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by an engineer or architect registered in the State 
of Maryland. 
(2) COLLABORATIVE
DESIGN
PROCESS.—The 
Secretary of Defense may not delegate the responsi-
bility for the preparation of the design for the Na-
tional Military Medical Center to the prime con-
tractor selected for construction of the facility. The 
design for the National Military Medical Center shall 
be prepared through a collaborative process involv-
ing— 
(A) personnel of the Department of De-
fense; 
(B) representatives of premier health care 
facilities in the United States; and 
(C) current and former patients of the 
military medical system. 
(c) INDEPENDENT COST ESTIMATE.— 
(1) PREPARATION.—The Cost Analysis Im-
provement Group of the Department of Defense 
shall prepare an independent cost estimate of the 
total cost to be incurred by the United States to 
close Walter Reed Army Medical Hospital, design 
and construct replacement facilities at the National 
Naval Medical Center and Fort Belvoir, and relocate 
operations to the replacement facilities. In preparing 
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the cost estimate, the Cost Analysis Improvement 
Group shall not consider the possibility of private 
funds being obtained to construct the proposed trau-
matic brain injury treatment facility at the National 
Naval Medical Center. 
(2) SUBMISSION.—The Secretary of Defense 
shall submit the resulting cost estimate to the con-
gressional defense committees as soon as possible 
after the date of the enactment of this Act, but in 
no case later than the date on which the Secretary 
makes the certification under subsection (a) with re-
gard to compliance with this subsection. 
(d) MILESTONE SCHEDULE.— 
(1) PREPARATION.—The Secretary of Defense 
shall prepare a complete milestone schedule for the 
closure of Walter Reed Army Medical Hospital, the 
design and construction of replacement facilities at 
the National Naval Medical Center and Fort Belvoir, 
and the relocation of operations to the replacement 
facilities. The schedule shall include a detailed plan 
regarding how the Department of Defense will carry 
out the transition of operations between Walter Reed 
Army Medical Hospital and the replacement facili-
ties. 
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(2) SUBMISSION.—The Secretary of Defense 
shall submit the resulting milestone schedule and 
transition plan to the congressional defense commit-
tees as soon as possible after the date of the enact-
ment of this Act, but in no case later than the date 
on which the Secretary makes the certification under 
subsection (a) with regard to compliance with this 
subsection. 
SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES 
FOR 
REFINERIES 
OR 
NUCLEAR 
POWER 
PLANTS. 
Not later than October 1, 2009, the Secretary of De-
fense shall submit to the congressional defense committees 
a report evaluating the feasibility of using military instal-
lations selected for closure under the base closure and re-
alignment process as locations for the construction of pe-
troleum or natural gas refineries or nuclear power plants. 
TITLE 
XXVIII—MILITARY 
CON-
STRUCTION GENERAL PROVI-
SIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Incorporation of principles of sustainable design in documents sub-
mitted as part of proposed military construction projects. 
Sec. 2802. Extension of authority to use operation and maintenance funds for 
construction projects outside the United States. 
Sec. 2803. Revision of maximum lease amount applicable to certain domestic 
Army family housing leases to reflect previously made annual 
adjustments in amount. 
Sec. 2804. Use of military family housing constructed under build and lease au-
thority to house members without dependents. 
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Sec. 2805. Lease of military family housing to the Secretary of Defense for use 
as residence. 
Sec. 2806. Repeal of reporting requirement in connection with installation vul-
nerability assessments. 
Sec. 2807. Modification of alternative authority for acquisition and improve-
ment of military housing. 
Sec. 2808. Report on capturing housing privatization best practices. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Clarification of exceptions to congressional reporting requirements 
for certain real property transactions. 
Sec. 2812. Authority to lease non-excess property of military departments and 
Defense Agencies. 
Sec. 2813. Modification of utility system conveyance authority. 
Sec. 2814. Permanent authority to purchase municipal services for military in-
stallations in the United States. 
Sec. 2815. Defense access roads. 
