H. R. 2647—413 
‘‘(A) shall hear argument on such appeal within 4 
days of the adjournment of the trial (excluding weekends 
and holidays); 
‘‘(B) may dispense with written briefs other than the 
supporting materials previously submitted to the military 
judge; 
‘‘(C) shall render its decision within four days of argu-
ment on appeal (excluding weekends and holidays); and 
‘‘(D) may dispense with the issuance of a written 
opinion in rendering its decision. 
‘‘(e) NOTICE
AND TIMING
OF OTHER APPEALS.—The United 
States shall take an appeal of an order or ruling under subsection 
(a), other than an appeal under paragraph (4) of that subsection, 
by filing a notice of appeal with the military judge within 5 days 
after the date of the order or ruling. 
‘‘(f) METHOD OF APPEAL.—An appeal under this section shall 
be forwarded, by means specified in regulations prescribed by the 
Secretary of Defense, directly to the United States Court of Military 
Commission Review. 
‘‘(g) APPEALS COURT TO ACT ONLY WITH RESPECT TO MATTER 
OF LAW.—In ruling on an appeal under paragraph (1), (2), or 
(3) of subsection (a), the appeals court may act only with respect 
to matters of law. 
‘‘(h) SUBSEQUENT APPEAL RIGHTS OF ACCUSED NOT AFFECTED.— 
An appeal under paragraph (4) of subsection (a), and a decision 
on such appeal, shall not affect the right of the accused, in a 
subsequent appeal from a judgment of conviction, to claim as error 
reversal by the military judge on remand of a ruling appealed 
from during trial. 
‘‘§ 950e. Rehearings 
‘‘(a) COMPOSITION OF MILITARY COMMISSION FOR REHEARING.— 
Each rehearing under this chapter shall take place before a military 
commission under this chapter composed of members who were 
not members of the military commission which first heard the 
case. 
‘‘(b) SCOPE OF REHEARING.—(1) Upon a rehearing— 
‘‘(A) the accused may not be tried for any offense of which 
the accused was found not guilty by the first military commis-
sion; and 
‘‘(B) no sentence in excess of or more than the original 
sentence may be imposed unless— 
‘‘(i) the sentence is based upon a finding of guilty 
of an offense not considered upon the merits in the original 
proceedings; or 
‘‘(ii) the sentence prescribed for the offense is manda-
tory. 
‘‘(2) Upon a rehearing, if the sentence approved after the first 
military commission was in accordance with a pretrial agreement 
and the accused at the rehearing changes his plea with respect 
to the charges or specifications upon which the pretrial agreement 
was based, or otherwise does not comply with pretrial agreement, 
the sentence as to those charges or specifications may include 
any punishment not in excess of that lawfully adjudged at the 
first military commission.
H. R. 2647—414 
‘‘§ 950f. Review by United States Court of Military Commis-
sion Review 
‘‘(a) ESTABLISHMENT.—There is a court of record to be known 
as the ‘United States Court of Military Commission Review’ (in 
this section referred to as the ‘Court’). The Court shall consist 
of one or more panels, each composed of not less than three appel-
late military judges. For the purpose of reviewing decisions of 
military commissions under this chapter, the Court may sit in 
panels or as a whole, in accordance with rules prescribed by the 
Secretary of Defense. 
‘‘(b) JUDGES.—(1) Judges on the Court shall be assigned or 
appointed in a manner consistent with the provisions of this sub-
section. 
‘‘(2) The Secretary of Defense may assign persons who are 
appellate military judges to be judges on the Court. Any judge 
so assigned shall be a commissioned officer of the armed forces, 
and shall meet the qualifications for military judges prescribed 
by section 948j(b) of this title. 
‘‘(3) The President may appoint, by and with the advice and 
consent of the Senate, additional judges to the United States Court 
of Military Commission Review. 
‘‘(4) No person may serve as a judge on the Court in any 
case in which that person acted as a military judge, counsel, or 
reviewing official. 
‘‘(c) CASES TO BE REVIEWED.—The Court shall, in accordance 
with procedures prescribed under regulations of the Secretary, 
review the record in each case that is referred to the Court by 
the convening authority under section 950c of this title with respect 
to any matter properly raised by the accused. 
‘‘(d) STANDARD AND SCOPE OF REVIEW.—In a case reviewed 
by the Court under this section, the Court may act only with 
respect to the findings and sentence as approved by the convening 
authority. The Court may affirm only such findings of guilty, and 
the sentence or such part or amount of the sentence, as the Court 
finds correct in law and fact and determines, on the basis of the 
entire record, should be approved. In considering the record, the 
Court may weigh the evidence, judge the credibility of witnesses, 
and determine controverted questions of fact, recognizing that the 
military commission saw and heard the witnesses. 
‘‘(e) REHEARINGS.—If the Court sets aside the findings or sen-
tence, the Court may, except where the setting aside is based 
on lack of sufficient evidence in the record to support the findings, 
order a rehearing. If the Court sets aside the findings or sentence 
and does not order a rehearing, the Court shall order that the 
charges be dismissed. 
‘‘§ 950g. Review by United States Court of Appeals for the 
District of Columbia Circuit; writ of certiorari to 
Supreme Court 
‘‘(a) EXCLUSIVE APPELLATE JURISDICTION.—Except as provided 
in subsection (b), the United States Court of Appeals for the District 
of Columbia Circuit shall have exclusive jurisdiction to determine 
the validity of a final judgment rendered by a military commission 
(as approved by the convening authority and, where applicable, 
the United States Court of Military Commission Review) under 
this chapter.
H. R. 2647—415 
‘‘(b) EXHAUSTION OF OTHER APPEALS.—The United States Court 
of Appeals for the District of Columbia Circuit may not review 
a final judgment described in subsection (a) until all other appeals 
under this chapter have been waived or exhausted. 
‘‘(c) TIME FOR SEEKING REVIEW.—A petition for review by the 
United States Court of Appeals for the District of Columbia Circuit 
must be filed by the accused in the Court of Appeals not later 
than 20 days after the date on which— 
‘‘(1) written notice of the final decision of the United States 
Court of Military Commission Review is served on the accused 
or on defense counsel; or 
‘‘(2) the accused submits, in the form prescribed by section 
950c of this title, a written notice waiving the right of the 
accused to review by the United States Court of Military 
Commission Review. 
‘‘(d) SCOPE AND NATURE OF REVIEW.—The United States Court 
of Appeals for the District of Columbia Circuit may act under 
this section only with respect to the findings and sentence as 
approved by the convening authority and as affirmed or set aside 
as incorrect in law by the United States Court of Military Commis-
sion Review, and shall take action only with respect to matters 
of law, including the sufficiency of the evidence to support the 
verdict. 
‘‘(e) REVIEW BY SUPREME COURT.—The Supreme Court may 
review by writ of certiorari pursuant to section 1254 of title 28 
the final judgment of the United States Court of Appeals for the 
District of Columbia Circuit under this section. 
‘‘§ 950h. Appellate counsel 
‘‘(a) APPOINTMENT.—The Secretary of Defense shall, by regula-
tion, establish procedures for the appointment of appellate counsel 
for the United States and for the accused in military commissions 
under this chapter. Appellate counsel shall meet the qualifications 
of counsel for appearing before military commissions under this 
chapter. 
‘‘(b) REPRESENTATION OF UNITED STATES.—Appellate counsel 
appointed under subsection (a)— 
‘‘(1) shall represent the United States in any appeal or 
review proceeding under this chapter before the United States 
Court of Military Commission Review; and 
‘‘(2) may, when requested to do so by the Attorney General 
in a case arising under this chapter, represent the United 
States before the United States Court of Appeals for the District 
of Columbia Circuit or the Supreme Court. 
‘‘(c) REPRESENTATION OF ACCUSED.—The accused shall be rep-
resented by appellate counsel appointed under subsection (a) before 
the United States Court of Military Commission Review, the United 
States Court of Appeals for the District of Columbia Circuit, and 
the Supreme Court, and by civilian counsel if retained by the 
accused. Any such civilian counsel shall meet the qualifications 
under paragraph (3) of section 949c(b) of this title for civilian 
counsel appearing before military commissions under this chapter 
and shall be subject to the requirements of paragraph (7) of that 
section.
H. R. 2647—416 
‘‘§ 950i. Execution of sentence; suspension of sentence 
‘‘(a) IN GENERAL.—The Secretary of Defense is authorized to 
carry out a sentence imposed by a military commission under this 
chapter in accordance with such procedures as the Secretary may 
prescribe. 
‘‘(b) EXECUTION OF SENTENCE OF DEATH ONLY UPON APPROVAL 
BY THE PRESIDENT.—If the sentence of a military commission under 
this chapter extends to death, that part of the sentence providing 
for death may not be executed until approved by the President. 
In such a case, the President may commute, remit, or suspend 
the sentence, or any part thereof, as he sees fit. 
‘‘(c) EXECUTION OF SENTENCE OF DEATH ONLY UPON FINAL 
JUDGMENT OF LEGALITY OF PROCEEDINGS.—(1) If the sentence of 
a military commission under this chapter extends to death, the 
sentence may not be executed until there is a final judgment as 
to the legality of the proceedings (and with respect to death, 
approval under subsection (b)). 
‘‘(2) A judgment as to legality of proceedings is final for purposes 
of paragraph (1) when review is completed in accordance with 
the judgment of the United States Court of Military Commission 
Review and— 
‘‘(A) the time for the accused to file a petition for review 
by the United States Court of Appeals for the District of 
Columbia Circuit has expired, the accused has not filed a 
timely petition for such review, and the case is not otherwise 
under review by the Court of Appeals; or 
‘‘(B) review is completed in accordance with the judgment 
of the United States Court of Appeals for the District of 
Columbia Circuit and— 
‘‘(i) a petition for a writ of certiorari is not timely 
filed; 
‘‘(ii) such a petition is denied by the Supreme Court; 
or 
‘‘(iii) review is otherwise completed in accordance with 
the judgment of the Supreme Court. 
‘‘(d) SUSPENSION OF SENTENCE.—The Secretary of the Defense, 
or the convening authority acting on the case (if other than the 
Secretary), may suspend the execution of any sentence or part 
thereof in the case, except a sentence of death. 
‘‘§ 950j. Finality of proceedings, findings, and sentences 
‘‘The appellate review of records of trial provided by this 
chapter, and the proceedings, findings, and sentences of military 
commissions as approved, reviewed, or affirmed as required by 
this chapter, are final and conclusive. Orders publishing the pro-
ceedings of military commissions under this chapter are binding 
upon all departments, courts, agencies, and officers of the United 
States, subject only to action by the Secretary or the convening 
authority as provided in section 950i(c) of this title and the authority 
of the President. 
‘‘SUBCHAPTER VIII—PUNITIVE MATTERS 
‘‘Sec. 
‘‘950p. Definitions; construction of certain offenses; common circumstances. 
‘‘950q. Principals. 
‘‘950r. Accessory after the fact.
H. R. 2647—417 
‘‘950s. Conviction of lesser offenses. 
‘‘950t. Crimes triable by military commission. 
‘‘§ 950p. 
Definitions; 
construction 
of 
certain 
offenses; 
common circumstances 
‘‘(a) DEFINITIONS.—In this subchapter: 
‘‘(1) The term ‘military objective’ means combatants and 
those objects during hostilities which, by their nature, location, 
purpose, or use, effectively contribute to the war-fighting or 
war-sustaining capability of an opposing force and whose total 
or partial destruction, capture, or neutralization would con-
stitute a definite military advantage to the attacker under 
the circumstances at the time of an attack. 
‘‘(2) The term ‘protected person’ means any person entitled 
to protection under one or more of the Geneva Conventions, 
including civilians not taking an active part in hostilities, mili-
tary personnel placed out of combat by sickness, wounds, or 
detention, and military medical or religious personnel. 
‘‘(3) The term ‘protected property’ means any property 
specifically protected by the law of war, including buildings 
dedicated to religion, education, art, science, or charitable pur-
poses, historic monuments, hospitals, and places where the 
sick and wounded are collected, but only if and to the extent 
such property is not being used for military purposes or is 
not otherwise a military objective. The term includes objects 
properly identified by one of the distinctive emblems of the 
Geneva Conventions, but does not include civilian property 
that is a military objective. 
‘‘(b) 
CONSTRUCTION
OF
CERTAIN
OFFENSES.—The 
intent 
required for offenses under paragraphs (1), (2), (3), (4), and (12) 
of section 950t of this title precludes the applicability of such 
offenses with regard to collateral damage or to death, damage, 
or injury incident to a lawful attack. 
‘‘(c) COMMON CIRCUMSTANCES.—An offense specified in this sub-
chapter is triable by military commission under this chapter only 
if the offense is committed in the context of and associated with 
hostilities. 
‘‘(d) EFFECT.—The provisions of this subchapter codify offenses 
that have traditionally been triable by military commission. This 
chapter does not establish new crimes that did not exist before 
the date of the enactment of this subchapter, as amended by the 
National Defense Authorization Act for Fiscal Year 2010, but rather 
codifies those crimes for trial by military commission. Because 
the provisions of this subchapter codify offenses that have tradition-
ally been triable under the law of war or otherwise triable by 
military commission, this subchapter does not preclude trial for 
offenses that occurred before the date of the enactment of this 
subchapter, as so amended. 
‘‘§ 950q. Principals 
‘‘Any person punishable under this chapter who— 
‘‘(1) commits an offense punishable by this chapter, or 
aids, abets, counsels, commands, or procures its commission; 
‘‘(2) causes an act to be done which if directly performed 
by him would be punishable by this chapter; or 
‘‘(3) is a superior commander who, with regard to acts 
punishable by this chapter, knew, had reason to know, or
H. R. 2647—421 
to one or more of the victims, by death or such other punish-
ment as a military commission under this chapter may direct, 
and, if death does not result to any of the victims, by such 
punishment, other than death, as a military commission under 
this chapter may direct. 
‘‘(18) IMPROPERLY USING A FLAG OF TRUCE.—Any person 
subject to this chapter who uses a flag of truce to feign an 
intention to negotiate, surrender, or otherwise suspend hos-
tilities when there is no such intention shall be punished as 
a military commission under this chapter may direct. 
‘‘(19) IMPROPERLY USING A DISTINCTIVE EMBLEM.—Any per-
son subject to this chapter who intentionally uses a distinctive 
emblem recognized by the law of war for combatant purposes 
in a manner prohibited by the law of war shall be punished 
as a military commission under this chapter may direct. 
‘‘(20) INTENTIONALLY MISTREATING A DEAD BODY.—Any per-
son subject to this chapter who intentionally mistreats the 
body of a dead person, without justification by legitimate mili-
tary necessary, shall be punished as a military commission 
under this chapter may direct. 
‘‘(21) RAPE.—Any person subject to this chapter who forc-
ibly or with coercion or threat of force wrongfully invades 
the body of a person by penetrating, however slightly, the 
anal or genital opening of the victim with any part of the 
body of the accused, or with any foreign object, shall be pun-
ished as a military commission under this chapter may direct. 
‘‘(22) SEXUAL ASSAULT OR ABUSE.—Any person subject to 
this chapter who forcibly or with coercion or threat of force 
engages in sexual contact with one or more persons, or causes 
one or more persons to engage in sexual contact, shall be 
punished as a military commission under this chapter may 
direct 
‘‘(23) HIJACKING OR HAZARDING A VESSEL OR AIRCRAFT.— 
Any person subject to this chapter who intentionally seizes, 
exercises unauthorized control over, or endangers the safe 
navigation of a vessel or aircraft that is not a legitimate military 
objective shall be punished, if death results to one or more 
of the victims, by death or such other punishment as a military 
commission under this chapter may direct, and, if death does 
not result to any of the victims, by such punishment, other 
than death, as a military commission under this chapter may 
direct. 
‘‘(24) TERRORISM.—Any person subject to this chapter who 
intentionally kills or inflicts great bodily harm on one or more 
protected persons, or intentionally engages in an act that 
evinces a wanton disregard for human life, in a manner cal-
culated to influence or affect the conduct of government or 
civilian population by intimidation or coercion, or to retaliate 
against government conduct, shall be punished, if death results 
to one or more of the victims, by death or such other punish-
ment as a military commission under this chapter may direct, 
and, if death does not result to any of the victims, by such 
punishment, other than death, as a military commission under 
this chapter may direct. 
‘‘(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM.— 
‘‘(A) OFFENSE.—Any person subject to this chapter who 
provides material support or resources, knowing or
H. R. 2647—422 
intending that they are to be used in preparation for, 
or in carrying out, an act of terrorism (as set forth in 
paragraph (24) of this section), or who intentionally pro-
vides material support or resources to an international 
terrorist organization engaged in hostilities against the 
United States, knowing that such organization has engaged 
or engages in terrorism (as so set forth), shall be punished 
as a military commission under this chapter may direct. 
