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‘‘SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO 
PROGRAMMING 
NOT 
SPECIFICALLY 
BLOCKABLE BY ELECTRONIC MEANS. 
‘‘(a) UNLAWFUL DISTRIBUTION.—It shall be unlawful 
for any person to distribute to the public any violent video 
programming not blockable by electronic means specifically 
on the basis of its violent content during hours when chil-
dren are reasonably likely to comprise a substantial portion 
of the audience. 
‘‘(b) RULEMAKING PROCEEDING.—The Commission 
shall conduct a rulemaking proceeding to implement the 
provisions of this section and shall promulgate final regula-
tions pursuant to that proceeding not later than 9 months 
after the date of enactment of the Children’s Protection from 
Violent Programming Act. As part of that proceeding, the 
Commission— 
‘‘(1) may exempt from the prohibition under 
subsection (a) programming (including news pro-
grams and sporting events) whose distribution does 
not conflict with the objective of protecting children 
from the negative influences of violent video program-
ming, as that objective is reflected in the findings in 
section 551(a) of the Telecommunications Act of 1996; 
‘‘(2) shall exempt premium and pay-per-view 
cable programming and premium and pay-per-view 
direct-to-home satellite programming; and
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‘‘(3) shall define the term ‘hours when children 
are reasonably likely to comprise a substantial por-
tion of the audience’ and the term ‘violent video pro-
gramming’. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) FORFEITURE PENALTY.—The forfeiture pen-
alties established by section 503(b) for violations of 
section 1464 of title 18, United States Code, shall 
apply to a violation of this section, or any regulation 
promulgated under it in the same manner as if a vio-
lation of this section, or such a regulation, were a vio-
lation of law subject to a forfeiture penalty under that 
section. 
‘‘(2) LICENSE REVOCATION.—If a person repeat-
edly violates this section or any regulation promul-
gated under this section, the Commission shall, after 
notice and opportunity for hearing, revoke any license 
issued to that person under this Act. 
‘‘(3) LICENSE
RENEWALS.—The Commission 
shall consider, among the elements in its review of an 
application for renewal of a license under this Act, 
whether the licensee has complied with this section 
and the regulations promulgated under this section. 
‘‘(d) DEFINITIONS.—For purposes of this section—
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‘‘(1) BLOCKABLE BY ELECTRONIC MEANS.—The 
term ‘blockable by electronic means’ means blockable 
by the feature described in section 303(x). 
‘‘(2) DISTRIBUTE.—The term ‘distribute’ means 
to send, transmit, retransmit, telecast, broadcast, or 
cablecast, including by wire, microwave, or satellite, 
but it does not include the transmission, retrans-
mission, or receipt of any voice, data, graphics, or 
video telecommunications accessed through an inter-
active computer service as defined in section 230(f)(2) 
of the Communications Act of 1934 (47 U.S.C. 
230(f)(2)), which is not originated or transmitted in 
the ordinary course of business by a television broad-
cast station or multichannel video programming dis-
tributor as defined in section 602(13) of that Act (47 
U.S.C. 522(13)). 
‘‘(3) VIOLENT VIDEO PROGRAMMING.—The term 
‘violent video programming’ as defined by the Com-
mission may include matter that is excessive or gra-
tuitous violence within the meaning of the 1992 
Broadcast Standards for the Depiction of Violence in 
Television Programs, December 1992.’’. 
SEC. 1088. SEPARABILITY. 
If any provision of this title, or any provision of an 
amendment made by this title, or the application thereof
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to particular persons or circumstances, is found to be un-
constitutional, the remainder of this title or that amend-
ment, or the application thereof to other persons or cir-
cumstances shall not be affected. 
SEC. 1089. EFFECTIVE DATE. 
The prohibition contained in section 715 of the Com-
munications Act of 1934 (as added by section 204 of this 
title) and the regulations promulgated thereunder shall take 
effect 1 year after the regulations are adopted by the Com-
mission. 
SEC. 1090. PILOT PROGRAM ON CRYPTOLOGIC SERVICE 
TRAINING. 
(a) PROGRAM AUTHORIZED.—The Director of the Na-
tional Security Agency may carry out a pilot program on 
cryptologic service training for the intelligence community. 
(b) OBJECTIVE OF PROGRAM.—The objective of the 
pilot program is to increase the number of qualified entry- 
level language analysts and intelligence analysts available 
to the National Security Agency and the other elements of 
the intelligence community through the directed prepara-
tion and recruitment of qualified entry-level language ana-
lysts and intelligence analysts who commit to a period of 
service or a career in the intelligence community. 
(c) PROGRAM SCOPE.—The pilot program shall be na-
tional in scope.
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(d) PROGRAM PARTICIPANTS.—(1) Subject to the pro-
visions of this subsection, the Director shall select the par-
ticipants in the pilot program from among individuals 
qualified to participate in the pilot program utilizing such 
procedures as the Director considers appropriate for pur-
poses of the pilot program. 
(2) Each individual who receives financial assistance 
under the pilot program shall perform one year of obligated 
service with the National Security Agency, or another ele-
ment of the intelligence community approved by the Direc-
tor, for each academic year for which such individual re-
ceives such financial assistance upon such individual’s com-
pletion of post-secondary education. 
(3) Each individual selected to participate in the pilot 
program shall be qualified for a security clearance appro-
priate for the individual under the pilot program. 
(4) The total number of participants in the pilot pro-
gram at any one time may not exceed 400 individuals. 
(e) PROGRAM MANAGEMENT.—In carrying out the 
pilot program, the Director shall— 
(1) identify individuals interested in working in 
the intelligence community, and committed to taking 
college-level courses that will better prepare them for 
a career in the intelligence community as a language 
analysts or intelligence analyst;
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(2) provide each individual selected for partici-
pation in the pilot program— 
(A) financial assistance for the pursuit of 
courses at institutions of higher education se-
lected by the Director in fields of study that will 
qualify such individual for employment by an 
element of the intelligence community as a lan-
guage analyst or intelligence analyst; and 
(B) educational counseling on the selection 
of courses to be so pursued; and 
(3) provide each individual so selected informa-
tion on the opportunities available for employment in 
the intelligence community. 
(f) DURATION OF PROGRAM.—(1) The Director shall 
terminate the pilot program not later than six years after 
the date of the enactment of this Act. 
(2) The termination of the pilot program under para-
graph (1) shall not prevent the Director from continuing 
to provide assistance, counseling, and information under 
subsection (e) to individuals who are participating in the 
pilot program on the date of termination of the pilot pro-
gram throughout the academic year in progress as of that 
date.
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SEC. 1091. ENERGY SAVINGS PERFORMANCE CONTRACTS. 
(a) IN GENERAL.—Section 801(c) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8287(c)) is amend-
ed by striking ‘‘2003’’ and inserting ‘‘2005’’. 
(b) PAYMENT OF COSTS.—Section 802 of the National 
Energy Conservation Policy Act (42 U.S.C. 8287a) is 
amended by inserting ‘‘, water, or wastewater treatment’’ 
after ‘‘payment of energy’’. 
(c) ENERGY SAVINGS.—Section 804(2) of the National 
Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is 
amended to read as follows: 
‘‘(2) The term ‘energy savings’ means a reduc-
tion in the cost of energy, water, or wastewater treat-
ment, from a base cost established through a method-
ology set forth in the contract, used in an existing 
federally owned building or buildings or other feder-
ally owned facilities as a result of— 
‘‘(A) the lease or purchase of operating 
equipment, improvements, altered operation and 
maintenance, or technical services; 
‘‘(B) the increased efficient use of existing 
energy sources by cogeneration or heat recovery, 
excluding any cogeneration process for other 
than a federally owned building or buildings or 
other federally owned facilities; or
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‘‘(C) the increased efficient use of existing 
water sources in either interior or exterior appli-
cations.’’. 
(d) ENERGY SAVINGS CONTRACT.—Section 804(3) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8287c(3)) is amended to read as follows: 
‘‘(3) The terms ‘energy savings contract’ and ‘en-
ergy savings performance contract’ mean a contract 
that provides for the performance of services for the 
design, acquisition, installation, testing, and, where 
appropriate, operation, maintenance, and repair, of 
an identified energy or water conservation measure or 
series of measures at 1 or more locations. Such con-
tracts shall, with respect to an agency facility that is 
a public building (as such term is defined in section 
3301 of title 40, United States Code), be in compli-
ance with the prospectus requirements and procedures 
of section 3307 of title 40, United States Code.’’. 
(e) ENERGY OR WATER CONSERVATION MEASURE.— 
Section 804(4) of the National Energy Conservation Policy 
Act (42 U.S.C. 8287c(4)) is amended to read as follows: 
‘‘(4) The term ‘energy or water conservation 
measure’ means— 
‘‘(A) an energy conservation measure, as de-
fined in section 551; or
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‘‘(B) a water conservation measure that im-
proves the efficiency of water use, is life-cycle 
cost-effective, and involves water conservation, 
water recycling or reuse, more efficient treatment 
of wastewater or stormwater, improvements in 
operation or maintenance efficiencies, retrofit ac-
tivities, or other related activities, not at a Fed-
eral hydroelectric facility.’’. 
(f) REVIEW.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Energy shall 
complete a review of the Energy Savings Performance Con-
tract program to identify statutory, regulatory, and admin-
istrative obstacles that prevent Federal agencies from fully 
utilizing the program. In addition, this review shall iden-
tify all areas for increasing program flexibility and effec-
tiveness, including audit and measurement verification re-
quirements, accounting for energy use in determining sav-
ings, contracting requirements, including the identification 
of additional qualified contractors, and energy efficiency 
services covered. The Secretary shall report these findings 
to Congress and shall implement identified administrative 
and regulatory changes to increase program flexibility and 
effectiveness to the extent that such changes are consistent 
with statutory authority.
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(g) EXTENSION OF AUTHORITY.—Any energy savings 
performance contract entered into under section 801 of the 
National Energy Conservation Policy Act (42 U.S.C. 8287) 
after October 1, 2003, and before the date of enactment of 
this Act, shall be deemed to have been entered into pursuant 
to such section 801 as amended by subsection (a) of this 
section. 
SEC. 1092. CLARIFICATION OF FISCAL YEAR 2004 FUNDING 
LEVEL 
FOR 
A 
NATIONAL 
INSTITUTE 
OF 
STANDARDS AND TECHNOLOGY ACCOUNT. 
For the purposes of applying sections 204 and 605 of 
the Departments of Commerce, Justice, and State, the Judi-
ciary, and Related Agencies Appropriations Act, 2004 (di-
vision B of Public Law 108–199) to matters in title II of 
such Act under the heading ‘‘NATIONAL INSTITUTE
OF 
STANDARDS AND TECHNOLOGY’’ (118 Stat.69), in the ac-
count under the heading ‘‘INDUSTRIAL TECHNOLOGY SERV-
ICES’’, the Secretary of Commerce shall make all determina-
tions based on the Industrial Technology Services funding 
level of $218,782,000 for reprogramming and transferring 
of funds for the Manufacturing Extension Partnership pro-
gram and shall submit such a reprogramming or transfer, 
as the case may be, to the appropriate committees within 
30 days after the date of the enactment of this Act.
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SEC. 1093. REPORT ON OFFSET REQUIREMENTS UNDER 
CERTAIN CONTRACTS. 
Section 8138(b) of the Department of Defense Appro-
priations Act, 2004 (Public Law 108–87; 117 Stat. 1106; 
10 U.S.C. 2532 note) is amended by adding at the end the 
following new paragraph: 
‘‘(4) The extent to which any foreign country im-
poses, whether by law or practice, offsets in excess of 
100 percent on United States suppliers of goods or 
services, and the impact of such offsets with respect to 
employment in the United States, sales revenue rel-
ative to the value of such offsets, technology transfer 
of goods that are critical to the national security of 
the United States, and global market share of United 
States companies.’’. 
TITLE XI—DEPARTMENT OF DE-
FENSE CIVILIAN PERSONNEL 
POLICY 
SEC. 1101. SCIENCE, MATHEMATICS, AND RESEARCH FOR 
TRANSFORMATION (SMART) DEFENSE SCHOL-
ARSHIP PILOT PROGRAM. 
(a) REQUIREMENT FOR PROGRAM.—(1) The Secretary 
of Defense shall carry out a pilot program to provide finan-
cial assistance for education in science, mathematics, engi-
neering, and technology skills and disciplines that, as deter-
mined by the Secretary, are critical to the national security
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functions of the Department of Defense and are needed in 
the Department of Defense workforce. 
(2) The pilot program under this section shall be car-
ried out for three years beginning on October 1, 2004. 
(b) SCHOLARSHIPS.—(1) Under the pilot program, the 
Secretary of Defense may award a scholarship in accord-
ance with this section to a person who— 
(A) is a citizen of the United States; 
(B) is pursuing an undergraduate or advanced 
degree in a critical skill or discipline described in 
subsection (a) at an institution of higher education; 
and 
(C) enters into a service agreement with the Sec-
retary of Defense as described in subsection (c). 
(2) The amount of the financial assistance provided 
under a scholarship awarded to a person under this sub-
section shall be the amount determined by the Secretary of 
Defense as being necessary to pay all educational expenses 
incurred by that person, including tuition, fees, cost of 
books, laboratory expenses, and expenses of room and board. 
The expenses paid, however, shall be limited to those edu-
cational expenses normally incurred by students at the in-
stitution of higher education involved.
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(c) SERVICE AGREEMENT FOR RECIPIENTS OF ASSIST-
ANCE.—(1) To receive financial assistance under this sec-
tion— 
(A) in the case of an employee of the Department 
of Defense, the employee shall enter into a written 
agreement to continue in the employment of the de-
partment for the period of obligated service deter-
mined under paragraph (2); and 
(B) in the case of a person not an employee of 
the Department of Defense, the person shall enter into 
a written agreement to accept and continue employ-
ment in the Department of Defense for the period of 
obligated service determined under paragraph (2). 
(2) For the purposes of this subsection, the period of 
obligated service for a recipient of a scholarship under this 
section shall be the period determined by the Secretary of 
Defense as being appropriate to obtain adequate service in 
exchange for the financial assistance provided under the 
scholarship. In no event may the period of service required 
of a recipient be less than the total period of pursuit of 
a degree that is covered by the scholarship. The period of 
obligated service is in addition to any other period for 
which the recipient is obligated to serve in the civil service 
of the United States.
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(3) An agreement entered into under this subsection 
by a person pursuing an academic degree shall include any 
terms and conditions that the Secretary of Defense deter-
mines necessary to protect the interests of the United States 
or otherwise appropriate for carrying out this section. 
(d) REFUND FOR PERIOD OF UNSERVED OBLIGATED 
SERVICE.—(1) A person who voluntarily terminates service 
before the end of the period of obligated service required 
under an agreement entered into under subsection (c) shall 
refund to the United States an amount determined by the 
Secretary of Defense as being appropriate to obtain ade-
quate service in exchange for financial assistance. 
(2) An obligation to reimburse the United States im-
posed under paragraph (1) is for all purposes a debt owed 
to the United States. 
(3) The Secretary of Defense may waive, in whole or 
in part, a refund required under paragraph (1) if the Sec-
retary determines that recovery would be against equity 
and good conscience or would be contrary to the best inter-
ests of the United States. 
(4) A discharge in bankruptcy under title 11, United 
States Code, that is entered less than five years after the 
termination of an agreement under this section does not dis-
charge the person signing such agreement from a debt aris-
ing under such agreement or under this subsection.
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(e) RELATIONSHIP TO OTHER PROGRAMS.—The pilot 
program under this section is in addition to the authorities 
provided in chapter 111 of title 10, United States Code. 
The Secretary of Defense shall coordinate the provision of 
financial assistance under the authority of this section with 
the provision of financial assistance under the authorities 
provided in such chapter in order to maximize the benefits 
derived by the Department of Defense from the exercise of 
all such authorities. 
(f) RECOMMENDATION ON PILOT PROGRAM.—Not later 
than February 1, 2007, the Secretary of Defense shall sub-
mit to the Committees on Armed Services of the Senate and 
the House of Representatives, the Committee on Govern-
mental Affairs of the Senate, and the Committee on Govern-
ment Reform of the House of Representatives a plan for 
expanding and improving the national defense science and 
engineering workforce educational assistance pilot program 
carried out under this section as appropriate to improve 
recruitment and retention to meet the requirements of the 
Department of Defense for its science and engineering work-
force on a short-term basis and on a long-term basis. 
(g) CRITICAL HIRING NEED.—Section 3304(a)(3) of 
title 5, United States Code, is amended by striking subpara-
graph (B) and inserting the following:
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‘‘(B)(i) the Office of Personnel Management 
has determined that there exists a severe shortage 
of candidates or there is a critical hiring need; 
or 
‘‘(ii) the candidate is a participant in the 
Science, Mathematics, and Research for Trans-
formation (SMART) Defense Scholarship Pilot 
Program under section 1101 of the National De-
fense Authorization Act for Fiscal Year 2005.’’. 
(h) INSTITUTION OF HIGHER EDUCATION DEFINED.— 
In this section, the term ‘‘institution of higher education’’ 
has the meaning given such term in section 101 of the High-
er Education Act of 1965 (21 U.S.C. 1001). 
SEC. 1102. FOREIGN LANGUAGE PROFICIENCY PAY. 
(a) ELIGIBILITY FOR SERVICE NOT RELATED TO CON-
TINGENCY OPERATIONS.—Section 1596a(a)(2) of title 10, 
United States Code, is amended by striking ‘‘during a con-
tingency operation supported by the armed forces’’. 
(b) EFFECTIVE
DATE
AND
APPLICABILITY.—The 
amendment by this section shall take effect on October 1, 
2004, and shall apply with respect to months beginning on 
or after such date.
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SEC. 1103. PAY AND PERFORMANCE APPRAISAL PARITY FOR 
CIVILIAN INTELLIGENCE PERSONNEL. 
(a) PAY RATES.—Section 1602(a) of title 10, United 
States Code, is amended by striking ‘‘in relation to the rates 
of pay provided in subpart D of part III of title 5 for posi-
tions subject to that subpart which have corresponding levels 
of duties and responsibilities’’ and inserting ‘‘in relation 
to the rates of pay provided for comparable positions in 
the Department of Defense, including Senior Executive 
Service positions (as defined in section 3132 of title 5) or 
other senior level positions’’. 
(b) PERFORMANCE APPRAISAL SYSTEM.—Section 1606 
of such title is amended by adding at the end the following 
new subsection: 
‘‘(d) PERFORMANCE APPRAISALS.—(1) The Defense 
Intelligence Senior Executive Service shall be subject to a 
performance appraisal system which, as designed and ap-
plied, is certified by the Secretary of Defense under section 
5307 of title 5 as making meaningful distinctions based on 
relative performance. 
‘‘(2) The performance appraisal system applicable to 
the Defense Intelligence Senior Executive Service under 
paragraph (1) may be the same performance appraisal sys-
tem that is established and implemented within the Depart-
ment of Defense for members of the Senior Executive Serv-
ice.’’.
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SEC. 1104. ACCUMULATION OF ANNUAL LEAVE BY INTEL-
LIGENCE SENIOR LEVEL EMPLOYEES. 
Section 6304(f)(1) of title 5, United States Code, is 
amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘in a position’’; 
(2) in subparagraphs (A), (B), (C), (D), and 
(E), by inserting ‘‘a position in’’ before ‘‘the’’; 
(3) by striking ‘‘or’’ at the end of subparagraph 
(D); 
(4) by striking the period at the end of subpara-
graph (E) and inserting ‘‘; or’’; and 
(5) by adding at the end the following new sub-
paragraph: 
‘‘(F) a position designated as an Intelligence 
Senior Level position under section 1607(a) of title 
10.’’. 
