335
Air Force: Unspecified Worldwide—Continued
Location
Installation
Amount
Total ..............................................
$32,562,000
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, for the purposes, and in the amounts set
forth in the following table:
Air Force: Family Housing
State or Country
Installation or loca-
tion
Purpose
Amount
Arizona ............................
Luke Air Force Base ......
140 Units .........
$18,954,000
California ........................
Travis Air Force Base ...
110 Units .........
$24,320,000
Colorado ..........................
Peterson Air Force Base
2 Units .............
$959,000
United States Air Force
Academy .....................
71 Units ...........
$12,424,000
Delaware .........................
Dover Air Force Base ....
112 Units .........
$19,615,000
Florida ............................
Eglin Air Force Base ....
Housing Office
$597,000
Eglin Air Force Base ....
134 Units .........
$15,906,000
MacDill Air Force Base
96 Units ...........
$18,086,000
Hawaii ............................
Hickam Air Force Base
96 Units ...........
$29,050,000
Idaho ...............................
Mountain Home Air
Force Base ..................
95 Units ...........
$24,392,000
Kansas .............................
McConnell Air Force
Base ............................
Housing Main-
tenance Fa-
cility .............
$1,514,000
Maryland ........................
Andrews Air Force Base
53 Units ...........
$9,838,000
Andrews Air Force Base
52 Units ...........
$8,807,000
Mississippi ......................
Columbus Air Force
Base ............................
Housing Office
$412,000
Keesler Air Force Base ..
117 Units .........
$16,505,000
Missouri ..........................
Whiteman Air Force
Base ............................
97 Units ...........
$17,107,000
Montana ..........................
Malmstrom Air Force
Base ............................
18 Units ...........
$4,717,000
New Mexico .....................
Holloman Air Force
Base ............................
101 Units .........
$20,161,000
North Carolina ...............
Pope Air Force Base ......
Housing Main-
tenance Fa-
cility .............
$991,000
Seymour Johnson Air
Force Base ..................
126 Units .........
$18,615,000
North Dakota ..................
Grand Forks Air Force
Base ............................
150 Units .........
$30,140,000
Minot Air Force Base ....
112 Units .........
$21,428,000
336
Air Force: Family Housing—Continued
State or Country
Installation or loca-
tion
Purpose
Amount
Minot Air Force Base ....
102 Units .........
$20,315,000
Oklahoma ........................
Vance Air Force Base ....
59 Units ...........
$11,423,000
South Dakota ..................
Ellsworth Air Force
Base ............................
Housing Main-
tenance Fa-
cility .............
$447,000
Ellsworth Air Force
Base ............................
22 Units ...........
$4,794,000
Texas ...............................
Dyess Air Force Base ....
85 Units ...........
$14,824,000
Randolph Air Force
Base ............................
Housing Main-
tenance Fa-
cility .............
$447,000
Randolph Air Force
Base ............................
112 Units .........
$14,311,000
Virginia ...........................
Langley Air Force Base
Housing Office
$1,193,000
Germany .........................
Ramstein Air Force
Base ............................
19 Units ...........
$8,534,000
Korea ...............................
Osan Air Base ................
113 Units .........
$35,705,000
Osan Air Base ................
Housing Supply
Warehouse ....
$834,000
United Kingdom .............
Royal Air Force,
Lakenheath .................
Housing Office
and Mainte-
nance Facil-
ity .................
$2,203,000
Total ...............................
$429,568,000
(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 $34,188,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, Unites States Code,
and using amounts appropriated pursuant to the author-
ization of appropriations in section 2304(a)(6)(A), the Sec-
337
retary of the Air Force may improve existing military fam-
ily housing units in an amount not to exceed $217,286,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR
FORCE.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and mili-
tary family housing functions of the Department of the Air
Force in the total amount of $2,495,094,000, as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2301(a),
$580,731,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2301(b),
$238,251,000.
(3) For the military construction projects at un-
specified worldwide locations authorized by section
2301(c), $32,562,000.
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $11,500,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $76,958,000.
(6) For military housing functions:
338
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $681,042,000.
(B) For support of military family housing
(including functions described in section 2833 of
title 10, United States Code), $874,050,000.
(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).
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (6) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $10,281,000,
which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and
military family housing support outside the United States
and savings resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes.
339
TITLE XXIV—DEFENSE
AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2404(a)(1), the Secretary of Defense may acquire
real property and carry out military construction projects
for the installations and locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Missile Defense Agency ............
Kauai, Hawaii .....................................
$23,400,000
Defense Intelligence Agency .....
Bolling Air Force Base, District of
Columbia ...........................................
$121,958,000
Defense Logistics Agency .........
Columbus, Ohio ....................................
$5,021,000
Defense Supply Center, Richmond,
Virginia .............................................
$5,500,000
Naval Air Station, New Orleans, Lou-
isiana ................................................
$9,500,000
Travis Air Force Base, California ......
$16,000,000
Defense Threat Reduction
Agency ...................................
Fort Belvoir, Virginia ..........................
$76,388,000
Department of Defense De-
pendents Schools ..................
Fort Bragg, North Carolina ................
$2,036,000
Fort Jackson, South Carolina .............
$2,506,000
Marine Corps Base, Camp Lejeune,
North Carolina .................................
$12,138,000
Marine Corps Base, Quantico, Vir-
ginia ..................................................
$1,418,000
United States Military Academy,
West Point, New York ......................
$4,347,000
Fort Meade, Maryland .........................
$4,484,000
Joint Chiefs of Staff .................
Peterson Air Force Base, Colorado .....
$18,400,000
National Security Agency .......
Fort Bragg, North Carolina ................
$30,800,000
Special Operations Command
Hurlburt Field, Florida .......................
$11,100,000
Naval Amphibious Base, Little Creek,
Virginia .............................................
$14,300,000
TRICARE Management Activ-
ity ..........................................
Elmendorf Air Force Base, Alaska .....
$10,400,000
Hickam Air Force Base, Hawaii ........
$2,700,000
Total ..............................................
$372,396,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
340
tions in section 2404(a)(2), the Secretary of Defense may
acquire real property and carry out military construction
projects for the installations and locations outside the
United States, and in the amounts, set forth in the following
table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Logistics Agency .........
Andersen Air Force Base, Guam ........
$17,586,000
Naval 
Forces 
Marianas 
Islands,
Guam .................................................
$6,000,000
Naval Station, Rota, Spain ................
$23,400,000
Royal Air Force, Fairford, United
Kingdom ...........................................
$17,000,000
Yokota Air Base, Japan ......................
$23,000,000
Department of Defense De-
pendents Schools ..................
Kaiserslautern, Germany ....................
$957,000
Lajes Field, Azores, Portugal ..............
$1,192,000
Seoul, Korea ..........................................
$31,683,000
Supreme Headquarters, Allied Powers
Europe, Belgium ..............................
$1,573,000
Spangdahlem Air Base, Germany ......
$997,000
Vicenza, Italy ........................................
$2,117,000
TRICARE Management Activ-
ity ..........................................
Naval Support Activity, Naples, Italy
$41,449,000
Spangdahlem Air Base, Germany ......
$39,629,000
Total ..............................................
$206,583,000
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 author-
ization of appropriations in section 2404(a)(8)(A), the Sec-
retary of Defense may improve existing military family
housing units in an amount not to exceed $5,530,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2404(a)(4), the Sec-
retary of Defense may carry out energy conservation
341
projects under section 2865 of title 10, United States Code,
in the amount of $49,531,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE
AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2002, for military construction, land acquisition, and mili-
tary family housing functions of the Department of Defense
(other than the military departments) in the total amount
of $1,417,779,000, as follows:
(1) For military construction projects inside the
United 
States 
authorized 
by 
section 
2401(a),
$335,796,000.
(2) For military construction projects outside the
United 
States 
authorized 
by 
section 
2401(b),
$206,583,000.
(3) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$16,293,000.
(4) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $10,000,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $45,432,000.
342
(6) For energy conservation projects authorized
by section 2403 of this Act, $49,531,000.
(7) For base closure and realignment activities
as authorized by the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note), $545,138,000.
(8) For military family housing functions:
(A) For improvement of military family
housing and facilities, $5,480,000.
(B) For support of military family housing
(including functions described in section 2833 of
title 10, United States Code), $42,432,000.
(C) For credit to the Department of Defense
Housing Improvement Fund established by sec-
tion 2883(a) of title 10, United States Code, as
amended by section 2801 of this Act, $2,000,000.
(9) For payment of a claim against the Hospital
Replacement project at Elmendorf Air Force Base,
Alaska, $10,400,000.
(10) For the construction of phase 4 of an am-
munition demilitarization facility at Pueblo Chem-
ical Activity, Colorado, authorized by section 2401(a)
of the Military Construction Authorization Act for
Fiscal Year 1997 (division B of Public Law 104–201;
110 Stat. 2775), as amended by section 2406 of the
343
Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113
Stat. 839) and section 2407 of this Act, $38,000,000.
(11) For the construction of phase 5 of an am-
munition demilitarization facility at Newport Army
Depot, Indiana, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1999 (division B of Public Law 105–261; 112
Stat. 2193), as amended by section 2406 of this Act,
$61,494,000.
(12) For the construction of phase 5 of an am-
munition demilitarization facility at Aberdeen Prov-
ing Ground, Maryland, authorized by section 2401(a)
of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105–261;
112 Stat. 2193), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107–107; 115
Stat. 1299), $30,600,000.
(13) For the construction of phase 3 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
344
Military Construction Authorization Act for Fiscal
Year 2002 (division B of Public Law 107–107; 115
Stat. 1298) and section 2405 of this Act, $10,300,000.
(14) For the construction of phase 3 of an am-
munition demilitarization support 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), $8,300,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2401 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a); and
(2) $26,200,000 (the balance of the amount au-
thorized under section 2401(a) for the construction of
the Defense Threat Reduction Center, Fort Belvoir,
Virginia).
(c) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to paragraphs (1) through (14) of
subsection (a) is the sum of the amounts authorized to be
345
appropriated in such paragraphs, reduced by $42,833,000,
which represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction, military family housing construction, and
military family housing support outside the United States
and savings resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes.
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 2000 PROJECT.
(a) MODIFICATION.—The table in 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 for Fiscal Year 2002 (division B of Pub-
lic Law 107–107; 115 Stat. 1298), is further amended—
(1) under the agency heading relating to Chem-
ical Demilitarization, in the item relating to Blue
Grass 
Army 
Depot, 
Kentucky, 
by 
striking
‘‘$254,030,000’’ in the amount column and inserting
‘‘$290,325,000’’; and
(2) by striking the amount identified as the total
in the amount column and inserting ‘‘$748,245,000’’.
