562
(e) DEFINITIONS.—In this section:
(1) The terms ‘‘general officer’’ and ‘‘flag offi-
cer’’ have the meanings given such terms in section
101(b) of title 10, United States Code.
(2) The term ‘‘National Capital Region’’ has
the meaning given such term in section 2674(f) of
such title.
SEC. 2805. CONGRESSIONAL NOTIFICATION OF DEVIATIONS
FROM AUTHORIZED COST VARIATIONS FOR
MILITARY CONSTRUCTION PROJECTS AND
MILITARY FAMILY HOUSING PROJECTS.
Section 2853(c)(3) of title 10, United States Code,
is amended by inserting before the period at the end the
following: ‘‘or, if over sooner, a period of 14 days has
elapsed after the date on which a copy of the notification
is provided in an electronic medium pursuant to section
480 of this title’’.
SEC. 2806. REPEAL OF LIMITATION ON USE OF ALTER-
NATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY FAMILY HOUS-
ING.
Effective October 1, 2005, subsection (g) of section
2883 of title 10, United States Code, is amended to read
as follows:
563
‘‘(g) LIMITATION ON USE OF AUTHORITY TO AC-
QUIRE
OR
CONSTRUCT
MILITARY
UNACCOMPANIED
HOUSING.—The total value in budget authority of all con-
tracts and investments undertaken using the authorities
provided in this subchapter for the acquisition or construc-
tion of military unaccompanied housing shall not exceed
$150,000,000.’’.
SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DE-
SIGN EFFORTS FOR MILITARY CONSTRUC-
TION PROJECTS CARRIED OUT USING DE-
SIGN-BUILD SELECTION PROCEDURES.
Section 2305a of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(f) SPECIAL AUTHORITY FOR MILITARY CONSTRUC-
TION PROJECTS.—(1) The Secretary of a military depart-
ment, and the Secretary of Defense with respect to mat-
ters concerning the Defense Agencies, may use funds
available to the Secretary under section 2807(a) or
18233(e) of this title to accelerate the design effort in con-
nection with a military construction project for which the
two-phase selection procedures described in subsection (c)
are used to select the contractor for both the design and
construction portion of the project before the project is
specifically authorized by law and before funds are appro-
564
priated for the construction portion of the project. Not-
withstanding the limitations contained in such sections,
use of such funds for the design portion of a military con-
struction project may continue despite the subsequent au-
thorization of the project. The advance notice requirement
of section 2807(b) of this title shall continue to apply
whenever the estimated cost of the design portion of the
project exceeds the amount specified in such section.
‘‘(2) Any military construction contract that provides
for an accelerated design effort, as authorized by para-
graph (1), shall include as a condition of the contract that
the liability of the United States in a termination for con-
venience may not exceed costs above the costs attributable
to the final design of the project.
‘‘(3) Not more than 36 military construction projects
containing the accelerated design effort authorized by
paragraph (1) may be carried out.
‘‘(4) Not later than March 1, 2007, the Secretary of
Defense shall submit to the congressional defense commit-
tees a report evaluating the usefulness of the authority
provided by this subsection in expediting the design and
construction of military construction projects. The author-
ity provided by this subsection expires September 30,
2008, except that, if the report required by this paragraph
565
is not submitted by March 1, 2007, the authority shall
expire on that date.’’.
SEC. 2808. EXCHANGE OR SALE OF RESERVE COMPONENT
FACILITIES TO ACQUIRE REPLACEMENT FA-
CILITIES.
Section 18233 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(g)(1) The Secretary of Defense may convey, by ex-
change or sale, an existing facility of a reserve component
of the armed forces for the purpose of acquiring a replace-
ment facility under this section or using the proceeds from
the sale to acquire a replacement facility under this sec-
tion, if the Secretary determines it is in the best interests
of the United States to acquire the replacement facility
by such exchange or sale. The United States shall receive
funds or a replacement facility, or a combination of both,
having a total value at least equal to the fair market value
of the conveyed facility.
‘‘(2) Acquisition of a replacement facility under this
subsection may be accomplished by construction, expan-
sion, rehabilitation, or conversion and must result in a
fully equipped and operational replacement facility. Noth-
ing in this subsection prohibits the Secretary of Defense
from contributing additional funds, in accordance with
566
this section, to obtain a fully equipped and operational re-
placement facility.
‘‘(3) Funds received under this subsection shall be
deposited in a separate account and remain available to
the Secretary of Defense, without appropriation, for use
in accordance with this subsection. Any funds received
under this subsection in connection with a conveyance in
excess of the funds required to obtain a fully equipped and
operational replacement facility for the conveyed facility
may be used by the Secretary for the purposes of sub-
section (a).’’.
SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED
AUTHORITY TO USE OPERATION AND MAIN-
TENANCE 
FUNDS 
FOR 
CONSTRUCTION
PROJECTS OUTSIDE THE UNITED STATES.
Section 2808 of the Military Construction Authoriza-
tion Act for Fiscal Year 2004 (division B of Public Law
108–136; 117 Stat. 1723) is amended—
(1) in subsections (a) and (d), by striking ‘‘fis-
cal year 2004’’ both places it appears and inserting
‘‘fiscal years 2004 and 2005’’; and
(2) in subsection (c)(1), by striking ‘‘in fiscal
year 2004’’ and inserting ‘‘in a fiscal year’’.
567
SEC. 2810. CONSIDERATION OF COMBINATION OF MILITARY
MEDICAL 
TREATMENT 
FACILITIES 
AND
HEALTH CARE FACILITIES OF DEPARTMENT
OF VETERANS AFFAIRS.
(a) DEPARTMENT OF DEFENSE CONSIDERATION OF
JOINT CONSTRUCTION.—(1) Subchapter I of chapter 169
of title 10, United States Code, is amended by adding at
the end the following new section:
‘‘§ 2816. Consideration of joint construction and use
of military medical treatment facilities
and health care facilities of the Depart-
ment of Veterans Affairs
‘‘In the case of the budget submitted under section
1105 of title 31 for any fiscal year, the Secretary of De-
fense shall include in the budget justification materials
submitted to Congress in support of the budget a certifi-
cation that, in evaluating for inclusion in the budget for
that fiscal year any military construction project for con-
struction in the United States (or a territory or possession
of the United States) of a new military medical treatment
facility, the Secretary, after consulting with the Secretary
of Veterans Affairs, evaluated the feasibility of carrying
out the project so as to establish with the Department of
Veterans Affairs a joint medical facility that—
570
‘‘(a) ACQUISITION AUTHORITY.—The Secretary of a
military department may acquire any interest in land
that—
‘‘(1) the Secretary determines is needed in the
interest of national defense; and
‘‘(2) does not cost more than $1,500,000, exclu-
sive of administrative costs and the amounts of any
deficiency judgments.’’.
(e) TREATMENT MULTIPLE PARCELS UNDER LOW-
COST ACQUISITION AUTHORITY.—Subsection (b) of such
section is amended to read as follows:
‘‘(b) TREATMENT
OF MULTIPLE PARCELS.—This
section does not authorize the acquisition, as a part of the
same project, of more than one parcel of land unless—
‘‘(1) the parcels are noncontiguous; or
‘‘(2) if contiguous, the total cost for the acquisi-
tion of all of the contiguous parcels does not cost
more than the amount specified in subsection
(a)(2).’’.