SEC. 1105. PAY PARITY FOR SENIOR EXECUTIVES IN DE-
FENSE NONAPPROPRIATED FUND INSTRU-
MENTALITIES. 
(a) AUTHORITY.—Chapter 81 of title 10, United States 
Code, is amended by inserting after section 1587 the fol-
lowing new section:
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‘‘§ 1587a. Employees of nonappropriated fund instru-
mentalities: senior executive pay levels 
‘‘(a) AUTHORITY.—To achieve the objective stated in 
subsection (b), the Secretary of Defense may regulate the 
amount of total compensation that is provided for senior 
executives of nonappropriated fund instrumentalities who, 
for the fixing of pay by administrative action, are under 
the jurisdiction of the Secretary of Defense or the Secretary 
of a military department. 
‘‘(b) PAY PARITY.—The objective of an action taken 
with respect to the compensation of a senior executive under 
subsection (a) is to provide for parity between the total com-
pensation provided for such senior executive and total com-
pensation that is provided for Department of Defense em-
ployees in Senior Executive Service positions or other sen-
ior executive positions. 
‘‘(c) STANDARDS OF COMPARABILITY.—Subject to sub-
section (d), the Secretary of Defense shall prescribe the 
standards of comparison that are to apply in the making 
of the determinations necessary to achieve the objective stat-
ed in subsection (b). 
‘‘(d) ESTABLISHMENT OF PAY RATES.—The Secretary 
of Defense shall apply subsections (a) and (b) of section 
5382 of title 5 in the regulation of compensation under this 
section.
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‘‘(e) RELATIONSHIP TO PAY LIMITATION.—The Sec-
retary of Defense may exercise the authority provided in 
subsection (a) without regard to section 5373 of title 5. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘compensation’ includes rate of 
basic pay. 
‘‘(2) The term ‘Senior Executive Service posi-
tion’ has the meaning given such term in section 3132 
of title 5.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 1587 the following new item: 
‘‘1587a. Employees of nonappropriated fund instrumentalities: senior executive 
pay levels.’’. 
SEC. 1106. HEALTH BENEFITS PROGRAM FOR EMPLOYEES 
OF NONAPPROPRIATED FUND INSTRUMEN-
TALITIES. 
(a) ESTABLISHMENT.—(1) Chapter 81 of title 10, 
United States Code, as amended by section 1105(a), is fur-
ther amended by inserting after section 1587a the following 
new section: 
‘‘§ 1587b. Employees of nonappropriated fund instru-
mentalities: health benefits program 
‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense 
shall provide a uniform health benefits program for employ-
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ees of the Department of Defense assigned to a non-
appropriated fund instrumentality of the United States. 
‘‘(b) EXEMPTION FROM STATE
AND LOCAL LAWS, 
TAXES, AND OTHER REQUIREMENTS.—The exemption in 
section 8909(f) of title 5 shall apply to the program under 
subsection (a) and to a carrier, underwriting contractor, 
and plan administration contractor under such program 
in the same manner and to the same extent as such exemp-
tion applies under section 8909(f) of such title to an ap-
proved health benefits plan under chapter 89 of such title 
and a carrier, underwriting subcontractor, and plan ad-
ministration subcontractor, respectively, of such a plan.’’. 
(2) The table of sections at the beginning of such chap-
ter, as amended by section 1105(b), is further amended by 
inserting after the item relating to section 1587a the fol-
lowing new item: 
‘‘1587b. Employees of nonappropriated fund instrumentalities: health benefits pro-
gram.’’. 
(b) REPEAL OF SUPERSEDED LAW.—Section 349 of 
the National Defense Authorization Act for Fiscal Year 
1995 (Public Law 103–337; 108 Stat. 2727; 10 U.S.C. 1587 
note) is repealed.
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SEC. 1107. BID PROTESTS BY FEDERAL EMPLOYEES IN AC-
TIONS UNDER OFFICE OF MANAGEMENT AND 
BUDGET CIRCULAR A–76. 
(a) ELIGIBILITY TO PROTEST.—(1) Section 3551(2) of 
title 31, United States Code, is amended to read as follows: 
‘‘(2) The term ‘interested party’— 
‘‘(A) with respect to a contract or a solicita-
tion or other request for offers described in para-
graph (1), means an actual or prospective bidder 
or offeror whose direct economic interest would 
be affected by the award of the contract or by 
failure to award the contract; and 
‘‘(B) with respect to a public-private com-
petition conducted under Office of Management 
and Budget Circular A–76 regarding perform-
ance of an activity or function of a Federal 
agency, includes— 
‘‘(i) any official who submitted the 
agency tender in such competition; and 
‘‘(ii) any one person who, for the pur-
pose of representing them in a protest under 
this subchapter that relates to such competi-
tion, has been designated as their agent by 
a majority of the employees of such Federal 
agency who are engaged in the performance 
of such activity or function.’’.
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(2)(A) Subchapter V of chapter 35 of such title is 
amended by adding at the end the following new section: 
‘‘§ 3557. Expedited action in protests for public-pri-
vate competitions 
‘‘For protests in cases of public-private competitions 
conducted under Office of Management and Budget Cir-
cular A–76 regarding performance of an activity or func-
tion of Federal agencies, the Comptroller General shall ad-
minister the provisions of this subchapter in a manner best 
suited for expediting final resolution of such protests and 
final action in such competitions.’’. 
(B) The chapter analysis at the beginning of such 
chapter is amended by inserting after the item relating to 
section 3556 the following new item: 
‘‘3557. Expedited action in protests for public-private competitions.’’. 
(b) RIGHT TO INTERVENE IN CIVIL ACTION.—Section 
1491(b) of title 28, United States Code, is amended by add-
ing at the end the following new paragraph: 
‘‘(5) If a private sector interested party commences an 
action described in paragraph (1) in the case of a public- 
private competition conducted under Office of Management 
and Budget Circular A–76 regarding performance of an ac-
tivity or function of a Federal agency, then an official or 
person described in section 3551(2)(B) of title 31 shall be 
entitled to intervene in that action.’’.
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(c) APPLICABILITY.—Subparagraph (B) of section 
3551(2) of title 31, United States Code (as added by sub-
section (a)), and paragraph (5) of section 1491(b) of title 
28, United States Code (as added by subsection (b)), shall 
apply to— 
(1) protests and civil actions that challenge final 
selections of sources of performance of an activity or 
function of a Federal agency that are made pursuant 
to studies initiated under Office of Management and 
Budget Circular A–76 on or after January 1, 2004; 
and 
(2) any other protests and civil actions that re-
late to public-private competitions initiated under Of-
fice of Management and Budget Circular A–76 on or 
after the date of the enactment of this Act. 
SEC. 1108. REPORT ON HOW TO RECRUIT AND RETAIN INDI-
VIDUALS WITH FOREIGN LANGUAGE SKILLS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Federal Government has a requirement 
to ensure that the employees of its departments and 
agencies with national security responsibilities are 
prepared to meet the challenges of this evolving inter-
national environment. 
(2) According to a 2002 General Accounting Of-
fice report, Federal agencies have shortages in trans-
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lators and interpreters and an overall shortfall in the 
language proficiency levels needed to carry out their 
missions which has adversely affected agency oper-
ations and hindered United States military, law en-
forcement, intelligence, counterterrorism, and diplo-
matic efforts. 
(3) Foreign language skills and area expertise 
are integral to, or directly support, every foreign in-
telligence discipline and are essential factors in na-
tional security readiness, information superiority, 
and coalition peacekeeping or warfighting missions. 
(4) Communicating in languages other than 
English and understanding and accepting cultural 
and societal differences are vital to the success of 
peacetime and wartime military and intelligence ac-
tivities. 
(5) Proficiency levels required for foreign lan-
guage support to national security functions have 
been raised, and what was once considered proficiency 
is no longer the case. The ability to comprehend and 
articulate technical and complex information in for-
eign languages has become critical. 
(6) According to the Joint Intelligence Com-
mittee Inquiry into the 9/11 Terrorist Attacks, the In-
telligence Community had insufficient linguists prior
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to September 11, 2001, to handle the challenge it 
faced in translating the volumes of foreign language 
counterterrorism intelligence it collected. Agencies 
within the Intelligence Community experienced back-
logs in material awaiting translation, a shortage of 
language specialists and language-qualified field offi-
cers, and a readiness level of only 30 percent in the 
most critical terrorism-related languages that are 
used by terrorists. 
(7) Because of this shortage, the Federal Govern-
ment has had to enter into private contracts to pro-
cure linguist and translator services, including in 
some positions that would be more appropriately 
filled by permanent Federal employees or members of 
the United States Armed Forces. 
(b) REPORT.—In its fiscal year 2006 budget request, 
the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representa-
tives and the Select Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intelligence of the 
House of Representatives, a plan for expanding and im-
proving the national security foreign language workforce of 
the Department of Defense as appropriate to improve re-
cruitment and retention to meet the requirements of the De-
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partment for its foreign language workforce on a short-term 
basis and on a long-term basis. 
SEC. 1109. PLAN ON IMPLEMENTATION AND UTILIZATION 
OF FLEXIBLE PERSONNEL MANAGEMENT AU-
THORITIES IN DEPARTMENT OF DEFENSE 
LABORATORIES. 
(a) PLAN REQUIRED.—The Under Secretary of De-
fense for Acquisition, Technology, and Logistics and the 
Under Secretary of Defense for Personnel and Readiness 
shall jointly develop a plan for the effective utilization of 
the personnel management authorities referred to in sub-
section (b) in order to increase the mission responsiveness, 
efficiency, and effectiveness of Department of Defense lab-
oratories. 
(b) COVERED AUTHORITIES.—The personnel manage-
ment authorities referred to in this subsection are the per-
sonnel management authorities granted to the Secretary of 
Defense by the provisions of law as follows: 
(1) Section 342(b) of the National Defense Au-
thorization Act for Fiscal Year 1995 (Public Law 
103–337; 108 Stat. 2721), as amended by section 
1114 of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted into 
law by Public Law 106–398 (114 Stat. 1654A–315)).
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(2) Section 1101 of the Strom Thurmond Na-
tional Defense Authorization Act for Fiscal Year 1999 
(Public Law 105–261; 5 U.S.C. 3104 note). 
(3) Such other provisions of law as the Under 
Secretaries jointly consider appropriate for purposes 
of this section. 
(c) PLAN ELEMENTS.—The plan under subsection (a) 
shall— 
(1) include such elements as the Under Secre-
taries jointly consider appropriate to provide for the 
effective utilization of the personnel management au-
thorities referred to in subsection (b) as described in 
subsection (a), including the recommendations of the 
Under Secretaries for such additional authorities, in-
cluding authorities for demonstration programs or 
projects, as are necessary to achieve the effective utili-
zation of such personnel management authorities; and 
(2) include procedures, including a schedule for 
review and decisions, on proposals to modify current 
demonstration programs or projects, or to initiate 
new demonstration programs or projects, on flexible 
personnel management at Department laboratories 
(d) SUBMITTAL
TO CONGRESS.—The Under Secre-
taries shall jointly submit to Congress the plan under sub-
section (a) not later than February 1, 2006.
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SEC. 1110. NONREDUCTION IN PAY WHILE FEDERAL EM-
PLOYEE IS PERFORMING ACTIVE SERVICE IN 
THE UNIFORMED SERVICES OR NATIONAL 
GUARD. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Reservists Pay Security Act of 2004’’. 
(b) IN GENERAL.—Subchapter IV of chapter 55 of title 
5, United States Code, is amended by adding at the end 
the following: 
‘‘§ 5538. Nonreduction in pay while serving in the uni-
formed services or National Guard 
‘‘(a) An employee who is absent from a position of em-
ployment with the Federal Government in order to perform 
active duty in the uniformed services pursuant to a call 
or order to active duty under a provision of law referred 
to in section 101(a)(13)(B) of title 10 shall be entitled, while 
serving on active duty, to receive, for each pay period de-
scribed in subsection (b), an amount equal to the amount 
by which— 
‘‘(1) the amount of basic pay which would other-
wise have been payable to such employee for such pay 
period if such employee’s civilian employment with 
the Government had not been interrupted by that 
service, exceeds (if at all) 
‘‘(2) the amount of pay and allowances which 
(as determined under subsection (d))—
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‘‘(A) is payable to such employee for that 
service; and 
‘‘(B) is allocable to such pay period. 
‘‘(b)(1) Amounts under this section shall be payable 
with respect to each pay period (which would otherwise 
apply if the employee’s civilian employment had not been 
interrupted)— 
‘‘(A) during which such employee is entitled to 
reemployment rights under chapter 43 of title 38 with 
respect to the position from which such employee is 
absent (as referred to in subsection (a)); and 
‘‘(B) for which such employee does not otherwise 
receive basic pay (including by taking any annual, 
military, or other paid leave) to which such employee 
is entitled by virtue of such employee’s civilian em-
ployment with the Government. 
‘‘(2) For purposes of this section, the period during 
which an employee is entitled to reemployment rights under 
chapter 43 of title 38— 
‘‘(A) shall be determined disregarding the provi-
sions of section 4312(d) of title 38; and 
‘‘(B) shall include any period of time specified 
in section 4312(e) of title 38 within which an em-
ployee may report or apply for employment or reem-
ployment following completion of service on active
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duty to which called or ordered as described in sub-
section (a). 
‘‘(c) Any amount payable under this section to an em-
ployee shall be paid— 
‘‘(1) by such employee’s employing agency; 
‘‘(2) from the appropriation or fund which 
would be used to pay the employee if such employee 
were in a pay status; and 
‘‘(3) to the extent practicable, at the same time 
and in the same manner as would basic pay if such 
employee’s civilian employment had not been inter-
rupted. 
‘‘(d) The Office of Personnel Management shall, in con-
sultation with Secretary of Defense, prescribe any regula-
tions necessary to carry out the preceding provisions of this 
section. 
‘‘(e)(1) The head of each agency referred to in section 
2302(a)(2)(C)(ii) shall, in consultation with the Office, pre-
scribe procedures to ensure that the rights under this section 
apply to the employees of such agency. 
‘‘(2) The Administrator of the Federal Aviation Ad-
ministration shall, in consultation with the Office, prescribe 
procedures to ensure that the rights under this section apply 
to the employees of that agency. 
‘‘(f) For purposes of this section—
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‘‘(1) the terms ‘employee’, ‘Federal Government’, 
and ‘uniformed services’ have the same respective 
meanings as given them in section 4303 of title 38; 
‘‘(2) the term ‘employing agency’, as used with 
respect to an employee entitled to any payments 
under this section, means the agency or other entity 
of the Government (including an agency referred to in 
section 2302(a)(2)(C)(ii)) with respect to which such 
employee has reemployment rights under chapter 43 
of title 38; and 
‘‘(3) the term ‘basic pay’ includes any amount 
payable under section 5304.’’. 
(c) CLERICAL AMENDMENT.—The table of sections for 
chapter 55 of title 5, United States Code, is amended by 
inserting after the item relating to section 5537 the fol-
lowing: 
‘‘5538. Nonreduction in pay while serving in the uniformed services or National 
Guard.’’. 
(d) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendments made by 
this section shall apply with respect to pay periods 
(as described in section 5538(b) of title 5, United 
States Code, as amended by this section) beginning on 
or after the date of enactment of this Act. 
(2) CONDITIONAL RETROACTIVE APPLICATION.—
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(A) IN GENERAL.—The amendments made 
by this section shall apply with respect to pay 
periods (as described in section 5538(b) of title 
5, United States Code, as amended by this sec-
tion) beginning on or after October 11, 2002 
through the date of enactment of this Act, subject 
to the availability of appropriations. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated 
$100,000,000 for purposes of subparagraph (A). 
TITLE 
XII—COOPERATIVE 
THREAT 
REDUCTION 
WITH 
STATES OF THE FORMER SO-
VIET UNION 
SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Coop-
erative Threat Reduction programs are the programs speci-
fied in section 1501(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110 
Stat. 2731; 50 U.S.C. 2362 note). 
(b) FISCAL YEAR 2005 COOPERATIVE THREAT REDUC-
TION FUNDS DEFINED.—As used in this title, the term ‘‘fis-
cal year 2005 Cooperative Threat Reduction funds’’ means
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the funds appropriated pursuant to the authorization of ap-
propriations in section 301 for Cooperative Threat Reduc-
tion programs. 
(c) AVAILABILITY
OF FUNDS.—Funds appropriated 
pursuant to the authorization of appropriations in section 
301 for Cooperative Threat Reduction programs shall be 
available for obligation for three fiscal years. 
SEC. 1202. FUNDING ALLOCATIONS. 
(a) FUNDING
FOR
SPECIFIC
PURPOSES.—Of the 
$409,200,000 authorized to be appropriated to the Depart-
ment of Defense for fiscal year 2005 in section 301(19) for 
Cooperative Threat Reduction programs, the following 
amounts may be obligated for the purposes specified: 
(1) For strategic offensive arms elimination in 
Russia, $58,522,000. 
(2) For nuclear weapons storage security in Rus-
sia, $48,672,000. 
(3) For nuclear weapons transportation security 
in Russia, $26,300,000. 
(4) For weapons of mass destruction prolifera-
tion prevention in the states of the former Soviet 
Union, $40,030,000. 
(5) For chemical weapons destruction in Russia, 
$158,400,000.
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(6) For biological weapons proliferation preven-
tion in the former Soviet Union, $54,959,000. 
(7) 
For 
defense 
and 
military 
contacts, 
$8,000,000. 
(8) For activities designated as Other Assess-
ments/Administrative Support, $14,317,000. 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF 
FUNDS FOR OTHER PURPOSES.—No fiscal year 2005 Coop-
erative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (8) of subsection (a) until 30 days after 
the date that the Secretary of Defense submits to Congress 
a report on the purpose for which the funds will be obligated 
or expended and the amount of funds to be obligated or ex-
pended. Nothing in the preceding sentence shall be construed 
as authorizing the obligation or expenditure of fiscal year 
2005 Cooperative Threat Reduction funds for a purpose for 
which the obligation or expenditure of such funds is specifi-
cally prohibited under this title or any other provision of 
law. 
(c) LIMITED
AUTHORITY
TO
VARY
INDIVIDUAL 
AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any 
case in which the Secretary of Defense determines that it 
is necessary to do so in the national interest, the Secretary 
may obligate amounts appropriated for fiscal year 2005 for
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a purpose listed in any of the paragraphs in subsection (a) 
in excess of the specific amount authorized for that purpose. 
(2) An obligation of funds for a purpose stated in any 
of the paragraphs in subsection (a) in excess of the specific 
amount authorized for such purpose may be made using 
the authority provided in paragraph (1) only after— 
(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete 
discussion of the justification for doing so; and 
(B) 15 days have elapsed following the date of 
the notification. 
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for a purpose 
stated in any of paragraphs (5) through (8) of subsection 
(a) in excess of 125 percent of the specific amount author-
ized for such purpose. 
SEC. 1203. MODIFICATION AND WAIVER OF LIMITATION ON 
USE OF FUNDS FOR CHEMICAL WEAPONS DE-
STRUCTION FACILITIES IN RUSSIA. 
(a) MODIFICATION OF LIMITATION.—Section 1305 of 
the National Defense Authorization Act for Fiscal Year 
2000 (22 U.S.C. 5952 note) is amended by striking ‘‘or ex-
pended’’. 