Sec. 2816. Protecting private property rights during Department of Defense 
land acquisitions. 
Subtitle C—Provisions Related to Guam Realignment 
Sec. 2821. Guam Defense Policy Review Initiative Account. 
Sec. 2822. Sense of Congress regarding use of Special Purpose Entities for 
military housing related to Guam realignment. 
Sec. 2823. Sense of Congress regarding Federal assistance to Guam. 
Sec. 2824. Comptroller General report regarding interagency requirements re-
lated to Guam realignment. 
Sec. 2825. Energy and environmental design initiatives in Guam military con-
struction and installations. 
Sec. 2826. Department of Defense Inspector General report regarding Guam 
realignment. 
Sec. 2827. Eligibility of the Commonwealth of the Northern Mariana Islands 
for military base reuse studies and community planning assist-
ance. 
Sec. 2828. Prevailing wage applicable to Guam. 
Sec. 2829. Port of Guam Improvement Enterprise Program. 
Subtitle D—Energy Security 
Sec. 2841. Certification of enhanced use leases for energy-related projects. 
Sec. 2842. Annual report on Department of Defense installations energy man-
agement. 
Subtitle E—Land Conveyances 
Sec. 2851. Land conveyance, former Naval Air Station, Alameda, California. 
Sec. 2852. Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk, 
California. 
Sec. 2853. Land conveyance, former Naval Station, Treasure Island, California. 
Sec. 2854. Condition on lease involving Naval Air Station, Barbers Point, Ha-
waii. 
Sec. 2855. Land conveyance, Sergeant First Class M.L. Downs Army Reserve 
Center, Springfield, Ohio. 
Sec. 2856. Land conveyance, John Sevier Range, Knox County, Tennessee. 
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Sec. 2857. Land conveyance, Bureau of Land Management land, Camp Wil-
liams, Utah. 
Sec. 2858. Land conveyance, Army property, Camp Williams, Utah. 
Sec. 2859. Extension of Potomac Heritage National Scenic Trail through Fort 
Belvoir, Virginia. 
Sec. 2860. Transfer of administrative jurisdiction, decommissioned Naval Secu-
rity Group Activity, Skaggs Island, California. 
Subtitle F—Other Matters 
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington 
National Cemetery. 
Sec. 2872. Decontamination and use of former bombardment area on island of 
Culebra. 
Sec. 2873. Acceptance and use of gifts for construction of additional building 
at National Museum of the United States Air Force, Wright- 
Patterson Air Force Base. 
Sec. 2874. Establishment of memorial to American Rangers at Fort Belvoir, 
Virginia. 
Sec. 2875. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Ha-
waii. 
Sec. 2876. Naming of health facility, Fort Rucker, Alabama. 
Subtitle A—Military Construction 
Program and Military Family 
Housing Changes 
SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAIN-
ABLE DESIGN IN DOCUMENTS SUBMITTED AS 
PART OF PROPOSED MILITARY CONSTRUC-
TION PROJECTS. 
(a) DEFINITION
OF
LIFE-CYCLE
COST-EFFEC-
TIVE.—Subsection (c) of section 2801 of title 10, United 
States Code, is amended— 
(1) by transferring paragraph (4) to appear as 
the first paragraph in the subsection and redesig-
nating such paragraph as paragraph (1); 
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(2) by redesignating the subsequent three para-
graphs as paragraphs (2), (4), and (5), respectively; 
and 
(3) by inserting after paragraph (2), as so re-
designated, the following new paragraph: 
‘‘(3) The term ‘life-cycle cost-effective’, with re-
spect to a project, product, or measure, means that 
the sum of the present values of investment costs, 
capital costs, installation costs, energy costs, oper-
ating costs, maintenance costs, and replacement 
costs, as estimated for the lifetime of the project, 
product, or measure, does not exceed the base case 
(current or standard) for the practice, product, or 
measure.’’. 
