107TH CONGRESS

1ST SESSION S. 1418

AN ACT

To authorize appropriations for fiscal year 2002 for military

construction, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Military Construction

5 Authorization Act for Fiscal Year 2002’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees defined.

TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Modification of authority to carry out certain fiscal year 2001

projects.

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2001

projects.

Sec. 2206. Modification of authority to carry out fiscal year 2000 project.

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of authority to carry out certain fiscal year 2001

project.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Cancellation of authority to carry out certain fiscal year 2001

projects.

Sec. 2405. Cancellation of authority to carry out additional fiscal year 2001

project.

Sec. 2406. Modification of authority to carry out certain fiscal year 2000

projects.

Sec. 2407. Modification of authority to carry out certain fiscal year 1999

project.

Sec. 2408. Modification of authority to carry out certain fiscal year 1995

project.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
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Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land acquisition

projects.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be specified

by law.

Sec. 2702. Extension of authorizations of certain fiscal year 1999 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1998 projects.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Increase in thresholds for certain unspecified minor military construction projects.

Sec. 2802. Unforeseen environmental hazard remediation as basis for authorized cost variations for military construction and family housing construction projects.

Sec. 2803. Repeal of requirement for annual reports to Congress on military

construction and military family housing activities.

Sec. 2804. Authority available for lease of property and facilities under alternative authority for acquisition and improvement of military

housing.

Sec. 2805. Funds for housing allowances of members assigned to military family housing under alternative authority for acquisition and improvement of military housing.

Sec. 2806. Amendment of Federal Acquisition Regulation to treat financing

costs as allowable expenses under contracts for utility services

from utility systems conveyed under privatization initiative.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Availability of proceeds of sales of Department of Defense property

from closed military installations.

Sec. 2812. Pilot efficient facilities initiative.

Sec. 2813. Demonstration program on reduction in long-term facility maintenance costs.

Subtitle C—Land Conveyances

Sec. 2821. Land conveyance, Engineer Proving Ground, Fort Belvoir, Virginia.

Sec. 2822. Modification of authority for conveyance of Naval Computer and

Telecommunications Station, Cutler, Maine.

Sec. 2823. Land transfer and conveyance, Naval Security Group Activity, Winter Harbor, Maine.

Sec. 2824. Conveyance of segment of Loring Petroleum Pipeline, Maine, and

related easements.

Sec. 2825. Land conveyance, petroleum terminal serving former Loring Air

Force Base and Bangor Air National Guard Base, Maine.
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Sec. 2826. Land conveyance, Naval Weapons Industrial Reserve Plant, Toledo,

Ohio.

Sec. 2827. Modification of land conveyance, Mukilteo Tank Farm, Everett,

Washington.

Sec. 2828. Land conveyances, Charleston Air Force Base, South Carolina.

Sec. 2829. Land conveyance, Fort Des Moines, Iowa.

Sec. 2830. Land conveyances, certain former Minuteman III ICBM facilities in

North Dakota.

Sec. 2831. Land acquisition, Perquimans County, North Carolina.

Sec. 2832. Land conveyance, Army Reserve Center, Kewaunee, Wisconsin.

Sec. 2833. Treatment of amounts received.

Subtitle D—Other Matters

Sec. 2841. Development of United States Army Heritage and Education Center

at Carlisle Barracks, Pennsylvania.

Sec. 2842. Repeal of limitation on cost of renovation of Pentagon Reservation.

Sec. 2843. Naming of Patricia C. Lamar Army National Guard Readiness

Center, Oxford, Mississippi.

Sec. 2844. Construction of parking garage at Fort DeRussy, Hawaii.

Sec. 2845. Acceptance of contributions to repair or establishment memorial at

Pentagon Reservation.

TITLE XXIX—DEFENSE BASE CLOSURE AND

REALIGNMENT

Subtitle A—Modifications of 1990 Base Closure Law

Sec. 2901. Authority to carry out base closure round in 2003.

Sec. 2902. Base Closure Account 2003.

Sec. 2903. Additional modifications of base closure authorities.

Sec. 2904. Technical and clarifying amendments.

Subtitle B—Modification of 1988 Base Closure Law

Sec. 2911. Payment for certain services provided by redevelopment authorities

for property leased back by the United States.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on Armed Services and the

7 Committee on Appropriations of the House of Rep8 resentatives.
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1 TITLE XXI—ARMY

2 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

3 ACQUISITION PROJECTS.

4 (a) INSIDE THE UNITED STATES.—Using amounts

5 appropriated pursuant to the authorization of appropria6 tions in section 2104(a)(1), the Secretary of the Army

7 may acquire real property and carry out military construc8 tion projects for the installations and locations inside the

9 United States, and in the amounts, set forth in the fol10 lowing table:

Army: Inside the United States

State Installation or location Amount

Alabama ........................ Anniston Army Depot ...................... $5,150,000

Fort Rucker ..................................... $11,400,000

Redstone Arsenal ............................. $7,200,000

Alaska ........................... Fort Richardson ............................... $115,000,000

Fort Wainwright .............................. $27,200,000

Arizona .......................... Fort Huachuca ................................. $6,100,000

Colorado ........................ Fort Carson ..................................... $66,000,000

District of Columbia ..... Fort McNair ..................................... $11,600,000

Georgia .......................... Fort Benning ................................... $23,900,000

Fort Gillem ...................................... $34,600,000

Fort Gordon ..................................... $34,000,000

Fort Stewart/Hunter Army Air

Field.

$39,800,000

Hawaii ........................... Navy Public Works Center, Pearl

Harbor.

$11,800,000

Pohakuloa Training Facility............ $6,600,000

Wheeler Army Air Field .................. $50,000,000

Illinois ........................... Rock Island Arsenal ......................... $3,500,000

Kansas .......................... Fort Riley......................................... $10,900,000

Kentucky....................... Fort Campbell .................................. $88,900,000

Fort Knox ........................................ $11,600,000

Louisiana ...................... Fort Polk ......................................... $21,200,000

Maryland ....................... Aberdeen Proving Ground ............... $58,300,000

Fort Meade ...................................... $5,800,000

Missouri ........................ Fort Leonard Wood ......................... $7,850,000

New Jersey.................... Fort Monmouth ................................ $20,000,000

New Mexico ................... White Sands Missile Range ............. $7,600,000

New York ...................... Fort Drum ....................................... $37,850,000

North Carolina .............. Fort Bragg ....................................... $21,300,000

Sunny Point Military Ocean Terminal.$11,400,000

Oklahoma ...................... Fort Sill ........................................... $40,100,000

South Carolina .............. Fort Jackson .................................... $62,000,000

Texas ............................. Fort Hood ........................................ $86,200,000

Fort Sam Houston ........................... $2,250,000

Virginia ......................... Fort Belvoir ..................................... $35,950,000

Fort Eustis ...................................... $34,650,000
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Army: Inside the United States—Continued

State Installation or location Amount

Fort Lee ........................................... $23,900,000

Washington ................... Fort Lewis ....................................... $238,200,000

Total: ........................................ $1,279,500,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army

4 may acquire real property and carry out military construc5 tion projects for the locations outside the United States,

6 and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Germany............................... Area Support Group, Bamberg ...... $36,000,000

Area Support Group, Darmstadt .... $13,500,000

Baumholder ..................................... $9,000,000

Hanau ............................................. $7,200,000

Heidelberg ....................................... $15,300,000

Mannheim ....................................... $16,000,000

Wiesbaden Air Base ........................ $26,300,000

Korea .................................... Camp Carroll .................................. $16,593,000

Camp Casey.................................... $8,500,000

Camp Hovey................................... $35,750,000

Camp Humphreys ........................... $14,500,000

Camp Jackson ................................. $6,100,000

Camp Stanley.................................. $28,000,000

Kwajalein .............................. Kwajalein Atoll ............................... $11,000,000

Total: ....................................... $243,743,000

7 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap8 propriated pursuant to the authorization of appropriations

9 in section 2104(a)(3), the Secretary of the Army may ac10 quire real property and carry out military construction

11 projects for the installation and location, and in the

12 amount, set forth in the following table:
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Army: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide ......... Classified Location .......................... $4,000,000

1 SEC. 2102. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2104(a)(6)(A), the Secretary of the

5 Army may construct or acquire family housing units (in6 cluding land acquisition) at the installations, for the pur7 poses, and in the amounts set forth in the following table:

Army: Family Housing

State or county Installation or location Purpose Amount

Alaska ........................... Fort Wainwright ......... 32 Units .......... $12,000,000

Arizona ......................... Fort Huachuca ............ 72 Units .......... $10,800,000

Kansas .......................... Fort Leavenworth ....... 40 Units .......... $20,000,000

Texas ............................ Fort Bliss .................... 76 Units .......... $13,600,000

Fort Sam Houston ...... 80 Units .......... $11,200,000

Korea ............................ Camp Humphreys ....... 54 Units .......... $12,800,000

Total: ................... ......................... $80,400,000

8 (b) PLANNING AND DESIGN.—Using amounts appro9 priated pursuant to the authorization of appropriations in

10 section 2104(a)(6)(A), the Secretary of the Army may

11 carry out architectural and engineering services and con12 struction design activities with respect to the construction

13 or improvement of family housing units in an amount not

14 to exceed $12,702,000.

15 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

16 UNITS.

17 Subject to section 2825 of title 10, United States

18 Code, and using amounts appropriated pursuant to the
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1 authorization of appropriations in section 2104(a)(6)(A),

2 the Secretary of the Army may improve existing military

3 family housing units in an amount not to exceed

4 $220,750,000.

5 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

6 (a) IN GENERAL.—Funds are hereby authorized to

7 be appropriated for fiscal years beginning after September

8 30, 2001, for military construction, land acquisition, and

9 military family housing functions of the Department of the

10 Army in the total amount of $3,068,303,000, as follows:

11 (1) For military construction projects inside the

12 United States authorized by section 2101(a),

13 $1,027,300,000.

14 (2) For military construction projects outside

15 the United States authorized by section 2101(b),

16 $243,743,000.

17 (3) For military construction projects at un18 specified worldwide locations authorized by section

19 2101(c), $4,000,000.

20 (4) For unspecified minor construction projects

21 authorized by section 2805 of title 10, United States

22 Code, $18,000,000.

23 (5) For architectural and engineering services

24 and construction design under section 2807 of title

25 10, United States Code, $142,198,000.
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1 (6) For military family housing functions:

2 (A) For construction and acquisition, plan3 ning and design, and improvement of military

4 family housing and facilities, $313,852,000.

5 (B) For support of military family housing

6 (including the functions described in section

7 2833 of title 10, United States Code),

8 $1,108,991,000.

9 (7) For the Homeowners Assistance Program,

10 as authorized by section 2832 of title 10, United

11 States Code, $10,119,000, to remain available until

12 expended.

13 (8) For the construction of the Cadet Develop14 ment Center, United States Military Academy, West

15 Point, New York, authorized in section 2101(a) of

16 the Military Construction Authorization Act for Fis17 cal Year 1999 (division B of Public Law 105–261;

18 112 Stat. 2182), $37,900,000.

19 (9) For the construction of a Barracks Com20 plex—Tagaytay Street Phase 2C, Fort Bragg, North

21 Carolina, authorized in section 2101(a) of the Mili22 tary Construction Authorization Act for Fiscal Year

23 2000 (division B of Public Law 106–65; 113 Stat.

24 824), $17,500,000.
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1 (10) For the construction of a Barracks Com2 plex—Wilson Street, Phase 1C, Schofield Barracks,

3 Hawaii, authorized in section 2101(a) of the Mili4 tary Construction Authorization Act for Fiscal Year

5 2000 (113 Stat. 824), $23,000,000.

6 (11) For construction of a Basic Combat Train7 ing Complex Phase 2, Fort Leonard Wood, Missouri,

8 authorized in section 2101(a) of the Military Con9 struction Authorization Act for Fiscal Year 2001

10 (division B of the Floyd D. Spence National Defense

11 Authorization Act for Fiscal Year 2001 (as enacted

12 by Public Law 106–398); 114 Stat. 1654A–389),

13 $27,000,000.

14 (12) For the construction of the Battle Simula15 tion Center Phase 2, Fort Drum, New York, author16 ized in section 2101(a) of the Military Construction

17 Authorization Act for Fiscal Year 2001 (114 Stat.

18 1654A–389), $9,000,000.

19 (13) For the construction of a Barracks Com20 plex—Bunter Road Phase 2, Fort Bragg, North

21 Carolina, authorized in section 2101(a) of the Mili22 tary Construction Authorization Act for Fiscal Year

23 2001 (114 Stat. 1654A–389), $49,000,000.

24 (14) For the construction of a Barracks Com25 plex—Longstreet Road Phase 2, Fort Bragg, North
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1 Carolina, authorized in section 2101(a) of the Mili2 tary Construction Authorization Act for Fiscal Year

3 2001 (114 Stat. 1654A–389), $27,000,000.

4 (15) For the construction of a Multipurpose

5 Digital Training Range, Fort Hood, Texas, author6 ized in section 2101(a) of the Military Construction

7 Authorization Act for Fiscal Year 2001 (114 Stat.

8 1654A–389), $13,000,000.

9 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

10 PROJECTS.—Notwithstanding the cost variations author11 ized by section 2853 of title 10, United States Code, and

12 any other cost variation authorized by law, the total cost

13 of all projects carried out under section 2101 of this Act

14 may not exceed—

15 (1) the total amount authorized to be appro16 priated under paragraphs (1), (2), and (3) of sub17 section (a);

18 (2) $52,000,000 (the balance of the amount au19 thorized under section 2101(a) for Barracks Com20 plex D Street Phase at Fort Richardson, Alaska);

21 (3) $41,000,000 (the balance of the amount au22 thorized under section 2101(a) for Barracks Com23 plex—Nelson Boulevard (Phase I) at Fort Carson,

24 Colorado);
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1 (4) $36,000,000 (the balance of the amount au2 thorized under section 2101(a) for Basic Combat

3 Training Complex (Phase I) at Fort Jackson, South

4 Carolina);

5 (5) $102,000,000 (the balance of the amount

6 authorized under section 2101(a) for Barracks Com7 plex—17th & B Street (Phase I) at Fort Lewis,

8 Washington); and

9 (6) $21,500,000 (the balance of the amount au10 thorized under section 2101(a) for Consolidated Lo11 gistics Complex (Phase I) at Fort Sill, Oklahoma).

12 (c) ADJUSTMENT.—The total amount authorized to

13 be appropriated pursuant to paragraphs (1) through (7)

14 of subsection (a) is the sum of the amounts authorized

15 to be appropriated in such paragraphs reduced by

16 $3,300,000, which represents savings resulting from ad17 justments to foreign currency exchange rates for military

18 family housing construction and military family housing

19 support outside the United States.

20 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT

21 CERTAIN FISCAL YEAR 2001 PROJECTS.

22 (a) MODIFICATION.—The table in section 2101(a) of

23 the Military Construction Authorization Act for Fiscal

24 Year 2001 (division B of the Floyd D. Spence National

25 Defense Authorization Act for Fiscal Year 2001 (as en-
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1 acted by Public Law 106–398); 114 Stat. 1654A–389) is

2 amended—

3 (1) in the item relating to Fort Leonard Wood,

4 Missouri, by striking ‘‘$65,400,000’’ in the amount

5 column and inserting ‘‘$69,800,000’’;

6 (2) in the item relating to Fort Drum, New

7 York, by striking ‘‘$18,000,000’’ in the amount col8 umn and inserting ‘‘$21,000,000’’;

9 (3) in the item relating to Fort Hood, Texas,

10 by striking ‘‘$36,492,000’’ in the amount column

11 and inserting ‘‘$39,492,000’’; and

12 (4) by striking the amount identified as the

13 total in the amount column and inserting

14 ‘‘$626,374,000’’.

15 (b) CONFORMING AMENDMENTS.—Section 2104 of

16 that Act (114 Stat. 1654A–391) is amended—

17 (1) in subsection (a), in the matter preceding

18 paragraph (1), by striking ‘‘$1,925,344,000’’ and in19 serting ‘‘$1,935,744,000’’; and

20 (2) in subsection (b)—

21 (A) in paragraph (2), by striking

22 ‘‘$22,600,000’’ and inserting ‘‘$27,000,000’’;

23 (B) in paragraph (3), by striking

24 ‘‘$10,000,000’’ and inserting ‘‘$13,000,000’’;

25 and
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1 (C) in paragraph (6), by striking

2 ‘‘$6,000,000’’ and inserting ‘‘$9,000,000’’.

3 TITLE XXII—NAVY

4 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

5 ACQUISITION PROJECTS.

6 (a) INSIDE THE UNITED STATES.—Using amounts

7 appropriated pursuant to the authorization of appropria8 tions in section 2204(a)(1), the Secretary of the Navy may

9 acquire real property and carry out military construction

10 projects for the installations and locations inside the

11 United States, and in the amounts, set forth in the fol12 lowing table:

Navy: Inside the United States

State Installation or location Amount

Arizona ........................... Marine Corps Air Station, Yuma ............ $22,570,000

California ........................ Marine Air-Ground Task Force Training

Center, Twentynine Palms.

