503 
The total value in budget authority of all contracts and in-
vestments undertaken using the authorities provided in this 
subchapter for the acquisition or construction of military 
unaccompanied housing shall not exceed $150,000,000.’’. 
SEC. 2807. TEMPORARY AUTHORITY TO ACCELERATE DE-
SIGN EFFORTS FOR MILITARY CONSTRUC-
TION PROJECTS CARRIED OUT USING DE-
SIGN-BUILD SELECTION PROCEDURES. 
Section 2305a of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(f) SPECIAL AUTHORITY FOR MILITARY CONSTRUC-
TION PROJECTS.—(1) The Secretary of a military depart-
ment, and the Secretary of Defense with respect to matters 
concerning the Defense Agencies, may use funds available 
to the Secretary under section 2807(a) or 18233(e) of this 
title to accelerate the design effort in connection with a 
military construction project for which the two-phase selec-
tion procedures described in subsection (c) are used to select 
the contractor for both the design and construction portion 
of the project before the project is specifically authorized by 
law and before funds are appropriated for the construction 
portion of the project. Notwithstanding the limitations con-
tained in such sections, use of such funds for the design 
portion of a military construction project may continue de-
spite the subsequent authorization of the project. The ad-
504 
vance notice requirement of section 2807(b) of this title shall 
continue to apply whenever the estimated cost of the design 
portion of the project exceeds the amount specified in such 
section. 
‘‘(2) Any military construction contract that provides 
for an accelerated design effort, as authorized by paragraph 
(1), shall include as a condition of the contract that the 
liability of the United States in a termination for conven-
ience may not exceed costs above the costs attributable to 
the final design of the project. 
‘‘(3) Not more than 36 military construction projects 
containing the accelerated design effort authorized by para-
graph (1) may be carried out. 
‘‘(4) Not later than March 1, 2007, the Secretary of 
Defense shall submit to the congressional defense committees 
a report evaluating the usefulness of the authority provided 
by this subsection in expediting the design and construction 
of military construction projects. The authority provided by 
this subsection expires September 30, 2008, except that, if 
the report required by this paragraph is not submitted by 
March 1, 2007, the authority shall expire on that date.’’.
505 
SEC. 2808. EXCHANGE OR SALE OF RESERVE COMPONENT 
FACILITIES TO ACQUIRE REPLACEMENT FA-
CILITIES. 
Section 18233 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(g)(1) The Secretary of Defense may convey, by ex-
change or sale, an existing facility of a reserve component 
of the armed forces for the purpose of acquiring a replace-
ment facility under this section or using the proceeds from 
the sale to acquire a replacement facility under this section, 
if the Secretary determines it is in the best interests of the 
United States to acquire the replacement facility by such 
exchange or sale. The United States shall receive funds or 
a replacement facility, or a combination of both, having a 
total value at least equal to the fair market value of the 
conveyed facility. 
‘‘(2) Acquisition of a replacement facility under this 
subsection may be accomplished by construction, expansion, 
rehabilitation, or conversion and must result in a fully 
equipped and operational replacement facility. Nothing in 
this subsection prohibits the Secretary of Defense from con-
tributing additional funds, in accordance with this section, 
to obtain a fully equipped and operational replacement fa-
cility. 
‘‘(3) Funds received under this subsection shall be de-
posited in a separate account and remain available to the
506 
Secretary of Defense, without appropriation, for use in ac-
cordance with this subsection. Any funds received under this 
subsection in connection with a conveyance in excess of the 
funds required to obtain a fully equipped and operational 
replacement facility for the conveyed facility may be used 
by the Secretary for the purposes of subsection (a).’’. 
SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED 
AUTHORITY TO USE OPERATION AND MAIN-
TENANCE 
FUNDS 
FOR 
CONSTRUCTION 
PROJECTS OUTSIDE THE UNITED STATES. 
Section 2808 of the Military Construction Authoriza-
tion Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1723) is amended— 
(1) in subsections (a) and (d), by striking ‘‘fiscal 
year 2004’’ both places it appears and inserting ‘‘fis-
cal years 2004 and 2005’’; and 
(2) in subsection (c)(1), by striking ‘‘in fiscal 
year 2004’’ and inserting ‘‘in a fiscal year’’. 
Subtitle B—Real Property and 
Facilities Administration 
SEC. 2811. INCREASE IN CERTAIN THRESHOLDS FOR RE-
PORTING REAL PROPERTY TRANSACTIONS. 
(a) GENERAL NOTICE AND WAIT THRESHOLD.—Sub-
section (a) of section 2662 of title 10, United States Code,
507 
is amended by striking ‘‘$750,000’’ each place it appears 
and inserting ‘‘$1,500,000’’. 
(b) ANNUAL
REPORT
ON
MINOR
TRANSACTIONS 
THRESHOLD.—Subsection (b) of such section is amended by 
striking ‘‘subsection (a) that involve an estimated value of 
more than $250,000, but not more than $750,000’’ and in-
serting ‘‘such subsection that involve an estimated value of 
more than $500,000, but not more than the amount speci-
fied in such subsection’’. 
(c) NOTICE AND WAIT THRESHOLD FOR CERTAIN GSA 
LEASES.—Subsection (e) of such section is amended by 
striking ‘‘$750,000’’ and inserting ‘‘$1,500,000’’. 
(d) THRESHOLD FOR ACQUISITION OF LOW-COST IN-
TERESTS IN LAND.—Subsection (a) of section 2672 of such 
title is amended to read as follows: 
‘‘(a) ACQUISITION AUTHORITY.—The Secretary of a 
military department may acquire any interest in land 
that— 
‘‘(1) the Secretary determines is needed in the 
interest of national defense; and 
‘‘(2) does not cost more than $1,500,000, exclu-
sive of administrative costs and the amounts of any 
deficiency judgments.’’.
508 
(e) TREATMENT MULTIPLE PARCELS UNDER LOW- 
COST ACQUISITION AUTHORITY.—Subsection (b) of such 
section is amended to read as follows: 
‘‘(b) TREATMENT OF MULTIPLE PARCELS.—This sec-
tion does not authorize the acquisition, as a part of the 
same project, of more than one parcel of land unless— 
‘‘(1) the parcels are noncontiguous; or 
‘‘(2) if contiguous, the total cost for the acquisi-
tion of all of the contiguous parcels does not cost more 
than the amount specified in subsection (a)(2).’’. 
SEC. 2812. REORGANIZATION OF EXISTING ADMINISTRA-
TIVE PROVISIONS RELATING TO REAL PROP-
ERTY TRANSACTIONS. 
