Federal · Title 10 — Armed Forces
10 U.S.C. § 2802: Military construction projects
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The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects, land acquisitions, and defense access road projects (as described under section 210 of title 23 ) as are authorized by law. surveys and site preparation; acquisition, conversion, rehabilitation, and installation of facilities; acquisition and installation of equipment and appurtenances integral to the project; acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project; planning, supervision, administration, and overhead incident to the project; and personnel and personal services contracts required to carry out paragraphs (1) through (5). In determining the scope of a proposed military construction project, the Secretary concerned shall submit to the President such recommendations as the Secretary considers to be appropriate regarding the incorporation and inclusion of life-cycle cost-effective practices as an element in the project documents submitted to Congress in connection with the budget submitted pursuant to section 1105 of title 31 for the fiscal year in which a contract is proposed to be awarded for the project. Repealed. Pub. L. 114–328, div. B, title XXVIII, § 2811(b) , Dec. 23, 2016 , 130 Stat. 2716 .] comply with the congressional notification requirement contained in the provision of law under which the construction project, land acquisition, or defense access road project will be carried out and submit to the congressional defense committees any materials required to be submitted to Congress or any other congressional committees pursuant to the congressional notification requirement; or in the absence of such a congressional notification requirement, submit to the congressional defense committees, in an electronic medium pursuant to section 480 of this title , a report describing the construction project, land acquisition, or defense access road project at least 15 days before commencing the construction project, land acquisition, or defense access road project. is not specifically authorized in a Military Construction Authorization Act; will be carried out by a military department, Defense Agency, or Department of Defense Field Activity; and will be located on a military installation. This subsection does not apply to a construction project, land acquisition, or defense access road project described in paragraph (2) whose cost is less than or equal to the threshold amount specified in section 2805(b) of this title . to determine the nature and extent of such impact; to determine whether such impact can be avoided or mitigated in the design and implementation of the project; and if such impact cannot be avoided, to develop feasible measures consistent with applicable law to mitigate the impact and estimate the cost of the mitigation measures. As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by paragraph (1), the Secretary concerned, to the extent possible at the time of such submission, shall include a description of the current status of the consultation conducted under such paragraph and specifically address each of the items specified in subparagraphs (A), (B), and (C) of such paragraph. The requirement under paragraph (1) does not affect the obligation of the Secretary concerned to comply with any other applicable consultation requirement pursuant to law or Department of Defense policy. The term “Indian tribe” has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term “tribal government” means the recognized governing body of an Indian tribe. The term “sacred site” has the meaning given that term in Executive Order No. 13007, as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020. a list of locations included in the multiyear contract; the total number of facilities included such [sic] contract; and the total anticipated cost of the such [sic] contract; has determined the use of such contract will result in significant savings of the total anticipated cost for carrying out projects under the contract as compared to other contract types; has determined that the minimum need for such projects is expected to remain substantially unchanged during the proposed contract period; and has a reasonable expectation that throughout the proposed contract period funding for the contract will be available. A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after the fiscal year in which the contract is awarded is subject to the availability of appropriations or funds for that purpose for such later fiscal year. A Secretary of a military department may enter into one or more contracts for an advance procurement associated with a military construction project for which authorization to enter into a multiyear contract is provided under subsection (a), which may include procurement of economic order quantities of materials or components for such a project when cost savings are achievable. submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a certification that such contract will result in cost savings of at least ten percent compared to a similar one-year contract; and not award such contract until the end of the 14-day period beginning on the date of submission of the certification described in subparagraph (A). are included in the future-years defense program submitted under section 221 of title 10 , United States Code; and use standardized and repeatable designs.” coordinating Department of Defense-wide efforts with respect to the management of defense sites within the Joint Region Marianas area of responsibility; ensuring the continuity of such efforts at such defense sites, including necessary infrastructure