II

Calendar No. 157

107TH CONGRESS

1ST SESSION S. 1418

To authorize appropriations for fiscal year 2002 for military construction,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 12, 2001

Mr. LEVIN, from the Committee on Armed Services, reported the following

original bill; which was read twice and placed on the calendar

A BILL

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.

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.

Sec. 2826. Land conveyance, Naval Weapons Industrial Reserve Plant, Toledo,

Ohio.

Subtitle D—Other Matters
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Sec. 2841. Development of United States Army Heritage and Education Center

at Carlisle Barracks, Pennsylvania.

Sec. 2842. Limitation on availability of funds for renovation of the Pentagon

Reservation.

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

Center, Oxford, Mississippi.

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.

9 DIVISION B—MILITARY CON10 STRUCTION AUTHORIZA11 TIONS

12 SEC. 2001. SHORT TITLE.

13 This division may be cited as the ‘‘Military Construc14 tion Authorization Act for Fiscal Year 2002’’.
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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 ........................................... $18,600,000

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: ........................................ $1,258,000,000

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); and

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).

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

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

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

12 to be appropriated in such paragraphs reduced by

13 $3,300,000, which represents savings resulting from ad14 justments to foreign currency exchange rates for military

15 family housing construction and military family housing

16 support outside the United States.

17 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT

18 CERTAIN FISCAL YEAR 2001 PROJECTS.

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

20 the Military Construction Authorization Act for Fiscal

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

22 Defense Authorization Act for Fiscal Year 2001 (as en23 acted by Public Law 106–398); 114 Stat. 1654A–389) is

24 amended—
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1 (1) in the item relating to Fort Leonard Wood,

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

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

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

5 York, by striking ‘‘$18,000,000’’ in the amount col6 umn and inserting ‘‘$21,000,000’’;

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

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

9 and inserting ‘‘$39,492,000’’; and

10 (4) by striking the amount identified as the

11 total in the amount column and inserting

12 ‘‘$626,374,000’’.

13 (b) CONFORMING AMENDMENTS.—Section 2104 of

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

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

16 paragraph (1), by striking ‘‘$1,925,344,000’’ and in17 serting ‘‘$1,935,744,000’’; and

18 (2) in subsection (b)—

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

20 ‘‘$22,600,000’’ and inserting ‘‘$27,000,000’’;

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

22 ‘‘$10,000,000’’ and inserting ‘‘$13,000,000’’;

23 and

24 (C) in paragraph (6), by striking

25 ‘‘$6,000,000’’ and inserting ‘‘$9,000,000’’.
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1 TITLE XXII—NAVY

2 SEC. 2201. AUTHORIZED NAVY 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 2204(a)(1), the Secretary of the Navy may

7 acquire real property and carry out military construction

8 projects for the installations and locations inside the

9 United States, and in the amounts, set forth in the fol10 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

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
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Navy: Inside the United States—Continued

State Installation or location Amount

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.
19

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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-
20

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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—
21

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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

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: ........................................ $249,392,000

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

California ...................... Travis Air Force Base 118 Units ........ $18,150,000
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Air Force: Family Housing—Continued

State or country Installation or location Purpose Amount

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 $2,579,791,000, 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 $249,392,000.

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
28

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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
29

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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
30

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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:
31

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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
32

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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
33

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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
34

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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—
35

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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

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

Force Base.

Replace Family

Housing (40

units).

$5,600,000
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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:

Army: Extension of 1998 Project Authorization

State Installation or location Project Amount

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

Construction

(56 units).

$7,900,000
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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
47

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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 Subtitle B—Real Property and

14 Facilities Administration

15 SEC. 2811. AVAILABILITY OF PROCEEDS OF SALES OF DE16 PARTMENT OF DEFENSE PROPERTY FROM

17 CLOSED MILITARY INSTALLATIONS.

18 Section 204(h)(2) of the Federal Property and Ad19 ministrative Services Act of 1949 (40 U.S.C. 485(h)(2))

20 is amended by striking subparagraphs (A) and (B) and

21 inserting the following new subparagraphs:

22 ‘‘(A) In the case of property located at a mili23 tary installation that is closed, such amount shall be

24 available for facility maintenance and repair or envi-
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1 ronmental restoration by the military department

2 that had jurisdiction over such property before the

3 closure of the military installation.

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

5 other military installation—

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

7 available for facility maintenance and repair or

8 environmental restoration at the military instal9 lation where such property was located before it

10 was disposed of or transferred; and

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

12 available for facility maintenance and repair

13 and for environmental restoration by the mili14 tary department that had jurisdiction over such

15 property before it was disposed of or trans16 ferred.’’.

17 SEC. 2812. PILOT EFFICIENT FACILITIES INITIATIVE.

18 (a) INITIATIVE AUTHORIZED.—The Secretary of De19 fense may carry out a pilot program for purposes of deter20 mining the potential for increasing the efficiency and ef21 fectiveness of the operation of military installations. The

22 pilot program shall be known as the ‘‘Pilot Efficient Fa23 cilities Initiative’’ (in this section referred to as the ‘‘Ini24 tiative’’).
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1 (b) DESIGNATION OF PARTICIPATING FACILITIES.—

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

3 of each military department for participation in the Initia4 tive.

5 (2) The Secretary shall transmit to the Committees

6 on Armed Services of the Senate and the House of Rep7 resentatives a written notification of each installation pro8 posed to be included in the Initiative not less than 30 days

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

10 installation.

11 (3) The Secretary shall include in the notification re12 garding an installation designated for participation in the

13 Initiative a management plan for the Initiative at the in14 stallation. Each management plan for an installation shall

15 include the following:

16 (A) A description of—

17 (i) each proposed lease of real or personal

18 property located at the installation;

19 (ii) each proposed disposal of real or per20 sonal property located at the installation;

21 (iii) each proposed leaseback of real or per22 sonal property leased or disposed of at the in23 stallation;

24 (iv) each proposed conversion of services at

25 the installation from Federal Government per-
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1 formance to non-Federal Government perform2 ance, including performance by contract with a

3 State or local government or private entity or

4 performance as consideration for the lease or

5 disposal of property at the installation; and

6 (v) each other action proposed to be taken

7 to improve mission effectiveness and reduce the

8 cost of providing quality installation support at

9 the installation.

10 (B) With respect to each proposed action de11 scribed under subparagraph (A)—

12 (i) an estimate of the savings expected to

13 be achieved as a result of the action;

14 (ii) each regulation not required by statute

15 that is proposed to be waived to implement the

16 action; and

17 (iii) each statute or regulation required by

18 statute that is proposed to be waived to imple19 ment the action, including—

20 (I) an explanation of the reasons for

21 the proposed waiver; and

22 (II) a description of the action to be

23 taken to protect the public interests served

24 by the statute or regulation, as the case
53

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1 may be, proposed to be waived in the event

2 of the waiver.

3 (C) A description of the steps taken by the Sec4 retary to consult with employees at the facility, and

5 communities in the vicinity of the facility, regarding

6 the Initiative at the installation.

7 (D) Measurable criteria for the evaluation of

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

9 Initiative at the installation.

10 (c) WAIVER OF STATUTORY REQUIREMENTS.—The

11 Secretary of Defense may waive any statute or regulation

12 required by statute for purposes of carrying out the Initia13 tive only if specific authority for the waiver of such statute

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

15 the date of the enactment of this Act.

16 (d) INSTALLATION EFFICIENCY PROJECT FUND.—

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

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

19 Fund’’ (in this subsection referred to as the ‘‘Fund’’).

20 (2) There shall be deposited in the Fund all cash

21 rents, payments, reimbursements, proceeds and other

22 amounts from leases, sales, or other conveyances or trans23 fers, joint activities, and other actions taken under the Ini24 tiative.
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1 (3) To the extent provided in advance in authoriza2 tion Acts and appropriations Acts, amounts in the Fund

3 shall be available to the Secretary concerned for purposes

4 of managing capital assets and providing support services

5 at installations participating in the Initiative. Amounts in

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

7 or in combination with, other amounts authorized to ap8 propriated for such purposes. Amounts in the Fund shall

9 be available for such purposes for five years.

