108TH CONGRESS

2D SESSION S. 2402

AN ACT

To authorize appropriations for fiscal year 2005 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 2005’’.
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1 SEC. 2. TABLE OF CONTENTS.

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 2004

projects.

Sec. 2106. Modification of authority to carry out certain fiscal year 2003

project.

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 2004

projects.

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.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Improvements to military family housing units.

Sec. 2403. Energy conservation projects.

Sec. 2404. Authorization of appropriations, Defense Agencies.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

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 2002 projects.
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Sec. 2703. Extension of authorization of certain fiscal year 2001 project.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

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

projects.

Sec. 2802. Modification of approval and notice requirements for facility repair

projects.

Sec. 2803. Additional reporting requirements relating to alternative authority

for acquisition and improvement of military housing.

Sec. 2804. Modification of authorities under alternative authority for acquisition and improvement of military housing.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Recodification and consolidation of certain authorities and limitations relating to real property administration.

Sec. 2812. Modification and enhancement of authorities on facilities for reserve

components.

Sec. 2813. Authority to exchange or sell reserve component facilities and lands

to obtain new reserve component facilities and lands.

Sec. 2814. Repeal of authority of Secretary of Defense to recommend that installations be placed in inactive status during 2005 round of

defense base closure and realignment.

Subtitle C—Land Conveyances

Sec. 2821. Transfer of administrative jurisdiction, Defense Supply Center, Columbus, Ohio.

Sec. 2822. Land conveyance, Browning Army Reserve Center, Utah.

Sec. 2823. Land exchange, Arlington County, Virginia.

Sec. 2824. Land conveyance, Hampton, Virginia.

Sec. 2825. Land conveyance, Seattle, Washington.

Sec. 2826. Transfer of jurisdiction, Nebraska Avenue Naval Complex, District

of Columbia.

Sec. 2827. Land conveyance, Honolulu, Hawaii.

Sec. 2828. Land conveyance, Portsmouth, Virginia.

Sec. 2829. Land conveyance, former Griffiss Air Force Base, New York.

Sec. 2830. Land exchange, Maxwell Air Force Base, Alabama.

Sec. 2831. Land exchange, Naval Air Station, Patuxent River, Maryland.

Sec. 2832. Land conveyance, March Air Force Base, California.

Sec. 2833. Land conveyance, Sunflower Army Ammunition Plant, Kansas.

Sec. 2834. Land conveyance, Naval Weapons Station, Charleston, South Carolina.

Sec. 2835. Land conveyance, Louisiana Army Ammunition Plant, Doyline, Louisiana.

Sec. 2836. Modification of authority for land conveyance, equipment and storage yard, Charleston, South Carolina.

Subtitle D—Other Matters

Sec. 2841. Department of Defense Follow-On Laboratory Revitalization Demonstration Program.
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Sec. 2842. Jurisdiction and utilization of former public domain lands, Umatilla

Chemical Depot, Oregon.

Sec. 2843. Development of heritage center for the National Museum of the

United States Army.

Sec. 2844. Authority to settle claim of Oakland Base Reuse Authority and Redevelopment Agency of the City of Oakland, California.

Sec. 2845. Comptroller general report on closure of Department of Defense Dependent Elementary and Secondary Schools and commissary

stores.

TITLE XXIX—MARITIME ADMINISTRATION

Sec. 2901. Modification of priority afforded applications for national defense

tank vessel construction assistance.

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 TITLE XXI—ARMY

10 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

11 ACQUISITION PROJECTS.

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

13 appropriated pursuant to the authorization of appropria14 tions in section 2104(a)(1), the Secretary of the Army

15 may acquire real property and carry out military construc16 tion projects for the installations and locations inside the

17 United States, and in the amounts, set forth in the fol18 lowing table:
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Army: Inside the United States

State Installation or location Amount

Alabama .............................. Anniston Army Depot .................. $23,690,000

Fort Rucker ................................. $16,500,000

Alaska ................................. Fort Richardson ........................... $24,300,000

Fort Wainwright .......................... $92,459,000

Arizona ................................ Fort Huachuca ............................. $18,000,000

California ............................ Fort Irwin .................................... $38,100,000

Sierra Army Depot ...................... $13,600,000

Colorado .............................. Fort Carson ................................. $63,158,000

Georgia ................................ Fort Benning ............................... $71,777,000

Fort Gillem .................................. $5,800,000

Fort McPherson ........................... $4,900,000

Fort Stewart/Hunter Army Air

Field ......................................... $65,495,000

Hawaii ................................. Helemano Military Reservation ... $75,300,000

Hickam Air Field ......................... $11,200,000

Pohakuloa Training Area ............ $40,000,000

Schofield Barracks ....................... $162,792,000

Wheeler Army Air Field .............. $24,000,000

Kansas ................................ Fort Riley ..................................... $59,550,000

Kentucky ............................. Fort Campbell .............................. $92,000,000

Fort Knox .................................... $75,750,000

Louisiana ............................ Fort Polk ..................................... $70,953,000

Maryland ............................. Aberdeen Proving Ground ........... $13,000,000

Missouri .............................. Fort Leonard Wood ..................... $28,150,000

New Mexico ......................... White Sands Missile Range ......... $33,000,000

New York ............................ Fort Drum ................................... $7,950,000

Fort Hamilton .............................. $7,600,000

Military Entrance Processing Station, Buffalo.$6,200,000

United States Military Academy,

West Point.

$60,000,000

North Carolina .................... Fort Bragg ................................... $101,687,000

Oklahoma ............................ Fort Sill ....................................... $14,400,000

Pennsylvania ....................... Letterkenny Depot ....................... $11,400,000

Texas ................................... Fort Bliss ..................................... $20,100,000

Fort Hood .................................... $78,088,000

Fort Sam Houston ....................... $11,400,000

Virginia ............................... Fort A.P. Hill .............................. $14,775,000

Fort Myer .................................... $49,526,000

Washington ......................... Fort Lewis ................................... $57,200,000

Total ..................................... $1,563,800,000

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 installations and locations outside the

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

Country Installation or location Amount

Germany ............................... Grafenwoehr .................................... $77,200,000

Italy ...................................... Livorno ............................................ $26,000,000

Korea .................................... Camp Humphreys ........................... $12,000,000

Total ............................................... $115,200,000

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)(5)(A), the Secretary of the

5 Army may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the

7 installations or locations, for the purposes, and in the

8 amounts set forth in the following table:

Army: Family Housing

State or Country Installation or location Purpose Amount

Alaska ........................... Fort Richardson ................ 92 Units ...... $42,000,000

Fort Wainwright ............... 246 Units .... $124,000,000

Arizona ......................... Fort Huachuca .................. 205 Units .... $41,000,000

Yuma Proving Grounds ..... 55 Units ...... $14,900,000

Kansas .......................... Fort Riley .......................... 126 Units .... $33,000,000

New Mexico .................. White Sands Missile Range 156 Units .... $31,000,000

Oklahoma ...................... Fort Sill ............................. 247 Units .... $47,000,000

Virginia ......................... Fort Lee ............................ 218 Units .... $46,000,000

Fort Monroe ...................... 68 Units ...... $16,000,000

Total .... $394,900,000

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in

11 section 2104(a)(5)(A), the Secretary of the Army may

12 carry out architectural and engineering services and con13 struction design activities with respect to the construction

14 or improvement of family housing units in an amount not

15 to exceed $29,209,000.
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1 SEC. 2103. 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 2104(a)(5)(A),

6 the Secretary of the Army may improve existing military

7 family housing units in an amount not to exceed

8 $211,990,000.

9 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

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

11 be appropriated for fiscal years beginning after September

12 30, 2004, for military construction, land acquisition, and

13 military family housing functions of the Department of the

14 Army in the total amount of $3,507,891,000, as follows:

15 (1) For military construction projects inside the

16 United States authorized by section 2101(a),

17 $1,534,500,000.

18 (2) For military construction projects outside

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

20 $115,200,000.

21 (3) For unspecified minor military construction

22 projects authorized by section 2805 of title 10,

23 United States Code, $20,000,000.

24 (4) For architectural and engineering services

25 and construction design under section 2807 of title

26 10, United States Code, $154,335,000.
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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, $636,099,000.

5 (B) For support of military family housing

6 (including the functions described in section

7 2833 of title 10, United States Code),

8 $928,907,000.

9 (6) For the construction of phase 3 of a bar10 racks complex renewal, Capron Road, Schofield Bar11 racks, Hawaii, authorized by section 2101(a) of the

12 Military Construction Authorization Act for Fiscal

13 Year 2003 (division B of Public Law 107–314; 116

14 Stat. 2681), $48,000,000.

15 (7) For the construction of phase 3 of a main16 tenance complex at Fort Sill, Oklahoma, authorized

17 by section 2101(a) of the Military Construction Au18 thorization Act for Fiscal Year 2003 (division B of

19 Public Law 107–314; 116 Stat. 2681), as amended

20 by section 2106 of this Act, $13,100,000.

21 (8) For the construction of phase 2 of a bar22 racks complex, 5th and 16th Street, at Fort Stew23 art/Hunter Army Air Field, Georgia, authorized by

24 section 2101(a) of the Military Construction Author25 ization Act for Fiscal Year 2004 (division B of Pub-
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1 lic Law 108–136; 117 Stat. 1697), as amended by

2 section 2105 of this Act, $32,950,000.

3 (9) For the construction of phase 2 of the

4 Lewis and Clark instructional facility, at Fort Leav5 enworth, Kansas, authorized by section 2101(a) of

6 the Military Construction Authorization Act for Fis7 cal Year 2004 (division B of Public Law 108–136;

8 117 Stat. 1697), $44,000,000.

9 (10) For the construction of phase 2 of a bar10 racks complex at Wheeler Sack Army Air Field,

11 Fort Drum, New York, authorized by section

12 2101(a) of the Military Construction Authorization

13 Act for Fiscal Year 2004 (division B of Public Law

14 108–136; 117 Stat. 1697), as amended by section

15 2105 of this Act, $48,000,000.

16 (11) For the construction of phase 2 of a bar17 racks complex, Bastogne Drive, at Fort Bragg,

18 North Carolina, authorized by section 2101(a) of the

19 Military Construction Authorization Act for Fiscal

20 Year 2004 (division B of Public Law 108–136; 117

21 Stat. 1697), $48,000,000.

22 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

23 PROJECTS.—Notwithstanding the cost variations author24 ized by section 2853 of title 10, United States Code, and

25 any other cost variation authorized by law, the total cost
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1 of all projects carried out under section 2101 of this Act

2 may not exceed—

3 (1) the total amount authorized to be appro4 priated under paragraphs (1) and (2) of subsection

5 (a);

6 (2) $41,000,000 (the balance of the amount au7 thorized under section 2101(a) for an upgrade to

8 Drum Road at the Helemano Military Reservation,

9 Hawaii);

10 (3) $25,000,000 (the balance of the amount au11 thorized under section 2101(a) to construct a vehicle

12 maintenance facility at Schofield Barracks, Hawaii);

13 (4) $25,000,000 (the balance of the amount au14 thorized under section 2101(a) for construction of a

15 barracks complex, 42nd Street and Indiana Avenue,

16 at Fort Campbell, Kentucky);

17 (5) $22,000,000 (the balance of the amount au18 thorized under section 2101(a) for the construction

19 of a basic combat training complex at Fort Knox,

20 Kentucky);

21 (6) $31,000,000 (the balance of the amount au22 thorized under section 2101(a) for construction of a

23 barracks complex, Blackjack Street, Fort Bragg,

24 North Carolina); and
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1 (7) $25,500,000 (the balance of the amount au2 thorized under section 2101(a) for construction of a

3 library and learning center at the United States

4 Military Academy, New York).

5 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT

6 CERTAIN FISCAL YEAR 2004 PROJECTS.

7 The table in section 2101(a) of the Military Construc8 tion Authorization Act for Fiscal Year 2004 (division B

9 of Public Law 108–136; 117 Stat. 1697) is amended—

10 (1) in the item relating to Fort Stewart, Geor11 gia, by striking ‘‘$113,500,000’’ in the amount col12 umn and inserting ‘‘$114,450,000’’;

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

14 York, by striking ‘‘$130,700,000’’ in the amount

15 column and inserting ‘‘$135,700,000’’; and

16 (3) by striking the amount identified as the

17 total in the amount column and inserting

18 ‘‘$1,043,150,000’’.

19 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT

20 CERTAIN FISCAL YEAR 2003 PROJECT.

21 The table in section 2101(a) of the Military Construc22 tion Authorization Act for Fiscal Year 2003 (division B

23 of Public Law 107–314; 116 Stat. 2681), as amended by

24 section 2105(a)(2) of the Military Construction Authoriza-
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1 tion Act for Fiscal Year 2004 (division B of Public Law

2 108–136; 117 Stat. 1701), is further amended—

3 (1) in the item relating to Fort Sill, Oklahoma,

4 by striking ‘‘$39,652,000’’ in the amount column

5 and inserting ‘‘$40,752,000’’; and

6 (2) by striking the amount identified as the

7 total in the amount column and inserting

8 ‘‘$1,157,267,000’’.

