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‘‘(A) designating a senior agency informa-
tion security official who shall report to the
Chief Information Officer or a comparable offi-
cial;
‘‘(B) developing and maintaining an agen-
cywide information security program as required
under subsection (b);
‘‘(C) ensuring that the agency effectively
implements and maintains information security
policies, procedures, and control techniques;
‘‘(D) training and overseeing personnel
with significant responsibilities for information
security with respect to such responsibilities; and
‘‘(E) assisting senior agency officials con-
cerning responsibilities under paragraph (2);
‘‘(4) ensure that the agency has trained per-
sonnel sufficient to assist the agency in complying
with the requirements of this subchapter and related
policies, procedures, standards, and guidelines; and
‘‘(5) ensure that the agency Chief Information
Officer, in coordination with senior agency officials,
periodically—
‘‘(A)(i) evaluates the effectiveness of the
agency information security program, including
testing control techniques; and
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‘‘(ii) implements appropriate remedial ac-
tions based on that evaluation; and
‘‘(B) reports to the agency head on—
‘‘(i) the results of such tests and eval-
uations; and
‘‘(ii) the progress of remedial actions.
‘‘(b)(1) Each agency shall develop and implement an
agencywide information security program to provide infor-
mation security for the operations and assets of the agency,
including operations and assets provided or managed by
another agency.
‘‘(2) Each program under this subsection shall
include—
‘‘(A) periodic risk assessments that consider in-
ternal and external threats to—
‘‘(i) the integrity, confidentiality, and
availability of systems; and
‘‘(ii) data supporting critical operations
and assets;
‘‘(B) policies and procedures that—
‘‘(i) are based on the risk assessments re-
quired under subparagraph (A) that cost-effec-
tively reduce information security risks to an ac-
ceptable level; and
‘‘(ii) ensure compliance with—
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‘‘(I) the requirements of this sub-
chapter;
‘‘(II) policies and procedures as may
be prescribed by the Director; and
‘‘(III) any other applicable require-
ments;
‘‘(C) security awareness training to inform per-
sonnel of—
‘‘(i) information security risks associated
with the activities of personnel; and
‘‘(ii) responsibilities of personnel in com-
plying with agency policies and procedures de-
signed to reduce such risks;
‘‘(D)(i) periodic management testing and evalua-
tion of the effectiveness of information security poli-
cies and procedures; and
‘‘(ii) a process for ensuring remedial action to
address any significant deficiencies; and
‘‘(E) procedures for detecting, reporting, and re-
sponding to security incidents, including—
‘‘(i) mitigating risks associated with such
incidents before substantial damage occurs;
‘‘(ii) notifying and consulting with law en-
forcement officials and other offices and authori-
ties;
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‘‘(iii) notifying and consulting with an of-
fice designated by the Administrator of General
Services within the General Services Administra-
tion; and
‘‘(iv) notifying and consulting with an of-
fice designated by the Secretary of Defense, the
Director of Central Intelligence, and other agen-
cy head as designated by the President for inci-
dents involving systems described under subpara-
graphs (A) and (B) of section 3532(b)(2).
‘‘(3) Each program under this subsection is subject to
the approval of the Director and is required to be reviewed
at least annually by agency program officials in consulta-
tion with the Chief Information Officer. In the case of sys-
tems described under subparagraphs (A) and (B) of section
3532(b)(2), the Director shall delegate approval authority
under this paragraph to the Secretary of Defense, the Direc-
tor of Central Intelligence, and other agency head as des-
ignated by the President.
‘‘(c)(1) Each agency shall examine the adequacy and
effectiveness of information security policies, procedures,
and practices in plans and reports relating to—
‘‘(A) annual agency budgets;
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‘‘(B) information resources management under
the Paperwork Reduction Act of 1995 (44 U.S.C. 101
note);
‘‘(C) performance and results based management
under the Clinger-Cohen Act of 1996 (40 U.S.C. 1401
et seq.);
‘‘(D) program performance under sections 1105
and 1115 through 1119 of title 31, and sections 2801
through 2805 of title 39; and
‘‘(E) financial management under—
‘‘(i) chapter 9 of title 31, United States
Code, and the Chief Financial Officers Act of
1990 (31 U.S.C. 501 note; Public Law 101–576)
(and the amendments made by that Act);
‘‘(ii) the Federal Financial Management
Improvement Act of 1996 (31 U.S.C. 3512 note)
(and the amendments made by that Act); and
‘‘(iii) the internal controls conducted under
section 3512 of title 31.
‘‘(2) Any significant deficiency in a policy, procedure,
or practice identified under paragraph (1) shall be reported
as a material weakness in reporting required under the ap-
plicable provision of law under paragraph (1).
‘‘(d)(1) In addition to the requirements of subsection
(c), each agency, in consultation with the Chief Information
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Officer, shall include as part of the performance plan re-
quired under section 1115 of title 31 a description of—
‘‘(A) the time periods; and
‘‘(B) the resources, including budget, staffing,
and training,
which are necessary to implement the program required
under subsection (b)(1).
‘‘(2) The description under paragraph (1) shall be
based on the risk assessment required under subsection
(b)(2)(A).
‘‘§ 3535. Annual independent evaluation
‘‘(a)(1) Each year each agency shall have performed
an independent evaluation of the information security pro-
gram and practices of that agency.
‘‘(2) Each evaluation under this section shall
include—
‘‘(A) an assessment of compliance with—
‘‘(i) the requirements of this subchapter;
and
‘‘(ii) related information security policies,
procedures, standards, and guidelines; and
‘‘(B) tests of the effectiveness of information secu-
rity control techniques.
‘‘(3) The Inspector General or the independent eval-
uator performing an evaluation under this section includ-
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ing the Comptroller General may use any audit, evaluation,
or report relating to programs or practices of the applicable
agency.
‘‘(b)(1)(A) Subject to subparagraph (B), for agencies
with Inspectors General appointed under the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) or any other law, the an-
nual evaluation required under this section or, in the case
of systems described under subparagraphs (A) and (B) of
section 3532(b)(2), an audit of the annual evaluation re-
quired under this section, shall be performed by the Inspec-
tor General or by an independent evaluator, as determined
by the Inspector General of the agency.
‘‘(B) For systems described under subparagraphs (A)
and (B) of section 3532(b)(2), the evaluation required under
this section shall be performed only by an entity designated
by the Secretary of Defense, the Director of Central Intel-
ligence, or other agency head as designated by the President.
‘‘(2) For any agency to which paragraph (1) does not
apply, the head of the agency shall contract with an inde-
pendent evaluator to perform the evaluation.
‘‘(3) An evaluation of agency information security
programs and practices performed by the Comptroller Gen-
eral may be in lieu of the evaluation required under this
section.
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‘‘(c) Not later than 1 year after the date of enactment
of this subchapter, and on that date every year thereafter,
the applicable agency head shall submit to the Director—
‘‘(1) the results of each evaluation required under
this section, other than an evaluation of a system de-
scribed under subparagraph (A) or (B) of section
3532(b)(2); and
‘‘(2) the results of each audit of an evaluation re-
quired under this section of a system described under
subparagraph (A) or (B) of section 3532(b)(2).
‘‘(d)(1) Each year the Comptroller General shall
review—
‘‘(A) the evaluations required under this section
(other than an evaluation of a system described under
subparagraph (A) or (B) of section 3532(b)(2));
‘‘(B) the results of each audit of an evaluation
required under this section of a system described
under subparagraph (A) or (B) of section 3532(b)(2);
and
‘‘(C) other information security evaluation re-
sults.
‘‘(2) The Comptroller General shall report to Congress
regarding the results of the review required under para-
graph (1) and the adequacy of agency information pro-
grams and practices.
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‘‘(3) Evaluations and audits of evaluations of systems
under the authority and control of the Director of Central
Intelligence and evaluations and audits of evaluation of Na-
tional Foreign Intelligence Programs systems under the au-
thority and control of the Secretary of Defense—
‘‘(A) shall not be provided to the Comptroller
General under this subsection; and
‘‘(B) shall be made available only to the appro-
priate oversight committees of Congress, in accordance
with applicable laws.
‘‘(e) Agencies and evaluators shall take appropriate ac-
tions to ensure the protection of information, the disclosure
of which may adversely affect information security. Such
protections shall be commensurate with the risk and comply
with all applicable laws.’’.
SEC. 1403. RESPONSIBILITIES OF CERTAIN AGENCIES.
(a) DEPARTMENT OF COMMERCE.—Notwithstanding
section 20 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278g–3) and except as provided
under subsection (b), the Secretary of Commerce, through
the National Institute of Standards and Technology and
with technical assistance from the National Security Agen-
cy, as required or when requested, shall—
(1) develop, issue, review, and update standards
and guidance for the security of Federal information
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systems, including development of methods and tech-
niques for security systems and validation programs;
(2) develop, issue, review, and update guidelines
for training in computer security awareness and ac-
cepted computer security practices, with assistance
from the Office of Personnel Management;
(3) provide agencies with guidance for security
planning to assist in the development of applications
and system security plans for such agencies;
(4) provide guidance and assistance to agencies
concerning cost-effective controls when interconnecting
with other systems; and
(5) evaluate information technologies to assess se-
curity vulnerabilities and alert Federal agencies of
such vulnerabilities as soon as those vulnerabilities
are known.
(b) DEPARTMENT
OF DEFENSE
AND
THE INTEL-
LIGENCE COMMUNITY.—
(1) IN GENERAL.—Notwithstanding section 3533
of title 44, United States Code (as added by section
1402 of this Act), the Secretary of Defense, the Direc-
tor of Central Intelligence, and other agency head as
designated by the President, shall, consistent with
their respective authorities—
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(A) develop and issue information security
policies, standards, and guidelines for systems
described under subparagraphs (A) and (B) of
section 3532(b)(2) of title 44, United States Code
(as added by section 1402 of this Act), that pro-
vide more stringent protection than the policies,
principles, standards, and guidelines required
under section 3533 of such title; and
(B) ensure the implementation of the infor-
mation security policies, principles, standards,
and guidelines described under subparagraph
(A).
(2) MEASURES ADDRESSED.—The policies, prin-
ciples, standards, and guidelines developed by the Sec-
retary of Defense and the Director of Central Intel-
ligence under paragraph (1) shall address the full
range of information assurance measures needed to
protect and defend Federal information and informa-
tion systems by ensuring their integrity, confiden-
tiality, authenticity, availability, and nonrepudi-
ation.
(c) DEPARTMENT OF JUSTICE.—The Department of
Justice shall review and update guidance to agencies on—
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(1) legal remedies regarding security incidents
and ways to report to and work with law enforcement
agencies concerning such incidents; and
(2) lawful uses of security techniques and tech-
nologies.
(d) GENERAL SERVICES ADMINISTRATION.—The Gen-
eral Services Administration shall—
(1) review and update General Services Admin-
istration guidance to agencies on addressing security
considerations when acquiring information tech-
nology; and
(2) assist agencies in—
(A) fulfilling agency responsibilities under
section 3534(b)(2)(E) of title 44, United States
Code (as added by section 1402 of this Act); and
(B) the acquisition of cost-effective security
products, services, and incident response capa-
bilities.
(e) OFFICE OF PERSONNEL MANAGEMENT.—The Office
of Personnel Management shall—
(1) review and update Office of Personnel Man-
agement regulations concerning computer security
training for Federal civilian employees;
(2) assist the Department of Commerce in updat-
ing and maintaining guidelines for training in com-
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puter security awareness and computer security best
practices; and
(3) work with the National Science Foundation
and other agencies on personnel and training initia-
tives (including scholarships and fellowships, as au-
thorized by law) as necessary to ensure that the Fed-
eral Government—
(A) has adequate sources of continuing in-
formation security education and training avail-
able for employees; and
(B) has an adequate supply of qualified in-
formation security professionals to meet agency
needs.
(f) INFORMATION SECURITY POLICIES, PRINCIPLES,
STANDARDS, AND GUIDELINES.—
(1) IN GENERAL.—Notwithstanding any provi-
sion of this title (including any amendment made by
this title)—
(A) the Secretary of Defense, the Director of
Central Intelligence, and other agency head as
designated by the President shall develop such
policies, principles, standards, and guidelines for
mission critical systems subject to their control;
(B) the policies, principles, standards, and
guidelines developed by the Secretary of Defense,
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the Director of Central Intelligence, and other
agency head as designated by the President may
be adopted, to the extent that such policies are
consistent with policies and guidance developed
by the Director of the Office of Management and
Budget and the Secretary of Commerce—
(i) by the Director of the Office of
Management and Budget, as appropriate, to
the mission critical systems of all agencies;
or
(ii) by an agency head, as appropriate,
to the mission critical systems of that agen-
cy; and
(C) to the extent that such policies are con-
sistent with policies and guidance developed by
the Director of the Office of Management and
Budget and the Secretary of Commerce, an agen-
cy may develop and implement information se-
curity policies, principles, standards, and guide-
lines that provide more stringent protection than
those required under section 3533 of title 44,
United States Code (as added by section 1402 of
this Act), or subsection (a) of this section.
(2) MEASURES ADDRESSED.—The policies, prin-
ciples, standards, and guidelines developed by the Sec-
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retary of Defense and the Director of Central Intel-
ligence under paragraph (1) shall address the full
range of information assurance measures needed to
protect and defend Federal information and informa-
tion systems by ensuring their integrity, confiden-
tiality, authenticity, availability, and nonrepudi-
ation.
(g) ATOMIC ENERGY ACT OF 1954.—Nothing in this
title (including any amendment made by this title) shall
supersede any requirement made by or under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted
Data or Formerly Restricted Data shall be handled, pro-
tected, classified, downgraded, and declassified in con-
formity with the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.).
SEC. 1404. TECHNICAL AND CONFORMING AMENDMENTS.
(a) IN GENERAL.—Chapter 35 of title 44, United
States Code, is amended—
(1) in the table of sections—
(A) by inserting after the chapter heading
the following:
‘‘SUBCHAPTER I—FEDERAL INFORMATION
POLICY’’;
and
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(B) by inserting after the item relating to
section 3520 the following:
‘‘SUBCHAPTER II—INFORMATION SECURITY
‘‘Sec.
‘‘3531. Purposes.
‘‘3532. Definitions.
‘‘3533. Authority and functions of the Director.
‘‘3534. Federal agency responsibilities.
‘‘3535. Annual independent evaluation.’’;
and
(2) by inserting before section 3501 the following:
‘‘SUBCHAPTER I—FEDERAL INFORMATION
POLICY’’.
(b) REFERENCES TO CHAPTER 35.—Chapter 35 of title
44, United States Code, is amended—
(1) in section 3501—
(A) in the matter preceding paragraph (1),
by striking ‘‘chapter’’ and inserting ‘‘sub-
chapter’’; and
(B) in paragraph (11), by striking ‘‘chap-
ter’’ and inserting ‘‘subchapter’’;
(2) in section 3502, in the matter preceding
paragraph (1), by striking ‘‘chapter’’ and inserting
‘‘subchapter’’;
(3) in section 3503, in subsection (b), by striking
‘‘chapter’’ and inserting ‘‘subchapter’’;
(4) in section 3504—
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(A) in subsection (a)(2), by striking ‘‘chap-
ter’’ and inserting ‘‘subchapter’’;
(B) in subsection (d)(2), by striking ‘‘chap-
ter’’ and inserting ‘‘subchapter’’; and
(C) in subsection (f)(1), by striking ‘‘chap-
ter’’ and inserting ‘‘subchapter’’;
(5) in section 3505—
(A) in subsection (a), in the matter pre-
ceding paragraph (1), by striking ‘‘chapter’’ and
inserting ‘‘subchapter’’;
(B) in subsection (a)(2), by striking ‘‘chap-
ter’’ and inserting ‘‘subchapter’’; and
(C) in subsection (a)(3)(B)(iii), by striking
‘‘chapter’’ and inserting ‘‘subchapter’’;
(6) in section 3506—
(A) in subsection (a)(1)(B), by striking
‘‘chapter’’ and inserting ‘‘subchapter’’;
(B) in subsection (a)(2)(A), by striking
‘‘chapter’’ and inserting ‘‘subchapter’’;
(C) in subsection (a)(2)(B), by striking
‘‘chapter’’ and inserting ‘‘subchapter’’;
(D) in subsection (a)(3)—
(i) in the first sentence, by striking
‘‘chapter’’ and inserting ‘‘subchapter’’; and
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(ii) in the second sentence, by striking
‘‘chapter’’ and inserting ‘‘subchapter’’;
(E) in subsection (b)(4), by striking ‘‘chap-
ter’’ and inserting ‘‘subchapter’’;
(F) in subsection (c)(1), by striking ‘‘chap-
ter, to’’ and inserting ‘‘subchapter, to’’; and
(G) in subsection (c)(1)(A), by striking
‘‘chapter’’ and inserting ‘‘subchapter’’;
(7) in section 3507—
(A) in subsection (e)(3)(B), by striking
‘‘chapter’’ and inserting ‘‘subchapter’’;
(B) in subsection (h)(2)(B), by striking
‘‘chapter’’ and inserting ‘‘subchapter’’;
(C) in subsection (h)(3), by striking ‘‘chap-
ter’’ and inserting ‘‘subchapter’’;
(D) in subsection (j)(1)(A)(i), by striking
‘‘chapter’’ and inserting ‘‘subchapter’’;
(E) in subsection (j)(1)(B), by striking
‘‘chapter’’ and inserting ‘‘subchapter’’; and
(F) in subsection (j)(2), by striking ‘‘chap-
ter’’ and inserting ‘‘subchapter’’;
(8) in section 3509, by striking ‘‘chapter’’ and
inserting ‘‘subchapter’’;
(9) in section 3512—
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(A) in subsection (a), by striking ‘‘chapter
if’’ and inserting ‘‘subchapter if’’; and
(B) in subsection (a)(1), by striking ‘‘chap-
ter’’ and inserting ‘‘subchapter’’;
(10) in section 3514—
(A) in subsection (a)(1)(A), by striking
‘‘chapter’’ and inserting ‘‘subchapter’’; and
(B) in subsection (a)(2)(A)(ii), by striking
‘‘chapter’’ and inserting ‘‘subchapter’’ each place
it appears;
(11) in section 3515, by striking ‘‘chapter’’ and
inserting ‘‘subchapter’’;
(12) in section 3516, by striking ‘‘chapter’’ and
inserting ‘‘subchapter’’;
(13) in section 3517(b), by striking ‘‘chapter’’
and inserting ‘‘subchapter’’;
(14) in section 3518—
(A) in subsection (a), by striking ‘‘chapter’’
and inserting ‘‘subchapter’’ each place it ap-
pears;
(B) in subsection (b), by striking ‘‘chapter’’
and inserting ‘‘subchapter’’;
(C) in subsection (c)(1), by striking ‘‘chap-
ter’’ and inserting ‘‘subchapter’’;
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(D) in subsection (c)(2), by striking ‘‘chap-
ter’’ and inserting ‘‘subchapter’’;
(E) in subsection (d), by striking ‘‘chapter’’
and inserting ‘‘subchapter’’; and
(F) in subsection (e), by striking ‘‘chapter’’
and inserting ‘‘subchapter’’; and
(15) in section 3520, by striking ‘‘chapter’’ and
inserting ‘‘subchapter’’.
SEC. 1405. EFFECTIVE DATE.
This title and the amendments made by this title shall
take effect 30 days after the date of enactment of this Act.
TITLE 
XV—LOCAL 
LAW 
EN-
FORCEMENT 
ENHANCEMENT
ACT OF 2000
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘Local Law Enforcement
Enhancement Act of 2000’’.
SEC. 1502. FINDINGS.