(b) WAIVER AUTHORITY.—The conditions described in 
section 1305 of the National Defense Authorization Act for
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Fiscal Year 2000, as amended by subsection (a), shall not 
apply to the obligation of funds during a fiscal year for 
the planning, design, or construction of a chemical weapons 
destruction facility in Russia if the President submits to 
Congress a written certification with respect to such fiscal 
year that includes— 
(1) a statement as to why the waiver of the con-
ditions during the fiscal year covered by such certifi-
cation is consistent with the national security inter-
ests of the United States; and 
(2) a plan to promote a full and accurate disclo-
sure by Russia regarding the size, content, status, and 
location of its chemical weapons stockpile. 
SEC. 1204. INCLUSION OF DESCRIPTIVE SUMMARIES IN AN-
NUAL COOPERATIVE THREAT REDUCTION RE-
PORTS AND BUDGET JUSTIFICATION MATE-
RIALS. 
Section 1307 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105– 
261; 112 Stat. 2165; 22 U.S.C. 5952 note) is amended— 
(1) in subsection (a), by striking ‘‘as part of the 
Secretary’s annual budget request to Congress’’ in the 
matter preceding paragraph (1) and inserting ‘‘in the 
materials and manner specified in subsection (c)’’; 
and
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(2) by adding at the end the following new sub-
section: 
‘‘(c) INCLUSION IN CERTAIN MATERIALS SUBMITTED 
TO CONGRESS.—The summary required to be submitted to 
Congress in a fiscal year under subsection (a) shall be set 
forth by project category, and by amounts specified in para-
graphs (1) and (2) of that subsection in connection with 
such project category, in each of the following: 
‘‘(1) The annual report on activities and assist-
ance under Cooperative Threat Reduction programs 
required in such fiscal year under section 1308 of the 
Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 (as enacted into law by Public 
Law 106–398). 
‘‘(2) The budget justification materials submitted 
to Congress in support of the Department of Defense 
budget for the fiscal year succeeding such fiscal year 
(as submitted with the budget of the President under 
section 1105(a) of title 31, United States Code).’’.
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TITLE 
XIII—MEDICAL 
READI-
NESS TRACKING AND HEALTH 
SURVEILLANCE 
SEC. 1301. ANNUAL MEDICAL READINESS PLAN AND JOINT 
MEDICAL 
READINESS 
OVERSIGHT 
COM-
MITTEE. 
(a) REQUIREMENT FOR PLAN.—The Secretary of De-
fense shall develop a comprehensive plan to improve med-
ical readiness, and Department of Defense tracking of the 
health status, of members of the Armed Forces throughout 
their service in the Armed Forces, and to strengthen medical 
readiness and tracking before, during, and after deployment 
of the personnel overseas. The matters covered by the com-
prehensive plan shall include all elements that are described 
in this title and the amendments made by this title and 
shall comply with requirements in law. 
(b) JOINT MEDICAL READINESS OVERSIGHT COM-
MITTEE.— 
(1) ESTABLISHMENT.—The Secretary of Defense 
shall establish a Joint Medical Readiness Oversight 
Committee. 
(2) COMPOSITION.—The members of the Com-
mittee are as follows:
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(A) The Under Secretary of Defense for Per-
sonnel and Readiness, who shall chair the Com-
mittee. 
(B) The Assistant Secretary of Defense for 
Health Affairs. 
(C) The Assistant Secretary of Defense for 
Reserve Affairs. 
(D) The Surgeons General of the Armed 
Forces. 
(E) The Assistant Secretary of the Army for 
Manpower and Reserve Affairs. 
(F) The Assistant Secretary of the Navy for 
Manpower and Reserve Affairs. 
(G) The Assistant Secretary of the Air 
Force for Manpower, Reserve Affairs, Installa-
tions, and Environment. 
(H) The Chief of the National Guard Bu-
reau. 
(I) The Chief of Army Reserve. 
(J) The Chief of Naval Reserve. 
(K) The Chief of Air Force Reserve. 
(L) The Commander, Marine Corps Reserve. 
(M) The Director of the Defense Manpower 
Data Center.
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(N) A representative of the Department of 
Veterans Affairs designated by the Secretary of 
Veterans Affairs. 
(O) Representatives of veterans and mili-
tary health advocacy organizations appointed to 
the Committee by the Secretary of Defense. 
(P) An individual from civilian life who is 
recognized as an expert on military health care 
treatment, including research relating to such 
treatment. 
(3) DUTIES.—The duties of the Committee are as 
follows: 
(A) To advise the Secretary of Defense on 
the medical readiness and health status of the 
members of the active and reserve components of 
the Armed Forces. 
(B) To advise the Secretary of Defense on 
the compliance of the Armed Forces with the 
medical readiness tracking and health surveil-
lance policies of the Department of Defense. 
(C) To oversee the development and imple-
mentation of the comprehensive plan required by 
subsection (a) and the actions required by this 
title and the amendments made by this title, in-
cluding with respect to matters relating to—
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(i) the health status of the members of 
the reserve components of the Armed Forces; 
(ii) accountability for medical readi-
ness; 
(iii) medical tracking and health sur-
veillance; 
(iv) declassification of information on 
environmental hazards; 
(v) postdeployment health care for 
members of the Armed Forces; and 
(vi) compliance with Department of 
Defense and other applicable policies on 
blood serum repositories. 
(D) To ensure unity and integration of ef-
forts across functional and organizational lines 
within the Department of Defense with regard to 
medical readiness tracking and health status sur-
veillance of members of the Armed Forces. 
(E) To establish and monitor compliance 
with the medical readiness standards that are 
applicable to members and those that are appli-
cable to units. 
(F) To improve continuity of care in co-
ordination with the Secretary of Veterans Af-
fairs, for members of the Armed Forces sepa-
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rating from active service with service-connected 
medical conditions. 
(G) To prepare and submit to the Secretary 
of Defense and to the Committees on Armed 
Services of the Senate and the House of Rep-
resentatives, not later than February 1 of each 
year, a report on— 
(i) the health status and medical readi-
ness of the members of the Armed Forces, 
including the members of reserve compo-
nents, based on the comprehensive plan re-
quired under subsection (a) and the actions 
required by this title and the amendments 
made by this title; and 
(ii) compliance with Department of 
Defense policies on medical readiness track-
ing and health surveillance. 
(4) FIRST MEETING.—The first meeting of the 
Committee shall be held not later than 90 days after 
the date of the enactment of this Act. 
SEC. 1302. MEDICAL READINESS OF RESERVES. 
(a) COMPTROLLER GENERAL STUDY OF HEALTH OF 
RESERVES ORDERED TO ACTIVE DUTY FOR OPERATIONS 
ENDURING FREEDOM AND IRAQI FREEDOM.—
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(1) REQUIREMENT
FOR
STUDY.—The Comp-
troller General of the United States shall carry out a 
study of the health of the members of the reserve com-
ponents of the Armed Forces who have been called or 
ordered to active duty for a period of more than 30 
days in support of Operation Enduring Freedom and 
Operation Iraqi Freedom. The Comptroller General 
shall commence the study not later than 180 days 
after the date of the enactment of this Act. 
(2) PURPOSES.—The purposes of the study under 
this subsection are as follows: 
(A) To review the health status and medical 
fitness of the activated Reserves when they were 
called or ordered to active duty. 
(B) To review the effects, if any, on logistics 
planning and the deployment schedules for the 
operations referred to in paragraph (1) that re-
sulted from deficiencies in the health or medical 
fitness of activated Reserves. 
(C) To review compliance of military per-
sonnel with Department of Defense policies on 
medical and physical fitness examinations and 
assessments that are applicable to the reserve 
components of the Armed Forces.
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(3) REPORT.—The Comptroller General shall, 
not later than one year after the date of the enact-
ment of this Act, submit a report on the results of the 
study under this subsection to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives. The report shall include the following 
matters: 
(A) With respect to the matters reviewed 
under subparagraph (A) of paragraph (2)— 
(i) the percentage of activated Reserves 
who were determined to be medically unfit 
for deployment, together with an analysis of 
the reasons why the member was unfit, in-
cluding medical illnesses or conditions most 
commonly found among the activated Re-
serves that were grounds for determinations 
of medical unfitness for deployment; and 
(ii) the percentage of the activated Re-
serves who, before being deployed, needed 
medical care for health conditions identified 
when called or ordered to active duty, to-
gether with an analysis of the types of care 
that were provided for such conditions and 
the reasons why such care was necessary.
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(B) With respect to the matters reviewed 
under subparagraph (B) of paragraph (2)— 
(i) the delays and other disruptions in 
deployment schedules that resulted from de-
ficiencies in the health status or medical fit-
ness of activated Reserves; and 
(ii) an analysis of the extent to which 
it was necessary to merge units or otherwise 
alter the composition of units, and the ex-
tent to which it was necessary to merge or 
otherwise alter objectives, in order to com-
pensate for limitations on the deployability 
of activated Reserves resulting from defi-
ciencies in the health status or medical fit-
ness of activated Reserves. 
(C) With respect to the matters reviewed 
under subparagraph (C) of paragraph (2), an 
assessment of the extent of the compliance of re-
serve component personnel with Department of 
Defense policies on routine medical and physical 
fitness examinations that are applicable to the 
reserve components of the Armed Forces. 
(D) An analysis of the extent to which the 
medical care, if any, provided to activated Re-
serves in each theater of operations referred to in
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paragraph (1) related to preexisting conditions 
that were not adequately addressed before the de-
ployment of such personnel to the theater. 
(4) DEFINITIONS.—In this subsection: 
(A) The term ‘‘activated Reserves’’ means 
the members of the Armed Forces referred to in 
paragraph (1). 
(B) The term ‘‘active duty for a period of 
more than 30 days’’ has the meaning given such 
term in section 101(d) of title 10, United States 
Code. 
(C) The term ‘‘health condition’’ includes a 
mental health condition and a dental condition. 
(D) The term ‘‘reserve components of the 
Armed Forces’’ means the reserve components 
listed in section 10101 of title 10, United States 
Code. 
(b) ACCOUNTABILITY FOR INDIVIDUAL AND UNIT MED-
ICAL READINESS.— 
(1) POLICY.—The Secretary of Defense shall 
issue a policy to ensure that individual members and 
commanders of reserve component units fulfill their 
responsibilities for medical and dental readiness of 
members of the units on the basis of—
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(A) frequent periodic health assessment of 
members (not less frequently than once every two 
years) using the predeployment assessment proce-
dure required under section 1074f of title 10, 
United States Code, as the minimum standard of 
medical readiness; and 
(B) any other information on the health 
status of the members that is available to the 
commanders. 
(2) REVIEW AND FOLLOWUP CARE.—The regula-
tions under this subsection shall provide for review of 
the health assessments under paragraph (1) by a med-
ical professional and for any followup care and treat-
ment that is needed for medical or dental readiness. 
(3) MODIFICATION OF PREDEPLOYMENT HEALTH 
ASSESSMENT SURVEY.—In meeting the policy under 
paragraph (1), the Secretary shall— 
(A) to the extent practicable, modify the 
predeployment health assessment survey to bring 
such survey into conformity with the detailed 
postdeployment health assessment survey in use 
as of October 1, 2004; and 
(B) ensure the use of the predeployment 
health assessment survey, as so modified, for 
predeployment health assessments after that date.
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(c) UNIFORM POLICY
ON DEFERRAL
OF MEDICAL 
TREATMENT PENDING DEPLOYMENT TO THEATERS OF OP-
ERATIONS.— 
(1) REQUIREMENT FOR POLICY.—The Secretary 
of Defense shall prescribe, for uniform applicability 
throughout the Armed Forces, a policy on deferral of 
medical treatment of members pending deployment. 
(2) CONTENT.—The policy prescribed under 
paragraph (1) shall specify the following matters: 
(A) The circumstances under which treat-
ment for medical conditions may be deferred to 
be provided within a theater of operations in 
order to prevent delay or other disruption of a 
deployment to that theater. 
(B) The circumstances under which medical 
conditions are to be treated before deployment to 
that theater. 
SEC. 1303. BASELINE HEALTH DATA COLLECTION PRO-
GRAM. 
(a) REQUIREMENT FOR PROGRAM.— 
(1) IN GENERAL.—Chapter 55 of title 10, United 
States Code, is amended by inserting after section 
1092 the following new section:
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‘‘§ 1092a. Persons entering the armed forces: baseline 
health data 
‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense 
shall carry out a program— 
‘‘(1) to collect baseline health data from all per-
sons entering the armed forces; 
‘‘(2) to provide for computerized compilation 
and maintenance of the baseline health data; and 
‘‘(3) to analyze the data. 
‘‘(b) PURPOSES.—The program under this section 
shall be designed to achieve the following purposes: 
‘‘(1) To facilitate understanding of how expo-
sures related to service in the armed forces affect 
health. 
‘‘(2) To facilitate development of early interven-
tion and prevention programs to protect health and 
readiness.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 1092 the 
following new item: 
‘‘1092a. Persons entering the armed forces: baseline health data.’’. 
(3) TIME FOR IMPLEMENTATION.—The Secretary 
of Defense shall implement the program required 
under section 1092a of title 10, United States Code
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(as added by paragraph (1)), not later than two years 
after the date of the enactment of this Act. 
(b) INTERIM STANDARDS FOR BLOOD SAMPLING.—The 
Secretary of Defense shall require under the medical track-
ing system administered under section 1074f of title 10, 
United States Code, that— 
(1) 
the 
blood 
samples 
necessary 
for 
the 
predeployment medical examination of a member of 
the Armed Forces required under subsection (b) of 
such section be drawn not earlier than 60 days before 
the date of the deployment; and 
(2) 
the 
blood 
samples 
necessary 
for 
the 
postdeployment medical examination of a member of 
the Armed Forces required under such subsection be 
drawn not later than 30 days after the date on which 
the deployment ends. 
SEC. 1304. MEDICAL CARE AND TRACKING AND HEALTH 
SURVEILLANCE IN THE THEATER OF OPER-
ATIONS. 
(a) RECORDKEEPING POLICY.—The Secretary of De-
fense shall prescribe a policy that requires the records of 
all medical care provided to a member of the Armed Forces 
in a theater of operations to be maintained as part of a 
complete health record for the member.
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(b) IN-THEATER MEDICAL TRACKING AND HEALTH 
SURVEILLANCE.— 
(1) REQUIREMENT FOR EVALUATION.—The Sec-
retary of Defense shall evaluate the system for the 
medical tracking and health surveillance of members 
of the Armed Forces in theaters of operations and 
take such actions as may be necessary to improve the 
medical tracking and health surveillance. 
(2) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of De-
fense shall submit a report on the actions taken under 
paragraph (1) to the Committees on Armed Services 
of the Senate and the House of Representatives. The 
report shall include the following matters: 
(A) An analysis of the strengths and weak-
nesses of the medical tracking system adminis-
tered under section 1074f of title 10, United 
States Code. 
(B) An analysis of the efficacy of health 
surveillance systems as a means of detecting— 
(i) any health problems (including 
mental health conditions) of members of the 
Armed Forces contemporaneous with the 
performance of the assessment under the 
system; and
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(ii) exposures of the assessed members 
to environmental hazards that potentially 
lead to future health problems. 
(C) An analysis of the strengths and weak-
nesses of such medical tracking and surveillance 
systems as a means for supporting future re-
search on health issues. 
(D) Recommended changes to such medical 
tracking and health surveillance systems. 
(E) A summary of scientific literature on 
blood sampling procedures used for detecting and 
identifying exposures to environmental hazards. 
(F) An assessment of whether there is a 
need for changes to regulations and standards for 
drawing blood samples for effective tracking and 
health surveillance of the medical conditions of 
personnel before deployment, upon the end of a 
deployment, and for a followup period of appro-
priate length. 
(c) PLAN TO OBTAIN HEALTH CARE RECORDS FROM 
ALLIES.—The Secretary of Defense shall develop a plan for 
obtaining all records of medical treatment provided to 
members of the Armed Forces by allies of the United States 
in Operation Enduring Freedom and Operation Iraqi Free-
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dom. The plan shall specify the actions that are to be taken 
to obtain all such records. 
(d) POLICY ON IN-THEATER PERSONNEL LOCATOR 
DATA.—Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall prescribe 
a Department of Defense policy on the collection and dis-
semination of in-theater individual personnel location data. 
SEC. 1305. DECLASSIFICATION OF INFORMATION ON EXPO-
SURES TO ENVIRONMENTAL HAZARDS. 
(a) REQUIREMENT FOR REVIEW.—The Secretary of 
Defense shall review and, as determined appropriate, revise 
the classification policies of the Department of Defense with 
a view to facilitating the declassification of data that is 
potentially useful for the monitoring and assessment of the 
health of members of the Armed Forces who have been ex-
posed to environmental hazards during deployments over-
seas, including the following data: 
(1) In-theater injury rates. 
(2) Data derived from environmental surveil-
lance. 
(3) Health tracking and surveillance data. 
(b) CONSULTATION WITH COMMANDERS OF THEATER 
COMBATANT COMMANDS.—The Secretary shall, to the extent 
that the Secretary considers appropriate, consult with the 
senior commanders of the in-theater forces of the combatant
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commands in carrying out the review and revising policies 
under subsection (a). 
SEC. 1306. ENVIRONMENTAL HAZARDS. 
(a) REPORT ON TRAINING OF FIELD MEDICAL PER-
SONNEL.— 
(1) REQUIREMENT FOR REPORT.—Not later than 
one year after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House 
of Representatives a report on the training on envi-
ronmental hazards that is provided by the Armed 
Forces to medical personnel of the Armed Forces who 
are deployable to the field in direct support of combat 
personnel. 
(2) CONTENT.—The report under paragraph (1) 
shall include the following: 
(A) An assessment of the adequacy of the 
training regarding— 
(i) the identification of common envi-
ronmental hazards and exposures to such 
hazards; and 
(ii) the prevention and treatment of 
adverse health effects of such exposures. 
(B) A discussion of the actions taken and to 
be taken to improve such training.
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(c) REPORT ON RESPONSES TO HEALTH CONCERNS OF 
MEMBERS.— 
(1) REQUIREMENT FOR REPORT.—Not later than 
180 days after the date of the enactment of this Act, 
the Assistant Secretary of Defense for Health Affairs 
shall submit to the Secretary of Defense and the Com-
mittees on Armed Services of the Senate and the 
House of Representatives a report on Department of 
Defense responses to concerns expressed by members of 
the Armed Forces during post-deployment health as-
sessments about possibilities that the members were 
exposed to environmental hazards deleterious to the 
members’ health during a deployment overseas. 
(2) CONTENT.—The report regarding health con-
cerns submitted under paragraph (1) shall include the 
following: 
(A) A discussion of the actions taken by De-
partment of Defense officials to investigate the 
circumstances underlying such concerns in order 
to determine the validity of the concerns. 
(B) A discussion of the actions taken by De-
partment of Defense officials to evaluate or treat 
members and former members of the Armed 
Forces who are confirmed to have been exposed
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to environmental hazards deleterious to their 
health during deployments of the Armed Forces. 
SEC. 1307. POST-DEPLOYMENT MEDICAL CARE RESPON-
SIBILITIES OF INSTALLATION COMMANDERS. 
(a) REQUIREMENT
FOR
REGULATIONS.—The Sec-
retary of Defense shall prescribe a policy that requires the 
commander of each military installation at which members 
of the Armed Forces are to be processed upon redeployment 
from an overseas deployment— 
(1) to identify and analyze the anticipated 
health care needs of such members before the arrival 
of such members at that installation; and 
(2) to report such needs to the Secretary. 
(b) HEALTH CARE TO MEET NEEDS.—The policy 
under this section shall include procedures for the com-
mander of each military installation described in subsection 
(a) to meet the anticipated health care needs that are identi-
fied by the commander in the performance of duties under 
the regulations, including the following: 
(1) Arrangements for health care provided by the 
Secretary of Veterans Affairs. 