‘‘(B) MATERIAL SUPPORT OR RESOURCES DEFINED.—In 
this paragraph, the term ‘material support or resources’ 
has the meaning given that term in section 2339A(b) of 
title 18. 
‘‘(26) WRONGFULLY AIDING THE ENEMY.—Any person subject 
to this chapter who, in breach of an allegiance or duty to 
the United States, knowingly and intentionally aids an enemy 
of the United States, or one of the co-belligerents of the enemy, 
shall be punished as a military commission under this chapter 
may direct. 
‘‘(27) SPYING.—Any person subject to this chapter who, 
in violation of the law of war and with intent or reason to 
believe that it is to be used to the injury of the United States 
or to the advantage of a foreign power, collects or attempts 
to collect information by clandestine means or while acting 
under false pretenses, for the purpose of conveying such 
information to an enemy of the United States, or one of the 
co-belligerents of the enemy, shall be punished by death or 
such other punishment as a military commission under this 
chapter may direct. 
‘‘(28) ATTEMPTS.— 
‘‘(A) IN GENERAL.—Any person subject to this chapter 
who attempts to commit any offense punishable by this 
chapter shall be punished as a military commission under 
this chapter may direct. 
‘‘(B) SCOPE OF OFFENSE.—An act, done with specific 
intent to commit an offense under this chapter, amounting 
to more than mere preparation and tending, even though 
failing, to effect its commission, is an attempt to commit 
that offense. 
‘‘(C) EFFECT OF CONSUMMATION.—Any person subject 
to this chapter may be convicted of an attempt to commit 
an offense although it appears on the trial that the offense 
was consummated. 
‘‘(29) CONSPIRACY.—Any person subject to this chapter who 
conspires to commit one or more substantive offenses triable 
by military commission under this subchapter, and who know-
ingly does any overt act to effect the object of the conspiracy, 
shall be punished, if death results to one or more of the victims, 
by death or such other punishment as a military commission 
under this chapter may direct, and, if death does not result 
to any of the victims, by such punishment, other than death, 
as a military commission under this chapter may direct. 
‘‘(30) SOLICITATION.—Any person subject to this chapter 
who solicits or advises another or others to commit one or 
more substantive offenses triable by military commission under 
this chapter shall, if the offense solicited or advised is attempted 
or committed, be punished with the punishment provided for 
the commission of the offense, but, if the offense solicited or
H. R. 2647—423 
advised is not committed or attempted, shall be punished as 
a military commission under this chapter may direct. 
‘‘(31) CONTEMPT.—A military commission under this 
chapter may punish for contempt any person who uses any 
menacing word, sign, or gesture in its presence, or who disturbs 
its proceedings by any riot or disorder. 
‘‘(32) PERJURY AND OBSTRUCTION OF JUSTICE.—A military 
commission under this chapter may try offenses and impose 
such punishment as the military commission may direct for 
perjury, false testimony, or obstruction of justice related to 
the military commission.’’. 
SEC. 1803. CONFORMING AMENDMENTS. 
(a) UNIFORM CODE OF MILITARY JUSTICE.— 
(1) PERSONS SUBJECT TO UCMJ.—Paragraph (13) of section 
802(a) of title 10, United States Code (article 2(a) of the Uniform 
Code of Military Justice), is amended to read as follows: 
‘‘(13) Individuals belonging to one of the eight categories 
enumerated in Article 4 of the Convention Relative to the 
Treatment of Prisoners of War, done at Geneva August 12, 
1949 (6 UST 3316), who violate the law of war.’’. 
(2) CONSTRUCTION OF MILITARY COMMISSIONS WITH COURTS- 
MARTIAL.—Section 839 of such title (article 39 of the Uniform 
Code of Military Justice) is amended by adding at the end 
the following new subsection: 
‘‘(d) The findings, holdings, interpretations, and other prece-
dents of military commissions under chapter 47A of this title— 
‘‘(1) may not be introduced or considered in any hearing, 
trial, or other proceeding of a court-martial under this chapter; 
and 
‘‘(2) may not form the basis of any holding, decision, or 
other determination of a court-martial.’’. 
(b) APPELLATE REVIEW UNDER DETAINEE TREATMENT ACT OF 
2005.—Section 1005(e) of the Detainee Treatment Act of 2005 (title 
X of Public Law 109–359; 10 U.S.C. 801 note) is amended by 
striking paragraph (3). 
SEC. 1804. PROCEEDINGS UNDER PRIOR STATUTE. 
(a) PRIOR CONVICTIONS.—The amendment made by section 1802 
shall have no effect on the validity of any conviction pursuant 
to chapter 47A of title 10, United States Code (as such chapter 
was in effect on the day before the date of the enactment of 
this Act). 
(b) COMPOSITION OF MILITARY COMMISSIONS.—Notwithstanding 
the amendment made by section 1802— 
(1) any commission convened pursuant to chapter 47A of 
title 10, United States Code (as such chapter was in effect 
on the day before the date of the enactment of this Act), 
shall be deemed to have been convened pursuant to chapter 
47A of title 10, United States Code (as amended by section 
1802); 
(2) any member of the Armed Forces detailed to serve 
on a commission pursuant to chapter 47A of title 10, United 
States Code (as in effect on the day before the date of the 
enactment of this Act), shall be deemed to have been detailed 
pursuant to chapter 47A of title 10, United States Code (as 
so amended);
H. R. 2647—424 
(3) any military judge detailed to a commission pursuant 
to chapter 47A of title 10, United States Code (as in effect 
on the day before the date of the enactment of this Act), 
shall be deemed to have been detailed pursuant to chapter 
47A of title 10, United States Code (as so amended); 
(4) any trial counsel or defense counsel detailed for a 
commission pursuant to chapter 47A of title 10, United States 
Code (as in effect on the day before the date of the enactment 
of this Act), shall be deemed to have been detailed pursuant 
to chapter 47A of title 10, United States Code (as so amended); 
(5) any court reporters detailed to or employed by a commis-
sion pursuant to chapter 47A of title 10, United States Code 
(as in effect on the day before the date of the enactment 
of this Act), shall be deemed to have been detailed or employed 
pursuant to chapter 47A of title 10, United States Code (as 
so amended); and 
(6) any appellate military judge or other duly appointed 
appellate judge on the Court of Military Commission Review 
pursuant to chapter 47A of title 10, United States Code (as 
in effect on the day before the date of the enactment of this 
Act), shall be deemed to have been detailed or appointed to 
the United States Court of Military Commission Review pursu-
ant to chapter 47A of title 10, United States Code (as so 
amended). 
(c) 
CHARGES
AND
SPECIFICATIONS.—Notwithstanding 
the 
amendment made by section 1802— 
(1) any charges or specifications sworn or referred pursuant 
to chapter 47A of title 10, United States Code (as such chapter 
was in effect on the day before the date of the enactment 
of this Act), shall be deemed to have been sworn or referred 
pursuant to chapter 47A of title 10, United States Code (as 
amended by section 1802); and 
(2) any charges or specifications described in paragraph 
(1) may be amended, without prejudice, as needed to properly 
allege jurisdiction under chapter 47A of title 10, United States 
Code (as so amended), and crimes triable under such chapter. 
(d) PROCEDURES AND REQUIREMENTS.— 
(1) IN
GENERAL.—Except as provided in subsections (a) 
through (c) and subject to paragraph (2), any commission con-
vened pursuant to chapter 47A of title 10, United States Code 
(as such chapter was in effect on the day before the date 
of the enactment of this Act), shall be conducted after the 
date of the enactment of this Act in accordance with the proce-
dures and requirements of chapter 47A of title 10, United 
States Code (as amended by section 1802). 
(2) TEMPORARY CONTINUATION OF PRIOR PROCEDURES AND 
REQUIREMENTS.—Any military commission described in para-
graph (1) may be conducted in accordance with any procedures 
and requirements of chapter 47A of title 10, United States 
Code (as in effect on the day before the date of the enactment 
of this Act), that are not inconsistent with the provisions of 
chapter 47A of title 10, United States Code, (as so amended), 
until the earlier of— 
(A) the date of the submittal to Congress under section 
1805 of the revised rules for military commissions under 
chapter 47A of title 10, United States Code (as so amended); 
or
H. R. 2647—425 
(B) the date that is 90 days after the date of the 
enactment of this Act. 
SEC. 1805. SUBMITTAL TO CONGRESS OF REVISED RULES FOR MILI-
TARY COMMISSIONS. 
(a) DEADLINE FOR SUBMITTAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives the revised rules for military 
commissions prescribed by the Secretary for purposes of chapter 
47A of title 10, United States Code (as amended by section 1802). 
(b) TREATMENT OF REVISED RULES UNDER REQUIREMENT FOR 
NOTICE
AND
WAIT
REGARDING
MODIFICATION
OF
RULES.—The 
revised rules submitted to Congress under subsection (a) shall 
not be treated as a modification of the rules in effect for military 
commissions for purposes of section 949a(d) of title 10, United 
States Code (as so amended). 
SEC. 1806. ANNUAL REPORTS TO CONGRESS ON TRIALS BY MILITARY 
COMMISSION. 
(a) ANNUAL REPORTS REQUIRED.—Not later than January 31 
of each year, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives a report on any trials conducted by military commissions 
under chapter 47A of title 10, United States Code (as amended 
by section 1802), during the preceding year. 
(b) FORM.—Each report under this section shall be submitted 
in unclassified form, but may include a classified annex. 
SEC. 1807. SENSE OF CONGRESS ON MILITARY COMMISSION SYSTEM. 
It is the sense of Congress that— 
(1) the fairness and effectiveness of the military commis-
sions system under chapter 47A of title 10, United States 
Code (as amended by section 1802), will depend to a significant 
degree on the adequacy of defense counsel and associated 
resources for individuals accused, particularly in the case of 
capital cases, under such chapter 47A; and 
(2) defense counsel in military commission cases, particu-
larly in capital cases, under such chapter 47A of title 10, 
United States Code (as so amended), should be fully resourced 
as provided in such chapter 47A. 
TITLE XIX—FEDERAL EMPLOYEE 
BENEFITS 
Subtitle A—General Provisions 
Sec. 1901. Credit for unused sick leave. 
Sec. 1902. Limited expansion of the class of individuals eligible to receive an actu-
arially reduced annuity under the Civil Service Retirement System. 
Sec. 1903. Computation of certain annuities based on part-time service. 
Sec. 1904. Authority to deposit refunds under FERS. 
Sec. 1905. Retirement credit for service of certain employees transferred from Dis-
trict of Columbia service to Federal service. 
Subtitle B—Non-Foreign Area Retirement Equity Assurance 
Sec. 1911. Short title. 
Sec. 1912. Extension of locality pay. 
Sec. 1913. Adjustment of special rates. 
Sec. 1914. Transition schedule for locality-based comparability payments.
H. R. 2647—426 
Sec. 1915. Savings provision. 
Sec. 1916. Application to other eligible employees. 
Sec. 1917. Election of additional basic pay for annuity computation by employees. 
Sec. 1918. Regulations. 
Sec. 1919. Effective dates. 
Subtitle A—General Provisions 
SEC. 1901. CREDIT FOR UNUSED SICK LEAVE. 
(a) IN GENERAL.—Section 8415 of title 5, United States Code, 
is amended— 
(1) by redesignating the second subsection (k) and sub-
section (l) as subsections (l) and (m), respectively; and 
(2) in subsection (l) (as so redesignated by paragraph (1))— 
(A) by striking ‘‘(l) In computing’’ and inserting ‘‘(l)(1) 
In computing’’; and 
(B) by adding at the end the following: 
‘‘(2)(A) Except as provided in paragraph (1), in computing an 
annuity under this subchapter, the total service of an employee 
who retires on an immediate annuity or who dies leaving a survivor 
or survivors entitled to annuity includes the applicable percentage 
of the days of unused sick leave to his credit under a formal 
leave system and for which days the employee has not received 
payment, except that these days will not be counted in determining 
average pay or annuity eligibility under this subchapter. For pur-
poses of this subsection, in the case of any such employee who 
is excepted from subchapter I of chapter 63 under section 6301(2)(x) 
through (xiii), the days of unused sick leave to his credit include 
any unused sick leave standing to his credit when he was excepted 
from such subchapter. 
‘‘(B) For purposes of subparagraph (A), the term ‘applicable 
percentage’ means— 
‘‘(i) 50 percent in the case of an annuity, entitlement to 
which is based on a death or other separation occurring during 
the period beginning on the date of enactment of this paragraph 
and ending on December 31, 2013; and 
‘‘(ii) 100 percent in the case of an annuity, entitlement 
to which is based on a death or other separation occurring 
after December 31, 2013.’’. 
(b) 
EXCEPTION
FROM
DEPOSIT
REQUIREMENT.—Section 
8422(d)(2) of title 5, United States Code, is amended by striking 
‘‘section 8415(k)’’ and inserting ‘‘paragraph (1) or (2) of section 
8415(l)’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to any annuity, entitlement to which is 
based on a death or other separation from service occurring on 
or after the date of enactment of this Act. 
SEC. 1902. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
ANNUITY 
UNDER 
THE 
CIVIL 
SERVICE 
RETIREMENT 
SYSTEM. 
(a) IN GENERAL.—Section 8334(d)(2)(A)(i) of title 5, United 
States Code, is amended by striking ‘‘October 1, 1990’’ each place 
it appears and inserting ‘‘March 1, 1991’’. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall be effective with respect to any annuity, entitlement to which
H. R. 2647—427 
is based on a separation from service occurring on or after the 
date of enactment of this Act. 
SEC. 1903. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART- 
TIME SERVICE. 
(a) IN GENERAL.—Section 8339(p) of title 5, United States Code, 
is amended by adding at the end the following: 
‘‘(3) In the administration of paragraph (1)— 
‘‘(A) subparagraph (A) of such paragraph shall apply with 
respect to service performed before, on, or after April 7, 1986; 
and 
‘‘(B) subparagraph (B) of such paragraph— 
‘‘(i) shall apply with respect to that portion of any 
annuity which is attributable to service performed on or 
after April 7, 1986; and 
‘‘(ii) shall not apply with respect to that portion of 
any annuity which is attributable to service performed 
before April 7, 1986.’’. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall be effective with respect to any annuity, entitlement to which 
is based on a separation from service occurring on or after the 
date of enactment of this Act. 
SEC. 1904. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS. 
(a) DEPOSIT AUTHORITY.—Section 8422 of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘(i)(1) Each employee or Member who has received a refund 
of retirement deductions under this or any other retirement system 
established for employees of the Government covering service for 
which such employee or Member may be allowed credit under 
this chapter may deposit the amount received, with interest. Credit 
may not be allowed for the service covered by the refund until 
the deposit is made. 
‘‘(2) Interest under this subsection shall be computed in accord-
ance with paragraphs (2) and (3) of section 8334(e) and regulations 
prescribed by the Office. The option under the third sentence of 
section 8334(e)(2) to make a deposit in one or more installments 
shall apply to deposits under this subsection. 
‘‘(3) For the purpose of survivor annuities, deposits authorized 
by this subsection may also be made by a survivor of an employee 
or Member.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) DEFINITIONAL AMENDMENT.—Section 8401(19)(C) of title 
5, United States Code, is amended by striking ‘‘8411(f);’’ and 
inserting ‘‘8411(f) or 8422(i);’’. 
(2) CREDITING
OF
DEPOSITS.—Section 8422(c) of title 5, 
United States Code, is amended by adding at the end the 
following: ‘‘Deposits made by an employee, Member, or survivor 
also shall be credited to the Fund.’’. 
(3) SECTION HEADING.—(A) The heading for section 8422 
of title 5, United States Code, is amended to read as follows:
H. R. 2647—428 
‘‘§ 8422. Deductions from pay; contributions for other service; 
deposits’’. 
(B) The analysis for chapter 84 of title 5, United States 
Code, is amended by striking the item relating to section 8422 
and inserting the following: 
‘‘8422. Deductions from pay; contributions for other service; deposits.’’. 
(4) RESTORATION OF ANNUITY RIGHTS.—The last sentence 
of section 8424(a) of title 5, United States Code, is amended 
by striking ‘‘based.’’ and inserting ‘‘based, until the employee 
or Member is reemployed in the service subject to this chapter.’’. 
SEC. 
1905. 