investments; and ensuring clear and consistent communication to such Federal, State, and local officials with respect to the needs and priorities of the Department of Defense for such defense sites. relevant legal and technical aspects related to land use or real estate issues; and working with officials at all levels of government. Not later than 30 days after the date on which the Commander of Joint Region Marianas designates an individual pursuant to subsection (a), the Commander shall submit to the Committees on Armed Services of the House of Representatives and the Senate and appropriate officials of the defense sites within the Joint Region Marianas area of responsibility a notification that includes the name and contact information of such individual. In this section, the term ‘defense site’ has the meaning given such term in section 2710 of title 10 , United States Code.” Not later than 90 days after the date of the enactment of this Act [ Dec. 18, 2025 ], the Secretary of Defense, acting through each Secretary of a military department, shall carry out a pilot program relating to the use of advanced manufacturing construction technologies for military construction projects (including unspecified minor military construction projects authorized under section 2805 of title 10 , United States Code) on military installations selected under subsection (d). The Secretary of Defense shall designate an individual to administer the pilot program established under this section. Such individual shall establish guidelines and procedures with respect to carrying out military construction projects using advanced manufacturing construction technologies under the pilot program. assess the cost, schedule, and quality advantages of advanced manufacturing construction technologies for military construction projects; identify and validate technical standards, design templates, and contracting methods for use under the pilot program; establish a Department-wide framework for lessons learned, data sharing, and future adoption of advanced manufacturing construction technologies for military construction projects; and create a centralized catalog of advanced manufacturing construction technologies that are compliant with the requirements of the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) and suitable for use across military installations. select one or more military installations at which to carry out the pilot program established under this section; and minimize any disruption to the operations of any selected installation due to participation in the pilot program. a summary of any barriers to such implementation, including any statutory or resource limitations; a summary of the recommendations to address any such barrier; and any other recommendation of the Secretary for improving the pilot program. Not later than 180 days after the termination date in subsection (f), the Secretary shall submit to the congressional defense committees a report on the results of the pilot program. The authority to carry out the pilot program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act [ Dec. 18, 2025 ]. The term ‘advanced manufacturing’ has the meaning given in section 4841 of title 10 , United States Code. The term ‘military installation’ has the meaning given in section 2801 of title 10 , United States Code.” In determining the requirements for a proposed military construction project with protective design elements, the Secretary of Defense shall consider the use of modular construction methods along with other construction methods to determine the most effective method for such military construction project to meet mission needs. A summary of current Department of Defense policy and guidance governing the use of modular construction for military construction projects, including modular construction methodologies with protective design elements. compares modular construction methods to other construction methods for military construction projects; and describes the effect of modular construction methods on construction timelines and life-cycle costs. An identification of potential use cases for modular construction methods and any limitations or constraints on the use of such methods. The term ‘modular construction’ means a construction process in which components of a military construction project are prefabricated off-site under controlled conditions and then transported to the site of such project for assembly. The term ‘protective design elements’ means, with respect to a military construction project, that such project requires use of materials that have been blast hardened or ballistic hardened.” conduct a study to assess the feasability [sic] and effectiveness of the implementation of a more comprehensive initiative to optimize the total square footage of facilities maintained by the Department of Defense; and optimize and consolidate facilities, including leased facilities, to ensure the scale and scope of the infrastructure footprint of such facilities aligns with the operational needs of the Department; and create more resilient and healthy communities located on military installations. the facilities subject to such a military construction project are occupied as of the date of the commencement of such military construction project; except as provided in paragraph (2), such facilities are demolished pursuant to such military construction project; in the case of a facility subject to such a military construction project that is leased by the Department, the Secretary terminates the lease for such facility, expect as provided in paragraph (2); and the military construction project will result in new facilities that have at least 20 percent