612 
the sum of the present values of investment costs, cap-
ital costs, installation costs, energy costs, operating 
costs, maintenance costs, and replacement costs, as es-
timated for the lifetime of the project, product, or 
measure, does not exceed the base case (current or 
standard) for the practice, product, or measure.’’. 
(b) INCLUSION.—Section 2802 of such title is amended 
by adding at the end the following new subsection: 
‘‘(c) In determining the scope of a proposed military 
construction project, the Secretary concerned shall submit 
to the President such recommendations as the Secretary 
considers to be appropriate regarding the incorporation and 
inclusion of life-cycle cost-effective practices as an element 
in the project documents submitted to Congress in connec-
tion with the budget submitted pursuant to section 1105 
of title 31 for the fiscal year in which a contract is proposed 
to be awarded for the project.’’. 
SEC. 2802. EXTENSION OF AUTHORITY TO USE OPERATION 
AND MAINTENANCE FUNDS FOR CONSTRUC-
TION 
PROJECTS 
OUTSIDE 
THE 
UNITED 
STATES. 
Section 2808(a) of the Military Construction Author-
ization Act for Fiscal Year 2004 (division B of Public Law 
108–136; 117 Stat. 1723), as amended by section 2810 of 
the Military Construction Authorization Act for Fiscal Year 
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2005 (division B of Public Law 108–375; 118 Stat. 2128), 
section 2809 of the Military Construction Authorization Act 
for Fiscal Year 2006 (division B of Public Law 109–163; 
119 Stat. 3508), section 2802 of the Military Construction 
Authorization Act for Fiscal Year 2007 (division B of Pub-
lic Law 109–364; 120 Stat. 2466), and section 2801(a) of 
the Military Construction Authorization Act for Fiscal Year 
2008 (division B of Public Law 110–181; 122 Stat. 538), 
is further amended by striking ‘‘2008’’ and inserting 
‘‘2009’’. 
SEC. 2803. REVISION OF MAXIMUM LEASE AMOUNT APPLI-
CABLE TO CERTAIN DOMESTIC ARMY FAMILY 
HOUSING LEASES TO REFLECT PREVIOUSLY 
MADE ANNUAL ADJUSTMENTS IN AMOUNT. 
Section 2828(b)(7)(A) of title 10, United States Code, 
is amended by striking ‘‘$18,620 per unit’’ and inserting 
‘‘$35,000 per unit’’. 
SEC. 2804. USE OF MILITARY FAMILY HOUSING CON-
STRUCTED UNDER BUILD AND LEASE AU-
THORITY TO HOUSE MEMBERS WITHOUT DE-
PENDENTS. 
(a) IN GENERAL.—Subchapter II of chapter 169 of 
title 10, United States Code, is amended by inserting after 
section 2835 the following new section: 
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‘‘§ 2835a. Use of military family housing constructed 
under build and lease authority to house 
other members 
‘‘(a) INDIVIDUAL ASSIGNMENT OF MEMBERS WITHOUT 
DEPENDENTS.—(1) To the extent that the Secretary con-
cerned determines that military family housing constructed 
and leased under section 2835 of this title is not needed 
to house members of the armed forces eligible for assignment 
to military family housing, the Secretary may assign, with-
out rental charge, members without dependents to the hous-
ing. 
‘‘(2) A member without dependents who is assigned to 
housing pursuant to paragraph (1) shall be considered to 
be assigned to quarters pursuant to section 403(e) of title 
37. 
‘‘(b) CONVERSION TO LONG-TERM LEASING OF MILI-
TARY UNACCOMPANIED HOUSING.—(1) If the Secretary 
concerned determines that military family housing con-
structed and leased under section 2835 of this title is excess 
to the long-term needs of the family housing program of 
the Secretary, the Secretary may convert the lease contract 
entered into under subsection (a) of such section into a long- 
term lease of military unaccompanied housing. 
‘‘(2) The term of the lease contract for military unac-
companied housing converted from military family housing 
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under paragraph (1) may not exceed the remaining term 
of the lease contract for the family housing so converted. 
‘‘(c) NOTICE AND WAIT REQUIREMENTS.—(1) The Sec-
retary concerned may not convert military family housing 
to military unaccompanied housing under subsection (b) 
until— 
‘‘(A) the Secretary submits to the congressional 
defense committees a notice of the intent to undertake 
the conversion; and 
‘‘(B) a period of 21 days has expired following 
the date on which the notice is received by the com-
mittees or, if earlier, a period of 14 days has expired 
following the date on which a copy of the notice is 
provided in an electronic medium pursuant to section 
480 of this title. 