9 TITLE XXII—NAVY

10 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

11 ACQUISITION PROJECTS.

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

13 appropriated pursuant to the authorization of appropria14 tions in section 2204(a)(1), the Secretary of the Navy may

15 acquire real property and carry out military construction

16 projects for the installations and locations inside the

17 United States, and in the amounts, set forth in the fol18 lowing table:

Navy: Inside the United States

State Installation or location Amount

Arizona .......................... Marine Corps Air Station, Yuma ........... $26,670,000

California ...................... Marine Corps Base, Camp Pendleton .... $38,455,000

Naval Air Facility, El Centro ................. $54,331,000

Recruit Depot, San Diego ...................... $8,110,000

Connecticut ................... Naval Submarine Base, New London .... $50,302,000

District of Columbia ..... Naval Observatory, Washington ............. $3,239,000

Florida .......................... Eglin Air Force Base ............................. $2,060,000

Naval Station, Mayport .......................... $6,200,000

Georgia .......................... Strategic Weapons Facility Atlantic,

Kings Bay ........................................... $16,000,000

Illinois ........................... Naval Training Station, Great Lakes .... $74,781,000

Maine ............................ Naval Air Station, Brunswick ................ $4,690,000

Portsmouth Naval Station ...................... $7,860,000

Maryland ....................... Naval Surface Warfare Center, Indian

Head ................................................... $13,900,000
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Navy: Inside the United States—Continued

State Installation or location Amount

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

Gulfport .............................................. $4,350,000

Nevada .......................... Naval Air Station, Fallon ....................... $4,980,000

North Carolina .............. Marine Corps Air Station, New River .... $35,140,000

Marine Corps Base, Camp Lejeune ....... $13,420,000

Washington County ................................ $136,900,000

Rhode Island ................. Naval Station Newport ........................... $9,080,000

South Carolina .............. Naval Weapons Station, Charleston ....... $18,140,000

Virginia ......................... Camp Elmore Marine Corps Detachment.$13,500,000

Marine Corps Base, Quantico ................ $46,270,000

Naval Air Station, Oceana ..................... $2,770,000

Naval Amphibious Base, Little Creek .... $2,850,000

Naval Station, Norfolk ........................... $4,330,000

Naval Weapons Station, Yorktown ........ $9,870,000

Washington ................... Naval Shipyard Puget Sound, Bremerton.$20,305,000

Naval Station, Bremerton ...................... $74,125,000

Strategic Weapons Facility Pacific, Bangor ....................................................... $131,090,000

Total ............................................... $833,718,000

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

Diego Garcia .................. Naval Support Facility, Diego Garcia ..... $17,500,000

Guam .............................. Naval Station, Guam ............................... $33,200,000

Italy ................................ Sigonella .................................................. $22,550,000

Total ................................................ $73,250,000

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

9 in section 2204(a)(3), the Secretary of the Navy may ac10 quire real property and carry out military construction
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1 projects for the installations or locations, and in the

2 amount, set forth in the following table:

Navy: Unspecified Worldwide

Location Installation or location Amount

Worldwide Unspecified ... Unspecified Worldwide ............................ $52,658,000

Total ................................................ $52,658,000

3 SEC. 2202. FAMILY HOUSING.

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2204(a)(6)(A), the

6 Secretary of the Navy may construct or acquire family

7 housing units (including land acquisition and supporting

8 facilities) at the installations or locations, for the pur9 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation or Location Purpose Amount

North Carolina ............. Marine Corps Air Station,

Cherry Point .................. 198 Units .... $27,002,000

Total .... $27,002,000

10 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

11 UNITS.

12 Subject to section 2825 of title 10, United States

13 Code, and using amounts appropriated pursuant to the

14 authorization of appropriations in section 2204(a)(6)(A),

15 the Secretary of the Navy may improve existing military

16 family housing units in an amount not to exceed

17 $112,105,000.
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1 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

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

3 be appropriated for fiscal years beginning after September

4 30, 2004, for military construction, land acquisition, and

5 military family housing functions of the Department of the

6 Navy in the total amount of $1,843,716,000, as follows:

7 (1) For military construction projects inside the

8 United States authorized by section 2201(a),

9 $694,338,000.

10 (2) For military construction projects outside

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

12 $73,250,000.

13 (3) For military construction projects at un14 specified worldwide locations authorized by section

15 2201(c), $18,560,000.

16 (4) For unspecified minor military construction

17 projects authorized by section 2805 of title 10,

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

19 (5) For architectural and engineering services

20 and construction design under section 2807 of title

21 10, United States Code, $87,067,000.

22 (6) For military family housing functions:

23 (A) For construction and acquisition, plan24 ning and design, and improvement of military

25 family housing and facilities, $139,107,000.
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1 (B) For support of military family housing

2 (including functions described in section 2833

3 of title 10, United States Code), $704,504,000.

4 (7) For the construction of phase 2 of the ter5 tiary sewage treatment plant at Marine Corps Base,

6 Camp Pendleton, California, authorized by section

7 2201(a) of the Military Construction Authorization

8 Act for Fiscal Year 2004 (division B of Public Law

9 108–136; 117 Stat. 1703), $25,690,000.

10 (8) For the construction of phase 2 of the gen11 eral purpose berthing pier at Naval Weapons Sta12 tion, Earle, New Jersey, authorized by section

13 2201(a) of the Military Construction Authorization

14 Act for Fiscal Year 2004, $49,200,000.

15 (9) For the construction of phase 2 of pier 11

16 replacement at Naval Station, Norfolk, Virginia, au17 thorized by section 2201(a) of the Military Construc18 tion Authorization Act for Fiscal Year 2004,

19 $40,000,000.

20 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

21 PROJECTS.—Notwithstanding the cost variations author22 ized by section 2853 of title 10, United States Code, and

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

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

25 may not exceed—
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1 (1) the total amount authorized to be appro2 priated under paragraphs (1), (2), and (3) of sub3 section (a);

4 (2) $21,000,000 (the balance of the amount au5 thorized under section 2201(a) for the replacement

6 of an aircraft parking apron and hangar at Naval

7 Air Facility El Centro, California);

8 (3) $70,000,000 (the balance of the amount au9 thorized under section 2201(a) to acquire land inter10 ests for an outlying landing field in Washington

11 County, North Carolina);

12 (4) $95,320,000 (the balance of the amount au13 thorized under section 2201(a) for construction of a

14 limited area production and storage complex at the

15 Strategic Weapons Facility Pacific, Bangor, Wash16 ington); and

17 (5) $40,000,000 (the balance of the amount au18 thorized under section 2201(a) for the construction

19 of a bachelor enlisted quarters at Naval Station

20 Bremerton, Washington).

21 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT

22 CERTAIN FISCAL YEAR 2004 PROJECTS.

23 The table in section 2201(a) of the Military Construc24 tion Authorization Act for Fiscal Year 2004 (division B

25 of Public Law 108–136; 117 Stat. 1703) is amended—
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1 (1) in the item relating to Various Locations,

2 CONUS, by striking ‘‘$56,360,000’’ in the amount

3 column and inserting ‘‘$61,510,000’’; and

4 (2) by striking the amount identified as the

5 total in the amount column and inserting

6 ‘‘$1,341,022,000’’.

7 TITLE XXIII—AIR FORCE

8 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

9 LAND ACQUISITION PROJECTS.

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

11 appropriated pursuant to the authorization of appropria12 tions in section 2304(1), the Secretary of the Air Force

13 may acquire real property and carry out military construc14 tion projects for the installations and locations inside the

15 United States, and in the amounts, set forth in the fol16 lowing table:

Air Force: Inside the United States

State Installation or location Amount

Alaska ................................... Elmendorf Air Force Base ............... $54,057,000

Arizona .................................. Davis-Monthan Air Force Base ........ $10,029,000

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

Arkansas ............................... Little Rock Air Force Base .............. $5,031,000

California .............................. Beale Air Force Base ....................... $10,186,000

Edwards Air Force Base .................. $9,965,000

Travis Air Force Base ...................... $15,244,000

Colorado ................................ Buckley Air Force Base ................... $12,247,000

Delaware ............................... Dover Air Force Base ...................... $9,500,000

Florida .................................. Patrick Air Force Base .................... $8,800,000

Georgia .................................. Moody Air Force Base ..................... $9,600,000

Robins Air Force Base ..................... $15,000,000

Hawaii ................................... Hickam Air Force Base ................... $34,400,000

Maui Site .......................................... $7,500,000

Louisiana .............................. Barksdale Air Force Base ................ $13,800,000

Maryland ............................... Andrews Air Force Base .................. $17,100,000

Mississippi ............................. Columbus Air Force Base ................ $7,700,000

Montana ................................ Malmstrom Air Force Base .............. $5,600,000

Nebraska ............................... Offut Air Force Base ....................... $6,721,000

New Mexico ........................... Cannon Air Force Base .................... $9,500,000

North Carolina ...................... Pope Air Force Base ........................ $15,150,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

North Dakota ........................ Minot Air Force Base ....................... $9,900,000

Ohio ....................................... Wright-Patterson Air Force Base .... $9,200,000

Oklahoma .............................. Altus Air Force Base ....................... $10,500,000

Tinker Air Force Base ..................... $8,000,000

South Carolina ...................... Shaw Air Force Base ....................... $3,300,000

South Dakota ........................ Ellsworth Air Force Base ................. $11,800,000

Tennessee .............................. Arnold Air Force Base ..................... $22,000,000

Texas ..................................... Dyess Air Force Base ....................... $11,000,000

Lackland Air Force Base ................. $2,596,000

Sheppard Air Force Base ................. $50,284,000

Utah ...................................... Hill Air Force Base .......................... $20,813,000

Wyoming ............................... F.E. Warren Air Force Base ........... $5,500,000

Total ................................................. $452,023,000

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

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(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:

Air Force: Outside the United States

Country Installation or location Amount

Germany ................................ Ramstein Air Base ........................... $25,404,000

Greenland .............................. Thule Air Base ................................. $19,800,000

Guam ..................................... Andersen Air Base ........................... $19,593,000

Italy ....................................... Aviano Air Base ............................... $6,760,000

Korea ..................................... Kunsan Air Base .............................. $37,100,000

Osan Air Base .................................. $18,600,000

Portugal ................................ Lajes Field, Azores ........................... $5,689,000

United Kingdom .................... Royal Air Force, Lakenheath ........... $5,500,000

Total ......................................... $138,446,000

8 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap9 propriated pursuant to the authorization of appropriations

10 in section 2304(3), the Secretary of the Air Force may

11 acquire real property and carry out military construction
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1 projects for the installations and locations, and in the

2 amounts, set forth in the following table:

Air Force: Unspecified Worldwide

Location Installation or location Amount

Worldwide Classified ............. Worldwide Unspecified Classified ..... $28,794,000

Worldwide Unspecified .......... Worldwide Unspecified ..................... $26,121,000

Total ......................................... $54,915,000

3 SEC. 2302. FAMILY HOUSING.

4 (a) CONSTRUCTION AND ACQUISITION.—Using

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2304(6)(A), the Secretary of the

7 Air Force may construct or acquire family housing units

8 (including land acquisition and supporting facilities) at the

9 installations or locations, for the purposes, and in the

10 amounts set forth in the following table:

Air Force: Family Housing

State Installation or location Purpose Amount

Arizona ......................... Davis-Monthan Air Force

Base ............................... 250 Units .... $48,500,000

California ...................... Edwards Air Force Base ... 218 Units .... $41,202,000

Vandenberg Air Force

Base.

120 Units .... $30,906,000

Florida .......................... MacDill Air Force Base .... 61 Units ...... $21,723,000

MacDill Air Force Base .... Housing

Maintenance Facility.

$1,250,000

Idaho ............................. Mountain Home Air Force

Base ............................... 147 Units .... $39,333,000

Mississippi .................... Columbus Air Force Base Family

Housing

Management Facility.

$711,000

Missouri ........................ Whiteman Air Force Base 160 Units .... $37,087,000

Montana ........................ Malmstrom Air Force Base 115 Units .... $29,910,000

North Carolina ............. Seymour Johnson Air

Force Base .................... 167 Units .... $32,693,000

North Dakota ............... Grand Forks Air Force

Base ............................... 90 Units ...... $26,169,000

Minot Air Force Base ....... 142 Units .... $37,087,000

South Carolina .............. Charleston Air Force Base Fire Station $1,976,000

South Dakota ............... Ellsworth Air Force Base 75 Units ...... $21,482,000

Texas ............................ Dyess Air Force Base ....... 127 Units .... $28,664,000
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Air Force: Family Housing—Continued

State Installation or location Purpose Amount

Goodfellow Air Force Base 127 Units .... $20,604,000

Germany ....................... Ramstein Air Base ............ 144 Units .... $57,691,000

Italy .............................. Aviano Air Base ................ Family

Housing

Office.

$2,542,000

Korea ............................ Osan Air Base ................... 117 Units .... $46,834,000

United Kingdom ........... Royal Air Force,

Lakenheath.

154 Units .... $43,976,000

Total .... $570,340,000

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

3 section 2304(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 $38,266,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, Unites States

11 Code, and using amounts appropriated pursuant to the

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

13 Secretary of the Air Force may improve existing military

14 family housing units in an amount not to exceed

15 $238,353,000.

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

17 FORCE.

18 (a) AUTHORIZATION OF APPROPRIATION.—Funds

19 are hereby authorized to be appropriated for fiscal years
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1 beginning after September 30, 2004, for military con2 struction, land acquisition, and military family housing

3 functions of the Department of the Air Force in the total

4 amount of $2,485,542,000, as follows:

5 (1) For military construction projects inside the

6 United States authorized by section 2301(a),

7 $452,023,000.

8 (2) For military construction projects outside

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

10 $138,446,000.

11 (3) For military construction projects at un12 specified worldwide locations authorized by section

13 2301(c), $54,915,000.

14 (4) For unspecified minor construction projects

15 authorized by section 2805 of title 10, United States

16 Code, $13,000,000.

17 (5) For architectural and engineering services

18 and construction design under section 2807 of title

19 10, United States Code, $124,085,000.

20 (6) For military housing functions:

21 (A) For construction and acquisition, plan22 ning and design, and improvement of military

23 family housing and facilities, $846,959,000.
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1 (B) For support of military family housing

2 (including functions described in section 2833

3 of title 10, United States Code), $856,114,000.

4 (b) OFFSET FOR CERTAIN MILITARY CONSTRUCTION

5 PROJECT.—The amount authorized to be appropriated by

6 section 421 for military personnel is hereby reduced by

7 $5,500,000, with the amount of the reduction to be de8 rived from excess amounts authorized for military per9 sonnel of the Air Force.

10 TITLE XXIV—DEFENSE

11 AGENCIES

12 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC13 TION AND LAND ACQUISITION PROJECTS.