SEC. 2812. REORGANIZATION OF EXISTING ADMINISTRA-
TIVE PROVISIONS RELATING TO REAL PROP-
ERTY TRANSACTIONS.
(a) LIMITATION ON COMMISSIONS.—(1) Section 2661
of title 10, United States Code, is amended by adding at
the end the following new subsection:
571
‘‘(c) COMMISSIONS
ON
LAND
PURCHASE
CON-
TRACTS.—The maximum amount payable as a commission
on a contract for the purchase of land from funds appro-
priated for the Department of Defense is two percent of
the purchase price.’’.
(2) Section 2666 of such title is repealed.
(b) REPEAL OF OBSOLETE AUTHORITY TO ACQUIRE
LAND FOR TIMBER PRODUCTION.—Section 2664 of such
title is repealed.
(c) AVAILABILITY OF FUNDS FOR ACQUISITION OF
CERTAIN INTERESTS IN REAL PROPERTY.—(1) Section
2672 of such title is amended by adding at the end the
following new subsection:
‘‘(d) AVAILABILITY
OF
FUNDS.—Appropriations
available to the Department of Defense for operation and
maintenance or construction may be used for the acquisi-
tion of land or interests in land under this section.’’.
(2) Section 2673 of such title is repealed.
(3) Section 2675 of such title is amended—
(A) by inserting before ‘‘The Secretary’’ the fol-
lowing ‘‘(a) LEASE AUTHORITY; DURATION.—’’; and
(B) by adding at the end the following new sub-
section:
‘‘(b) AVAILABILITY
OF
FUNDS.—Appropriations
available to the Department of Defense for operation and
572
maintenance or construction may be used for the acquisi-
tion of interests in land under this section.’’.
(d) STYLISTIC AND CLERICAL AMENDMENTS.—(1)
Section 2661 of such title is further amended—
(A) in subsection (a), by inserting ‘‘AVAIL-
ABILITY
OF
OPERATION
AND
MAINTENANCE
FUNDS.—’’ after ‘‘(a)’’ ; and
(B) in subsection (b), by inserting ‘‘LEASING
AND ROAD MAINTENANCE AUTHORITY.—’’ after
‘‘(b)’’.
(2) The table of sections at the beginning of chapter
159 of such title is amended by striking the items relating
to sections 2664, 2666, and 2673.
SEC. 2813. TREATMENT OF MONEY RENTALS FROM GOLF
COURSE AT ROCK ISLAND ARSENAL, ILLI-
NOIS.
(a) 
SUPPORT
OF
MWR 
ACTIVITIES.—Section
2667(d) of title 10, United States Code, is amended—
(1) in paragraph (1)(B)—
(A) by redesignating clause (ii) as clause
(iii); and
(B) by inserting after clause (i) the fol-
lowing new clause:
573
‘‘(ii) Money rentals deposited in a non-
appropriated morale, welfare, and recreation account
under paragraph (3).’’; and
(2) by inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3) The Secretary of the Army may deposit up to
50 percent of the money rentals received by the United
States from a lease involving the golf course at Rock Is-
land Arsenal, Illinois, in the nonappropriated morale, wel-
fare, and recreation account for that installation, to be
used for quality-of-life programs at that installation.’’.
(b) EFFECTIVE DATE.—Paragraph (3) of section
2667(d) of title 10, United States Code, as added by sub-
section (a), shall apply to money rentals referred to in
such paragraph received by the United States after Sep-
tember 30, 2004.
SEC. 2814. NUMBER OF CONTRACTS AUTHORIZED DEPART-
MENT-WIDE UNDER DEMONSTRATION PRO-
GRAM ON REDUCTION IN LONG-TERM FACIL-
ITY MAINTENANCE COSTS.
Section 2814 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C.
2809 note) is amended—
574
(1) in subsection (a), by striking ‘‘or the Sec-
retary of a military department’’ and inserting ‘‘and
the Secretaries of the military departments’’;
(2) in subsection (b)(1), by striking ‘‘12 con-
tracts per military department’’ and inserting ‘‘36
contracts’’; and
(3) in subsection (b)(2), by striking ‘‘the date
of the enactment of the Bob Stump National De-
fense Authorization Act for Fiscal Year 2003’’ and
inserting ‘‘December 2, 2002’’.
SEC. 2815. REPEAL OF COMMISSION ON REVIEW OF OVER-
SEAS MILITARY FACILITY STRUCTURE OF
THE UNITED STATES.
Section 128 of the Military Construction Appropria-
tions Act, 2004 (Public Law 108–132; 117 Stat. 1382;
10 U.S.C. 111 note), is repealed.
SEC. 2816. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL
AT LUKE AIR FORCE BASE, ARIZONA, IN
HONOR OF JOHN J. RHODES, A FORMER MI-
NORITY LEADER OF THE HOUSE OF REP-
RESENTATIVES.
The Airmen Leadership School at Luke Air Force
Base, Arizona, building 156, shall be known and des-
ignated as the ‘‘John J. Rhodes Airmen Leadership
School’’. Any reference to such facility in any law, regula-
575
tion, map, document, record, or other paper of the United
States shall be considered to be a reference to the John
J. Rhodes Airmen Leadership School.
SEC. 2817. ELIMINATION OF REVERSIONARY INTERESTS
CLOUDING UNITED STATES TITLE TO PROP-
ERTY USED AS NAVY HOMEPORTS.
(a) AUTHORITY TO ACQUIRE COMPLETE TITLE.—If
real property owned by the United States and used as a
Navy homeport is subject to a reversionary interest of any
kind, the Secretary of the Navy may enter into an agree-
ment with the holder of the reversionary interest to ac-
quire the reversionary interest and thereby secure for the
United States all right, title, and interest in and to the
property.
(b) CONSIDERATION.—(1) As consideration for the
acquisition of a reversionary interest under subsection (a),
the Secretary shall provide the holder of the reversionary
interest with in-kind consideration, to be determined pur-
suant to negotiations between the Secretary and the holder
of the reversionary interest. In determining the type and
value of any in-kind consideration to be provided for the
acquisition of a reversionary interest under subsection (a),
the Secretary shall take into account the nature of the
reversionary interest, including whether it would require
the holder of the reversionary interest to pay for any im-
576
provements acquired by the holder as part of the reversion
of the real property, and the long-term use and ultimate
disposition of the real property if the United States were
to acquire all right, title, and interest in and to the real
property subject to the reversionary interest.
(2) Cash payments are not authorized as consider-
ation for the acquisition of reversionary interests under
subsection (a).
SEC. 2818. REPORT ON FEASIBILITY OF VETERANS MEMO-
RIAL AT MARINE CORPS AIR STATION, EL
TORO, CALIFORNIA.
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of the Navy shall submit
to Congress a report on whether the City of Irvine’s antici-
pated future uses of the former MCAS El Toro property
would permit the establishment and maintenance of a vet-
erans memorial at no cost to the Federal Government.
578
(2) in paragraph (6)—
(A) by striking ‘‘in 2005’’ and inserting
‘‘under this section’’; and
(B) by striking ‘‘July 1, 2005’’ and insert-
ing ‘‘July 1, 2007’’.