(b) CONFORMING AMENDMENT.—Section 2405(b)(3) of
that Act (113 Stat. 839), as so amended, is further amended
by striking ‘‘$231,230,000’’ and inserting ‘‘$267,525,000’’.
347
(1) under the agency heading relating to Chem-
ical Demilitarization Program, in the item relating
to Pueblo Chemical Activity, Colorado, by striking
‘‘$203,500,000’’ in the amount column and inserting
‘‘$261,000,000’’; and
(2) by striking the amount identified as the total
in the amount column and inserting ‘‘$607,454,000’’.
(b) CONFORMING AMENDMENT.—Section 2406(b)(2) of
that Act (110 Stat. 2779), as so amended, is further amend-
ed 
by 
striking 
‘‘$203,500,000’’ 
and 
inserting
‘‘$261,000,000’’.
TITLE 
XXV—NORTH 
ATLANTIC
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for
the North Atlantic Treaty Organization Security Invest-
ment program as provided in section 2806 of title 10,
United States Code, in an amount not to exceed the sum
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the
North Atlantic Treaty Organization as a result of construc-
tion previously financed by the United States.
348
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2002, for contribu-
tions by the Secretary of Defense under section 2806 of title
10, United States Code, for the share of the United States
of the cost of projects for the North Atlantic Treaty Organi-
zation Security Investment program authorized by section
2501, in the amount of $168,200,000.
TITLE XXVI—GUARD AND
RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) IN GENERAL.—There are authorized to be appro-
priated for fiscal years beginning after September 30, 2002,
for the costs of acquisition, architectural and engineering
services, and construction of facilities for the Guard and
Reserve Forces, and for contributions there for, under chap-
ter 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, $170,793,000; and
(B) for the Army Reserve, $86,789,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $66,971,000.
349
(3) For the Department of the Air Force—
(A) for the Air National Guard of the
United States, $119,266,000; and
(B) for the Air Force Reserve, $68,576,000.
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZA-
TIONS
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND
AMOUNTS REQUIRED TO BE SPECIFIED BY
LAW.
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVI for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment program
(and authorizations of appropriations therefor) shall expire
on the later of—
(1) October 1, 2005; or
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year
2006.
(b) EXCEPTION.—Subsection (a) shall not apply to au-
thorizations for military construction projects, land acqui-
sition, family housing projects, and facilities, and contribu-
350
tions to the North Atlantic Treaty Organization Security
Investment program (and authorizations of appropriations
therefor) for which appropriated funds have been obligated
before the later of—
(1) October 1, 2005; or
(2) the date of the enactment of an Act author-
ized funds for fiscal year 2005 for military construc-
tion projects, land acquisition, family housing
projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment
program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 2000 PROJECTS.
(a) EXTENSION
OF CERTAIN PROJECTS.—Notwith-
standing section 2701 of the Military Construction Author-
ization Act for Fiscal Year 2000 (division B of Public Law
106–65; 113 Stat. 841), authorizations set forth in the ta-
bles in subsection (b), as provided in section 2302 or 2601
of that Act, shall remain in effect until October 1, 2003,
or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2004, whichever is
later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
351
Air Force: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Oklahoma ........................
Tinker Air Force Base ..
Replace Family
Housing (41
Units) ...........
$6,000,000
Army National Guard: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Virginia ...........................
Fort Pickett ....................
Multi-Purpose
Range Com-
plex–Heavy ..
$13,500,000
(c) EXTENSION OF ADDITIONAL PROJECT.—Notwith-
standing any other provision of law, the authorization set
forth in the table in subsection (d), as provided in section
8160 of the Department of Defense Appropriations Act,
2000 (Public Law 106–79; 113 Stat. 1274), shall remain
in effect until October 1, 2003, or the date of the enactment
of an Act authorizing funds for military construction for
fiscal year 2004, whichever is later.
(d) 
TABLE
FOR
EXTENSION
OF
ADDITIONAL
PROJECT.—The table referred to in subsection (c) is as fol-
lows:
Army National Guard: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Pennsylvania ..................
Connellsville ...................
Readiness Cen-
ter .................
$1,700,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1999 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year
352
1999 (division B of Public Law 105–261; 112 Stat. 2199),
authorizations set forth in the table in subsection (b), as
provided in section 2302 of that Act and extended by section
2702 of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107–107; 115
Stat. 1301), shall remain in effect until October 1, 2003,
or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2004, whichever is
later.
(b) TABLE.—The table referred to in subsection (a) is
as follows:
Air Force: Extension of 1999 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Delaware .........................
Dover Air Force Base ....
Replace Family
Housing (55
Units) ...........
$8,988,000
Florida ............................
Patrick Air Force Base
Replace Family
Housing (46
Units) ...........
$9,692,000
New Mexico .....................
Kirtland Air Force Base
Replace Family
Housing (37
Units) ...........
$6,400,000
Ohio .................................
Wright-Patterson Air
Force Base ..................
Replace Family
Housing (40
Units) ...........
$5,600,000
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, 2002; or
(2) the date of the enactment of this Act.
353
TITLE XXVIII—GENERAL
PROVISIONS
Subtitle A—Military Construction
Program and Military Family
Housing Changes
SEC. 2801. CHANGES TO ALTERNATIVE AUTHORITY FOR AC-
QUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) AUTHORIZED UTILITIES AND SERVICES.—Section
2872a(b) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
‘‘(11) Firefighting and fire protection services.
‘‘(12) Police protection services.’’.
(b) LEASING OF HOUSING.—Subsection (a) of section
2874 of such title is amended to read as follows:
‘‘(a) LEASE AUTHORIZED.—(1) The Secretary con-
cerned may enter into contracts for the lease of housing
units that the Secretary determines are suitable for use as
military family housing or military unaccompanied hous-
ing.
‘‘(2) The Secretary concerned shall utilize housing
units leased under paragraph (1) as military family hous-
ing or military unaccompanied housing, as appropriate.’’.
(c) REPEAL OF INTERIM LEASE AUTHORITY.—Section
2879 of such title is repealed.
354
(d) SPACE LIMITATIONS
BY PAY GRADE.—Section
2880(b)(2) of such title is amended by striking ‘‘unless the
unit is located on a military installation’’.
(e) DEPARTMENT OF DEFENSE HOUSING FUND.—(1)
Section 2883 of such title is amended by striking sub-
sections (a), (b), and (c) inserting the following new sub-
sections (a) and (b):
‘‘(a) ESTABLISHMENT.—There is hereby established on
the books of the Treasury an account to be known as the
Department of Defense Housing Improvement Fund (in this
section referred to as the ‘Fund’).
‘‘(b) CREDITS TO FUND.—There shall be credited to the
Fund the following:
‘‘(1) Amounts authorized for and appropriated
to the Fund.
‘‘(2) Subject to subsection (e), any amounts that
the Secretary of Defense transfers, in such amounts as
are provided for in appropriation Acts, to the Fund
from amounts authorized and appropriated to the De-
partment of Defense for the acquisition or construc-
tion of military family housing or military unaccom-
panied housing.
‘‘(3) Proceeds from the conveyance or lease of
property or facilities under section 2878 of this title
for the purpose of carrying out activities under this
355
subchapter with respect to military family housing or
military unaccompanied housing.
‘‘(4) Income derived from any activities under
this subchapter with respect to military family hous-
ing or military unaccompanied housing, income and
gains realized from investments under section 2875 of
this title, and any return of capital invested as part
of such investments.
‘‘(5) Any amounts that the Secretary of the Navy
transfers to the Fund pursuant to section 2814(i)(3)
of this title, subject to the restrictions on the use of
the transferred amounts specified in that section.’’.
(2) Such section is further amended—
(A) by redesignating subsections (d) through (g)
as (c) through (f), respectively;
(B) in subsection (c), as so redesignated—
(i) in the subsection heading, by striking
‘‘FUNDS’’ and inserting ‘‘FUND’’;
(ii) in paragraph (1)—
(I) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsection (d)’’; and
(II) by striking ‘‘Department of De-
fense Family Housing Improvement Fund’’
and inserting ‘‘Fund’’;
(iii) by striking paragraph (2); and
356
(iv) by redesignating paragraph (3) as
paragraph (2);
(C) in subsection (d), as so redesignated, by
striking ‘‘required to be used to satisfy the obliga-
tion’’;
(D) in subsection (e), as so redesignated, by
striking ‘‘a Fund under paragraph (1)(B) or (2)(B)
of subsection (c)’’ and inserting ‘‘the Fund under sub-
section (b)(2)’’; and
(E) in subsection (f), as so redesignated—
(i) 
in 
paragraph 
(1), 
by 
striking
‘‘$850,000,000’’ and inserting ‘‘$1,700,000,000’’;
and
(ii) 
in 
paragraph 
(2), 
by 
striking
‘‘$150,000,000’’ and inserting ‘‘$300,000,000’’.
(f) TRANSFER OF UNOBLIGATED AMOUNTS.—(1) The
Secretary of Defense shall transfer to the Department of De-
fense Housing Improvement Fund established under section
2883(a) of title 10, United States Code (as amended by sub-
section (e)), any amounts in the Department of Defense
Family Housing Improvement Fund and the Department
of Defense Military Unaccompanied Housing Improvement
that remain available for obligation as of the date of the
enactment of this Act.
357
(2) Amounts transferred to the Department of Defense
Housing Improvement Fund under paragraph (1) shall be
merged with amounts in that Fund, and shall be available
for the same purposes, and subject to the same conditions
and limitations, as other amounts in that Fund.
(g) CONFORMING AMENDMENTS.—(1) Paragraph (3)
of section 2814(i) of such title is amended—
(A) by striking subparagraph (A) and inserting
the following new subparagraph (A):
‘‘(A) The Secretary may transfer funds from the Ford
Island Improvement Account to the Department of Defense
Housing Improvement Fund established by section 2883(a)
of this title.’’; and
(B) in subparagraph (B), by striking ‘‘a fund’’
and inserting ‘‘the Fund’’.
(2) Section 2871(6) of such title is amended by striking
‘‘Department of Defense Family Housing Improvement
Fund or the Department of Defense Military Unaccom-
panied Housing Improvement Fund’’ and inserting ‘‘De-
partment of Defense Housing Improvement Fund’’.