Congress makes the following findings:
(1) The incidence of violence motivated by the
actual or perceived race, color, religion, national ori-
gin, gender, sexual orientation, or disability of the
victim poses a serious national problem.
(2) Such violence disrupts the tranquility and
safety of communities and is deeply divisive.
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(3) State and local authorities are now and will
continue to be responsible for prosecuting the over-
whelming majority of violent crimes in the United
States, including violent crimes motivated by bias.
These authorities can carry out their responsibilities
more effectively with greater Federal assistance.
(4) Existing Federal law is inadequate to ad-
dress this problem.
(5) The prominent characteristic of a violent
crime motivated by bias is that it devastates not just
the actual victim and the victim’s family and friends,
but frequently savages the community sharing the
traits that caused the victim to be selected.
(6) Such violence substantially affects interstate
commerce in many ways, including—
(A) by impeding the movement of members
of targeted groups and forcing such members to
move across State lines to escape the incidence or
risk of such violence; and
(B) by preventing members of targeted
groups from purchasing goods and services, ob-
taining or sustaining employment or partici-
pating in other commercial activity.
(7) Perpetrators cross State lines to commit such
violence.
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(8) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the commis-
sion of such violence.
(9) Such violence is committed using articles
that have traveled in interstate commerce.
(10) For generations, the institutions of slavery
and involuntary servitude were defined by the race,
color, and ancestry of those held in bondage. Slavery
and involuntary servitude were enforced, both prior to
and after the adoption of the 13th amendment to the
Constitution of the United States, through widespread
public and private violence directed at persons be-
cause of their race, color, or ancestry, or perceived
race, color, or ancestry. Accordingly, eliminating ra-
cially motivated violence is an important means of
eliminating, to the extent possible, the badges, inci-
dents, and relics of slavery and involuntary servitude.
(11) Both at the time when the 13th, 14th, and
15th amendments to the Constitution of the United
States were adopted, and continuing to date, members
of certain religious and national origin groups were
and are perceived to be distinct ‘‘races’’. Thus, in
order to eliminate, to the extent possible, the badges,
incidents, and relics of slavery, it is necessary to pro-
hibit assaults on the basis of real or perceived reli-
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gions or national origins, at least to the extent such
religions or national origins were regarded as races
at the time of the adoption of the 13th, 14th, and 15th
amendments to the Constitution of the United States.
(12) Federal jurisdiction over certain violent
crimes motivated by bias enables Federal, State, and
local authorities to work together as partners in the
investigation and prosecution of such crimes.
(13) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in na-
ture as to warrant Federal assistance to States and
local jurisdictions.
SEC. 1503. DEFINITION OF HATE CRIME.
In this title, the term ‘‘hate crime’’ has the same mean-
ing as in section 280003(a) of the Violent Crime Control
and Law Enforcement Act of 1994 (28 U.S.C. 994 note).
SEC. 1504. SUPPORT FOR CRIMINAL INVESTIGATIONS AND
PROSECUTIONS BY STATE AND LOCAL LAW
ENFORCEMENT OFFICIALS.
(a) ASSISTANCE OTHER THAN FINANCIAL ASSIST-
ANCE.—
(1) IN GENERAL.—At the request of a law en-
forcement official of a State or Indian tribe, the At-
torney General may provide technical, forensic, pros-
ecutorial, or any other form of assistance in the
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criminal investigation or prosecution of any crime
that—
(A) constitutes a crime of violence (as de-
fined in section 16 of title 18, United States
Code);
(B) constitutes a felony under the laws of
the State or Indian tribe; and
(C) is motivated by prejudice based on the
victim’s race, color, religion, national origin,
gender, sexual orientation, or disability or is a
violation of the hate crime laws of the State or
Indian tribe.
(2) PRIORITY.—In providing assistance under
paragraph (1), the Attorney General shall give pri-
ority to crimes committed by offenders who have com-
mitted crimes in more than 1 State and to rural ju-
risdictions that have difficulty covering the extraor-
dinary expenses relating to the investigation or pros-
ecution of the crime.
(b) GRANTS.—
(1) IN GENERAL.—The Attorney General may
award grants to assist State, local, and Indian law
enforcement officials with the extraordinary expenses
associated with the investigation and prosecution of
hate crimes. In implementing the grant program, the
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Office of Justice Programs shall work closely with the
funded jurisdictions to ensure that the concerns and
needs of all affected parties, including community
groups and schools, colleges, and universities, are ad-
dressed through the local infrastructure developed
under the grants.
(2) APPLICATION.—
(A) IN GENERAL.—Each State desiring a
grant under this subsection shall submit an ap-
plication to the Attorney General at such time,
in such manner, and accompanied by or con-
taining such information as the Attorney Gen-
eral shall reasonably require.
(B) DATE FOR SUBMISSION.—Applications
submitted pursuant to subparagraph (A) shall be
submitted during the 60-day period beginning on
a date that the Attorney General shall prescribe.
(C) REQUIREMENTS.—A State or political
subdivision of a State or tribal official applying
for assistance under this subsection shall—
(i) describe the extraordinary purposes
for which the grant is needed;
(ii) certify that the State, political sub-
division, or Indian tribe lacks the resources
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necessary to investigate or prosecute the
hate crime;
(iii) demonstrate that, in developing a
plan to implement the grant, the State, po-
litical subdivision, or tribal official has con-
sulted and coordinated with nonprofit, non-
governmental victim services programs that
have experience in providing services to vic-
tims of hate crimes; and
(iv) certify that any Federal funds re-
ceived under this subsection will be used to
supplement, 
not 
supplant, 
non-Federal
funds that would otherwise be available for
activities funded under this subsection.
(3) DEADLINE.—An application for a grant
under this subsection shall be approved or dis-
approved by the Attorney General not later than 30
business days after the date on which the Attorney
General receives the application.
(4) GRANT AMOUNT.—A grant under this sub-
section shall not exceed $100,000 for any single juris-
diction within a 1 year period.
(5) REPORT.—Not later than December 31, 2001,
the Attorney General shall submit to Congress a re-
port describing the applications submitted for grants
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under this subsection, the award of such grants, and
the purposes for which the grant amounts were ex-
pended.
(6) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $5,000,000 for each of fiscal years
2001 and 2002.
SEC. 1505. GRANT PROGRAM.
(a) AUTHORITY TO MAKE GRANTS.—The Office of
Justice Programs of the Department of Justice shall award
grants, in accordance with such regulations as the Attorney
General may prescribe, to State and local programs de-
signed to combat hate crimes committed by juveniles, in-
cluding programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate
crimes.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out this section.
SEC. 1506. AUTHORIZATION FOR ADDITIONAL PERSONNEL
TO ASSIST STATE AND LOCAL LAW ENFORCE-
MENT.
There are authorized to be appropriated to the Depart-
ment of the Treasury and the Department of Justice, in-
cluding the Community Relations Service, for fiscal years
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2001, 2002, and 2003 such sums as are necessary to in-
crease the number of personnel to prevent and respond to
alleged violations of section 249 of title 18, United States
Code (as added by this title).
SEC. 1507. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) IN GENERAL.—Chapter 13 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 249. Hate crime acts
‘‘(a) IN GENERAL.—
‘‘(1) OFFENSES
INVOLVING
ACTUAL
OR
PER-
CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI-
GIN.—Whoever, whether or not acting under color of
law, willfully causes bodily injury to any person or,
through the use of fire, a firearm, or an explosive or
incendiary device, attempts to cause bodily injury to
any person, because of the actual or perceived race,
color, religion, or national origin of any person—
‘‘(A) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
‘‘(B) shall be imprisoned for any term of
years or for life, fined in accordance with this
title, or both, if—
‘‘(i) death results from the offense; or
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‘‘(ii) the offense includes kidnaping or
an attempt to kidnap, aggravated sexual
abuse or an attempt to commit aggravated
sexual abuse, or an attempt to kill.
‘‘(2) OFFENSES
INVOLVING
ACTUAL
OR
PER-
CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX-
UAL ORIENTATION, OR DISABILITY.—
‘‘(A) IN
GENERAL.—Whoever, whether or
not acting under color of law, in any cir-
cumstance described in subparagraph (B), will-
fully causes bodily injury to any person or,
through the use of fire, a firearm, or an explosive
or incendiary device, attempts to cause bodily
injury to any person, because of the actual or
perceived religion, national origin, gender, sex-
ual orientation, or disability of any person—
‘‘(i) shall be imprisoned not more than
10 years, fined in accordance with this title,
or both; and
‘‘(ii) shall be imprisoned for any term
of years or for life, fined in accordance with
this title, or both, if—
‘‘(I) death results from the offense;
or
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‘‘(II) the offense includes kid-
naping or an attempt to kidnap, ag-
gravated sexual abuse or an attempt to
commit aggravated sexual abuse, or an
attempt to kill.
‘‘(B) 
CIRCUMSTANCES
DESCRIBED.—For
purposes of subparagraph (A), the circumstances
described in this subparagraph are that—
‘‘(i) the conduct described in subpara-
graph (A) occurs during the course of, or as
the result of, the travel of the defendant or
the victim—
‘‘(I) across a State line or na-
tional border; or
‘‘(II) using a channel, facility, or
instrumentality of interstate or foreign
commerce;
‘‘(ii) the defendant uses a channel, fa-
cility, or instrumentality of interstate or
foreign commerce in connection with the
conduct described in subparagraph (A);
‘‘(iii) in connection with the conduct
described in subparagraph (A) the defend-
ant employs a firearm, explosive or incen-
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diary device, or other weapon that has trav-
eled in interstate or foreign commerce; or
‘‘(iv) the conduct described in subpara-
graph (A)—
‘‘(I) interferes with commercial or
other economic activity in which the
victim is engaged at the time of the
conduct; or
‘‘(II) otherwise affects interstate
or foreign commerce.
‘‘(b) CERTIFICATION REQUIREMENT.—No prosecution
of any offense described in this subsection may be under-
taken by the United States, except under the certification
in writing of the Attorney General, the Deputy Attorney
General, the Associate Attorney General, or any Assistant
Attorney General specially designated by the Attorney Gen-
eral that—
‘‘(1) he or she has reasonable cause to believe
that the actual or perceived race, color, religion, na-
tional origin, gender, sexual orientation, or disability
of any person was a motivating factor underlying the
alleged conduct of the defendant; and
‘‘(2) he or his designee or she or her designee has
consulted with State or local law enforcement officials
regarding the prosecution and determined that—
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‘‘(A) the State does not have jurisdiction or
does not intend to exercise jurisdiction;
‘‘(B) the State has requested that the Fed-
eral Government assume jurisdiction;
‘‘(C) the State does not object to the Federal
Government assuming jurisdiction; or
‘‘(D) the verdict or sentence obtained pursu-
ant 
to 
State 
charges 
left 
demonstratively
unvindicated the Federal interest in eradicating
bias-motivated violence.
‘‘(c) DEFINITIONS.—In this section—
‘‘(1) the term ‘explosive or incendiary device’ has
the meaning given the term in section 232 of this
title; and
‘‘(2) the term ‘firearm’ has the meaning given
the term in section 921(a) of this title.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
analysis for chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
‘‘249. Hate crime acts.’’.
SEC. 1508. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) AMENDMENT OF FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing Com-
mission shall study the issue of adult recruitment of juve-
niles to commit hate crimes and shall, if appropriate,
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amend the Federal sentencing guidelines to provide sen-
tencing enhancements (in addition to the sentencing en-
hancement provided for the use of a minor during the com-
mission of an offense) for adult defendants who recruit juve-
niles to assist in the commission of hate crimes.
(b) CONSISTENCY WITH OTHER GUIDELINES.—In car-
rying out this section, the United States Sentencing Com-
mission shall—
(1) ensure that there is reasonable consistency
with other Federal sentencing guidelines; and
(2) avoid duplicative punishments for substan-
tially the same offense.
SEC. 1509. STATISTICS.
Subsection (b)(1) of the first section of the Hate Crimes
Statistics Act (28 U.S.C. 534 note) is amended by inserting
‘‘gender,’’ after ‘‘race,’’.
SEC. 1510. SEVERABILITY.
If any provision of this title, an amendment made by
this title, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this title, the amendments made
by this title, and the application of the provisions of such
to any person or circumstance shall not be affected thereby.
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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 2001’’.
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 ..............................
Redstone Arsenal .....................................
$23,400,000
Alaska ..................................
Fort Richardson ......................................
$3,000,000
Arizona ................................
Fort Huachuca ........................................
$1,250,000
California ............................
Fort Irwin ................................................
$31,000,000
Georgia ................................
Fort Benning ...........................................
$15,800,000
Hawaii ................................
Pohakuloa Training Range ....................
$32,000,000
Wheeler Army Air Field .........................
$43,800,000
Kansas .................................
Fort Riley ................................................
$22,000,000
Maryland ............................
Aberdeen Proving Ground ......................
$3,100,000
Fort Meade ...............................................
$19,000,000
Missouri ..............................
Fort Leonard Wood .................................
$61,200,000
North Carolina ...................
Fort Bragg ...............................................
$222,200,000
Sunny Point Military Ocean Terminal
$2,300,000
Ohio .....................................
Columbus ..................................................
$1,832,000
Oklahoma ............................
Fort Sill ...................................................
$10,100,000
Pennsylvania ......................
Carlisle Barracks .....................................
$10,500,000
New Cumberland Army Depot ...............
$3,700,000
Texas ...................................
Fort Bliss .................................................
$26,000,000
Fort Hood ................................................
$26,000,000
Red River Army Depot ...........................
$800,000
Virginia ...............................
Fort Eustis ...............................................
$4,450,000
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Army: Inside the United States—Continued
State
Installation or location
Amount
Total: ................................................
$563,432,000
(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 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 ..................................
Area Support Group, Bamberg .........
$11,650,000
Area Support Group, Darmstadt ......
$11,300,000
Kaiserslautern .....................................
$3,400,000
Mannheim ...........................................
$4,050,000
Korea ........................................
Camp Humphreys ..............................
$14,200,000
Camp Page ..........................................
$19,500,000
Total: ...........................................
$64,100,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2104(a)(3), the Secretary of the Army may ac-
quire real property and carry out military construction
projects for the installation and location, and in the
amount, set forth in the following table:
Army: Unspecified Worldwide
Location
Installation
Amount
Unspecified Worldwide ...........
Classified Location .............................
$11,500,000
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)(6)(A), the Secretary of the
Army may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table:
Army: Family Housing
State or County
Installation or loca-
tion
Purpose
Amount
Alaska ..............................
Fort Wainwright ............
72 Units ...........
$24,000,000
Arizona ............................
Fort Huachuca ...............
110 Units .........
$16,224,000
Hawaii ............................
Schofield Barracks .........
72 Units ...........
$15,500,000
Kentucky .........................
Fort Campbell ................
56 Units ...........
$7,800,000
Fort Campbell ................
128 Units .........
$20,000,000
Maryland ........................
Fort Detrick ...................
48 Units ...........
$5,600,000
North Carolina ...............
Fort Bragg .....................
112 Units .........
$14,600,000
South Carolina ...............
Fort Jackson ..................
1 Unit ...............
$250,000
Texas ...............................
Fort Bliss .......................
64 Units ...........
$10,200,000
Fort Sam Houston .........
80 Units ...........
$10,000,000
Korea ...............................
Camp Humphreys .........
60 Units ...........
$21,800,000
Total: ......................
...........................
$145,974,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2104(a)(6)(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 $8,742,000.
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)(6)(A), the Sec-
retary of the Army may improve existing military family
housing units in an amount not to exceed $63,590,000.
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SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2000, for military construction,
land acquisition, and military family housing functions of
the Department of the Army in the total amount of
$1,978,295,000 as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2101(a),
$372,832,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2101(b),
$64,100,000.
(3) For military construction projects at unspec-
ified worldwide locations authorized by section
2101(c), $11,500,000.
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $15,000,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $97,482,000.
(6) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $218,306,000.
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(B) For support of military family housing
(including the functions described in section
2833 
of 
title 
10, 
United 
States 
Code),
$978,275,000.
(7) For the construction of the Ammunition De-
militarization Facility, Pine Bluff Arsenal, Arkansas,
authorized in section 2401(a) of the Military Con-
struction Authorization Act for Fiscal Year 1995 (di-
vision B of Public Law 103–337; 108 Stat. 3040), as
amended by section 2407 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of
Public Law 104–106; 110 Stat. 539), section 2408 of
the Military Construction Authorization Act for Fis-
cal Year 1998 (division B of Public Law 105–85; 111
Stat. 1982), and section 2406 of the Military Con-
struction Authorization Act for Fiscal Year 1999 (di-
vision B of Public Law 105–261; 112 Stat. 2197),
$43,600,000.
(8) For the construction of the Ammunition De-
militarization Facility Phase 6, Umatilla Army
Depot, Oregon, authorized in section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1995, as amended by section 2407 of the Mili-
tary Construction Authorization Act for Fiscal Year
1996, section 2408 of the Military Construction Au-
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thorization Act for Fiscal Year 1998, and section
2406 of the Military Construction Authorization Act
for Fiscal Year 1999, $9,400,000.
(9) For the construction of the Ammunition De-
militarization Facility Phase 2, Pueblo Army Depot,
Colorado, authorized in section 2401(a) of the Mili-
tary Construction Authorization Act for Fiscal Year
1997 (division B of Public Law 104–201; 110 Stat.
2775), as amended by section 2406 of the Military
Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106–65; 113 Stat. 839),
$10,700,000.
(10) For the construction of the Ammunition De-
militarization Facility Phase 3, Newport Army
Depot, Indiana, authorized in section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1999 (112 Stat. 2193), $54,400,000.
(11) For the construction of the Ammunition De-
militarization Facility phase 3, Aberdeen Proving
Ground, Maryland, authorized in section 2401(a) of
the Military Construction Authorization Act for Fis-
cal Year 1999, $45,700,000.
(12) For the construction of the railhead facility,
Fort Hood, Texas, authorized in section 2101(a) of
the Military Construction Authorization Act for Fis-
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cal Year 1999, as amended by section 2106 of this
Act, $9,800,000.
(13) For the construction of a Barracks Com-
plex—Infantry Drive Phase 1C, Fort Riley, Kansas,
authorized in section 2101(a) of the Military Con-
struction Authorization Act for Fiscal Year 1999, as
amended by section 2106 of this Act, $10,000,000.
(14) For the construction of a Multipurpose Dig-
ital Range Phase 3, Fort Knox, Kentucky, authorized
in section 2101(a) of the Military Construction Au-
thorization Act for Fiscal Year 1999, $600,000.
(15) For the construction of the Chemical De-
fense Qualification Facility, Pine Bluff Arsenal, Ar-
kansas, authorized in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2000
(113 Stat. 825), $2,592,000.
(16) For the construction of a Barracks Com-
plex—Wilson Street Phase 1B, Schofield Barracks,
Hawaii, authorized in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 2000,
$22,400,000.
(17) For the construction of the Ammunition De-
militarization Support Phase 2, Blue Grass Army
Depot, Kentucky, authorized in section 2401(a) the
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Military Construction Act for Fiscal Year 2000 (113
Stat. 836), $8,500,000.
(18) For the construction of a Barracks Com-
plex—Tagaytay Street Phase 2B, Fort Bragg, North
Carolina, authorized in section 2101(a) of the Mili-
tary 
Construction 
Act 
for 
Fiscal 
Year 
2000,
$3,108,000.
(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 variations 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) $22,600,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
a Basic Training Complex at Fort Leonard Wood,
Missouri);
(3) $10,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a
Multipurpose Digital Training Range at Fort Hood,
Texas);
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(4) $34,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a
barracks complex, Longstreet Road Phase I at Fort
Bragg, North Carolina);
(5) $104,000,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
a barracks complex, Bunter Road Phase I at Fort
Bragg, North Carolina); and
(6) $20,000,000 (the balance of the amount au-
thorized under section 2101(a) for the construction of
Saddle Access Road, Pohakuloa Training Facility,
Hawaii).