less square footage (or equivalent unit of measure) than the facilities subject to such military construction project; the Secretary conducts an economic analysis of the military construction project that accounts for anticipated cost requirements for the design, construction, sustainment, restoration, modernization, operation, and demolition of new and existing facilities subject to such military construction project; and the results of such economic analysis support a positive net present value over a 20-year period. The requirements of subparagraphs (B) and (C) of paragraph (1) shall not apply to a facility that is subject to a military construction project under the pilot program if the Secretary determines that such facility will be an integral part of new facilities constructed pursuant to such military construction project. A military construction project carried out under such pilot program may not exceed a total cost of $25,000,000. Not more than five military construction projects may be carried out under the pilot program. Not later than 14 days before awarding a contract for a military construction project under such pilot program, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] notice of such military construction project. the justification and current cost estimate; the expected savings-to-investment ratio; simple payback estimates; the measurement and verification cost estimate; and a description of how the project would improve the functions of the supported military department and the efficient management of real property of the Department of Defense. Not later than 18 months after the date of the enactment of this section [ Dec. 23, 2024 ], the Secretary shall submit to the congressional defense committees a report on completed military construction projects carried out pursuant to the pilot program. The title and location of the military construction project, a brief description of the scope of work, the original project cost estimate, and the completed total project cost. The original expected savings-to-investment ratio, simple payback estimates included in the notice required under subsection (c), annual recurring savings, 20-year net present value, annual return on investment, and measurement and verification cost estimate. The actual savings-to-investment ratio, and simple payback estimates, annual recurring savings, 20-year net present value, annual return on investment, and measurement and verification cost estimate. A brief description of the measurement and verification plan and planned funding source, to include the net change in the square footage (or other unit of measure) reduction accomplished by the military construction project. How the military construction project improved the functions of and the efficient management of real property by the supported military department or entity using the applicable facility. Such other information as the Secretary considers appropriate. Except as provided in paragraph (2), the authority of the Secretary to carry out a military construction project under the pilot program shall terminate on the date that is three years after the date of the enactment of this section. If the Secretary submits a congressional notification under subsection (d) before the date that is three years after the date of the enactment of this section, the covered project that is the subject of such notification may be carried out to completion. In this section, the terms ‘facility’ and ‘military construction project’ have the meanings given such terms, respectively, in section 2801 of title 10 , United States Code.” Not later than 90 days after the date of the enactment of this Act [ Dec. 23, 2024 ], the Secretary of Defense shall issue guidance regarding the maintenance of the aggregate square footage of facilities of the Department of Defense, which shall be designated as ‘1 in 1 out guidance’, pursuant to the requirements of this section. a funded disposal action; or identifying facilities to be entered into a contingency operational status. Upon completion of the design phase of a project that results in the growth of a facility, the Secretary of Defense shall update the Department of Defense Form 1391 for such project to identify the reduction in square footage to accompany such increase. a list of facilities scheduled for a disposal action described in subsection (b) for the fiscal year covered by the submission and the subsequent fiscal year; and a list of facilities, disaggregated by military installation, for which a disposal action has been completed during the fiscal year preceding the date of the submission. military construction or unspecified minor military construction (as defined under section 2805 of title 10 , United States Code) funded in fiscal year 2027 or a subsequent fiscal year; and other sources of growth on or after the date of the enactment of this Act [ Dec. 23, 2024 ]. The Sentinel intercontinental ballistic missile weapon system program. Public shipyards covered by the Shipyard Infrastructure Optimization Program. MHPI housing (as defined under section 606 of the National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2871 note). The construction project for the headquarters facilities for the United States Space Command. carrying out a military construction project or an unspecified minor military construction project (pursuant to section 2805 of title 10 , United States Code); acquisition of an existing facility on land owned by a military department; a gift of construction; construction of a facility carried out through the use of nonappropriated funds, private funds, or family housing funds, if the facility will be sustained with appropriated