10 (4) Subject to applicable financial management regu11 lations, the Secretary of Defense shall structure the Fund,

12 and provide administrative policies and procedures, in

13 order provide proper control of deposits in and disburse14 ments from the Fund.

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

16 to carry out the Initiative shall terminate four years after

17 the date of the enactment of this Act.

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

19 date of the enactment of this Act, the Secretary shall sub20 mit to the committees of Congress referred to in sub21 section (b)(2) a report on the Initiative. The report shall

22 contain a description of the actions taken under the Initia23 tive and include such other information, including rec24 ommendations, as the Secretary considers appropriate in

25 light of the Initiative.
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1 SEC. 2813. DEMONSTRATION PROGRAM ON REDUCTION IN

2 LONG-TERM FACILITY MAINTENANCE COSTS.

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

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

5 may conduct a demonstration program to assess the feasi6 bility and desirability of including facility maintenance re7 quirements in construction contracts for military construc8 tion projects. The purpose of the demonstration program

9 is to determine whether or not such requirements facilitate

10 reductions in the long-term facility maintenance costs of

11 the military departments.

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

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

14 the enactment of this Act.

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

16 year may contain requirements referred to in subsection

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

18 (c) EFFECTIVE PERIOD OF REQUIREMENTS.—The

19 effective period of a requirement referred to in subsection

20 (a) that is included in a contract for the purpose of the

21 demonstration program shall be any period elected by the

22 Secretary not in excess of five years.

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

24 and annually thereafter until the year following the ces25 sation of effectiveness of any requirements referred to in

26 subsection (a) in contracts under the demonstration pro-
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1 gram, the Secretary shall submit to the congressional de2 fense committees a report on the demonstration program.

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

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

5 (A) A description of the contracts entered into

6 during the year that contain requirements referred

7 to in subsection (a) for the purpose of the dem8 onstration program.

9 (B) The experience of the Secretary during the

10 year with respect to any contracts containing re11 quirements referred to in subsection (a) for the pur12 pose of the demonstration program that were in

13 force during the year.

14 (3) The final report under this subsection shall in15 clude, in addition to the matters required under paragraph

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

17 recommendations, including recommendations for the ter18 mination, continuation, or expansion of the demonstration

19 program, that the Secretary considers appropriate.

20 (e) EXPIRATION.—The authority under subsection

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

22 in contracts under the demonstration program shall expire

23 on September 30, 2006.

24 (f) FUNDING.—Amounts authorized to be appro25 priated for the Army for a fiscal year for military con-
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1 struction shall be available for the demonstration program

2 under this section in such fiscal year.

3 Subtitle C—Land Conveyances

4 SEC. 2821. LAND CONVEYANCE, ENGINEER PROVING

5 GROUND, FORT BELVOIR, VIRGINIA.

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of

7 the Army may convey to the Commonwealth of Virginia

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

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

10 parcels of real property, including any improvements

11 thereon, located at the Engineer Proving Ground, Fort

12 Belvoir, Virginia, as follows:

13 (1) The parcel, consisting of approximately 170

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

15 County Parkway, including for construction of that

16 portion of the parkway.

17 (2) The parcel, consisting of approximately

18 11.45 acres, that is subject to an easement pre19 viously granted to the Commonwealth as Army ease20 ment DACA 31–3–96–440 for the construction of a

21 portion of Interstate Highway 95.

22 (b) CONSIDERATION.—As consideration for the con23 veyance under subsection (a), the Commonwealth shall—
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1 (1) design and construct, at its expense and for

2 public benefit, the portion of the Fairfax County

3 Parkway through the Engineer Proving Ground;

4 (2) provide a conceptual design for eventual in5 corporation and construction by others of access into

6 the Engineer Proving Ground at the Rolling Road

7 Interchange from Fairfax County Parkway as speci8 fied in Virginia Department of Transportation

9 Project #R000–029–249, C514;

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

11 utilities under or across the Fairfax County Park12 way as the Secretary considers appropriate for the

13 optimum development of the Engineer Proving

14 Ground; and

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

16 determined by the Secretary and the Commonwealth,

17 appropriate to cover the costs of constructing a re18 placement building for Building 5089 located on the

19 Engineer Proving Ground.

20 (c) RESPONSIBILITY FOR ENVIRONMENTAL CLEAN21 UP.—The Secretary shall retain liability under the Com22 prehensive Environmental Response, Compensation, and

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

24 other applicable environmental statute or regulation, for

25 any environmental hazard on the property conveyed under
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1 subsection (a) as of the date of the conveyance under that

2 subsection.

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

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

5 the Commonwealth as consideration under subsection

6 (b)(4) and shall credit the accepted funds to the appro7 priation or appropriations that are appropriate for paying

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

9 the Engineer Proving Ground, Fort Belvoir, Virginia, con10 sistent with paragraphs (2) and (3) of this subsection.

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

12 available, until expended, for the replacement of Building

13 5089.

14 (3) Funds appropriated pursuant to the authorization

15 of appropriations in section 301(1), and funds appro16 priated pursuant to the authorization of appropriations in

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

18 section 2805 of title 10, United States Code, for the ex19 cess, if any, of the cost of the replacement of Building

20 5089 over the amount available for such project under

21 paragraph (2).

22 (e) DESCRIPTION OF PROPERTY.—(1) The exact

23 acreage and legal description of the real property to be

24 conveyed under subsection (a)(1) shall be determined by
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1 a survey satisfactory to the Secretary. The cost of the sur2 vey shall be borne by the Commonwealth.

3 (2) The exact acreage and legal description of the real

4 property to be conveyed under subsection (a)(2) are as set

5 forth in Army easement DACA 31–3–96–440.

6 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec7 retary may require such additional terms and conditions

8 in connection with the conveyance under subsection (a) as

9 the Secretary considers appropriate to protect the inter10 ests of the United States.

11 SEC. 2822. MODIFICATION OF AUTHORITY FOR CONVEY12 ANCE OF NAVAL COMPUTER AND TELE13 COMMUNICATIONS STATION, CUTLER, MAINE.

14 Section 2853(a) of the Military Construction Author15 ization Act for Fiscal Year 2001 (division B of the Floyd

16 D. Spence National Defense Authorization Act for Fiscal

17 Year 2001 (as enacted by Public Law 106–398); 114 Stat.

18 1654A–430) is amended by inserting ‘‘any or’’ before ‘‘all

19 right’’.

20 SEC. 2823. LAND TRANSFER AND CONVEYANCE, NAVAL SE21 CURITY GROUP ACTIVITY, WINTER HARBOR,

22 MAINE.

23 (a) TRANSFER OF ADMINISTRATIVE JURISDIC24 TION.—(1) The Secretary of the Navy may transfer to the

25 Secretary of the Interior administrative jurisdiction of a
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1 parcel of real property, including any improvements there2 on and appurtenances thereto, consisting of approximately

3 26 acres as generally depicted as Tract 15–116 on the

4 map entitled ‘‘Acadia National Park Schoodic Point

5 Area’’, numbered 123/80,418 and dated May 2001. The

6 map shall be on file and available for inspection in the

7 appropriate offices of the National Park Service.

8 (2) The transfer authorized by this subsection shall

9 occur, if at all, concurrently with the reversion of adminis10 trative jurisdiction of a parcel of real property consisting

11 of approximately 71 acres, as depicted as Tract 15–115

12 on the map referred to in paragraph (1), from the Sec13 retary of the Navy to the Secretary of the Interior as au14 thorized by Public Law 80–260 (61 Stat. 519) and to be

15 executed on or about June 30, 2002.