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (18) of
subsection (a) is the sum of the amounts authorized to be
appropriated by those paragraphs, reduced by $20,546,000
which represents savings in the foreign currency account.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2000 PROJECTS.
(a) CONSTRUCTION PROJECTS INSIDE THE UNITED
STATES.—The table in section 2101(a) of the Military Con-
struction Authorization Act for Fiscal Year 2000 (division
B of Public Law 106–65; 113 Stat. 825) is amended—
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(1) in the item relating to Fort Stewart, Geor-
gia, by striking ‘‘$71,700,000’’ in the amount column
and inserting ‘‘$25,700,000’’;
(2) by striking the item relating to Fort Riley,
Kansas; and
(3) by striking the amount identified as the total
in the amount column and inserting ‘‘$956,750,000’’.
(b) UNSPECIFIED MINOR CONSTRUCTION PROJECTS.—
Subsection (a)(3) of section 2104 of the Military Construc-
tion Authorization Act for Fiscal Year 2000 (113 Stat. 826)
is amended by striking ‘‘$9,500,000’’ and inserting
‘‘$14,600,000’’.
(c) CONFORMING AMENDMENTS.—Section 2104 of the
Military Construction Authorization Act for Fiscal Year
2000 is further amended—
(1) in the matter preceding subsection (a), by
striking 
‘‘$2,353,231,000’’ 
and 
inserting
‘‘$2,358,331,000’’; and
(2) by striking paragraph (7) of subsection (b).
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 1999 PROJECTS.
(a) MODIFICATION.—The table in section 2101 of the
Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105–261; 112 Stat. 2182)
is amended—
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(1) in the item relating to Fort Hood, Texas, by
striking ‘‘$32,500,000’’ in the amount column and in-
serting ‘‘$45,300,000’’;
(2) in the item relating to Fort Riley, Kansas,
by striking ‘‘$41,000,000’’ in the amount column and
inserting ‘‘$44,500,000’’; and
(3) by striking the amount identified as the total
in the amount column and inserting ‘‘$785,081,000’’.
(b) CONFORMING AMENDMENTS.—Section 2104 of that
Act (112 Stat. 2184) is amended—
(1) in the matter preceding subsection (a), by
striking 
‘‘$2,098,713,000’’ 
and 
inserting
‘‘$2,111,513,000’’;
(2) 
in 
subsection 
(a)(1)(1), 
by 
striking
‘‘$609,076,000’’ and inserting ‘‘$622,581,000’’; and
(3) 
in 
subsection 
(b)(7), 
by 
striking
‘‘$24,500,000’’ and inserting ‘‘$28,000,000’’.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT
FISCAL YEAR 1998 PROJECT.
(a) MODIFICATION.—The table in section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
1998 (division B of Public Law 105–85; 111 Stat. 1967),
as amended by section 2105(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Pub-
lic Law 105–261; 112 Stat. 2185) is further amended—
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(1) in the item relating to Hunter Army Air-
field, 
Fort 
Stewart, 
Georgia, 
by 
striking
‘‘$54,000,000’’ in the amount column and inserting
‘‘$57,500,000’’; and
(2) by striking the amount identified as the total
in the amount column and inserting ‘‘$606,250,000’’.
(b) CONFORMING AMENDMENT.—Section 2104(b)(5) of
the Military Construction Authorization Act for Fiscal Year
1998 
(111 
Stat. 
1969) 
is 
amended 
by 
striking
‘‘$42,500,000’’ and inserting ‘‘$46,000,000’’.
SEC. 2108. AUTHORITY TO ACCEPT FUNDS FOR REALIGN-
MENT OF CERTAIN MILITARY CONSTRUCTION
PROJECT, FORT CAMPBELL, KENTUCKY.
(a) AUTHORITY TO ACCEPT FUNDS.—(1) The Sec-
retary of the Army may accept funds from the Federal
Highway Administration or the State of Kentucky for pur-
poses of funding all costs associated with the realignment
of the military construction project involving a rail con-
nector located at Fort Campbell, Kentucky, authorized in
section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 1997 (division B of Public Law 104–
201; 110 Stat. 2763).
(2) Any funds accepted under paragraph (1) shall be
credited to the account of the Department of the Army from
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which the costs of the realignment of the military construc-
tion project described in that paragraph are to be paid.
(b) USE OF FUNDS.—(1) The Secretary may use funds
accepted under subsection (a) for any costs associated with
the realignment of the military construction project de-
scribed in that subsection in addition to any amounts au-
thorized and appropriated for the military construction
project.
(2) For purposes of paragraph (1), the costs associated
with the realignment of the military construction project
described in subsection (a) include redesign costs, addi-
tional construction costs, additional costs due to construc-
tion delays related to the realignment, and additional real
estate costs.
(3) Funds accepted under subsection (a) shall remain
available under paragraph (1) until expended.
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:
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Navy: Inside the United States
State
Installation or location
Amount
Arizona .............................
Marine Corps Air Station, Yuma ...............
$8,200,000
Navy Detachment, Camp Navajo ................
$2,940,000
California .........................
Marine Corps Air Station, Miramar ..........
$7,350,000
Marine Corps Air-Ground Combat Center,
Twentynine Palms.
$2,100,000
Marine Corps Base, Camp Pendleton .........
$8,100,000
Naval Air Station, Lemoore ........................
$8,260,000
Naval Air Warfare Center Weapons Divi-
sion, Point Mugu.
$11,400,000
Naval Aviation Depot, North Island ...........
$4,340,000
Naval Facility, San Clemente Island .........
$8,860,000
Naval Ship Weapons Systems Engineering
Station, Port Hueneme.
$10,200,000
Naval Station, San Diego ............................
$53,200,000
Connecticut .......................
Naval Submarine Base, New London .........
$3,100,000
CONUS Various ..............
CONUS Various ...........................................
$11,500,000
District of Columbia ........
Marine Corps Barracks ................................
$17,197,000
Naval District, Washington .........................
$2,450,000
Naval Research Laboratory, Washington ...
$12,390,000
Florida ..............................
Coastal System Station, Panama City ......
$9,960,000
Naval Air Station, Whiting Field, Milton
$5,130,000
Naval Surface Warfare Center Detachment,
Ft. Lauderdale.
$3,570,000
Georgia .............................
Marine Corps Logistics Base, Albany .........
$1,100,000
Trident Refit Facility, Kings Bay ..............
$5,200,000
Hawaii .............................
Fleet Industrial Supply Center, Pearl
Harbor.
$12,000,000
Naval Undersea Weapons Station Detach-
ment, Lualualei.
$2,100,000
Marine Corps Air Station, Kaneohe ...........
$18,400,000
Naval Station, Pearl Harbor .......................
$37,600,000
Illinois ..............................
Naval Training Center, Great Lakes ..........
$121,400,000
Maine ................................
Naval Air Station, Brunswick ....................
$2,450,000
Naval Ship Yard, Portsmouth .....................
$4,960,000
Maryland ..........................
Naval Explosive Ordinance Disposal Tech
Division, Indian Head.
$6,430,000
Mississippi .......................
Naval Air Station, Meridian .......................
$6,230,000
Naval Oceanographic Office, Stennis Space
Center.
$6,950,000
Nevada ..............................
Naval Air Station, Fallon ...........................
$6,280,000
New Jersey .......................
Naval Weapons Station, Earle ....................
$2,420,000
North Carolina .................
Marine Corps Air Station, Cherry Point ...
$8,480,000
Marine Corps Air Station, New River .......
$3,400,000
Marine Corps Base, Camp LeJeune ...........
$45,870,000
Naval Aviation Depot, Cherry Point ..........
$7,540,000
Rhode Island ....................
Naval Undersea Warfare Center Division,
Newport.
$4,150,000
South Carolina ................
Marine Corps Air Station, Beaufort ..........
$3,140,000
Marine Corps Recruit Depot, Parris Island
$2,660,000
Texas .................................
Naval Air Station, Kingsville .....................
$2,670,000
Virginia ............................
AEGIS Combat Systems Center, Wallops
Island.
$3,300,000
Marine Corps Combat Development Com-
mand, Quantico.
$8,590,000
Naval Air Station, Oceana ..........................
$5,250,000
Naval Air Station, Norfolk ..........................
$31,450,000
Naval Amphibious Base, Little Creek .........
$2,830,000
Naval Shipyard, Norfolk, Portsmouth ........
$16,100,000
Naval Station, Norfolk .................................
$4,700,000
Naval Surface Warfare Center, Dahlgren ...
$30,700,000
Washington .......................
Naval Station, Everett .................................
$5,500,000
Naval Submarine Base, Bangor ..................
$4,600,000
Puget Sound Naval Shipyard, Bremerton
$78,460,000
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Navy: Inside the United States—Continued
State
Installation or location
Amount
Strategic Weapons Facility Pacific, Brem-
erton.
$1,400,000
Total: .....................................................
$694,557,000
(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
Bahrain ............................
Administrative Support Unit ......................
$19,400,000
Italy ..................................
Naval Air Station, Sigonella .......................
$32,969,000
Naval Support Activity, Naples ..................
$15,000,000
Various Locations ............
Host Nation Infrastructure Support ..........
$142,000
Total: .....................................................
$67,511,000
SEC. 2202. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(5)(A), the Secretary of the
Navy may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table:
Navy: Family Housing
State
Installation or loca-
tion
Purpose
Amount
California ..................
Marine Corps Air-
Ground Combat Cen-
ter, Twentynine Palms.
79 Units ...........
$13,923,000
Naval Air Station,
Lemoore.
160 Units .........
$27,768,000
Hawaii ......................
Commander Naval Base,
Pearl Harbor.
112 Units .........
$23,654,000
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Navy: Family Housing—Continued
State
Installation or loca-
tion
Purpose
Amount
Commander Naval Base,
Pearl Harbor.
62 Units ...........
$14,237,000
Commander Naval Base,
Pearl Harbor.
98 Units ...........
$22,230,000
Marine Corps Air Sta-
tion, Kaneohe Bay.
84 Units ...........
$21,910,000
Maine .........................
Naval Air Station,
Brunswick.
168 Units .........
$18,722,000
Mississippi ................
Naval Station,
Pascagoula.
140 Units .........
$21,605,000
North Carolina ..........
Camp LeJeune ................
149 Units .........
$7,838,000
Washington ................
Naval Air Station,
Whidbey Island.
98 Units ...........
$16,873,000
Total: ........
$188,760,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may carry
out architectural and engineering services and construction
design activities with respect to the construction or im-
provement of military family housing units in an amount
not to exceed $19,958,000.
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)(5)(A), the Sec-
retary of the Navy may improve existing military family
housing units in an amount not to exceed $183,547,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL.—Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years begin-
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ning after September 30, 2000, for military construction,
land acquisition, and military family housing functions of
the Department of the Navy in the total amount of
$2,095,163,000 as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2201(a),
$633,537,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2201(b),
$66,571,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $7,659,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $64,093,000.
(5) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $392,265,000.
(B) For support of military housing (in-
cluding functions described in section 2833 of
title 10, United States Code), $882,638,000.
(6) For construction of a berthing wharf at
Naval Air Station, North Island, California, author-
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ized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of
Public Law 106–65; 113 Stat. 828), $12,800,000.
(7) For construction of the Commander-in-Chief
Headquarters, Pacific Command, Camp H.M. Smith,
Hawaii, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2000,
$35,600,000.
(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) and (2) of subsection
(a);
(2) $17,500,000 (the balance of the amount au-
thorized under section 2201(a) for repair of a pier at
Naval Station, San Diego, California);
(3) $12,390,000 (the balance of the amount au-
thorized under section 2201(a) for construction of a
Nano Science Research Laboratory, Washington, Dis-
trict of Columbia);
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(4) $4,000,000 (the balance of the amount au-
thorized under section 2201(a) for construction of ar-
mories at Marine Corps Base, Camp LeJeune, North
Carolina);
(5) $2,670,000 (the balance of the amount au-
thorized under section 2201(a) for construction of an
aircraft parking apron at Naval Air Station,
Kingsville, Texas);
(6) $24,460,000 (the balance of the amount au-
thorized under section 2201(a) for replacement of a
pier at Naval Ship Yard, Bremerton, Puget Sound,
Washington); and
(7) $940,000 (the balance of the amount author-
ized under section 2201(b) for construction of commu-
nity facilities at Naval Air Station, Sigonella, Italy).
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (7) of
subsection (a) is the sum of the amounts authorized to be
appropriated by such paragraphs, reduced by $9,351,000
which represents $3,960,000 for savings in the foreign cur-
rency account and $5,391,000 from prior year unobligated
funds.
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SEC. 2205. CORRECTION IN AUTHORIZED USE OF FUNDS,
MARINE CORPS COMBAT DEVELOPMENT COM-
MAND, QUANTICO, VIRGINIA.
The Secretary of the Navy may carry out a military
construction project involving infrastructure development
at the Marine Corps Combat Development Command,
Quantico, Virginia, in the amount of $8,900,000, using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(1) of the Military Construc-
tion Authorization Act for Fiscal Year 1997 (division B
of Public Law 104–201; 110 Stat. 2769) for a military con-
struction project involving a sanitary landfill at that in-
stallation, as authorized by section 2201(a) of that Act (110
Stat. 2767) and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 2000 (divi-
sion B of Public Law 106–65; 113 Stat. 842) and section
2703 of this Act.
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(a)(1), the Secretary of the Air Force 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:
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Air Force: Inside the United States
State
Installation or location
Amount
Alabama ....................................
Maxwell Air Force Base ......................
$3,825,000
Alaska .......................................
Cape Romanzof .....................................
$3,900,000
Eielson Air Force Base ........................
$40,990,000
Elmendorf Air Force Base ...................
$35,186,000
Arizona .....................................
Davis-Monthan Air Force Base ..........
$7,900,000
Arkansas ...................................
Little Rock Air Force Base ..................
$18,319,000
California .................................
Beale Air Force Base ...........................
$10,099,000
Los Angeles Air Force Base .................
$6,580,000
Vandenberg Air Force Base .................
$4,650,000
Colorado ....................................
Buckley Air National Guard Base .....
$2,750,000
Peterson Air Force Base ......................
$20,086,000
Schriever Air Force Base .....................
$8,450,000
United States Air Force Academy ......
$18,960,000
CONUS Classified ....................
Classified Location ...............................
$1,810,000
District of Columbia ................
Bolling Air Force Base ........................
$4,520,000
Florida ......................................
Eglin Air Force Base ...........................
$8,940,000
Eglin Auxiliary Field 9 ......................
$7,960,000
Patrick Air Force Base ........................
$12,970,000
Tyndall Air Force Base .......................
$25,300,000
Georgia ......................................
Fort Stewart/Hunter Army Air Field
$4,920,000
Moody Air Force Base .........................
$11,318,000
Robins Air Force Base .........................
$4,095,000
Hawaii ......................................
Hickam Air Force Base .......................
$4,620,000
Idaho .........................................
Mountain Home Air Force Base .........
$10,125,000
Illinois .......................................
Scott Air Force Base ............................
$3,830,000
Kansas ......................................
McConnell Air Force Base ...................
$2,100,000
Louisiana ..................................
Barksdale Air Force Base ....................
$20,464,000
Massachusetts ...........................
Hanscom Air Force Base .....................
$17,851,000
Mississippi ................................
Columbus Air Force Base ....................
$4,828,000
Keesler Air Force Base .........................
$15,040,000
Missouri ....................................
Whiteman Air Force Base ...................
$12,050,000
Montana ....................................
Malmstrom Air Force Base .................
$11,179,000
Nebraska ...................................
Offut Air Force Base ............................
$9,765,000
New Jersey ................................
McGuire Air Force Base ......................
$9,772,000
New Mexico ...............................
Cannon Air Force Base .......................
$4,934,000
Holloman Air Force Base ....................
$18,380,000
Kirtland Air Force Base ......................
$7,352,000
North Carolina .........................
Pope Air Force Base ............................
$24,570,000
Ohio ...........................................
Wright-Patterson Air Force Base .......
$22,600,000
Oklahoma ..................................
Altus Air Force Base ............................
$2,939,000
Tinker Air Force Base .........................
$18,180,000
Vance Air Force Base ..........................
$10,504,000
South Carolina .........................
Charleston Air Force Base ...................
$22,238,000
Shaw Air Force Base ...........................
$2,850,000
South Dakota ...........................
Ellsworth Air Force Base ....................
$10,290,000
Texas .........................................
Dyess Air Force Base ...........................
$24,988,000
Lackland Air Force Base .....................
$10,330,000
Utah ..........................................
Hill Air Force Base .............................
$28,050,000
Virginia ....................................
Langley Air Force Base .......................
$7,470,000
Washington ...............................
Fairchild Air Force Base .....................
$2,046,000
McChord Air Force Base .....................
$10,250,000
Wyoming ...................................
F.E. Warren Air Force Base ...............
$36,114,000
Total: .............................................
$649,237,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(2), the Secretary of the Air Force
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may acquire real property and carry out military construc-
tion 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
Diego Garcia ............................
Diego Garcia .........................................
$5,475,000
Italy ..........................................
Aviano Air Base ...................................
$8,000,000
Korea .........................................
Kunsan Air Base ..................................
$6,400,000
Osan Air Base ......................................
$21,948,000
Spain ........................................
Naval Station Rota ..............................
$5,052,000
Turkey .......................................
Incirlik Air Base ..................................
$1,000,000
Total: .............................................
$47,875,000
SEC. 2302. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2304(a)(5)(A), the Secretary of the
Air Force may construct or acquire family housing units
(including land acquisition) at the installations, for the
purposes, and in the amounts set forth in the following
table:
Air Force: Family Housing
State
Installation or loca-
tion
Purpose
Amount
District of Columbia ......
Bolling Air Force Base
136 Units .........
$17,137,000
Idaho ...............................
Mountain Home Air
Force Base.
119 Units .........
$22,694,000
North Dakota ..................
Cavalier Air Force Sta-
tion.
2 Units .............
$443,000
Minot Air Force Base ....
134 Units .........
$19,097,000
Total: ........
$59,371,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may
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carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of military family housing units in an
amount not to exceed $13,730,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2304(a)(5)(A), the Sec-
retary of the Air Force may improve existing military fam-
ily housing units in an amount not to exceed $174,046,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR
FORCE.
(a) IN GENERAL.—Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2000, for military construction,
land acquisition, and military family housing functions of
the Department of the Air Force in the total amount of
$1,851,909,000 as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2301(a),
$649,237,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2301(b),
$47,875,000.
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(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $9,850,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $71,529,000.
(5) For military housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $247,147,000.
(B) For support of military family housing
(including functions described in section 2833 of
title 10, United States Code), $826,271,000.
(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 2301 of this Act
may not exceed the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection (a).
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (5) of
subsection (a) is the sum of the amounts authorized to be
appropriated by such paragraphs, reduced by $33,846,000,
which represents $12,231,000 for savings in the foreign cur-
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rency account and $21,615,000 from prior year unobligated
funds.
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 2403(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 Education Activity .....
Camp LeJeune, North Carolina ..........
$5,914,000
Laurel Bay, South Carolina ...............
$804,000
Defense Logistics Agency .........
Defense Distribution Depot Susque-
hanna, New Cumberland, Pennsyl-
vania .................................................
$17,700,000
Defense Fuel Support Point, Cherry
Point, North Carolina .....................
$5,700,000
Defense Fuel Support Point, MacDill
Air Force Base, Florida ...................
$16,956,000
Defense Fuel Support Point, McCon-
nell Air Force Base, Kansas ............
