facilities are paramount to maintaining national 
defense and force projection capabilities at all times; and 
(3) face unique electric energy supply, delivery, and dis-
tribution challenges that, based on the geographic location of 
the installations and the overall physical size of the installa-
tions, adversely impact rapid electric infrastructure restoration 
after an interruption. 
(d) SPECIFICATIONS OF DIESEL GENERATORS AND MICROGRID.— 
(1) GENERATOR SPECIFICATIONS.—The Secretary of Defense 
shall use existing diesel generators that are sized >/= 750kW 
output. 
(2) MICROGRID SPECIFICATIONS.—The Secretary of Defense 
shall create the microgrid using commercially available and 
proven designs and technologies. The existing diesel generators 
used for the microgrid should be spaced within 1.0 to 1.5 
mile of each other and, using a dedicated underground electric 
cable network, be tied into a microgrid configuration sufficient 
to supply mission critical facilities within the service area of
H. R. 6395—973 
the microgrid. A selected military installation may contain more 
than one such microgrid under the Emergency Diesel Generator 
Microgrid Program. 
(e) PROGRAM AUTHORITIES.—The Secretary of Defense may use 
the authority under section 2914 of title 10, United States Code 
(known as the Energy Resilience and Conservation Investment Pro-
gram), and energy savings performance contracts to conduct the 
Emergency Diesel Generator Microgrid Program. 
(f) DEFINITIONS.—For purposes of the Emergency Diesel Gener-
ator Microgrid Program: 
(1) The term ‘‘defense critical electric infrastructure’’ has 
the meaning given that term in section 215A of the Federal 
Power Act (16 U.S.C. 824o–1). 
(2) The term ‘‘energy savings performance contract’’ has 
the meaning given that term in section 804(3) of the National 
Energy Conservation Policy Act (42 U.S.C. 8287c(3)). 
(3) The term ‘‘existing diesel generators’’ means diesel 
generators located, as of the date of the enactment of this 
Act, at a major military installation selected as a location 
for the Emergency Diesel Generator Microgrid Program and 
intended for emergency use. 
(4) The term ‘‘major military installation’’ has the meaning 
given that term in section 2864 of title 10, United States 
Code. 
SEC. 2865. PILOT PROGRAM TO AUTHORIZE ADDITIONAL MILITARY 
CONSTRUCTION PROJECTS FOR CHILD DEVELOPMENT 
CENTERS AT MILITARY INSTALLATIONS. 
(a) AUTHORIZATION OF ADDITIONAL PROJECTS.—Each Secretary 
of a military department shall conduct a pilot program under which 
the Secretary may carry out military construction projects for child 
development centers at military installations, as specified in the 
funding table in section 4601 of a National Defense Authorization 
Act for a fiscal year covered by the pilot program. The military 
construction projects authorized under the pilot program are in 
addition to other military construction projects authorized by this 
Act or other National Defense Authorization Acts for fiscal years 
covered by the pilot program. 
(b) REPORTING REQUIREMENT
AS CONDITION
OF AUTHORIZA-
TION.— 
(1) REPORT REQUIRED.—Not later than 90 days after the 
date of the enactment of a National Defense Authorization 
Act for a fiscal year covered by the pilot program, the Secretary 
of the military department concerned shall submit to the 
congressional defense committees a report that describes the 
location, title, and cost, together with a Department of Defense 
Form 1391, for each military construction project the Secretary 
proposes to carry out under the pilot program pursuant to 
that National Defense Authorization Act. 
(2) TIMING OF AVAILABILITY OF FUNDS.—No funds may be 
obligated or expended for a military construction project under 
the pilot program— 
(A) unless the project is included in a report submitted 
under paragraph (1); and 
(B) until the expiration of the 30-day period beginning 
on the date on which the Secretary concerned submits
H. R. 6395—974 
the report under paragraph (1) in which the project is 
included. 
(c) EXPIRATION OF AUTHORIZATION.—Section 2002 of a National 
Defense Authorization Act for a fiscal year covered by the pilot 
program shall apply with respect to the authorization of a military 
construction project carried out under the pilot program pursuant 
to that National Defense Authorization Act in the same manner 
as such section applies to the authorization of military construction 
projects contained in titles XXI through XXIII of that National 
Defense Authorization Act. 
(d) COVERED FISCAL YEARS.—The pilot program shall be carried 
out for each of fiscal years 2021 through 2025, as provided in 
the National Defense Authorization Act for that fiscal year. 
SEC. 2866. DEPARTMENT OF THE ARMY PILOT PROGRAM FOR 
DEVELOPMENT AND USE OF ONLINE REAL ESTATE INVEN-
TORY TOOL. 
(a) PILOT PROGRAM REQUIRED.— 
(1) ESTABLISHMENT.—The Secretary of the Army shall 
establish a pilot program for the development of an online 
real estate tool to identify the existing inventory of space avail-
able at the Army installations selected by the Secretary under 
paragraph (2) for the purposes specified in subsection (b). 
(2) SELECTION OF PILOT LOCATIONS.—The Secretary shall 
evaluate the online inventory tool at not less than five, but 
not more than 10, Army installations selected by the Secretary 
as appropriate locations for evaluation of the online inventory 
tool. 
(3) CONSULTATION.—The Secretary shall establish the pilot 
program and develop the online inventory tool in consultation 
with the Administrator of General Services and the Assistant 
Secretary of Defense for Sustainment. 
(b) PURPOSES.—The purposes of the online inventory tool are— 
(1) to achieve efficiencies in real estate property manage-
ment consistent with the National Defense Strategy goal of 
finding greater efficiencies within Department of Defense oper-
ations; 
(2) to provide a means to better market to the public 
information regarding space available at Army installations 
for better utilization of such space; and 
(3) to provide a means to better quantify existing space 
available at Army installations and how it is utilized for current 
missions and requirements. 
(c) CONSIDERATIONS.—To establish the pilot program, the Sec-
retary of the Army shall— 
(1) consider innovative approaches, including the use of 
other transaction authorities consistent with section 2371 of 
title 10, United States Code, and the use of commercial off- 
the-shelf technologies; 
(2) develop appropriate protections of sensitive or classified 
information from being included with the online inventory tool; 
and 
(3) develop appropriate levels of access for private sector 
users of the online inventory tool. 
(d) ESTABLISHMENT OF USE POLICY.—In connection with the 
development of the online inventory tool, the Secretary of the Army 
shall develop policy requiring the use of the online inventory tool
H. R. 6395—975 
at the Army installations selected under subsection (a)(2) to query 
for existing inventory at such installations before any military 
construction or off-post leases are agreed to for such installations. 
The Secretary shall ensure that all relevant notifications to congres-
sional defense committees include certification that the online 
inventory tool was used. 
(e) ONLINE INVENTORY TOOL DEFINED.—In this section, the 
term ‘‘online inventory tool’’ means the online real estate tool devel-
oped under the pilot program to identify existing inventory of space 
available at Army installations selected to participate in the pilot 
program. 
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to effect the application of title V of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.). 