(a) LIMITATION ON COMMISSIONS.—(1) Section 2661 
of title 10, United States Code, is amended by adding at 
the end the following new subsection: 
‘‘(c) 
COMMISSIONS
ON
LAND
PURCHASE
CON-
TRACTS.—The maximum amount payable as a commission 
on a contract for the purchase of land from funds appro-
priated for the Department of Defense is two percent of the 
purchase price.’’. 
(2) Section 2666 of such title is repealed. 
(b) REPEAL OF OBSOLETE AUTHORITY TO ACQUIRE 
LAND FOR TIMBER PRODUCTION.—Section 2664 of such 
title is repealed.
509 
(c) AVAILABILITY OF FUNDS FOR ACQUISITION OF 
CERTAIN INTERESTS
IN REAL PROPERTY.—(1) Section 
2672 of such title is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) AVAILABILITY OF FUNDS.—Appropriations avail-
able to the Department of Defense for operation and mainte-
nance or construction may be used for the acquisition of 
land or interests in land under this section.’’. 
(2) Section 2673 of such title is repealed. 
(3) Section 2675 of such title is amended— 
(A) by inserting before ‘‘The Secretary’’ the fol-
lowing ‘‘(a) LEASE AUTHORITY; DURATION.—’’; and 
(B) by adding at the end the following new sub-
section: 
‘‘(b) AVAILABILITY OF FUNDS.—Appropriations avail-
able to the Department of Defense for operation and mainte-
nance or construction may be used for the acquisition of 
interests in land under this section.’’. 
(d) STYLISTIC AND CLERICAL AMENDMENTS.—(1) Sec-
tion 2661 of such title is further amended— 
(A) in subsection (a), by inserting ‘‘AVAIL-
ABILITY OF OPERATION AND MAINTENANCE FUNDS.— 
’’ after ‘‘(a)’’ ; and 
(B) in subsection (b), by inserting ‘‘LEASING 
AND ROAD MAINTENANCE AUTHORITY.—’’ after ‘‘(b)’’.
510 
(2) The table of sections at the beginning of chapter 
159 of such title is amended by striking the items relating 
to sections 2664, 2666, and 2673. 
SEC. 2813. TREATMENT OF MONEY RENTALS FROM GOLF 
COURSE AT ROCK ISLAND ARSENAL, ILLI-
NOIS. 
(a) SUPPORT OF MWR ACTIVITIES.—Section 2667(d) 
of title 10, United States Code, is amended— 
(1) in paragraph (1)(B)— 
(A) by redesignating clause (ii) as clause 
(iii); and 
(B) by inserting after clause (i) the fol-
lowing new clause: 
‘‘(ii) Money rentals deposited in a non-
appropriated morale, welfare, and recreation account 
under paragraph (3).’’; and 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) The Secretary of the Army may deposit up to 50 
percent of the money rentals received by the United States 
from a lease involving the golf course at Rock Island Arse-
nal, Illinois, in the nonappropriated morale, welfare, and 
recreation account for that installation, to be used for qual-
ity-of-life programs at that installation.’’.
511 
(b) EFFECTIVE DATE.—Paragraph (3) of section 
2667(d) of title 10, United States Code, as added by sub-
section (a), shall apply to money rentals referred to in such 
paragraph received by the United States after September 
30, 2004. 
SEC. 2814. NUMBER OF CONTRACTS AUTHORIZED DEPART-
MENT-WIDE UNDER DEMONSTRATION PRO-
GRAM ON REDUCTION IN LONG-TERM FACIL-
ITY MAINTENANCE COSTS. 
Section 2814 of the National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 
2809 note) is amended— 
(1) in subsection (a), by striking ‘‘or the Sec-
retary of a military department’’ and inserting ‘‘and 
the Secretaries of the military departments’’; 
(2) in subsection (b)(1), by striking ‘‘12 con-
tracts per military department’’ and inserting ‘‘36 
contracts’’; and 
(3) in subsection (b)(2), by striking ‘‘the date of 
the enactment of the Bob Stump National Defense Au-
thorization Act for Fiscal Year 2003’’ and inserting 
‘‘December 2, 2002’’.
512 
SEC. 2815. REPEAL OF COMMISSION ON REVIEW OF OVER-
SEAS MILITARY FACILITY STRUCTURE OF THE 
UNITED STATES. 
Section 128 of the Military Construction Appropria-
tions Act, 2004 (Public Law 108–132; 117 Stat. 1382; 10 
U.S.C. 111 note), is repealed. 
SEC. 2816. DESIGNATION OF AIRMEN LEADERSHIP SCHOOL 
AT LUKE AIR FORCE BASE, ARIZONA, IN 
HONOR OF JOHN J. RHODES, A FORMER MI-
NORITY LEADER OF THE HOUSE OF REP-
RESENTATIVES. 
The Airmen Leadership School at Luke Air Force 
Base, Arizona, building 156, shall be known and designated 
as the ‘‘John J. Rhodes Airmen Leadership School’’. Any 
reference to such facility in any law, regulation, map, docu-
ment, record, or other paper of the United States shall be 
considered to be a reference to the John J. Rhodes Airmen 
Leadership School. 
SEC. 2817. ELIMINATION OF REVERSIONARY INTERESTS 
CLOUDING UNITED STATES TITLE TO PROP-
ERTY USED AS NAVY HOMEPORTS. 
(a) AUTHORITY TO ACQUIRE COMPLETE TITLE.—If 
real property owned by the United States and used as a 
Navy homeport is subject to a reversionary interest of any 
kind, the Secretary of the Navy may enter into an agree-
ment with the holder of the reversionary interest to acquire
513 
the reversionary interest and thereby secure for the United 
States all right, title, and interest in and to the property. 
(b) CONSIDERATION.—(1) As consideration for the ac-
quisition of a reversionary interest under subsection (a), the 
Secretary shall provide the holder of the reversionary inter-
est with in-kind consideration, to be determined pursuant 
to negotiations between the Secretary and the holder of the 
reversionary interest. In determining the type and value of 
any in-kind consideration to be provided for the acquisition 
of a reversionary interest under subsection (a), the Sec-
retary shall take into account the nature of the reversionary 
interest, including whether it would require the holder of 
the reversionary interest to pay for any improvements ac-
quired by the holder as part of the reversion of the real 
property, and the long-term use and ultimate disposition 
of the real property if the United States were to acquire 
all right, title, and interest in and to the real property sub-
ject to the reversionary interest. 
(2) Cash payments are not authorized as consideration 
for the acquisition of reversionary interests under sub-
section (a).