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

15 appropriated pursuant to the authorization of appropria16 tions in section 2404(a)(1), the Secretary of Defense may

17 acquire real property and carry out military construction

18 projects for the installations and locations inside the

19 United States, and in the amounts, set forth in the fol20 lowing table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Intelligence Agency Bolling Air Force Base, District of

Columbia ....................................... $6,000,000

Defense Logistics Agency ..... Defense Distribution Depot, New

Cumberland, Pennsylvania ........... $22,300,000

Defense Distribution Depot, Richmond, Virginia .............................. $10,100,000

Defense Fuel Support Point, Naval

Air Station Oceana, Virginia ........ $3,589,000

Marine Corps Air Station, Cherry

Point, North Carolina ................... $22,700,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Naval Air Station, Kingsville, Texas $3,900,000

Naval Station, Pearl Harbor, Hawaii $3,500,000

Tinker Air Force Base, Oklahoma ... $5,400,000

Travis Air Force Base, California .... $15,100,000

Missile Defense Agency ......... Huntsville, Alabama ......................... $19,560,000

National Security Agency ..... Fort Meade, Maryland ..................... $15,007,000

Special Operations Command Corona, California ............................ $13,600,000

Fleet Combat Training Center, Dam

Neck, Virginia ............................... $5,700,000

Fort A.P. Hill, Virginia .................... $1,500,000

Fort Bragg, North Carolina ............. $42,888,000

Fort Campbell, Kentucky ................. $3,500,000

Fort Stewart/Hunter Army Air

Field, Georgia ............................... $17,600,000

Naval Air Station, North Island,

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

Naval Amphibious Base, Little

Creek, Virginia ............................. $33,200,000

Stennis Center, Mississippi .............. $6,000,000

Tri-Care Management Activity ...................................... Buckley Air Force Base, Colorado ... $2,100,000

Fort Belvoir, Virginia ....................... $100,000,000

Fort Benning, Georgia ..................... $7,100,000

Jacksonville, Florida ......................... $28,438,000

Langley Air Force Base, Virginia .... $50,800,000

Marine Corps Recruit Depot, Parris

Island, South Carolina .................. $25,000,000

Total ......................................... $465,582,000

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

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(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

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

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Agency ... Grafenwoehr, Germany ..................... $36,247,000

Vilseck, Germany .............................. $9,011,000

Naval Station, Guam ........................ $26,964,000

Defense Logistics Agency ..... Defense Fuel Support Point, Lajes

Field, Portugal.

$19,113,000

Special Operations Command Naval Station, Guam, Marianas Islands.$2,200,000

Tri-Care Management Activity ...................................... Diego Garcia ..................................... $3,800,000

Grafenwoehr, Germany ..................... $13,000,000
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Defense Agencies: Outside the United States—Continued

Agency Installation or location Amount

Total ......................................... $110,335,000

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(3), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations, and in the

6 amounts, set forth in the following table:

Defense Agencies: Unspecified Worldwide

Location Installation or location Amount

Worldwide Classified ............. Worldwide Unspecified Classified ..... $7,400,000

Worldwide Unspecified .......... Worldwide Unspecified ..................... $2,900,000

Total ......................................... $10,300,000

7 SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING

8 UNITS.

9 Subject to section 2825 of title 10, United States

10 Code, and using amounts appropriated pursuant to the

11 authorization of appropriations in section 2404(a)(9)(A),

12 the Secretary of Defense may improve existing military

13 family housing units in an amount not to exceed $49,000.

14 SEC. 2403. ENERGY CONSERVATION PROJECTS.

15 Using amounts appropriated pursuant to the author16 ization of appropriations in section 2404(a)(7), the Sec17 retary of Defense may carry out energy conservation

18 projects under section 2865 of title 10, United States

19 Code, in the amount of $60,000,000.
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1 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE2 FENSE AGENCIES.

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

4 be appropriated for fiscal years beginning after September

5 30, 2004, for military construction, land acquisition, and

6 military family housing functions of the Department of

7 Defense (other than the military departments) in the total

8 amount of $1,062,463,000, as follows:

9 (1) For military construction projects inside the

10 United States authorized by section 2401(a),

11 $408,582,000.

12 (2) For military construction projects outside

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

14 $110,335,000.

15 (3) For the military construction projects at

16 unspecified worldwide locations authorized by section

17 2401(c), $10,300,000.

18 (4) For unspecified minor military construction

19 projects under section 2805 of title 10, United

20 States Code, $20,938,000.

21 (5) For contingency construction projects of the

22 Secretary of Defense under section 2804 of title 10,

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

24 (6) For architectural and engineering services

25 and construction design under section 2807 of title

26 10, United States Code, $62,182,000.
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1 (7) For energy conservation projects authorized

2 by section 2404, $60,000,000.

3 (8) For base closure and realignment activities

4 as authorized by the Defense Base Closure and Re5 alignment Act of 1990 (part A of title XXIX of

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

7 $246,116,000.

8 (9) For military family housing functions:

9 (A) For improvement of military family

10 housing and facilities, $49,000.

11 (B) For support of military family housing

12 (including functions described in section 2833

13 of title 10, United States Code), $49,575,000.

14 (C) For credit to the Department of De15 fense Family Housing Improvement Fund es16 tablished by section 2883(a)(1) of title 10,

17 United States Code, $2,500,000.

18 (10) For the construction of phase 6 of a muni19 tions demilitarization facility at Pueblo Chemical Ac20 tivity, Colorado, authorized by section 2401(a) of the

21 Military Construction Authorization Act for Fiscal

22 Year 1997 (division B of Public Law 104–201; 110

23 Stat. 2775), as amended by section 2406 of the Mili24 tary Construction Authorization Act for Fiscal Year

25 2000 (division B of Public Law 106–65; 113 Stat.
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1 839) and section 2407 of the Military Construction

2 Authorization Act for Fiscal Year 2003 (division B

3 of Public Law 107–314; 116 Stat. 2698),

4 $44,792,000.

5 (11) For the construction of phase 5 of a muni6 tions demilitarization facility at Blue Grass Army

7 Depot, Kentucky, authorized by section 2401(a) of

8 the Military Construction Authorization Act for Fis9 cal Year 2000 (division B of Public Law 106–65;

10 113 Stat. 835), as amended by section 2405 of the

11 Military Construction Authorization Act of 2002 (di12 vision B of Public Law 107–107; 115 Stat. 1298)

13 and section 2405 of the Military Construction Au14 thorization Act for Fiscal Year 2003 (division B of

15 Public Law 107–314; 116 Stat. 2698), $37,094,000.

16 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

17 PROJECTS.—Notwithstanding the cost variations author18 ized by section 2853 of title 10, United States Code, and

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

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

21 may not exceed—

22 (1) the total amount authorized to be appro23 priated under paragraphs (1), (2), and (3) of sub24 section (a); and
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1 (2) $57,000,000 (the balance of the amount au2 thorized under section 2401(a) for the replacement

3 of a hospital at Fort Belvoir, Virginia).

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, 2004, 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 $165,800,000.
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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, 2004, 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, $361,072,000; and

16 (B) for the Army Reserve, $63,047,000.

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

18 Naval and Marine Corps Reserve, $25,285,000.

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

20 (A) for the Air National Guard of the

21 United States, $214,418,000; and

22 (B) for the Air Force Reserve,

23 $99,206,000.
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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, 2007; or

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

18 2008.

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, 2007; or

2 (2) the date of the enactment of an Act author3 izing funds for fiscal year 2008 for military con4 struction projects, land acquisition, family housing

5 projects and facilities, and contributions to the

6 North Atlantic Treaty Organization Security Invest7 ment program.

8 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

9 FISCAL YEAR 2002 PROJECTS.

10 (a) EXTENSION OF CERTAIN PROJECTS.—Notwith11 standing section 2701 of the National Defense Authoriza12 tion Act for Fiscal Year 2001 (division B of Public Law

13 107–107; 115 Stat. 1301), authorizations set forth in the

14 tables in subsection (b), as provided in section 2101 or

15 2302 of that Act, shall remain in effect until October 1,

16 2005, or the date of the enactment of an Act authorizing

17 funds for military construction for fiscal year 2006, which18 ever is later.

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

20 are as follows:

Army: Extension of 2002 Project Authorizations

State Installation or location Project Amount

Alaska ........................... Fort Wainwright ......... Power Plant

Cooling

Tower .......... $23,000,000

Hawaii .......................... Pohakuloa Training

Area ......................... Parker Ranch

Land Acquisition ............ $1,500,000
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Air Force: Extension of 2002 Project Authorizations

State Installation or location Project Amount

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

Base ......................... Construct Family Housing

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

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

Base ......................... Replace Family

Housing (56

Units) .......... $7,300,000

1 SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN

2 FISCAL YEAR 2001 PROJECT.

3 (a) EXTENSION.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal

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

6 Defense Authorization Act for Fiscal Year 2001 (as en7 acted into law by Public Law 106–398; 114 Stat. 1654A–

8 407)), authorizations set forth in the table in subsection

9 (b), as provided in section 2102 of that Act and extended

10 by section 2702 of the Military Construction Authoriza11 tion Act for Fiscal Year 2004 (division B of Public Law

12 108–136; 117 Stat. 1716), shall remain in effect until Oc13 tober 1, 2005, or the date of the enactment of an Act

14 authorizing funds for military construction for fiscal year

15 2006, whichever is later.

16 (b) TABLE.—The table referred to in subsection (a)

17 is as follows:
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Army: Extension of 2001 Project Authorization

State Installation or location Project Amount

South Carolina ............. Fort Jackson ............... New Construction–Family

Housing (1

Unit) ............ $250,000

1 SEC. 2704. EFFECTIVE DATE.

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

3 of this Act shall take effect on the later of—

4 (1) October 1, 2004; or

5 (2) the date of the enactment of this Act.

6 TITLE XXVIII—GENERAL

7 PROVISIONS

8 Subtitle A—Military Construction

9 Program and Military Family

10 Housing Changes

11 SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED

12 MINOR MILITARY CONSTRUCTION PROJECTS.

13 (a) INCREASE.—Section 2805(a)(1) of title 10,

14 United States Code, is amended—

15 (1) by striking ‘‘$1,500,000’’ and inserting

16 ‘‘$2,500,000’’; and

17 (2) by striking ‘‘$3,000,000’’ and inserting

18 ‘‘$4,000,000’’.

19 (b) EFFECTIVE DATE.—The amendments made by

20 subsection (a) shall take effect on October 1, 2004.
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1 SEC. 2802. MODIFICATION OF APPROVAL AND NOTICE RE2 QUIREMENTS FOR FACILITY REPAIR

3 PROJECTS.

4 (a) INCREASE IN THRESHOLD FOR APPROVAL RE5 QUIREMENT.—Subsection (b) of section 2811 of title 10,

6 United States Code, is amended by striking ‘‘$5,000,000’’

7 and inserting ‘‘$7,500,000’’.

8 (b) INFORMATION REQUIRED IN COST ESTIMATE

9 FOR MULTI-YEAR PROJECTS.—Subsection (d)(1) of such

10 section is amended by inserting before the semicolon the

11 following: ‘‘, including, in the case of a multi-year repair

12 project to a single facility, the total cost of all phases of

13 such project’’.

14 (c) EFFECTIVE DATE.—The amendments made by

15 this section shall take effect on October 1, 2004.

16 SEC. 2803. ADDITIONAL REPORTING REQUIREMENTS RE17 LATING TO ALTERNATIVE AUTHORITY FOR

18 ACQUISITION AND IMPROVEMENT OF MILI19 TARY HOUSING.

20 (a) PROJECT REPORTS.—Paragraph (2) of sub21 section (a) of section 2884 of title 10, United States Code,

22 is amended to read as follows:

23 ‘‘(2) The report on a proposed contract, conveyance,

24 or lease under paragraph (1) shall include the following:
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1 ‘‘(A) A description of the contract, conveyance,

2 or lease, including a summary of the terms of the

3 contract, conveyance, or lease.

4 ‘‘(B) A description of the authorities to be uti5 lized in entering into the contract, conveyance, or

6 lease and the intended method of participation of the

7 United States in the contract, conveyance, or lease

8 (including a justification of the intended method of

9 participation).

10 ‘‘(C) A statement of the scored cost of the con11 tract, conveyance, or lease (as determined by the Of12 fice of Management and Budget).

13 ‘‘(D) A statement of the United States funds

14 required for the contract, conveyance, or lease and

15 a description of the source of such funds.

16 ‘‘(E) An economic assessment of the life cycle

17 costs of the contract, conveyance, or lease, including

18 an estimate of the amount of United States funds

19 that would be paid over the life of the contract, con20 veyance, or lease from amounts derived from pay21 ments of government allowances (including basic al22 lowance for housing under section 403 of title 37)

23 if the housing affected by the project were fully oc24 cupied by military personnel over the life of the con25 tract, conveyance, or lease.’’.
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1 (b) ANNUAL REPORTS.—Subsection (b) of such sec2 tion is amended—

3 (1) by redesignating paragraph (5) as para4 graph (6); and

5 (2) by inserting after paragraph (4) the fol6 lowing new paragraph (5):

7 ‘‘(5) A report setting forth—

8 ‘‘(A) an estimate of the amounts of basic

9 allowance for housing under section 403 of title

10 37 that will be paid during the fiscal year in

11 which the budget is submitted to members of

12 the armed forces living in housing provided

13 under the authorities in this subchapter during

14 such fiscal year, set forth by armed force; and

15 ‘‘(B) an estimate of the amounts of basic

16 allowance for housing that will be paid during

17 the fiscal year for which the budget is sub18 mitted to members of the armed forces living in

19 such housing during such fiscal year, set forth

20 by armed force.’’.

21 SEC. 2804. MODIFICATION OF AUTHORITIES UNDER ALTER22 NATIVE AUTHORITY FOR ACQUISITION AND

23 IMPROVEMENT OF MILITARY HOUSING.

24 (a) REQUIREMENTS FOR CONTRACTS FOR LEASING

25 OF HOUSING.—Section 2874 of title 10, United States
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1 Code, is amended by striking subsection (b) and inserting

2 the following new subsection (b):

3 ‘‘(b) CONTRACT TERMS.—Any contract for the lease

4 of housing units under subsection (a) shall include the fol5 lowing provisions:

6 ‘‘(1) That the obligation of the United States to

7 make payments under such contract in any fiscal

8 year shall be subject to appropriations being avail9 able for such fiscal year and specifically for the

10 project covered by such contract.

11 ‘‘(2) A commitment to obligate the necessary

12 amount for a fiscal year covered by such contract

13 when and to the extent that funds are appropriated

14 for the project covered by such contract.

15 ‘‘(3) That the commitment described in para16 graph (2) does not constitute an obligation of the

17 United States.’’.

18 (b) INVESTMENTS SUBJECT TO AVAILABILITY OF AP19 PROPRIATIONS.—Section 2875(a) of such title is amended

20 by inserting ‘‘, subject to the availability of appropriations

21 for such purpose,’’ after ‘‘may’’.

22 (c) REPEAL OF CERTAIN AUTHORITIES.—

23 (1) RENTAL GUARANTEES.—Section 2876 of

24 such title is repealed.
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1 (2) DIFFERENTIAL LEASE PAYMENTS.—Section

2 2877 of such title is repealed.