(g) REPORTING REQUIREMENT.—Not later than February 15, 
2025, the Secretary of the Army shall submit to Committees on 
Armed Services of the Senate and the House of Representatives 
a report evaluating the success of the pilot program in achieving 
the purposes specified in subsection (b). At a minimum, the report 
also shall identify and contain the following: 
(1) The Army installations selected under subsection (a)(2) 
to participate in the pilot program. 
(2) The number of real estate agreements entered into 
by the Department of the Army that were facilitated by use 
of the online inventory tool, including for each agreement the 
installation, amount of space, value, and purpose of the agree-
ment. 
(3) An evaluation of the extent to which use of the online 
inventory tool reduced the need for military construction or 
off-post leases. 
(4) An evaluation of any impediments to efficient use of 
the online inventory tool. 
(5) The recommendations of the Secretary regarding 
whether the pilot program should be extended, expanded, or 
made permanent. 
(h) DURATION.—The authority of the Secretary of the Army 
to conduct the pilot program shall expire on September 30, 2025. 
Subtitle H—Miscellaneous Studies and 
Reports 
SEC. 2871. REPORTS REGARDING DECISION-MAKING PROCESS USED 
TO LOCATE OR RELOCATE MAJOR HEADQUARTERS AND 
CERTAIN MILITARY UNITS AND WEAPON SYSTEMS. 
(a) ONE-TIME REPORT ON DECISION-MAKING PROCESS.— 
(1) REPORT REQUIRED.—Not later than March 1, 2021, each 
Secretary of a military department (and the Secretary of 
Defense with respect to matters concerning the Defense Agen-
cies and the Joint Staff) shall submit a report to the Committees 
on Armed Services of the House of Representatives and the 
Senate regarding the process to be used by the Secretary con-
cerned to make basing decisions for each Armed Force under 
the jurisdiction of the Secretary concerned in the following 
circumstances: 
(A) Whenever a military installation is to be selected 
to serve as the first permanent location for a new major
H. R. 6395—976 
headquarters, covered military unit, or major weapon 
system. 
(B) Whenever a permanent change is considered in 
the basing of a major headquarters, covered military unit, 
or major weapon system by relocating the major head-
quarters, covered military unit, or major weapon system 
from its current military installation to a different military 
installation. 
(2) ELEMENTS OF REPORT.—The report submitted by the 
Secretary concerned under paragraph (1) shall include at a 
minimum the following: 
(A) A description of the decision-making process to 
be used by that Secretary for basing decisions covered 
under subparagraph (A) and (B) of such paragraph. 
(B) A timeline for the scenarios outlined in such sub-
paragraphs, including the decision authority for each deci-
sion to be made during the decision-making process. 
(C) The congressional engagement plan to be used 
to notify the Committees on Armed Services of the House 
of Representatives and the Senate and interested Members 
of Congress at key points throughout the decision-making 
process. 
(D) The plan for implementing the requirements of 
section 483 of title 10, United States Code, as added by 
subsection (b). 
(3) DEFINITIONS.—The definitions contained in section 483 
of title 10, United States Code, as added by subsection (b), 
apply to this subsection. 
(b) CONGRESSIONAL
NOTIFICATIONS
REQUIRED
RELATED
TO 
BASING DECISION-MAKING PROCESS.—Chapter 23 of title 10, United 
States Code, is amended by inserting after section 482 the following 
new section: 
‘‘§ 483. Notifications related to basing decision-making 
process 
‘‘(a) NOTIFICATION REQUIRED.—At each point in the decision- 
making process specified in subsection (b), the Secretary concerned 
shall notify the congressional defense committees of the decision- 
making process to be used or the decision-making process used, 
whichever applies— 
‘‘(1) to select a military installation to serve as the first 
permanent location for a new major headquarters, covered mili-
tary unit, or major weapon system; or 
‘‘(2) to make a permanent change in the basing of a major 
headquarters, covered military unit, or major weapon system 
by relocating the major headquarters, covered military unit, 
or major weapon system from its current military installation 
to a different military installation. 
‘‘(b) DEADLINES FOR SUBMISSION OF NOTICE.—The Secretary 
concerned shall provide the notice required by subsection (a) within 
seven days after each of the following decision points during the 
decision-making process: 
‘‘(1) When the Secretary concerned issues any formal 
internal guidance to begin the decision-making process 
regarding the location or relocation of a major headquarters, 
covered military unit, or major weapon system.
H. R. 6395—977 
‘‘(2) When the Secretary concerned selects between two 
and five military installations as the most likely candidate 
locations for a major headquarters, covered military unit, or 
major weapon system in order to subject those installations 
to additional analysis. 
‘‘(3) When the Secretary concerned selects a specific mili-
tary installation as the preferred location for the major head-
quarters, covered military unit, or major weapon system. 
‘‘(c) REQUIRED
ELEMENTS
OF
NOTIFICATION.—In a notice 
required by subsection (a), the Secretary concerned shall include 
at a minimum the following: 
‘‘(1) A description of the manner in which the joint and 
all-domain training capabilities at each candidate location, if 
applicable to the type of basing decision-making process at 
issue, will be or was, whichever applies, comparatively analyzed 
among candidate military installations, separate from and in 
addition to the mission criteria to be used or that was used 
to make the basing decision. 
‘‘(2) A description of the manner in which the airspace 
and training areas available at each candidate location, if 
applicable to the type of basing decision-making process at 
issue, will be or was, whichever applies, comparatively analyzed 
among candidate military installations, separate from and in 
addition to the mission criteria to be used or that was used 
to make the basing decision. 
‘‘(3) A description of the manner in which community sup-
port for the basing decision-making process described in sub-
section (a) will be or was, whichever applies, comparatively 
analyzed among candidate military installations, including con-
sultation with appropriate State officials and officials of units 
of local government in which each installation is located 
regarding matters affecting the local community, such as 
transportation, utility infrastructure, housing, education, and 
family support activities. In any case in which the Secretary 
concerned selects as the preferred location a military installa-
tion with less community support compared to other locations, 
as indicated by such a comparative analysis, an explanation 
of the operational considerations that formed the basis for 
such selection. 
‘‘(4) An explanation of how each candidate location will 
be or was, whichever applies, scored against the factors referred 
to in the preceding paragraphs, including the weight assigned 
to each factor. 
‘‘(5) A summary of any internal score cards that will be 
or were, whichever applies, used to make the basing decision. 
‘‘(d) NOTICE AND WAIT REQUIREMENTS.—No irrevocable action 
may be taken to effect or implement a basing decision reached 
through the decision-making process described in subsection (a) 
until the end of the 14-day period beginning on the date on which 
the Secretary concerned submits, in an electronic medium pursuant 
to section 480 of this title, the notice referred to in subsection 
(b)(3) regarding a preferred location for the major headquarters, 
covered military unit, or major weapon system. 