16 (b) CONVEYANCE AUTHORIZED.—The Secretary of

17 the Navy may convey, without consideration, to the State

18 of Maine, any political subdivision of the State of Maine,

19 or any tax-supported agency in the State of Maine, all

20 right, title, and interest of the United States in and to

21 any of the parcels of real property, including any improve22 ments thereon and appurtenances thereto, consisting of

23 approximately 485 acres and comprising the former facili24 ties of the Naval Security Group Activity, Winter Harbor,

25 Maine, located in Hancock County, Maine, less the real
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1 property described in subsection (a)(1), for the purpose

2 of economic redevelopment.

3 (c) TRANSFER OF PERSONAL PROPERTY.—The Sec4 retary of the Navy may transfer, without consideration,

5 to the Secretary of the Interior in the case of the real

6 property transferred under subsection (a), or to any recipi7 ent of such real property in the case of real property con8 veyed under subsection (b), any or all personal property

9 associated with such real property so transferred or con10 veyed, including any personal property required to con11 tinue the maintenance of the infrastructure of such real

12 property (including the generators for an uninterrupted

13 power supply in building 154 at the Corea site).

14 (d) MAINTENANCE OF PROPERTY PENDING CONVEY15 ANCE.—(1) The Secretary of the Navy shall maintain any

16 real property, including any improvements thereon, appur17 tenances thereto, and supporting infrastructure, to be con18 veyed under subsection (b) in accordance with the protec19 tion and maintenance standards specified in section 101–

20 47.4913 of title 41, Code of Federal Regulations, until the

21 earlier of—

22 (A) the date of the conveyance of such real

23 property under subsection (b); or

24 (B) September 30, 2003.
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1 (2) The requirement in paragraph (1) shall not be

2 construed as authority to improve the real property, im3 provements, and infrastructure referred to in that para4 graph so as to bring such real property, improvements,

5 or infrastructure into compliance with any zoning or prop6 erty maintenance codes or to repair any damage to such

7 improvements and infrastructure through an Act of God.

8 (e) INTERIM LEASE.—(1) Until such time as any par9 cel of real property to be conveyed under subsection (b)

10 is conveyed by deed under that subsection, the Secretary

11 of the Navy may lease such parcel to any person or entity

12 determined by the Secretary to be an appropriate lessee

13 of such parcel.

14 (2) The amount of rent for a lease under paragraph

15 (1) shall be the amount determined by the Secretary to

16 be appropriate, and may be an amount less than the fair

17 market value of the lease.

18 (3) Notwithstanding any other provision of law, the

19 Secretary shall credit any amount received for a lease of

20 real property under paragraph (1) to the appropriation or

21 account providing funds for the operation and mainte22 nance of such property or for the procurement of utility

23 services for such property. Amounts so credited shall be

24 merged with funds in the appropriation or account to

25 which credited, and shall be available for the same pur-
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1 poses, and subject to the same conditions and limitations,

2 as the funds with which merged.

3 (f) REIMBURSEMENT FOR ENVIRONMENTAL AND

4 OTHER ASSESSMENTS.—(1) The Secretary of the Navy

5 may require each recipient of real property conveyed under

6 subsection (b) to reimburse the Secretary for the costs in7 curred by the Secretary for any environmental assessment,

8 study, or analysis carried out by the Secretary with re9 spect to such property before completing the conveyance

10 under that subsection.

11 (2) The amount of any reimbursement required under

12 paragraph (1) shall be determined by the Secretary, but

13 may not exceed the cost of the assessment, study, or anal14 ysis for which reimbursement is required.

15 (3) Section 2695(c) of title 10, United States Code,

16 shall apply to any amount received by the Secretary under

17 this subsection.

18 (g) DESCRIPTION OF PROPERTY.—The exact acreage

19 and legal description of the real property transferred

20 under subsection (a), and each parcel of real property con21 veyed under subsection (b), shall be determined by a sur22 vey satisfactory to the Secretary of the Navy. The cost

23 of any survey under the preceding sentence for real prop24 erty conveyed under subsection (b) shall be borne by the

25 recipient of the real property.
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1 (h) ADDITIONAL TERMS AND CONDITIONS.—The

2 Secretary of the Navy may require such additional terms

3 and conditions in connection with any conveyance under

4 subsection (b), and any lease under subsection (e), as the

5 Secretary considers appropriate to protect the interests of

6 the United States.

7 SEC. 2824. CONVEYANCE OF SEGMENT OF LORING PETRO8 LEUM PIPELINE, MAINE, AND RELATED EASE9 MENTS.

10 (a) CONVEYANCE AUTHORIZED.—The Secretary of

11 the Air Force may convey, without consideration, to the

12 Loring Development Authority, Maine (in this section re13 ferred to as the ‘‘Authority’’), all right, title, and interest

14 of the United States in and to the segment of the Loring

15 Petroleum (POL) Pipeline, Maine, consisting of approxi16 mately 27 miles in length and running between the

17 Searsport terminal and Bangor Air National Guard Base.

18 (b) RELATED EASEMENTS.—As part of the convey19 ance authorized by subsection (a), the Secretary may con20 vey to the Authority, without consideration, all right, title,

21 and interest of the United States in and to any easements

22 or rights-of-way necessary for the operation or mainte23 nance of the segment of pipeline conveyed under that sub24 section.
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1 (c) REIMBURSEMENT FOR COSTS OF CONVEY2 ANCE.—(1) The Authority shall reimburse the Secretary

3 for the costs incurred by the Secretary for any environ4 mental assessment, study, or analysis, or for any other

5 expense incurred by the Secretary, for a conveyance au6 thorized by this section.

7 (2) The amount of the reimbursement under para8 graph (1) for an activity shall be determined by the Sec9 retary, but may not exceed the cost of the activity.

10 (3) Section 2695(c) of title 10, United States Code,

11 shall apply to any amount received by the Secretary under

12 this subsection.

13 (d) DESCRIPTION OF PROPERTY.—The exact acreage

14 and legal description of the segment of pipeline conveyed

15 under subsection (a), and of any easements or rights-of16 way conveyed under subsection (b), shall be determined

17 by surveys and other means satisfactory to the Secretary.

18 The cost of any survey or other services performed at the

19 direction of the Secretary under the preceding sentence

20 shall be borne by the Authority.

21 (e) ADDITIONAL TERMS AND CONDITIONS.—The

22 Secretary may require such additional terms and condi23 tions in connection with the conveyances under this section

24 as the Secretary considers appropriate to protect the inter25 ests of the United States.
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1 SEC. 2825. LAND CONVEYANCE, PETROLEUM TERMINAL

2 SERVING FORMER LORING AIR FORCE BASE

3 AND BANGOR AIR NATIONAL GUARD BASE,

4 MAINE.

5 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

6 of the Air Force may convey to the Maine Port Authority

7 of the State of Maine (in this section referred to as the

8 ‘‘Authority’’) all right, title, and interest of the United

9 States in and to the Petroleum Terminal (POL) at Mack

10 Point, Searsport, Maine, which served former Loring Air

11 Force Base and Bangor Air National Guard Base, Maine.

12 (2) The conveyance under paragraph (1) may include

13 the following:

14 (A) A parcel of real property, including any im15 provements thereon, consisting of approximately 20

16 acres and comprising a portion of the Petroleum

17 Terminal.

18 (B) Any additional fuel tanks, other improve19 ments, and equipment located on the 43-acre parcel

20 of property adjacent to the property described in

21 subparagraph (A), and currently leased by the Sec22 retary, which constitutes the remaining portion of

23 the Petroleum Terminal.

24 (b) CONDITION OF CONVEYANCE.—The Secretary

25 may not make the conveyance under subsection (a) unless

26 the Authority agrees to utilize the property to be conveyed
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1 under that subsection solely for economic development

2 purposes.