3 (3) ASSIGNMENT OF MEMBERS OF THE ARMED

4 FORCES TO HOUSING UNITS.—Section 2882 of such

5 title is repealed.

6 (d) INCREASE IN AMOUNT OF BUDGET AUTHORITY

7 FOR MILITARY FAMILY HOUSING.—Section 2883(g)(1) of

8 such title is amended by striking ‘‘$850,000,000’’ and in9 serting ‘‘$850,000,001’’.

10 (e) CLERICAL AMENDMENTS.—The table of sections

11 at the beginning of subchapter IV of chapter 169 of such

12 title is amended by striking the items relating to sections

13 2876, 2877, and 2882.

14 Subtitle B—Real Property and

15 Facilities Administration

16 SEC. 2811. RECODIFICATION AND CONSOLIDATION OF CER17 TAIN AUTHORITIES AND LIMITATIONS RE18 LATING TO REAL PROPERTY ADMINISTRA19 TION.

20 (a) CERTAIN PROVISIONS ON LAND ACQUISITION.—

21 (1) RECODIFICATION.—Section 2661 of title

22 10, United States Code, is amended by adding at

23 the end the following new subsections:

24 ‘‘(c) COMMISSIONS ON LAND PURCHASE CON25 TRACTS.—The maximum amount payable as a commission
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1 on a contract for the purchase of land from funds appro2 priated for the Department of Defense is 2 percent of the

3 purchase price.

4 ‘‘(d) AVAILABILITY OF FUNDS FOR ACQUISITION OF

5 CERTAIN INTERESTS IN LANDS.—Appropriations avail6 able to the Department of Defense for operation and

7 maintenance or construction may be used for the fol8 lowing:

9 ‘‘(1) The acquisition of land or interests in land

10 under section 2672 of this title.

11 ‘‘(2) The acquisition of interests in land under

12 section 2675 of this title.’’.

13 (2) STYLISTIC AMENDMENTS.—Such section is

14 further amended—

15 (A) in subsection (a), by inserting ‘‘AVAIL16 ABILITY OF FUNDS FOR REPAIR OF FACILITIES

17 AND FOR INSTALLATION OF EQUIPMENT.—’’

18 after ‘‘(a)’’; and

19 (B) in subsection (b), by inserting

20 ‘‘LEASES; DEFENSE ACCESS ROADS.—’’ after

21 ‘‘(b)’’.

22 (b) CERTAIN PROVISIONS ON USE OF FACILITIES.—

23 Section 2679 of such title is amended to read as follows:
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1 ‘‘§ 2679. Use of facilities: use by private organizations;

2 use as polling places

3 ‘‘(a) USE OF SPACE AND EQUIPMENT BY VETERANS

4 SERVICE ORGANIZATIONS.—(1) Upon certification to the

5 Secretary concerned by the Secretary of Veterans Affairs,

6 the Secretary concerned shall allow accredited, paid, full7 time representatives of the organizations named in section

8 5902 of title 38, or of other organizations recognized by

9 the Secretary of Veterans Affairs, to function on military

10 installations under the jurisdiction of the Secretary con11 cerned that are on land and from which persons are dis12 charged or released from active duty.

13 ‘‘(2) The commanding officer of a military installa14 tion allowing representatives to function on the installa15 tion under paragraph (1) shall allow the representatives

16 to use available space and equipment at the installation.

17 ‘‘(3) The regulations prescribed to carry out section

18 2679 of title 10, United States Code (as in effect on the

19 day before the date of the enactment of the National De20 fense Authorization Act for Fiscal Year 2005), that are

21 in effect on January 1, 1958, shall remain in effect until

22 changed by joint action of the Secretary concerned and

23 the Secretary of Veterans Affairs.

24 ‘‘(4) This subsection does not authorize the violation

25 of measures of military security.
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1 ‘‘(b) LICENSES TO AMERICAN NATIONAL RED CROSS

2 FOR ERECTION AND USE OF BUILDINGS.—(1) Under

3 such conditions as the Secretary concerned may prescribe,

4 such Secretary may issue a revocable license to the Amer5 ican National Red Cross to—

6 ‘‘(A) erect and maintain, on any military instal7 lation under the jurisdiction of such Secretary,

8 buildings for the storage of supplies; or

9 ‘‘(B) use, for the storage of supplies, buildings

10 erected by the United States.

11 ‘‘(2) Supplies stored in buildings erected or used

12 under this subsection are available to aid the civilian popu13 lation in a serious national disaster.

14 ‘‘(c) USE OF CERTAIN FACILITIES AS POLLING

15 PLACES.—(1) Notwithstanding chapter 29 of title 18 (in16 cluding sections 592 and 593 of such title) or any other

17 provision of law, the Secretary of Defense or Secretary

18 of a military department may not (except as provided in

19 paragraph (3)) prohibit the designation or use of a quali20 fying facility under the jurisdiction of such Secretary as

21 an official polling place for Federal, State, or local elec22 tions.

23 ‘‘(2) A Department of Defense facility is a qualifying

24 facility for purposes of this subsection if as of December

25 31, 2000—
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1 ‘‘(A) the facility is designated as an official

2 polling place by a State or local election official; or

3 ‘‘(B) the facility has been used as such an offi4 cial polling place since January 1, 1996.

5 ‘‘(3) The limitation in paragraph (1) may be waived

6 by the Secretary of Defense or the Secretary of a military

7 department with respect to a particular Department of

8 Defense facility if such Secretary determines that local se9 curity conditions require prohibition of the designation or

10 use of that facility as an official polling place for any elec11 tion.’’.

12 (c) REPEAL OF SUPERSEDED PROVISIONS.—Sections

13 2666, 2670, and 2673 of such title are repealed.

14 (d) CLERICAL AMENDMENTS.—The table of sections

15 for chapter 159 of such title is amended—

16 (1) by striking the items relating to sections

17 2666, 2670, and 2673; and

18 (2) by striking the item relating to section 2679

19 and inserting the following new item:

‘‘Sec. 2679. Use of facilities: use by private organizations; use as polling

places.’’.

20 SEC. 2812. MODIFICATION AND ENHANCEMENT OF AU21 THORITIES ON FACILITIES FOR RESERVE

22 COMPONENTS.

23 (a) INTERESTS IN LAND.—
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1 (1) DEFINITION OF TERM.—Section 18232 of

2 title 10, United States Code, is amended—

3 (A) by striking paragraph (2);

4 (B) by redesignating paragraph (3) as

5 paragraph (4); and

6 (C) by inserting after paragraph (1) the

7 following new paragraphs:

8 ‘‘(2) The term ‘facility’ includes any armory,

9 readiness center, building, structure, or other im10 provement of real property needed for the adminis11 tration and training of any unit of the reserve com12 ponents of the armed forces.

13 ‘‘(3) The term ‘interest in land’ includes a fee

14 title, lease, easement, license, permit, or agreement

15 on use of a parcel of real property needed for the

16 administration and training of any unit of the re17 serve components of the armed forces.’’.

18 (2) UTILIZATION OF TERM.—(A) Section

19 18231(1) of such title is amended by inserting be20 fore the semicolon the following: ‘‘, and the acquisi21 tion of interests in land for such purposes’’.

22 (B) Section 18233 of such title is amended—

23 (i) in subsection (a), by inserting ‘‘or inter24 ests in land’’ after ‘‘facilities’’ each place it ap25 pears; and
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1 (ii) in subsection (f)(2), by striking ‘‘real

2 property’’ and inserting ‘‘interests in land’’.

3 (C) Section 18233a(a)(1) of such title is

4 amended by inserting ‘‘or interest in land’’ after ‘‘fa5 cility’’.

6 (b) MODIFICATION AND ENHANCEMENT OF ACQUISI7 TION AUTHORITY.—Section 18233 of such title is further

8 amended—

9 (1) in subsection (a)—

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

11 by striking ‘‘and to’’ and inserting ‘‘chapters

12 159 and 169 of this title, and’’; and

13 (B) in paragraph (1), by striking ‘‘trans14 fer,’’ and inserting ‘‘transfer from a military

15 department, another department or agency of

16 the Federal Government, or a State agency,’’;

17 and

18 (2) in subsection (f)(2), by striking ‘‘exchange

19 of Government-owned land, or otherwise’’ and insert20 ing ‘‘or exchange of Government-owned land’’.

21 (c) AUTHORITY TO CARRY OUT SMALL PROJECTS.—

22 (1) MODIFICATION OF LIMITATION ON AUTHOR23 ITY.—Section 18233a(a) of such title is further

24 amended—
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1 (A) in paragraph (1), by striking

2 ‘‘$1,500,000’’ and inserting ‘‘$750,000’’; and

3 (B) in paragraph (2), by adding at the end

4 the following new subparagraph:

5 ‘‘(D) A repair project (as that term is defined

6 in section 2811(e) of this title) costing less than

7 $10,000,000.’’.

8 (2) RECODIFICATION OF AUTHORITY TO CARRY

9 OUT WITH OPERATION AND MAINTENANCE FUNDS.—

10 Chapter 1803 of title 10, United States Code, is

11 amended by inserting after section 18233a the fol12 lowing new section:

13 ‘‘§ 18233b. Authority to carry out small projects with

14 operation and maintenance funds

15 ‘‘Under such regulations as the Secretary of Defense

16 may prescribe, the Secretary may spend, from appropria17 tions available for operation and maintenance, amounts

18 necessary to carry out any project authorized under sec19 tion 18233(a) of this title costing not more than—

20 ‘‘(1) the amount specified in section

21 2805(c)(1)(A) of this title, in the case of a project

22 intended solely to correct a deficiency that is life23 threatening, health-threatening, or safety-threat24 ening; or
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1 ‘‘(2) the amount specified in section

2 2805(c)(1)(B) of this title, in the case of any other

3 project.’’.

4 (3) REPEAL OF SUPERSEDED AUTHORITY.—

5 Section 18233a of such title is amended by striking

6 subsection (b).

7 (4) CONFORMING AMENDMENTS.—Section

8 18233a of such title is further amended—

9 (A) by striking ‘‘(1) Except as provided in

10 paragraph (2)’’ and inserting ‘‘Except as pro11 vided in subsection (b)’’; and

12 (B) by redesignating paragraph (2) as sub13 section (b) and in that subsection, as so

14 redesignated—

15 (i) by striking ‘‘Paragraph (1)’’ and

16 inserting ‘‘Subsection (a)’’;

17 (ii) by redesignating subparagraphs

18 (A), (B), (C), and (D) as paragraphs (1),

19 (2), (3), and (4), respectively; and

20 (iii) in paragraph (2), as so

21 redesignated—

22 (I) by redesignating clauses (i)

23 and (ii) as subparagraphs (A) and

24 (B), respectively; and
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1 (II) in subparagraph (B), as so

2 redesignated, by striking ‘‘(I) 25 per3 cent, or (II)’’ and inserting ‘‘(i) 25

4 percent, or (ii)’’.

5 (5) CLERICAL AMENDMENTS.—(A) The heading

6 of section 18233a of such title is amended to read

7 as follows:

8 ‘‘§ 18233a. Limitation on certain projects’’.

9 (B) The table of sections at the beginning of

10 chapter 1803 of such title is amended by striking

11 the item relating to section 18233a and inserting the

12 following new items:

‘‘18233a. Limitation on certain projects.

‘‘18233b. Authority to carry out small projects with operation and maintenance

funds.’’.

13 SEC. 2813. AUTHORITY TO EXCHANGE OR SELL RESERVE

14 COMPONENT FACILITIES AND LANDS TO OB15 TAIN NEW RESERVE COMPONENT FACILITIES

16 AND LANDS.

17 (a) IN GENERAL.—The Secretary of Defense may au18 thorize each Secretary of a military department to carry

19 out projects to assess the feasibility and advisability of ob20 taining new facilities and lands for the reserve components

21 of such department through the exchange or sale of exist22 ing facilities or lands of such reserve components.
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1 (b) TRANSACTIONS AUTHORIZED.—Pursuant to the

2 authority under subsection (a), the Secretary of a military

3 department may carry out any transaction as follows:

4 (1) An exchange of an existing facility or exist5 ing interest in land of a reserve component of such

6 department for a new facility, an interest in land, or

7 an addition to an existing facility for the reserve

8 component.

9 (2) A sale of an existing facility or existing in10 terest in land of a reserve component of such depart11 ment with the proceeds of sale used to acquire a new

12 facility, an interest in land, or an addition to an ex13 isting facility for the reserve component.

14 (3) A combination of an exchange and sale of

15 an existing facility, interest in land, or both of a re16 serve component of such department with the use of

17 the exchange allowance and proceeds of sale to ac18 quire a facility, an interest in land, or an addition

19 to an existing facility for the reserve component.

20 (c) FACILITIES AND LANDS SUBJECT TO TRANS21 ACTION.—A facility or interest in land of a reserve compo22 nent that may be exchanged or sold pursuant to the au23 thority under subsection (a) is any facility or interest in

24 land under the control of the military department con-
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1 cerned that is not excess property, as that term is defined

2 in section 102(3) of title 40, United States Code.

3 (d) FAIR MARKET VALUE TO BE OBTAINED IN

4 TRANSACTION.—In any exchange or sale of an existing fa5 cility pursuant to the authority under subsection (a), the

6 United States shall receive cash, a replacement facility or

7 addition to an existing facility, an interest in land, or a

8 combination thereof of in an amount not less than the fair

9 market value of the existing facility, as determined by the

10 Secretary of the military department concerned.

11 (e) REQUIREMENTS FOR REPLACEMENT FACILI12 TIES.—(1) A facility obtained as a replacement facility for

13 an existing facility, or as an addition to an existing facil14 ity, pursuant to the authority under subsection (a) shall,

15 as determined by the Secretary of the military department

16 concerned—

17 (A) be complete and usable, fully functional,

18 and ready for occupancy, and satisfy fully all oper19 ational requirements of the existing facility; and

20 (B) meet all applicable Federal, State, and local

21 requirements relating to health, safety, fire, and the

22 environment.

23 (2) A facility obtained as a replacement facility for

24 an existing facility, or as an addition to an existing facil25 ity, pursuant to the authority under subsection (a) shall
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1 meet the requirements specified in subparagraphs (A) and

2 (B) of paragraph (1) before the conclusion of the exchange

3 or sale of the existing facility concerned.

4 (f) AGREEMENT REQUIRED.—The Secretary of a

5 military department shall carry out each transaction pur6 suant to the authority under subsection (a) through an

7 agreement for that purpose entered into by such Secretary

8 and the person or entity carrying out the transaction.