(2) Procurement of services from local health 
care providers. 
(3) Temporary employment of health care per-
sonnel to provide services at such installation.
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SEC. 1308. FULL IMPLEMENTATION OF MEDICAL READI-
NESS 
TRACKING 
AND 
HEALTH 
SURVEIL-
LANCE PROGRAM AND FORCE HEALTH PRO-
TECTION AND READINESS PROGRAM. 
(a) IMPLEMENTATION AT ALL LEVELS.—The Secretary 
of Defense, in conjunction with the Secretaries of the mili-
tary departments, shall take such actions as are necessary 
to ensure that the Army, Navy, Air Force, and Marine 
Corps fully implement at all levels— 
(1) the Medical Readiness Tracking and Health 
Surveillance Program under this title and the amend-
ments made by this title; and 
(2) the Force Health Protection and Readiness 
Program of the Department of Defense (relating to the 
prevention of injury and illness and the reduction of 
disease and noncombat injury threats). 
(b) ACTION OFFICIAL.—The Secretary of Defense may 
act through the Under Secretary of Defense for Personnel 
and Readiness in carrying out subsection (a). 
SEC. 1309. OTHER MATTERS. 
(a) ANNUAL REPORTS.— 
(1) REQUIREMENT FOR REPORTS.— 
(A) Chapter 55 of title 10, United States 
Code, is amended by inserting after section 
1073a the following new section:
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‘‘§ 1073b. Recurring reports 
‘‘(a) ANNUAL
REPORT
ON
HEALTH
PROTECTION 
QUALITY.—(1) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House 
of Representatives each year a report on the Force Health 
Protection Quality Assurance Program of the Department 
of Defense. The report shall include the following matters: 
‘‘(A) The results of an audit of the extent to 
which the serum samples required to be obtained from 
members of the armed forces before and after a de-
ployment are stored in the serum repository of the 
Department of Defense. 
‘‘(B) The results of an audit of the extent to 
which the health assessments required for members of 
the armed forces before and after a deployment are 
being maintained in the electronic database of the De-
fense Medical Surveillance System. 
‘‘(C) An analysis of the actions taken by the De-
partment of Defense personnel to respond to health 
concerns expressed by members of the armed forces 
upon return from a deployment. 
‘‘(D) An analysis of the actions taken by the Sec-
retary to evaluate or treat members and former mem-
bers of the armed forces who are confirmed to have 
been exposed to occupational or environmental haz-
ards deleterious to their health during a deployment.
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‘‘(2) The Secretary of Defense shall act through the As-
sistant Secretary of Defense for Health Affairs in carrying 
out this subsection. 
‘‘(b) ANNUAL REPORT ON RECORDING OF HEALTH AS-
SESSMENT DATA IN MILITARY PERSONNEL RECORDS.—The 
Secretary of Defense shall issue each year a report on the 
compliance by the military departments with applicable 
policies on the recording of health assessment data in mili-
tary personnel records. The report shall include a discussion 
of the extent to which immunization status and 
predeployment and postdeployment health care data is 
being recorded in such records.’’. 
(B) The table of sections at the beginning of 
such chapter is amended by inserting after the 
item relating to section 1073a the following new 
item: 
‘‘1073b. Recurring reports.’’. 
(2) INITIAL REPORT.—The first report under sec-
tion 1073b(a) of title 10, United States Code (as 
added by paragraph (1)), shall be completed not later 
than 180 days after the date of the enactment of this 
Act. 
(b) INTERNET ACCESSIBILITY OF HEALTH ASSESS-
MENT
INFORMATION
FOR
MEMBERS
OF
THE
ARMED 
FORCES.—Not later than one year after the date of the en-
actment of this Act, the Chief Information Officer of each
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military department shall ensure that the online portal 
website of that military department includes the following 
information relating to health assessments: 
(1) Information on the Department of Defense 
policies regarding predeployment and postdeployment 
health assessments, including policies on the following 
matters: 
(A) Health surveys. 
(B) Physical examinations. 
(C) Collection of blood samples and other 
tissue samples. 
(2) Procedural information on compliance with 
such policies, including the following information: 
(A) Information for determining whether a 
member is in compliance. 
(B) Information on how to comply. 
(3) Health assessment surveys that are either— 
(A) web-based; or 
(B) 
accessible 
(with 
instructions) 
in
printer-ready form by download. 
SEC. 1310. USE OF CIVILIAN EXPERTS AS CONSULTANTS. 
Nothing in this title or an amendment made by this 
title shall be construed to limit the authority of the Sec-
retary of Defense to procure the services of experts outside 
the Federal Government for performing any function to
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comply with requirements for readiness tracking and health 
surveillance of members of the Armed Forces that are appli-
cable to the Department of Defense. 
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the ‘‘Military Construc-
tion Authorization Act for Fiscal Year 2005’’. 
TITLE XXI—ARMY 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2104(a)(1), the Secretary of the Army may ac-
quire real property and carry out military construction 
projects for the installations and 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 ......................
$23,690,000 
Fort Rucker .......................................
$16,500,000 
Alaska .....................................
Fort Richardson ...............................
$24,300,000 
Fort Wainwright ..............................
$92,459,000 
Arizona ...................................
Fort Huachuca .................................
$18,000,000 
California ...............................
Fort Irwin .........................................
$38,100,000 
Sierra Army Depot ..........................
$13,600,000 
Colorado .................................
Fort Carson .......................................
$63,158,000 
Georgia ...................................
Fort Benning ....................................
$71,777,000 
Fort Gillem .......................................
$5,800,000 
Fort McPherson ................................
$4,900,000 
Fort Stewart/Hunter Army Air 
Field ..............................................
$65,495,000 
Hawaii ...................................
Helemano Military Reservation ......
$75,300,000 
Hickam Air Field .............................
$11,200,000 
Pohakuloa Training Area ................
$40,000,000
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Army: Inside the United States—Continued 
State 
Installation or location 
Amount 
Schofield Barracks ...........................
$162,792,000 
Wheeler Army Air Field ..................
$24,000,000 
Kansas ....................................
Fort Riley .........................................
$59,550,000 
Kentucky ................................
Fort Campbell ...................................
$92,000,000 
Fort Knox .........................................
$75,750,000 
Louisiana ...............................
Fort Polk ...........................................
$70,953,000 
Maryland ...............................
Aberdeen Proving Ground ...............
$13,000,000 
Missouri .................................
Fort Leonard Wood ..........................
$28,150,000 
New Mexico ............................
White Sands Missile Range .............
$33,000,000 
New York ................................
Fort Drum ........................................
$7,950,000 
Fort Hamilton ..................................
$7,600,000 
Military Entrance Processing Sta-
tion, Buffalo.
$6,200,000 
United States Military Academy, 
West Point.
$60,000,000 
North Carolina ......................
Fort Bragg ........................................
$101,687,000 
Oklahoma ...............................
Fort Sill ............................................
$14,400,000 
Pennsylvania .........................
Letterkenny Depot ............................
$11,400,000 
Texas ......................................
Fort Bliss ..........................................
$20,100,000 
Fort Hood .........................................
$78,088,000 
Fort Sam Houston ...........................
$11,400,000 
Virginia ..................................
Fort A.P. Hill ...................................
$14,775,000 
Fort Myer ..........................................
$49,526,000 
Washington ............................
Fort Lewis .........................................
$57,200,000 
Total ..........................................
$1,563,800,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(2), the Secretary of the Army may 
acquire real property and carry out military construction 
projects for the installations and 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 
Germany ..................................
Grafenwoehr ........................................
$77,200,000 
Italy .........................................
Livorno ................................................
$26,000,000 
Korea ........................................
Camp Humphreys ..............................
$12,000,000 
Total ....................................................
$115,200,000 
SEC. 2102. FAMILY HOUSING. 
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using 
amounts appropriated pursuant to the authorization of ap-
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propriations in section 2104(a)(5)(A), the Secretary of the 
Army may construct or acquire family housing units (in-
cluding land acquisition and supporting facilities) at the 
installations or locations, for the purposes, and in the 
amounts set forth in the following table: 
Army: Family Housing 
State or Country 
Installation or location 
Purpose 
Amount 
Alaska ..............................
Fort Richardson ...................
92 Units .......
$42,000,000 
Fort Wainwright ..................
246 Units .....
$124,000,000 
Arizona ............................
Fort Huachuca .....................
205 Units .....
$41,000,000 
Yuma Proving Grounds ......
55 Units .......
$14,900,000 
Kansas .............................
Fort Riley .............................
126 Units .....
$33,000,000 
New Mexico ......................
White Sands Missile Range 
156 Units .....
$31,000,000 
Oklahoma .........................
Fort Sill ................................
247 Units .....
$47,000,000 
Virginia ...........................
Fort Lee ................................
218 Units .....
$46,000,000 
Fort Monroe .........................
68 Units .......
$16,000,000 
Total ....
$394,900,000 
(b) PLANNING AND DESIGN.—Using amounts appro-
priated 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 im-
provement of family housing units in an amount not to 
exceed $29,209,000. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States Code, 
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2104(a)(5)(A), the Sec-
retary of the Army may improve existing military family 
housing units in an amount not to exceed $211,990,000.
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SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) IN GENERAL.—Funds are hereby authorized to be 
appropriated for fiscal years beginning after September 30, 
2004, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the 
Army in the total amount of $3,507,891,000, as follows: 
(1) For military construction projects inside the 
United 
States 
authorized 
by 
section 
2101(a), 
$1,534,500,000. 
(2) For military construction projects outside the 
United 
States 
authorized 
by 
section 
2101(b), 
$115,200,000. 
(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 construction design under section 2807 of title 
10, United States Code, $154,335,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, plan-
ning and design, and improvement of military 
family housing and facilities, $636,099,000. 
(B) For support of military family housing 
(including the functions described in section 
2833 
of 
title 
10, 
United 
States 
Code), 
$928,907,000.
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(6) For the construction of phase 3 of a barracks 
complex renewal, Capron Road, Schofield Barracks, 
Hawaii, authorized by section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 2003 
(division B of Public Law 107–314; 116 Stat. 2681), 
$48,000,000. 
(7) For the construction of phase 3 of a mainte-
nance complex at Fort Sill, Oklahoma, authorized by 
section 2101(a) of the Military Construction Author-
ization Act for Fiscal Year 2003 (division B of Public 
Law 107–314; 116 Stat. 2681), as amended by section 
2106 of this Act, $13,100,000. 
(8) For the construction of phase 2 of a barracks 
complex, 5th and 16th Street, at Fort Stewart/Hunter 
Army Air Field, Georgia, authorized by section 
2101(a) of the Military Construction Authorization 
Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1697), as amended by section 
2105 of this Act, $32,950,000. 
(9) For the construction of phase 2 of the Lewis 
and Clark instructional facility, at Fort Leavenworth, 
Kansas, authorized by section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 2004 
(division B of Public Law 108–136; 117 Stat. 1697), 
$44,000,000.
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(10) For the construction of phase 2 of a bar-
racks complex at Wheeler Sack Army Air Field, Fort 
Drum, New York, authorized by section 2101(a) of the 
Military Construction Authorization Act for Fiscal 
Year 2004 (division B of Public Law 108–136; 117 
Stat. 1697), as amended by section 2105 of this Act, 
$48,000,000. 
(11) For the construction of phase 2 of a bar-
racks complex, Bastogne Drive, at Fort Bragg, North 
Carolina, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year 
2004 (division B of Public Law 108–136; 117 Stat. 
1697), $48,000,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2101 of this Act 
may not exceed— 
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection 
(a); 
(2) $41,000,000 (the balance of the amount au-
thorized under section 2101(a) for an upgrade to
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Drum Road at the Helemano Military Reservation, 
Hawaii); 
(3) $25,000,000 (the balance of the amount au-
thorized under section 2101(a) to construct a vehicle 
maintenance facility at Schofield Barracks, Hawaii); 
(4) $25,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a 
barracks complex, 42nd Street and Indiana Avenue, 
at Fort Campbell, Kentucky); 
(5) $22,000,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of 
a basic combat training complex at Fort Knox, Ken-
tucky); 
(6) $31,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a 
barracks complex, Blackjack Street, Fort Bragg, North 
Carolina); and 
(7) $25,500,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a 
library and learning center at the United States Mili-
tary Academy, New York).
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SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2004 PROJECTS. 
The table in section 2101(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2004 (division B 
of Public Law 108–136; 117 Stat. 1697) is amended— 
(1) in the item relating to Fort Stewart, Geor-
gia, by striking ‘‘$113,500,000’’ in the amount col-
umn and inserting ‘‘$114,450,000’’; 
(2) in the item relating to Fort Drum, New 
York, by striking ‘‘$130,700,000’’ in the amount col-
umn and inserting ‘‘$135,700,000’’; and 
(3) by striking the amount identified as the total 
in 
the 
amount 
column 
and 
inserting 
‘‘$1,043,150,000’’. 
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2003 PROJECT. 
The table in section 2101(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2003 (division B 
of Public Law 107–314; 116 Stat. 2681), as amended by 
section 2105(a)(2) of the Military Construction Authoriza-
tion Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1701), is further amended— 
(1) in the item relating to Fort Sill, Oklahoma, 
by striking ‘‘$39,652,000’’ in the amount column and 
inserting ‘‘$40,752,000’’; and
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(2) by striking the amount identified as the total 
in 
the 
amount 
column 
and 
inserting 
‘‘$1,157,267,000’’. 
TITLE XXII—NAVY 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2204(a)(1), the Secretary of the Navy may ac-
quire real property and carry out military construction 
projects for the installations and 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 .............
$26,670,000 
California .........................
Marine Corps Base, Camp Pendleton .......
$38,455,000 
Naval Air Facility, El Centro ...................
$54,331,000 
Recruit Depot, San Diego ..........................
$8,110,000 
Connecticut ......................
Naval Submarine Base, New London .......
$50,302,000 
District of Columbia .......
Naval Observatory, Washington ................
$3,239,000 
Florida ..............................
Eglin Air Force Base .................................
$2,060,000 
Naval Station, Mayport .............................
$6,200,000 
Georgia .............................
Strategic 
Weapons 
Facility 
Atlantic, 
Kings Bay ...............................................
$16,000,000 
Illinois ..............................
Naval Training Station, Great Lakes ......
$74,781,000 
Maine ................................
Naval Air Station, Brunswick ..................
$4,690,000 
Portsmouth Naval Station .........................
$7,860,000 
Maryland ..........................
Naval Surface Warfare Center, Indian 
Head ........................................................
$13,900,000 
Mississippi .......................
Naval Construction Battalion Center, 
Gulfport ...................................................
$4,350,000 
Nevada ..............................
Naval Air Station, Fallon .........................
$4,980,000 
North Carolina ................
Marine Corps Air Station, New River .....
$35,140,000 
Marine Corps Base, Camp Lejeune ...........
$13,420,000 
Washington County ....................................
$136,900,000 
Rhode Island ....................
Naval Station Newport ..............................
$9,080,000 
South Carolina ................
Naval Weapons Station, Charleston ..........
$18,140,000 
Virginia ............................
Camp Elmore Marine Corps Detachment 
$13,500,000 
Marine Corps Base, Quantico ...................
$46,270,000 
Naval Air Station, Oceana ........................
$2,770,000 
Naval Amphibious Base, Little Creek .......
$2,850,000 
Naval Station, Norfolk ...............................
$4,330,000 
Naval Weapons Station, Yorktown ...........
$9,870,000 
Washington ......................
Naval Shipyard Puget Sound, Bremerton 
$20,305,000 
Naval Station, Bremerton ..........................
$74,125,000
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Navy: Inside the United States—Continued 
State 
Installation or location 
Amount 
Strategic Weapons Facility Pacific, Ban-
gor ............................................................
$131,090,000 
Total ....................................................
$833,718,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(2), the Secretary of the Navy may 
acquire real property and carry out military construction 
projects for the locations outside the United States, and in 
the amounts, set forth in the following table: 
Navy: Outside the United States 
Country 
Installation or location 
Amount 
Diego Garcia ....................
Naval Support Facility, Diego Garcia .......
$17,500,000 
Guam ................................
Naval Station, Guam ...................................
$33,200,000 
Italy ..................................
Sigonella ........................................................
$22,550,000 
Total ......................................................
$73,250,000 
(c) UNSPECIFIED WORLDWIDE.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2204(a)(3), the Secretary of the Navy may ac-
quire real property and carry out military construction 
projects for the installations or locations, and in the 
amount, set forth in the following table: 
Navy: Unspecified Worldwide 
Location 
Installation or location 
Amount 
Worldwide Unspecified ....
Unspecified Worldwide .................................
$52,658,000 
Total ......................................................
$52,658,000 
SEC. 2202. FAMILY HOUSING. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2204(a)(6)(A), the Sec-
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retary of the Navy may construct or acquire family housing 
units (including land acquisition and supporting facilities) 
at the installations or locations, for the purposes, and in 
the amounts set forth in the following table: 
Navy: Family Housing 
State 
Installation or Location 
Purpose 
Amount 
North Carolina ................
Marine Corps Air Station, 
Cherry Point ....................
198 Units .....
$27,002,000 
Total ....
$27,002,000 
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 author-
ization of appropriations in section 2204(a)(6)(A), the Sec-
retary of the Navy may improve existing military family 
housing units in an amount not to exceed $112,105,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—Funds are hereby authorized to be 
appropriated for fiscal years beginning after September 30, 
2004, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the 
Navy in the total amount of $1,843,716,000, as follows: 
(1) For military construction projects inside the 
United 
States 
authorized 
by 
section 
2201(a), 
$694,338,000.
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(2) For military construction projects outside the 
United 
States 
authorized 
by 
section 
2201(b), 
$73,250,000. 
(3) For military construction projects at unspec-
ified worldwide locations authorized by section 
2201(c), $18,560,000. 
(4) For unspecified minor military construction 
projects authorized by section 2805 of title 10, United 
States Code, $12,000,000. 
(5) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $87,067,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, plan-
ning and design, and improvement of military 
family housing and facilities, $139,107,000. 
(B) For support of military family housing 
(including functions described in section 2833 of 
title 10, United States Code), $704,504,000. 
(7) For the construction of phase 2 of the ter-
tiary sewage treatment plant at Marine Corps Base, 
Camp Pendleton, California, authorized by section 
2201(a) of the Military Construction Authorization 
Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1703), $25,690,000.
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(8) For the construction of phase 2 of the general 
purpose berthing pier at Naval Weapons Station, 
Earle, New Jersey, authorized by section 2201(a) of 
the Military Construction Authorization Act for Fis-
cal Year 2004, $49,200,000. 
(9) For the construction of phase 2 of pier 11 re-
placement at Naval Station, Norfolk, Virginia, au-
thorized by section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2004, 
$40,000,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2201 of this Act 
may not exceed— 
(1) the total amount authorized to be appro-
priated under paragraphs (1), (2), and (3) of sub-
section (a); 
(2) $21,000,000 (the balance of the amount au-
thorized under section 2201(a) for the replacement of 
an aircraft parking apron and hangar at Naval Air 
Facility El Centro, California); 
(3) $70,000,000 (the balance of the amount au-
thorized under section 2201(a) to acquire land inter-
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ests for an outlying landing field in Washington 
County, North Carolina); 
(4) $95,320,000 (the balance of the amount au-
thorized under section 2201(a) for construction of a 
limited area production and storage complex at the 
Strategic Weapons Facility Pacific, Bangor, Wash-
ington); and 
(5) $40,000,000 (the balance of the amount au-
thorized under section 2201(a) for the construction of 
a bachelor enlisted quarters at Naval Station Brem-
erton, Washington). 