‘‘(e) ANNUAL REPORTING REQUIREMENT.— 
‘‘(1) REPORT REQUIRED.—Not later than 10 days after the 
date on which the budget request for a fiscal year is submitted
H. R. 6395—978 
to Congress under section 1105 of title 31, the Secretary con-
cerned shall submit to the Committees on Armed Services 
of the House of Representatives and the Senate a report pro-
viding the following: 
‘‘(A) An update on the status and anticipated comple-
tion date of each decision-making process that was com-
menced or was underway during the previous two fiscal 
years regarding the location or relocation of a major head-
quarters, covered military unit, or major weapon system. 
‘‘(B) A list and description of anticipated basing 
decisions to be made regarding the location or relocation 
of a major headquarters, covered military unit, or major 
weapon system over the period covered by the future-years 
defense plan. 
‘‘(C) A timeline for a congressional engagement plan 
to brief the Committees on Armed Services of the House 
of Representatives and the Senate during the decision- 
making process and when decision notifications would be 
provided to interested Members of Congress. 
‘‘(2) ELEMENTS OF REPORT.—To satisfy the requirements 
of paragraph (1)(B), a report under this subsection shall include 
at a minimum the following: 
‘‘(A) An estimate of the number of members of the 
armed forces and civilian personnel potentially impacted 
by the basing decision. 
‘‘(B) The locations to be considered, if already known. 
‘‘(C) The expected timeline for beginning the decision- 
making process and reaching a final determination. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered military unit’ means a unit of the 
armed forces whose initial assignment to a military installation 
or relocation from a military installation to a different military 
installation requires the preparation of an environmental 
impact statement in accordance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(2) The term ‘major headquarters’ means the headquarters 
of a military unit or command that is the appropriate command 
of a general officer or flag officer. 
‘‘(3) The term ‘major weapon system’ means a weapon 
system that is treatable as a major system under section 
2302(5) of title. 
‘‘(4) The term ‘military installation’ means a base, camp, 
post, station, yard, center, homeport facility for any ship, or 
other activity under the jurisdiction of the Department of 
Defense, including any leased facility, which is located within 
any of the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, American Samoa, the Virgin 
Islands, the Commonwealth of the Northern Mariana Islands, 
or Guam. Such term does not include any facility used primarily 
for civil works, rivers and harbors projects, or flood control 
projects. 
‘‘(5) The term ‘Secretary concerned’ means— 
‘‘(A) the Secretary of the military department con-
cerned; and 
‘‘(B) the Secretary of Defense with respect to matters 
concerning the Defense Agencies and the Joint Staff.’’.
H. R. 6395—979 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 23 of title 10, United States Code, is amended 
by inserting after the item relating to section 482 the following 
new item: 
‘‘483. Notifications related to basing decision-making process.’’. 
SEC. 2872. REPORT ON EFFECT OF NOISE RESTRICTIONS ON MILITARY 
INSTALLATIONS AND OPERATIONS AND DEVELOPMENT 
AND IMPLEMENTATION OF NOISE MITIGATION MEAS-
URES. 
(a) REPORT REQUIREMENT.—Not later than July 1, 2021, the 
Secretary of Defense shall submit to the congressional defense 
committees a report describing— 
(1) the types and extent of noise restrictions impacting 
military installations inside the United States, including out-
lying landing fields and training ranges; 
(2) the effect of such noise restrictions on the operational 
readiness and efficiency of aviation units stationed at or using 
the military installations; 
(3) the voluntary noise mitigation measures, encroachment 
management measures, and community relations initiatives 
used by the military departments to prevent or lessen the 
need for noise restrictions; and 
(4) the progress being made to develop and implement 
additional cost-effective technological measures to mitigate 
noise emanating from operations at military installations and 
to prevent or lessen the need for noise restrictions. 
(b) CONSULTATION.—The Secretary of Defense shall prepare 
the report in consultation with the Secretaries of the military 
departments. 
SEC. 2873. STUDY AND REPORT REGARDING CONTINUED NEED FOR 
PROTECTED 
AIRCRAFT 
SHELTERS 
IN 
EUROPE 
AND 
STATUS OF UNITED STATES AIR BASE RESILIENCY IN 
EUROPE. 
(a) STUDY REQUIRED.—The Secretary of Defense, in consultation 
with the United States European Command, shall conduct a study 
to determine the following: 
(1) The continued need for protected aircraft shelters in 
Europe utilized by the United States Armed Forces. 
(2) The feasibility of providing alternative protections 
against attack for United States military aircraft based in 
Europe that would be as effective as, or more effective than, 
protected aircraft shelters against attack. 
(3) The current resiliency status of air bases in Europe 
under the operational control of the Department of Defense 
or a military department and utilized by the United States 
Armed Forces. 
(4) The effect of the proposed demotion of protected aircraft 
shelters in Europe on the resiliency of such air bases in Europe. 
(b) REPORT REQUIREMENT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report containing 
the results of the study required by subsection (a). The report 
shall be submitted in unclassified form, but may include a classified 
annex.
H. R. 6395—980 
(c) PROHIBITION ON CERTAIN ACTIVITIES PENDING STUDY.—Until 
the study required by subsection (a) is submitted as provided in 
subsection (b), funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2021 and funds author-
ized to be appropriated by a National Defense Authorization Act 
or otherwise made available for fiscal year 2022 may not be obli-
gated or expended to implement any activity that would have the 
effect of— 
(1) reducing the resiliency of any air base in Europe under 
the operational control of the Department of Defense or a 
military department and utilized by the United States Armed 
Forces; or 
(2) demolishing any protected aircraft shelter in Europe 
utilized by the United States Armed Forces. 
(d) WAIVER AND EXCEPTION.—The Secretary of Defense may 
waive the prohibition in subsection (c)(2) and authorize the demoli-
tion of a protected aircraft shelter covered by the prohibition at 
any time after the end of the 14-day period beginning on the 
date on which the Secretary certifies to the congressional defense 
committees, in an electronic medium pursuant to section 480 of 
title 10, United States Code, that the protected aircraft shelter— 
(1) is no longer needed to meet foreseeable threats to United 
States military aircraft in the European theater; or 
(2) is no longer a viable defensive measure to protect 
against such foreseeable threats. 
Subtitle I—Other Matters 
SEC. 2881. MILITARY CONSTRUCTION INFRASTRUCTURE AND WEAPON 
SYSTEM SYNCHRONIZATION FOR GROUND BASED STRA-
TEGIC DETERRENT. 
(a) AUTHORIZATION
FOR
PLANNING
AND
DESIGN.—Of the 
amounts authorized to be appropriated for planning and design, 
Air Force, for fiscal year 2021, for the Ground Based Strategic 
Deterrent, as specified in the funding table in section 4601, the 
Secretary of the Air Force may use not more than $15,000,000 
for the purpose of obtaining or carrying out necessary planning 
and construction design in connection with military construction 
projects and other infrastructure projects necessary to support the 
development and fielding of the Ground Based Strategic Deterrent 
weapon system. 