514 
SEC. 2818. REPORT ON REAL PROPERTY DISPOSAL AT MA-
RINE CORPS AIR STATION, EL TORO, CALI-
FORNIA. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of the Navy shall submit to Con-
gress a report describing— 
(1) the progress being made with regard to the 
disposal of real property at Marine Corps Air Sta-
tion, El Toro, California, including any challenges 
arising from plans to dispose of property at the in-
stallation by auction; 
(2) the anticipated future uses of the property; 
and 
(3) the requests received from other Federal agen-
cies (including other military departments) for prop-
erty at the installation. 
Subtitle C—Base Closure and 
Realignment 
SEC. 2821. TWO-YEAR POSTPONEMENT OF 2005 BASE CLO-
SURE AND REALIGNMENT ROUND AND SUB-
MISSION OF REPORTS REGARDING FUTURE 
INFRASTRUCTURE REQUIREMENTS FOR THE 
ARMED FORCES. 
(a) TWO-YEAR POSTPONEMENT
IN SUBMITTAL
OF 
BASE CLOSURE AND REALIGNMENT RECOMMENDATIONS.— 
Section 2914 of the Defense Base Closure and Realignment
515 
Act of 1990 (part A of title XXIX of Public Law 101–510; 
10 U.S.C. 2687 note), as added by section 3003 of the Na-
tional Defense Authorization Act for Fiscal Year 2002 (Pub-
lic Law 107–107; 115 Stat. 1345), is amended— 
(1) in the section heading, by striking ‘‘2005’’ 
and inserting ‘‘2007’’; and 
(2) in subsection (a), by striking ‘‘May 16, 
2005,’’ and inserting ‘‘May 16, 2007,’’. 
(b) COMMISSION REVIEW AND RECOMMENDATIONS.— 
Subsection (d) of section 2914 of the Defense Base Closure 
and Realignment Act of 1990 is amended— 
(1) in paragraphs (1) and (2), by striking ‘‘Sep-
tember 8, 2005’’ both places it appears and inserting 
‘‘September 8, 2007’’; and 
(2) in paragraph (6)— 
(A) by striking ‘‘in 2005’’ and inserting 
‘‘under this section’’; and 
(B) by striking ‘‘July 1, 2005’’ and insert-
ing ‘‘July 1, 2007’’. 
(c) REVIEW
BY PRESIDENT
AND TRANSMITTAL
TO 
CONGRESS.—Subsection (e) of section 2914 of the Defense 
Base Closure and Realignment Act of 1990 is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘in 2005’’ and inserting 
‘‘under this section’’; and
516 
(B) by striking ‘‘September 23, 2005’’ and 
inserting ‘‘September 23, 2007’’; 
(2) in paragraph (2), by striking ‘‘October 20, 
2005’’ and inserting ‘‘October 20, 2007’’; and 
(3) in paragraph (3)— 
(A) by striking ‘‘November 7, 2005’’ and in-
serting ‘‘November 7, 2007’’; and 
(B) by striking ‘‘in 2005’’ and inserting ‘‘in 
2007’’. 
(d) NEW FORCE STRUCTURE PLAN AND INFRASTRUC-
TURE INVENTORY; RECERTIFICATION OF NEED FOR ADDI-
TIONAL ROUND.—Section 2912 of the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Pub-
lic Law 101–510; 10 U.S.C. 2687 note), as added by section 
3001 of the National Defense Authorization Act for Fiscal 
Year 2002 (Public Law 107–107; 115 Stat. 1342), is 
amended— 
(1) in the section heading, by striking ‘‘2005’’ 
and inserting ‘‘2007’’; 
(2) by striking ‘‘fiscal year 2005’’ each place it 
appears and inserting ‘‘fiscal year 2007’’; 
(3) in subsection (b)(1), by inserting ‘‘for fiscal 
year 2007’’ after ‘‘subsection (a)’’;
517 
(4) in subsections (b)(2) and (d), by striking ‘‘in 
2005’’ each place it appears and inserting ‘‘under sec-
tion 2914’’; 
(5) in subsection (d), by striking ‘‘March 15, 
2005’’ both places it appears and inserting ‘‘March 
15, 2007’’; 
(6) in subsection (d)(4), by striking ‘‘calendar 
year 2005 and shall terminate on April 15, 2006’’ 
and inserting ‘‘calendar year 2007 and shall termi-
nate on April 15, 2008’’; and 
(7) in subsection (d)(5), by striking ‘‘second ses-
sion of the 108th Congress for the activities of the 
Commission in 2005’’ and inserting ‘‘second session 
of the 109th Congress for the activities of the Commis-
sion under section 2914’’. 
(e) INFRASTRUCTURE-RELATED REPORTING REQUIRE-
MENTS; TERMINATION OF BASE CLOSURE ROUND.—Section 
2912 of the Defense Base Closure and Realignment Act of 
1990 is further amended by adding at the end the following 
new subsection: 
‘‘(e) INFRASTRUCTURE-RELATED REPORTS.— 
‘‘(1) REQUIRED REPORTS.—The Secretary shall 
prepare the following reports related to infrastructure 
requirements for the Armed Forces:
518 
‘‘(A) A report containing the Integrated 
Global Presence and Basing Strategy of the De-
partment of Defense, including the location of 
long-term overseas installations, installations to 
be used for rotational purposes, and forward op-
erating locations, anticipated rotational plans 
and policies, and domestic and overseas infra-
structure requirements associated with the strat-
egy. 
‘‘(B) A report describing the anticipated in-
frastructure requirements associated with the 
probable end-strength levels and major military 
force units (including land force divisions, car-
rier and other major combatant vessels, air 
wings, and other comparable units) for each of 
the Armed Forces resulting from force trans-
formation. 
‘‘(C) A report describing the anticipated in-
frastructure requirements related to expected 
changes in the active component versus reserve 
component personnel mix of the Armed Forces. 
‘‘(D) A report describing the anticipated in-
frastructure requirements associated with the so- 
called ‘10–30–30 objective’ of the Secretary to en-
sure that military forces are capable of deploy-
519 
ment overseas within 10 days in sufficient 
strength to defeat an enemy within 30 days and 
be ready for redeployment within 30 days after 
the end of combat operations. 
‘‘(E) A report containing the results of a 
complete reassessment of the infrastructure nec-
essary to support the force structure described in 
the force-structure plan prepared under para-
graph (1) of subsection (a) and describing any 
resulting excess infrastructure and infrastructure 
capacity, which were previously required by 
paragraph (2) of such subsection. The reassess-
ment shall be based on actual infrastructure, fa-
cility, and space requirements for the Armed 
Forces rather than a comparative study between 
1989 and 2003. 
‘‘(F) A report describing the anticipated in-
frastructure requirements associated with the as-
sessment prepared by the Secretary pursuant to 
section 2822 of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108– 
136; 117 Stat. 1726), in which Congress required 
the Secretary to assess the probable threats to na-
tional security and determine the potential, pru-
520 
dent, surge requirements for the Armed Forces 
and military installations to meet those threats. 