RETIREMENT 
CREDIT 
FOR 
SERVICE 
OF 
CERTAIN 
EMPLOYEES 
TRANSFERRED 
FROM 
DISTRICT 
OF 
COLUMBIA SERVICE TO FEDERAL SERVICE. 
(a) RETIREMENT CREDIT.— 
(1) IN
GENERAL.—Any individual who is treated as an 
employee of the Federal Government for purposes of chapter 
83 or chapter 84 of title 5, United States Code, on or after 
the date of enactment of this Act who performed qualifying 
District of Columbia service shall be entitled to have such 
service included in calculating the individual’s creditable service 
under section 8332 or 8411 of title 5, United States Code, 
but only for purposes of the following provisions of such title: 
(A) Sections 8333 and 8410 (relating to eligibility for 
annuity). 
(B) Sections 8336 (other than subsections (d), (h), and 
(p) thereof) and 8412 (relating to immediate retirement). 
(C) Sections 8338 and 8413 (relating to deferred retire-
ment). 
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 
(relating to early retirement). 
(E) Section 8341 and subchapter IV of chapter 84 
(relating to survivor annuities). 
(F) Section 8337 and subchapter V of chapter 84 
(relating to disability benefits). 
(2) TREATMENT
OF
DETENTION
OFFICER
SERVICE
AS
LAW 
ENFORCEMENT OFFICER SERVICE.—Any portion of an individual’s 
qualifying District of Columbia service which consisted of 
service as a detention officer under section 2604(2) of the Dis-
trict of Columbia Government Comprehensive Merit Personnel 
Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be treated 
as service as a law enforcement officer under sections 8331(20) 
or 8401(17) of title 5, United States Code, for purposes of 
applying paragraph (1) with respect to the individual. 
(3) SERVICE NOT INCLUDED IN COMPUTING AMOUNT OF ANY 
ANNUITY.—Qualifying District of Columbia service shall not 
be taken into account for purposes of computing the amount 
of any benefit payable out of the Civil Service Retirement 
and Disability Fund. 
(b) QUALIFYING DISTRICT OF COLUMBIA SERVICE DEFINED.— 
In this section, ‘‘qualifying District of Columbia service’’ means 
any of the following: 
(1) Service performed by an individual as a nonjudicial 
employee of the District of Columbia courts—
H. R. 2647—429 
(A) which was performed prior to the effective date 
of the amendments made by section 11246(b) of the Bal-
anced Budget Act of 1997; and 
(B) for which the individual did not ever receive credit 
under the provisions of subchapter III of chapter 83 or 
chapter 84 of title 5, United States Code (other than by 
virtue of section 8331(1)(iv) of such title). 
(2) Service performed by an individual as an employee 
of an entity of the District of Columbia government whose 
functions were transferred to the Pretrial Services, Parole, 
Adult Supervision, and Offender Supervision Trustee under 
section 11232 of the Balanced Budget Act of 1997— 
(A) which was performed prior to the effective date 
of the individual’s coverage as an employee of the Federal 
Government under section 11232(f) of such Act; and 
(B) for which the individual did not ever receive credit 
under the provisions of subchapter III of chapter 83 or 
chapter 84 of title 5, United States Code (other than by 
virtue of section 8331(1)(iv) of such title). 
(3) Service performed by an individual as an employee 
of the District of Columbia Public Defender Service— 
(A) which was performed prior to the effective date 
of the amendments made by section 7(e) of the District 
of Columbia Courts and Justice Technical Corrections Act 
of 1998; and 
(B) for which the individual did not ever receive credit 
under the provisions of subchapter III of chapter 83 or 
chapter 84 of title 5, United States Code (other than by 
virtue of section 8331(1)(iv) of such title). 
(4) In the case of an individual who was an employee 
of the District of Columbia Department of Corrections who 
was separated from service as a result of the closing of the 
Lorton Correctional Complex and who was appointed to a posi-
tion with the Bureau of Prisons, the District of Columbia courts, 
the Pretrial Services, Parole, Adult Supervision, and Offender 
Supervision Trustee, the United States Parole Commission, 
or the District of Columbia Public Defender Service, service 
performed by the individual as an employee of the District 
of Columbia Department of Corrections— 
(A) which was performed prior to the effective date 
of the individual’s coverage as an employee of the Federal 
Government; and 
(B) for which the individual did not ever receive credit 
under the provisions of subchapter III of chapter 83 or 
chapter 84 of title 5, United States Code (other than by 
virtue of section 8331(1)(iv) of such title). 
(c) CERTIFICATION
OF
SERVICE.—The Office of Personnel 
Management shall accept the certification of the appropriate per-
sonnel official of the government of the District of Columbia or 
other independent employing entity concerning whether an indi-
vidual performed qualifying District of Columbia service and the 
length of the period of such service the individual performed.
H. R. 2647—430 
Subtitle B—Non-Foreign Area Retirement 
Equity Assurance 
SEC. 1911. SHORT TITLE. 
This subtitle may be cited as the ‘‘Non-Foreign Area Retirement 
Equity Assurance Act of 2009’’ or the ‘‘Non-Foreign AREA Act 
of 2009’’. 
SEC. 1912. EXTENSION OF LOCALITY PAY. 
(a) LOCALITY-BASED COMPARABILITY PAYMENTS.—Section 5304 
of title 5, United States Code, is amended— 
(1) in subsection (f)(1), by striking subparagraph (A) and 
inserting the following: 
‘‘(A) each General Schedule position in the United States, 
as defined under section 5921(4), and its territories and posses-
sions, including the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands, shall be 
included within a pay locality; and’’; 
(2) in subsection (g)— 
(A) in paragraph (2)— 
(i) by striking ‘‘and’’ at the end of subparagraph 
(A); and 
(ii) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) positions under subsection (h)(1)(C) not covered by 
appraisal systems certified under subsection 5307(d); and 
‘‘(C) any positions under subsection (h)(1)(D) as the Presi-
dent may determine.’’; and 
(B) by adding at the end the following: 
‘‘(3) The applicable maximum under this subsection shall be 
level II of the Executive Schedule for positions under subsection 
(h)(1)(C) covered by appraisal systems certified under section 
5307(d).’’; 
(3) in subsection (h)(1)— 
(A) in subparagraph (B), by striking ‘‘and’’ after the 
semicolon; 
(B) by redesignating subparagraph (C) as subpara-
graph (D); 
(C) by inserting after subparagraph (B) the following: 
‘‘(C) a Senior Executive Service position under section 3132 
or 3151 or a senior level position under section 5376 stationed 
within the United States, but outside the 48 contiguous States 
and the District of Columbia in which the incumbent was 
an individual who on the day before the effective date of section 
1912 of the Non-Foreign Area Retirement Equity Assurance 
Act of 2009 was eligible to receive a cost-of-living allowance 
under section 5941 and who thereafter has served continuously 
in an area in which such an allowance was payable; and’’; 
(D) in clause (iv) (in the matter following subparagraph 
(D)), by inserting ‘‘, except for a position covered by 
subparagraph (C)’’ before the semicolon; 
(E) in clause (v) (in the matter following subparagraph 
(D)), by inserting ‘‘, except for a position covered by 
subparagraph (C)’’ before the semicolon; and
H. R. 2647—431 
(F) in clause (vii) (in the matter following subparagraph 
(D)), by inserting ‘‘, except for a position covered by 
subparagraph (C)’’ before the period; and 
(4) in subsection (h)(2)— 
(A) in subparagraph (B)(i), by striking ‘‘and (B)’’ and 
inserting ‘‘through (C)’’; and 
(B) in subparagraph (B)(ii), by striking ‘‘(1)(C)’’ and 
inserting ‘‘(1)(D)’’. 
(b) ALLOWANCES BASED ON LIVING COSTS AND CONDITIONS OF 
ENVIRONMENT.—Section 5941 of title 5, United States Code, is 
amended— 
(1) in subsection (a), by adding at the end the following: 
‘‘Notwithstanding any preceding provision of this subsection, 
the cost-of-living allowance rate based on paragraph (1) shall 
be the cost-of-living allowance rate in effect on the date of 
enactment of the Non-Foreign Area Retirement Equity Assur-
ance Act of 2009, except as adjusted under subsection (c).’’; 
(2) by redesignating subsection (b) as subsection (d); and 
(3) by inserting after subsection (a) the following: 
‘‘(b) This section shall apply only to areas that are designated 
as cost-of-living allowance areas as in effect on December 31, 2009. 
‘‘(c)(1) The cost-of-living allowance rate payable under this sec-
tion shall be adjusted on the first day of the first applicable pay 
period beginning on or after— 
‘‘(A) January 1, 2010; and 
‘‘(B) January 1 of each calendar year in which a locality- 
based comparability adjustment takes effect under paragraphs 
(2) and (3), respectively, of section 1914 of the Non-Foreign 
Area Retirement Equity Assurance Act of 2009. 
‘‘(2)(A) In this paragraph, the term ‘applicable locality-based 
comparability pay percentage’ means, with respect to calendar year 
2010 and each calendar year thereafter, the applicable percentage 
under paragraph (1), (2), or (3) of section 1914 of Non-Foreign 
Area Retirement Equity Assurance Act of 2009. 
‘‘(B) Each adjusted cost-of-living allowance rate under para-
graph (1) shall be computed by— 
‘‘(i) subtracting 65 percent of the applicable locality-based 
comparability pay percentage from the cost-of-living allowance 
percentage rate in effect on December 31, 2009; and 
‘‘(ii) dividing the resulting percentage determined under 
clause (i) by the sum of— 
‘‘(I) one; and 
‘‘(II) the applicable locality-based comparability pay-
ment percentage expressed as a numeral. 
‘‘(3) No allowance rate computed under paragraph (2) may 
be less than zero. 
‘‘(4) Each allowance rate computed under paragraph (2) shall 
be paid as a percentage of basic pay (including any applicable 
locality-based comparability payment under section 5304 or similar 
provision of law and any applicable special rate of pay under section 
5305 or similar provision of law).’’. 
SEC. 1913. ADJUSTMENT OF SPECIAL RATES. 
(a) IN GENERAL.—Each special rate of pay established under 
section 5305 of title 5, United States Code, and payable in an 
area designated as a cost-of-living allowance area under section 
5941(a) of that title, shall be adjusted, on the dates prescribed
H. R. 2647—432 
by section 1914, in accordance with regulations prescribed by the 
Director of the Office of Personnel Management under section 1918. 
(b) AGENCIES WITH STATUTORY AUTHORITY.— 
(1) IN GENERAL.—Each special rate of pay established under 
an authority described under paragraph (2) and payable in 
a location designated as a cost-of-living allowance area under 
section 5941(a)(1) of title 5, United States Code, shall be 
adjusted in accordance with regulations prescribed by the 
applicable head of the agency that are consistent with the 
regulations issued by the Director of the Office of Personnel 
Management under subsection (a). 
(2) STATUTORY
AUTHORITY.—The authority referred to 
under paragraph (1), is any statutory authority that— 
(A) is similar to the authority exercised under section 
5305 of title 5, United States Code; 
(B) is exercised by the head of an agency when the 
head of the agency determines it to be necessary in order 
to obtain or retain the services of persons specified by 
statute; and 
(C) authorizes the head of the agency to increase the 
minimum, intermediate, or maximum rates of basic pay 
authorized under applicable statutes and regulations. 
(c) TEMPORARY ADJUSTMENT.—Regulations issued under sub-
section (a) or (b) may provide that statutory limitations on the 
amount of such special rates may be temporarily raised to a higher 
level during the transition period described in section 1914 ending 
on the first day of the first pay period beginning on or after 
January 1, 2012, at which time any special rate of pay in excess 
of the applicable limitation shall be converted to a retained rate 
under section 5363 of title 5, United States Code. 
SEC. 1914. TRANSITION SCHEDULE FOR LOCALITY-BASED COM-
PARABILITY PAYMENTS. 
Notwithstanding any other provision of this subtitle or section 
5304 or 5304a of title 5, United States Code, in implementing 
the amendments made by this subtitle, for each non-foreign area 
determined under section 5941(b) of such title, the applicable rate 
for the locality-based comparability adjustment that is used in 
the computation required under section 5941(c) of such title shall 
be adjusted, effective on the first day of the first pay period begin-
ning on or after January 1— 
(1) in calendar year 2010, by using 1/3 of the locality 
pay percentage for the rest of United States locality pay area; 
(2) in calendar year 2011, by using 2/3 of the otherwise 
applicable comparability payment approved by the President 
for each non-foreign area; and 
(3) in calendar year 2012 and each subsequent year, by 
using the full amount of the applicable comparability payment 
approved by the President for each non-foreign area. 
SEC. 1915. SAVINGS PROVISION. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the application of this subtitle to any employee should 
not result in a decrease in the take home pay of that employee; 
(2) in calendar year 2012 and each subsequent year, no 
employee shall receive less than the Rest of the U.S. locality 
pay rate;
H. R. 2647—433 
(3) concurrent with the surveys next conducted under the 
provisions of section 5304(d)(1)(A) of title 5, United States 
Code, beginning after the date of the enactment of this Act, 
the Bureau of Labor Statistics should conduct separate surveys 
to determine the extent of any pay disparity (as defined by 
section 5302 of that title) that may exist with respect to posi-
tions located in the State of Alaska, the State of Hawaii, and 
the United States territories, including American Samoa, 
Guam, Commonwealth of the Northern Mariana Islands, 
Commonwealth of Puerto Rico, and the United States Virgin 
Islands; 
(4) if the surveys under paragraph (3) indicate that the 
pay disparity determined for the State of Alaska, the State 
of Hawaii, or any 1 of the United States territories including 
American Samoa, Guam, Commonwealth of the Northern Mar-
iana Islands, Commonwealth of Puerto Rico, and the United 
States Virgin Islands exceeds the pay disparity determined 
for the locality which (for purposes of section 5304 of that 
title) is commonly known as the ‘‘Rest of the United States’’, 
the President’s Pay Agent should take appropriate measures 
to provide that each such surveyed area be treated as a separate 
pay locality for purposes of that section; and 
(5) the President’s Pay Agent will establish 1 locality area 
for the entire State of Hawaii and 1 locality area for the 
entire State of Alaska. 
(b) SAVINGS PROVISIONS.— 
(1) IN GENERAL.—During the transition period described 
in section 1914 ending on the first day of the first pay period 
beginning on or after January 1, 2012, an employee paid a 
special rate under 5305 of title 5, United States Code, who 
the day before the date of enactment of this Act was eligible 
to receive a cost-of-living allowance under section 5941 of title 
5, United States Code, and who continues to be officially sta-
tioned in an allowance area, shall receive an increase in the 
employee’s special rate consistent with increases in the 
applicable special rate schedule. For employees in allowance 
areas, the minimum step rate for any grade of a special rate 
schedule shall be increased at the time of an increase in the 
applicable locality rate percentage for the allowance area by 
not less than the dollar increase in the locality-based com-
parability payment for a non-special rate employee at the same 
minimum step provided under section 1914 of this subtitle, 
and corresponding increases shall be provided for all step rates 
of the given pay range. 
(2) CONTINUATION OF COST OF LIVING ALLOWANCE RATE.— 
If an employee, who the day before the date of enactment 
of this Act was eligible to receive a cost-of-living allowance 
under section 5941 of title 5, United States Code, would receive 
a rate of basic pay and applicable locality-based comparability 
payment which is in excess of the maximum rate limitation 
set under section 5304(g) of title 5, United States Code, for 
his position (but for that maximum rate limitation) due to 
the operation of this subtitle, the employee shall continue to 
receive the cost-of-living allowance rate in effect on December 
31, 2009 without adjustment until— 
(A) the employee leaves the allowance area or pay 
system; or
H. R. 2647—434 
(B) the employee is entitled to receive basic pay 
(including any applicable locality-based comparability pay-
ment or similar supplement) at a higher rate, 
but, when any such position becomes vacant, the pay of any 
subsequent appointee thereto shall be fixed in the manner 
provided by applicable law and regulation. 
(3) 
LOCALITY-BASED
COMPARABILITY
PAYMENTS.—Any 
employee covered under paragraph (2) shall receive any 
applicable locality-based comparability payment extended under 
section 1914 of this subtitle which is not in excess of the 
maximum rate set under section 5304(g) of title 5, United 
States Code, for his position including any future increase 
to statutory pay limitations under 5318 of title 5, United States 
Code. Notwithstanding paragraph (2), to the extent that an 
employee covered under that paragraph receives any amount 
of locality-based comparability payment, the cost-of-living allow-
ance rate under that paragraph shall be reduced accordingly, 
as provided under section 5941(c)(2)(B) of title 5, United States 
Code. 