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2004 PROJECTS. 
The table in section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2004 (division B 
of Public Law 108–136; 117 Stat. 1703) is amended— 
(1) in the item relating to Various Locations, 
CONUS, by striking ‘‘$56,360,000’’ in the amount 
column and inserting ‘‘$61,510,000’’; and 
(2) by striking the amount identified as the total 
in 
the 
amount 
column 
and 
inserting 
‘‘$1,341,022,000’’.
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TITLE XXIII—AIR FORCE 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2304(1), the Secretary of the Air Force may ac-
quire real property and carry out military construction 
projects for the installations and 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 .......................................
Elmendorf Air Force Base ...................
$54,057,000 
Arizona .....................................
Davis-Monthan Air Force Base ..........
$10,029,000 
Luke Air Force Base ............................
$10,000,000 
Arkansas ...................................
Little Rock Air Force Base ..................
$5,031,000 
California .................................
Beale Air Force Base ...........................
$10,186,000 
Edwards Air Force Base .....................
$9,965,000 
Travis Air Force Base .........................
$15,244,000 
Colorado ....................................
Buckley Air Force Base .......................
$12,247,000 
Delaware ...................................
Dover Air Force Base ...........................
$9,500,000 
Florida ......................................
Patrick Air Force Base ........................
$8,800,000 
Georgia ......................................
Moody Air Force Base .........................
$9,600,000 
Robins Air Force Base .........................
$15,000,000 
Hawaii ......................................
Hickam Air Force Base .......................
$34,400,000 
Maui Site ..............................................
$7,500,000 
Louisiana ..................................
Barksdale Air Force Base ....................
$13,800,000 
Maryland ..................................
Andrews Air Force Base ......................
$17,100,000 
Mississippi ................................
Columbus Air Force Base ....................
$7,700,000 
Montana ....................................
Malmstrom Air Force Base .................
$5,600,000 
Nebraska ...................................
Offut Air Force Base ............................
$6,721,000 
New Mexico ...............................
Cannon Air Force Base .......................
$9,500,000 
North Carolina .........................
Pope Air Force Base ............................
$15,150,000 
North Dakota ............................
Minot Air Force Base ..........................
$9,900,000 
Ohio ...........................................
Wright-Patterson Air Force Base .......
$9,200,000 
Oklahoma ..................................
Altus Air Force Base ............................
$10,500,000 
Tinker Air Force Base .........................
$8,000,000 
South Carolina .........................
Shaw Air Force Base ...........................
$3,300,000 
South Dakota ...........................
Ellsworth Air Force Base ....................
$11,800,000 
Tennessee ...................................
Arnold Air Force Base .........................
$22,000,000 
Texas .........................................
Dyess Air Force Base ...........................
$11,000,000 
Lackland Air Force Base .....................
$2,596,000 
Sheppard Air Force Base ....................
$50,284,000 
Utah ..........................................
Hill Air Force Base .............................
$20,813,000 
Wyoming ...................................
F.E. Warren Air Force Base ...............
$5,500,000 
Total ......................................................
$452,023,000
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(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2304(2), the Secretary of the Air Force may 
acquire real property and carry out military construction 
projects for the installations and 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 
Germany ...................................
Ramstein Air Base ...............................
$25,404,000 
Greenland .................................
Thule Air Base .....................................
$19,800,000 
Guam ........................................
Andersen Air Base ...............................
$19,593,000 
Italy ..........................................
Aviano Air Base ...................................
$6,760,000 
Korea .........................................
Kunsan Air Base ..................................
$37,100,000 
Osan Air Base ......................................
$18,600,000 
Portugal ....................................
Lajes Field, Azores ...............................
$5,689,000 
United Kingdom ......................
Royal Air Force, Lakenheath ..............
$5,500,000 
Total ..............................................
$138,446,000 
(c) UNSPECIFIED WORLDWIDE.—Using amounts ap-
propriated pursuant to the authorization of appropriations 
in section 2304(3), the Secretary of the Air Force may ac-
quire real property and carry out military construction 
projects for the installations and locations, and in the 
amounts, set forth in the following table: 
Air Force: Unspecified Worldwide 
Location 
Installation or location 
Amount 
Worldwide Classified ...............
Worldwide Unspecified Classified .......
$28,794,000 
Worldwide Unspecified ............
Worldwide Unspecified ........................
$26,121,000 
Total ..............................................
$54,915,000 
SEC. 2302. FAMILY HOUSING. 
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using 
amounts appropriated pursuant to the authorization of ap-
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propriations in section 2304(6)(A), the Secretary of the Air 
Force may construct or acquire family housing units (in-
cluding land acquisition and supporting facilities) at the 
installations or locations, for the purposes, and in the 
amounts set forth in the following table: 
Air Force: Family Housing 
State 
Installation or location 
Purpose 
Amount 
Arizona ............................
Davis-Monthan Air Force 
Base ..................................
250 Units .....
$48,500,000 
California ........................
Edwards Air Force Base .....
218 Units .....
$41,202,000 
Vandenberg Air Force Base 
120 Units .....
$30,906,000 
Florida .............................
MacDill Air Force Base ......
61 Units .......
$21,723,000 
MacDill Air Force Base ......
Housing 
Mainte-
nance Fa-
cility.
$1,250,000 
Idaho ................................
Mountain Home Air Force 
Base ..................................
147 Units .....
$39,333,000 
Mississippi .......................
Columbus Air Force Base ...
Family 
Housing 
Manage-
ment Fa-
cility.
$711,000 
Missouri ...........................
Whiteman Air Force Base ...
160 Units .....
$37,087,000 
Montana ...........................
Malmstrom Air Force Base
115 Units .....
$29,910,000 
North Carolina ................
Seymour Johnson Air Force 
Base ..................................
167 Units .....
$32,693,000 
North Dakota ...................
Grand Forks Air Force Base 
90 Units .......
$26,169,000 
Minot Air Force Base ..........
142 Units .....
$37,087,000 
South Carolina ................
Charleston Air Force Base ..
Fire Station 
$1,976,000 
South Dakota ..................
Ellsworth Air Force Base ....
75 Units .......
$21,482,000 
Texas ................................
Dyess Air Force Base ..........
127 Units .....
$28,664,000 
Goodfellow Air Force Base ..
127 Units .....
$20,604,000 
Germany ..........................
Ramstein Air Base ..............
144 Units .....
$57,691,000 
Italy .................................
Aviano Air Base ..................
Family 
Housing 
Office.
$2,542,000 
Korea ................................
Osan Air Base ......................
117 Units .....
$46,834,000 
United Kingdom .............
Royal Air Force, 
Lakenheath.
154 Units .....
$43,976,000 
Total ....
$570,340,000 
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in 
section 2304(6)(A), the Secretary of the Air Force may 
carry out architectural and engineering services and con-
struction design activities with respect to the construction
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or improvement of military family housing units in an 
amount not to exceed $38,266,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, Unites States Code, 
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2304(6)(A), the Sec-
retary of the Air Force may improve existing military fam-
ily housing units in an amount not to exceed $238,353,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 
FORCE. 
(a) AUTHORIZATION OF APPROPRIATION.—Funds are 
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2004, for military construction, 
land acquisition, and military family housing functions of 
the Department of the Air Force in the total amount of 
$2,485,542,000, as follows: 
(1) For military construction projects inside the 
United 
States 
authorized 
by 
section 
2301(a), 
$452,023,000. 
(2) For military construction projects outside the 
United 
States 
authorized 
by 
section 
2301(b), 
$138,446,000.
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(3) For military construction projects at unspec-
ified worldwide locations authorized by section 
2301(c), $54,915,000. 
(4) For unspecified minor construction projects 
authorized by section 2805 of title 10, United States 
Code, $13,000,000. 
(5) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $124,085,000. 
(6) For military housing functions: 
(A) For construction and acquisition, plan-
ning and design, and improvement of military 
family housing and facilities, $846,959,000. 
(B) For support of military family housing 
(including functions described in section 2833 of 
title 10, United States Code), $856,114,000. 
(b) OFFSET FOR CERTAIN MILITARY CONSTRUCTION 
PROJECT.—The amount authorized to be appropriated by 
section 421 for military personnel is hereby reduced by 
$5,500,000, with the amount of the reduction to be derived 
from excess amounts authorized for military personnel of 
the Air Force.
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TITLE XXIV—DEFENSE 
AGENCIES 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated 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 and locations inside the United States, 
and in the amounts, set forth in the following table: 
Defense Agencies: Inside the United States 
Agency 
Installation or location 
Amount 
Defense Intelligence Agency .....
Bolling Air Force Base, District of 
Columbia ...........................................
$6,000,000 
Defense Logistics Agency .........
Defense 
Distribution 
Depot, 
New 
Cumberland, Pennsylvania .............
$22,300,000 
Defense Distribution Depot, Rich-
mond, Virginia .................................
$10,100,000 
Defense Fuel Support Point, Naval 
Air Station Oceana, Virginia .........
$3,589,000 
Marine Corps Air Station, Cherry 
Point, North Carolina .....................
$22,700,000 
Naval Air Station, Kingsville, Texas
$3,900,000 
Naval Station, Pearl Harbor, Hawaii 
$3,500,000 
Tinker Air Force Base, Oklahoma ......
$5,400,000 
Travis Air Force Base, California ......
$15,100,000 
Missile Defense Agency ............
Huntsville, Alabama ............................
$19,560,000 
National Security Agency .......
Fort Meade, Maryland .........................
$15,007,000 
Special Operations Command 
Corona, California ...............................
$13,600,000 
Fleet Combat Training Center, Dam 
Neck, Virginia ..................................
$5,700,000 
Fort A.P. Hill, Virginia ......................
$1,500,000 
Fort Bragg, North Carolina ................
$42,888,000 
Fort Campbell, Kentucky .....................
$3,500,000 
Fort Stewart/Hunter Army Air Field, 
Georgia ..............................................
$17,600,000 
Naval Air Station, North Island, 
California .........................................
$1,000,000 
Naval Amphibious Base, Little Creek, 
Virginia .............................................
$33,200,000 
Stennis Center, Mississippi .................
$6,000,000 
Tri-Care Management Activity 
Buckley Air Force Base, Colorado ......
$2,100,000 
Fort Belvoir, Virginia ..........................
$100,000,000 
Fort Benning, Georgia .........................
$7,100,000 
Jacksonville, Florida ............................
$28,438,000 
Langley Air Force Base, Virginia ......
$50,800,000 
Marine Corps Recruit Depot, Parris 
Island, South Carolina ....................
$25,000,000
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Defense Agencies: Inside the United States—Continued 
Agency 
Installation or location 
Amount 
Total ..............................................
$465,582,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(2), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations and locations outside the 
United States, and in the amounts, set forth in the following 
table: 
Defense Agencies: Outside the United States 
Agency 
Installation or location 
Amount 
Defense Education Agency ......
Grafenwoehr, Germany ........................
$36,247,000 
Vilseck, Germany ..................................
$9,011,000 
Naval Station, Guam ...........................
$26,964,000 
Defense Logistics Agency .........
Defense Fuel Support Point, Lajes 
Field, Portugal.
$19,113,000 
Special Operations Command 
Naval Station, Guam, Marianas Is-
lands.
$2,200,000 
Tri-Care Management Activity 
Diego Garcia .........................................
$3,800,000 
Grafenwoehr, Germany ........................
$13,000,000 
Total ..............................................
$110,335,000 
(c) UNSPECIFIED WORLDWIDE.—Using the amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(3), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations and locations, and in the 
amounts, set forth in the following table: 
Defense Agencies: Unspecified Worldwide 
Location 
Installation or location 
Amount 
Worldwide Classified ...............
Worldwide Unspecified Classified .......
$7,400,000 
Worldwide Unspecified ............
Worldwide Unspecified ........................
$2,900,000 
Total ..............................................
$10,300,000
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SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States Code, 
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2404(a)(9)(A), the Sec-
retary of Defense may improve existing military family 
housing units in an amount not to exceed $49,000. 
SEC. 2403. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2404(a)(7), the Sec-
retary of Defense may carry out energy conservation 
projects under section 2865 of title 10, United States Code, 
in the amount of $60,000,000. 
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 
AGENCIES. 
(a) IN GENERAL.—Funds are hereby authorized to be 
appropriated for fiscal years beginning after September 30, 
2004, for military construction, land acquisition, and mili-
tary family housing functions of the Department of Defense 
(other than the military departments) in the total amount 
of $1,062,463,000, as follows: 
(1) For military construction projects inside the 
United 
States 
authorized 
by 
section 
2401(a), 
$408,582,000.
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(2) For military construction projects outside the 
United 
States 
authorized 
by 
section 
2401(b), 
$110,335,000. 
(3) For the military construction projects at un-
specified worldwide locations authorized by section 
2401(c), $10,300,000. 
(4) For unspecified minor military construction 
projects under section 2805 of title 10, United States 
Code, $20,938,000. 
(5) For contingency construction projects of the 
Secretary of Defense under section 2804 of title 10, 
United States Code, $10,000,000. 
(6) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $62,182,000. 
(7) For energy conservation projects authorized 
by section 2404, $60,000,000. 
(8) For base closure and realignment activities 
as authorized by the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public 
Law 101–510; 10 U.S.C. 2687 note), $246,116,000. 
(9) For military family housing functions: 
(A) For improvement of military family 
housing and facilities, $49,000.
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(B) For support of military family housing 
(including functions described in section 2833 of 
title 10, United States Code), $49,575,000. 
(C) For credit to the Department of Defense 
Family Housing Improvement Fund established 
by section 2883(a)(1) of title 10, United States 
Code, $2,500,000. 
(10) For the construction of phase 6 of a muni-
tions demilitarization facility at Pueblo Chemical Ac-
tivity, 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 Mili-
tary Construction Authorization Act for Fiscal Year 
2000 (division B of Public Law 106–65; 113 Stat. 
839) and section 2407 of the Military Construction 
Authorization Act for Fiscal Year 2003 (division B of 
Public Law 107–314; 116 Stat. 2698), $44,792,000. 
(11) For the construction of phase 5 of a muni-
tions demilitarization facility at Blue Grass Army 
Depot, Kentucky, authorized by section 2401(a) of the 
Military Construction Authorization Act for Fiscal 
Year 2000 (division B of Public Law 106–65; 113 
Stat. 835), as amended by section 2405 of the Mili-
tary Construction Authorization Act of 2002 (division
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HR 4200 EAS/PP 
B of Public Law 107–107; 115 Stat. 1298) and sec-
tion 2405 of the Military Construction Authorization 
Act for Fiscal Year 2003 (division B of Public Law 
107–314; 116 Stat. 2698), $37,094,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2401 of this Act 
may not exceed— 
(1) the total amount authorized to be appro-
priated under paragraphs (1), (2), and (3) of sub-
section (a); and 
(2) $57,000,000 (the balance of the amount au-
thorized under section 2401(a) for the replacement of 
a hospital at Fort Belvoir, Virginia). 
TITLE 
XXV—NORTH 
ATLANTIC 
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
The Secretary of Defense may make contributions for 
the North Atlantic Treaty Organization Security Invest-
ment program as provided in section 2806 of title 10,
585 
HR 4200 EAS/PP 
United States Code, in an amount not to exceed the sum 
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the 
North Atlantic Treaty Organization as a result of construc-
tion previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2004, for contribu-
tions by the Secretary of Defense under section 2806 of title 
10, United States Code, for the share of the United States 
of the cost of projects for the North Atlantic Treaty Organi-
zation Security Investment program authorized by section 
2501, in the amount of $165,800,000. 
TITLE XXVI—GUARD AND 
RESERVE FORCES FACILITIES 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
There are authorized to be appropriated for fiscal 
years beginning after September 30, 2004, 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), the following amounts: 
(1) For the Department of the Army—
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(A) for the Army National Guard of the 
United States, $361,072,000; and 
(B) for the Army Reserve, $63,047,000. 
(2) For the Department of the Navy, for the 
Naval and Marine Corps Reserve, $25,285,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the 
United States, $214,418,000; and 
(B) for the Air Force Reserve, $99,206,000. 
TITLE XXVII—EXPIRATION AND 
EXTENSION OF AUTHORIZA-
TIONS 
SEC. 
2701. 
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 author-
izations contained in titles XXI through XXVI for military 
construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment program 
(and authorizations of appropriations therefor) shall expire 
on the later of— 
(1) October 1, 2007; or
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HR 4200 EAS/PP 
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year 
2008. 
(b) EXCEPTION.—Subsection (a) shall not apply to au-
thorizations for military construction projects, land acqui-
sition, family housing projects and facilities, and contribu-
tions to the North Atlantic Treaty Organization Security 
Investment program (and authorizations of appropriations 
therefor) for which appropriated funds have been obligated 
before the later of— 
(1) October 1, 2007; or 
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2008 for military construc-
tion projects, land acquisition, family housing 
projects and facilities, and contributions to the North 
Atlantic Treaty Organization Security Investment 
program. 
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN 
FISCAL YEAR 2002 PROJECTS. 
(a) EXTENSION
OF CERTAIN PROJECTS.—Notwith-
standing section 2701 of the National Defense Authorization 
Act for Fiscal Year 2001 (division B of Public Law 107– 
107; 115 Stat. 1301), authorizations set forth in the tables 
in subsection (b), as provided in section 2101 or 2302 of 
that Act, shall remain in effect until October 1, 2005, or
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the date of the enactment of an Act authorizing funds for 
military construction for fiscal year 2006, whichever is 
later. 
(b) TABLES.—The tables referred to in subsection (a) 
are as follows: 
Army: Extension of 2002 Project Authorizations 
State 
Installation or loca-
tion 
Project 
Amount 
Alaska ..............................
Fort Wainwright ............
Power Plant 
Cooling 
Tower ............
$23,000,000 
Hawaii ............................
Pohakuloa Training 
Area ............................
Parker Ranch 
Land Acqui-
sition ............
$1,500,000 
Air Force: Extension of 2002 Project Authorizations 
State 
Installation or loca-
tion 
Project 
Amount 
Colorado ..........................
Buckley Air Force Base
Construct Fam-
ily Housing 
(55 Units) ....
$11,400,000 
Louisiana ........................
Barksdale Air Force 
Base ............................
Replace Family 
Housing (56 
Units) ...........
$7,300,000 
SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN 
FISCAL YEAR 2001 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2701 of the 
Military Construction Authorization Act for Fiscal Year 
2001 (division B of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law 
by Public Law 106–398; 114 Stat. 1654A–407)), authoriza-
tions set forth in the table in subsection (b), as provided 
in section 2102 of that Act and extended by section 2702 
of the Military Construction Authorization Act for Fiscal
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Year 2004 (division B of Public Law 108–136; 117 Stat. 
1716), shall remain in effect until October 1, 2005, or the 
date of the enactment of an Act authorizing funds for mili-
tary construction for fiscal year 2006, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is 
as follows: 
Army: Extension of 2001 Project Authorization 
State 
Installation or loca-
tion 
Project 
Amount 
South Carolina ...............
Fort Jackson ..................
New Construc-
tion–Family 
Housing (1 
Unit) .............
$250,000 
SEC. 2704. EFFECTIVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of 
this Act shall take effect on the later of— 
(1) October 1, 2004; or 
(2) the date of the enactment of this Act. 
TITLE XXVIII—GENERAL 
PROVISIONS 
Subtitle A—Military Construction 
Program and Military Family 
Housing Changes 
SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED 
MINOR MILITARY CONSTRUCTION PROJECTS. 