(b) INCLUSION.—Section 2802 of such title is amend-
ed by adding at the end the following new subsection: 
‘‘(c) In determining the scope of a proposed military 
construction project, the Secretary concerned shall submit 
to the President such recommendations as the Secretary 
considers to be appropriate regarding the incorporation 
and inclusion of life-cycle cost-effective practices as an ele-
ment in the project documents submitted to Congress in 
connection with the budget submitted pursuant to section 
1105 of title 31 for the fiscal year in which a contract 
is proposed to be awarded for the project.’’. 
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SEC. 2802. EXTENSION OF AUTHORITY TO USE OPERATION 
AND MAINTENANCE FUNDS FOR CONSTRUC-
TION 
PROJECTS 
OUTSIDE 
THE 
UNITED 
STATES. 
Section 2808(a) of the Military Construction Author-
ization Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1723), as amended by section 2810 
of the Military Construction Authorization Act for Fiscal 
Year 2005 (division B of Public Law 108–375; 118 Stat. 
2128), section 2809 of the Military Construction Author-
ization Act for Fiscal Year 2006 (division B of Public Law 
109–163; 119 Stat. 3508), section 2802 of the Military 
Construction Authorization Act for Fiscal Year 2007 (di-
vision B of Public Law 109–364; 120 Stat. 2466), and 
section 2801(a) of the Military Construction Authorization 
Act for Fiscal Year 2008 (division B of Public Law 110– 
181; 122 Stat. 538), is further amended by striking 
‘‘2008’’ and inserting ‘‘2009’’. 
SEC. 2803. REVISION OF MAXIMUM LEASE AMOUNT APPLI-
CABLE TO CERTAIN DOMESTIC ARMY FAMILY 
HOUSING LEASES TO REFLECT PREVIOUSLY 
MADE ANNUAL ADJUSTMENTS IN AMOUNT. 
Section 2828(b)(7)(A) of title 10, United States 
Code, is amended by striking ‘‘$18,620 per unit’’ and in-
serting ‘‘$35,000 per unit’’. 
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SEC. 2804. USE OF MILITARY FAMILY HOUSING CON-
STRUCTED UNDER BUILD AND LEASE AU-
THORITY TO HOUSE MEMBERS WITHOUT DE-
PENDENTS. 
(a) IN GENERAL.—Subchapter II of chapter 169 of 
title 10, United States Code, is amended by inserting after 
section 2835 the following new section: 
‘‘§ 2835a. Use of military family housing constructed 
under build and lease authority to house 
other members 
‘‘(a) INDIVIDUAL ASSIGNMENT OF MEMBERS WITH-
OUT DEPENDENTS.—(1) To the extent that the Secretary 
concerned determines that military family housing con-
structed and leased under section 2835 of this title is not 
needed to house members of the armed forces eligible for 
assignment to military family housing, the Secretary may 
assign, without rental charge, members without depend-
ents to the housing. 
‘‘(2) A member without dependents who is assigned 
to housing pursuant to paragraph (1) shall be considered 
to be assigned to quarters pursuant to section 403(e) of 
title 37. 
‘‘(b) CONVERSION TO LONG-TERM LEASING OF MILI-
TARY UNACCOMPANIED HOUSING.—(1) If the Secretary 
concerned determines that military family housing con-
structed and leased under section 2835 of this title is ex-
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cess to the long-term needs of the family housing program 
of the Secretary, the Secretary may convert the lease con-
tract entered into under subsection (a) of such section into 
a long-term lease of military unaccompanied housing. 
‘‘(2) The term of the lease contract for military unac-
companied housing converted from military family housing 
under paragraph (1) may not exceed the remaining term 
of the lease contract for the family housing so converted. 
‘‘(c) NOTICE AND WAIT REQUIREMENTS.—(1) The 
Secretary concerned may not convert military family hous-
ing to military unaccompanied housing under subsection 
(b) until— 
‘‘(A) the Secretary submits to the congressional 
defense committees a notice of the intent to under-
take the conversion; and 
‘‘(B) a period of 21 days has expired following 
the date on which the notice is received by the com-
mittees or, if earlier, a period of 14 days has expired 
following the date on which a copy of the notice is 
provided in an electronic medium pursuant to sec-
tion 480 of this title. 