SEC. 1916. APPLICATION TO OTHER ELIGIBLE EMPLOYEES. 
(a) IN GENERAL.— 
(1) DEFINITION.—In this subsection, the term ‘‘covered 
employee’’ means— 
(A) any employee who— 
(i) on the day before the date of enactment of 
this Act— 
(I) was eligible to be paid a cost-of-living allow-
ance under 5941 of title 5, United States Code; 
and 
(II) was not eligible to be paid locality-based 
comparability payments under 5304 or 5304a of 
that title; or 
(ii) on or after the date of enactment of this Act 
becomes eligible to be paid a cost-of-living allowance 
under 5941 of title 5, United States Code; or 
(B) any employee who— 
(i) on the day before the date of enactment of 
this Act— 
(I) was eligible to be paid an allowance under 
section 1603(b) of title 10, United States Code; 
(II) was eligible to be paid an allowance under 
section 1005(b) of title 39, United States Code; 
(III) was employed by the Transportation 
Security Administration of the Department of 
Homeland Security and was eligible to be paid 
an allowance based on section 5941 of title 5, 
United States Code; or 
(IV) was eligible to be paid under any other 
authority a cost-of-living allowance that is equiva-
lent to the cost-of-living allowance under section 
5941 of title 5, United States Code; or 
(ii) on or after the date of enactment of this Act— 
(I) becomes eligible to be paid an allowance 
under section 1603(b) of title 10, United States 
Code;
H. R. 2647—435 
(II) becomes eligible to be paid an allowance 
under section 1005(b) of title 39, United States 
Code; 
(III) is employed by the Transportation Secu-
rity Administration of the Department of Home-
land Security and becomes eligible to be paid an 
allowance based on section 5941 of title 5, United 
States Code; or 
(IV) becomes eligible to be paid under any 
other authority a cost-of-living allowance that is 
equivalent to the cost-of-living allowance under 
section 5941 of title 5, United States Code. 
(2) APPLICATION TO COVERED EMPLOYEES.— 
(A) IN GENERAL.—Notwithstanding any other provision 
of law, for purposes of this subtitle (including the amend-
ments made by this subtitle) any covered employee shall 
be treated as an employee to whom section 5941 of title 
5, United States Code (as amended by section 1912 of 
this subtitle), and section 1914 of this subtitle apply. 
(B) PAY FIXED BY STATUTE.—Pay to covered employees 
under section 5304 or 5304a of title 5, United States Code, 
as a result of the application of this subtitle shall be 
considered to be fixed by statute. 
(C) PERFORMANCE APPRAISAL SYSTEM.—With respect to 
a covered employee who is subject to a performance 
appraisal system no part of pay attributable to locality- 
based comparability payments as a result of the application 
of this subtitle including section 5941 of title 5, United 
States Code (as amended by section 1912 of this subtitle), 
may be reduced on the basis of the performance of that 
employee. 
(b) POSTAL EMPLOYEES IN NON-FOREIGN AREAS.— 
(1) IN GENERAL.—Section 1005(b) of title 39, United States 
Code, is amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; 
(B) by striking ‘‘Section 5941,’’ and inserting ‘‘Except 
as provided under paragraph (2), section 5941’’; 
(C) by striking ‘‘For purposes of such section,’’ and 
inserting ‘‘Except as provided under paragraph (2), for pur-
poses of section 5941 of that title,’’; and 
(D) by adding at the end the following: 
‘‘(2) On and after the date of enactment of the Non-Foreign 
Area Retirement Equity Assurance Act of 2009— 
‘‘(A) the provisions of that Act and section 5941 of title 
5 shall apply to officers and employees covered by section 
1003 (b) and (c) whose duty station is in a nonforeign area; 
and 
‘‘(B) with respect to officers and employees of the Postal 
Service (other than those officers and employees described 
under subparagraph (A)) of section 1916(b)(2) of that Act shall 
apply.’’. 
(2) CONTINUATION OF COST OF LIVING ALLOWANCE.— 
(A) IN GENERAL.—Notwithstanding any other provision 
of this subtitle, any employee of the Postal Service (other 
than an employee covered by section 1003 (b) and (c) of 
title 39, United States Code, whose duty station is in 
a nonforeign area) who is paid an allowance under section
H. R. 2647—436 
1005(b) of that title shall be treated for all purposes as 
if the provisions of this subtitle (including the amendments 
made by this subtitle) had not been enacted, except that 
the cost-of-living allowance rate paid to that employee— 
(i) may result in the allowance exceeding 25 per-
cent of the rate of basic pay of that employee; and 
(ii) shall be the greater of— 
(I) the cost-of-living allowance rate in effect 
on December 31, 2009 for the applicable area; or 
(II) the applicable locality-based comparability 
pay percentage under section 1914. 
(B) RULE OF CONSTRUCTION.—Nothing in this subtitle 
shall be construed to— 
(i) provide for an employee described under 
subparagraph (A) to be a covered employee as defined 
under subsection (a); or 
(ii) 
authorize 
an 
employee 
described 
under 
subparagraph (A) to file an election under section 1917 
of this subtitle. 
SEC. 1917. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY COM-
PUTATION BY EMPLOYEES. 
(a) DEFINITION.—In this section the term ‘‘covered employee’’ 
means any employee— 
(1) to whom section 1914 applies; 
(2) who is separated from service by reason of retirement 
under chapter 83 or 84 of title 5, United States Code, during 
the period of January 1, 2010, through December 31, 2012; 
and 
(3) who files an election with the Office of Personnel 
Management under subsection (b). 
(b) ELECTION.— 
(1) IN GENERAL.—An employee described under subsection 
(a) (1) and (2) may file an election with the Office of Personnel 
Management to be covered under this section. 
(2) DEADLINE.—An election under this subsection may be 
filed not later than December 31, 2012. 
(c) COMPUTATION OF ANNUITY.— 
(1) IN GENERAL.—Except as provided under paragraph (2), 
for purposes of the computation of an annuity of a covered 
employee any cost-of-living allowance under section 5941 of 
title 5, United States Code, paid to that employee during the 
first applicable pay period beginning on or after January 1, 
2010 through the first applicable pay period ending on or after 
December 31, 2012, shall be considered basic pay as defined 
under section 8331(3) or 8401(4) of that title. 
(2) LIMITATION.—An employee’s cost-of-living allowance 
may be considered basic pay under paragraph (1) only to the 
extent that, when added to the employee’s locality-based com-
parability payments, the resulting sum does not exceed the 
amount of the locality-based comparability payments the 
employee would have received during that period for the 
applicable pay area if the limitation under section 1914 did 
not apply. 
(d) CIVIL SERVICE RETIREMENT AND DISABILITY RETIREMENT 
FUND.—
H. R. 2647—437 
(1) EMPLOYEE CONTRIBUTIONS.—A covered employee shall 
pay into the Civil Service Retirement and Disability Retirement 
Fund— 
(A) an amount equal to the difference between— 
(i) employee contributions that would have been 
deducted and withheld from pay under section 8334 
or 8422 of title 5, United States Code, during the 
period described under subsection (c) of this section 
if the cost-of-living allowances described under that 
subsection had been treated as basic pay under section 
8331(3) or 8401(4) of title 5, United States Code; and 
(ii) employee contributions that were actually 
deducted and withheld from pay under section 8334 
or 8422 of title 5, United States Code, during that 
period; and 
(B) interest as prescribed under section 8334(e) of title 
5, United States Code, based on the amount determined 
under subparagraph (A). 
(2) AGENCY CONTRIBUTIONS.— 
(A) IN GENERAL.—The employing agency of a covered 
employee shall pay into the Civil Service Retirement and 
Disability Retirement Fund an amount for applicable 
agency contributions based on payments made under para-
graph (1). 
(B) SOURCE.—Amounts paid under this paragraph shall 
be contributed from the appropriation or fund used to pay 
the employee. 
(3) REGULATIONS.—The Office of Personnel Management 
may prescribe regulations to carry out this section. 
SEC. 1918. REGULATIONS. 
(a) IN GENERAL.—The Director of the Office of Personnel 
Management shall prescribe regulations to carry out this subtitle, 
including— 
(1) rules for special rate employees described under section 
1913; 
(2) rules for adjusting rates of basic pay for employees 
in pay systems administered by the Office of Personnel Manage-
ment when such employees are not entitled to locality-based 
comparability payments under section 5304 of title 5, United 
States Code, without regard to otherwise applicable statutory 
pay limitations during the transition period described in section 
1914 ending on the first day of the first pay period beginning 
on or after January 1, 2012; and 
(3) rules governing establishment and adjustment of saved 
or retained rates for any employee whose rate of pay exceeds 
applicable pay limitations on the first day of the first pay 
period beginning on or after January 1, 2012. 
(b) OTHER PAY SYSTEMS.—With the concurrence of the Director 
of the Office of Personnel Management, the administrator of a 
pay system not administered by the Office of Personnel Manage-
ment shall prescribe regulations to carry out this subtitle with 
respect to employees in such pay system, consistent with the regula-
tions prescribed by the Office under subsection (a). With respect 
to employees not entitled to locality-based comparability payments 
under section 5304 of title 5, United States Code, regulations pre-
scribed under this subsection may provide for special payments
H. R. 2647—438 
or adjustments for employees who were eligible to receive a cost- 
of-living allowance under section 5941 of that title on the date 
before the date of enactment of this Act. 
SEC. 1919. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided by subsection (b), this 
subtitle (including the amendments made by this subtitle) shall 
take effect on the date of enactment of this Act. 
(b) LOCALITY PAY AND SCHEDULE.—The amendments made by 
section 1912 and the provisions of section 1914 shall take effect 
on the first day of the first applicable pay period beginning on 
or after January 1, 2010. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the ‘‘Military Construction 
Authorization Act for Fiscal Year 2010’’. 
SEC. 
2002. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LAW. 
(a) EXPIRATION
OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVII and title XXIX for military construction 
projects, land acquisition, family housing projects and facilities, 
and contributions to the North Atlantic Treaty Organization Secu-
rity Investment Program (and authorizations of appropriations 
therefor) shall expire on the later of— 
(1) October 1, 2012; or 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2013. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Treaty Organization Security Investment Program (and authoriza-
tions of appropriations therefor), for which appropriated funds have 
been obligated before the later of— 
(1) October 1, 2012; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 2013 for military construction projects, land 
acquisition, family housing projects and facilities, and contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment Program. 
SEC. 2003. RELATION TO FUNDING TABLES. 
(a) MILITARY CONSTRUCTION, MILITARY FAMILY HOUSING, AND 
RELATED ACTIVITIES.—The amounts authorized to be appropriated 
by sections 2104, 2204, 2304, 2404, 2411, 2502, and 2606 shall 
be available, in accordance with the requirements of section 4001, 
for projects, programs, and activities, and in the amounts, specified 
in the funding table in section 4501. 
(b) 
BASE
CLOSURE
AND
REALIGNMENT
ACTIVITIES.—The 
amounts authorized to be appropriated by section 2703 shall be 
available, in accordance with the requirements of section 4001,
H. R. 2647—439 
for projects, programs, and activities, and in the amounts, specified 
in the funding table in section 4502. 
(c) 
OVERSEAS
CONTINGENCY
OPERATIONS.—The 
amounts 
authorized to be appropriated by sections 2901 and 2902 shall 
be available, in accordance with the requirements of section 4001, 
for projects, programs, and activities, and in the amounts, specified 
in the funding table in section 4503. 
SEC. 2004. GENERAL REDUCTION ACROSS DIVISION. 
(a) REDUCTION.—Of the amounts provided in the authorizations 
of appropriations in this division, the overall authorization of appro-
priations in this division is reduced by $529,091,000. 
(b) REPORT ON APPLICATION.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
describing how the reduction required by subsection (a) is applied. 
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 2009 project. 
Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects. 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following table: 
Army: Inside the United States 
State 
Installation or Location 
Amount 
Alabama ........................
Anniston Army Depot ...............................................
$3,300,000 
Redstone Arsenal ......................................................
$3,550,000 
Alaska ...........................
Fort Richardson ........................................................
$56,050,000 
Fort Wainwright .......................................................
$198,000,000 
Arizona ..........................
Fort Huachuca ..........................................................
$27,700,000 
Arkansas .......................
Pine Bluff Arsenal ....................................................
$25,000,000 
California ......................
Fort Irwin ..................................................................
$9,500,000 
Colorado ........................
Fort Carson ...............................................................
$240,950,000 
Florida ..........................
Eglin Air Force Base ................................................
$132,800,000 
Georgia ..........................
Fort Benning .............................................................
$295,300,000 
Fort Gillem ................................................................
$10,800,000 
Fort Stewart ..............................................................
$100,400,000 
Hawaii ...........................
Schofield Barracks ....................................................
$184,000,000 
Wheeler Army Air Field ...........................................
$7,500,000 
Kansas ..........................
Fort Riley ..................................................................
$168,500,000 
Kentucky .......................
Fort Campbell ...........................................................
$14,400,000 
Fort Knox ..................................................................
$70,000,000 
Louisiana ......................
Fort Polk ...................................................................
$55,400,000 
Maryland ......................
Aberdeen Proving Ground .......................................
$15,500,000 
Fort Detrick ..............................................................
$46,400,000 
Fort Meade ................................................................
$2,350,000 
Missouri ........................
Fort Leonard Wood ...................................................
$170,800,000 
New Jersey ...................
Picatinny Arsenal .....................................................
$10,200,000 
New York ......................
Fort Drum .................................................................
$92,700,000 
North Carolina .............
Fort Bragg .................................................................
$114,600,000
H. R. 2647—440 
Army: Inside the United States—Continued 
State 
Installation or Location 
Amount 
Sunny Point Military Ocean Terminal ...................
$28,900,000 
Oklahoma .....................
Fort Sill .....................................................................
$90,500,000 
McAlester Army Ammunition Plant .......................
$12,500,000 
South Carolina .............
Charleston Naval Weapons Station ........................
$21,800,000 
Fort Jackson ..............................................................
$103,500,000 
Texas .............................
Fort Bliss ...................................................................
$219,400,000 
Fort Hood ..................................................................
$42,900,000 
Fort Sam Houston ....................................................
$19,800,000 
Utah ..............................
Dugway Proving Ground ..........................................
$25,000,000 
Virginia .........................
Fort A.P. Hill ............................................................
$23,000,000 
Fort Belvoir ...............................................................
$17,900,000 
Fort Eustis ................................................................
$8,900,000 
Fort Lee .....................................................................
$5,000,000 
Washington ...................
Fort Lewis .................................................................
$18,700,000 
Various locations ..........
Troop Trainee Housing ............................................
$350,000,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(2), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
or locations outside the United States, and in the amounts, set 
forth in the following table: 
Army: Outside the United States 
Country 
Installation or Location 
Amount 
Afghanistan ...............
Bagram Air Base .....................................
$87,100,000 
Belgium ......................
Mons .........................................................
$20,000,000 
Germany ....................
Ansbach ....................................................
$31,700,000 
Kleber Kaserne ........................................
$20,000,000 
Japan .........................
Okinawa ...................................................
$6,000,000 
Sagamihara ..............................................
$6,000,000 
Korea ..........................
Camp Humphreys ...................................
$50,200,000 
Kuwait .......................
Camp Arifjan ...........................................
$82,000,000 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of units, 
and in the amounts set forth in the following table: 
Army: Family Housing 
Country 
Installation or Lo-
cation 
Units 
Amount 
Germany .................
Baumholder ...........
38 ...............
$18,000,000 
(b) PLANNING
AND
DESIGN.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $3,936,000.
H. R. 2647—443 
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2009 PROJECT. 
In the case of the authorization contained in the table in 
section 2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4659) for Fort 
Bragg, North Carolina, for construction of a chapel at the installa-
tion, the Secretary of the Army may construct up to a 22,600 
square-feet (400 person) chapel consistent with the Army’s standard 
square footage for chapel construction guidelines. 
SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2006 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3501), authorizations set forth 
in the table in subsection (b), as provided in section 2101 of that 
Act (119 Stat. 3485) and extended by section 2107 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B 
of Public Law 110–417; 122 Stat. 4665), shall remain in effect 
until October 1, 2010, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 2011, 
whichever is later: 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Army: Extension of 2006 Project Authorizations 
State 
Installation or 
Location 
Project 
Amount 
Hawaii ...........
Pohakuloa .............
Tactical Vehicle Wash 
Facility.
$9,207,000 
Battle Area Complex .......
$33,660,000 
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 and extension of authority to carry out certain fiscal year 
2006 project. 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(1), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following table: 
Navy: Inside the United States 
State 
Installation or Location 
Amount 
Arizona .....................
