347
companies or other business entities, as determined by the
Secretary) that the Secretary determines—
(1) conducts a significant level of its research,
development, engineering, and manufacturing activi-
ties in the United States;
(2) is a company or other business entity the
majority ownership or control of which is by United
States citizens or is a company or other business of
a parent company that is incorporated in a country
the government of which—
(A) encourages the participation of firms
so owned or controlled in research and develop-
ment consortia to which the government of that
country provides funding directly or provides
funding indirectly through international organi-
zations or agreements; and
(B) affords adequate and effective protec-
tion for the intellectual property rights of com-
panies incorporated in the United States;
(3) provides technology products or services
critical to the operations of the Department of De-
fense; and
(4) meets standards of prevention of
cyberterrorism applicable to the Department of
Defense.
348
(e) GOALS AND STANDARDS.—The Secretary shall
prescribe regulations setting forth goals for the use of the
loan guarantees provided under this section and standards
for evaluating whether those goals are met by each entity
receiving such loan guarantees.
(f) FEES.—(1) The Secretary shall prescribe regula-
tions to assess a fee for providing a loan guarantee under
this section. The amount of such fee shall be not less than
75 percent of the amount incurred by the Secretary to
provide the loan guarantee. Such fees shall be credited to
a special account in the Treasury. Amounts in the special
account shall be available, to the extent and in amounts
provided in appropriations Acts, for paying the costs of
administrative expenses of the Department of Defense
that are attributable to the loan guarantee program under
this section.
(2)(A) If for any fiscal year amounts in the special
account established under paragraph (1) are not available
(or are not anticipated to be available) in a sufficient
amount for administrative expenses of the Department of
Defense for that fiscal year that are directly attributable
to the administration of the program under this section,
the Secretary may use amounts currently available for op-
erations and maintenance for Defense-wide activities, not
to exceed $500,000 in any fiscal year, for those expenses.
349
(B) The Secretary shall, from funds in the special
account established under paragraph (1), replenish oper-
ations and maintenance accounts for amounts expended
under subparagraph (A) as soon as the Secretary deter-
mines practicable.
(g) ADMINISTRATION.—(1) The Secretary shall enter
into one or more agreements, each with an appropriate
Federal or private entity, under which such entity shall,
under this section—
(A) process applications for loan guarantees;
(B) guarantee repayment of loans; and
(C) provide any other services to the Secretary
to administer this section.
(2) The cost of such agreements shall be considered,
for purposes of the special account established under sub-
section (f)(1), to be costs of administrative expenses of
the Department of Defense that are attributable to the
loan guarantee program under this section.
(h) REPORTS.—
(1) BY RECIPIENTS.—The Secretary shall re-
quire each recipient of a loan guarantee under this
section, as a condition of receiving that loan guar-
antee, to submit to the Secretary a report on the re-
sults of the improvements carried out pursuant to
the loan guarantee.
350
(2) BY SECRETARY.—Not later than March 1
of each year in which a guarantee issued under this
section is in effect, the Secretary shall submit to
Congress a report specifying the amounts of loans
guaranteed under this section during the preceding
calendar year. The report shall include an evaluation
of the success of the loan guarantees, an assessment
of the program as it relates to the support of the
Department’s Critical Infrastructure Protection Pro-
gram, and any other information that the Secretary
considers appropriate.
(i) DEFINITIONS.— In this section:
(1) The term ‘‘critical infrastructure’’ means
telecommunications systems, information systems,
and facilities, the loss of which would have a debili-
tating effect on the ability of the commercial firm to
deliver technology products or services to the De-
partment of Defense.
(2) The term ‘‘cyberterrorism’’ means the com-
mission of any of the following acts with respect to
protected 
computers 
(as 
defined 
in 
section
1030(e)(2) of title 18, United States Code):
(A) Knowing transmission of a program,
information, code, or command, that as a result
351
of such conduct, intentionally causes damage
without authorization, to a protected computer.
(B) Intentional access of a protected com-
puter without authorization, that as a result of
such conduct, recklessly causes damage.
(C) Intentional access of a protected com-
puter without authorization, that as a result of
such conduct, causes damage.
(j) AUTHORIZATION OF APPROPRIATIONS.—Of the
amount authorized to be appropriated for Defense-wide
activities by section 201(4), $500,000 shall be available
only for the purpose of providing loan guarantees under
this section.
SEC. 1037. V–22 COCKPIT AIRCRAFT VOICE AND FLIGHT
DATA RECORDERS.
The Secretary of Defense shall require that all V–
22 Osprey aircraft be equipped with a state-of-the-art
cockpit voice recorder and a state-of-the-art flight data re-
corder each of which meets, at a minimum, the standards
for such devices recommended by the National Transpor-
tation Safety Board.
SEC. 1038. ADDITIONAL WEAPONS OF MASS DESTRUCTION
CIVIL SUPPORT TEAMS.
During fiscal year 2001, the Secretary of Defense
may establish up to five additional teams designated as
352
Weapons of Mass Destruction Civil Support Teams (for
a total of 32 such teams), to the extent that sources of
funding for such additional teams are identified.
SEC. 1039. COMMISSION ON THE FUTURE OF THE UNITED
STATES AEROSPACE INDUSTRY.
(a) ESTABLISHMENT.—Not later than March 1,
2001, the President shall establish a commission to be
known as the ‘‘Commission on the Future of the United
States Aerospace Industry’’ (in this section referred to as
the ‘‘Commission’’).
(b) DUTIES.—The Commission shall have the fol-
lowing duties:
(1) To study the issues relevant to the future
of the United States aerospace industry with respect
to the economic and national security of the United
States.
(2) To assess the future importance of the
United States aerospace industry to the economic
and national security of the United States.
(3) To evaluate the effect on the United States
aerospace industry of the laws, regulations, policies,
and procedures of the Federal Government with re-
spect to—
(A) the budget;
(B) research and development;
353
(C) acquisition, including financing and
payment of contracts;
(D) operation and maintenance;
(E) international trade and export of tech-
nology;
(F) taxation; and
(G) science and engineering education.
(4) To study in particular detail the adequacy
of projected budgets of Federal agencies for—
(A) aerospace research and development
and procurement;
(B) maintaining the national space launch
infrastructure; and
(C) supporting aerospace science and engi-
neering efforts at institutions of higher edu-
cation.
(5) To consider and recommend feasible actions
by the Federal Government to support the ability of
the United States aerospace industry to remain ro-
bust into the future.
(c) COMPOSITION.—(1) The Commission shall be
composed of not less than 10 and not more than 17 mem-
bers appointed by the President.
354
(2) Each member shall be an individual with exten-
sive experience and a national reputation with respect to
one or more of the following:
(A) Aerospace manufacturing.
(B) Labor organizations associated with aero-
space manufacturing.
(C) Economics or finance.
(D) National security.
(E) International trade or foreign policy.
(3) Members shall serve without pay by reason of
their work on the Commission.
(4) Each member shall receive travel expenses, in-
cluding per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
(5) The Chairperson of the Commission shall be des-
ignated by the President at the time of the appointment.
(d) POWERS.—(1) A number not less than 50 percent
of the total number of members of the Commission shall
constitute a quorum but a lesser number may hold hear-
ings.
(2) The Commission shall meet at the call of the
Chairperson.
(3) The Commission may, for the purpose of carrying
out this section, hold hearings, sit and act at times and
355
places, take testimony, and receive evidence as the Com-
mission considers appropriate.
(4) Any member or agent of the Commission may,
if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(5) The Commission may secure directly from any de-
partment or agency of the United States information nec-
essary to enable it to carry out this section. Upon request
of the Chairperson of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(6) The Commission may use the United States mails
in the same manner and under the same conditions as
other departments and agencies of the United States.
(7) Upon the request of the Commission, the Admin-
istrator of General Services shall provide to the Commis-
sion, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its re-
sponsibilities under this section.
(e) DIRECTOR AND STAFF.—(1) The Chairperson
shall appoint and fix the pay of a Director.
(2) The Chairperson may appoint and fix the pay of
additional personnel as the Chairperson considers appro-
priate.
356
(3) The Director and staff of the Commission may
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the com-
petitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53
of that title relating to classification and General Schedule
pay rates.
(4) With the approval of the Commission, the Chair-
person may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
(5) Upon request of the Chairperson, the head of any
Federal department or agency may detail, on a reimburs-
able basis, any of the personnel of that department or
agency to the Commission to assist it in carrying out its
duties under this section.
(f) REPORT.—Not later than March 1, 2002, the
Commission shall transmit a report to the Congress. The
report shall contain a detailed statement of the findings
and conclusions of the Commission, the recommendations
of the Commission for legislation or administrative action,
and such other information as the Commission considers
appropriate.
(g) TERMINATION.—The Commission shall terminate
30 days after submitting its report pursuant to subsection
(f).
357
(h) FUNDING.—Funds for activities of the Commis-
sion shall be provided from amounts appropriated for the
Department of Defense for operation and maintenance for
Defense-wide activities. Upon receipt of a written certifi-
cation from the Chairperson of the Commission specifying
the funds required for the activities of the Commission,
the Secretary of Defense shall promptly disburse to the
Commission, from such amounts, the funds required by
the Commission as stated in such certification.
SEC. 1040. SENSE OF THE CONGRESS REGARDING INFOR-
MATION TECHNOLOGY SYSTEMS.
It is the sense of the Congress that—
(1) the Department of Defense must focus on
upgrading information technology systems to allow
seamless and interoperable communications; and
(2) each Secretary of a military department
must demonstrate an unwavering commitment to
achieving this goal and must ensure that commu-
nications systems within the active, reserve, and Na-
tional Guard component of that military department
receive equal attention and funding for information
technology.
358
SEC. 1041. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRA-
TION AND NATURALIZATION SERVICE AND
CUSTOMS SERVICE.
(a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE-
FENSE.—Chapter 18 of title 10, United States Code, is
amended by inserting after section 374 the following new
section:
‘‘§ 374a. Assignment of members to assist border pa-
trol and control
‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission
of a request consistent with subsection (b), the Secretary
of Defense may assign members of the Army, Navy, Air
Force, and Marine Corps to assist—
‘‘(1) the Immigration and Naturalization Serv-
ice in preventing the entry of terrorists and drug
traffickers into the United States; and
‘‘(2) the United States Customs Service in the
inspection of cargo, vehicles, and aircraft at points
of entry into the United States to prevent the entry
of weapons of mass destruction, components of
weapons of mass destruction, prohibited narcotics or
drugs, or other terrorist or drug trafficking items.
‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment
of members under subsection (a) may occur only if—
‘‘(1) the assignment is at the request of the At-
torney General, in the case of an assignment to the
359
Immigration and Naturalization Service, or the Sec-
retary of the Treasury, in the case of an assignment
to the United States Customs Service; and
‘‘(2) the request of the Attorney General or the
Secretary of the Treasury (as the case may be) is
accompanied by a certification by the President that
the assignment of members pursuant to the request
is necessary to respond to a threat to national secu-
rity posed by the entry into the United States of ter-
rorists or drug traffickers.
‘‘(c) TRAINING PROGRAM REQUIRED.—The Attorney
General or the Secretary of the Treasury (as the case may
be), together with the Secretary of Defense, shall establish
a training program to ensure that members receive general
instruction regarding issues affecting law enforcement in
the border areas in which the members may perform du-
ties under an assignment under subsection (a). A member
may not be deployed at a border location pursuant to an
assignment under subsection (a) until the member has
successfully completed the training program.
‘‘(d) CONDITIONS ON USE.—(1) Whenever a member
who is assigned under subsection (a) to assist the Immi-
gration and Naturalization Service or the United States
Customs Service is performing duties at a border location
pursuant to the assignment, a civilian law enforcement of-
360
ficer from the agency concerned shall accompany the
member.
‘‘(2) Nothing in this section shall be construed to—
‘‘(A) authorize a member assigned under sub-
section (a) to conduct a search, seizure, or other
similar law enforcement activity or to make an ar-
rest; and
‘‘(B) supersede section 1385 of title 18 (popu-
larly known as the ‘Posse Comitatus Act’).
‘‘(e) NOTIFICATION REQUIREMENTS.—The Attorney
General or the Secretary of the Treasury (as the case may
be) shall notify the Governor of the State in which mem-
bers are to be deployed pursuant to an assignment under
subsection (a), and local governments in the deployment
area, of the deployment of the members to assist the Im-
migration and Naturalization Service or the United States
Customs Service (as the case may be) and the types of
tasks to be performed by the members.
‘‘(f) REIMBURSEMENT REQUIREMENT.—Section 377
of this title shall apply in the case of members assigned
under subsection (a).
‘‘(g) TERMINATION OF AUTHORITY.—No assignment
may be made or continued under subsection (a) after Sep-
tember 30, 2002.’’.
361
(b) COMMENCEMENT OF TRAINING PROGRAM.—The
training program required by subsection (b) of section
374a of title 10, United States Code, shall be established
as soon as practicable after the date of the enactment of
this Act.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 374 the following new
item:
‘‘374a. Assignment of members to assist border patrol and control.’’.
TITLE XI—DEPARTMENT OF
DEFENSE CIVILIAN PERSONNEL
SEC. 1101. EMPLOYMENT AND COMPENSATION PROVISIONS
FOR EMPLOYEES OF TEMPORARY ORGANIZA-
TIONS ESTABLISHED BY LAW OR EXECUTIVE
ORDER.
(a) IN GENERAL.—Chapter 31 of title 5, United
States Code, is amended by adding at the end the fol-
lowing new subchapter:
362
‘‘SUBCHAPTER IV—EMPLOYMENT AND COM-
PENSATION FOR EMPLOYEES OF TEM-
PORARY ORGANIZATIONS IN THE EXECU-
TIVE BRANCH ESTABLISHED BY LAW OR
EXECUTIVE ORDER
‘‘§ 3161. Temporary organizations established by law
or Executive order
‘‘(a) DEFINITION OF TEMPORARY ORGANIZATION.—
For the purposes of this subchapter, the term ‘temporary
organization’ means an organization such as a commis-
sion, committee, or board that is established by law in the
legislative or executive branches, or by Executive order in
the executive branch, for a specific period, which shall not
exceed 5 years, for the purpose of performing specific
projects or studies.
‘‘(b) HIRING AUTHORITY.—Notwithstanding the pro-
visions of chapter 51, the head of a temporary organiza-
tion may employ such numbers and types of employees
as required to perform the functions required of the tem-
porary organization. Employees may be appointed for a
period of 5 years or the life of the temporary organization,
whichever is less.
‘‘(c) STATUS OF POSITIONS AND APPOINTMENTS.—
Positions of employment in a temporary organization are
excepted from the competitive service.
363
‘‘(d) COMPENSATION.—(1) The basic pay of an em-
ployee of a temporary organization may be set without re-
gard to the provisions of chapter 51 or subchapter III of
chapter 53, except that—
‘‘(A) basic pay for an executive level position
(such as a chairperson, member, or executive or staff
director), and, in exceptional cases, for senior staff
shall be capped at the maximum rate of basic pay
established for the Senior Executive Service under
subchapter VIII of chapter 53; and
‘‘(B) basic pay for other staff may not exceed
the maximum rate of basic pay for GS–15 of the
General Schedule.
‘‘(2) An employee whose rate of basic pay is set under
paragraph (1) shall be entitled to locality-based com-
parability payments, as provided under section 5304.
‘‘(e) TRAVEL EXPENSES.—An employee of a tem-
porary organization, whether employed on a full-time or
part-time basis, may be entitled to travel and transpor-
tation allowances, including per diem allowances, author-
ized for employees under subchapter I of chapter 57, while
traveling away from the regular place of business of the
employee in the performance of services for the temporary
organization.
364
‘‘(f) RETURN RIGHTS.—An employee serving under
a career or career-conditional appointment, or the equiva-
lent, who transfers to or converts to an appointment in
a temporary organization with the consent of the head of
the agency (or the designee of the agency head) in which
the employee was serving is entitled to be returned to a
position of like seniority, status, and pay (without grade
or pay retention) as the former position in the agency from
which employed immediately preceding employment with
the temporary organization if—
‘‘(1) the employee is being separated from the
temporary organization for reasons other than mis-
conduct, neglect of duty, or malfeasance; and
‘‘(2) the employee applies for return rights not
later than 30 days before the end of the employment
in the temporary organization, or the termination of
the temporary organization, whichever is earlier.
‘‘(g) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The head of the temporary organiza-
tion may procure temporary and intermittent services
under section 3109(b).
‘‘(h) ACCEPTANCE OF VOLUNTEER SERVICES.—(1)
The head of a temporary organization may accept volun-
teer services relating to the duties of the temporary orga-
nization without regard to section 1342 of title 31, includ-
365
ing service as advisers, experts, members, or in other ca-
pacities determined appropriate by the head of the tem-
porary organization. The head of the temporary
organization—
‘‘(A) shall assure that all persons accepted as
volunteers are notified of the scope of the voluntary
services accepted;
‘‘(B) shall supervise volunteers to the same ex-
tent as employees receiving compensation for similar
services; and
‘‘(C) shall ensure that volunteers have appro-
priate credentials or are otherwise qualified to per-
form in the capacities for which they are accepted.
