REALIGNMENT OF MARINE CORPS FORCES IN ASIA-PACIFIC REGION.

SEC. 2832. REALIGNMENT OF MARINE CORPS FORCES IN ASIA-PACIFIC REGION.(a) Restriction on Use of Funds for Realignment.—Except as provided in subsection (c), none of the funds authorized to be appropriated under this Act, and none of the amounts provided by the Government of Japan for construction activities on land 126 STAT. 2155 under the jurisdiction of the Department of Defense, may be obligated to implement the realignment of Marine Corps forces from Okinawa to Guam or Hawaii until each of the following occurs:(1) The Commander of the United States Pacific Command provides to the congressional defense committees an assessment of the strategic and logistical resources needed to ensure the distributed lay-down of members of the Marine Corps in the United States Pacific Command Area of Responsibility meets the contingency operations plans.(2) The Secretary of Defense submits to the congressional defense committees master plans for the construction of facilities and infrastructure to execute the Marine Corps distributed lay-down on Guam and Hawaii, including a detailed description of costs and the schedule for such construction.(3) The Secretary of the Navy submits a plan to the congressional defense committees detailing the proposed investments and schedules required to restore facilities and infrastructure at Marine Corps Air Station Futenma.(4) A plan coordinated by all pertinent Federal agencies is provided to the congressional defense committees detailing descriptions of work, costs, and a schedule for completion of construction, improvements, and repairs to the non-military utilities, facilities, and infrastructure, if any, on Guam affected by the realignment of forces.(b) Restriction on Development of Public Infrastructure.—If the Secretary of Defense determines that any grant, cooperative agreement, transfer of funds to another Federal agency, or supplement of funds available in fiscal year 2012 or 2013 under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replacement, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure on Guam, the Secretary of Defense may not carry out such grant, transfer, cooperative agreement, or supplemental funding unless such grant, transfer, cooperative agreement, or supplemental funding is specifically authorized by law.(c) Exceptions to Funding Restriction.—The Secretary of Defense may use funds described in subsection (a)—(1) to complete additional analysis or studies required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for proposed actions on Guam or Hawaii;(2) to initiate planning and design of construction projects at Andersen Air Force Base and Andersen South; and(3) to carry out any military construction project for which an authorization of appropriations is provided in section 2204, as specified in the funding table in section 4601.(d) Definitions.—In this section:(1) Distributed lay-down.—The term “distributed lay-down” refers to the planned distribution of members of the Marine Corps in Okinawa, Guam, Hawaii, Australia, and possibly elsewhere that is contemplated in support of the joint statement of the United States–Japan Security Consultative Committee issued April 26, 2012, in the District of Columbia (April 27, 2012, in Tokyo).(2) Public infrastructure.—The term “public infrastructure” means any utility, method of transportation, item of equipment, or facility under the control of a public entity or 126 STAT. 2156 State or local government that is used by, or constructed for the benefit of, the general public.(e) Repeal of Superseded Law.—Section 2207 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat. 1668) is repealed.