485
SEC. 1214. PROCUREMENT SANCTIONS AGAINST FOREIGN 
PERSONS 
THAT 
TRANSFER 
CERTAIN 
DE-
FENSE ARTICLES AND SERVICES TO THE 
PEOPLE’S REPUBLIC OF CHINA. 
(a) DECLARATION OF POLICY.—Congress declares 
that it is the policy of the United States to deny the Peo-
ple’s Republic of China such defense goods and defense 
technology that could be used to threaten the United 
States or undermine the security of Taiwan or the stability 
of the Western Pacific region. 
(b) PROCUREMENT SANCTION.—(1) The Secretary of 
Defense may not procure, by contract or otherwise, any 
goods or services from—
(A) any foreign person the Secretary of Defense 
determines has, with actual knowledge, on or after 
the date of the enactment of this Act, exported, 
transferred, or otherwise provided to governmental 
or nongovernmental entities of the People’s Republic 
of China any item or class of items on the United 
States Munitions List (or any item or class of items 
that are identical, substantially identical, or directly 
competitive to an item or class of items on the 
United States Munitions List); and 
(B) any foreign person the Secretary of Defense 
determines—
486
(i) is a successor entity to a person re-
ferred to in paragraph (1); 
(ii) is a parent or subsidiary of a person 
referred to in paragraph (1); or 
(iii) is an affiliate of a person referred to 
in paragraph (1) if that affiliate is controlled in 
fact by such person. 
(2) The prohibition under paragraph (1) with respect 
to a foreign person shall last for a period of five years 
after a determination is made by the Secretary of Defense 
with respect to that person under paragraph (1)(A). 
(c) PUBLIC AVAILABILITY OF LIST OF SANCTIONED 
PERSONS.—(1) The Secretary of Defense shall annually 
publish in the Federal Register a current list of any for-
eign persons sanctioned under subsection (b). The removal 
of foreign persons from, and the addition of foreign per-
sons to, the list shall also be so published. 
(2) The Secretary shall maintain the list published 
under paragraph (1) on the Internet website of the De-
partment of Defense. 
(d) REMOVAL FROM LIST
OF SANCTIONED PER-
SONS.—The Secretary of Defense may remove a person 
from the list of sanctioned persons referred to in sub-
section (c) only after the five-year prohibition period im-
487
posed under subsection (b) with respect to the person has 
expired. 
(e) EXCEPTIONS.—(1) Subsection (b) shall not 
apply—
(A) to contracts, or subcontracts under such 
contracts, in existence on the date of the enactment 
of this Act, including options under such contracts; 
(B) if the Secretary of Defense determines in 
writing that the person to which the sanctions would 
otherwise be applied is a sole source supplier of the 
goods or services being procured, that the goods or 
services are essential, and that alternative sources 
are not readily or reasonably available; 
(C) in the case of a contract for routine serv-
icing and maintenance, if the Secretary of Defense 
determines in writing alternative sources for per-
forming the contract are not readily or reasonably 
available; or 
(D) if the Secretary of Defense determines in 
writing that goods or services proposed to be pro-
cured under the contract are essential to the na-
tional security of the United States. 
(2) Determinations under paragraph (1) shall be pub-
lished in the Federal Register. 
(f) DEFINITIONS.—In this section:
488
(1) The term ‘‘foreign person’’ has the meaning 
given the term in section 14 of the Iran and Libya 
Sanctions Act of 1996 (50 U.S.C. 1701). 
(2) The term ‘‘United States Munitions List’’ 
means the list referred to in section 38(a)(1) of the 
Arms Export Control Act (22 U.S.C. 2778(a)(1)). 
SEC. 1215. MILITARY EDUCATIONAL EXCHANGES BETWEEN 
SENIOR OFFICERS AND OFFICIALS OF THE 
UNITED STATES AND TAIWAN. 
(a) DEFENSE EXCHANGES.—The Secretary of De-
fense shall undertake a program of senior military officer 
and senior official exchanges with Taiwan designed to im-
prove Taiwan’s defenses against the People’s Liberation 
Army of the People’s Republic of China. 
(b) EXCHANGES DESCRIBED.—For the purposes of 
this section, the term ‘‘exchange’’ means an activity, exer-
cise, event, or observation opportunity between Armed 
Forces personnel or Department of Defense officials of the 
United States and armed forces personnel and officials of 
Taiwan. 
(c) FOCUS OF EXCHANGES.—The senior military offi-
cer and senior official exchanges undertaken pursuant to 
subsection (a) shall include exchanges focused on the fol-
lowing, especially as they relate to defending Taiwan
489
against potential submarine attack and potential missile 
attack: 
(1) Threat analysis. 
(2) Military doctrine. 
(3) Force planning. 
(4) Logistical support. 
(5) Intelligence collection and analysis. 
(6) Operational tactics, techniques, and proce-
dures. 
(d) CIVIL-MILITARY AFFAIRS.—The senior military 
officer and senior official exchanges undertaken pursuant 
to subsection (a) shall include activities and exercises fo-
cused on civil-military relations, including parliamentary 
relations. 
(e) LOCATION OF EXCHANGES.—The senior military 
officer and senior official exchanges undertaken pursuant 
to subsection (a) shall be conducted in both the United 
States and Taiwan. 
(f) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘senior military officer’’ means a 
general or flag officer of the Armed Forces on active 
duty. 
(2) The term ‘‘senior official’’ means a civilian 
official of the Department of Defense at the level of 
Deputy Assistant Secretary of Defense or above.
490
TITLE 
XIII—COOPERATIVE 
THREAT 
REDUCTION 
WITH 
STATES OF THE FORMER SO-
VIET UNION 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Co-
operative Threat Reduction programs are the programs 
specified in section 1501(b) of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2731; 50 U.S.C. 2362 note). 
(b) FISCAL YEAR 2005 COOPERATIVE THREAT RE-
DUCTION FUNDS DEFINED.—As used in this title, the 
term ‘‘fiscal year 2005 Cooperative Threat Reduction 
funds’’ means the funds appropriated pursuant to the au-
thorization of appropriations in section 301 for Coopera-
tive Threat Reduction programs. 
(c) AVAILABILITY OF FUNDS.—Funds appropriated 
pursuant to the authorization of appropriations in section 
301 for Cooperative Threat Reduction programs shall be 
available for obligation for three fiscal years. 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the 
amount authorized to be appropriated to the Department
491
of Defense for fiscal year 2005 in section 301(19) for Co-
operative Threat Reduction programs, the following 
amounts may be obligated for the purposes specified: 
(1) For strategic offensive arms elimination in 
Russia, $58,522,000. 
(2) For nuclear weapons transportation security 
in Russia, $26,284,000. 
(3) For nuclear weapons storage security in 
Russia, $48,720,000. 
(4) For activities designated as Other Assess-
ments/Administrative Support, $14,267,000. 
(5) 
For 
defense 
and 
military 
contacts, 
$8,000,000. 
(6) For chemical weapons destruction in Rus-
sia, $158,400,000. 
(7) For biological weapons proliferation preven-
tion in the former Soviet Union, $55,013,000. 
(8) For weapons of mass destruction prolifera-
tion prevention in the states of the former Soviet 
Union, $40,030,000. 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF 
FUNDS FOR OTHER PURPOSES.—No fiscal year 2005 Co-
operative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (8) of subsection (a) until 30 days
492
after the date that the Secretary of Defense submits to 
Congress a report on the purpose for which the funds will 
be obligated or expended and the amount of funds to be 
obligated or expended. Nothing in the preceding sentence 
shall be construed as authorizing the obligation or expend-
iture of fiscal year 2005 Cooperative Threat Reduction 
funds for a purpose for which the obligation or expendi-
ture of such funds is specifically prohibited under this title 
or any other provision of law. 
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL 
AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any 
case in which the Secretary of Defense determines that 
it is necessary to do so in the national interest, the Sec-
retary may obligate amounts appropriated for fiscal year 
2005 for a purpose listed in any of the paragraphs in sub-
section (a) in excess of the specific amount authorized for 
that purpose. 
(2) An obligation of funds for a purpose stated in 
any of the paragraphs in subsection (a) in excess of the 
specific amount authorized for such purpose may be made 
using the authority provided in paragraph (1) only after—
(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete 
discussion of the justification for doing so; and
493
(B) 15 days have elapsed following the date of 
the notification. 
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for a purpose 
stated in any of paragraphs (5) through (8) of subsection 
(a) in excess of 125 percent of the specific amount author-
ized for such purpose. 
SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION 
ON FUNDING FOR CHEMICAL WEAPONS DE-
STRUCTION FACILITY IN RUSSIA. 
(a) TEMPORARY AUTHORITY.—Section 1305 of the 
National Defense Authorization Act for Fiscal Year 2000 
(Public Law 106–65; 22 U.S.C. 5952 note) shall not apply 
if the President submits to Congress a written certification 
that includes—
(1) a statement as to why a waiver of the condi-
tions described in such section 1305 is important to 
the national security interests of the United States; 
(2) a full and complete justification for the 
waiver of the conditions; and 
(3) a plan to promote a full and accurate disclo-
sure by Russia regarding the size, content, status, 
and location of its chemical weapons stockpile. 
(b) EXPIRATION.—The authority in subsection (a) 
shall expire on September 30, 2005.
494
TITLE XIV—EXPORT CONTROLS 
AND 
COUNTERPROLIFER-
ATION MATTERS
Subtitle A—Export Control Matters 
SEC. 1401. DEFINITIONS UNDER ARMS EXPORT CONTROL 
ACT. 
Section 47 of the Arms Export Control Act (22 
U.S.C. 2794) is amended—
(1) in paragraph (10)—
(A) by moving the margin two ems to the 
left; and 
(B) by striking ‘‘and’’ at the end; 
(2) in paragraph (11)—
(A) by moving the margin two ems to the 
left; and 
(B) by striking the period at the end and 
inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(12) ‘license’ means a document bearing the word 
license issued by the United States Government agency 
charged with implementing section 38 of this Act, which 
permits the export or import of a defense article or defense 
service;
495
‘‘(13) ‘agent’ means a representative or emissary of 
a government other than an officer or employee of the gov-
ernment; and 
‘‘(14) ‘exporting agent’ means a freight forwarder or 
other consignee designated on a license application who 
is authorized to act on behalf of and the control of the 
license applicant.’’.
SEC. 1402. EXEMPTION FROM LICENSING REQUIREMENTS 
FOR 
EXPORT 
OF 
SIGNIFICANT 
MILITARY 
EQUIPMENT. 
Section 38(b)(2) of the Arms Export Control Act (22 
U.S.C. 2778(b)(2)) is amended—
(1) by striking ‘‘(2) Except’’ and inserting 
‘‘(2)(A) Except’’; 
(2) by striking ‘‘(A) for official’’ and inserting 
‘‘(i) for official’’ and further by striking ‘‘(B) for 
carrying out’’ and inserting ‘‘(ii) for carrying out’’; 
and 
(3) by adding at the end the following: 
‘‘(B) The President may not establish an exemption 
in regulation or otherwise from the license requirements 
of this section for the export of a defense article that is 
significant military equipment (other than a firearm that 
is intended for personal use).’’.
496
SEC. 1403. COOPERATIVE PROJECTS WITH FRIENDLY FOR-
EIGN COUNTRIES. 
Section 27 of the Arms Export Control Act (22 
U.S.C. 2767) is amended—
(1) in subsection (g) to read as follows: 
‘‘(g) Unless the President states in his certification 
that an emergency exists which requires the immediate ap-
proval of the cooperative agreement in the national secu-
rity interests of the United States (in which case the 
President shall set forth in the certification a justification 
for this determination), an agreement shall not be signed 
if, within the 30-day period specified in subsection (f), a 
joint resolution prohibiting the agreement is enacted into 
law.’’; and 
(2) by adding at the end the following: 
‘‘(k) A license shall be required for the export of de-
fense articles or defense services relating to a cooperative 
project by any person required to be registered under sec-
tion 38(b)(1)(A)(i) whenever such export is made pursu-
ant to, or in furtherance of, a private contract, purchase 
order, or similar commercial arrangement with a foreign 
corporation.’’.
SEC. 1404. LICENSING REQUIREMENT FOR EXPORT OF 
MILITARILY CRITICAL TECHNOLOGIES. 
(a) LICENSING REQUIREMENT.—The President shall 
require a license under the Export Administration Regula-
497
tions of the Department of Commerce (15 C.F.R. part 730 
et seq.) or the International Traffic in Arms Regulations 
(22 C.F.R. part 120 et seq.), as the case may be, for the 
export of goods or technologies included on the Militarily 
Critical Technologies List. 
(b) DEFINITION.—In this section, the term ‘‘Mili-
tarily Critical Technologies List’’ means the list required 
to be developed by the Secretary of Defense pursuant to 
section 5(d)(2) of the Export Administration Act of 1979 
(50 U.S.C. App. 2404(d)(2)), as such list was effect on 
January 20, 2004, and includes any goods or technologies 
that have been added to the list after that date.
SEC. 1405. CONTROL OF EXPORTS OF UNITED STATES 
WEAPONS TECHNOLOGY TO THE PEOPLE’S 
REPUBLIC OF CHINA. 
A dual use good or technology subject to the jurisdic-
tion of the Export Administration Regulations of the De-
partment of Commerce (15 C.F.R. part 730 et seq.) and 
a defense article or defense service subject to the jurisdic-
tion of the International Traffic in Arms Regulations (22 
C.F.R. part 120 et seq.) may be exported to a foreign per-
son or a foreign country that has previously exported any 
such item to the military, intelligence, police, or internal 
security services of the Government of the People’s Repub-
498
lic of China that would be prohibited for export to China 
if subject to United States export control laws only if—
(1) a license for such export is approved under 
the Export Administration Regulations or the Inter-
national Traffic in Arms Regulations and the Sec-
retary of Defense concurs in the approval of such li-
cense; and 
(2) the foreign person or foreign country agrees 
in writing not to transfer title to or possession of, 
or otherwise provide access to, the licensed items, 
unless the President provides written consent there-
to. 
SEC. 1406. STRENGTHENING INTERNATIONAL EXPORT CON-
TROLS. 
(a) FINDING.—The Congress recognizes that the 
international export control system, as currently con-
stituted, is insufficient to achieve the national security in-
terests of the United States. 
(b) NATIONAL EXPORT CONTROL POLICY.—It is the 
policy of the United States to seek continued negotiations 
of a strengthened international export control system for 
the control of arms and militarily-sensitive goods and tech-
nology to countries of concern. 
(c) PRESIDENTIAL REPORTING REQUIREMENT.—(1) 
Not later than 180 days after the date of the enactment
499
of this Act, and every six months thereafter, the President 
shall submit to the committees referred to in subsection 
(d) a report setting forth the President’s plan for effecting 
a strengthened international export control system capable 
of achieving the national security interests of the United 
States. 
(2) The report shall include—
(A) an evaluation of the effectiveness of the 
current international export control system; 
(B) a plan for negotiating and implementing a 
strengthened international export control system ca-
pable of achieving the national security interests of 
the United States; and 
(C) challenges to and progress in negotiating 
and implementing that plan. 
(d) COMMITTEES; CLASSIFICATION OF REPORT.—(1) 
The report required by subsection (c) shall be submitted 
to—
(A) the Committee on Armed Services, the 
Committee on International Relations, and the Per-
manent Select Committee on Intelligence of the 
House of Representatives; and 
(B) the Committee on Armed Services, the 
Committee on Banking, Housing and Urban Affairs,
500
and the Select Committee on Intelligence of the Sen-
ate. 
(2) The report shall be submitted in unclassified form 
and, as necessary, in classified form.
Subtitle B—Counterproliferation 
Matters
SEC. 
1411. 
DEFENSE 
INTERNATIONAL 
COUNTER-
PROLIFERATION PROGRAMS. 
(a) INTERNATIONAL SECURITY PROGRAM TO PRE-
VENT UNAUTHORIZED TRANSFER AND TRANSPORTATION 
OF WMDS.—Subsection (b) of section 1424 of the De-
fense Against Weapons of Mass Destruction Act of 1996 
(50 U.S.C. 2333) is amended to read as follows: 
‘‘(b) OTHER COUNTRIES.—The Secretary of Defense 
may carry out programs under subsection (a) in a country 
other than a country specified in that subsection if the 
Secretary determines that there exists in that country a 
significant threat of the unauthorized transfer and trans-
portation of nuclear, biological, or chemical weapons or re-
lated materials.’’. 
(b) INTERNATIONAL TRAINING PROGRAM TO DETER 
WMD PROLIFERATION.—Section 1504(e)(3)(A) of the 
National Defense Authorization Act for Fiscal Year 1995 
(Public Law 103–337; 108 Stat. 2918) is amended—
501
(1) by striking ‘‘The training program referred 
to in paragraph (1)(B) is a’’ and inserting ‘The Sec-
retary of Defense may participate in a’’; 
(2) by inserting ‘‘of’’ after ‘‘acquisition’’; 
(3) by striking ‘‘and’’ after ‘‘countries’’; and 
(4) by inserting before the period at the end the 
following: ‘‘, and in other countries in which, as de-
termined by the Secretary of Defense, there exists a 
significant threat of such proliferation and acquisi-
tion’’.
SEC. 1412. DEFENSE COUNTERPROLIFERATION FELLOW-
SHIP PROGRAM. 
(a) PROGRAM AUTHORIZED.—Chapter 101 of title 
10, United States Code, is amended by adding at the end 
the following new section:
‘‘§ 2015. Defense counterproliferation fellowship pro-
gram 
‘‘(a) PROGRAM AUTHORITY.—The Secretary of De-
fense may carry out a program under which foreign mili-
tary defense personnel are selected to attend Department 
of Defense courses and programs in counterproliferation 
and nonproliferation matters in order to improve the abil-
ity of the foreign military defense personnel to contribute 
to halting the illicit acquisition or transportation of weap-
502
ons of mass destruction or of materials that support the 
development or use of such weapons. 
‘‘(b) AUTHORITY TO PAY FOR COSTS OF PARTICI-
PANTS.—The Secretary of Defense may pay for all costs 
(including transportation, travel, and subsistence costs) 
associated with the attendance by a participant at courses 
and programs in the program under this section. 
‘‘(c) PARTICIPANTS.—(1) The following persons may 
be selected for participation in the program under this sec-
tion: 
‘‘(A) Foreign military officers. 
‘‘(B) Foreign ministry of defense officials. 
‘‘(2) Participants in the program shall be selected by 
the Secretary of Defense based upon recommendations 
made by the commanders of the regional unified combat-
ant commands. 
‘‘(d) AUTHORIZED PROGRAM ACTIVITIES.—Partici-
pants in the program may be selected for attendance at, 
and may be authorize to attend, any of the following: 
‘‘(1) Department of Defense professional mili-
tary educational institutions. 
‘‘(2) Regional centers for security studies of the 
Department of Defense.
503
‘‘(e) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations for the administration of the pro-
gram under this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item:
‘‘2015. Defense counterproliferation fellowship program.’’.