(c) REVIEW BY PRESIDENT AND TRANSMITTAL TO
CONGRESS.—Subsection (e) of section 2914 of the De-
fense Base Closure and Realignment Act of 1990 is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘in 2005’’ and inserting
‘‘under this section’’; and
(B) by striking ‘‘September 23, 2005’’ and
inserting ‘‘September 23, 2007’’;
(2) in paragraph (2), by striking ‘‘October 20,
2005’’ and inserting ‘‘October 20, 2007’’; and
(3) in paragraph (3)—
(A) by striking ‘‘November 7, 2005’’ and
inserting ‘‘November 7, 2007’’; and
(B) by striking ‘‘in 2005’’ and inserting
‘‘in 2007’’.
(d) NEW FORCE STRUCTURE PLAN
AND INFRA-
STRUCTURE INVENTORY; RECERTIFICATION
OF NEED
FOR ADDITIONAL ROUND.—Section 2912 of the Defense
Base Closure and Realignment Act of 1990 (part A of title
579
XXIX of Public Law 101–510; 10 U.S.C. 2687 note), as
added by section 3001 of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 115
Stat. 1342), is amended—
(1) in the section heading, by striking ‘‘2005’’
and inserting ‘‘2007’’;
(2) by striking ‘‘fiscal year 2005’’ each place it
appears and inserting ‘‘fiscal year 2007’’;
(3) in subsection (b)(1), by inserting ‘‘for fiscal
year 2007’’ after ‘‘subsection (a)’’;
(4) in subsections (b)(2) and (d), by striking
‘‘in 2005’’ each place it appears and inserting
‘‘under section 2914’’;
(5) in subsection (d), by striking ‘‘March 15,
2005’’ both places it appears and inserting ‘‘March
15, 2007’’;
(6) in subsection (d)(4), by striking ‘‘calendar
year 2005 and shall terminate on April 15, 2006’’
and inserting ‘‘calendar year 2007 and shall termi-
nate on April 15, 2008’’; and
(7) in subsection (d)(5), by striking ‘‘second
session of the 108th Congress for the activities of
the Commission in 2005’’ and inserting ‘‘second ses-
sion of the 109th Congress for the activities of the
Commission under section 2914’’.
580
(e) INFRASTRUCTURE-RELATED
REPORTING
RE-
QUIREMENTS; 
TERMINATION
OF
BASE
CLOSURE
ROUND.—Section 2912 of the Defense Base Closure and
Realignment Act of 1990 is further amended by adding
at the end the following new subsection:
‘‘(e) INFRASTRUCTURE-RELATED REPORTS.—
‘‘(1) REQUIRED REPORTS.—The Secretary shall
prepare the following reports related to infrastruc-
ture requirements for the Armed Forces:
‘‘(A) A report containing the Integrated
Global Presence and Basing Strategy of the De-
partment of Defense, including the location of
long-term overseas installations, installations to
be used for rotational purposes, and forward
operating locations, anticipated rotational plans
and policies, and domestic and overseas infra-
structure requirements associated with the
strategy.
‘‘(B) A report describing the anticipated
infrastructure requirements associated with the
probable end-strength levels and major military
force units (including land force divisions, car-
rier and other major combatant vessels, air
wings, and other comparable units) for each of
581
the Armed Forces resulting from force trans-
formation.
‘‘(C) A report describing the anticipated
infrastructure requirements related to expected
changes in the active component versus reserve
component personnel mix of the Armed Forces.
‘‘(D) A report describing the anticipated
infrastructure requirements associated with the
so-called ‘10–30–30 objective’ of the Secretary
to ensure that military forces are capable of de-
ployment overseas within 10 days in sufficient
strength to defeat an enemy within 30 days and
be ready for redeployment within 30 days after
the end of combat operations.
‘‘(E) A report containing the results of a
complete reassessment of the infrastructure
necessary to support the force structure de-
scribed in the force-structure plan prepared
under paragraph (1) of subsection (a) and de-
scribing any resulting excess infrastructure and
infrastructure capacity, which were previously
required by paragraph (2) of such subsection.
The reassessment shall be based on actual in-
frastructure, facility, and space requirements
582
for the Armed Forces rather than a compara-
tive study between 1989 and 2003.
‘‘(F) A report describing the anticipated
infrastructure requirements associated with the
assessment prepared by the Secretary pursuant
to section 2822 of the National Defense Au-
thorization Act for Fiscal Year 2004 (Public
Law 108–136; 117 Stat. 1726), in which Con-
gress required the Secretary to assess the prob-
able threats to national security and determine
the potential, prudent, surge requirements for
the Armed Forces and military installations to
meet those threats.
‘‘(2) TIME FOR SUBMISSION OF REPORTS.—The
reports required by paragraph (1) shall be submitted
to the congressional defense committees only during
the period beginning on January 1, 2006, and end-
ing on March 15, 2006.
‘‘(3) TERMINATION OF ROUND FOR FAILURE TO
SUBMIT REPORTS AS REQUIRED.—If the reports re-
quired by paragraph (1) are not submitted during
the period specified in paragraph (2), the process for
the making of recommendations to the Congress for
the closure or realignment of military installations
and the selection of installations for closure or re-
583
alignment under this part in 2007 shall be termi-
nated.’’.
(f) 
CONFORMING
AMENDMENTS.—(1) 
Section
2904(a)(3) of the Defense Base Closure and Realignment
Act of 1990 is amended by striking ‘‘in the 2005 report’’
and inserting ‘‘in a report submitted after 2001’’.
(2) Section 2906(e) of such Act is amended by strik-
ing ‘‘2005’’ and inserting ‘‘2007’’.
(3) Section 2906A of such Act is amended—
(A) in the section heading, by striking ‘‘2005’’
and inserting ‘‘2007’’; and
(B) by striking ‘‘2005’’ each place it appears
and inserting ‘‘2007’’.
(4) Section 2909(a) of such Act is amended by strik-
ing ‘‘2006’’ and inserting ‘‘2008’’.
SEC. 2822. ESTABLISHMENT OF SPECIFIC DEADLINE FOR
SUBMISSION 
OF 
REVISIONS 
TO 
FORCE-
STRUCTURE PLAN AND INFRASTRUCTURE IN-
VENTORY FOR NEXT BASE CLOSURE ROUND.
Section 2912(a)(4) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note) is amended by strik-
ing ‘‘as part of the budget justification document sub-
mitted to Congress for fiscal year 2006.’’ and inserting
‘‘not later than March 15 of the year in which the Sec-
584
retary will submit, consistent with subsection (e) of this
section, the list of the military installations inside the
United States that the Secretary recommends for closure
or realignment. No revision of the force-structure plan or
infrastructure inventory is authorized after that March 15
date.’’.
SEC. 2823. SPECIFICATION OF FINAL SELECTION CRITERIA
FOR NEXT BASE CLOSURE ROUND.
(a) FINDINGS.—Congress finds the following:
(1) Title XXX of the National Defense Author-
ization Act for Fiscal Year 2002 (Public Law 107–
107; 115 Stat. 1342) amended the Defense Base
Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101–510; 10 U.S.C. 2687
note) to authorize the Secretary of Defense to con-
duct an additional round of base realignments and
closures.