operation and maintenance funds; or the use of appropriated funds to sustain a facility that was previously sustained with nonappropriated funds, private funds, or family housing funds.” Any Member representing the State in which such contract will be performed. Any Member representing the State in which the contractor awarded such contract is a constituent of such Member. The proposed value of the contract. The contractor awarded the contract. A brief description of the project that is the subject of the contract, including the location in which the contract will be performed.” One official shall be responsible for coordination of infrastructure projects to support additional members of the Armed Forces and their families in Hawaii. One official shall be responsible for coordination of infrastructure projects to support additional members of the Armed Forces and their families in Guam and the Northern Mariana Islands. coordinate Department of Defense-wide efforts relating to the infrastructure needs associated with the significant addition of members of the Armed Forces and their families to the region for which such official is the designated official pursuant to subsection (a) during the 10-year period following the date of the enactment of this Act; military infrastructure projects in the designated region of such official; and the significant addition of members of the Armed Forces and their families as described in paragraph (1); and ensure clear and consistent communication to State and local elected officials and the public in the designated region of such official regarding the infrastructure needs and priorities of the Department of Defense, including conveying any finding or conclusion regarding the expected impact described in paragraph (2)(B). the legal and technical aspects of city planning, State and local government services, and military infrastructure; and liaising with State and local elected officials and the public. For the designation under paragraph (2) of subsection (a), the Secretary of Defense shall appoint the Under Secretary of the Navy. For the designations under paragraph (1) and paragraph (2) of subsection (a), the Secretary of Defense shall, not later than 30 days after the date of the designation, submit to the congressional defense committees and the Governor of Hawaii or the Governors of Guam and the Northern Mariana Islands, respectively, a notification that includes the name and contact information of the individual so designated.” As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a covered military construction project, each covered official shall, to the extent practicable, include information on whether all relevant construction materials and methods of construction included in the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) were considered in the design of such covered military construction project. The terms ‘appropriate committees of Congress’ and ‘military construction project’ have the meanings given in section 2801 of title 10 , United States Code. The term ‘covered military construction project’ means a military construction project with an estimated total cost in excess of $9,000,000. the Secretary of Defense; and each Secretary of a military department.” include a requirement to incorporate the impact of military installation resilience in all installation master plans; include a list of all sources of information approved by the Department of Defense; define the 17 identified military installation resilience hazards to ensure that the impacts from such hazards are reported consistently across the Department; require each commander of a military installation to address the rationale for determining that any such hazard is not applicable to the military installation concerned; standardize reporting formats for military installation resilience plans; establish and define standardized risk rating categories for the use by each Secretary of a military department; and define criteria for determining the level of risk to a military installation to compare hazards between military departments; and require each Secretary of a military department to update the handbook for the military department concerned to incorporate the requirements under paragraph (1).” promoting on-installation energy security and energy resilience; providing grid support to avoid energy disruptions; and facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10 , United States Code.” Not later than one year after the date of the enactment of this Act [ Dec. 23, 2022 ], the Under Secretary of Defense for Acquisition and Sustainment shall modify the Unified Facilities Guide Specifications to include a distinct specification for medium voltage gas insulated switchgear. modify the Unified Facilities Criteria to include criteria for microgrids; and modify the Unified Facilities Guide Specifications to include specifications for microgrids and microgrid controllers.” determine whether implementation of the Executive order would cause a cost or scope of work variation for a military construction project under the jurisdiction of the Secretary concerned; assess the potential for life-cycle cost savings associated with implementation of the Executive order for such a project; and projects to be commenced in the next fiscal year beginning after the date on which the Executive order was signed; and projects covered by the future-years defense program submitted under section 221 of title 10 , United States Code. Not later than 10 days after determining under subsection (a)(1) that implementation of an Executive order would cause a cost or scope of work variation for a military construction project, the Secretary concerned shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report indicating the estimated cost increases, scope of work increases, life-cycle costs, and any other impacts of such implementation. Along with the submission to Congress of the budget of the President for a fiscal year under section 1105(a) of title 31 , United States Code, each Secretary concerned shall certify to Congress that each Department of Defense Form 1391 provided to Congress for that fiscal year for a military construction project has been updated with any cost or scope of work variation specified in subsection (a)(1) with respect to an Executive order signed during the four-year period preceding such certification, including an indication of any cost increases for such project that is directly attributable to such Executive order. In this section, the term ‘Secretary concerned’ has the meaning given that term in section 101 of title 10 , United States Code.” the provision of electric vehicle charging capability at the facility adequate to provide electrical charging, concurrently, for not less than 15 percent of all covered motor vehicles planned to be parked at the facility; the inclusion of the cost of constructing such capability in the overall cost of the project; and an analysis of whether a parking structure or lot will be the primary charging area for covered motor vehicles or if another area, such as public works or the motor pool, will be the primary charging area. The term ‘covered motor vehicle’ means a Federal Government motor vehicle, including a motor vehicle leased by the Federal Government. the Secretary of a military department with respect to facilities under the jurisdiction of that Secretary; and the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States.” The Secretary of Defense shall amend UFC 1–4.2 (Nursing and Lactation Rooms) of the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that military construction planning and design for buildings likely to be regularly frequented by nursing mothers who are members of the uniformed services, civilian employees of the Department of Defense, contractor personnel, or visitors include a private nursing and lactation room or other private space suitable for that purpose. The Secretary of Defense shall complete the amendment process required by subsection (a) and implement the amended UFC 1–4.2 not later than one year after the date of the enactment of this Act [ Dec. 27, 2021 ].” The Under Secretary of Defense for Acquisition and Sustainment shall publish any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems in the Federal Register and shall specify a comment period of at least 60 days. The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notice and justification for any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems not later than 30 days after the date of publication in the Federal Register.” To the extent practicable, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019. The Secretary of Defense shall complete the amendment process required by subsection (a) in a timely manner so that any Department of Defense Form 1391 submitted to Congress in connection with the budget submission for fiscal year 2024 and thereafter complies with the Unified Facilities Criteria, as amended pursuant to such subsection. describing the extent to which the Unified Facilities Criteria, as amended pursuant to subsection (a), incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019, as required by such subsection; and in the case of any instance in which the Unified Facilities Criteria continues to deviate from such consensus-based codes and standards for energy efficiency and conservation, identifying the deviation and explaining the reasons for the deviation.” promoting on-installation energy security and energy resilience; and facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10 , United States Code, as added and amended by section 2825 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 ). The Secretary of Defense shall complete the amendment process required by paragraph (1) and implement the amendment not later than September 1, 2022 . In the case of a covered renewable energy generating source located on a military installation pursuant to a lease of non-excess defense property under section 2667 of title 10 , United States Code, the Secretary of the military department concerned is encouraged to negotiate with the owner and operator of the renewable energy generating source to revise the lease contract to permit the military installation to access the renewable energy generating source during an emergency. The negotiations shall include consideration of the ease of modifying the renewable energy generating source to include an islanding capability, the necessity of additional infrastructure to tie the renewable energy generating source into the installation energy grid, and the cost of such modifications and infrastructure. is located on a military installation inside the United States; but cannot be used as a direct source of resilient energy for the installation in the event of a power disruption. The term ‘islanding capability’ refers to the ability to remove an energy system, such as a microgrid, from the local utility grid and to operate the energy system, at least temporarily, as an integrated, stand-alone system, during an emergency involving the loss of external electric power supply. The term ‘microgrid’ means an integrated energy system consisting of interconnected loads and energy resources with an islanding capability to permit functioning separate from the local utility grid.” Each Secretary of a military department shall conduct a pilot program to evaluate the