Sec. 332. Activities prior to decommissioning of Red Hill Bulk Storage Facility
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None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2023 may be obligated or expended to permanently close the Red Hill Bulk Fuel Storage Facility until the date that is one year after the date on which the Secretary of Defense, in consultation with the Commander of United States Indo-Pacific Command, submits to the congressional defense committees— the report required under subsection (b); and certification that— a fuel capacity that is equivalent to the capacity provided by the Red Hill Bulk Fuel Storage Facility has been added to the fuel capacity of United States Indo-Pacific Command; and the bulk fuel requirements of United States Indo-Pacific Command have been fully programmed for funding in the five fiscal years following the year in which the certification is submitted.
Not later than one year after the date of the enactment of this Act, the Secretary of the Defense shall submit to the congressional defense committees a report on the costs associated with replacing the Red Hill Bulk Fuel Storage Facility. The report required by paragraph
(1)shall include each of the following: Detailed plans for how the Department of Defense will replicate the aggregate bulk fuel storage capacity of the Red Hill Bulk Fuel Storage Facility throughout the Indo-Pacific region, including on United States territories and possessions, as appropriate, in both steady state and in a major conflict lasting not less than 180 days, including through the use of— fleet oilers; fuel bladders; above ground storage facilities; and hardened storage facilities. An identification of— any additional costs to the Department of acquiring or building the assets planned to replicate such fuel storage capacity and of obtaining any required environmental approvals to operate such assets; and the timelines associated with acquiring or building such assets and obtaining such approvals. An analysis of the relative survivability, reliability, risks, and any advantages associated with the assets planned to replicate such fuel storage capacity, including any changes necessary for the operational plans of the Department compared to such operational plans as in effect when the Red Hill Bulk Fuel Storage Facility was operational. An identification of the cost to the Department of maintaining the Red Hill Bulk Fuel Storage Facility in an empty but rapidly reconstitutable state. Any other matters the Secretary of the Defense considers relevant. Nothing in this section shall be construed to affect the authority of the Secretary of Defense or the Secretary of the Navy to conduct any of the following at Red Hill Bulk Fuel Storage Facility: Defueling activities. Remedial investigations. Site or safety inspections. Feasibility studies. Safety related repairs. Monitoring. Transferring of fuel. Maintenance and sustainment activities.