3 (c) CONSIDERATION.—(1) As consideration for the

4 conveyance under subsection (a), the Authority shall lease

5 to the Air Force approximately one acre of the real prop6 erty conveyed under that subsection, together with any im7 provements thereon, that constitutes the Aerospace Fuels

8 Laboratory (also known as Building 14).

9 (2) The real property leased under this subsection

10 shall include the parking lot, outbuildings, and other im11 provements associated with the Aerospace Fuels Labora12 tory and such easements of ingress and egress to the real

13 property, including easements for utilities, as are required

14 for the operations of the Aerospace Fuels Laboratory.

15 (3) As part of the lease of real property under this

16 subsection, the Authority shall maintain around the real

17 property for the term of the lease a zone, not less than

18 75 feet in depth, free of improvements or encumbrances.

19 (4) The lease under this subsection shall be without

20 cost to the United States.

21 (5) The term of the lease under this subsection may

22 not exceed 25 years. If operations at the Aerospace Fuels

23 Laboratory cease before the expiration of the term of the

24 lease otherwise provided for under this subsection, the
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1 lease shall be deemed to have expired upon the cessation

2 of such operations.

3 (d) CONVEYANCE CONTINGENT ON EXPIRATION OF

4 LEASE OF FUEL TANKS.—The Secretary may not make

5 the conveyance under subsection (a) until the expiration

6 of the lease referred to in paragraph (2)(B) of that sub7 section.

8 (e) ENVIRONMENTAL REMEDIATION.—The Secretary

9 may not make the conveyance under subsection (a) until

10 the completion of any environmental remediation required

11 by law with respect to the property to be conveyed under

12 that subsection.

13 (f) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—

14 (1) The Authority shall reimburse the Secretary for the

15 costs incurred by the Secretary for any environmental as16 sessment, study, or analysis, or for any other expense in17 curred by the Secretary, for the conveyance authorized by

18 subsection (a).

19 (2) The amount of the reimbursement under para20 graph (1) for an activity shall be determined by the Sec21 retary, but may not exceed the cost of the activity.

22 (3) Section 2695(c) of title 10, United States Code,

23 shall apply to any amount received by the Secretary under

24 this subsection.
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1 (g) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of the real property conveyed under

3 subsection (a) shall be determined by a survey satisfactory

4 to the Secretary. The cost of the survey shall be borne

5 by the Authority.

6 (h) ADDITIONAL TERMS AND CONDITIONS.—The

7 Secretary may require such additional terms and condi8 tions in connection with the conveyance under subsection

9 (a), and the lease under subsection (c), as the Secretary

10 considers appropriate to protect the interests of the

11 United States.

12 SEC. 2826. LAND CONVEYANCE, NAVAL WEAPONS INDUS13 TRIAL RESERVE PLANT, TOLEDO, OHIO.

14 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

15 of the Navy may convey, without consideration, to the To16 ledo-Lucas County Port Authority, Ohio (in this section

17 referred to as the ‘‘Port Authority’’), any or all right, title,

18 and interest of the United States in and to a parcel of

19 real property, including any improvements thereon, con20 sisting of approximately 29 acres and comprising the

21 Naval Weapons Industrial Reserve Plant, Toledo, Ohio.

22 (2) The Secretary may include in the conveyance

23 under paragraph (1) such facilities, equipment, fixtures,

24 and other personal property located or based on the parcel

25 conveyed under that paragraph, or used in connection with
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1 the parcel, as the Secretary determines to be excess to the

2 Navy.

3 (b) LEASE AUTHORITY.—Until such time as the real

4 property described in subsection (a)(1) is conveyed by

5 deed, the Secretary may lease such real property, and any

6 personal property described in subsection (a)(2), to the

7 Port Authority in exchange for such security, fire protec8 tion, and maintenance services as the Secretary considers

9 appropriate.

10 (c) CONDITIONS OF CONVEYANCE.—The conveyance

11 under subsection (a), and any lease under subsection (b),

12 shall be subject to the conditions that the Port

13 Authority—

14 (1) accept the real and personal property con15 cerned in their condition at the time of the convey16 ance or lease, as the case may be; and

17 (2) except as provided in subsection (d), use the

18 real and personal property concerned, whether di19 rectly or through an agreement with a public or pri20 vate entity, for economic development or such other

21 public purposes as the Port Authority considers ap22 propriate.

23 (d) SUBSEQUENT USE.—(1) The Port Authority

24 may, following entry into a lease under subsection (b) for

25 real property, personal property, or both, sublease such
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1 property for a purpose set forth in subsection (c)(2) if the

2 Secretary approves the sublease of such property for that

3 purpose.

4 (2) The Port Authority may, following the conveyance

5 of real property under subsection (a), lease or reconvey

6 such real property, and any personal property conveyed

7 with such real property under that subsection, for a pur8 pose set forth in subsection (c)(2).

9 (e) REIMBURSEMENT FOR COSTS OF CONVEYANCE

10 AND LEASE.—(1) The Port Authority shall reimburse the

11 Secretary for the costs incurred by the Secretary for any

12 environmental assessment, study, or analysis, or for any

13 other expense incurred by the Secretary, for the convey14 ance authorized by subsection (a) or any lease authorized

15 by subsection (b).

16 (2) The amount of the reimbursement under para17 graph (1) for an activity shall be determined by the Sec18 retary, but may not exceed the cost of the activity.

19 (3) Section 2695(c) of title 10, United States Code,

20 shall apply to any amount received by the Secretary under

21 this subsection.

22 (f) DESCRIPTION OF PROPERTY.—The exact acreage

23 and legal of the real property to be conveyed under sub24 section (a)(1), and an appropriate inventory or other de25 scription of the personal property to be conveyed under
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1 subsection (a)(2), shall be determined by a survey and

2 other means satisfactory to the Secretary.

3 (g) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require such additional terms and condi5 tions in connection with the conveyance under subsection

6 (a)(1), and any lease under subsection (b), as the Sec7 retary considers appropriate to protect the interests of the

8 United States.

9 Subtitle D—Other Matters

10 SEC. 2841. DEVELOPMENT OF UNITED STATES ARMY HERIT11 AGE AND EDUCATION CENTER AT CARLISLE

12 BARRACKS, PENNSYLVANIA.

13 (a) AUTHORITY TO ENTER INTO PARTNERSHIP.—

14 (1) The Secretary of the Army may enter into a partner15 ship with the Military Heritage Foundation, a not-for16 profit organization, for the design, construction, and oper17 ation of a facility for the United States Army Heritage

18 and Education Center at Carlisle Barracks, Pennsylvania.

19 (2) The facility is to be used for curation and storage

20 of artifacts, research facilities, classrooms, and offices,

21 and for education and other activities, relating to the her22 itage of the Army. The facility may also be used to support

23 such education and training as the Secretary considers ap24 propriate.
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1 (b) DESIGN AND CONSTRUCTION.—The Secretary

2 may accept funds from the Military Heritage Foundation

3 for the design and construction of the facility for the

4 United States Army Heritage and Education Center re5 ferred to in subsection (a).

6 (c) ACCEPTANCE OF FACILITY.—(1) Upon comple7 tion of the facility referred to subsection (a), and upon

8 the satisfaction of any and all financial obligations inci9 dent thereto by the Military Heritage Foundation, the

10 Secretary shall accept the facility from the Military Herit11 age Foundation, and all right, title, and interest in and

12 to the facility shall vest in the United States.

13 (2) Upon becoming property of the United States, the

14 facility shall be under the jurisdiction of the Secretary.