‘‘(2) A person providing volunteer services
under this subsection shall be considered an em-
ployee of the Federal Government for the purposes
of chapters 73 and 81, chapter 171 of title 28, chap-
ter 11 of title 18, and part 2635 of title 5 of the
Code of Federal regulations.
‘‘(i) DETAILEES.—Upon request of the head of the
temporary organization, the head of any department or
agency of the United States may detail, on a nonreimburs-
able basis, any personnel of the department or agency to
the temporary organization to assist in carrying out its
duties.’’.
366
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the items relating to subchapter III the following:
‘‘SUBCHAPTER IV—EMPLOYMENT AND COMPENSATION FOR EM-
PLOYEES OF TEMPORARY ORGANIZATIONS ESTABLISHED BY
LAW OR EXECUTIVE ORDER
‘‘3161. Temporary organizations established by law or Executive order.’’.
SEC. 1102. RESTRUCTURING THE RESTRICTION ON DEGREE
TRAINING.
Section 4107 of title 5, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘subsection
(b)’’ and inserting ‘‘subsections (b) and (c)’’;
(2) in subsection (b)(1), by striking ‘‘subsection
(a)’’ and inserting ‘‘subsections (a) or (c)’’; and
(3) by adding at the end the following new sub-
section:
‘‘(c) With respect to an employee of the Department
of Defense—
‘‘(1) this chapter does not authorize, except as
provided in subsection (b) of this section, the selec-
tion and assignment of the employee for training, or
the payment or reimbursement of the costs of train-
ing, for—
‘‘(A) the purpose of providing an oppor-
tunity to the employee to obtain an academic
degree in order to qualify for appointment to a
367
particular position for which the academic de-
gree is a basic requirement; or
‘‘(B) the sole purpose of providing an op-
portunity to the employee to obtain one or more
academic degrees, unless such opportunity is
part of a planned, systematic, and coordinated
program of professional development endorsed
by the Department of Defense; and
‘‘(2) any course of post-secondary education de-
livered through classroom, electronic, or other means
shall be administered or conducted by an institution
recognized under standards implemented by a na-
tional or regional accrediting body, except in a case
in which such standards do not exist or would not
be appropriate.’’.
SEC. 1103. CONTINUATION OF TUITION REIMBURSEMENT
AND TRAINING FOR CERTAIN ACQUISITION
PERSONNEL.
Section 1745(a)(2) of title 10, United States Code,
is amended by striking ‘‘September 30, 2001’’ and insert-
ing ‘‘September 30, 2005’’.
368
SEC. 1104. EXTENSION OF AUTHORITY FOR CIVILIAN EM-
PLOYEES OF THE DEPARTMENT OF DEFENSE
TO PARTICIPATE VOLUNTARILY IN REDUC-
TIONS IN FORCE.
Section 3502(f)(5) of title 5, United States Code, is
amended by striking ‘‘September 30, 2001’’ and inserting
‘‘September 30, 2005’’.
SEC. 1105. EXPANSION OF DEFENSE CIVILIAN INTEL-
LIGENCE PERSONNEL SYSTEM POSITIONS.
(a) AUTHORITY FOR SENIOR DOD INTELLIGENCE
POSITIONS THROUGHOUT DEPARTMENT OF DEFENSE.—
Section 1601(a)(1) of title 10, United States Code, is
amended—
(1) by striking ‘‘in the intelligence components
of the Department of Defense and the military de-
partments’’ and inserting ‘‘in the Department of De-
fense’’; and
(2) by striking ‘‘of those components and de-
partments’’ and inserting ‘‘of the Department’’.
(b) CONFORMING AMENDMENT FOR PERSONS ELIGI-
BLE FOR POSTEMPLOYMENT ASSISTANCE.—Section 1611
of such title is amended—
(1) in subsection (a)(1), by striking ‘‘intel-
ligence component of the Department of Defense’’
and inserting ‘‘defense intelligence position’’;
(2) in subsection (b)—
369
(A) by striking ‘‘sensitive position in an in-
telligence component of the Department of De-
fense’’ in the matter preceding paragraph (1)
and inserting ‘‘sensitive defense intelligence po-
sition’’; and
(B) by striking ‘‘with the intelligence com-
ponent’’ in paragraphs (1) and (2) and insert-
ing ‘‘in a defense intelligence position’’;
(3) in subsection (d), by striking ‘‘an intel-
ligence component of the Department of Defense’’
and inserting ‘‘in a defense intelligence position’’;
and
(4) by striking subsection (f).
(c) CONFORMING AMENDMENT FOR DEFINITION OF
DEFENSE INTELLIGENCE POSITION.—Section 1614(1) of
such title is amended by striking ‘‘of an intelligence com-
ponent of the Department of Defense or of a military de-
partment’’ and inserting ‘‘of the Department of Defense’’.
SEC. 1106. PILOT PROGRAM FOR REENGINEERING THE
EQUAL EMPLOYMENT OPPORTUNITY COM-
PLAINT PROCESS.
(a) PILOT PROGRAM.—(1) The Secretary of the Navy
may carry out a pilot program to improve processes for
the resolution of equal employment opportunity com-
plaints by civilian employees of the Department of the
370
Navy. Complaints processed under the pilot program shall
be subject to the procedural requirements established for
the pilot program and shall not be subject to the proce-
dural requirements of 29 CFR part 1614 or other regula-
tions or directives of the Equal Employment Opportunity
Commission.
(2) The pilot program shall include procedures to re-
duce processing time and eliminate redundancy with re-
spect to processes for the resolution of equal employment
opportunity complaints, reinforce local management and
chain-of-command accountability, and provide the parties
involved with early opportunity for resolution.
(3) The Secretary may waive any regulatory restric-
tions prescribed by the Equal Employment Opportunity
Commission in carrying out the pilot program.
(4) The Secretary may carry out the pilot program
for a period of 5 years, beginning on January 1, 2001.
(5) Participation in the pilot program shall be vol-
untary on the part of the complainant. Complainants who
participate in the pilot program shall retain the right to
appeal a final agency decision to the Equal Employment
Opportunity Commission and to file suit in district court.
The Equal Employment Opportunity Commission shall
not reverse a final agency decision on the grounds that
the agency did not comply with the regulatory require-
371
ments promulgated by the Commission. This paragraph
applies to all cases currently pending before the Equal
Employment Opportunity Commission or hereinafter filed
with the Commission.
(b) REPORT.—Not later than 90 days following the
end of the second and fourth full or partial fiscal years
during which the pilot program is implemented, the Comp-
troller General shall submit to Congress a report on the
pilot program. Such reports shall contain the following:
(1) A description of the processes tested by the
pilot program.
(2) The results of such testing.
(3) Recommendations for changes to the proc-
esses for the resolution of equal employment oppor-
tunity complaints as a result of such pilot program.
(4) A comparison of the processes used under
the pilot program to traditional and alternative dis-
pute resolution processes used in the government or
private industry.
372
SEC. 1107. TEMPORARY AUTHORITY REGARDING VOL-
UNTARY 
SEPARATION 
INCENTIVES 
AND
EARLY RETIREMENT FOR EMPLOYEES OF
THE DEPARTMENT OF THE AIR FORCE.
(a) SEPARATION PAY.—Section 5597 of title 5,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(i)(1) In this subsection:
‘‘(A) the term ‘agency’ means the Department
of the Air Force;
‘‘(B) the term ‘employee’ means an employee
(as defined by section 2105) who is employed by the
agency, is serving under an appointment without
time limitation, and has been currently employed for
a continuous period of at least 3 years, but does not
include—
‘‘(i) a reemployed annuitant under sub-
chapter III of chapter 83 or chapter 84, or an-
other retirement system for employees of the
agency;
‘‘(ii) an employee having a disability on the
basis of which such employee is or would be eli-
gible for disability retirement under subchapter
III of chapter 83 or chapter 84, or another re-
tirement system for employees of the agency;
373
‘‘(iii) an employee who is in receipt of a
specific notice of involuntary separation for mis-
conduct or unacceptable performance;
‘‘(iv) an employee who has previously re-
ceived any voluntary separation incentive pay-
ment by the Federal Government under this
section or any other authority and has not re-
paid such payment;
‘‘(v) an employee covered by statutory re-
employment rights who is on transfer to an-
other organization; or
‘‘(vi) any employee who, during the 24-
month period preceding the date of separation,
has received a recruitment or relocation bonus
under section 5753 or who, within the 12-
month period preceding the date of separation,
received a retention allowance under section
5754.
‘‘(2)(A) A voluntary separation incentive payment
may be paid under this section by the agency to any em-
ployee to maintain continuity of skills among the agency’s
employees or to adapt the skills of the agency’s workforce
to the emerging technologies critical to the agency’s needs
and goals.
374
‘‘(B) A voluntary separation incentive payment under
this subsection—
‘‘(i) shall be paid in a lump sum after the em-
ployee’s separation;
‘‘(ii) shall be paid from appropriations or funds
available for the payment of the basic pay of the em-
ployees;
‘‘(iii) shall be equal to the lesser of—
‘‘(I) an amount equal to the amount the
employee would be entitled to receive under sec-
tion 5595(c); or
‘‘(II) an amount determined by the agency
head not to exceed $25,000;
‘‘(iv) may not be made except in the case of any
qualifying 
employee 
who 
voluntarily 
separates
(whether by retirement or resignation) before De-
cember 31, 2003;
‘‘(v) shall not be a basis for payment, and shall
not be included in the computation, of any other
type of Government benefit; and
‘‘(vi) shall not be taken into account in deter-
mining the amount of any severance pay to which
the employee may be entitled under section 5595
based on any other separation.
375
‘‘(3)(A) The head of the agency, prior to obligating
any resources for voluntary separation incentive payments
under this subsection, shall submit to the House and Sen-
ate Committees on Armed Services and the Committee on
Governmental Affairs of the Senate and the Committee
on Government Reform of the House of Representatives
a strategic plan outlining the intended use of such incen-
tive payments and a proposed organizational chart for the
agency once such incentive payments have been completed.
‘‘(B) The agency’s plan shall include—
‘‘(i) any positions and functions to be reduced
or eliminated, identified by organizational unit, geo-
graphic location, occupational category and grade
level;
‘‘(ii) the number and amounts of voluntary sep-
aration incentive payments to be offered;
‘‘(iii) the steps to be taken to maintain con-
tinuity of skills among the agency’s employees or to
adapt the skills of the agency’s workforce to the
emerging technologies critical to the agency’s needs
and goals; and
‘‘(iv) a description of how the agency will oper-
ate without the eliminated positions and functions.
‘‘(4) In addition to any other payments which it is
required to make under subchapter III of chapter 83 the
376
agency shall remit to the Office of Personnel Management
for deposit in the Treasury of the United States to the
credit of the Civil Service Retirement and Disability Fund
an amount equal to be determined in accordance with
paragraph (5).
‘‘(5)(A) The amount remitted to the Treasury shall
be the sum determined as follows. First, apply the fol-
lowing percentages to the final basic pay of each employee
who is covered under subchapter III of chapter 83 or
chapter 84 to whom a voluntary separation incentive has
been paid under this section and who retires on an early
retirement or an immediate annuity:
‘‘(i) 19 percent in the case of an employee cov-
ered under subchapter III of chapter 83 who takes
an early retirement; or
‘‘(ii) 58 percent in the case of an employee cov-
ered under subchapter III of chapter 83 who takes
an immediate annuity.
‘‘(B) Second, the sum of the amounts determined
under clauses (i) and (ii) of subparagraph (A) shall be
reduced, but not below zero, by the sum determined by
applying the following percentages to the final basic pay
of each employee who is covered under chapter 84 to
whom a voluntary separation incentive has been paid
under this section and who resigns or retires on an early
377
retirement or immediate annuity, or an employee covered
under subchapter III of chapter 83 to whom a voluntary
separation incentive has been paid under this section and
who resigns:
‘‘(i) 419 percent in the case of an employee cov-
ered under subchapter III of chapter 83 who re-
signs;
‘‘(ii) 17 percent in the case of an employee cov-
ered under chapter 84 who takes an early retire-
ment;
‘‘(iii) 8 percent in the case of an employee cov-
ered under chapter 84 who retires on an immediate
annuity; and
‘‘(iv) 211 percent in the case of an employee
covered under chapter 84 who resigns.
‘‘(6) Under regulations prescribed by the Office of
Personnel Management, the agency may elect to make the
remittances required under paragraph (4) in installments
over a period not to exceed 3 years. In such case, the per-
centages to be applied under paragraph (5) shall be those
determined by the Office as are necessary to equalize the
net present value of retirement benefits payable to employ-
ees who retire or resign with a separation incentive under
this subsection and the net present value of retirement
benefits those employees would have received if they had
378
continued to work and then retired or resigned at the
standard rates observed for the workforce.’’.
(b) RETIREMENT UNDER CIVIL SERVICE RETIRE-
MENT SYSTEM.—Section 8336 of such title is amended
by adding at the end the following new subsection:
‘‘(o)(1) An employee of the Department of the Air
Force who is separated from the service voluntarily as a
result of a determination described in paragraph (2) after
completing 25 years of service or after becoming 50 years
of age and completing 20 years of service is entitled to
an annuity.
‘‘(2) A determination under this paragraph is a deter-
mination by the Secretary of the Air Force that the sepa-
ration described in paragraph (1) is necessary for the pur-
pose of maintaining continuity of skills among employees
of the Department of the Air Force and adapting the skills
of the workforce of the Department to emerging tech-
nologies critical to the needs and goals of the Depart-
ment.’’.
(c) RETIREMENT UNDER FEDERAL EMPLOYEES’ RE-
TIREMENT SYSTEM.—Section 8414 of such title is amend-
ed by adding at the end the following new subsection:
‘‘(d)(1) An employee of the Department of the Air
Force who is separated from the service voluntarily as a
result of a determination described in paragraph (2) after
379
completing 25 years of service or after becoming 50 years
of age and completing 20 years of service is entitled to
an annuity.
‘‘(2) A determination under this paragraph is a deter-
mination by the Secretary of the Air Force that the sepa-
ration described in paragraph (1) is necessary for the pur-
pose of maintaining continuity of skills among employees
of the Department of the Air Force and adapting the skills
of the workforce of the Department to emerging tech-
nologies critical to the needs and goals of the Depart-
ment.’’.
(d) Reports.—The Secretary of the Air Force shall
submit annual reports to the House and Senate Commit-
tees on Armed Services and the Committee on Govern-
mental Affairs of the Senate and the Committee on Gov-
ernment Reform of the House of Representatives describ-
ing the use of the authority provided in the amendments
made by this section and the bases for using such author-
ity with respect to the employees chosen.
(e) LIMITATION OF APPLICABILITY.—The authority
to provide separation pay and retirement benefits under
the amendments made by this section—
(1) may be exercised with respect to not more
than 1000 civilian employees of the Department of
the Air Force during each calendar year; and
380
(2) shall expire on December 31, 2003.
TITLE XII—MATTERS RELATING
TO OTHER NATIONS
SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EF-
FORTS TO INSPECT AND MONITOR IRAQI
WEAPONS ACTIVITIES.
(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS-
CAL YEAR 2001—The total amount of the assistance for
fiscal year 2001 that is provided by the Secretary of De-
fense under section 1505 of the Weapons of Mass Destruc-
tion Control Act of 1992 (22 U.S.C. 5859a) as activities
of the Department of Defense in support of activities
under that Act may not exceed $15,000,000.
(b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST-
ANCE.—Subsection (f) of section 1505 of the Weapons of
Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)
is amended by striking ‘‘2000’’ and inserting ‘‘2001’’.
SEC. 1202. ANNUAL REPORT ASSESSING EFFECT OF CON-
TINUED OPERATIONS IN THE BALKANS RE-
GION ON READINESS TO EXECUTE THE NA-
TIONAL MILITARY STRATEGY.
Section 1035 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.
753) is amended—
381
(1) in subsection (a), by striking ‘‘Not later
than 180 days after the date of the enactment of
this Act’’ and inserting ‘‘Not later than April 1 each
year’’;
(2) in subsection (b), by striking ‘‘The report’’
in the matter preceding paragraph (1) and inserting
‘‘Each report’’; and
(3) in subsection (d), by striking ‘‘the report’’
and inserting ‘‘a report’’.
SEC. 1203. SITUATION IN THE BALKANS.
(a) ESTABLISHMENT OF NATO BENCHMARKS FOR
WITHDRAWAL OF FORCES FROM KOSOVO.—The Presi-
dent shall develop, not later than May 31, 2001, militarily
significant benchmarks for conditions that would achieve
a sustainable peace in Kosovo and ultimately allow for the
withdrawal of the United States military presence in
Kosovo. Congress urges the President to seek concurrence
among member nations of the North Atlantic Treaty Or-
ganization in the development of those benchmarks.