(a) INCREASE.—Section 2805(a)(1) of title 10, United 
States Code, is amended— 
(1) by striking ‘‘$1,500,000’’ and inserting 
‘‘$2,500,000’’; and
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(2) by striking ‘‘$3,000,000’’ and inserting 
‘‘$4,000,000’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on October 1, 2004. 
SEC. 2802. MODIFICATION OF APPROVAL AND NOTICE RE-
QUIREMENTS 
FOR 
FACILITY 
REPAIR 
PROJECTS. 
(a) INCREASE IN THRESHOLD FOR APPROVAL RE-
QUIREMENT.—Subsection (b) of section 2811 of title 10, 
United States Code, is amended by striking ‘‘$5,000,000’’ 
and inserting ‘‘$7,500,000’’. 
(b) INFORMATION REQUIRED IN COST ESTIMATE FOR 
MULTI-YEAR PROJECTS.—Subsection (d)(1) of such section 
is amended by inserting before the semicolon the following: 
‘‘, including, in the case of a multi-year repair project to 
a single facility, the total cost of all phases of such project’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2004. 
SEC. 2803. ADDITIONAL REPORTING REQUIREMENTS RE-
LATING TO ALTERNATIVE AUTHORITY FOR 
ACQUISITION AND IMPROVEMENT OF MILI-
TARY HOUSING. 
(a) PROJECT REPORTS.—Paragraph (2) of subsection 
(a) of section 2884 of title 10, United States Code, is 
amended to read as follows:
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‘‘(2) The report on a proposed contract, conveyance, 
or lease under paragraph (1) shall include the following: 
‘‘(A) A description of the contract, conveyance, 
or lease, including a summary of the terms of the con-
tract, conveyance, or lease. 
‘‘(B) A description of the authorities to be uti-
lized in entering into the contract, conveyance, or 
lease and the intended method of participation of the 
United States in the contract, conveyance, or lease 
(including a justification of the intended method of 
participation). 
‘‘(C) A statement of the scored cost of the con-
tract, conveyance, or lease (as determined by the Of-
fice of Management and Budget). 
‘‘(D) A statement of the United States funds re-
quired for the contract, conveyance, or lease and a de-
scription of the source of such funds. 
‘‘(E) An economic assessment of the life cycle 
costs of the contract, conveyance, or lease, including 
an estimate of the amount of United States funds that 
would be paid over the life of the contract, convey-
ance, or lease from amounts derived from payments 
of government allowances (including basic allowance 
for housing under section 403 of title 37) if the hous-
ing affected by the project were fully occupied by
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military personnel over the life of the contract, con-
veyance, or lease.’’. 
(b) ANNUAL REPORTS.—Subsection (b) of such section 
is amended— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing new paragraph (5): 
‘‘(5) A report setting forth— 
‘‘(A) an estimate of the amounts of basic al-
lowance for housing under section 403 of title 37 
that will be paid during the fiscal year in which 
the budget is submitted to members of the armed 
forces living in housing provided under the au-
thorities in this subchapter during such fiscal 
year, set forth by armed force; and 
‘‘(B) an estimate of the amounts of basic al-
lowance for housing that will be paid during the 
fiscal year for which the budget is submitted to 
members of the armed forces living in such hous-
ing during such fiscal year, set forth by armed 
force.’’.
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SEC. 2804. MODIFICATION OF AUTHORITIES UNDER ALTER-
NATIVE AUTHORITY FOR ACQUISITION AND 
IMPROVEMENT OF MILITARY HOUSING. 
(a) REQUIREMENTS FOR CONTRACTS FOR LEASING OF 
HOUSING.—Section 2874 of title 10, United States Code, 
is amended by striking subsection (b) and inserting the fol-
lowing new subsection (b): 
‘‘(b) CONTRACT TERMS.—Any contract for the lease of 
housing units under subsection (a) shall include the fol-
lowing provisions: 
‘‘(1) That the obligation of the United States to 
make payments under such contract in any fiscal 
year shall be subject to appropriations being available 
for such fiscal year and specifically for the project 
covered by such contract. 
‘‘(2) A commitment to obligate the necessary 
amount for a fiscal year covered by such contract 
when and to the extent that funds are appropriated 
for the project covered by such contract. 
‘‘(3) That the commitment described in para-
graph (2) does not constitute an obligation of the 
United States.’’. 
(b) INVESTMENTS SUBJECT TO AVAILABILITY OF AP-
PROPRIATIONS.—Section 2875(a) of such title is amended 
by inserting ‘‘, subject to the availability of appropriations 
for such purpose,’’ after ‘‘may’’.
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(c) REPEAL OF CERTAIN AUTHORITIES.— 
(1) RENTAL GUARANTEES.—Section 2876 of such 
title is repealed. 
(2) DIFFERENTIAL
LEASE
PAYMENTS.—Section 
2877 of such title is repealed. 
(3) ASSIGNMENT OF MEMBERS OF THE ARMED 
FORCES TO HOUSING UNITS.—Section 2882 of such 
title is repealed. 
(d) INCREASE IN AMOUNT OF BUDGET AUTHORITY 
FOR MILITARY FAMILY HOUSING.—Section 2883(g)(1) of 
such title is amended by striking ‘‘$850,000,000’’ and in-
serting ‘‘$850,000,001’’. 
(e) CLERICAL AMENDMENTS.—The table of sections at 
the beginning of subchapter IV of chapter 169 of such title 
is amended by striking the items relating to sections 2876, 
2877, and 2882. 
Subtitle B—Real Property and 
Facilities Administration 
SEC. 2811. RECODIFICATION AND CONSOLIDATION OF CER-
TAIN AUTHORITIES AND LIMITATIONS RELAT-
ING TO REAL PROPERTY ADMINISTRATION. 
(a) CERTAIN PROVISIONS ON LAND ACQUISITION.— 
(1) RECODIFICATION.—Section 2661 of title 10, 
United States Code, is amended by adding at the end 
the following new subsections:
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‘‘(c) 
COMMISSIONS
ON
LAND
PURCHASE
CON-
TRACTS.—The maximum amount payable as a commission 
on a contract for the purchase of land from funds appro-
priated for the Department of Defense is 2 percent of the 
purchase price. 
‘‘(d) AVAILABILITY OF FUNDS FOR ACQUISITION OF 
CERTAIN INTERESTS IN LANDS.—Appropriations available 
to the Department of Defense for operation and mainte-
nance or construction may be used for the following: 
‘‘(1) The acquisition of land or interests in land 
under section 2672 of this title. 
‘‘(2) The acquisition of interests in land under 
section 2675 of this title.’’. 
(2) STYLISTIC
AMENDMENTS.—Such section is 
further amended— 
(A) in subsection (a), by inserting ‘‘AVAIL-
ABILITY OF FUNDS FOR REPAIR OF FACILITIES 
AND
FOR
INSTALLATION
OF
EQUIPMENT.—’’ 
after ‘‘(a)’’; and 
(B) in subsection (b), by inserting ‘‘LEASES; 
DEFENSE ACCESS ROADS.—’’ after ‘‘(b)’’. 
(b) CERTAIN PROVISIONS ON USE OF FACILITIES.— 
Section 2679 of such title is amended to read as follows:
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‘‘§ 2679. Use of facilities: use by private organizations; 
use as polling places 
‘‘(a) USE OF SPACE AND EQUIPMENT BY VETERANS 
SERVICE ORGANIZATIONS.—(1) Upon certification to the 
Secretary concerned by the Secretary of Veterans Affairs, 
the Secretary concerned shall allow accredited, paid, full- 
time representatives of the organizations named in section 
5902 of title 38, or of other organizations recognized by the 
Secretary of Veterans Affairs, to function on military in-
stallations under the jurisdiction of the Secretary concerned 
that are on land and from which persons are discharged 
or released from active duty. 
‘‘(2) The commanding officer of a military installation 
allowing representatives to function on the installation 
under paragraph (1) shall allow the representatives to use 
available space and equipment at the installation. 
‘‘(3) The regulations prescribed to carry out section 
2679 of title 10, United States Code (as in effect on the 
day before the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2005), that are in effect 
on January 1, 1958, shall remain in effect until changed 
by joint action of the Secretary concerned and the Secretary 
of Veterans Affairs. 
‘‘(4) This subsection does not authorize the violation 
of measures of military security.
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‘‘(b) LICENSES TO AMERICAN NATIONAL RED CROSS 
FOR ERECTION AND USE OF BUILDINGS.—(1) Under such 
conditions as the Secretary concerned may prescribe, such 
Secretary may issue a revocable license to the American Na-
tional Red Cross to— 
‘‘(A) erect and maintain, on any military in-
stallation under the jurisdiction of such Secretary, 
buildings for the storage of supplies; or 
‘‘(B) use, for the storage of supplies, buildings 
erected by the United States. 
‘‘(2) Supplies stored in buildings erected or used under 
this subsection are available to aid the civilian population 
in a serious national disaster. 
‘‘(c) USE
OF
CERTAIN
FACILITIES
AS
POLLING 
PLACES.—(1) Notwithstanding chapter 29 of title 18 (in-
cluding sections 592 and 593 of such title) or any other 
provision of law, the Secretary of Defense or Secretary of 
a military department may not (except as provided in 
paragraph (3)) prohibit the designation or use of a quali-
fying facility under the jurisdiction of such Secretary as 
an official polling place for Federal, State, or local elec-
tions. 
‘‘(2) A Department of Defense facility is a qualifying 
facility for purposes of this subsection if as of December 
31, 2000—
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‘‘(A) the facility is designated as an official poll-
ing place by a State or local election official; or 
‘‘(B) the facility has been used as such an offi-
cial polling place since January 1, 1996. 
‘‘(3) The limitation in paragraph (1) may be waived 
by the Secretary of Defense or the Secretary of a military 
department with respect to a particular Department of De-
fense facility if such Secretary determines that local secu-
rity conditions require prohibition of the designation or use 
of that facility as an official polling place for any elec-
tion.’’. 
(c) REPEAL OF SUPERSEDED PROVISIONS.—Sections 
2666, 2670, and 2673 of such title are repealed. 
(d) CLERICAL AMENDMENTS.—The table of sections for 
chapter 159 of such title is amended— 
(1) by striking the items relating to sections 
2666, 2670, and 2673; and 
(2) by striking the item relating to section 2679 
and inserting the following new item: 
‘‘Sec. 2679. Use of facilities: use by private organizations; use as polling places.’’. 
SEC. 2812. MODIFICATION AND ENHANCEMENT OF AU-
THORITIES ON FACILITIES FOR RESERVE 
COMPONENTS. 
(a) INTERESTS IN LAND.— 
(1) DEFINITION
OF
TERM.—Section 18232 of 
title 10, United States Code, is amended—
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(A) by striking paragraph (2); 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) The term ‘facility’ includes any armory, 
readiness center, building, structure, or other im-
provement of real property needed for the administra-
tion and training of any unit of the reserve compo-
nents of the armed forces. 
‘‘(3) The term ‘interest in land’ includes a fee 
title, lease, easement, license, permit, or agreement on 
use of a parcel of real property needed for the admin-
istration and training of any unit of the reserve com-
ponents of the armed forces.’’. 
(2) 
UTILIZATION
OF
TERM.—(A) 
Section 
18231(1) of such title is amended by inserting before 
the semicolon the following: ‘‘, and the acquisition of 
interests in land for such purposes’’. 
(B) Section 18233 of such title is amended— 
(i) in subsection (a), by inserting ‘‘or inter-
ests in land’’ after ‘‘facilities’’ each place it ap-
pears; and 
(ii) in subsection (f)(2), by striking ‘‘real 
property’’ and inserting ‘‘interests in land’’.
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(C) Section 18233a(a)(1) of such title is amend-
ed by inserting ‘‘or interest in land’’ after ‘‘facility’’. 
(b) MODIFICATION AND ENHANCEMENT OF ACQUISI-
TION AUTHORITY.—Section 18233 of such title is further 
amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘and to’’ and inserting ‘‘chapters 159 
and 169 of this title, and’’; and 
(B) in paragraph (1), by striking ‘‘trans-
fer,’’ and inserting ‘‘transfer from a military de-
partment, another department or agency of the 
Federal Government, or a State agency,’’; and 
(2) in subsection (f)(2), by striking ‘‘exchange of 
Government-owned land, or otherwise’’ and inserting 
‘‘or exchange of Government-owned land’’. 
(c) AUTHORITY TO CARRY OUT SMALL PROJECTS.— 
(1) MODIFICATION OF LIMITATION ON AUTHOR-
ITY.—Section 18233a(a) of such title is further 
amended— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$1,500,000’’ and inserting ‘‘$750,000’’; and 
(B) in paragraph (2), by adding at the end 
the following new subparagraph:
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‘‘(D) A repair project (as that term is defined in 
section 2811(e) of this title) costing less than 
$10,000,000.’’. 
(2) RECODIFICATION OF AUTHORITY TO CARRY 
OUT WITH OPERATION AND MAINTENANCE FUNDS.— 
Chapter 1803 of title 10, United States Code, is 
amended by inserting after section 18233a the fol-
lowing new section: 
‘‘§ 18233b. Authority to carry out small projects with 
operation and maintenance funds 
‘‘Under such regulations as the Secretary of Defense 
may prescribe, the Secretary may spend, from appropria-
tions available for operation and maintenance, amounts 
necessary to carry out any project authorized under section 
18233(a) of this title costing not more than— 
‘‘(1) 
the 
amount 
specified 
in 
section 
2805(c)(1)(A) of this title, in the case of a project in-
tended solely to correct a deficiency that is life-threat-
ening, health-threatening, or safety-threatening; or 
‘‘(2) 
the 
amount 
specified 
in 
section 
2805(c)(1)(B) of this title, in the case of any other 
project.’’. 
(3) REPEAL OF SUPERSEDED AUTHORITY.—Sec-
tion 18233a of such title is amended by striking sub-
section (b).
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(4) CONFORMING AMENDMENTS.—Section 18233a 
of such title is further amended— 
(A) by striking ‘‘(1) Except as provided in 
paragraph (2)’’ and inserting ‘‘Except as pro-
vided in subsection (b)’’; and 
(B) by redesignating paragraph (2) as sub-
section (b) and in that subsection, as so redesig-
nated— 
(i) by striking ‘‘Paragraph (1)’’ and 
inserting ‘‘Subsection (a)’’; 
(ii) by redesignating subparagraphs 
(A), (B), (C), and (D) as paragraphs (1), 
(2), (3), and (4), respectively; and 
(iii) in paragraph (2), as so redesig-
nated— 
(I) by redesignating clauses (i) 
and (ii) as subparagraphs (A) and 
(B), respectively; and 
(II) in subparagraph (B), as so 
redesignated, by striking ‘‘(I) 25 per-
cent, or (II)’’ and inserting ‘‘(i) 25 
percent, or (ii)’’. 
(5) CLERICAL AMENDMENTS.—(A) The heading 
of section 18233a of such title is amended to read as 
follows:
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‘‘§ 18233a. Limitation on certain projects’’. 
(B) The table of sections at the beginning of 
chapter 1803 of such title is amended by striking the 
item relating to section 18233a and inserting the fol-
lowing new items: 
‘‘18233a. Limitation on certain projects. 
‘‘18233b. Authority to carry out small projects with operation and maintenance 
funds.’’. 
SEC. 2813. AUTHORITY TO EXCHANGE OR SELL RESERVE 
COMPONENT FACILITIES AND LANDS TO OB-
TAIN NEW RESERVE COMPONENT FACILITIES 
AND LANDS. 
(a) IN GENERAL.—The Secretary of Defense may au-
thorize each Secretary of a military department to carry 
out projects to assess the feasibility and advisability of ob-
taining new facilities and lands for the reserve components 
of such department through the exchange or sale of existing 
facilities or lands of such reserve components. 
(b) TRANSACTIONS AUTHORIZED.—Pursuant to the 
authority under subsection (a), the Secretary of a military 
department may carry out any transaction as follows: 
(1) An exchange of an existing facility or exist-
ing interest in land of a reserve component of such 
department for a new facility, an interest in land, or 
an addition to an existing facility for the reserve 
component.
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(2) A sale of an existing facility or existing in-
terest in land of a reserve component of such depart-
ment with the proceeds of sale used to acquire a new 
facility, an interest in land, or an addition to an ex-
isting facility for the reserve component. 
(3) A combination of an exchange and sale of an 
existing facility, interest in land, or both of a reserve 
component of such department with the use of the ex-
change allowance and proceeds of sale to acquire a fa-
cility, an interest in land, or an addition to an exist-
ing facility for the reserve component. 
(c) FACILITIES
AND LANDS SUBJECT
TO TRANS-
ACTION.—A facility or interest in land of a reserve compo-
nent that may be exchanged or sold pursuant to the author-
ity under subsection (a) is any facility or interest in land 
under the control of the military department concerned that 
is not excess property, as that term is defined in section 
102(3) of title 40, United States Code. 
(d) FAIR MARKET VALUE TO BE OBTAINED IN TRANS-
ACTION.—In any exchange or sale of an existing facility 
pursuant to the authority under subsection (a), the United 
States shall receive cash, a replacement facility or addition 
to an existing facility, an interest in land, or a combination 
thereof of in an amount not less than the fair market value
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of the existing facility, as determined by the Secretary of 
the military department concerned. 
(e) REQUIREMENTS FOR REPLACEMENT FACILITIES.— 
(1) A facility obtained as a replacement facility for an ex-
isting facility, or as an addition to an existing facility, 
pursuant to the authority under subsection (a) shall, as de-
termined by the Secretary of the military department con-
cerned— 
(A) be complete and usable, fully functional, and 
ready for occupancy, and satisfy fully all operational 
requirements of the existing facility; and 
(B) meet all applicable Federal, State, and local 
requirements relating to health, safety, fire, and the 
environment. 
(2) A facility obtained as a replacement facility for 
an existing facility, or as an addition to an existing facil-
ity, pursuant to the authority under subsection (a) shall 
meet the requirements specified in subparagraphs (A) and 
(B) of paragraph (1) before the conclusion of the exchange 
or sale of the existing facility concerned. 
(f) AGREEMENT REQUIRED.—The Secretary of a mili-
tary department shall carry out each transaction pursuant 
to the authority under subsection (a) through an agreement 
for that purpose entered into by such Secretary and the per-
son or entity carrying out the transaction.
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(g) SELECTION AMONG COMPETING PARTICIPANTS.— 
(1) If more than one person or entity notifies the Secretary 
of a military department of an interest in carrying out a 
transaction pursuant to the authority under subsection (a), 
the Secretary shall, except as provided in paragraph (2), 
select the person or entity to carry out the transaction 
through the use of competitive procedures. 
(2) The Secretary of a military department may use 
procedures other than competitive procedures to select 
among persons and entities to carry out a transaction pur-
suant to the authority under subsection (a), but only in 
accordance with subsections (c) through (f) of section 2304 
of title 10, United States Code. 
(h) NOTICE AND WAIT REQUIREMENT.—(1) The Sec-
retary of a military department may not enter into an 
agreement pursuant to the authority under subsection (a) 
until 30 days after the date on which such Secretary sub-
mits to the congressional defense committees a report on the 
agreement. 
(2) A report on an agreement under paragraph (1) 
shall include the following: 
(A) A description of terms of the agreement, in-
cluding a description of any funds to be received by 
the United States under the agreement and the pro-
posed use of such funds.
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(B) A description of the existing facility, interest 
in land, or both of a reserve component covered by the 
agreement, including the fair market value of such fa-
cility, interest in land, or both and the method of de-
termination of such fair market value. 