Subtitle C—Initiatives Relating to 
Countries of Former Soviet Union 
SEC. 1421. SILK ROAD INITIATIVE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) A number of independent states of the 
former Soviet Union have been helpful to the United 
States in the war on terrorism. 
(2) Such states are new and struggling democ-
racies and would benefit considerably from assist-
ance to create sustainable jobs for their under-
employed or unemployed scientists, engineers, and 
technicians who were formerly engaged in activities 
to develop and produce weapons of mass destruction 
for the Russian Federation or other such state. 
(b) POLICIES.—(1) It is the policy of the United 
States to seek to establish and promote programs to pre-
vent the proliferation, from scientists, engineers, and tech-
nicians of the Russian Federation and other independent
504
states of the former Soviet Union to countries of prolifera-
tion concern, of expertise to develop and produce weapons 
of mass destruction. 
(2) It is also the policy of the United States to seek 
to assist independent states of the former Soviet Union 
that have been helpful to the United States in the war 
on terrorism so as to promote the creation of jobs that 
foster economic stability and democracy. 
(c) PROGRAM AUTHORIZED.—(1) The Secretary of 
Energy may carry out a program, to be known as the Silk 
Road Initiative, to promote non-weapons-related employ-
ment opportunities in the United States and in Silk Road 
nations for scientists, engineers, and technicians formerly 
engaged in activities to develop and produce weapons of 
mass destruction in Silk Road nations. The program 
should—
(A) incorporate best practices under the former 
Initiatives for Proliferation Prevention program; and 
(B) facilitate commercial partnerships between 
private entities in the United States and scientists, 
engineers, and technicians in the Silk Road nations. 
(2) Before implementing the program with respect to 
multiple Silk Road nations, the Secretary of Energy shall 
carry out a pilot program with respect to one Silk Road 
nation selected by the Secretary. It is the sense of Con-
505
gress that the Secretary should select the Republic of 
Georgia. 
(d) SILK ROAD NATIONS DEFINED.—In this section, 
the Silk Road nations are Armenia, Azerbaijan, the Re-
public of Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, 
Turkmenistan, and Uzbekistan. 
(e) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Energy for nonproliferation 
and 
international 
security 
for 
fiscal 
year 
2005, 
$10,000,000 may be used to carry out this section. 
SEC. 1422. TELLER-KURCHATOV NONPROLIFERATION FEL-
LOWSHIPS. 
(a) IN GENERAL.—(1) From amounts made available 
to carry out this section, the Administrator for Nuclear 
Security may carry out a program under which the Ad-
ministrator awards, to scientists employed at the 
Kurchatov Institute of the Russian Federation and sci-
entists employed at Lawrence Livermore National Labora-
tory, international exchange fellowships, to be known as 
Teller-Kurchatov Nonproliferation Fellowships, in the nu-
clear nonproliferation sciences. 
(2) The purpose of the program shall be to provide 
opportunities for advancement in the field of nuclear non-
proliferation to scientists who, as demonstrated by their
506
academic or professional achievements, show particular 
promise of making significant contributions in that field. 
(3) A fellowship awarded to a scientist under the pro-
gram shall be for study and training at (and, where appro-
priate, at an institution of higher education in the vicinity 
of)—
(A) the Kurchatov Institute, in the case of a 
scientist employed at Lawrence Livermore National 
Laboratory; and 
(B) Lawrence Livermore National Laboratory, 
in the case of a scientist employed at the Kurchatov 
Institute. 
(4) The duration of a fellowship under the program 
may not exceed two years, except that the Administrator 
may provide for a longer duration in an individual case 
to the extent warranted by extraordinary circumstances, 
as determined by the Administrator. 
(5) In a calendar year, the Administrator may not 
award more than—
(A) one fellowship to a scientist employed at the 
Kurchatov Institute; and 
(B) one fellowship to a scientist employed at 
Lawrence Livermore National Laboratory. 
(6) A fellowship under the program shall include—
(A) travel expenses;
507
(B) any tuition and fees at an institution of 
higher education for study or training under the fel-
lowship; and 
(C) any other expenses that the Administrator 
considers appropriate, such as room and board. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘institution of higher education’’ 
means a college, university, or other educational in-
stitution that is empowered by an appropriate au-
thority, as determined by the Administrator, to 
award degrees higher than the baccalaureate level. 
(2) 
The 
term 
‘‘nuclear 
nonproliferation 
sciences’’ means bodies of scientific knowledge rel-
evant to developing or advancing the means to pre-
vent or impede the proliferation of nuclear weap-
onry. 
(3) The term ‘‘scientist’’ means an individual 
who has a degree from an institution of higher edu-
cation in a science that has practical application in 
the field of nuclear nonproliferation. 
(c) FUNDING.—Of the funds authorized to be appro-
priated to the Department of Energy for nonproliferation 
and 
international 
security 
for 
fiscal 
year 
2005, 
$10,000,000 may be used to carry out this section.
508
SEC. 1423. COLLABORATION TO REDUCE THE RISKS OF A 
LAUNCH OF RUSSIAN NUCLEAR WEAPONS. 
(a) FINDINGS.—Congress finds that, despite the end-
ing of the Cold War more than a decade ago, the nuclear 
postures and strategic command and control systems of 
the Russian Federation pose risks that a nuclear ballistic 
missile could be launched as the result of an accident, mis-
information, miscalculation, or unauthorized use. Such 
risks are posed as a result of factors including the fol-
lowing: 
(1) The high state of readiness of the Russian 
Federation’s nuclear forces. 
(2) The remote locations of much of the Rus-
sian Federation’s nuclear forces. 
(3) The inadequacy of the Russian Federation’s 
early-warning information. 
(4) The very short time that would be available 
to the President of the Russian Federation if the 
President were informed that a nuclear ballistic mis-
sile attack was or might be underway. 
(5) The possibility that the Russian Federation, 
because of concerns that much of its nuclear forces 
would not survive a nuclear attack, may have a nu-
clear deterrence posture reliant upon launching a re-
taliatory nuclear strike when it believes a nuclear
509
ballistic missile attack against it is or might be un-
derway. 
(6) Deficiencies in the security and control of 
the nuclear forces of the Russian Federation that 
could result in unauthorized personnel gaining con-
trol of a nuclear-armed missile or warhead. 
(7) The susceptibility of nuclear strategic com-
mand and control systems and early-warning sys-
tems to an intrusion or accident that could create 
the false appearance that a nuclear ballistic missile 
attack is or might be underway. 
(b) REPORT.—(1) Not later than November 1, 2005, 
the Secretary of Defense shall submit to Congress a report 
on the collaborative measures that the United States and 
the Russian Federation could take to reduce the risks that 
a nuclear ballistic missile could be launched as the result 
of an accident, misinformation, miscalculation, or unau-
thorized use. For each such measure, the report shall pro-
vide—
(A) specific comments on the advisability of the 
measure in terms of the potential contribution of the 
measure to the national security interests of the 
United States, including the potential contribution 
of the measure in improving relations between the 
United States and the Russian Federation; and
510
(B) a description of the obstacles and opportu-
nities associated with pursuing the measure. 
(2) In addition to any other measure that the Sec-
retary considers appropriate, the report required by para-
graph (1) shall cover the following measures: 
(A) The future of the Joint Data Exchange 
Center. 
(B) Potential topics for discussion between 
high-level military leaders of the United States and 
of the Russian Federation on reducing the risk that 
a nuclear ballistic missile could be launched as the 
result of an accident, misinformation, miscalculation, 
or unauthorized use.
TITLE XV—AUTHORIZATION FOR 
INCREASED COSTS DUE TO 
OPERATION IRAQI FREEDOM 
AND OPERATION ENDURING 
FREEDOM
SEC. 1501. PURPOSE. 
The purpose of this title is to authorize appropria-
tions for the Department of Defense for fiscal year 2005, 
in addition to amounts otherwise authorized by this Act, 
to provide funds for additional costs due to Operation 
Iraqi Freedom and Operation Enduring Freedom.
511
Subtitle A—Authorization of 
Appropriations 
SEC. 1511. ARMY PROCUREMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2005 for procurement accounts of the Army 
in amounts as follows: 
(1) For aircraft, $498,300,000. 
(2) For missiles, $42,800,000. 
(3) For weapons and tracked combat vehicles, 
$201,900,000. 
(4) For ammunition, $78,750,000. 
(5) For other procurement, $1,567,410,000. 
(6) For National Guard and Reserve equip-
ment, $50,000,000. 
SEC. 1512. NAVY AND MARINE CORPS PROCUREMENT. 
(a) MARINE CORPS.—Funds are hereby authorized to 
be appropriated for fiscal year 2005 for the procurement 
account for the Marine Corps in the amount of 
$98,190,000. 
(b) NAVY
AND MARINE CORPS AMMUNITION.—
Funds are hereby authorized to be appropriated for fiscal 
year 2005 for the procurement account for ammunition 
for the Navy and the Marine Corps in the amount of 
$38,402,000.
512
SEC. 1513. AIR FORCE PROCUREMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2005 for the procurement account for aircraft 
for the Air Force in amount of $99,000,000. 
SEC. 1514. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2005 for the procurement account for Defense-
wide procurement in the amount of $720,000,000. 
SEC. 1515. OPERATION AND MAINTENANCE. 
Funds are hereby authorized to be appropriated for 
fiscal year 2005 for the use of the Armed Forces for ex-
penses, not otherwise provided for, for operation and 
maintenance, in amounts as follows: 
(1) For the Army, $9,607,113,000. 
(2) For the Navy, $256,500,000. 
(3) For the Marine Corps, $2,398,735,000. 
(4) For the Air Force, $1,635,000,000. 
(5) For Defense-wide, $2,327,900,000. 
SEC. 1516. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2005 for ex-
penses, not otherwise provided for, for the Defense Health 
Program, in the amount of $75,000,000, for Operation 
and Maintenance.
513
SEC. 1517. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the 
Department of Defense for military personnel accounts for 
fiscal year 2005 a total of $5,305,000,000. 
SEC. 1518. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 
The amounts authorized to be appropriated by this 
title are in addition to amounts otherwise authorized to 
be appropriated by this Act. 
SEC. 1519. TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, the Sec-
retary may transfer amounts of authorizations made avail-
able to the Department of Defense in this title for fiscal 
year 2005 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of authoriza-
tions so transferred shall be merged with and be available 
for the same purposes as the authorization to which trans-
ferred. 
(2) The total amount of authorizations that the Sec-
retary may transfer under the authority of this section 
may not exceed $2,500,000,000. The transfer authority 
provided in this section is in addition to any other transfer 
authority available to the Secretary of Defense. 
(b) LIMITATIONS.—The authority provided by this 
section to transfer authorizations—
514
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress; and 
(3) may not be combined with the authority 
under section 1001. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a). 
SEC. 1520. DESIGNATION OF EMERGENCY AUTHORIZA-
TIONS. 
The amounts authorized to be appropriated by this 
title are available upon the enactment of this Act and are 
designated for emergency contingency operations related 
to the global war on terrorism.
515
Subtitle B—Personnel Provisions 
SEC. 
1531. 
THREE-YEAR 
INCREASE 
IN 
ACTIVE 
ARMY 
STRENGTH LEVELS. 
(a) AUTHORIZED END STRENGTHS.—(1) The end 
strength level authorized for the Army for fiscal year 2005 
under section 401 is hereby increased by 10,000. 
(2) For fiscal years 2006 and 2007, the Army is au-
thorized strengths for active duty personnel as follows: 
(A) As of September 30, 2006, 502,400. 
(B) As of September 30, 2007, 512,400. 
(b) 
STATUTORY
MINIMUM
ACTIVE
STRENGTH 
LEVEL.—The minimum strength for the Army under sec-
tion 691(b) of title 10, United States Code (notwith-
standing the number specified in paragraph (1) of that 
section)—
(1) for the period beginning on October 1, 
2004, and ending on September 30, 2005, shall be 
the number specified in section 401(1) of this Act, 
increased by 10,000; 
(2) for the period beginning on October 1, 
2005, and ending on September 30, 2006, shall be 
502,400; and 
(3) for the period beginning on October 1, 
2006, and ending on September 30, 2007, shall be 
512,400.
516
(c) NOTICE TO CONGRESS.—If the Secretary of De-
fense, in consultation with the Secretary of the Army, de-
termines that adjustments are necessary to the minimum 
end-strength level for the Army in effect at any time pur-
suant to subsection (b), the Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and House of Representatives a report providing the 
Secretary’s recommendations and rationale for such an 
adjustment. Such a report must be submitted before the 
submission of the budget request for the fiscal year for 
which the change would be effective. 
SEC. 1532. THREE-YEAR INCREASE IN ACTIVE MARINE 
CORPS STRENGTH LEVELS. 
(a) AUTHORIZED END STRENGTHS.—(1) The end 
strength level authorized for the Marine Corps for fiscal 
year 2005 under section 401 is hereby increased by 3,000. 
(2) For fiscal years 2006 and 2007, the Marine Corps 
is authorized strengths for active duty personnel as fol-
lows: 
(A) As of September 30, 2006, 181,000. 
(B) As of September 30, 2007, 184,000. 
(b) 
STATUTORY
MINIMUM
ACTIVE
STRENGTH 
LEVEL.—The minimum strength for the Marine Corps 
under section 691(b) of title 10, United States Code (not-
517
withstanding the number specified in paragraph (3) of 
that section)—
(1) for the period beginning on October 1, 
2004, and ending on September 30, 2005, shall be 
the number specified in section 401(3) of this Act, 
increased by 3,000; 
(2) for the period beginning on October 1, 
2005, and ending on September 30, 2006, shall be 
181,000; and 
(3) for the period beginning on October 1, 
2006, and ending on September 30, 2007, shall be 
184,000. 
(c) NOTICE TO CONGRESS.—If the Secretary of De-
fense, in consultation with the Secretary of the Navy, de-
termines that adjustments are necessary to the minimum 
end-strength level for the Marine Corps in effect at any 
time pursuant to subsection (b), the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report providing 
the Secretary’s recommendations and rationale for such 
an adjustment. Such a report must be submitted before 
the submission of the budget request for the fiscal year 
for which the change would be effective.
518
SEC. 1533. EXTENSION OF INCREASED RATES FOR IMMI-
NENT DANGER PAY AND FAMILY SEPARATION 
ALLOWANCE. 
(a) IMMINENT DANGER PAY.—(1) Subsection (e) of 
section 310 of title 37, United States Code, is amended 
by striking ‘‘December 31, 2004’’ and inserting ‘‘Decem-
ber 31, 2005’’. 
(2) Effective January 1, 2006, such section is further 
amended—
(A) in subsection (a), by striking ‘‘$150’’ and 
inserting ‘‘$225’’; and 
(B) by striking subsection (e). 
(b) FAMILY SEPARATION ALLOWANCE.—(1) Sub-
section (e) of section 427 of such title is amended by strik-
ing ‘‘December 31, 2004’’ and inserting ‘‘December 31, 
2005’’. 
(2) Effective January 1, 2006, such section is further 
amended—
(A) in subsection (a)(1), by striking ‘‘$100’’ 
and inserting ‘‘$250’’; and 
(B) by striking subsection (e).
519
Subtitle C—Financial Management 
Matters 
SEC. 1541. REVISED FUNDING METHODOLOGY FOR MILI-
TARY RETIREE HEALTH CARE BENEFITS. 
(a) REVISION.—Section 1116 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 1116. Payments into the Fund 
‘‘(a) At the beginning of each fiscal year after Sep-
tember 30, 2005, the Secretary of the Treasury shall 
promptly pay into the Fund from the General Fund of 
the Treasury—
‘‘(1) the amount certified to the Secretary by 
the Secretary of Defense under subsection (c), which 
shall be the contribution to the Fund for that fiscal 
year required by section 1115; and 
‘‘(2) the amount determined by each admin-
istering Secretary under section 1111(c) as the con-
tribution to the Fund on behalf of the members of 
the uniformed services under the jurisdiction of that 
Secretary. 
‘‘(b) At the beginning of each fiscal year, the Sec-
retary of Defense shall determine the sum of the following: 
‘‘(1) The amount of the payment for that year 
under the amortization schedule determined by the 
Board of Actuaries under section 1115(a) of this
520
title for the amortization of the original unfunded li-
ability of the Fund. 
‘‘(2) The amount (including any negative 
amount) of the Department of Defense contribution 
for that year as determined by the Secretary of De-
fense under section 1115(b) of this title. 
‘‘(3) The amount (including any negative 
amount) for that year under the most recent amorti-
zation schedule determined by the Secretary of De-
fense under section 1115(c)(2) of this title for the 
amortization of any cumulative unfunded liability (or 
any gain) to the Fund resulting from changes in 
benefits. 
‘(4) The amount (including any negative 
amount) for that year under the most recent amorti-
zation schedule determined by the Secretary of De-
fense under section 1115(c)(3) of this title for the 
amortization of any cumulative actuarial gain or loss 
to the Fund resulting from actuarial assumption 
changes. 
‘‘(5) The amount (including any negative 
amount) for that year under the most recent amorti-
zation schedule determined by the Secretary of De-
fense under section 1115(c)(4) of this title for the
521
amortization of any cumulative actuarial gain or loss 
to the Fund resulting from actuarial experience. 
‘‘(c) The Secretary of Defense shall promptly certify 
the amount determined under subsection (b) each year to 
the Secretary of the Treasury.’’. 
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section 
1111(c) of title 10, United States Code, is amended in 
the last sentence by striking ‘‘1116’’ and all that follows 
through the end of the sentence and inserting ‘‘1115(b) 
of this title, and such contributions shall be paid into the 
Fund as provided in section 1116(a).’’. 
(2) Section 1115(a) of such title is amended by strik-
ing ‘‘1116(c)’’ and inserting ‘‘1116’’. 
(3) Section 1115(b) of such title is amended—
(A) by striking ‘‘(1) The Secretary of Defense’’ 
and all that follows through ‘‘of this title.’’ and in-
serting ‘‘The Secretary of Defense shall determine, 
before the beginning of each fiscal year after Sep-
tember 30, 2005, the total amount of the Depart-
ment of Defense contribution to be made to the 
Fund for that fiscal year for purposes of section 
1116(b)(2).’’; 
(B) by striking paragraph (2); 
(C) by redesignating subparagraphs (A) and 
(B) as paragraphs (1) and (2), respectively;
522
(D) in each of paragraphs (1) and (2), as so re-
designated, by redesignating clauses (i) and (ii) as 
subparagraphs (A) and (B), respectively; and 
(E) in paragraph (2)(B), as so redesignated, by 
striking ‘‘subparagraph (A)(ii)’’ and inserting ‘‘para-
graph (1)(B)’’. 
(4) Section 1115(c)(1) of such title is amended by 
striking ‘‘and section 1116(a) of this title’’. 
(5) Section 1115(c)(5) of such title is amended by 
striking ‘‘1116(c)’’ and inserting ‘‘1116’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2005.
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS 
SECTION 2001. SHORT TITLE. 
This division may be cited as the ‘‘Military Construc-
tion Authorization Act for Fiscal Year 2005’’. 