15 (d) USE OF CERTAIN GIFTS.—(1) Under regulations

16 prescribed by the Secretary, the Commandant of the Army

17 War College may, without regard to section 2601 of title

18 10, United States Code, accept, hold, administer, invest,

19 and spend any gift, devise, or bequest of personnel prop20 erty of a value of $250,000 or less made to the United

21 States if such gift, devise, or bequest is for the benefit

22 of the United States Army Heritage and Education Cen23 ter.

24 (2) The Secretary may pay or authorize the payment

25 of any reasonable and necessary expense in connection
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1 with the conveyance or transfer of a gift, devise, or be2 quest under this subsection.

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require such additional terms and condi5 tions in connection with the partnership authorized to be

6 entered into by subsection (a) as the Secretary considers

7 appropriate to protect the interest of the United States.

8 SEC. 2842. LIMITATION ON AVAILABILITY OF FUNDS FOR

9 RENOVATION OF THE PENTAGON RESERVA10 TION.

11 (a) CONSTRUCTION OF SECURE SECRETARIAL OF12 FICES AND SUPPORT FACILITIES.—No funds authorized

13 to be appropriated by this Act, or any other Act, may be

14 obligated or expended for construction of secure secre15 tarial offices and support facilities at the Pentagon Res16 ervation until the Secretary of Defense makes a certifi17 cation to the congressional defense committees described

18 in subsection (c).

19 (b) RENOVATION OF PENTAGON RESERVATION.—Of

20 the amounts authorized to be appropriated by this Act and

21 any other Act for the purpose of the renovation of the

22 Pentagon Reservation, not more than $1,158,000,000

23 may be obligated or expended for that purposes until the

24 Secretary makes a certification to the congressional de25 fense committees described in subsection (c).
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1 (c) CERTIFICATION.—A certification described in this

2 subsection is a certification that the Defense Threat Re3 duction Agency has—

4 (1) reviewed plans for construction of secure

5 secretarial offices and support facilities at the Pen6 tagon Reservation; and

7 (2) determined that construction of such offices

8 and facilities in accordance with such plans would

9 meet all applicable force protection requirements.

10 SEC. 2843. NAMING OF PATRICIA C. LAMAR ARMY NA11 TIONAL GUARD READINESS CENTER, OX12 FORD, MISSISSIPPI.

13 (a) DESIGNATION.—The Oxford Army National

14 Guard Readiness Center, Oxford, Mississippi, shall be

15 known and designated as the ‘‘Patricia C. Lamar Army

16 National Guard Readiness Center’’.

17 (b) REFERENCE TO READINESS CENTER.—Any ref18 erence to the Oxford Army National Guard Readiness

19 Center, Oxford, Mississippi, in any law, regulation, map,

20 document, record, or other paper of the United States

21 shall be considered to be a reference to the Patricia C.

22 Lamar Army National Guard Readiness Center.
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1 TITLE XXIX—DEFENSE BASE

2 CLOSURE AND REALIGNMENT

3 Subtitle A—Modifications of 1990

4 Base Closure Law

5 SEC. 2901. AUTHORITY TO CARRY OUT BASE CLOSURE

6 ROUND IN 2003.

7 (a) COMMISSION MATTERS.—

8 (1) APPOINTMENT.—Section 2902(c)(1) of the

9 Defense Base Closure and Realignment Act of 1990

10 (part A of title XXIX of Public Law 101–510; 10

11 U.S.C. 2687 note) is amended—

12 (A) in subparagraph (B)—

13 (i) by striking ‘‘and’’ at the end of

14 clause (ii);

15 (ii) by striking the period at the end

16 of clause (iii) and inserting ‘‘; and’’; and

17 (iii) by adding at the end the fol18 lowing new clause:

19 ‘‘(iv) by no later than January 24, 2003, in the

20 case of members of the Commission whose terms will

21 expire at the end of the first session of the 108th

22 Congress.’’; and

23 (B) in subparagraph (C), by striking ‘‘or

24 for 1995 in clause (iii) of such subparagraph’’

25 and inserting ‘‘, for 1995 in clause (iii) of that
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1 subparagraph, or for 2003 in clause (iv) of that

2 subparagraph’’.

3 (2) MEETINGS.—Section 2902(e) of that Act is

4 amended by striking ‘‘and 1995’’ and inserting

5 ‘‘1995, and 2003’’.

6 (3) FUNDING.—Section 2902(k) of that Act is

7 amended by adding at the end the following new

8 paragraph (4):

9 ‘‘(4) If no funds are appropriated to the Commission

10 by the end of the second session of the 107th Congress

11 for the activities of the Commission in 2003, the Secretary

12 may transfer to the Commission for purposes of its activi13 ties under this part in that year such funds as the Com14 mission may require to carry out such activities. The Sec15 retary may transfer funds under the preceding sentence

16 from any funds available to the Secretary. Funds so trans17 ferred shall remain available to the Commission for such

18 purposes until expended.’’.

19 (4) TERMINATION.—Section 2902(l) of that Act

20 is amended by striking ‘‘December 31, 1995’’ and

21 inserting ‘‘December 31, 2003’’.

22 (b) PROCEDURES.—

23 (1) FORCE-STRUCTURE PLAN.—Section 2903(a)

24 of that Act is amended—
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1 (A) by redesignating paragraphs (2) and

2 (3) as paragraphs (3) and (4), respectively;

3 (B) by inserting after paragraph (1) the

4 following new paragraph (2):

5 ‘‘(2)(A) As part of the budget justification documents

6 submitted to Congress in support of the budget for the

7 Department of Defense for fiscal year 2003, the Secretary

8 shall include a force-structure plan for the Armed Forces

9 based on the assessment of the Secretary in the quadren10 nial defense review under section 118 of title 10, United

11 States Code, in 2001 of the probable threats to the na12 tional security during the twenty-year period beginning

13 with fiscal year 2003.

14 ‘‘(B) The Secretary may revise the force-structure

15 plan submitted under subparagraph (A). If the Secretary

16 revises the force-structure plan, the Secretary shall submit

17 the revised force-structure plan to Congress as part of the

18 budget justification documents submitted to Congress in

19 support of the budget for the Department of Defense for

20 fiscal year 2004.’’; and

21 (C) in paragraph (3), as redesignated by

22 subparagraph (A) of this paragraph—

23 (i) in the matter preceding subpara24 graph (A), by striking ‘‘Such plan’’ and in-
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1 serting ‘‘Each force-structure plan under

2 this subsection’’; and

3 (ii) in subparagraph (A), by striking

4 ‘‘referred to in paragraph (1)’’ and insert5 ing ‘‘on which such force-structure plan is

6 based’’.

7 (2) SELECTION CRITERIA.—Section 2903(b) of

8 that Act is amended—

9 (A) in paragraph (1), by inserting ‘‘and by

10 no later than December 31, 2001, for purposes

11 of activities of the Commission under this part

12 in 2003,’’ after ‘‘December 31, 1990,’’; and

13 (B) in paragraph (2)(A)—

14 (i) in the first sentence, by inserting

15 ‘‘and by no later than February 15, 2002,

16 for purposes of activities of the Commis17 sion under this part in 2003,’’ after ‘‘Feb18 ruary 15, 1991,’’; and

19 (ii) in the second sentence, by insert20 ing ‘‘, or enacted on or before March 31,

21 2002, in the case of criteria published and

22 transmitted under the preceding sentence

23 in 2001’’ after ‘‘March 15, 1991’’.

24 (3) DEPARTMENT OF DEFENSE RECOMMENDA25 TIONS.—Section 2903(c)(1) of that Act is amended
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1 by striking ‘‘and March 1, 1995’’ and inserting

2 ‘‘March 1, 1995, and March 14, 2003’’.