(C) Data on the facility or addition to an exist-
ing facility, if any, to be received by the United 
States under the agreement, which data shall meet re-
quirements for data to be provided Congress for mili-
tary construction projects to obtain a similar facility 
or addition to an existing facility. 
(D) A certification that the existing facility, in-
terest in land, or both of a reserve component covered 
by the agreement is not required by another military 
department. 
(3) Section 2662 of title 10, United States Code, shall 
not apply to any transaction carried out pursuant to the 
authority under subsection (a). 
(i) TREATMENT
OF FUNDS RECEIVED
IN TRANS-
ACTIONS.—(1) The Secretary of a military department 
shall deposit in a special account in the Treasury estab-
lished for such purpose pursuant to section 572(b) of title 
40, United States Code, any amounts received pursuant to 
an agreement entered into by such Secretary pursuant to 
the authority under subsection (a).
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(2) Amounts deposited by the Secretary of a military 
department under paragraph (1) in the account established 
by such Secretary under that paragraph with respect to an 
agreement shall be available to such Secretary, without fur-
ther appropriation, as follows: 
(A) For the construction or acquisition of facili-
ties, or of additions to existing facilities, for the re-
serve component concerned at the location to which 
such agreement applies. 
(B) To the extent that such amounts are not re-
quired for purposes of subparagraph (A), for mainte-
nance, protection, alteration, repair, improvement, or 
restoration (including environmental restoration) of 
facilities or property of the reserve component con-
cerned at the location to which such agreement ap-
plies. 
(3) Amounts available under paragraph (2) shall re-
main available until expended. 
(j) SOLE AUTHORITY FOR EXCHANGES OF FACILITIES 
AND LANDS.—Except as otherwise specifically authorized 
by law, during the period of the authority under subsection 
(a), the authority under that subsection to exchange facili-
ties or interests in land of the reserve components to obtain 
facilities, interests in land, or additions to facilities for the
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reserve components is the sole authority available in law 
for that purpose. 
(k) CONSTRUCTION WITH OTHER MILITARY CON-
STRUCTION LAWS.—Transactions pursuant to the authority 
under subsection (a) shall not be treated as military con-
struction projects requiring an authorization in law as oth-
erwise required by section 2802 of title 10, United States 
Code. 
(l) REPORT.—Not later than March 1, 2007, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on the exercise of the authority under 
subsection (a). The report shall include the following: 
(1) A description of the projects carried out 
under the authority. 
(2) A description of the analysis and criteria 
used to identify existing facilities and interests in 
land to be exchanged or sold under the authority. 
(3) An assessment of the utility to the Depart-
ment of Defense of the authority, including rec-
ommendations for modifications of such authority in 
order to enhance the utility of such authority for the 
Department. 
(4) An assessment of interest in future exchanges 
or sales in the event the authority is extended.
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(5) An assessment of the advisability of making 
the authority, including any modifications of the au-
thority recommended under paragraph (3), perma-
nent. 
(m) DEFINITIONS.—In this section: 
(1) The term ‘‘facility’’ includes an armory, 
readiness center, or other structure, and storage or 
other facilities, normally needed for the administra-
tion and training of a unit of a reserve component. 
(2) The terms ‘‘armory’’ and ‘‘readiness center’’ 
have the meanings given such terms in section 
18232(3) of title 10, United States Code. 
(n) EXPIRATION DATE.—No transaction may be com-
menced pursuant to the authority under subsection (a) after 
September 30, 2006. 
SEC. 2814. REPEAL OF AUTHORITY OF SECRETARY OF DE-
FENSE TO RECOMMEND THAT INSTALLA-
TIONS BE PLACED IN INACTIVE STATUS DUR-
ING 2005 ROUND OF DEFENSE BASE CLOSURE 
AND REALIGNMENT. 
Section 2914 of the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public Law 101– 
510; 10 U.S.C. 2687 note) is amended by striking subsection 
(c).
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Subtitle C—Land Conveyances 
SEC. 2821. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
DEFENSE SUPPLY CENTER, COLUMBUS, OHIO. 
(a) TRANSFER AUTHORIZED.—The Secretary of the 
Army may transfer, without reimbursement, to the Sec-
retary of Veterans Affairs administrative jurisdiction of a 
parcel of real property consisting of approximately 20 acres 
and comprising a portion of the Defense Supply Center in 
Columbus, Ohio. 
(b) USE OF PROPERTY.—The Secretary of Veterans Af-
fairs may only use the property transferred under sub-
section (a) as the site for the construction of a new out-
patient clinic for the provision of medical services to vet-
erans. 
(c) COSTS.—Any administrative costs in connection 
with the transfer of property under subsection (a), includ-
ing the costs of the survey required by subsection (e), shall 
be borne by the Secretary of Veterans Affairs. 
(d) RETURN OF JURISDICTION TO ARMY.—If at any 
time the Secretary of the Army determines that the property 
transferred under subsection (a) is not being utilized for 
the outpatient clinic described in subsection (b), then, at 
the election of the Secretary of the Army, the Secretary of 
Veterans Affairs shall return to the Secretary of the Army 
administrative jurisdiction of the property.
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(e) EXEMPTION FROM FEDERAL SCREENING.—The 
conveyance under subsection (a) is exempt from the require-
ment to screen the property for other Federal use pursuant 
to section 2693 of title 10, United States Code. 
(f) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be transferred 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary of the Army. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Army may require such additional terms and 
conditions in connection with the transfer under subsection 
(a) as the Secretary considers appropriate to protect the 
interests of the United States. 
SEC. 2822. LAND CONVEYANCE, BROWNING ARMY RESERVE 
CENTER, UTAH. 
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of 
the Army may convey, without consideration, to the State 
of Utah (in this section referred to as the ‘‘State’’) all right, 
title, and interest of the United States in and to a parcel 
of unimproved real property consisting of approximately 
10 acres and located at the Browning Army Reserve Center, 
Utah. 
(2) The purpose of the conveyance is to permit the De-
partment of Veterans Affairs of the State of Utah to con-
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struct and operate a facility for the provision of nursing 
care for veterans. 
(b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary may require the State to cover costs to be incurred 
by the Secretary, or to reimburse the Secretary for costs 
incurred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs related 
to environmental documentation, and other administrative 
costs related to the conveyance. If amounts paid to the Sec-
retary in advance exceed the costs actually incurred by the 
Secretary to carry out the conveyance, the Secretary shall 
refund the excess amount to the State. 
(2) Amounts received under paragraph (1) shall be 
credited to the fund or account that was used to cover the 
costs incurred by the Secretary. Amounts so credited shall 
be merged with amounts in such fund or account, and shall 
be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or ac-
count. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
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in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2823. LAND EXCHANGE, ARLINGTON COUNTY, VIR-
GINIA. 
(a) EXCHANGE AUTHORIZED.—(1) The Secretary of 
Defense may convey to Arlington County, Virginia (in this 
section referred to as the ‘‘County’’), all right, title, and 
interest of the United States in and to a parcel of real prop-
erty, together with any improvements thereon, consisting of 
not more than 4.5 acres and located along the western 
boundary of the Navy Annex property, Virginia, for the 
purpose of the construction of a freedmen heritage museum 
and an Arlington history museum. 
(2) The size of the parcel of real property conveyed 
under paragraph (1) shall be such that the acreage of the 
parcel shall be equivalent to the acreage of the parcel of 
real property conveyed under subsection (b). The Secretary 
shall determine the acreage of the parcels, and such deter-
mination shall be final. 
(b) CONSIDERATION.—As consideration for the convey-
ance of property under subsection (a), the County shall con-
vey to the United States all right, title, and interest of the 
County in and to a parcel of real property, together with 
any improvements thereon, consisting of not more than 4.5
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acres and known as the Southgate Road right-of-way be-
tween Arlington National Cemetery, Virginia, and the Navy 
Annex property. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the parcels of real property to be 
conveyed under this section shall be determined by surveys 
satisfactory to the Secretary. 
(d) PAYMENT OF COSTS OF CONVEYANCES.—(1) The 
Secretary may require the County to cover costs to be in-
curred by the Secretary, or to reimburse the Secretary for 
costs incurred by the Secretary, to carry out the convey-
ances under subsections (a) and (b), including survey costs, 
costs related to environmental documentation, and other ad-
ministrative costs related to the conveyances. If amounts are 
collected from the County in advance of the Secretary incur-
ring the actual costs, and the amount collected exceeds the 
costs actually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess amount 
to the County. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that was 
used to cover the costs incurred by the Secretary in carrying 
out the conveyances. Amounts so credited shall be merged 
with amounts in such fund or account, and shall be avail-
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able for the same purposes, and subject to the same condi-
tions and limitations, as amounts in such fund or account. 
(e) REVERSIONARY INTEREST.—(1) If at any time the 
Secretary determines that the property conveyed to the 
County under subsection (a) is not being used for the pur-
poses stated in that subsection, then, at the option of the 
Secretary, all right, title, and interest in and to the prop-
erty, including any improvements thereon, shall revert to 
the United States, and the United States shall have the 
right of immediate entry onto the property. 
(2) If the Secretary exercises the reversionary interest 
provided for in paragraph (1), the Secretary shall pay the 
County, from amounts available to the Secretary for mili-
tary construction for the Defense Agencies, an amount equal 
to the fair market value of the property covered by the rever-
sionary interest, as determined by the Secretary. 
(f) EXEMPTION FROM FEDERAL SCREENING.—The 
conveyance under subsection (a) is exempt from the require-
ment to screen the property for other Federal use pursuant 
to sections 2693 and 2696 of title 10, United States Code. 
(g) INCLUSION OF SOUTHGATE ROAD RIGHT-OF-WAY 
PROPERTY IN TRANSFER OF NAVY ANNEX PROPERTY FOR 
ARLINGTON NATIONAL CEMETERY.—Subsection (a) of sec-
tion 2881 of the Military Construction Authorization Act 
for Fiscal Year 2000 (division B of Public Law 106–65;
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113 Stat. 879) is amended by striking ‘‘three parcels of real 
property consisting of approximately 36 acres’’ and insert-
ing ‘‘four parcels of real property consisting of approxi-
mately 40 acres’’. 
(h) TERMINATION OF RESERVATION OF CERTAIN NAVY 
ANNEX PROPERTY FOR MEMORIALS OR MUSEUMS.—Sub-
section (b) of such section, as amended by section 2863(f) 
of the Military Construction Authorization Act for Fiscal 
Year 2002 (division B of Public Law 107–107; 115 Stat. 
1332) and section 2851(a)(1) of the Military Construction 
Authorization Act for Fiscal Year 2003 (division B of Pub-
lic Law 107–314; 116 Stat. 2726), is further amended— 
(1) by striking ‘‘(1) Subject to paragraph (2), 
the Secretary’’ and inserting ‘‘The Secretary’’; and 
(2) by striking paragraph (2). 
(i) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyances under this section as 
the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2824. LAND CONVEYANCE, HAMPTON, VIRGINIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Army may convey, without consideration, to the Hampton 
City School Board, Hampton, Virginia (in this section re-
ferred to as the ‘‘Board’’), all right, title, and interest of
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the United States in and to a parcel of real property, in-
cluding any improvements thereon, that consists of approxi-
mately 29.8 acres, is located on Downey Farm Road in 
Hampton, Virginia, and is known as the Butler Farm 
United States Army Reserve Center in order to permit the 
Board to utilize the property for public education purposes. 
(b) CONDITION
OF CONVEYANCE.—The conveyance 
under subsection (a) shall be subject to the condition that 
the Board accept the real property described in subsection 
(a) in its condition at the time of the conveyance, commonly 
known as conveyance ‘‘as is’’. 
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary may require the Board to cover costs to be in-
curred by the Secretary, or to reimburse the Secretary for 
costs incurred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs related 
to environmental documentation, and other administrative 
costs related to the conveyance. If amounts are collected 
from the Board in advance of the Secretary incurring the 
actual costs, and the amount collected exceeds the costs actu-
ally incurred by the Secretary to carry out the conveyance, 
the Secretary shall refund the excess amount to the Board. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that was 
used to cover the costs incurred by the Secretary in carrying
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out the conveyance. Amounts so credited shall be merged 
with amounts in such fund or account, and shall be avail-
able for the same purposes, and subject to the same condi-
tions and limitations, as amounts in such fund or account. 
(d) EXEMPTION FROM FEDERAL SCREENING.—The 
conveyance authorized by subsection (a) is exempt from the 
requirement to screen the property for other Federal use 
pursuant to section 2693 and 2696 of title 10, United States 
Code. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2825. LAND CONVEYANCE, SEATTLE, WASHINGTON. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Army may convey, without consideration, to the State of 
Washington (in this section referred to as the ‘‘State’’) all 
right, title, and interest of the United States in and to a 
parcel of real property, including any improvements there-
on, consisting of approximately 9.747 acres in Seattle,
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Washington, and comprising a portion of the National 
Guard Facility, Pier 91, for the purpose of permitting the 
State to convey the facility unencumbered for economic de-
velopment purposes. 
(b) CONDITION
OF CONVEYANCE.—The conveyance 
under subsection (a) shall be subject to the condition that 
the State accept the real property in its condition at the 
time of the conveyance, commonly known as conveyance ‘‘as 
is’’. 
(c) ADMINISTRATIVE EXPENSES.—(1) The State shall 
reimburse the Secretary for the administrative expenses in-
curred by the Secretary in carrying out the conveyance 
under subsection (a), including expenses related to surveys 
and legal descriptions, boundary monumentation, environ-
mental surveys, necessary documentation, travel, and deed 
preparation. 
(2) Section 2695(c) of title 10, United States Code, 
shall apply to any amounts received by the Secretary as 
reimbursement under this subsection. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary. The cost of the survey shall be borne by 
the United States, subject to the requirement for reimburse-
ment under subsection (c).
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(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVE-
NUE NAVAL COMPLEX, DISTRICT OF COLUM-
BIA. 
(a) TRANSFER REQUIRED.—The Secretary of the Navy 
shall transfer to the administrative jurisdiction of the Ad-
ministrator of General Services the parcel of Department 
of the Navy real property in the District of Columbia 
known as the Nebraska Avenue Complex for the purpose of 
permitting the Administrator to use the Complex to accom-
modate the Department of Homeland Security. The Com-
plex shall be transferred in its existing condition. 
(b) AUTHORITY TO RETAIN MILITARY FAMILY HOUS-
ING.—The Secretary of the Navy may retain administrative 
jurisdiction over the portion of the Complex that the Sec-
retary considers to be necessary for continued use as Navy 
family housing. 
(c) TIME FOR TRANSFER.—The transfer of adminis-
trative jurisdiction over the Complex to the Administrator 
under subsection (c) shall be completed not later than Janu-
ary 1, 2005.
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(d) RELOCATION OF NAVY ACTIVITIES.—As part of the 
transfer of the Complex under this section, the Secretary 
of the Navy shall relocate Department of the Navy activities 
at the Complex to other locations. 
(e) PAYMENT OF RELOCATION COSTS.—Subject to the 
availability of appropriations for this purpose, the Sec-
retary of Homeland Security shall be responsible for the 
payment of— 
(1) all reasonable costs, including costs to move 
furnishings and equipment, related to the relocation 
of Department of the Navy activities from the Com-
plex under subsection (d); 
(2) all reasonable costs, including rent, incident 
to the occupancy by such activities of interim leased 
space; and 
(3) all reasonable costs incident to the acquisi-
tion of permanent facilities for Department of the 
Navy activities relocated from the Complex. 
(f) SUBMISSION OF COST ESTIMATES.—As soon as 
practicable after the date of the enactment of this Act, but 
not later than January 1, 2005, the Secretary of the Navy 
shall submit to the congressional defense committees an ini-
tial estimate of the amounts that will be necessary to cover 
the costs to permanently relocate Department of the Navy 
activities from the Complex. The Secretary shall include in
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the estimate anticipated land acquisition and facility con-
struction costs. The Secretary shall revise the estimate as 
necessary whenever information regarding the actual costs 
for the relocation is obtained. 
(g) CERTIFICATION OF RELOCATION COSTS.—At the 
end of the three-year period beginning on the date of the 
transfer of the Complex under subsection (a), the Secretary 
of the Navy shall submit to Congress written notice— 
(1) specifying the total amount expended under 
subsection (e) to cover the costs of relocating Depart-
ment of the Navy activities from the Complex; 
(2) specifying the total amount expended to ac-
quire permanent facilities for Department of the Navy 
activities relocated from the Complex; and 
(3) certifying whether the amounts paid are suf-
ficient to complete all relocation actions. 
SEC. 2827. LAND CONVEYANCE, HONOLULU, HAWAII. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Navy may convey, without consideration but subject to the 
conditions specified in subsection (b), to the City and Coun-
ty of Honolulu, Hawaii, all right, title, and interest of the 
United States in and to a parcel of real property, including 
improvements thereon, consisting of approximately 5.16 
acres located at 890 Valkenberg Avenue, Honolulu, Hawaii, 
and currently used by the City and County of Honolulu
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as the site of a fire station and firefighting training facility. 
The purpose of the conveyance is to enhance the capability 
of the City and County of Honolulu to provide fire protec-
tion and firefighting services to the civilian and military 
properties in the area and to provide a location for fire-
fighting training for civilian and military personnel. 
(b) CONDITIONS
OF CONVEYANCE.—The conveyance 
under subsection (a) shall be subject to the following condi-
tions: 
(1) That the City and County of Honolulu ac-
cept the real property in its condition at the time of 
the conveyance, commonly known as conveyance ‘‘as 
is’’. 
(2) That the City and County of Honolulu make 
the firefighting training facility available to the fire 
protection and firefighting units of the military de-
partments for training not less than 2 days per week 
on terms satisfactory to the Secretary. 
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary shall require the City and County of Honolulu 
to cover costs to be incurred by the Secretary, or to reim-
burse the Secretary for costs incurred by the Secretary, to 
carry out the conveyance under subsection (a), including 
survey costs, costs related to environmental documentation, 
and other administrative costs related to the conveyance.
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If amounts are collected from the City and County of Hono-
lulu in advance of the Secretary incurring the actual costs, 
and the amount collected exceeds the costs actually incurred 
by the Secretary to carry out the conveyance, the Secretary 
shall refund the excess amount, without interest, to the City 
and County of Honolulu. 
(2) Amounts received under paragraph (1) shall be 
credited to the fund or account that was used to cover the 
costs incurred by the Secretary in carrying out the convey-
ance. Amounts so credited shall be merged with amounts 
in such fund or account, and shall be available for the same 
purposes, and subject to the same conditions and limita-
tions, as amounts in such fund or account. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2828. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Navy may convey, without consideration, to the City of
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Portsmouth, Virginia (in this section referred to as the 
‘‘City’’), all right, title, and interest of the United States 
in and to a parcel of real property, including any improve-
ments thereon, consisting of approximately 0.49 acres lo-
cated at 517 King Street, Portsmouth, Virginia, and known 
as the ‘‘Navy YMCA Building’’, for economic revitalization 
purposes. 
(b) CONDITIONS
OF CONVEYANCE.—The conveyance 
under subsection (a) shall be subject to the following condi-
tions: 
(1) That the City accept the real property de-
scribed in subsection (a) in its condition at the time 
of the conveyance, commonly known as conveyance 
‘‘as is’’. 
(2) That the City bear all costs related to the en-
vironmental remediation, use, and redevelopment of 
the real property. 
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary may require the City to cover costs to be incurred 
by the Secretary, or to reimburse the Secretary for costs 
incurred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs related 
to environmental documentation, and other administrative 
costs related to the conveyance. If amounts paid to the Sec-
retary in advance exceed the costs actually incurred by the
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Secretary to carry out the conveyance, the Secretary shall 
refund the excess amount to the City. 