(2) In section 2822 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law
108–136; 117 Stat. 1726), approved November 24,
2003, Congress required the Secretary of Defense to
assess the probable threats to national security and
determine the potential, prudent, surge requirements
for the Armed Forces and military installations to
meet those threats. Such section specifically requires
585
the Secretary of Defense to use the determination of
surge requirements in exercising the authority of the
Secretary to conduct the next round of base realign-
ments and closures.
(3) Section 2913 of the Defense Base Closure
and Realignment Act of 1990, as added by title
XXX of the National Defense Authorization Act for
Fiscal Year 2002, specified the process by which the
Secretary of Defense was to prepare the criteria to
be used by the Secretary in making recommenda-
tions for the next round of base realignments and
closures and listed certain requirements the Sec-
retary had to comply with as part of the process, in-
cluding the advance publication of the proposed cri-
teria and the solicitation and consideration of public
comments.
(4) In subsection (e) of such section, Congress
required the Secretary of Defense to publish in the
Federal Register and transmit to Congress not later
than February 16, 2004, the final criteria intended
to be used by the Secretary in making recommenda-
tions for the next round of base realignments and
closures. Pursuant to such subsection, the Secretary
of Defense published the final selection criteria in
586
the Federal Register on February 12, 2004 (69 Fed.
Reg. 6948).
(5) In addition to specifically reserving its right
to disapprove the final selection criteria, Congress
may modify or otherwise amend the criteria by Act
of Congress.
(b) CONGRESSIONAL
SPECIFICATION
OF
FINAL
BRAC SELECTION CRITERIA.—Section 2913 of the De-
fense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687
note), as added by section 3002 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107–
107; 115 Stat. 1344), is amended to read as follows:
‘‘SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL
ROUND OF BASE CLOSURES AND REALIGN-
MENTS.
‘‘(a) FINAL SELECTION CRITERIA.—The final cri-
teria to be used by the Secretary in making recommenda-
tions for the closure or realignment of military installa-
tions inside the United States under this part in any addi-
tional round of base closures and realignments are as fol-
lows:
‘‘(1) The current and future mission require-
ments and the impact on operational readiness of
the total force of the Department of Defense, includ-
587
ing the impact on joint warfighting, training, readi-
ness, and research, development, test, and evaluation
of weapons systems and equipment.
‘‘(2) The availability and condition of land, fa-
cilities, infrastructure, and associated air and water
space (including preservation of training areas suit-
able for maneuver by ground, naval, or air forces
throughout a diversity of climate and terrain areas,
the preservation of testing ranges able to accommo-
date current or future military weapons systems and
equipment, and the preservation of staging areas for
the use of the Armed Forces in homeland defense
missions) at both existing and potential receiving lo-
cations.
‘‘(3) The ability to accommodate contingency,
mobilization, and future total force requirements at
both existing and potential receiving locations to
support operations, training, maintenance, and re-
pair.
‘‘(4) Preservation of land, air, and water space,
facilities, and infrastructure necessary to support
training and operations of military forces determined
to be surge requirements by the Secretary of De-
fense, as required by section 2822 of the National
588
Defense Authorization Act for Fiscal Year 2004
(Public Law 108–136; 117 Stat. 1726).
‘‘(5) The extent and timing of potential costs
and savings of base realignment and closure actions
on the entire Federal budget, as well as the Depart-
ment of Defense, including the number of years, be-
ginning with the date of completion of the closure or
realignment, for the savings to exceed the costs.
Costs shall include those costs related to potential
environmental restoration, waste management, and
environmental compliance activities.
‘‘(6) The economic impact on existing commu-
nities in the vicinity of military installations.
‘‘(7) The ability of the infrastructure of both
the existing and potential receiving communities to
support forces, missions, and personnel, including
quality of living standards for members of the
Armed Forces and their dependents.
‘‘(8) The environmental impact on receiving lo-
cations.
‘‘(b) PRIORITY GIVEN TO MILITARY VALUE.—In rec-
ommending military installations for closure or realign-
ment, the Secretary shall give priority consideration to the
first four criteria specified in subsection (a).
589
‘‘(c) RELATION TO OTHER MATERIALS.—The final
selection criteria specified in subsection (a) shall be the
only criteria to be used, along with the force-structure
plan and infrastructure inventory referred to in section
2912, in making recommendations for the closure or re-
alignment of military installations inside the United States
under this part after December 31, 2003.
‘‘(d) 
RELATION
TO
CRITERIA
FOR
EARLIER
ROUNDS.—Section 2903(b), and the selection criteria pre-
pared under such section, shall not apply with respect to
the process of making recommendations for the closure or
realignment of military installations after December 31,
2003.’’.
(c) CONFORMING AMENDMENTS.—The Defense Base
Closure and Realignment Act of 1990 is amended—
(1) in section 2912(c)(1)(A), by striking ‘‘cri-
teria prepared under section 2913’’ and inserting
‘‘criteria specified in section 2913’’; and
(2) in section 2914(a), by striking ‘‘criteria pre-
pared by the Secretary under section 2913’’ and in-
serting ‘‘criteria specified in section 2913’’.
590
SEC. 2824. REQUIREMENT FOR UNANIMOUS VOTE OF DE-
FENSE BASE CLOSURE AND REALIGNMENT
COMMISSION TO ADD TO OR OTHERWISE EX-
PAND CLOSURE AND REALIGNMENT REC-
OMMENDATIONS MADE BY SECRETARY OF
DEFENSE.
Section 2914(d) of the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note), as added by section
3003 of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107–107; 155
Stat, 1346) and amended by section 2854 of the Bob
Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107–314; 116 Stat. 2728), is
amended—
(1) in paragraph (3), by striking ‘‘TO ADD’’ and
inserting ‘‘TO CONSIDER ADDITIONS’’; and
(2) by striking paragraph (5) and inserting the
following new paragraph:
‘‘(5) REQUIREMENTS TO EXPAND CLOSURE OR
REALIGNMENT RECOMMENDATIONS.—In the report
required under section 2903(d)(2)(A) that is to be
transmitted under paragraph (1), the Commission
may not make a change in the recommendations of
the Secretary that would close a military installation
not recommended for closure by the Secretary,
591
would realign a military installation not rec-
ommended for closure or realignment by the Sec-
retary, or would expand the extent of the realign-
ment of a military installation recommended for re-
alignment by the Secretary unless—
‘‘(A) at least two members of the Commis-
sion visit the military installation before the
date of the transmittal of the report; and
‘‘(B) the decision of the Commission to
make the change to recommend the closure of
the military installation, the realignment of the
installation, or the expanded realignment of the
installation is unanimous.’’.
SEC. 2825. ADHERENCE TO CERTAIN AUTHORITIES ON
PRESERVATION OF MILITARY DEPOT CAPA-
BILITIES DURING ANY SUBSEQUENT ROUND
OF BASE CLOSURES AND REALIGNMENTS.
The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note) is amended by adding at the end the
following new section:
592
‘‘SEC. 2915. ADHERENCE TO CERTAIN AUTHORITIES ON
PRESERVATION OF MILITARY DEPOT CAPA-
BILITIES DURING ANY SUBSEQUENT ROUND
OF BASE CLOSURES AND REALIGNMENTS.