(3) Section 2875(e) of such title is amended by striking
‘‘Department of Defense Family Housing Improvement
Fund or the Department of Defense Military Unaccom-
panied Housing Improvement Fund’’ and inserting ‘‘De-
partment of Defense Housing Improvement Fund’’.
358
(h) CLERICAL AMENDMENTS.—(1) The section heading
for section 2874 of such title is amended to read as follows:
‘‘§ 2874. Leasing of housing’’.
(2) The section heading for section 2883 of such title
is amended to read as follows:
‘‘§ 2883. Department of Defense Housing Improvement
Fund’’.
(3) The table of sections at the beginning subchapter
IV of chapter 169 of such title is amended—
(A) by striking the item relating to section 2874
and inserting the following new item:
‘‘2874. Leasing of housing.’’;
(B) by striking the item relating to section 2879;
and
(C) by striking the item relating to section 2883
and inserting the following new item:
‘‘2883. Department of Defense Housing Improvement Fund.’’.
SEC. 2802. MODIFICATION OF AUTHORITY TO CARRY OUT
CONSTRUCTION PROJECTS AS PART OF ENVI-
RONMENTAL RESPONSE ACTION.
(a) AUTHORITY
TO
CARRY
OUT
UNAUTHORIZED
PROJECTS.—Subsection (a) of section 2810 of title 10,
United States Code, is amended to read as follows:
‘‘(a) AUTHORITY TO CARRY OUT UNAUTHORIZED CON-
STRUCTION
PROJECTS.—The Secretary concerned may
carry out a military construction project not otherwise au-
359
thorized by law if the Secretary determines that the project
is necessary to carry out a response under chapter 160 of
this title or the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).’’.
(b) CONGRESSIONAL NOTIFICATION.—Subsection (b) of
such section is amended by striking ‘‘(1)’’ and the first sen-
tence and inserting ‘‘CONGRESSIONAL NOTIFICATION.—(1)
When a decision is made to carry out a military construc-
tion project under this section that exceeds the amount spec-
ified in section 2805(b)(1) of this title, the Secretary con-
cerned shall submit a report in writing to the appropriate
committees of Congress on that decision.’’.
(c) DEFINITION.—Subsection (c) of such section is
amended—
(1) by inserting ‘‘RESPONSE DEFINED.—’’ after
‘‘(c)’’; and
(2) by striking ‘‘action’’.
SEC. 2803. LEASING OF MILITARY FAMILY HOUSING IN
KOREA.
Paragraph (3) of section 2828(e) of title 10, United
States Code, is amended to read as follows:
‘‘(3) In addition to the 450 units of family housing
referred to in paragraph (1) for which the maximum lease
360
amount is $25,000 per unit per year, the Secretary of the
Army may lease in Korea—
‘‘(A) not more than 1,175 units of family hous-
ing subject to that maximum lease amount; and
‘‘(B) not more than 2,400 units of family hous-
ing subject to a maximum lease amount of $35,000
per unit per year.’’.
SEC. 2804. PILOT HOUSING PRIVATIZATION AUTHORITY
FOR ACQUISITION OR CONSTRUCTION OF
MILITARY UNACCOMPANIED HOUSING.
(a) IN GENERAL.—(1) Subchapter IV of chapter 169
of title 10, United States Code, is amended by inserting
after section 2881 the following new section:
‘‘§ 2881a. Pilot projects for acquisition or construction
of military unaccompanied housing
‘‘(a) PILOT PROJECTS AUTHORIZED.—The Secretary
of the Navy may carry out not more than 3 pilot projects
under the authority of this section or another provision of
this subchapter to use the private sector for the acquisition
or construction of military unaccompanied housing in the
United States, including any territory or possession of the
United States.
‘‘(b) ASSIGNMENT OF MEMBERS AND BASIC ALLOW-
ANCE FOR HOUSING.—(1) The Secretary of the Navy may
assign members of the armed forces to housing units ac-
361
quired or constructed under the pilot projects, and such
housing units shall be considered as quarters of the United
States or a housing facility under the jurisdiction of a uni-
formed service for purposes of section 403 of title 37.
‘‘(2) Notwithstanding section 403(n)(2) of title 37, the
Secretary of Defense may set specific higher rates of partial
basic allowance for housing for a member of the armed
forces who is assigned to a housing unit acquired or con-
structed under the pilot projects. Any increase in the rate
of partial basic allowance for housing to accommodate the
pilot programs shall be in addition to any partial basic
allowance for housing that the member may otherwise be
eligible to receive under section 403(n) of title 37. A member
may not sustain a reduction in partial basic allowance for
housing as a result of assignment to a housing unit ac-
quired or constructed under the pilot projects.
‘‘(c) FUNDING.—(1) The Department of Defense Hous-
ing Improvement Fund shall be used to carry out activities
under the pilot projects.
‘‘(2) Subject to 90 days prior notification to the appro-
priate committees of Congress, such additional amounts as
the Secretary of Defense considers necessary may be trans-
ferred to the Department of Defense Housing Improvement
Fund from amounts appropriated for construction of mili-
tary unaccompanied housing projects in military construc-
362
tion accounts. The amounts so transferred shall be merged
with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to
the Fund.
‘‘(d) REPORTS.—(1) The Secretary of the Navy shall
transmit to the appropriate committees of Congress a report
describing—
‘‘(A) each contract for the acquisition of military
unaccompanied housing that the Secretary proposes
to solicit under the pilot projects;
‘‘(B) each conveyance or lease proposed under
section 2878 of this title in furtherance of the pilot
projects; and
‘‘(C) the proposed partial basic allowance for
housing rates for each contract as they vary by grade
of the member and how they compare to basic allow-
ance for housing rates for other contracts written
under the authority of the pilot programs.
‘‘(2) The report shall describe the proposed contract,
conveyance, or lease and the intended method of participa-
tion of the United States in the contract, conveyance, or
lease and provide a justification of such method of partici-
pation. The report shall be submitted not later than 90 days
before the date on which the Secretary issues the contract
solicitation or offers the conveyance or lease.
363
‘‘(e) EXPIRATION.—Notwithstanding section 2885 of
this title, the authority of the Secretary of the Navy to enter
into a contract under the pilot programs shall expire Sep-
tember 30, 2007.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by inserting after the item relating to
section 2881 the following new item:
‘‘2881a. Pilot projects for acquisition or construction of military unaccompanied
housing.’’.
(b) CONFORMING AMENDMENT.—Section 2871(7) of
title 10, United States Code, is amended by inserting before
the period at the end the following: ‘‘and transient housing
intended to be occupied by members of the armed forces on
temporary duty’’.
Subtitle B—Real Property and
Facilities Administration
SEC. 2811. AGREEMENTS WITH PRIVATE ENTITIES TO LIMIT
ENCROACHMENTS AND OTHER CONSTRAINTS
ON MILITARY TRAINING, TESTING, AND OPER-
ATIONS.
(a) IN GENERAL.—Chapter 159 of title 10, United
States Code, is amended by inserting after section 2684 the
following new section:
364
‘‘§ 2684a. Agreements to limit encroachments and
other constraints on military training,
testing, and operations
‘‘(a) AGREEMENTS AUTHORIZED.—The Secretary of a
military department may enter into an agreement with a
private entity described in subsection (b) to address the use
or development of real property in the vicinity of a military
installation for purposes of—
‘‘(1) limiting any development or use of the
property that would otherwise be incompatible with
the mission of the installation; or
‘‘(2) preserving habitat on the property in a
manner that is compatible with both—
‘‘(A) current or anticipated environmental
restrictions that would or might otherwise re-
strict, impede, or otherwise interfere, whether di-
rectly or indirectly, with current or anticipated
military training, testing, or operations on the
installation; and
‘‘(B) current or anticipated military train-
ing, testing, or operations on the installation.
‘‘(b) COVERED PRIVATE ENTITIES.—A private entity
referred to in subsection (a) is any private entity that has
as its stated principal organizational purpose or goal the
conservation, restoration, or preservation of land and nat-
366
‘‘(4) The Secretary concerned shall identify any prop-
erty or interests to be acquired pursuant to an agreement
under this section. The property or interests shall be limited
to the minimum property or interests necessary to ensure
that the property concerned is developed and used in a
manner appropriate for purposes of this section.
‘‘(5) Notwithstanding any other provision of law, the
Secretary concerned may accept on behalf of the United
States any property or interest to be transferred to the
United States under paragraph (1)(B).
‘‘(6) The Secretary concerned may, for purposes of the
acceptance of property or interests under this subsection,
accept an appraisal or title documents prepared or adopted
by a non-Federal entity as satisfying the applicable require-
ments of section 301 of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42
U.S.C. 4651) or section 355 of the Revised Statutes (40
U.S.C. 255) if the Secretary finds that the appraisal or title
documents substantially comply with the requirements.
‘‘(e) ACQUISITION OF WATER RIGHTS.—The authority
of the Secretary of a military department to enter into an
agreement under subsection (a) for the acquisition of real
property (or an interest therein) includes the authority to
support the purchase of water rights from any available
367
source when necessary to support or protect the mission of
a military installation.
‘‘(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary concerned may require such additional terms and
conditions in an agreement under this section as the Sec-
retary considers appropriate to protect the interests of the
United States.
‘‘(g) FUNDING.—(1) Except as provided in paragraph
(2), funds authorized to be appropriated for operation and
maintenance of the Army, Navy, Marine Corps, Air Force,
or Defense-wide activities, including funds authorized to be
appropriated for the Legacy Resources Management Pro-
gram, may be used to enter into agreements under this sec-
tion.
‘‘(2) In the case of a military installation operated
primarily with funds authorized to be appropriated for re-
search, development, test, and evaluation, funds authorized
to be appropriated for the Army, Navy, Marine Corps, Air
Force, or Defense-wide activities for research, development,
test, and evaluation may be used to enter into agreements
under this section with respect to the installation.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 2684 the following new item:
‘‘2684a. Agreements to limit encroachments and other constraints on military
training, testing, and operations.’’.
368
SEC. 2812. CONVEYANCE OF SURPLUS REAL PROPERTY FOR
NATURAL RESOURCE CONSERVATION PUR-
POSES.