(b) COMPREHENSIVE POLITICAL-MILITARY STRAT-
EGY.—The President shall develop a comprehensive polit-
ical-military strategy for addressing the political, eco-
nomic, humanitarian, and military issues in the Balkans
and shall establish near-term, mid-term, and long-term ob-
jectives in the region. In developing such strategy and
382
such objectives, the President shall take into consideration
the benchmarks relating to Kosovo developed as described
in subsection (a) and the benchmarks relating to Bosnia
that were detailed in the report accompanying the certifi-
cation by the President to Congress on March 3, 1998
(printed as House Document 105–223), with respect to
the continued presence of United States Armed Forces,
after June 30, 1998, in Bosnia and Herzegovina, sub-
mitted to Congress pursuant to section 7 of Public Law
105–74. Such strategy and objectives shall be developed
in consultation with appropriate regional and international
entities.
(c) SEMIANNUAL
REPORT
ON
COMPREHENSIVE
STRATEGY.—Not later than June 30, 2001, and 6 months
thereafter so long as United States forces are in the Bal-
kans, the President shall submit to Congress a report on
the progress being made in developing and implementing
a comprehensive political-military strategy as described in
subsection (b).
(d) SEMIANNUAL REPORT ON BENCHMARKS.—Not
later than June 30, 2001, and every 6 months thereafter,
the President shall submit to Congress a report on the
progress made in achieving the conditions established by
those benchmarks.
383
SEC. 1204. LIMITATION ON NUMBER OF MILITARY PER-
SONNEL IN COLOMBIA.
(a) LIMITATION.—None of the funds available to the
Department of Defense may be used to support or main-
tain more than 500 members of the Armed Forces on duty
in the Republic of Colombia at any time.
(b) EXCEPTIONS.—There shall be excluded from
counting for the purposes of the limitation in subsection
(a) the following:
(1) A member of the Armed Forces in the Re-
public of Colombia for the purpose of rescuing or re-
trieving United States military or civilian Govern-
ment personnel, except that the period for which
such a member may be so excluded may not exceed
30 days unless expressly authorized by law.
(2) A member of the Armed Forces assigned to
the United States Embassy in Colombia as an
attache´, as a member of the security assistance of-
fice, or as a member of the Marine Corps security
contingent.
(3) A member of the Armed Forces in Colombia
to participate in relief efforts in responding to a nat-
ural disaster.
(4) Nonoperational transient military personnel.
384
SEC. 1205. ACTIVITIES IN KOSOVO.
(a) CONTINGENT
REQUIRED
WITHDRAWAL
OF
FORCES FROM KOSOVO.—If the President does not sub-
mit to Congress a certification under subsection (c) and
a report under subsection (d) before April 1, 2001, then,
effective on April 1, 2001, funds appropriated or otherwise
made available to the Department of Defense may not be
obligated or expended for the continued deployment of
United States ground combat forces in Kosovo. Such
funds shall be available with respect to Kosovo only for
the purpose of conducting a safe, orderly, and phased
withdrawal of United States ground combat forces from
Kosovo, and no other amounts appropriated for the De-
partment of Defense in this Act or any other Act may
be obligated to continue the deployment of United States
ground combat forces in Kosovo. In that case, the Presi-
dent shall submit to Congress, not later than April 30,
2001, a report on the plan for the withdrawal.
(b) WAIVER AUTHORITY.—(1) The President may
waive the provisions of subsection (a) for a period or peri-
ods of up to 90 days each in the event that—
(A) United States Armed Forces are involved in
hostilities in Kosovo or imminent involvement by
United States Armed forces in hostilities in Kosovo
is clearly indicated by the circumstances; or
385
(B) the North Atlantic Treaty Organization,
acting through the Supreme Allied Commander, Eu-
rope, requests emergency introduction of United
States ground forces into Kosovo to assist other
NATO or non-NATO military forces involved in hos-
tilities or facing imminent involvement in hostilities.
(2) The authority in paragraph (1) may not be exer-
cised more than twice unless Congress by law specifically
authorizes the additional exercise of that authority.
(c) CERTIFICATION.—Whenever the President deter-
mines that the Kosovo burdensharing goals set forth in
paragraph (2) have been achieved, the President shall cer-
tify in writing to Congress that those goals have been
achieved.
(2) The Kosovo burdensharing goals referred to in
paragraph (1) are that the European Commission, the
member nations of the European Union, and the Euro-
pean member nations of the North Atlantic Treaty Orga-
nization have, in the aggregate—
(A) obligated or contracted for at least 50 per-
cent of the amount of the assistance that those orga-
nizations and nations committed to provide for 1999
and 2000 for reconstruction in Kosovo;
(B) obligated or contracted for at least 85 per-
cent of the amount of the assistance that those orga-
387
that have been deployed to Kosovo, by each such or-
ganization or nation; and
(3) the full range of commitments and respon-
sibilities that have been undertaken for Kosovo by
the United Nations, the European Union, and the
Organization for Security and Cooperation in Eu-
rope (OSCE), the progress made by those organiza-
tions in fulfilling those commitments and respon-
sibilities, an assessment of the tasks that remain to
be accomplished, and an anticipated schedule for
completing those tasks.
(e) CONSTRUCTION OF SECTION.—Nothing in this
section shall be deemed to restrict the authority of the
President under the Constitution to protect the lives of
United States citizens.
SEC. 1206. NATO FAIR BURDENSHARING.
(a) REPORT
ON COSTS
OF OPERATION ALLIED
FORCE.—The Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives
a report on the costs to the United States of the 78-day
air campaign known as Operation Allied Force conducted
against the Federal Republic of Yugoslavia during the pe-
riod from March 24 through June 9, 1999. The report
shall include the following:
388
(1) The costs of ordnance expended, fuel con-
sumed, and personnel.
(2) The estimated cost of the reduced service
life of United States aircraft and other systems par-
ticipating in the operation.
(3) Whether and how the United States is being
compensated by other North Atlantic Treaty Organi-
zation member nations for the costs of Operation Al-
lied Force, including a detailed accounting of the es-
timated monetary value of peacekeeping and recon-
struction activities undertaken by those member na-
tions to partially or wholly compensate the United
States for the costs of such operation.
(b) REPORT ON COST SHARING OF FUTURE NATO
OPERATIONS.—Whenever the North Atlantic Treaty Or-
ganization undertakes a military operation with the par-
ticipation of the United States, the Secretary of Defense
shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the
House of Representatives a report describing—
(1) how the costs of that operation are to be eq-
uitably distributed among the North Atlantic Treaty
Organization member nations; or
(2) if the costs of the operation are not equi-
tably distributed, but are to be borne disproportion-
389
ately by the United States, how the United States
is to be compensated by other North Atlantic Treaty
Organization member nations.
(c) TIME FOR SUBMISSION OF REPORT.—A report
under subsection (b) shall be submitted not later than 30
days after the beginning of the military operation, except
that the Secretary of Defense may submit the report at
a later time if the Secretary determines that such a delay
is necessary to avoid an undue burden to ongoing oper-
ations.
(d) APPLICABILITY.—Subsection (b) shall apply only
with respect to military operations begun after the date
of the enactment of this Act.
SEC. 1207. GAO STUDY ON VALUE OF UNITED STATES MILI-
TARY ENGAGEMENT IN EUROPE.
(a) COMPTROLLER GENERAL STUDY.—The Comp-
troller General shall conduct a study assessing the value
to the United States and its national security interests
gained from the engagement of United States forces in
Europe and from military strategies used to shape the
international security environment in Europe.
(b) MATTERS TO BE INCLUDED.—The study shall
include an assessment of the following matters:
(1) The value to United States security inter-
ests from having forces stationed in Europe and as-
390
signed to areas of regional conflict such as Bosnia
and Kosovo.
(2) The value in sharing the risks, responsibil-
ities, and costs of deploying United States forces
with the forces of European allies.
(3) The costs associated with stationing United
States forces in Europe and with assigning them to
areas of regional conflict.
(4) The value of the following kinds of contribu-
tions made by European allies:
(A) Financial contributions.
(B) Contributions of military personnel
and units.
(C) Contributions of nonmilitary personnel,
such as medical personnel, police officers, judi-
cial officers, and other civic officials.
(D) Contributions in kind that may be
used for infrastructure building or activities
that contribute to regional stability, whether in
lieu of or in addition to military-related con-
tributions.
(5) The value of a forward United States mili-
tary presence in compensating for existing shortfalls
of air and sea lift capability in the event of further
regional conflict in Europe or the Middle East.
391
(6) The value of humanitarian and reconstruc-
tion assistance provided by European countries and
by the United States in maintaining or improving
regional stability.
(c) REPORT.—The Comptroller General shall submit
a report on the results of the study to the Committees
on Armed Services of the Senate and House of Represent-
atives not later than March 1, 2001.
SEC. 1208. SENSE OF THE CONGRESS REGARDING NON-
COMPLIANCE WITH LAW REGARDING OVER-
SIGHT OF COMMUNIST CHINESE MILITARY
COMPANIES 
OPERATING 
IN 
THE 
UNITED
STATES.
It is the sense of the Congress that the Secretary of
Defense has not complied with the requirements of section
1237(b) of the Strom Thurmond National Defense Au-
thorization for Fiscal Year 1999 (50 U.S.C. 1701 note)
to publish and update a list of Communist Chinese mili-
tary companies operating in the United States. Congress
expects that the Secretary, working with such other execu-
tive branch officials as necessary to comply fully with such
section, will immediately comply with the provisions of
that section. Furthermore, Congress notes that any re-
quirement to assess information within the purview of
other Federal departments and agencies in order to com-
392
ply with that section was expressly anticipated by the re-
quirement for interagency consultation provided in para-
graph (3) of that section and that such consultation proc-
ess ought to have been completed well before the mid-Jan-
uary 1999 deadline specified for the initial publication
under that section.
SEC. 1209. ADJUSTMENT OF COMPOSITE THEORETICAL
PERFORMANCE LEVELS OF HIGH PERFORM-
ANCE COMPUTERS.
(a) LAYOVER PERIOD FOR NEW PERFORMANCE LEV-
ELS.—Section 1211 of the National Defense Authoriza-
tion Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note)
is amended—
(1) in the second sentence of subsection (d), by
striking ‘‘180’’ and inserting ‘‘60’’; and
(2) by adding at the end the following:
‘‘(g) CALCULATION OF 60-DAY PERIOD.—The 60-
day period referred to in subsection (d) shall be calculated
by excluding the days on which either House of Congress
is not in session because of an adjournment of the Con-
gress sine die.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to any new composite theoretical
performance level established for purposes of section
1211(a) of the National Defense Authorization Act for
393
Fiscal Year 1998 that is submitted by the President pur-
suant to section 1211(d) of that Act on or after the date
of the enactment of this Act.
SEC. 1210. PROHIBITION ON ASSUMPTION BY UNITED
STATES GOVERNMENT OF LIABILITY FOR NU-
CLEAR ACCIDENTS IN NORTH KOREA.
Neither the President nor any department, agency,
or instrumentality of the United States Government may
use the authority of Public Law 85–804 (50 U.S.C. 1431)
or any other provision of law to enter into any contract
or other arrangement, or into any amendment or modifica-
tion of a contract or other arrangement, the purpose or
effect of which would be to impose liability on the United
States Government, or otherwise require an indemnity by
the United States Government, for nuclear accidents oc-
curring in North Korea.
TITLE 
XIII—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF THE FORMER SO-
VIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Co-
operative Threat Reduction programs are the programs
394
specified in section 1501(b) of the National Defense Au-
thorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2001 COOPERATIVE THREAT RE-
DUCTION FUNDS DEFINED.—As used in this title, the
term ‘‘fiscal year 2001 Cooperative Threat Reduction
funds’’ means the funds appropriated pursuant to the au-
thorization of appropriations in section 301 for Coopera-
tive Threat Reduction programs.
(c) AVAILABILITY OF FUNDS.—Funds appropriated
pursuant to the authorization of appropriations in section
301 for Cooperative Threat Reduction programs shall be
available for obligation for 3 fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the
$433,400,000 authorized to be appropriated to the De-
partment of Defense for fiscal year 2001 in section
301(23) for Cooperative Threat Reduction programs, not
more than the following amounts may be obligated for the
purposes specified:
(1) For strategic offensive arms elimination in
Russia, $162,800,000.
(2) For strategic nuclear arms elimination in
Ukraine, $34,100,000.
395
(3) For activities to support warhead dismantle-
ment processing in Russia, $9,300,000.
(4) For weapons transportation security in Rus-
sia, $14,000,000.
(5) For planning, design, and construction of a
storage 
facility 
for 
Russian 
fissile 
material,
$57,400,000.
(6) For weapons storage security in Russia,
$89,700,000.
(7) For development of a cooperative program
with the Government of Russia to eliminate the pro-
duction of weapons grade plutonium at Russian re-
actors, $32,100,000.
(8) For biological weapons proliferation preven-
tion activities in Russia, $12,000,000.
(9) For activities designated as Other Assess-
ments/Administrative Support, $13,000,000.
(10) 
For 
defense 
and 
military 
contacts,
$9,000,000.
(b) REPORT ON OBLIGATION OR EXPENDITURE OF
FUNDS FOR OTHER PURPOSES.—No fiscal year 2001 Co-
operative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (10) of subsection (a) until 30 days
after the date that the Secretary of Defense submits to
396
Congress a report on the purpose for which the funds will
be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expend-
iture of fiscal year 2001 Cooperative Threat Reduction
funds for a purpose for which the obligation or expendi-
ture of such funds is specifically prohibited under this title
or any other provision of law.
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL
AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any
case in which the Secretary of Defense determines that
it is necessary to do so in the national interest, the Sec-
retary may obligate amounts appropriated for fiscal year
2001 for a purpose listed in any of the paragraphs in sub-
section (a) in excess of the amount specifically authorized
for such purpose.
(2) An obligation of funds for a purpose stated in
any of the paragraphs in subsection (a) in excess of the
specific amount authorized for such purpose may be made
using the authority provided in paragraph (1) only after—
(A) the Secretary submits to Congress notifica-
tion of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of
the notification.
397
(3) The Secretary may not, under the authority pro-
vided in paragraph (1), obligate amounts for the purposes
stated in any of paragraphs (4), (5), (7), (9), or (10) of
subsection (a) in excess of 115 percent of the amount spe-
cifically authorized for such purposes.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMI-
NATION OF CONVENTIONAL WEAPONS.
No fiscal year 2001 Cooperative Threat Reduction
funds, and no funds appropriated for Cooperative Threat
Reduction programs for any other fiscal year, may be obli-
gated or expended for elimination of conventional weapons
or the delivery vehicles primarily intended to deliver such
weapons.
SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE
MATERIAL STORAGE FACILITY.
(a) LIMITATIONS.—No fiscal year 2001 Cooperative
Threat Reduction funds may be used—
(1) for construction of a second wing for the
storage facility for Russian fissile material referred
to in section 1302(a)(5); or
(2) for design or planning with respect to such
facility until 15 days after the date that the Sec-
retary of Defense submits to Congress notification
that Russia and the United States have signed a
verifiable written transparency agreement that en-
398
sures that material stored at the facility is of weap-
ons origin.
(b) ESTABLISHMENT OF FUNDING CAP FOR FIRST
WING OF STORAGE FACILITY.—Out of funds authorized
to be appropriated for Cooperative Threat Reduction pro-
grams for fiscal year 2001 or any other fiscal year, not
more than $412,600,000 may be used for planning, de-
sign, or construction of the first wing for the storage facil-
ity for Russian fissile material referred to in section
1302(a)(5).
SEC. 1305. LIMITATION ON USE OF FUNDS UNTIL SUBMIS-
SION OF MULTIYEAR PLAN.
Not more than 10 percent of fiscal year 2001 Cooper-
ative Threat Reduction funds may be obligated or ex-
pended until the Secretary of Defense submits to Congress
an updated version of the multiyear plan for fiscal year
2001 required to be submitted under section 1205 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103–337; 22 U.S.C. 5952 note).
SEC. 1306. RUSSIAN NONSTRATEGIC NUCLEAR ARMS.
(a) REPORTING REQUIREMENT.—(1) Not later than
October 1, 2000, the Secretary of Defense shall submit
to Congress a report on the following regarding Russia’s
arsenal of tactical nuclear warheads:
399
(A) Estimates regarding current types, num-
bers, yields, viability, locations, and deployment sta-
tus of the warheads.
(B) An assessment of the strategic relevance of
the warheads.
(C) An assessment of the current and projected
threat of theft, sale, or unauthorized use of the war-
heads.
(D) A summary of past, current, and planned
United States efforts to work cooperatively with
Russia to account for, secure, and reduce Russia’s
stockpile of tactical nuclear warheads and associated
fissile material.