Marine Corps Air Station, Yuma ............
$28,770,000 
California ..................
Mountain 
Warfare 
Training 
Center 
Bridgeport.
$11,290,000 
Marine Corps Base, Camp Pendleton .....
$775,162,000
H. R. 2647—444 
Navy: Inside the United States—Continued 
State 
Installation or Location 
Amount 
Edwards Air Force Base ..........................
$3,007,000 
Naval Station Monterey ...........................
$10,240,000 
Marine Corps Base, Twentynine Palms
$513,680,000 
Marine Corps Air Station, Miramar .......
$9,280,000 
Point Loma Annex ....................................
$11,060,000 
Naval Station, San Diego .........................
$23,590,000 
Connecticut ..............
Naval Submarine Base, New London .....
$6,570,000 
Florida ......................
Blount Island Command ..........................
$3,760,000 
Eglin Air Force Base ................................
$26,287,000 
Naval Air Station, Jacksonville ...............
$5,917,000 
Naval Station, Mayport ............................
$102,345,000 
Naval Air Station, Pensacola ...................
$26,161,000 
Naval Air Station, Whiting Field ............
$4,120,000 
Georgia .....................
Marine Corps Logistics Base, Albany .....
$4,870,000 
Hawaii ......................
Oahu ..........................................................
$5,380,000 
Naval Station, Pearl Harbor ....................
$60,252,000 
Indiana .....................
Naval Support Activity ............................
$13,710,000 
Maine ........................
Portsmouth Naval Shipyard ....................
$7,090,000 
Maryland ..................
Naval 
Surface 
Warfare 
Center, 
Carderock.
$6,520,000 
Naval Air Station, Patuxent River ..........
$11,043,000 
Nevada ......................
Naval Air Station, Fallon .........................
$10,670,000 
North Carolina .........
Marine Corps Base, Camp Lejeune ........
$673,570,000 
Marine Corps Air Station, Cherry Point 
$22,960,000 
Marine Corps Air Station, New River ....
$107,090,000 
Rhode Island ............
Naval Station, Newport ...........................
$64,883,000 
South Carolina .........
Marine Corps Air Station, Beaufort ........
$1,280,000 
Marine Corps Recruit Depot, Parris Is-
land.
$6,972,000 
Texas .........................
Naval Air Station, Corpus Christi ..........
$19,764,000 
Naval Air Station, Kingsville ..................
$4,470,000 
Virginia .....................
Naval Amphibious Base, Little Creek ....
$13,095,000 
Naval Station Norfolk ..............................
$18,139,000 
Naval Special Weapons Center, Dahl-
gren.
$3,660,000 
Dam Neck ..................................................
$14,170,000 
Norfolk Naval Shipyard, Portsmouth .....
$226,969,000 
Marine Corps Base, Quantico ..................
$105,240,000 
Washington ..............
Bremerton .................................................
$108,939,000 
Naval Station, Everett .............................
$3,810,000 
Naval Magazine, Indian Island ...............
$13,130,000 
Spokane .....................................................
$12,707,000 
West Virginia ...........
Naval Security Group, Sugar Grove .......
$10,990,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(2), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the installation 
or location outside the United States, and in the amounts, set 
forth in the following table: 
Navy: Outside the United States 
Country 
Installation or Location 
Amount 
Bahrain .....................
Southwest Asia ...........................................
$41,526,000 
Djibouti .....................
Camp Lemonier ..........................................
$41,845,000 
Guam .........................
Naval Activities, Guam .............................
$575,006,000
H. R. 2647—445 
Navy: Outside the United States—Continued 
Country 
Installation or Location 
Amount 
Spain .........................
Naval Station, Rota ...................................
$26,278,000 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2204(a)(5)(A), the Secretary of the Navy may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of units, 
and in the amount set forth in the following table: 
Navy: Family Housing 
Location 
Installation or Lo-
cation 
Units 
Amount 
Korea ...............................
Pusan ..............................
Welcome center/ ware-
house 
$4,376,000 
Mariana Islands ..............
Naval Activities, Guam
$20,730,000 
(b) PLANNING
AND
DESIGN.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(5)(A), the Secretary of the Navy may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $2,771,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(5)(A), the Secretary of the Navy may 
improve existing military family housing units in an amount not 
to exceed $118,692,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2009, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$4,284,112,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $2,746,704,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $233,445,000. 
(3) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$12,483,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$179,652,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $146,569,000.
H. R. 2647—446 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $368,540,000. 
(6) For the construction of increment 6 of a limited area 
production and storage complex at Bangor, Washington, author-
ized by section 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2005 (division B of Public Law 108– 
375; 118 Stat. 2106), $87,292,000. 
(7) For the construction of increment 2 of enclave fencing 
at Naval Submarine Base, Bangor, Washington, authorized by 
section 2201(a) of the Military Construction Authorization Act 
for Fiscal Year 2006 (division B of Public Law 109–163; 119 
Stat. 3490), as amended by section 2205 of this Act, 
$67,419,000. 
(8) For the construction of increment 2 of a replacement 
maintenance pier at Bremerton, Washington, authorized by 
section 2201(a) of the Military Construction Authorization Act 
for Fiscal Year 2008 (division B of Public Law 110–181; 122 
Stat. 510), $69,064,000. 
(9) For the construction of increment 3 of a submarine 
drive-in magazine silencing facility at Naval Base Pearl Harbor, 
Hawaii, authorized by section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2008 (division B of Public 
Law 110–181; 122 Stat. 510), $8,645,000. 
(10) For the construction of the first increment of a ship 
repair pier replacement at Norfolk Naval Shipyard, Virginia, 
authorized by section 2201(a), $126,969,000. 
(11) For the construction of the first increment of a wharves 
improvement, Apra Harbor, Guam, authorized by section 
2201(b), $127,033,000. 
(12) For the construction of the first increment of north 
ramp utilities, Andersen Air Force Base, Guam, authorized 
by section 2201(b), $21,500,000. 
(13) For the construction of the first increment of north 
ramp parking, Andersen Air Force Base, Guam, authorized 
by section 2201(b), $88,797,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a). 
(2) $100,000,000 (the balance of the amount authorized 
under section 2201(a) for Ship Repair Pier Replacement at 
the Norfolk Naval Shipyard, Virginia). 
(3) $40,000,000 (the balance of the amount authorized 
under section 2201(b) for wharves improvements, Apra Harbor, 
Guam). 
(4) $41,520,000 (the balance of the amount authorized 
under section 2201(a) for Enclave Fencing/Parking at Brem-
erton, Washington). 
(5) $94,100,000 (the balance of the amount authorized 
under section 2201(b) for north ramp parking at Andersen 
Air Force Base, Guam).
H. R. 2647—447 
(6) $79,780,000 (the balance of the amount authorized 
under section 2201(b) for north ramp utilities at Andersen 
Air Force Base, Guam). 
SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY TO CARRY 
OUT CERTAIN FISCAL YEAR 2006 PROJECT. 
(a) MODIFICATION.—The table in section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3490) is amended in the item 
relating to Naval Submarine Base, Bangor, Washington, by striking 
‘‘$60,160,000’’ and inserting ‘‘$127,163,000’’. 
(b) CONFORMING AMENDMENT.—Section 2204(b) of that Act (119 
Stat. 3492) is amended by adding at the end the following new 
paragraph: 
‘‘(11) $67,003,000 (the balance of the amount authorized 
under section 2201(a) for construction of a waterfront security 
enclave at Naval Submarine Base, Bangor, Washington).’’. 
(c) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3501), the authorization relating 
to enclave fencing/parking at Naval Submarine Base, Bangor, Wash-
ington (formerly referred to as a project at Naval Submarine Base, 
Bangor, Washington), as provided in section 2201 of that Act, shall 
remain in effect until October 1, 2012, or the date of the enactment 
of an Act authorizing funds for military construction for fiscal 
year 2013, whichever is later. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Termination of authority to carry out certain fiscal year 2009 Air Force 
project. 
Sec. 2306. Extension of authorizations of certain fiscal year 2007 projects. 
Sec. 2307. Extension of authorizations of certain fiscal year 2006 projects. 
Sec. 2308. Conveyance to Indian tribes of certain housing units. 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(1), 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the installations or 
locations inside the United States, and in the amounts, set forth 
in the following table: 
Air Force: Inside the United States 
State 
Installation or Location 
Amount 
Alaska .........................................
Clear Air Force Station ..........................
$24,300,000 
Eielson Air Force Base ...........................
$13,350,000 
Elmendorf Air Force Base ......................
$15,700,000 
Arizona ........................................
Davis-Monthan Air Force Base .............
$41,900,000 
Arkansas .....................................
Little Rock Air Force Base .....................
$16,200,000 
California ....................................
Los Angeles Air Force Base ...................
$8,000,000 
Travis Air Force Base ............................
$12,900,000 
Vandenberg Air Force Base ...................
$13,000,000 
Colorado ......................................
Peterson Air Force Base .........................
$32,300,000
H. R. 2647—448 
Air Force: Inside the United States—Continued 
State 
Installation or Location 
Amount 
United States Air Force Academy .........
$17,500,000 
Delaware .....................................
Dover Air Force Base .............................
$24,900,000 
Florida ........................................
Eglin Air Force Base ..............................
$84,360,000 
Hurlburt Field .........................................
$19,900,000 
MacDill Air Force Base ..........................
$59,300,000 
Patrick Air Force Base ...........................
$8,400,000 
Georgia ........................................
Moody Air Force Base ............................
$10,000,000 
Warner Robins Air Force Base ..............
$6,200,000 
Hawaii .........................................
Hickam Air Force Base ..........................
$4,000,000 
Wheeler Air Force Base .........................
$15,000,000 
Idaho ...........................................
Mountain Home Air Force Base ............
$20,000,000 
Illinois .........................................
Scott Air Force Base ...............................
$7,400,000 
Louisiana ....................................
Barksdale Air Force Base ......................
$12,800,000 
Maryland ....................................
Andrews Air Force Base ........................
$9,300,000 
Mississippi ..................................
Columbus Air Force Base ......................
$9,800,000 
Missouri ......................................
Whiteman Air Force Base ......................
$12,900,000 
Montana ......................................
Malstrom Air Force Base .......................
$10,600,000 
Nebraska ....................................
Offutt Air Force Base .............................
$10,400,000 
Nevada ........................................
Creech Air Force Base ............................
$2,700,000 
New Jersey .................................
McGuire Air Force Base .........................
$7,900,000 
New Mexico ................................
Cannon Air Force Base ..........................
$15,000,000 
Holloman Air Force Base .......................
$53,400,000 
Kirtland Air Force Base .........................
$22,500,000 
North Carolina ...........................
Pope Air Force Base ...............................
$9,000,000 
......................................................
Seymour Johnson Air Force Base .........
$6,900,000 
North Dakota .............................
Grand Forks Air Force Base ..................
$12,000,000 
......................................................
Minot Air Force Base .............................
$11,500,000 
Ohio .............................................
Wright-Patterson Air Force Base ..........
$58,600,000 
Oklahoma ...................................
Altus Air Force Base ..............................
$20,300,000 
Tinker Air Force Base ............................
$18,237,000 
Vance Air Force Base .............................
$10,700,000 
South Carolina ...........................
Shaw Air Force Base ..............................
$21,183,000 
South Dakota .............................
Ellsworth Air Force Base .......................
$14,500,000 
Texas ...........................................
Dyess Air Force Base .............................
$4,500,000 
Goodfellow Air Force Base .....................
$44,400,000 
Lackland Air Force Base ........................
$113,879,000 
Sheppard Air Force Base .......................
$13,450,000 
Utah ............................................
Hill Air Force Base .................................
$26,153,000 
Virginia .......................................
Langley Air Force Base ..........................
$10,000,000 
Washington .................................
Fairchild Air Force Base ........................
$15,150,000 
Wyoming .....................................
F. E. Warren Air Force Base .................
$9,100,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(2), 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the installations or 
locations outside the United States, and in the amounts, set forth 
in the following table: 
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Afghanistan ..............................
Bagram Air Base .............................................
$22,000,000 
Colombia ..................................
Palanquero Air Base .......................................
$46,000,000 
Germany ...................................
Ramstein Air Base ..........................................
$34,700,000 
Spangdahlem Air Base ...................................
$23,500,000 
Guam ........................................
Andersen Air Force Base ................................
$61,702,000 
Italy ..........................................
Naval Air Station Sigonella ...........................
$31,300,000 
Qatar ........................................
Al Udeid Air Base ...........................................
$60,000,000 
Turkey ......................................
Incirlik Air Base ..............................................
$9,200,000
H. R. 2647—449 
SEC. 2302. FAMILY HOUSING. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2304(5)(A), the Secretary of the Air Force 
may carry out architectural and engineering services and construc-
tion design activities with respect to the construction or improve-
ment of family housing units in an amount not to exceed $4,314,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(5)(A), the Secretary of the Air Force may 
improve existing military family housing units in an amount not 
to exceed $61,737,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for military construction, land 
acquisition, and military family housing functions of the Depart-
ment of the Air Force in the total amount of $1,984,963,000, as 
follows: 
(1) For military construction projects inside the United 
States authorized by section 2301(a), $1,003,962,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $288,402,000. 
(3) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$20,000,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$103,562,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $66,101,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $502,936,000. 
SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2009 AIR FORCE PROJECT. 
(a) TERMINATION.—The table in section 2301(c) of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B 
of Public Law 110–417; 122 Stat. 4682) is amended in the item 
relating 
to 
Unspecified 
Worldwide 
Locations 
by 
striking 
‘‘$38,391,000’’ in the amount column and inserting ‘‘$891,000’’. 
(b) CONFORMING AMENDMENTS.—Section 2304 of that Act (122 
Stat. 4683) is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘$2,108,090,000’’ and inserting ‘‘$2,070,590,000’’; and 
(2) in paragraph (3), by striking ‘‘$38,391,000’’ and inserting 
‘‘$891,000’’. 
SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2007 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109–364; 120 Stat. 2463), authorizations set forth 
in the table in subsection (b), as provided in sections 2301 and
H. R. 2647—450 
2302 of that Act, shall remain in effect until October 1, 2010, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2011, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Air Force: Extension of 2007 Project Authorizations 
State/Coun-
try 
Installation or 
Location 
Project 
Amount 
Delaware ........
Dover Air Force 
Base ...................
C–17 Aircrew Life Sup-
port ................................
$7,400,000 
Idaho ..............
Mountain Home 
Air Force Base ..
Replace Family Housing 
(457 units) ....................
$107,800,000 
SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2006 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3501), authorizations set forth 
in the table in subsection (b), as provided in section 2302 of that 
Act (119 Stat. 3495) and extended by section 2305 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B 
of Public Law 110–417; 122 Stat. 4684), shall remain in effect 
until October 1, 2010, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 2011, 
whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Air Force: Extension of 2006 Project Authorizations 
State 
Installation or Loca-
tion 
Project 
Amount 
Alaska .............
Eielson Air Force Base 
Replace Family 
Housing (92 units) 
$37,650,000 
Eielson Air Force Base 
Purchase Build/ 
Lease Housing 
(300 units) ............
$18,144,000 
North Dakota
Grand Forks Air Force 
Base ...........................
Replace Family 
Housing (150 
units) ....................
$43,353,000 
SEC. 2308. CONVEYANCE TO INDIAN TRIBES OF CERTAIN HOUSING 
UNITS. 
(a) DEFINITIONS.—In this section: 
(1) EXECUTIVE DIRECTOR.—The term ‘‘Executive Director’’ 
means the Executive Director of Walking Shield, Inc. 
(2) INDIAN
TRIBE.—The term ‘‘Indian tribe’’ means any 
Indian tribe included on the list published by the Secretary 
of the Interior under section 104 of the Federally Recognized 
Indian Tribe List Act of 1994 (25 U.S.C.479a–1). 
(b) REQUESTS FOR CONVEYANCE.— 
(1) IN GENERAL.—The Executive Director may submit to 
the Secretary of the Air Force, on behalf of any Indian tribe
H. R. 2647—451 
located in the State of Idaho, Nevada, North Dakota, Oregon, 
South Dakota, Montana, or Minnesota, a request for conveyance 
of any relocatable military housing unit located at Grand Forks 
Air Force Base, Minot Air Force Base, Malmstrom Air Force 
Base, Ellsworth Air Force Base, or Mountain Home Air Force 
Base. 
(2) CONFLICTS.—The Executive Director shall resolve any 
conflict among requests of Indian tribes for housing units 
described in paragraph (1) before submitting a request to the 
Secretary of the Air Force under this subsection. 