$11,000,000
Defense Fuel Support Point, Naval
Air Station, Fallon, Nevada ...........
$5,000,000
Defense Fuel Support Point, North Is-
land, California ................................
$5,900,000
Defense Fuel Support Point, Oceana
Naval Air Station, Virginia ...........
$2,000,000
Defense Fuel Support Point, Patuxent
River, Maryland ...............................
$8,300,000
Defense 
Fuel 
Support 
Point,
Twentynine Palms, California ........
$2,200,000
Defense Supply Center, Richmond,
Virginia .............................................
$4,500,000
National Security Agency .......
Fort Meade, Maryland .........................
$4,228,000
Special Operations Command
Classified Location ...............................
$2,303,000
Eglin Auxiliary Field 9, Florida ........
$23,204,000
Fleet Combat Training Center, Dam
Neck, Virginia ..................................
$5,500,000
Fort Bragg, North Carolina ................
$8,600,000
Fort Campbell, Kentucky .....................
$16,300,000
Naval Air Station, North Island,
California .........................................
$1,350,000
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Defense Agencies: Inside the United States—Continued
Agency
Installation or location
Amount
Naval Air Station, Oceana, Virginia
$3,400,000
Naval Amphibious Base, Coronado,
California .........................................
$4,300,000
Naval Amphibious Base, Little Creek,
Virginia .............................................
$5,400,000
Tri-Care Management Activity
Edwards Air Force Base, California ..
$17,900,000
Marine Corps Base, Camp Pendleton,
California .........................................
$14,150,000
Eglin Air Force Base, Florida ............
$37,600,000
Fort Drum, New York ..........................
$1,400,000
Patrick Air Force Base, Florida .........
$2,700,000
Tyndall Air Force Base, Florida ........
$7,700,000
Total: .............................................
$242,009,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2403(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 Activity .....
Hanau, Germany .................................
$1,026,000
Hohenfels, Germany .............................
$13,774,000
Royal Air Force, Feltwell, United
Kingdom ...........................................
$1,287,000
Royal Air Force, Lakenheath, United
Kingdom ...........................................
$3,086,000
Schweinfurt, Germany .........................
$1,444,000
Sigonella, Italy .....................................
$971,000
Wuerzburg, Germany ...........................
$1,798,000
Defense Finance and Account-
ing Service.
Kleber Kaserne, Germany ....................
$7,500,000
Defense Logistics Agency .........
Defense Fuel Support Point, Andersen
Air Force Base, Guam .....................
$36,000,000
Defense Fuel Support Point, Marine
Corps Air Station, Iwakuni, Japan
$22,400,000
Defense Fuel Support Point, Misawa
Air Base, Japan ...............................
$26,400,000
Defense Fuel Support Point, Royal
Air 
Force, 
Mildenhall, 
United
Kingdom ...........................................
$10,000,000
Defense 
Fuel 
Support 
Point,
Sigonella, Italy .................................
$16,300,000
Defense Threat Reduction
Agency.
Darmstadt, Germany ...........................
$2,450,000
Special Operations Command
Roosevelt Roads, Puerto Rico ..............
$1,241,000
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Defense Agencies: Outside the United States—Continued
Agency
Installation or location
Amount
Taegu, Korea ........................................
$1,450,000
Tri-Care Management Agency
Kitzingen, Germany .............................
$1,400,000
Naval Support Activity, Naples, Italy
$43,850,000
Wiesbaden Air Base, Germany ...........
$7,187,000
Total: .............................................
$199,564,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2403(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
Amount
Unspecified Worldwide ............
Unspecified Worldwide ........................
$451,135,000
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2403(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 $16,785,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE
AGENCIES.
(a) IN GENERAL.—Subject to subsection (c), funds are
hereby authorized to be appropriated for fiscal years begin-
ning after September 30, 2000, for military construction,
land acquisition, and military family housing functions of
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the Department of Defense (other than the military depart-
ments), in the total amount of $1,912,703,000 as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2401(a),
$242,009,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2401(b),
$199,564,000.
(3) For the military construction projects at un-
specified worldwide locations authorized by section
2401(c), $85,095,000.
(4) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$17,390,000.
(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, $78,605,000.
(7) For energy conservation projects authorized
by section 2404 of this Act, $16,785,000.
(8) For base closure and realignment activities
as authorized by the Defense Base Closure and Re-
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alignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note), $1,174,369,000.
(9) For military family housing functions, for
support of military housing (including functions de-
scribed in section 2833 of title 10, United States
Code), 
$44,886,000 
of 
which 
not 
more 
than
$38,478,000 may be obligated or expended for the
leasing of military family housing units worldwide.
(10) For construction of a replacement hospital
at Fort Wainwright, Alaska, authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law
106–65; 113 Stat. 836), $44,000,000.
(b) LIMITATION OF TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variation authorized
by section 2853 of title 10, United States Code, and any
other cost variations 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) and (2) of subsection
(a); and
(2) $366,040,000 (the balance of the amount au-
thorized under section 2401(c) for construction of Na-
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tional Missile Defense Initial Deployment Facilities,
Unspecified Worldwide locations).
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (6) of
subsection (a) is the sum of the amounts authorized to be
appropriated by such paragraphs, reduced by $7,155,000
which represents savings in the foreign currency account.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 1990 PROJECT.
(a) INCREASE.—Section 2401(a) of the Military Con-
struction Authorization Act for Fiscal Years 1990 and 1991
(division B of Public Law 101–189), as amended by section
2407 of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105–261; 112
Stat. 2197), is amended in the item relating to Portsmouth
Naval Hospital, Virginia, by striking ‘‘$351,354,000’’ and
inserting ‘‘$359,854,000’’.
(b) CONFORMING AMENDMENT.—Section 2405(b)(2) of
the Military Construction Authorization Act for Fiscal
Years 1990 and 1991, as amended by section 2407 of the
Military Construction Authorization Act for Fiscal Year
1999, is amended by striking ‘‘$342,854,000’’ and inserting
‘‘$351,354,000’’.
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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,
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, 2000, 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 $190,000,000.
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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, 2000, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefore, 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—
(A) for the Army National Guard of the
United States, $181,629,000; and
(B) for the Army Reserve, $92,497,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $38,091,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the
United States, $161,806,000; and
(B) for the Air Force Reserve, $32,673,000.
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SEC. 2602. AUTHORIZATION FOR CONTRIBUTION TO CON-
STRUCTION OF AIRPORT TOWER, CHEYENNE
AIRPORT, CHEYENNE, WYOMING.
(a) INCREASE IN AMOUNT AUTHORIZED FOR AIR NA-
TIONAL GUARD.—The amount authorized to be appro-
priated by section 2601(3)(A) is hereby increased by
$1,450,000.
(b) OFFSET.—The amounts authorized to be appro-
priated by section 2403(a), and by paragraph (2) of that
section, are each hereby reduced by $1,450,000. The amount
of the reduction shall be allocated to the project authorized
in section 2401(b) for the Tri-Care Management Agency for
the Naval Support Activity, Naples, Italy.
(c) AVAILABILITY OF FUNDS FOR CONTRIBUTION TO
TOWER.—Of the amounts authorized to be appropriated by
section 2601(3)(A), as increased by subsection (a),
$1,450,000 shall be available to the Secretary of the Air
Force for a contribution to the costs of construction of a
new airport tower at Cheyenne Airport, Cheyenne, Wyo-
ming.
(d) AUTHORITY TO MAKE CONTRIBUTION.—The Sec-
retary may, using funds available under subsection (c),
make a contribution, in an amount considered appropriate
by the Secretary and consistent with applicable agreements,
to the costs of construction of a new airport tower at Chey-
enne Airport, Cheyenne, Wyoming.
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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 therefore) shall ex-
pire on the later of—
(1) October 1, 2003; or
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year
2004.
(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
therefore) for which appropriated funds have been obligated
before the later of—
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(1) October 1, 2003; or
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2004 for military construc-
tion projects, land acquisition, family housing
projects and facilities, or contributions to the North
Atlantic Treaty Organization Security Investment
program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1998 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year
1998 (division B of Public Law 105–85; 111 Stat. 1984),
authorizations set forth in the tables in subsection (b), as
provided in section 2102, 2202, or 2302 of that Act, shall
remain in effect until October 1, 2001, or the date of the
enactment of an Act authorizing funds for military con-
struction for fiscal year 2002, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Army: Extension of 1998 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Maryland ........................
Fort Meade .....................
Family Housing
Construction
(56 units).
$7,900,000
Texas ...............................
Fort Hood .......................
Family Housing
Construction
(130 units).
$18,800,000
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Navy: Extension of 1998 Project Authorizations
State
Installation or loca-
tion
Project
Amount
California ........................
Naval Complex, San
Diego.
Replacement
Family Hous-
ing Construc-
tion (94
units).
$13,500,000
California ........................
Marine Corps Air Sta-
tion, Miramar.
Family Housing
Construction
(166 units).
$28,881,000
California ........................
Marine Corps Air-
Ground Combat Cen-
ter, Twentynine
Palms.
Replacement
Family Hous-
ing Construc-
tion (132
units).
$23,891,000
Louisiana ........................
Naval Complex, New Or-
leans.
Replacement
Family Hous-
ing Construc-
tion (100
units).
$11,930,000
Texas ...............................
Naval Complex,
Kingsville and Corpus
Christi.
Family Housing
Construction
(212 units).
$22,250,000
Washington .....................
Naval Air Station,
Whidbey Island.
Replacement
Family Hous-
ing Construc-
tion (102
units).
$16,000,000
Air Force: Extension of 1998 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Georgia ............................
Robins Air Force Base ..
Replace Family
Housing (60
units).
$6,800,000
Idaho ...............................
Mountain Home Air
Force Base.
Replace Family
Housing (60
units).
$11,032,000
New Mexico .....................
Kirtland Air Force Base
Replace Family
Housing (180
units).
$20,900,000
Texas ...............................
Dyess Air Force Base ....
Construct Fam-
ily Housing
(70 units).
$10,503,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1997 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year
1997 (division B of Public Law 104–201; 110 Stat. 2782),
authorizations set forth in the tables in subsection (b), as
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provided in section 2201, 2202, or 2601 of that Act and
extended by section 2702 of the Military Construction Au-
thorization Act for Fiscal Year 2000 (division B of Public
Law 106–65; 113 Stat. 842), shall remain in effect until
October 1, 2001, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2002, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Navy: Extension of 1997 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Florida ............................
Navy Station, Mayport
Family Housing
Construction
(100 units).
$10,000,000
North Carolina ...............
Marine Corps Base,
Camp Lejuene.
Family Housing
Construction
(94 units).
$10,110,000
South Carolina ...............
Marine Corps Air Sta-
tion, Beaufort.
Family Housing
Construction
(140 units).
$14,000,000
Texas ...............................
Naval Complex, Corpus
Christi.
Family Housing
Replacement
(104 units).
$11,675,000
Naval Air Station,
Kingsville.
Family Housing
Replacement
(48 units).
$7,550,000
Virginia ...........................
Marine Corps Combat
Development Com-
mand, Quantico.
Infrastructure ..
$8,900,000
Washington .....................
Naval Station, Everett ..
Family Housing
Construction
(100 units).
$15,015,000
Army National Guard: Extension of 1997 Project Authorization
State
Installation or loca-
tion
Project
Amount
Mississippi ......................
Camp Shelby ..................
Multipurpose
Range Com-
plex (Phase
II).
$5,000,000
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SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall
take effect on the later of—
(1) October 1, 2000; 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. 
JOINT 
USE 
MILITARY 
CONSTRUCTION
PROJECTS.
(a) SENSE OF CONGRESS ON JOINT USE PROJECTS.—
It is the sense of Congress that in preparing the budget for
a fiscal year for submission to Congress under section 1105
of title 31, United States Code, the Secretary of Defense
should—
(1) seek to identify military construction projects
that are suitable as joint use military construction
projects;
(2) specify in the budget for the fiscal year the
military construction projects that are identified
under paragraph (1); and
(3) give priority in the budget for the fiscal year
to the military construction projects specified under
paragraph (2).
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(b) ANNUAL EVALUATION AND REPORT ON JOINT USE
PROJECTS.—(1) Subchapter I of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2815. Joint use military construction projects: eval-
uation; annual report
‘‘(a) ANNUAL EVALUATION.—The Secretary of Defense
shall include with the budget for each fiscal year under sec-
tion 1105 of title 31, a certification by each Secretary con-
cerned that in evaluating military construction projects for
inclusion in the budget for such fiscal year, such Secretary
evaluated the feasibility of carrying out such projects as
joint use military construction projects.
‘‘(b) ANNUAL REPORT.—(1) Not later than September
30 each year, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on joint use
military construction projects.
‘‘(2) Each report under paragraph (1) shall include,
for the one-year period ending on the date of the report,
the following:
‘‘(A) The military construction requirements
that were evaluated for their feasibility to be carried
out through joint use military construction projects,
with each such requirement set forth by armed force,
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component (whether active or reserve component), and
location.
‘‘(B) An estimate of the fiscal year in which each
requirement set forth under subparagraph (A) is like-
ly to be met, without regard to the applicability of
any future-years defense program, and an assessment
of the extent to which such requirement could be met
more rapidly through a joint use military construc-
tion project.
‘‘(C) A list of the military construction projects
determined to be feasible as joint use military con-
struction projects, including—
‘‘(i) the number of military personnel and
civilian personnel to be served by each such
project; and
‘‘(ii) an estimate of the costs avoidable by
carrying out each such project as a joint use
military project rather than as an independent
military construction project.
‘‘(c) JOINT USE MILITARY CONSTRUCTION PROJECT
DEFINED.—In this section, the term ‘joint use military con-
struction project’ means a military construction project for
a facility intended to be used by—
‘‘(1) both the active and a reserve component of
a single armed force; or
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‘‘(2) two or more components (whether active or
reserve components) of the armed forces.’’.
(2) The table of sections at the beginning of that sub-
chapter is amended by adding at the end the following new
item:
‘‘2815. Joint use military construction projects: evaluation; annual report.’’.
SEC. 2802. EXCLUSION OF CERTAIN COSTS FROM DETER-
MINATION OF APPLICABILITY OF LIMITATION
ON USE OF FUNDS FOR IMPROVEMENT OF
FAMILY HOUSING.
Section 2825(b) of title 10, United States Code, is
amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the fol-
lowing new paragraph (3):
‘‘(3) In determining the applicability of the limitation
contained in paragraph (1), the Secretary concerned shall
exclude from the cost of the improvement of the unit or units
concerned the following:
‘‘(A) The cost of the installation, maintenance,
and 
repair 
of 
communications, 
security, 
or
antiterrorism equipment required by an occupant of
the unit or units to perform duties assigned as a
member of the armed forces.
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‘‘(B) The cost of repairing or replacing the exte-
rior of the unit or units if such repair or replacement
is necessary to meet applicable standards for histor-
ical preservation.’’.
SEC. 2803. REPLACEMENT OF LIMITATIONS ON SPACE BY
PAY GRADE OF MILITARY FAMILY HOUSING
WITH 
REQUIREMENT 
FOR 
LOCAL 
COM-
PARABILITY OF MILITARY FAMILY HOUSING.
(a) IN GENERAL.—(1) Section 2826 of title 10, United
States Code, is amended to read as follows:
‘‘§ 2826. Military family housing: local comparability
of rooms patterns and floor areas
‘‘(a) LOCAL COMPARABILITY.—In the construction, ac-
quisition, and improvement of military family housing, the
Secretary concerned shall ensure that the room patterns and
floor areas of military family housing in a particular local-
ity (as designated by the Secretary concerned for purposes
of this section) are similar to room patterns and floor areas
of similar housing in the private sector in that locality.
‘‘(b) REQUESTS FOR AUTHORITY FOR MILITARY FAM-
ILY HOUSING.—(1) In submitting to Congress a request for
authority to carry out the construction, acquisition, or im-
provement of military family housing, the Secretary con-
cerned shall include in the request information on the net
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floor area of each unit of military family housing to be con-
structed, acquired, or improved under the authority.
‘‘(2) In this subsection, the term ‘net floor area’, in
the case of a military family housing unit, means the total
number of square feet of the floor space inside the exterior
walls of the unit, excluding the floor area of an unfinished
basement, an unfinished attic, a utility space, a garage, a
carport, an open or insect-screened porch, a stairwell, and
any space used for a solar-energy system.’’.
(2) The table of sections at the beginning of subchapter
II of chapter 169 of that title is amended by striking the
item relating to section 2826 and inserting the following
new item:
‘‘2826. Military family housing: local comparability of rooms patterns and floor
areas.’’.
(b) EFFECTIVE DATE.—(1) Except as provided in
paragraph (2), the amendments made by subsection (a)
shall take effect on October 1, 2000.
(2) Subsection (a) of section 2826, of title 10, United
States Code (as added by subsection (a) of this section),
shall apply with respect to the construction, acquisition, or
improvement of military family housing under authority
for the construction, acquisition, or improvement of such
housing that takes effect on or after October 1, 2000.
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SEC. 2804. MODIFICATION OF LEASE AUTHORITY FOR HIGH-
COST MILITARY FAMILY HOUSING.
(a) REPEAL OF SINGLE LEASE MAXIMUM FOR UNITED
STATES SOUTHERN COMMAND.—Paragraph (4) of section
2828(b) of title 10, United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(4)’’;
(2) by striking the second sentence; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(B) The amount of all leases under this paragraph
may not exceed $280,000 per year, as adjusted from time
to time under paragraph (6).’’.
(b) FIVE-YEAR LIMITATION ON TERM OF LEASES FOR
UNITED STATES SOUTHERN COMMAND.—That paragraph
is further amended by adding at the end the following new
subparagraph:
‘‘(C) The term of any lease under this paragraph may
not exceed 5 years.’’.
(c) ANNUAL
ADJUSTMENT
OF
MAXIMUM
LEASE
AMOUNTS.—That section is further amended by striking
paragraph (5) and inserting the following new paragraphs:
‘‘(5) At the beginning of each fiscal year, the Secretary
concerned shall adjust the maximum lease amount provided
for leases under paragraphs (2) and (3) for the previous
fiscal year by the percentage (if any) by which the national
average monthly cost of housing (as calculated for purposes
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of determining rates of basic allowance for housing under
section 403 of title 37) for the preceding fiscal year exceeds
the national average monthly cost of housing (as so cal-
culated) for the fiscal year before such preceding fiscal year.
‘‘(6) At the beginning of each fiscal year, the Secretary
of the Army shall adjust the maximum aggregate amount
for leases under paragraph (4) for the previous fiscal year
by the percentage (if any) by which the annual average cost
of housing for the Miami Military Housing Area (as cal-
culated for purposes of determining rates of basic allowance
for housing under section 403 of title 37) for the preceding
fiscal year exceeds the annual average cost of housing for
the Miami Military Housing Area (as so calculated) for the
fiscal year before such preceding fiscal year.’’.
(d) CONFORMING AMENDMENTS.—That section is fur-
ther amended—
(1) in paragraph (2), by inserting after ‘‘per
year’’ the following: ‘‘, as adjusted from time to under
paragraph (5)’’; and
(2) in paragraph (3), by striking ‘‘$12,000 per
unit per year but does not exceed $14,000 per unit
per year’’ and inserting ‘‘the maximum amount per
unit per year in effect under paragraph (2) but does
not exceed $14,000 per unit per year, as adjusted
from time to time under paragraph (5)’’.
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SEC. 2805. APPLICABILITY OF COMPETITION POLICY TO AL-
TERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING.
(a) APPLICABILITY.—(1) Subchapter IV of chapter 169
of title 10, United States Code, is amended by inserting
after section 2872 the following:
‘‘§ 2872a. Competition requirements
‘‘(a) CONTRACTS.—The Secretary concerned shall com-
ply with section 2304 of this title when entering into any
contract in furtherance of the exercise of any authority or
combination of authorities under this subchapter for a pur-
pose specified in section 2872 of this title.