(2) The Secretary of Defense shall include in the re-
port described in paragraph (1) the views on the report
provided under subsection (b).
(b) VIEWS OF THE DIRECTOR OF CENTRAL INTEL-
LIGENCE.—The Director of Central Intelligence shall sub-
mit to the Secretary of Defense, for inclusion as an appen-
dix in the report described in subsection (a), the Director’s
views on the matters described in that subsection regard-
ing Russia’s tactical nuclear weapons.
400
SEC. 1307. LIMITATION ON USE OF FUNDS TO SUPPORT
WARHEAD DISMANTLEMENT PROCESSING.
No fiscal year 2001 Cooperative Threat Reduction
funds may be used for activities to support warhead dis-
mantlement processing in Russia until 15 days after the
date that the Secretary of Defense submits to Congress
notification that the United States has reached an agree-
ment with Russia, which shall provide for appropriate
transparency measures, regarding assistance by the
United States with respect to such processing.
SEC. 1308. AGREEMENT ON NUCLEAR WEAPONS STORAGE
SITES.
The Secretary of Defense shall seek to enter into an
agreement with Russia regarding procedures to allow the
United States appropriate access to nuclear weapons stor-
age sites for which assistance under Cooperative Threat
Reduction programs is provided.
SEC. 1309. PROHIBITION ON USE OF FUNDS FOR CON-
STRUCTION 
OF 
FOSSIL 
FUEL 
ENERGY
PLANTS.
No fiscal year 2001 Cooperative Threat Reduction
funds, and no funds appropriated for Cooperative Threat
Reduction programs for any other fiscal year, may be used
for the construction of a fossil fuel energy plant.
401
SEC. 1310. AUDITS OF COOPERATIVE THREAT REDUCTION
PROGRAMS.
(a) REPORT ON AUDITS.—Not later than March 31,
2001, the Comptroller General shall submit to Congress
a report examining the procedures and mechanisms with
respect to audits by the Department of Defense of the use
of funds for Cooperative Threat Reduction programs. The
report shall examine the following:
(1) Whether the audits being conducted by the
Department of Defense are producing necessary in-
formation regarding whether assistance under such
programs, including equipment provided and services
furnished, is being used as intended.
(2) Whether the audit procedures of the De-
partment of Defense are adequate, including wheth-
er random samplings are used.
(b) EXTENSION FOR COMPTROLLER GENERAL AS-
SESSMENT.—Section 1206(c) of the National Defense Au-
thorization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 471) is amended by striking ‘‘30 days’’
and inserting ‘‘90 days’’.
SEC. 1311. LIMITATION ON USE OF FUNDS FOR PREVEN-
TION OF BIOLOGICAL WEAPONS PROLIFERA-
TION IN RUSSIA.
No fiscal year 2001 Cooperative Threat Reduction
funds, and no funds appropriated for Cooperative Threat
402
Reduction programs for any other fiscal year, may be obli-
gated or expended for prevention of proliferation of bio-
logical weapons in Russia until the President submits to
Congress the report required by section 1309 of the Na-
tional Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 795).
TITLE XIV—COMMISSION TO AS-
SESS THE THREAT TO THE
UNITED STATES FROM ELEC-
TROMAGNETIC PULSE (EMP)
ATTACK
SEC. 1401. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the ‘‘Commission to Assess
the Threat to the United States from Electromagnetic
Pulse Attack’’ (hereafter in this title referred to as the
‘‘Commission’’).
(b) COMPOSITION.—The Commission shall be com-
posed of nine members. Seven of the members shall be
appointed by the Secretary of Defense and two of the
members shall be appointed by the Director of the Federal
Emergency Management Agency. In selecting individuals
for appointment to the Commission, the Secretary of De-
fense shall consult with the chairmen and ranking minor-
403
ity members of the Committees on Armed Services of the
Senate and House of Representatives.
(c) QUALIFICATIONS.—Members of the Commission
shall be appointed from among private United States citi-
zens with knowledge and expertise in the scientific, tech-
nical, and military aspects of electromagnetic pulse (here-
after referred to as ‘‘EMP’’) effects resulting from the det-
onation of a nuclear weapon or weapons at high altitude,
sometimes referred to as high-altitude electromagnetic
pulse effects (HEMP).
(d) CHAIRMAN OF COMMISSION.—The Secretary of
Defense shall designate one of the members of the Com-
mission to serve as chairman of the Commission.
(e) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for the life of the Commission. Any
vacancy in the Commission shall be filled in the same man-
ner as the original appointment.
(f) SECURITY CLEARANCES.—All members of the
Commission shall hold appropriate security clearances.
(g) INITIAL ORGANIZATION REQUIREMENTS.—All
appointments to the Commission shall be made not later
than 45 days after the date of the enactment of this Act.
The Commission shall convene its first meeting not later
than 30 days after the date as of which all members of
the Commission have been appointed.
404
SEC. 1402. DUTIES OF COMMISSION.
(a) REVIEW OF EMP THREAT.—The Commission
shall assess—
(1) the nature and magnitude of potential high-
altitude EMP threats to the United States from
Russia, China, North Korea, and other potentially
hostile states or non-state actors that have or could
acquire nuclear weapons and ballistic missiles ena-
bling them to perform a high-altitude EMP attack
against the United States within the next 15 years;
(2) the vulnerability of United States military
and especially civilian systems to an EMP attack,
giving special attention to vulnerability of the civil-
ian infrastructure as a matter of emergency pre-
paredness;
(3) the capability of the United States to repair
and recover from damage inflicted on United States
military and civilian systems by an EMP attack; and
(4) the feasibility and cost of hardening select
military and civilian systems against EMP attack.
(b) RECOMMENDATION.—The Commission shall rec-
ommend steps that can be taken by the United States to
better protect its military and civilian systems from EMP
attack.
(c) 
COOPERATION
FROM
GOVERNMENT
OFFI-
CIALS.—In carrying out its duties, the Commission should
405
receive the full and timely cooperation of the Secretary
of Defense, the Director of the Federal Emergency Man-
agement Agency, and any other United States Govern-
ment official serving in the Department of Defense or
Armed Forces in providing the Commission with analyses,
briefings, and other information necessary for the fulfill-
ment of its responsibilities.
SEC. 1403. REPORT.
The Commission shall, not later than 1 year after the
date of its first meeting, submit to Congress, the Secretary
of Defense, and the Director of the Federal Emergency
Management Agency a report on the Commission’s find-
ings and conclusions.
SEC. 1404. POWERS.
(a) HEARINGS.—The Commission or, at its direction,
any panel or member of the Commission, may, for the pur-
pose of carrying out the provisions of this title, hold hear-
ings, take testimony, receive evidence, and administer
oaths to the extent that the Commission or any panel or
member considers advisable.
(b) INFORMATION.—The Commission may secure di-
rectly from the Department of Defense, the Central Intel-
ligence Agency, and any other Federal department or
agency information that the Commission considers nec-
406
essary to enable the Commission to carry out its respon-
sibilities under this title.
SEC. 1405. COMMISSION PROCEDURES.
(a) MEETINGS.—The Commission shall meet at the
call of the Chairman.
(b) QUORUM.—(1) Five members of the Commission
shall constitute a quorum other than for the purpose of
holding hearings.
(2) The Commission shall act by resolution agreed
to by a majority of the members of the Commission.
(c) COMMISSION.—The Commission may establish
panels composed of less than full membership of the Com-
mission for the purpose of carrying out the Commission’s
duties. The actions of each such panel shall be subject to
the review and control of the Commission. Any findings
and determinations made by such a panel shall not be con-
sidered the findings and determinations of the Commis-
sion unless approved by the Commission.
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COM-
MISSION.—Any agent or member of the Commission may,
if authorized by the Commission, take any action which
the Commission is authorized to take under this title.
407
SEC. 1406. PERSONNEL MATTERS.
(a) PAY OF MEMBERS.—Members of the Commission
shall serve without pay by reason of their work on the
Commission.
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of services
for the Commission.
(c) STAFF.—(1) The chairman of the Commission
may, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, appoint a staff director and such additional per-
sonnel as may be necessary to enable the Commission to
perform its duties. The appointment of a staff director
shall be subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay
of the staff director and other personnel without regard
to the provisions of chapter 51 and subchapter III of chap-
ter 53 of title 5, United States Code, relating to classifica-
tion of positions and General Schedule pay rates, except
that the rate of pay fixed under this paragraph for the
staff director may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such
408
title and the rate of pay for other personnel may not ex-
ceed the maximum rate payable for grade GS–15 of the
General Schedule.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon
request of the chairman of the Commission, the head of
any Federal department or agency may detail, on a non-
reimbursable basis, any personnel of that department or
agency to the Commission to assist it in carrying out its
duties.
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The chairman of the Commission may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals which do not exceed the daily equivalent of the annual
rate of basic pay payable for level V of the Executive
Schedule under section 5316 of such title.
SEC. 1407. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) POSTAL AND PRINTING SERVICES.—The Com-
mission may use the United States mails and obtain print-
ing and binding services in the same manner and under
the same conditions as other departments and agencies of
the Federal Government.
(b) MISCELLANEOUS ADMINISTRATIVE
AND SUP-
PORT SERVICES.—The Secretary of Defense shall furnish
409
he Commission, on a reimbursable basis, any administra-
tive and support services requested by the Commission.
SEC. 1408. FUNDING.
Funds for activities of the Commission shall be pro-
vided from amounts appropriated for the Department of
Defense for operation and maintenance for Defense-wide
activities for fiscal year 2001. Upon receipt of a written
certification from the Chairman of the Commission speci-
fying the funds required for the activities of the Commis-
sion, the Secretary of Defense shall promptly disburse to
the Commission, from such amounts, the funds required
by the Commission as stated in such certification.
SEC. 1409. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the
date of the submission of its report under section 1403.
TITLE XV—LAND CONVEYANCE
REGARDING 
VIEQUES 
IS-
LAND, PUERTO RICO
SEC. 1501. CONVEYANCE OF NAVAL AMMUNITION SUPPORT
DETACHMENT, VIEQUES ISLAND.
(a) CONVEYANCE REQUIRED.—
(1) PROPERTY TO BE CONVEYED.—(1) Subject
to subsection (b), the Secretary of the Navy shall
convey, without consideration, to the Commonwealth
of Puerto Rico all right, title, and interest of the
410
United States in and to the land constituting the
Naval Ammunition Support detachment located on
the western end of Vieques Island, Puerto Rico.
(2) TIME FOR CONVEYANCE.—The Secretary of
the Navy shall complete the conveyance required by
paragraph (1) not later than December 31, 2000.
(3) PURPOSE OF CONVEYANCE.—The convey-
ance under paragraph (1) is being made for the ben-
efit of the Municipality of Vieques, Puerto Rico, as
determined by the Planning Board of the Common-
wealth of Puerto Rico.
(b) RESERVED PROPERTY NOT SUBJECT TO CON-
VEYANCE.—
(1) RADAR
AND
COMMUNICATIONS
FACILI-
TIES.—The conveyance required by subsection (a)
shall not include that portion of the Naval Ammuni-
tion Support detachment consisting of the following:
(A) Approximately 100 acres on which is
located the Relocatable Over-the-Horizon Radar
and the Mount Pirata telecommunications fa-
cilities.
(B) Such easements, rights-of-way, and
other interests retained by the Secretary of the
Navy as the Secretary considers necessary—
411
(i) to provide access to the property
retained under subparagraph (A);
(ii) for the provision of utilities and
security for the retained property; and
(iii) for the effective maintenance and
operation of the retained property.
(2) OTHER SITES.—The United States may re-
tain such other interests in the property conveyed
under subsection (a) as—
(A) the Secretary of the Navy considers
necessary, in the discharge of responsibilities
under subsection (d), to protect human health
and the environment; and
(B) the Secretary of the Interior considers
necessary to discharge responsibilities under
subsection (f), as provided in the co-manage-
ment agreement referred to in such subsection.
(c) DESCRIPTION OF PROPERTY.—The Secretary of
the Navy, in consultation with the Secretary of the Inte-
rior on issues relating to natural resource protection under
subsection (f), shall determine the exact acreage and legal
description of the property required to be conveyed pursu-
ant to subsection (a), including the legal description of any
easements, rights of way, and other interests that are re-
tained pursuant to subsection (b).
412
(d) ENVIRONMENTAL RESTORATION.—
(1) OBJECTIVE OF CONVEYANCE.—An impor-
tant objective of the conveyance required by this sec-
tion is to promote timely redevelopment of the con-
veyed property in a manner that enhances employ-
ment opportunities and economic redevelopment,
consistent with all applicable environmental require-
ments and in full consultation with the Governor of
Puerto Rico, for the benefit of the residents of
Vieques Island.
(2) CONVEYANCE DESPITE RESPONSE NEED.—
If the Secretary of the Navy, by December 31, 2000,
is unable to provide the covenant required by section
120(h)(3)(A)(ii)(I) of the Comprehensive Environ-
mental Response, Compensation and Liability Act of
1980 (42 U.S.C. 9620(h)(3)(A)(ii)(I)) with respect
to the property to be conveyed, the Secretary shall
still complete the conveyance by that date, as re-
quired by subsection (a)(2). The Secretary shall re-
main responsible for completing all response actions
required under such Act. The completion of the re-
sponse actions shall not be delayed on account of the
conveyance.
(3) CONTINUED
NAVY
RESPONSIBILITY.—The
Secretary of the Navy shall remain responsible for
413
the environmental condition of the property, and the
Commonwealth of Puerto Rico shall not be respon-
sible for any condition existing at the time of the
conveyance.
(4) SAVINGS
CLAUSE.—All response actions
with respect to the property to be conveyed shall
take place in compliance with current law.
(e) INDEMNIFICATION.—
(1) ENTITIES
AND
PERSONS
COVERED; EX-
TENT.—(A) Except as provided in subparagraph
(C), and subject to paragraph (2), the Secretary of
Defense shall hold harmless, defend, and indemnify
in full the persons and entities described in subpara-
graph (B) from and against any suit, claim, demand
or action, liability, judgment, cost or other fee aris-
ing out of any claim for personal injury or property
damage (including death, illness, or loss of or dam-
age to property or economic loss) that results from,
or is in any manner predicated upon, the release or
threatened release of any hazardous substance or
pollutant or contaminant as a result of Department
of Defense activities at those parts of the Naval Am-
munition Support detachment conveyed pursuant to
subsection (a).
414
(B) The persons and entities described in this
paragraph are the following:
(i) The Commonwealth of Puerto Rico (in-
cluding any officer, agent, or employee of the
Commonwealth of Puerto Rico), once Puerto
Rico acquires ownership or control of the Naval
Ammunition Support Detachment by the con-
veyance under subsection (a).
(ii) Any political subdivision of the Com-
monwealth of Puerto Rico (including any offi-
cer, agent, or employee of the Commonwealth of
Puerto Rico) that acquires such ownership or
control.
(iii) Any other person or entity that ac-
quires such ownership or control.
(iv) Any successor, assignee, transferee,
lender, or lessee of a person or entity described
in clauses (i) through (iii).
(C) To the extent the persons and entities de-
scribed in subparagraph (B) contributed to any such
release or threatened release, subparagraph (A) shall
not apply.
(2) CONDITIONS ON INDEMNIFICATION.—No in-
demnification may be afforded under this subsection
415
unless the person or entity making a claim for
indemnification—
(A) notifies the Secretary of Defense in
writing within 2 years after such claim accrues
or begins action within 6 months after the date
of mailing, by certified or registered mail, of no-
tice of final denial of the claim by the Secretary
of Defense;
(B) furnishes to the Secretary of Defense
copies of pertinent papers the entity receives;
(C) furnishes evidence of proof of any
claim, loss, or damage covered by this sub-
section; and
(D) provides, upon request by the Sec-
retary of Defense, access to the records and
personnel of the entity for purposes of defend-
ing or settling the claim or action.
(3) RESPONSIBILITIES OF SECRETARY OF DE-
FENSE.—(A) In any case in which the Secretary of
Defense determines that the Department of Defense
may be required to make indemnification payments
to a person under this subsection for any suit, claim,
demand or action, liability, judgment, cost or other
fee arising our of any claim for personal injury or
property damage referred to in paragraph (1)(A),
416
the Secretary may settle or defend, on behalf of that
person, the claim for personal injury or property
damage.
(B) In any case described in subparagraph (A),
if the person to whom the Department of Defense
may be required to make indemnification payments
does not allow the Secretary of Defense to settle or
defend the claim, the person may not be afforded in-
demnification with respect to that claim under this
subsection.
(4) ACCRUAL
OF
ACTION.—For purposes of
paragraph (2)(A), the date on which a claim accrues
is the date on which the plaintiff knew (or reason-
ably should have known) that the personal injury or
property damage referred to in paragraph (1) was
caused or contributed to by the release or threatened
release of a hazardous substance or pollutant or con-
taminant as a result of Department of Defense ac-
tivities at any part of the Naval Ammunition Sup-
port Detachment conveyed pursuant to subsection
(a).