3 (4) COMMISSION REVIEW AND RECOMMENDA4 TIONS.—Section 2903(d) of that Act is amended—

5 (A) in paragraph (2)(A), by inserting ‘‘or

6 by no later than July 7 in the case of rec7 ommendations in 2003,’’ after ‘‘pursuant to

8 subsection (c),’’;

9 (B) in paragraph (4), by inserting ‘‘or

10 after July 7 in the case of recommendations in

11 2003,’’ after ‘‘under this subsection,’’; and

12 (C) in paragraph (5)(B), by inserting ‘‘or

13 by no later than May 1 in the case of such rec14 ommendations in 2003,’’ after ‘‘such rec15 ommendations,’’.

16 (5) REVIEW BY PRESIDENT.—Section 2903(e)

17 of that Act is amended—

18 (A) in paragraph (1), by inserting ‘‘or by

19 no later than July 22 in the case of rec20 ommendations in 2003,’’ after ‘‘under sub21 section (d),’’;

22 (B) in the second sentence of paragraph

23 (3), by inserting ‘‘or by no later than August

24 18 in the case of 2003,’’ after ‘‘the year con25 cerned,’’; and
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1 (C) in paragraph (5), by inserting ‘‘or by

2 September 3 in the case of recommendations in

3 2003,’’ after ‘‘under this part,’’.

4 (c) RELATIONSHIP TO OTHER BASE CLOSURE AU5 THORITY.—Section 2909(a) of that Act is amended by

6 striking ‘‘December 31, 1995,’’ and inserting ‘‘December

7 31, 2003,’’.

8 SEC. 2902. BASE CLOSURE ACCOUNT 2003.

9 (a) ESTABLISHMENT.—The Defense Base Closure

10 and Realignment Act of 1990 (part A of title XXIX of

11 Public Law 101–510; 10 U.S.C. 2687 note) is amended

12 by inserting after section 2906 the following new section:

13 ‘‘SEC. 2906A. BASE CLOSURE ACCOUNT 2003.

14 ‘‘(a) IN GENERAL.—(1) There is hereby established

15 on the books of the Treasury an account to be known as

16 the ‘Department of Defense Base Closure Account 2003’

17 (in this section referred to as the ‘Account’). The Account

18 shall be administered by the Secretary as a single account.

19 ‘‘(2) There shall be deposited into the Account—

20 ‘‘(A) funds authorized for and appropriated to

21 the Account;

22 ‘‘(B) any funds that the Secretary may, subject

23 to approval in an appropriation Act, transfer to the

24 Account from funds appropriated to the Department

25 of Defense for any purpose, except that such funds
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1 may be transferred only after the date on which the

2 Secretary transmits written notice of, and justifica3 tion for, such transfer to the congressional defense

4 committees; and

5 ‘‘(C) except as provided in subsection (d), pro6 ceeds received from the lease, transfer, or disposal of

7 any property at a military installation that is closed

8 or realigned under this part pursuant to a closure or

9 realignment the date of approval of which is after

10 September 30, 2003.

11 ‘‘(3) The Account shall be closed at the time and in

12 the manner provided for appropriation accounts under sec13 tion 1555 of title 31, United States Code. Unobligated

14 funds which remain in the Account upon closure shall be

15 held by the Secretary of the Treasury until transferred

16 by law after the congressional defense committees receive

17 the final report transmitted under subsection (c)(2).

18 ‘‘(b) USE OF FUNDS.—(1) The Secretary may use

19 the funds in the Account only for the purposes described

20 in section 2905 with respect to military installations the

21 date of approval of closure or realignment of which is after

22 September 30, 2003.

23 ‘‘(2) When a decision is made to use funds in the

24 Account to carry out a construction project under section

25 2905(a) and the cost of the project will exceed the max-
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1 imum amount authorized by law for a minor military con2 struction project, the Secretary shall notify in writing the

3 congressional defense committees of the nature of, and

4 justification for, the project and the amount of expendi5 tures for such project. Any such construction project may

6 be carried out without regard to section 2802(a) of title

7 10, United States Code.

8 ‘‘(c) REPORTS.—(1)(A) No later than 60 days after

9 the end of each fiscal year in which the Secretary carries

10 out activities under this part using amounts in the Ac11 count, the Secretary shall transmit a report to the con12 gressional defense committees of the amount and nature

13 of the deposits into, and the expenditures from, the Ac14 count during such fiscal year and of the amount and na15 ture of other expenditures made pursuant to section

16 2905(a) during such fiscal year.

17 ‘‘(B) The report for a fiscal year shall include the

18 following:

19 ‘‘(i) The obligations and expenditures from the

20 Account during the fiscal year, identified by sub21 account, for each military department and Defense

22 Agency.

23 ‘‘(ii) The fiscal year in which appropriations for

24 such expenditures were made and the fiscal year in

25 which funds were obligated for such expenditures.
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1 ‘‘(iii) Each military construction project for

2 which such obligations and expenditures were made,

3 identified by installation and project title.

4 ‘‘(iv) A description and explanation of the ex5 tent, if any, to which expenditures for military con6 struction projects for the fiscal year differed from

7 proposals for projects and funding levels that were

8 included in the justification transmitted to Congress

9 under section 2907(1), or otherwise, for the funding

10 proposals for the Account for such fiscal year, in11 cluding an explanation of—

12 ‘‘(I) any failure to carry out military con13 struction projects that were so proposed; and

14 ‘‘(II) any expenditures for military con15 struction projects that were not so proposed.

16 ‘‘(2) No later than 60 days after the termination of

17 the authority of the Secretary to carry out a closure or

18 realignment under this part with respect to military instal19 lations the date of approval of closure or realignment of

20 which is after September 30, 2003, and no later than 60

21 days after the closure of the Account under subsection

22 (a)(3), the Secretary shall transmit to the congressional

23 defense committees a report containing an accounting

24 of—
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1 ‘‘(A) all the funds deposited into and expended

2 from the Account or otherwise expended under this

3 part with respect to such installations; and

4 ‘‘(B) any amount remaining in the Account.

5 ‘‘(d) DISPOSAL OR TRANSFER OF COMMISSARY

6 STORES AND PROPERTY PURCHASED WITH NON7 APPROPRIATED FUNDS.—(1) If any real property or facil8 ity acquired, constructed, or improved (in whole or in part)

9 with commissary store funds or nonappropriated funds is

10 transferred or disposed of in connection with the closure

11 or realignment of a military installation under this part

12 the date of approval of closure or realignment of which

13 is after September 30, 2003, a portion of the proceeds

14 of the transfer or other disposal of property on that instal15 lation shall be deposited in the reserve account established

16 under section 204(b)(7)(C) of the Defense Authorization

17 Amendments and Base Closure and Realignment Act (10

18 U.S.C. 2687 note).

19 ‘‘(2) The amount so deposited shall be equal to the

20 depreciated value of the investment made with such funds

21 in the acquisition, construction, or improvement of that

22 particular real property or facility. The depreciated value

23 of the investment shall be computed in accordance with

24 regulations prescribed by the Secretary of Defense.
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1 ‘‘(3) The Secretary may use amounts in the account

2 (in such an aggregate amount as is provided in advance

3 in appropriation Acts) for the purpose of acquiring, con4 structing, and improving—

5 ‘‘(A) commissary stores; and

6 ‘‘(B) real property and facilities for non7 appropriated fund instrumentalities.

8 ‘‘(4) In this subsection, the terms ‘commissary store

9 funds’, ‘nonappropriated funds’, and ‘nonappropriated

10 fund instrumentality’ shall have the meaning given those

11 terms in section 2906(d)(4).

12 ‘‘(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR

13 ENVIRONMENTAL RESTORATION PROJECTS.—Except as

14 provided in section 2906(e) with respect to funds in the

15 Department of Defense Base Closure Account 1990 under

16 section 2906 and except for funds deposited into the Ac17 count under subsection (a), funds appropriated to the De18 partment of Defense may not be used for purposes de19 scribed in section 2905(a)(1)(C). The prohibition in this

20 subsection shall expire upon the closure of the Account

21 under subsection (a)(3).’’.