effect that the use of sustainable building materials as the primary construction material in military construction may have on the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of military construction. Each Secretary of a military department shall carry out, under the pilot program, at least two military construction projects. that are identified as vulnerable to extreme weather events; and— for which a military construction project is authorized but a request for proposal has not been released. The Secretaries of the military departments shall coordinate the selection of military construction projects to be carried out under the pilot program so that at least one of the military construction projects involves construction of military unaccompanied housing. The authority of the Secretary of a military department to carry out a military construction project under the pilot program shall expire on September 30, 2029 . Any construction commenced under the pilot program before the expiration date may continue to completion. Any construction pursuant to a military construction project carried out under the pilot program must commence by not later than January 1, 2029 . In carrying out each project under the pilot program commencing on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026 [ Dec. 18, 2025 ], the Secretary concerned shall use not fewer than three technologies identified in the report published by the Comptroller General of the United States on February 11, 2025 , and titled ‘Science & Tech Spotlight: Sustainable Building Technologies’ (GAO–25–107931). Nothing in this subsection shall be construed to require the redesign, modification, or reauthorization of any project initiated prior to the date of the enactment of such Act. Not later than 180 days after the date of the enactment of this Act [ Dec. 27, 2021 ], and every 180 days thereafter through December 31, 2030 , the Secretaries of the military departments shall submit to the congressional defense committees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Representatives] a report on the progress of the pilot program. A description of the status of the military construction projects selected to be conducted under the pilot program. An explanation of the reasons why those military construction projects were selected. The projected or actual carbon footprint over the full life cycle of the various sustainable building materials evaluated in the pilot program. The life cycle costs of the various sustainable building materials evaluated in the pilot program. The resilience to extreme weather events of the various sustainable building materials evaluated in the pilot program. Any impact on construction timeliness of using the various sustainable building materials evaluated in the pilot program. The cost effectiveness of the military construction projects conducted under the pilot program using sustainable building materials as compared to other materials historically used in military construction. Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of sustainable building materials, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible. In this section, the term ‘sustainable building material’ means any building material identified in the report published by the Comptroller General of the United States on February 11, 2025 , and titled ‘Science & Tech Spotlight: Sustainable Building Technologies’ (GAO–25–107931) the use of which will reduce carbon emissions over the life cycle of the building. The term includes mass timber, concrete, and other carbon-reducing materials.” 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. 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 [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] 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. unless the project is included in a report submitted under paragraph (1); and until the expiration of the 30-day period beginning on the date on which the Secretary concerned submits the report under paragraph (1) in which the project is included. 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. 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.” Not later than September 1, 2020 , the Secretary of Defense shall amend the Unified Facility Criteria relating to military construction planning and design, to ensure that building practices and standards of the Department of Defense promote military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience. shall take into account historical data, current conditions, and sea level rise projections; and may consult with the heads of other Federal departments and agencies with expertise regarding military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience. has initiated the amendment process required by subsection (a)(1); and intends to complete such process by September 1, 2020 . Any Department of Defense Form 1391 submitted to Congress after September 1, 2020 shall comply with the Unified Facility Criteria, as amended pursuant to this section. amendments made pursuant to subsection (a); and amendments made pursuant to section 2805(c) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262 ; 10 U.S.C. 2864 note), as amended by subsection (c). Beginning with fiscal year 2022, and annually thereafter, the Secretary of Defense shall conduct a review comparing the Unified Facility Criteria and industry best practices, for the purpose of ensuring that military construction building practices and standards of the Department of Defense relating to military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience remain up-to-date. The terms ‘energy resilience’ and ‘military installation resilience’ have the meanings given