(a) CONVEYANCE AUTHORITY.—(1) Chapter 159 of
title 10, United States Code, is amended by inserting after
section 2694 the following new section:
‘‘§ 2694a. Conveyance of surplus real property for nat-
ural resource conservation
‘‘(a) AUTHORITY TO CONVEY.—The Secretary of a
military department may convey to an eligible recipient de-
scribed in subsection (b) any surplus real property that—
‘‘(1) is under the administrative control of the
Secretary;
‘‘(2) is suitable and desirable for conservation
purposes;
‘‘(3) has been made available for public benefit
transfer for a sufficient period of time to potential
claimants; and
‘‘(4) is not subject to a pending request for trans-
fer to another Federal agency or for conveyance to
any other qualified recipient for public benefit trans-
fer under the real property disposal processes and au-
thorities established pursuant to the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
471, et seq.).
369
‘‘(b) ELIGIBLE RECIPIENTS.—The conveyance of sur-
plus real property under subsection (a) may be made to
any of the following:
‘‘(1) A State or political subdivision of a State.
‘‘(2) A nonprofit organization that exists for the
primary purpose of conservation of natural resources
on real property.
‘‘(c) REVISIONARY INTEREST AND OTHER DEED RE-
QUIREMENTS.—(1) The deed of conveyance of any surplus
real property conveyed under subsection (a) disposed of
under this subsection shall require the property to be used
and maintained for the conservation of natural resources
in perpetuity. If the Secretary of the military department
that made the conveyance determines at any time that the
property is not being used or maintained for such purpose,
then, at the option of the Secretary, all or any portion of
the property shall revert to the United States.
‘‘(2) The deed of conveyance may permit the recipient
of the property—
‘‘(A) to convey the property to another eligible
entity described in subsection (b), subject to the ap-
proval of the Secretary of the military department
370
that made the conveyance and subject to the same cov-
enants and terms and conditions as provided in the
deed from the United States; and
‘‘(B) to conduct incidental revenue-producing ac-
tivities on the property that are compatible with the
use of the property for conservation purposes.
‘‘(3) The deed of conveyance may contain such addi-
tional terms, reservations, restrictions, and conditions as
the Secretary of the military department considers appro-
priate to protect the interests of the United States.
‘‘(d) RELEASE OF COVENANTS.—The Secretary of the
military department that conveys real property under sub-
section (a), with the concurrence of the Secretary of Inte-
rior, may grant a release from a covenant included in the
deed of conveyance of the property under subsection (c) on
the condition that the recipient of the property pay the fair
market value, as determined by the Secretary of the mili-
tary department, of the property at the time of the release
of the covenant. The Secretary of the military department
may reduce the amount required to be paid under this sub-
section to account for the value of the natural resource con-
servation benefit that has accrued to the United States dur-
ing the period the covenant was in effect, if the benefit was
not taken into account in determining the original consid-
eration for the conveyance.
371
‘‘(e) LIMITATIONS.—A conveyance under subsection (a)
shall not be used in settlement of any litigation, dispute,
or claim against the United States, or as a condition of
allowing any defense activity under any Federal, State, or
local permitting or review process. The Secretary of a mili-
tary department may make a conveyance under subsection
(a), with the restrictions specified in subsection (c), to estab-
lish a mitigation bank, but only if the establishment of the
mitigation bank does not occur in order to satisfy any con-
dition for permitting military activity under a Federal,
State, or local permitting or review process.
‘‘(f) CONSIDERATION.—In fixing the consideration for
the conveyance of real property under subsection (a) or in
determining the amount of any reduction of the amount
to be paid for the release of a covenant under subsection
(d), the Secretary of the military department concerned
shall take into consideration any benefit that has accrued
or may accrue to the United States from the use of such
property for the conservation of natural resources.
‘‘(g) RELATION TO OTHER CONVEYANCE AUTHORI-
TIES.—(1) The Secretary of a military department may not
make a conveyance under this section of any real property
to be disposed of under a base closure law in a manner
that is inconsistent with the requirements and conditions
of the base closure law.
372
‘‘(2) In the case of real property on Guam, the Sec-
retary of a military department may not make a convey-
ance under this section unless the Government of Guam has
been first afforded the opportunity to acquire the real prop-
erty as authorized by section 1 of Public Law 106–504 (114
Stat. 2309).
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘State’ includes the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Marianas, and the terri-
tories and possessions of the United States.
‘‘(2) The term ‘base closure law’ means the following:
‘‘(A) Section 2687 of this title.
‘‘(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act of 1988 (10 U.S.C. 2687 note).
‘‘(C) The Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note).
‘‘(D) Any other similar authority for the
closure or realignment of military installations
that is enacted after the date of the enactment of
the National Defense Authorization Act for Fis-
cal Year 2003.’’.
373
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
2694 the following new item:
‘‘2694a. Conveyance of surplus real property for natural resource conservation.’’.
(b) ACCEPTANCE OF FUNDS TO COVER ADMINISTRA-
TIVE EXPENSES.—Section 2695(b) of such title is amended
by adding at the end the following new paragraph:
‘‘(5) The conveyance of real property under sec-
tion 2694a of this title.’’.
(c) AGREEMENTS WITH NONPROFIT NATURAL RE-
SOURCE CONSERVATION ORGANIZATIONS.—Section 2701(d)
of such title is amended—
(1) in paragraph (1), by striking ‘‘with any
State or local government agency, or with any Indian
tribe,’’ and inserting ‘‘any State or local government
agency, any Indian tribe, or any nonprofit conserva-
tion organization’’; and
(2) by striking paragraph (3) and inserting the
following new paragraph:
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘Indian tribe’ has the mean-
ing given such term in section 101(36) of Com-
prehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C.
9601(36)).
374
‘‘(B) The term ‘nonprofit conservation orga-
nization’ means any non-governmental nonprofit
organization whose primary purpose is conserva-
tion of open space or natural resources.’’.
SEC. 
2813. 
NATIONAL 
EMERGENCY 
EXEMPTION 
FROM
SCREENING AND OTHER REQUIREMENTS OF
MCKINNEY-VENTO 
HOMELESS 
ASSISTANCE
ACT FOR PROPERTY USED IN SUPPORT OF
RESPONSE ACTIVITIES.
Section 501 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11411) is amended—
(1) by redesignating subsection (i) as subsection
(j); and
(2) by inserting after subsection (h) the following
new subsection (i):
‘‘(i) APPLICABILITY TO CERTAIN PROPERTY DURING
EMERGENCIES.—The screening requirements and other pro-
visions of this section shall not apply to any property that
is excess property or surplus property or that is described
as unutilized or underutilized property if the property is
subject to a request for conveyance or use for the purpose
of directly supporting activities in response to—
‘‘(1) a war or national emergency declared in
accordance with the National Emergencies Act (50
U.S.C. 1601 et seq.); or
375
‘‘(2) an emergency or major disaster declared in
accordance with the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et
seq.).’’.
SEC. 2814. DEMONSTRATION PROGRAM ON REDUCTION IN
LONG-TERM FACILITY MAINTENANCE COSTS.
(a) PROGRAM AUTHORIZED.—The Secretary of De-
fense may conduct a demonstration program to assess the
feasibility and desirability of including facility mainte-
nance requirements in construction contracts for military
construction projects for the purpose of determining whether
such requirements facilitate reductions in the long-term fa-
cility maintenance costs of the military departments.
(b) CONTRACTS.—Not more than 12 contracts may
contain requirements referred to in subsection (a) for the
purpose of the demonstration program under this section.
The demonstration program may only cover contracts en-
tered into on or after the date of the enactment of this Act.
(c) EFFECTIVE PERIOD OF REQUIREMENTS.—The ef-
fective period of a requirement referred to in subsection (a)
that is included in a contract for the purpose of the dem-
onstration program under this program may not exceed five
years.
(d) REPORTING REQUIREMENTS.—Not later than Jan-
uary 31, 2005, the Secretary of Defense shall submit to Con-
376
gress a report on the demonstration program authorized by
this section and the related Department of the Army dem-
onstration program authorized by section 2814 of the Mili-
tary Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107–107; 115 Stat. 1310; 10
U.S.C. 2809 note), including the following:
(1) A description of all contracts entered into
under the demonstration programs.
(2) An evaluation of the demonstration programs
and a description of the experience of the Secretary
of Defense and the Secretary of the Army respect to
such contracts.
(3) 
Any 
recommendations, 
including 
rec-
ommendations for the termination, continuation, or
expansion of the demonstration programs, that the
Secretary of Defense or the Secretary of the Army
considers appropriate.
(e) EXPIRATION.—The authority under subsection (a)
to include requirements referred to in that subsection in
contracts under the demonstration program under this sec-
tion shall expire on September 30, 2006.
(f) FUNDING.—Amounts authorized to be appropriated
for a fiscal year for military construction shall be available
for the demonstration program under this section in such
fiscal year.
377
(g) CONFORMING AMENDMENT.—Section 2814 of the
Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107–107; 115 Stat. 1310;
10 U.S.C. 2809 note) is amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
SEC. 2815. EXPANDED AUTHORITY TO TRANSFER PROPERTY
AT MILITARY INSTALLATIONS TO BE CLOSED
TO PERSONS WHO CONSTRUCT OR PROVIDE
MILITARY FAMILY HOUSING.
(a) 1988 LAW.—Section 204(e)(1) of the Defense Au-
thorization Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C. 2687 note) is
amended by striking the last sentence.
(b) 1990 LAW.—Section 2905(f)(1) 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 striking the last sentence.
378
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2821. LAND CONVEYANCES, LANDS IN ALASKA NO
LONGER REQUIRED FOR NATIONAL GUARD
PURPOSES.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey to an eligible entity described subsection
(b) all right, title, and interest of the United States in and
to any parcel of real property, including any improvements
thereon, in the State of Alaska described in subsection (c)
if the Secretary determines the conveyance would be in the
public interest.
(b) ELIGIBLE RECIPIENTS.—The following entities
shall be eligible to receive real property under subsection
(a):
(1) The State of Alaska.
(2) A governmental entity in the State of Alaska.
(3) A Native Corporation (as defined in section
3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)).
(4) The Metlakatla Indian Community.
(c) COVERED PROPERTY.—Subsection (a) applies to
real property located in the State of Alaska that—
(1) is under the jurisdiction of the Department
of the Army and, before December 2, 1980, was under
379
such jurisdiction for the use of the Alaska National
Guard;
(2) is located in a unit of the National Wildlife
Refuge System designated in the Alaska National In-
terest Lands Conservation Act (Public Law 96–487;
16 U.S.C. 668dd note);
(3) is excess to the needs of the Alaska National
Guard and the Department of Defense; and
(4) the Secretary determines that—
(A) the anticipated cost to the United States
of retaining the property exceeds the value of
such property; or
(B) the condition of the property makes it
unsuitable for retention by the United States.