‘‘(b) OTHER FORMS OF AGREEMENTS.—(1) The Sec-
retary concerned shall use competitive procedures to enter
into any agreement other than a contract in furtherance
of the exercise of any authority or combination of authori-
ties under this subchapter for a purpose specified in section
2872 of this title.
‘‘(2) The Secretary concerned may waive the applica-
bility of paragraph (1) to an agreement only if the
Secretary—
‘‘(A) determines that the use of competitive pro-
cedures for entering into the agreement would be in-
consistent with the public interest; and
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‘‘(B) submits to Congress a written notification
of the determination not less than 30 days before en-
tering into the agreement.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by inserting after the item relating to
section 2872 the following:
‘‘2872a. Competition requirements.’’.
(b) EFFECTIVE DATE.—Section 2872a of title 10,
United States Code (as added by subsection (a)), shall take
effect on October 1, 2000, and shall apply with respect to
contracts and agreements referred to in that section that
are entered into on or after that date.
SEC. 2806. PROVISION OF UTILITIES AND SERVICES UNDER
ALTERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING.
(a) AUTHORITY TO FURNISH
ON REIMBURSABLE
BASIS.—Subchapter IV of chapter 169 of title 10, United
States Code, as amended by section 2805, is further amend-
ed by inserting after section 2872a the following new sec-
tion:
‘‘§ 2872b. Utilities and services
‘‘(a) AUTHORITY TO FURNISH.—The Secretary con-
cerned may furnish utilities and services referred to in sub-
section (b) in connection with any military housing ac-
quired or constructed pursuant to the exercise of any au-
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thority or combination of authorities under this subchapter
if the military housing is located on a military installation.
‘‘(b) COVERED UTILITIES AND SERVICES.—The utili-
ties and services that may be furnished under subsection
(a) are the following:
‘‘(1) Electric power.
‘‘(2) Steam.
‘‘(3) Compressed air.
‘‘(4) Water.
‘‘(5) Sewage and garbage disposal.
‘‘(6) Natural, manufactured, or mixed gas.
‘‘(7) Ice.
‘‘(8) Mechanical refrigeration.
‘‘(9) Telecommunications service.
‘‘(c) REIMBURSEMENT.—(1) The Secretary concerned
shall be reimbursed for any utilities or services furnished
under subsection (a).
‘‘(2) The amount of any cash payment received under
paragraph (1) shall be credited to the appropriation or
working capital account from which the cost of furnishing
the utilities or services concerned was paid. Amounts so
credited to an appropriation or account shall be merged
with funds in such appropriation or account, and shall be
available to the same extent, and subject to the same terms
and conditions, as such funds.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such subchapter, as so amended, is further
amended by inserting after the item relating to section
2872a the following new item:
‘‘2872b. Utilities and services.’’.
SEC. 2807. EXTENSION OF ALTERNATIVE AUTHORITY FOR
ACQUISITION AND IMPROVEMENT OF MILI-
TARY HOUSING.
Section 2885 of title 10, United States Code, is amend-
ed by striking ‘‘February 10, 2001’’ and inserting ‘‘Feb-
ruary 10, 2004’’.
SEC. 2808. INCLUSION OF READINESS CENTER IN DEFINI-
TION OF ARMORY FOR PURPOSES OF CON-
STRUCTION OF RESERVE COMPONENT FA-
CILITIES.
(a) INCLUSION.—Section 18232(3) of title 10, United
States Code, is amended—
(1) in the first sentence, by striking ‘‘The term
‘armory’ means’’ and inserting ‘‘The terms ‘armory’
and ‘readiness center’ mean’’; and
(2) in the second sentence, by striking ‘‘It in-
cludes’’ and inserting ‘‘Such terms include’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
18232(2)(B) of such title is amended by inserting ‘‘, readi-
ness center,’’ after ‘‘armory’’.
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(2) Section 18236(b) of such title is amended in the
matter preceding paragraph (1) by inserting ‘‘or readiness
center’’ after ‘‘an armory’’.
Subtitle B—Real Property and
Facilities Administration
SEC. 2811. INCREASE IN THRESHOLD FOR REPORTS TO
CONGRESS 
ON 
REAL 
PROPERTY 
TRANS-
ACTIONS.
Section 2662 of title 10, United States Code, is amend-
ed by striking ‘‘$200,000’’ each place it appears and insert-
ing ‘‘$500,000’’.
SEC. 2812. ENHANCEMENTS OF MILITARY LEASE AUTHOR-
ITY.
(a) PROPERTY AVAILABLE FOR LEASE.—Subsection
(a) of section 2667 of title 10, United States Code, is
amended—
(1) by inserting ‘‘and’’ at the end of paragraph
(1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as para-
graph (2).
(b) IN KIND CONSIDERATION.—That section is further
amended—
(1) in subsection (b)(5)—
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(A) by striking ‘‘improvement, mainte-
nance, protection, repair, or restoration,’’ and
inserting ‘‘alteration, repair, or improvement,’’;
and
(B) by striking ‘‘, or of the entire unit or
installation where a substantial part of it is
leased,’’;
(2) by transferring subsection (c) to the end of
the section and redesignating such subsection, as so
transferred, as subsection (i);
(3) by inserting after subsection (b) the following
new subsection (c):
‘‘(c)(1) In addition to any in kind consideration ac-
cepted under subsection (b)(5), in kind consideration ac-
cepted with respect to a lease under subsection (b) may in-
clude the following:
‘‘(A) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities under the control
of the Secretary concerned.
‘‘(B) Construction of new facilities for the Sec-
retary concerned.
‘‘(C) Provision of facilities for use by the Sec-
retary concerned.
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‘‘(D) Facilities operation support for the Sec-
retary concerned.
‘‘(E) Provision of such other services relating to
activities that will occur on the leased property as the
Secretary concerned considers appropriate.
‘‘(2) In kind consideration under paragraph (1) may
be accepted at any property or facilities under the control
of the Secretary concerned that are selected for that purpose
by the Secretary concerned.
‘‘(3) Sections 2662 and 2802 of this title shall not
apply to any new facilities whose construction is accepted
as in kind consideration under this subsection.
‘‘(4) In the case of a lease for which all or part of
the consideration proposed to be accepted by the Secretary
concerned under this subsection is the construction of facili-
ties with a value in excess of $500,000, the Secretary con-
cerned may not enter into the lease until 30 days after the
date on which a report on the facts of the lease is submitted
to the congressional defense committees.’’; and
(4) in subsection (f)—
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as
paragraph (4).
(c) USE OF MONEY RENTALS.—Subsection (d) of that
section is amended—
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(1) in paragraph (1), by striking subparagraph
(B) and inserting the following new subparagraphs:
‘‘(B) Subject to subparagraphs (C) and (D), the sums
deposited in the special account of a military department
pursuant to subparagraph (A) shall be available to the mili-
tary department for the following:
‘‘(i) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities.
‘‘(ii) Construction or acquisition of new facili-
ties.
‘‘(iii) Lease of facilities.
‘‘(iv) Facilities operation support.
‘‘(C) At least 50 percent of the sums deposited in the
special account of a military department under subpara-
graph (A) by reason of a lease shall be available for activi-
ties described in subparagraph (B) only at the military in-
stallation where the leased property is located.
‘‘(D) The Secretary concerned may not construct or
acquire under subparagraph (B)(ii) facilities with a value
in excess of $500,000 until 30 days after the date on which
a report on the facts of the construction or acquisition of
such facilities is submitted to the congressional defense com-
mittees.’’; and
(2) in paragraph (3)—
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(A) in the matter preceding subparagraph
(A), by striking ‘‘As part’’ and all that follows
through ‘‘Secretary of Defense’’ and inserting
‘‘Not later than March 15 each year, the Sec-
retary of Defense shall submit to the congres-
sional defense committees a report which’’; and
(B) in subparagraph (A), by striking ‘‘re-
quest’’ and inserting ‘‘report’’.
(d) INDEMNIFICATION FOR ENVIRONMENTAL CONTAMI-
NATION.—That section is further amended by striking sub-
section (h) and inserting the following new subsection (h):
‘‘(h)(1) Subject to paragraph (2), the Secretary con-
cerned may enter into an agreement to hold harmless, de-
fend, and indemnify in full any person or entity to whom
the Secretary concerned leases real property under sub-
section (a) from and against any suit, claim, demand or
action, liability, judgment, cost, or other fee arising out
of—
‘‘(A) any claim for personal injury, property
damage (including death, illness, or loss of or damage
to property or economic loss), that results from, or is
in any manner predicated upon, the release or threat-
ened release of any hazardous substance, pollutant or
contaminant, petroleum or petroleum derivative, or
unexploded ordnance as a result of Department of De-
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fense activities on the military installation at which
the leased property is located; and
‘‘(B) any legally binding obligation to respond
pursuant to the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) or any other Federal law, or any
State law, that results from, or is in any manner
predicated upon, the release or threatened release of
any hazardous substance, pollutant or contaminant,
petroleum or petroleum derivative, or unexploded ord-
nance as a result of Department of Defense activities
on the military installation at which the leased prop-
erty is located.
‘‘(2) Any agreement entered into pursuant to para-
graph (1) shall provide that—
‘‘(A) if, at the time of a claim for indemnifica-
tion under the agreement, less than 50 percent of the
release or threatened release of hazardous substances,
pollutants or contaminants, petroleum or petroleum
derivatives, or unexploded ordnance giving rise to the
suit, claim, demand or action, liability, judgment,
cost, or other fee for which indemnification is de-
manded is a result of Department of Defense activi-
ties, the indemnification authorized by paragraph (1)
shall not apply; and
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‘‘(B) if, at the time of a claim for indemnifica-
tion under the agreement, 50 percent or more of the
release or threatened release of hazardous substances,
pollutants or contaminants, petroleum or petroleum
derivatives, or unexploded ordnance giving rise to the
suit, claim, demand or action, liability, judgment,
cost, or other fee for which indemnification is de-
manded is a result of Department of Defense activi-
ties, the indemnification authorized by paragraph (1)
shall be reduced to the extent of the contribution to
any such release or threatened release of any person
or entity other than the Department of Defense.
‘‘(3) No indemnification may be afforded under an
agreement under this subsection unless the person or entity
making a claim for indemnification—
‘‘(A) notifies the Secretary concerned in writing
within two months of the filing of any suit, claim, de-
mand, or action that reasonably could be expected to
give rise to a liability, judgment, cost, or other fee to
which the agreement applies and at least one month
before settlement or other resolution of such suit,
claim, demand, or action;
‘‘(B) furnishes to the Secretary concerned copies
of pertinent papers the person or entity receives;
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‘‘(C) furnishes evidence or proof of any suit,
claim, demand or action, liability, judgment, cost, or
other fee covered by this subsection;
‘‘(D) provides, upon request of the Secretary con-
cerned, access to the records and personnel of the per-
son or entity for purposes of defending or settling any
such suit, claim, demand, or action; and
‘‘(E) if the Secretary concerned chooses not to de-
fend or settle any such suit, claim, demand, or action,
the person or entity making a claim for indemnifica-
tion notifies the Secretary concerned in writing with-
in one month of any judgment, settlement, or other
resolution of the suit, claim, demand, or action.
‘‘(4)(A) In any case in which the Secretary concerned
determines that the military department may be required
to make indemnification payments to a person or entity
under this subsection, the Secretary concerned may settle
or defend, on behalf of the person or entity, the suit, claim,
demand, or action that could give rise to such requirement.
‘‘(B) In any case described in subparagraph (A), if
the person or entity to whom the military department may
be required to make indemnification payments does not
allow the Secretary concerned to settle or defend the claim,
the person or entity may not be afforded indemnification
with respect to the claim under this subsection.
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‘‘(5) Nothing in this subsection shall be construed as
affecting or modifying in any way the applicability of the
provisions of section 120(h) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)).’’.
(e) DEFINITIONS.—That section is further amended by
adding at the end the following new subsection:
‘‘(j) In this section:
‘‘(1) The term ‘congressional defense committees’
means:
‘‘(A) The Committees on Armed Services
and Appropriations of the Senate.
‘‘(B) The Committees on Armed Services
and Appropriations of the House of Representa-
tives.
‘‘(2) The term ‘base closure law’ means the fol-
lowing:
‘‘(A) Section 2687 of this title.
‘‘(B) 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).
‘‘(C) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note).
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‘‘(3) The terms ‘hazardous substance’, ‘release’,
and ‘pollutant or contaminant’ have the meanings
given such terms in paragraphs (14), (22), and (33)
of section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980,
respectively (42 U.S.C. 9601 (14), (22), and (33)).
‘‘(4) The term ‘military installation’ has the
meaning given such term in section 2687(e)(1) of this
title.’’.
(f) TREATMENT OF CERTAIN RECEIPTS.—(1) From the
money rentals resulting from leases entered into under sec-
tion 2667 of title 10, United States Code, an amount equal
to $20,100,000 shall be deposited in the Treasury as mis-
cellaneous receipts in each of fiscal years 2001 through
2005, inclusive.
(2) The amount of the deposit under paragraph (1)
in any fiscal year covered by that paragraph may be re-
duced only to the extent that other receipts of the Depart-
ment of Defense for such fiscal year in an amount equal
to such reduction are deposited in the Treasury as miscella-
neous receipts in such fiscal year.
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SEC. 2813. EXPANSION OF PROCEDURES FOR SELECTION
OF CONVEYEES UNDER AUTHORITY TO CON-
VEY UTILITY SYSTEMS.
Section 2688(b) of title 10, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘If more than one’’;
and
(2) by adding at the end the following new para-
graph:
‘‘(2) Notwithstanding paragraph (1), the Secretary
concerned may use procedures other than competitive proce-
dures for the selection of a conveyee of a utility under sub-
section (a) in accordance with the provisions of subsections
(c) through (f) of section 2304 this title.’’.
Subtitle C—Defense Base Closure
and Realignment
SEC. 2821. SCOPE OF AGREEMENTS TO TRANSFER PROP-
ERTY 
TO 
REDEVELOPMENT 
AUTHORITIES
WITHOUT CONSIDERATION UNDER THE BASE
CLOSURE LAWS.
(a) 1990 LAW.—Section 2905(b)(4)(B)(i) of the De-
fense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)
is amended by striking ‘‘the transfer’’ and inserting ‘‘the
initial transfer of property’’.
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(b) 1988 LAW.—Section 204(b)(4)(B)(i) of the Defense
Authorization Amendments and Base Closure and Realign-
ment Act (title II of Public Law 100–526; 10 U.S.C. 2687
note) is amended by striking ‘‘the transfer’’ and inserting
‘‘the initial transfer of property’’.
Subtitle D—Land Conveyances
Part I—Army Conveyances
SEC. 2831. LAND CONVEYANCE, CHARLES MELVIN PRICE
SUPPORT CENTER, ILLINOIS.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of
the Army may convey to the Tri-City Regional Port Dis-
trict of Granite City, Illinois (in this section referred to
as the ‘‘Port District’’), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 752
acres and known as the Charles Melvin Price Support Cen-
ter, for the purpose of permitting the Port District to use
the parcel for development of a port facility and for other
public purposes.
(2) The property to be conveyed under paragraph (1)
shall include 158 units of military family housing at the
Charles Melvin Price Support Center for the purpose of per-
mitting the Port District to use the housing to provide af-
fordable housing, but only if the Port District agrees to ac-
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cord first priority to members of the Armed Forces in the
lease of the housing.
(3) The Secretary of the Army may include as part
of the conveyance under paragraph (1) such personal prop-
erty of the Army at the Charles Melvin Price Support Cen-
ter that the Secretary of Transportation considers appro-
priate for the development or operation of the port facility
if the Secretary of the Army determines that such property
is excess to the needs of the Army.
(b) INTERIM LEASE.—Until such time as the real
property described in subsection (a) is conveyed by deed,
the Secretary of the Army may lease the property to the
Port District.
(c) CONSIDERATION.—(1) The conveyance under sub-
section (a) shall be made without consideration as a public
benefit conveyance for port development if the Secretary of
the Army determines that the Port District satisfies the cri-
teria specified in section 203(q) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(q)) and
regulations prescribed to implement such section. If the Sec-
retary determines that the Port District fails to qualify for
a public benefit conveyance, but still desires to acquire the
property, the Port District shall pay to the United States
an amount equal to the fair market value of the property
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to be conveyed. The fair market value of the property shall
be determined by the Secretary.
(2) The Secretary may accept as consideration for a
lease of the property under subsection (b) an amount that
is less than fair market value of the property leased if the
Secretary determines that the public interest will be served
as a result of the lease on that basis.
(d) ARMY RESERVE CONFERENCE CENTER.—(1) Not-
withstanding the total acreage of the parcel authorized for
conveyance under subsection (a), the Secretary of the Army
may retain a portion of the parcel, not to exceed 50 acres,
for the development of an Army Reserve Conference Center.
(2) In selecting acreage for retention under this sub-
section, the Secretary shall ensure that the location and use
of the retained acreage does not interfere with the Port Dis-
trict’s use of the remainder of the parcel for development
of a port facility and for other public purposes.
(3) At such time as the Secretary determines that the
acreage retained under this subsection is no longer needed
for an Army Reserve Conference Center, the Secretary shall
convey the acreage to the Port District in accordance with
subsection (c).
(e) FEDERAL LEASE OF FACILITIES.—(1) As a condi-
tion for the conveyance under subsection (a), the Secretary
of the Army may require that the Port District lease to the
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Department of Defense or any other Federal agency facili-
ties for use by the agency on the property being conveyed.
Any lease under this subsection shall be made under terms
and conditions satisfactory to the Secretary and the Port
District.
(2) The agency leasing a facility under this subsection
shall provide for the maintenance of the facility or pay the
Port District to maintain the facility. Maintenance of the
leased facilities performed by the Port District shall be to
the reasonable satisfaction of the United States, or as re-
quired by all applicable Federal, State, and local laws and
ordinances.
(3) At the end of a lease under this subsection, the fa-
cility covered by the lease shall revert to the Port District.
(f) FLOOD CONTROL EASEMENT.—The Port District
shall grant to the Secretary of the Army an easement on
the property conveyed under subsection (a) for the purpose
of permitting the Secretary to implement and maintain
flood control projects. The Secretary, acting through the
Corps of Engineers, shall be responsible for the maintenance
of any flood control project built on the property pursuant
to the easement.
(g) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property to be conveyed under
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subsection (a) shall be determined by a survey satisfactory
to the Secretary of the Army and the Port District.
(h) ADDITIONAL TERMS.—The Secretary of the Army
may require such additional terms and conditions in con-
nection with the conveyance as the Secretary considers ap-
propriate to protect the interests of the United States.
SEC. 2832. LAND CONVEYANCE, LIEUTENANT GENERAL
MALCOLM 
HAY 
ARMY 
RESERVE 
CENTER,
PITTSBURGH, PENNSYLVANIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey to the City of Pittsburgh, Pennsylvania
(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 improvements thereon, consisting of ap-
proximately 2.68 acres located at 950 Saw Mill Run Boule-
vard in Pittsburgh, Pennsylvania, and containing the Lieu-
tenant General Malcolm Hay Army Reserve Center.
(b) CONSIDERATION.—As consideration for the convey-
ance under subsection (a), the City shall pay to the United
States an amount equal to the fair market value of the
property to be conveyed, as determined by the Secretary.
(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under this section shall be determined by a survey satisfac-
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tory to the Secretary. The cost of the survey shall be borne
by the City.
(d) ADDITIONAL TERMS AND CONSIDERATION.—The
Secretary may require such additional terms and condi-
tions 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, COLONEL HAROLD E.