‘‘(2) The notice required by paragraph (1) shall in-
clude— 
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‘‘(A) an explanation of the reasons for the con-
version of the military family housing to military un-
accompanied housing; 
‘‘(B) a description of the long-term lease to be 
converted; 
‘‘(C) amounts to be paid under the lease; and 
‘‘(D) the expiration date of the lease. 
‘‘(d) APPLICATION
TO HOUSING LEASED UNDER 
FORMER AUTHORITY.—This section also shall apply to 
housing initially acquired or constructed under the former 
section 2828(g) of this title (commonly known as the 
‘Build to Lease program’), as added by section 801 of the 
Military Construction Authorization Act, 1984 (Public 
Law 98–115; 97 Stat 782).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by insert-
ing after the item relating to section 2835 the following 
new item: 
‘‘2835a. Use of military family housing constructed under build and lease au-
thority to house other members.’’. 
SEC. 2805. LEASE OF MILITARY FAMILY HOUSING TO THE 
SECRETARY OF DEFENSE FOR USE AS RESI-
DENCE. 
(a) LEASE OF HOUSING AUTHORIZED .—Subchapter 
II of chapter 169 of title 10, United States Code, is 
amended by adding at the end the following new section: 
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‘‘§ 2838. Lease of military family housing to the Sec-
retary of Defense for use as residence 
‘‘(a) LEASE AUTHORIZED.—The Secretary of a mili-
tary department may lease military family housing in the 
National Capital Region (as such term is defined in sec-
tion 2674 of this title) to the person serving as the Sec-
retary of Defense for the purpose of permitting the person 
to use the housing as a personal residence while the person 
is serving as Secretary of Defense. In determining the unit 
of military family housing to lease under this section, the 
Secretary of Defense and the Secretaries of the military 
departments should first consider any units then available 
that are already substantially equipped for executive com-
munications and security. 
‘‘(b) RENTAL RATE.—A lease under subsection (a) 
of a unit of military family housing shall provide for the 
payment by the person serving as the Secretary of Defense 
of consideration in an amount equal to the higher of the 
following: 
‘‘(1) 105 percent of the monthly rate for the 
basic allowance for housing prescribed under section 
403(b) of title 37 for a member of the armed forces 
in the pay grade of 0–10, with dependents, assigned 
to duty at the military installation on which the 
housing unit is located. 
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‘‘(2) The assessed fair market value of the 
housing unit, offset by the security and infrastruc-
ture savings associated with housing the lessee on a 
military installation. 
‘‘(c) TREATMENT OF PROCEEDS.—(1) The Secretary 
of a military department shall deposit all money rentals 
received pursuant to a lease entered into by that Secretary 
under this section into a special account in the Treasury 
established for such military department. 
‘‘(2) The proceeds deposited into a special account 
of a military department pursuant to paragraph (1) shall 
be available to the Secretary of that military department, 
in such amounts as are provided in advance in appropria-
tion Acts, for maintenance, protection, alteration, repair, 
improvement, or restoration of military housing on the in-
stallation at which the housing leased pursuant to sub-
section (a) is located.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by adding 
at the end the following new item: 
‘‘2838. Lease of military family housing to the Secretary of Defense for use as 
residence.’’. 
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SEC. 2806. REPEAL OF REPORTING REQUIREMENT IN CON-
NECTION 
WITH 
INSTALLATION 
VULNER-
ABILITY ASSESSMENTS. 
Section 2859 of title 10, United States Code, is 
amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as sub-
section (c). 
SEC. 2807. MODIFICATION OF ALTERNATIVE AUTHORITY 
FOR ACQUISITION AND IMPROVEMENT OF 
MILITARY HOUSING. 