(5) RELATIONSHIP TO OTHER LAWS.—Nothing
in this subsection shall be construed as affecting or
modifying in any way subsection 120(h) of the Com-
417
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)).
(6) DEFINITIONS.—In this subsection, the
terms ‘‘hazardous substance’’, ‘‘release’’, and ‘‘pol-
lutant or contaminant’’ have the meanings given
such terms under paragraphs (9), (14), (22), and
(33) of section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601).
(f) MANAGEMENT.—
(1) 
CO-MANAGEMENT
OF
CONSERVATION
ZONES.—Those areas on the western end of the
Vieques Island designated as Conservation Zones in
section IV of the 1983 Memorandum of Under-
standing between the Commonwealth of Puerto Rico
and the Secretary of the Navy shall be subject to a
co-management agreement among the Common-
wealth of Puerto Rico, the Puerto Rico Conservation
Trust and the Secretary of the Interior. Areas adja-
cent to these Conservation Zones shall also be con-
sidered for inclusion under the co-management
agreement. Adjacent areas to be included under the
co-management agreement shall be mutually agreed
to by the Commonwealth of Puerto Rico and the
Secretary of the Interior. This determination of in-
418
clusion of lands shall be incorporated into the co-
management agreement process as set forth in para-
graph (2). In addition, the Sea Grass Area west of
Mosquito Pier, as identified in the 1983 Memo-
randum of Understanding, shall be included in the
co-management plan to be protected under the laws
of the Commonwealth of Puerto Rico.
(2) CO-MANAGEMENT
PURPOSES.—All lands
covered by the co-management agreement shall be
managed to protect and preserve the natural re-
sources of these lands in perpetuity. The Common-
wealth of Puerto Rico, the Puerto Rico Conservation
Trust, and the Secretary of the Interior shall follow
all applicable Federal environmental laws during the
creation and any subsequent amendment of the co-
management agreement, including the National En-
vironmental Policy Act of 1969, the Endangered
Species Act of 1973, and the National Historic Pres-
ervation Act. The co-management agreement shall
be completed prior to any conveyance of the property
under subsection (a), but not later than December
31, 2000. The Commonwealth of Puerto Rico shall
implement the terms and conditions of the co-man-
agement agreement, which can only be amended by
agreement of the Commonwealth of Puerto Rico, the
419
Puerto Rico Conservation Trust, and the Secretary
of the Interior.
(3) ROLE OF NATIONAL FISH AND WILDLIFE
FOUNDATION.—Contingent on funds being available
specifically for the preservation and protection of
natural resources on Vieques Island, amounts nec-
essary to carry out the co-management agreement
may be made available to the National Fish and
Wildlife Foundation to establish and manage an en-
dowment for the management of lands transferred to
the Commonwealth of Puerto Rico and subject to
the co-management agreement. The proceeds from
investment of the endowment shall be available on
an annual basis. The Foundation shall strive to le-
verage annual proceeds with non-Federal funds to
the fullest extent possible.
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construc-
tion Authorization Act for Fiscal Year 2001’’.
420
TITLE XXI—ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(1), the Secretary of the Army
may acquire real property and carry out military construc-
tion projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
Army: Inside the United States
State
Installation or location
Amount
Alabama ...........................
Redstone Arsenal ................................
$28,500,000
Fort Rucker ........................................
$5,600,000
Alaska ..............................
Fort Richardson ..................................
$3,000,000
Arizona .............................
Fort Huachuca ....................................
$8,600,000
Arkansas ..........................
Pine Bluff Arsenal ..............................
$2,750,000
California .........................
Fort Irwin ...........................................
$31,000,000
Presidio, Monterey ..............................
$4,600,000
Georgia .............................
Fort Benning ......................................
$15,800,000
Fort Gordon ........................................
$2,600,000
Hawaii ..............................
Wheeler Army Air Field ......................
$43,800,000
Kansas .............................
Fort Riley ............................................
$5,600,000
Maryland ..........................
Aberdeen Proving Ground ...................
$8,900,000
Missouri ...........................
Fort Leonard Wood ............................
$65,400,000
New Jersey ......................
Picatinny Arsenal ................................
$5,600,000
New Mexico ......................
White Sands Missile Range ................
$9,000,000
New York .........................
Fort Drum ..........................................
$18,000,000
North Carolina .................
Fort Bragg ..........................................
$222,200,000
Sunny Point Army Terminal ..............
$2,300,000
Ohio ..................................
Columbus .............................................
$1,832,000
Pennsylvania ....................
Carlisle Barracks ................................
$10,500,000
New Cumberland Army Depot ............
$3,700,000
Texas ................................
Fort Bliss ............................................
$26,000,000
Fort Hood ...........................................
$36,492,000
Red River Army Depot .......................
$800,000
Total: ...........................................
$562,574,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2104(a)(2), the Secretary of the Army
may acquire real property and carry out military construc-
421
tion projects for the locations outside the United States,
and in the amounts, set forth in the following table:
Army: Outside the United States
Country
Installation or location
Amount
Germany ...............................
Area Support Group, Bamberg ......
$11,650,000
Area Support Group, Darmstadt ....
$11,300,000
Kaiserslautern .................................
$3,400,000
Mannheim .......................................
$4,050,000
Korea ....................................
Camp Carroll ..................................
$10,000,000
Camp Hovey ...................................
$4,200,000
Camp Humphreys ...........................
$14,200,000
Camp Page ......................................
$19,500,000
Kwajalein ..............................
Kwajalein Atoll ...............................
$18,000,000
Total: .......................................
$96,300,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2104(a)(3), the Secretary of the Army may ac-
quire real property and carry out military construction
projects for the installation and location, and in the
amount, set forth in the following table:
Army: Unspecified Worldwide
Location
Installation
Amount
Unspecified Worldwide .........
Classified Location ..........................
$11,500,000
SEC. 2102. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2104(a)(6)(A), the Secretary of the
Army may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table:
422
Army: Family Housing
State or County
Installation or loca-
tion
Purpose
Amount
Arizona .........................
Fort Huachuca ............
110 Units ........
$16,224,000
Hawaii ..........................
Schofield Barracks ......
72 Units ..........
$15,500,000
Kentucky ......................
Fort Campbell .............
102 Units ........
$15,800,000
Maryland ......................
Fort Detrick ................
48 Units ..........
$5,600,000
North Carolina .............
Fort Bragg ..................
160 Units ........
$22,000,000
South Carolina .............
Fort Jackson ...............
1 Unit ..............
$250,000
Texas ............................
Fort Bliss ....................
64 Units ..........
$10,200,000
Korea ............................
Camp Humphreys .......
60 Units ..........
$21,800,000
Virginia .........................
Fort Belvoir ................
27 Units ..........
$5,500,000
Fort Lee ......................
52 Units ..........
$8,600,000
Total: ...................
.........................
$121,474,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2104(a)(6)(A), the Secretary of the Army may
carry out architectural and engineering services and con-
struction design activities with respect to the construction
or improvement of family housing units in an amount not
to exceed $6,542,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(6)(A),
the Secretary of the Army may improve existing military
family housing units in an amount not to exceed
$72,440,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
423
30, 2000, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $1,824,640,000, as follows:
(1) For military construction projects inside the
United States authorized by section 2101(a),
$385,974,000.
(2) For military construction projects outside
the United States authorized by section 2101(b),
$96,300,000.
(3) For military construction projects at un-
specified worldwide locations authorized by section
2101(c), $11,500,000.
(4) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $17,000,000.
(5) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $105,861,000.
(6) For military family housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $200,456,000.
(B) For support of military family housing
(including the functions described in section
427
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT
CERTAIN FISCAL YEAR 1999 PROJECT.
(a) MODIFICATION.—The table in section 2101 of the
Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105–261; 112 Stat. 2182)
is amended—
(1) in the item relating to Fort Hood, Texas,
by striking ‘‘$32,500,000’’ in the amount column
and inserting ‘‘$45,300,000’’; and
(2) by striking the amount identified as the
total 
in 
the 
amount 
column 
and 
inserting
‘‘$781,581,000’’.
(b) CONFORMING AMENDMENTS.—Section 2104(a)
of that Act (112 Stat. 2184) is amended—
(1) in the matter preceding paragraph (1), by
striking 
‘‘$2,098,713,000’’ 
and 
inserting
‘‘$2,111,513,000’’; and
(2) 
in 
paragraph 
(1), 
by 
striking
‘‘$609,076,000’’ and inserting ‘‘$622,581,000’’ .
TITLE XXII—NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(1), the Secretary of the Navy may
acquire real property and carry out military construction
428
projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
Navy: Inside the United States
State
Installation or location
Amount
Arizona ...........................
Marine Corps Air Station, Yuma ............
$8,200,000
Navy Detachment, Camp Navajo ............
$2,940,000
California ........................
Marine Corps Air-Ground Combat Cen-
ter, Twentynine Palms ........................
$23,870,000
Marine Corps Air Station, Miramar .......
$13,740,000
Marine Corps Base, Camp Pendleton .....
$8,100,000
Marine Corps Logistics Base, Barstow ...
$6,600,000
Naval Air Station, Lemoore ....................
$10,760,000
Naval Air Warfare Center Weapons Divi-
sion, Point Mugu .................................
$12,600,000
Naval Aviation Depot, North Island .......
$4,340,000
Naval Facility, San Clemente Island ......
$8,860,000
Naval Postgraduate School, Monterey ....
$5,280,000
Naval Ship Weapons Systems Engineer-
ing Station, Port Hueneme .................
$10,200,000
Naval Station, San Diego ........................
$53,200,000
Connecticut ....................
Naval Submarine Base, New London .....
$3,100,000
CONUS Various .............
CONUS Various ......................................
$11,500,000
District of Columbia ......
Marine Corps Barracks ...........................
$24,597,000
Naval District, Washington .....................
$2,450,000
Naval Research Laboratory, Washington
$12,390,000
Florida ............................
Blount Island Command .........................
$3,320,000
Naval Air Station, Jacksonville ...............
$1,400,000
Naval Air Station, Whiting Field ............
$5,130,000
Naval Surface Warfare Center Wastal
Systems Station, Panama City ............
$1,000,000
Naval Station, Mayport ...........................
$6,830,000
Naval Surface Warfare Center Detach-
ment, Ft. Lauderdale ..........................
$3,570,000
Georgia ...........................
Marine Corps Logistics Base, Albany .....
$1,100,000
Navy Supply Corps School, Athens .........
$2,950,000
Trident Refit Facility, Kings Bay ...........
$5,200,000
Hawaii ............................
Fleet Industrial Supply Center, Pearl
Harbor .................................................
$12,000,000
Naval Undersea Weapons Station De-
tachment, Lualualei .............................
$2,100,000
Marine Corps Air Station, Kaneohe ........
$18,400,000
Naval Station, Pearl Harbor ...................
$30,700,000
Illinois ............................
Naval Training Center, Great Lakes ......
$124,800,000
Indiana ...........................
Naval Surface Warfare Center, Crane ....
$8,460,000
Maine ..............................
Naval Air Station, Brunswick .................
$2,450,000
Naval Shipyard, Portsmouth ...................
$4,960,000
Maryland ........................
Naval 
Explosive 
Ordinance 
Disposal
Technology Center, Indian Head ........
$6,430,000
Naval Air Station, Patuxent River ..........
$8,240,000
Mississippi ......................
Naval Air Station, Meridian ....................
$4,700,000
Nevada ...........................
Naval Air Station, Fallon ........................
$6,280,000
New Jersey .....................
Naval Weapons Station, Earle ................
$2,420,000
North Carolina ...............
Marine Corps Air Station, Cherry Point
$8,480,000
Marine Corps Air Station, New River .....
$3,400,000
Marine Corps Base, Camp Lejeune ........
$45,870,000
Naval Aviation Depot, Cherry Point .......
$7,540,000
Pennsylvania ..................
Naval Surface Warfare Center Shipyard
Systems Engineering Station, Phila-
delphia .................................................
$10,680,000
429
Navy: Inside the United States—Continued
State
Installation or location
Amount
Rhode Island ..................
Naval Undersea Warfare Center Divi-
sion, Newport ......................................
$4,150,000
South Carolina ...............
Marine Corps Air Station, Beaufort .......
$3,140,000
Marine Corps Recruit Depot, Parris Is-
land ......................................................
$2,660,000
Texas ..............................
Naval Air Station, Corpus Christi ..........
$4,850,000
Naval Air Station, Kingsville ..................
$2,670,000
Naval Station, Ingleside ..........................
$2,420,000
Virginia ..........................
AEGIS Combat Systems Center, Wallops
Island ...................................................
$3,300,000
Marine 
Corps 
Combat 
Development
Command, Quantico ............................
$8,590,000
Naval Air Station, Norfolk ......................
$31,450,000
Naval Air Station, Oceana ......................
$9,440,000
Naval Amphibious Base, Little Creek .....
$2,830,000
Naval Shipyard, Norfolk, Portsmouth ....
$16,100,000
Naval Station, Norfolk ............................
$4,700,000
Naval Surface Warfare Center, Dahlgren
$11,300,000
Washington ....................
Naval 
Shipyard, 
Bremerton, 
Puget
Sound.
$100,670,000
Strategic 
Weapons 
Facility 
Pacific,
Bremerton ............................................
$1,400,000
Total: ...............................................
$770,807,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2204(a)(2), the Secretary of the Navy may
acquire real property and carry out military construction
projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
Country
Installation or location
Amount
Bahrain ..........................
Administrative Support Unit ...................
$19,400,000
Guam ..............................
Naval Activities .......................................
$1,000,000
Italy ................................
Naval Air Station, Sigonella ...................
$32,969,000
Naval Support Activity, Naples ...............
$15,000,000
Various Locations ..........
Host Nation Infrastructure Support .......
$142,000
Total: ...............................................
$68,511,000
SEC. 2202. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(5)(A), the Secretary of the
430
Navy may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts set forth in the following table:
Navy: Family Housing
State
Installation or loca-
tion
Purpose
Amount
California ................
Marine Corps Air-
Ground Combat Cen-
ter, Twentynine
Palms .......................
79 Units ..........
$13,923,000
Naval Air Station,
Lemoore ...................
260 Units ........
$47,871,000
Hawaii .....................
Commander Naval
Base, Pearl Harbor ..
112 Units ........
$23,654,000
Commander Naval
Base, Pearl Harbor ..
62 Units ..........
$14,237,000
Commander Naval
Base, Pearl Harbor ..
98 Units ..........
$22,230,000
Marine Corps Air Sta-
tion, Kaneohe Bay ...
84 Units ..........
$21,910,000
Louisiana .................
Naval Air Station, New
Orleans.
34 Units ..........
$5,000,000
Maine ......................
Naval Air Station,
Brunswick ................
168 Units ........
$18,722,000
Mississippi ...............
Naval Construction bat-
talion Center, Gulf-
port.
157 Units ........
$20,700,000
Washington .............
Naval Air Station,
Whidbey Island ........
98 Units ..........
$16,873,000
Total: .......
$205,120,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy 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 $19,958,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
431
authorization of appropriations in section 2204(a)(5)(A),
the Secretary of the Navy may improve existing military
family housing units in an amount not to exceed
$192,147,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2000, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,187,673,000, as follows:
(1) For military construction projects inside the
United States authorized by section 2201(a),
$718,627,000.
(2) For military construction projects outside
the United States authorized by section 2201(b),
$68,511,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $7,659,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $67,502,000.
(5) For military family housing functions:
432
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $417,225,000.
(B) For support of military housing (in-
cluding functions described in section 2833 of
title 10, United States Code), $882,638,000.
(6) For construction of a berthing wharf at
Naval Air Station, North Island, California, author-
ized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B
of Public Law 106–65; 113 Stat. 828), $12,800,000.
(7) For construction of the Commander-in-
Chief Headquarters, Pacific Command, Camp H.M.
Smith, Hawaii, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal
Year 2000, $35,600,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost
of all projects carried out under section 2201 of this Act
may not exceed—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a);
433
(2) $17,500,000 (the balance of the amount au-
thorized under section 2201(a) for repair of a pier
at Naval Station, San Diego, California);
(3) $24,460,000 (the balance of the amount au-
thorized under section 2201(a) for replacement of a
pier at Naval Ship Yard, Bremerton, Puget Sound,
Washington); and
(4) $10,280,000 (the balance of the amount au-
thorized under section 2201(a) for construction of
an industrial skills center at Naval Shipyard, Brem-
erton, Puget Sound, Washington).
(c) ADJUSTMENTS.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (7)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by—
(1) $2,889,000, which represents the combina-
tion of savings resulting from adjustments to foreign
currency exchange rates for military construction
outside the United States; and
(2) $20,000,000, which represents the combina-
tion of project savings in military construction re-
sulting from favorable bids, reduced overhead
charges, and cancellations due to force structure
changes.