$75,125,000

Marine Corps Air Station, Camp Pendleton.$4,470,000

Marine Corps Base, Camp Pendleton ..... $96,490,000

Naval Air Facility, El Centro .................. $23,520,000

Naval Air Station, Lemoore .................... $10,010,000

Naval Air Warfare Center, Point Mugu,

San Nicholas Island.

$13,730,000

Naval Amphibious Base, Coronado ......... $8,610,000

Naval Construction Battalion Center,

Port Hueneme.

$12,400,000

Naval Construction Training Center,

Port Hueneme.

$3,780,000

Naval Station, San Diego ........................ $47,240,000

District of Columbia ...... Naval Air Facility, Washington .............. $9,810,000

Florida ............................ Naval Air Station, Key West .................. $11,400,000

Naval Air Station, Pensacola .................. $3,700,000

Naval Air Station, Whiting Field, Milton $2,140,000

Naval Station, Mayport ........................... $16,420,000

Hawaii ............................ Marine Corps Base, Kaneohe .................. $24,920,000

Naval Magazine, Lualualei ...................... $6,000,000

Naval Shipyard, Pearl Harbor ................ $20,000,000

Naval Station, Pearl Harbor ................... $54,700,000

Navy Public Works Center, Pearl Harbor.$16,900,000

Illinois ............................ Naval Training Center, Great Lakes ...... $82,260,000

Indiana ........................... Naval Surface Warfare Center, Crane .... $5,820,000

Maine .............................. Naval Air Station, Brunswick ................. $67,395,000

Naval Shipyard, Kittery-Portsmouth ...... $14,620,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Maryland ........................ Naval Air Warfare Center, Patuxent

River.

$2,260,000

Naval Explosive Ordinance Disposal

Technology Center, Indian Head.

$1,250,000

Mississippi ...................... Naval Construction Battalion Center,

Gulfport.

$21,660,000

Naval Air Station, Meridian .................... $3,370,000

Naval Station, Pascagoula ...................... $4,680,000

Missouri .......................... Marine Corp Support Activity, Kansas

City.

$9,010,000

Nevada ........................... Naval Air Station, Fallon ........................ $6,150,000

New Jersey..................... Naval Weapons Station, Earle ................ $4,370,000

North Carolina ............... Marine Corps Air Station, New River ..... $4,050,000

Marine Corps Base, Camp LeJeune ....... $67,070,000

Rhode Island .................. Naval Station, Newport ........................... $15,290,000

Naval Undersea Warfare Center, Newport.$9,370,000

South Carolina ............... Marine Corps Air Station, Beaufort ....... $8,020,000

Marine Corps Recruit Depot, Parris Island.$5,430,000

Tennessee ....................... Naval Support Activity, Millington ......... $3,900,000

Texas .............................. Naval Air Station, Kingsville .................. $6,160,000

Virginia .......................... Marine Corps Air Facility, Quantico ...... $3,790,000

Marine Corps Combat Development

Command, Quantico.

$9,390,000

Naval Station, Norfolk ............................ $139,270,000

Washington .................... Naval Air Station, Whidbey Island ......... $7,370,000

Naval Station, Everett ............................ $6,820,000

Strategic Weapons Facility, Bangor ....... $3,900,000

Total: ............................................... $996,610,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and

6 in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Greece ............................. Naval Support Activity Joint Headquarters Command, Larissa.$12,240,000

Naval Support Activity, Souda Bay ........ $3,210,000

Guam .............................. Naval Station, Guam ............................... $9,300,000

Navy Public Works Center, Guam .......... $14,800,000

Iceland ............................ Naval Air Station, Keflavik ..................... $2,820,000

Italy................................ Naval Air Station, Sigonella ................... $3,060,000

Spain .............................. Naval Station, Rota ................................. $2,240,000

Total: ............................................... $47,670,000
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1 SEC. 2202. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(a)(5)(A), the Secretary of the

5 Navy may construct or acquire family housing units (in6 cluding land acquisition) at the installations, for the pur7 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State or country Installation or location Purpose Amount

Arizona .................... Marine Corps Air Station, Yuma.51 Units .......... $9,017,000

California ................ Marine Air-Ground

Task Force Training

Center, Twentynine

Palms.

74 Units .......... $16,250,000

Hawaii ..................... Marine Corps Base,

Kaneohe.

172 Units ........ $55,187,000

Naval Station, Pearl

Harbor.

70 Units .......... $16,827,000

Mississippi ............... Naval Construction

Battalion Center,

Gulfport.

160 Units ........ $23,354,000

Italy......................... Naval Air Station,

Sigonella.

10 Units .......... $2,403,000

Total: ....... $123,038,000

8 (b) PLANNING AND DESIGN.—Using amounts appro9 priated pursuant to the authorization of appropriations in

10 section 2204(a)(5)(A), the Secretary of the Navy may

11 carry out architectural and engineering services and con12 struction design activities with respect to the construction

13 or improvement of military family housing units in an

14 amount not to exceed $6,499,000.
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1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States

4 Code, and using amounts appropriated pursuant to the

5 authorization of appropriations in section 2204(a)(5)(A),

6 the Secretary of the Navy may improve existing military

7 family housing units in an amount not to exceed

8 $183,054,000.

9 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

10 (a) IN GENERAL.—Funds are hereby authorized to

11 be appropriated for fiscal years beginning after September

12 30, 2001, for military construction, land acquisition, and

13 military family housing functions of the Department of the

14 Navy in the total amount of $2,377,634,000, as follows:

15 (1) For military construction projects inside the

16 United States authorized by section 2201(a),

17 $963,370,000.

18 (2) For military construction projects outside

19 the United States authorized by section 2201(b),

20 $47,670,000.

21 (3) For unspecified minor construction projects

22 authorized by section 2805 of title 10, United States

23 Code, $10,546,000.

24 (4) For architectural and engineering services

25 and construction design under section 2807 of title

26 10, United States Code, $35,752,000.
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1 (5) For military family housing functions:

2 (A) For construction and acquisition, plan3 ning and design, and improvement of military

4 family housing and facilities, $312,591,000.

5 (B) For support of military family housing

6 (including functions described in section 2833

7 of title 10, United States Code), $918,095,000.

8 (6) For replacement of a pier at Naval Station,

9 San Diego, California, authorized in section 2201(a)

10 of the Military Construction Authorization Act for

11 Fiscal Year 2001 (division B of the Floyd D. Spence

12 National Defense Authorization Act for Fiscal Year

13 2001 (as enacted by Public Law 106–398); 114

14 Stat. 1654A–395), $17,500,000.

15 (7) For replacement of Pier Delta at Naval

16 Station, Bremerton, Washington, authorized in sec17 tion 2201(a) of the Military Construction Authoriza18 tion Act for Fiscal Year 2001, $24,460,000.

19 (8) For construction of the Commander-in20 Chief Headquarters, Pacific Command, Camp

21 Smith, Hawaii, authorized in section 2201(a) of the

22 Military Construction Authorization Act for Fiscal

23 Year 2000 (division B of Public Law 106–65; 113

24 Stat. 828), $37,580,000.
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1 (9) For construction of an Advanced Systems

2 Integration Facility, phase 6, at Naval Air Warfare

3 Center, Patuxent River, Maryland, authorized in sec4 tion 2201(a) of the Military Construction Authoriza5 tion Act for Fiscal Year 1993 (division B of Public

6 Law 102–484; 106 Stat. 2590), $10,770,000.

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and

10 any other cost variation authorized by law, the total cost

11 of all projects carried out under section 2201 of this Act

12 may not exceed—

13 (1) the total amount authorized to be appro14 priated under paragraphs (1) and (2) of subsection

15 (a); and

16 (2) $33,240,000 (the balance of the amount au17 thorized under section 2201(a) for Pier Replacement

18 (Increment I), Naval Station, Norfolk, Virginia).

19 (c) ADJUSTMENT.—The total amount authorized to

20 be appropriated pursuant to paragraphs (1) through (5)

21 of subsection (a) is the sum of the amounts authorized

22 to be appropriated in such paragraphs reduced by

23 $700,000, which represents savings resulting from adjust24 ments to foreign currency exchange rates for military fam-
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1 ily housing construction and military family housing sup2 port outside the United States.

3 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT

4 CERTAIN FISCAL YEAR 2001 PROJECTS.

5 The table in section 2201(a) of the Military Construc6 tion Authorization Act for Fiscal Year 2001 (division B

7 of the Floyd D. Spence National Defense Authorization

8 Act for Fiscal Year 2001 (as enacted by Public Law 106–

9 398); 114 Stat. 1654A–395) is amended—

10 (1) in the item relating to Naval Shipyard,

11 Bremerton, Puget Sound, Washington, by striking

12 ‘‘$100,740,000’’ in the amount column and inserting

13 ‘‘$98,740,000’’;

14 (2) in the item relating to Naval Station, Brem15 erton, Washington, by striking ‘‘$11,930,000’’ in the

16 amount column and inserting ‘‘$1,930,000’’; and

17 (3) by striking the amount identified as the

18 total in the amount column and inserting

19 ‘‘$799,497,000’’.

20 SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT

21 FISCAL YEAR 2000 PROJECT.

22 (a) MODIFICATION.—The table in section 2201(a) of

23 the Military Construction Authorization Act for Fiscal

24 Year 2000 (division B of Public Law 106–65; 113 Stat.

25 828) is amended—
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1 (1) in the item relating to Camp Smith, Ha2 waii, by striking ‘‘$86,050,000’’ in the amount col3 umn and inserting ‘‘$89,050,000’’; and

4 (2) by striking the amount identified as the

5 total in the amount column and inserting

6 ‘‘$820,230,000’’.

7 (b) CONFORMING AMENDMENT.—Section 2204(b)(3)

8 of that Act (113 Stat. 831) is amended by striking

9 ‘‘$70,180,000’’ and inserting ‘‘$73,180,000’’.

10 TITLE XXIII—AIR FORCE

11 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

12 LAND ACQUISITION PROJECTS.

13 (a) INSIDE THE UNITED STATES.—Using amounts

14 appropriated pursuant to the authorization of appropria15 tions in section 2304(a)(1), the Secretary of the Air Force

16 may acquire real property and carry out military construc17 tion projects for the installations and locations inside the

18 United States, and in the amounts, set forth in the fol19 lowing table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ................................ Maxwell Air Force Base ................... $34,400,000

Alaska ................................... Eareckson Air Force Base ............... $4,600,000

Elmendorf Air Force Base ............... $32,200,000

Arizona .................................. Davis-Monthan Air Force Base ........ $17,300,000

Arkansas ............................... Little Rock Air Force Base .............. $18,100,000

California .............................. Edwards Air Force Base .................. $16,300,000

Los Angeles Air Force Base ............. $23,000,000

Travis Air Force Base ...................... $16,400,000

Vandenberg Air Force Base ............. $11,800,000

Colorado ................................ Buckley Air Force Base ................... $23,200,000

Schriever Air Force Base ................. $19,000,000

United States Air Force Academy... $25,500,000

Delaware ............................... Dover Air Force Base ...................... $7,300,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

District of Columbia ............. Bolling Air Force Base ..................... $2,900,000

Florida .................................. Cape Canaveral Air Force Station ... $7,800,000

Eglin Air Force Base ....................... $11,400,000

Hurlburt Field .................................. $10,400,000

MacDill Air Force Base ................... $10,000,000

Tyndall Air Force Base .................... $15,050,000

Georgia .................................. Moody Air Force Base ..................... $8,600,000

Robins Air Force Base ..................... $14,650,000

Idaho ..................................... Mountain Home Air Force Base ...... $14,600,000

Louisiana .............................. Barksdale Air Force Base ................ $5,000,000

Maryland ............................... Andrews Air Force Base .................. $19,420,000

Massachusetts ....................... Hanscom Air Force Base ................. $9,400,000

Mississippi ............................. Columbus Air Force Base ................ $5,000,000

Keesler Air Force Base .................... $28,600,000

Montana ................................ Malmstrom Air Force Base .............. $4,650,000

Nebraska ............................... Offet Air Force Base ........................ $10,400,000

Nevada .................................. Nellis Air Force Base ....................... $31,600,000

New Jersey............................ McGuire Air Force Base .................. $36,550,000

New Mexico ........................... Cannon Air Force Base .................... $9,400,000

Kirtland Air Force Base .................. $15,500,000

North Carolina ...................... Pope Air Force Base ........................ $17,800,000

North Dakota ........................ Grand Forks Air Force Base ........... $7,800,000

Ohio ....................................... Wright-Patterson Air Force Base .... $24,850,000

Oklahoma .............................. Altus Air Force Base ....................... $20,200,000

Tinker Air Force Base ..................... $21,400,000

Vance Air Force Base ...................... $4,800,000

South Carolina ...................... Shaw Air Force Base ....................... $5,800,000

South Dakota ........................ Ellsworth Air Force Base ................. $12,000,000

Tennessee .............................. Arnold Air Force Base ..................... $24,400,000

Texas ..................................... Lackland Air Force Base ................. $12,800,000

Laughlin Air Force Base .................. $12,000,000

Sheppard Air Force Base ................. $37,000,000

Utah ...................................... Hill Air Force Base .......................... $14,000,000

Virginia ................................. Langley Air Force Base ................... $47,300,000

Washington ........................... Fairchild Air Force Base ................. $2,800,000

McChord Air Force Base ................. $20,700,000

Wyoming ............................... F.E. Warren Air Force Base ........... $10,200,000

Total: ........................................ $811,370,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the fol7 lowing table:
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Air Force: Outside the United States

Country Installation or location Amount

Germany................................ Ramstein Air Force Base ................. $42,900,000

Spangdahlem Air Base ..................... $8,700,000

Guam ..................................... Andersen Air Force Base ................. $10,150,000

Italy....................................... Aviano Air Base ............................... $11,800,000

Korea ..................................... Kunsan Air Base .............................. $12,000,000

Osan Air Base .................................. $101,142,000

Oman ..................................... Masirah Island .................................. $8,000,000

Turkey................................... Eskisehir ........................................... $4,000,000

United Kingdom .................... Royal Air Force, Lakenheath ........... $11,300,000

Royal Air Force, Mildenhall ............. $22,400,000

Wake Island .......................... Wake Island ...................................... $25,000,000

Total: ........................................ $257,392,000

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(3), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installation and location and in the

6 amount, set forth in the following table:

Air Force: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide .......... Classified Location ........................... $4,458,000

7 SEC. 2302. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2304(a)(6)(A), the Secretary of the

11 Air Force may construct or acquire family housing units

12 (including land acquisition) at the installations, for the

13 purposes, and in the amounts set forth in the following

14 table:

Air Force: Family Housing

State or country Installation or location Purpose Amount

Arizona ......................... Luke Air Force Base .. 120 Units ........ $15,712,000
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Air Force: Family Housing—Continued

State or country Installation or location Purpose Amount

California ...................... Travis Air Force Base 118 Units ........ $18,150,000

Colorado ....................... Buckley Air Force

Base.

55 Units .......... $11,400,000

Delaware ....................... Dover Air Force Base 120 Units ........ $18,145,000

District of Columbia ..... Bolling Air Force Base 136 Units ........ $16,926,000

Hawaii .......................... Hickam Air Force

Base.

102 Units ........ $25,037,000

Louisiana ...................... Barksdale Air Force

Base.

56 Units .......... $7,300,000

South Dakota ............... Ellsworth Air Force

Base.

78 Units .......... $13,700,000

Virginia ......................... Langley Air Force

Base.

4 Units ............ $1,200,000

Portugal ........................ Lajes Field, Azores ..... 64 Units .......... $13,230,000

Total: ....... $140,800,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(6)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $24,558,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2304(a)(6)(A),

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed

15 $375,379,000.
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1 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

2 FORCE.

3 (a) IN GENERAL.—Funds are hereby authorized to

4 be appropriated for fiscal years beginning after September

5 30, 2001, for military construction, land acquisition, and

6 military family housing functions of the Department of the

7 Air Force in the total amount of $2,587,791,000, as fol8 lows:

9 (1) For military construction projects inside the

10 United States authorized by section 2301(a),

11 $816,070,000.

12 (2) For military construction projects outside

13 the United States authorized by section 2301(b),

14 $257,392,000.

15 (3) For the military construction projects at

16 unspecified worldwide locations authorized by section

17 2301(c), $4,458,000.

18 (4) For unspecified minor construction projects

19 authorized by section 2805 of title 10, United States

20 Code, $11,250,000.

21 (5) For architectural and engineering services

22 and construction design under section 2807 of title

23 10, United States Code, $90,419,000.

24 (6) For military housing functions:
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1 (A) For construction and acquisition, plan2 ning and design, and improvement of military

3 family housing and facilities, $542,381,000.

4 (B) For support of military family housing

5 (including functions described in section 2833

6 of title 10, United States Code), $869,121,000.

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and

10 any other cost variation authorized by law, the total cost

11 of all projects carried out under section 2301 of this Act

12 may not exceed the total amount authorized to be appro13 priated under paragraphs (1), (2), and (3) of subsection

14 (a).