TITLE XXI—ARMY 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(1), the Secretary of the Army 
may acquire real property and carry out military construc-
523
tion projects for the installations or locations inside the 
United States, and in the amounts, set forth in the fol-
lowing table:
Army: Inside the United States 
State 
Installation or Location 
Amount 
Alabama ....................
Anniston Army Depot ................
$23,690,000
Alaska ........................
Fort Richardson .........................
$24,300,000
Fort Wainwright ........................
$92,459,000
California ..................
Fort Irwin ..................................
$38,100,000
Colorado ....................
Fort Carson ................................
$59,508,000
Georgia ......................
Fort Benning .............................
$73,627,000
Fort Gillem ................................
$5,800,000
Fort McPherson .........................
$4,900,000
Fort Stewart/Hunter Army Air 
Field .......................................
$65,495,000
Hawaii .......................
Helemano Military Reservation
$75,300,000
Hickam Air Force ......................
$11,200,000
Schofield Barracks .....................
$241,792,000
Kansas .......................
Fort Riley ...................................
$44,050,000
Kentucky ...................
Fort Campbell ............................
$89,600,000
Fort Knox ..................................
$73,850,000
Louisiana ...................
Fort Polk ....................................
$70,953,000
Maryland ...................
Fort Detrick ...............................
$4,000,000
Missouri .....................
Fort Leonard Wood ...................
$21,450,000
New Jersey ................
Picatinny Arsenal .......................
$9,900,000
New Mexico ...............
White Sands Missile Range .......
$33,000,000
New York ..................
Fort Drum .................................
$13,650,000
Fort Hamilton ............................
$7,600,000
Hancock Field ............................
$6,000,000
Military Entrance Processing 
Station, Buffalo ......................
$6,200,000
United States Military Academy, 
West Point ..............................
$60,000,000
North Carolina ..........
Fort Bragg .................................
$111,687,000
Oklahoma ..................
Fort Sill ......................................
$17,800,000
Texas .........................
Camp Bullis ...............................
$5,300,000
Fort Bliss ...................................
$19,400,000
Fort Hood ..................................
$88,888,000
Virginia .....................
Fort A.P. Hill ............................
$3,975,000
Fort Lee .....................................
$4,250,000
Fort Myer ...................................
$49,526,000
Washington ...............
Fort Lewis ..................................
$48,000,000
Total ...................................
$1,505,250,000
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
524
tions in section 2104(a)(2), the Secretary of the Army 
may acquire real property and carry out military construc-
tion projects for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table:
Army: Outside the United States 
Country 
Installation or Location 
Amount 
Germany ......................
Grafenwoehr .................................
$77,200,000
Italy .............................
Livorno .........................................
$26,000,000
Korea ...........................
Camp Humphreys ........................
$12,000,000
Total .....................................
$115,200,000
SEC. 2102. FAMILY HOUSING. 
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using 
amounts appropriated pursuant to the authorization of ap-
propriations in section 2104(a)(5)(A), the Secretary of the 
Army may construct or acquire family housing units (in-
cluding land acquisition and supporting facilities) at the 
installations or locations, for the purposes and in the 
amounts, set forth in the following table:
Army: Family Housing 
State 
Installation or Lo-
cation 
Purpose 
Amount 
Alaska .............
Fort Richardson ..........
92 Units .........
$42,000,000
Fort Wainwright .........
246 Units .......
$124,000,000
Arizona ............
Fort Huachuca ............
205 Units .......
$41,000,000
Yuma Proving Ground 
55 Units .........
$14,900,000
Kansas ............
Fort Riley ....................
126 Units .......
$33,000,000
New Mexico .....
White Sands Missile 
Range ......................
156 Units .......
$31,000,000
Oklahoma ........
Fort Sill ......................
247 Units .......
$47,000,000
Virginia ...........
Fort Lee ......................
218 Units .......
$46,000,000
Fort Monroe ................
68 Units .........
$16,000,000
525
Army: Family Housing—Continued
State 
Installation or Lo-
cation 
Purpose 
Amount 
Total ....................
.........................
$394,900,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in 
section 2104(a)(5)(A), the Secretary of the Army may 
carry out architectural and engineering services and con-
struction design activities with respect to the construction 
or improvement of family housing units in an amount not 
to exceed $29,209,000. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States 
Code, and using amounts appropriated pursuant to the 
authorization of appropriations in section 2104(a)(5)(A), 
the Secretary of the Army may improve existing military 
family housing units in an amount not to exceed 
$211,990,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2004, for military con-
struction, land acquisition and military family housing 
functions of the Department of the Army in the total 
amount of $3,428,815,000 as follows:
526
(1) For military construction projects inside the 
United States authorized by section 2101(a), 
$1,335,750,000. 
(2) For military construction projects outside 
the United States authorized by section 2101(b), 
$115,200,000. 
(3) For unspecified minor military construction 
projects authorized by section 2805 of title 10, 
United States Code, $20,000,000. 
(4) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $161,209,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, plan-
ning and design, and improvement of military 
family housing and facilities, $636,099,000. 
(B) For support of military family housing 
(including the functions described in section 
2833 of title 10, United States Code), 
$926,507,000. 
(6) For the construction of phase 2 of a bar-
racks complex, 5th & 16th Street, at Fort Stewart/
Hunter Army Air Field, Georgia, authorized by sec-
tion 2101(a) of the Military Construction Authoriza-
527
tion Act for Fiscal Year 2004 (division B of Public 
Law 108–136; 117 Stat. 1697), $32,950,000. 
(7) For the construction of phase 3 of a bar-
racks complex renewal, Capron Road, at Schofield 
Barracks, Hawaii, authorized by section 2101(a) of 
the Military Construction Authorization Act for Fis-
cal Year 2002 (division B of Public Law 107–107; 
115 Stat. 1283) and as amended by section 2105 of 
the Military Authorization Act for Fiscal Year 2004 
(division B of Public Law 108–136; 117 Stat. 
1697), $48,000,000. 
(8) For the construction of phase 2 of the 
Lewis & Clark instructional facility at Fort Leaven-
worth, Kansas, authorized by section 2101(a) of the 
Military Construction Authorization Act for Fiscal 
Year 2003 (division B of Public Law 107–314; 116 
Stat. 2681), $44,000,000. 
(9) For the construction of phase 2 of a bar-
racks complex at Wheeler Sack Army Air Field at 
Fort Drum, New York, authorized by section 
2101(a) of the Military Construction Authorization 
Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1697), $48,000,000. 
(10) For the construction of phase 2 of a bar-
racks complex, Bastogne Drive, Fort Bragg, North
528
Carolina, authorized by section 2101(a) of the Mili-
tary Construction Authorization Act for Fiscal Year 
2004 (division B of Public Law 108–136; 117 Stat. 
1697), $48,000,000. 
(11) For the construction of phase 3 of a main-
tenance complex at Fort Sill, Oklahoma, authorized 
by section 2101(a) of the Military Construction Au-
thorization Act for Fiscal Year 2003 (division B of 
Public Law 107–314; 116 Stat. 2681), $13,100,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2101 of this Act 
may not exceed the sum of the following: 
(1) The total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection 
(a). 
(2) $41,000,000 (the balance of the amount au-
thorized under section 2101(a) to upgrade Drum 
Road, Helemano Military Reservation, Hawaii). 
(3) $25,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a 
vehicle maintenance facility, Schofield Barracks, Ha-
waii).
529
(3) $25,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a 
barracks complex, Fort Campbell, Kentucky). 
(4) $22,000,000 (the balance of the amount au-
thorized under section 2101(a) for construction of 
trainee barracks, Basic Training Complex 1, Fort 
Knox, Kentucky). 
(5) $25,500,000 (the balance of the amount au-
thorized under section 2101(a) for construction of a 
library and learning facility, United States Military 
Academy, West Point, New York). 
(6) $31,000,000 (the balance of the amount au-
thorized under section 2101(a) for a barracks com-
plex renewal project, Fort Bragg, North Carolina). 
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2004 PROJECTS. 
(a) MODIFICATION OF INSIDE THE UNITED STATES 
PROJECTS.—The table in section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 2004 (di-
vision B of Public Law 108–136; 117 Stat. 1697) is 
amended—
(1) in the item relating to Fort Stewart/Hunter 
Army 
Air 
Field, 
Georgia, 
by 
striking 
‘‘$113,500,000’’ in the amount column and inserting 
‘‘$114,450,000’’;
530
(2) in the item relating to Fort Drum, New 
York, by striking ‘‘$130,700,000’’ in the amount 
column and inserting ‘‘$135,700,000’’; and 
(3) by striking the amount identified as the 
total 
in 
the 
amount 
column 
and 
inserting 
‘‘$1,043,150,000’’. 
(b) CONFORMING AMENDMENTS.—Section 2104(b) 
of that Act (117 Stat. 1700) is amended—
(1) 
in 
paragraph 
(2), 
by 
striking 
‘‘$32,000,000’’ and inserting ‘‘$32,950,000’’; and 
(2) 
in 
paragraph 
(4), 
by 
striking 
‘‘$43,000,000’’ and inserting ‘‘$48,000,000’’. 
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2003 PROJECT. 
(a) MODIFICATION OF INSIDE THE UNITED STATES 
PROJECT.—The table in section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 2003 (di-
vision B of Public Law 107–314; 116 Stat. 2681), as 
amended by section 2105(a) of the Military Construction 
Authorization Act for Fiscal Year 2004 (division B of 
Public Law 108–136; 117 Stat. 1700), is further amend-
ed—
(1) in the item relating to Fort Sill, Oklahoma, 
by striking ‘‘$39,652,000’’ in the amount column 
and inserting ‘‘$40,752,000’’; and
531
(2) by striking the amount identified as the 
total 
in 
the 
amount 
column 
and 
inserting 
‘‘$1,157,267,000’’. 
(b) CONFORMING AMENDMENT.—Section 2104(b)(6) 
of the Military Construction Authorization Act for Fiscal 
Year 2003 (division B of Public Law 107–314; 116 Stat. 
2684) is amended by striking ‘‘$25,000,000’’ and insert-
ing ‘‘$26,100,000’’.
TITLE XXII—NAVY 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(1), the Secretary of the Navy may 
acquire real property and carry out military construction 
projects for the installations or locations inside the United 
States, and in the amounts, set forth in the following 
table:
Navy: Inside the United States 
State 
Installation or Location 
Amount 
Arizona ........................
Marine Corps Air Station, Yuma
$26,670,000
California .....................
Marine Corps Air-Ground Task 
Force 
Training 
Center, 
Twentynine Palms ....................
$15,700,000
Marine Corps Air Station, Camp 
Pendleton .................................
$11,540,000
Marine Corps Base, Camp Pen-
dleton ........................................
$26,915,000
Marine Corps Logistics Base, 
Barstow ....................................
$4,930,000
Naval Air Facility, El Centro ......
$54,331,000
Naval Air Station, North Island ..
$10,180,000
532
Navy: Inside the United States—Continued
State 
Installation or Location 
Amount 
Naval Surface Warfare Center, 
Division Corona ........................
$9,850,000
Connecticut ..................
Naval Submarine Base, New Lon-
don ...........................................
$50,302,000
District of Columbia ....
Naval Observatory, Washington ..
$3,239,000
Florida .........................
Eglin Air Force Base ...................
$2,060,000
Naval Station, Mayport ...............
$6,200,000
Georgia ........................
Strategic Weapons Facility Atlan-
tic, Kings Bay ..........................
$16,000,000
Hawaii .........................
Naval Shipyard, Pearl Harbor .....
$5,100,000
Illinois ..........................
Naval Training Center, Great 
Lakes ........................................
$74,781,000
Indiana ........................
Naval Surface Warfare Center, 
Crane ........................................
$10,580,000
Louisiana .....................
Joint Reserve Base/Naval Air 
Station, New Orleans ...............
$6,030,000
Maryland .....................
Naval Surface Warfare Center, 
Indian Head .............................
$23,000,000
North Carolina ............
Marine Corps Air Station, New 
River .........................................
$35,140,000
Marine 
Corps 
Base, 
Camp 
Lejeune .....................................
$11,030,000
Nevada .........................
Naval Air Station, Fallon ............
$4,980,000
South Carolina ............
Marine Corps Air Station, Beau-
fort ...........................................
$5,480,000
Virginia ........................
Camp Elmore Marine Corps De-
tachment ..................................
$13,500,000
Marine 
Corps 
Air 
Facility, 
Quantico ...................................
$21,180,000
Marine Corps Combat Develop-
ment Command, Quantico .......
$24,140,000
Naval Air Station, Oceana ...........
$2,770,000
Naval Amphibious Base, Little 
Creek ........................................
$9,550,000
Naval Station, Norfolk .................
$4,330,000
Naval Weapons Station, York-
town ..........................................
$9,870,000
Washington ..................
Naval Air Station, Whidbey Is-
land ..........................................
$1,990,000
Naval Shipyard, Puget Sound .....
$23,455,000
Naval Station, Bremerton ............
$74,125,000
Strategic Weapons Facility Pa-
cific, Bangor .............................
$131,090,000
Total .....................................
$730,038,000
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
533
tions in section 2204(a)(2), the Secretary of the Navy may 
acquire real property and carry out military construction 
projects for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table:
Navy: Outside the United States 
Country 
Installation or Location 
Amount 
Bahamas ......................
Naval Undersea Warfare Center, 
Andros Islands .........................
$20,750,000
Diego Garcia ...............
Naval Support Facility, Diego 
Garcia .......................................
$17,500,000
Guam ...........................
Naval 
Public 
Works 
Center, 
Guam ........................................
$20,700,000
Naval Station, Guam ...................
$12,500,000
Italy .............................
Sigonella .......................................
$22,550,000
Spain ...........................
Naval Station, Rota .....................
$32,700,000
Total .....................................
$126,700,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(3), the Secretary of the Navy may 
acquire real property and carry out military construction 
projects for the installations or locations and in the 
amount, set forth in the following table:
Navy: Unspecified Worldwide 
Location 
Installation or Location 
Amount 
Unspecified Worldwide .................
$148,640,000
Total .....................................
$148,640,000
SEC. 2202. FAMILY HOUSING. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2204(a)(6)(A), the
534
Secretary of the Navy may construct or acquire family 
housing units (including land acquisition and supporting 
facilities) at the installations or locations, for the purposes 
and in the amounts, set forth in the following table:
Navy: Family Housing 
State 
Installation or Lo-
cation 
Purpose 
Amount 
North Carolina 
Marine Corps Air Sta-
tion, Cherry Point ...
198 Units .......
$27,002,000
Total ....................
.........................
$27,002,000
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States 
Code, and using amounts appropriated pursuant to the 
authorization of appropriations in section 2204(a)(6)(A), 
the Secretary of the Navy may improve existing military 
family housing units in an amount not to exceed 
$112,105,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2004, for military con-
struction, land acquisition, and military family housing 
functions of the Department of the Navy in the total 
amount of $1,913,273,000, as follows:
535
(1) For military construction projects inside the 
United States authorized by section 2201(a), 
$631,908,000.
(2) For military construction projects outside 
the United States authorized by section 2201(b), 
$126,700,000. 
(3) For the military construction projects at 
unspecified worldwide locations authorized by section 
2201(c), $98,560,000. 
(4) For unspecified minor military construction 
projects authorized by section 2805 of title 10, 
United States Code, $12,000,000. 
(5) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $93,804,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, plan-
ning and design, and improvement of military 
family housing and facilities, $139,107,000. 
(B) For support of military family housing 
(including functions described in section 2833 
of title 10, United States Code), $696,304,000. 
(7) For the construction of increment 2 of the 
tertiary sewage treatment plant at Marine Corps 
Base, Camp Pendleton, California, authorized by
536
section 2201(a) of the Military Construction Author-
ization Act for Fiscal Year 2004 (division B of Pub-
lic Law 108–136; 117 Stat. 1703), $25,690,000. 
(8) For the construction of increment 2 of the 
general purpose berthing pier at Naval Weapons 
Station, Earle, New Jersey, authorized by section 
2201(a) of the Military Construction Authorization 
Act of Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1704), $49,200,000. 
(9) For the construction of increment 2 of pier 
11 replacement at Naval Station, Norfolk, Virginia, 
authorized by section 2201(a) of the Military Con-
struction Authorization Act of Fiscal Year 2004 (di-
vision B of Public Law 108–136; 117 Stat. 1704), 
$40,000,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2201 of this Act 
may not exceed the sum of the following: 
(1) The total amount authorized to be appro-
priated under paragraphs (1), (2) and (3) of sub-
section (a).
537
(2) $21,000,000 (the balance of the amount au-
thorized under section 2201(a) for apron and hangar 
recapitalization, Naval Air Facility, El Centro, Cali-
fornia). 
(3) $40,000,000 (the balance of the amount au-
thorized under section 2201(a) for construction of 
bachelor enlisted quarters, Naval Station, Brem-
erton, Washington). 
(4) $95,320,000 (the balance of the amount au-
thorized under section 2201(a) for construction of a 
limited area processing and storage complex, Stra-
tegic Weapons Facility Pacific, Bangor, Wash-
ington). 
(5) $34,098,000 (the balance of the amount au-
thorized under section 2201(c) for construction of a 
White Side complex at an unspecified location world-
wide). 
(6) $15,982,000 (the balance of the amount au-
thorized under section 2201(c) for construction of a 
presidential helicopter programs support facility at 
an unspecified location).
538
TITLE XXIII—AIR FORCE 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(1), the Secretary of the Air Force 
may acquire real property and carry out military construc-
tion projects for the installations or locations inside the 
United States, and in the amounts, set forth in the fol-
lowing table:
Air Force: Inside the United States 
State 
Installation or Location 
Amount 
Alaska ..........................
Elmendorf Air Force Base ...........
$26,057,000
Arizona ........................
Davis-Monthan Air Force Base ...
$17,029,000
Luke Air Force Base ...................
$17,900,000
Arkansas ......................
Little Rock Air Force Base .........
$8,931,000
California .....................
Beale Air Force Base ...................
$10,186,000
Edwards Air Force Base .............
$9,965,000
Travis Air Force Base .................
$18,894,000
Colorado ......................
Buckley Air Force Base ...............
$12,247,000
Florida .........................
Tyndall Air Force Base ...............
$29,162,000
Georgia ........................
Moody Air Force Base .................
$9,600,000
Robins Air Force Base ................
$21,570,000
Hawaii .........................
Hickam Air Force Base ...............
$25,900,000
Louisiana .....................
Barksdale Air Force Base ...........
$13,800,000
Maryland .....................
Andrews Air Force Base ..............
$17,100,000
Mississippi ...................
Columbus Air Force Base ............
$7,700,000
Missouri .......................
Whiteman Air Force Base ...........
$7,600,000
New Mexico .................
Kirtland Air Force Base ..............
$9,200,000
North Carolina ............
Pope Air Force Base ....................
$15,150,000
Ohio .............................
Wright-Patterson Air Force Base 
$9,200,000
South Carolina ............
Shaw Air Force Base ...................
$7,000,000
Tennessee ....................
Arnold Air Force Base .................
$24,500,000
Texas ...........................