‘‘(2) The notice required by paragraph (1) shall in-
clude— 
‘‘(A) an explanation of the reasons for the con-
version of the military family housing to military un-
accompanied housing; 
‘‘(B) a description of the long-term lease to be 
converted; 
‘‘(C) amounts to be paid under the lease; and 
‘‘(D) the expiration date of the lease. 
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‘‘(d) APPLICATION
TO
HOUSING
LEASED
UNDER 
FORMER AUTHORITY.—This section also shall apply to 
housing initially acquired or constructed under the former 
section 2828(g) of this title (commonly known as the ‘Build 
to Lease program’), as added by section 801 of the Military 
Construction Authorization Act, 1984 (Public Law 98–115; 
97 Stat 782).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by inserting 
after the item relating to section 2835 the following new 
item: 
‘‘2835a. Use of military family housing constructed under build and lease author-
ity to house other members.’’. 
SEC. 2805. LEASE OF MILITARY FAMILY HOUSING TO THE 
SECRETARY OF DEFENSE FOR USE AS RESI-
DENCE. 
(a) LEASE OF HOUSING AUTHORIZED .—Subchapter 
II of chapter 169 of title 10, United States Code, is amended 
by adding at the end the following new section: 
‘‘§ 2838. Lease of military family housing to the Sec-
retary of Defense for use as residence 
‘‘(a) LEASE AUTHORIZED.—The Secretary of a mili-
tary department may lease military family housing in the 
National Capital Region (as such term is defined in section 
2674 of this title) to the person serving as the Secretary 
of Defense for the purpose of permitting the person to use 
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the housing as a personal residence while the person is serv-
ing as Secretary of Defense. In determining the unit of mili-
tary family housing to lease under this section, the Sec-
retary of Defense and the Secretaries of the military depart-
ments should first consider any units then available that 
are already substantially equipped for executive commu-
nications and security. 
‘‘(b) RENTAL RATE.—A lease under subsection (a) of 
a unit of military family housing shall provide for the pay-
ment by the person serving as the Secretary of Defense of 
consideration in an amount equal to the higher of the fol-
lowing: 
‘‘(1) 105 percent of the monthly rate for the basic 
allowance for housing prescribed under section 403(b) 
of title 37 for a member of the armed forces in the 
pay grade of O–10, with dependents, assigned to duty 
at the military installation on which the housing unit 
is located. 
‘‘(2) The assessed fair market value of the hous-
ing unit, offset by the security and infrastructure sav-
ings associated with housing the lessee on a military 
installation. 
‘‘(c) TREATMENT OF PROCEEDS.—(1) The Secretary of 
a military department shall deposit all money rentals re-
ceived pursuant to a lease entered into by that Secretary 
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under this section into a special account in the Treasury 
established for such military department. 
‘‘(2) The proceeds deposited into a special account of 
a military department pursuant to paragraph (1) shall be 
available to the Secretary of that military department, in 
such amounts as are provided in advance in appropriation 
Acts, for maintenance, protection, alteration, repair, im-
provement, or restoration of military housing on the instal-
lation at which the housing leased pursuant to subsection 
(a) is located.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by adding at 
the end the following new item: 
‘‘2838. Lease of military family housing to the Secretary of Defense for use as 
residence.’’. 
SEC. 2806. REPEAL OF REPORTING REQUIREMENT IN CON-
NECTION 
WITH 
INSTALLATION 
VULNER-
ABILITY ASSESSMENTS. 
Section 2859 of title 10, United States Code, is amend-
ed— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as subsection 
(c). 
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SEC. 2807. MODIFICATION OF ALTERNATIVE AUTHORITY 
FOR ACQUISITION AND IMPROVEMENT OF 
MILITARY HOUSING. 
(a) PARTNERSHIP
WITH
ELIGIBLE
ENTITY
RE-
QUIRED.—Section 2871(5) of title 10, United States Code, 
is amended by inserting before the period at the end the 
following: ‘‘that is prepared to enter into a contract as a 
partner with the Secretary concerned for the construction 
of military housing units and ancillary supporting facili-
ties’’. 
