Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility

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Subject to the certification requirement under subsection (e), the Secretary of the Navy, in cooperation with the Director of the Defense Logistics Agency, shall complete the defueling of the Red Hill Bulk Fuel Storage Facility by not later than December 31, 2023. Not later than December 31, 2022, the Secretary of the Navy shall submit to the congressional defense committees, and make publicly available on an appropriate website of the Department of Defense, a report on the status of the defueling of the Red Hill Bulk Fuel Storage Facility.

The Secretary of the Navy, in coordination with the Administrator of the Environmental Protection Agency and the State of Hawaii, shall plan for and implement the defueling of the Red Hill Bulk Fuel Facility in a manner that complies with all applicable laws. Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall make publicly available an unclassified report containing the plan of the Secretary for actions to be taken to mitigate the impacts caused by releases at the Red Hill Bulk Fuel Storage Facility, together with cost estimates for such actions.

Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall provide to the congressional defense committees a briefing on the actions and cost estimates included in the plan required under paragraph (1). Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with an appropriate independent entity under which the entity agrees to conduct a review of the defueling process for the Red Hill Bulk Fuel Storage Facility.

An agreement entered into under paragraph

(1)shall provide that the non-Department of Defense entity shall produce and make publicly available, by not later than 30 days after the completion of the defueling of the Red Hill Bulk Fuel Storage Facility, an unclassified report on the defueling process. The Secretary of the Navy may not begin the process of defueling the Red Hill Bulk Storage Facility before the date on which the Secretary of Defense submits to the congressional defense committees certification that such defueling would not adversely affect the ability of the Department of Defense to provide fuel to support military operations in the area of responsibility of the United States Indo-Pacific Command. The Secretary of Defense may waive the deadline under subsection (a)(1) for a period of not more than 180 days if the Secretary submits to the congressional defense committees certification in writing that— the Red Hill Bulk Fuel Storage Facility cannot be defueled safely and in an environmentally sound manner before the deadline; or the State of Hawaii Department of Health objects to the defueling of the Facility. The Secretary may extend a waiver issued under paragraph

(1)if the Secretary submits to the congressional defense committees an additional certification described in paragraph

(1)and a justification for the extension of the waiver.