‘‘(2) TIME FOR SUBMISSION OF REPORTS.—The 
reports required by paragraph (1) shall be submitted 
to the congressional defense committees only during 
the period beginning on January 1, 2006, and ending 
on March 15, 2006. 
‘‘(3) TERMINATION OF ROUND FOR FAILURE TO 
SUBMIT REPORTS AS REQUIRED.—If the reports re-
quired by paragraph (1) are not submitted during the 
period specified in paragraph (2), the process for the 
making of recommendations to the Congress for the 
closure or realignment of military installations and 
the selection of installations for closure or realignment 
under this part in 2007 shall be terminated.’’. 
(f) 
CONFORMING
AMENDMENTS.—(1) 
Section 
2904(a)(3) of the Defense Base Closure and Realignment 
Act of 1990 is amended by striking ‘‘in the 2005 report’’ 
and inserting ‘‘in a report submitted after 2001’’. 
(2) Section 2906(e) of such Act is amended by striking 
‘‘2005’’ and inserting ‘‘2007’’. 
(3) Section 2906A of such Act is amended— 
(A) in the section heading, by striking ‘‘2005’’ 
and inserting ‘‘2007’’; and
521 
(B) by striking ‘‘2005’’ each place it appears 
and inserting ‘‘2007’’. 
(4) Section 2909(a) of such Act is amended by striking 
‘‘2006’’ and inserting ‘‘2008’’. 
SEC. 2822. ESTABLISHMENT OF SPECIFIC DEADLINE FOR 
SUBMISSION 
OF 
REVISIONS 
TO 
FORCE- 
STRUCTURE PLAN AND INFRASTRUCTURE IN-
VENTORY FOR NEXT BASE CLOSURE ROUND. 
Section 2912(a)(4) of the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) is amended by striking ‘‘as 
part of the budget justification document submitted to Con-
gress for fiscal year 2006.’’ and inserting ‘‘not later than 
March 15 of the year in which the Secretary will submit, 
consistent with subsection (e) of this section, the list of the 
military installations inside the United States that the Sec-
retary recommends for closure or realignment. No revision 
of the force-structure plan or infrastructure inventory is au-
thorized after that March 15 date.’’. 
SEC. 2823. SPECIFICATION OF FINAL SELECTION CRITERIA 
FOR NEXT BASE CLOSURE ROUND. 
(a) FINDINGS.—Congress finds the following: 
(1) Title XXX of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 
115 Stat. 1342) amended the Defense Base Closure
522 
and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101–510; 10 U.S.C. 2687 note) to au-
thorize the Secretary of Defense to conduct an addi-
tional round of base realignments and closures. 
(2) In section 2822 of the National Defense Au-
thorization Act for Fiscal Year 2004 (Public Law 
108–136; 117 Stat. 1726), approved November 24, 
2003, Congress required the Secretary of Defense to 
assess the probable threats to national security and 
determine the potential, prudent, surge requirements 
for the Armed Forces and military installations to 
meet those threats. Such section specifically requires 
the Secretary of Defense to use the determination of 
surge requirements in exercising the authority of the 
Secretary to conduct the next round of base realign-
ments and closures. 
(3) Section 2913 of the Defense Base Closure and 
Realignment Act of 1990, as added by title XXX of 
the National Defense Authorization Act for Fiscal 
Year 2002, specified the process by which the Sec-
retary of Defense was to prepare the criteria to be 
used by the Secretary in making recommendations for 
the next round of base realignments and closures and 
listed certain requirements the Secretary had to com-
ply with as part of the process, including the advance
523 
publication of the proposed criteria and the solicita-
tion and consideration of public comments. 
(4) In subsection (e) of such section, Congress re-
quired the Secretary of Defense to publish in the Fed-
eral Register and transmit to Congress not later than 
February 16, 2004, the final criteria intended to be 
used by the Secretary in making recommendations for 
the next round of base realignments and closures. 
Pursuant to such subsection, the Secretary of Defense 
published the final selection criteria in the Federal 
Register on February 12, 2004 (69 Fed. Reg. 6948). 
(5) In addition to specifically reserving its right 
to disapprove the final selection criteria, Congress 
may modify or otherwise amend the criteria by Act 
of Congress. 
(b) CONGRESSIONAL SPECIFICATION OF FINAL BRAC 
SELECTION CRITERIA.—Section 2913 of the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101–510; 10 U.S.C. 2687 note), as added 
by section 3002 of the National Defense Authorization Act 
for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 
1344), is amended to read as follows:
524 
‘‘SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL 
ROUND OF BASE CLOSURES AND REALIGN-
MENTS. 
‘‘(a) FINAL SELECTION CRITERIA.—The final criteria 
to be used by the Secretary in making recommendations for 
the closure or realignment of military installations inside 
the United States under this part in any additional round 
of base closures and realignments are as follows: 
‘‘(1) The current and future mission require-
ments and the impact on operational readiness of the 
total force of the Department of Defense, including the 
impact on joint warfighting, training, readiness, and 
research, development, test, and evaluation of weapons 
systems and equipment. 
‘‘(2) The availability and condition of land, fa-
cilities, infrastructure, and associated air and water 
space (including preservation of training areas suit-
able for maneuver by ground, naval, or air forces 
throughout a diversity of climate and terrain areas, 
the preservation of testing ranges able to accommo-
date current or future military weapons systems and 
equipment, and the preservation of staging areas for 
the use of the Armed Forces in homeland defense mis-
sions) at both existing and potential receiving loca-
tions.
525 
‘‘(3) The ability to accommodate contingency, 
mobilization, and future total force requirements at 
both existing and potential receiving locations to sup-
port operations, training, maintenance, and repair. 
‘‘(4) Preservation of land, air, and water space, 
facilities, and infrastructure necessary to support 
training and operations of military forces determined 
to be surge requirements by the Secretary of Defense, 
as required by section 2822 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 
108–136; 117 Stat. 1726). 
‘‘(5) The extent and timing of potential costs and 
savings of base realignment and closure actions on the 
entire Federal budget, as well as the Department of 
Defense, including the number of years, beginning 
with the date of completion of the closure or realign-
ment, for the savings to exceed the costs. Costs shall 
include those costs related to potential environmental 
restoration, waste management, and environmental 
compliance activities. 
‘‘(6) The economic impact on existing commu-
nities in the vicinity of military installations. 
‘‘(7) The ability of the infrastructure of both the 
existing and potential receiving communities to sup-
port forces, missions, and personnel, including qual-
526 
ity of living standards for members of the Armed 
Forces and their dependents. 
‘‘(8) The environmental impact on receiving lo-
cations. 
