1
See References in Text note below.
References in Text
Section 101(e) of this title, referred to in subsec. (f)(4), was redesignated section 101(f) of this title, and a new subsec. (e) of section 101 was added, by [Pub. L. 118–31, div. A, title XVII, § 1713(a)], Dec. 22, 2023, [137 Stat. 625].
Prior Provisions
A prior section 2864, added [Pub. L. 101–189, div. B, title XXVIII, § 2807(a)], Nov. 29, 1989, [103 Stat. 1648]; amended [Pub. L. 104–106, div. A, title X, § 1062(g)], Feb. 10, 1996, [110 Stat. 444], related to military construction contracts on Guam, prior to repeal by [Pub. L. 109–364, div. B, title XXVIII, § 2810(a)], Oct. 17, 2006, [120 Stat. 2470].
Amendments
2023—Subsec. (f)(4), (6). [Pub. L. 118–31] redesignated par. (6) as (4).
2021—Subsec. (a)(2)(E). [Pub. L. 117–81, § 2832(a)], inserted “and military installation resilience” before period at end.
Subsec. (a)(3). [Pub. L. 117–81, § 2831], added par. (3).
Subsec. (c)(7), (8). [Pub. L. 117–81, § 2832(b)], added par. (7) and redesignated former par. (7) as (8).
Subsec. (f)(6). [Pub. L. 117–81, § 2832(c)], added par. (6).
2019—Subsec. (a)(1). [Pub. L. 116–92, § 2801(a)(1)(A)], inserted “military installation resilience,” after “master planning,”.
Subsec. (c). [Pub. L. 116–92, § 2801(a)(1)(C)], added subsec. (c). Former subsec. (c) redesignated (e).
Subsec. (d). [Pub. L. 116–92, § 2801(a)(2)], added subsec. (d). Former subsec. (d) redesignated (f).
Subsecs. (e), (f). [Pub. L. 116–92, § 2801(a)(1)(B)], redesignated subsecs. (c) and (d) as (e) and (f), respectively.
2018—Subsec. (a)(2)(E). [Pub. L. 115–232, § 2805(d)(1)], added subpar. (E).
Subsec. (d)(3). [Pub. L. 115–232, § 2805(d)(2)], added par. (3).
2013—Subsec. (a). [Pub. L. 113–66, § 2811(1)], designated existing provisions as par. (1) and added par. (2).
Subsec. (b). [Pub. L. 113–66, § 2811(2)], designated existing provisions as par. (1) and added par. (2).
Subsecs. (c), (d). [Pub. L. 113–66, § 2811(3)], (4), added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Interagency Regional Coordinator for Resilience Pilot Project
[Pub. L. 117–263, div. B, title XXVIII, § 2872], Dec. 23, 2022, [136 Stat. 3014], provided that:“(a)
Pilot Project.—
The Secretary of Defense shall carry out a pilot program under which the Secretary shall establish within the Department of Defense four Interagency Regional Coordinators. Each Interagency Regional Coordinator shall be responsible for improving the resilience of a community that supports a military installation and serving as a model for enhancing community resilience before disaster strikes.
“(b)
Selection.—
Each Interagency Regional Coordinator shall support military installations and surrounding communities within a geographic area, with at least one such Coordinator serving each of the East, West, and Gulf coasts. For purposes of the project, the Secretary shall select geographic areas—
“(1)
with significant sea level rise and recurrent flooding that prevents members of the Armed Forces from reaching their posts or jeopardizes military readiness; and
“(2)
where communities have collaborated on multi-jurisdictional climate adaptation planning efforts, including such collaboration with the Army Corps of Engineers Civil Works Department and through Joint Land Use Studies.
“(c)
Collaboration.—
In carrying out the pilot project, the Secretary shall build on existing efforts through collaboration with State and local entities, including emergency management, transportation, planning, housing, community development, natural resource managers, and governing bodies and with the heads of appropriate Federal departments and agencies.”
Strategic Decisions Relating to Military Installations; Implications of Military Installation Resilience for Strategy; Plans and Planning Documents; Definitions
[Pub. L. 117–81, div. A, title III, § 311(d)]–(g), (j), Dec. 27, 2021, [135 Stat. 1626], 1627, provided that:“(d)
Strategic Decisions Relating to Military Installations.—
The Secretary of each military department, with respect to any installation under the jurisdiction of that Secretary, and the Secretary of Defense, with respect to any installation of the Department of Defense that is not under the jurisdiction of the Secretary of a military department, shall consider the strategic risks associated with military installation resilience.
“(e)
National Defense Strategy and National Military Strategy.—
The Secretary of Defense, in coordination with the heads of such other Federal agencies as the Secretary determines appropriate, shall incorporate the security implications of military installation resilience into the National Defense Strategy and the National Military Strategy.
“(f)
National Security Planning Documents.—
The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall consider the security implications associated with military installation resilience in developing the Defense Planning Guidance under
section 113(g)(2) of title 10, United States Code, the Risk Assessment of the Chairman of the Joint Chiefs of Staff under section 153(b)(2) of such title, and other relevant strategy, planning, and programming documents and processes.
