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ed by inserting the following at the end thereof: ‘‘For
projects intended solely to correct a deficiency that is life-
threatening, health-threatening, or safety-threatening,
$1,000,000 or less may be spent from available operations
and maintenance appropriations.’’.
SEC. 2802. PLANNING AND DESIGN FUNDS FOR MILITARY
CONSTRUCTION PROJECTS.
Subsection (f)(1) of Section 18233 of title 10, United
States Code is amended by inserting ‘‘and design’’ imme-
diately following ‘‘planning’’.
Subtitle B—Real Property and
Facilities Administration
SEC. 2803. UTILITY PRIVATIZATION.
Section 2688 of title 10, United States Code, is
amended by adding at the end the following new para-
graphs:
‘‘(i) EXTENDED CONTRACTS
FOR UTILITY SERV-
ICES.—Notwithstanding section 201(a)(3) of the Federal
Property and Administrative Services Act (40 U.S.C.
481(a)(3)), the Secretary may, in connection with a con-
veyance of a utility system under this section, enter into
a contract for utility services for a period not to exceed
fifty years.
‘‘(j) FUNDING SOURCES.—Any Military Construction
funds authorized and appropriated for a construction, re-
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pair, or replacement project of a utility system may be
used, in place of such construction, repair, or replacement
project, to facilitate the conveyance of such utility system
under this section. Facilitating the conveyance of a utility
system shall only consist of contributing to the cost of con-
struction, repair, or replacement of the utility system by
the entity to which it is being conveyed. Any such con-
tribution shall be considered in the economic analysis re-
quired under subsection (e)(1).’’.
SEC. 2804. AUTHORITY TO CARRY OUT FORMER MILITARY
HOUSING PRIVATIZATION PROJECTS WITH
FUNDS TRANSFERRED TO FAMILY HOUSING
CONSTRUCTION.
(a) IN GENERAL.—Subchapter II of Chapter 169,
title 10, United States Code, is amended by inserting after
section 2837 the following new section:
‘‘§ 2838. Authority to carry out former military hous-
ing privatization projects
‘‘(a) AUTHORITY.—Subject to subsection (b), the
Secretary concerned may construct or acquire family hous-
ing units (including land acquisition) not otherwise au-
thorized if (1) Congress had previously appropriated funds
into the Family Housing Improvement Fund established
by section 2883(a)(1) of this title, for such housing units
and (2) funds for such units have been transferred, pursu-
167
ant to authority provided in an appropriations Act, from
the Family Housing Improvement Fund into a Family
Housing account.
‘‘(b) CONGRESSIONAL NOTIFICATION.—When a deci-
sion is made to construct or acquire family housing units
under this section, the Secretary concerned shall submit
a report in writing to the appropriate committees of Con-
gress on that decision. Each such report shall include (1)
the justification for the housing project and the current
estimate of the cost of the project; and (2) the justification
for carrying out the housing project under this section as
opposed to under the Military Housing Privatization Ini-
tiative (10 U.S.C. §§ 2871–2885). The housing project
may then be carried out only after the end of the 21-day
period beginning on the date the notification is received
by such committees.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such Subchapter is amended by insert-
ing after the item relating to section 2837 the following
new item:
‘‘2838. Authority to Carry Out Former Military Housing Privatization
Projects.’’.
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Subtitle C—Defense Base Closure
and Realignment
SEC. 2805. ESTABLISHMENT OF ENVIRONMENTAL RES-
TORATION ACCOUNTS FOR BASE CLOSURE
INSTALLATIONS AND FORMERLY USED DE-
FENSE SITES.
(a) ENVIRONMENTAL RESTORATION ACCOUNT FOR
FORMERLY USED DEFENSE SITES.—Section 2703 of title
10, United States Code, is amended by adding at the end
of subsection (a) the following new paragraph (5):
‘‘(5) An account to be known as the ‘‘Environ-
mental Restoration Account, Formerly Used Defense
Sites.’’.
(b) ENVIRONMENTAL RESTORATION ACCOUNT FOR
BASE CLOSURE INSTALLATIONS.—Section 2703 of title
10, United States Code, is amended—
(1) by adding at the end of subsection (a) the
following new paragraph (6):
‘‘(6) An account to be known as the ‘‘Environ-
mental Restoration Account, Base Realignment and
Closure.’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(f) BASE
REALIGNMENT
AND
CLOSURE
AC-
COUNT.—The Environmental Restoration Account, Base
169
Realignment and Closure shall be the exclusive source of
funds for carrying out environmental restoration and miti-
gation activities required as the result of a closure or re-
alignment of a military installation pursuant to a base clo-
sure law.
‘‘(g) BASE CLOSURE LAW DEFINED.—For purposes
of this section, the term ‘‘base closure law’’ means the fol-
lowing:
‘‘(1) The Defense Base Closure and Realign-
ment Act of 1990, as amended (Div. B. title XXIX
of Public Law 101–510; 10 U.S.C. § 2687 note).’’.
‘‘(2) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act, as amended (Public Law 100–526; 10 U.S.C.
§ 2687 note).’’.
(c) TRANSFER OF FUNDS.—The Secretary of De-
fense may transfer from the Department of Defense Base
Closure Account 1990, established in section 2906 of the
Defense Base Closure and Realignment Act of 1990, as
amended (Div. B. title XXIX of Public Law 101–510; 10
U.S.C. § 2687 note), into the Environmental Restoration
Account, Base Realignment and Closure, established in
subsection (b) of this provision, such amounts as he deter-
mines to be necessary in order to carry out activities de-
170
scribed in subsection 2703(f) of title 10, United States
Code, as added by this section.
(d) FUNDING OF ADMINISTRATIVE EXPENSES AND
TECHNICAL ASSISTANCE.—Section 2705(g) is amended to
read as follows:
‘‘(g) FUNDING.—(1) Except as provided in para-
graph (2), the accounts established in section 2703(a)
shall be available for administrative expenses and technical
assistance under this section.
‘‘(2) In the case of an installation approved for re-
alignment or closure under a base closure law, to the ex-
tent that such base closure law provides for the funding
of environmental restoration costs at such installation
from an account established for purposes of carrying out
base realignments and closures, such account shall also
be available for administrative expenses and technical as-
sistance under this section with respect to such installa-
tion.’’.
(e) CONFORMING AMENDMENT.—Section 2906(e) of
the Defense Base Closure and Realignment Act of 1990,
as amended (Div. B. title XXIX of Public Law 101–510;
10 U.S.C. § 2687 note) is repealed.
171
(f) EFFECTIVE DATE.—This section shall take effect
upon enactment, except that subsections (b), (c), and (e)
shall become effective on October 1, 2000.
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