(c) CONVEYANCE BY SECRETARY.—Notwithstanding any other 
provision of law, on receipt of a request under subsection (b)(1), 
the Secretary of the Air Force may convey to the Indian tribe 
that is the subject of the request, at no cost to the Air Force 
and without consideration, any relocatable military housing unit 
described in subsection (b)(1) that, as determined by the Secretary, 
is in excess of the needs of the military. 
TITLE XXIV—DEFENSE AGENCIES 
Subtitle A—Defense Agency Authorizations 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Family Housing. 
Sec. 2403. Energy conservation projects. 
Sec. 2404. Authorization of appropriations, Defense Agencies. 
Sec. 2405. Termination or modification of authority to carry out certain fiscal year 
2009 projects. 
Sec. 2406. Modification of authority to carry out certain fiscal year 2008 project. 
Sec. 2407. Extension of authorizations of certain fiscal year 2007 project. 
Subtitle B—Chemical Demilitarization Authorizations 
Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 
defense-wide. 
Subtitle A—Defense Agency Authorizations 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2404(a)(1), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following tables: 
Defense Education Activity 
State 
Installation or Location 
Amount 
Georgia .......................
Fort Benning .............................................
$2,330,000 
Fort Stewart/Hunter Army Air Field ......
$22,501,000 
North Carolina ...........
Fort Bragg .................................................
$3,439,000
H. R. 2647—452 
Defense Information Systems Agency 
State 
Installation or Location 
Amount 
Hawaii ........................
Naval Station Pearl Harbor, Ford Island 
$9,633,000 
Defense Logistics Agency 
State 
Installation or Location 
Amount 
California ....................
El Centro ...................................................
$11,000,000 
Travis Air Force Base ..............................
$15,357,000 
Florida ........................
Jacksonville International Airport (Air 
National Guard).
$11,500,000 
Minnesota ...................
Duluth International Airport (Air Na-
tional Guard).
$15,000,000 
Oklahoma ...................
Altus Air Force Base ................................
$2,700,000 
Texas ...........................
Fort Hood ..................................................
$3,000,000 
Washington ................
Fairchild Air Force Base ..........................
$7,500,000 
Missile Defense Agency 
State 
Installation or Location 
Amount 
Alabama .....................
Redstone Arsenal ......................................
$12,000,000 
Virginia .......................
Naval Support Facility, Dahlgren ...........
$24,500,000 
National Security Agency 
State 
Installation or Location 
Amount 
Maryland ...............
Fort Meade .....................................
$203,800,000 
Special Operations Command 
State 
Installation or Location 
Amount 
California ...............
Naval Amphibious Base, Coro-
nado.
$15,722,000 
Colorado .................
Fort Carson ....................................
$48,246,000 
Florida ...................
Eglin Air Force Base .....................
$3,046,000 
Hurlburt Field ................................
$8,156,000 
Georgia ..................
Fort Benning ..................................
$3,046,000 
Kentucky ...............
Fort Campbell ................................
$39,135,000 
New Mexico ...........
Cannon Air Force Base .................
$58,864,000 
North Carolina ......
Fort Bragg ......................................
$101,488,000 
Marine 
Corps 
Base, 
Camp 
Lejeune.
$11,791,000 
Virginia ..................
Naval Amphibious Base, Little 
Creek.
$18,669,000 
Washington ...........
Fort Lewis ......................................
$14,500,000
H. R. 2647—456 
Supplemental Appropriations Act, 2009 (Public Law 111–32; 
123 Stat. 1888), $600,000,000. 
(14) For the construction of the first increment of a hospital 
at Fort Bliss, Texas, authorized by section 2401(a), $86,975,000. 
(15) For the construction of the first increment of a hospital 
at Naval Activities, Guam, authorized by section 2401(b), 
$259,156,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2401 of this Act may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a). 
(2) $187,294,000 (the balance of the amount authorized 
by section 2401(b) for the hospital replacement, Guam). 
(3) $820,000,000 (the balance of the amount authorized 
in the Supplemental Appropriations Act, 2009 (Public Law 111– 
32) for the Utah Data Center, Camp Williams, Utah). 
(4) $879,025,000 (the balance of the amount authorized 
by section 2401(a) for the hospital replacement phase I, Fort 
Bliss, Texas). 
(5) $290,000,000 (the balance of the amount authorized 
by section 2401(a) of the Military Construction Authorization 
Act for Fiscal Year 2009 (division B of Public Law 110–417; 
122 Stat. 4689) for the USAMRIID replacement facility at 
Aberdeen Proving Ground, Maryland). 
(6) $47,000,000 (the balance of the amount authorized by 
section 2401(a) of the Military Construction Authorization Act 
for Fiscal Year 2008 (division B of Public Law 110–181; 122 
Stat. 521), as modified by section 2406(a) of this Act, for the 
replacement of fuel storage facilities at Point Loma Annex, 
California). 
(c) AVAILABILITY
OF
FUNDS
FOR
ENERGY
CONSERVATION 
PROJECTS OF RESERVE COMPONENTS.—Of the amount authorized 
to be appropriated by subsection (a)(6) for energy conservation 
projects under chapter 173 of title 10, United States Code, the 
Secretary of Defense shall reserve a portion of the amount for 
energy conservation projects for the reserve components in an 
amount that is not less than an amount that bears the same 
proportion to the total amount authorized to be appropriated as 
the total quantity of energy consumed by reserve facilities (as 
defined in section 18232(2) of such title) during fiscal year 2009 
bears to the total quantity of energy consumed by all military 
installations (as defined in section 2687(e)(1) of such title) during 
that fiscal year, as determined by the Secretary. 
SEC. 2405. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY 
OUT CERTAIN FISCAL YEAR 2009 PROJECTS. 
(a) TERMINATION.—Section 2401(b) of the Military Construction 
Authorization Act for Fiscal Year 2009 (division B of Public Law 
110–417; 122 Stat. 4690) is amended by striking the table relating 
to the Missile Defense Command. 
(b) MODIFICATION.—The table relating to the Defense Logistics 
Agency in such section is amended in the item relating to Souda 
Bay, Greece, by striking ‘‘$8,000,000’’ in the amount column and 
inserting ‘‘$32,000,000’’.
H. R. 2647—457 
(c) CONFORMING AMENDMENTS.—Section 2403 of that Act (122 
Stat. 4692) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘$1,639,050,000’’ and inserting ‘‘$1,487,890,000’’; 
(B) in paragraph (2), by striking ‘‘$246,360,000’’ and 
inserting ‘‘$87,200,000’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(11) For construction of the first increment of fuel storage 
tanks and pipeline replacement at Souda Bay, Greece, 
$8,000,000.’’; and 
(2) in subsection (b), by striking paragraphs (3) and (4) 
and inserting the following new paragraph: 
‘‘(3) $24,000,000 (the balance of the amount authorized 
for the Defense Logistics Agency under section 2401(b) for 
fuel storage tanks and pipeline replacement at Souda Bay, 
Greece).’’. 
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2008 PROJECT. 
(a) MODIFICATION.—The table relating to the Defense Logistics 
Agency in section 2401 (a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2008 (division B of Public Law 110–181; 
122 Stat. 521) is amended in the item relating to Point Loma 
Annex, California, by striking ‘‘$140,000,000’’ in the amount column 
and inserting ‘‘$195,000,000’’. 
(b) CONFORMING AMENDMENT.—Section 2403(b)(2) of that Act 
(122 Stat. 524) is amended by striking ‘‘$84,300,000’’ and inserting 
‘‘$139,300,000’’. 
SEC. 2407. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2007 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109–364; 120 Stat. 2463), authorizations set forth 
in the table in subsection (b), as provided in section 2402 of that 
Act, shall remain in effect until October 1, 2010, or the date of 
the enactment of an Act authorizing funds for military construction 
for fiscal year 2011, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Defense Logistics Agency: Family Housing 
State 
Location 
Units 
Amount 
Virginia ..........
Defense Supply Center, 
Richmond.
Whole 
House 
Renova-
tion.
$484,000
H. R. 2647—458 
Subtitle B—Chemical Demilitarization 
Authorizations 
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILI-
TARIZATION CONSTRUCTION, DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for military construction and 
land acquisition for chemical demilitarization in the total amount 
of $151,541,000 as follows: 
(1) For the construction of phase 11 of a chemical munitions 
demilitarization facility at Pueblo Chemical Activity, Colorado, 
authorized by section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 1997 (division B of Public 
Law 104–201; 110 Stat. 2775), as amended by section 2406 
of the Military Construction Authorization Act for Fiscal Year 
2000 (division B of Public Law 106–65; 113 Stat. 839), section 
2407 of the Military Construction Authorization Act for Fiscal 
Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), 
and section 2413 of the Military Construction Authorization 
Act for Fiscal Year 2009 (division B of Public Law 110–417; 
122 Stat. 4697), $92,500,000. 
(2) For the construction of phase 10 of a munitions demili-
tarization facility at Blue Grass Army Depot, Kentucky, author-
ized by section 2401(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2000 (division B of Public Law 106– 
65; 113 Stat. 835), as amended by section 2405 of the Military 
Construction Authorization Act for Fiscal Year 2002 (division 
B of Public Law 107–107; 115 Stat. 1298), section 2405 of 
the Military Construction Authorization Act for Fiscal Year 
2003 (division B of Public Law 107–314; 116 Stat. 2698), and 
section 2414 of the Military Construction Authorization Act 
for Fiscal Year 2009 (division B of Public Law 110–417; 122 
Stat. 4697), $59,041,000. 
TITLE XXV—NORTH ATLANTIC TREATY 
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as pro-
vided in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected from 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States
H. R. 2647—459 
Code, for the share of the United States of the cost of projects 
for the North Atlantic Treaty Organization Security Investment 
Program authorized by section 2501, in the amount of $197,414,000. 
TITLE XXVI—GUARD AND RESERVE 
FORCES FACILITIES 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects. 
Sec. 2608. Extension of authorizations of certain fiscal year 2006 project. 
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the Army National 
Guard locations inside the United States, and in the amounts, 
set forth in the following table: 
Army National Guard: Inside the United States 
State 
Location 
Amount 
Alabama ...................................
Fort McClellan ..................................................
$3,000,000 
Arizona .....................................
Camp Navajo .....................................................
$3,000,000 
California ..................................
Los Alamitos Joint Forces Training Base .......
$31,000,000 
Georgia .....................................
Fort Benning .....................................................
$15,500,000 
Hunter Army Air Field .....................................
$8,967,000 
Idaho .........................................
Gowen Field .......................................................
$16,100,000 
Illinois .......................................
Milan ..................................................................
$5,600,000 
Indiana .....................................
Muscatatuck Urban Training Center ..............
$10,100,000 
Iowa ..........................................
Camp Dodge ......................................................
$4,000,000 
Kansas ......................................
Salina Army National Guard Aviation Facil-
ity.
$2,227,000 
Massachusetts ..........................
Hanscom Air Force Base ..................................
$29,000,000 
Michigan ...................................
Fort Custer ........................................................
$7,732,000 
Minnesota .................................
Arden Hills Army Training Site ......................
$6,700,000 
Camp Ripley ......................................................
$1,710,000 
Mississippi ................................
Camp Shelby .....................................................
$16,100,000 
Monticello ..........................................................
$14,350,000 
Missouri ....................................
Boonville ............................................................
$1,800,000 
Nebraska ..................................
Lincoln Municipal Airport ................................
$23,000,000 
Nevada ......................................
Carson City ........................................................
$2,000,000 
North Las Vegas ...............................................
$26,000,000 
New Mexico ..............................
Santa Fe ............................................................
$39,000,000 
North Carolina .........................
East Flat Rock ...................................................
$2,516,000 
Fort Bragg .........................................................
$6,038,000 
Oregon ......................................
Clatsop County ..................................................
$3,369,000 
Polk County .......................................................
$12,100,000 
South Carolina .........................
Eastover .............................................................
$26,000,000 
Greenville ..........................................................
$40,000,000 
South Dakota ...........................
Camp Rapid .......................................................
$9,840,000 
Texas .........................................
Austin ................................................................
$22,200,000 
Vermont ....................................
Ethan Allen Firing Range ................................
$1,996,000 
Virginia .....................................
Fort Pickett .......................................................
$32,000,000 
West Virginia ...........................
St. Albans Armory ............................................
$2,000,000
H. R. 2647—460 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the Army National 
Guard locations outside the United States, and in the amounts, 
set forth in the following table: 
Army National Guard: Outside the United States 
Country 
Location 
Amount 
Guam ........................................
Barrigada ...........................................................
$30,000,000 
Virgin Islands ..........................
St. Croix .............................................................
$20,000,000 
(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for unspecified installa-
tions or locations in the amounts set forth in the following table: 
Army National Guard 
Location 
Location or Installation 
Amount 
Worldwide Unspecified ............
Unspecified Worldwide Locations ....................
$30,000,000 
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(2), the Secretary of the Army may acquire real property 
and carry out military construction projects for the Army Reserve 
locations inside the United States, and in the amounts, set forth 
in the following table: 
Army Reserve: Inside the United States 
State 
Location 
Amount 
California .....................
Camp Pendleton ......................................
$19,500,000 
Los Angeles ..............................................
$29,000,000 
Colorado 
Colorado Springs .....................................
$13,000,000 
Connecticut .................
Bridgeport ................................................
$18,500,000 
Florida .........................
Panama City ............................................
$7,300,000 
West Palm Beach .....................................
$26,000,000 
Georgia ........................
Atlanta ......................................................
$14,000,000 
Illinois ..........................
Chicago .....................................................
$23,000,000 
Minnesota ....................
Fort Snelling ............................................
$12,000,000 
New York .....................
Rochester ..................................................
$13,600,000 
Ohio .............................
Cincinnati .................................................
$13,000,000 
Pennsylvania ...............
Ashley .......................................................
$9,800,000 
Harrisburg ................................................
$7,600,000 
Newton Square ........................................
$20,000,000 
Uniontown ................................................
$11,800,000 
Texas ............................
Austin .......................................................
$20,000,000 
Bryan ........................................................
$12,200,000 
Fort Bliss ..................................................
$9,500,000 
Houston ....................................................
$24,000,000 
Robstown ..................................................
$10,200,000 
San Antonio ..............................................
$20,000,000
H. R. 2647—462 
Navy Reserve and Marine Corps Reserve 
Location 
Location or Installation 
Amount 
Worldwide Unspecified ............
Unspecified Worldwide Locations ....................
$55,000,000 
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(4), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for the Air National 
Guard locations, and in the amounts, set forth in the following 
table: 
Air National Guard 
State 
Location 
Amount 
Arizona .....................................
Davis-Monthan Air Force Base ........................
$5,600,000 
California ..................................
Fresno Yosemite International Airport ...........
$9,800,000 
South California Logistics Airport ..................
$8,400,000 
Colorado ....................................
Buckley Air National Guard Base ...................
$4,500,000 
Connecticut ..............................
Bradley International Airport ..........................
$9,000,000 
Hawaii ......................................
Hickam Air Force Base ....................................
$33,000,000 
Illinois .......................................
Lincoln Capital Airport ....................................
$3,000,000 
Iowa ..........................................
Des Moines ........................................................
$4,600,000 
Kansas ......................................
McConnell Air Force Base ................................
$8,700,000 
Maine ........................................
Bangor International Airport ...........................
$28,000,000 
Maryland ..................................
Andrews Air Force Base ...................................
$14,000,000 
Massachusetts ..........................
Barnes Air National Guard Base ....................
$8,100,000 
Otis Air National Guard Base .........................
$12,800,000 
Michigan ...................................
Alpena Combat Readiness Training Center ...
$8,900,000 
Battle Creek Air National Guard Base ...........
$14,000,000 
Selfridge Air National Guard Base .................
$7,100,000 
Minnesota .................................
Minnesota/St. 
Paul 
International 
Airport 
133rd Airlift Wing Base.
$1,900,000 
Mississippi ................................
Gulfport-Biloxi Regional Airport .....................
$6,500,000 
Missouri ....................................
Rosecrans Memorial Airport ............................
$9,300,000 
Nebraska ..................................
Lincoln Municipal Airport ................................
$1,500,000 
Nevada ......................................
Reno ...................................................................
$10,800,000 
New Hampshire .......................
Pease Air National Guard Base .......................
$10,000,000 
New Jersey ...............................
McGuire Air Force Base ...................................
$9,700,000 
New York ..................................
Wheeler Sack Army Airfield ............................
$2,700,000 
Ohio ..........................................
Mansfield Lahm Airport ...................................
$11,400,000 
Oklahoma .................................