22 (b) CONFORMING AMENDMENTS.—Section 2906 of

23 that Act is amended—

24 (1) in subsection (a)(2)(C), by inserting ‘‘the

25 date of approval of closure or realignment of which
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1 is before September 30, 2003’’ after ‘‘under this

2 part’’;

3 (2) in subsection (b)(1), by inserting ‘‘with re4 spect to military installations the date of approval of

5 closure or realignment of which is before September

6 30, 2003,’’ after ‘‘section 2905’’;

7 (3) in subsection (c)(2)—

8 (A) in the matter preceding subparagraph

9 (A), by inserting ‘‘with respect to military in10 stallations the date of approval of closure or re11 alignment of which is before September 30,

12 2003,’’ after ‘‘under this part’’; and

13 (B) in subparagraph (A), by inserting

14 ‘‘with respect to such installations’’ after

15 ‘‘under this part’’;

16 (4) in subsection (d)(1), by inserting ‘‘the date

17 of approval of closure or realignment of which is be18 fore September 30, 2003’’ after ‘‘under this part’’;

19 and

20 (5) in subsection (e), by striking ‘‘Except for’’

21 and inserting ‘‘Except as provided in section

22 2906A(e) with respect to funds in the Department

23 of Defense Base Closure Account 2001 under sec24 tion 2906A and except for’’.
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1 (c) CLERICAL AMENDMENT.—The section heading of

2 section 2906 of that Act is amended to read as follows:

3 ‘‘SEC. 2906. BASE CLOSURE ACCOUNT 1990.’’.

4 SEC. 2903. ADDITIONAL MODIFICATIONS OF BASE CLOSURE

5 AUTHORITIES.

6 (a) INCREASE IN MEMBERS OF COMMISSION.—Sec7 tion 2902(c)(1)(A) of the Defense Base Closure and Re8 alignment Act of 1990 (part A of title XXIX of Public

9 Law 101–510; 10 U.S.C. 2867 note) is amended by strik10 ing ‘‘eight members’’ and inserting ‘‘nine members’’.

11 (b) SELECTION CRITERIA.—Section 2903(b) of that

12 Act is amended by adding at the end the following new

13 paragraphs:

14 ‘‘(3) The selection criteria shall ensure that military

15 value is the primary consideration in the making of rec16 ommendations for the closure or realignment of military

17 installations under this part.

18 ‘‘(4) Any selection criteria proposed by the Secretary

19 relating to the cost savings or return on investment from

20 the proposed closure or realignment of a military installa21 tion shall take into account the effect of the proposed clo22 sure or realignment on the costs of any other Federal

23 agency that may be required to assume responsibility for

24 activities at the military installation.’’.
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1 (c) DEPARTMENT OF DEFENSE RECOMMENDATIONS

2 TO COMMISSION.—Section 2903(c) of that Act is

3 amended—

4 (1) by redesignating paragraphs (1), (2), (3),

5 (4), (5), and (6) as paragraphs (2), (3), (4), (6),

6 (7), and (8), respectively;

7 (2) by inserting before paragraph (2), as so re8 designated, the following new paragraph (1):

9 ‘‘(1) The Secretary shall carry out a comprehensive

10 review of the military installations of the Department of

11 Defense inside the United States based on the force-struc12 ture plan submitted under subsection (a)(2), and the final

13 criteria transmitted under subsection (b)(2), in 2002. The

14 review shall cover every type of facility or other infrastruc15 ture operated by the Department of Defense.’’;

16 (3) in paragraph (4), as so redesignated—

17 (A) by redesignating subparagraphs (B)

18 and (C) as subparagraphs (C) and (D), respec19 tively;

20 (B) by inserting after subparagraph (A)

21 the following new subparagraph (B):

22 ‘‘(B) In considering military installations for closure

23 or realignment under this part in any year after 2001,

24 the Secretary shall consider the anticipated continuing

25 need for and availability of military installations world-
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1 wide. In evaluating the need for military installations in2 side the United States, the Secretary shall take into ac3 count current restrictions on the use of military installa4 tions outside the United States and the potential for fu5 ture prohibitions or restrictions on the use of such military

6 installations.’’; and

7 (C) in subparagraph (D), as so redesig8 nated, by striking ‘‘subparagraph (B)’’ and in9 serting ‘‘subparagraph (C)’’;

10 (4) by inserting after paragraph (4), as so re11 designated, the following new paragraph (5):

12 ‘‘(5)(A) In making recommendations to the Commis13 sion under this subsection in any year after 2001, the Sec14 retary shall consider any notice received from a local gov15 ernment in the vicinity of a military installation that the

16 government would approve of the closure or realignment

17 of the installation.

18 ‘‘(B) Notwithstanding the requirement in subpara19 graph (A), the Secretary shall make the recommendations

20 referred to in that subparagraph based on the force-struc21 ture plan and final criteria otherwise applicable to such

22 recommendations under this section.

23 ‘‘(C) The recommendations made by the Secretary

24 under this subsection in any year after 2001 shall include

25 a statement of the result of the consideration of any notice
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1 described in subparagraph (A) that is received with re2 spect to an installation covered by such recommendations.

3 The statement shall set forth the reasons for the result.’’;

4 and

5 (5) in paragraph (8), as so redesignated—

6 (A) in the first sentence, by striking

7 ‘‘paragraph (5)(B)’’ and inserting ‘‘paragraph

8 (7)(B)’’; and

9 (B) in the second sentence, by striking ‘‘24

10 hours’’ and inserting ‘‘48 hours’’.

11 (d) COMMISSION CHANGES IN RECOMMENDATIONS

12 OF SECRETARY.—Section 2903(d)(2) of that Act is

13 amended—

14 (1) in subparagraph (B), by striking ‘‘if’’ and

15 inserting ‘‘only if’’;

16 (2) in subparagraph (C)—

17 (A) in clause (iii), by striking ‘‘and’’ at the

18 end;

19 (B) in clause (iv), by striking the period at

20 the end and inserting ‘‘; and’’; and

21 (C) by adding at the end the following new

22 clause:

23 ‘‘(v) invites the Secretary to testify at a public

24 hearing, or a closed hearing if classified information

25 is involved, on the proposed change.’’;
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1 (3) by redesignating subparagraph (E) as sub2 paragraph (F); and

3 (4) by inserting after subparagraph (D) the fol4 lowing new subparagraph (E):

5 ‘‘(E) In the case of a change not described in sub6 paragraph (D) in the recommendations made by the Sec7 retary, the Commission may make the change only if the

8 Commission—

9 ‘‘(i) makes the determination required by sub10 paragraph (B);

11 ‘‘(ii) determines that the change is consistent

12 with the force-structure plan and final criteria re13 ferred to in subsection (c)(1); and

14 ‘‘(iii) invites the Secretary to testify at a public

15 hearing, or a closed hearing if classified information

16 is involved, on the proposed change.’’.

17 (e) PRIVATIZATION IN PLACE.—Section 2904(a) of

18 that Act is amended—

19 (1) by redesignating paragraphs (3) and (4) as

20 paragraphs (4) and (5), respectively; and

21 (2) by inserting after paragraph (2) the fol22 lowing new paragraph (3):

23 ‘‘(3) carry out the privatization in place of a

24 military installation recommended for closure or re25 alignment by the Commission in each such report
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1 after 2001 only if privatization in place is a method

2 of closure or realignment of the installation specified

3 in the recommendation of the Commission in such

4 report and is determined by the Commission to be

5 the most cost-effective method of implementation of

6 the recommendation;’’.