434
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT
FISCAL YEAR 1997 PROJECT AT MARINE
CORPS COMBAT DEVELOPMENT COMMAND,
QUANTICO, VIRGINIA.
The Secretary of the Navy may carry out a military
construction project involving infrastructure development
at the Marine Corps Combat Development Command,
Quantico, Virginia, in the amount of $8,900,000, using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(1) of the Military Con-
struction Authorization Act for Fiscal Year 1997 (division
B of Public Law 104–201; 110 Stat. 2769) for a military
construction project involving a sanitary landfill at that
installation, as authorized by section 2201(a) of that Act
(110 Stat. 2767).
TITLE XXIII—AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(1), the Secretary of the Air Force
may acquire real property and carry out military construc-
tion projects for the installations and locations inside the
United States, and in the amounts, set forth in the fol-
lowing table:
435
Air Force: Inside the United States
State
Installation or location
Amount
Alabama ................................
Maxwell Air Force Base ...................
$3,825,000
Alaska ...................................
Cape Romanzof .................................
$3,900,000
Eielson Air Force Base ....................
$15,990,000
Elmendorf Air Force Base ...............
$27,520,000
Arizona ..................................
Davis-Monthan Air Force Base ........
$7,900,000
Arkansas ...............................
Little Rock Air Force Base ..............
$18,319,000
California ..............................
Beale Air Force Base .......................
$10,100,000
Los Angeles Air Force Base .............
$6,580,000
Vandenberg Air Force Base .............
$4,650,000
Colorado ................................
Buckley Air National Guard Base ...
$2,750,000
Peterson Air Force Base ..................
$15,570,000
Schriever Air Force Base .................
$8,450,000
United States Air Force Academy ...
$18,960,000
CONUS Classified ................
Classified Location ...........................
$1,810,000
District of Columbia .............
Bolling Air Force Base .....................
$4,520,000
Florida ..................................
Eglin Air Force Base .......................
$8,940,000
Eglin Auxiliary Field 9 .....................
$7,960,000
Patrick Air Force Base ....................
$12,970,000
Tyndall Air Force Base ....................
$31,495,000
Georgia ..................................
Fort Stewart/Hunter Army Air Field
$4,920,000
Moody Air Force Base .....................
$2,500,000
Robins Air Force Base .....................
$11,762,000
Hawaii ...................................
Hickam Air Force Base ...................
$4,620,000
Idaho .....................................
Mountain Home Air Force Base ......
$10,125,000
Illinois ...................................
Scott Air Force Base ........................
$3,830,000
Kansas ..................................
McConnell Air Force Base ...............
$9,764,000
Louisiana ..............................
Barksdale Air Force Base ................
$6,390,000
Mississippi .............................
Keesler Air Force Base ....................
$15,040,000
Missouri .................................
Whiteman Air Force Base ................
$12,050,000
Montana ................................
Malmstrom Air Force Base ..............
$5,300,000
New Jersey ............................
McGuire Air Force Base ..................
$29,772,000
North Carolina ......................
Pope Air Force Base ........................
$24,570,000
Seymour Johnson Air Force Base ...
$7,141,000
North Dakota ........................
Minot Air Force Base .......................
$3,151,000
Ohio .......................................
Wright-Patterson Air Force Base ....
$37,508,000
Oklahoma ..............................
Altus Air Force Base .......................
$2,939,000
Tinker Air Force Base .....................
$26,895,000
South Carolina ......................
Charleston Air Force Base ...............
$12,789,000
Shaw Air Force Base .......................
$8,102,000
Texas .....................................
Dyess Air Force Base .......................
$19,523,000
Lackland Air Force Base .................
$10,330,000
Laughlin Air Force Base ..................
$11,973,000
Sheppard Air Force Base .................
$6,450,000
Utah ......................................
Hill Air Force Base ..........................
$28,050,000
Virginia .................................
Langley Air Force Base ...................
$19,650,000
Washington ...........................
Fairchild Air Force Base .................
$7,926,000
McChord Air Force Base .................
$10,250,000
Wyoming ...............................
F.E. Warren Air Force Base ...........
$25,720,000
Total: ........................................
$591,249,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2304(a)(2), the Secretary of the Air Force
may acquire real property and carry out military construc-
436
tion projects for the installations and locations outside the
United States, and in the amounts, set forth in the fol-
lowing table:
Air Force: Outside the United States
Country
Installation or location
Amount
Diego Garcia .........................
Diego Garcia .....................................
$5,475,000
Italy .......................................
Aviano Air Base ...............................
$8,000,000
Korea .....................................
Kunsan Air Base ..............................
$6,400,000
Osan Air Base ..................................
$21,948,000
Spain .....................................
Naval Station, Rota ..........................
$5,052,000
Turkey ...................................
Incirlik Air Base ...............................
$1,000,000
Total: ........................................
$47,875,000
SEC. 2302. FAMILY HOUSING.
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2304(a)(5)(A), the Secretary of the
Air Force may construct or acquire family housing units
(including land acquisition) at the installations, for the
purposes, and in the amounts set forth in the following
table:
Air Force: Family Housing
State
Installation or loca-
tion
Purpose
Amount
California ......................
Edwards Air Force
Base .........................
57 Units ..........
$9,870,000
Travis Air Force Base
64 Units ..........
$9,870,000
District of Columbia .....
Bolling Air Force Base
136 Units ........
$17,137,000
Nevada ..........................
Nellis Air Force Base ..
26 Units ..........
$5,000,000
North Dakota ...............
Cavalier Air Force Sta-
tion ..........................
2 Units ............
$443,000
Minot Air Force Base
134 Units ........
$19,097,000
Total: .......
$61,417,000
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may
437
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 $12,760,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING
UNITS.
Subject to section 2825 of title 10, United States
Code, and using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(5)(A),
the Secretary of the Air Force may improve existing mili-
tary family housing units in an amount not to exceed
$174,046,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR
FORCE.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2000, for military construction, land acquisition, and
military family housing functions of the Department of the
Air Force in the total amount of $1,766,136,000, as fol-
lows:
(1) For military construction projects inside the
United States authorized by section 2301(a),
$589,199,000.
438
(2) For military construction projects outside
the United States authorized by section 2301(b),
$47,875,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $9,850,000.
(4) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $56,949,000.
(5) For military housing functions:
(A) For construction and acquisition, plan-
ning and design, and improvement of military
family housing and facilities, $248,223,000.
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $826,271,000.
(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—
(1) the total amount authorized to be appro-
priated under paragraphs (1) and (2) of subsection
(a); and
439
(2) $9,400,000 (the balance of the amount au-
thorized under section 2301(c) for the construction
of an air freight terminal and base supply complex
at McGuire Air Force Base, New Jersey).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (5)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by
$12,231,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange
rates for military family housing construction and military
family housing support outside the United States.
TITLE XXIV—DEFENSE
AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2402(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 fol-
lowing table:
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Defense Education Activity ..
Camp Lejeune, North Carolina ........
$5,914,000
Laurel Bay, South Carolina .............
$804,000
440
Defense Agencies: Inside the United States—Continued
Agency
Installation or location
Amount
Defense Logistics Agency .....
Defense Distribution Supply Point
New Cumberland, Pennsylvania ...
$17,700,000
Defense Fuel Support Point, Cherry
Point, North Carolina ...................
$5,700,000
Defense 
Fuel 
Support 
Point,
MacDill Air Force Base, Florida ..
$16,956,000
Defense 
Fuel 
Support 
Point,
McConnell Air Force Base, Kan-
sas .................................................
$11,000,000
Defense Fuel Support Point, Naval
Air Station, Fallon, Nevada .........
$5,000,000
Defense Fuel Support Point, North
Island, California ..........................
$5,900,000
Defense Fuel Support Point, Oceana
Naval Air Station, Virginia ..........
$2,000,000
Defense Fuel Support Point, Patux-
ent River, Maryland ......................
$8,300,000
Defense 
Fuel 
Support 
Point,
Twentynine Palms, California ......
$2,200,000
Defense Supply Center, Richmond,
Virginia .........................................
$4,500,000
National Security Agency .....
Fort Meade, Maryland .....................
$4,228,000
Special Operations Command
Eglin Auxiliary Field 9, Florida .......
$26,523,000
Fleet Combat Training Center, Dam
Neck, Virginia ...............................
$5,500,000
Fort Bragg, North Carolina .............
$8,600,000
Fort Campbell, Kentucky .................
$16,300,000
Kodiak, Alaska .................................
$5,000,000
Naval Air Station, North Island,
California ......................................
$1,350,000
Naval Air Station, Oceana, Virginia
$3,400,000
Naval Amphibious Base, Coronado,
California ......................................
$4,300,000
Naval 
Amphibious 
Base, 
Little
Creek, Virginia .............................
$5,400,000
Pearl Harbor, Hawaii .......................
$9,990,000
TRICARE Management Ac-
tivity ..................................
Edwards Air Force Base, California
$17,900,000
Marine Corps Base, Camp Pen-
dleton, California ..........................
$14,150,000
Eglin Air Force Base, Florida .........
$37,600,000
Fort Drum, New York .....................
$1,400,000
Patrick Air Force Base, Florida ......
$2,700,000
Tyndall Air Force Base, Florida ......
$7,700,000
Total: ........................................
$258,015,000
(b) OUTSIDE THE UNITED STATES.—Using amounts
appropriated pursuant to the authorization of appropria-
tions in section 2402(a)(2), the Secretary of Defense may
acquire real property and carry out military construction
projects for the installations and locations outside the
441
United States, and in the amounts, set forth in the fol-
lowing table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Education Activity ..
Hanau, Germany ..............................
$1,026,000
Hohenfels, Germany .........................
$13,774,000
Royal Air Force, Feltwell, United
Kingdom .......................................
$1,287,000
Royal 
Air 
Force, 
Lakenheath,
United Kingdom ...........................
$3,086,000
Schweinfurt, Germany ......................
$1,444,000
Sigonella, Italy ..................................
$971,000
Wuerzburg, Germany .......................
$1,798,000
Defense Finance and Ac-
counting Service ................
Kleber Kaserne, Germany ................
$7,500,000
Defense Logistics Agency .....
Defense Fuel Support Point, Ander-
sen Air Force Base, Guam ...........
$36,000,000
Defense Fuel Support Point, Marine
Corps 
Air 
Station, 
Iwakuni,
Japan ............................................
$22,400,000
Defense Fuel Support Point, Misawa
Air Base, Japan ............................
$26,400,000
Defense Fuel Support Point, Royal
Air Force, Mildenhall, United
Kingdom .......................................
$10,000,000
Defense 
Fuel 
Support 
Point,
Sigonella, Italy ..............................
$16,300,000
Defense Threat Reduction
Agency ...............................
Darmstadt, Germany ........................
$2,450,000
Special Operations Command
Roosevelt Roads, Puerto Rico ..........
$1,241,000
Taegu, Korea ....................................
$1,450,000
TRICARE Management
Agency ...............................
Kitzingen, Germany ..........................
$1,400,000
Wiesbaden Air Base, Germany .........
$7,187,000
Total: ........................................
$155,714,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts ap-
propriated pursuant to the authorization of appropriations
in section 2402(a)(3), the Secretary of Defense may ac-
quire real property and carry out military construction
projects for the installations and locations, and in the
amounts, set forth in the following table:
Defense Agencies: Unspecified Worldwide
Location
Installation
Amount
Unspecified Worldwide ..........
Unspecified Worldwide .....................
$451,135,000
442
SEC. 2402. AUTHORIZATION OF APPROPRIATIONS, DE-
FENSE AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated for fiscal years beginning after September
30, 2000, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $2,034,759,000, as follows:
(1) For military construction projects inside the
United States authorized by section 2401(a),
$262,415,000.
(2) For military construction projects outside
the United States authorized by section 2401(b),
$155,714,000.
(3) For the military construction projects at
unspecified worldwide locations authorized by section
2401(c), $85,095,000.
(4) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$17,390,000.
(5) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $10,000,000.
(6) For architectural and engineering services
and construction design under section 2807 of title
10, United States Code, $75,705,000.
443
(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),
$1,174,369,000.
(8) For military family housing functions, for
support of military housing (including functions de-
scribed in section 2833 of title 10, United States
Code), $44,886,000 of which not more than
$38,478,000 may be obligated or expended for the
leasing of military family housing units worldwide.
(9) For the construction of an ammunition de-
militarization facility, Pine Bluff Arsenal, Arkansas,
authorized by section 2401(a) of the Military Con-
struction Authorization Act for Fiscal Year 1995
(division B of Public Law 103–337; 108 Stat.
3040), as amended by section 2407 of the Military
Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104–106; 110 Stat. 539),
section 2408 of the Military Construction Authoriza-
tion Act for Fiscal Year 1998 (division B of Public
Law 105–85; 111 Stat. 1982), and section 2406 of
the Military Construction Authorization Act for Fis-
cal Year 1999 (division B of Public Law 105–261;
112 Stat. 2197), $43,600,000.
444
(10) For the construction of phase 6 of an am-
munition demilitarization facility, Umatilla Army
Depot, Oregon, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal
Year 1995, as amended by section 2407 of the Mili-
tary Construction Authorization Act for Fiscal Year
1996, section 2408 of the Military Construction Au-
thorization Act for Fiscal Year 1998, and section
2406 of the Military Construction Authorization Act
for Fiscal Year 1999, $9,400,000.
(11) For the construction of phase 2 of an am-
munition demilitarization facility, Pueblo Army
Depot, Colorado, authorized by section 2401(a) of
the Military Construction Authorization Act for Fis-
cal Year 1997 (division B of Public Law 104–201;
110 Stat. 2775), as amended by section 2406 of the
Military Construction Authorization Act for Fiscal
Year 2000 (division B of Public Law 106–65; 113
Stat. 839), $10,700,000.
(12) For the construction of phase 3 of an am-
munition demilitarization facility, 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), $54,400,000.
445
(13) For the construction of phase 3 of an am-
munition demilitarization facility, Aberdeen Proving
Ground, Maryland, authorized by section 2401(a) of
the Military Construction Authorization Act for Fis-
cal Year 1999 (112 Stat. 2193), $45,700,000.
(14) For construction of a replacement hospital
at Fort Wainwright, Alaska, authorized by section
2401(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law
106–65; 113 Stat. 836), $44,000,000.
(15) For the construction of the Ammunition
Demilitarization Support Phase 2, Blue Grass Army
Depot, Kentucky, authorized in section 2401(a) the
Military Construction Act for Fiscal Year 2000 (113
Stat. 836), $8,500,000.
(b) LIMITATION OF TOTAL COST OF CONSTRUCTION
PROJECTS.—Notwithstanding the cost variation author-
ized by section 2853 of title 10, United States Code, and
any other cost variations 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
446
(2) $366,040,000 (the balance of the amount
authorized under section 2401(c) for construction of
National Missile Defense initial deployment facilities,
unspecified worldwide locations).
(c) ADJUSTMENT.—The total amount authorized to
be appropriated pursuant to paragraphs (1) through (15)
of subsection (a) is the sum of the amounts authorized
to be appropriated in such paragraphs, reduced by
$7,115,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange
rates for military construction outside the United States.
TITLE 
XXV—NORTH 
ATLANTIC
TREATY ORGANIZATION SE-
CURITY 
INVESTMENT 
PRO-
GRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for
the North Atlantic Treaty Organization Security Invest-
ment program as provided in section 2806 of title 10,
United States Code, in an amount not to exceed the sum
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the
North Atlantic Treaty Organization as a result of con-
struction previously financed by the United States.
447
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2000, for con-
tributions by the Secretary of Defense under section 2806
of title 10, United States Code, for the share of the United
States of the cost of projects for the North Atlantic Treaty
Organization Security Investment program authorized by
section 2501, in the amount of $177,500,000.
TITLE XXVI—GUARD AND
RESERVE FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal
years beginning after September 30, 2000, for the costs
of acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve
Forces, and for contributions therefor, under chapter
1803 of title 10, United States Code (including the cost
of acquisition of land for those facilities), the following
amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the
United States, $129,139,000; and
(B) for the Army Reserve, $104,854,000.
(2) For the Department of the Navy, for the
Naval and Marine Corps Reserve, $56,574,000.
448
(3) For the Department of the Air Force—
(A) for the Air National Guard of the
United States, $110,885,000; and
(B) 
for 
the 
Air 
Force 
Reserve,
$41,748,000.
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 ex-
pire on the later of—
(1) October 1, 2003; or
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year
2004.
(b) EXCEPTION.—Subsection (a) shall not apply to
authorizations for military construction projects, land ac-
449
quisition, family housing projects and facilities, and con-
tributions to the North Atlantic Treaty Organization Se-
curity Investment program (and authorizations of appro-
priations therefor) for which appropriated funds have been
obligated before the later of—
(1) October 1, 2003; or
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2004 for military con-
struction projects, land acquisition, family housing
projects and facilities, or contributions to the North
Atlantic Treaty Organization Security Investment
program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1998 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1998 (division B of Public Law 105–85; 111 Stat.