Dyess Air Force Base ..................
$3,300,000
Lackland Air Force Base .............
$2,596,000
Laughlin Air Force Base .............
$6,900,000
Sheppard Air Force Base ............
$50,284,000
Utah ............................
Hill Air Force Base .....................
$18,013,000
Wyoming ......................
F.E. Warren Air Force Base .......
$5,500,000
Total .....................................
$405,284,000
539
(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 
may acquire real property and carry out military construc-
tion projects for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table:
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Germany ......................
Ramstein Air Base .......................
$25,404,000
Greenland ....................
Thule Air Base .............................
$19,800,000
Guam ...........................
Andersen Air Force Base .............
$19,593,000
Italy .............................
Aviano Air Base ...........................
$6,760,000
Japan ...........................
Misawa Air Base ..........................
$6,700,000
Korea ...........................
Kunsan Air Base .........................
$37,100,000
Osan Air Base ..............................
$18,600,000
Portugal .......................
Lajes Field, Azores ......................
$5,689,000
Spain ...........................
Naval Station, Rota .....................
$14,153,000
United Kingdom ..........
Royal Air Force Lakenheath .......
$5,500,000
Total .....................................
$159,299,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(3), the Secretary of the Air Force 
may acquire real property and carry out military construc-
tion projects for the installations or locations, and in the 
amount, set forth in the following table:
Air Force: Unspecified Worldwide 
Location 
Installation or Location 
Amount 
Classified Locations .....................
$26,121,000
Unspecified Worldwide .................
$28,794,000
Total .....................................
$54,915,000
540
SEC. 2302. FAMILY HOUSING. 
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using 
amounts appropriated pursuant to the authorization of ap-
propriations in section 2304(a)(6)(A), the Secretary of the 
Air Force may construct or acquire family housing units 
(including land acquisition and supporting facilities) at the 
installations or locations, for the purposes and in the 
amounts, set forth in the following table:
Air Force: Family Housing 
State 
Installation or Lo-
cation 
Purpose 
Amount 
Arizona ............
Davis-Monthan Air 
Force Base ..............
250 Units .......
$48,500,000
California ........
Edwards Air Force 
Base ........................
218 Units .......
$41,202,000
Vandenberg Air Force 
Base ........................
120 Units .......
$30,906,000
Florida ............
MacDill Air Force 
Base ........................
61 Units .........
$21,723,000
MacDill Air Force 
Base ........................
Housing Main-
tenance Fa-
cility ............
$1,250,000
Idaho ...............
Mountain Home Air 
Force Base ..............
147 Units .......
$39,333,000
Mississippi .......
Columbus Air Force 
Base ........................
Housing Man-
agement Fa-
cility ............
$711,000
Missouri ..........
Whiteman Air Force 
Base ........................
160 Units .......
$37,087,000
Montana ..........
Malmstrom Air Force 
Base ........................
115 Units .......
$29,910,000
North Carolina 
Seymour Johnson Air 
Force Base ..............
167 Units .......
$32,693,000
North Dakota ..
Grand Forks Air Force 
Base ........................
90 Units .........
$26,169,000
Minot Air Force Base
142 Units .......
$37,087,000
South Carolina 
Charleston Air Force 
Base ........................
Fire Station ....
$1,976,000
South Dakota ..
Ellsworth Air Force 
Base ........................
75 Units .........
$21,482,000 
Texas ...............
Dyess Air Force Base
127 Units .......
$28,664,000
541
Air Force: Family Housing—Continued
State 
Installation or Lo-
cation 
Purpose 
Amount 
Goodfellow Air Force 
Base ........................
127 Units .......
$20,604,000
Germany ..........
Ramstein Air Base ......
144 Units .......
$57,691,000
Italy .................
Aviano Air Base ..........
Housing Office 
$2,542,000
Korea ..............
Osan Air Base .............
117 Units .......
$46,834,000
United King-
dom.
Royal Air Force 
Lakenheath .............
154 Units .......
$43,976,000
Total ....................
.........................
$570,340,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in 
section 2304(a)(6)(A), the Secretary of the Air Force may 
carry out architectural and engineering services and con-
struction design activities with respect to the construction 
or improvement of military family housing units in an 
amount not to exceed $38,266,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States 
Code, and using amounts appropriated pursuant to the 
authorization of appropriations in section 2304(a)(6)(A), 
the Secretary of the Air Force may improve existing mili-
tary family housing units in an amount not to exceed 
$238,353,000.
542
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 
FORCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2004, for military con-
struction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total 
amount of $2,500,249,000, as follows: 
(1) For military construction projects inside the 
United States authorized by section 2301(a), 
$405,284,000. 
(2) For military construction projects outside 
the United States authorized by section 2301(b), 
$159,299,000. 
(3) For the military construction projects at 
unspecified worldwide locations authorized by section 
2301(c), $54,915,000. 
(4) For unspecified minor military construction 
projects authorized by section 2805 of title 10, 
United States Code, $13,000,000. 
(5) For architectural and engineering services 
and construction design, under section 2807 of title 
10, United States Code, $166,126,000. 
(6) For military family housing functions:
543
(A) For construction and acquisition, plan-
ning and design and improvement of military 
family housing and facilities, $846,959,000. 
(B) For support of military family housing 
(including functions described in section 2833 
of title 10, United States Code), $854,666,000. 
(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), (2), and (3) of subsection 
(a).
TITLE XXIV—DEFENSE 
AGENCIES 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(1), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations or locations inside the United 
States, and in the amounts, set forth in the following 
table:
544
Defense Agencies: Inside the United States 
Agency 
Installation or Location 
Amount 
Defense Intelligence 
Agency .....................
Bolling Air Force Base, District 
of Columbia ..............................
$6,000,000
Defense Logistics 
Agency .....................
Defense Distribution Depot, New 
Cumberland, Pennsylvania .......
$22,300,000
Defense Distribution Depot, Rich-
mond, Virginia .........................
$10,100,000
Defense 
Fuel 
Support 
Point, 
Naval Air Station, Oceana, Vir-
ginia .........................................
$3,589,000
Defense Supply Center, Colum-
bus, Ohio ..................................
$5,500,000
Marina Corps Air Station, Cherry 
Point, North Carolina ..............
$22,700,000
Naval Air Station, Kingsville, 
Texas ........................................
$3,900,000
Naval Station, Pearl Harbor, Ha-
waii ...........................................
$3,500,000
Tinker Air Force Base, Oklahoma 
$5,400,000
Travis Air Force Base, California 
$15,100,000
Missile Defense Agency 
Huntsville, Alabama .....................
$19,560,000
National Security 
Agency .....................
Fort Meade, Maryland .................
$15,007,000
Special Operations 
Command ................
Corona, California ........................
$13,600,000
Fleet Combat Training Center, 
Dam Neck, Virginia .................
$5,700,000
Fort A.P. Hill, Virginia ...............
$1,500,000
Fort Bragg, North Carolina ........
$42,888,000
Fort Stewart/Hunter Army Air 
Field, Georgia ..........................
$17,600,000
Hurlburt Field, Florida ...............
$2,500,000
Naval Amphibious Base, Little 
Creek, Virginia .........................
$33,200,000
Naval Air Station, North Island, 
California .................................
$1,000,000
TRICARE Manage-
ment Activity ...........
Buckley Air Force Base, Colorado 
$2,100,000
Defense Language Institute, Pre-
sidio, Monterey .........................
$6,700,000
Fort Belvoir, Virginia ..................
$100,000,000
Fort Benning, Georgia .................
$7,100,000
Langley Air Force Base, Virginia 
$50,800,000
Marine Corps Recruit Depot, 
Parris Island, South Carolina ..
$25,000,000
Naval Air Station, Jacksonville, 
Florida ......................................
$28,438,000
Total .....................................
$470,782,000
545
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(2), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table:
Defense Agencies: Outside the United States 
Agency 
Installation or Location 
Amount 
Defense Education Ac-
tivity ........................
Grafenwoehr, Germany ................
$36,247,000
Naval Station, Guam ...................
$26,964,000
Vilseck, Germany .........................
$9,011,000
Defense Logistics 
Agency .....................
Defense 
Fuel 
Support 
Point, 
Lajes Field, Portugal ...............
$19,113,000
Misawa Air Base, Japan ..............
$19,900,000
Special Operations 
Command ................
Naval Station, Guam, Marianas 
Islands ......................................
$2,200,000
Royal 
Air 
Force 
Mildenhall, 
United Kingdom .......................
$10,200,000
TRICARE Manage-
ment Activity ...........
Diego Garcia ................................
$3,800,000
Grafenwoehr, Germany ................
$13,000,000
Total .....................................
$140,435,000
(c) UNSPECIFIED WORLDWIDE.—Using the amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2404(a)(3), the Secretary of Defense may 
acquire real property and carry out military construction 
projects for the installations or locations, and in the 
amount, set forth in the following table:
546
Defense Agencies: Unspecified Worldwide 
Location 
Installation or Location 
Amount 
Special Operations 
Command ................
Classified Locations .....................
$7,400,000
Unspecified Worldwide .................
$2,900,000
Total .....................................
$10,300,000
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS. 
Subject to section 2825 of title 10, United States 
Code, and using amounts appropriated pursuant to the 
authorization of appropriations in section 2404(a)(9)(A), 
the Secretary of Defense may improve existing military 
family housing units in an amount not to exceed $49,000. 
SEC. 2403. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2404(a)(7), the Sec-
retary of Defense may carry out energy conservation 
projects under section 2865 of title 10, United States 
Code, in the amount of $50,000,000. 
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE-
FENSE AGENCIES. 
(a) MODIFICATION OF INSIDE THE UNITED STATES 
PROJECTS.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 
2004, for military construction, land acquisition, and mili-
tary family housing functions of the Department of De-
547
fense (other than the military departments) in the total 
amount of $1,089,063,000, as follows: 
(1) For military construction projects inside the 
United States authorized by section 2401(a), 
$413,782,000. 
(2) For military construction projects outside 
the United States authorized by section 2401(b), 
$140,435,000. 
(3) For the military construction projects at 
unspecified worldwide locations authorized by section 
2401(c), $10,300,000. 
(4) For unspecified minor military construction 
projects under section 2805 of title 10, United 
States Code, $20,938,000. 
(5) For contingency construction projects of the 
Secretary of Defense under section 2804 of title 10, 
United States Code, $10,000,000. 
(6) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $63,482,000. 
(7) For Energy Conservation projects author-
ized by section 2404 of this Act, $50,000,000. 
(8) For base closure and realignment activities 
as authorized by the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
548
Public Law 101–510; 10 U.S.C. 2687 note), 
$246,116,000. 
(9) For military family housing functions: 
(A) For improvement of military family 
housing and facilities, $49,000. 
(B) For support of military family housing 
(including functions described in section 2833 
of title 10, United States Code), $49,575,000. 
(C) For credit to the Department of De-
fense Family Housing Improvement Fund es-
tablished by section 2883(a)(1) of title 10, 
United States Code, $2,500,000. 
(10) For the construction of phase 6 of an am-
munition demilitarization facility at Pueblo Depot 
Activity, Colorado, authorized by section 2401(a) of 
the Military Construction Authorization Act for Fis-
cal 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), and section 2407 of the Military Con-
struction Authorization Act for Fiscal Year 2003 
(division B of Public Law 107–314; 116 Stat. 
2698), $44,792,000.
549
(11) For the construction of phase 5 of an am-
munition demilitarization facility at Blue Grass 
Army Depot, Kentucky, authorized by section 
2401(a) of the Military Construction Authorization 
Act for Fiscal Year 2000 (division B of Public Law 
106–65; 113 Stat. 835), as amended by section 
2405 of the Military Construction Authorization Act 
of 2002 (division B of Public Law 107–107; 115 
Stat. 1298), and section 2405 of the Military Con-
struction Authorization Act for Fiscal Year 2003 
(division B of Public Law 107–314; 116 Stat. 
2698), $37,094,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2401 of this Act 
may not exceed the sum of the following: 
(1) The total amount authorized to be appro-
priated under paragraphs (1), (2) and (3) of sub-
section (a). 
(2) $57,000,000 (the balance of the amount au-
thorized under section 2401(a) for hospital replace-
ment, Fort Belvoir, Virginia).
550
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 con-
struction previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for con-
tributions 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 
Organization Security Investment Program authorized by 
section 2501, in the amount of $165,800,000.
551
TITLE XXVI—GUARD AND 
RESERVE FORCES FACILITIES 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for the 
costs of acquisition, architectural and engineering services, 
and construction of facilities for the Guard and Reserve 
Forces, and for contributions therefor, under chapter 
1803 of title 10, United States Code (including the cost 
of acquisition of land for those facilities), the following 
amounts: 
(1) For the Department of the Army—
(A) for the Army National Guard of the 
United States, $393,225,000; and 
(B) for the Army Reserve, $116,955,000. 
(2) For the Department of the Navy, for the 
Naval and Marine Corps Reserve, $30,955,000. 
(3) For the Department of the Air Force—
(A) for the Air National Guard of the 
United States, $184,620,000; and 
(B) 
for 
the 
Air 
Force 
Reserve, 
$107,520,000.
552
TITLE XXVII—EXPIRATION AND 
EXTENSION OF AUTHORIZA-
TIONS 
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS REQUIRED TO BE SPECIFIED BY 
LAW. 
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE 
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVI for military 
construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment Program 
(and authorizations of appropriations therefor) shall ex-
pire on the later of—
(1) October 1, 2007; or 
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year 
2008. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
authorizations for military construction projects, land ac-
quisition, family housing projects and facilities, and con-
tributions to the North Atlantic Treaty Organization Se-
curity Investment program (and authorizations of appro-
priations therefor), for which appropriated funds have 
been obligated before the later of—
553
(1) October 1, 2007; or 
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2008 for military con-
struction 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 2002 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of 
the Military Construction Authorization Act for Fiscal 
Year 2002 (division B of Public Law 107–107; 115 Stat. 
1301), authorizations set forth in the tables in subsection 
(b), as provided in section 2101 or 2302 of that Act, shall 
remain in effect until October 1, 2005, or the date of the 
enactment of an Act authorizing funds for military con-
struction for fiscal year 2006, whichever is later. 
(b) TABLES.—The tables referred to in subsection (a) 
are as follows:
Army: Extension of 2002 Project Authorizations 
State 
Installation or 
Location 
Project 
Amount 
Alaska ..................
Fort Wainwright
Power plant cool-
ing tower .........
$23,000,000
Hawaii .................
Pohakuloa Train-
ing Area ..........
Parker Ranch 
land acquisition 
$1,500,000
554
Air Force: Extension of 2002 Project Authorizations 
State 
Installation or 
Location 
Project 
Amount 
Colorado ..............
Buckley Air Force 
Base ................
Family housing 
(55 Units) .......
$11,400,000
Louisiana .............
Barksdale Air 
Force Base ......
Family housing 
(56 Units) .......
$7,300,000
SEC. 2703. EXTENSION AND RENEWAL OF AUTHORIZATIONS 
OF CERTAIN FISCAL YEAR 2001 PROJECTS. 
(a) EXTENSION
AND RENEWAL.—Notwithstanding 
section 2701 of the Military Construction Authorization 
Act for Fiscal Year 2001 (division B of the Floyd D. 
Spence National Defense Authorization Act for Fiscal 
Year 2001 (as enacted into law by Public Law 106–398; 
114 Stat. 1654A–407)), authorizations set forth in the ta-
bles in subsection (b), as provided in section 2102 or 2401 
of that Act and, in the case of the authorization set forth 
in the first table in subsection (b), extended by section 
2702 of the Military Construction Authorization Act for 
Fiscal Year 2004 (division B of Public Law 108–136; 117 
Stat. 1716), shall remain in effect until October 1, 2005, 
or the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2006, whichever 
is later. 
(b) TABLES.—The tables referred to in subsection (a) 
are as follows:
555
Army: Extension of 2001 Project Authorization 
State 
Installation or 
Location 
Project 
Amount 
South Carolina ....
Fort Jackson ......
Family housing (1 
unit) ................
$250,000
Defense Agencies: Extension of 2001 Project 
Authorizations 
Agency 
Installation or 
Location 
Project 
Amount 
Defense Finance 
and Accounting 
Service .............
Kleber Kaserne, 
Germany .........
Building renova-
tion ..................
$7,400,000
Defense Education 
Activity ............
Osan Air Base, 
Korea ..............
Osan Elementary 
School addition 
$843,000
SEC. 2704. EFFECTIVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI 
of this Act shall take effect on the later of—
(1) October 1, 2004; or 
(2) the date of the enactment of this Act.
556
TITLE XXVIII—GENERAL 
PROVISIONS
Subtitle A—Military Construction 
Program and Military Family 
Housing Changes 
SECTION 2801. INCREASE IN CERTAIN THRESHOLDS FOR 
CARRYING OUT UNSPECIFIED MINOR MILI-
TARY CONSTRUCTION PROJECTS. 
(a) ADVANCE APPROVAL AND CONGRESSIONAL NOTI-
FICATION
THRESHOLD.—Subsection (b)(1) of section 
2805 of title 10, United States Code, is amended by strik-
ing ‘‘$750,000’’ and inserting ‘‘$1,000,000’’. 
(b) USE OF OPERATION AND MAINTENANCE FUNDS 
THRESHOLD.—Subsection (c) of such section is amend-
ed—
(1) by striking paragraph (1) and inserting the 
following new paragraph: 
‘‘(1) Except as provided in paragraphs (2) and (3), 
the Secretary concerned may spend from appropriations 
available for operation and maintenance amounts nec-
essary to carry out an unspecified minor military construc-
tion project costing not more than $1,500,000.’’; and 
(2) in paragraph (3), by striking ‘‘limitations’’ 
and inserting ‘‘limitation’’.
557
SEC. 2802. ASSESSMENT OF VULNERABILITY OF MILITARY 
INSTALLATIONS TO TERRORIST ATTACK AND 
ANNUAL REPORT ON MILITARY CONSTRUC-
TION 
REQUIREMENTS 
RELATED 
TO 
ANTITERRORISM AND FORCE PROTECTION. 
(a) ANNUAL ASSESSMENT
AND REPORT.—Section 
2808 of title 10, United States Code, is amended by add-
ing at the end the following new subsection: 
‘‘(d) ANTITERRORISM AND FORCE PROTECTION AS-
SESSMENTS
AND MILITARY CONSTRUCTION REQUIRE-
MENTS.—(1) The Secretary of Defense shall develop com-
mon guidance and criteria to be used by the Secretary con-
cerned— 
‘‘(A) to assess the vulnerability of military in-
stallations located inside and outside of the United 
States to terrorist attack; 
‘‘(B) to develop construction standards designed 
to reduce the vulnerability of structures to terrorist 
attack and improve the security of the occupants of 
such structures; 
‘‘(C) to prepare and carry out military con-
struction projects, such as gate and fenceline con-
struction, to improve the physical security of mili-
tary installations; and
558
‘‘(D) to assist in prioritizing such projects with-
in the military construction budget of each of the 
armed forces. 