STEELE ARMY RESERVE CENTER AND MAIN-
TENANCE 
SHOP, 
PITTSBURGH, 
PENNSYL-
VANIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey to the Ellis School, Pittsburgh, Pennsyl-
vania (in this section referred to as the ‘‘School’’), all right,
title, and interest of the United States in and to a parcel
of real property, including improvements thereon, con-
sisting of approximately 2 acres located at 6482 Aurelia
Street in Pittsburgh, Pennsylvania, and containing the
Colonel Harold E. Steele Army Reserve Center and Mainte-
nance Shop.
(b) CONSIDERATION.—As consideration for the convey-
ance under subsection (a), the School shall pay to the
United States an amount equal to the fair market value
of the property to be conveyed, as determined by the Sec-
retary.
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(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under this section shall be determined by a survey satisfac-
tory to the Secretary. The cost of the survey shall be borne
by the School.
(d) ADDITIONAL TERMS AND CONSIDERATION.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2834. LAND CONVEYANCE, FORT LAWTON, WASH-
INGTON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the City of Se-
attle, Washington (in this section referred to as the ‘‘City’’),
all right, title, and interest of the United States in and to
the real property at Fort Lawton, Washington, consisting
of Area 500 and Government Way from 36th Avenue to
Area 500, for purposes of the inclusion of the property in
Discovery Park, Seattle, Washington.
(b) 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 City.
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(c) 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, VANCOUVER BARRACKS,
WASHINGTON.
(a) CONVEYANCE
OF
WEST
BARRACKS
AUTHOR-
IZED.—The Secretary of the Army may convey, without
consideration, to the City of Vancouver, Washington (in this
section referred to as the ‘‘City’’), all right, title, and inter-
est of the United States in and to a parcel of real property,
including any improvements thereon, encompassing 19
structures at Vancouver Barracks, Washington, which are
identified by the Army using numbers between 602 and 676,
and are known as the west barracks.
(b) PURPOSE.—The purpose of the conveyance author-
ized by subsection (a) shall be to include the property de-
scribed in that subsection in the Vancouver National His-
toric Reserve, Washington.
(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 City.
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(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance authorized by subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2836. LAND CONVEYANCE, FORT RILEY, KANSAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the State of
Kansas, 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 70 acres at Fort
Riley Military Reservation, Fort Riley, Kansas. The pre-
ferred site is adjacent to the Fort Riley Military Reserva-
tion boundary, along the north side of Huebner Road across
from the First Territorial Capitol of Kansas Historical Site
Museum.
(b) CONDITIONS OF CONVEYANCE.—The conveyance re-
quired by subsection (a) shall be subject to the following
conditions:
(1) That the State of Kansas use the property
conveyed solely for purposes of establishing and main-
taining a State-operated veterans cemetery.
(2) That all costs associated with the conveyance,
including the cost of relocating water and electric
utilities should the Secretary determine that such re-
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locations are necessary, be borne by the State of Kan-
sas.
(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 and the Director of the Kansas
Commission on Veterans Affairs.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance required by subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2837. LAND CONVEYANCE, ARMY RESERVE CENTER, WI-
NONA, MINNESOTA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the Winona
State University Foundation of Winona, Minnesota (in this
section referred to as the ‘‘Foundation’’), all right, title, and
interest of the United States in and to a parcel of real prop-
erty, including improvements thereon, in Winona, Min-
nesota, containing an Army Reserve Center for the purpose
of permitting the Foundation to use the parcel for edu-
cational purposes.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
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under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be borne
by the Foundation.
(c) 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.
Part II—Navy Conveyances
SEC. 2851. MODIFICATION OF LAND CONVEYANCE, MARINE
CORPS AIR STATION, EL TORO, CALIFORNIA.
(a) USE OF CONSIDERATION FOR CONVEYANCE AT
MCAS, MIRAMAR, CALIFORNIA.—Section 2811(a)(2) of the
Military Construction Authorization Act for Fiscal Years
1990 and 1991 (division B of Public Law 101–189; 103
Stat. 1650) is amended by striking ‘‘of additional military
family housing units at Marine Corps Air Station, Tustin,
California.’’ and inserting ‘‘and repair of roads and devel-
opment of aerial port of embarkation facilities at Marine
Corps Air Station, Miramar, California.’’.
(b) CONFORMING AMENDMENT.—The section heading
of such section is amended by striking ‘‘, AND CON-
STRUCTION OF FAMILY HOUSING AT MA-
RINE CORPS AIR STATION, TUSTIN, CALI-
FORNIA’’.
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SEC. 2852. MODIFICATION OF LAND CONVEYANCE, DEFENSE
FUEL SUPPLY POINT, CASCO BAY, MAINE.
Section 2839 of the Military Construction Authoriza-
tion Act for Fiscal Year 1995 (division B of Public Law
103–337; 108 Stat. 3065) is amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following
new subsection (c):
‘‘(c) REPLACEMENT OF REMOVED ELECTRIC UTILITY
SERVICE.—(1) The Secretary of Defense may replace the
electric utility service removed during the course of environ-
mental remediation carried out with respect to the property
to be conveyed under subsection (a), including the procure-
ment and installation of electrical cables, switch cabinets,
and transformers associated with the service.
‘‘(2) As part of the replacement of the electric utility
service under paragraph (1), the Secretary of Defense may,
in consultation with the Town, improve the electric utility
service and install telecommunications service. The Town
shall pay any cost associated with the improvement of the
electric utility service and the installation of telecommuni-
cations service under this paragraph.’’.
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SEC. 2853. MODIFICATION OF LAND CONVEYANCE AUTHOR-
ITY, 
FORMER 
NAVAL 
TRAINING 
CENTER,
BAINBRIDGE, CECIL COUNTY, MARYLAND.
Section 1 of Public Law 99–596 (100 Stat. 3349) is
amended—
(1) in subsection (a), by striking ‘‘subsections (b)
through (f)’’ and inserting ‘‘subsections (b) through
(e)’’;
(2) by striking subsection (b) and inserting the
following new subsection (b):
‘‘(b) CONSIDERATION.—(1) In the event of the transfer
of the property under subsection (a) to the State of Mary-
land, the transfer shall be with consideration or without
consideration from the State of Maryland, at the election
of the Secretary.
‘‘(2) If the Secretary elects to receive consideration
from the State of Maryland under paragraph (1), the Sec-
retary may reduce the amount of consideration to be re-
ceived from the State of Maryland under that paragraph
by an amount equal to the cost, estimated as of the time
of the transfer of the property under this section, of the res-
toration of the historic buildings on the property. The total
amount of the reduction of consideration under this para-
graph may not exceed $500,000.’’;
(3) by striking subsection (d); and
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(4) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
SEC. 2854. LAND CONVEYANCE, NAVAL COMPUTER AND
TELECOMMUNICATIONS 
STATION, 
CUTLER,
MAINE.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Navy may convey, without consideration, to the State of
Maine, any political subdivision of the State of Maine, or
any tax-supported agency in the State of Maine, all right,
title, and interest of the United States in and to a parcel
of real property, together with any improvements thereon,
consisting of approximately 263 acres located in Wash-
ington County, Maine, and known as the Naval Computer
and Telecommunications Station (NCTS), Cutler, Maine.
(b) REIMBURSEMENT
FOR
ENVIRONMENTAL
AND
OTHER ASSESSMENTS.—(1) The Secretary may require the
recipient of the property conveyed under this section to re-
imburse the Secretary for the costs incurred by the Sec-
retary for any environmental assessments and other studies
and analyses carried out by the Secretary with respect to
the property to be conveyed under this section before the
conveyance of the property under this section.
(2) The amount of any reimbursement required under
paragraph (1) shall be determined by the Secretary and
may not exceed the cost of the assessments, studies, and
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analyses for which reimbursement is required under that
paragraph.
(3) Amounts paid as reimbursement for costs under
this subsection shall be credited to the account from which
the costs were paid. Amounts so credited to an account shall
be merged with funds in the account, and shall be available
for the same purposes and subject to the same limitations
as the funds with which merged.
(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. The cost of the survey shall be borne by
the recipient of the property under this section.
(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.
(e) LEASE OF PROPERTY PENDING CONVEYANCE.—(1)
Pending the conveyance by deed of the property authorized
to be conveyed by subsection (a), the Secretary may enter
into one or more leases of the property.
(2) The Secretary shall deposit any amounts paid
under a lease under paragraph (1) in the appropriation
or account providing funds for the protection, maintenance,
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or repair of the property, or for the provision of utility serv-
ices for the property. Amounts so deposited shall be merged
with funds in the appropriation or account in which depos-
ited, and shall be available for the same purposes, and sub-
ject to the same conditions and limitations, as the funds
with which merged.
SEC. 2855. MODIFICATION OF AUTHORITY FOR OXNARD
HARBOR DISTRICT, PORT HUENEME, CALI-
FORNIA, TO USE CERTAIN NAVY PROPERTY.
(a) ADDITIONAL RESTRICTIONS ON JOINT USE.—Sub-
section (c) of section 2843 of the Military Construction Au-
thorization Act for Fiscal Year 1995 (division B of Public
Law 103–337; 108 Stat. 3067) is amended to read as fol-
lows:
‘‘(c) RESTRICTIONS ON USE.—The District’s use of the
property covered by an agreement under subsection (a) is
subject to the following conditions:
‘‘(1) The District shall suspend operations under
the agreement upon notification by the commanding
officer of the Center that the property is needed to
support mission essential naval vessel support re-
quirements or Navy contingency operations, including
combat missions, natural disasters, and humani-
tarian missions.
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‘‘(2) The District shall use the property covered
by the agreement in a manner consistent with Navy
operations at the Center, including cooperating with
the Navy for the purpose of assisting the Navy to meet
its through-put requirements at the Center for the ex-
peditious movement of military cargo.
‘‘(3) The commanding officer of the Center may
require the District to remove any of its personal
property at the Center that the commanding officer
determines may interfere with military operations at
the Center. If the District cannot expeditiously remove
the property, the commanding officer may provide for
the removal of the property at District expense.’’.
(b) CONSIDERATION.—Subsection (d) of such section is
amended to read as follows:
‘‘(d) CONSIDERATION.—(1) As consideration for the
use of the property covered by an agreement under sub-
section (a), the District shall pay to the Navy an amount
that is mutually agreeable to the parties to the agreement,
taking into account the nature and extent of the District’s
use of the property.
‘‘(2) The Secretary may accept in-kind consideration
under paragraph (1), including consideration in the form
of—
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‘‘(A) the District’s maintenance, preservation,
improvement, protection, repair, or restoration of all
or any portion of the property covered by the agree-
ment;
‘‘(B) the construction of new facilities, the modi-
fication of existing facilities, or the replacement of fa-
cilities vacated by the Navy on account of the agree-
ment; and
‘‘(C) covering the cost of relocation of the oper-
ations of the Navy from the vacated facilities to the
replacement facilities.
‘‘(3) All cash consideration received under paragraph
(1) shall be deposited in the special account in the Treasury
established for the Navy under section 2667(d) of title 10,
United States Code. The amounts deposited in the special
account pursuant to this paragraph shall be available, as
provided in appropriation Acts, for general supervision, ad-
ministration, overhead expenses, and Center operations and
for the maintenance, preservation, improvement, protection,
repair, or restoration of property at the Center.’’.
(c) CONFORMING AMENDMENTS.—Such section is fur-
ther amended—
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as
subsections (f) and (g), respectively.
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SEC. 2856. REGARDING LAND CONVEYANCE, MARINE CORPS
BASE, CAMP LEJEUNE, NORTH CAROLINA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Navy may convey, to the City of Jacksonville, North Caro-
lina (City), all right, title and interest of the United States
in and to real property, including improvements thereon,
and currently leased to Norfolk Southern Corporation
(NSC), consisting of approximately 50 acres, known as the
railroad right-of-way, lying within the City between High-
way 24 and Highway 17, at the Marine Corps Base, Camp
Lejeune, North Carolina, for the purpose of permitting the
City to develop the parcel for initial use as a bike/green
way trail.
(b) CONSIDERATION.—As consideration for the convey-
ance under subsection (a), the City shall reimburse the Sec-
retary such amounts (as determined by the Secretary) equal
to the costs incurred by the Secretary in carrying out the
provisions of this section, including, but not limited to,
planning, design, surveys, environmental assessment and
compliance, supervision and inspection of construction, sev-
ering and realigning utility systems, and other prudent and
necessary actions, prior to the conveyance authorized by
subsection (a). Amounts collected under this subsection shall
be credited to the account(s) from which the expenses were
paid. Amounts so credited shall be merged with funds in
such account(s) and shall be available for the same purposes
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and subject to the same limitations as the funds with which
merged.
(c) CONDITION OF CONVEYANCE.—The right of the Sec-
retary of the Navy to retain such easements, rights-of-way,
and other interests in the property conveyed and to impose
such restrictions on the property conveyed as are necessary
to ensure the effective security, maintenance, and operations
of the Marine Corps Base, Camp Lejeune, North Carolina,
and to protect human health and the environment.
(d) DESCRIPTION OF THE PROPERTY.—The exact acre-
age and legal description of the real property authorized
to be conveyed under subsection (a) shall be determined by
a survey satisfactory to the Secretary of the Navy.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Navy may require such additional terms and
conditions in connection with the conveyance under sub-
section (a) as the Secretary considers appropriate to protect
the interests of the United States.
Part III—Air Force Conveyances
SEC. 2861. MODIFICATION OF LAND CONVEYANCE, ELLS-
WORTH AIR FORCE BASE, SOUTH DAKOTA.
(a) MODIFICATION OF CONVEYEE.—Subsection (a) of
section 2863 of the Military Construction Authorization Act
for Fiscal Year 1998 (division B of Public Law 105–85;
111 Stat. 2010) is amended by striking ‘‘Greater Box Elder
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Area Economic Development Corporation, Box Elder,
South Dakota (in this section referred to as the ‘Corpora-
tion’)’’ and inserting ‘‘West River Foundation for Economic
and Community Development, Sturgis, South Dakota (in
this section referred to as the ‘Foundation’)’’.
(b) CONFORMING AMENDMENTS.—That section is fur-
ther amended by striking ‘‘Corporation’’ each place it ap-
pears in subsections (c) and (e) and inserting ‘‘Founda-
tion’’.
SEC. 2862. LAND CONVEYANCE, LOS ANGELES AIR FORCE
BASE, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Air Force may convey, by sale or lease upon such terms
as the Secretary considers appropriate, all or any portion
of the following parcels of real property, including improve-
ments thereon, at Los Angeles Air Force Base, California:
(1) Approximately 42 acres in El Segundo, Cali-
fornia, commonly known as Area A.
(2) Approximately 52 acres in El Segundo, Cali-
fornia, commonly known as Area B.
(3) Approximately 13 acres in Hawthorne, Cali-
fornia, commonly known as the Lawndale Annex.
(4) Approximately 3.7 acres in Sun Valley, Cali-
fornia, commonly known as the Armed Forces Radio
and Television Service Broadcast Center.
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(b) CONSIDERATION.—As consideration for the convey-
ance of real property under subsection (a), the recipient of
the property shall provide for the design and construction
on real property acceptable to the Secretary of one or more
facilities to consolidate the mission and support functions
at Los Angeles Air Force Base. Any such facility must com-
ply with the seismic and safety design standards for Los
Angeles County, California, in effect at the time the Sec-
retary takes possession of the facility.
(c) LEASEBACK AUTHORITY.—If the fair market value
of a facility to be provided as consideration for the convey-
ance of real property under subsection (a) exceeds the fair
market value of the conveyed property, the Secretary may
enter into a lease for the facility for a period not to exceed
10 years. Rental payments under the lease shall be estab-
lished at the rate necessary to permit the lessor to recover,
by the end of the lease term, the difference between the fair
market value of a facility and the fair market value of the
conveyed property. At the end of the lease, all right, title,
and interest in the facility shall vest in the United States.
(d) APPRAISAL OF PROPERTY.—The Secretary shall
obtain an appraisal of the fair market value of all property
and facilities to be sold, leased, or acquired under this sec-
tion. An appraisal shall be made by a qualified appraiser
familiar with the type of property to be appraised. The Sec-
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retary shall consider the appraisals in determining whether
a proposed conveyance accomplishes the purpose of this sec-
tion and is in the interest of the United States. Appraisal
reports shall not be released outside of the Federal Govern-
ment, other than the other party to a conveyance.
(e) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of real property to be conveyed under
subsection (a) or acquired under subsection (b) shall be de-
termined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the recipient of the property.
(f) EXEMPTION.—Section 2696 of title 10, United
States Code, does not apply to the conveyance authorized
by subsection (a).
(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with a conveyance under subsection (a) or
a lease under subsection (c) as the Secretary considers ap-
propriate to protect the interests of the United States.
SEC. 2863. LAND CONVEYANCE, MUKILTEO TANK FARM,
EVERETT, WASHINGTON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Air Force may convey, without consideration, to the Port
of Everett, Washington (in this section referred to as the
‘‘Port’’), all right, title, and interest of the United States
in and to a parcel of real property, including any improve-
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ments thereon, consisting of approximately 22 acres and
known as the Mukilteo Tank Farm for the purposes of per-
mitting the Port to use the parcel for the development and
operation of a port facility and for other public purposes.
(b) PERSONAL PROPERTY.—The Secretary of the Air
Force may include as part of the conveyance authorized by
subsection (a) any personal property at the Mukilteo Tank
Farm that is excess to the needs of the Air Force if the Sec-
retary of Transportation determines that such personal
property is appropriate for the development or operation
of the Mukilteo Tank Farm as a port facility.
(c) INTERIM LEASE.—(1) Until such time as the real
property described in subsection (a) is conveyed by deed,
the Secretary of the Air Force may lease all or part of the
real property to the Port if the Secretary determines that
the real property is suitable for lease and the lease of the
property under this subsection will not interfere with any
environmental remediation activities or schedules under ap-
plicable law or agreements.
(2) The determination under paragraph (1) whether
the lease of the real property will interfere with environ-
mental remediation activities or schedules referred to in
that paragraph shall be based upon an environmental base-
line survey conducted in accordance with applicable Air
Force regulations and policy.
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(3) Except as provided by paragraph (4), as consider-
ation for the lease under this subsection, the Port shall pay
the Secretary an amount equal to the fair market of the
lease, as determined by the Secretary.
(4) The amount of consideration paid by the Port for
the lease under this subsection may be an amount, as deter-
mined by the Secretary, less than the fair market value of
the lease if the Secretary determines that—
(A) the public interest will be served by an
amount of consideration for the lease that is less than
the fair market value of the lease; and
(B) payment of an amount equal to the fair
market value of the lease is unobtainable.
(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 of the Air Force and the Port.
(e) ADDITIONAL TERMS.—The Secretary of the Air
Force, in consultation with the Secretary of Transportation,
may require such additional terms and conditions in con-
nection with the conveyance under subsection (a) as the Sec-
retary of the Air Force considers appropriate to protect the
interests of the United States.
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Part IV—Defense Agencies Conveyances
SEC. 2871. LAND CONVEYANCE, ARMY AND AIR FORCE EX-
CHANGE 
SERVICE 
PROPERTY, 
FARMERS
BRANCH, TEXAS.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of
Defense may convey all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, under the jurisdiction of the Army
and Air Force Exchange Service that is located at 2727
LBJ Freeway, Farmers Branch, Texas.
(2) The Secretary shall carry out any activities under
this section (other than activities under subsections (e) and
(g)) through the Army and Air Force Exchange Service.
(b) CONSIDERATION.—As consideration for the convey-
ance of property under subsection (a) the Secretary shall
require a cash payment in an amount equal to the fair mar-
ket value (as determined by the Secretary) of the property.