(b) AIR FORCE PROJECT MANAGEMENT AND SUPERVISION.—Each 
contract entered into by the United States for a military construc-
tion project or other infrastructure project in connection with the 
development and fielding of the Ground Based Strategic Deterrence 
weapon system shall be carried out under the direction and super-
vision of the Secretary of the Air Force. The Secretary may utilize 
and consult with the Air Force Civil Engineer Center, the Army 
Corps of Engineers, and the Naval Facilities Engineering Command 
for subject matter expertise, contracting capacity, and other support 
as determined to be necessary by the Secretary to carry out this 
section. 
(c) USE OF SINGLE PRIME CONTRACTOR.—The Secretary of the 
Air Force may award contracts for planning and construction design 
and for military construction projects and other infrastructure 
projects authorized by law in connection with the development
H. R. 6395—981 
and fielding of the Ground Based Strategic Deterrent weapon 
system to a single prime contractor if the Secretary determines 
that awarding the contracts to a single prime contractor— 
(1) is in the best interest of the Government; and 
(2) is necessary to ensure the proper synchronization and 
execution of work related to the development and fielding of 
the Ground Based Strategic Deterrent weapon system and its 
associated military construction projects and other infrastruc-
ture projects. 
(d) EXCEPTIONS TO CURRENT LAW.—The Secretary of the Air 
Force may carry out this section without regard to the following 
provisions of law: 
(1) Section 2304 of title 10, United States Code. 
(2) Section 2851(a) of such title. 
(e) EXPIRATION OF AUTHORITY.—The authorities provided by 
this section shall expire upon the earlier of the following: 
(1) The date that is 15 years after the date of the enactment 
of this Act. 
(2) The date on which the Secretary of the Air Force sub-
mits to the congressional defense committees a certification 
that the fielding of the Ground Based Strategic Deterrent 
weapon system is complete. 
(f) REPORTING REQUIREMENTS.— 
(1) INITIAL
REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of the Air 
Force shall submit to the congressional defense committees 
a report describing the actions taken and to be taken by the 
Secretary to ensure that the development and fielding of the 
Ground Based Strategic Deterrent weapon system is syn-
chronized with its associated military construction projects and 
other infrastructure projects. 
(2) REPORT ELEMENTS.—The report required by paragraph 
(1) shall contain, at minimum, the following elements: 
(A) A description of the estimated total cost, scope 
of work, location, and schedule for the planning and design, 
military construction, and other infrastructure investments 
necessary to support the development and fielding of the 
Ground Based Strategic Deterrent weapon system. 
(B) A recommendation regarding the methods by which 
a 
programmatic 
military 
construction 
authorization, 
authorization of appropriations, and appropriation, on an 
installation-by-installation basis, could be used to support 
the synchronized development and fielding of the Ground 
Based Strategic Deterrent and its associated military 
construction projects and other infrastructure projects. 
(C) Identification of the specific provisions of law, if 
any, that the Secretary determines may adversely impact 
or delay the development and fielding of the Ground Based 
Strategic Deterrent weapon system and its associated 
construction projects and other infrastructure projects, 
assuming, as described in subparagraph (B), the use of 
a programmatic military construction authorization on an 
installation-by-installation basis. 
(D) A plan to ensure sufficient capability and capacity 
to cover civilian and military manning for oversight and 
contract management related to the development and 
fielding of the Ground Based Strategic Deterrent weapon
H. R. 6395—982 
system and its associated construction projects and other 
infrastructure projects. 
(3) UPDATES.—At the same time that the budget is sub-
mitted under section 1105(a) of title 31, United States Code, 
for fiscal years 2023 through 2026, the Secretary of Defense 
shall notify the congressional defense committees of any devi-
ations made during the current or preceding fiscal year or 
intended to be made during the current or next fiscal year 
from the synchronization actions described in the report 
required by paragraph (1), in particular the report elements 
specified in paragraph (2). 
SEC. 2882. DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM. 
(a) 
PRIORITIZATION
OF
COMMUNITY
INFRASTRUCTURE 
PROJECTS.—Section 2391(d)(1) of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 
(2) by striking ‘‘, if the Secretary determines that such 
assistance will enhance the military value, resilience, or mili-
tary family quality of life at such military installation’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(B) The Secretary shall establish criteria for the selection 
of community infrastructure projects to receive assistance under 
this subsection, including selection of community infrastructure 
projects in the following order of priority: 
‘‘(i) Projects that will enhance military value at a military 
installation, taking into consideration the military value criteria 
originally developed by the Secretary in compliance with the 
amendment made by section 3002 of the Military Construction 
Authorization Act for Fiscal Year 2002 (division B of Public 
Law 107–107; 115 Stat. 1344). 
‘‘(ii) Projects that will enhance military installation resil-
ience, as defined in section 101(e)(8) of this title. 
‘‘(iii) Projects that will enhance military family quality 
of life at a military installation, taking into consideration sub-
section (e)(4)(C).’’. 
(b) COST-SHARING REQUIREMENTS.—Paragraph (2) of section 
2391(d) of title 10, United States Code, is amended to read as 
follows: 
‘‘(2)(A) The criteria established for the selection of community 
infrastructure projects to receive assistance under this subsection 
shall include a requirement that, except as provided in subpara-
graph (B), the State or local government agree to contribute not 
less than 30 percent of the funding for the community infrastructure 
project. 
‘‘(B) If a proposed community infrastructure project will be 
carried out in a rural area or the Secretary of Defense determines 
that a proposed community infrastructure project is advantageous 
for reasons related to national security, the Secretary— 
‘‘(i) shall not penalize a State or local government for 
offering to make a contribution of 30 percent or less of the 
funding for the community infrastructure project; and 
‘‘(ii) may reduce the requirement for a State or local govern-
ment contribution to 30 percent or less or waive the cost- 
sharing requirement entirely.’’. 
(c) SPECIFIED DURATION OF PROGRAM.—Section 2391(d)(4) of 
title 10, United States Code, is amended by striking ‘‘upon the
H. R. 6395—983 
expiration of the 10-year period which begins on the date of the 
enactment of the National Defense Authorization Act for Fiscal 
Year 2019’’ and inserting ‘‘on September 30, 2028’’. 
(d) CLARIFICATION OF MILITARY FAMILY QUALITY OF LIFE CRI-
TERIA.—Section 2391(e)(4) of title 10, United States Code, is 
amended by adding at the end the following new subparagraph: 
‘‘(C) For the purposes of determining whether proposed 
community infrastructure will enhance quality of life, the Sec-
retary of Defense shall consider the impact of the community 
infrastructure on alleviating installation commuter workforce 
issues and the benefit of schools or other local infrastructure 
located off of a military installation that will support members 
of the armed forces and their dependents residing in the 
community.’’. 
(e) DEFINITION OF RURAL AREA REVISED.—Section 2391(e)(5) 
of title 10, United States Code, is amended by striking ‘‘50,000 
inhabitants’’ and inserting ‘‘100,000 inhabitants’’. 
SEC. 2883. CONSIDERATION OF CERTAIN MILITARY FAMILY READINESS 
ISSUES IN MAKING BASING DECISIONS ASSOCIATED WITH 
CERTAIN MILITARY UNITS AND MAJOR HEADQUARTERS. 