‘‘(2) The Secretary of Defense shall require vulner-
ability assessments of military installations to be con-
ducted, at regular intervals, using the criteria developed 
under paragraph (1). 
‘‘(3) As part of the budget materials submitted to 
Congress in connection with the submission of the budget 
for a fiscal year pursuant to section 1105 of title 31, but 
in no case later than March 15 of each year, the Secretary 
of Defense shall submit a report describing—
‘‘(A) the location and results of the vulner-
ability assessments conducted during the preceding 
fiscal year; 
‘‘(B) the military construction requirements an-
ticipated to be necessary during the next three fiscal 
years to improve the physical security of military in-
stallations; and 
‘‘(C) the extent to which funds are not re-
quested in the Department of Defense budget for 
the next fiscal year to meet those requirements. 
‘‘(4) In the case of the report required under para-
graph (3) to be submitted in 2006, the Secretary of De-
fense shall include a certification by the Secretary that
559
since September 11, 2001, vulnerability assessments have 
been undertaken at all major military installations. The 
Secretary shall indicate the basis by which the Secretary 
differentiated between major and nonmajor military in-
stallations for purposes of making the certification.’’. 
(b) STYLISTIC AND CLERICAL AMENDMENTS.—(1) 
The heading of such section is amended to read as follows: 
‘‘§ 2808. Construction authority related to declaration 
of war or national emergency; construc-
tion 
requirements 
related 
to 
antiterrorism and force protection’’. 
(2) Such section is further amended—
(A) in subsection (a), by inserting ‘‘CONSTRUC-
TION AUTHORITY; LIMITATION.—’’ after ‘‘(a)’’; 
(B) in subsection (b), by inserting ‘‘CONGRES-
SIONAL NOTIFICATION.—’’ after ‘‘(b)’’; and 
(C) in subsection (c), by inserting ‘‘TERMI-
NATION.—’’ after ‘‘(c)’’. 
(3) The table of sections at the beginning of chapter 
169 of such title is amended by striking the item relating 
to section 2808 and inserting the following new item:
‘‘2808. Construction authority related to declaration of war or national emer-
gency; construction requirements related to antiterrorism and 
force protection.’’.
560
SEC. 2803. CHANGE IN THRESHOLD FOR CONGRESSIONAL 
NOTIFICATION REGARDING USE OF OPER-
ATION AND MAINTENANCE FUNDS FOR FA-
CILITY REPAIR. 
Section 2811(d) of title 10, United States Code, is 
amended by striking ‘‘$10,000,000’’ and inserting 
‘‘$7,500,000’’. 
SEC. 2804. REPORTING REQUIREMENTS REGARDING MILI-
TARY FAMILY HOUSING REQUIREMENTS FOR 
GENERAL OFFICERS AND FLAG OFFICERS. 
(a) ANNUAL REPORT ON COST OF GENERAL AND 
FLAG OFFICERS QUARTERS.—Section 2831 of title 10, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(e) ANNUAL REPORT OF COST OF GENERAL OFFI-
CERS AND FLAG OFFICERS QUARTERS.—As part of the 
budget materials submitted to Congress in connection with 
the submission of the budget for a fiscal year pursuant 
to section 1105 of title 31, but in no case later than March 
30 of each year, the Secretary of Defense shall submit 
a report—
‘‘(1) identifying family housing units used, or 
intended for use, as quarters for general officers or 
flag officers for which the total operation and main-
tenance costs, utility costs, and repair costs are an-
561
ticipated to exceed $20,000 in the next fiscal year; 
and 
‘‘(2) specifying the total of such costs for each 
unit of family housing identified under paragraph 
(1).’’. 
(b) REPORT ON NEED FOR SUCH QUARTERS IN NA-
TIONAL CAPITAL REGION.—The Secretary of Defense 
shall prepare a report analyzing anticipated needs in the 
National Capital Region for family housing units for gen-
eral officers and flag officers. In conducting the analysis, 
the Secretary shall consider the extent of available housing 
in the National Capital Region and the necessity of pro-
viding housing for general officers and flag officers in se-
cure locations. 
(c) REPORT ON WORLD-WIDE INVENTORY OF SUCH 
QUARTERS.—The Secretary of Defense shall prepare a re-
port containing a worldwide inventory of family housing 
units for general officers and flag officers and identifying 
annual expenditures for each such unit for operation and 
maintenance, utilities, and repair for each for the fiscal 
years 2000 through 2004. 
(d) SUBMISSION OF REPORTS.—The reports required 
by subsections (b) and (c) shall be submitted to the con-
gressional defense committees not later than March 30, 
2005.
562
(e) DEFINITIONS.—In this section: 
(1) The terms ‘‘general officer’’ and ‘‘flag offi-
cer’’ have the meanings given such terms in section 
101(b) of title 10, United States Code. 
(2) The term ‘‘National Capital Region’’ has 
the meaning given such term in section 2674(f) of 
such title. 
SEC. 2805. CONGRESSIONAL NOTIFICATION OF DEVIATIONS 
FROM AUTHORIZED COST VARIATIONS FOR 
MILITARY CONSTRUCTION PROJECTS AND 
MILITARY FAMILY HOUSING PROJECTS. 
Section 2853(c)(3) of title 10, United States Code, 
is amended by inserting before the period at the end the 
following: ‘‘or, if over sooner, a period of 14 days has 
elapsed after the date on which a copy of the notification 
is provided in an electronic medium pursuant to section 
480 of this title’’. 
SEC. 2806. REPEAL OF LIMITATION ON USE OF ALTER-
NATIVE AUTHORITY FOR ACQUISITION AND 
IMPROVEMENT OF MILITARY FAMILY HOUS-
ING. 
Effective October 1, 2005, subsection (g) of section 
2883 of title 10, United States Code, is amended to read 
as follows:
563
‘‘(g) LIMITATION ON USE OF AUTHORITY TO AC-
QUIRE
OR
CONSTRUCT
MILITARY
UNACCOMPANIED 
HOUSING.—The total value in budget authority of all con-
tracts and investments undertaken using the authorities 
provided in this subchapter for the acquisition or construc-
tion of military unaccompanied housing shall not exceed 
$150,000,000.’’. 
SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DE-
SIGN EFFORTS FOR MILITARY CONSTRUC-
TION PROJECTS CARRIED OUT USING DE-
SIGN-BUILD SELECTION PROCEDURES. 
Section 2305a of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(f) SPECIAL AUTHORITY FOR MILITARY CONSTRUC-
TION PROJECTS.—(1) The Secretary of a military depart-
ment, and the Secretary of Defense with respect to mat-
ters concerning the Defense Agencies, may use funds 
available to the Secretary under section 2807(a) or 
18233(e) of this title to accelerate the design effort in con-
nection with a military construction project for which the 
two-phase selection procedures described in subsection (c) 
are used to select the contractor for both the design and 
construction portion of the project before the project is 
specifically authorized by law and before funds are appro-
564
priated for the construction portion of the project. Not-
withstanding the limitations contained in such sections, 
use of such funds for the design portion of a military con-
struction project may continue despite the subsequent au-
thorization of the project. The advance notice requirement 
of section 2807(b) of this title shall continue to apply 
whenever the estimated cost of the design portion of the 
project exceeds the amount specified in such section. 
‘‘(2) Any military construction contract that provides 
for an accelerated design effort, as authorized by para-
graph (1), shall include as a condition of the contract that 
the liability of the United States in a termination for con-
venience may not exceed costs above the costs attributable 
to the final design of the project. 
‘‘(3) Not more than 36 military construction projects 
containing the accelerated design effort authorized by 
paragraph (1) may be carried out. 
‘‘(4) Not later than March 1, 2007, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a report evaluating the usefulness of the authority 
provided by this subsection in expediting the design and 
construction of military construction projects. The author-
ity provided by this subsection expires September 30, 
2008, except that, if the report required by this paragraph
565
is not submitted by March 1, 2007, the authority shall 
expire on that date.’’. 
SEC. 2808. EXCHANGE OR SALE OF RESERVE COMPONENT 
FACILITIES TO ACQUIRE REPLACEMENT FA-
CILITIES. 
Section 18233 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g)(1) The Secretary of Defense may convey, by ex-
change or sale, an existing facility of a reserve component 
of the armed forces for the purpose of acquiring a replace-
ment facility under this section or using the proceeds from 
the sale to acquire a replacement facility under this sec-
tion, if the Secretary determines it is in the best interests 
of the United States to acquire the replacement facility 
by such exchange or sale. The United States shall receive 
funds or a replacement facility, or a combination of both, 
having a total value at least equal to the fair market value 
of the conveyed facility. 
‘‘(2) Acquisition of a replacement facility under this 
subsection may be accomplished by construction, expan-
sion, rehabilitation, or conversion and must result in a 
fully equipped and operational replacement facility. Noth-
ing in this subsection prohibits the Secretary of Defense 
from contributing additional funds, in accordance with
566
this section, to obtain a fully equipped and operational re-
placement facility. 
‘‘(3) Funds received under this subsection shall be 
deposited in a separate account and remain available to 
the Secretary of Defense, without appropriation, for use 
in accordance with this subsection. Any funds received 
under this subsection in connection with a conveyance in 
excess of the funds required to obtain a fully equipped and 
operational replacement facility for the conveyed facility 
may be used by the Secretary for the purposes of sub-
section (a).’’. 
SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED 
AUTHORITY TO USE OPERATION AND MAIN-
TENANCE 
FUNDS 
FOR 
CONSTRUCTION 
PROJECTS OUTSIDE THE UNITED STATES. 
Section 2808 of the Military Construction Authoriza-
tion Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1723) is amended—
(1) in subsections (a) and (d), by striking ‘‘fis-
cal year 2004’’ both places it appears and inserting 
‘‘fiscal years 2004 and 2005’’; and 
(2) in subsection (c)(1), by striking ‘‘in fiscal 
year 2004’’ and inserting ‘‘in a fiscal year’’.
567
SEC. 2810. CONSIDERATION OF COMBINATION OF MILITARY 
MEDICAL 
TREATMENT 
FACILITIES 
AND 
HEALTH CARE FACILITIES OF DEPARTMENT 
OF VETERANS AFFAIRS. 
(a) DEPARTMENT OF DEFENSE CONSIDERATION OF 
JOINT CONSTRUCTION.—(1) Subchapter I of chapter 169 
of title 10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 2816. Consideration of joint construction and use 
of military medical treatment facilities 
and health care facilities of the Depart-
ment of Veterans Affairs 
‘‘In the case of the budget submitted under section 
1105 of title 31 for any fiscal year, the Secretary of De-
fense shall include in the budget justification materials 
submitted to Congress in support of the budget a certifi-
cation that, in evaluating for inclusion in the budget for 
that fiscal year any military construction project for con-
struction in the United States (or a territory or possession 
of the United States) of a new military medical treatment 
facility, the Secretary, after consulting with the Secretary 
of Veterans Affairs, evaluated the feasibility of carrying 
out the project so as to establish with the Department of 
Veterans Affairs a joint medical facility that—
568
‘‘(1) could serve as a facility for health re-
sources sharing between the Department of Defense 
and the Department of Veterans Affairs; and 
‘‘(2) would be no more costly to each Depart-
ment to construct and operate than separate facili-
ties for each Department.’’. 
(2) The table of sections at the beginning of such sub-
chapter is amended by adding at the end the following 
new item:
‘‘2816. Consideration of joint construction and use of military medical treatment 
facilities and health care facilities of the Department of Vet-
erans Affairs.’’.
(b) DEPARTMENT OF VETERANS AFFAIRS CONSID-
ERATION OF JOINT CONSTRUCTION.—Section 8104(b) of 
title 38, United States Code, is amended by adding at the 
end the following new paragraph: 
‘‘(9) In the case of a prospectus proposing the 
construction of a new or replacement medical facil-
ity, the Secretary’s certification that the Secretary, 
after consulting with the Secretary of Defense, eval-
uated the feasibility of carrying out the project so as 
to establish with the Department of Defense a joint 
medical facility that—
‘‘(A) could serve as a facility for health re-
sources sharing between the Department of De-
fense and the Department of Veterans Affairs; 
and
569
‘‘(B) would be no more costly to each De-
partment to construct and operate than sepa-
rate facilities for each Department.’’. 
Subtitle B—Real Property and 
Facilities Administration 
SEC. 2811. INCREASE IN CERTAIN THRESHOLDS FOR RE-
PORTING REAL PROPERTY TRANSACTIONS. 
(a) GENERAL NOTICE
AND WAIT THRESHOLD.—
Subsection (a) of section 2662 of title 10, United States 
Code, is amended by striking ‘‘$750,000’’ each place it 
appears and inserting ‘‘$1,500,000’’. 
(b) ANNUAL REPORT
ON MINOR TRANSACTIONS 
THRESHOLD.—Subsection (b) of such section is amended 
by striking ‘‘subsection (a) that involve an estimated value 
of more than $250,000, but not more than $750,000’’ and 
inserting ‘‘such subsection that involve an estimated value 
of more than $500,000, but not more than the amount 
specified in such subsection’’. 
(c) NOTICE AND WAIT THRESHOLD FOR CERTAIN 
GSA LEASES.—Subsection (e) of such section is amended 
by striking ‘‘$750,000’’ and inserting ‘‘$1,500,000’’. 
(d) THRESHOLD FOR ACQUISITION OF LOW-COST IN-
TERESTS IN LAND.—Subsection (a) of section 2672 of 
such title is amended to read as follows:
570
‘‘(a) ACQUISITION AUTHORITY.—The Secretary of a 
military department may acquire any interest in land 
that—
‘‘(1) the Secretary determines is needed in the 
interest of national defense; and 
‘‘(2) does not cost more than $1,500,000, exclu-
sive of administrative costs and the amounts of any 
deficiency judgments.’’. 
(e) TREATMENT MULTIPLE PARCELS UNDER LOW-
COST ACQUISITION AUTHORITY.—Subsection (b) of such 
section is amended to read as follows: 
‘‘(b) TREATMENT
OF MULTIPLE PARCELS.—This 
section does not authorize the acquisition, as a part of the 
same project, of more than one parcel of land unless—
‘‘(1) the parcels are noncontiguous; or 
‘‘(2) if contiguous, the total cost for the acquisi-
tion of all of the contiguous parcels does not cost 
more than the amount specified in subsection 
(a)(2).’’. 
SEC. 2812. REORGANIZATION OF EXISTING ADMINISTRA-
TIVE PROVISIONS RELATING TO REAL PROP-
ERTY TRANSACTIONS. 
(a) LIMITATION ON COMMISSIONS.—(1) Section 2661 
of title 10, United States Code, is amended by adding at 
the end the following new subsection:
571
‘‘(c) COMMISSIONS
ON
LAND
PURCHASE
CON-
TRACTS.—The maximum amount payable as a commission 
on a contract for the purchase of land from funds appro-
priated for the Department of Defense is two percent of 
the purchase price.’’. 
(2) Section 2666 of such title is repealed. 
(b) REPEAL OF OBSOLETE AUTHORITY TO ACQUIRE 
LAND FOR TIMBER PRODUCTION.—Section 2664 of such 
title is repealed. 
(c) AVAILABILITY OF FUNDS FOR ACQUISITION OF 
CERTAIN INTERESTS IN REAL PROPERTY.—(1) Section 
2672 of such title is amended by adding at the end the 
following new subsection: 
‘‘(d) AVAILABILITY
OF
FUNDS.—Appropriations 
available to the Department of Defense for operation and 
maintenance or construction may be used for the acquisi-
tion of land or interests in land under this section.’’. 
(2) Section 2673 of such title is repealed. 
(3) Section 2675 of such title is amended—
(A) by inserting before ‘‘The Secretary’’ the fol-
lowing ‘‘(a) LEASE AUTHORITY; DURATION.—’’; and 
(B) by adding at the end the following new sub-
section: 
‘‘(b) AVAILABILITY
OF
FUNDS.—Appropriations 
available to the Department of Defense for operation and
572
maintenance or construction may be used for the acquisi-
tion of interests in land under this section.’’. 
(d) STYLISTIC AND CLERICAL AMENDMENTS.—(1) 
Section 2661 of such title is further amended—
(A) in subsection (a), by inserting ‘‘AVAIL-
ABILITY
OF
OPERATION
AND
MAINTENANCE 
FUNDS.—’’ after ‘‘(a)’’ ; and 
(B) in subsection (b), by inserting ‘‘LEASING 
AND ROAD MAINTENANCE AUTHORITY.—’’ after 
‘‘(b)’’. 
(2) The table of sections at the beginning of chapter 
159 of such title is amended by striking the items relating 
to sections 2664, 2666, and 2673. 
SEC. 2813. TREATMENT OF MONEY RENTALS FROM GOLF 
COURSE AT ROCK ISLAND ARSENAL, ILLI-
NOIS. 
(a) 
SUPPORT
OF
MWR 
ACTIVITIES.—Section 
2667(d) of title 10, United States Code, is amended—
(1) in paragraph (1)(B)—
(A) by redesignating clause (ii) as clause 
(iii); and 
(B) by inserting after clause (i) the fol-
lowing new clause:
573
‘‘(ii) Money rentals deposited in a non-
appropriated morale, welfare, and recreation account 
under paragraph (3).’’; and 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) The Secretary of the Army may deposit up to 
50 percent of the money rentals received by the United 
States from a lease involving the golf course at Rock Is-
land Arsenal, Illinois, in the nonappropriated morale, wel-
fare, and recreation account for that installation, to be 
used for quality-of-life programs at that installation.’’. 
(b) EFFECTIVE DATE.—Paragraph (3) of section 
2667(d) of title 10, United States Code, as added by sub-
section (a), shall apply to money rentals referred to in 
such paragraph received by the United States after Sep-
tember 30, 2004. 
SEC. 2814. NUMBER OF CONTRACTS AUTHORIZED DEPART-
MENT-WIDE UNDER DEMONSTRATION PRO-
GRAM ON REDUCTION IN LONG-TERM FACIL-
ITY MAINTENANCE COSTS. 
Section 2814 of the National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 
2809 note) is amended—
574
(1) in subsection (a), by striking ‘‘or the Sec-
retary of a military department’’ and inserting ‘‘and 
the Secretaries of the military departments’’; 
(2) in subsection (b)(1), by striking ‘‘12 con-
tracts per military department’’ and inserting ‘‘36 
contracts’’; and 
(3) in subsection (b)(2), by striking ‘‘the date 
of the enactment of the Bob Stump National De-
fense Authorization Act for Fiscal Year 2003’’ and 
inserting ‘‘December 2, 2002’’. 
SEC. 2815. REPEAL OF COMMISSION ON REVIEW OF OVER-
SEAS MILITARY FACILITY STRUCTURE OF 
THE UNITED STATES. 
Section 128 of the Military Construction Appropria-
tions Act, 2004 (Public Law 108–132; 117 Stat. 1382; 
10 U.S.C. 111 note), is repealed. 
SEC. 2816. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL 
AT LUKE AIR FORCE BASE, ARIZONA, IN 
HONOR OF JOHN J. RHODES, A FORMER MI-
NORITY LEADER OF THE HOUSE OF REP-
RESENTATIVES. 