Will Rogers World Airport ...............................
$7,300,000 
South Carolina .........................
McEntire Joint Air National Guard Base .......
$1,300,000 
South Dakota ...........................
Joe Foss Field ....................................................
$2,600,000 
Tennessee .................................
Memphis, 164th Airlift Wing ...........................
$9,800,000 
Texas .........................................
Kelly Field Annex .............................................
$7,900,000 
Vermont ....................................
Burlington International Airport .....................
$6,000,000 
West Virginia ...........................
Martinsburg .......................................................
$19,500,000 
Wisconsin .................................
General Mitchell International Airport ..........
$5,000,000 
Wyoming ...................................
Cheyenne Airport ..............................................
$1,500,000 
(b) UNSPECIFIED
WORLDWIDE.—Using the amounts appro-
priated pursuant to the authorization of appropriations in section 
2606(a)(4), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for unspecified installa-
tions or locations in the amounts set forth in the following table:
H. R. 2647—463 
Air National Guard 
Location 
Location or Installation 
Amount 
Worldwide Unspecified ............
Unspecified Worldwide Locations ....................
$30,000,000 
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2606(a)(5), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for the Air Force 
Reserve locations, and in the amounts, set forth in the following 
table: 
Air Force Reserve 
State 
Location 
Amount 
California ..................................
March Air Reserve Base ...................................
$9,800,000 
Colorado ....................................
Schriever Air Force Base ..................................
$10,200,000 
Mississippi ................................
Keesler Air Force Base .....................................
$9,800,000 
New York ..................................
Niagara Falls Air Reserve Station ..................
$5,700,000 
Pennsylvania ............................
Pittsburgh Air Force Base ................................
$12,400,000 
Texas .........................................
Lackland Air Force Base ..................................
$1,500,000 
Utah ..........................................
Hill Air Force Base ...........................................
$3,200,000 
(b) UNSPECIFIED
WORLDWIDE.—Using the amounts appro-
priated pursuant to the authorization of appropriations in section 
2606(a)(5), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for unspecified installa-
tions or locations in the amounts set forth in the following table: 
Air Force Reserve 
Location 
Location or Installation 
Amount 
Worldwide Unspecified ............
Unspecified Worldwide Locations ....................
$55,000,000 
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 
AND RESERVE. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2009, for 
the costs of acquisition, architectural and engineering services, and 
construction of facilities for the Guard and Reserve Forces, and 
for contributions therefor, under chapter 1803 of title 10, United 
States Code (including the cost of acquisition of land for those 
facilities), in the following amounts: 
(1) For the Department of the Army, for the Army National 
Guard of the United States, $582,056,000. 
(2) For the Department of the Army, for the Army Reserve, 
$431,566,000. 
(3) For the Department of the Navy, for the Navy and 
Marine Corps Reserve, $125,874,000. 
(4) For the Department of the Air Force, for the Air 
National Guard of the United States, $364,226,000. 
(5) For the Department of the Air Force, for the Air Force 
Reserve, $112,269,000.
H. R. 2647—464 
(b) LIMITATION ON IMPLEMENTATION OF PROJECTS AT CERTAIN 
UNSPECIFIED WORLDWIDE LOCATIONS.—The Secretary of the mili-
tary department concerned may not enter into an award of a project 
at an unspecified worldwide location authorized under section 
2601(c), 2602(c), 2603(b), 2604(b), or 2605(b) until the Secretary 
submits to the congressional defense committees a report that 
includes the following: 
(1) Within the amounts authorized to be appropriated 
under the applicable paragraph of subsection (a), a list of the 
proposed projects. 
(2) A Military Construction Data Sheet for each project. 
(3) A certification that the projects can be awarded in 
the year for which the appropriation of funds is made. 
(4) A certification that the projects are listed in the current 
Future Years Defense Program for the reserve component 
involved. 
SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2007 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109–364; 120 Stat. 2463), the authorizations set 
forth in the table in subsection (b), as provided in section 2601 
of that Act, shall remain in effect until October 1, 2010, or the 
date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2011, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Army National Guard: Extension of 2007 Project 
Authorizations 
State 
Installation or 
Location 
Project 
Amount 
California ............
Fresno ................
AVCRAD Add/ 
Alt, PH I.
$30,000,000 
New Jersey .........
Lakehurst ..........
Consolidated Lo-
gistics Train-
ing Facility, 
PH II.
$20,024,000 
SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2006 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3501), the authorization set forth 
in the table in subsection (b), as provided in section 2601 of that 
Act (119 Stat. 3501) and extended by section 2608 of the Military 
Construction Authorization Act for Fiscal Year 2009 (division B 
of Public Law 110–417; 122 Stat. 4710), shall remain in effect 
until October 1, 2010, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 2011, 
whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows:
H. R. 2647—465 
Army National Guard: Extension of 2006 Project 
Authorization 
State 
Installation or 
Location 
Project 
Amount 
Montana .............
Townsend ..........
Automated 
Qualification 
Training 
Range.
$2,532,000 
TITLE XXVII—BASE CLOSURE AND 
REALIGNMENT ACTIVITIES 
Subtitle A—Authorizations 
Sec. 2701. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 1990. 
Sec. 2702. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 2005. 
Subtitle B—Other Matters 
Sec. 2711. Relocation of certain Army Reserve units in Connecticut. 
Sec. 2712. Authority to construct Armed Forces Reserve Center in vicinity of Pease 
Air National Guard Base, New Hampshire. 
Sec. 2713. Sense of Congress on ensuring joint basing recommendations do not ad-
versely affect operational readiness. 
Sec. 2714. Requirements related to providing world class military medical facilities 
in the National Capital Region. 
Sec. 2715. Use of economic development conveyances to implement base closure 
and realignment property recommendations. 
Subtitle A—Authorizations 
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 
AND 
REALIGNMENT 
ACTIVITIES 
FUNDED 
THROUGH 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
1990. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for base closure and realign-
ment activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) and funded through the Department 
of Defense Base Closure Account 1990 established by section 2906 
of such Act, in the total amount of $496,768,000, as follows: 
(1) For the Department of the Army, $138,723,000. 
(2) For the Department of the Navy, $228,000,000. 
(3) For the Department of the Air Force, $127,364,000. 
(4) For the Defense Agencies, $2,681,000. 
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVI-
TIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 
CLOSURE ACCOUNT 2005. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2703, the Secretary of Defense may carry
H. R. 2647—466 
out base closure and realignment activities, including real property 
acquisition and military construction projects, as authorized by 
the Defense Base Closure and Realignment Act of 1990 (part A 
of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 
funded through the Department of Defense Base Closure Account 
2005 established by section 2906A of such Act, in the amount 
of $5,934,740,000. 
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 
AND 
REALIGNMENT 
ACTIVITIES 
FUNDED 
THROUGH 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
2005. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for base closure and realign-
ment activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) and funded through the Department 
of Defense Base Closure Account 2005 established by section 2906A 
of such Act, in the total amount of $7,455,498,000, as follows: 
(1) For the Department of the Army, $4,057,037,000. 
(2) For the Department of the Navy, $591,572,000. 
(3) For the Department of the Air Force, $418,260,000. 
(4) For the Defense Agencies, $2,388,629,000. 
Subtitle B—Other Matters 
SEC. 2711. RELOCATION OF CERTAIN ARMY RESERVE UNITS IN CON-
NECTICUT. 
The Secretary of the Army may use funds appropriated pursu-
ant to the authorization of appropriations in section 2703 for the 
purpose of constructing an Army Reserve Center and Maintenance 
Facility in the vicinity of Newtown, Connecticut, at a location deter-
mined by the Secretary to be in the best interest of national security 
and in the public interest. 
SEC. 2712. AUTHORITY TO CONSTRUCT ARMED FORCES RESERVE 
CENTER IN VICINITY OF PEASE AIR NATIONAL GUARD 
BASE, NEW HAMPSHIRE. 
The Secretary of the Army may use funds appropriated pursu-
ant to the authorization of appropriations in section 2703 of the 
Military Construction Authorization Act for Fiscal Year 2009 (divi-
sion B of Public Law 110–417; 122 Stat. 4715) for the purpose 
of constructing an Armed Forces Reserve Center at Pease Air 
National Guard Base, New Hampshire, to construct instead an 
Armed Forces Reserve Center in the vicinity of Pease Air National 
Guard Base at a location determined by the Secretary to be in 
the best interest of national security and in the public interest. 
SEC. 2713. SENSE OF CONGRESS ON ENSURING JOINT BASING REC-
OMMENDATIONS DO NOT ADVERSELY AFFECT OPER-
ATIONAL READINESS. 
It is the sense of Congress that, in implementing the joint 
basing recommendations of the Defense Base Closure and Realign-
ment Commission contained in the report of the Commission trans-
mitted to Congress on September 15, 2005, under section 2903(e) 
of the Defense Base Closure and Realignment Act of 1990 (part
H. R. 2647—467 
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), 
the Secretary of Defense should ensure that the joint basing of 
military installations at any of the recommended locations does 
not adversely impact— 
(1) the ability of commanders, and the units of the Armed 
Forces under their command, to perform their operational mis-
sions; 
(2) the command and control of commanders at each mili-
tary installation that has an operational mission requirement; 
and 
(3) the readiness of the units of the Armed Forces under 
their command. 
SEC. 2714. REQUIREMENTS RELATED TO PROVIDING WORLD CLASS 
MILITARY MEDICAL FACILITIES IN THE NATIONAL CAP-
ITAL REGION. 
(a) MASTER PLAN REQUIRED.—Not later than March 31, 2010, 
the Secretary of Defense shall develop and implement a comprehen-
sive master plan to provide sufficient world class military medical 
facilities and an integrated system of health care delivery for the 
National Capital Region that— 
(1) addresses— 
(A) the unique needs of members of the Armed Forces 
and retired members of the Armed Forces and their fami-
lies; 
(B) the care, management, and transition of seriously 
ill and injured members of the Armed Forces and their 
families; 
(C) the missions of the branch or branches of the 
Armed Forces served; and 
(D) performance expectations for the future integrated 
health care delivery system, including— 
(i) information management and information tech-
nology support; and 
(ii) expansion of support services; 
(2) delineates the process for the development of budgets, 
prioritization of requirements, and the allocation of funds; 
(3) delineates budget and operational authority to provide 
and operate world class military medical facilities in the 
National Capital Region; 
(4) incorporates all ancillary and support facilities at the 
National Naval Medical Center, Bethesda, Maryland, including 
education and research facilities as well as centers of excellence, 
transportation, and parking structures required to provide a 
full range of adequate care and services for members of the 
Armed Forces and their families; 
(5) incorporates a facilities needs assessment, including 
an assessment of standards for patient rooms, and provides 
a program to meet the facility requirements; 
(6) specifies the personnel authorizations and personnel 
systems required to provide and operate a world class military 
medical facility; 
(7) can be used as a basis to develop similar master plans 
for other military medical facilities of the Department of 
Defense; and 
(8) includes a community development plan that incor-
porates multiple options to alleviate traffic congestion related
H. R. 2647—468 
to the expansion of the National Naval Medical Center and 
Fort Belvoir Community Hospital, including a review of 
options— 
(A) to expand adjacent highways; 
(B) improvements to nearby intersections; 
(C) on-facility site queuing; and 
(D) multimodal expansion that could include expanded 
support for buses and subways. 
(b) SUBMISSION OF MASTER PLAN AND RELATED MATERIALS.— 
Not later than March 31, 2010, the Secretary of Defense shall 
submit to the congressional defense committees a report con-
taining— 
(1) the master plan developed under subsection (a); 
(2) the certification of the Secretary that the requirements 
specified in paragraphs (1), (2), and (3) of section 1650(a) of 
the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 475) remain satisfied and 
accurate; 
(3) the certification of the Secretary that the master plan 
ensures that each facility covered by the plan meets or exceeds 
applicable Joint Commission hospital design standards; and 
(4) an assessment of the risks and benefits to patient 
care associated with completing the realignment of Walter Reed 
National Military Medical Center by the statutory deadline 
imposed for implementation of the recommendations contained 
in the report of the Defense Base Closure and Realignment 
Commission transmitted to Congress on September 15, 2005. 
(c) SUBMISSION
OF MILESTONE SCHEDULE
AND COST ESTI-
MATES.—Not later than June 30, 2010, the Secretary of Defense 
shall submit to the congressional defense committees a report 
describing— 
(1) the schedule for completion of requirements identified 
in the master plan developed under subsection (a); and 
(2) updated cost estimates to provide world class military 
medical facilities for the National Capital Region. 
(d) SENSE OF CONGRESS REGARDING TRAFFIC MITIGATION IN 
VICINITY OF NATIONAL NAVAL MEDICAL CENTER.—Given the antici-
pated significant increases in local traffic in the vicinity of the 
National Naval Medical Center, and the unusual impact that such 
traffic increases will have on the surrounding community due to 
the planned expansion of the installation, it is the sense of Congress 
that— 
(1) multiple methods are available to the Department of 
Defense to implement the defense access roads program (section 
210 of title 23, United States Code) to help alleviate traffic 
congestion, including expansion of adjacent highways, improve-
ments to nearby intersections, on-base queuing options, and 
multi-modal expansion, including expanded support of buses 
and subways and other measures; and 
(2) all of the efforts to alleviate the significant traffic impact 
need to be pursued to ensure readily available access to health 
care at the installation. 
(e) DEFINITIONS.—In this section: 
(1) NATIONAL CAPITAL REGION.—The term ‘‘National Capital 
Region’’ has the meaning given the term in section 2674(f) 
of title 10, United States Code.
H. R. 2647—469 
(2) WORLD CLASS MILITARY MEDICAL FACILITY.—The term 
‘‘world class military medical facility’’ has the meaning given 
the term by the National Capital Region Base Realignment 
and Closure Health Systems Advisory Subcommittee of the 
Defense Health Board in appendix B of the report entitled 
‘‘Achieving World Class – An Independent Review of the Design 
Plans for the Walter Reed National Military Medical Center 
and the Fort Belvoir Community Hospital’’, published in May, 
2009. 
SEC. 2715. USE OF ECONOMIC DEVELOPMENT CONVEYANCES TO 
IMPLEMENT BASE CLOSURE AND REALIGNMENT PROP-
ERTY RECOMMENDATIONS. 
(a) ECONOMIC REDEVELOPMENT CONVEYANCE AUTHORITY.—Sec-
tion 2905(b)(4) of the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 
2687 note) is amended— 
(1) in subparagraph (B), by striking the matter preceding 
clause (i) of such subparagraph and inserting the following: 
‘‘(B) The transfer of property located at a military installation 
under subparagraph (A) may be for consideration at or below the 
estimated fair market value or without consideration. The deter-
mination of such consideration may account for the economic condi-
tions of the local affected community and the estimated costs to 
redevelop the property. The Secretary may accept, as consideration, 
a share of the revenues that the redevelopment authority receives 
from third-party buyers or lessees from sales and long-term leases 
of the conveyed property, consideration in kind (including goods 
and services), real property and improvements, or such other consid-
eration as the Secretary considers appropriate. The transfer of 
property located at a military installation under subparagraph (A) 
may be made for consideration below the estimated fair market 
value or without consideration only if the redevelopment authority 
with respect to the installation—’’; and 
(2) in subparagraph (C), by striking ‘‘subparagraph (B)’’ 
and inserting ‘‘subparagraph (B)(i)’’. 
(b) REPORT CONCERNING PROPERTY CONVEYANCES.—Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to Congress a report regarding 
the status of current and anticipated economic development convey-
ances involving surplus real and personal property at closed or 
realigned military installations, projected job creation as a result 
of the conveyances, community reinvestment, and the progress made 
as a result of the implementation of the amendments made by 
subsection (a). 
TITLE XXVIII—MILITARY 
CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing Changes 
Sec. 2801. Modification of unspecified minor construction authorities. 
Sec. 2802. Congressional notification of facility repair projects carried out using op-
eration and maintenance funds. 
Sec. 2803. Modification of authority for scope of work variations. 
Sec. 2804. Modification of conveyance authority at military installations. 
Sec. 2805. Imposition of requirement that acquisition of reserve component facili-
ties be authorized by law.
H. R. 2647—470 
Sec. 2806. Authority to use operation and maintenance funds for construction 
projects inside the United States Central Command area of responsi-
bility. 
Sec. 2807. Expansion of First Sergeants Barracks Initiative. 
Sec. 2808. Reports on privatization initiatives for military unaccompanied housing. 
Sec. 2809. Report on Department of Defense contributions to States for acquisition, 
construction, expansion, rehabilitation, or conversion of reserve compo-
nent facilities. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2821. Modification of utility systems conveyance authority. 