(a) TAKING INTO CONSIDERATION MILITARY FAMILY READINESS 
ISSUES.—In determining whether to proceed with any basing deci-
sion associated with a covered military unit or major headquarters 
in the United States after the date of the enactment of this Act, 
the Secretary of the military department concerned shall take into 
account, among such other factors as that Secretary considers appro-
priate, the military family readiness considerations specified in 
this section, including those military family readiness consider-
ations specified pursuant to subsection (e). 
(b) INTERSTATE PORTABILITY OF LICENSURE AND CERTIFICATION 
CREDENTIALS.—With regard to the State in which an installation 
subject to a basing decision covered by subsection (a) is or will 
be located, the Secretary of the military department concerned 
shall take into account the extent to which the State— 
(1) has entered into reciprocity agreements to recognize 
and accept professional and occupational licensure and certifi-
cation credentials granted by or in other States; or 
(2) allows for the transfer of such licenses and certifications 
granted by or in other States. 
(c) HOUSING.—With regard to the military housing area in 
which an installation subject to a basing decision covered by sub-
section (a) is or will be located, the Secretary of the military depart-
ment concerned shall take into account the extent to which housing 
(including military family housing) that meets Department of 
Defense requirements is available and accessible to members of 
the Armed Forces through the private sector in such military 
housing area. 
(d) HEALTH CARE.—With regard to the community in which 
an installation subject to a basing decision covered by subsection 
(a) is or will be located, the Secretary of the military department 
concerned shall take into account the extent to which primary 
healthcare and specialty healthcare is available and accessible to 
dependents, including dependents with disabilities, of members of 
the Armed Forces through the private sector in such local commu-
nity.
H. R. 6395—984 
(e) OTHER SPECIFIED CONSIDERATIONS.—The Secretary of the 
military department concerned shall take into account such other 
considerations in connection with military family readiness as the 
Secretary of Defense shall specify for purposes of compliance with 
this section. 
(f) SAVINGS CLAUSE.—Nothing in this section shall be construed 
as requiring the Secretary of a military department to make a 
basing decision covered by subsection (a) that the Secretary deter-
mines would diminish military readiness or impede military mission 
for the purpose of military family readiness. 
(g) ANALYTICAL FRAMEWORK.—The Secretary of the military 
department concerned shall take into account the considerations 
specified in this section, among such other factors as the Secretary 
considers appropriate, in determining whether to proceed with a 
basing decision covered by subsection (a) using an analytical frame-
work developed by that Secretary that uses criteria based on— 
(1) quantitative data available within the Department of 
Defense; and 
(2) such reliable quantitative data from sources outside 
the Department as the Secretary considers appropriate. 
(h) BASING DECISION SCORECARD.— 
(1) SCORECARD REQUIRED.—The Secretary of the military 
department concerned shall establish a scorecard for military 
installations under the jurisdiction of such Secretary, and for 
States and localities in which such installations are or may 
be located, to facilitate taking into account the considerations 
specified in this section whenever that Secretary makes a 
basing decision covered by subsection (a). 
(2) UPDATE.—The Secretary of the military department 
concerned shall update the scorecard established by that Sec-
retary under this subsection not less frequently than once each 
year in order to keep the information in such scorecard as 
current as is practicable. 
(3) AVAILABILITY TO PUBLIC.—A current version of each 
scorecard established under this subsection shall be available 
to the public through an Internet website of the military depart-
ment concerned that is accessible to the public. 
(i) BRIEFINGS.—Not later than April 1 of each of 2021, 2022, 
and 2023, the Secretary of Defense shall brief the Committees 
on Armed Services of the Senate and the House of Representatives 
on actions taken pursuant to this section, including a description 
and assessment of the effect of the taking into account of the 
considerations specified in this section on particular basing decisions 
in the United States during the one-year period ending on the 
date of the briefing. 
(j) DEFINITIONS.—In this section: 
(1) The term ‘‘covered military unit’’ means a unit of the 
Armed Forces whose initial assignment to a military installa-
tion or relocation from a military installation to a different 
military installation requires the preparation of an environ-
mental impact statement in accordance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(2) The term ‘‘major headquarters’’ means the headquarters 
of a unit of the Armed Forces or command that is the appro-
priate command of a general officer or flag officer.
H. R. 6395—985 
SEC. 2884. DEPARTMENT OF DEFENSE POLICY FOR REGULATION IN 
MILITARY COMMUNITIES OF DANGEROUS DOGS KEPT AS 
PETS. 
(a) POLICY REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall establish 
a uniform policy for the regulation of dangerous dogs kept as 
pets in military communities. 
(b) CONSULTATION.—The policy required by subsection (a) shall 
be developed in consultation with professional veterinary and 
animal behavior experts in regard to effective regulation of dan-
gerous dogs kept as pets. 
(c) REGULATIONS.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
prescribe regulations implementing the policy established under 
subsection (a). 
(2) BEST
PRACTICES.—The regulations prescribed under 
paragraph (1) shall include strategies, for implementation 
within all military communities, for the prevention of dog bites 
that are consistent with the following best practices: 
(A) Enforcement of regulations relating to dangerous 
dogs kept as pets, with emphasis on identification of dan-
gerous dog behavior and chronically irresponsible pet 
owners. 
(B) Enforcement of animal control regulations, such 
as leash laws and stray animal control policies. 
(C) Promotion and communication of resources for pet 
spaying and neutering. 
(D) Investment in community education initiatives, 
such as teaching criteria for pet selection, pet care best 
practices, owner responsibilities, and safe and appropriate 
interaction with dogs. 
(d) EXCLUSIONS.—This section does not apply with respect to 
military working dogs and any dog certified as a service animal. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘dangerous dog’’ means a dog that— 
(A) has attacked a person or another animal without 
justification, causing injury or death to the person or 
animal; or 
(B) exhibits behavior that reasonably suggests the 
likely risk of such an attack. 
(2) The term ‘‘military communities’’ means— 
(A) all military installations; and 
(B) all military housing, including privatized military 
housing under subchapter IV of chapter 169 of title 10, 
United States Code. 
TITLE XXIX—OVERSEAS CONTINGENCY 
OPERATIONS MILITARY CONSTRUC-
TION 
Sec. 2901. Authorized Navy construction and land acquisition projects. 
Sec. 2902. Authorized Air Force construction and land acquisition projects. 
Sec. 2903. Authorization of appropriations.
H. R. 6395—986 
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of the Navy may acquire real property and 
carry out the military construction project for the installation out-
side the United States, and in the amount, set forth in the following 
table: 
Navy: Outside the United States 
Country 
Installation 
Amount 
Spain ........................................
Rota ............................................
$59,230,000 
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
The Secretary of the Air Force may acquire real property and 
carry out the military construction projects for the installations 
outside the United States, and in the amounts, set forth in the 
following table: 
Air Force: Outside the United States 
Country 
Installation 
Amount 
Germany ...................................
Ramstein ....................................
$36,345,000 
Spangdahlem Air Base .............
$25,824,000 
Romania ...................................
Campia Turzii ...........................