(d) CONSIDERATION.—The conveyance of real property
under this section shall, at the election of the Secretary, be
for no consideration or for consideration in an amount de-
termined by the Secretary to be appropriate under the cir-
cumstances.
(e) USE OF CONSIDERATION.—If consideration is re-
ceived for the conveyance of real property under subsection
(a), the Secretary may use the amounts received, in such
amounts as are provided in appropriations Acts, to pay
for—
380
(1) the cost of a survey described in subsection
(f) with respect to the property;
(2) the cost of carrying out any environmental
assessment, study, or analysis, and any remediation,
that may be required under Federal law, or is consid-
ered appropriate by the Secretary, in connection with
the property or the conveyance of the property; and
(3) any other costs incurred by the Secretary in
conveying the property.
(f) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of any 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 Sec-
retary may require such additional terms and conditions
in connection with a conveyance of real property under this
section as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2822. LAND CONVEYANCE, FORT CAMPBELL, KEN-
TUCKY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the City of
Hopkinsville, Kentucky, all right, title, and interest of the
United States in and to a parcel of real property at Fort
Campbell, Kentucky, consisting of approximately 50 acres
381
and containing an abandoned railroad spur for the purpose
of permitting the City to use the property for storm water
management, recreation, transportation, and other public
purposes.
(b) DESCRIPTION OF PROPERTY.—The acreage of the
real property to be conveyed under subsection (a) has been
determined by the Secretary through a legal description out-
lining such acreage. No further survey of the property before
transfer is necessary.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
the Secretary considers appropriate to protect the interests
of the United States.
SEC. 2823. LAND CONVEYANCE, ARMY RESERVE TRAINING
CENTER, BUFFALO, MINNESOTA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the Buffalo
Independent School District 877 of Buffalo, Minnesota (in
this section referred to as the ‘‘School District’’), all right,
title, and interest of the United States in and to a parcel
of real property, including improvements thereon, that is
located at 800 8th Street, N.E., in Buffalo, Minnesota, and
contains a former Army Reserve Training Center, which
382
is being used by the School District as the site of the Phoe-
nix Learning Center.
(b) 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 School District.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
the Secretary considers appropriate to protect the interests
of the United States.
SEC. 2824. LAND CONVEYANCE, FORT BLISS, TEXAS
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the County of
El Paso, Texas (in this section referred to as the ‘‘County’’),
all right, title, and interest of the United States in and to
a parcel of real property, including improvements thereon,
consisting of approximately 44 acres at Fort Bliss, Texas,
for the purpose of facilitating the construction by the State
of Texas of a nursing home for veterans of the Armed
Forces.
(b) REVERSIONARY INTEREST.—If, at the end of the
five-year period beginning on the date the Secretary makes
the conveyance under subsection (a), the Secretary deter-
383
mines that a nursing home for veterans is not in operation
on the conveyed real property, all right, title, and interest
in and to the property, including any improvements there-
on, shall revert 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 opportunity for a hear-
ing.
(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be borne
by the County.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
the Secretary considers appropriate to protect the interests
of the United States.
SEC. 2825. LAND CONVEYANCE, FORT HOOD, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to the Veterans
Land Board of the State of Texas (in this section referred
to as the ‘‘Board’’), all right, title, and interest of the
United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 174
384
acres at Fort Hood, Texas, for the purpose of permitting
the Board to establish a State-run cemetery for veterans.
(b) 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 Board.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
the Secretary considers appropriate to protect the interests
of the United States.
SEC. 2826. LAND CONVEYANCE, FORT MONMOUTH, NEW
JERSEY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey by sale all right, title, and interest of
the United States in and to a parcel of land, consisting
of approximately 63.95 acres of military family housing
known as Howard Commons, that comprises a portion of
Fort Monmouth, New Jersey.
(b) COMPETITIVE BID REQUIREMENT.—The Secretary
shall use competitive procedures for the sale authorized by
subsection (a).
(c) CONSIDERATION.—As consideration for the convey-
ance authorized under subsection (a), the recipient of the
385
land shall pay an amount that is no less than fair market
value, as determined by the Secretary. Such recipient may,
as in-kind consideration, build replacement military family
housing or rehabilitate existing military family housing at
Fort Monmouth, New Jersey, as agreed upon by the Sec-
retary. Any proceeds received by the Secretary not used to
construct or rehabilitate such military family housing shall
be deposited in the special account in the Treasury estab-
lished pursuant to section 204(h) of the Federal property
and Administrative Services Act of 1949 (40 U.S.C.
485(h)).
(d) DESCRIPTION OF PARCEL.—The exact acreage and
legal description of the parcel to be conveyed under sub-
section (a) shall be determined by a survey that is satisfac-
tory to the Secretary. The cost of the survey shall be borne
by the recipient of the parcel.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
the Secretary considers appropriate to protect the interests
of the United States.
386
PART II—NAVY CONVEYANCES
SEC. 2831. LAND CONVEYANCE, MARINE CORPS AIR STA-
TION, MIRAMAR, SAN DIEGO, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Navy may convey to the ENPEX Corporation, Incorporated
(in this section referred to as the ‘‘Corporation’’), all right,
title, and interest of the United States in and to a parcel
of real property, including any improvements thereon, at
Marine Corps Air Station Miramar, San Diego, California,
consisting of approximately 60 acres and appurtenant ease-
ments and any other necessary interests in real property
for the purpose of permitting the Corporation to use the
property for the production of electric power and related
ancillary activities.
(b) CONSIDERATION.—(1) As consideration for the con-
veyance under subsection (a), the Corporation shall—
(A) convey to the United States all right, title,
and interest of the Corporation in and to a parcel of
real property in the San Diego area that is suitable
for military family housing, as determined by the
Secretary; and
(B) if the parcel conveyed under subparagraph
(A) does not contain housing units suitable for use as
military family housing, design and construct such
military family housing units and supporting facili-
ties as the Secretary considers appropriate.
387
(2) The total combined value of the real property and
military family housing conveyed by the Corporation under
this subsection shall be at least equal to the fair market
value of the real property conveyed to the Secretary under
subsection (a), including any severance costs arising from
any diminution of the value or utility of other property
at Marine Corps Air Station Miramar attributable to the
prospective future use of the property conveyed under sub-
section (a).
(3) The Secretary shall determine the fair market
value of the real property to be conveyed under subsection
(a) and the fair market value of the consideration to be pro-
vided under this subsection. Such determinations shall be
final.
(c) REVERSIONARY INTEREST.—(1) Subject to para-
graph (2), if the Secretary determines at any time that the
property conveyed under subsection (a) is not being used
in accordance with the purpose of the conveyance specified
in such subsection, all right, title, and interest in and to
the property, including any improvements thereon, shall re-
vert, 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
opportunity for a hearing.
388
(2) If Marine Corps Air Station Miramar is no longer
used as a Federal aviation facility, paragraph (1) shall no
longer apply, and the Secretary shall release, without con-
sideration, the reversionary interest retained by the United
States under such paragraph.
(d) ADMINISTRATIVE EXPENSES.—(1) The Corpora-
tion shall make funds available to the Secretary to cover
costs to be incurred by the Secretary, or reimburse the Sec-
retary for costs incurred, to carry out the conveyance under
subsection (a), including survey costs, costs related to envi-
ronmental documentation, and other administrative costs
related to the conveyance. This paragraph does not apply
to costs associated with the removal of explosive ordnance
from the parcel and environmental remediation of the par-
cel.
(2) Section 2695(c) of title 10 United States Code,
shall apply to any amount received under paragraph (1).
If the amounts received in advance under such paragraph
exceed the costs actually incurred by the Secretary, the Sec-
retary shall refund the excess amount to the Corporation.
(e) DESCRIPTIONS OF PROPERTY.—The exact acreage
and legal descriptions of the real property to be conveyed
by the Secretary under subsection (a) and the property to
be conveyed by the Corporation under subsection (b) shall
be determined by a survey satisfactory to the Secretary.
389
(f) EXEMPTIONS.—Section 2696 of title 10, United
States Code, does not apply to the conveyance authorized
by subsection (a), and the authority to make the conveyance
shall not be considered to render the property excess or un-
derutilized.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyances authorized by this sec-
tion as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2832. BOUNDARY ADJUSTMENTS, MARINE CORPS
BASE, QUANTICO, AND PRINCE WILLIAM FOR-
EST PARK, VIRGINIA.
(a) BOUNDARY ADJUSTMENTS AND RELATED TRANS-
FERS.—(1) The Secretary of the Navy and the Secretary
of the Interior shall adjust the boundaries of Marine Corps
Base, Quantico, Virginia, and Prince William Forest Park,
Virginia, to conform to the boundaries depicted on the map
entitled ‘‘Map Depicting Boundary Adjustments Proposed
With March 10, 1998, MOU Between Prince William Forest
Park and Marine Corps Base Quantico’’.
(2) As part of the boundary adjustment, the Secretary
of the Navy shall transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of the Interior
approximately 352 acres of land, as depicted on the map,
390
and the Secretary of the Interior shall retain administrative
jurisdiction over approximately 1,034 acres of land, which
is a portion of the Department of Interior land commonly
known as the Quantico Special Use Permit Land.
(3) As part of the boundary adjustment, the Secretary
of the Interior shall transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of the Navy ap-
proximately 3398 acres of land, as depicted on the map.
(b) EFFECT OF SUBSEQUENT DETERMINATION PROP-
ERTY IS EXCESS.—(1) If land transferred or retained under
paragraph (2) or (3) of subsection (a) is subsequently deter-
mined to be excess to the needs of the Federal agency that
received or retained the land, the head of that Federal agen-
cy shall offer to return administrative jurisdiction over the
land, without reimbursement, to the Federal agency from
which the land was received or retained.
(2) If the offer under paragraph (1) is not accepted
within 90 days or is otherwise rejected, the head of the Fed-
eral agency holding the land may proceed to dispose of the
land under then current law and regulations governing the
disposal of excess property.
391
PART III—AIR FORCE CONVEYANCES
SEC. 2841. LAND CONVEYANCES, WENDOVER AIR FORCE
BASE AUXILIARY FIELD, NEVADA.
(a) CONVEYANCES AUTHORIZED TO WEST WENDOVER,
NEVADA.—(1) The Secretary of the Interior may convey,
without consideration, to the City of West Wendover, Ne-
vada, all right, title, and interest of the United States in
and to the following:
(A) The lands at Wendover Air Force Base Aux-
iliary Field, Nevada, identified in Easement No.