15 (c) ADJUSTMENT.—The total amount authorized to

16 be appropriated pursuant to paragraphs (1) through (6)

17 of subsection (a) is the sum of the amounts authorized

18 to be appropriated in such paragraphs reduced by

19 $3,300,000, which represents savings resulting from ad20 justments to foreign currency exchange rates for military

21 family housing construction and military family housing

22 support outside the United States.
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1 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 2001 PROJECT.

3 The table in section 2302(a) of the Military Construc4 tion Authorization Act for Fiscal Year 2001 (division B

5 of the Floyd D. Spence National Defense Authorization

6 Act for Fiscal Year 2001 (as enacted by Public Law 106–

7 398); 114 Stat. 1654A–400) is amended in the item relat8 ing to Mountain Home Air Force Base, Idaho, by striking

9 ‘‘119 Units’’ in the purpose column and inserting ‘‘46

10 Units’’.

11 TITLE XXIV—DEFENSE

12 AGENCIES

13 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC14 TION AND LAND ACQUISITION PROJECTS.

15 (a) INSIDE THE UNITED STATES.—Using amounts

16 appropriated pursuant to the authorization of appropria17 tions in section 2403(a)(1), the Secretary of Defense may

18 acquire real property and carry out military construction

19 projects for the installations and locations inside the

20 United States, and in the amounts, set forth in the fol21 lowing table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Education Activity.. Laurel Bay, South Carolina ............. $12,850,000

Marine Corps Base, Camp LeJeune,

North Carolina .............................. $8,857,000

Defense Logistics Agency..... Defense Distribution Depot Tracy,

California ...................................... $30,000,000

Defense Distribution Depot, Susquehanna, New Cumberland, Pennsylvania ............................................. $19,900,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Eielson Air Force Base, Alaska ....... $8,800,000

Fort Belvoir, Virginia ....................... $900,000

Grand Forks Air Force Base, North

Dakota .......................................... $9,110,000

Hickam Air Force Base, Hawaii ...... $29,200,000

McGuire Air Force Base, New Jersey................................................. $4,400,000

Minot Air Force Base, North Dakota ............................................... $14,000,000

Philadelphia, Pennsylvania ............... $2,429,000

Pope Air Force Base, North Carolina ................................................ $3,400,000

Special Operations Command Aberdeen Proving Ground, Maryland $3,200,000

Fort Benning, Georgia ..................... $5,100,000

Fort Bragg, North Carolina ............. $33,562,000

Fort Lewis, Washington ................... $6,900,000

Hurlburt Field, Florida .................... $13,400,000

MacDill Air Force Base, Florida ..... $12,000,000

Naval Station, San Diego, California $13,650,000

CONUS Classified ............................ $2,400,000

TRICARE Management Activity.Andrews Air Force Base, Maryland $10,250,000

Dyess Air Force Base, Texas ........... $3,300,000

F.E. Warren Air Force Base, Wyoming .............................................. $2,700,000

Fort Hood, Texas ............................. $12,200,000

Fort Stewart/Hunter Army Air

Field, Georgia ............................... $11,000,000

Holloman Air Force Base, New

Mexico ........................................... $5,700,000

Hurlburt Field, Florida .................... $8,800,000

Marine Corps Base, Camp Pendleton, California .......................... $15,300,000

Marine Corps Logistics Base, Albany, Georgia ................................ $5,800,000

Naval Air Station, Whidbey Island,

Washington ................................... $6,600,000

Naval Hospital, Twentynine Palms,

California ...................................... $1,600,000

Naval Station, Mayport, Florida ...... $24,000,000

Naval Station, Norfolk, Virginia ...... $21,000,000

Schriever Air Force Base, Colorado $4,000,000

Washington Headquarters

Services.

Pentagon Reservation, Virginia ........ $25,000,000

Total: ........................................ $391,308,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the
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1 United States, and in the amounts, set forth in the fol2 lowing table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Activity.. Aviano Air Base, Italy...................... $3,647,000

Geilenkirchen, Germany................... $1,733,000

Heidelberg, Germany........................ $3,312,000

Kaiserslautern, Germany.................. $1,439,000

Kitzingen, Germany.......................... $1,394,000

Landstuhl, Germany......................... $1,444,000

Ramstein Air Base, Germany........... $2,814,000

Royal Air Force, Feltwell, United

Kingdom ....................................... $22,132,000

Vogelweh Annex, Germany............... $1,558,000

Wiesbaden Air Base, Germany......... $1,378,000

Wuerzburg, Germany....................... $2,684,000

Defense Logistics Agency..... Andersen Air Force Base, Guam ..... $20,000,000

Camp Casey, Korea .......................... $5,500,000

Naval Station, Rota, Spain .............. $3,000,000

Yokota Air Base, Japan ................... $13,000,000

Office of Secretary of Defense.Comalapa Air Base, El Salvador ...... $12,577,000

TRICARE Management Activity.Heidelberg, Germany........................ $28,000,000

Lajes Field, Azores, Portugal .......... $3,750,000

Thule, Greenland .............................. $10,800,000

Total: ........................................ $140,162,000

3 SEC. 2402. ENERGY CONSERVATION PROJECTS.

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2405(a)(6), the Sec6 retary of Defense may carry out energy conservation

7 projects under section 2865 of title 10, United States

8 Code, in the amount of $35,600,000.

9 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE10 FENSE AGENCIES.

11 (a) IN GENERAL.—Funds are hereby authorized to

12 be appropriated for fiscal years beginning after September

13 30, 2001, for military construction, land acquisition, and

14 military family housing functions of the Department of
†

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1 Defense (other than the military departments), in the total

2 amount of $1,492,956,000, as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2401(a),

5 $391,308,000.

6 (2) For military construction projects outside

7 the United States authorized by section 2401(b),

8 $140,162,000.

9 (3) For unspecified minor construction projects

10 under section 2805 of title 10, United States Code,

11 $24,492,000.

12 (4) For contingency construction projects of the

13 Secretary of Defense under section 2804 of title 10,

14 United States Code, $10,000,000.

15 (5) For architectural and engineering services

16 and construction design under section 2807 of title

17 10, United States Code, $87,382,000.

18 (6) For energy conservation projects authorized

19 by section 2402 of this Act, $35,600,000.

20 (7) For base closure and realignment activities

21 as authorized by the Defense Base Closure and Re22 alignment Act of 1990 (part A of title XXIX of

23 Public Law 101–510; 10 U.S.C. 2687 note),

24 $592,200,000.

25 (8) For military family housing functions:
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1 (A) For improvement of military family

2 housing and facilities, $250,000.

3 (B) For support of military family housing

4 (including functions described in section 2833

5 of title 10, United States Code), $43,762,000 of

6 which not more than $37,298,000 may be obli7 gated or expended for the leasing of military

8 family housing units worldwide.

9 (C) For credit to the Department of De10 fense Family Housing Improvement Fund es11 tablished by section 2883(a)(1) of title 10,

12 United States Code, $2,000,000.

13 (9) For construction of the Ammunition Demili14 tarization Facility Phase 6, Pine Bluff Arsenal, Ar15 kansas, authorized in section 2401(a) of the Military

16 Construction Authorization Act for Fiscal Year 1995

17 (division B of Public Law 103–337; 108 Stat.

18 3040), as amended by section 2407 of the Military

19 Construction Authorization Act for Fiscal Year 1996

20 (division B of Public Law 104–106; 110 Stat. 538),

21 section 2408 of the Military Construction Authoriza22 tion Act for Fiscal Year 1998 (division B of Public

23 Law 105–85; 111 Stat. 1982), section 2406 of the

24 Military Construction Authorization Act for Fiscal

25 Year 1999 (division B of Public Law 105–261; 112
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1 Stat. 2197), and section 2408 of this Act,

2 $26,000,000.

3 (10) For construction of the Ammunition De4 militarization Facility Phase 3, Pueblo Army Depot,

5 Colorado, authorized in section 2401(a) of the Mili6 tary Construction Authorization Act for Fiscal Year

7 1997 (division B of Public Law 104–201; 110 Stat.

8 2775), as amended by section 2406 of the Military

9 Construction Authorization Act for Fiscal Year 2000

10 (division B of Public Law 106–65; 113 Stat. 839),

11 $11,000,000.

12 (11) For construction of the Ammunition De13 militarization Facility Phase 4, Newport Army

14 Depot, Indiana, authorized in section 2401(a) of the

15 Military Construction Authorization Act for Fiscal

16 Year 1999 (division B of Public Law 105–261; 112

17 Stat. 2193), $66,000,000.

18 (12) For construction of the Ammunition De19 militarization Facility phase 4, Aberdeen Proving

20 Ground, Maryland, authorized in section 2401(a) of

21 the Military Construction Authorization Act for Fis22 cal Year 1999 (112 Stat. 2193), as amended by sec23 tion 2407 of this Act, $66,500,000.

24 (13) For construction of the Ammunition De25 militarization Facility Phase 2, Blue Grass Army
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1 Depot, Kentucky, authorized in section 2401(a) of

2 the Military Construction Authorization Act for Fis3 cal Year 2000 (division B of Public Law 106–65;

4 113 Stat. 835), as amended by section 2406 of this

5 Act, $3,000,000.

6 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

7 PROJECTS.—Notwithstanding the cost variations author8 ized by section 2853 of title 10, United States Code, and

9 any other cost variation authorized by law, the total cost

10 of all projects carried out under section 2401 of this Act

11 may not exceed the total amount authorized to be appro12 priated under paragraphs (1) and (2) of subsection (a).

13 (c) ADJUSTMENT.—The total amount authorized to

14 be appropriated pursuant to paragraphs (1) through (8)

15 of subsection (a) is the sum of the amounts authorized

16 to be appropriated in such paragraphs reduced by

17 $1,700,000, which represents savings resulting from ad18 justments to foreign currency exchange rates for military

19 family housing construction and military family housing

20 support outside the United States.

21 SEC. 2404. CANCELLATION OF AUTHORITY TO CARRY OUT

22 CERTAIN FISCAL YEAR 2001 PROJECTS.

23 (a) CANCELLATION OF PROJECTS AT CAMP PEN24 DLETON, CALIFORNIA.—(1) The table in section 2401(a)

25 of the Military Construction Authorization Act for Fiscal
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1 Year 2001 (division B of the Floyd D. Spence National

2 Defense Authorization Act for Fiscal Year 2001 (as en3 acted by Public Law 106–398); 114 Stat. 1654A–402) is

4 amended—

5 (A) by striking the item relating to Marine

6 Corps Base, Camp Pendleton, California, under the

7 heading TRICARE Management Activity; and

8 (B) by striking the amount identified as the

9 total in the amount column and inserting

10 ‘‘$242,756,000’’.

11 (2) Of the amount authorized to be appropriated by

12 section 2403(a) of that Act (114 Stat. 1654A–404), and

13 paragraph (1) of that section, $14,150,000 shall be avail14 able for purposes relating to construction of the Ports15 mouth Naval Hospital, Virginia, as authorized by section

16 2401(a) of the Military Construction Authorization Act

17 for Fiscal Years 1990 and 1991 (division B of Public Law

18 101–189). Such amount is the amount authorized to be

19 appropriated by section 2403(a) of the Military Construc20 tion Authorization Act for Fiscal Year 2001 for purposes

21 authorized in section 2401(a) of that Act relating to Ma22 rine Corps Base, Camp Pendleton, California.

23 (b) CONFORMING AMENDMENTS.—Section 2403(a)

24 of that Act is amended—
†

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1 (1) in the matter preceding paragraph (1), by

2 striking ‘‘$1,883,902,000’’ and inserting

3 ‘‘$1,828,902,000’’; and

4 (2) in paragraph (3), by striking

5 ‘‘$85,095,000’’ and inserting ‘‘$30,095,000’’.

6 SEC. 2405. CANCELLATION OF AUTHORITY TO CARRY OUT

7 ADDITIONAL FISCAL YEAR 2001 PROJECT.

8 (a) CANCELLATION OF AUTHORITY.—Section

9 2401(c) the Military Construction Authorization Act for

10 Fiscal Year 2001 (division B of the Floyd D. Spence Na11 tional Defense Authorization Act for Fiscal Year 2001 (as

12 enacted by Public Law 106–398); 114 Stat. 1654A–404)

13 is amended by striking ‘‘$451,135,000’’ and inserting

14 ‘‘$30,095,000’’.

15 (b) CONFORMING AMENDMENTS.—Section 2403 of

16 that Act is amended—

17 (1) in subsection (a)—

18 (A) in the matter preceding paragraph (1),

19 by striking ‘‘$1,883,902,000’’ and inserting

20 ‘‘$1,828,902,000’’; and

21 (B) in paragraph (3), by striking

22 ‘‘$85,095,000’’ and inserting ‘‘$30,095,000’’;

23 and

24 (2) in subsection (b), by striking ‘‘may not ex25 ceed—’’ and all that follows through the end of the
†

36

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1 subsection and inserting ‘‘may not exceed the total

2 amount authorized to be appropriated under para3 graphs (1) and (2) of subsection (a).’’.

4 SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT

5 CERTAIN FISCAL YEAR 2000 PROJECTS.

6 (a) MODIFICATION.—The table in section 2401(a) of

7 the Military Construction Authorization Act for Fiscal

8 Year 2000 (division B of Public Law 106–65; 113 Stat.

9 835) is amended—

10 (1) in the item under the heading Chemical De11 militarization relating to Blue Grass Army Depot,

12 Kentucky, by striking ‘‘$206,800,000’’ and inserting

13 ‘‘$254,030,000’’;

14 (2) under the heading relating to TRICARE

15 Management Agency—

16 (A) in the item relating to Fort Wain17 wright, Alaska, by striking ‘‘$133,000,000’’ and

18 inserting ‘‘$215,000,000’’; and

19 (B) by striking the item relating to Naval

20 Air Station, Whidbey Island, Washington; and

21 (3) by striking the amount identified as the

22 total in the amount column and inserting

23 ‘‘$711,950,000’’.

24 (b) CONFORMING AMENDMENTS.—Section 2405(b)

25 of that Act (113 Stat. 839) is amended—
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1 (1) in paragraph (2), by striking

2 ‘‘$115,000,000’’ and inserting ‘‘$197,000,000’’; and

3 (2) in paragraph (3), by striking

4 ‘‘$184,000,000’’ and inserting ‘‘$231,230,000’’.

5 (c) TREATMENT OF AUTHORIZATION OF APPROPRIA6 TIONS FOR CANCELED PROJECT.—Of the amount author7 ized to be appropriated by section 2405(a) of that Act

8 (113 Stat. 837), and paragraph (1) of that section,

9 $4,700,000 shall be available for purposes relating to con10 struction of the Portsmouth Naval Hospital, Virginia, as

11 authorized by section 2401(a) of the Military Construction

12 Authorization Act for Fiscal Years 1990 and 1991 (divi13 sion B of Public Law 101–189). Such amount is the

14 amount authorized to be appropriated by section 2405(a)

15 of the Military Construction Authorization Act for Fiscal

16 Year 2000 for purposes authorized in section 2401(a) of

17 that Act relating to Naval Air Station, Whidbey Island,

18 Washington.

19 SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT

20 CERTAIN FISCAL YEAR 1999 PROJECT.

21 (a) MODIFICATION.—The table in section 2401(a) of

22 the Military Construction Authorization Act for Fiscal

23 Year 1999 (division B of Public Law 105–261; 112 Stat.

24 2193) is amended—
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1 (1) in the item under the agency heading

2 Chemical Demilitarization relating to Aberdeen

3 Proving Ground, Maryland, by striking

4 ‘‘$186,350,000’’ in the amount column and inserting

5 ‘‘$223,950,000’’; and

6 (2) by striking the amount identified as the

7 total in the amount column and inserting

8 ‘‘$727,616,000’’.

9 (b) CONFORMING AMENDMENT.—Section 2404(b)(3)

10 of that Act (112 Stat. 2196) is amended by striking

11 ‘‘$158,000,000’’ and inserting ‘‘$195,600,000’’.

12 SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT

13 CERTAIN FISCAL YEAR 1995 PROJECT.

14 The table in section 2401 of the Military Construc15 tion Authorization Act for Fiscal Year 1995 (division B

16 of Public Law 103–337; 108 Stat. 3040), as amended by

17 section 2407 of the Military Construction Authorization

18 Act for Fiscal Year 1996 (division B of Public Law 104–

19 106; 110 Stat. 539), section 2408 of the Military Con20 struction Authorization Act for Fiscal Year 1998 (division

21 B of Public Law 105–85; 111 Stat. 1982), and section

22 2406 of the Military Construction Authorization Act for

23 Fiscal Year 1999 (division B of Public Law 105–261; 112

24 Stat. 2197), is further amended under the agency heading

25 relating to Chemical Weapons and Munitions Destruction
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1 in the item relating to Pine Bluff Arsenal, Arkansas, by

2 striking ‘‘$154,400,000’’ in the amount column and in3 serting ‘‘$177,400,000’’.