‘‘(a) ADHERENCE REQUIRED.—(1) Any base closure
and realignment actions under section 2914 or subsequent
round of base closure and realignment, and any actions
to carry out the closure or realignment of military installa-
tions as a result of such actions, shall reflect a strict ad-
herence to the provisions of title 10, United States Code,
for the maintenance of government-owned, government-
operated depot-level maintenance, repair, and logistics ca-
pabilities within the Department of Defense, including the
provisions of chapter 146 of such title and other applicable
provisions.
‘‘(2) No action to carry out the closure or realign-
ment of military installations in any base closures and re-
alignments under this part after the date of the enactment
of this section may include a waiver authorized by para-
graph (2) or (3) of section 2464(b) or section 2466(b) of
title 10, United States Code.
‘‘(b) BASE CLOSURE AND REALIGNMENT ACTIONS
DEFINED.—In this section, the term ‘base closure and re-
alignment actions’ means the following:
‘‘(1) The preparation by the Secretary of De-
fense of recommendations on installations for closure
593
or realignment under this part or any subsequent
base closure law.
‘‘(2) The review by the Commission of the rec-
ommendations referred to in paragraph (1).
‘‘(3) The review by the President of the rec-
ommendations referred to in paragraphs (1) and
(2).’’.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2831. TRANSFER OF ADMINISTRATIVE JURISDICTION,
DEFENSE 
SUPPLY 
CENTER, 
COLUMBUS,
OHIO.
(a) TRANSFER REQUIRED.—As soon as practicable
after the date of the enactment of this Act, the Secretary
of the Army shall transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of Veterans
Affairs a parcel of real property consisting of approxi-
mately 20 acres and comprising a portion of the Defense
Supply Center in Columbus, Ohio, for the purpose of per-
mitting the Secretary of Veterans Affairs to use the prop-
erty as the site for an outpatient clinic.
(b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The
Secretary of the Army shall require the Secretary of Vet-
erans Affairs to cover costs to be incurred by the Secretary
of the Army, or to reimburse the Secretary of the Army
594
for costs incurred by the Secretary of the Army, to carry
out the conveyance under subsection (a), including survey
costs, costs related to environmental documentation, and
other administrative costs related to the conveyance. If
amounts are collected from the Secretary of Veterans Af-
fairs in advance of the Secretary of the Army incurring
the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary of the Army to
carry out the conveyance, the Secretary of the Army shall
refund the excess amount to the Secretary of Veterans Af-
fairs.
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that
was used to cover the costs incurred by the Secretary of
the Army in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(c) DESCRIPTION OF REAL PROPERTY.—The exact
acreage and legal description of the real property to be
transferred under subsection (a) shall be determined by
a survey satisfactory to the Secretary of the Army.
595
SEC. 2832. LAND CONVEYANCE, FORT HOOD, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey to the Texas A&M University Sys-
tem of the State of Texas (in this section referred to as
the ‘‘University System’’), all right, title, and interest of
the United States in and to a parcel of real property, in-
cluding improvements thereon, consisting of approxi-
mately 662 acres at Fort Hood, Texas, for the sole pur-
pose of permitting the University System to establish on
the property an upper level (junior, senior and graduate)
university that will be State-supported, separate from
other universities of the University System, and des-
ignated as Texas A&M University, Central Texas.
(b) CONSIDERATION.—(1) As consideration for the
conveyance under subsection (a), the University System
shall pay to the United States an amount equal to the
fair market value of the conveyed property, as determined
pursuant to an appraisal acceptable to the Secretary.
(2) In lieu of all or a portion of the cash consideration
required by paragraph (1), the Secretary may accept in-
kind consideration, including the conveyance by the Uni-
versity System of real property acceptable to the Sec-
retary.
(c) CONDITION OF CONVEYANCE.—The conveyance
under subsection (a) shall be subject to the condition that
the Secretary determine that the conveyance of the prop-
596
erty and the establishment of a university on the property
will not adversely impact the operation of Robert Grey
Army Airfield, which is located on Fort Hood approxi-
mately one mile from the property authorized for convey-
ance.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by the University System.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2833. LAND CONVEYANCE, ARMY NATIONAL GUARD
FACILITY, SEATTLE, WASHINGTON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the State
of Washington (in this section referred to as the ‘‘State’’)
all right, title, and interest of the United States in and
to a parcel of real property, including any improvements
thereon, consisting of approximately 9.747 acres in Se-
attle, Washington, and comprising a portion of the Na-
tional Guard Facility, Pier 91, for the purpose of permit-
597
ting the State to convey the facility unencumbered for eco-
nomic development purposes.
(b) ADMINISTRATIVE EXPENSES.—(1) The State
shall reimburse the Secretary for the administrative ex-
penses incurred by the Secretary in carrying out the con-
veyance under subsection (a), including expenses related
to 
surveys 
and 
legal 
descriptions, 
boundary
monumentation, environmental surveys, necessary docu-
mentation, travel, and deed preparation.
(2) Section 2695(c) of title 10, United States Code,
shall apply to any amounts received by the Secretary as
reimbursement under this subsection.
(c) EXEMPTION FROM FEDERAL SCREENING.—The
conveyance authorized by subsection (a) is exempt from
the requirement to screen the property for other Federal
use pursuant to sections 2693 and 2696 of title 10, United
States Code.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne
by the United States, subject to the requirement for reim-
bursement under subsection (b).
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
598
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2834. MODIFICATION OF LAND EXCHANGE AND CON-
SOLIDATION, FORT LEWIS, WASHINGTON.
(a) PROPERTY TO BE TRANSFERRED TO SECRETARY
OF THE INTERIOR IN TRUST.—Subsection (a)(1) of sec-
tion 2837 of the Military Construction Authorization Act
for Fiscal Year 2002 (division B of Public Law 107–107;
115 Stat. 1315) is amended—
(1) by striking ‘‘may convey to’’ and inserting
‘‘may transfer to the Secretary of the Interior, in
trust for’’; and
(2) by striking ‘‘Washington, in’’ and all that
follows through the period and inserting ‘‘Wash-
ington. The Secretary of the Army may make the
transfer under the preceding sentence, and the Sec-
retary of the Interior may accept the property trans-
ferred in trust for the Nisqually Tribe under the
preceding sentence, only in conjunction with the con-
veyance described in subsection (b)(2).’’.
(b) INCREASE IN ACREAGE TO BE TRANSFERRED.—
Such subsection is further amended by striking ‘‘138
acres’’ and inserting ‘‘168 acres’’.
599
(c) QUALIFICATION ON PROPERTY TO BE TRANS-
FERRED.—Subsection (a)(2) of such section is amended—
(1) by striking ‘‘conveyance’’ and inserting
‘‘transfer’’; and
(2) by striking ‘‘or the right of way described
in subsection (c)’’ and inserting ‘‘located on the real
property transferred under that paragraph’’.