$130,500,000 
SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2020, for the military construction 
projects outside the United States authorized by this title as speci-
fied in the funding table in section 4602. 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs and Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Nuclear energy. 
Subtitle B—Nuclear Weapons Stockpile Matters 
Sec. 3111. W93 nuclear warhead acquisition process. 
Sec. 3112. Earned value management and technology readiness levels for life exten-
sion programs. 
Sec. 3113. Monitoring of industrial base for nuclear weapons components, sub-
systems, and materials. 
Sec. 3114. Plutonium pit production. 
Subtitle C—Defense Environmental Cleanup Matters 
Sec. 3121. Public statement of environmental liabilities for facilities undergoing de-
fense environmental cleanup.
H. R. 6395—987 
Sec. 3122. Inclusion of missed milestones in future-years defense environmental 
cleanup plan. 
Sec. 3123. Classification of defense environmental cleanup as capital asset projects 
or operations activities. 
Sec. 3124. Extension of limitation relating to reclassification of high-level waste. 
Sec. 3125. Continued analysis of approaches for supplemental treatment of low-ac-
tivity waste at Hanford Nuclear Reservation. 
Subtitle D—Safeguards and Security Matters 
Sec. 3131. Reporting on penetrations of networks of contractors and subcontractors. 
Subtitle E—Personnel Matters 
Sec. 3141. Extension of authority for appointment of certain scientific, engineering, 
and technical personnel. 
Sec. 3142. Inclusion of certain employees and contractors of Department of Energy 
in definition of public safety officer for purposes of certain death bene-
fits. 
Sec. 3143. Reimbursement for liability insurance for nuclear materials couriers. 
Sec. 3144. Transportation and moving expenses for immediate family of deceased 
nuclear materials couriers. 
Sec. 3145. Permanent extension of Office of Ombudsman for Energy Employees Oc-
cupational Illness Compensation Program. 
Sec. 3146. Reports on diversity of certain contractor employees of National Nuclear 
Security Administration. 
Sec. 3147. Sense of Congress regarding compensation of individuals relating to ura-
nium mining and nuclear testing. 
Subtitle F—Budget and Financial Management Matters 
Sec. 3151. Reports on financial balances for atomic energy defense activities. 
Subtitle G—Administrative Matters 
Sec. 3161. Modifications to enhanced procurement authority to manage supply 
chain risk. 
Sec. 3162. Extension of pilot program on unavailability for overhead costs of 
amounts specified for laboratory-directed research and development. 
Subtitle H—Other Matters 
Sec. 3171. Independent study on potential environmental effects of nuclear war. 
Sec. 3172. Review of future of computing beyond exascale at the National Nuclear 
Security Administration. 
Sec. 3173. Sense of Congress on the Agreement Suspending the Antidumping In-
vestigation on Uranium from the Russian Federation. 
Subtitle A—National Security Programs 
and Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2021 for the activities of the National Nuclear Security 
Administration in carrying out programs as specified in the funding 
table in section 4701. 
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds 
referred to in subsection (a) that are available for carrying out 
plant projects, the Secretary of Energy may carry out new plant 
projects for the National Nuclear Security Administration as follows: 
Project 21–D–510, HE Synthesis, Formulation, and Produc-
tion, Pantex Plant, Amarillo, Texas, $31,000,000. 
Project 21–D–511, Savannah River Plutonium Processing 
Facility, 
Savannah 
River 
Site, 
Aiken, 
South 
Carolina, 
$241,900,000. 
Project 21–D–512, Plutonium Pit Production Project, Los 
Alamos National Laboratory, Los Alamos, New Mexico, 
$226,000,000.
H. R. 6395—988 
Project 21–D–530, KL Steam and Condensate Upgrades, 
Knolls Atomic Power Laboratory, Schenectady, New York, 
$4,000,000. 
General Plant Project, U1a.03 Test Bed Facility Improve-
ments, Nevada National Security Site, Nevada, $16,000,000. 
General Plant Project, TA–15 DARHT Hydro Vessel Repair 
Facility, Los Alamos National Laboratory, New Mexico, 
$16,500,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2021 for defense environmental cleanup activities in 
carrying out programs as specified in the funding table in section 
4701. 
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds 
referred to in subsection (a) that are available for carrying out 
plant projects, the Secretary of Energy may carry out, for defense 
environmental cleanup activities, the following new plant project: 
Project 21–D–401, Hoisting Capability Project, Waste Isolation 
Pilot Plant, Carlsbad, New Mexico, $10,000,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2021 for other defense activities 
in carrying out programs as specified in the funding table in section 
4701. 
SEC. 3104. NUCLEAR ENERGY. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2021 for nuclear energy as specified 
in the funding table in section 4701. 
Subtitle B—Nuclear Weapons Stockpile 
Matters 
SEC. 3111. W93 NUCLEAR WARHEAD ACQUISITION PROCESS. 
(a) REQUIREMENTS.— 
(1) IN GENERAL.—Subtitle A of title XLII of the Atomic 
Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 4223. W93 NUCLEAR WARHEAD ACQUISITION PROCESS. 
‘‘(a) REPORTING REQUIREMENTS.— 
‘‘(1) PHASE 1.—Upon receiving a concept definition study 
under phase 1 of the joint nuclear weapons life cycle for the 
W93 nuclear weapon, the Nuclear Weapons Council shall 
submit to the congressional defense committees a report that 
includes the following: 
‘‘(A) A description of the potential military characteris-
tics of the weapon. 
‘‘(B) A description of the stockpile-to-target sequence 
requirements of the weapon. 
‘‘(C) An initial assessment of the requirements a W93 
nuclear weapon program is likely to generate for the 
nuclear security enterprise, including—
H. R. 6395—989 
‘‘(i) adjustments to the size and composition of 
the workforce; 
‘‘(ii) additions to existing weapon design and 
production capabilities; or 
‘‘(iii) additional facility recapitalization or new 
construction. 
‘‘(D) A preliminary description of other significant 
requirements for a W93 nuclear weapon program, 
including— 
‘‘(i) first production unit date; 
‘‘(ii) initial operational capability date; 
‘‘(iii) full operational capability date; and 
‘‘(iv) any unique safety and surety requirements 
that could increase design complexity or cost estimate 
uncertainty. 
‘‘(2) PHASE 2.— 
‘‘(A) IN GENERAL.—Not later than 15 days after the 
date on which the Nuclear Weapons Council approves 
phase 2 of the joint nuclear weapons life cycle for the 
W93 nuclear weapon, the Administrator shall submit to 
the congressional defense committees a plan to implement 
a process of independent peer review or review by a board 
of experts, or both, with respect to— 
‘‘(i) the nonnuclear components of the weapon; 
‘‘(ii) subsystem design; and 
‘‘(iii) engineering aspects of the weapon. 
‘‘(B) REQUIREMENTS FOR PROCESS.—The Administrator 
shall ensure that the process required by subparagraph 
(A)— 
‘‘(i) uses— 
‘‘(I) all relevant capabilities of the Federal 
Government, the defense industrial base, and 
institutions of higher education; and 
‘‘(II) other capabilities that the Administrator 
determines necessary; and 
‘‘(ii) informs the entire development life cycle of 
the W93 nuclear weapon. 