9 (g) SELECTION AMONG COMPETING PARTICI10 PANTS.—(1) If more than one person or entity notifies the

11 Secretary of a military department of an interest in car12 rying out a transaction pursuant to the authority under

13 subsection (a), the Secretary shall, except as provided in

14 paragraph (2), select the person or entity to carry out the

15 transaction through the use of competitive procedures.

16 (2) The Secretary of a military department may use

17 procedures other than competitive procedures to select

18 among persons and entities to carry out a transaction pur19 suant to the authority under subsection (a), but only in

20 accordance with subsections (c) through (f) of section

21 2304 of title 10, United States Code.

22 (h) NOTICE AND WAIT REQUIREMENT.—(1) The

23 Secretary of a military department may not enter into an

24 agreement pursuant to the authority under subsection (a)

25 until 30 days after the date on which such Secretary sub-
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1 mits to the congressional defense committees a report on

2 the agreement.

3 (2) A report on an agreement under paragraph (1)

4 shall include the following:

5 (A) A description of terms of the agreement, in6 cluding a description of any funds to be received by

7 the United States under the agreement and the pro8 posed use of such funds.

9 (B) A description of the existing facility, inter10 est in land, or both of a reserve component covered

11 by the agreement, including the fair market value of

12 such facility, interest in land, or both and the meth13 od of determination of such fair market value.

14 (C) Data on the facility or addition to an exist15 ing facility, if any, to be received by the United

16 States under the agreement, which data shall meet

17 requirements for data to be provided Congress for

18 military construction projects to obtain a similar fa19 cility or addition to an existing facility.

20 (D) A certification that the existing facility, in21 terest in land, or both of a reserve component cov22 ered by the agreement is not required by another

23 military department.
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1 (3) Section 2662 of title 10, United States Code,

2 shall not apply to any transaction carried out pursuant

3 to the authority under subsection (a).

4 (i) TREATMENT OF FUNDS RECEIVED IN TRANS5 ACTIONS.—(1) The Secretary of a military department

6 shall deposit in a special account in the Treasury estab7 lished for such purpose pursuant to section 572(b) of title

8 40, United States Code, any amounts received pursuant

9 to an agreement entered into by such Secretary pursuant

10 to the authority under subsection (a).

11 (2) Amounts deposited by the Secretary of a military

12 department under paragraph (1) in the account estab13 lished by such Secretary under that paragraph with re14 spect to an agreement shall be available to such Secretary,

15 without further appropriation, as follows:

16 (A) For the construction or acquisition of facili17 ties, or of additions to existing facilities, for the re18 serve component concerned at the location to which

19 such agreement applies.

20 (B) To the extent that such amounts are not

21 required for purposes of subparagraph (A), for

22 maintenance, protection, alteration, repair, improve23 ment, or restoration (including environmental res24 toration) of facilities or property of the reserve com-
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1 ponent concerned at the location to which such

2 agreement applies.

3 (3) Amounts available under paragraph (2) shall re4 main available until expended.

5 (j) SOLE AUTHORITY FOR EXCHANGES OF FACILI6 TIES AND LANDS.—Except as otherwise specifically au7 thorized by law, during the period of the authority under

8 subsection (a), the authority under that subsection to ex9 change facilities or interests in land of the reserve compo10 nents to obtain facilities, interests in land, or additions

11 to facilities for the reserve components is the sole author12 ity available in law for that purpose.

13 (k) CONSTRUCTION WITH OTHER MILITARY CON14 STRUCTION LAWS.—Transactions pursuant to the author15 ity under subsection (a) shall not be treated as military

16 construction projects requiring an authorization in law as

17 otherwise required by section 2802 of title 10, United

18 States Code.

19 (l) REPORT.—Not later than March 1, 2007, the Sec20 retary of Defense shall submit to the congressional defense

21 committees a report on the exercise of the authority under

22 subsection (a). The report shall include the following:

23 (1) A description of the projects carried out

24 under the authority.
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1 (2) A description of the analysis and criteria

2 used to identify existing facilities and interests in

3 land to be exchanged or sold under the authority.

4 (3) An assessment of the utility to the Depart5 ment of Defense of the authority, including rec6 ommendations for modifications of such authority in

7 order to enhance the utility of such authority for the

8 Department.

9 (4) An assessment of interest in future ex10 changes or sales in the event the authority is ex11 tended.

12 (5) An assessment of the advisability of making

13 the authority, including any modifications of the au14 thority recommended under paragraph (3), perma15 nent.

16 (m) DEFINITIONS.—In this section:

17 (1) The term ‘‘facility’’ includes an armory,

18 readiness center, or other structure, and storage or

19 other facilities, normally needed for the administra20 tion and training of a unit of a reserve component.

21 (2) The terms ‘‘armory’’ and ‘‘readiness center’’

22 have the meanings given such terms in section

23 18232(3) of title 10, United States Code.
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1 (n) EXPIRATION DATE.—No transaction may be

2 commenced pursuant to the authority under subsection (a)

3 after September 30, 2006.

4 SEC. 2814. REPEAL OF AUTHORITY OF SECRETARY OF DE5 FENSE TO RECOMMEND THAT INSTALLA6 TIONS BE PLACED IN INACTIVE STATUS DUR7 ING 2005 ROUND OF DEFENSE BASE CLOSURE

8 AND REALIGNMENT.

9 Section 2914 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. 2687 note) is amended by strik12 ing subsection (c).

13 Subtitle C—Land Conveyances

14 SEC. 2821. TRANSFER OF ADMINISTRATIVE JURISDICTION,

15 DEFENSE SUPPLY CENTER, COLUMBUS,

16 OHIO.

17 (a) TRANSFER AUTHORIZED.—The Secretary of the

18 Army may transfer, without reimbursement, to the Sec19 retary of Veterans Affairs administrative jurisdiction of a

20 parcel of real property consisting of approximately 20

21 acres and comprising a portion of the Defense Supply

22 Center in Columbus, Ohio.

23 (b) USE OF PROPERTY.—The Secretary of Veterans

24 Affairs may only use the property transferred under sub25 section (a) as the site for the construction of a new out-
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1 patient clinic for the provision of medical services to vet2 erans.

3 (c) COSTS.—Any administrative costs in connection

4 with the transfer of property under subsection (a), includ5 ing the costs of the survey required by subsection (e), shall

6 be borne by the Secretary of Veterans Affairs.

7 (d) RETURN OF JURISDICTION TO ARMY.—If at any

8 time the Secretary of the Army determines that the prop9 erty transferred under subsection (a) is not being utilized

10 for the outpatient clinic described in subsection (b), then,

11 at the election of the Secretary of the Army, the Secretary

12 of Veterans Affairs shall return to the Secretary of the

13 Army administrative jurisdiction of the property.

14 (e) EXEMPTION FROM FEDERAL SCREENING.—The

15 conveyance under subsection (a) is exempt from the re16 quirement to screen the property for other Federal use

17 pursuant to section 2693 of title 10, United States Code.

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

19 and legal description of the real property to be transferred

20 under subsection (a) shall be determined by a survey satis21 factory to the Secretary of the Army.

22 (g) ADDITIONAL TERMS AND CONDITIONS.—The

23 Secretary of the Army may require such additional terms

24 and conditions in connection with the transfer under sub-
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1 section (a) as the Secretary considers appropriate to pro2 tect the interests of the United States.

3 SEC. 2822. LAND CONVEYANCE, BROWNING ARMY RESERVE

4 CENTER, UTAH.

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

6 of the Army may convey, without consideration, to the

7 State of Utah (in this section referred to as the ‘‘State’’)

8 all right, title, and interest of the United States in and

9 to a parcel of unimproved real property consisting of ap10 proximately 10 acres and located at the Browning Army

11 Reserve Center, Utah.

12 (2) The purpose of the conveyance is to permit the

13 Department of Veterans Affairs of the State of Utah to

14 construct and operate a facility for the provision of nurs15 ing care for veterans.

16 (b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

17 Secretary may require the State to cover costs to be in18 curred by the Secretary, or to reimburse the Secretary for

19 costs incurred by the Secretary, to carry out the convey20 ance under subsection (a), including survey costs, costs re21 lated to environmental documentation, and other adminis22 trative costs related to the conveyance. If amounts paid

23 to the Secretary in advance exceed the costs actually in24 curred by the Secretary to carry out the conveyance, the

25 Secretary shall refund the excess amount to the State.
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1 (2) Amounts received under paragraph (1) shall be

2 credited to the fund or account that was used to cover

3 the costs incurred by the Secretary. Amounts so credited

4 shall be merged with amounts in such fund or account,

5 and shall be available for the same purposes, and subject

6 to the same conditions and limitations, as amounts in such

7 fund or account.

8 (c) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the property to be conveyed under

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

11 to the Secretary.

12 (d) ADDITIONAL TERMS AND CONDITIONS.—The

13 Secretary may require such additional terms and condi14 tions in connection with the conveyance under subsection

15 (a) as the Secretary considers appropriate to protect the

16 interests of the United States.

17 SEC. 2823. LAND EXCHANGE, ARLINGTON COUNTY, VIR18 GINIA.

19 (a) EXCHANGE AUTHORIZED.—(1) The Secretary of

20 Defense may convey to Arlington County, Virginia (in this

21 section referred to as the ‘‘County’’), all right, title, and

22 interest of the United States in and to a parcel of real

23 property, together with any improvements thereon, con24 sisting of not more than 4.5 acres and located along the

25 western boundary of the Navy Annex property, Virginia,
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1 for the purpose of the construction of a freedmen heritage

2 museum and an Arlington history museum.

3 (2) The size of the parcel of real property conveyed

4 under paragraph (1) shall be such that the acreage of the

5 parcel shall be equivalent to the acreage of the parcel of

6 real property conveyed under subsection (b). The Sec7 retary shall determine the acreage of the parcels, and such

8 determination shall be final.

9 (b) CONSIDERATION.—As consideration for the con10 veyance of property under subsection (a), the County shall

11 convey to the United States all right, title, and interest

12 of the County in and to a parcel of real property, together

13 with any improvements thereon, consisting of not more

14 than 4.5 acres and known as the Southgate Road right15 of-way between Arlington National Cemetery, Virginia,

16 and the Navy Annex property.

17 (c) DESCRIPTION OF PROPERTY.—The exact acreage

18 and legal description of the parcels of real property to be

19 conveyed under this section shall be determined by surveys

20 satisfactory to the Secretary.

21 (d) PAYMENT OF COSTS OF CONVEYANCES.—(1) The

22 Secretary may require the County to cover costs to be in23 curred by the Secretary, or to reimburse the Secretary for

24 costs incurred by the Secretary, to carry out the convey25 ances under subsections (a) and (b), including survey
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1 costs, costs related to environmental documentation, and

2 other administrative costs related to the conveyances. If

3 amounts are collected from the County in advance of the

4 Secretary incurring the actual costs, and the amount col5 lected exceeds the costs actually incurred by the Secretary

6 to carry out the conveyance, the Secretary shall refund

7 the excess amount to the County.

8 (2) Amounts received as reimbursement under para9 graph (1) shall be credited to the fund or account that

10 was used to cover the costs incurred by the Secretary in

11 carrying out the conveyances. Amounts so credited shall

12 be merged with amounts in such fund or account, and

13 shall be available for the same purposes, and subject to

14 the same conditions and limitations, as amounts in such

15 fund or account.

16 (e) REVERSIONARY INTEREST.—(1) If at any time

17 the Secretary determines that the property conveyed to the

18 County under subsection (a) is not being used for the pur19 poses stated in that subsection, then, at the option of the

20 Secretary, all right, title, and interest in and to the prop21 erty, including any improvements thereon, shall revert to

22 the United States, and the United States shall have the

23 right of immediate entry onto the property.

24 (2) If the Secretary exercises the reversionary inter25 est provided for in paragraph (1), the Secretary shall pay
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1 the County, from amounts available to the Secretary for

2 military construction for the Defense Agencies, an amount

3 equal to the fair market value of the property covered by

4 the reversionary interest, as determined by the Secretary.

5 (f) EXEMPTION FROM FEDERAL SCREENING.—The

6 conveyance under subsection (a) is exempt from the re7 quirement to screen the property for other Federal use

8 pursuant to sections 2693 and 2696 of title 10, United

9 States Code.

10 (g) INCLUSION OF SOUTHGATE ROAD RIGHT-OF11 WAY PROPERTY IN TRANSFER OF NAVY ANNEX PROP12 ERTY FOR ARLINGTON NATIONAL CEMETERY.—Sub13 section (a) of section 2881 of the Military Construction

14 Authorization Act for Fiscal Year 2000 (division B of

15 Public Law 106–65; 113 Stat. 879) is amended by strik16 ing ‘‘three parcels of real property consisting of approxi17 mately 36 acres’’ and inserting ‘‘four parcels of real prop18 erty consisting of approximately 40 acres’’.

19 (h) TERMINATION OF RESERVATION OF CERTAIN

20 NAVY ANNEX PROPERTY FOR MEMORIALS OR MUSE21 UMS.—Subsection (b) of such section, as amended by sec22 tion 2863(f) of the Military Construction Authorization

23 Act for Fiscal Year 2002 (division B of Public Law 107–

24 107; 115 Stat. 1332) and section 2851(a)(1) of the Mili25 tary Construction Authorization Act for Fiscal Year 2003
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1 (division B of Public Law 107–314; 116 Stat. 2726), is

2 further amended—

3 (1) by striking ‘‘(1) Subject to paragraph (2),

4 the Secretary’’ and inserting ‘‘The Secretary’’; and

5 (2) by striking paragraph (2).

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

8 in connection with the conveyances under this section as

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

11 SEC. 2824. LAND CONVEYANCE, HAMPTON, VIRGINIA.

12 (a) CONVEYANCE AUTHORIZED.—The Secretary of

13 the Army may convey, without consideration, to the

14 Hampton City School Board, Hampton, Virginia (in this

15 section referred to as the ‘‘Board’’), all right, title, and

16 interest of the United States in and to a parcel of real

17 property, including any improvements thereon, that con18 sists of approximately 29.8 acres, is located on Downey

19 Farm Road in Hampton, Virginia, and is known as the

20 Butler Farm United States Army Reserve Center in order

21 to permit the Board to utilize the property for public edu22 cation purposes.