1984), authorizations set forth in the tables in subsection
(b), as provided in section 2102, 2202, or 2302 of that
Act, shall remain in effect until October 1, 2001, or the
date of the enactment of an Act authorizing funds for mili-
tary construction for fiscal year 2002, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
450
Army: Extension of 1998 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Maryland ......................
Fort Meade .................
Family Housing
Construction
(56 units) ....
$7,900,000
Texas ............................
Fort Hood ...................
Family Housing
Construction
(130 units) ..
$18,800,000
Navy: Extension of 1998 Project Authorizations
State
Installation or loca-
tion
Project
Amount
California ......................
Naval Complex, San
Diego .......................
Replacement
Family Hous-
ing Construc-
tion (94
units) ...........
$13,500,000
California ......................
Marine Corps Air Sta-
tion, Miramar ..........
Family Housing
Construction
(166 units) ..
$28,881,000
California ......................
Marine Corps Air-
Ground Combat Cen-
ter, Twentynine
Palms .......................
Replacement
Family Hous-
ing Construc-
tion (132
units) ...........
$23,891,000
Louisiana ......................
Naval Complex, New
Orleans ....................
Replacement
Family Hous-
ing Construc-
tion (100
units) ...........
$11,930,000
Texas ............................
Naval Air Station, Cor-
pus Christi ...............
Family Housing
Construction
(212 units) ..
$22,250,000
Washington ...................
Naval Air Station,
Whidbey Island ........
Replacement
Family Hous-
ing Construc-
tion (102
units) ...........
$16,000,000
Air Force: Extension of 1998 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Georgia .........................
Robins Air Force Base
Replace Family
Housing (60
units) ...........
$6,800,000
Idaho ............................
Mountain Home Air
Force Base ..............
Replace Family
Housing (60
units) ...........
$11,032,000
451
Air Force: Extension of 1998 Project Authorizations—Continued
State
Installation or loca-
tion
Project
Amount
New Mexico ..................
Kirtland Air Force
Base .........................
Replace Family
Housing (180
units) ...........
$20,900,000
Texas ............................
Dyess Air Force Base
Construct Fam-
ily Housing
(70 units) ....
$10,503,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 1997 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal
Year 1997 (division B of Public Law 104–201; 110 Stat.
2782), authorizations set forth in the table in subsection
(b), as provided in section 2201 or 2202 of that Act and
extended by section 2702 of the Military Construction Au-
thorization Act for Fiscal Year 2000 (division B of Public
Law 106–65; 113 Stat. 842), shall remain in effect until
October 1, 2001, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2002, whichever is later.
(b) TABLE.—The table referred to in subsection (a)
is as follows:
Navy: Extension of 1997 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Florida ..........................
Navy Station, Mayport
Family Housing
Construction
(100 units) ..
$10,000,000
North Carolina .............
Marine Corps Base,
Camp Lejuene .........
Family Housing
Construction
(94 units) ....
$10,110,000
452
Navy: Extension of 1997 Project Authorizations—Continued
State
Installation or loca-
tion
Project
Amount
South Carolina .............
Marine Corps Air Sta-
tion, Beaufort ..........
Family Housing
Construction
(140 units) ..
$14,000,000
Texas ............................
Naval Complex, Corpus
Christi ......................
Family Housing
Replacement
(104 units) ..
$11,675,000
Naval Air Station,
Kingsville .................
Family Housing
Replacement
(48 units) ....
$7,550,000
Virginia .........................
Marine Corps Combat
Development Com-
mand, Quantico .......
Infrastructure
Development
$8,900,000
Washington ...................
Naval Station, Everett
Family Housing
Construction
(100 units) ..
$15,015,000
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI
shall take effect on the later of—
(1) October 1, 2000; or
(2) the date of the enactment of this Act.
TITLE XXVIII—GENERAL
PROVISIONS
Subtitle A—Military Construction
Program and Military Family
Housing Changes
SEC. 2801. REVISION OF LIMITATIONS ON SPACE BY PAY
GRADE.
Section 2826 of title 10, United States Code, is
amended to read as follows:
453
‘‘§ 2826. Limitations on space by pay grade
‘‘In the construction, acquisition, and improvement of
military family housing units, the Secretary concerned
shall ensure that the room patterns and floor areas are
generally comparable to the room patterns and floor areas
of similar housing units in the locality concerned.’’.
SEC. 2802. LEASING OF MILITARY FAMILY HOUSING,
UNITED 
STATES 
SOUTHERN 
COMMAND,
MIAMI, FLORIDA.
(a) FIVE-YEAR LEASE; PAYMENT SOURCE.—Sub-
section (b)(4) of section 2828 of title 10, United States
Code, is amended—
(1) by striking ‘‘and no lease on any individual
housing unit may exceed $60,000 per year’’ and in-
serting ‘‘and the lease payments shall be made out
of annual appropriations for that year’’; and
(2) by adding at the end the following new sen-
tence: ‘‘A lease under this paragraph may not exceed
5 years.’’.
(b) HOUSING ADJUSTMENT.—Such subsection is fur-
ther amended—
(1) by inserting ‘‘(A)’’ after ‘‘(4)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) At the beginning of each fiscal year, the Sec-
retary of the Army shall adjust the maximum amount pro-
454
vided for leases under subparagraph (A) for the previous
fiscal year by the percentage (if any) by which the basic
allowance for housing under section 403 of title 37 for
the Miami metropolitan area during the preceding fiscal
year exceeded such basic allowance for housing for the sec-
ond preceding fiscal year.’’.
(c) CONFORMING AMENDMENT.—Subsection (b)(5)
of such section is amended by striking ‘‘paragraphs (2),
(3), and (4)’’and inserting ‘‘paragraphs (2) and (3)’’.
SEC. 2803. EXTENSION OF ALTERNATIVE AUTHORITY FOR
ACQUISITION AND IMPROVEMENT OF MILI-
TARY HOUSING.
Section 2885 of title 10, United States Code, is
amended by striking ‘‘2001’’ and inserting ‘‘2006’’.
SEC. 2804. EXPANSION OF DEFINITION OF ARMORY TO IN-
CLUDE READINESS CENTERS.
(a) DEFINITION.—Section 18232(3) of title 10,
United States Code, is amended by striking ‘‘The term
‘armory’ means’’ and inserting ‘‘The terms ‘armory’ and
‘readiness center’ mean’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
18232(2) of such title is amended by striking ‘‘armory or
other structure’’ and inserting ‘‘armory, readiness center,
or other structure’’.
455
(2) Section 18236(b) of such title by inserting ‘‘or
readiness center’’ after ‘‘armory’’.
Subtitle B—Real Property and
Facilities Administration
SEC. 2811. INCREASE IN THRESHOLD FOR NOTICE AND
WAIT REQUIREMENTS FOR REAL PROPERTY
TRANSACTIONS.
(a) INCREASED THRESHOLD.—Section 2662 of title
10, United States Code, is amended by striking
‘‘$200,000’’ each place it appears and inserting thereof
‘‘$500,000’’.
(b) 
REFERENCE
TO
SIMPLIFIED
ACQUISITION
THRESHOLD.—Subsection (b) of such section is amended
by striking ‘‘under section 2304(g) of this title’’ and in-
serting ‘‘specified in section 4(11) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(11)),’’.
SEC. 2812. ENHANCEMENT OF AUTHORITY OF MILITARY
DEPARTMENTS TO LEASE NON-EXCESS PROP-
ERTY.
(a) PROPERTY AVAILABLE FOR LEASE.—Subsection
(a) of section 2667 of title 10, United States Code, is
amended—
(1) by inserting ‘‘and’’ at the end of paragraph
(1);
(2) by striking paragraph (2); and
456
(3) by redesignating paragraph (3) as para-
graph (2).
(b) ACCEPTANCE
OF IN-KIND CONSIDERATION.—
Such section is further amended—
(1) in subsection (b)(5)—
(A) by striking ‘‘improvement, mainte-
nance, protection, repair, or restoration,’’ and
inserting ‘‘alteration, repair, or improvement,’’;
and
(B) by striking ‘‘, or of the entire unit or
installation where a substantial part of it is
leased,’’;
(2) by transferring subsection (c) to the end of
the section and redesignating such subsection, as so
transferred, as subsection (i);
(3) by inserting after subsection (b) the fol-
lowing new subsection (c):
‘‘(c)(1) In addition to any in-kind consideration ac-
cepted under subsection (b)(5), in-kind consideration ac-
cepted with respect to a lease under this section may in-
clude the following:
‘‘(A) Maintenance, protection, alteration, repair,
improvement, or restoration (including environ-
mental restoration) of property or facilities under
the control of the Secretary concerned.
457
‘‘(B) Provision of facilities for use by the Sec-
retary concerned.
‘‘(C) Facilities operation support for the Sec-
retary concerned.
‘‘(D) Provision of such other services relating to
activities that will occur on the leased property as
the Secretary concerned considers appropriate.
‘‘(2) In-kind consideration under paragraph (1) may
be accepted at any property or facilities under the control
of the Secretary concerned that are selected for that pur-
pose by the Secretary concerned.
‘‘(3) The Secretary concerned may not accept in-kind
consideration during a fiscal year with respect to leases
under this section until the Comptroller General certifies
to the Secretary concerned that the total received by the
Secretary concerned as money rentals for that fiscal year
under such leases is equal to the total money rentals under
such leases received by the Secretary concerned during fis-
cal year 2000.
‘‘(4) In the case of a lease for which all or part of
the consideration proposed to be accepted by the Secretary
concerned under this subsection is in-kind consideration
with a value in excess of $500,000, the Secretary con-
cerned may not enter into the lease until 30 days after
458
the date on which a report on the facts of the lease is
submitted to the congressional defense committees.’’; and
(4) in subsection (f)—
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as
paragraph (4).
(c) USE OF CASH PROCEEDS AND CONGRESSIONAL
NOTIFICATION.—Subsection (d) of such section is
amended—
(1) in paragraph (1), by striking subparagraph
(B) and inserting the following new subparagraphs:
‘‘(B) Subject to subparagraphs (C) and (D), the
amounts deposited in the special account of a military de-
partment pursuant to subparagraph (A) shall be available
to the Secretary of that military department, in such
amounts as provided in appropriation Acts, for the fol-
lowing:
‘‘(i) Maintenance, protection, alteration, repair,
improvement, or restoration (including environ-
mental restoration) of property or facilities.
‘‘(ii) Lease of facilities.
‘‘(iii) Facilities operation support.
‘‘(C) At least 50 percent of the amounts deposited
in the special account of a military department under sub-
paragraph (A) by reason of a lease shall be available for
459
activities described in subparagraph (B) only at the mili-
tary installation where the leased property is located.
‘‘(D) The Secretary concerned may not expend under
subparagraph (B) an amount in excess of $500,000 at a
single installation until 30 days after the date on which
a report on the facts of the proposed expenditure is sub-
mitted to the congressional defense committees.’’; and
(2) in paragraph (3)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘As part’’ and all that follows
through ‘‘Secretary of Defense’’ and inserting
‘‘Not later than March 15 each year, the Sec-
retary of Defense shall submit to the congres-
sional defense committees a report which’’; and
(B) in subparagraph (A), by striking ‘‘re-
quest’’ and inserting ‘‘report’’.
(e) DEFINITIONS.—Subsection (h) of such section is
amended to read as follows:
‘‘(h) In this section:
‘‘(1) The term ‘congressional defense commit-
tees’ means:
‘‘(A) The Committee on Armed Services
and the Committee on Appropriations of the
Senate.
460
‘‘(B) The Committee on Armed Services
and the Committee on Appropriations of the
House of Representatives.
‘‘(2) The term ‘base closure law’ means the fol-
lowing:
‘‘(A) Section 2687 of this title.
‘‘(B) 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).
‘‘(C) Title II of the Defense Authorization
Amendments and Base Closure and Realign-
ment Act (Public Law 100–526; 10 U.S.C.
2687 note).
‘‘(3) The term ‘military installation’ has the
meaning given such term in section 2687(e)(1) of
this title.’’.
SEC. 2813. CONVEYANCE AUTHORITY REGARDING UTILITY
SYSTEMS OF MILITARY DEPARTMENTS.
Subsection (b) of section 2688 of title 10, United
States Code, is amended to read as follows:
‘‘(b) SELECTION OF CONVEYEE OR AWARDEE.—(1)
The Secretary concerned shall comply with the competi-
tion requirements of section 2304 of this title in conveying
a utility system under this section and in awarding any
461
utility services contract related to the conveyance of the
utility system.
‘‘(2) A conveyance or award may be made under
paragraph (1) only if the Secretary concerned determines
that the conveyance or award complies with State laws,
regulations, rulings, and policies governing the provision
of utility services. Such State laws, regulations, rulings,
and policies shall apply to the conveyee or awardee not-
withstanding the existence of exclusive federal legislative
jurisdiction as to any parcels of land served by the utility
system.’’.
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2831. TRANSFER OF JURISDICTION, ROCK ISLAND AR-
SENAL, ILLINOIS.
(a) TRANSFER AUTHORIZED.—The Secretary of the
Army may transfer, without reimbursement, to the admin-
istrative jurisdiction of the Secretary of Veterans Affairs
a parcel of real property, including any improvements
thereon, consisting of approximately 23 acres and com-
prising a portion of the Rock Island Arsenal, Illinois.
(b) USE OF LAND.—The Secretary of Veterans Af-
fairs shall include the real property transferred under sub-
section (a) in the Rock Island National Cemetery and use
462
the transferred property as a national cemetery under
chapter 24 of title 38, United States Code.
(c) LEGAL DESCRIPTION.—The exact acreage and
legal description of the real property to be transferred
under this section shall be determined by a survey satis-
factory to the Secretary of the Army. The cost of the sur-
vey shall be borne by the Secretary of Veterans Affairs.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Army may require such additional terms
and conditions in connection with the transfer under this
section as the Secretary of the Army considers appropriate
to protect the interests of the United States.
SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER,
GALESBURG, ILLINOIS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to Knox
County, Illinois (in this section referred to as the ‘‘Coun-
ty’’), all right, title, and interest of the United States in
and to a parcel of real property, including improvements
thereon, in Galesburg, Illinois, consisting of approximately
4.65 acres and containing an Army Reserve Center for
the purpose of permitting the County to use the parcel
for municipal office space.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be conveyed
463
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.
(c) 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 RESERVE CENTER,
WINONA, MINNESOTA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Wi-
nona State University Foundation of Winona, Minnesota
(in this section referred to as the ‘‘Foundation’’), all right,
title, and interest of the United States in and to a parcel
of real property, including improvements thereon, in Wi-
nona, Minnesota, containing an Army Reserve Center for
the purpose of permitting the Foundation to use the parcel
for educational purposes.
(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 Foundation.
464
(c) 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. 2834. LAND CONVEYANCE, FORT POLK, LOUISIANA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the State
of Louisiana (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 improvements there-
on, consisting of approximately 200 acres at Fort Polk,
Louisiana, for the purpose of permitting the State to es-
tablish 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 State.
(c) 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.
465
SEC. 2835. LAND CONVEYANCE, FORT PICKETT, VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Com-
monwealth of Virginia (in this section referred to as the
‘‘Commonwealth’’), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 700
acres at Fort Pickett, Virginia, for the purpose of permit-
ting the Commonwealth to develop and operate a public
safety training facility.
(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 Commonwealth.
(c) 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. 2836. LAND CONVEYANCE, FORT DIX, NEW JERSEY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to Pem-
berton Township, New Jersey (in this section referred to
as the ‘‘Township’’), all right, title, and interest of the
United States in and to a parcel of real property at Fort
466
Dix, New Jersey, consisting of approximately 2 acres and
containing a parking lot inadvertently constructed on the
parcel by the Township.
(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 Township.
(c) CONDITIONS ON CONVEYANCE.—The conveyance
authorized under subsection (a) shall be subject to the
conditions that—
(1) the Township accept the property as is; and
(2) the Township assume responsibility for any
environmental restoration or remediation required
with respect to the property under applicable law.
(d) 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. 2837. LAND CONVEYANCE, NIKE SITE 43, ELRAMA,
PENNSYLVANIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Board
of Supervisors of Union Township, Pennsylvania (in this
467
section referred to as the ‘‘Township’’), all right, title, and
interest of the United States in and to a parcel of real
property, including improvements thereon, in Elrama,
Pennsylvania, consisting of approximately 160 acres,
which is known as Nike Site 43 and was more recently
used by the Pennsylvania Army National Guard, for the
purpose of permitting the Township to use the parcel for
municipal storage and other public purposes.
(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 Township.
(c) 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. 2838. LAND EXCHANGE, FORT HOOD, TEXAS.