The Airmen Leadership School at Luke Air Force 
Base, Arizona, building 156, shall be known and des-
ignated as the ‘‘John J. Rhodes Airmen Leadership 
School’’. Any reference to such facility in any law, regula-
575
tion, map, document, record, or other paper of the United 
States shall be considered to be a reference to the John 
J. Rhodes Airmen Leadership School. 
SEC. 2817. ELIMINATION OF REVERSIONARY INTERESTS 
CLOUDING UNITED STATES TITLE TO PROP-
ERTY USED AS NAVY HOMEPORTS. 
(a) AUTHORITY TO ACQUIRE COMPLETE TITLE.—If 
real property owned by the United States and used as a 
Navy homeport is subject to a reversionary interest of any 
kind, the Secretary of the Navy may enter into an agree-
ment with the holder of the reversionary interest to ac-
quire the reversionary interest and thereby secure for the 
United States all right, title, and interest in and to the 
property. 
(b) CONSIDERATION.—(1) As consideration for the 
acquisition of a reversionary interest under subsection (a), 
the Secretary shall provide the holder of the reversionary 
interest with in-kind consideration, to be determined pur-
suant to negotiations between the Secretary and the holder 
of the reversionary interest. In determining the type and 
value of any in-kind consideration to be provided for the 
acquisition of a reversionary interest under subsection (a), 
the Secretary shall take into account the nature of the 
reversionary interest, including whether it would require 
the holder of the reversionary interest to pay for any im-
576
provements acquired by the holder as part of the reversion 
of the real property, and the long-term use and ultimate 
disposition of the real property if the United States were 
to acquire all right, title, and interest in and to the real 
property subject to the reversionary interest. 
(2) Cash payments are not authorized as consider-
ation for the acquisition of reversionary interests under 
subsection (a).
SEC. 2818. REPORT ON FEASIBILITY OF VETERANS MEMO-
RIAL AT MARINE CORPS AIR STATION, EL 
TORO, CALIFORNIA. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of the Navy shall submit 
to Congress a report on whether the City of Irvine’s antici-
pated future uses of the former MCAS El Toro property 
would permit the establishment and maintenance of a vet-
erans memorial at no cost to the Federal Government.
577
Subtitle C—Base Closure and 
Realignment
SEC. 2821. TWO-YEAR POSTPONEMENT OF 2005 BASE CLO-
SURE AND REALIGNMENT ROUND AND SUB-
MISSION OF REPORTS REGARDING FUTURE 
INFRASTRUCTURE REQUIREMENTS FOR THE 
ARMED FORCES. 
(a) TWO-YEAR POSTPONEMENT IN SUBMITTAL OF 
BASE
CLOSURE
AND
REALIGNMENT
RECOMMENDA-
TIONS.—Section 2914 of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public 
Law 101–510; 10 U.S.C. 2687 note), as added by section 
3003 of the National Defense Authorization Act for Fiscal 
Year 2002 (Public Law 107–107; 115 Stat. 1345), is 
amended—
(1) in the section heading, by striking ‘‘2005’’ 
and inserting ‘‘2007’’; and 
(2) in subsection (a), by striking ‘‘May 16, 
2005,’’ and inserting ‘‘May 16, 2007,’’. 
(b) 
COMMISSION
REVIEW
AND
RECOMMENDA-
TIONS.—Subsection (d) of section 2914 of the Defense 
Base Closure and Realignment Act of 1990 is amended—
(1) in paragraphs (1) and (2), by striking ‘‘Sep-
tember 8, 2005’’ both places it appears and insert-
ing ‘‘September 8, 2007’’; and
578
(2) in paragraph (6)—
(A) by striking ‘‘in 2005’’ and inserting 
‘‘under this section’’; and 
(B) by striking ‘‘July 1, 2005’’ and insert-
ing ‘‘July 1, 2007’’. 
(c) REVIEW BY PRESIDENT AND TRANSMITTAL TO 
CONGRESS.—Subsection (e) of section 2914 of the De-
fense Base Closure and Realignment Act of 1990 is 
amended—
(1) in paragraph (1)—
(A) by striking ‘‘in 2005’’ and inserting 
‘‘under this section’’; and 
(B) by striking ‘‘September 23, 2005’’ and 
inserting ‘‘September 23, 2007’’; 
(2) in paragraph (2), by striking ‘‘October 20, 
2005’’ and inserting ‘‘October 20, 2007’’; and 
(3) in paragraph (3)—
(A) by striking ‘‘November 7, 2005’’ and 
inserting ‘‘November 7, 2007’’; and 
(B) by striking ‘‘in 2005’’ and inserting 
‘‘in 2007’’. 
(d) NEW FORCE STRUCTURE PLAN
AND INFRA-
STRUCTURE INVENTORY; RECERTIFICATION
OF NEED 
FOR ADDITIONAL ROUND.—Section 2912 of the Defense 
Base Closure and Realignment Act of 1990 (part A of title
579
XXIX of Public Law 101–510; 10 U.S.C. 2687 note), as 
added by section 3001 of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 115 
Stat. 1342), is amended— 
(1) in the section heading, by striking ‘‘2005’’ 
and inserting ‘‘2007’’; 
(2) by striking ‘‘fiscal year 2005’’ each place it 
appears and inserting ‘‘fiscal year 2007’’; 
(3) in subsection (b)(1), by inserting ‘‘for fiscal 
year 2007’’ after ‘‘subsection (a)’’; 
(4) in subsections (b)(2) and (d), by striking 
‘‘in 2005’’ each place it appears and inserting 
‘‘under section 2914’’; 
(5) in subsection (d), by striking ‘‘March 15, 
2005’’ both places it appears and inserting ‘‘March 
15, 2007’’; 
(6) in subsection (d)(4), by striking ‘‘calendar 
year 2005 and shall terminate on April 15, 2006’’ 
and inserting ‘‘calendar year 2007 and shall termi-
nate on April 15, 2008’’; and 
(7) in subsection (d)(5), by striking ‘‘second 
session of the 108th Congress for the activities of 
the Commission in 2005’’ and inserting ‘‘second ses-
sion of the 109th Congress for the activities of the 
Commission under section 2914’’.
580
(e) INFRASTRUCTURE-RELATED
REPORTING
RE-
QUIREMENTS; 
TERMINATION
OF
BASE
CLOSURE 
ROUND.—Section 2912 of the Defense Base Closure and 
Realignment Act of 1990 is further amended by adding 
at the end the following new subsection: 
‘‘(e) INFRASTRUCTURE-RELATED REPORTS.—
‘‘(1) REQUIRED REPORTS.—The Secretary shall 
prepare the following reports related to infrastruc-
ture requirements for the Armed Forces: 
‘‘(A) A report containing the Integrated 
Global Presence and Basing Strategy of the De-
partment of Defense, including the location of 
long-term overseas installations, installations to 
be used for rotational purposes, and forward 
operating locations, anticipated rotational plans 
and policies, and domestic and overseas infra-
structure requirements associated with the 
strategy. 
‘‘(B) A report describing the anticipated 
infrastructure requirements associated with the 
probable end-strength levels and major military 
force units (including land force divisions, car-
rier and other major combatant vessels, air 
wings, and other comparable units) for each of
581
the Armed Forces resulting from force trans-
formation. 
‘‘(C) A report describing the anticipated 
infrastructure requirements related to expected 
changes in the active component versus reserve 
component personnel mix of the Armed Forces. 
‘‘(D) A report describing the anticipated 
infrastructure requirements associated with the 
so-called ‘10–30–30 objective’ of the Secretary 
to ensure that military forces are capable of de-
ployment overseas within 10 days in sufficient 
strength to defeat an enemy within 30 days and 
be ready for redeployment within 30 days after 
the end of combat operations. 
‘‘(E) A report containing the results of a 
complete reassessment of the infrastructure 
necessary to support the force structure de-
scribed in the force-structure plan prepared 
under paragraph (1) of subsection (a) and de-
scribing any resulting excess infrastructure and 
infrastructure capacity, which were previously 
required by paragraph (2) of such subsection. 
The reassessment shall be based on actual in-
frastructure, facility, and space requirements
582
for the Armed Forces rather than a compara-
tive study between 1989 and 2003. 
‘‘(F) A report describing the anticipated 
infrastructure requirements associated with the 
assessment prepared by the Secretary pursuant 
to section 2822 of the National Defense Au-
thorization Act for Fiscal Year 2004 (Public 
Law 108–136; 117 Stat. 1726), in which Con-
gress required the Secretary to assess the prob-
able threats to national security and determine 
the potential, prudent, surge requirements for 
the Armed Forces and military installations to 
meet those threats. 
‘‘(2) TIME FOR SUBMISSION OF REPORTS.—The 
reports required by paragraph (1) shall be submitted 
to the congressional defense committees only during 
the period beginning on January 1, 2006, and end-
ing on March 15, 2006. 
‘‘(3) TERMINATION OF ROUND FOR FAILURE TO 
SUBMIT REPORTS AS REQUIRED.—If the reports re-
quired by paragraph (1) are not submitted during 
the period specified in paragraph (2), the process for 
the making of recommendations to the Congress for 
the closure or realignment of military installations 
and the selection of installations for closure or re-
583
alignment under this part in 2007 shall be termi-
nated.’’. 
(f) 
CONFORMING
AMENDMENTS.—(1) 
Section 
2904(a)(3) of the Defense Base Closure and Realignment 
Act of 1990 is amended by striking ‘‘in the 2005 report’’ 
and inserting ‘‘in a report submitted after 2001’’. 
(2) Section 2906(e) of such Act is amended by strik-
ing ‘‘2005’’ and inserting ‘‘2007’’. 
(3) Section 2906A of such Act is amended—
(A) in the section heading, by striking ‘‘2005’’ 
and inserting ‘‘2007’’; and 
(B) by striking ‘‘2005’’ each place it appears 
and inserting ‘‘2007’’. 
(4) Section 2909(a) of such Act is amended by strik-
ing ‘‘2006’’ and inserting ‘‘2008’’. 
SEC. 2822. ESTABLISHMENT OF SPECIFIC DEADLINE FOR 
SUBMISSION 
OF 
REVISIONS 
TO 
FORCE-
STRUCTURE PLAN AND INFRASTRUCTURE IN-
VENTORY FOR NEXT BASE CLOSURE ROUND. 
Section 2912(a)(4) of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public 
Law 101–510; 10 U.S.C. 2687 note) is amended by strik-
ing ‘‘as part of the budget justification document sub-
mitted to Congress for fiscal year 2006.’’ and inserting 
‘‘not later than March 15 of the year in which the Sec-
584
retary will submit, consistent with subsection (e) of this 
section, the list of the military installations inside the 
United States that the Secretary recommends for closure 
or realignment. No revision of the force-structure plan or 
infrastructure inventory is authorized after that March 15 
date.’’. 
SEC. 2823. SPECIFICATION OF FINAL SELECTION CRITERIA 
FOR NEXT BASE CLOSURE ROUND. 
(a) FINDINGS.—Congress finds the following: 
(1) Title XXX of the National Defense Author-
ization Act for Fiscal Year 2002 (Public Law 107–
107; 115 Stat. 1342) amended the Defense Base 
Closure and Realignment Act of 1990 (part A of 
title XXIX of Public Law 101–510; 10 U.S.C. 2687 
note) to authorize the Secretary of Defense to con-
duct an additional round of base realignments and 
closures. 
(2) In section 2822 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 
108–136; 117 Stat. 1726), approved November 24, 
2003, Congress required the Secretary of Defense to 
assess the probable threats to national security and 
determine the potential, prudent, surge requirements 
for the Armed Forces and military installations to 
meet those threats. Such section specifically requires
586
the Federal Register on February 12, 2004 (69 Fed. 
Reg. 6948). 
(5) In addition to specifically reserving its right 
to disapprove the final selection criteria, Congress 
may modify or otherwise amend the criteria by Act 
of Congress. 
(b) CONGRESSIONAL
SPECIFICATION
OF
FINAL 
BRAC SELECTION CRITERIA.—Section 2913 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), as added by section 3002 of the National Defense 
Authorization Act for Fiscal Year 2002 (Public Law 107–
107; 115 Stat. 1344), is amended to read as follows: 
‘‘SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL 
ROUND OF BASE CLOSURES AND REALIGN-
MENTS. 
‘‘(a) FINAL SELECTION CRITERIA.—The final cri-
teria to be used by the Secretary in making recommenda-
tions for the closure or realignment of military installa-
tions inside the United States under this part in any addi-
tional round of base closures and realignments are as fol-
lows: 
‘‘(1) The current and future mission require-
ments and the impact on operational readiness of 
the total force of the Department of Defense, includ-
587
ing the impact on joint warfighting, training, readi-
ness, and research, development, test, and evaluation 
of weapons systems and equipment. 
‘‘(2) The availability and condition of land, fa-
cilities, infrastructure, and associated air and water 
space (including preservation of training areas suit-
able for maneuver by ground, naval, or air forces 
throughout a diversity of climate and terrain areas, 
the preservation of testing ranges able to accommo-
date current or future military weapons systems and 
equipment, and the preservation of staging areas for 
the use of the Armed Forces in homeland defense 
missions) at both existing and potential receiving lo-
cations. 
‘‘(3) The ability to accommodate contingency, 
mobilization, and future total force requirements at 
both existing and potential receiving locations to 
support operations, training, maintenance, and re-
pair. 
‘‘(4) Preservation of land, air, and water space, 
facilities, and infrastructure necessary to support 
training and operations of military forces determined 
to be surge requirements by the Secretary of De-
fense, as required by section 2822 of the National
588
Defense Authorization Act for Fiscal Year 2004 
(Public Law 108–136; 117 Stat. 1726). 
‘‘(5) The extent and timing of potential costs 
and savings of base realignment and closure actions 
on the entire Federal budget, as well as the Depart-
ment of Defense, including the number of years, be-
ginning with the date of completion of the closure or 
realignment, for the savings to exceed the costs. 
Costs shall include those costs related to potential 
environmental restoration, waste management, and 
environmental compliance activities. 
‘‘(6) The economic impact on existing commu-
nities in the vicinity of military installations. 
‘‘(7) The ability of the infrastructure of both 
the existing and potential receiving communities to 
support forces, missions, and personnel, including 
quality of living standards for members of the 
Armed Forces and their dependents. 
‘‘(8) The environmental impact on receiving lo-
cations. 
‘‘(b) PRIORITY GIVEN TO MILITARY VALUE.—In rec-
ommending military installations for closure or realign-
ment, the Secretary shall give priority consideration to the 
first four criteria specified in subsection (a).
589
‘‘(c) RELATION TO OTHER MATERIALS.—The final 
selection criteria specified in subsection (a) shall be the 
only criteria to be used, along with the force-structure 
plan and infrastructure inventory referred to in section 
2912, in making recommendations for the closure or re-
alignment of military installations inside the United States 
under this part after December 31, 2003. 
‘‘(d) 
RELATION
TO
CRITERIA
FOR
EARLIER 
ROUNDS.—Section 2903(b), and the selection criteria pre-
pared under such section, shall not apply with respect to 
the process of making recommendations for the closure or 
realignment of military installations after December 31, 
2003.’’. 
(c) CONFORMING AMENDMENTS.—The Defense Base 
Closure and Realignment Act of 1990 is amended—
(1) in section 2912(c)(1)(A), by striking ‘‘cri-
teria prepared under section 2913’’ and inserting 
‘‘criteria specified in section 2913’’; and 
(2) in section 2914(a), by striking ‘‘criteria pre-
pared by the Secretary under section 2913’’ and in-
serting ‘‘criteria specified in section 2913’’.
590
SEC. 2824. REQUIREMENT FOR UNANIMOUS VOTE OF DE-
FENSE BASE CLOSURE AND REALIGNMENT 
COMMISSION TO ADD TO OR OTHERWISE EX-
PAND CLOSURE AND REALIGNMENT REC-
OMMENDATIONS MADE BY SECRETARY OF 
DEFENSE. 
Section 2914(d) of 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), as added by section 
3003 of the Military Construction Authorization Act for 
Fiscal Year 2002 (division B of Public Law 107–107; 155 
Stat, 1346) and amended by section 2854 of the Bob 
Stump National Defense Authorization Act for Fiscal 
Year 2003 (Public Law 107–314; 116 Stat. 2728), is 
amended—
(1) in paragraph (3), by striking ‘‘TO ADD’’ and 
inserting ‘‘TO CONSIDER ADDITIONS’’; and 
(2) by striking paragraph (5) and inserting the 
following new paragraph: 
‘‘(5) REQUIREMENTS TO EXPAND CLOSURE OR 
REALIGNMENT RECOMMENDATIONS.—In the report 
required under section 2903(d)(2)(A) that is to be 
transmitted under paragraph (1), the Commission 
may not make a change in the recommendations of 
the Secretary that would close a military installation 
not recommended for closure by the Secretary,
591
would realign a military installation not rec-
ommended for closure or realignment by the Sec-
retary, or would expand the extent of the realign-
ment of a military installation recommended for re-
alignment by the Secretary unless—
‘‘(A) at least two members of the Commis-
sion visit the military installation before the 
date of the transmittal of the report; and 
‘‘(B) the decision of the Commission to 
make the change to recommend the closure of 
the military installation, the realignment of the 
installation, or the expanded realignment of the 
installation is unanimous.’’. 
SEC. 2825. ADHERENCE TO CERTAIN AUTHORITIES ON 
PRESERVATION OF MILITARY DEPOT CAPA-
BILITIES DURING ANY SUBSEQUENT ROUND 
OF BASE CLOSURES AND REALIGNMENTS. 
The Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101–510; 10 
U.S.C. 2687 note) is amended by adding at the end the 
following new section:
592
‘‘SEC. 2915. ADHERENCE TO CERTAIN AUTHORITIES ON 
PRESERVATION OF MILITARY DEPOT CAPA-
BILITIES DURING ANY SUBSEQUENT ROUND 
OF BASE CLOSURES AND REALIGNMENTS. 
‘‘(a) ADHERENCE REQUIRED.—(1) Any base closure 
and realignment actions under section 2914 or subsequent 
round of base closure and realignment, and any actions 
to carry out the closure or realignment of military installa-
tions as a result of such actions, shall reflect a strict ad-
herence to the provisions of title 10, United States Code, 
for the maintenance of government-owned, government-
operated depot-level maintenance, repair, and logistics ca-
pabilities within the Department of Defense, including the 
provisions of chapter 146 of such title and other applicable 
provisions. 
‘‘(2) No action to carry out the closure or realign-
ment of military installations in any base closures and re-
alignments under this part after the date of the enactment 
of this section may include a waiver authorized by para-
graph (2) or (3) of section 2464(b) or section 2466(b) of 
title 10, United States Code. 
‘‘(b) BASE CLOSURE AND REALIGNMENT ACTIONS 
DEFINED.—In this section, the term ‘base closure and re-
alignment actions’ means the following: 
‘‘(1) The preparation by the Secretary of De-
fense of recommendations on installations for closure
593
or realignment under this part or any subsequent 
base closure law. 