‘‘(b) PRIORITY GIVEN TO MILITARY VALUE.—In rec-
ommending military installations for closure or realign-
ment, the Secretary shall give priority consideration to the 
first four criteria specified in subsection (a). 
‘‘(c) RELATION TO OTHER MATERIALS.—The final se-
lection criteria specified in subsection (a) shall be the only 
criteria to be used, along with the force-structure plan and 
infrastructure inventory referred to in section 2912, in 
making recommendations for the closure or realignment of 
military installations inside the United States under this 
part after December 31, 2003. 
‘‘(d) 
RELATION
TO
CRITERIA
FOR
EARLIER 
ROUNDS.—Section 2903(b), and the selection criteria pre-
pared under such section, shall not apply with respect to 
the process of making recommendations for the closure or 
realignment of military installations after December 31, 
2003.’’. 
(c) CONFORMING AMENDMENTS.—The Defense Base 
Closure and Realignment Act of 1990 is amended—
528 
‘‘(5) REQUIREMENTS TO EXPAND CLOSURE OR 
REALIGNMENT RECOMMENDATIONS.—In the report re-
quired under section 2903(d)(2)(A) that is to be 
transmitted under paragraph (1), the Commission 
may not make a change in the recommendations of 
the Secretary that would close a military installation 
not recommended for closure by the Secretary, would 
realign a military installation not recommended for 
closure or realignment by the Secretary, or would ex-
pand the extent of the realignment of a military in-
stallation recommended for realignment by the Sec-
retary unless— 
‘‘(A) at least two members of the Commis-
sion visit the military installation before the 
date of the transmittal of the report; and 
‘‘(B) the decision of the Commission to 
make the change to recommend the closure of the 
military installation, the realignment of the in-
stallation, or the expanded realignment of the in-
stallation is unanimous.’’.
529 
SEC. 2825. ADHERENCE TO CERTAIN AUTHORITIES ON 
PRESERVATION OF MILITARY DEPOT CAPA-
BILITIES DURING ANY SUBSEQUENT ROUND 
OF BASE CLOSURES AND REALIGNMENTS. 
The Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101–510; 10 
U.S.C. 2687 note) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 2915. ADHERENCE TO CERTAIN AUTHORITIES ON 
PRESERVATION OF MILITARY DEPOT CAPA-
BILITIES DURING ANY SUBSEQUENT ROUND 
OF BASE CLOSURES AND REALIGNMENTS. 
‘‘(a) ADHERENCE REQUIRED.—(1) Any base closure 
and realignment actions under section 2914 or subsequent 
round of base closure and realignment, and any actions to 
carry out the closure or realignment of military installa-
tions as a result of such actions, shall reflect a strict adher-
ence to the provisions of title 10, United States Code, for 
the maintenance of government-owned, government-oper-
ated depot-level maintenance, repair, and logistics capabili-
ties within the Department of Defense, including the provi-
sions of chapter 146 of such title and other applicable provi-
sions. 
‘‘(2) No action to carry out the closure or realignment 
of military installations in any base closures and realign-
ments under this part after the date of the enactment of
530 
this section may include a waiver authorized by paragraph 
(2) or (3) of section 2464(b) or section 2466(b) of title 10, 
United States Code. 
‘‘(b) BASE CLOSURE AND REALIGNMENT ACTIONS DE-
FINED.—In this section, the term ‘base closure and realign-
ment actions’ means the following: 
‘‘(1) The preparation by the Secretary of Defense 
of recommendations on installations for closure or re-
alignment under this part or any subsequent base clo-
sure law. 
‘‘(2) The review by the Commission of the rec-
ommendations referred to in paragraph (1). 
‘‘(3) The review by the President of the rec-
ommendations referred to in paragraphs (1) and 
(2).’’. 
Subtitle D—Land Conveyances 
PART I—ARMY CONVEYANCES 
SEC. 2831. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
DEFENSE SUPPLY CENTER, COLUMBUS, OHIO. 
(a) TRANSFER REQUIRED.—As soon as practicable 
after the date of the enactment of this Act, the Secretary 
of the Army shall transfer, without reimbursement, to the 
administrative jurisdiction of the Secretary of Veterans Af-
fairs a parcel of real property consisting of approximately 
20 acres and comprising a portion of the Defense Supply
531 
Center in Columbus, Ohio, for the purpose of permitting 
the Secretary of Veterans Affairs to use the property as the 
site for an outpatient clinic. 
(b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary of the Army shall require the Secretary of Vet-
erans Affairs to cover costs to be incurred by the Secretary 
of the Army, or to reimburse the Secretary of the Army for 
costs incurred by the Secretary of the Army, to carry out 
the conveyance under subsection (a), including survey costs, 
costs related to environmental documentation, and other ad-
ministrative costs related to the conveyance. If amounts are 
collected from the Secretary of Veterans Affairs in advance 
of the Secretary of the Army incurring the actual costs, and 
the amount collected exceeds the costs actually incurred by 
the Secretary of the Army to carry out the conveyance, the 
Secretary of the Army shall refund the excess amount to 
the Secretary of Veterans Affairs. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that was 
used to cover the costs incurred by the Secretary of the 
Army in carrying out the conveyance. Amounts so credited 
shall be merged with amounts in such fund or account, and 
shall be available for the same purposes, and subject to the 
same conditions and limitations, as amounts in such fund 
or account.
532 
(c) DESCRIPTION
OF REAL PROPERTY.—The exact 
acreage and legal description of the real property to be 
transferred under subsection (a) shall be determined by a 
survey satisfactory to the Secretary of the Army. 
SEC. 2832. LAND CONVEYANCE, FORT HOOD, TEXAS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Army may convey to the Texas A&M University System 
of the State of Texas (in this section referred to as the ‘‘Uni-
versity System’’), all right, title, and interest of the United 
States in and to a parcel of real property, including im-
provements thereon, consisting of approximately 662 acres 
at Fort Hood, Texas, for the sole purpose of permitting the 
University System to establish on the property an upper 
level (junior, senior and graduate) university that will be 
State-supported, separate from other universities of the 
University System, and designated as Texas A&M Univer-
sity, Central Texas. 
(b) CONSIDERATION.—(1) As consideration for the con-
veyance under subsection (a), the University System shall 
pay to the United States an amount equal to the fair mar-
ket value of the conveyed property, as determined pursuant 
to an appraisal acceptable to the Secretary. 
(2) In lieu of all or a portion of the cash consideration 
required by paragraph (1), the Secretary may accept in-
533 
kind consideration, including the conveyance by the Univer-
sity System of real property acceptable to the Secretary. 