4 TITLE XXV—NORTH ATLANTIC

5 TREATY ORGANIZATION SE6 CURITY INVESTMENT PRO7 GRAM

8 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

9 ACQUISITION PROJECTS.

10 The Secretary of Defense may make contributions for

11 the North Atlantic Treaty Organization Security Invest12 ment program as provided in section 2806 of title 10,

13 United States Code, in an amount not to exceed the sum

14 of the amount authorized to be appropriated for this pur15 pose in section 2502 and the amount collected from the

16 North Atlantic Treaty Organization as a result of con17 struction previously financed by the United States.

18 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

19 Funds are hereby authorized to be appropriated for

20 fiscal years beginning after September 30, 2001, for con21 tributions by the Secretary of Defense under section 2806

22 of title 10, United States Code, for the share of the United

23 States of the cost of projects for the North Atlantic Treaty

24 Organization Security Investment program authorized by

25 section 2501, in the amount of $162,600,000.
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1 TITLE XXVI—GUARD AND

2 RESERVE FORCES FACILITIES

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 There are authorized to be appropriated for fiscal

6 years beginning after September 30, 2001, for the costs

7 of acquisition, architectural and engineering services, and

8 construction of facilities for the Guard and Reserve

9 Forces, and for contributions therefor, under chapter

10 1803 of title 10, United States Code (including the cost

11 of acquisition of land for those facilities), the following

12 amounts:

13 (1) For the Department of the Army—

14 (A) for the Army National Guard of the

15 United States, $365,240,000; and

16 (B) for the Army Reserve, $111,404,000.

17 (2) For the Department of the Navy, for the

18 Naval and Marine Corps Reserve, $33,641,000.

19 (3) For the Department of the Air Force—

20 (A) for the Air National Guard of the

21 United States, $227,232,000; and

22 (B) for the Air Force Reserve,

23 $53,732,000.
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1 TITLE XXVII—EXPIRATION AND

2 EXTENSION OF AUTHORIZA3 TIONS

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

5 AMOUNTS REQUIRED TO BE SPECIFIED BY

6 LAW.

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles XXI through XXVI for military

10 construction projects, land acquisition, family housing

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Security Investment program

13 (and authorizations of appropriations therefor) shall ex14 pire on the later of—

15 (1) October 1, 2004; or

16 (2) the date of the enactment of an Act author17 izing funds for military construction for fiscal year

18 2005.

19 (b) EXCEPTION.—Subsection (a) shall not apply to

20 authorizations for military construction projects, land ac21 quisition, family housing projects and facilities, and con22 tributions to the North Atlantic Treaty Organization Se23 curity Investment program (and authorizations of appro24 priations therefor) for which appropriated funds have been

25 obligated before the later of—
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1 (1) October 1, 2004; or

2 (2) the date of the enactment of an Act author3 izing funds for fiscal year 2005 for military con4 struction projects, land acquisition, family housing

5 projects and facilities, or contributions to the North

6 Atlantic Treaty Organization Security Investment

7 program.

8 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

9 FISCAL YEAR 1999 PROJECTS.

10 (a) EXTENSION.—Notwithstanding section 2701 of

11 the Military Construction Authorization Act for Fiscal

12 Year 1999 (division B of Public Law 105–261; 112 Stat.

13 2199), authorizations set forth in the tables in subsection

14 (b), as provided in section 2302 or 2601 of that Act, shall

15 remain in effect until October 1, 2002, or the date of the

16 enactment of an Act authorizing funds for military con17 struction for fiscal year 2003, whichever is later.

18 (b) TABLES.—The tables referred to in subsection (a)

19 are as follows:

Air Force: Extension of 1999 Project Authorizations

State Installation or location Project Amount

Delaware ....................... Dover Air Force Base Replace Family

Housing (55

units).

$8,998,000

Florida .......................... Patrick Air Force Base Replace Family

Housing (46

units).

$9,692,000

New Mexico .................. Kirtland Air Force

Base.

Replace Family

Housing (37

units).

$6,400,000
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Air Force: Extension of 1999 Project Authorizations—Continued

State Installation or location Project Amount

Ohio .............................. Wright-Patterson Air

Force Base.

Replace Family

Housing (40

units).

$5,600,000

Army National Guard: Extension of 1999 Project Authorizations

State Installation or location Project Amount

Massachusetts ............... Westfield ...................... Army Aviation

Support Facility.

$9,274,000

South Carolina ............. Spartanburg ................ Readiness Center.$5,260,000

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1998 PROJECTS.

3 (a) EXTENSION.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal

5 Year 1998 (division B of Public Law 105–85; 111 Stat.

6 1984), authorizations set forth in the tables in subsection

7 (b), as provided in section 2102, 2202, or 2302 of that

8 Act and extended by section 2702 of the Military Con9 struction Authorization Act for Fiscal Year 2001 (division

10 B of the Floyd D. Spence National Defense Authorization

11 Act for Fiscal Year 2001 (as enacted by Public Law 106–

12 398; 114 Stat. 1654A–408)), shall remain in effect until

13 October 1, 2002, or the date of the enactment of an Act

14 authorizing funds for military construction for fiscal year

15 2003, whichever is later.

16 (b) TABLES.—The tables referred to in subsection (a)

17 are as follows:
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Army: Extension of 1998 Project Authorization

State Installation or location Project Amount

Maryland ...................... Fort Meade ................. Family Housing

Construction

(56 units).

$7,900,000

Navy: Extension of 1998 Project Authorizations

State Installation or location Project Amount

California ...................... Naval Complex, San

Diego.

Replacement

Family Housing Construction (94

units).

$13,500,000

California ...................... Marine Corps Air Station, Miramar.Family Housing

Construction

(166 units).

$28,881,000

Louisiana ...................... Naval Complex, New

Orleans.

Replacement

Family Housing Construction (100

units).

$11,930,000

Texas ............................ Naval Air Station, Corpus Christi.Family Housing

Construction

(212 units).

$22,250,000

Air Force: Extension of 1998 Project Authorization

State Installation or location Project Amount

New Mexico .................. Kirtland Air Force

Base.

Replace Family

Housing (180

units).

$20,900,000

1 SEC. 2704. EFFECTIVE DATE.

2 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI

3 shall take effect on the later of—

4 (1) October 1, 2001; or

5 (2) the date of the enactment of this Act.
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1 TITLE XXVIII—GENERAL

2 PROVISIONS

3 Subtitle A—Military Construction

4 Program and Military Family

5 Housing Changes

6 SEC. 2801. INCREASE IN THRESHOLDS FOR CERTAIN UN7 SPECIFIED MINOR MILITARY CONSTRUCTION

8 PROJECTS.

9 (a) PROJECTS REQUIRING ADVANCE APPROVAL OF

10 SECRETARY CONCERNED.—Subsection (b)(1) of section

11 2805 of title 10, United States Code, amended by striking

12 ‘‘$500,000’’ and inserting ‘‘$750,000’’.

13 (b) PROJECTS USING AMOUNTS FOR OPERATION

14 AND MAINTENANCE.—Subsection (c)(1) of that section is

15 amended—

16 (1) in subparagraph (A), by striking

17 ‘‘$1,000,000’’ and inserting ‘‘$1,500,000’’; and

18 (2) in subparagraph (B), by striking

19 ‘‘$500,000’’ and inserting ‘‘$750,000’’.
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1 SEC. 2802. UNFORESEEN ENVIRONMENTAL HAZARD REME2 DIATION AS BASIS FOR AUTHORIZED COST

3 VARIATIONS FOR MILITARY CONSTRUCTION

4 AND FAMILY HOUSING CONSTRUCTION

5 PROJECTS.

6 Subsection (d) of section 2853 of title 10, United

7 States Code, is amended to read as follows:

8 ‘‘(d) The limitation on cost increases in subsection

9 (a) does not apply to the following:

10 ‘‘(1) The settlement of a contractor claim under

11 a contract.

12 ‘‘(2) The cost of any environmental hazard re13 mediation required by law, including asbestos re14 moval, radon abatement, and lead-based paint re15 moval or abatement, if such remediation could not

16 have reasonably been anticipated at the time the

17 project was approved originally by Congress.’’.

18 SEC. 2803. REPEAL OF REQUIREMENT FOR ANNUAL RE19 PORTS TO CONGRESS ON MILITARY CON20 STRUCTION AND MILITARY FAMILY HOUSING

21 ACTIVITIES.

22 (a) REPEAL.—Section 2861 of title 10, United States

23 Code is repealed.

24 (b) CLERICAL AMENDMENT.—The table of sections

25 at the beginning of subchapter III of chapter 169 of such
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1 title is amended by striking the item relating to section

2 2861.

3 SEC. 2804. AUTHORITY AVAILABLE FOR LEASE OF PROP4 ERTY AND FACILITIES UNDER ALTERNATIVE

5 AUTHORITY FOR ACQUISITION AND IM6 PROVEMENT OF MILITARY HOUSING.

7 (a) LEASE AUTHORITIES AVAILABLE.—Section 2878

8 of title 10, United States Code, is amended—

9 (1) by redesignating subsections (c) and (d) as

10 subsections (d) and (e), respectively; and

11 (2) by inserting after subsection (b) the fol12 lowing new subsection (c):

13 ‘‘(c) LEASE AUTHORITIES AVAILABLE.—(1) The Sec14 retary concerned may use any authority or combination

15 of authorities available under section 2667 of this title in

16 leasing property or facilities under this section to the ex17 tent such property or facilities, as the case may be, are

18 described by subsection (a)(1) of such section 2667.

19 ‘‘(2) The limitation in subsection (b)(1) of section

20 2667 of this title shall not apply with respect to a lease

21 of property or facilities under this section.’’.

22 (b) CONFORMING AMENDMENT.—Subsection (e) of

23 that section, as redesignated by subsection (a) of this sec24 tion, is further amended—

25 (1) by striking paragraph (1); and
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1 (2) by redesignated paragraphs (2), (3), and

2 (4) as paragraphs (1), (2), and (3), respectively.

3 (c) TECHNICAL AMENDMENT.—Paragraph (3) of

4 subsection (e) of that section, as redesignated by this sec5 tion, is further amended by striking ‘‘Stewart B. McKin6 ney Homeless Assistance Act’’ and inserting ‘‘McKinney–

7 Vento Homeless Assistance Act’’.

8 SEC. 2805. FUNDS FOR HOUSING ALLOWANCES OF MEM9 BERS ASSIGNED TO MILITARY FAMILY HOUS10 ING UNDER ALTERNATIVE AUTHORITY FOR

11 ACQUISITION AND IMPROVEMENT OF MILI12 TARY HOUSING.

13 (a) IN GENERAL.—Subchapter IV of chapter 169 of

14 title 10, United States Code, is amended by inserting after

15 section 2883 the following new section:

16 ‘‘§ 2883a. Funds for housing allowances of members

17 of the armed forces assigned to certain

18 military family housing units

19 ‘‘To the extent provided in advance in appropriations

20 Acts, the Secretary of Defense may, during the fiscal year

21 in which a contract is awarded for the acquisition or con22 struction of military family housing units under this sub23 chapter that are not to be owned by the United States,

24 transfer from appropriations available for support of mili25 tary housing for the armed force concerned for that fiscal
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1 year to appropriations available for pay and allowances of

2 military personnel of that armed force for that fiscal year

3 amounts equal to any additional amounts payable during

4 that fiscal year to members of that armed force assigned

5 to such housing units as basic allowance for housing under

6 section 403 of title 37 that would not otherwise have been

7 payable to such members if not for assignment to such

8 housing units.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of that subchapter is amended by insert11 ing after the item relating to section 2883 the following

12 new item:

‘‘2883a. Funds for housing allowances of members of the armed forces assigned

to certain military family housing units.’’.

13 SEC. 2806. AMENDMENT OF FEDERAL ACQUISITION REGU14 LATION TO TREAT FINANCING COSTS AS AL15 LOWABLE EXPENSES UNDER CONTRACTS

16 FOR UTILITY SERVICES FROM UTILITY SYS17 TEMS CONVEYED UNDER PRIVATIZATION INI18 TIATIVE.

19 (a) DETERMINATION OF ADVISABILITY OF AMEND20 MENT.—Not later than 90 days after the date of the en21 actment of this Act, the Secretary of Defense shall deter22 mine whether or not it is advisable to modify the Federal

23 Acquisition Regulation in order to provide that a contract

24 for utility services from a utility system conveyed under
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1 section 2688(a) of title 10, United States Code, may in2 clude terms and conditions that recognize financing costs,

3 such as return on equity and interest on debt, as an allow4 able expense when incurred by the conveyee of the utility

5 system to acquire, operate, renovate, replace, upgrade, re6 pair, and expand the utility system.

7 (b) REPORT.—If as of the date that is 180 days after

8 the date of the enactment of this Act, the Federal Acquisi9 tion Regulatory Council has not modified the Federal Ac10 quisition Regulation to provide that a contract described

11 in subsection (a) may include terms and conditions de12 scribed in that subsection, or otherwise taken action to

13 provide that a contract referred to in that subsection may

14 include terms and conditions described in that subsection,

15 the Secretary shall submit to Congress on that date a re16 port setting forth a justification for the failure to take

17 such actions.

18 Subtitle B—Real Property and

19 Facilities Administration

20 SEC. 2811. AVAILABILITY OF PROCEEDS OF SALES OF DE21 PARTMENT OF DEFENSE PROPERTY FROM

22 CLOSED MILITARY INSTALLATIONS.

23 Section 204(h)(2) of the Federal Property and Ad24 ministrative Services Act of 1949 (40 U.S.C. 485(h)(2))
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1 is amended by striking subparagraphs (A) and (B) and

2 inserting the following new subparagraphs:

3 ‘‘(A) In the case of property located at a mili4 tary installation that is closed, such amount shall be

5 available for facility maintenance and repair or envi6 ronmental restoration by the military department

7 that had jurisdiction over such property before the

8 closure of the military installation.

9 ‘‘(B) In the case of property located at any

10 other military installation—

11 ‘‘(i) 50 percent of such amount shall be

12 available for facility maintenance and repair or

13 environmental restoration at the military instal14 lation where such property was located before it

15 was disposed of or transferred; and

16 ‘‘(ii) 50 percent of such amount shall be

17 available for facility maintenance and repair

18 and for environmental restoration by the mili19 tary department that had jurisdiction over such

20 property before it was disposed of or trans21 ferred.’’.

22 SEC. 2812. PILOT EFFICIENT FACILITIES INITIATIVE.

23 (a) INITIATIVE AUTHORIZED.—The Secretary of De24 fense may carry out a pilot program for purposes of deter25 mining the potential for increasing the efficiency and ef-
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1 fectiveness of the operation of military installations. The

2 pilot program shall be known as the ‘‘Pilot Efficient Fa3 cilities Initiative’’ (in this section referred to as the ‘‘Ini4 tiative’’).

5 (b) DESIGNATION OF PARTICIPATING FACILITIES.—

6 (1) The Secretary may designate up to two installations

7 of each military department for participation in the Initia8 tive.

9 (2) The Secretary shall transmit to the Committees

10 on Armed Services of the Senate and the House of Rep11 resentatives a written notification of each installation pro12 posed to be included in the Initiative not less than 30 days

13 before taking any action to carry out the Initiative at such

14 installation.

15 (3) The Secretary shall include in the notification re16 garding an installation designated for participation in the

17 Initiative a management plan for the Initiative at the in18 stallation. Each management plan for an installation shall

19 include the following:

20 (A) A description of—

21 (i) each proposed lease of real or personal

22 property located at the installation;

23 (ii) each proposed disposal of real or per24 sonal property located at the installation;
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1 (iii) each proposed leaseback of real or per2 sonal property leased or disposed of at the in3 stallation;

4 (iv) each proposed conversion of services at

5 the installation from Federal Government per6 formance to non-Federal Government perform7 ance, including performance by contract with a

8 State or local government or private entity or

9 performance as consideration for the lease or

10 disposal of property at the installation; and

11 (v) each other action proposed to be taken

12 to improve mission effectiveness and reduce the

13 cost of providing quality installation support at

14 the installation.

15 (B) With respect to each proposed action de16 scribed under subparagraph (A)—

17 (i) an estimate of the savings expected to

18 be achieved as a result of the action;

19 (ii) each regulation not required by statute

20 that is proposed to be waived to implement the

21 action; and

22 (iii) each statute or regulation required by

23 statute that is proposed to be waived to imple24 ment the action, including—
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1 (I) an explanation of the reasons for

2 the proposed waiver; and

3 (II) a description of the action to be

4 taken to protect the public interests served

5 by the statute or regulation, as the case

6 may be, proposed to be waived in the event

7 of the waiver.

8 (C) A description of the steps taken by the Sec9 retary to consult with employees at the facility, and

10 communities in the vicinity of the facility, regarding

11 the Initiative at the installation.

12 (D) Measurable criteria for the evaluation of

13 the effects of the actions to be taken pursuant to the

14 Initiative at the installation.

15 (c) WAIVER OF STATUTORY REQUIREMENTS.—The

16 Secretary of Defense may waive any statute or regulation

17 required by statute for purposes of carrying out the Initia18 tive only if specific authority for the waiver of such statute

19 or regulation is provided in an Act that is enacted after

20 the date of the enactment of this Act.