(d) CONSIDERATION.—Subsection (b) of such section
is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘conveyance’’ and inserting ‘‘transfer’’; and
(2) in paragraph (2), by striking ‘‘fee title over
the acquired property to the Secretary’’ and insert-
ing ‘‘to the United States fee title to the property
acquired under paragraph (1), free from all liens,
encumbrances or other interests other than those, if
any, acceptable to the Secretary of the Army’’.
(e) TREATMENT
OF EXISTING PERMIT RIGHTS;
GRANT
OF
EASEMENT.—Such 
section 
is 
further
amended—
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the fol-
lowing new subsection:
600
‘‘(d) TREATMENT
OF EXISTING PERMIT RIGHTS;
GRANT
OF EASEMENT.—(1) The transfer under sub-
section (a) recognizes and preserves to the Bonneville
Power Administration, in perpetuity and without the right
of revocation except as provided in paragraph (2), rights
in existence at the time of the conveyance under the per-
mit dated February 4, 1949, as amended January 4,
1952, between the Department of the Army and the Bon-
neville Power Administration with respect to any portion
of the property transferred under subsection (a) upon
which the Bonneville Power Administration retains trans-
mission facilities. The rights recognized and preserved in-
clude the right to upgrade those transmission facilities.
‘‘(2) The permit rights recognized and preserved
under paragraph (1) shall terminate only upon the Bonne-
ville Power Administration’s relocation of the transmission
facilities referred to in paragraph (1), and then only with
respect to that portion of those transmission facilities that
are relocated.
‘‘(3) The Secretary of the Interior, as trustee for the
Nisqually Tribe, shall grant to the Bonneville Power Ad-
ministration, without consideration and subject to the
same rights recognized and preserved in paragraph (1),
such additional easements across the property transferred
under subsection (a) as the Bonneville Power Administra-
601
tion considers necessary to accommodate the relocation or
reconnection of Bonneville Power Administration trans-
mission facilities from property owned by the Tribe and
held by the Secretary of the Interior in trust for the
Tribe.’’.
(f) CONFORMING AMENDMENTS.—(1) Subsection (c)
of such section is amended by inserting ‘‘of the Army’’
after ‘‘Secretary’’.
(2) Subsection (e) of such section (as redesignated
by subsection (e)(1)) is amended—
(A) by striking ‘‘conveyed’’ and inserting
‘‘transferred’’;
(B) by inserting ‘‘of the Army’’ after ‘‘Sec-
retary’’; and
(C) by striking ‘‘the recipient of the property
being surveyed’’ and inserting ‘‘the Tribe, in the
case of the transfer under subsection (a), and the
Secretary of the Army, in the case of the acquisition
under subsection (b)’’.
(3) Subsection (f) of such section (as redesignated by
subsection (e)(1)) is amended—
(A) by inserting ‘‘of the Army’’ after ‘‘Sec-
retary’’ both place it appears; and
602
(B) by striking ‘‘conveyances under this sec-
tion’’ and inserting ‘‘transfer under subsection (a)
and conveyances under subsections (b)(2) and (c)’’.
PART II—NAVY CONVEYANCES
SEC. 2841. TRANSFER OF JURISDICTION, NEBRASKA AVE-
NUE NAVAL COMPLEX, DISTRICT OF COLUM-
BIA.
(a) TRANSFER REQUIRED.—Except as provided in
subsection (b), the Secretary of the Navy shall transfer
to the administrative jurisdiction of the Administrator of
General Services the parcel of Department of the Navy
real property in the District of Columbia known as the
Nebraska Avenue Complex for the purpose of permitting
the Administrator to use the Complex to accommodate the
Department of Homeland Security. The Complex shall be
transferred in its existing condition.
(b) AUTHORITY
TO
RETAIN
MILITARY
FAMILY
HOUSING.—At the option of the Secretary of the Navy,
the Secretary may retain administrative jurisdiction over
that portion of the Complex that, as of the date of the
enactment of this Act, is being used to provide Navy fam-
ily housing.
(c) TIME FOR TRANSFER.—Not later than January
1, 2005, the Secretary of the Navy shall complete the
transfer of administrative jurisdiction over the portion of
603
the Complex required to be transferred under subsection
(a).
(d) RELOCATION OF NAVY ACTIVITIES.—As part of
the transfer of the Complex under subsection (a), the Sec-
retary of the Navy shall relocate Department of the Navy
activities at the Complex to other locations.
(e) PAYMENT
OF INITIAL RELOCATION COSTS.—
Subject to the availability of appropriations for this pur-
pose, the Secretary of the Department of Homeland Secu-
rity shall be responsible for the payment of—
(1) all reasonable costs, including costs to move
furnishings and equipment, related to the initial re-
location of Department of the Navy activities from
the Complex under subsection (d); and
(2) all reasonable costs incident to the initial
occupancy by such activities of interim leased space,
including rental costs for the first year.
(f) PAYMENT OF LONG-TERM RELOCATION COSTS.—
(1) SENSE
OF
CONGRESS
REGARDING
PAY-
MENT.—It is the sense of the Congress that the Sec-
retary of the Navy should receive, from Federal
agencies other than the Department of Defense,
funds authorized and appropriated for the purpose
of covering all reasonable costs, not paid under sub-
section (e), that are incurred or will be incurred by
604
the Secretary to permanently relocate Department of
the Navy activities from the Complex under sub-
section (d).
(2) SUBMISSION OF COST ESTIMATES.—As soon
as practicable after the date of the enactment of this
Act , the Secretary of the Navy shall submit to the
Director of the Office of Management and Budget
and the Congress an initial estimate of the amounts
that will be necessary to cover the costs to perma-
nently relocate Department of the Navy activities
from the portion of the Complex to be transferred
under subsection (a). The Secretary shall include in
the estimate anticipated land acquisition and con-
struction costs. The Secretary shall revise the esti-
mate as necessary whenever information regarding
the actual costs for the relocation is obtained.
(g) TREATMENT OF FUNDS.—(1) Funds received by
the Secretary of the Navy, from sources outside the De-
partment of Defense, to relocate Department of the Navy
activities from the Complex shall be used to pay the costs
incurred by the Secretary to permanently relocate Depart-
ment of the Navy activities from the Complex. A military
construction project carried out using such funds is
deemed to be an authorized military construction project
for purposes of section 2802 of title 10, United States
605
Code. Section 2822 of such title shall continue to apply
to any military family housing unit proposed to be con-
structed or acquired using such funds.
(2) When a decision is made to carry out a military
construction project using such funds, the Secretary of the
Navy shall notify Congress in writing of that decision, in-
cluding the justification for the project and the current
estimate of the cost of the project. The project may then
be carried out only after the end of the 21-day period be-
ginning on the date the notification is received by Con-
gress or, if earlier, the end of the 14-day period beginning
on the date on which a copy of the notification is provided
in an electronic medium pursuant to section 480 of title
10, United States Code.
(h) EFFECT OF FAILURE TO RECEIVE SUFFICIENT
FUNDS FOR RELOCATION COSTS.—
(1) CONGRESSIONAL
NOTIFICATION.—At the
end of the three-year period beginning on the date
of the transfer of the Complex under subsection (a),
the Secretary of the Navy shall submit to Congress
a report—
(A) specifying the total amount needed to
cover both the initial and permanent costs of
relocating Department of the Navy activities
606
from the portion of the Complex transferred
under subsection (a);
(B) specifying the total amount of the ini-
tial relocation costs paid by the Secretary of the
Department of Homeland Security under sub-
section (e); and
(C) specifying the total amount of appro-
priated funds received by the Secretary of the
Navy, from sources outside the Department of
Defense, to cover the permanent relocation
costs.