(c) CONDITION
OF CONVEYANCE.—The conveyance 
under subsection (a) shall be subject to the condition that 
the Secretary determine that the conveyance of the property 
and the establishment of a university on the property will 
not adversely impact the operation of Robert Grey Army 
Airfield, which is located on Fort Hood approximately one 
mile from the property authorized for conveyance. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. The cost of the survey shall be borne 
by the University System. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2833. LAND CONVEYANCE, ARMY NATIONAL GUARD FA-
CILITY, SEATTLE, WASHINGTON. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Army may convey, without consideration, to the State of 
Washington (in this section referred to as the ‘‘State’’) all 
right, title, and interest of the United States in and to a
534 
parcel of real property, including any improvements there-
on, consisting of approximately 9.747 acres in Seattle, 
Washington, and comprising a portion of the National 
Guard Facility, Pier 91, for the purpose of permitting the 
State to convey the facility unencumbered for economic de-
velopment purposes. 
(b) ADMINISTRATIVE EXPENSES.—(1) The State shall 
reimburse the Secretary for the administrative expenses in-
curred by the Secretary in carrying out the conveyance 
under subsection (a), including expenses related to surveys 
and legal descriptions, boundary monumentation, environ-
mental surveys, necessary documentation, travel, and deed 
preparation. 
(2) Section 2695(c) of title 10, United States Code, 
shall apply to any amounts received by the Secretary as 
reimbursement under this subsection. 
(c) EXEMPTION FROM FEDERAL SCREENING.—The 
conveyance authorized by subsection (a) is exempt from the 
requirement to screen the property for other Federal use 
pursuant to sections 2693 and 2696 of title 10, United 
States Code. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory 
to the Secretary. The cost of the survey shall be borne by
535 
the United States, subject to the requirement for reimburse-
ment under subsection (b). 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the interests 
of the United States. 
PART II—NAVY CONVEYANCES 
SEC. 2841. TRANSFER OF JURISDICTION, NEBRASKA AVE-
NUE NAVAL COMPLEX, DISTRICT OF COLUM-
BIA. 
(a) TRANSFER REQUIRED.—Except as provided in 
subsection (b), the Secretary of the Navy shall transfer to 
the administrative jurisdiction of the Administrator of Gen-
eral Services the parcel of Department of the Navy real 
property in the District of Columbia known as the Nebraska 
Avenue Complex for the purpose of permitting the Adminis-
trator to use the Complex to accommodate the Department 
of Homeland Security. The Complex shall be transferred in 
its existing condition. 
(b) AUTHORITY TO RETAIN MILITARY FAMILY HOUS-
ING.—At the option of the Secretary of the Navy, the Sec-
retary may retain administrative jurisdiction over that 
portion of the Complex that, as of the date of the enactment 
of this Act, is being used to provide Navy family housing.
536 
(c) TIME FOR TRANSFER.—Not later than January 1, 
2005, the Secretary of the Navy shall complete the transfer 
of administrative jurisdiction over the portion of the Com-
plex required to be transferred under subsection (a). 
(d) RELOCATION OF NAVY ACTIVITIES.—As part of the 
transfer of the Complex under subsection (a), the Secretary 
of the Navy shall relocate Department of the Navy activities 
at the Complex to other locations. 
(e) PAYMENT OF INITIAL RELOCATION COSTS.—Sub-
ject to the availability of appropriations for this purpose, 
the Secretary of the Department of Homeland Security shall 
be responsible for the payment of— 
(1) all reasonable costs, including costs to move 
furnishings and equipment, related to the initial relo-
cation of Department of the Navy activities from the 
Complex under subsection (d); and 
(2) all reasonable costs incident to the initial oc-
cupancy by such activities of interim leased space, in-
cluding rental costs for the first year. 
(f) PAYMENT OF LONG-TERM RELOCATION COSTS.— 
(1) SENSE
OF
CONGRESS
REGARDING
PAY-
MENT.—It is the sense of the Congress that the Sec-
retary of the Navy should receive, from Federal agen-
cies other than the Department of Defense, funds au-
thorized and appropriated for the purpose of covering
537 
all reasonable costs, not paid under subsection (e), 
that are incurred or will be incurred by the Secretary 
to permanently relocate Department of the Navy ac-
tivities from the Complex under subsection (d). 
(2) SUBMISSION OF COST ESTIMATES.—As soon 
as practicable after the date of the enactment of this 
Act , the Secretary of the Navy shall submit to the 
Director of the Office of Management and Budget and 
the Congress an initial estimate of the amounts that 
will be necessary to cover the costs to permanently re-
locate Department of the Navy activities from the 
portion of the Complex to be transferred under sub-
section (a). The Secretary shall include in the esti-
mate anticipated land acquisition and construction 
costs. The Secretary shall revise the estimate as nec-
essary whenever information regarding the actual 
costs for the relocation is obtained. 
(g) TREATMENT OF FUNDS.—(1) Funds received by the 
Secretary of the Navy, from sources outside the Department 
of Defense, to relocate Department of the Navy activities 
from the Complex shall be used to pay the costs incurred 
by the Secretary to permanently relocate Department of the 
Navy activities from the Complex. A military construction 
project carried out using such funds is deemed to be an au-
thorized military construction project for purposes of sec-
538 
tion 2802 of title 10, United States Code. Section 2822 of 
such title shall continue to apply to any military family 
housing unit proposed to be constructed or acquired using 
such funds. 
(2) When a decision is made to carry out a military 
construction project using such funds, the Secretary of the 
Navy shall notify Congress in writing of that decision, in-
cluding the justification for the project and the current esti-
mate of the cost of the project. The project may then be car-
ried out only after the end of the 21-day period beginning 
on the date the notification is received by Congress or, if 
earlier, the end of the 14-day period beginning on the date 
on which a copy of the notification is provided in an elec-
tronic medium pursuant to section 480 of title 10, United 
States Code. 
(h) EFFECT OF FAILURE TO RECEIVE SUFFICIENT 
FUNDS FOR RELOCATION COSTS.— 
(1) CONGRESSIONAL NOTIFICATION.—At the end 
of the three-year period beginning on the date of the 
transfer of the Complex under subsection (a), the Sec-
retary of the Navy shall submit to Congress a re-
port— 
(A) specifying the total amount needed to 
cover both the initial and permanent costs of re-
locating Department of the Navy activities from
539 
the portion of the Complex transferred under 
subsection (a); 
(B) specifying the total amount of the ini-
tial relocation costs paid by the Secretary of the 
Department of Homeland Security under sub-
section (e); and 
(C) specifying the total amount of appro-
priated funds received by the Secretary of the 
Navy, from sources outside the Department of 
Defense, to cover the permanent relocation costs. 