7 (f) IMPLEMENTATION.—

8 (1) PAYMENT FOR CERTAIN SERVICES FOR

9 PROPERTY LEASED BACK BY THE UNITED

10 STATES.—Section 2905(b)(4)(E) of that Act is

11 amended—

12 (A) in clause (iii), by striking ‘‘A lease’’

13 and inserting ‘‘Except as provided in clause (v),

14 a lease’’; and

15 (B) by adding at the end the following new

16 clause (v):

17 ‘‘(v)(I) Notwithstanding clause (iii), a lease under

18 clause (i) may require the United States to pay the rede19 velopment authority concerned, or the assignee of the re20 development authority, for facility services and common

21 area maintenance provided for the leased property by the

22 redevelopment authority or assignee, as the case may be.

23 ‘‘(II) The rate charged the United States for services

24 and maintenance provided by a redevelopment authority

25 or assignee under subclause (I) may not exceed the rate
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1 charged non-Federal tenants leasing property at the in2 stallation for such services and maintenance.

3 ‘‘(III) For purposes of this clause, facility services

4 and common area maintenance shall not include municipal

5 services that the State or local government concerned is

6 required by law to provide without direct charge to land7 owners, or firefighting or security-guard functions.’’.

8 (2) TRANSFERS IN CONNECTION WITH PAY9 MENT OF ENVIRONMENTAL REMEDIATION.—Section

10 2905(e) of that Act is amended—

11 (A) in paragraph (1)(B), by adding at the

12 end the following new sentence: ‘‘The real prop13 erty and facilities referred to in subparagraph

14 (A) are also the real property and facilities lo15 cated at an installation approved for closure or

16 realignment under this part after 2001 that are

17 available for purposes other than to assist the

18 homeless.’’;

19 (B) in paragraph (2)(A), by striking ‘‘to be

20 paid by the recipient of the property or facili21 ties’’ and inserting ‘‘otherwise to be paid by the

22 Secretary with respect to the property or facili23 ties’’;

24 (C) by striking paragraph (6);
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1 (D) by redesignating paragraphs (3), (4),

2 and (5) as paragraphs (4), (5), and (6), respec3 tively; and

4 (E) by inserting after paragraph (2) the

5 following new paragraph (3):

6 ‘‘(3) In the case of property or facilities covered by

7 a certification under paragraph (2)(A), the Secretary may

8 pay the recipient of such property or facilities an amount

9 equal to the lesser of—

10 ‘‘(A) the amount by which the costs incurred by

11 the recipient of such property or facilities for all en12 vironmental restoration, waste, management, and

13 environmental compliance activities with respect to

14 such property or facilities exceed the fair market

15 value of such property or facilities as specified in

16 such certification; or

17 ‘‘(B) the amount by which the costs (as deter18 mined by the Secretary) that would otherwise have

19 been incurred by the Secretary for such restoration,

20 management, and activities with respect to such

21 property or facilities exceed the fair market value of

22 such property or facilities as so specified.’’.

23 (3) SCOPE OF INDEMNIFICATION OF TRANS24 FEREES IN CONNECTION WITH PAYMENT OF ENVI25 RONMENTAL REMEDIATION.—Paragraph (6) of sec-
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1 tion 2905(e) of that Act, as redesignated by para2 graph (1) of this subsection, is further amended by

3 inserting before the period the following: ‘‘, except in

4 the case of releases or threatened releases not dis5 closed pursuant to paragraph (4)’’.

6 SEC. 2904. TECHNICAL AND CLARIFYING AMENDMENTS.

7 (a) COMMENCEMENT OF PERIOD FOR NOTICE OF IN8 TEREST IN PROPERTY FOR HOMELESS.—Section

9 2905(b)(7)(D)(ii)(I) of the Defense Base Closure and Re10 alignment Act of 1990 (part A of title XXIX of Public

11 Law 101–510; 10 U.S.C. 2867 note) is amended by strik12 ing ‘‘that date’’ and inserting ‘‘the date of publication of

13 such determination in a newspaper of general circulation

14 in the communities in the vicinity of the installation under

15 subparagraph (B)(i)(IV)’’.

16 (b) OTHER CLARIFYING AMENDMENTS.—(1) That

17 Act is further amended by inserting ‘‘or realignment’’

18 after ‘‘closure’’ each place it appears in the following pro19 visions:

20 (A) Section 2905(b)(3).

21 (B) Section 2905(b)(5).

22 (C) Section 2905(b)(7)(B)(iv).

23 (D) Section 2905(b)(7)(N).

24 (E) Section 2910(10)(B).
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1 (2) That Act is further amended by inserting ‘‘or re2 aligned’’ after ‘‘closed’’ each place it appears in the fol3 lowing provisions:

4 (A) Section 2905(b)(3)(C)(ii).

5 (B) Section 2905(b)(3)(D).

6 (C) Section 2905(b)(3)(E).

7 (D) Section 2905(b)(4)(A).

8 (E) Section 2905(b)(5)(A).

9 (F) Section 2910(9).

10 (G) Section 2910(10).

11 (3) Section 2905(e)(1)(B) of that Act is amended by

12 inserting ‘‘, or realigned or to be realigned,’’ after ‘‘closed

13 or to be closed’’.

14 Subtitle B—Modification of 1988

15 Base Closure Law

16 SEC. 2911. PAYMENT FOR CERTAIN SERVICES PROVIDED BY

17 REDEVELOPMENT AUTHORITIES FOR PROP18 ERTY LEASED BACK BY THE UNITED STATES.

19 Section 204(b)(4) of the Defense Authorization

20 Amendments and Base Closure and Realignment Act of

21 (Public Law 100–526; 10 U.S.C. 2687 note) is amended

22 by adding at the end the following new subparagraph (J):

23 ‘‘(J)(i) The Secretary may transfer real property at

24 an installation approved for closure or realignment under

25 this title (including property at an installation approved
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1 for realignment which will be retained by the Department

2 of Defense or another Federal agency after realignment)

3 to the redevelopment authority for the installation if the

4 redevelopment authority agrees to lease, directly upon

5 transfer, one or more portions of the property transferred

6 under this subparagraph to the Secretary or to the head

7 of another department or agency of the Federal Govern8 ment. Subparagraph (B) shall apply to a transfer under

9 this subparagraph.

10 ‘‘(ii) A lease under clause (i) shall be for a term of

11 not to exceed 50 years, but may provide for options for

12 renewal or extension of the term by the department or

13 agency concerned.

14 ‘‘(iii) Except as provided in clause (v), a lease under

15 clause (i) may not require rental payments by the United

16 States.

17 ‘‘(iv) A lease under clause (i) shall include a provision

18 specifying that if the department or agency concerned

19 ceases requiring the use of the leased property before the

20 expiration of the term of the lease, the remainder of the

21 lease term may be satisfied by the same or another depart22 ment or agency of the Federal Government using the prop23 erty for a use similar to the use under the lease. Exercise

24 of the authority provided by this clause shall be made in

25 consultation with the redevelopment authority concerned.
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1 ‘‘(v)(I) Notwithstanding clause (iii), a lease under

2 clause (i) may require the United States to pay the rede3 velopment authority concerned, or the assignee of the re4 development authority, for facility services and common

5 area maintenance provided for the leased property by the

6 redevelopment authority or assignee, as the case may be.

7 ‘‘(II) The rate charged the United States for services

8 and maintenance provided by a redevelopment authority

9 or assignee under subclause (I) may not exceed the rate

10 charged non-Federal tenants leasing property at the in11 stallation for such services and maintenance.

12 ‘‘(III) For purposes of this clause, facility services

13 and common area maintenance shall not include municipal

14 services that the State or local government concerned is

15 required by law to provide without direct charge to land16 owners, or firefighting or security-guard functions.’’.

Calendar No. 157

107TH CONGRESS

1ST SESSION S. 1418

A BILL

To authorize appropriations for fiscal year 2002 for

military construction, and for other purposes.

SEPTEMBER 12, 2001

Read twice and placed on the calendar