AFMC–HL–2–00–334 that are determined by the Sec-
retary of the Air Force to be no longer required for
Air Force purposes.
(B) The lands at Wendover Air Force Base Aux-
iliary Field identified for disposition on the map en-
titled ‘‘West Wendover, Nevada–Excess’’, dated Janu-
ary 5, 2001, that are determined by the Secretary of
the Air Force to be no longer required for Air Force
purposes.
(2) The purposes of the conveyances under this sub-
section are—
(A) to permit the establishment and maintenance
of runway protection zones; and
(B) to provide for the development of an indus-
trial park and related infrastructure.
392
(3) The map referred to in paragraph (1)(B) shall be
on file and available for public inspection in the offices of
the Director of the Bureau of Land Management and the
Elko District Office of the Bureau of Land Management.
(b) CONVEYANCE AUTHORIZED TO TOOELE COUNTY,
UTAH.—(1) The Secretary of the Interior may convey,
without consideration, to Tooele County, Utah, all right,
title, and interest of the United States in and to the lands
at Wendover Air Force Base Auxiliary Field identified in
Easement No. AFMC–HL–2–00–318 that are determined
by the Secretary of the Air Force to be no longer required
for Air Force purposes.
(2) The purpose of the conveyance under this sub-
section is to permit the establishment and maintenance of
runway protection zones and an aircraft accident potential
protection zone as necessitated by continued military air-
craft operations at the Utah Test and Training Range.
(c) PHASED CONVEYANCES.—The land conveyances
authorized by subsections (a) and (b) may be conducted in
phases. To the extent practicable, the first phase of the con-
veyances should involve at least 3,000 acres.
(d) MANAGEMENT OF CONVEYED LANDS.—The lands
conveyed under subsections (a) and (b) shall be managed
by the City of West Wendover, Nevada, City of Wendover,
Utah, Tooele County, Utah, and Elko County, Nevada—
393
(1) in accordance with the provisions of an
Interlocal Memorandum of Agreement entered into be-
tween the Cities of West Wendover, Nevada, and
Wendover, Utah, Tooele County, Utah, and Elko
County, Nevada, providing for the coordinated man-
agement and development of the lands for the eco-
nomic benefit of both communities; and
(2) in a manner that is consistent with such pro-
visions of the easements referred to subsections (a)
and (b) that, as jointly determined by the Secretary
of the Air Force and Secretary of the Interior, remain
applicable and relevant to the operation and manage-
ment of the lands following conveyance and are con-
sistent with the provisions of this section.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Air Force and the Secretary of the Interior
may jointly require such additional terms and conditions
in connection with the conveyances required by subsections
(a) and (b) as the Secretaries consider appropriate to pro-
tect the interests of the United States.
394
Subtitle D—Other Matters
SEC. 2861. EASEMENT FOR CONSTRUCTION OF ROADS OR
HIGHWAYS, MARINE CORPS BASE, CAMP PEN-
DLETON, CALIFORNIA.
Section 2851(a) of the Military Construction Author-
ization Act for Fiscal Year 1999 (division B of Public Law
105–261; 112 Stat. 2219), as amended by section 2867 of
the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107–107; 115 Stat. 1334) is amended
in the first sentence by striking ‘‘easement to construct’’ and
all that follows through the period at the end and inserting
‘‘easement to construct, operate, and maintain a restricted
access highway, notwithstanding any provision of State law
that would otherwise prevent the Secretary from granting
the easement or the Agency from constructing, operating,
or maintaining the restricted access highway.’’.
SEC. 2862. SALE OF EXCESS TREATED WATER AND WASTE-
WATER 
TREATMENT 
CAPACITY, 
MARINE
CORPS BASE, CAMP LEJEUNE, NORTH CARO-
LINA.
(a) SALE AUTHORIZED.—The Secretary of the Navy
may provide to Onslow County, North Carolina, or any au-
thority or political subdivision organized under the laws
of North Carolina to provide public water or sewage services
in Onslow County (in this section referred to as the ‘‘Coun-
395
ty’’), treated water and wastewater treatment services from
facilities at Marine Corps Base, Camp Lejeune, North Caro-
lina, if the Secretary determines that the provision of these
utility services is in the public interest and will not inter-
fere with current or future operations at Camp Lejeune.
(b) INAPPLICABILITY OF CERTAIN REQUIREMENTS.—
Section 2686 of title 10, United States Code, shall not apply
to the provision of public water or sewage services author-
ized by subsection (a).
(c) CONSIDERATION.—As consideration for the receipt
of public water or sewage services under subsection (a), the
County shall pay to the Secretary an amount (in cash or
in kind) equal to the fair market value of the services.
Amounts received in cash shall be credited to the base oper-
ation and maintenance accounts of Camp Lejeune.
(d) EXPANSION.—The Secretary may make minor ex-
pansions and extensions and permit connections to the pub-
lic water or sewage systems of the County in order to fur-
nish the services authorized under subsection (a). The Sec-
retary shall restrict the provision of services to the County
to those areas in the County where residential development
would be compatible with current and future operations at
Camp Lejeune.
(e) ADMINISTRATIVE EXPENSES.—The Secretary may
require the County to reimburse the Secretary for the costs
396
incurred by the Secretary to provide public water or sewage
services to the County under subsection (a).
(2) Section 2695(c) of title 10 United States Code,
shall apply to any amount received under this subsection.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the provision of public water or sewage
services under this section as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 2863. RATIFICATION OF AGREEMENT REGARDING
ADAK NAVAL COMPLEX, ALASKA, AND RE-
LATED LAND CONVEYANCES.
(a) RATIFICATION
OF AGREEMENT.—The document
entitled the ‘‘Agreement Concerning the Conveyance of
Property at the Adak Naval Complex’’, and dated Sep-
tember 20, 2000, executed by the Aleut Corporation, the De-
partment of the Interior, and the Department of the Navy,
together with any technical amendments or modifications
to the boundaries that may be agreed to by the parties, is
hereby ratified, confirmed, and approved and the terms,
conditions, procedures, covenants, reservations, indemnities
and other provisions set forth in the Agreement are declared
to be obligations and commitments of the United States as
a matter of Federal law. Modifications to the maps and
legal descriptions of lands to be removed from the National
397
Wildlife Refuge System within the military withdrawal on
Adak Island set forth in Public Land Order 1949 may be
made only upon agreement of all Parties to the Agreement
and notification given to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate. The acreage conveyed to
the United States by the Aleut Corporation under the Agree-
ment, as modified, shall be at least 36,000 acres.
(b) REMOVAL OF LANDS FROM REFUGE.—Effective on
the date of conveyance to the Aleut Corporation of the Adak
Exchange Lands as described in the Agreement, all such
lands shall be removed from the National Wildlife Refuge
System and shall neither be considered as part of the Alaska
Maritime National Wildlife Refuge nor subject to any laws
pertaining to lands within the boundaries of the Alaska
Maritime National Wildlife Refuge. The conveyance restric-
tions imposed by section 22(g) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1621(g)) for land in the National
Wildlife Refuge System shall not apply. The Secretary shall
adjust the boundaries of the Refuge so as to exclude all in-
terests in lands and land rights, surface and subsurface, re-
ceived by the Aleut Corporation in accordance with this sec-
tion and the Agreement.
(c) RELATION TO ALASKA NATIVE CLAIMS SETTLE-
MENT ACT.—Lands and interests therein exchanged and
398
conveyed by the United States pursuant to this section shall
be considered and treated as conveyances of lands or inter-
ests therein under the Alaska Native Claims Settlement Act,
except that receipt of such lands and interests therein shall
not constitute a sale or disposition of land or interests re-
ceived pursuant to such Act. The public easements for access
to public lands and waters reserved pursuant to the Agree-
ment are deemed to satisfy the requirements and purposes
of section 17(b) of the Alaska Native Claims Settlement Act.
(d) REACQUISITION AUTHORITY.—The Secretary of the
Interior is authorized to acquire by purchase or exchange,
on a willing seller basis only, any land conveyed to the
Aleut Corporation under the Agreement and this section.
In the event any of the lands are subsequently acquired by
the United States, they shall be automatically included in
the National Wildlife Refuge System. The laws and regula-
tions applicable to refuge lands shall then apply to these
lands and the Secretary shall then adjust the boundaries
accordingly.
(e) CONVEYANCE OF NAVY PERSONAL PROPERTY.—
Notwithstanding any other provision of law, and for the
purposes of the transfer of property authorized by this sec-
tion, Department of Navy personal property that remains
on Adak Island is deemed related to the real property and
shall be conveyed by the Department of the Navy to the
399
Aleut Corporation, at no additional cost, when the related
real property is conveyed by the Department of the Interior.
(f) ADDITIONAL CONVEYANCE.—The Secretary of the
Interior shall convey to the Aleut Corporation those lands
identified in the Agreement as the former landfill sites with-
out charge to the Aleut Corporation’s entitlement under the
Alaska Native Claims Settlement Act.
(g) VALUATION.—For purposes of section 21(c) of the
Alaska Native Claims Settlement Act, the receipt of all
property by the Aleut Corporation shall be entitled to a tax
basis equal to fair value on date of transfer. Fair value shall
be determined by replacement cost appraisal.
(h) CERTAIN PROPERTY TREATED AS NOT DEVEL-
OPED.—Any property, including, but not limited to, appur-
tenances and improvements, received pursuant to this sec-
tion shall, for purposes of section 21(d) of the Alaska Native
Claims Settlement Act and section 907(d) of the Alaska Na-
tional Interest Lands Conservation Act be treated as not
developed until such property is actually occupied, leased
(other than leases for nominal consideration to public enti-
ties) or sold by the Aleut Corporation, or, in the case of
a lease or other transfer by the Aleut Corporation to a whol-
ly owned development subsidiary, actually occupied, leased,
or sold by the subsidiary.
400
(i) CERTAIN LANDS UNAVAILABLE FOR SELECTION.—
Upon conveyance to the Aleut Corporation of the lands de-
scribed in Appendix A of the Agreement, the lands described
in Appendix C of the Agreement will become unavailable
for selection under the Alaska Native Claims Settlement
Act.
(j) MAPS.—The maps included as part of Appendix
A to the Agreement depict the lands to be conveyed to the
Aleut Corporation. The maps are on file at the Region 7
Office of the United States Fish and Wildlife Service and
the offices of the Alaska Maritime National Wildlife Refuge
in Homer, Alaska. The written legal descriptions of the
lands to be conveyed to the Aleut Corporation are also part
of Appendix A. In case of discrepancies, the maps shall con-
trol.