“(g)
Campaign Plans of Combatant Commands.—
The Secretary of Defense shall ensure that the national security implications associated with military installation resilience are integrated into the campaign plans of the combatant commands.
“(j)
Definitions.—
“(2)
The term ‘National Defense Strategy’ means the national defense strategy under section 113(g)(1) of such title.
“(3)
The term ‘National Military Strategy’ means the national military strategy under section 153(b) of such title.”
Prompt Completion of Military Installation Resilience Component of Master Plans for At-Risk Major Military Installations
[Pub. L. 117–81, div. B, title XXVIII, § 2833], Dec. 27, 2021, [135 Stat. 2199], provided that:“(a)
Identification of At-Risk Installations.—
Not later than 30 days after the date of the enactment of this Act [Dec. 27, 2021], each Secretary of a military department shall—
“(1)
identify at least two major military installations under the jurisdiction of that Secretary that the Secretary considers at risk from extreme weather events; and
“(2)
notify the Committees on Armed Services of the Senate and the House of Representatives of the major military installations identified under paragraph (1).
“(b)
Completion Deadline.—
Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall ensure that the military installation resilience component of the master plan for each major military installation identified by the Secretary under subsection (a) is completed.
“(c)
Briefings.—
Not later than 60 days after completion of a master plan component as required by subsection (b) for a major military installation, the Secretary of the military department concerned shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the master plan efforts for that major military installation.
“(d)
Definitions.—
In this section:
“(2)
The term ‘master plan’ means the master plan required by
section 2864(a) of title 10, United States Code, for a major military installation.”
Removal of Barriers That Discourage Investments To Increase Military Installation Resilience
[Pub. L. 116–92, div. A, title III, § 327], Dec. 20, 2019, [133 Stat. 1311], provided that:“(a)
In General.—
The Secretary of Defense shall—
“(1)
identify and seek to remove barriers that discourage investments to increase military installation resilience;
“(2)
reform policies and programs that unintentionally increased the vulnerability of systems to related extreme weather events; and
“(3)
develop, and update at least once every four years, an adaptation plan to assess how climate impacts affected the ability of the Department of Defense to accomplish its mission, and the short-and long- term actions the Department can take to ensure military installation resilience.
“(b)
Military Installation Resilience.—
In this section, the term ‘military installation resilience’ has the meaning given such term in
section 101(e)(8) of title 10, United States Code [now
10 U.S.C. 101(f)(8)].”
Incorporation of Changing Environmental Condition Projections in Military Construction Designs and Modifications
[Pub. L. 115–232, div. B, title XXVIII, § 2805(c)], Aug. 13, 2018, [132 Stat. 2262], as amended by [Pub. L. 116–92, div. A, title XVII, § 1731(b)(4)], div. B, title XXVII, § 2804(c), Dec. 20, 2019, [133 Stat. 1816], 1882, provided that:“(1)
Fiscal year 2019.—
Not later than 30 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense shall amend section 3–5.6.2.3 of Unified Facilities Criteria (UFC) 1-200-01 and UFC 1-200-02 (or any similar successor regulations) to provide that in order to anticipate changing environmental conditions during the design life of existing or planned new facilities and infrastructure, projections from reliable and authorized sources such as the Census Bureau (for population projections), the National Academies of Sciences (for land use change projections and climate projections), the U.S. Geological Survey (for land use change projections), and the U.S. Global Change Research Office and National Climate Assessment (for climate projections) shall be considered and incorporated into military construction designs and modifications.
“(2)
Fiscal year 2020.—
“(A)
Amendments required.—
Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 [Dec. 20, 2019], the Secretary of Defense shall amend the Unified Facilities Criteria as follows:
“(i)
To require that installations of the Department of Defense assess the risks from extreme weather and related effects, and develop plans to address such risks.
“(ii)
To require in the development of such Criteria the use of—
“(I)
land use change projections through the use of land use and land cover modeling by the United States Geological Survey; and
“(II)
weather projections—
“(aa)
from the United States Global Change Research Program, including in the National Climate Assessment; or
“(bb)
from the National Oceanic and Atmospheric Administration, if such projections are more up-to-date than projections under item (aa).
“(iii)
To require the Secretary of Defense to provide guidance to project designers and master planners on how to use weather projections.
“(iv)
To require the use throughout the Department of the Naval Facilities Engineering Command Climate Change Installation Adaptation and Resilience planning handbook, as amended (or similar publication of the Army Corps of Engineers).
“(B)
Notification.—
If the Secretary of Defense determines that a projection other than a projection described in subparagraph (A)(ii) is more appropriate for use in amending the Unified Facilities Criteria, the Secretary shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of such determination, which shall include the rationale underlying such determination and a description of such other projection.”
[[Section 1731(b)(4) of Pub. L. 116–92], which directed amendment of [section 2805(c) of Pub. L. 115–232], set out above, by substituting “Unified Facilities Criteria” for “United Facilities Criteria”, was not executed in light of the amendment by [section 2804(c)(2) of Pub. L. 116–92], which substituted “Unified Facilities Criteria (UFC) 1-200-01 and UFC 1-200-02” for “United Facilities Criteria (UFC) 2–100–01 and UFC 2–100–02”.]