21 (d) INSTALLATION EFFICIENCY PROJECT FUND.—

22 (1) There is established on the books of the Treasury a

23 fund to be known as the ‘‘Installation Efficiency Project

24 Fund’’ (in this subsection referred to as the ‘‘Fund’’).
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1 (2) There shall be deposited in the Fund all cash

2 rents, payments, reimbursements, proceeds and other

3 amounts from leases, sales, or other conveyances or trans4 fers, joint activities, and other actions taken under the Ini5 tiative.

6 (3) To the extent provided in advance in authoriza7 tion Acts and appropriations Acts, amounts in the Fund

8 shall be available to the Secretary concerned for purposes

9 of managing capital assets and providing support services

10 at installations participating in the Initiative. Amounts in

11 the Fund may be used for such purposes in addition to,

12 or in combination with, other amounts authorized to ap13 propriated for such purposes. Amounts in the Fund shall

14 be available for such purposes for five years.

15 (4) Subject to applicable financial management regu16 lations, the Secretary of Defense shall structure the Fund,

17 and provide administrative policies and procedures, in

18 order provide proper control of deposits in and disburse19 ments from the Fund.

20 (e) TERMINATION.—The authority of the Secretary

21 to carry out the Initiative shall terminate four years after

22 the date of the enactment of this Act.

23 (f) REPORT.—Not later than three years after the

24 date of the enactment of this Act, the Secretary shall sub25 mit to the committees of Congress referred to in sub-
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1 section (b)(2) a report on the Initiative. The report shall

2 contain a description of the actions taken under the Initia3 tive and include such other information, including rec4 ommendations, as the Secretary considers appropriate in

5 light of the Initiative.

6 SEC. 2813. DEMONSTRATION PROGRAM ON REDUCTION IN

7 LONG-TERM FACILITY MAINTENANCE COSTS.

8 (a) AUTHORITY TO CARRY OUT PROGRAM.—Subject

9 to the provisions of this section, the Secretary of the Army

10 may conduct a demonstration program to assess the feasi11 bility and desirability of including facility maintenance re12 quirements in construction contracts for military construc13 tion projects. The purpose of the demonstration program

14 is to determine whether or not such requirements facilitate

15 reductions in the long-term facility maintenance costs of

16 the military departments.

17 (b) CONTRACTS.—(1) The demonstration program

18 shall cover contracts entered into on or after the date of

19 the enactment of this Act.

20 (2) Not more than three contracts entered into in any

21 year may contain requirements referred to in subsection

22 (a) for the purpose of the demonstration program.

23 (c) EFFECTIVE PERIOD OF REQUIREMENTS.—The

24 effective period of a requirement referred to in subsection

25 (a) that is included in a contract for the purpose of the
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1 demonstration program shall be any period elected by the

2 Secretary not in excess of five years.

3 (d) REPORTS.—(1) Not later than January 31, 2003,

4 and annually thereafter until the year following the ces5 sation of effectiveness of any requirements referred to in

6 subsection (a) in contracts under the demonstration pro7 gram, the Secretary shall submit to the congressional de8 fense committees a report on the demonstration program.

9 (2) Each report under paragraph (1) shall include,

10 for the year covered by such report, the following:

11 (A) A description of the contracts entered into

12 during the year that contain requirements referred

13 to in subsection (a) for the purpose of the dem14 onstration program.

15 (B) The experience of the Secretary during the

16 year with respect to any contracts containing re17 quirements referred to in subsection (a) for the pur18 pose of the demonstration program that were in

19 force during the year.

20 (3) The final report under this subsection shall in21 clude, in addition to the matters required under paragraph

22 (2), an evaluation of the demonstration program and any

23 recommendations, including recommendations for the ter24 mination, continuation, or expansion of the demonstration

25 program, that the Secretary considers appropriate.
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1 (e) EXPIRATION.—The authority under subsection

2 (a) to include requirements referred to in that subsection

3 in contracts under the demonstration program shall expire

4 on September 30, 2006.

5 (f) FUNDING.—Amounts authorized to be appro6 priated for the Army for a fiscal year for military con7 struction shall be available for the demonstration program

8 under this section in such fiscal year.

9 Subtitle C—Land Conveyances

10 SEC. 2821. LAND CONVEYANCE, ENGINEER PROVING

11 GROUND, FORT BELVOIR, VIRGINIA.

12 (a) CONVEYANCE AUTHORIZED.—The Secretary of

13 the Army may convey to the Commonwealth of Virginia

14 (in this section referred to as the ‘‘Commonwealth’’) all

15 right, title, and interest of United States in and to two

16 parcels of real property, including any improvements

17 thereon, located at the Engineer Proving Ground, Fort

18 Belvoir, Virginia, as follows:

19 (1) The parcel, consisting of approximately 170

20 acres, that is to be used for a portion of the Fairfax

21 County Parkway, including for construction of that

22 portion of the parkway.

23 (2) The parcel, consisting of approximately

24 11.45 acres, that is subject to an easement pre25 viously granted to the Commonwealth as Army ease-
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1 ment DACA 31–3–96–440 for the construction of a

2 portion of Interstate Highway 95.

3 (b) CONSIDERATION.—As consideration for the con4 veyance under subsection (a), the Commonwealth shall—

5 (1) design and construct, at its expense and for

6 public benefit, the portion of the Fairfax County

7 Parkway through the Engineer Proving Ground;

8 (2) provide a conceptual design for eventual in9 corporation and construction by others of access into

10 the Engineer Proving Ground at the Rolling Road

11 Interchange from Fairfax County Parkway as speci12 fied in Virginia Department of Transportation

13 Project #R000–029–249, C514;

14 (3) provide such easements or rights of way for

15 utilities under or across the Fairfax County Park16 way as the Secretary considers appropriate for the

17 optimum development of the Engineer Proving

18 Ground; and

19 (4) pay the United States an amount, jointly

20 determined by the Secretary and the Commonwealth,

21 appropriate to cover the costs of constructing a re22 placement building for building 5089 located on the

23 Engineer Proving Ground.

24 (c) RESPONSIBILITY FOR ENVIRONMENTAL CLEAN25 UP.—The Secretary shall retain liability under the Com-
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1 prehensive Environmental Response, Compensation, and

2 Liability Act of 1980 (42 U.S.C. 9601 et seq.), and any

3 other applicable environmental statute or regulation, for

4 any environmental hazard on the property conveyed under

5 subsection (a) as of the date of the conveyance under that

6 subsection.

7 (d) ACCEPTANCE AND DISPOSITION OF FUNDS.—(1)

8 The Secretary of the Army may accept the funds paid by

9 the Commonwealth as consideration under subsection

10 (b)(4) and shall credit the accepted funds to the appro11 priation or appropriations that are appropriate for paying

12 the costs of the replacement of Building 5089, located on

13 the Engineer Proving Ground, Fort Belvoir, Virginia, con14 sistent with paragraphs (2) and (3) of this subsection.

15 (2) Funds accepted under paragraph (1) shall be

16 available, until expended, for the replacement of Building

17 5089.

18 (3) Funds appropriated pursuant to the authorization

19 of appropriations in section 301(1), and funds appro20 priated pursuant to the authorization of appropriations in

21 section 2104(a)(4), shall be available in accordance with

22 section 2805 of title 10, United States Code, for the ex23 cess, if any, of the cost of the replacement of Building

24 5089 over the amount available for such project under

25 paragraph (2).
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1 (e) DESCRIPTION OF PROPERTY.—(1) The exact

2 acreage and legal description of the real property to be

3 conveyed under subsection (a)(1) shall be determined by

4 a survey satisfactory to the Secretary. The cost of the sur5 vey shall be borne by the Commonwealth.

6 (2) The exact acreage and legal description of the real

7 property to be conveyed under subsection (a)(2) are as set

8 forth in Army easement DACA 31–3–96–440.

9 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary may require such additional terms and conditions

11 in connection with the conveyance under subsection (a) as

12 the Secretary considers appropriate to protect the inter13 ests of the United States.

14 SEC. 2822. MODIFICATION OF AUTHORITY FOR CONVEY15 ANCE OF NAVAL COMPUTER AND TELE16 COMMUNICATIONS STATION, CUTLER, MAINE.

17 Section 2853(a) of the Military Construction Author18 ization Act for Fiscal Year 2001 (division B of the Floyd

19 D. Spence National Defense Authorization Act for Fiscal

20 Year 2001 (as enacted by Public Law 106–398); 114 Stat.

21 1654A–430) is amended by inserting ‘‘any or’’ before ‘‘all

22 right’’.
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1 SEC. 2823. LAND TRANSFER AND CONVEYANCE, NAVAL SE2 CURITY GROUP ACTIVITY, WINTER HARBOR,

3 MAINE.

4 (a) TRANSFER OF ADMINISTRATIVE JURISDIC5 TION.—(1) The Secretary of the Navy may transfer to the

6 Secretary of the Interior administrative jurisdiction of a

7 parcel of real property, including any improvements there8 on and appurtenances thereto, consisting of approximately

9 26 acres as generally depicted as Tract 15–116 on the

10 map entitled ‘‘Acadia National Park Schoodic Point

11 Area’’, numbered 123/80,418 and dated May 2001. The

12 map shall be on file and available for inspection in the

13 appropriate offices of the National Park Service.

14 (2) The transfer authorized by this subsection shall

15 occur, if at all, concurrently with the reversion of adminis16 trative jurisdiction of a parcel of real property consisting

17 of approximately 71 acres, as depicted as Tract 15–115

18 on the map referred to in paragraph (1), from the Sec19 retary of the Navy to the Secretary of the Interior as au20 thorized by Public Law 80–260 (61 Stat. 519) and to be

21 executed on or about June 30, 2002.

22 (b) CONVEYANCE AUTHORIZED.—The Secretary of

23 the Navy may convey, without consideration, to the State

24 of Maine, any political subdivision of the State of Maine,

25 or any tax-supported agency in the State of Maine, all

26 right, title, and interest of the United States in and to
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1 any of the parcels of real property, including any improve2 ments thereon and appurtenances thereto, consisting of

3 approximately 485 acres and comprising the former facili4 ties of the Naval Security Group Activity, Winter Harbor,

5 Maine, located in Hancock County, Maine, less the real

6 property described in subsection (a)(1), for the purpose

7 of economic redevelopment.

8 (c) TRANSFER OF PERSONAL PROPERTY.—The Sec9 retary of the Navy may transfer, without consideration,

10 to the Secretary of the Interior in the case of the real

11 property transferred under subsection (a), or to any recipi12 ent of such real property in the case of real property con13 veyed under subsection (b), any or all personal property

14 associated with such real property so transferred or con15 veyed, including any personal property required to con16 tinue the maintenance of the infrastructure of such real

17 property (including the generators for an uninterrupted

18 power supply in building 154 at the Corea site).

19 (d) MAINTENANCE OF PROPERTY PENDING CONVEY20 ANCE.—(1) The Secretary of the Navy shall maintain any

21 real property, including any improvements thereon, appur22 tenances thereto, and supporting infrastructure, to be con23 veyed under subsection (b) in accordance with the protec24 tion and maintenance standards specified in section 101–
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1 47.4913 of title 41, Code of Federal Regulations, until the

2 earlier of—

3 (A) the date of the conveyance of such real

4 property under subsection (b); or

5 (B) September 30, 2003.

6 (2) The requirement in paragraph (1) shall not be

7 construed as authority to improve the real property, im8 provements, and infrastructure referred to in that para9 graph so as to bring such real property, improvements,

10 or infrastructure into compliance with any zoning or prop11 erty maintenance codes or to repair any damage to such

12 improvements and infrastructure through an Act of God.

13 (e) INTERIM LEASE.—(1) Until such time as any par14 cel of real property to be conveyed under subsection (b)

15 is conveyed by deed under that subsection, the Secretary

16 of the Navy may lease such parcel to any person or entity

17 determined by the Secretary to be an appropriate lessee

18 of such parcel.

19 (2) The amount of rent for a lease under paragraph

20 (1) shall be the amount determined by the Secretary to

21 be appropriate, and may be an amount less than the fair

22 market value of the lease.

23 (3) Notwithstanding any other provision of law, the

24 Secretary shall credit any amount received for a lease of

25 real property under paragraph (1) to the appropriation or
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1 account providing funds for the operation and mainte2 nance of such property or for the procurement of utility

3 services for such property. Amounts so credited shall be

4 merged with funds in the appropriation or account to

5 which credited, and shall be available for the same pur6 poses, and subject to the same conditions and limitations,

7 as the funds with which merged.

8 (f) REIMBURSEMENT FOR ENVIRONMENTAL AND

9 OTHER ASSESSMENTS.—(1) The Secretary of the Navy

10 may require each recipient of real property conveyed under

11 subsection (b) to reimburse the Secretary for the costs in12 curred by the Secretary for any environmental assessment,

13 study, or analysis carried out by the Secretary with re14 spect to such property before completing the conveyance

15 under that subsection.

16 (2) The amount of any reimbursement required under

17 paragraph (1) shall be determined by the Secretary, but

18 may not exceed the cost of the assessment, study, or anal19 ysis for which reimbursement is required.

20 (3) Section 2695(c) of title 10, United States Code,

21 shall apply to any amount received by the Secretary under

22 this subsection.

23 (g) DESCRIPTION OF PROPERTY.—The exact acreage

24 and legal description of the real property transferred

25 under subsection (a), and each parcel of real property con-
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1 veyed under subsection (b), shall be determined by a sur2 vey satisfactory to the Secretary of the Navy. The cost

3 of any survey under the preceding sentence for real prop4 erty conveyed under subsection (b) shall be borne by the

5 recipient of the real property.

6 (h) ADDITIONAL TERMS AND CONDITIONS.—The

7 Secretary of the Navy may require such additional terms

8 and conditions in connection with any conveyance under

9 subsection (b), and any lease under subsection (e), as the

10 Secretary considers appropriate to protect the interests of

11 the United States.

12 SEC. 2824. CONVEYANCE OF SEGMENT OF LORING PETRO13 LEUM PIPELINE, MAINE, AND RELATED EASE14 MENTS.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of

16 the Air Force may convey, without consideration, to the

17 Loring Development Authority, Maine (in this section re18 ferred to as the ‘‘Authority’’), all right, title, and interest

19 of the United States in and to the segment of the Loring

20 Petroleum (POL) Pipeline, Maine, consisting of approxi21 mately 27 miles in length and running between the

22 Searsport terminal and Bangor Air National Guard Base.

23 (b) RELATED EASEMENTS.—As part of the convey24 ance authorized by subsection (a), the Secretary may con25 vey to the Authority, without consideration, all right, title,
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1 and interest of the United States in and to any easements

2 or rights-of-way necessary for the operation or mainte3 nance of the segment of pipeline conveyed under that sub4 section.

5 (c) REIMBURSEMENT FOR COSTS OF CONVEY6 ANCE.—(1) The Authority shall reimburse the Secretary

7 for the costs incurred by the Secretary for any environ8 mental assessment, study, or analysis, or for any other

9 expense incurred by the Secretary, for a conveyance au10 thorized by this section.

11 (2) The amount of the reimbursement under para12 graph (1) for an activity shall be determined by the Sec13 retary, but may not exceed the cost of the activity.

14 (3) Section 2695(c) of title 10, United States Code,

15 shall apply to any amount received by the Secretary under

16 this subsection.

17 (d) DESCRIPTION OF PROPERTY.—The exact acreage

18 and legal description of the segment of pipeline conveyed

19 under subsection (a), and of any easements or rights-of20 way conveyed under subsection (b), shall be determined

21 by surveys and other means satisfactory to the Secretary.

22 The cost of any survey or other services performed at the

23 direction of the Secretary under the preceding sentence

24 shall be borne by the Authority.
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1 (e) ADDITIONAL TERMS AND CONDITIONS.—The

2 Secretary may require such additional terms and condi3 tions in connection with the conveyances under this section

4 as the Secretary considers appropriate to protect the inter5 ests of the United States.

6 SEC. 2825. LAND CONVEYANCE, PETROLEUM TERMINAL

7 SERVING FORMER LORING AIR FORCE BASE

8 AND BANGOR AIR NATIONAL GUARD BASE,

9 MAINE.

10 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

11 of the Air Force may convey to the Maine Port Authority

12 of the State of Maine (in this section referred to as the

13 ‘‘Authority’’) all right, title, and interest of the United

14 States in and to the Petroleum Terminal (POL) at Mack

15 Point, Searsport, Maine, which served former Loring Air

16 Force Base and Bangor Air National Guard Base, Maine.

17 (2) The conveyance under paragraph (1) may include

18 the following:

19 (A) A parcel of real property, including any im20 provements thereon, consisting of approximately 20

21 acres and comprising a portion of the Petroleum

22 Terminal.

23 (B) Any additional fuel tanks, other improve24 ments, and equipment located on the 43-acre parcel

25 of property adjacent to the property described in
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1 subparagraph (A), and currently leased by the Sec2 retary, which constitutes the remaining portion of

3 the Petroleum Terminal.

4 (b) CONDITION OF CONVEYANCE.—The Secretary

5 may not make the conveyance under subsection (a) unless

6 the Authority agrees to utilize the property to be conveyed

7 under that subsection solely for economic development

8 purposes.