‘‘(2) The review by the Commission of the rec-
ommendations referred to in paragraph (1). 
‘‘(3) The review by the President of the rec-
ommendations referred to in paragraphs (1) and 
(2).’’. 
Subtitle D—Land Conveyances 
PART I—ARMY CONVEYANCES 
SEC. 2831. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
DEFENSE 
SUPPLY 
CENTER, 
COLUMBUS, 
OHIO. 
(a) TRANSFER REQUIRED.—As soon as practicable 
after the date of the enactment of this Act, the Secretary 
of the Army shall transfer, without reimbursement, to the 
administrative jurisdiction of the Secretary of Veterans 
Affairs a parcel of real property consisting of approxi-
mately 20 acres and comprising a portion of the Defense 
Supply Center in Columbus, Ohio, for the purpose of per-
mitting the Secretary of Veterans Affairs to use the prop-
erty as the site for an outpatient clinic. 
(b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary of the Army shall require the Secretary of Vet-
erans Affairs to cover costs to be incurred by the Secretary 
of the Army, or to reimburse the Secretary of the Army
594
for costs incurred by the Secretary of the Army, to carry 
out the conveyance under subsection (a), including survey 
costs, costs related to environmental documentation, and 
other administrative costs related to the conveyance. If 
amounts are collected from the Secretary of Veterans Af-
fairs in advance of the Secretary of the Army incurring 
the actual costs, and the amount collected exceeds the 
costs actually incurred by the Secretary of the Army to 
carry out the conveyance, the Secretary of the Army shall 
refund the excess amount to the Secretary of Veterans Af-
fairs. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that 
was used to cover the costs incurred by the Secretary of 
the Army in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund or 
account, and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts 
in such fund or account. 
(c) DESCRIPTION OF REAL PROPERTY.—The exact 
acreage and legal description of the real property to be 
transferred under subsection (a) shall be determined by 
a survey satisfactory to the Secretary of the Army.
595
SEC. 2832. LAND CONVEYANCE, FORT HOOD, TEXAS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Army may convey to the Texas A&M University Sys-
tem of the State of Texas (in this section referred to as 
the ‘‘University System’’), all right, title, and interest of 
the United States in and to a parcel of real property, in-
cluding improvements thereon, consisting of approxi-
mately 662 acres at Fort Hood, Texas, for the sole pur-
pose of permitting the University System to establish on 
the property an upper level (junior, senior and graduate) 
university that will be State-supported, separate from 
other universities of the University System, and des-
ignated as Texas A&M University, Central Texas. 
(b) CONSIDERATION.—(1) As consideration for the 
conveyance under subsection (a), the University System 
shall pay to the United States an amount equal to the 
fair market value of the conveyed property, as determined 
pursuant to an appraisal acceptable to the Secretary. 
(2) In lieu of all or a portion of the cash consideration 
required by paragraph (1), the Secretary may accept in-
kind consideration, including the conveyance by the Uni-
versity System of real property acceptable to the Sec-
retary. 
(c) CONDITION OF CONVEYANCE.—The conveyance 
under subsection (a) shall be subject to the condition that 
the Secretary determine that the conveyance of the prop-
596
erty and the establishment of a university on the property 
will not adversely impact the operation of Robert Grey 
Army Airfield, which is located on Fort Hood approxi-
mately one mile from the property authorized for convey-
ance. 
(d) 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 University System. 
(e) ADDITIONAL TERMS
AND CONDITIONS.—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, ARMY NATIONAL GUARD 
FACILITY, SEATTLE, WASHINGTON. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Army may convey, without consideration, to the State 
of Washington (in this section referred to as the ‘‘State’’) 
all right, title, and interest of the United States in and 
to a parcel of real property, including any improvements 
thereon, consisting of approximately 9.747 acres in Se-
attle, Washington, and comprising a portion of the Na-
tional Guard Facility, Pier 91, for the purpose of permit-
597
ting the State to convey the facility unencumbered for eco-
nomic development purposes. 
(b) ADMINISTRATIVE EXPENSES.—(1) The State 
shall reimburse the Secretary for the administrative ex-
penses incurred by the Secretary in carrying out the con-
veyance under subsection (a), including expenses related 
to 
surveys 
and 
legal 
descriptions, 
boundary 
monumentation, environmental surveys, necessary docu-
mentation, travel, and deed preparation. 
(2) Section 2695(c) of title 10, United States Code, 
shall apply to any amounts received by the Secretary as 
reimbursement under this subsection. 
(c) EXEMPTION FROM FEDERAL SCREENING.—The 
conveyance authorized by subsection (a) is exempt from 
the requirement to screen the property for other Federal 
use pursuant to sections 2693 and 2696 of title 10, United 
States Code. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary. The cost of the survey shall be borne 
by the United States, subject to the requirement for reim-
bursement under subsection (b). 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
598
tions in connection with the conveyance under subsection 
(a) as the Secretary considers appropriate to protect the 
interests of the United States. 
SEC. 2834. MODIFICATION OF LAND EXCHANGE AND CON-
SOLIDATION, FORT LEWIS, WASHINGTON. 
(a) PROPERTY TO BE TRANSFERRED TO SECRETARY 
OF THE INTERIOR IN TRUST.—Subsection (a)(1) of sec-
tion 2837 of the Military Construction Authorization Act 
for Fiscal Year 2002 (division B of Public Law 107–107; 
115 Stat. 1315) is amended—
(1) by striking ‘‘may convey to’’ and inserting 
‘‘may transfer to the Secretary of the Interior, in 
trust for’’; and 
(2) by striking ‘‘Washington, in’’ and all that 
follows through the period and inserting ‘‘Wash-
ington. The Secretary of the Army may make the 
transfer under the preceding sentence, and the Sec-
retary of the Interior may accept the property trans-
ferred in trust for the Nisqually Tribe under the 
preceding sentence, only in conjunction with the con-
veyance described in subsection (b)(2).’’. 
(b) INCREASE IN ACREAGE TO BE TRANSFERRED.—
Such subsection is further amended by striking ‘‘138 
acres’’ and inserting ‘‘168 acres’’.
599
(c) QUALIFICATION ON PROPERTY TO BE TRANS-
FERRED.—Subsection (a)(2) of such section is amended—
(1) by striking ‘‘conveyance’’ and inserting 
‘‘transfer’’; and 
(2) by striking ‘‘or the right of way described 
in subsection (c)’’ and inserting ‘‘located on the real 
property transferred under that paragraph’’. 
(d) CONSIDERATION.—Subsection (b) of such section 
is amended—
(1) in the matter preceding paragraph (1), by 
striking ‘‘conveyance’’ and inserting ‘‘transfer’’; and 
(2) in paragraph (2), by striking ‘‘fee title over 
the acquired property to the Secretary’’ and insert-
ing ‘‘to the United States fee title to the property 
acquired under paragraph (1), free from all liens, 
encumbrances or other interests other than those, if 
any, acceptable to the Secretary of the Army’’. 
(e) TREATMENT
OF EXISTING PERMIT RIGHTS; 
GRANT OF EASEMENT.—Such section is further amend-
ed—
(1) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection:
600
‘‘(d) TREATMENT
OF EXISTING PERMIT RIGHTS; 
GRANT
OF EASEMENT.—(1) The transfer under sub-
section (a) recognizes and preserves to the Bonneville 
Power Administration, in perpetuity and without the right 
of revocation except as provided in paragraph (2), rights 
in existence at the time of the conveyance under the per-
mit dated February 4, 1949, as amended January 4, 
1952, between the Department of the Army and the Bon-
neville Power Administration with respect to any portion 
of the property transferred under subsection (a) upon 
which the Bonneville Power Administration retains trans-
mission facilities. The rights recognized and preserved in-
clude the right to upgrade those transmission facilities. 
‘‘(2) The permit rights recognized and preserved 
under paragraph (1) shall terminate only upon the Bonne-
ville Power Administration’s relocation of the transmission 
facilities referred to in paragraph (1), and then only with 
respect to that portion of those transmission facilities that 
are relocated. 
‘‘(3) The Secretary of the Interior, as trustee for the 
Nisqually Tribe, shall grant to the Bonneville Power Ad-
ministration, without consideration and subject to the 
same rights recognized and preserved in paragraph (1), 
such additional easements across the property transferred 
under subsection (a) as the Bonneville Power Administra-
601
tion considers necessary to accommodate the relocation or 
reconnection of Bonneville Power Administration trans-
mission facilities from property owned by the Tribe and 
held by the Secretary of the Interior in trust for the 
Tribe.’’. 
(f) CONFORMING AMENDMENTS.—(1) Subsection (c) 
of such section is amended by inserting ‘‘of the Army’’ 
after ‘‘Secretary’’. 
(2) Subsection (e) of such section (as redesignated 
by subsection (e)(1)) is amended—
(A) by striking ‘‘conveyed’’ and inserting 
‘‘transferred’’; 
(B) by inserting ‘‘of the Army’’ after ‘‘Sec-
retary’’; and 
(C) by striking ‘‘the recipient of the property 
being surveyed’’ and inserting ‘‘the Tribe, in the 
case of the transfer under subsection (a), and the 
Secretary of the Army, in the case of the acquisition 
under subsection (b)’’. 
(3) Subsection (f) of such section (as redesignated by 
subsection (e)(1)) is amended—
(A) by inserting ‘‘of the Army’’ after ‘‘Sec-
retary’’ both place it appears; and
602
(B) by striking ‘‘conveyances under this sec-
tion’’ and inserting ‘‘transfer under subsection (a) 
and conveyances under subsections (b)(2) and (c)’’. 
PART II—NAVY CONVEYANCES 
SEC. 2841. TRANSFER OF JURISDICTION, NEBRASKA AVE-
NUE NAVAL COMPLEX, DISTRICT OF COLUM-
BIA. 
(a) TRANSFER REQUIRED.—Except as provided in 
subsection (b), the Secretary of the Navy shall transfer 
to the administrative jurisdiction of the Administrator of 
General Services the parcel of Department of the Navy 
real property in the District of Columbia known as the 
Nebraska Avenue Complex for the purpose of permitting 
the Administrator to use the Complex to accommodate the 
Department of Homeland Security. The Complex shall be 
transferred in its existing condition. 
(b) AUTHORITY
TO
RETAIN
MILITARY
FAMILY 
HOUSING.—At the option of the Secretary of the Navy, 
the Secretary may retain administrative jurisdiction over 
that portion of the Complex that, as of the date of the 
enactment of this Act, is being used to provide Navy fam-
ily housing. 
(c) TIME FOR TRANSFER.—Not later than January 
1, 2005, the Secretary of the Navy shall complete the 
transfer of administrative jurisdiction over the portion of
603
the Complex required to be transferred under subsection 
(a). 
(d) RELOCATION OF NAVY ACTIVITIES.—As part of 
the transfer of the Complex under subsection (a), the Sec-
retary of the Navy shall relocate Department of the Navy 
activities at the Complex to other locations. 
(e) PAYMENT
OF INITIAL RELOCATION COSTS.—
Subject to the availability of appropriations for this pur-
pose, the Secretary of the Department of Homeland Secu-
rity shall be responsible for the payment of—
(1) all reasonable costs, including costs to move 
furnishings and equipment, related to the initial re-
location of Department of the Navy activities from 
the Complex under subsection (d); and 
(2) all reasonable costs incident to the initial 
occupancy by such activities of interim leased space, 
including rental costs for the first year. 
(f) PAYMENT OF LONG-TERM RELOCATION COSTS.—
(1) SENSE
OF
CONGRESS
REGARDING
PAY-
MENT.—It is the sense of the Congress that the Sec-
retary of the Navy should receive, from Federal 
agencies other than the Department of Defense, 
funds authorized and appropriated for the purpose 
of covering all reasonable costs, not paid under sub-
section (e), that are incurred or will be incurred by
604
the Secretary to permanently relocate Department of 
the Navy activities from the Complex under sub-
section (d). 
(2) SUBMISSION OF COST ESTIMATES.—As soon 
as practicable after the date of the enactment of this 
Act , the Secretary of the Navy shall submit to the 
Director of the Office of Management and Budget 
and the Congress an initial estimate of the amounts 
that will be necessary to cover the costs to perma-
nently relocate Department of the Navy activities 
from the portion of the Complex to be transferred 
under subsection (a). The Secretary shall include in 
the estimate anticipated land acquisition and con-
struction costs. The Secretary shall revise the esti-
mate as necessary whenever information regarding 
the actual costs for the relocation is obtained. 
(g) TREATMENT OF FUNDS.—(1) Funds received by 
the Secretary of the Navy, from sources outside the De-
partment of Defense, to relocate Department of the Navy 
activities from the Complex shall be used to pay the costs 
incurred by the Secretary to permanently relocate Depart-
ment of the Navy activities from the Complex. A military 
construction project carried out using such funds is 
deemed to be an authorized military construction project 
for purposes of section 2802 of title 10, United States
605
Code. Section 2822 of such title shall continue to apply 
to any military family housing unit proposed to be con-
structed or acquired using such funds. 
(2) When a decision is made to carry out a military 
construction project using such funds, the Secretary of the 
Navy shall notify Congress in writing of that decision, in-
cluding the justification for the project and the current 
estimate of the cost of the project. The project may then 
be carried out only after the end of the 21-day period be-
ginning on the date the notification is received by Con-
gress or, if earlier, the end of the 14-day period beginning 
on the date on which a copy of the notification is provided 
in an electronic medium pursuant to section 480 of title 
10, United States Code. 
(h) EFFECT OF FAILURE TO RECEIVE SUFFICIENT 
FUNDS FOR RELOCATION COSTS.—
(1) CONGRESSIONAL
NOTIFICATION.—At the 
end of the three-year period beginning on the date 
of the transfer of the Complex under subsection (a), 
the Secretary of the Navy shall submit to Congress 
a report—
(A) specifying the total amount needed to 
cover both the initial and permanent costs of 
relocating Department of the Navy activities
606
from the portion of the Complex transferred 
under subsection (a); 
(B) specifying the total amount of the ini-
tial relocation costs paid by the Secretary of the 
Department of Homeland Security under sub-
section (e); and 
(C) specifying the total amount of appro-
priated funds received by the Secretary of the 
Navy, from sources outside the Department of 
Defense, to cover the permanent relocation 
costs. 
(2) ROLE OF OMB.—The Secretary of the Navy 
shall obtain the assistance and concurrence of the 
Director of the Office of Management and Budget in 
determining the total amount needed to cover both 
the initial and permanent costs of relocating Depart-
ment of the Navy activities from the portion of the 
Complex transferred under subsection (a), as re-
quired by paragraph (1)(A). 
(3) CERTIFICATION
REGARDING
RELOCATION 
COSTS.—Not later than 30 days after the date on 
which the report under paragraph (1) is required to 
be submitted to Congress, the President shall certify 
to Congress whether the amounts specified in the re-
port pursuant to subparagraphs (B) and (C) of such
607
paragraph are sufficient to cover both the initial and 
permanent costs of relocating Department of the 
Navy activities from the portion of the Complex 
transferred under subsection (a). The President 
shall make this certification only after consultation 
with the Chairman and ranking minority member of 
the Committee on Armed Services and the Com-
mittee on Appropriations of the House of Represent-
atives and the Chairman and ranking minority mem-
ber of the Committee on Armed Services and the 
Committee on Appropriations of the Senate. 
(4) RESTORATION OF COMPLEX TO NAVY.—If 
the President certifies under paragraph (3) that 
amounts referred to in subparagraphs (B) and (C) 
of paragraph (1) are insufficient to cover Navy relo-
cation costs, the Administrator of General Services, 
at the request of the Secretary of the Navy, shall re-
store the Complex to the administrative jurisdiction 
of the Secretary of the Navy. 
(5) NAVY SALE OF COMPLEX.—If administra-
tive jurisdiction over the Complex is restored to the 
Secretary of the Navy, the Secretary shall convey 
the Complex by competitive sale. Amounts received 
by the United States as consideration from any sale 
under this paragraph shall be deposited in the spe-
608
cial account in the Treasury established pursuant to 
section 572(b) of title 40, United States Code. 
SEC. 2842. LAND CONVEYANCE, NAVY PROPERTY, FORMER 
FORT SHERIDAN, ILLINOIS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Navy may convey, without consideration, to the State 
of Illinois, a political subdivision of the State, or a non-
profit land conservation organization (in this section col-
lectively referred to as the ‘‘grantee’’), all right, title, and 
interest of the United States in and to certain environ-
mentally sensitive land at the former Fort Sheridan, Illi-
nois, consisting of mostly bluffs and ravines, for the pur-
pose of ensuring the permanent protection of the lands. 
(b) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the real property conveyed 
under subsection (a) is not being used or maintained in 
accordance with the purpose of the conveyance specified 
in such subsection, all right, title, and interest in and to 
all or any portion of the property shall revert, at the option 
of the Secretary, to the United States, and the United 
States shall have the right of immediate entry onto the 
property. Any determination of the Secretary under this 
subsection shall be made on the record after an oppor-
tunity for a hearing.
609
(c) RECONVEYANCE AUTHORIZED.—The Secretary 
may permit the grantee to convey the real property con-
veyed under subsection (a) to another eligible entity de-
scribed in such subsection, subject to the same covenants 
and terms and conditions as provided in the deed from 
the United States. 
(d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary shall require the grantee to cover costs to be 
incurred by the Secretary, or to reimburse the Secretary 
for costs incurred by the Secretary, to carry out the con-
veyance under subsection (a), including survey costs, costs 
related to environmental documentation, and other admin-
istrative costs related to the conveyance. If amounts are 
collected from the grantee in advance of the Secretary in-
curring the actual costs, and the amount collected exceeds 
the costs actually incurred by the Secretary to carry out 
the conveyance, the Secretary shall refund the excess 
amount to the grantee. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that 
was used to cover the costs incurred by the Secretary in 
carrying out the conveyance. Amounts so credited shall be 
merged with amounts in such fund or account, and shall 
be available for the same purposes, and subject to the
610
same conditions and limitations, as amounts in such fund 
or account. 
(e) EXEMPTION FROM FEDERAL SCREENING.—The 
conveyance authorized by subsection (a) is exempt from 
the requirement to screen the property for other Federal 
use pursuant to sections 2693 and 2696 of title 10, United 
States Code. 
(f) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. 
(g) ADDITIONAL TERMS
AND CONDITIONS.—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. 
(h) USE
OF ALTERNATE CONVEYANCE AUTHOR-
ITY.—In lieu of using the authority provided by this sec-
tion to convey the real property described in subsection 
(a), the Secretary may elect to include the property in a 
conveyance authorized by section 2878 of title 10, United 
States Code, subject to such terms, reservations, restric-
tions, and conditions as may be necessary to ensure the 
permanent protection of the property, if the Secretary de-
611
termines that a conveyance under such section is advan-
tageous to the interests of the United States. 