(k) DEFINITIONS.—In this section:
(1) The term ‘‘Agreement’’ means the agreement
ratified, confirmed, and approved under subsection
(a).
(2) The term ‘‘Aleut Corporation’’ means the
Alaskan Native Regional Corporation known as the
Aleut Corporation incorporated in the State of Alaska
pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.).
401
SEC. 2864. SPECIAL REQUIREMENTS FOR ADDING MILITARY
INSTALLATION TO CLOSURE LIST.
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), is amended—
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(2) by inserting after paragraph (3) the fol-
lowing new paragraph (4):
‘‘(4) LIMITATION ON AUTHORITY TO RECOMMEND
ADDITIONAL INSTALLATION FOR CLOSURE.—Notwith-
standing paragraph (3), the decision of the Commis-
sion to add a military installation to the Secretary’s
list of installations recommended for closure must be
unanimous, and at least two members of the Commis-
sion must have visited the installation during the pe-
riod of the Commission’s review of the list.’’.
402
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 Department of
Energy for fiscal year 2003 for the activities of the National
Nuclear Security Administration in carrying out programs
necessary for national security in the amount of
$8,034,349,000, to be allocated as follows:
(1) For weapons activities, $5,937,000,000.
(2) For defense nuclear nonproliferation activi-
ties, $1,074,630,000.
(3) For naval reactors, $706,790,000.
(4) For the Office of the Administrator for Nu-
clear Security, $315,929,000.
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—
From funds referred to in subsection (a) that are available
403
for carrying out plant projects, the Secretary may carry
out new plant projects as follows:
(1) For weapons activities, the following new
plant projects:
Project 03–D–101, Sandia underground re-
actor facility (SURF), Sandia National Labora-
tories, Albuquerque, New Mexico, $2,000,000.
Project 03–D–103, project engineering and
design, various locations, $15,539,000.
Project 03–D–121, gas transfer capacity ex-
pansion, Kansas City Plant, Kansas City, Mis-
souri, $4,000,000.
Project 03–D–122, prototype purification
facility, Y–12 plant, Oak Ridge, Tennessee,
$20,800,000.
Project 03–D–123, special nuclear materials
requalification, Pantex plant, Amarillo, Texas,
$3,000,000.
(2) For naval reactors, the following new plant
project:
Project 03–D–201, cleanroom technology fa-
cility, Bettis Atomic Power Laboratory, West
Mifflin, Pennsylvania, $7,200,000.
404
SEC. 3102. ENVIRONMENTAL AND OTHER DEFENSE ACTIVI-
TIES.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are
hereby authorized to be appropriated to the Department of
Energy for fiscal year 2003 for environmental restoration
and waste management activities and other defense activi-
ties in carrying out programs necessary for national secu-
rity in the amount of $7,366,510,000, to be allocated as fol-
lows:
(1) For defense environmental restoration and
waste management, $4,544,133,000.
(2) For defense environmental management
cleanup reform in carrying out environmental res-
toration and waste management activities necessary
for national security programs, $800,000,000.
(3) 
For 
defense 
facilities 
closure 
projects,
$1,091,314,000.
(4) For defense environmental management pri-
vatization, $158,399,000.
(5) For other defense activities in carrying out
programs 
necessary 
for 
national 
security,
$457,664,000.
(6) For defense nuclear waste disposal for pay-
ment to the Nuclear Waste Fund established in sec-
tion 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)), $315,000,000.
405
(b) AUTHORIZATION OF NEW PLANT PROJECT.—From
funds referred to in subsection (a) that are available for
carrying out plant projects, the Secretary may carry out,
for environmental restoration and waste management ac-
tivities, the following new plant project:
Project 03–D–403, immobilized high-level waste
interim storage facility, Richland, Washington,
$6,363,000.
Subtitle B—Department of Energy
National 
Security 
Authoriza-
tions General Provisions
SEC. 3120. SHORT TITLE; DEFINITIONS.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Department of Energy National Security Authorizations
General Provisions Act’’.
(b) DEFINITIONS.—In this subtitle:
(1) The term ‘‘DOE national security authoriza-
tion’’ means an authorization of appropriations for
activities of the Department of Energy in carrying
out programs necessary for national security.
(2) The term ‘‘congressional defense committees’’
means—
(A) the Committee on Armed Services and
the Committee on Appropriations of the Senate;
and
406
(B) the Committee on Armed Services and
the Committee on Appropriations of the House of
Representatives.
(3) The term ‘‘minor construction threshold’’
means $5,000,000.
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Except as provided in sections
3129 and 3130, the Secretary of Energy may not use
amounts appropriated pursuant to a DOE national secu-
rity authorization for a program—
(1) in amounts that exceed, in a fiscal year, the
amount authorized for that program by that author-
ization for that fiscal year; or
(2) which has not been presented to, or requested
of, Congress,
until the Secretary submits to the congressional defense
committees a report referred to in subsection (b) with re-
spect to that program and a period of 30 days has elapsed
after the date on which such committees receive the report.
(b) REPORT.—The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of the proposed action.
(c) COMPUTATION OF DAYS.—In the computation of
the 30-day period under subsection (a), there shall be ex-
407
cluded any day on which either House of Congress is not
in session because of an adjournment of more than three
days to a day certain.
(d) LIMITATIONS.—
(1) TOTAL
AMOUNT
OBLIGATED.—In no event
may the total amount of funds obligated pursuant to
a DOE national security authorization for a fiscal
year exceed the total amount authorized to be appro-
priated by that authorization for that fiscal year.
(2) PROHIBITED
ITEMS.—Funds appropriated
pursuant to a DOE national security authorization
may not be used for an item for which Congress has
specifically denied funds.
SEC. 3122. MINOR CONSTRUCTION PROJECTS.
(a) AUTHORITY.—Using operation and maintenance
funds or facilities and infrastructure funds authorized by
a DOE national security authorization, the Secretary of
Energy may carry out minor construction projects.
(b) ANNUAL REPORT.—The Secretary shall submit to
the congressional defense committees on an annual basis a
report on each exercise of the authority in subsection (a)
during the preceding fiscal year. Each report shall provide
a brief description of each minor construction project cov-
ered by the report.
408
(c) COST VARIATION REPORTS TO CONGRESSIONAL
COMMITTEES.—If, at any time during the construction of
any minor construction project authorized by a DOE na-
tional security authorization, the estimated cost of the
project is revised and the revised cost of the project exceeds
the minor construction threshold, the Secretary shall imme-
diately submit to the congressional defense committees a re-
port explaining the reasons for the cost variation.
(d) MINOR CONSTRUCTION PROJECT DEFINED.—In
this section, the term ‘‘minor construction project’’ means
any plant project not specifically authorized by law for
which the approved total estimated cost does not exceed the
minor construction threshold.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—
(1) CONSTRUCTION
COST
CEILING.—Except as
provided in paragraph (2), construction on a con-
struction project which is in support of national secu-
rity programs of the Department of Energy and was
authorized by a DOE national security authorization
may not be started, and additional obligations in
connection with the project above the total estimated
cost may not be incurred, whenever the current esti-
mated cost of the construction project exceeds by more
than 25 percent the higher of—
409
(A) the amount authorized for the project;
or
(B) the amount of the total estimated cost
for the project as shown in the most recent budg-
et justification data submitted to Congress.
(2) 
EXCEPTION
WHERE
NOTICE-AND-WAIT
GIVEN.—An action described in paragraph (1) may
be taken if—
(A) the Secretary of Energy has submitted
to the congressional defense committees a report
on the actions and the circumstances making
such action necessary; and
(B) a period of 30 days has elapsed after
the date on which the report is received by the
committees.
(3) COMPUTATION OF DAYS.—In the computation
of the 30-day period under paragraph (2), there shall
be excluded any day on which either House of Con-
gress is not in session because of an adjournment of
more than three days to a day certain.
(b) EXCEPTION FOR MINOR PROJECTS.—Subsection
(a) does not apply to a construction project with a current
estimated cost of less than the minor construction threshold.
410
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The
Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to a
DOE national security authorization to other Federal agen-
cies for the performance of work for which the funds were
authorized. Funds so transferred may be merged with and
be available for the same purposes and for the same time
period as the authorizations of the Federal agency to which
the amounts are transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—
(1) TRANSFERS PERMITTED.—Subject to para-
graph (2), the Secretary of Energy may transfer
funds authorized to be appropriated to the Depart-
ment of Energy pursuant to a DOE national security
authorization 
between 
any 
such 
authorizations.
Amounts of authorizations so transferred may be
merged with and be available for the same purposes
and for the same period as the authorization to which
the amounts are transferred.
(2) MAXIMUM AMOUNTS.—Not more than 5 per-
cent of any such authorization may be transferred be-
tween authorizations under paragraph (1). No such
authorization may be increased or decreased by more
than 5 percent by a transfer under such paragraph.
411
(c) LIMITATIONS.—The authority provided by this sub-
section to transfer authorizations—
(1) may be used only to provide funds for items
relating to activities necessary for national security
programs that have a higher priority than the items
from which the funds are transferred; and
(2) may not be used to provide funds for an item
for which Congress has specifically denied funds.
(d) NOTICE TO CONGRESS.—The Secretary of Energy
shall promptly notify the Committee on Armed Services of
the Senate and the Committee on Armed Services of the
House of Representatives of any transfer of funds to or from
any DOE national security authorization.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT OF CONCEPTUAL DESIGN.—
(1) IN GENERAL.—Subject to paragraph (2) and
except as provided in paragraph (3), before submit-
ting to Congress a request for funds for a construction
project that is in support of a national security pro-
gram of the Department of Energy, the Secretary of
Energy shall complete a conceptual design for that
project.
(2) 
REQUESTS
FOR
CONCEPTUAL
DESIGN
FUNDS.—If the estimated cost of completing a concep-
412
tual design for a construction project exceeds
$3,000,000, the Secretary shall submit to Congress a
request for funds for the conceptual design before sub-
mitting a request for funds for the construction
project.
(3) EXCEPTIONS.—The requirement in para-
graph (1) does not apply to a request for funds—
(A) for a construction project the total esti-
mated cost of which is less than the minor con-
struction threshold; or
(B) for emergency planning, design, and
construction activities under section 3126.