9 (c) CONSIDERATION.—(1) As consideration for the

10 conveyance under subsection (a), the Authority shall lease

11 to the Air Force approximately one acre of the real prop12 erty conveyed under that subsection, together with any im13 provements thereon, that constitutes the Aerospace Fuels

14 Laboratory (also known as Building 14).

15 (2) The real property leased under this subsection

16 shall include the parking lot, outbuildings, and other im17 provements associated with the Aerospace Fuels Labora18 tory and such easements of ingress and egress to the real

19 property, including easements for utilities, as are required

20 for the operations of the Aerospace Fuels Laboratory.

21 (3) As part of the lease of real property under this

22 subsection, the Authority shall maintain around the real

23 property for the term of the lease a zone, not less than

24 75 feet in depth, free of improvements or encumbrances.
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1 (4) The lease under this subsection shall be without

2 cost to the United States.

3 (5) The term of the lease under this subsection may

4 not exceed 25 years. If operations at the Aerospace Fuels

5 Laboratory cease before the expiration of the term of the

6 lease otherwise provided for under this subsection, the

7 lease shall be deemed to have expired upon the cessation

8 of such operations.

9 (d) CONVEYANCE CONTINGENT ON EXPIRATION OF

10 LEASE OF FUEL TANKS.—The Secretary may not make

11 the conveyance under subsection (a) until the expiration

12 of the lease referred to in paragraph (2)(B) of that sub13 section.

14 (e) ENVIRONMENTAL REMEDIATION.—The Secretary

15 may not make the conveyance under subsection (a) until

16 the completion of any environmental remediation required

17 by law with respect to the property to be conveyed under

18 that subsection.

19 (f) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—

20 (1) The Authority shall reimburse the Secretary for the

21 costs incurred by the Secretary for any environmental as22 sessment, study, or analysis, or for any other expense in23 curred by the Secretary, for the conveyance authorized by

24 subsection (a).
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1 (2) The amount of the reimbursement under para2 graph (1) for an activity shall be determined by the Sec3 retary, but may not exceed the cost of the activity.

4 (3) Section 2695(c) of title 10, United States Code,

5 shall apply to any amount received by the Secretary under

6 this subsection.

7 (g) DESCRIPTION OF PROPERTY.—The exact acreage

8 and legal description of the real property conveyed under

9 subsection (a) shall be determined by a survey satisfactory

10 to the Secretary. The cost of the survey shall be borne

11 by the Authority.

12 (h) ADDITIONAL TERMS AND CONDITIONS.—The

13 Secretary may require such additional terms and condi14 tions in connection with the conveyance under subsection

15 (a), and the lease under subsection (c), as the Secretary

16 considers appropriate to protect the interests of the

17 United States.

18 SEC. 2826. LAND CONVEYANCE, NAVAL WEAPONS INDUS19 TRIAL RESERVE PLANT, TOLEDO, OHIO.

20 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

21 of the Navy may convey, without consideration, to the To22 ledo-Lucas County Port Authority, Ohio (in this section

23 referred to as the ‘‘Port Authority’’), any or all right, title,

24 and interest of the United States in and to a parcel of

25 real property, including any improvements thereon, con-
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1 sisting of approximately 29 acres and comprising the

2 Naval Weapons Industrial Reserve Plant, Toledo, Ohio.

3 (2) The Secretary may include in the conveyance

4 under paragraph (1) such facilities, equipment, fixtures,

5 and other personal property located or based on the parcel

6 conveyed under that paragraph, or used in connection with

7 the parcel, as the Secretary determines to be excess to the

8 Navy.

9 (b) LEASE AUTHORITY.—Until such time as the real

10 property described in subsection (a)(1) is conveyed by

11 deed, the Secretary may lease such real property, and any

12 personal property described in subsection (a)(2), to the

13 Port Authority in exchange for such security, fire protec14 tion, and maintenance services as the Secretary considers

15 appropriate.

16 (c) CONDITIONS OF CONVEYANCE.—The conveyance

17 under subsection (a), and any lease under subsection (b),

18 shall be subject to the conditions that the Port

19 Authority—

20 (1) accept the real and personal property con21 cerned in their condition at the time of the convey22 ance or lease, as the case may be; and

23 (2) except as provided in subsection (d), use the

24 real and personal property concerned, whether di25 rectly or through an agreement with a public or pri-
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1 vate entity, for economic development or such other

2 public purposes as the Port Authority considers ap3 propriate.

4 (d) SUBSEQUENT USE.—(1) The Port Authority

5 may, following entry into a lease under subsection (b) for

6 real property, personal property, or both, sublease such

7 property for a purpose set forth in subsection (c)(2) if the

8 Secretary approves the sublease of such property for that

9 purpose.

10 (2) The Port Authority may, following the conveyance

11 of real property under subsection (a), lease or reconvey

12 such real property, and any personal property conveyed

13 with such real property under that subsection, for a pur14 pose set forth in subsection (c)(2).

15 (e) REIMBURSEMENT FOR COSTS OF CONVEYANCE

16 AND LEASE.—(1) The Port Authority shall reimburse the

17 Secretary for the costs incurred by the Secretary for any

18 environmental assessment, study, or analysis, or for any

19 other expense incurred by the Secretary, for the convey20 ance authorized by subsection (a) or any lease authorized

21 by subsection (b).

22 (2) The amount of the reimbursement under para23 graph (1) for an activity shall be determined by the Sec24 retary, but may not exceed the cost of the activity.
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1 (3) Section 2695(c) of title 10, United States Code,

2 shall apply to any amount received by the Secretary under

3 this subsection.

4 (f) DESCRIPTION OF PROPERTY.—The exact acreage

5 and legal of the real property to be conveyed under sub6 section (a)(1), and an appropriate inventory or other de7 scription of the personal property to be conveyed under

8 subsection (a)(2), shall be determined by a survey and

9 other means satisfactory to the Secretary.

10 (g) ADDITIONAL TERMS AND CONDITIONS.—The

11 Secretary may require such additional terms and condi12 tions in connection with the conveyance under subsection

13 (a)(1), and any lease under subsection (b), as the Sec14 retary considers appropriate to protect the interests of the

15 United States.

16 SEC. 2827. MODIFICATION OF LAND CONVEYANCE,

17 MUKILTEO TANK FARM, EVERETT, WASH18 INGTON.

19 (a) MODIFICATION.—Section 2866 of the Military

20 Construction Authorization Act for Fiscal Year 2001 (di21 vision B of the Floyd D. Spence National Defense Author22 ization Act for Fiscal Year 2001 (as enacted by Public

23 Law 106–398); 114 Stat. 436) is amended—

24 (1) in subsection (a), by striking ‘‘22 acres’’

25 and inserting ‘‘20.9 acres’’;
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1 (2) by redesignating subsections (b), (c), (d),

2 and (e) as subsections (c), (d), (e), and (f), respec3 tively; and

4 (3) by inserting after subsection (a) the fol5 lowing new subsection (b):

6 ‘‘(b) TRANSFER OF JURISDICTION.—(1) At the same

7 time the Secretary of the Air Force makes the conveyance

8 authorized by subsection (a), the Secretary shall transfer

9 to the Secretary of Commerce administrative jurisdiction

10 over a parcel of real property, including improvements

11 thereon, consisting of approximately 1.1 acres located at

12 the Mukilteo Tank Farm and including the National Ma13 rine Fisheries Service Mukilteo Research Center facility.

14 ‘‘(2) The Secretary of Commerce may, with the con15 sent of the Port, exchange with the Port all or any portion

16 of the property received under paragraph (1) for a parcel

17 of real property of equal area at the Mukilteo Tank Farm

18 that is owned by the Port.

19 ‘‘(3) The Secretary of Commerce shall administer the

20 property under the jurisdiction of the Secretary under this

21 subsection through the Administrator of the National Oce22 anic and Atmospheric Administration as part of the Ad23 ministration.

24 ‘‘(4) The Administrator shall use the property under

25 the jurisdiction of the Secretary of Commerce under this
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1 subsection as the location of a research facility, and may

2 construct a new facility on the property for such research

3 purposes as the Administrator considers appropriate.

4 ‘‘(5)(A) If after the 12-year period beginning on the

5 date of the enactment of the National Defense Authoriza6 tion Act for Fiscal Year 2002, the Administrator is not

7 using any portion of the real property under the jurisdic8 tion of the Secretary of Commerce under this subsection,

9 the Administrator shall convey, without consideration, to

10 the Port all right, title, and interest in and to such portion

11 of the real property, including improvements thereon.

12 ‘‘(B) The Port shall use any real property conveyed

13 to the Port under this paragraph for the purpose specified

14 in subsection (a).’’.

15 (b) CONFORMING AMENDMENT.—The section head16 ing for that section is amended to read as follows:

17 ‘‘SEC. 2866. LAND CONVEYANCE AND TRANSFER, MUKILTEO

18 TANK FARM, EVERETT, WASHINGTON.’’.

19 SEC. 2828. LAND CONVEYANCES, CHARLESTON AIR FORCE

20 BASE, SOUTH CAROLINA.

21 (a) CONVEYANCE TO STATE OF SOUTH CAROLINA

22 AUTHORIZED.—The Secretary of the Air Force may con23 vey, without consideration, to the State of South Carolina

24 (in this section referred to as the ‘‘State’’), all right, title,

25 and interest of the United States in and to a portion (as
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1 determined under subsection (c)) of the real property, in2 cluding any improvements thereon, consisting of approxi3 mately 24 acres at Charleston Air Force Base, South

4 Carolina, and comprising the Air Force Family Housing

5 Annex. The purpose of the conveyance is to facilitate the

6 Remount Road Project.

7 (b) CONVEYANCE TO CITY OF NORTH CHARLESTON

8 AUTHORIZED.—The Secretary may convey, without con9 sideration, to the City of North Charleston, South Caro10 lina (in this section referred to as the ‘‘City’’), all right,

11 title, and interest of the United States in and to a portion

12 (as determined under subsection (c)) of the real property,

13 including any improvements thereon, referred to in sub14 section (a). The purpose of the conveyance is to permit

15 the use of the property by the City for municipal purposes.

16 (c) DETERMINATION OF PORTIONS OF PROPERTY TO

17 BE CONVEYED.—(1) Subject to paragraph (2), the Sec18 retary, the State, and the City shall jointly determine the

19 portion of the property referred to in subsection (a) that

20 is to be conveyed to the State under subsection (a) and

21 the portion of the property that is to be conveyed to the

22 City under subsection (b).

23 (2) In determining under paragraph (1) the portions

24 of property to be conveyed under this section, the portion

25 to be conveyed to the State shall be the minimum portion
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1 of the property required by the State for the purpose spec2 ified in subsection (a), and the portion to be conveyed to

3 the City shall be the balance of the property.

4 (d) LIMITATION ON CONVEYANCES.—The Secretary

5 may not carry out the conveyance of property authorized

6 by subsection (a) or subsection (b) until the completion

7 of an assessment of environmental contamination of the

8 property authorized to be conveyed by such subsection for

9 purposes of determining responsibility for environmental

10 remediation of such property.

11 (e) DESCRIPTION OF PROPERTY.—The exact acreage

12 and legal description of the real property to be conveyed

13 under subsections (a) and (b) shall be determined by sur14 veys satisfactory to the Secretary. The cost of the survey

15 for the property to be conveyed under subsection (a) shall

16 be borne by the State, and the cost of the survey for the

17 property to be conveyed under subsection (b) shall be

18 borne by the City.

19 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions

21 in connection with the conveyances under subsections (a)

22 and (b) as the Secretary considers appropriate to protect

23 the interests of the United States.
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1 SEC. 2829. LAND CONVEYANCE, FORT DES MOINES, IOWA.

2 (a) CONVEYANCE AUTHORIZED.—The Secretary of

3 the Army may convey, without consideration, to Fort Des

4 Moines Memorial Park, Inc., a nonprofit organization (in

5 this section referred to as the ‘‘Memorial Park’’), all right,

6 title, and interest of the United States in and to a parcel

7 of real property, including improvements thereon, con8 sisting of approximately 4.6 acres located at Fort Des

9 Moines United States Army Reserve Center, Des Moines,

10 Iowa, for the purpose of the establishment of the Fort Des

11 Moines Memorial Park and Education Center.

12 (b) CONDITION OF CONVEYANCE.—The conveyance

13 under subsection (a) shall be subject to the condition that

14 the Memorial Park use the property for museum and park

15 purposes.

16 (c) REVERSION.—If the Secretary determines at any

17 time that the real property conveyed under subsection (a)

18 is not being used for museum and park purposes, all right,

19 title, and interest in and to the real property, including

20 any improvements thereon, shall revert to the United

21 States, and the United States shall have the right of im22 mediate entry thereon.

23 (d) REIMBURSEMENT FOR COSTS OF CONVEY24 ANCE.—(1) The Memorial Park shall reimburse the Sec25 retary for the costs incurred by the Secretary for any envi26 ronmental assessment, study, or analysis, or for any other
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1 expenses incurred by the Secretary, for the conveyance au2 thorized in (a).

3 (2) The amount of the reimbursement under para4 graph (1) for any activity shall be determined by the Sec5 retary, but may not exceed the cost of such activity.

6 (3) Section 2695(c) of title 10 United States Code,

7 shall apply to any amount received under this subsection.

8 (e) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the real property to be conveyed

10 under subsection (a) shall be determined by survey satis11 factory to the Secretary. The cost of the survey shall be

12 borne by the Memorial Park.

13 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require such additional terms and conditions

15 in connection with the conveyance under subsection (a) as

16 the Secretary considers appropriate to protect the inter17 ests of the United States.

18 SEC. 2830. LAND CONVEYANCES, CERTAIN FORMER MIN19 UTEMAN III ICBM FACILITIES IN NORTH DA20 KOTA.

21 (a) CONVEYANCES REQUIRED.—(1) The Secretary of

22 the Air Force may convey, without consideration, to the

23 State Historical Society of North Dakota (in this section

24 referred to as the ‘‘Historical Society’’) all right, title, and

25 interest of the United States in and to parcels of real
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1 property, together with any improvements thereon, of the

2 Minuteman III ICBM facilities of the former 321st Missile

3 Group at Grand Forks Air Force Base, North Dakota,

4 as follows:

5 (A) The parcel consisting of the launch facility

6 designated ‘‘November–33’’.

7 (B) The parcel consisting of the missile alert

8 facility and launch control center designated ‘‘Oscar9 O’’.

10 (2) The purpose of the conveyance of the facilities

11 is to provide for the establishment of an historical site al12 lowing for the preservation, protection, and interpretation

13 of the facilities.

14 (b) CONSULTATION.—The Secretary shall consult

15 with the Secretary of State and the Secretary of Defense

16 in order to ensure that the conveyances required by sub17 section (a) are carried out in accordance with applicable

18 treaties.

19 (c) HISTORIC SITE.—The Secretary may, in coopera20 tion with the Historical Society, enter into one or more

21 cooperative agreements with appropriate public or private

22 entities or individuals in order to provide for the establish23 ment and maintenance of the historic site referred to in

24 subsection (a)(2).
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1 SEC. 2831. LAND ACQUISITION, PERQUIMANS COUNTY,

2 NORTH CAROLINA.

3 The Secretary of the Navy may, using funds pre4 viously appropriated for such purpose, acquire any and all

5 right, title, and interest in and to a parcel of real property,

6 including improvements thereon, consisting of approxi7 mately 240 acres, or any portion thereof, in Perquimans

8 County, North Carolina, for purposes of including such

9 parcel in the Harvey Point Defense Testing Activity, Hert10 ford, North Carolina.

11 SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER,

12 KEWAUNEE, WISCONSIN.

13 (a) CONVEYANCE REQUIRED.—The Administrator of

14 General Services may convey, without consideration, to the

15 City of Kewaunee, Wisconsin (in this section referred to

16 as the ‘‘City’’), all right, title, and interest of the United

17 States in and to a parcel of Federal real property, includ18 ing improvements thereon, that is located at 401 5th

19 Street in Kewaunee, Wisconsin, and contains an excess

20 Army Reserve Center. After such conveyance, the property

21 may be used and occupied only by the City, or by another

22 local or State government entity approved by the City.

23 (b) DESCRIPTION OF PROPERTY.—The exact acreage

24 and legal description of the real property to be conveyed

25 under subsection (a) shall be determined by a survey satis-
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1 factory to the Administrator. The cost of the survey shall

2 be borne by the City.

3 (c) REVERSIONARY INTEREST.—During the 20-year

4 period beginning on the date the Administrator makes the

5 conveyance under subsection (a), if the Administrator de6 termines that the conveyed property is not being used and

7 occupied in accordance with such subsection, all right,

8 title, and interest in and to the property, including any

9 improvements thereon, shall revert to the United States.

10 Upon reversion, the United States shall immediately pro11 ceed to a public sale of the property.

12 (d) ADDITIONAL TERMS AND CONDITIONS.—(1) The

13 property shall not be used for commercial purposes.

14 (2) The Administrator may require such additional

15 terms and conditions in connection with the conveyance

16 under subsection (a) as the Administrator considers ap17 propriate to protect the interests of the United States.

