2018—Subsec. (e)(1). Pub. L. 115–232 substituted “Secretary concerned shall” for “Secretary concerned shall—”, struck out subpar. (A) designation before “comply with the congressional notification requirement”, and inserted “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” after “road project will be carried out”.
2017—Subsec. (d). Pub. L. 115–91, § 1081(d)(15), amended Pub. L. 114–328, § 2811(c). See 2016 Amendment note below.
2016—Subsec. (d). Pub. L. 114–328, § 2811(b), struck out subsec. (d) which related to requirements for military construction projects funded through payments-in-kind or in-kind contributions, inclusion of such projects in budget justification documents, and exceptions to those requirements.
Pub. L. 114–328, § 2811(c), as amended by Pub. L. 115–91, § 1081(d)(15), repealed Pub. L. 113–291, § 2803(b). See 2014 Amendment note below.
2014—Subsec. (d). Pub. L. 113–291, § 2803(b), which substituted “payments-in-kind or in-kind contributions” for “payment-in-kind contributions” in par. (1), added par. (3) and struck out former par. (3) which described certain military construction projects to which subsec. (d) did not apply, and substituted “paragraph (3), by reference to section 2687a(f)(4)(D) of this title,” for “paragraph (3)(C)” in par. (4), was repealed by Pub. L. 114–328, § 2811(c), as amended by Pub. L. 115–91, § 1081(d)(15).
Subsec. (e). Pub. L. 113–291, § 2801, added subsec. (e).
2013—Subsec. (d). Pub. L. 113–66 added subsec. (d).
2008—Subsec. (a). Pub. L. 110–181 inserted “, land acquisitions, and defense access road projects (as described under section 210 of title 23)” after “military construction projects”.
Subsec. (c). Pub. L. 110–417 added subsec. (c).
Updates and Modifications to Department of Defense Form 1391, Unified Facilities Criteria, and Military Installation Master Plans
Pub. L. 115–232, div. B, title XXVIII, § 2805(a), (b), Aug. 13, 2018, 132 Stat. 2262, provided that:
“(a)Flood Risk Disclosure for .—
“(1)In general.—The Secretary of Defense shall modify Department of Defense Form 1391 to require, with respect to any proposed major or minor military construction project requiring congressional notification or approval—
disclosure whether a proposed project will be sited within or partially within a 100-year floodplain, according to the most recent available Federal Emergency Management Agency flood hazard data; and
if the proposed project will be sited within or partially within a 100-year floodplain, the specific risk mitigation plan.
“(2)Delineation of floodplain.—
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.
“(3)Reporting requirements.—For proposed projects that are to be sited within or partially within a 100-year floodplain, 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 with the following:
An assessment of flood vulnerability for the proposed project.
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.
“(4)Minimum flood mitigation requirements.—When mitigating the flood risk of a major or minor military construction project within or partially within the 100-year floodplain, the Secretary concerned shall require any mitigation plan to assume an additional—
2 feet above the base flood elevation for non-mission critical buildings, as determined by the Secretary; and
3 feet above the base flood elevation for mission-critical buildings, as determined by the Secretary.
“(b)Disclosure Requirements for Form 1391.—Not later than 30 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense shall amend Department of Defense Form 1391 to require, for each requested military construction 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
inclusion of an energy study or life cycle analysis.”
Requirements Related to Providing World Class Military Medical Centers
Pub. L. 111–383, div. B, title XXVIII, § 2852, Jan. 7, 2011, 124 Stat. 4475, provided that:
“(a)Unified Standard for and Repairs to Military Medical Centers.—Not later than 180 days after the date of the enactment of this Act [Jan. 7, 2011], the Secretary of Defense shall establish a unified construction standard for military construction and repairs for military medical centers that provides a single standard of care. This standard shall also include—
size standards for operating rooms and patient recovery rooms; and
such other construction
standards that the Secretary considers necessary to support military medical centers.
“(b)Independent Review Panel.—
“(1)Establishment; purpose.—The Secretary of Defense shall establish an independent advisory panel for the purpose of—
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;
“(C) assessing the approach of the Department of Defense approach to planning and programming facility improvements with specific emphasis on—
selection criteria and proportional assessment system; and
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.
“(A)Appointments by secretary.—The panel shall be composed of such members as determined by the Secretary of Defense, except that the Secretary shall include as members—
military healthcare professionals;
representatives of premier health care centers in the United States
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.
“(4)Staff and advisors.—
The Secretary of Defense shall provide necessary administrative staff support to the panel. The panel may call in advisers for consultation.
“(A)Initial report.—Not later than 120 days after the first meeting of the panel, the panel shall submit to the Secretary of Defense a written report containing—
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.
“(6)Assessment of recommendations.—Not later than 30 days after the date of the submission of each report under paragraph (5), 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 including—
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.
“(c)Definitions.—In this section:
“(2)World class military medical center.—
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
Damage to Aviation Facilities Caused by Alkali Silica Reactivity
Pub. L. 106–398, § 1 [[div. A], title III, § 389], Oct. 30, 2000, 114 Stat. 1654, 1654A–89, provided that:
“(a)Assessment of Damage and Prevention and Mitigation Technology.—The Secretary of Defense shall require the Secretaries of the military departments to assess—
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.
“(b)Evaluation of Technologies.—
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
“(d)Completion of Assessment and Demonstration.—
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.
“(e)Delegation of Authority.—
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
“(f)Limitation on Expenditures.—
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).”
Reports Relating to Military Construction for Facilities Supporting New Weapon Systems
Pub. L. 102–190, div. B, title XXVIII, § 2868, Dec. 5, 1991, 105 Stat. 1562, as amended by Pub. L. 108–136, div. A, title X, § 1031(c)(2), Nov. 24, 2003, 117 Stat. 1604, which required the Secretary of Defense to submit to Congress a report relating to the permanent basing of a new weapon system not later than 30 days after selecting a site or sites for such permanent basing, was repealed by Pub. L. 112–81, div. A, title X, § 1062(m), Dec. 31, 2011, 125 Stat. 1586.