23 (b) CONDITION OF CONVEYANCE.—The conveyance

24 under subsection (a) shall be subject to the condition that

25 the Board accept the real property described in subsection
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1 (a) in its condition at the time of the conveyance, com2 monly known as conveyance ‘‘as is’’.

3 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

4 Secretary may require the Board to cover costs to be in5 curred by the Secretary, or to reimburse the Secretary for

6 costs incurred by the Secretary, to carry out the convey7 ance under subsection (a), including survey costs, costs re8 lated to environmental documentation, and other adminis9 trative costs related to the conveyance. If amounts are col10 lected from the Board in advance of the Secretary incur11 ring the actual costs, and the amount collected exceeds

12 the costs actually incurred by the Secretary to carry out

13 the conveyance, the Secretary shall refund the excess

14 amount to the Board.

15 (2) Amounts received as reimbursement under para16 graph (1) shall be credited to the fund or account that

17 was used to cover the costs incurred by the Secretary in

18 carrying out the conveyance. Amounts so credited shall be

19 merged with amounts in such fund or account, and shall

20 be available for the same purposes, and subject to the

21 same conditions and limitations, as amounts in such fund

22 or account.

23 (d) EXEMPTION FROM FEDERAL SCREENING.—The

24 conveyance authorized by subsection (a) is exempt from

25 the requirement to screen the property for other Federal
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1 use pursuant to section 2693 and 2696 of title 10, United

2 States Code.

3 (e) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the property to be conveyed under

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

6 to the Secretary.

7 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec8 retary may require such additional terms and conditions

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

10 the Secretary considers appropriate to protect the inter11 ests of the United States.

12 SEC. 2825. LAND CONVEYANCE, SEATTLE, WASHINGTON.

13 (a) CONVEYANCE AUTHORIZED.—The Secretary of

14 the Army may convey, without consideration, to the State

15 of Washington (in this section referred to as the ‘‘State’’)

16 all right, title, and interest of the United States in and

17 to a parcel of real property, including any improvements

18 thereon, consisting of approximately 9.747 acres in Se19 attle, Washington, and comprising a portion of the Na20 tional Guard Facility, Pier 91, for the purpose of permit21 ting the State to convey the facility unencumbered for eco22 nomic development purposes.

23 (b) CONDITION OF CONVEYANCE.—The conveyance

24 under subsection (a) shall be subject to the condition that

25 the State accept the real property in its condition at the
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1 time of the conveyance, commonly known as conveyance

2 ‘‘as is’’.

3 (c) ADMINISTRATIVE EXPENSES.—(1) The State

4 shall reimburse the Secretary for the administrative ex5 penses incurred by the Secretary in carrying out the con6 veyance under subsection (a), including expenses related

7 to surveys and legal descriptions, boundary

8 monumentation, environmental surveys, necessary docu9 mentation, travel, and deed preparation.

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

11 shall apply to any amounts received by the Secretary as

12 reimbursement under this subsection.

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

14 and legal description of the property to be conveyed under

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

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

17 by the United States, subject to the requirement for reim18 bursement under subsection (c).

19 (e) ADDITIONAL TERMS AND CONDITIONS.—The

20 Secretary may require such additional terms and condi21 tions in connection with the conveyance under subsection

22 (a) as the Secretary considers appropriate to protect the

23 interests of the United States.
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1 SEC. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVE2 NUE NAVAL COMPLEX, DISTRICT OF COLUM3 BIA.

4 (a) TRANSFER REQUIRED.—The Secretary of the

5 Navy shall transfer to the administrative jurisdiction of

6 the Administrator of General Services the parcel of De7 partment of the Navy real property in the District of Co8 lumbia known as the Nebraska Avenue Complex for the

9 purpose of permitting the Administrator to use the Com10 plex to accommodate the Department of Homeland Secu11 rity. The Complex shall be transferred in its existing con12 dition.

13 (b) AUTHORITY TO RETAIN MILITARY FAMILY

14 HOUSING.—The Secretary of the Navy may retain admin15 istrative jurisdiction over the portion of the Complex that

16 the Secretary considers to be necessary for continued use

17 as Navy family housing.

18 (c) TIME FOR TRANSFER.—The transfer of adminis19 trative jurisdiction over the Complex to the Administrator

20 under subsection (c) shall be completed not later than

21 January 1, 2005.

22 (d) RELOCATION OF NAVY ACTIVITIES.—As part of

23 the transfer of the Complex under this section, the Sec24 retary of the Navy shall relocate Department of the Navy

25 activities at the Complex to other locations.
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1 (e) PAYMENT OF RELOCATION COSTS.—Subject to

2 the availability of appropriations for this purpose, the Sec3 retary of Homeland Security shall be responsible for the

4 payment of—

5 (1) all reasonable costs, including costs to move

6 furnishings and equipment, related to the relocation

7 of Department of the Navy activities from the Com8 plex under subsection (d);

9 (2) all reasonable costs, including rent, incident

10 to the occupancy by such activities of interim leased

11 space; and

12 (3) all reasonable costs incident to the acquisi13 tion of permanent facilities for Department of the

14 Navy activities relocated from the Complex.

15 (f) SUBMISSION OF COST ESTIMATES.—As soon as

16 practicable after the date of the enactment of this Act,

17 but not later than January 1, 2005, the Secretary of the

18 Navy shall submit to the congressional defense committees

19 an initial estimate of the amounts that will be necessary

20 to cover the costs to permanently relocate Department of

21 the Navy activities from the Complex. The Secretary shall

22 include in the estimate anticipated land acquisition and

23 facility construction costs. The Secretary shall revise the

24 estimate as necessary whenever information regarding the

25 actual costs for the relocation is obtained.
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1 (g) CERTIFICATION OF RELOCATION COSTS.—At the

2 end of the three-year period beginning on the date of the

3 transfer of the Complex under subsection (a), the Sec4 retary of the Navy shall submit to Congress written

5 notice—

6 (1) specifying the total amount expended under

7 subsection (e) to cover the costs of relocating De8 partment of the Navy activities from the Complex;

9 (2) specifying the total amount expended to ac10 quire permanent facilities for Department of the

11 Navy activities relocated from the Complex; and

12 (3) certifying whether the amounts paid are

13 sufficient to complete all relocation actions.

14 SEC. 2827. LAND CONVEYANCE, HONOLULU, HAWAII.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of

16 the Navy may convey, without consideration but subject

17 to the conditions specified in subsection (b), to the City

18 and County of Honolulu, Hawaii, all right, title, and inter19 est of the United States in and to a parcel of real property,

20 including improvements thereon, consisting of approxi21 mately 5.16 acres located at 890 Valkenberg Avenue,

22 Honolulu, Hawaii, and currently used by the City and

23 County of Honolulu as the site of a fire station and fire24 fighting training facility. The purpose of the conveyance

25 is to enhance the capability of the City and County of
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1 Honolulu to provide fire protection and firefighting serv2 ices to the civilian and military properties in the area and

3 to provide a location for firefighting training for civilian

4 and military personnel.

5 (b) CONDITIONS OF CONVEYANCE.—The conveyance

6 under subsection (a) shall be subject to the following con7 ditions:

8 (1) That the City and County of Honolulu ac9 cept the real property in its condition at the time of

10 the conveyance, commonly known as conveyance ‘‘as

11 is’’.

12 (2) That the City and County of Honolulu

13 make the firefighting training facility available to

14 the fire protection and firefighting units of the mili15 tary departments for training not less than 2 days

16 per week on terms satisfactory to the Secretary.

17 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

18 Secretary shall require the City and County of Honolulu

19 to cover costs to be incurred by the Secretary, or to reim20 burse the Secretary for costs incurred by the Secretary,

21 to carry out the conveyance under subsection (a), includ22 ing survey costs, costs related to environmental docu23 mentation, and other administrative costs related to the

24 conveyance. If amounts are collected from the City and

25 County of Honolulu in advance of the Secretary incurring
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1 the actual costs, and the amount collected exceeds the

2 costs actually incurred by the Secretary to carry out the

3 conveyance, the Secretary shall refund the excess amount,

4 without interest, to the City and County of Honolulu.

5 (2) Amounts received under paragraph (1) shall be

6 credited to the fund or account that was used to cover

7 the costs incurred by the Secretary in carrying out the

8 conveyance. Amounts so credited shall be merged with

9 amounts in such fund or account, and shall be available

10 for the same purposes, and subject to the same conditions

11 and limitations, as amounts in such fund or account.

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

13 and legal description of the property to be conveyed under

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

15 to the Secretary.

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The

17 Secretary may require such additional terms and condi18 tions in connection with the conveyance under subsection

19 (a) as the Secretary considers appropriate to protect the

20 interests of the United States.

21 SEC. 2828. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.

22 (a) CONVEYANCE AUTHORIZED.—The Secretary of

23 the Navy may convey, without consideration, to the City

24 of Portsmouth, Virginia (in this section referred to as the

25 ‘‘City’’), all right, title, and interest of the United States
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1 in and to a parcel of real property, including any improve2 ments thereon, consisting of approximately 0.49 acres lo3 cated at 517 King Street, Portsmouth, Virginia, and

4 known as the ‘‘Navy YMCA Building’’, for economic revi5 talization purposes.

6 (b) CONDITIONS OF CONVEYANCE.—The conveyance

7 under subsection (a) shall be subject to the following con8 ditions:

9 (1) That the City accept the real property de10 scribed in subsection (a) in its condition at the time

11 of the conveyance, commonly known as conveyance

12 ‘‘as is’’.

13 (2) That the City bear all costs related to the

14 environmental remediation, use, and redevelopment

15 of the real property.

16 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

17 Secretary may require the City to cover costs to be in18 curred by the Secretary, or to reimburse the Secretary for

19 costs incurred by the Secretary, to carry out the convey20 ance under subsection (a), including survey costs, costs re21 lated to environmental documentation, and other adminis22 trative costs related to the conveyance. If amounts paid

23 to the Secretary in advance exceed the costs actually in24 curred by the Secretary to carry out the conveyance, the

25 Secretary shall refund the excess amount to the City.
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1 (2) Amounts received under paragraph (1) shall be

2 credited to the fund or account that was used to cover

3 the costs incurred by the Secretary. Amounts so credited

4 shall be merged with amounts in such fund or account,

5 and shall be available for the same purposes, and subject

6 to the same conditions and limitations, as amounts in such

7 fund or account.

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

9 and legal description of the property to be conveyed under

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

11 to the Secretary.

12 (e) ADDITIONAL TERMS AND CONDITIONS.—The

13 Secretary may require such additional terms and condi14 tions in connection with the conveyance under subsection

15 (a) as the Secretary considers appropriate to protect the

16 interests of the United States.

17 SEC. 2829. LAND CONVEYANCE, FORMER GRIFFISS AIR

18 FORCE BASE, NEW YORK.

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

20 of the Air Force may convey to the Oneida County Indus21 trial Development Agency, New York, the local reuse au22 thority for the former Griffiss Air Force Base (in this sec23 tion referred to as the ‘‘Authority’’), all right, title and

24 interest of the United States in and to a parcel of real

25 property consisting of 9.639 acres and including four
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1 buildings described in paragraph (2) that were vacated by

2 the Air Force in conjunction with its relocation to the Con3 solidated Intelligence and Reconnaissance Laboratory at

4 Air Force Research Laboratory—Rome Research Site,

5 Rome, New York.

6 (2) The buildings described in this paragraph are the

7 buildings located on the real property referred in para8 graph (1) as follows:

9 (A) Building 240 (117,323 square feet).

10 (B) Building 247 (13,199 square feet).

11 (C) Building 248 (4,000 square feet).

12 (D) Building 302 (20,577 square feet).

13 (3) The purpose of the conveyance under this sub14 section is to permit the Authority to develop the parcel

15 and structures conveyed for economic purposes in a man16 ner consistent with the Defense Base Closure and Realign17 ment Act of 1990 (part A of title XXIX of Public Law

18 101–510; 10 U.S.C. 2687 note).

19 (b) CONDITION OF CONVEYANCE.—The conveyance

20 under subsection (a) shall be subject to the condition that

21 the Authority accept the real property in its condition at

22 the time of the conveyance, commonly known as convey23 ance ‘‘as is’’.

24 (c) CONSIDERATION.—As consideration for the con25 veyance of property under subsection (a), the Authority
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1 shall pay the United States an amount equal to the fair

2 market of value, as determined by the Secretary.

3 (d) TREATMENT OF PROCEEDS.—Any consideration

4 received under subsection (c) shall be deposited in the De5 partment of Defense Base Closure Account 1990 estab6 lished by section 2906 of the Defense Base Closure and

7 Realignment Act of 1990, and shall be available for use

8 in accordance with subsection (b) of such section.

9 (e) DESCRIPTION OF PROPERTY.—The exact acreage

10 and legal description of the real property to be conveyed

11 under subsection (a) shall be determined by a survey satis12 factory to the Secretary. The cost of the survey shall be

13 borne by the Authority.

14 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions

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

17 the Secretary considers appropriate to protect the inter18 ests of the United States.

19 SEC. 2830. LAND EXCHANGE, MAXWELL AIR FORCE BASE,

20 ALABAMA.

21 (a) CONVEYANCE AUTHORIZED.—The Secretary of

22 the Air Force may convey to the City of Montgomery, Ala23 bama (in this section referred to as the ‘‘City’’), all right,

24 title, and interest of the United States in and to a parcel

25 of real property, including any improvements thereon, con-
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1 sisting of approximately 28 acres and including all of the

2 Maxwell Heights Housing site and located at Maxwell Air

3 Force Base, Alabama.

4 (b) CONSIDERATION.—(1) As consideration for the

5 conveyance of property under subsection (a), the City shall

6 convey to the United States all right, title, and interest

7 of the City to a parcel of real property, including any im8 provements thereon, consisting of approximately 35 acres

9 and designated as project AL 6–4, that is owned by the

10 City and is contiguous to Maxwell Air Force Base, for the

11 purpose of allowing the Secretary to incorporate such

12 property into a project for the acquisition or improvement

13 of military housing under subchapter IV of chapter 169

14 of title 10, United States Code. The Secretary shall have

15 administrative jurisdiction over the real property received

16 under this subsection.

17 (2) If the fair market value of the real property re18 ceived under paragraph (1) is less than the fair market

19 value of the real property conveyed under subsection (a)

20 (as determined pursuant to an appraisal acceptable to the

21 Secretary), the Secretary may require the City to provide,

22 pursuant to negotiations between the Secretary and the

23 City, in-kind consideration the value of which when added

24 to the fair market value of the property conveyed under
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1 subsection (b) equals the fair market value of the property

2 conveyed under subsection (a).