The cash payment shall be made in a lump-sum payment.
(c) TREATMENT OF PAYMENT.—Any cash payment re-
ceived under subsection (b) shall be processed in accordance
with section 204(c) of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 485(c)).
(d) APPLICATION OF OTHER LAWS.—The conveyance
authorized by subsection (a) shall not be subject to the fol-
lowing:
(1) Section 2693 of title 10, United States Code.
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(2) The provisions of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471
et seq.).
(3) Section 501 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11411).
(4) Any other provision of law which is incon-
sistent with a provision of this section.
(e) REPORT.—Not later than one year after the convey-
ance, if any, of property under this section, the Secretary
shall submit to the congressional defense committees a re-
port on the conveyance. The report shall set forth the details
of the conveyance.
(f) 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 prospective purchaser of the property.
(g) 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.
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Part V—Other Conveyances
SEC. 
2881. 
LAND 
CONVEYANCE, 
FORMER 
NATIONAL
GROUND 
INTELLIGENCE 
CENTER, 
CHAR-
LOTTESVILLE, VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—The Administrator
of General Services may convey, without consideration, to
the City of Charlottesville, 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
improvements thereon, formerly occupied by the National
Ground Intelligence Center and known as the Jefferson
Street Property.
(b) AUTHORITY TO CONVEY WITHOUT CONSIDER-
ATION.—The conveyance authorized by subsection (a) may
be made without consideration if the Administrator deter-
mines that the conveyance on that basis would be in the
best interests of the United States.
(c) PURPOSE OF CONVEYANCE.—The conveyance au-
thorized by subsection (a) shall be for the purpose of permit-
ting the City to use the parcel, directly or through an agree-
ment with a public or private entity, for economic develop-
ment purposes.
(d) REVERSIONARY INTEREST.—If, during the 5-year
period beginning on the date the Administrator makes the
conveyance authorized by subsection (a), the Administrator
determines that the conveyed real property is not being used
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for a purpose specified in subsection (c), all right, title, and
interest in and to the property, including any improve-
ments thereon, may upon the election of the Administrator
revert to the United States, and upon such reversion the
United States shall have the right of immediate entry onto
the property.
(e) INAPPLICABILITY OF CERTAIN PROPERTY MANAGE-
MENT LAWS.—The conveyance authorized by subsection (a)
shall not be subject to the following:
(1) Sections 2667 and 2696 of title 10, United
States Code.
(2) Section 501 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11411).
(3) Sections 202 and 203 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
483, 484).
(f) LIMITATION ON CERTAIN SUBSEQUENT CONVEY-
ANCES.—(1) Subject to paragraph (2), if at any time after
the Administrator makes the conveyance authorized by sub-
section (a) the City conveys any portion of the parcel con-
veyed under that subsection to a private entity, the City
shall pay to the United States an amount equal to the fair
market value (as determined by the Administrator) of the
portion conveyed at the time of its conveyance under this
subsection.
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(2) Paragraph (1) applies to a conveyance described
in that paragraph only if the Administrator makes the con-
veyance authorized by subsection (a) without consideration.
(3) The Administrator shall deposit any amounts paid
the United States under this subsection into the fund estab-
lished by section 210(f) of the Federal Property and Admin-
istrative Services Act of 1949 (40 U.S.C. 490(f)). Any
amounts so deposited shall be available to the Adminis-
trator for real property management and related activities
as provided for under paragraph (2) of that section.
(g) 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 Administrator. The cost of the survey shall
be borne by the City.
(h) ADDITIONAL TERMS AND CONDITIONS.—The Ad-
ministrator may require such additional terms and condi-
tions in connection with the conveyance as the Adminis-
trator considers appropriate to protect the interests of the
United States.
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Subtitle E—Other Matters
SEC. 2891. NAMING OF ARMY MISSILE TESTING RANGE AT
KWAJALEIN ATOLL AS THE RONALD REAGAN
BALLISTIC MISSILE DEFENSE TEST SITE AT
KWAJALEIN ATOLL.
The United States Army missile testing range located
at Kwajalein Atoll in the Marshall Islands shall be known
and designated as the ‘‘Ronald Reagan Ballistic Missile De-
fense Test Site at Kwajalein Atoll’’. Any reference to that
range in any law, regulation, map, document, record, or
other paper of the United States shall be considered to be
a reference to the Ronald Reagan Ballistic Missile Defense
Test Site at Kwajalein Atoll.
SEC. 2892. ACCEPTANCE AND USE OF GIFTS FOR CON-
STRUCTION OF THIRD BUILDING AT UNITED
STATES AIR FORCE MUSEUM, WRIGHT-PAT-
TERSON AIR FORCE BASE, OHIO.
(a) ACCEPTANCE AUTHORIZED.—(1) The Secretary of
the Air Force may accept from the Air Force Museum
Foundation, a private non-profit foundation, gifts in the
form of cash, Treasury instruments, or comparable United
States Government securities for the purpose of paying the
costs of design and construction of a third building for the
United States Air Force Museum at Wright-Patterson Air
Force Base, Ohio. The building is listed as an unfunded
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military construction requirement for the Air Force in the
fiscal year 2002 military construction program of the Air
Force.
(2) A gift accepted under paragraph (1) may specify
that all or part of the amount of the gift be utilized solely
for purposes of the design and construction of a particular
portion of the building described in that paragraph.
(b) DEPOSIT IN ESCROW ACCOUNT.—The Secretary,
acting through the Comptroller of the Air Force Materiel
Command, shall deposit the amount of any cash, instru-
ments, or securities accepted as a gift under subsection (a)
in an escrow account established for that purpose.
(c) INVESTMENT.—Amounts in the escrow account
under subsection (b) not required to meet current require-
ments of the account shall be invested in public debt securi-
ties with maturities suitable to the needs of the account,
as determined by the Comptroller of the Air Force Materiel
Command, and bearing interest at rates that take into con-
sideration current market yields on outstanding marketable
obligations of the United States of comparable maturities.
The income on such investments shall be credited to and
form a part of the account.
(d) UTILIZATION.—(1) Amounts in the escrow account
under subsection (b), including any income on investments
of such amounts under subsection (c), that are attributable
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to a particular portion of the building described in sub-
section (a) shall be utilized by the Comptroller of the Air
Force Materiel Command to pay the costs of the design and
construction of such portion of the building, including
progress payments for such design and construction.
(2) Subject to paragraph (3), amounts shall be payable
under paragraph (1) upon receipt by the Comptroller of the
Air Force Materiel Command of a notification from an ap-
propriate officer or employee of the Corps of Engineers that
such amounts are required for the timely payment of an
invoice or claim for the performance of design or construc-
tion activities for which such amounts are payable under
paragraph (1).
(3) The Comptroller of the Air Force Materiel Com-
mand shall, to the maximum extent practicable consistent
with good business practice, limit payment of amounts from
the account in order to maximize the return on investment
of amounts in the account.
(e) LIMITATION ON CONTRACTS.—The Corps of Engi-
neers may not enter into a contract for the design or con-
struction of a particular portion of the building described
in subsection (a) until amounts in the escrow account under
subsection (b), including any income on investments of such
amounts under subsection (c), that are attributable to such
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portion of the building are sufficient to cover the amount
of such contract.
(f) LIQUIDATION OF ESCROW ACCOUNT.—(1) Upon
final payment of all invoices and claims associated with
the design and construction of the building described in sub-
section (a), the Secretary of the Air Force shall terminate
the escrow account under subsection (b).
(2) Any amounts in the account upon final payment
of invoices and claims as described in paragraph (1) shall
be available to the Secretary for such purposes as the Sec-
retary considers appropriate.
SEC. 2893. DEVELOPMENT OF MARINE CORPS HERITAGE
CENTER AT MARINE CORPS BASE, QUANTICO,
VIRGINIA.
(a) AUTHORITY TO ENTER INTO JOINT VENTURE FOR
DEVELOPMENT.—The Secretary of the Navy may enter into
a joint venture with the Marine Corps Heritage Founda-
tion, a not-for-profit entity, for the design and construction
of a multipurpose facility to be used for historical displays
for public viewing, curation, and storage of artifacts, re-
search facilities, classrooms, offices, and associated activi-
ties consistent with the mission of the Marine Corps Univer-
sity. The facility shall be known as the Marine Corps Herit-
age Center.
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(b) AUTHORITY TO ACCEPT CERTAIN LAND.—(1) The
Secretary may, if the Secretary determines it to be nec-
essary for the facility described in subsection (a), accept
without compensation any portion of the land known as
Locust Shade Park which is now offered by the Park Au-
thority of the County of Prince William, Virginia, as a po-
tential site for the facility.
(2) The Park Authority may convey the land described
in paragraph (1) to the Secretary under this section with-
out regard to any limitation on its use, or requirement for
its replacement upon conveyance, under section 6(f)(3) of
the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–8(f)(3)) or under any other provision of law.
(c) DESIGN AND CONSTRUCTION.—For each phase of
development of the facility described in subsection (a), the
Secretary may—
(1) permit the Marine Corps Heritage Founda-
tion to contract for the design, construction, or both
of such phase of development; or
(2) accept funds from the Marine Corps Heritage
Foundation for the design, construction, or both of
such phase of development.
(d) ACCEPTANCE AUTHORITY.—Upon completion of
construction of any phase of development of the facility de-
scribed in subsection (a) by the Marine Corps Heritage
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Foundation to the satisfaction of the Secretary, and the sat-
isfaction of any financial obligations incident thereto by
the Marine Corps Heritage Foundation, the facility shall
become the property of the Department of the Navy with
all right, title, and interest in and to facility being in the
United States.
(e) LEASE OF FACILITY.—(1) The Secretary may lease,
under such terms and conditions as the Secretary considers
appropriate for the joint venture authorized by subsection
(a), portions of the facility developed under that subsection
to the Marine Corps Heritage Foundation for use in gener-
ating revenue for activities of the facility and for such ad-
ministrative purposes as may be necessary for support of
the facility.
(2) The amount of consideration paid the Secretary
by the Marine Corps Heritage Foundation for the lease
under paragraph (1) may not exceed an amount equal to
the actual cost (as determined by the Secretary) of the oper-
ation of the facility.
(3) Notwithstanding any other provision of law, the
Secretary shall use amounts paid under paragraph (2) to
cover the costs of operation of the facility.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the joint venture authorized by sub-
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section (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2894. ACTIVITIES RELATING TO THE GREENBELT AT
FALLON NAVAL AIR STATION, NEVADA.
(a) IN GENERAL.—The Secretary of the Navy shall,
in consultation with the Secretary of the Army acting
through the Chief of Engineers, carry out appropriate ac-
tivities after examination of the potential environmental
and flight safety ramifications for irrigation that has been
eliminated, or will be eliminated, for the greenbelt at Fallon
Naval Air Station, Nevada. Any activities carried out
under the preceding sentence shall be consistent with air-
crew safety at Fallon Naval Air Station.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated for operation and
maintenance for the Navy such sums as may be necessary
to carry out the activities required by subsection (a).
SEC. 2895. SENSE OF CONGRESS REGARDING LAND TRANS-
FERS AT MELROSE RANGE, NEW MEXICO, AND
YAKIMA TRAINING CENTER, WASHINGTON.
(a) FINDINGS.—Congress makes the following findings:
(1) The Secretary of the Air Force seeks the
transfer of 6,713 acres of public domain land within
the Melrose Range, New Mexico, from the Department
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of the Interior to the Department of the Air Force for
the continued use of these lands as a military range.
(2) The Secretary of the Army seeks the transfer
of 6,640 acres of public domain land within the
Yakima Training Center, Washington, from the De-
partment of the Interior to the Department of the
Army for military training purposes.
(3) The transfers provide the Department of the
Air Force and the Department of the Army with com-
plete land management control of these public domain
lands to allow for effective land management, mini-
mize safety concerns, and ensure meaningful training.
(4) The Department of the Interior concurs with
the land transfers at Melrose Range and Yakima
Training Center.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that the land transfers at Melrose Range, New Mexico, and
Yakima Training Center, Washington, will support mili-
tary training, safety, and land management concerns on
the lands subject to transfer.
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DIVISION 
C—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
AUTHORIZATIONS 
AND
OTHER AUTHORIZATIONS
TITLE 
XXXI—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security
Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year
2001 for national nuclear security administration in car-
rying out programs necessary for national security in the
amount of $6,289,835,000, to be allocated as follows:
(1) WEAPONS ACTIVITIES.—For weapons activi-
ties necessary for national nuclear security adminis-
tration, $4,747,800,000, to be allocated as follows:
(A) STEWARDSHIP OPERATION AND MAINTE-
NANCE.—For stewardship operation and mainte-
nance in carrying out weapons activities nec-
essary for national nuclear security administra-
tion, $3,822,383,000, to be allocated as follows:
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(i) 
For 
directed 
stockpile 
work,
$842,603,000.
(ii) For campaigns, $1,471,982,000.
(iii) For readiness in technical base
and facilities, $1,507,798,000.
(B) SECURE
TRANSPORTATION
ASSETS.—
For secure transportation assets in carrying out
weapons activities necessary for national nuclear
security administration, $115,673,000, to be al-
located as follows:
(i) For operation and maintenance,
$79,357,000.
(ii) For program direction (secure
transportation), $36,316,000.
(C) PROGRAM
DIRECTION.—For program
direction in carrying out weapons activities nec-
essary for national nuclear security administra-
tion, $221,257,000.
(D) CONSTRUCTION.—For construction (in-
cluding maintenance, restoration, planning, con-
struction, acquisition, modification of facilities,
and the continuation of projects authorized in
prior years, and land acquisition related thereto)
in carrying out weapons activities necessary for
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national 
nuclear 
security 
administration,
$588,173,000, to be allocated as follows:
Project 01–D–101, distributed infor-
mation systems laboratory, Sandia Na-
tional Laboratories, Livermore, California,
$2,300,000.
Project 01–D–103, preliminary project
design and engineering, various locations,
$14,500,000.
Project 01–D–124, highly enriched
uranium (HEU) materials facility, Y–12
Plant, Oak Ridge, Tennessee, $17,800,000.
Project 01–D–126, weapons evaluation
test laboratory, Pantex Plant, Amarillo,
Texas, $3,000,000.
Project 00–D–103, terascale simulation
facility, Lawrence Livermore National Lab-
oratory, Livermore, California, $5,000,000.
Project 00–D–105, strategic computing
complex, Los Alamos National Laboratory,
Los Alamos, New Mexico, $56,000,000.
Project 00–D–107, joint computational
engineering laboratory, Sandia National
Laboratories, Albuquerque, New Mexico,
$6,700,000.
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Project 99–D–103, isotope sciences fa-
cilities, Lawrence Livermore National Lab-
oratory, Livermore, California, $5,000,000.
Project 99–D–104, protection of real
property (roof reconstruction, Phase II)
Lawrence Livermore National Laboratory,
Livermore, California, $2,800,000.
Project 99–D–106, model validation
and systems certification test center, Sandia
National Laboratories, Albuquerque, New
Mexico, $5,200,000.
Project 99–D–108, renovate existing
roadways, 
Nevada 
Test 
Site, 
Nevada,
$2,000,000.
Project 99–D–125, replace boilers and
controls, Kansas City Plant, Kansas City,
Missouri, $13,000,000.
Project 99–D–127, stockpile manage-
ment restructuring initiative, Kansas City
Plant, Kansas City, Missouri, $23,765,000.
Project 99–D–128, stockpile manage-
ment restructuring initiative, Pantex Plant
consolidation, Amarillo, Texas, $4,998,000.
Project 99–D–132, stockpile manage-
ment restructuring initiative, nuclear mate-
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rials safeguards and security upgrades
project, Los Alamos National Laboratory,
Los Alamos, New Mexico, $18,043,000.
Project 98–D–123, stockpile manage-
ment restructuring initiative, tritium facil-
ity modernization and consolidation, Sa-
vannah River Site, Aiken, South Carolina,
$30,767,000.
Project 98–D–125, tritium extraction
facility, Savannah River Site, Aiken, South
Carolina, $75,000,000.
Project 98–D–126, Accelerator Produc-
tion of Tritium (APT), various locations,
$34,000,000.
Project 97–D–102, dual-axis radio-
graphic hydrotest facility (DARHT), Los
Alamos National Laboratory, Los Alamos,
New Mexico, $35,232,000.
Project 97–D–123, structural upgrades,
Kansas City Plant, Kansas City, Missouri,
$2,918,000.
Project 96–D–111, national ignition
facility (NIF), Lawrence Livermore Na-
tional Laboratory, Livermore, California,
$214,100,000.
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Project 95–D–102, chemistry and met-
allurgy research upgrades project, Los Ala-
mos National Laboratory, Los Alamos, New
Mexico, $13,337,000.
Project 88–D–123, security enhance-
ment, Pantex Plant, Amarillo, Texas,
$2,713,000.
(2) DEFENSE
NUCLEAR
NONPROLIFERATION.—
For defense nuclear nonproliferation necessary for na-
tional nuclear security administration, $847,035,000,
to be allocated as follows:
(A) NONPROLIFERATION AND VERIFICATION
RESEARCH
AND
DEVELOPMENT.—For 
non-
proliferation and verification research and devel-
opment technology in carrying out defense nu-
clear nonproliferation necessary for national nu-
clear security administration, $262,990,000, to
be allocated as follows:
(i) For operation and maintenance,
$255,990,000.
(ii) For the following plant project (in-
cluding maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisi-
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tion related thereto), $7,000,000, to be allo-
cated as follows:
Project 00–D–192, nonprolifera-
tion and international security center
(NISC), Los Alamos National Labora-
tory, 
Los 
Alamos, 
New 
Mexico,
$7,000,000.
(B) ARMS CONTROL.—For arms control in
carrying out defense nuclear nonproliferation
necessary for national nuclear security adminis-
tration, $308,060,000, to be allocated as follows:
(i) 
For 
arms 
control 
operations,
$272,870,000.
(ii) For highly enriched uranium
(HEU) 
transparency 
implementation,
$15,190,000.
(iii) For international nuclear safety,
$20,000,000.
(C) FISSILE MATERIALS DISPOSITION.—For
fissile materials disposition in carrying out de-
fense nuclear nonproliferation necessary for na-
tional 
nuclear 
security 
administration,
$224,517,000, to be allocated as follows:
(i) For operation and maintenance,
$175,517,000.
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(ii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects au-
thorized in prior years, and land acquisi-
tion related thereto), $49,000,000, to be allo-
cated as follows:
Project 00–D–142, immobilization
and associated processing facility, ti-
tles I and II design, Savannah River
Site, 
Aiken, 
South 
Carolina,
$3,000,000.
Project 99–D–141, pit disassembly
and conversion facility, titles I and II
design, Savannah River Site, Aiken,
South Carolina, $20,000,000.
Project 99–D–143, mixed oxide
fuel fabrication facility, titles I and II
design, Savannah River Site, Aiken,
South Carolina, $26,000,000.
(D) PROGRAM
DIRECTION.—For program
direction in carrying out defense nuclear non-
proliferation necessary for national nuclear secu-
rity administration, $51,468,000.
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(3) NAVAL REACTORS.—For naval reactors ac-
tivities necessary for national nuclear security ad-
ministration, $695,000,000, to be allocated as follows:
(A) NAVAL REACTORS DEVELOPMENT.—For
naval reactors development in carrying out
naval reactors activities necessary for national
nuclear security administration, $673,600,000,
to be allocated as follows:
(i) For operation and maintenance,
$644,900,000.
(ii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects au-
thorized in prior years, and land acquisi-
tion related thereto), $28,700,000, to be allo-
cated as follows:
Project GPN–101, general plant
projects, 
various 
locations,
$11,400,000.