those terms in section 101(e) of title 10 , United States Code [now 10 U.S.C. 101(f) ]. The term ‘energy and climate resiliency’ has the meaning given that term in section 2864 of title 10 , United States Code.” the potential adverse consequences of long-term changes in environmental conditions, such as increasingly frequent extreme weather events, that could affect the military installation resilience of the installation for which the military construction project is proposed; and building requirements in effect for the locality in which the military construction project is proposed and industry best practices that are developed to withstand extreme weather events and other consequences of changes in environmental conditions. As part of the certification required by paragraph (1) for a proposed military construction project, the Secretary concerned shall identify the potential changes in environmental conditions, such as increasingly frequent extreme weather events, considered and addressed under subparagraphs (A) and (B) of paragraph (1). The modification of Department of Defense Form 1391 required by subsection (a) is in addition to, and expands upon, the modification of Department of Defense Form 1391 with respect to flood risk disclosure for military construction required by section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262 ; 10 U.S.C. 2802 note). In this section, the term ‘military installation resilience’ has the meaning given that term in section 101(e)(8) of title 10 , United States Code [now 10 U.S.C. 101(f)(8) ].” The Secretary of Defense, in consultation with the Secretary of Transportation, may carry out a pilot program to design, build, and test technologies, techniques, and materials in order to extend the service life of roads and runways under the jurisdiction of the Secretary of Defense. The design, testing, and assembly of technologies and systems suitable for pavement applications. Research, development, and testing of pavement materials for use in different geographic areas in the United States. The design and procurement of platforms and equipment to test the performance, cost, feasibility, and effectiveness of the technologies, systems, and materials described in paragraphs (1) and (2). The Secretary of Defense may carry out the pilot program under subsection (a) through the award of contracts or grants for the designing, building, or testing of technologies, techniques, and materials under the pilot program. Any award of a contract or grant under the pilot program under subsection (a) shall be made using merit-based selection procedures. Not later than two years after the commencement of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the pilot program. An assessment of the effectiveness of activities under the pilot program in improving the service life of roads and runways under the jurisdiction of the Secretary. An analysis of the potential lifetime cost savings and reduction in energy demands associated with the extended service life of such roads and runways. The pilot program under subsection (a) shall terminate on September 30, 2024 .” Not later than September 1, 2022 , the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the minimum flood mitigation requirements of section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 ; 132 Stat. 2262 ; 10 U.S.C. 2802 note), as amended by this section. Any Department of Defense Form 1391 submitted to Congress after September 1, 2022 , shall comply with the Unified Facilities Criteria, as amended pursuant to paragraph (1). Not later than March 1, 2023 , the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate the completion of the amendment process required by paragraph (1) and the full incorporation of the amendments into military construction planning and design.” disclosure whether a proposed project will be sited within or partially within a 100-year floodplain or a 500-year floodplain if outside a 100-year floodplain, according to the most recent available Federal Emergency Management Agency flood hazard data, or will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project; and if the proposed project will be sited within or partially within a floodplain described in subparagraph (A) or will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project, the specific risk mitigation plan. To the extent that Federal Emergency Management Agency flood hazard data are not available for a proposed major or minor military construction site, the Secretary concerned shall establish a process for delineating the 100-year floodplain using risk analysis that is consistent with the standards used to inform Federal flood risk assessments. An assessment of flood vulnerability for the proposed project using hydrologic, hydraulic, and hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science over the anticipated service life of the facility and future forecasted land use changes. Any information concerning alternative construction sites that were considered, and an explanation of why those sites do not satisfy mission requirements. A description of planned flood mitigation measures. A description of how the proposed project has taken into account projected current and future flood risk and mean sea level fluctuations over the lifetime of the project. an additional 2 feet above the base flood elevation for non-mission critical facilities, as determined by the Secretary; an additional 3 feet above the base flood elevation for mission-critical facilities, as determined by the Secretary; and any additional flooding that will result from projected current and future flood risk and mean sea level fluctuations over the lifetime of the project. disclosure