(2) ROLE OF OMB.—The Secretary of the Navy 
shall obtain the assistance and concurrence of the Di-
rector of the Office of Management and Budget in de-
termining the total amount needed to cover both the 
initial and permanent costs of relocating Department 
of the Navy activities from the portion of the Complex 
transferred under subsection (a), as required by para-
graph (1)(A). 
(3) CERTIFICATION
REGARDING
RELOCATION 
COSTS.—Not later than 30 days after the date on 
which the report under paragraph (1) is required to 
be submitted to Congress, the President shall certify 
to Congress whether the amounts specified in the re-
port pursuant to subparagraphs (B) and (C) of such 
paragraph are sufficient to cover both the initial and
540 
permanent costs of relocating Department of the Navy 
activities from the portion of the Complex transferred 
under subsection (a). The President shall make this 
certification only after consultation with the Chair-
man and ranking minority member of the Committee 
on Armed Services and the Committee on Appropria-
tions of the House of Representatives and the Chair-
man and ranking minority member of the Committee 
on Armed Services and the Committee on Appropria-
tions of the Senate. 
(4) RESTORATION OF COMPLEX TO NAVY.—If the 
President certifies under paragraph (3) that amounts 
referred to in subparagraphs (B) and (C) of para-
graph (1) are insufficient to cover Navy relocation 
costs, the Administrator of General Services, at the re-
quest of the Secretary of the Navy, shall restore the 
Complex to the administrative jurisdiction of the Sec-
retary of the Navy. 
(5) NAVY SALE OF COMPLEX.—If administrative 
jurisdiction over the Complex is restored to the Sec-
retary of the Navy, the Secretary shall convey the 
Complex by competitive sale. Amounts received by the 
United States as consideration from any sale under 
this paragraph shall be deposited in the special ac-
541 
count in the Treasury established pursuant to section 
572(b) of title 40, United States Code. 
SEC. 2842. LAND CONVEYANCE, NAVY PROPERTY, FORMER 
FORT SHERIDAN, ILLINOIS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Navy may convey, without consideration, to the State of 
Illinois, a political subdivision of the State, or a nonprofit 
land conservation organization (in this section collectively 
referred to as the ‘‘grantee’’), all right, title, and interest 
of the United States in and to certain environmentally sen-
sitive land at the former Fort Sheridan, Illinois, consisting 
of mostly bluffs and ravines, for the purpose of ensuring 
the permanent protection of the lands. 
(b) REVERSIONARY INTEREST.—If the Secretary deter-
mines at any time that the real property conveyed under 
subsection (a) is not being used or maintained in accord-
ance with the purpose of the conveyance specified in such 
subsection, all right, title, and interest in and to all or any 
portion of the property shall revert, at the option of the 
Secretary, to the United States, and the United States shall 
have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall 
be made on the record after an opportunity for a hearing. 
(c) RECONVEYANCE
AUTHORIZED.—The Secretary 
may permit the grantee to convey the real property con-
542 
veyed under subsection (a) to another eligible entity de-
scribed in such subsection, subject to the same covenants and 
terms and conditions as provided in the deed from the 
United States. 
(d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary shall require the grantee to cover costs to be in-
curred by the Secretary, or to reimburse the Secretary for 
costs incurred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs related 
to environmental documentation, and other administrative 
costs related to the conveyance. If amounts are collected 
from the grantee in advance of the Secretary incurring the 
actual costs, and the amount collected exceeds the costs actu-
ally incurred by the Secretary to carry out the conveyance, 
the Secretary shall refund the excess amount to the grantee. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that was 
used to cover the costs incurred by the Secretary in carrying 
out the conveyance. Amounts so credited shall be merged 
with amounts in such fund or account, and shall be avail-
able for the same purposes, and subject to the same condi-
tions and limitations, as amounts in such fund or account. 
(e) EXEMPTION FROM FEDERAL SCREENING.—The 
conveyance authorized by subsection (a) is exempt from the 
requirement to screen the property for other Federal use
543 
pursuant to sections 2693 and 2696 of title 10, United 
States Code. 
(f) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the interests 
of the United States. 
(h) USE OF ALTERNATE CONVEYANCE AUTHORITY.— 
In lieu of using the authority provided by this section to 
convey the real property described in subsection (a), the 
Secretary may elect to include the property in a conveyance 
authorized by section 2878 of title 10, United States Code, 
subject to such terms, reservations, restrictions, and condi-
tions as may be necessary to ensure the permanent protec-
tion of the property, if the Secretary determines that a con-
veyance under such section is advantageous to the interests 
of the United States. 
SEC. 2843. LAND EXCHANGE, NAVAL AIR STATION, PATUX-
ENT RIVER, MARYLAND. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Navy may convey to the State of Maryland (in this section
544 
referred to as ‘‘State’’), all right, title, and interest of the 
United States in and to a parcel of real property, including 
improvements thereon, consisting of approximately five 
acres at Naval Air Station, Patuxent River, Maryland, and 
containing the Point Lookout Lighthouse, other structures 
related to the lighthouse, and an archaeological site per-
taining to the military hospital that was located on the 
property during the Civil War. The conveyance shall in-
clude artifacts pertaining to the military hospital recovered 
by the Navy and held at the installation. 
(b) PROPERTY RECEIVED IN EXCHANGE.—As consid-
eration for the conveyance of the real property under sub-
section (a), the State shall convey to the United States a 
parcel of real property consisting of approximately five 
acres located in Point Lookout State Park, St. Mary’s 
County, Maryland. 
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The 
Secretary may require the State to cover costs to be incurred 
by the Secretary, or to reimburse the Secretary for costs 
incurred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs related 
to environmental documentation, relocation expenses in-
curred under subsection (b), and other administrative costs 
related to the conveyance. If amounts are collected from the 
State in advance of the Secretary incurring the actual costs,
545 
and the amount collected exceeds the costs actually incurred 
by the Secretary to carry out the conveyance, the Secretary 
shall refund the excess amount to State. 
(2) Amounts received as reimbursement under para-
graph (1) shall be credited to the fund or account that was 
used to cover the costs incurred by the Secretary in carrying 
out the conveyance. Amounts so credited shall be merged 
with amounts in such fund or account, and shall be avail-
able for the same purposes, and subject to the same condi-
tions and limitations, as amounts in such fund or account. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the properties to be conveyed under 
this section shall be determined by surveys satisfactory to 
the Secretary. 
(e) EXEMPTION FROM FEDERAL SCREENING.—The 
conveyance authorized by subsection (a) is exempt from the 
requirement to screen the property for other Federal use 
pursuant to sections 2693 and 2696 of title 10, United 
States Code. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyances under this section as 
the Secretary considers appropriate to protect the interests 
of the United States.