3 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

4 Secretary may require the City to cover costs to be in5 curred by the Secretary, or to reimburse the Secretary for

6 costs incurred by the Secretary, to carry out the convey7 ances under subsections (a) and (b), including survey

8 costs, costs related to environmental documentation, and

9 other administrative costs related to the conveyances. If

10 amounts are collected from the City in advance of the Sec11 retary incurring the actual costs, and the amount collected

12 exceeds the costs actually incurred by the Secretary to

13 carry out the conveyance, the Secretary shall refund the

14 excess amount to the City.

15 (2) Amounts received as reimbursement under para16 graph (1) shall be credited to the fund or account that

17 was used to cover the costs incurred by the Secretary in

18 carrying out the conveyances. Amounts so credited shall

19 be merged with amounts in such fund or account, and

20 shall be available for the same purposes, and subject to

21 the same conditions and limitations, as amounts in such

22 fund or account.

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

24 and legal description of the property to be conveyed under
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1 subsections (a) and (b) shall be determined by surveys sat2 isfactory to the Secretary.

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require such additional terms and condi5 tions in connection with the conveyances under subsections

6 (a) and (b) as the Secretary considers appropriate to pro7 tect the interests of the United States.

8 SEC. 2831. LAND EXCHANGE, NAVAL AIR STATION, PATUX9 ENT RIVER, MARYLAND.

10 (a) CONVEYANCE AUTHORIZED.—The Secretary of

11 the Navy may convey to the State of Maryland (in this

12 section referred to as ‘‘State’’), all right, title, and interest

13 of the United States in and to a parcel of real property,

14 including improvements thereon, consisting of approxi15 mately five acres at Naval Air Station, Patuxent River,

16 Maryland, and containing the Point Lookout Lighthouse,

17 other structures related to the lighthouse, and an archae18 ological site pertaining to the military hospital that was

19 located on the property during the Civil War. The convey20 ance shall include artifacts pertaining to the military hos21 pital recovered by the Navy and held at the installation.

22 (b) PROPERTY RECEIVED IN EXCHANGE.—As con23 sideration for the conveyance of the real property under

24 subsection (a), the State shall convey to the United States

25 a parcel of real property consisting of approximately five
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1 acres located in Point Lookout State Park, St. Mary’s

2 County, Maryland.

3 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

4 Secretary may require the State to cover costs to be in5 curred by the Secretary, or to reimburse the Secretary for

6 costs incurred by the Secretary, to carry out the convey7 ance under subsection (a), including survey costs, costs re8 lated to environmental documentation, relocation expenses

9 incurred under subsection (b), and other administrative

10 costs related to the conveyance. If amounts are collected

11 from the State in advance of the Secretary incurring the

12 actual costs, and the amount collected exceeds the costs

13 actually incurred by the Secretary to carry out the convey14 ance, the Secretary shall refund the excess amount to

15 State.

16 (2) Amounts received as reimbursement under para17 graph (1) shall be credited to the fund or account that

18 was used to cover the costs incurred by the Secretary in

19 carrying out the conveyance. Amounts so credited shall be

20 merged with amounts in such fund or account, and shall

21 be available for the same purposes, and subject to the

22 same conditions and limitations, as amounts in such fund

23 or account.

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

25 and legal description of the properties to be conveyed
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1 under this section shall be determined by surveys satisfac2 tory to the Secretary.

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require such additional terms and condi5 tions in connection with the conveyances under this section

6 as the Secretary considers appropriate to protect the inter7 ests of the United States.

8 SEC. 2832. LAND CONVEYANCE, MARCH AIR FORCE BASE,

9 CALIFORNIA.

10 (a) CONVEYANCE AUTHORIZED.—The Secretary of

11 the Air Force may convey to the March Joint Powers Au12 thority (in this section referred to as the ‘‘MJPA’’) all

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

14 a parcel of real property, including any improvements

15 thereon, consisting of approximately 15 acres located in

16 Riverside County, California, and containing the former

17 Defense Reutilization and Marketing Office facility for

18 March Air Force Base, which is also known as Parcel A–

19 6, for the purpose of economic development and revitaliza20 tion.

21 (b) CONSIDERATION.—(1) As consideration for the

22 conveyance of property under subsection (a), the MJPA

23 shall pay the United States an amount equal to the fair

24 market value, as determined by the Secretary, of the prop25 erty to be conveyed under such subsection.
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1 (2) The consideration received under this subsection

2 shall be deposited in the special account in the Treasury

3 established under section 572(b) of title 40, United States

4 Code, and available in accordance with the provisions of

5 paragraph (5)(B)(ii).

6 (c) DESCRIPTION OF PROPERTY.—The exact acreage

7 and legal description of the real property to be conveyed

8 under subsection (a) shall be determined by a survey satis9 factory to the Secretary. The cost of the survey shall be

10 borne by the MJPA.

11 (d) ADDITIONAL TERMS AND CONDITIONS.—The

12 Secretary may require such additional terms and condi13 tions in connection with the conveyance under subsection

14 (a) as the Secretary considers appropriate to protect the

15 interests of the United States.

16 SEC. 2833. LAND CONVEYANCE, SUNFLOWER ARMY AMMU17 NITION PLANT, KANSAS.

18 (a) CONVEYANCE AUTHORIZED.—The Secretary of

19 the Army, in consultation with the Administrator of Gen20 eral Services, may convey to an entity selected by the

21 Board of Commissioners of Johnson County, Kansas (in

22 this section referred to as the ‘‘entity’’ and the ‘‘Board’’,

23 respectively), all right, title, and interest of the United

24 States in and to a parcel of real property, including any

25 improvements thereon, consisting of approximately 9,065
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1 acres and containing the Sunflower Army Ammunition

2 Plant. The purpose of the conveyance is to facilitate the

3 re-use of the property for economic development and revi4 talization.

5 (b) CONSIDERATION.—(1) As consideration for the

6 conveyance under subsection (a), the entity shall provide

7 the United States, whether by cash payment, in-kind con8 tribution, or a combination thereof, an amount that is not

9 less than the fair market value, as determined by an ap10 praisal of the property acceptable to the Administrator

11 and the Secretary. The Secretary may authorize the entity

12 to carry out, as in-kind consideration, environmental re13 mediation activities for the property conveyed under such

14 subsection.

15 (2) The Secretary shall deposit any cash received as

16 consideration under this subsection in a special account

17 established pursuant to section 572(b) of title 40, United

18 States Code, to pay for environmental remediation and ex19 plosives cleanup of the property conveyed under subsection

20 (a).

21 (c) CONSTRUCTION WITH PREVIOUS LAND CONVEY22 ANCE AUTHORITY ON SUNFLOWER ARMY AMMUNITION

23 PLANT.—The authority in subsection (a) to make the con24 veyance described in that subsection is in addition to the

25 authority under section 2823 of the Military Construction
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1 Authorization Act for Fiscal Year 2003 (division B of

2 Public Law 107–314; 116 Stat. 2712) to make the convey3 ance described in that section.

4 (d) ENVIRONMENTAL REMEDIATION AND EXPLO5 SIVES CLEANUP.—(1) Notwithstanding any other provi6 sion of law, the Secretary may enter into a multi-year co7 operative agreement or contract with the entity to under8 take environmental remediation and explosives cleanup of

9 the property, and may utilize amounts authorized to be

10 appropriated for the Secretary for purposes of environ11 mental remediation and explosives cleanup under the

12 agreement.

13 (2) The terms of the cooperative agreement or con14 tract may provide for advance payments on an annual

15 basis or for payments on a performance basis. Payments

16 may be made over a period of time agreed to by the Sec17 retary and the entity or for such time as may be necessary

18 to perform the environmental remediation and explosives

19 cleanup of the property, including any long-term operation

20 and maintenance requirements.

21 (e) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

22 Secretary may require the entity or other persons to cover

23 costs to be incurred by the Secretary, or to reimburse the

24 Secretary for costs incurred by the Secretary, to carry out

25 the conveyance under subsection (a), including survey
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1 costs, costs related to environmental, and other adminis2 trative costs related to the conveyance.

3 (2) Amounts received under paragraph (1) shall be

4 credited to the appropriation, fund, or account from which

5 the costs were paid. Amounts so credited shall be merged

6 with funds in such appropriation, fund, or account, and

7 shall be available for the same purposes, and subject to

8 the same limitations, as the funds with which merged.

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

10 and legal description of the real property to be conveyed

11 under subsection (a) shall be determined by a survey joint12 ly satisfactory to the Secretary and the Administrator.

13 (g) ADDITIONAL TERMS AND CONDITIONS.—The

14 Secretary and the Administrator may require such addi15 tional terms and conditions in connection with the convey16 ance of real property under subsection (a), and the envi17 ronmental remediation and explosives cleanup under sub18 section (d), as the Secretary and the Administrator jointly

19 consider appropriate to protect the interests of the United

20 States.

21 SEC. 2834. LAND CONVEYANCE, NAVAL WEAPONS STATION,

22 CHARLESTON, SOUTH CAROLINA.

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of

24 the Navy may convey to the Berkeley County Sanitation

25 Authority, South Carolina (in this section referred to as
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1 the ‘‘Authority’’), all right, title, and interest of the United

2 States in and to a parcel of real property, including any

3 improvements thereon, consisting of not more than 38

4 acres and comprising a portion of the Naval Weapons Sta5 tion, Charleston, South Carolina, for the purpose of allow6 ing the Authority to expand an existing sewage treatment

7 plant.

8 (b) CONSIDERATION.—As consideration for the con9 veyance of property under subsection (a), the Authority

10 shall provide the United States, whether by cash payment,

11 in-kind services, or a combination thereof, an amount that

12 is not less than the fair market value, as determined by

13 an appraisal acceptable to the Secretary, of the property

14 conveyed under such subsection.

15 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

16 Secretary may require the Authority to cover costs in17 curred by the Secretary, or to reimburse the Secretary for

18 costs incurred by the Secretary, to carry out the convey19 ance under subsection (a), including appraisal costs, sur20 vey costs, costs related to compliance with the National

21 Environmental Policy Act of 1969 (42 U.S.C. 4321 et

22 seq.) and environmental remediation, and other adminis23 trative costs related to the conveyance. If the amounts are

24 collected from the Authority in advance of the Secretary

25 incurring the actual costs, and the amount collected ex-
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1 ceeds the costs actually incurred by the Secretary to carry

2 out the conveyance, the Secretary shall refund the excess

3 amount to the Authority.

4 (2) Amounts received as reimbursement under para5 graph (1) shall be credited to the fund or account that

6 was used to cover the costs incurred by the Secretary in

7 carrying out the conveyance. Amounts so credited shall be

8 merged with amounts in such fund or account, and shall

9 be made available for the same purposes, and subject to

10 the same conditions and limitations, as amounts in such

11 fund or account.

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

13 and legal description of the property to be conveyed under

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

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

16 by the Authority.

17 (e) ADDITIONAL TERMS AND CONDITIONS.—The

18 Secretary may require such additional terms and condi19 tions in connection with the conveyance under subsection

20 (a) as the Secretary considers appropriate to protect the

21 interests of the United States.

22 SEC. 2835. LAND CONVEYANCE, LOUISIANA ARMY AMMUNI23 TION PLANT, DOYLINE, LOUISIANA.

24 (a) CONVEYANCE AUTHORIZED.—The Secretary of

25 the Army may convey to the State of Louisiana (in this
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1 section referred to as the ‘‘State’’) all right, title, and in2 terest of the United States in and to a parcel of real prop3 erty, including any improvements thereon, consisting of

4 approximately 14,949 acres located at the Louisiana Army

5 Ammunition Plant, Doyline, Louisiana.

6 (b) CONSIDERATION.—As consideration for the con7 veyance of property under subsection (a), the State shall—

8 (1) maintain at least 13,500 acres of such prop9 erty for the purpose of military training, unless the

10 Secretary determines that fewer acres are required

11 for such purpose;

12 (2) ensure that any other uses that are made

13 of the property conveyed under subsection (a) do not

14 adversely impact military training;

15 (3) accommodate the use of such property, at

16 no cost or fee, for meeting the present and future

17 training needs of Armed Forces units, including

18 units of the Louisiana National Guard and the other

19 active and reserve components of the Armed Forces;

20 (4) assume, starting on the date that is five

21 years after the date of the conveyance of such prop22 erty, responsibility for any monitoring, sampling, or

23 reporting requirements that are associated with the

24 environmental restoration activities of the Army on

25 the Louisiana Army Ammunition Plant, and shall
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1 bear such responsibility until such time as such

2 monitoring, sampling, or reporting is no longer re3 quired; and

4 (5) assume the rights and responsibilities of the

5 Army under the armaments retooling manufacturing

6 support agreement between the Army and the facil7 ity use contractor with respect to the Louisiana

8 Army Ammunition Plant in accordance with the

9 terms of such agreement in effect at the time of the

10 conveyance.

11 (c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The

12 Secretary may require the State to cover costs to be in13 curred by the Secretary, or to reimburse the Secretary for

14 costs incurred by the Secretary, to carry out the convey15 ance under subsection (a), including survey costs, costs re16 lated to environmental documentation, and other adminis17 trative costs related to the conveyance. If amounts are col18 lected from the State in advance of the Secretary incurring

19 the actual costs, and the amount collected exceeds the

20 costs actually incurred by the Secretary to carry out the

21 conveyance, the Secretary shall refund the excess amount

22 to State.

23 (2) Amounts received as reimbursement under para24 graph (1) shall be credited to the fund or account that

25 was used to cover the costs incurred by the Secretary in
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1 carrying out the conveyance. Amounts so credited shall be

2 merged with amounts in such fund or account, and shall

3 be available for the same purposes, and subject to the

4 same conditions and limitations, as amounts in such fund

5 or account.

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

7 and legal description of the real property to be conveyed

8 under subsection (a) shall be determined by surveys satis9 factory to the Secretary. The cost of each survey shall be

10 borne by the State.

11 (e) ADDITIONAL TERMS AND CONDITIONS.—The

12 Secretary may require such additional terms and condi13 tions in connection with the conveyance under subsection

14 (a) as the Secretary considers appropriate to protect the

15 interests of the United States.