Sec. 2822. Report on global defense posture realignment and interagency review. 
Sec. 2823. Property and facilities management of the Armed Forces Retirement 
Home. 
Sec. 2824. Acceptance of contributions to support cleanup efforts at former Alma-
den Air Force Station, California. 
Sec. 2825. Selection of military installations to serve as locations of brigade combat 
teams. 
Sec. 2826. Report on Federal assistance to support communities adversely impacted 
by expansion of military installations. 
Subtitle C—Provisions Related to Guam Realignment 
Sec. 2831. Role of Department of Defense in management and coordination of De-
fense activities relating to Guam realignment. 
Sec. 2832. Clarifications regarding use of special purpose entities to assist with 
Guam realignment. 
Sec. 2833. Workforce issues related to military construction and certain other 
transactions on Guam. 
Sec. 2834. Composition of workforce for construction projects funded through the 
Support for United States Relocation to Guam Account. 
Sec. 2835. Interagency Coordination Group of Inspectors General for Guam Re-
alignment. 
Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on ac-
ceptance of replacement facility for Marine Corps Air Station, Futenma, 
Okinawa. 
Sec. 2837. Report and sense of Congress on Marine Corps requirements in Asia-Pa-
cific region. 
Subtitle D—Energy Security 
Sec. 2841. Adoption of unified energy monitoring and utility control system speci-
fication for military construction and military family housing activities. 
Sec. 2842. Department of Defense goal regarding use of renewable energy sources 
to meet facility energy needs. 
Sec. 2843. Department of Defense participation in programs for management of en-
ergy demand or reduction of energy usage during peak periods. 
Sec. 2844. Department of Defense use of electric and hybrid motor vehicles. 
Sec. 2845. Study on development of nuclear power plants on military installations. 
Sec. 2846. Comptroller General report on Department of Defense renewable energy 
initiatives, including solar initiatives, on military installations. 
Subtitle E—Land Conveyances 
Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska. 
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. 
Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, 
California. 
Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval Facility 
to City of Ferndale, California. 
Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii. 
Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui 
areas, Pearl Harbor, Hawaii. 
Sec. 2857. Modification of land conveyance, former Griffiss Air Force Base, New 
York. 
Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. 
Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota. 
Sec. 2860. Land conveyance, Lackland Air Force Base, Texas. 
Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia. 
Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, Washington. 
Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming. 
Subtitle F—Other Matters 
Sec. 2871. Revised authority to establish national monument to honor United 
States Armed Forces working dog teams.
H. R. 2647—471 
Sec. 2872. National D–Day Memorial study. 
Sec. 2873. Conditions on establishment of Cooperative Security Location in 
Palanquero, Colombia. 
Sec. 2874. Military activities at United States Marine Corps Mountain Warfare 
Training Center. 
Subtitle A—Military Construction Program 
and Military Family Housing Changes 
SEC. 2801. MODIFICATION OF UNSPECIFIED MINOR CONSTRUCTION 
AUTHORITIES. 
(a) REPEAL OF LIMITATIONS ON EXERCISE-RELATED PROJECTS 
OVERSEAS.— 
(1) AUTHORITY TO CARRY OUT PROJECTS.—Subsection (a) 
of section 2805 of title 10, United States Code, is amended— 
(A) by striking ‘‘Except as provided in paragraph (2), 
within’’ and inserting ‘‘Within’’; 
(B) by striking paragraph (2); and 
(C) by striking ‘‘An unspecified’’ and inserting the fol-
lowing: 
‘‘(2) An unspecified’’. 
(2) USE
OF
OPERATION
AND
MAINTENANCE
FUNDS.—Sub-
section (c) of such section is amended— 
(A) by striking ‘‘Except as provided in paragraphs (2) 
and (3)’’ and inserting ‘‘Except as provided in paragraph 
(2)’’; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as paragraph (2). 
(3) CONFORMING AMENDMENT.—Section 2806(c)(1) of such 
title is amended by striking ‘‘section 2805(a)(2)’’ and inserting 
‘‘section 2805(a)’’. 
(b) LABORATORY REVITALIZATION AUTHORIZED.—Section 2805(d) 
of such title is amended— 
(1) in paragraph (1)(B), by inserting ‘‘or from funds author-
ized to be made available under section 219(a) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 10 U.S.C. 2358 note)’’ after ‘‘author-
ized by law’’; 
(2) by striking paragraph (3); and 
(3) by redesignating paragraphs (4), (5), and (6) as para-
graphs (3), (4), and (5), respectively. 
(c) MECHANISMS TO PROVIDE FUNDS FOR LABORATORY REVITAL-
IZATION.— 
(1) ADDITIONAL PURPOSE.—Subsection (a)(1) of section 219 
of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note) 
is amended by adding at the end the following new subpara-
graph: 
‘‘(D) To fund the revitalization and recapitalization 
of the laboratory pursuant to section 2805(d) of title 10, 
United States Code.’’. 
(2) MODIFICATION
OF
REPORTING
REQUIREMENTS.—Sub-
section (b) of such section is amended— 
(A) by striking paragraph (2); and 
(B) by striking ‘‘AUTHORITY’’ and all that follows 
through ‘‘Not’’ and inserting ‘‘AUTHORITY.—Not’’.
H. R. 2647—473 
(B) by striking paragraph (3); 
(2) in subsection (b), by striking ‘‘fair market value of 
the military construction, military family housing, or military 
unaccompanied housing’’ both places it appears and inserting 
‘‘fair market value of the land’’; 
(3) by striking subsection (c) and inserting the following 
new subsection: 
‘‘(c) LIMITATION
ON
USE
OF
CONVEYANCE
AUTHORITY
AT 
INSTALLATIONS
CLOSED
UNDER
BASE
CLOSURE
LAWS.—The 
authority under subsection (a)(2)(A) to convey property located on 
a military installation may only be used to the extent the convey-
ance is consistent with an approved redevelopment plan for such 
installation.’’; and 
(4) in subsection (d)(2)(A), by striking ‘‘military construction 
project, land acquisition, military family housing, or military 
unaccompanied housing’’ both places it appears and inserting 
‘‘land acquisition’’. 
(b) REQUIREMENT TO DEPOSIT FUNDS IN FOREIGN CURRENCY 
FLUCTUATIONS, CONSTRUCTION, DEFENSE ACCOUNT.—Subsection (e) 
of such section is amended by striking ‘‘(1) Except as provided 
in paragraph (2), the Secretary concerned may deposit funds’’ and 
all that follows through ‘‘funds deposited under paragraph (2) shall 
be available’’ in paragraph (3) and inserting ‘‘The Secretary con-
cerned shall deposit funds received under subsection (b) in the 
appropriation 
‘Foreign 
Currency 
Fluctuations, 
Construction, 
Defense’. The funds deposited shall be available’’. 
(c) ELIMINATION OF ANNUAL REPORT REQUIREMENT; SUNSET.— 
Subsection (f) of such section is amended to read as follows: 
‘‘(f) SUNSET.—The authority to enter into an agreement under 
this section shall expire on September 30, 2013.’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 2869. Conveyance of property at military installations to 
limit encroachment’’. 
(2) TABLE OF SECTIONS.—The item relating to such section 
in the table of sections at the beginning of chapter 169 of 
such title is amended to read as follows: 
‘‘2869. Conveyance of property at military installations to limit encroachment.’’. 
SEC. 2805. IMPOSITION OF REQUIREMENT THAT ACQUISITION OF 
RESERVE COMPONENT FACILITIES BE AUTHORIZED BY 
LAW. 
Section 18233(a)(1) of title 10, United States Code, is amended 
by striking ‘‘as he determines to be necessary’’ and inserting ‘‘as 
are authorized by law’’. 
SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS 
FOR CONSTRUCTION PROJECTS INSIDE THE UNITED 
STATES CENTRAL COMMAND AREA OF RESPONSIBILITY. 
(a) ONE-YEAR EXTENSION OF AUTHORITY.—Section 2808 of the 
Military Construction Authorization Act for Fiscal Year 2004 (divi-
sion B of Public Law 108–136; 117 Stat. 1723), as most recently 
amended by section 2806 of the Military Construction Authorization 
Act for Fiscal Year 2009 (division B of Public Law 110–417; 112 
Stat. 4724), is amended—
H. R. 2647—474 
(1) in subsection (a), by striking ‘‘During fiscal year 2004’’ 
and all that follows through ‘‘obligate’’ and inserting ‘‘The Sec-
retary of Defense may obligate’’; and 
(2) by adding at the end the following new subsection: 
‘‘(h) EXPIRATION
OF AUTHORITY.—The authority to obligate 
funds under this section expires on the later of— 
‘‘(1) September 30, 2010; or 
‘‘(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2011.’’. 
(b) GEOGRAPHIC AREA OF AUTHORITY.—Subsection (a) of such 
section is further amended by striking ‘‘and United States Africa 
Command areas of responsibility’’ and inserting ‘‘area of responsi-
bility’’. 
(c) ANNUAL FUNDING LIMITATION ON USE OF AUTHORITY; EXCEP-
TION.—Subsection (c) of such section is amended— 
(1) in paragraph (2)— 
(A) in the first sentence, by inserting ‘‘for fiscal year 
2010’’ after ‘‘operation and maintenance’’ ; and 
(B) in the second sentence, by striking ‘‘fiscal year 
2009’’ and inserting ‘‘that fiscal year’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) Notwithstanding paragraph (1), the Secretary of Defense 
may authorize the obligation under this section of not more than 
an additional $10,000,000 of appropriated funds available for oper-
ation and maintenance for a fiscal year if the Secretary determines 
that the additional funds are needed for costs associated with 
contract closeouts. Funds obligated under this paragraph are not 
subject to the limitation in the second sentence of paragraph (2).’’. 
(d) CLERICAL
AMENDMENT
TO
CORRECT
REFERENCE
TO 
CONGRESSIONAL COMMITTEE.—Subsection (f) of such section is 
amended by striking ‘‘Subcommittees on Defense and Military 
Construction’’ both places it appears and inserting ‘‘Subcommittee 
on Defense and the Subcommittee on Military Construction, Vet-
erans Affairs, and Related Agencies’’. 
SEC. 2807. EXPANSION OF FIRST SERGEANTS BARRACKS INITIATIVE. 
(a) EXPANSION OF INITIATIVE.—Not later than September 30, 
2011, the Secretary of the Army shall expand the First Sergeants 
Barracks Initiative (FSBI) to include all Army installations in order 
to improve the quality of life and living environments for single 
soldiers. 
(b) PROGRESS REPORTS.—Not later than February 15, 2010, 
and February 15, 2011, the Secretary of the Army shall submit 
to the congressional defense committees a report describing the 
progress made in expanding the First Sergeants Barracks Initiative 
to all Army installations. 
SEC. 2808. REPORTS ON PRIVATIZATION INITIATIVES FOR MILITARY 
UNACCOMPANIED HOUSING. 
(a) SECRETARY OF DEFENSE REPORT.—Not later than March 
31, 2010, the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report containing— 
(1) an evaluation of the process by which the Secretary 
develops, implements, and oversees housing privatization trans-
actions involving military unaccompanied housing;
H. R. 2647—475 
(2) recommendations regarding additional opportunities for 
members of the Armed Forces to utilize housing privatization 
transactions involving military unaccompanied housing; 
(3) an evaluation of the impact of a prohibition on civilian 
occupancy of such housing on the ability to secure private 
partners for such housing privatization transactions; and 
(4) the Secretary’s assessment of the feasibility and cost 
of privatizing military unaccompanied housing for all members 
of the Armed Forces. 
(b) COMPTROLLER GENERAL REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the Secretary 
of Defense submits the report under subsection (a), the Comp-
troller General of the United States shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report evaluating such report. The report of 
the Comptroller General shall include the Comptroller Gen-
eral’s assessment of the process used by the Secretary in pre-
paring the report under subsection (a) and the Comptroller 
General’s assessment of the extent to which such report 
addresses the elements required under subsection (a). 
(2) INDEPENDENT
RESEARCH.—The Comptroller General 
may conduct such independent research and make such inde-
pendent findings and recommendations as the Comptroller Gen-
eral determines appropriate for purposes of the report sub-
mitted under this subsection. 
(c) HOUSING PRIVATIZATION TRANSACTION DEFINED.—In this 
section, the term ‘‘housing privatization transaction’’ means any 
contract or other transaction for the construction or acquisition 
of military unaccompanied housing entered into under the authority 
of subchapter IV of chapter 169 of title 10, United States Code. 
SEC. 2809. REPORT ON DEPARTMENT OF DEFENSE CONTRIBUTIONS 
TO STATES FOR ACQUISITION, CONSTRUCTION, EXPAN-
SION, REHABILITATION, OR CONVERSION OF RESERVE 
COMPONENT FACILITIES. 
(a) REPORT REQUIRED.—Not later than March 1, 2010, the 
Secretary of Defense shall submit to the congressional defense 
committees a report specifying, for each of fiscal years 2005 through 
2009, the total amount of contributions by project made by the 
Secretary to each State under the authority of paragraphs (2) 
through (6) of section 18233(a) of title 10, United States Code, 
for reserve component facilities. The amounts contributed under 
each of such paragraphs for each State shall be specified separately. 
(b) DEFINITIONS.—In this section, the terms ‘‘State’’ and 
‘‘facility’’ have the meanings given those terms in section 18232 
of such title. 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 
2821. 
MODIFICATION 
OF 
UTILITY 
SYSTEMS 
CONVEYANCE 
AUTHORITY. 
(a) CLARIFICATION OF REQUIRED DETERMINATION THAT CONVEY-
ANCE REDUCE LONG-TERM COSTS.—Paragraph (2)(A)(ii) of subsection 
(a) of section 2688 of title 10, United States Code, is amended 
by striking ‘‘system; and’’ and inserting the following: ‘‘system by
H. R. 2647—476 
10 percent of the long-term cost for provision of those utility services 
in the agency tender; and’’. 
(b) LIMITATION ON REPEATED USE OF AUTHORITY FOR SAME 
UTILITY SYSTEM.—Such subsection is further amended by adding 
at the end the following new paragraph: 
‘‘(3)(A) If, as a result of the economic analysis required by 
paragraph (2)(A), the Secretary concerned determines that a utility 
system, or part of a utility system, is not eligible for conveyance 
under this subsection, the Secretary concerned may not further 
reconsider the utility system, or part of a utility system, for conver-
sion to contractor operation under section 2461 of this title for 
a period of five years beginning on the date of the determination. 
‘‘(B) If the results of a public-private competition for conversion 
of a utility system, or part of a utility system, to operation by 
a contractor favors continued operation by civilian employees of 
the Department of Defense, the Secretary concerned may not 
reconsider the utility system, or part of a utility system, for conver-
sion under section 2461 of this title or for conveyance under this 
subsection for a period of five years beginning on the date of 
the completion of the public-private competition.’’. 
SEC. 2822. REPORT ON GLOBAL DEFENSE POSTURE REALIGNMENT 
AND INTERAGENCY REVIEW. 
(a) ANNUAL REVIEW OF OVERSEAS BASE CLOSURE AND REALIGN-
MENT ACTIONS AND BASING MASTER PLANS.— 
(1) IN GENERAL.—Chapter 159 of title 10, United States 
Code, is amended by inserting after section 2687 the following 
new section: 
‘‘§ 2687a. Overseas base closures and realignments and 
basing master plans 
‘‘(a) ANNUAL STATUS REPORT.—At the same time that the 
budget is submitted under section 1105(a) of title 31for a fiscal 
year, the Secretary of Defense shall submit to the congressional 
defense committees and the Committee on Foreign relations of 
the Senate and the Committee on Foreign Affairs of the House 
of Representatives a report on— 
‘‘(1) the status of overseas base closure and realignment 
actions undertaken as part of a global defense posture realign-
ment strategy; and 
‘‘(2) the status of development and execution of comprehen-
sive master plans for overseas military main operating bases, 
forward operating sites, and cooperative security locations. 
‘‘(b) REPORT ELEMENTS.—A report under subsection (a) shall 
address the following: 
‘‘(1) How the master plans described in subsection (a)(2) 
would support the security commitments undertaken by the 
United States pursuant to any international security treaty, 
including, the North Atlantic Treaty, The Treaty of Mutual 
Cooperation and Security between the United States and Japan, 
and the Security Treaty Between Australia, New Zealand, and 
the United States of America. 
‘‘(2) The impact of such plans on the current security 
environments in the combatant commands, including United 
States participation in theater security cooperation activities 
and bilateral partnership, exchanges, and training exercises.