(2) ROLE OF OMB.—The Secretary of the Navy
shall obtain the assistance and concurrence of the
Director of the Office of Management and Budget in
determining the total amount needed to cover both
the initial and permanent costs of relocating Depart-
ment of the Navy activities from the portion of the
Complex transferred under subsection (a), as re-
quired by paragraph (1)(A).
(3) CERTIFICATION
REGARDING
RELOCATION
COSTS.—Not later than 30 days after the date on
which the report under paragraph (1) is required to
be submitted to Congress, the President shall certify
to Congress whether the amounts specified in the re-
port pursuant to subparagraphs (B) and (C) of such
607
paragraph are sufficient to cover both the initial and
permanent costs of relocating Department of the
Navy activities from the portion of the Complex
transferred under subsection (a). The President
shall make this certification only after consultation
with the Chairman and ranking minority member of
the Committee on Armed Services and the Com-
mittee on Appropriations of the House of Represent-
atives and the Chairman and ranking minority mem-
ber of the Committee on Armed Services and the
Committee on Appropriations of the Senate.
(4) RESTORATION OF COMPLEX TO NAVY.—If
the President certifies under paragraph (3) that
amounts referred to in subparagraphs (B) and (C)
of paragraph (1) are insufficient to cover Navy relo-
cation costs, the Administrator of General Services,
at the request of the Secretary of the Navy, shall re-
store the Complex to the administrative jurisdiction
of the Secretary of the Navy.
(5) NAVY SALE OF COMPLEX.—If administra-
tive jurisdiction over the Complex is restored to the
Secretary of the Navy, the Secretary shall convey
the Complex by competitive sale. Amounts received
by the United States as consideration from any sale
under this paragraph shall be deposited in the spe-
608
cial account in the Treasury established pursuant to
section 572(b) of title 40, United States Code.
SEC. 2842. LAND CONVEYANCE, NAVY PROPERTY, FORMER
FORT SHERIDAN, ILLINOIS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Navy may convey, without consideration, to the State
of Illinois, a political subdivision of the State, or a non-
profit land conservation organization (in this section col-
lectively referred to as the ‘‘grantee’’), all right, title, and
interest of the United States in and to certain environ-
mentally sensitive land at the former Fort Sheridan, Illi-
nois, consisting of mostly bluffs and ravines, for the pur-
pose of ensuring the permanent protection of the lands.
(b) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the real property conveyed
under subsection (a) is not being used or maintained in
accordance with the purpose of the conveyance specified
in such subsection, all right, title, and interest in and to
all or any portion of the property shall revert, at the option
of the Secretary, to the United States, and the United
States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this
subsection shall be made on the record after an oppor-
tunity for a hearing.
609
(c) RECONVEYANCE AUTHORIZED.—The Secretary
may permit the grantee to convey the real property con-
veyed under subsection (a) to another eligible entity de-
scribed in such subsection, subject to the same covenants
and terms and conditions as provided in the deed from
the United States.
(d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The
Secretary shall require the grantee to cover costs to be
incurred by the Secretary, or to reimburse the Secretary
for costs incurred by the Secretary, to carry out the con-
veyance under subsection (a), including survey costs, costs
related to environmental documentation, and other admin-
istrative costs related to the conveyance. If amounts are
collected from the grantee in advance of the Secretary in-
curring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess
amount to the grantee.
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that
was used to cover the costs incurred by the Secretary in
carrying out the conveyance. Amounts so credited shall be
merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the
610
same conditions and limitations, as amounts in such fund
or account.
(e) EXEMPTION FROM FEDERAL SCREENING.—The
conveyance authorized by subsection (a) is exempt from
the requirement to screen the property for other Federal
use pursuant to sections 2693 and 2696 of title 10, United
States Code.
(f) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
under subsection (a) shall be determined by a survey satis-
factory to the Secretary.
(g) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
(a) as the Secretary considers appropriate to protect the
interests of the United States.
(h) USE
OF ALTERNATE CONVEYANCE AUTHOR-
ITY.—In lieu of using the authority provided by this sec-
tion to convey the real property described in subsection
(a), the Secretary may elect to include the property in a
conveyance authorized by section 2878 of title 10, United
States Code, subject to such terms, reservations, restric-
tions, and conditions as may be necessary to ensure the
permanent protection of the property, if the Secretary de-
611
termines that a conveyance under such section is advan-
tageous to the interests of the United States.
SEC. 2843. LAND EXCHANGE, NAVAL AIR STATION, PATUX-
ENT RIVER, MARYLAND.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Navy may convey to the State of Maryland (in this
section referred to as ‘‘State’’), all right, title, and interest
of the United States in and to a parcel of real property,
including improvements thereon, consisting of approxi-
mately five acres at Naval Air Station, Patuxent River,
Maryland, and containing the Point Lookout Lighthouse,
other structures related to the lighthouse, and an archae-
ological site pertaining to the military hospital that was
located on the property during the Civil War. The convey-
ance shall include artifacts pertaining to the military hos-
pital recovered by the Navy and held at the installation.
(b) PROPERTY RECEIVED IN EXCHANGE.—As con-
sideration for the conveyance of the real property under
subsection (a), the State shall convey to the United States
a parcel of real property consisting of approximately five
acres located in Point Lookout State Park, St. Mary’s
County, Maryland.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The
Secretary may require the State to cover costs to be in-
curred by the Secretary, or to reimburse the Secretary for
612
costs incurred by the Secretary, to carry out the convey-
ance under subsection (a), including survey costs, costs re-
lated to environmental documentation, relocation expenses
incurred under subsection (b), and other administrative
costs related to the conveyance. If amounts are collected
from the State in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the convey-
ance, the Secretary shall refund the excess amount to
State.
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that
was used to cover the costs incurred by the Secretary in
carrying out the conveyance. Amounts so credited shall be
merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the
same conditions and limitations, as amounts in such fund
or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the properties to be conveyed
under this section shall be determined by surveys satisfac-
tory to the Secretary.
(e) EXEMPTION FROM FEDERAL SCREENING.—The
conveyance authorized by subsection (a) is exempt from
the requirement to screen the property for other Federal
613
use pursuant to sections 2693 and 2696 of title 10, United
States Code.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyances under this section as
the Secretary considers appropriate to protect the inter-
ests of the United States.
PART III—AIR FORCE CONVEYANCES
SEC. 2851. LAND EXCHANGE, MAXWELL AIR FORCE BASE,
ALABAMA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Air Force may convey to the City of Montgomery, Ala-
bama (in this section referred to as the ‘‘City’’), all right,
title, and interest of the United States in and to a parcel
of real property, including improvements thereon, con-
sisting of all of the Maxwell Heights Housing site at Max-
well Air Force Base, Alabama.