546 
PART III—AIR FORCE CONVEYANCES 
SEC. 2851. LAND EXCHANGE, MAXWELL AIR FORCE BASE, 
ALABAMA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the 
Air Force may convey to the City of Montgomery, Alabama 
(in this section referred to as the ‘‘City’’), all right, title, 
and interest of the United States in and to a parcel of real 
property, including improvements thereon, consisting of all 
of the Maxwell Heights Housing site at Maxwell Air Force 
Base, Alabama. 
(b) CONSIDERATION.—(1) As consideration for the con-
veyance of the real property under subsection (a), the City 
shall convey to the United States a parcel of real property, 
including improvements thereon, consisting of approxi-
mately 35 acres designated as project AL 6–4 that is owned 
by the City and is contiguous to Maxwell Air Force Base. 
The Secretary shall have jurisdiction over the real property 
received under this paragraph. 
(2) If the fair market value of the real property re-
ceived under paragraph (1) is less than the fair market 
value of the real property conveyed under subsection (a), 
the Secretary may require the City to make up the dif-
ference through the payment of cash, the provision of in- 
kind consideration, or a combination thereof, to be deter-
mined pursuant to negotiations between the Secretary and 
the City.
547 
(3) The fair market values of the real property to be 
exchanged under this section shall be determined by ap-
praisals acceptable to the Secretary and the City. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the property to be conveyed under 
this section shall be determined by surveys satisfactory to 
the Secretary. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyances under this section as 
the Secretary considers appropriate to protect the interests 
of the United States. 
DIVISION 
C—DEPARTMENT 
OF 
ENERGY NATIONAL SECURITY 
AUTHORIZATIONS 
AND 
OTHER AUTHORIZATIONS 
TITLE 
XXXI—DEPARTMENT 
OF 
ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security 
Programs Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated to the Department of
548 
Energy for fiscal year 2005 for the activities of the National 
Nuclear Security Administration in carrying out programs 
necessary for national security in the amount of 
$9,047,700,000, to be allocated as follows: 
(1) For weapons activities, $6,577,953,000. 
(2) For defense nuclear nonproliferation activi-
ties, $1,338,147,000. 
(3) For naval reactors, $797,900,000. 
(4) For the Office of the Administrator for Nu-
clear Security, $333,700,000. 
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.— 
From funds referred to in subsection (a) that are available 
for carrying out plant projects, the Secretary of Energy 
may carry out, for weapons activities, the following new 
plant projects: 
Project 05–D–140, project engineering and de-
sign, various locations, $11,600,000. 
Project 05–D–160, facilities and infrastructure 
recapitalization program, project engineering and de-
sign, various locations, $8,700,000. 
Project 05–D–170, project engineering and de-
sign, safeguards and security, various locations, 
$17,000,000. 
Project 05–D–401, production bays upgrade, 
Pantex Plant, Amarillo, Texas, $25,100,000.
549 
Project 05–D–402, beryllium capability project, 
Y–12 national security complex, Oak Ridge, Ten-
nessee, $3,627,000. 
Project 05–D–601, compressed air upgrades 
project, Y–12 national security complex, Oak Ridge, 
Tennessee, $4,400,000. 
Project 05–D–602, power grid infrastructure up-
grade, Los Alamos National Laboratory, Los Alamos, 
New Mexico, $10,000,000. 
Project 
05–D–603, 
new 
master 
substation, 
Sandia National Laboratories, Albuquerque, New 
Mexico, $600,000. 
Project 05–D–701, security perimeter, Los Ala-
mos National Laboratory, Los Alamos, New Mexico, 
$20,000,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT. 
Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2005 for environ-
mental management activities in carrying out programs 
necessary for national security in the amount of 
$6,863,307,000, to be allocated as follows: 
(1) For defense site acceleration completion, 
$5,876,837,000. 
(2) 
For 
defense 
environmental 
services, 
$986,470,000.
550 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2005 for other defense 
activities in carrying out programs necessary for national 
security in the amount of $658,618,000. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2005 for defense nu-
clear waste disposal for payment to the Nuclear Waste Fund 
established in section 302(c) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$131,000,000. 
Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions 
SEC. 3111. EXTENSION OF AUTHORITY FOR APPOINTMENT 
OF CERTAIN SCIENTIFIC, ENGINEERING, AND 
TECHNICAL PERSONNEL. 
Section 4601 of the Atomic Energy Defense Act (50 
U.S.C. 2701) is amended by striking ‘‘September 30, 2004’’ 
and inserting ‘‘September 30, 2006’’.
551 
SEC. 3112. REQUIREMENTS FOR BASELINE OF PROJECTS 
UNDER FACILITIES AND INFRASTRUCTURE 
RECAPITALIZATION PROGRAM. 
Subsection (a) of section 3114 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108- 
136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amended— 
(1) in paragraph (1) by inserting ‘‘of a baseline’’ 
after ‘‘selection’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2)(A) After December 31, 2004, a project may 
be added to or removed from the Facilities and Infra-
structure Recapitalization Program only after the Ad-
ministrator submits to the congressional defense com-
mittees a notice that the Administrator has identified 
such project for addition or removal and has ap-
proved such addition or removal as a modification to 
the baseline for that program. 
‘‘(B) The Administrator may not obligate funds 
for any project added under subparagraph (A) until 
a period of 60 days has elapsed after the date on 
which such committees receive the notice under sub-
paragraph (A) with respect to that project. 
‘‘(C) The authority of the Administrator to iden-
tify and approve under subparagraph (A) may not be 
delegated.’’.
552 
Subtitle C—Other Matters 
SEC. 3131. TRANSFERS AND REPROGRAMMINGS OF NA-
TIONAL NUCLEAR SECURITY ADMINISTRA-
TION FUNDS. 
Section 3252 of the National Nuclear Security Admin-
istration Act (50 U.S.C. 2452) is amended by adding at 
the end the following new subsection: 
‘‘(d) TRANSFER AND REPROGRAMMING PROCESS.—(1) 
The Administrator shall have sole jurisdiction within the 
Department of Energy to submit to Congress or the appro-
priate congressional committees a notice of, or request for, 
a transfer or reprogramming of funds of the Administra-
tion. 
‘‘(2) The functions of the Chief Financial Officer of 
the Department of Energy shall not apply to a notice or 
request described in paragraph (1), except to certify whether 
the funds covered by such notice or request are available.’’. 
SEC. 3132. NATIONAL ACADEMY OF SCIENCES STUDY ON 
MANAGEMENT BY DEPARTMENT OF ENERGY 
OF HIGH-LEVEL RADIOACTIVE WASTE. 
(a) REVIEW REQUIRED.—The Secretary of Energy 
shall enter into an arrangement with the National Research 
Council of the National Academy of Sciences to carry out 
a study of the plans of the Department of Energy to manage