(a) PARTNERSHIP WITH ELIGIBLE ENTITY RE-
QUIRED.—Section 2871(5) of title 10, United States 
Code, is amended by inserting before the period at the 
end the following: ‘‘that is prepared to enter into a con-
tract as a partner with the Secretary concerned for the 
construction of military housing units and ancillary sup-
porting facilities’’. 
(b) BONDING REQUIREMENTS FOR ELIGIBLE ENTI-
TIES.—Section 2872 of such title is amended— 
(1) by inserting ‘‘(a) AVAILABILITY OF ALTER-
NATIVE AUTHORITIES.—’’ before ‘‘In addition’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) BONDING REQUIREMENTS FOR ELIGIBLE ENTI-
TIES.—The Secretary concerned shall ensure that an eligi-
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ble entity that will acquire or construct housing units or 
ancillary supporting facilities under this subchapter is 
fully bonded for the construction of the units or facilities 
by obtaining payment and performance bonds in an 
amount not less than 100 percent of the maximum price 
allowable under the contract for the overall project.’’. 
(c) COMPETITIVE PROCESS
FOR CONVEYANCE
OR 
LEASE
OF PROPERTY.—Section 2878 of such title is 
amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e); respectively; and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) COMPETITIVE PROCESS.—The Secretary con-
cerned shall ensure that the time, method, and terms and 
conditions of the conveyance or lease of property or facili-
ties under this section permit full and free competition 
consistent with the value and nature of the property or 
facilities involved.’’. 
(d) TREATMENT OF ACQUIRED OR CONSTRUCTED 
HOUSING UNITS.— 
(1) REPEAL
OF
SEPARATE
ASSIGNMENT
AU-
THORITY.—Section 2882 of such title is amended to 
read as follows: 
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‘‘§ 2882. Effect of assignment of members to housing 
units acquired or constructed under al-
ternative authority 
‘‘(a) TREATMENT AS QUARTERS OF THE UNITED 
STATES.—Except as provided in subsection (b), housing 
units acquired or constructed under this subchapter shall 
be considered as quarters of the United States or a hous-
ing facility under the jurisdiction of a uniformed service 
for purposes of section 403 of title 37. 
‘‘(b) AVAILABILITY
OF
BASIC
ALLOWANCE
FOR 
HOUSING.—A member of the armed forces who is as-
signed to a housing unit acquired or constructed under 
this subchapter that is not owned or leased by the United 
States shall be entitled to a basic allowance for housing 
under section 403 of title 37. 
‘‘(c) LEASE
PAYMENTS
THROUGH
PAY
ALLOT-
MENTS.—The Secretary concerned may require members 
of the armed forces who lease housing in housing units 
acquired or constructed under this subchapter to make 
lease payments for such housing pursuant to allotments 
of the pay of such members under section 701 of title 
37.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter IV of chapter 
169 of such title is amended by striking the item re-
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lating to section 2882 and inserting the following 
new item: 
‘‘2882. Effect of assignment of members to housing units acquired or con-
structed under alternative authority.’’. 
(e) ANNUAL REPORT ON MAINTENANCE AND REPAIR 
TO PRIVATIZED GENERAL AND FLAG OFFICER QUAR-
TERS.—Section 2884(b) of such title is amended by add-
ing at the end the following new paragraph: 
‘‘(7) A report identifying each family housing 
unit acquired or constructed under this subchapter 
that is used, or intended to be used, as quarters for 
a general officer or flag officer and for which the 
total operation, maintenance, and repair costs for 
the unit exceeded $35,000. For each housing unit so 
identified, the report shall also include the total of 
such operation, maintenance, and repair costs.’’. 
SEC. 2808. REPORT ON CAPTURING HOUSING PRIVATIZA-
TION BEST PRACTICES. 
Section 2884(b) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(7) A separate report on best practices for the 
execution of housing privatization initiatives, cov-
ering the full range of issues that arise throughout 
the life of the project, from the identification of re-
quirements, through construction, to sustainment of 
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