‘‘(b) CERTIFICATIONS AND REPORTS AT PHASE 3.—Not later than 
15 days after the date on which the Nuclear Weapons Council 
approves phase 3 of the joint nuclear weapons life cycle for the 
W93 nuclear weapon— 
‘‘(1) the Administrator shall certify to the congressional 
defense committees that— 
‘‘(A) phases 1 through 5 of the joint nuclear weapons 
life cycle for the weapon will employ, at a minimum, the 
same best practices and will provide Congress with the 
same level of programmatic insight as exists under the 
phase 6.X process for life extension programs; and 
‘‘(B) the proposed design for the weapon can be carried 
out within estimated schedule and cost objectives; and 
‘‘(2) the Commander of the United States Strategic Com-
mand shall submit to the congressional defense committees 
a report containing the requirements for weapon quantity and 
composition by type for the sub-surface ballistic nuclear (SSBN) 
force, including such requirements planned for the 15-year 
period following the date of the report, including any planned 
life extensions, retirements, or alterations.
H. R. 6395—990 
‘‘(c) WAIVERS.—Subsections (a) and (b) may be waived during 
a period of war declared by Congress after the date of the enactment 
of the William M. (Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021. 
‘‘(d) JOINT NUCLEAR WEAPONS LIFE CYCLE DEFINED.—In this 
section, the term ‘joint nuclear weapons life cycle’ has the meaning 
given that term in section 4220.’’. 
(2) CLERICAL AMENDMENT.—The table of contents for the 
Atomic Energy Defense Act is amended by inserting after the 
item relating to section 4222 the following new item: 
‘‘Sec. 4223. W93 nuclear warhead acquisition process.’’. 
(b) SELECTED ACQUISITION REPORTS AND INDEPENDENT COST 
ESTIMATES.—Section 4217(b) of such Act (50 U.S.C. 2537(b)) is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)— 
(i) in clause (i), by striking ‘‘phase 6.2A’’ and 
inserting ‘‘phase 6.2A or new weapon system at the 
completion of phase 2A’’; 
(ii) in clause (ii), by striking ‘‘phase 6.3’’ and 
inserting ‘‘phase 6.3 or new weapon system at the 
completion of phase 3’’; 
(iii) by redesignating clauses (iv) and (v) as clauses 
(v) and (vi), respectively; and 
(iv) by inserting after clause (iii) the following 
new clause (iv): 
‘‘(iv) Each new weapon system at the completion of 
phase 4, relating to production engineering, and before 
the initiation of phase 5, relating to first production.’’; 
and 
(B) in subparagraph (B), by striking ‘‘phase 6.2’’ and 
inserting ‘‘phase 6.2 or new weapon system at the comple-
tion of phase 2’’; and 
(2) in paragraph (4)(B), by striking ‘‘subparagraph (A)(iv)’’ 
and inserting ‘‘subparagraph (A)(v)’’. 
SEC. 3112. EARNED VALUE MANAGEMENT AND TECHNOLOGY READI-
NESS LEVELS FOR LIFE EXTENSION PROGRAMS. 
(a) IN GENERAL.—Subtitle A of title XLII of the Atomic Energy 
Defense Act (50 U.S.C. 2521 et seq.), as amended by section 
3111(a)(1), is further amended by adding at the end the following 
new section: 
‘‘SEC. 4224. EARNED VALUE MANAGEMENT AND TECHNOLOGY READI-
NESS LEVELS FOR LIFE EXTENSION PROGRAMS. 
‘‘(a) REVIEW OF CONTRACTOR EARNED VALUE MANAGEMENT SYS-
TEMS.—The Administrator shall enter into an arrangement with 
an independent entity under which that entity shall— 
‘‘(1) review and validate whether the earned value manage-
ment systems of contractors of the Administration for life exten-
sion programs meet the earned value management national 
standard; and 
‘‘(2) conduct periodic surveillance reviews of such systems 
to ensure that such systems maintain compliance with that 
standard through program completion. 
‘‘(b) BENCHMARKS FOR TECHNOLOGY READINESS LEVELS.—The 
Administrator shall—
H. R. 6395—991 
‘‘(1) establish specific benchmarks for technology readiness 
levels of critical technologies for life extension programs at 
key decision points; and 
‘‘(2) ensure that critical technologies meet such benchmarks 
at such decision points. 
‘‘(c) APPLICABILITY.—This section shall apply to programs that, 
as of the date of the enactment of this section, have not entered 
phase 3 of the nuclear weapons acquisition process or phase 6.3 
of a nuclear weapons life extension program. 
‘‘(d) DEFINITION.—In this section, the term ‘earned value 
management national standard’ means the most recent version 
of the EIA-748 Earned Value Management System Standard pub-
lished by the National Defense Industrial Association.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for the 
Atomic Energy Defense Act is amended by inserting after the item 
relating to section 4223, as added by section 3111(a)(2), the following 
new item: 
‘‘Sec. 4224. Earned value management and technology readiness levels for life ex-
tension programs.’’. 
SEC. 
3113. 
MONITORING 
OF 
INDUSTRIAL 
BASE 
FOR 
NUCLEAR 
WEAPONS COMPONENTS, SUBSYSTEMS, AND MATERIALS. 
(a) DESIGNATION OF OFFICIAL.—Not later than March 1, 2021, 
the Administrator for Nuclear Security shall designate a senior 
official within the National Nuclear Security Administration to 
be responsible for monitoring the industrial base that supports 
the nuclear weapons components, subsystems, and materials of 
the Administration, including— 
(1) the consistent monitoring of the current status of the 
industrial base; 
(2) tracking of industrial base issues over time; and 
(3) proactively identifying gaps or risks in specific areas 
relating to the industrial base. 
(b) PROVISION OF RESOURCES.—The Administrator shall ensure 
that the official designated under subsection (a) is provided with 
resources sufficient to conduct the monitoring required by that 
subsection. 
(c) CONSULTATIONS.—The Administrator, acting through the 
official designated under subsection (a), shall, to the extent prac-
ticable and beneficial, in conducting the monitoring required by 
that subsection, consult with— 
(1) officials of the Department of Defense who are members 
of the Nuclear Weapons Council established under section 179 
of title 10, United States Code; 
(2) officials of the Department of Defense responsible for 
the defense industrial base; and 
(3) other components of the Department of Energy that 
rely on similar components, subsystems, or materials. 
(d) BRIEFINGS.— 
(1) INITIAL BRIEFING.—Not later than April 1, 2021, the 
Administrator shall provide to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a briefing 
on the designation of the official required by subsection (a), 
including on— 
(A) the responsibilities assigned to that official; and
H. R. 6395—992 
(B) the plan for providing that official with resources 
sufficient to conduct the monitoring required by subsection 
(a). 