whether the project was included in the prior year’s future-years defense program submitted to Congress pursuant to section 221 of title 10 , United States Code; and inclusion of an energy study or life cycle analysis.” size standards for operating rooms and patient recovery rooms; and such other construction standards that the Secretary considers necessary to support military medical centers. reviewing the unified construction standards established pursuant to subsection (a) to determine the standards consistency with industry practices and benchmarks for world class medical construction; reviewing ongoing construction programs within the Department of Defense to ensure medical construction standards are uniformly applied across applicable military medical centers; facility selection criteria and proportional assessment system; and facility programming responsibilities between the Assistant Secretary of Defense for Health Affairs and the Secretaries of the military departments; assessing whether the Comprehensive Master Plan for the National Capital Region Medical, dated April 2010, is adequate to fulfill statutory requirements, as required by section 2714 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84 ; 123 Stat. 2656 ), to ensure that the facilities and organizational structure described in the plan result in world class military medical centers in the National Capital Region; and making recommendations regarding any adjustments of the master plan referred to in subparagraph (D) that are needed to ensure the provision of world class military medical centers and delivery system in the National Capital Region. medical facility design experts; military healthcare professionals; representatives of premier health care centers in the United States; and former retired senior military officers with joint operational and budgetary experience. The chairmen and ranking members of the Committees on the Armed Services of the Senate and House of Representatives may each designate one member of the panel. Members of the panel may serve on the panel until the termination date specified in paragraph (7). While performing duties on behalf of the panel, a member and any adviser referred to in paragraph (4) shall be reimbursed under Government travel regulations for necessary travel expenses. The panel shall meet not less than quarterly. The panel or its members may make other visits to military treatment centers and military headquarters in connection with the duties of the panel. The Secretary of Defense shall provide necessary administrative staff support to the panel. The panel may call in advisers for consultation. an assessment of the adequacy of the plan of the Department of Defense to address the items specified in subparagraphs (A) through (E) of paragraph (1) relating to the purposes of the panel; and the recommendations of the panel to improve the plan. Not later than February 1, 2011 , and each February 1 thereafter until termination of the panel, the panel shall submit to the Secretary of Defense a report on the findings and recommendations of the panel to address any deficiencies identified by the panel. a copy of the panel’s assessment; an assessment by the Secretary of the findings and recommendations of the panel; and the plans of the Secretary for addressing such findings and recommendations. The panel shall terminate on September 30, 2015 . The term ‘National Capital Region’ has the meaning given the term in section 2674(f) of title 10 , United States Code. The term ‘world class military medical center’ has the meaning given the term ‘world class military medical facility’ by the National Capital Region Base Realignment and Closure Health Systems Advisory Subcommittee of the Defense Health Board in appendix B of the report titled ‘Achieving World Class—An Independent Review of the Design Plans for the Walter Reed National Military Medical Center and the Fort Belvoir Community Hospital’ and published in May 2009, as required by section 2721 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417 ; 122 Stat. 4716 ).” the damage caused to aviation facilities of the Armed Forces by alkali silica reactivity; and the availability of technologies capable of preventing, treating, or mitigating alkali silica reactivity in hardened concrete structures and pavements. Taking into consideration the assessment under subsection (a), the Secretary of each military department may conduct a demonstration project at a location selected by the Secretary concerned to test and evaluate the effectiveness of technologies intended to prevent, treat, or mitigate alkali silica reactivity in hardened concrete structures and pavements. The Secretary of Defense shall ensure that the locations selected for the demonstration projects represent the diverse operating environments of the Armed Forces. The Secretary of Defense shall develop specific guidelines for appropriate testing and use of lithium salts to prevent alkali silica reactivity in new construction of the Department of Defense. The assessment conducted under subsection (a) and the demonstration projects, if any, conducted under subsection (b) shall be completed not later than September 30, 2006 . The authority to conduct the assessment under subsection (a) may be delegated only to the Chief of Engineers of the Army, the Commander of the Naval Facilities Engineering Command, and the Civil Engineer of the Air Force. The Secretary of Defense and the Secretaries of the military departments may not expend more than a total of $5,000,000 to conduct both the assessment under subsection (a) and all of the demonstration projects under subsection (b).”
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