(2) Amounts received under paragraph (1) shall be 
credited to the fund or account that was used to cover the 
costs incurred by the Secretary. Amounts so credited shall 
be merged with amounts in such fund or account, and shall 
be available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or ac-
count. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2829. LAND CONVEYANCE, FORMER GRIFFISS AIR 
FORCE BASE, NEW YORK. 
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of 
the Air Force may convey to the Oneida County Industrial 
Development Agency, New York, the local reuse authority 
for the former Griffiss Air Force Base (in this section re-
ferred to as the ‘‘Authority’’), all right, title and interest
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of the United States in and to a parcel of real property 
consisting of 9.639 acres and including four buildings de-
scribed in paragraph (2) that were vacated by the Air Force 
in conjunction with its relocation to the Consolidated Intel-
ligence and Reconnaissance Laboratory at Air Force Re-
search Laboratory—Rome Research Site, Rome, New York. 
(2) The buildings described in this paragraph are the 
buildings located on the real property referred in paragraph 
(1) as follows: 
(A) Building 240 (117,323 square feet). 
(B) Building 247 (13,199 square feet). 
(C) Building 248 (4,000 square feet). 
(D) Building 302 (20,577 square feet). 
(3) The purpose of the conveyance under this sub-
section is to permit the Authority to develop the parcel and 
structures conveyed for economic purposes in a manner con-
sistent with 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). 
(b) CONDITION
OF CONVEYANCE.—The conveyance 
under subsection (a) shall be subject to the condition that 
the Authority accept the real property in its condition at 
the time of the conveyance, commonly known as conveyance 
‘‘as is’’.
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(c) CONSIDERATION.—As consideration for the convey-
ance of property under subsection (a), the Authority shall 
pay the United States an amount equal to the fair market 
of value, as determined by the Secretary. 
(d) TREATMENT OF PROCEEDS.—Any consideration 
received under subsection (c) shall be deposited in the De-
partment of Defense Base Closure Account 1990 established 
by section 2906 of the Defense Base Closure and Realign-
ment Act of 1990, and shall be available for use in accord-
ance with subsection (b) of such section. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be borne 
by the Authority. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2830. LAND EXCHANGE, MAXWELL AIR FORCE BASE, 
ALABAMA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Air Force may convey to the City of Montgomery, Alabama 
(in this section referred to as the ‘‘City’’), all right, title,
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and interest of the United States in and to a parcel of real 
property, including any improvements thereon, consisting 
of approximately 28 acres and including all of the Maxwell 
Heights Housing site and located at Maxwell Air Force 
Base, Alabama. 
(b) CONSIDERATION.—(1) As consideration for the con-
veyance of property under subsection (a), the City shall con-
vey to the United States all right, title, and interest of the 
City to a parcel of real property, including any improve-
ments thereon, consisting of approximately 35 acres and 
designated as project AL 6–4, that is owned by the City 
and is contiguous to Maxwell Air Force Base, for the pur-
pose of allowing the Secretary to incorporate such property 
into a project for the acquisition or improvement of mili-
tary housing under subchapter IV of chapter 169 of title 
10, United States Code. The Secretary shall have adminis-
trative jurisdiction over the real property received under 
this subsection. 
(2) If the fair market value of the real property re-
ceived under paragraph (1) is less than the fair market 
value of the real property conveyed under subsection (a) (as 
determined pursuant to an appraisal acceptable to the Sec-
retary), the Secretary may require the City to provide, pur-
suant to negotiations between the Secretary and the City, 
in-kind consideration the value of which when added to the
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fair market value of the property conveyed under subsection 
(b) equals the fair market value of the property conveyed 
under subsection (a). 
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary may require the City to cover costs to be incurred 
by the Secretary, or to reimburse the Secretary for costs 
incurred by the Secretary, to carry out the conveyances 
under subsections (a) and (b), including survey costs, costs 
related to environmental documentation, and other admin-
istrative costs related to the conveyances. If amounts are 
collected from the City in advance of the Secretary incur-
ring the actual costs, and the amount collected exceeds the 
costs actually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess amount 
to the City. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that was 
used to cover the costs incurred by the Secretary in carrying 
out the conveyances. Amounts so credited shall be merged 
with amounts in such fund or account, and shall be avail-
able for the same purposes, and subject to the same condi-
tions and limitations, as amounts in such fund or account. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under
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subsections (a) and (b) shall be determined by surveys satis-
factory to the Secretary. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyances under subsections (a) 
and (b) as the Secretary considers appropriate to protect 
the interests of the United States. 
SEC. 2831. LAND EXCHANGE, NAVAL AIR STATION, PATUX-
ENT RIVER, MARYLAND. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Navy may convey to the State of Maryland (in this section 
referred to as ‘‘State’’), all right, title, and interest of the 
United States in and to a parcel of real property, including 
improvements thereon, consisting of approximately five 
acres at Naval Air Station, Patuxent River, Maryland, and 
containing the Point Lookout Lighthouse, other structures 
related to the lighthouse, and an archaeological site per-
taining to the military hospital that was located on the 
property during the Civil War. The conveyance shall in-
clude artifacts pertaining to the military hospital recovered 
by the Navy and held at the installation. 
(b) PROPERTY RECEIVED IN EXCHANGE.—As consid-
eration for the conveyance of the real property under sub-
section (a), the State shall convey to the United States a 
parcel of real property consisting of approximately five
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acres located in Point Lookout State Park, St. Mary’s 
County, Maryland. 
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary may require the State to cover costs to be incurred 
by the Secretary, or to reimburse the Secretary for costs 
incurred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs related 
to environmental documentation, relocation expenses in-
curred under subsection (b), and other administrative costs 
related to the conveyance. If amounts are collected from the 
State in advance of the Secretary incurring the actual costs, 
and the amount collected exceeds the costs actually incurred 
by the Secretary to carry out the conveyance, the Secretary 
shall refund the excess amount to State. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that was 
used to cover the costs incurred by the Secretary in carrying 
out the conveyance. Amounts so credited shall be merged 
with amounts in such fund or account, and shall be avail-
able for the same purposes, and subject to the same condi-
tions and limitations, as amounts in such fund or account. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the properties to be conveyed under 
this section shall be determined by surveys satisfactory to 
the Secretary.
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(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyances under this section as 
the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2832. LAND CONVEYANCE, MARCH AIR FORCE BASE, 
CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Air Force may convey to the March Joint Powers Authority 
(in this section referred to as the ‘‘MJPA’’) all right, title, 
and interest of the United States in and to a parcel of real 
property, including any improvements thereon, consisting 
of approximately 15 acres located in Riverside County, 
California, and containing the former Defense Reutilization 
and Marketing Office facility for March Air Force Base, 
which is also known as Parcel A–6, for the purpose of eco-
nomic development and revitalization. 
(b) CONSIDERATION.—(1) As consideration for the con-
veyance of property under subsection (a), the MJPA shall 
pay the United States an amount equal to the fair market 
value, as determined by the Secretary, of the property to 
be conveyed under such subsection. 
(2) The consideration received under this subsection 
shall be deposited in the special account in the Treasury 
established under section 572(b) of title 40, United States
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Code, and available in accordance with the provisions of 
paragraph (5)(B)(ii). 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be borne 
by the MJPA. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2833. LAND CONVEYANCE, SUNFLOWER ARMY AMMUNI-
TION PLANT, KANSAS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Army, in consultation with the Administrator of General 
Services, may convey to an entity selected by the Board of 
Commissioners of Johnson County, Kansas (in this section 
referred to as the ‘‘entity’’ and the ‘‘Board’’, respectively), 
all right, title, and interest of the United States in and to 
a parcel of real property, including any improvements 
thereon, consisting of approximately 9,065 acres and con-
taining the Sunflower Army Ammunition Plant. The pur-
pose of the conveyance is to facilitate the re-use of the prop-
erty for economic development and revitalization.
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(b) CONSIDERATION.—(1) As consideration for the con-
veyance under subsection (a), the entity shall provide the 
United States, whether by cash payment, in-kind contribu-
tion, or a combination thereof, an amount that is not less 
than the fair market value, as determined by an appraisal 
of the property acceptable to the Administrator and the Sec-
retary. The Secretary may authorize the entity to carry out, 
as in-kind consideration, environmental remediation ac-
tivities for the property conveyed under such subsection. 
(2) The Secretary shall deposit any cash received as 
consideration under this subsection in a special account es-
tablished pursuant to section 572(b) of title 40, United 
States Code, to pay for environmental remediation and ex-
plosives cleanup of the property conveyed under subsection 
(a). 
(c) CONSTRUCTION WITH PREVIOUS LAND CONVEY-
ANCE AUTHORITY
ON SUNFLOWER ARMY AMMUNITION 
PLANT.—The authority in subsection (a) to make the con-
veyance described in that subsection is in addition to the 
authority under section 2823 of the Military Construction 
Authorization Act for Fiscal Year 2003 (division B of Pub-
lic Law 107–314; 116 Stat. 2712) to make the conveyance 
described in that section. 
(d) ENVIRONMENTAL REMEDIATION AND EXPLOSIVES 
CLEANUP.—(1) Notwithstanding any other provision of
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law, the Secretary may enter into a multi-year cooperative 
agreement or contract with the entity to undertake environ-
mental remediation and explosives cleanup of the property, 
and may utilize amounts authorized to be appropriated for 
the Secretary for purposes of environmental remediation 
and explosives cleanup under the agreement. 
(2) The terms of the cooperative agreement or contract 
may provide for advance payments on an annual basis or 
for payments on a performance basis. Payments may be 
made over a period of time agreed to by the Secretary and 
the entity or for such time as may be necessary to perform 
the environmental remediation and explosives cleanup of 
the property, including any long-term operation and main-
tenance requirements. 
(e) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary may require the entity or other persons to cover 
costs to be incurred by the Secretary, or to reimburse the 
Secretary for costs incurred by the Secretary, to carry out 
the conveyance under subsection (a), including survey costs, 
costs related to environmental, and other administrative 
costs related to the conveyance. 
(2) Amounts received under paragraph (1) shall be 
credited to the appropriation, fund, or account from which 
the costs were paid. Amounts so credited shall be merged 
with funds in such appropriation, fund, or account, and
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shall be available for the same purposes, and subject to the 
same limitations, as the funds with which merged. 
(f) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey jointly 
satisfactory to the Secretary and the Administrator. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary and the Administrator may require such additional 
terms and conditions in connection with the conveyance of 
real property under subsection (a), and the environmental 
remediation and explosives cleanup under subsection (d), 
as the Secretary and the Administrator jointly consider ap-
propriate to protect the interests of the United States. 
SEC. 2834. LAND CONVEYANCE, NAVAL WEAPONS STATION, 
CHARLESTON, SOUTH CAROLINA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Navy may convey to the Berkeley County Sanitation Au-
thority, South Carolina (in this section referred to as the 
‘‘Authority’’), all right, title, and interest of the United 
States in and to a parcel of real property, including any 
improvements thereon, consisting of not more than 38 acres 
and comprising a portion of the Naval Weapons Station, 
Charleston, South Carolina, for the purpose of allowing the 
Authority to expand an existing sewage treatment plant.
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(b) CONSIDERATION.—As consideration for the convey-
ance of property under subsection (a), the Authority shall 
provide the United States, whether by cash payment, in- 
kind services, or a combination thereof, an amount that is 
not less than the fair market value, as determined by an 
appraisal acceptable to the Secretary, of the property con-
veyed under such subsection. 
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary may require the Authority to cover costs incurred 
by the Secretary, or to reimburse the Secretary for costs 
incurred by the Secretary, to carry out the conveyance 
under subsection (a), including appraisal costs, survey 
costs, costs related to compliance with the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
environmental remediation, and other administrative costs 
related to the conveyance. If the amounts are collected from 
the Authority in advance of the Secretary incurring the ac-
tual costs, and the amount collected exceeds the costs actu-
ally incurred by the Secretary to carry out the conveyance, 
the Secretary shall refund the excess amount to the Author-
ity. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that was 
used to cover the costs incurred by the Secretary in carrying 
out the conveyance. Amounts so credited shall be merged
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with amounts in such fund or account, and shall be made 
available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or ac-
count. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary. The cost of the survey shall be borne by 
the Authority. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2835. LAND CONVEYANCE, LOUISIANA ARMY AMMUNI-
TION PLANT, DOYLINE, LOUISIANA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Army may convey to the State of Louisiana (in this section 
referred to as the ‘‘State’’) all right, title, and interest of 
the United States in and to a parcel of real property, in-
cluding any improvements thereon, consisting of approxi-
mately 14,949 acres located at the Louisiana Army Ammu-
nition Plant, Doyline, Louisiana. 
(b) CONSIDERATION.—As consideration for the convey-
ance of property under subsection (a), the State shall—
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(1) maintain at least 13,500 acres of such prop-
erty for the purpose of military training, unless the 
Secretary determines that fewer acres are required for 
such purpose; 
(2) ensure that any other uses that are made of 
the property conveyed under subsection (a) do not ad-
versely impact military training; 
(3) accommodate the use of such property, at no 
cost or fee, for meeting the present and future train-
ing needs of Armed Forces units, including units of 
the Louisiana National Guard and the other active 
and reserve components of the Armed Forces; 
(4) assume, starting on the date that is five 
years after the date of the conveyance of such prop-
erty, responsibility for any monitoring, sampling, or 
reporting requirements that are associated with the 
environmental restoration activities of the Army on 
the Louisiana Army Ammunition Plant, and shall 
bear such responsibility until such time as such moni-
toring, sampling, or reporting is no longer required; 
and 
(5) assume the rights and responsibilities of the 
Army under the armaments retooling manufacturing 
support agreement between the Army and the facility 
use contractor with respect to the Louisiana Army
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Ammunition Plant in accordance with the terms of 
such agreement in effect at the time of the conveyance. 
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary may require the State to cover costs to be incurred 
by the Secretary, or to reimburse the Secretary for costs 
incurred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs related 
to environmental documentation, and other administrative 
costs related to the conveyance. If amounts are collected 
from the State in advance of the Secretary incurring the 
actual costs, and the amount collected exceeds the costs actu-
ally incurred by the Secretary to carry out the conveyance, 
the Secretary shall refund the excess amount to State. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that was 
used to cover the costs incurred by the Secretary in carrying 
out the conveyance. Amounts so credited shall be merged 
with amounts in such fund or account, and shall be avail-
able for the same purposes, and subject to the same condi-
tions and limitations, as amounts in such fund or account. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by surveys satis-
factory to the Secretary. The cost of each survey shall be 
borne by the State.
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(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2836. MODIFICATION OF AUTHORITY FOR LAND CON-
VEYANCE, EQUIPMENT AND STORAGE YARD, 
CHARLESTON, SOUTH CAROLINA. 
Section 563(h) of the Water Resources Development 
Act of 1999 (Public Law 106–53; 113 Stat. 360) is amended 
to read as follows: 
‘‘(h) CHARLESTON, SOUTH CAROLINA.— 
‘‘(1) IN GENERAL.—The Secretary may convey to 
the City of Charleston, South Carolina (in this sec-
tion referred to as the ‘City’), all right, title, and in-
terest of the United States in and to a parcel of real 
property of the Corps of Engineers, together with any 
improvements thereon, that is known as the Equip-
ment and Storage Yard and consists of approximately 
1.06 acres located on Meeting Street in Charleston, 
South Carolina, in as-is condition. 
‘‘(2) CONSIDERATION.—As consideration for the 
conveyance of property under paragraph (1), the City 
shall provide the United States, whether by cash pay-
ment, in-kind contribution, or a combination thereof,
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an amount that is not less than the fair market value 
of the property conveyed, as determined by the Sec-
retary. 
‘‘(3) USE OF PROCEEDS.—Amounts received as 
consideration under this subsection may be used by 
the Corps of Engineers, Charleston District, as fol-
lows: 
‘‘(A) Any amounts received as consideration 
may be used to carry out activities under this 
Act, notwithstanding any requirements associ-
ated with the Plant Replacement and Improve-
ment Program (PRIP), including— 
‘‘(i) 
leasing, 
purchasing, 
or 
con-
structing an office facility within the 
boundaries of Charleston, Berkeley, and 
Dorchester Counties, South Carolina; and 
‘‘(ii) satisfying any PRIP balances. 
‘‘(B) Any amounts received as consideration 
that are in excess of the fair market value of the 
property conveyed under paragraph (1) may be 
used for any authorized activities of the Corps of 
Engineers, Charleston District. 
‘‘(4) DESCRIPTION
OF
PROPERTY.—The exact 
acreage and legal description of the real property to 
be conveyed under paragraph (1) and any property
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transferred to the United States as consideration 
under paragraph (2) shall be determined by surveys 
satisfactory to the Secretary. 
‘‘(5) ADDITIONAL TERMS AND CONDITIONS.—The 
Secretary may require such additional terms and 
conditions in connection with the conveyance under 
paragraph (1) as the Secretary considers appropriate 
to protect the interests of the United States.’’. 
Subtitle D—Other Matters 
SEC. 2841. DEPARTMENT OF DEFENSE FOLLOW-ON LABORA-
TORY 
REVITALIZATION 
DEMONSTRATION 
PROGRAM. 
(a) FOLLOW-ON PROGRAM AUTHORIZED.—(1) The 
Secretary of Defense may carry out a program (to be known 
as the ‘‘Department of Defense Follow-On Laboratory Revi-
talization Demonstration Program’’) for the revitalization 
of Department of Defense laboratories. Under the program, 
the Secretary may carry out minor military construction 
projects in accordance with subsection (b) and other appli-
cable law to improve laboratories covered by the program. 
(2) The program under this section is the successor 
program to the Department of Defense Laboratory Revital-
ization Demonstration Program carried out under section 
2892 of the Military Construction Authorization Act for
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Fiscal Year 1996 (division B of Public Law 104–106; 10 
U.S.C. 2805 note). 
(b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO 
MINOR CONSTRUCTION PROJECTS.—For purpose of any 
military construction project carried out under the pro-
gram— 
(1) the amount provided in the second sentence 
of subsection (a)(1) of section 2805 of title 10, United 
States Code, shall be deemed to be $3,000,000; 
(2) the amount provided in subsection (b)(1) of 
such section shall be deemed to be $1,500,000; and 
(3) the amount provided in subsection (c)(1)(B) 
of such section shall be deemed to be $1,000,000. 
(c) PROGRAM REQUIREMENTS.—(1) Not later than 30 
days before commencing the program, the Secretary shall— 
(A) designate the Department laboratories at 
which construction may be carried out under the pro-
gram; and 
(B) establish procedures for the review and ap-
proval of requests from Department laboratories to 
carry out such construction. 
(2) The laboratories designated under paragraph 
(1)(A) may not include Department laboratories that are 
contractor owned.
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(3) The Secretary shall notify Congress of the Depart-
ment laboratories designated under paragraph (1)(A). 
(d) REPORT.—Not later than September 30, 2005, the 
Secretary shall submit to the congressional defense commit-
tees a report on the program under this section. The report 
shall include— 
(1) a list and description of the construction 
projects carried out under the program, and of any 
projects carried out under the program referred to in 
subsection (a) during the period beginning on October 
1, 2003, and ending on the date of the enactment of 
this Act, including the location and costs of each such 
project; and 
(2) the assessment of the Secretary of the advis-
ability of extending or expanding the authority for 
the program under this section. 
(e) CONSTRUCTION OF AUTHORITY.—Nothing in this 
section may be construed to limit any other authority pro-
vided by law for any military construction project at a De-
partment laboratory covered by the program. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘laboratory’’ includes— 
(A) a research, engineering, and develop-
ment center;