(b) CONSIDERATION.—(1) As consideration for the
conveyance of the real property under subsection (a), the
City shall convey to the United States a parcel of real
property, including improvements thereon, consisting of
approximately 35 acres designated as project AL 6–4 that
is owned by the City and is contiguous to Maxwell Air
Force Base. The Secretary shall have jurisdiction over the
real property received under this paragraph.
614
(2) If the fair market value of the real property re-
ceived under paragraph (1) is less than the fair market
value of the real property conveyed under subsection (a),
the Secretary may require the City to make up the dif-
ference through the payment of cash, the provision of in-
kind consideration, or a combination thereof, to be deter-
mined pursuant to negotiations between the Secretary and
the City.
(3) The fair market values of the real property to
be exchanged under this section shall be determined by
appraisals acceptable to the Secretary and the City.
(c) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property to be conveyed under
this section shall be determined by surveys satisfactory to
the Secretary.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyances under this section
as the Secretary considers appropriate to protect the inter-
ests of the United States.
615
DIVISION C—DEPARTMENT OF
ENERGY NATIONAL SECURITY
AUTHORIZATIONS 
AND
OTHER AUTHORIZATIONS
TITLE 
XXXI—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security
Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2005 for the activities of
the National Nuclear Security Administration in carrying
out programs necessary for national security in the
amount of $9,047,700,000, to be allocated as follows:
(1) For weapons activities, $6,577,953,000.
(2) For defense nuclear nonproliferation activi-
ties, $1,338,147,000.
(3) For naval reactors, $797,900,000.
(4) For the Office of the Administrator for Nu-
clear Security, $333,700,000.
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—
From funds referred to in subsection (a) that are available
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for carrying out plant projects, the Secretary of Energy
may carry out, for weapons activities, the following new
plant projects:
Project 05–D–140, project engineering and de-
sign, various locations, $11,600,000.
Project 05–D–160, facilities and infrastructure
recapitalization program, project engineering and de-
sign, various locations, $8,700,000.
Project 05–D–170, project engineering and de-
sign, safeguards and security, various locations,
$17,000,000.
Project 05–D–401, production bays upgrade,
Pantex Plant, Amarillo, Texas, $25,100,000.
Project 05–D–402, beryllium capability project,
Y–12 national security complex, Oak Ridge, Ten-
nessee, $3,627,000.
Project 05–D–601, compressed air upgrades
project, Y–12 national security complex, Oak Ridge,
Tennessee, $4,400,000.
Project 05–D–602, power grid infrastructure
upgrade, Los Alamos National Laboratory, Los Ala-
mos, New Mexico, $10,000,000.
Project 05–D–603, new master substation,
Sandia National Laboratories, Albuquerque, New
Mexico, $600,000.
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Project 05–D–701, security perimeter, Los Ala-
mos National Laboratory, Los Alamos, New Mexico,
$20,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2005 for envi-
ronmental management activities in carrying out pro-
grams necessary for national security in the amount of
$6,863,307,000, to be allocated as follows:
(1) For defense site acceleration completion,
$5,876,837,000.
(2) 
For 
defense 
environmental 
services,
$986,470,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2005 for other
defense activities in carrying out programs necessary for
national security in the amount of $658,618,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2005 for defense
nuclear waste disposal for payment to the Nuclear Waste
Fund established in section 302(c) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount
of $131,000,000.
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Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions
SEC. 3111. EXTENSION OF AUTHORITY FOR APPOINTMENT
OF CERTAIN SCIENTIFIC, ENGINEERING, AND
TECHNICAL PERSONNEL.
Section 4601 of the Atomic Energy Defense Act (50
U.S.C. 2701) is amended by striking ‘‘September 30,
2004’’ and inserting ‘‘September 30, 2006’’.
SEC. 3112. REQUIREMENTS FOR BASELINE OF PROJECTS
UNDER FACILITIES AND INFRASTRUCTURE
RECAPITALIZATION PROGRAM.
Subsection (a) of section 3114 of the National De-
fense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1744; 50 U.S.C. 2453 note) is
amended—
(1) in paragraph (1) by inserting ‘‘of a base-
line’’ after ‘‘selection’’; and
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2)(A) After December 31, 2004, a project
may be added to or removed from the Facilities and
Infrastructure Recapitalization Program only after
the Administrator submits to the congressional de-
fense committees a notice that the Administrator
619
has identified such project for addition or removal
and has approved such addition or removal as a
modification to the baseline for that program.
‘‘(B) The Administrator may not obligate funds
for any project added under subparagraph (A) until
a period of 60 days has elapsed after the date on
which such committees receive the notice under sub-
paragraph (A) with respect to that project.
‘‘(C) The authority of the Administrator to
identify and approve under subparagraph (A) may
not be delegated.’’.
Subtitle C—Other Matters
SEC. 3131. TRANSFERS AND REPROGRAMMINGS OF NA-
TIONAL NUCLEAR SECURITY ADMINISTRA-
TION FUNDS.
Section 3252 of the National Nuclear Security Ad-
ministration Act (50 U.S.C. 2452) is amended by adding
at the end the following new subsection:
‘‘(d) TRANSFER AND REPROGRAMMING PROCESS.—
(1) The Administrator shall have sole jurisdiction within
the Department of Energy to submit to Congress or the
appropriate congressional committees a notice of, or re-
quest for, a transfer or reprogramming of funds of the
Administration.
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‘‘(2) The functions of the Chief Financial Officer of
the Department of Energy shall not apply to a notice or
request described in paragraph (1), except to certify
whether the funds covered by such notice or request are
available.’’.
SEC. 3132. NATIONAL ACADEMY OF SCIENCES STUDY ON
MANAGEMENT BY DEPARTMENT OF ENERGY
OF HIGH-LEVEL RADIOACTIVE WASTE.
(a) REVIEW REQUIRED.—The Secretary of Energy
shall enter into an arrangement with the National Re-
search Council of the National Academy of Sciences to
carry out a study of the plans of the Department of En-
ergy to manage the waste streams specified in subsection
(b) that are not currently planned for disposal in a high-
level repository.
(b) COVERED WASTE STREAMS.—The waste streams
referred to in subsection (a) are the streams of high-level
radioactive waste at—
(1) the Savannah River Site, South Carolina;
(2) the Idaho National Engineering Laboratory,
Idaho; and
(3) the Hanford Reservation, Washington.
(c) MATTERS INCLUDED.—The study required by
subsection (a) shall evaluate—
627
(1) in paragraph (3), by striking ‘‘each of the
fiscal years 2004 and 2005’’ and inserting ‘‘fiscal
year 2004’’; and
(2) by adding at the end the following new
paragraph:
‘‘(4) During fiscal year 2005, 100,000 short
tons of high carbon manganese ferro of the highest
grade.
SEC. 3303. REVISION OF EARLIER AUTHORITY TO DISPOSE
OF CERTAIN MATERIALS IN NATIONAL DE-
FENSE STOCKPILE.
Section 3303(a) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 50 U.S.C. 98d note) is amended by striking
paragraphs (4) and (5) and inserting the following new
paragraphs:
‘‘(4) $785,000,000 by the end of fiscal year
2005; and
‘‘(5) $870,000,000 by the end of fiscal year
2009.’’.
TITLE XXXIV—NAVAL
PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are hereby authorized to be appropriated to the Secretary