(a) EXCHANGE AUTHORIZED.—The Secretary of the
Army may convey to the City of Copperas Cove, Texas
(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 any improvements thereon, con-
sisting of approximately 100 acres at Fort Hood, Texas,
468
in exchange for the City’s conveyance to the Secretary of
all right, title, and interest of the City in and to one or
more parcels of real property that are acceptable to the
Secretary and consist of a total of approximately 300
acres.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the parcels of real property to be
exchanged under subsection (a) shall be determined by
surveys satisfactory to the Secretary. The cost of the sur-
veys shall be borne by the City.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the exchange under subsection (a)
as the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 2839. LAND CONVEYANCE, CHARLES MELVIN PRICE
SUPPORT CENTER, ILLINOIS.
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary
of the Army may convey to the Tri-City Regional Port
District of Granite City, Illinois (in this section referred
to as the ‘‘Port District’’), 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 752 acres and known as the U.S. Army Charles
Melvin Price Support Center, for the purpose of permit-
469
ting the Port District to use the parcel for development
of a port facility and for other public purposes.
(2) The property to be conveyed under paragraph (1)
shall include 158 units of military family housing at the
Charles Melvin Price Support Center for the purpose of
permitting the Port District to use the housing to provide
affordable housing, but only if the Port District agrees
to provide members of the Armed Forces first priority in
leasing the housing at a rental rate not to exceed the mem-
ber’s basic allowance for housing.
(3) The Secretary of the Army may include as part
of the conveyance under paragraph (1) personal property
of the Army at the Charles Melvin Price Support Center
that the Secretary of Transportation recommends is ap-
propriate for the development or operation of the port fa-
cility and the Secretary of the Army agrees is excess to
the needs of the Army.
(b) INTERIM LEASE.—Until such time as the real
property described in subsection (a) is capable of being
conveyed by deed, the Secretary of the Army may lease
the property to the Port District.
(c) CONSIDERATION.—(1) The conveyance under
subsection (a) shall be made without consideration as a
public benefit conveyance for port development if the Sec-
retary of the Army determines that the Port District satis-
470
fies the criteria specified in section 203(q) of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 484(q)) and regulations prescribed to implement
such section. If the Secretary determines that the Port
District fails to qualify for a public benefit conveyance,
but still desires to acquire the property, the Port District
shall pay to the United States an amount equal to the
fair market value of the property to be conveyed. The fair
market value of the property shall be determined by the
Secretary of the Army.
(2) The Secretary of the Army may accept as consid-
eration for a lease of the property under subsection (b)
an amount that is less than fair market value if the Sec-
retary determines that the public interest will be served
as a result of the lease and the fair market value is
unobtainable or is not compatible with the public interest.
(d) ARMY
RESERVE
ACTIVITIES.—(1) Notwith-
standing the total acreage of the parcel authorized for con-
veyance under subsection (a), the Secretary of the Army
may retain up to 50 acres of the parcel for use by the
Army Reserve. The acreage selected for retention shall be
mutually agreeable to the Secretary and the Port District.
(2) At such time as the Secretary of the Army deter-
mines that the property retained under this subsection is
no longer needed for Army Reserve activities, the Sec-
471
retary shall convey the property to the Port District. The
consideration for the conveyance shall be determined in
the manner provided in subsection (c).
(e) NAVY
ENCLAVE.—Notwithstanding the total
acreage of the parcel authorized for conveyance under sub-
section (a), the Secretary of the Army may retain an addi-
tional portion of the parcel, up to 150 acres, for the devel-
opment of a Navy enclave to support the existing Federal
use of the parcel. The acreage selected for retention shall
be mutually agreeable to the Secretary and the Port Dis-
trict.
(2) At such time as the Secretary of the Army deter-
mines that the property retained under this subsection is
no longer needed, the Secretary shall convey the property
to the Port District. The consideration for the conveyance
shall be determined in the manner provided in subsection
(c).
(f) FLOOD CONTROL EASEMENT.—The Port District
shall grant to the Secretary of the Army an easement on
the property conveyed under subsection (a) for the pur-
pose of permitting the Secretary to implement and main-
tain flood control projects. The Secretary of the Army,
acting through the Corps of Engineers, shall be respon-
sible for the maintenance of any flood control project built
on the property pursuant to the easement.
472
(g) 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 of the Army and the Port District. The
cost of such survey shall be borne by the Port District.
(h) ADDITIONAL TERMS.—The Secretary of the
Army may require such additional terms and conditions
in connection with the conveyance as the Secretary con-
siders appropriate to protect the interests of the United
States.
SEC. 2840. LAND CONVEYANCE, ARMY RESERVE LOCAL
TRAINING 
CENTER, 
CHATTANOOGA, 
TEN-
NESSEE.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the Medal
of Honor Museum, Inc., a nonprofit corporation organized
in the State of Tennessee (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, consisting of approximately 15
acres at the Army Reserve Local Training Center located
on Bonnie Oaks Drive, Chattanooga, Tennessee, for the
purpose of permitting the Corporation to develop and use
the parcel as a museum and for other educational pur-
poses.
473
(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 Corporation.
(c) 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. 2841. LAND CONVEYANCE, FORT RILEY MILITARY RES-
ERVATION, KANSAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Army may convey, without consideration, to the State
of Kansas, all right, title, and interest of the United States
in and to a parcel of real property, including any improve-
ments thereon, consisting of approximately 70 acres at
Fort Riley Military Reservation, Fort Riley, Kansas. The
preferred site is adjacent to the Fort Riley Military Res-
ervation boundary, along the north side of Huebner Road
across from the First Territorial Capitol of Kansas His-
torical Site Museum.
(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-
474
factory to the Secretary of the Army and the Director of
the Kansas Commission on Veterans Affairs.
(c) EXCEPTION FROM SCREENING REQUIREMENT.—
The Secretary may make the conveyance required by sub-
section (a) without regard to the requirement under sec-
tion 2696 of title 10, United States Code, that the prop-
erty be screened for further Federal use in accordance
with the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 471 et seq.).
(d) CONDITIONS OF CONVEYANCE.—The conveyance
required by subsection (a) shall be subject to the condi-
tions that—
(1) the State of Kansas use the property con-
veyed solely for purposes of establishing and main-
taining a State-operated veterans cemetery; and
(2) all costs associated with the conveyance, in-
cluding the cost of relocating water and electric utili-
ties should such relocation be determined necessary
based on the survey described in subsection (b),
shall be borne by the State of Kansas.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Army may require such additional terms
and conditions in connection with the conveyance required
by subsection (a) as the Secretary of the Army determines
appropriate to protect the interests of the United States.
475
SEC. 2842. LAND CONVEYANCES, FORT VANCOUVER BAR-
RACKS, VANCOUVER, WASHINGTON.
(a) CONVEYANCE OF WEST BARRACKS.—The Sec-
retary of the Army may convey, without consideration, to
the City of Vancouver, Washington (in this section re-
ferred to as the ‘‘City’’), all right, title, and interest of
the United States in and to a parcel of real property en-
compassing 19 structures at Vancouver Barracks, Wash-
ington, which are identified by the Army using numbers
between 602 and 676 and are known as the west barracks.
(b) CONVEYANCE OF EAST BARRACKS.—Upon vaca-
tion, or agreement to vacate, by the Army Reserve and
the Army National Guard of the parcel of real property
at Vancouver Barracks encompassing 10 structures, which
are identified by the Army using numbers between 704
and 786 and the numbers 987, 989, 991, and 993, and
are known as the east barracks, the Secretary may convey,
without consideration, to the City all right, title, and inter-
est of the United States in and to the parcel.
(c) MODIFICATION
AND CONVEYANCE
OF REVER-
SIONARY INTEREST.—(1) The Secretary may modify the
reversionary interest that was retained by the United
States when a parcel of real property at Vancouver Bar-
racks was conveyed to the Washington State Department
of Transportation to remove the condition that the real
property be used only for highway-related purposes.
476
(2) The Secretary may convey, without consideration,
to the City the reversionary interest referred to in para-
graph (1), modified as provided by such paragraph. Upon
conveyance, the Secretary shall execute and file in the ap-
propriate office an amended deed or other appropriate in-
strument effectuating the modification and conveyance of
the reversionary interest.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property authorized to
be conveyed under subsections (a) and (b) shall be deter-
mined by surveys satisfactory to the Secretary of the
Army. The cost of any such survey shall be borne by the
City.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Army may require such additional terms
and conditions in connection with a conveyance under this
section as the Secretary considers appropriate to protect
the interests of the United States.
PART II—NAVY CONVEYANCES
SEC. 2851. MODIFICATION OF AUTHORITY FOR OXNARD
HARBOR DISTRICT, PORT HUENEME, CALI-
FORNIA, TO USE CERTAIN NAVY PROPERTY.
(a) ADDITIONAL RESTRICTIONS ON JOINT USE.—
Subsection (c) of section 2843 of the Military Construc-
tion Authorization Act for Fiscal Year 1995 (division B
477
of Public Law 103–337; 108 Stat. 3067) is amended to
read as follows:
‘‘(c) RESTRICTIONS ON USE.—The District’s use of
the property covered by an agreement under subsection
(a) is subject to the following conditions:
‘‘(1) The District shall suspend operations
under the agreement upon notification by the com-
manding officer of the Center that the property is
needed to support mission essential naval vessel sup-
port requirements or Navy contingency operations,
including combat missions, natural disasters, and
humanitarian missions.
‘‘(2) The District shall use the property covered
by the agreement in a manner consistent with Navy
operations at the Center, including cooperating with
the Navy for the purpose of assisting the Navy to
meet its through-put requirements at the Center for
the expeditious movement of military cargo.
‘‘(3) The commanding officer of the Center may
require the District to remove any of its personal
property at the Center that the commanding officer
determines may interfere with military operations at
the Center. If the District cannot expeditiously re-
move the property, the commanding officer may pro-
478
vide for the removal of the property at District ex-
pense.’’.
(b) CONSIDERATION.—Subsection (d) of such section
is amended to read as follows:
‘‘(d) CONSIDERATION.—(1) As consideration for the
use of the property covered by an agreement under sub-
section (a), the District shall pay to the Navy an amount
that is mutually agreeable to the parties to the agreement,
taking into account the nature and extent of the District’s
use of the property.
‘‘(2) The Secretary may accept in-kind consideration
under paragraph (1), including consideration in the form
of—
‘‘(A) the District’s maintenance, preservation,
improvement, protection, repair, or restoration of all
or any portion of the property covered by the agree-
ment;
‘‘(B) the construction of new facilities, the
modification of existing facilities, or the replacement
of facilities vacated by the Navy on account of the
agreement; and
‘‘(C) covering the cost of relocation of the oper-
ations of the Navy from the vacated facilities to the
replacement facilities.
479
‘‘(3) All cash consideration received under paragraph
(1) shall be deposited in the special account in the Treas-
ury established for the Navy under section 2667(d) of title
10, United States Code. The amounts deposited in the
special account pursuant to this paragraph shall be avail-
able, as provided in appropriation Acts, for general super-
vision, administration, overhead expenses, and Center op-
erations and for the maintenance preservation, improve-
ment, protection, repair, or restoration of property at the
Center.’’.
(c) CONFORMING AMENDMENTS.—Such section is
further amended—
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as
subsections (f) and (g), respectively.
SEC. 2852. MODIFICATION OF LAND CONVEYANCE, MARINE
CORPS AIR STATION, EL TORO, CALIFORNIA.
Section 2811(a)(2) of the National Defense Author-
ization Act for Fiscal Years 1990 and 1991 (Public Law
101–189; 103 Stat. 1650) is amended by striking ‘‘of ad-
ditional military family housing units at Marine Corps Air
Station, Tustin, California’’ and inserting ‘‘and repair of
roads, and the development of Aerial Port of Embarkation
facilities, at Marine Corps Air Station, Miramar, Cali-
fornia’’.
480
SEC. 2853. TRANSFER OF JURISDICTION, MARINE CORPS
AIR STATION, MIRAMAR, CALIFORNIA.
(a) TRANSFER AUTHORIZED.—The Secretary of the
Navy may transfer, without reimbursement, to the admin-
istrative jurisdiction of the Secretary of the Interior a par-
cel of real property, including any improvements thereon,
consisting of approximately 250 acres and known as the
Teacup Parcel, which comprises a portion of the Marine
Corps Air Station, Miramar, California.
(b) USE OF LAND.—The Secretary of the Interior
shall include the real property transferred under sub-
section (a) as a part of the Vernal Pool Unit of the San
Diego National Wildlife Refuge and administer the prop-
erty for the conservation of fish and wildlife. All current
and future military aviation and related activities at the
Marine Corps Air Station, Miramar, are deemed to be
compatible with the refuge purposes for which the prop-
erty is transferred, and with any secondary uses that may
be established on the transferred property.
(c) CONDITION ON TRANSFER.—The transfer author-
ized under subsection (a) shall be subject to the condition
that the Secretary of the Interior make the transferred
property available to the Secretary of the Navy for any
habitat restoration or preservation project that may be re-
quired for mitigation of military activities occurring at the
Marine Corps Air Station, Miramar, unless the Secretary
481
of the Interior determines that the project adversely affect
the property’s sensitive wildlife and habitat resource val-
ues.
(d) LEGAL DESCRIPTION.—The exact acreage and
legal description of the real property to be transferred
under this section shall be determined by a survey satis-
factory to the Secretary of the Navy. The cost of the sur-
vey shall be borne by the Secretary of the Interior.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Navy may require such additional terms
and conditions in connection with the transfer under this
section as the Secretary of the Navy considers appropriate
to protect the interests of the United States.
SEC. 2854. LEASE OF PROPERTY, MARINE CORPS AIR STA-
TION, MIRAMAR, CALIFORNIA.
(a) AUTHORITY TO LEASE.—(1) The Secretary of
the Navy may lease, without consideration, to the City of
San Diego, California (in this section referred to as the
‘‘City’’), a parcel of real property, including any improve-
ments thereon, consisting of approximately 44 acres and
known as the Hickman Field, which comprises a portion
of the Marine Corps Air Station, Miramar, California.
(2) The lease authorized by paragraph (1) may have
a term not to exceed 5 years.
482
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property to be leased
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be
borne by the City.
(c) CONDITIONS ON LEASE.—The lease authorized
under subsection (a) shall be subject to the conditions
that—
(1) the City maintain the property at no cost to
the United States;
(2) the City make the property available to the
existing tenant at no cost during the term of the
lease; and
(3) the property be used only for recreational
purposes.
(d) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the lease under subsection (a) as
the Secretary considers appropriate to protect the inter-
ests of the United States.
SEC. 2855. LEASE OF PROPERTY, NAVAL AIR STATION, PEN-
SACOLA, FLORIDA.
(a) AUTHORITY TO LEASE.—The Secretary of the
Navy may lease, without consideration, to the Naval Avia-
tion Museum Foundation (in this section referred to as
483
the ‘‘Foundation’’) real property improvements con-
structed by the Foundation at the National Museum of
Naval Aviation at Naval Air Station, Pensacola, Florida,
for the purpose of permitting the Foundation to operate
a National Flight Academy to encourage and assist Amer-
ican young people to develop an interest in naval aviation
and to preserve and enhance the image and heritage of
naval aviation.
(b) CONSTRUCTION.—The Foundation shall be solely
responsible for the design and construction of the real
property improvements referred to in subsection (a). Upon
completion, the improvements shall be donated to and be-
come the property of the United States, subject to the
terms of the lease under subsection (a).
(c) TERM OF LEASE.—(1) The lease authorized by
subsection (a) may be for a term of up to 50 years, with
an option to renew for an additional 50 years.
(2) In the event that the National Flight Academy
ceases operation for a period in excess of 1 year during
the leasehold period, or any extension thereof, the lease
shall immediately terminate without cost or future liability
to the United States.
(d) USE BY NAVY.—The Secretary may use all or a
portion of the leased property when the National Flight
Academy is not in session or whenever the use of the prop-
484
erty would not conflict with operation of the Academy. The
Foundation shall permit such use at no cost to the Navy.
(e) MAINTENANCE AND REPAIR.—The Foundation
shall be solely responsible during the leasehold period, and
any extension thereof, for the operation, maintenance, and
repair or replacement of the real property improvements
authorized for lease under this section.
(f) ASSISTANCE.—(1) Subject to subsection (e), the
Secretary may assist the Foundation in implementing the
National Flight Academy by furnishing facilities, utilities,
maintenance, and other services within the boundaries of
Naval Air Station, Pensacola. The Secretary may require
the Foundation to reimburse the Secretary for the facili-
ties, utilities, maintenance, or other services so provided
or may provide the facilities, utilities, maintenance, or
other services without reimbursement by the Foundation.
(2) Any assistance provided the Foundation pursuant
to paragraph (1) may be terminated by the Secretary
without notice, cause, or liability to the United States.
(g) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the lease under subsection (a) as
the Secretary considers appropriate to protect the inter-
ests of the United States.