18 SEC. 2833. TREATMENT OF AMOUNTS RECEIVED.

19 Any net proceeds received by the United States as

20 payment under subsection (c) of section 2832 shall be de21 posited into the Land and Water Conservation Fund.
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1 Subtitle D—Other Matters

2 SEC. 2841. DEVELOPMENT OF UNITED STATES ARMY HERIT3 AGE AND EDUCATION CENTER AT CARLISLE

4 BARRACKS, PENNSYLVANIA.

5 (a) AUTHORITY TO ENTER INTO AGREEMENT.—(1)

6 The Secretary of the Army may enter into an agreement

7 with the Military Heritage Foundation, a not-for-profit or8 ganization, for the design, construction, and operation of

9 a facility for the United States Army Heritage and Edu10 cation Center at Carlisle Barracks, Pennsylvania.

11 (2) The facility referred to in paragraph (1) is to be

12 used for curation and storage of artifacts, research facili13 ties, classrooms, and offices, and for education and other

14 activities, agreed to by the Secretary, relating to the herit15 age of the Army. The facility may also be used to support

16 such education and training as the Secretary considers ap17 propriate.

18 (b) DESIGN AND CONSTRUCTION.—The Secretary

19 may, at the election of the Secretary—

20 (1) accept funds from the Military Heritage

21 Foundation for the design and construction of the

22 facility referred to in subsection (a); or

23 (2) permit the Military Heritage Foundation to

24 contract for the design and construction of the facil25 ity.
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1 (c) ACCEPTANCE OF FACILITY.—(1) Upon satisfac2 tory completion, as determined by the Secretary, of the

3 facility referred to in subsection (a), and upon the satis4 faction of any and all financial obligations incident thereto

5 by the Military Heritage Foundation, the Secretary shall

6 accept the facility from the Military Heritage Foundation,

7 and all right, title, and interest in and to the facility shall

8 vest in the United States.

9 (2) Upon becoming property of the United States, the

10 facility shall be under the jurisdiction of the Secretary.

11 (d) USE OF CERTAIN GIFTS.—(1) Under regulations

12 prescribed by the Secretary, the Commandant of the Army

13 War College may, without regard to section 2601 of title

14 10, United States Code, accept, hold, administer, invest,

15 and spend any gift, devise, or bequest of personnel prop16 erty of a value of $250,000 or less made to the United

17 States if such gift, devise, or bequest is for the benefit

18 of the United States Army Heritage and Education Cen19 ter.

20 (2) The Secretary may pay or authorize the payment

21 of any reasonable and necessary expense in connection

22 with the conveyance or transfer of a gift, devise, or be23 quest under this subsection.

24 (e) ADDITIONAL TERMS AND CONDITIONS.—The

25 Secretary may require such additional terms and condi-
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1 tions in connection with the agreement authorized to be

2 entered into by subsection (a) as the Secretary considers

3 appropriate to protect the interest of the United States.

4 SEC. 2842. REPEAL OF LIMITATION ON COST OF RENOVA5 TION OF PENTAGON RESERVATION.

6 Section 2864 of the Military Construction Authoriza7 tion Act for Fiscal Year 1997 (division B of Public Law

8 104–201; 110 Stat. 2806) is repealed.

9 SEC. 2843. NAMING OF PATRICIA C. LAMAR ARMY NA10 TIONAL GUARD READINESS CENTER, OX11 FORD, MISSISSIPPI.

12 (a) DESIGNATION.—The Oxford Army National

13 Guard Readiness Center, Oxford, Mississippi, shall be

14 known and designated as the ‘‘Patricia C. Lamar Army

15 National Guard Readiness Center’’.

16 (b) REFERENCE TO READINESS CENTER.—Any ref17 erence to the Oxford Army National Guard Readiness

18 Center, Oxford, Mississippi, in any law, regulation, map,

19 document, record, or other paper of the United States

20 shall be considered to be a reference to the Patricia C.

21 Lamar Army National Guard Readiness Center.

22 SEC. 2844. CONSTRUCTION OF PARKING GARAGE AT FORT

23 DERUSSY, HAWAII.

24 (a) AUTHORITY TO ENTER INTO AGREEMENT FOR

25 CONSTRUCTION.—The Secretary of the Army may author-
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1 ize the Army Morale, Welfare, and Recreation Fund, a

2 non-appropriated fund instrumentality of the Department

3 of Defense (in this section referred to as the ‘‘Fund’’),

4 to enter into an agreement with a governmental, quasi5 governmental, or commercial entity for the construction

6 of a parking garage at Fort DeRussy, Hawaii.

7 (b) FORM OF AGREEMENT.—The agreement under

8 subsection (a) may take the form of a non-appropriated

9 fund contract, conditional gift, or other agreement deter10 mined by the Fund to be appropriate for purposes of con11 struction of the parking garage.

12 (c) USE OF PARKING GARAGE BY PUBLIC.—The

13 agreement under subsection (a) may permit the use by the

14 general public of the parking garage constructed under the

15 agreement if the Fund determines that use of the parking

16 garage by the general public will be advantageous to the

17 Fund.

18 (d) TREATMENT OF REVENUES OF FUND PARKING

19 GARAGES AT FORT DERUSSY.—Notwithstanding any

20 other provision of law, amounts received by the Fund by

21 reason of operation of parking garages at Fort DeRussy,

22 including the parking garage constructed under the agree23 ment under subsection (a), shall be treated as non-appro24 priated funds, and shall accrue to the benefit of the Fund
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1 or its component funds, including the Armed Forces

2 Recreation Center–Hawaii (Hale Koa Hotel).

3 SEC. 2845. ACCEPTANCE OF CONTRIBUTIONS TO REPAIR

4 OR ESTABLISHMENT MEMORIAL AT PEN5 TAGON RESERVATION.

6 (a) AUTHORITY TO ACCEPT CONTRIBUTIONS.—The

7 Secretary of Defense may accept contributions made for

8 the purpose of establishing a memorial or assisting in the

9 repair of the damage caused to the Pentagon Reservation

10 by the terrorist attack that occurred on September 11,

11 2001.

12 (b) DEPOSIT OF CONTRIBUTIONS.—The Secretary

13 shall deposit contributions accepted under subsection (a)

14 in the Pentagon Reservation Maintenance Revolving Fund

15 established by section 2674(e) of title 10, United States

16 Code.

17 TITLE XXIX—DEFENSE BASE

18 CLOSURE AND REALIGNMENT

19 Subtitle A—Modifications of 1990

20 Base Closure Law

21 SEC. 2901. AUTHORITY TO CARRY OUT BASE CLOSURE

22 ROUND IN 2003.

23 (a) COMMISSION MATTERS.—

24 (1) APPOINTMENT.—Section 2902(c)(1) of the

25 Defense Base Closure and Realignment Act of 1990
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1 (part A of title XXIX of Public Law 101–510; 10

2 U.S.C. 2687 note) is amended—

3 (A) in subparagraph (B)—

4 (i) by striking ‘‘and’’ at the end of

5 clause (ii);

6 (ii) by striking the period at the end

7 of clause (iii) and inserting ‘‘; and’’; and

8 (iii) by adding at the end the fol9 lowing new clause:

10 ‘‘(iv) by no later than January 24, 2003, in the

11 case of members of the Commission whose terms will

12 expire at the end of the first session of the 108th

13 Congress.’’; and

14 (B) in subparagraph (C), by striking ‘‘or

15 for 1995 in clause (iii) of such subparagraph’’

16 and inserting ‘‘, for 1995 in clause (iii) of that

17 subparagraph, or for 2003 in clause (iv) of that

18 subparagraph’’.

19 (2) MEETINGS.—Section 2902(e) of that Act is

20 amended by striking ‘‘and 1995’’ and inserting

21 ‘‘1995, and 2003’’.

22 (3) FUNDING.—Section 2902(k) of that Act is

23 amended by adding at the end the following new

24 paragraph (4):
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1 ‘‘(4) If no funds are appropriated to the Commission

2 by the end of the second session of the 107th Congress

3 for the activities of the Commission in 2003, the Secretary

4 may transfer to the Commission for purposes of its activi5 ties under this part in that year such funds as the Com6 mission may require to carry out such activities. The Sec7 retary may transfer funds under the preceding sentence

8 from any funds available to the Secretary. Funds so trans9 ferred shall remain available to the Commission for such

10 purposes until expended.’’.

11 (4) TERMINATION.—Section 2902(l) of that Act

12 is amended by striking ‘‘December 31, 1995’’ and

13 inserting ‘‘December 31, 2003’’.

14 (b) PROCEDURES.—

15 (1) FORCE-STRUCTURE PLAN.—Section 2903(a)

16 of that Act is amended—

17 (A) by redesignating paragraphs (2) and

18 (3) as paragraphs (3) and (4), respectively;

19 (B) by inserting after paragraph (1) the

20 following new paragraph (2):

21 ‘‘(2)(A) As part of the budget justification documents

22 submitted to Congress in support of the budget for the

23 Department of Defense for fiscal year 2003, the Secretary

24 shall include a force-structure plan for the Armed Forces

25 based on the assessment of the Secretary in the quadren-
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1 nial defense review under section 118 of title 10, United

2 States Code, in 2001 of the probable threats to the na3 tional security during the twenty-year period beginning

4 with fiscal year 2003.

5 ‘‘(B) The Secretary may revise the force-structure

6 plan submitted under subparagraph (A). If the Secretary

7 revises the force-structure plan, the Secretary shall submit

8 the revised force-structure plan to Congress as part of the

9 budget justification documents submitted to Congress in

10 support of the budget for the Department of Defense for

11 fiscal year 2004.’’; and

12 (C) in paragraph (3), as redesignated by

13 subparagraph (A) of this paragraph—

14 (i) in the matter preceding subpara15 graph (A), by striking ‘‘Such plan’’ and in16 serting ‘‘Each force-structure plan under

17 this subsection’’; and

18 (ii) in subparagraph (A), by striking

19 ‘‘referred to in paragraph (1)’’ and insert20 ing ‘‘on which such force-structure plan is

21 based’’.

22 (2) SELECTION CRITERIA.—Section 2903(b) of

23 that Act is amended—

24 (A) in paragraph (1), by inserting ‘‘and by

25 no later than December 31, 2001, for purposes
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1 of activities of the Commission under this part

2 in 2003,’’ after ‘‘December 31, 1990,’’; and

3 (B) in paragraph (2)(A)—

4 (i) in the first sentence, by inserting

5 ‘‘and by no later than February 15, 2002,

6 for purposes of activities of the Commis7 sion under this part in 2003,’’ after ‘‘Feb8 ruary 15, 1991,’’; and

9 (ii) in the second sentence, by insert10 ing ‘‘, or enacted on or before March 31,

11 2002, in the case of criteria published and

12 transmitted under the preceding sentence

13 in 2001’’ after ‘‘March 15, 1991’’.

14 (3) DEPARTMENT OF DEFENSE RECOMMENDA15 TIONS.—Section 2903(c)(1) of that Act is amended

16 by striking ‘‘and March 1, 1995’’ and inserting

17 ‘‘March 1, 1995, and March 14, 2003’’.

18 (4) COMMISSION REVIEW AND RECOMMENDA19 TIONS.—Section 2903(d) of that Act is amended—

20 (A) in paragraph (2)(A), by inserting ‘‘or

21 by no later than July 7 in the case of rec22 ommendations in 2003,’’ after ‘‘pursuant to

23 subsection (c),’’;
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1 (B) in paragraph (4), by inserting ‘‘or

2 after July 7 in the case of recommendations in

3 2003,’’ after ‘‘under this subsection,’’; and

4 (C) in paragraph (5)(B), by inserting ‘‘or

5 by no later than May 1 in the case of such rec6 ommendations in 2003,’’ after ‘‘such rec7 ommendations,’’.

8 (5) REVIEW BY PRESIDENT.—Section 2903(e)

9 of that Act is amended—

10 (A) in paragraph (1), by inserting ‘‘or by

11 no later than July 22 in the case of rec12 ommendations in 2003,’’ after ‘‘under sub13 section (d),’’;

14 (B) in the second sentence of paragraph

15 (3), by inserting ‘‘or by no later than August

16 18 in the case of 2003,’’ after ‘‘the year con17 cerned,’’; and

18 (C) in paragraph (5), by inserting ‘‘or by

19 September 3 in the case of recommendations in

20 2003,’’ after ‘‘under this part,’’.

21 (c) RELATIONSHIP TO OTHER BASE CLOSURE AU22 THORITY.—Section 2909(a) of that Act is amended by

23 striking ‘‘December 31, 1995,’’ and inserting ‘‘December

24 31, 2003,’’.
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1 SEC. 2902. BASE CLOSURE ACCOUNT 2003.

2 (a) ESTABLISHMENT.—The Defense Base Closure

3 and Realignment Act of 1990 (part A of title XXIX of

4 Public Law 101–510; 10 U.S.C. 2687 note) is amended

5 by inserting after section 2906 the following new section:

6 ‘‘SEC. 2906A. BASE CLOSURE ACCOUNT 2003.

7 ‘‘(a) IN GENERAL.—(1) There is hereby established

8 on the books of the Treasury an account to be known as

9 the ‘Department of Defense Base Closure Account 2003’

10 (in this section referred to as the ‘Account’). The Account

11 shall be administered by the Secretary as a single account.

12 ‘‘(2) There shall be deposited into the Account—

13 ‘‘(A) funds authorized for and appropriated to

14 the Account;

15 ‘‘(B) any funds that the Secretary may, subject

16 to approval in an appropriation Act, transfer to the

17 Account from funds appropriated to the Department

18 of Defense for any purpose, except that such funds

19 may be transferred only after the date on which the

20 Secretary transmits written notice of, and justifica21 tion for, such transfer to the congressional defense

22 committees; and

23 ‘‘(C) except as provided in subsection (d), pro24 ceeds received from the lease, transfer, or disposal of

25 any property at a military installation that is closed

26 or realigned under this part pursuant to a closure or
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1 realignment the date of approval of which is after

2 September 30, 2003.

3 ‘‘(3) The Account shall be closed at the time and in

4 the manner provided for appropriation accounts under sec5 tion 1555 of title 31, United States Code. Unobligated

6 funds which remain in the Account upon closure shall be

7 held by the Secretary of the Treasury until transferred

8 by law after the congressional defense committees receive

9 the final report transmitted under subsection (c)(2).

10 ‘‘(b) USE OF FUNDS.—(1) The Secretary may use

11 the funds in the Account only for the purposes described

12 in section 2905 with respect to military installations the

13 date of approval of closure or realignment of which is after

14 September 30, 2003.

15 ‘‘(2) When a decision is made to use funds in the

16 Account to carry out a construction project under section

17 2905(a) and the cost of the project will exceed the max18 imum amount authorized by law for a minor military con19 struction project, the Secretary shall notify in writing the

20 congressional defense committees of the nature of, and

21 justification for, the project and the amount of expendi22 tures for such project. Any such construction project may

23 be carried out without regard to section 2802(a) of title

24 10, United States Code.
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1 ‘‘(c) REPORTS.—(1)(A) No later than 60 days after

2 the end of each fiscal year in which the Secretary carries

3 out activities under this part using amounts in the Ac4 count, the Secretary shall transmit a report to the con5 gressional defense committees of the amount and nature

6 of the deposits into, and the expenditures from, the Ac7 count during such fiscal year and of the amount and na8 ture of other expenditures made pursuant to section

9 2905(a) during such fiscal year.

10 ‘‘(B) The report for a fiscal year shall include the

11 following:

12 ‘‘(i) The obligations and expenditures from the

13 Account during the fiscal year, identified by sub14 account, for each military department and Defense

15 Agency.

16 ‘‘(ii) The fiscal year in which appropriations for

17 such expenditures were made and the fiscal year in

18 which funds were obligated for such expenditures.

19 ‘‘(iii) Each military construction project for

20 which such obligations and expenditures were made,

21 identified by installation and project title.

22 ‘‘(iv) A description and explanation of the ex23 tent, if any, to which expenditures for military con24 struction projects for the fiscal year differed from

25 proposals for projects and funding levels that were
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1 included in the justification transmitted to Congress

2 under section 2907(1), or otherwise, for the funding

3 proposals for the Account for such fiscal year, in4 cluding an explanation of—

5 ‘‘(I) any failure to carry out military con6 struction projects that were so proposed; and

7 ‘‘(II) any expenditures for military con8 struction projects that were not so proposed.

9 ‘‘(2) No later than 60 days after the termination of

10 the authority of the Secretary to carry out a closure or

11 realignment under this part with respect to military instal12 lations the date of approval of closure or realignment of

13 which is after September 30, 2003, and no later than 60

14 days after the closure of the Account under subsection

15 (a)(3), the Secretary shall transmit to the congressional

16 defense committees a report containing an accounting

17 of—

18 ‘‘(A) all the funds deposited into and expended

19 from the Account or otherwise expended under this

20 part with respect to such installations; and

21 ‘‘(B) any amount remaining in the Account.