SEC. 2843. LAND EXCHANGE, NAVAL AIR STATION, PATUX-
ENT RIVER, MARYLAND. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Navy may convey to the State of Maryland (in this 
section referred to as ‘‘State’’), all right, title, and interest 
of the United States in and to a parcel of real property, 
including improvements thereon, consisting of approxi-
mately five acres at Naval Air Station, Patuxent River, 
Maryland, and containing the Point Lookout Lighthouse, 
other structures related to the lighthouse, and an archae-
ological site pertaining to the military hospital that was 
located on the property during the Civil War. The convey-
ance shall include artifacts pertaining to the military hos-
pital recovered by the Navy and held at the installation. 
(b) PROPERTY RECEIVED IN EXCHANGE.—As con-
sideration for the conveyance of the real property under 
subsection (a), the State shall convey to the United States 
a parcel of real property consisting of approximately five 
acres located in Point Lookout State Park, St. Mary’s 
County, Maryland. 
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary may require the State to cover costs to be in-
curred by the Secretary, or to reimburse the Secretary for
612
costs incurred by the Secretary, to carry out the convey-
ance under subsection (a), including survey costs, costs re-
lated to environmental documentation, relocation expenses 
incurred under subsection (b), and other administrative 
costs related to the conveyance. If amounts are collected 
from the State in advance of the Secretary incurring the 
actual costs, and the amount collected exceeds the costs 
actually incurred by the Secretary to carry out the convey-
ance, the Secretary shall refund the excess amount to 
State. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that 
was used to cover the costs incurred by the Secretary in 
carrying out the conveyance. Amounts so credited shall be 
merged with amounts in such fund or account, and shall 
be available for the same purposes, and subject to the 
same conditions and limitations, as amounts in such fund 
or account. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the properties to be conveyed 
under this section shall be determined by surveys satisfac-
tory to the Secretary. 
(e) EXEMPTION FROM FEDERAL SCREENING.—The 
conveyance authorized by subsection (a) is exempt from 
the requirement to screen the property for other Federal
613
use pursuant to sections 2693 and 2696 of title 10, United 
States Code. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyances under this section as 
the Secretary considers appropriate to protect the inter-
ests of the United States. 
PART III—AIR FORCE CONVEYANCES 
SEC. 2851. LAND EXCHANGE, MAXWELL AIR FORCE BASE, 
ALABAMA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Air Force may convey to the City of Montgomery, Ala-
bama (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, con-
sisting of all of the Maxwell Heights Housing site at Max-
well Air Force Base, Alabama. 
(b) CONSIDERATION.—(1) As consideration for the 
conveyance of the real property under subsection (a), the 
City shall convey to the United States a parcel of real 
property, including improvements thereon, consisting of 
approximately 35 acres designated as project AL 6–4 that 
is owned by the City and is contiguous to Maxwell Air 
Force Base. The Secretary shall have jurisdiction over the 
real property received under this paragraph.
614
(2) If the fair market value of the real property re-
ceived under paragraph (1) is less than the fair market 
value of the real property conveyed under subsection (a), 
the Secretary may require the City to make up the dif-
ference through the payment of cash, the provision of in-
kind consideration, or a combination thereof, to be deter-
mined pursuant to negotiations between the Secretary and 
the City. 
(3) The fair market values of the real property to 
be exchanged under this section shall be determined by 
appraisals acceptable to the Secretary and the City. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
this section shall be determined by surveys satisfactory to 
the Secretary. 
(d) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyances under this section 
as the Secretary considers appropriate to protect the inter-
ests of the United States.
615
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) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2005 for the activities of 
the National Nuclear Security Administration in carrying 
out programs necessary for national security in the 
amount of $9,047,700,000, to be allocated as follows: 
(1) For weapons activities, $6,577,953,000. 
(2) For defense nuclear nonproliferation activi-
ties, $1,338,147,000. 
(3) For naval reactors, $797,900,000. 
(4) For the Office of the Administrator for Nu-
clear Security, $333,700,000. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—
From funds referred to in subsection (a) that are available
616
for carrying out plant projects, the Secretary of Energy 
may carry out, for weapons activities, the following new 
plant projects: 
Project 05–D–140, project engineering and de-
sign, various locations, $11,600,000. 
Project 05–D–160, facilities and infrastructure 
recapitalization program, project engineering and de-
sign, various locations, $8,700,000. 
Project 05–D–170, project engineering and de-
sign, safeguards and security, various locations, 
$17,000,000. 
Project 05–D–401, production bays upgrade, 
Pantex Plant, Amarillo, Texas, $25,100,000. 
Project 05–D–402, beryllium capability project, 
Y–12 national security complex, Oak Ridge, Ten-
nessee, $3,627,000. 
Project 05–D–601, compressed air upgrades 
project, Y–12 national security complex, Oak Ridge, 
Tennessee, $4,400,000. 
Project 05–D–602, power grid infrastructure 
upgrade, Los Alamos National Laboratory, Los Ala-
mos, New Mexico, $10,000,000. 
Project 05–D–603, new master substation, 
Sandia National Laboratories, Albuquerque, New 
Mexico, $600,000.
617
Project 05–D–701, security perimeter, Los Ala-
mos National Laboratory, Los Alamos, New Mexico, 
$20,000,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2005 for envi-
ronmental management activities in carrying out pro-
grams necessary for national security in the amount of 
$6,863,307,000, to be allocated as follows: 
(1) For defense site acceleration completion, 
$5,876,837,000. 
(2) 
For 
defense 
environmental 
services, 
$986,470,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2005 for other 
defense activities in carrying out programs necessary for 
national security in the amount of $658,618,000. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2005 for defense 
nuclear waste disposal 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 $131,000,000.
618
Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions 
SEC. 3111. EXTENSION OF AUTHORITY FOR APPOINTMENT 
OF CERTAIN SCIENTIFIC, ENGINEERING, AND 
TECHNICAL PERSONNEL. 
Section 4601 of the Atomic Energy Defense Act (50 
U.S.C. 2701) is amended by striking ‘‘September 30, 
2004’’ and inserting ‘‘September 30, 2006’’. 
SEC. 3112. REQUIREMENTS FOR BASELINE OF PROJECTS 
UNDER FACILITIES AND INFRASTRUCTURE 
RECAPITALIZATION PROGRAM. 
Subsection (a) of section 3114 of the National De-
fense Authorization Act for Fiscal Year 2004 (Public Law 
108-136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amend-
ed—
(1) in paragraph (1) by inserting ‘‘of a base-
line’’ after ‘‘selection’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2)(A) After December 31, 2004, a project 
may be added to or removed from the Facilities and 
Infrastructure Recapitalization Program only after 
the Administrator submits to the congressional de-
fense committees a notice that the Administrator
619
has identified such project for addition or removal 
and has approved such addition or removal as a 
modification to the baseline for that program. 
‘‘(B) The Administrator may not obligate funds 
for any project added under subparagraph (A) until 
a period of 60 days has elapsed after the date on 
which such committees receive the notice under sub-
paragraph (A) with respect to that project. 
‘‘(C) The authority of the Administrator to 
identify and approve under subparagraph (A) may 
not be delegated.’’. 
Subtitle C—Other Matters 
SEC. 3131. TRANSFERS AND REPROGRAMMINGS OF NA-
TIONAL NUCLEAR SECURITY ADMINISTRA-
TION FUNDS. 
Section 3252 of the National Nuclear Security Ad-
ministration Act (50 U.S.C. 2452) is amended by adding 
at the end the following new subsection: 
‘‘(d) TRANSFER AND REPROGRAMMING PROCESS.—
(1) The Administrator shall have sole jurisdiction within 
the Department of Energy to submit to Congress or the 
appropriate congressional committees a notice of, or re-
quest for, a transfer or reprogramming of funds of the 
Administration.
620
‘‘(2) The functions of the Chief Financial Officer of 
the Department of Energy shall not apply to a notice or 
request described in paragraph (1), except to certify 
whether the funds covered by such notice or request are 
available.’’. 
SEC. 3132. NATIONAL ACADEMY OF SCIENCES STUDY ON 
MANAGEMENT BY DEPARTMENT OF ENERGY 
OF HIGH-LEVEL RADIOACTIVE WASTE. 
(a) REVIEW REQUIRED.—The Secretary of Energy 
shall enter into an arrangement with the National Re-
search Council of the National Academy of Sciences to 
carry out a study of the plans of the Department of En-
ergy to manage the waste streams specified in subsection 
(b) that are not currently planned for disposal in a high-
level repository. 
(b) COVERED WASTE STREAMS.—The waste streams 
referred to in subsection (a) are the streams of high-level 
radioactive waste at—
(1) the Savannah River Site, South Carolina; 
(2) the Idaho National Engineering Laboratory, 
Idaho; and 
(3) the Hanford Reservation, Washington. 
(c) MATTERS INCLUDED.—The study required by 
subsection (a) shall evaluate—
621
(1) the physical, chemical, and radiological 
characteristics of the waste referred to in subsection 
(b), including specifically the waste proposed to be 
left indefinitely in storage tanks; 
(2) the probability that such waste, if left in-
definitely in storage tanks, will leak into the environ-
ment and the range of potential dangers such leak-
age would represent; 
(3) the plans of the Department for the dis-
posal of the high-level radioactive waste that the De-
partment had planned, before certain litigation in 
Federal district court in 2003 on ‘‘Waste Incidental 
to Reprocessing’’, to reclassify as low-level waste; 
(4) treatment and disposal alternatives to the 
plans referred to in paragraph (3), including, for 
each such alternative, assessments of the technology 
approaches and of the implications with respect to 
cost, worker safety, and long-term environmental 
and human health; 
(5) the adequacy of the plans referred to in 
subsection (a), including Department of Energy 
Order No. 435.1, to protect, for the long term, the 
environment and population surrounding each site 
referred to in subsection (b); and
622
(6) any other matters that the National Re-
search Council considers appropriate and directly re-
lated to the subject matter of the study. 
(d) RECOMMENDATIONS REQUIRED.—In carrying out 
the study, the National Research Council shall develop 
recommendations relating to the subject matter of the 
study. The recommendations shall include—
(1) recommendations for improving the sci-
entific basis for managing the waste covered by the 
study, including alternative criteria for determining 
what waste should be managed as ‘‘Waste Incidental 
to Reprocessing’’; and 
(2) any other recommendations that the Na-
tional Research Council considers appropriate and 
directly related to the subject matter of the study. 
(e) REPORTS.—The National Research Council shall 
submit to the Secretary of Energy and the congressional 
defense committees—
(1) not later than six months after entering 
into the arrangement required by subsection (a), an 
interim report on the study with respect to the waste 
proposed to be left indefinitely in storage tanks, in-
cluding the tentative findings, conclusions, and rec-
ommendations with respect to such waste; and
623
(2) not later than one year after entering into 
the arrangement required by subsection (a), a final 
report on the study, including all findings, conclu-
sions, and recommendations. 
(f) PROVISION
OF INFORMATION.—The Secretary 
shall make available to the National Research Council all 
information that the National Research Council considers 
necessary to carry out, in a timely manner, its responsibil-
ities under this section. 
(g) FUNDING.—Of the amounts authorized to be ap-
propriated to the Department of Energy by section 3102, 
$1,500,000 shall be available only for carrying out the 
study required by this section. 
SEC. 3133. CONTRACT TO REVIEW WASTE ISOLATION PILOT 
PLANT, NEW MEXICO. 
The Secretary of Energy shall enter into a contract 
to conduct independent reviews and evaluations of the de-
sign, construction, and operations of the Waste Isolation 
Pilot Plant in New Mexico as they relate to the protection 
of the public health and safety and the environment. The 
contract shall be for a period of one year and shall be 
renewable for four additional one-year periods, subject to 
the authorization and appropriation of funds for such pur-
pose.
624
SEC. 3134. ADDITIONAL AMOUNT FOR DEFENSE SITE AC-
CELERATION COMPLETION. 
(a) ADDITIONAL AMOUNT.—The amount in section 
3102 is hereby increased by $50,000,000, to be available 
under section 3102(1) for defense site acceleration com-
pletion. 
(b) OFFSET.—The amount in section 301(4), oper-
ation and maintenance, Air Force, is hereby reduced by 
$50,000,000, to be derived from the transportation capital 
fund. 
SECTION 3135. IMPROVEMENTS TO ENERGY EMPLOYEES 
OCCUPATIONAL 
ILLNESS 
COMPENSATION 
PROGRAM. 
(a) STATE AGREEMENTS.—Section 3661 of the En-
ergy Employees Occupational Illness Compensation Pro-
gram Act of 2000 (42 U.S.C. 7385o) is amended—
(1) in subsection (b) by striking ‘‘Pursuant to 
agreements under subsection (a), the’’ and inserting 
‘‘The’’; 
(2) in subsection (c) by striking ‘‘provided in an 
agreement under subsection (a), and if’’; and 
(3) in subsection (e) by striking ‘‘If provided in 
an agreement under subsection (a)’’ and inserting 
‘‘If a panel reports a determination under subsection 
(d)(5)’’.
625
(b) SELECTION OF PANEL MEMBERS.—Section 3661 
of that Act (42 U.S.C. 7385o) is further amended in sub-
section (d) by amending paragraph (2) to read as follows: 
‘‘(2) The Secretary of Health and Human Serv-
ices shall select individuals to serve as panel mem-
bers based on experience and competency in diag-
nosing occupational illnesses. For each individual so 
selected, the Secretary shall appoint that individual 
as a panel member or obtain by contract the services 
of that individual as a panel member.’’. 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal 
year 2005, $21,268,000 for the operation of the Defense 
Nuclear Facilities Safety Board under chapter 21 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 
TITLE XXXIII—NATIONAL 
DEFENSE STOCKPILE 
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE 
STOCKPILE FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 2005, the National Defense Stockpile Manager 
may obligate up to $59,700,000 of the funds in the Na-
626
tional Defense Stockpile Transaction Fund established 
under subsection (a) of section 9 of the Strategic and Crit-
ical Materials Stock Piling Act (50 U.S.C. 98h) for the 
authorized uses of such funds under subsection (b)(2) of 
such section, including the disposal of hazardous materials 
that are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National De-
fense Stockpile Manager may obligate amounts in excess 
of the amount specified in subsection (a) if the National 
Defense Stockpile Manager notifies Congress that extraor-
dinary or emergency conditions necessitate the additional 
obligations. The National Defense Stockpile Manager may 
make the additional obligations described in the notifica-
tion after the end of the 45-day period beginning on the 
date on which Congress receives the notification. 
(c) LIMITATIONS.—The authorities provided by this 
section shall be subject to such limitations as may be pro-
vided in appropriations Acts. 
SEC. 3302. RELAXATION OF QUANTITY RESTRICTIONS ON 
DISPOSAL OF MANGANESE FERRO IN NA-
TIONAL DEFENSE STOCKPILE. 
Section 3306(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 115 
Stat. 1391; 50 U.S.C. 98d note) is amended—
627
(1) in paragraph (3), by striking ‘‘each of the 
fiscal years 2004 and 2005’’ and inserting ‘‘fiscal 
year 2004’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) During fiscal year 2005, 100,000 short 
tons of high carbon manganese ferro of the highest 
grade. 
SEC. 3303. REVISION OF EARLIER AUTHORITY TO DISPOSE 
OF CERTAIN MATERIALS IN NATIONAL DE-
FENSE STOCKPILE. 
Section 3303(a) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105–261; 50 U.S.C. 98d note) is amended by striking 
paragraphs (4) and (5) and inserting the following new 
paragraphs: 
‘‘(4) $785,000,000 by the end of fiscal year 
2005; and 
‘‘(5) $870,000,000 by the end of fiscal year 
2009.’’. 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are hereby authorized to be appropriated to the Secretary
628
of Energy $20,000,000 for fiscal year 2005 for the pur-
pose of carrying out activities under chapter 641 of title 
10, United States Code, relating to the naval petroleum 
reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MAR-
ITIME ADMINISTRATION. 
There are authorized to be appropriated to the Sec-
retary of Transportation for the Maritime Administration 
for fiscal year 2005 (in lieu of amounts authorized for the 
same purposes by section 3511 of the National Defense 
Authorization Act for Fiscal Year 2004)—
(1) for expenses necessary for operations and 
training activities, $109,300,000; 
(2) for administrative expenses under the loan 
guarantee program authorized by title XI of the 
Merchant Marine Act, 1936 (46 U.S.C. App. 1271 
et seq.), $4,764,000; and 
(3) for ship disposal, $35,000,000, of which 
$2,000,000 shall be for decommissioning, removal,
629
and disposal of the nuclear reactor and hazardous 
materials on board the vessel SAVANNAH. 
SEC. 3502. EXTENSION OF AUTHORITY TO PROVIDE WAR 
RISK INSURANCE FOR MERCHANT MARINE 
VESSELS. 
(a) EXTENSION.—Section 1214 of the Merchant Ma-
rine Act, 1936 (46 U.S.C. App. 1294), is amended by 
striking ‘‘June 30, 2005’’ and inserting ‘‘December 31, 
2010’’. 
(b) INVESTMENT OF ASSETS IN INSURANCE FUND.—
Section 1208(a) of such Act (46 U.S.C. App. 1288), is 
amended by striking the third sentence and inserting the 
following: ‘‘The Secretary of Transportation may request 
the Secretary of the Treasury to invest such portion of 
the Fund as is not, in the judgment of the Secretary of 
Transportation, required to meet the current needs of the 
fund. Such investments shall be made by the Secretary 
of the Treasury in public debt securities of the United 
States, with maturities suitable to the needs of the fund, 
and bearing interest rates determined by the Secretary of 
the Treasury, taking into consideration current market 
yields on outstanding marketable obligations of the United 
States of comparable maturity.’’.
630
TITLE XXXVI—SMALL BUSINESS 
ADMINISTRATION 
SEC. 3601. ADDITION OF LANDSCAPING AND PEST CON-
TROL SERVICES TO LIST OF DESIGNATED IN-
DUSTRY GROUPS PARTICIPATING IN THE 
SMALL BUSINESS COMPETITIVENESS DEM-
ONSTRATION PROGRAM. 
(a) IN GENERAL.—Subsection (a) of section 717 of 
the Small Business Competitiveness Demonstration Pro-
gram Act of 1988 (15 U.S.C. 644 note) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) landscaping and pest control services.’’. 
(b) LANDSCAPING AND PEST CONTROL SERVICES.—
Section 717 of the Small Business Competitiveness Dem-
onstration Program Act of 1988 (15 U.S.C. 644 note) is 
amended—
(1) by redesignating subsection (e) as sub-
section (f), and 
(2) by inserting after subsection (d) the fol-
lowing new subsection:
631
‘‘(e) LANDSCAPING
AND
PEST
CONTROL
SERV-
ICES.—Landscaping and pest control services shall include 
contract awards assigned to North American Industrial 
Classification Code 561710 (relating to exterminating and 
pest control services) or 561730 (relating to landscaping 
services).’’.
Passed the House of Representatives May 20, 2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.
Calendar No. 537
108TH CONGRESS 
2D SESSION 
H. R. 4200
AN ACT 
To authorize appropriations for fiscal year 2005 for 
military activities of the Department of Defense, 
for military construction, and for defense activi-
ties of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes. 
MAY 21, 2004
Received; read twice and placed on the calendar