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—
(1) IN GENERAL.—Within the amounts author-
ized by a DOE national security authorization, the
Secretary of Energy may carry out construction de-
sign (including architectural and engineering serv-
ices) in connection with any proposed construction
project if the total estimated cost for such design does
not exceed $600,000.
(2) SPECIFIC
AUTHORITY
REQUIRED.—If the
total estimated cost for construction design in connec-
tion with any construction project exceeds $600,000,
funds for that design must be specifically authorized
by law.
413
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy pursuant
to a DOE national security authorization, including funds
authorized to be appropriated for advance planning, engi-
neering, and construction design, and for plant projects, to
perform planning, design, and construction activities for
any Department of Energy national security program con-
struction project that, as determined by the Secretary, must
proceed expeditiously in order to protect public health and
safety, to meet the needs of national defense, or to protect
property.
(b) LIMITATION.—The Secretary may not exercise the
authority under subsection (a) in the case of a construction
project until the Secretary has submitted to the congres-
sional defense committees a report on the activities that the
Secretary intends to carry out under this section and the
circumstances making those activities necessary.
(c) SPECIFIC AUTHORITY.—The requirement of section
3125(b)(2) does not apply to emergency planning, design,
and construction activities conducted under this section.
414
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriation Acts and
section 3121, amounts appropriated pursuant to a DOE
national security authorization for management and sup-
port activities and for general plant projects are available
for use, when necessary, in connection with all national se-
curity programs of the Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) IN GENERAL.—Except as provided in subsection
(b), amounts appropriated for operation and maintenance
or for plant projects may, when so specified in an appro-
priations Act, remain available until expended.
(b) EXCEPTION FOR NNSA FUNDS.—Amounts appro-
priated for the National Nuclear Security Administration
pursuant to a DOE national security authorization for a
fiscal year shall remain available to be expended—
(1) only until the end of that fiscal year, in the
case of amounts appropriated for the Office of the Ad-
ministrator for Nuclear Security; and
(2) only in that fiscal year and the two suc-
ceeding fiscal years, in all other cases.
415
SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MAN-
AGEMENT FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of Energy
shall provide the manager of each field office of the Depart-
ment of Energy with the authority to transfer defense envi-
ronmental management funds from a program or project
under the jurisdiction of that office to another such program
or project.
(b) LIMITATIONS.—
(1) NUMBER
OF
TRANSFERS.—Not more than
one transfer may be made to or from any program
or project under subsection (a) in a fiscal year.
(2) 
AMOUNTS
TRANSFERRED.—The 
amount
transferred to or from a program or project in any
one transfer under subsection (a) may not exceed
$5,000,000.
(3) DETERMINATION
REQUIRED.—A transfer
may not be carried out by a manager of a field office
under subsection (a) unless the manager determines
that the transfer is necessary—
(A) to address a risk to health, safety, or the
environment; or
(B) to assure the most efficient use of de-
fense environmental management funds at the
field office.
416
(4) IMPERMISSIBLE
USES.—Funds transferred
pursuant to subsection (a) may not be used for an
item for which Congress has specifically denied funds
or for a new program or project that has not been au-
thorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not apply
to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through the
Assistant Secretary of Energy for Environmental Manage-
ment, shall notify Congress of any transfer of funds pursu-
ant to subsection (a) not later than 30 days after such
transfer occurs.
(e) DEFINITIONS.—In this section—
(1) the term ‘‘program or project’’ means, with
respect to a field office of the Department of Energy,
a program or project that is for environmental res-
toration or waste management activities necessary for
national security programs of the Department, that is
being carried out by that office, and for which defense
environmental management funds have been author-
ized and appropriated; and
(2) the term ‘‘defense environmental management
funds’’ means funds appropriated to the Department
of Energy pursuant to an authorization for carrying
417
out environmental restoration and waste management
activities necessary for national security programs.
SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS.
(a) TRANSFER AUTHORITY FOR WEAPONS ACTIVITIES
FUNDS.—The Secretary of Energy shall provide the man-
ager of each field office of the Department of Energy with
the authority to transfer weapons activities funds from a
program or project under the jurisdiction of that office to
another such program or project.
(b) LIMITATIONS.—
(1) NUMBER
OF
TRANSFERS.—Not more than
one transfer may be made to or from any program
or project under subsection (a) in a fiscal year.
(2) 
AMOUNTS
TRANSFERRED.—The 
amount
transferred to or from a program or project in any
one transfer under subsection (a) may not exceed
$5,000,000.
(3) DETERMINATION
REQUIRED.—A transfer
may not be carried out by a manager of a field office
under subsection (a) unless the manager determines
that the transfer—
(A) is necessary to address a risk to health,
safety, or the environment; or
(B) will result in cost savings and effi-
ciencies.
418
(4) LIMITATION.—A transfer may not be carried
out by a manager of a field office under subsection (a)
to cover a cost overrun or scheduling delay for any
program or project.
(5) IMPERMISSIBLE
USES.—Funds transferred
pursuant to subsection (a) may not be used for an
item for which Congress has specifically denied funds
or for a new program or project that has not been au-
thorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not apply
to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through the
Administrator for Nuclear Security, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later
than 30 days after such transfer occurs.
(e) DEFINITIONS.—In this section—
(1) the term ‘‘program or project’’ means, with
respect to a field office of the Department of Energy,
a program or project that is for weapons activities
necessary for national security programs of the De-
partment, that is being carried out by that office, and
for which weapons activities funds have been author-
ized and appropriated; and
419
(2) the term ‘‘weapons activities funds’’ means
funds appropriated to the Department of Energy pur-
suant to an authorization for carrying out weapons
activities necessary for national security programs.
SEC. 3131. SCOPE OF AUTHORITY TO CARRY OUT PLANT
PROJECTS.
In carrying out programs necessary for national secu-
rity, the authority of the Secretary of Energy to carry out
plant projects includes authority for maintenance, restora-
tion, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto.
Subtitle 
C—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3141. ONE-YEAR EXTENSION OF PANEL TO ASSESS THE
RELIABILITY, SAFETY, AND SECURITY OF THE
UNITED STATES NUCLEAR STOCKPILE.
Section 3159 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (42 U.S.C. 2121
note) is amended—
(1) in subsection (d), by striking ‘‘February 1,
2002,’’ and inserting ‘‘February 1 of 2002 and
2003,’’; and
420
(2) in subsection (g), by striking ‘‘three years’’
and all that follows through the period at the end and
inserting ‘‘April 1, 2003.’’.
SEC. 3142. TRANSFER TO NATIONAL NUCLEAR SECURITY
ADMINISTRATION OF DEPARTMENT OF DE-
FENSE’S COOPERATIVE THREAT REDUCTION
PROGRAM RELATING TO ELIMINATION OF
WEAPONS GRADE PLUTONIUM IN RUSSIA.
(a) TRANSFER OF PROGRAM.—There are hereby trans-
ferred to the Administrator for Nuclear Security the fol-
lowing:
(1) The program, within the Cooperative Threat
Reduction program of the Department of Defense, re-
lating to the elimination of weapons grade plutonium
in Russia.
(2) All functions, powers, duties, and activities
of that program performed before the date of the en-
actment of this Act by the Department of Defense.
(b) TRANSFER OF ASSETS.—(1) So much of the prop-
erty, records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available,
or to be made available in connection with the program
transferred by subsection (a) are transferred to the Admin-
istrator for use in connection with the program transferred.
(2) Funds so transferred—
421
(A) shall be credited to the appropriation ac-
count of the Department of Energy for the activities
of the National Nuclear Security Administration in
carrying out defense nuclear nonproliferation activi-
ties; and
(B) remain subject to such limitations as applied
to such funds before such transfer.
(c) REFERENCES.—Any reference in any other Federal
law to the Secretary of Defense (or an officer of the Depart-
ment of Defense) or the Department of Defense shall, to the
extent such reference pertains to a function transferred by
this section, be deemed to refer to the Administrator for Nu-
clear Security or the National Nuclear Security Adminis-
tration, as applicable.
SEC. 3143. REPEAL OF REQUIREMENT FOR REPORTS ON OB-
LIGATION OF FUNDS FOR PROGRAMS ON
FISSILE MATERIALS IN RUSSIA.
Section 3131 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
617; 22 U.S.C. 5952 note) is amended—
(1) in subsection (a), by striking ‘‘(a) AUTHOR-
ITY.—’’; and
(2) by striking subsection (b).
422
SEC. 3144. ANNUAL CERTIFICATION TO THE PRESIDENT
AND CONGRESS ON THE CONDITION OF THE
UNITED STATES NUCLEAR WEAPONS STOCK-
PILE.
(a) CERTIFICATION REQUIRED.—(1) Not later than
January 15 of each year, each official specified in sub-
section (b)(1) shall submit to the Secretary concerned a cer-
tification regarding the safety, reliability, and performance
of each nuclear weapon type in the active stockpile of the
United States for which such official is responsible.
(2) Not later than February 1 of each year, the Sec-
retary of Defense and the Secretary of Energy shall each
submit to the President and the Congress—
(A) each certification, without change, submitted
under paragraph (1) to that Secretary;
(B) each report, without change, submitted under
subsection (d) to that Secretary;
(C) the comments of that Secretary with respect
to each such certification and each such report; and
(D) any other information that the Secretary
considers appropriate.
(b) COVERED OFFICIALS AND SECRETARIES.—(1) The
officials referred to in subsection (a) are the following:
(A) The head of each national security labora-
tory, as defined in section 3281 of the National Nu-
clear Security Administration Act (50 U.S.C. 2471).
423
(B) The commander of the United States Stra-
tegic Command.
(2) In this section, the term ‘‘Secretary concerned’’
means—
(A) the Secretary of Energy, with respect to mat-
ters concerning the Department of Energy; and
(B) the Secretary of Defense, with respect to
matters concerning the Department of Defense.
(c) USE OF ‘‘RED TEAMS’’ FOR LABORATORY CERTIFI-
CATIONS.—The head of each national security laboratory
shall, to assist in the certification process required by sub-
section (a), establish one or more teams of experts known
as ‘‘red teams’’. Each such team shall—
(1) subject to challenge the matters covered by
that laboratory’s certification, and submit the results
of such challenge, together with findings and rec-
ommendations, to the head of that laboratory; and
(2) carry out peer review of the certifications
carried out by the other laboratories, and submit the
results of such peer review to the head of the labora-
tory concerned.
(d) REPORT ACCOMPANYING CERTIFICATION.—Each
official specified in subsection (b)(1) shall submit with each
such certification a report on the stockpile stewardship and