22 ‘‘(d) DISPOSAL OR TRANSFER OF COMMISSARY

23 STORES AND PROPERTY PURCHASED WITH NON24 APPROPRIATED FUNDS.—(1) If any real property or facil25 ity acquired, constructed, or improved (in whole or in part)
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1 with commissary store funds or nonappropriated funds is

2 transferred or disposed of in connection with the closure

3 or realignment of a military installation under this part

4 the date of approval of closure or realignment of which

5 is after September 30, 2003, a portion of the proceeds

6 of the transfer or other disposal of property on that instal7 lation shall be deposited in the reserve account established

8 under section 204(b)(7)(C) of the Defense Authorization

9 Amendments and Base Closure and Realignment Act (10

10 U.S.C. 2687 note).

11 ‘‘(2) The amount so deposited shall be equal to the

12 depreciated value of the investment made with such funds

13 in the acquisition, construction, or improvement of that

14 particular real property or facility. The depreciated value

15 of the investment shall be computed in accordance with

16 regulations prescribed by the Secretary of Defense.

17 ‘‘(3) The Secretary may use amounts in the account

18 (in such an aggregate amount as is provided in advance

19 in appropriation Acts) for the purpose of acquiring, con20 structing, and improving—

21 ‘‘(A) commissary stores; and

22 ‘‘(B) real property and facilities for non23 appropriated fund instrumentalities.

24 ‘‘(4) In this subsection, the terms ‘commissary store

25 funds’, ‘nonappropriated funds’, and ‘nonappropriated
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1 fund instrumentality’ shall have the meaning given those

2 terms in section 2906(d)(4).

3 ‘‘(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR

4 ENVIRONMENTAL RESTORATION PROJECTS.—Except as

5 provided in section 2906(e) with respect to funds in the

6 Department of Defense Base Closure Account 1990 under

7 section 2906 and except for funds deposited into the Ac8 count under subsection (a), funds appropriated to the De9 partment of Defense may not be used for purposes de10 scribed in section 2905(a)(1)(C). The prohibition in this

11 subsection shall expire upon the closure of the Account

12 under subsection (a)(3).’’.

13 (b) CONFORMING AMENDMENTS.—Section 2906 of

14 that Act is amended—

15 (1) in subsection (a)(2)(C), by inserting ‘‘the

16 date of approval of closure or realignment of which

17 is before September 30, 2003’’ after ‘‘under this

18 part’’;

19 (2) in subsection (b)(1), by inserting ‘‘with re20 spect to military installations the date of approval of

21 closure or realignment of which is before September

22 30, 2003,’’ after ‘‘section 2905’’;

23 (3) in subsection (c)(2)—

24 (A) in the matter preceding subparagraph

25 (A), by inserting ‘‘with respect to military in-
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1 stallations the date of approval of closure or re2 alignment of which is before September 30,

3 2003,’’ after ‘‘under this part’’; and

4 (B) in subparagraph (A), by inserting

5 ‘‘with respect to such installations’’ after

6 ‘‘under this part’’;

7 (4) in subsection (d)(1), by inserting ‘‘the date

8 of approval of closure or realignment of which is be9 fore September 30, 2003’’ after ‘‘under this part’’;

10 and

11 (5) in subsection (e), by striking ‘‘Except for’’

12 and inserting ‘‘Except as provided in section

13 2906A(e) with respect to funds in the Department

14 of Defense Base Closure Account 2001 under sec15 tion 2906A and except for’’.

16 (c) CLERICAL AMENDMENT.—The section heading of

17 section 2906 of that Act is amended to read as follows:

18 ‘‘SEC. 2906. BASE CLOSURE ACCOUNT 1990.’’.

19 SEC. 2903. ADDITIONAL MODIFICATIONS OF BASE CLOSURE

20 AUTHORITIES.

21 (a) INCREASE IN MEMBERS OF COMMISSION.—Sec22 tion 2902(c)(1)(A) of the Defense Base Closure and Re23 alignment Act of 1990 (part A of title XXIX of Public

24 Law 101–510; 10 U.S.C. 2867 note) is amended by strik25 ing ‘‘eight members’’ and inserting ‘‘nine members’’.
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1 (b) SELECTION CRITERIA.—Section 2903(b) of that

2 Act is amended by adding at the end the following new

3 paragraphs:

4 ‘‘(3) The selection criteria shall ensure that military

5 value is the primary consideration in the making of rec6 ommendations for the closure or realignment of military

7 installations under this part.

8 ‘‘(4) Any selection criteria proposed by the Secretary

9 relating to the cost savings or return on investment from

10 the proposed closure or realignment of a military installa11 tion shall take into account the effect of the proposed clo12 sure or realignment on the costs of any other Federal

13 agency that may be required to assume responsibility for

14 activities at the military installation.’’.

15 (c) DEPARTMENT OF DEFENSE RECOMMENDATIONS

16 TO COMMISSION.—Section 2903(c) of that Act is

17 amended—

18 (1) by redesignating paragraphs (1), (2), (3),

19 (4), (5), and (6) as paragraphs (2), (3), (4), (6),

20 (7), and (8), respectively;

21 (2) by inserting before paragraph (2), as so re22 designated, by the following new paragraph (1):

23 ‘‘(1) The Secretary shall carry out a comprehensive

24 review of the military installations of the Department of

25 Defense inside the United States based on the force-struc-
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1 ture plan submitted under subsection (a)(2), and the final

2 criteria transmitted under subsection (b)(2), in 2002. The

3 review shall cover every type of facility or other infrastruc4 ture operated by the Department of Defense.’’;

5 (3) in paragraph (4), as so redesignated—

6 (A) by redesignating subparagraphs (B)

7 and (C) as subparagraphs (C) and (D), respec8 tively;

9 (B) by inserting after subparagraph (A)

10 the following new subparagraph (B):

11 ‘‘(B) In considering military installations for closure

12 or realignment under this part in any year after 2001,

13 the Secretary shall consider the anticipated continuing

14 need for and availability of military installations world15 wide. In evaluating the need for military installations in16 side the United States, the Secretary shall take into ac17 count current restrictions on the use of military installa18 tions outside the United States and the potential for fu19 ture prohibitions or restrictions on the use of such military

20 installations.’’; and

21 (C) in subparagraph (D), as so redesig22 nated, by striking ‘‘subparagraph (B)’’ and in23 serting ‘‘subparagraph (C)’’;

24 (4) by inserting after paragraph (4), as so re25 designated, the following new paragraph (5):
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1 ‘‘(5)(A) In making recommendations to the Commis2 sion under this subsection in any year after 2001, the Sec3 retary shall consider any notice received from a local gov4 ernment in the vicinity of a military installation that the

5 government would approve of the closure or realignment

6 of the installation.

7 ‘‘(B) Notwithstanding the requirement in subpara8 graph (A), the Secretary shall make the recommendations

9 referred to in that subparagraph based on the force-struc10 ture plan and final criteria otherwise applicable to such

11 recommendations under this section.

12 ‘‘(C) The recommendations made by the Secretary

13 under this subsection in any year after 2001 shall include

14 a statement of the result of the consideration of any notice

15 described in subparagraph (A) that is received with re16 spect to an installation covered by such recommendations.

17 The statement shall set forth the reasons for the result.’’;

18 and

19 (5) in paragraph (8), as so redesignated—

20 (A) in the first sentence, by striking

21 ‘‘paragraph (5)(B)’’ and inserting ‘‘paragraph

22 (7)(B)’’; and

23 (B) in the second sentence, by striking ‘‘24

24 hours’’ and inserting ‘‘48 hours’’.
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1 (d) COMMISSION CHANGES IN RECOMMENDATIONS

2 OF SECRETARY.—Section 2903(d)(2) of that Act is

3 amended—

4 (1) in subparagraph (B), by striking ‘‘if’’ and

5 inserting ‘‘only if’’;

6 (2) in subparagraph (C)—

7 (A) in clause (iii), by striking ‘‘and’’ at the

8 end;

9 (B) in clause (iv), by striking the period at

10 the end and inserting ‘‘; and’’; and

11 (C) by adding at the end the following new

12 clause:

13 ‘‘(v) invites the Secretary to testify at a public

14 hearing, or a closed hearing if classified information

15 is involved, on the proposed change.’’;

16 (3) by redesignating subparagraph (E) as sub17 paragraph (F); and

18 (4) by inserting after subparagraph (D) the fol19 lowing new subparagraph (E):

20 ‘‘(E) In the case of a change not described in sub21 paragraph (D) in the recommendations made by the Sec22 retary, the Commission may make the change only if the

23 Commission—

24 ‘‘(i) makes the determination required by sub25 paragraph (B);
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1 ‘‘(ii) determines that the change is consistent

2 with the force-structure plan and final criteria re3 ferred to in subsection (c)(1); and

4 ‘‘(iii) invites the Secretary to testify at a public

5 hearing, or a closed hearing if classified information

6 is involved, on the proposed change.’’.

7 (e) PRIVATIZATION IN PLACE.—Section 2904(a) of

8 that Act is amended—

9 (1) by redesignating paragraphs (3) and (4) as

10 paragraphs (4) and (5), respectively; and

11 (2) by inserting after paragraph (2) the fol12 lowing new paragraph (3):

13 ‘‘(3) carry out the privatization in place of a

14 military installation recommended for closure or re15 alignment by the Commission in each such report

16 after 2001 only if privatization in place is a method

17 of closure or realignment of the installation specified

18 in the recommendation of the Commission in such

19 report and is determined by the Commission to be

20 the most-cost effective method of implementation of

21 the recommendation;’’.

22 (f) IMPLEMENTATION.—

23 (1) PAYMENT FOR CERTAIN SERVICES FOR

24 PROPERTY LEASED BACK BY THE UNITED
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1 STATES.—Section 2905(b)(4)(E) of that Act is

2 amended—

3 (1) in clause (iii), by striking ‘‘A lease’’ and in4 serting ‘‘Except as provided in clause (v), a lease’’;

5 and

6 (2) by adding at the end the following new

7 clause (v):

8 ‘‘(v)(I) Notwithstanding clause (iii), a lease under

9 clause (i) may require the United States to pay the rede10 velopment authority concerned, or the assignee of the re11 development authority, for facility services and common

12 area maintenance provided for the leased property by the

13 redevelopment authority or assignee, as the case may be.

14 ‘‘(II) The rate charged the United States for services

15 and maintenance provided by a redevelopment authority

16 or assignee under subclause (I) may not exceed the rate

17 charged non-Federal tenants leasing property at the in18 stallation for such services and maintenance.

19 ‘‘(III) For purposes of this clause, facility services

20 and common area maintenance shall not include municipal

21 services that the State or local government concerned is

22 required by law to provide without direct charge to land23 owners, or firefighting or security-guard functions.’’.
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1 (2) TRANSFERS IN CONNECTION WITH PAY2 MENT OF ENVIRONMENTAL REMEDIATION.—Section

3 2905(e) of that Act is amended—

4 (A) in paragraph (1)(B), by adding at the

5 end the following new sentence: ‘‘The real prop6 erty and facilities referred to in subparagraph

7 (A) are also the real property and facilities lo8 cated at an installation approved for closure or

9 realignment under this part after 2001 that are

10 available for purposes other than to assist the

11 homeless.’’;

12 (B) in paragraph (2)(A), by striking ‘‘to be

13 paid by the recipient of the property or facili14 ties’’ and inserting ‘‘otherwise to be paid by the

15 Secretary with respect to the property or facili16 ties’’;

17 (C) by striking paragraph (6);

18 (D) by redesignating paragraphs (3), (4),

19 and (5) as paragraphs (4), (5), (6), respec20 tively; and

21 (E) by inserting after paragraph (2) the

22 following new paragraph (3):

23 ‘‘(3) In the case of property or facilities covered by

24 a certification under paragraph (2)(A), the Secretary may
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1 pay the recipient of such property or facilities an amount

2 equal to the lesser of—

3 ‘‘(A) the amount by which the costs incurred by

4 the recipient of such property or facilities for all en5 vironmental restoration, waste, management, and

6 environmental compliance activities with respect to

7 such property or facilities exceed the fair market

8 value of such property or facilities as specified in

9 such certification; or

10 ‘‘(B) the amount by which the costs (as deter11 mined by the Secretary) that would otherwise have

12 been incurred by the Secretary for such restoration,

13 management, and activities with respect to such

14 property or facilities exceed the fair market value of

15 such property or facilities as so specified.’’.

16 (3) SCOPE OF INDEMNIFICATION OF TRANS17 FEREES IN CONNECTION WITH PAYMENT OF ENVI18 RONMENTAL REMEDIATION.—Paragraph (6) of sec19 tion 2905(e) of that Act, as redesignated by para20 graph (1) of this subsection, is further amended by

21 inserting before the period the following: ‘‘, except in

22 the case of releases or threatened releases not dis23 closed pursuant to paragraph (4)’’.
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1 SEC. 2904. TECHNICAL AND CLARIFYING AMENDMENTS.

2 (a) COMMENCEMENT OF PERIOD FOR NOTICE OF IN3 TEREST IN PROPERTY FOR HOMELESS.—Section

4 2905(b)(7)(D)(ii)(I) of the Defense Base Closure and Re5 alignment Act of 1990 (part A of title XXIX of Public

6 Law 101–510; 10 U.S.C. 2867 note) is amended by strik7 ing ‘‘that date’’ and inserting ‘‘the date of publication of

8 such determination in a newspaper of general circulation

9 in the communities in the vicinity of the installation under

10 subparagraph (B)(i)(IV)’’.

11 (b) OTHER CLARIFYING AMENDMENTS.—(1) That

12 Act is further amended by inserting ‘‘or realignment’’

13 after ‘‘closure’’ each place it appears in the following pro14 visions:

15 (A) Section 2905(b)(3).

16 (B) Section 2905(b)(5).

17 (C) Section 2905(b)(7)(B)(iv).

18 (D) Section 2905(b)(7)(N).

19 (E) Section 2910(10)(B).

20 (2) That Act is further amended by inserting ‘‘or re21 aligned’’ after ‘‘closed’’ each place it appears in the fol22 lowing provisions:

23 (A) Section 2905(b)(3)(C)(ii).

24 (B) Section 2905(b)(3)(D).

25 (C) Section 2905(b)(3)(E).

26 (D) Section 2905(b)(4)(A).
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1 (E) Section 2905(b)(5)(A).

2 (F) Section 2910(9).

3 (G) Section 2910(10).

4 (3) Section 2905(e)(1)(B) of that Act is amended by

5 inserting ‘‘, or realigned or to be realigned,’’ after ‘‘closed

6 or to be closed’’.

7 Subtitle B—Modification of 1988

8 Base Closure Law

9 SEC. 2911. PAYMENT FOR CERTAIN SERVICES PROVIDED BY

10 REDEVELOPMENT AUTHORITIES FOR PROP11 ERTY LEASED BACK BY THE UNITED STATES.

12 Section 204(b)(4) of the Defense Authorization

13 Amendments and Base Closure and Realignment Act of

14 (Public Law 100–526; 10 U.S.C. 2687 note) is amended

15 by adding at the end the following new subparagraph (J):

16 ‘‘(J)(i) The Secretary may transfer real property at

17 an installation approved for closure or realignment under

18 this title (including property at an installation approved

19 for realignment which will be retained by the Department

20 of Defense or another Federal agency after realignment)

21 to the redevelopment authority for the installation if the

22 redevelopment authority agrees to lease, directly upon

23 transfer, one or more portions of the property transferred

24 under this subparagraph to the Secretary or to the head

25 of another department or agency of the Federal Govern-
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1 ment. Subparagraph (B) shall apply to a transfer under

2 this subparagraph.

3 ‘‘(ii) A lease under clause (i) shall be for a term of

4 not to exceed 50 years, but may provide for options for

5 renewal or extension of the term by the department or

6 agency concerned.

7 ‘‘(iii) Except as provided in clause (v), a lease under

8 clause (i) may not require rental payments by the United

9 States.

10 ‘‘(iv) A lease under clause (i) shall include a provision

11 specifying that if the department or agency concerned

12 ceases requiring the use of the leased property before the

13 expiration of the term of the lease, the remainder of the

14 lease term may be satisfied by the same or another depart15 ment or agency of the Federal Government using the prop16 erty for a use similar to the use under the lease. Exercise

17 of the authority provided by this clause shall be made in

18 consultation with the redevelopment authority concerned.

19 ‘‘(v)(I) Notwithstanding clause (iii), a lease under

20 clause (i) may require the United States to pay the rede21 velopment authority concerned, or the assignee of the re22 development authority, for facility services and common

23 area maintenance provided for the leased property by the

24 redevelopment authority or assignee, as the case may be.
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1 ‘‘(II) The rate charged the United States for services

2 and maintenance provided by a redevelopment authority

3 or assignee under subclause (I) may not exceed the rate

4 charged non-Federal tenants leasing property at the in5 stallation for such services and maintenance.

6 ‘‘(III) For purposes of this clause, facility services

7 and common area maintenance shall not include municipal

8 services that the State or local government concerned is

9 required by law to provide without direct charge to land10 owners, or firefighting or security-guard functions.’’.

Passed the Senate October 2, 2001.

Attest:

Secretary.
107TH CONGRESS

1ST SESSION S. 1418

AN ACT

To authorize appropriations for fiscal year 2002 for

military construction, and for other purposes.