(2) SUBSEQUENT BRIEFINGS.—Not later than April 1, 2022, 
and annually thereafter through 2024, the Administrator shall 
provide to the Committees on Armed Services of the Senate 
and the House of Representatives a briefing on activities carried 
out under this section that includes an assessment of the 
progress made by the official designated under subsection (a) 
in conducting the monitoring required by that subsection. 
SEC. 3114. PLUTONIUM PIT PRODUCTION. 
(a) INDEPENDENT COST ESTIMATE.— 
(1) REQUIREMENT.—The Secretary of Energy shall obtain 
an independent cost estimate for each covered project in accord-
ance with Department of Energy Order 413.3B (relating to 
program management and project management for the acquisi-
tion of capital assets), as in effect on the day before the date 
of the enactment of this Act. 
(2) CONFIDENCE
LEVEL.—An independent cost estimate 
under paragraph (1) with respect to a covered project shall 
assign a confidence level, expressed as a percentage, with 
respect to whether the Secretary will be able to carry out 
the covered project within the estimated schedule and cost 
objectives of the Department of Energy consistent with the 
document of the Government Accountability Office entitled 
‘‘Cost Estimating and Assessment Guide’’ (GAO–09–3SP) and 
dated March 2009. 
(3) SUBMISSION.—Not later than 30 days after obtaining 
an independent cost estimate under paragraph (1) with respect 
to a covered project, the Secretary shall submit to the congres-
sional defense committees the estimate, including the con-
fidence level assigned under paragraph (2). 
(b) CONDITIONAL REPORTS AND CERTIFICATIONS.— 
(1) LOW CONFIDENCE.—If an independent cost estimate for 
a covered project under subsection (a) assigns a high-end cost 
for the project that is 15 percent or more higher than the 
high-end project cost position approved by the Department of 
Energy for the project at critical decision 1 in the acquisition 
process— 
(A) not later than 90 days after approval of critical 
decision 1, the Secretary shall submit to the congressional 
defense committees the report described in paragraph (2) 
with respect to the covered project; and 
(B) not later than 90 days after the date on which 
the Secretary submits the independent cost estimate to 
the congressional defense committees under subsection 
(a)(3), the Commander of the United States Strategic Com-
mand shall certify to those committees that— 
(i) the requirement to produce war reserve pluto-
nium pits under section 4219 of the Atomic Energy 
Defense Act (50 U.S.C. 2538a) cannot be altered or 
extended by not more than five years without— 
(I) degrading the capabilities of the Command 
to accomplish its assigned nuclear deterrence mis-
sions; or
H. R. 6395—993 
(II) reducing the confidence of the Commander 
in the military effectiveness of the nuclear weapons 
stockpile, taking into account all mitigation strate-
gies available to the Commander; or 
(ii) that requirement can be altered or extended 
as described in clause (i) without degrading the 
capabilities described in subclause (I) of that clause 
or reducing the confidence described in subclause (II) 
of that clause. 
(2) REPORT DESCRIBED.— 
(A) IN GENERAL.—The report described in this para-
graph with respect to a covered project is a report by 
the Secretary that includes— 
(i)(I) a certification by the Secretary that, notwith-
standing the costs and confidence level set forth in 
the independent cost estimate under subsection (a), 
the Secretary will able to carry out the covered project 
within the estimated schedule and cost objectives of 
the Department of Energy; and 
(II) a detailed explanation of why the Secretary 
disagrees with the independent cost estimate; or 
(ii) if the Secretary cannot make the certification 
under clause (i)(I), a plan by the Secretary— 
(I) to achieve costs and a confidence level con-
sistent with the costs and confidence level set forth 
in the independent cost estimate, including with 
respect to changing the costs, schedule, and scope 
of the covered project; and 
(II) that includes a description, provided by 
the Administrator for Nuclear Security, of mitiga-
tion options for minimizing any degradation in 
the military effectiveness of the nuclear weapons 
stockpile until the Secretary achieves costs and 
a confidence level consistent with the costs and 
confidence level set forth in the independent cost 
estimate. 
(B) PROHIBITION ON DELEGATION.—The Secretary may 
not delegate the responsibility for making a certification 
under subparagraph (A)(i)(I). 
(c) COVERED PROJECT DEFINED.—In this section, the term ‘‘cov-
ered project’’ means— 
(1) the Savannah River Plutonium Processing Facility, 
Savannah River Site, Aiken, South Carolina (Project 21–D– 
511); or 
(2) the Plutonium Pit Production Project, Los Alamos 
National Laboratory, Los Alamos, New Mexico (Project 21– 
D–512).
H. R. 6395—994 
Subtitle C—Defense Environmental 
Cleanup Matters 
SEC. 3121. PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES FOR 
FACILITIES UNDERGOING DEFENSE ENVIRONMENTAL 
CLEANUP. 
(a) IN GENERAL.—Subtitle A of title XLIV of the Atomic Energy 
Defense Act (50 U.S.C. 2581 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 4410. PUBLIC STATEMENT OF ENVIRONMENTAL LIABILITIES. 
‘‘Each year, at the same time that the Department of Energy 
submits its annual financial report under section 3516 of title 
31, United States Code, the Secretary of Energy shall make avail-
able to the public a statement of environmental liabilities, as cal-
culated for the most recent audited financial statement of the 
Department under section 3515 of that title, for each defense 
nuclear facility at which defense environmental cleanup activities 
are occurring.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for the 
Atomic Energy Defense Act is amended by inserting after the item 
relating to section 4409 the following new item: 
‘‘Sec. 4410. Public statement of environmental liabilities.’’. 
SEC. 3122. INCLUSION OF MISSED MILESTONES IN FUTURE-YEARS 
DEFENSE ENVIRONMENTAL CLEANUP PLAN. 
Section 4402A(b)(3) of the Atomic Energy Defense Act (50 
U.S.C. 2582A(b)(3)) is amended by adding at the end the following 
new subparagraph: 
‘‘(D) For any milestone that has been missed, renegoti-
ated, or postponed, a statement of the current milestone, 
the original milestone, and any interim milestones.’’. 
SEC. 3123. CLASSIFICATION OF DEFENSE ENVIRONMENTAL CLEANUP 
AS CAPITAL ASSET PROJECTS OR OPERATIONS ACTIVI-
TIES. 
(a) IN
GENERAL.—The Assistant Secretary of Energy for 
Environmental Management, in consultation with other appropriate 
officials of the Department of Energy, shall establish requirements 
for the classification of defense environmental cleanup projects as 
capital asset projects or operations activities. 
(b) REPORT REQUIRED.—Not later than March 1, 2021, the 
Assistant Secretary shall submit to the congressional defense 
committees a report— 
(1) setting forth the requirements established under sub-
section (a); and 
(2) assessing whether any ongoing defense environmental 
cleanup projects should be reclassified based on those require-
ments. 
SEC. 3124. EXTENSION OF LIMITATION RELATING TO RECLASSIFICA-
TION OF HIGH-LEVEL WASTE. 
Section 3121 of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1953) is amended 
by striking ‘‘fiscal year 2020’’ and inserting ‘‘fiscal year 2020 or 
fiscal year 2021’’.