16 SEC. 2836. MODIFICATION OF AUTHORITY FOR LAND CON17 VEYANCE, EQUIPMENT AND STORAGE YARD,

18 CHARLESTON, SOUTH CAROLINA.

19 Section 563(h) of the Water Resources Development

20 Act of 1999 (Public Law 106–53; 113 Stat. 360) is

21 amended to read as follows:

22 ‘‘(h) CHARLESTON, SOUTH CAROLINA.—

23 ‘‘(1) IN GENERAL.—The Secretary may convey

24 to the City of Charleston, South Carolina (in this

25 section referred to as the ‘City’), all right, title, and
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1 interest of the United States in and to a parcel of

2 real property of the Corps of Engineers, together

3 with any improvements thereon, that is known as

4 the Equipment and Storage Yard and consists of ap5 proximately 1.06 acres located on Meeting Street in

6 Charleston, South Carolina, in as-is condition.

7 ‘‘(2) CONSIDERATION.—As consideration for

8 the conveyance of property under paragraph (1), the

9 City shall provide the United States, whether by

10 cash payment, in-kind contribution, or a combination

11 thereof, an amount that is not less than the fair

12 market value of the property conveyed, as deter13 mined by the Secretary.

14 ‘‘(3) USE OF PROCEEDS.—Amounts received as

15 consideration under this subsection may be used by

16 the Corps of Engineers, Charleston District, as fol17 lows:

18 ‘‘(A) Any amounts received as consider19 ation may be used to carry out activities under

20 this Act, notwithstanding any requirements as21 sociated with the Plant Replacement and Im22 provement Program (PRIP), including—

23 ‘‘(i) leasing, purchasing, or con24 structing an office facility within the
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1 boundaries of Charleston, Berkeley, and

2 Dorchester Counties, South Carolina; and

3 ‘‘(ii) satisfying any PRIP balances.

4 ‘‘(B) Any amounts received as consider5 ation that are in excess of the fair market value

6 of the property conveyed under paragraph (1)

7 may be used for any authorized activities of the

8 Corps of Engineers, Charleston District.

9 ‘‘(4) DESCRIPTION OF PROPERTY.—The exact

10 acreage and legal description of the real property to

11 be conveyed under paragraph (1) and any property

12 transferred to the United States as consideration

13 under paragraph (2) shall be determined by surveys

14 satisfactory to the Secretary.

15 ‘‘(5) ADDITIONAL TERMS AND CONDITIONS.—

16 The Secretary may require such additional terms

17 and conditions in connection with the conveyance

18 under paragraph (1) as the Secretary considers ap19 propriate to protect the interests of the United

20 States.’’.
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1 Subtitle D—Other Matters

2 SEC. 2841. DEPARTMENT OF DEFENSE FOLLOW-ON LAB3 ORATORY REVITALIZATION DEMONSTRATION

4 PROGRAM.

5 (a) FOLLOW-ON PROGRAM AUTHORIZED.—(1) The

6 Secretary of Defense may carry out a program (to be

7 known as the ‘‘Department of Defense Follow-On Labora8 tory Revitalization Demonstration Program’’) for the revi9 talization of Department of Defense laboratories. Under

10 the program, the Secretary may carry out minor military

11 construction projects in accordance with subsection (b)

12 and other applicable law to improve laboratories covered

13 by the program.

14 (2) The program under this section is the successor

15 program to the Department of Defense Laboratory Revi16 talization Demonstration Program carried out under sec17 tion 2892 of the Military Construction Authorization Act

18 for Fiscal Year 1996 (division B of Public Law 104–106;

19 10 U.S.C. 2805 note).

20 (b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO

21 MINOR CONSTRUCTION PROJECTS.—For purpose of any

22 military construction project carried out under the

23 program—

24 (1) the amount provided in the second sentence

25 of subsection (a)(1) of section 2805 of title 10,
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1 United States Code, shall be deemed to be

2 $3,000,000;

3 (2) the amount provided in subsection (b)(1) of

4 such section shall be deemed to be $1,500,000; and

5 (3) the amount provided in subsection (c)(1)(B)

6 of such section shall be deemed to be $1,000,000.

7 (c) PROGRAM REQUIREMENTS.—(1) Not later than

8 30 days before commencing the program, the Secretary

9 shall—

10 (A) designate the Department laboratories at

11 which construction may be carried out under the

12 program; and

13 (B) establish procedures for the review and ap14 proval of requests from Department laboratories to

15 carry out such construction.

16 (2) The laboratories designated under paragraph

17 (1)(A) may not include Department laboratories that are

18 contractor owned.

19 (3) The Secretary shall notify Congress of the De20 partment laboratories designated under paragraph (1)(A).

21 (d) REPORT.—Not later than September 30, 2005,

22 the Secretary shall submit to the congressional defense

23 committees a report on the program under this section.

24 The report shall include—
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1 (1) a list and description of the construction

2 projects carried out under the program, and of any

3 projects carried out under the program referred to

4 in subsection (a) during the period beginning on Oc5 tober 1, 2003, and ending on the date of the enact6 ment of this Act, including the location and costs of

7 each such project; and

8 (2) the assessment of the Secretary of the ad9 visability of extending or expanding the authority for

10 the program under this section.

11 (e) CONSTRUCTION OF AUTHORITY.—Nothing in this

12 section may be construed to limit any other authority pro13 vided by law for any military construction project at a De14 partment laboratory covered by the program.

15 (f) DEFINITIONS.—In this section:

16 (1) The term ‘‘laboratory’’ includes—

17 (A) a research, engineering, and develop18 ment center;

19 (B) a test and evaluation activity owned,

20 funded, and operated by the Federal Govern21 ment through the Department of Defense; and

22 (C) a supporting facility of a laboratory.

23 (2) The term ‘‘supporting facility’’, with respect

24 to a laboratory, means any building or structure
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1 that is used in support of research, development,

2 test, and evaluation at the laboratory.

3 (g) EXPIRATION OF AUTHORITY.—The authority to

4 carry out a project under the program under this section

5 expires on September 30, 2006.

6 SEC. 2842. JURISDICTION AND UTILIZATION OF FORMER

7 PUBLIC DOMAIN LANDS, UMATILLA CHEM8 ICAL DEPOT, OREGON.

9 (a) JURISDICTION.—The various parcels of real prop10 erty consisting of approximately 8,300 acres and located

11 within the boundaries of Umatilla Chemical Depot, Or12 egon, that were previously withdrawn from the public do13 main are determined to be no longer suitable for return

14 to the public domain and are hereby transferred to the

15 administrative jurisdiction of the Secretary of the Army.

16 (b) UTILIZATION.—The Secretary shall combine the

17 real property transferred under subsection (a) with other

18 lands and lesser interests comprising the Umatilla Chem19 ical Depot for purposes of their management and disposal

20 pursuant to title II of the Defense Authorization Amend21 ments and Base Closure and Realignment Act of 1988

22 (Public Law 100–526; 10 U.S.C. 2687 note) and other

23 applicable law.
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1 SEC. 2843. DEVELOPMENT OF HERITAGE CENTER FOR THE

2 NATIONAL MUSEUM OF THE UNITED STATES

3 ARMY.

4 (a) AUTHORITY TO ENTER INTO AGREEMENT.—(1)

5 The Secretary of the Army may enter into an agreement

6 with the Army Historical Foundation, a nonprofit organi7 zation, for the design, construction, and operation of a fa8 cility or group of facilities at Fort Belvoir, Virginia (in

9 this section referred to as the ‘‘center’’), for the National

10 Museum of the United States Army.

11 (2) The center shall be used for the identification,

12 curation, storage, and public viewing of artifacts and art13 work of significance to the United States Army, as agreed

14 to by the Secretary.

15 (3) The center may also be used to support such edu16 cation, training, research, and associated purposes as the

17 Secretary considers appropriate.

18 (b) DESIGN AND CONSTRUCTION.—(1) The design of

19 the center shall be subject to the approval of the Sec20 retary.

21 (2) For each phase of the development of the center,

22 the Secretary may—

23 (A) accept funds from the Army Historical

24 Foundation for the design and construction of such

25 phase of the center; or
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1 (B) permit the Army Historical Foundation to

2 contract for the design and construction of such

3 phase of the center.

4 (c) ACCEPTANCE OF FACILITY.—(1) Upon satisfac5 tory completion, as determined by the Secretary, of any

6 phase of the center, and upon the satisfaction of any and

7 all financial obligations incident thereto by the Army His8 torical Foundation, the Secretary shall accept such phase

9 of the center from the Army Historical Foundation, and

10 all right, title, and interest in and to such phase of the

11 center shall vest in the United States.

12 (2) Upon becoming property of the United States, a

13 phase of the center accepted under paragraph (1) shall

14 be under the jurisdiction of the Secretary.

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

16 prescribed by the Secretary, the Commander of the United

17 States Army Center of Military History may, without re18 gard to section 2601 of title 10, United States Code, ac19 cept, hold, administer, invest, and spend any gift, devise,

20 or bequest of personal property of a value of $250,000

21 or less made to the United States if such gift, devise, or

22 bequest is for the benefit of the National Museum of the

23 United States Army or the center.

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) LEASE OF FACILITY.—(1) The Secretary may

4 lease, under such terms and conditions as the Secretary

5 considers appropriate for the agreement authorized by

6 subsection (a), portions of the center developed under that

7 subsection to the Army Historical Foundation for use by

8 the public, commercial and nonprofit entities, State and

9 local governments, and other departments and agencies of

10 the Federal Government for use in generating revenue for

11 activities of the center and for such administrative pur12 poses as may be necessary for the support of the center.

13 (2) The amount of consideration paid to the Sec14 retary by the Army Historical Foundation for a lease

15 under paragraph (1) may not exceed an amount equal to

16 the actual cost, as determined by the Secretary, of the op17 erations and maintenance of the center.

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

19 Secretary shall use amounts paid under paragraph (2) to

20 cover the costs of operation of the center.

21 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec22 retary may require such additional terms and conditions

23 in connection with the agreement authorized by subsection

24 (a) as the Secretary considers appropriate to protect the

25 interests of the United States.
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1 SEC. 2844. AUTHORITY TO SETTLE CLAIM OF OAKLAND

2 BASE REUSE AUTHORITY AND REDEVELOP3 MENT AGENCY OF THE CITY OF OAKLAND,

4 CALIFORNIA.

5 (a) AUTHORITY.—The Secretary of the Navy may

6 pay funds as agreed to by both parties, in the amount

7 of $2,100,000, to the Oakland Base Reuse Authority and

8 Redevelopment Agency of the City of Oakland, California,

9 in settlement of Oakland Base Reuse Authority and Rede10 velopment Agency of the City of Oakland v. the United

11 States, Case No. C02–4652 MHP, United States District

12 Court, Northern District of California, including any ap13 peal.

14 (b) CONSIDERATION.—As consideration, the Oakland

15 Base Reuse Authority and Redevelopment Agency shall

16 agree that the payment constitutes a final settlement of

17 all claims against the United States related to said case

18 and give to the Secretary a release of all claims to the

19 eighteen officer housing units located at the former Naval

20 Medical Center Oakland, California. The release shall be

21 in a form that is satisfactory to the Secretary.

22 (c) SOURCE OF FUNDS.—The Secretary may use

23 funds in the Department of Defense Base Closure Account

24 1990 established pursuant to section 2906 of the Defense

25 Base Closure and Realignment Act of 1990 (part A of title

26 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) for
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1 the payment authorized by subsection (a) or the proceeds

2 of sale from the eighteen housing units and property de3 scribed in subsection (b).

4 SEC. 2845. COMPTROLLER GENERAL REPORT ON CLOSURE

5 OF DEPARTMENT OF DEFENSE DEPENDENT

6 ELEMENTARY AND SECONDARY SCHOOLS

7 AND COMMISSARY STORES.

8 (a) COMPTROLLER GENERAL REPORT.—Not later

9 than 180 days after the date of the enactment of this Act,

10 the Comptroller General of the United States shall submit

11 to the appropriate committees of Congress a report that

12 includes the following:

13 (1) With respect to Department of Defense de14 pendent elementary and secondary schools—

15 (A) an assessment by the Comptroller Gen16 eral of the policy of the Department of Defense,

17 and the criteria utilized by the Department, re18 garding the closure of schools, including wheth19 er or not such policy and criteria are consistent

20 with Department policies and procedures on the

21 preservation of the quality of life of members of

22 the Armed Forces; and

23 (B) an assessment by the Comptroller

24 General of any current or on-going studies or
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1 assessments of the Department with respect to

2 any of the schools.

3 (2) With respect to commissary stores—

4 (A) an assessment by the Comptroller Gen5 eral of the policy of the Department of Defense,

6 and the criteria utilized by the Department, re7 garding the closure of commissary stores, in8 cluding whether or not such policy and criteria

9 are consistent with Department policies and

10 procedures on the preservation of the quality of

11 life of members of the Armed Forces; and

12 (B) an assessment by the Comptroller

13 General of any current or on-going studies or

14 assessments of the Department with respect to

15 any of the commissary stores.

16 (b) APPROPRIATE COMMITTEES OF CONGRESS DE17 FINED.—In this section, the term ‘‘appropriate commit18 tees of Congress’’ means—

19 (1) the Committee on Armed Services of the

20 Senate; and

21 (2) the Committee on Armed Services of the

22 House of Representatives.
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1 TITLE XXIX—MARITIME

2 ADMINISTRATION

3 SEC. 2901. MODIFICATION OF PRIORITY AFFORDED APPLI4 CATIONS FOR NATIONAL DEFENSE TANK VES5 SEL CONSTRUCTION ASSISTANCE.

6 Section 3542(d) of the Maritime Security Act of 2003

7 (title XXXV of Public Law 108–136; 117 Stat. 1821; 46

8 U.S.C. 53101 note) is amended—

9 (1) in paragraph (1), by striking ‘‘and’’ at the

10 end;

11 (2) by redesignating paragraph (2) as para12 graph (3); and

13 (3) by inserting after paragraph (1) the fol14 lowing new paragraph (2):

15 ‘‘(2) shall give priority consideration to a pro16 posal submitted by an applicant who has been ac17 cepted for participation in the Shipboard Technology

18 Evaluation Program as outlined in Navigation and

19 Vessel Inspection Circular 01–04, issued by the
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1 Commandant of the United States Coast Guard on

2 January 2, 2004; and’’.

Passed the Senate June 23 (legislative day, June

22), 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2402

AN ACT

To authorize appropriations for fiscal year 2005 for

military construction, and for other purposes.