Project 01–D–200, major office re-
placement building, Schenectady, New
York, $1,300,000.
Project 90–N–102, expended core
facility dry cell project, Naval Reactors
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Facility, 
Idaho 
Falls, 
Idaho,
$16,000,000.
(B) PROGRAM
DIRECTION.—For program
direction in carrying out naval reactors activi-
ties necessary for national nuclear security ad-
ministration, $21,400,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND
WASTE MANAGEMENT.
(a) IN GENERAL.—Subject to subsection (b), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 2001 for environmental restoration
and waste management activities in carrying out programs
necessary for national security in the amount of
$5,651,824,000, to be allocated as follows:
(1) CLOSURE
PROJECTS.—For closure projects
carried out in accordance with section 3143 of the
National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201; 110 Stat. 2836; 42
U.S.C. 7277n), $1,082,297,000
(2) SITE/PROJECT COMPLETION.—For site com-
pletion and project completion in carrying out envi-
ronmental management activities necessary for na-
tional security programs, $930,951,000, to be allo-
cated as follows:
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(A) 
For 
operation 
and 
maintenance,
$861,475,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$69,476,000, to be allocated as follows:
Project 01–D–402, Intec cathodic pro-
tection system expansion, Idaho National
Engineering and Environmental Labora-
tory, Idaho Falls, Idaho, $500,000.
Project 01–D–407, highly enriched
uranium (HEU) blend down, Savannah
River 
Site, 
Aiken, 
South 
Carolina,
$27,932,000.
Project 99–D–402, tank farm support
services, F&H areas, Savannah River Site,
Aiken, South Carolina, $7,714,000.
Project 99–D–404, health physics in-
strumentation laboratory, Idaho National
Engineering and Environmental Labora-
tory, Idaho Falls, Idaho, $4,300,000.
Project 
98–D–453, 
plutonium 
sta-
bilization and handling system for pluto-
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nium finishing plant, Richland, Wash-
ington, $1,690,000.
Project 97–D–470, regulatory moni-
toring and bioassay laboratory, Savannah
River 
Site, 
Aiken, 
South 
Carolina,
$3,949,000.
Project 96–D–471, chlorofluorocarbon
heating, ventilation, and air conditioning
and chiller retrofit, Savannah River Site,
Aiken, South Carolina, $12,512,000.
Project 92–D–140, F&H canyon ex-
haust upgrades, Savannah River Site,
Aiken, South Carolina, $8,879,000.
Project 
86–D–103, 
decontamination
and waste treatment facility, Lawrence
Livermore National Laboratory, Livermore,
California, $2,000,000.
(3) POST 2006 COMPLETION.—For post-2006
completion in carrying out environmental restoration
and waste management activities necessary for na-
tional security programs, $3,178,457,000, to be allo-
cated as follows:
(A) 
For 
operation 
and 
maintenance,
$2,683,725,000.
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(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$99,732,000, to be allocated as follows:
Project 01–D–403, immobilized high-
level waste interim storage facility, Rich-
land, Washington, $1,300,000.
Project 99–D–403, privatization phase
I infrastructure support, Richland, Wash-
ington, $7,812,000.
Project 97–D–402, tank farm restora-
tion and safe operations, Richland, Wash-
ington, $46,023,000.
Project 94–D–407, initial tank re-
trieval 
systems, 
Richland, 
Washington,
$17,385,000.
Project 93–D–187, high-level waste re-
moval from filled waste tanks, Savannah
River 
Site, 
Aiken, 
South 
Carolina,
$27,212,000.
(4) SCIENCE AND TECHNOLOGY DEVELOPMENT.—
For science and technology development in carrying
out environmental restoration and waste management
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activities necessary for national security programs,
$246,548,000.
(5) PROGRAM DIRECTION.—For program direc-
tion in carrying out environmental restoration and
waste management activities necessary for national
security programs, $354,888,000.
(b) ADJUSTMENT.—The total amount authorized to be
appropriated by subsection (a) is the sum of the amounts
authorized to be appropriated by paragraphs (1) through
(5) of that subsection, reduced by $216,317,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) IN GENERAL.—Subject to subsection (b), funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 2001 for other defense activities in
carrying out programs necessary for national security in
the amount of $536,322,000, to be allocated as follows:
(1) INTELLIGENCE.—For intelligence in carrying
out other defense activities necessary for national se-
curity programs, $38,059,000, to be allocated as fol-
lows:
(A) 
For 
operation 
and 
maintenance,
$36,059,000.
(B) For the following plant project (includ-
ing maintenance, restoration, planning, con-
struction, acquisition, modification of facilities,
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and the continuation of projects authorized in
prior years, and land acquisition related there-
to), $2,000,000, to be allocated as follows:
Project 01–D–800, sensitive compart-
mented 
information 
facility, 
Lawrence
Livermore National Laboratory, Livermore,
California, $2,000,000.
(2) COUNTERINTELLIGENCE.—For counterintel-
ligence in carrying out other defense activities nec-
essary for national security programs, $75,200,000.
(3) SECURITY AND EMERGENCY OPERATIONS.—
For security and emergency operations in carrying
out other defense activities necessary for national se-
curity programs, $281,576,000, to be allocated as fol-
lows:
(A) For nuclear safeguards and security,
$124,409,000.
(B) 
For 
security 
investigations,
$33,000,000.
(C) 
For 
emergency 
management,
$37,300,000.
(D) For program direction, $86,867,000.
(4) INDEPENDENT
OVERSIGHT
AND
PERFORM-
ANCE
ASSURANCE.—For independent oversight and
performance assurance in carrying out other defense
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activities necessary for national security programs,
$14,937,000, to be allocated for program direction.
(5) ENVIRONMENT, SAFETY, AND HEALTH, DE-
FENSE.—For environment, safety, and health, defense,
in carrying out other defense activities necessary for
national security programs, $99,050,000, to be allo-
cated as follows:
(A) For the Office of Environment, Safety,
and Health (Defense), $76,446,000.
(B) For program direction, $22,604,000.
(6) WORKER AND COMMUNITY TRANSITION.—For
worker and community transition in carrying out
other defense activities necessary for national security
programs, $24,500,000, to be allocated as follows:
(A) 
For 
operation 
and 
maintenance,
$21,500,000.
(B) For program direction, $3,000,000.
(7) OFFICE OF HEARINGS AND APPEALS.—For
the Office of Hearings and Appeals in carrying out
other defense activities necessary for national security
programs, $3,000,000.
(b) ADJUSTMENTS.—(1) The amount authorized to be
appropriated pursuant to subsection (a)(3)(B) is reduced
by $20,000,000 to reflect an offset provided by user organi-
zations for security investigations.
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(2) The total amount authorized to be appropriated
by subsection (a) is the sum of the amounts authorized to
be appropriated by paragraphs (1) through (7) of that sub-
section, reduced by $50,000,000.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRI-
VATIZATION.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year
2001 for privatization initiatives in carrying out environ-
mental restoration and waste management activities nec-
essary for national security programs in the amount of
$390,092,000, to be allocated as follows:
Project 98–PVT–2, spent nuclear fuel dry stor-
age, Idaho Falls, Idaho, $25,092,000.
Project 97–PVT–1, tank waste remediation sys-
tem 
project, 
phase 
I, 
Richland, 
Washington,
$300,000,000.
Project 97–PVT–2, advanced mixed waste treat-
ment project Idaho Falls, Idaho, $65,000,000.
(b) EXPLANATION OF ADJUSTMENT.—The amount au-
thorized to be appropriated pursuant to subsection (a) is
the sum of the amounts authorized to be appropriated for
the projects in that subsection reduced by $25,092,000 for
use of prior year balances of funds for defense environ-
mental management privatization.
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SEC. 3105. ENERGY EMPLOYEES COMPENSATION INITIA-
TIVE.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2001 for an energy
employees compensation initiative in the amount of
$17,000,000.
SEC. 3106. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2001 for payment to
the Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in
the amount of $112,000,000.
Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy sub-
mits to the congressional defense committees the report re-
ferred to in subsection (b) and a period of 30 days has
elapsed after the date on which such committees receive the
report, the Secretary may not use amounts appropriated
pursuant to this title for any program—
(1) in amounts that exceed, in a fiscal year—
(A) 110 percent of the amount authorized
for that program by this title; or
(B) $ 1,000,000 more than the amount au-
thorized for that program by this title; or
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HR 4205 EAS
(2) which has not been presented to, or requested
of, Congress.
(b) REPORT.—(1) The report referred to in subsection
(a) is a report containing a full and complete statement
of the action proposed to be taken and the facts and cir-
cumstances relied upon in support of the proposed action.
(2) In the computation of the 30-day period under sub-
section (a), there shall be excluded any day on which either
House of Congress is not in session because of an adjourn-
ment of more than 3 days to a day certain.
(c) LIMITATIONS.—(1) In no event may the total
amount of funds obligated pursuant to this title exceed the
total amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not
be used for an item for which Congress has specifically de-
nied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL.—The Secretary of Energy may carry
out any construction project under the general plant
projects authorized by this title if the total estimated cost
of the construction project does not exceed $5,000,000.
(b) REPORT TO CONGRESS.—If, at any time during
the construction of any general plant project authorized by
this title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
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project exceeds $5,000,000, the Secretary shall immediately
furnish a report to the congressional defense committees ex-
plaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in para-
graph (2), construction on a construction project may not
be started or additional obligations incurred in connection
with the project above the total estimated cost, whenever the
current estimated cost of the construction project, author-
ized by 3101, 3102, or 3103, or which is in support of na-
tional security programs of the Department of Energy and
was authorized by any previous Act, exceeds by more than
25 percent the higher of—
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the
project as shown in the most recent budget justifica-
tion data submitted to Congress.
(2) An action described in paragraph (1) may be taken
if—
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the ac-
tions and the circumstances making such action nec-
essary; and
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HR 4205 EAS
(B) a period of 30 days has elapsed after the
date on which the report is received by the commit-
tees.
(3) In the computation of the 30-day period under
paragraph (2), there is excluded any day on which either
House of Congress is not in session because of an adjourn-
ment of more than 3 days to a day certain.
(b) EXCEPTION.—Subsection (a) does not apply to a
construction project with a current estimated cost of less
than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The
Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to this
title to other Federal agencies for the performance of work
for which the funds were authorized. Funds so transferred
may be merged with and be available for the same purposes
and for the same time period as the authorizations of the
Federal agency to which the amounts are transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—
(1) Subject to paragraph (2), the Secretary of Energy may
transfer funds authorized to be appropriated to the Depart-
ment of Energy pursuant to this title between any such au-
thorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and
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HR 4205 EAS
for the same period as the authorization to which the
amounts are transferred.
(2) Not more than 5 percent of any such authorization
may be transferred between authorizations under para-
graph (1). No such authorization may be increased or de-
creased by more than 5 percent by a transfer under such
paragraph.
(c) LIMITATIONS.—The authority provided by this sub-
section to transfer authorizations—
(1) may be used only to provide funds for items
relating to activities necessary for national security
programs that have a higher priority than the items
from which the funds are transferred; and
(2) may not be used to provide funds for an item
for which Congress has specifically denied funds.
(d) NOTICE TO CONGRESS.—The Secretary of Energy
shall promptly notify the Committees on Armed Services
of the Senate and House of Representatives of any transfer
of funds to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT
OF CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
graph (3), before submitting to Congress a request for funds
for a construction project that is in support of a national
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HR 4205 EAS
security program of the Department of Energy, the Sec-
retary of Energy shall complete a conceptual design for that
project.
(2) If the estimated cost of completing a conceptual
design for a construction project exceeds $3,000,000, the
Secretary shall submit to Congress a request for funds for
the conceptual design before submitting a request for funds
for the construction project.
(3) The requirement in paragraph (1) does not apply
to a request for funds—
(A) for a construction project the total estimated
cost of which is less than $5,000,000; or
(B) for emergency planning, design, and con-
struction activities under section 3126.
(b) AUTHORITY
FOR CONSTRUCTION DESIGN.—(1)
Within the amounts authorized by this title, the Secretary
of Energy may carry out construction design (including ar-
chitectural and engineering services) in connection with
any proposed construction project if the total estimated cost
for such design does not exceed $600,000.
(2) If the total estimated cost for construction design
in connection with any construction project exceeds
$600,000, funds for that design must be specifically author-
ized by law.
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SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy pursuant
to an authorization in this title, including funds authorized
to be appropriated for advance planning and construction
design under sections 3101, 3102, and 3103, to perform
planning, design, and construction activities for any De-
partment of Energy national security program construction
project that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety,
to meet the needs of national defense, or to protect property.
(b) LIMITATION.—The Secretary may not exercise the
authority under subsection (a) in the case of any construc-
tion project until the Secretary has submitted to the con-
gressional defense committees a report on the activities that
the Secretary intends to carry out under this section and
the circumstances making those activities necessary.
(c) SPECIFIC AUTHORITY.—The requirement of section
3125(b)(2) does not apply to emergency planning, design,
and construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriation Acts and
section 3121, amounts appropriated pursuant to this title
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HR 4205 EAS
for management and support activities and for general
plant projects are available for use, when necessary, in con-
nection with all national security programs of the Depart-
ment of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) IN GENERAL.—Except as provided in subsection
(b), when so specified in an appropriations Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—
Amounts appropriated for program direction pursuant to
an authorization of appropriations in subtitle A shall re-
main available to be expended only until the end of fiscal
year 2003.
SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MAN-
AGEMENT FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of Energy
shall provide the manager of each field office of the Depart-
ment of Energy with the authority to transfer defense envi-
ronmental management funds from a program or project
under the jurisdiction of the office to another such program
or project.
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HR 4205 EAS
(b) LIMITATIONS.—(1) Only one transfer may be made
to or from any program or project under subsection (a) in
a fiscal year.
(2) The amount transferred to or from a program or
project under subsection (a) may not exceed $5,000,000 in
a fiscal year.
(3) A transfer may not be carried out by a manager
of a field office under subsection (a) unless the manager
determines that the transfer is necessary to address a risk
to health, safety, or the environment or to assure the most
efficient use of defense environmental management funds at
the field office.
(4) Funds transferred pursuant to subsection (a) may
not be used for an item for which Congress has specifically
denied funds or for a new program or project that has not
been authorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not apply
to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through the
Assistant Secretary of Energy for Environmental Manage-
ment, shall notify Congress of any transfer of funds pursu-
ant to subsection (a) not later than 30 days after such
transfer occurs.
(e) DEFINITIONS.—In this section:
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HR 4205 EAS
(1) The term ‘‘program or project’’ means, with
respect to a field office of the Department of Energy,
any of the following:
(A) A program referred to or a project listed
in paragraphs (2) through (5) of section 3102(a).
(B) A program or project not described in
subparagraph (A) that is for environmental res-
toration or waste management activities nec-
essary for national security programs of the De-
partment, that is being carried out by the office,
and for which defense environmental manage-
ment funds have been authorized and appro-
priated before the date of the enactment of this
Act.
(2) The term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the Depart-
ment of Energy pursuant to an authorization for car-
rying out environmental restoration and waste man-
agement activities necessary for national security pro-
grams.
(f) DURATION OF AUTHORITY.—The managers of the
field offices of the Department may exercise the authority
provided under subsection (a) during the period beginning
on October 1, 2000, and ending on September 30, 2001.
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Subtitle C—National Nuclear
Security Administration
SEC. 3131. TERM OF OFFICE OF PERSON FIRST APPOINTED
AS UNDER SECRETARY FOR NUCLEAR SECU-
RITY OF THE DEPARTMENT OF ENERGY.
(a) LENGTH OF TERM.—The term of office as Under
Secretary for Nuclear Security of the Department of Energy
of the person first appointed to that position shall be three
years.
(b) EXCLUSIVE REASONS FOR REMOVAL.—The exclu-
sive reasons for removal from office as Under Secretary for
Nuclear Security of the person described in subsection (a)
shall be inefficiency, neglect of duty, or malfeasance in of-
fice.
(c) POSITION DESCRIBED.—The position of Under
Secretary for Nuclear Security of the Department of Energy
referred to in this section is the position established by sub-
section (c) of section 202 of the Department of Energy Orga-
nization Act (42 U.S.C. 7132), as added by section 3202
of the National Nuclear Security Administration Act (title
XXXII of Public Law 106–65; 113 Stat. 954)).
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HR 4205 EAS
SEC. 3132. MEMBERSHIP OF UNDER SECRETARY FOR NU-
CLEAR SECURITY ON THE JOINT NUCLEAR
WEAPONS COUNCIL.
(a) MEMBERSHIP.—Section 179 of title 10, United
States Code, is amended—
(1) in subsection (a), by striking paragraph (3)
and inserting the following new paragraph (3):
‘‘(3) The Under Secretary for Nuclear Security
of the Department of Energy.’’; and
(2) in subsection (b)(2), by striking ‘‘the rep-
resentative designated under subsection (a)(3)’’ and
inserting ‘‘the Under Secretary for Nuclear Security
of the Department of Energy’’.
(b) CONFORMING AMENDMENT.—Section 3212 of the
National Nuclear Security Administration Act (title XXXII
of the Public Law 106–65; 50 U.S.C. 2402) is amended by
adding at the end the following new subsection:
‘‘(e) MEMBERSHIP
ON JOINT NUCLEAR WEAPONS
COUNCIL.—The Administrator serves as a member of the
Joint Nuclear Weapons Council under section 179 of title
10, United States Code.’’.
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HR 4205 EAS
SEC. 3133. SCOPE OF AUTHORITY OF SECRETARY OF EN-
ERGY TO MODIFY ORGANIZATION OF NA-
TIONAL NUCLEAR SECURITY ADMINISTRA-
TION.
(a) SCOPE OF AUTHORITY.—Subtitle A of the National
Nuclear Security Administration Act (title XXXII of Public
Law 106–65; 113 Stat. 957; 50 U.S.C. 2401 et seq.) is
amended by adding at the end the following new section:
‘‘SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF EN-
ERGY TO MODIFY ORGANIZATION OF ADMIN-
ISTRATION.
‘‘Notwithstanding the authority granted by section 643
of the Department of Energy Organization Act (42 U.S.C.
7253) or any other provision of law, the Secretary of En-
ergy may not establish, abolish, alter, consolidate, or dis-
continue any organizational unit or component, or transfer
any function, of the Administration, except as authorized
by subsection (b) or (c) of section 3291.’’.
(b) CONFORMING AMENDMENTS.—Section 643 of the
Department of Energy Organization Act (42 U.S.C. 7253)
is amended—
(1) by striking ‘‘The Secretary’’ and inserting
‘‘(a) Subject to subsection (b), the Secretary’’; and
(2) by adding at the end the following new sub-
section:
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HR 4205 EAS
‘‘(b) The authority of the Secretary to establish, abol-
ish, alter, consolidate, or discontinue any organizational
unit or component of the National Nuclear Security Admin-
istration is governed by the provisions of section 3219 of
the National Nuclear Security Administration Act (title
XXXII of Public Law 106–65).’’.
SEC. 3134. PROHIBITION ON PAY OF PERSONNEL ENGAGED
IN CONCURRENT SERVICE OR DUTIES INSIDE
AND OUTSIDE NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
Subtitle C of the National Nuclear Security Adminis-
tration Act (title XXXII of Public Law 106–65; 50 U.S.C.
2441 et seq.) is amended by adding at the end the following
new section:
‘‘SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED
IN CONCURRENT SERVICE OR DUTIES INSIDE
AND OUTSIDE ADMINISTRATION.
‘‘Except as otherwise expressly provided by statute, no
funds authorized to be appropriated or otherwise made
available for the Department of Energy for any fiscal year
after fiscal year 2000 may be obligated or utilized to pay
the basic pay of an officer or employee of the Department
of Energy who—