(b) BONDING REQUIREMENTS FOR ELIGIBLE ENTI-
TIES.—Section 2872 of such title is amended— 
(1) by inserting ‘‘(a) AVAILABILITY OF ALTER-
NATIVE AUTHORITIES.—’’ before ‘‘In addition’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) BONDING REQUIREMENTS FOR ELIGIBLE ENTI-
TIES.—The Secretary concerned shall ensure that an eligi-
ble entity that will acquire or construct housing units or 
ancillary supporting facilities under this subchapter is fully 
bonded for the construction of the units or facilities by ob-
taining payment and performance bonds in an amount not 
less than 100 percent of the maximum price allowable under 
the contract for the overall project.’’. 
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(c) COMPETITIVE PROCESS
FOR CONVEYANCE
OR 
LEASE OF PROPERTY.—Section 2878 of such title is amend-
ed— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e); respectively; and 
(2) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) COMPETITIVE PROCESS.—The Secretary con-
cerned shall ensure that the time, method, and terms and 
conditions of the conveyance or lease of property or facilities 
under this section permit full and free competition con-
sistent with the value and nature of the property or facili-
ties involved.’’. 
(d) TREATMENT
OF ACQUIRED
OR CONSTRUCTED 
HOUSING UNITS.— 
(1) REPEAL OF SEPARATE ASSIGNMENT AUTHOR-
ITY.—Section 2882 of such title is amended to read 
as follows: 
‘‘§ 2882. Effect of assignment of members to housing 
units acquired or constructed under alter-
native authority 
‘‘(a) TREATMENT
AS QUARTERS
OF
THE UNITED 
STATES.—Except as provided in subsection (b), housing 
units acquired or constructed under this subchapter shall 
be considered as quarters of the United States or a housing 
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facility under the jurisdiction of a uniformed service for 
purposes of section 403 of title 37. 
‘‘(b) AVAILABILITY OF BASIC ALLOWANCE FOR HOUS-
ING.—A member of the armed forces who is assigned to a 
housing unit acquired or constructed under this subchapter 
that is not owned or leased by the United States shall be 
entitled to a basic allowance for housing under section 403 
of title 37. 
‘‘(c) LEASE
PAYMENTS
THROUGH
PAY
ALLOT-
MENTS.—The Secretary concerned may require members of 
the armed forces who lease housing in housing units ac-
quired or constructed under this subchapter to make lease 
payments for such housing pursuant to allotments of the 
pay of such members under section 701 of title 37.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter IV of chapter 169 
of such title is amended by striking the item relating 
to section 2882 and inserting the following new item: 
‘‘2882. Effect of assignment of members to housing units acquired or constructed 
under alternative authority.’’. 
(e) ANNUAL REPORT ON MAINTENANCE AND REPAIR 
TO PRIVATIZED GENERAL
AND FLAG OFFICER QUAR-
TERS.—Section 2884(b) of such title is amended by adding 
at the end the following new paragraph: 
‘‘(7) A report identifying each family housing 
unit acquired or constructed under this subchapter 
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that is used, or intended to be used, as quarters for 
a general officer or flag officer and for which the total 
operation, maintenance, and repair costs for the unit 
exceeded $35,000. For each housing unit so identified, 
the report shall also include the total of such oper-
ation, maintenance, and repair costs.’’. 
SEC. 2808. REPORT ON CAPTURING HOUSING PRIVATIZA-
TION BEST PRACTICES. 
Section 2884(b) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(7) A separate report on best practices for the 
execution of housing privatization initiatives, cov-
ering the full range of issues that arise throughout the 
life of the project, from the identification of require-
ments, through construction, to sustainment of the 
public private venture following conclusion of the con-
tract. Issues covered by this reporting requirement in-
clude project oversight requirements, community, sub-
contractor, bond holder, and project owner relations, 
and such other topics that are identified as pertinent 
by the Department of Defense.’’. 
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Subtitle B—Real Property and 
Facilities Administration 
SEC. 2811. CLARIFICATION OF EXCEPTIONS TO CONGRES-
SIONAL 
REPORTING 
REQUIREMENTS 
FOR 
CERTAIN REAL PROPERTY TRANSACTIONS. 
Section 2662(c) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘river and harbor projects or 
flood control projects’’ and inserting ‘‘Army civil 
works water resource development projects’’; and 
(2) by striking ‘‘acquisition specifically author-
ized in a Military Construction Authorization Act’’ 
and inserting ‘‘transaction specifically authorized in 
a Military Construction Authorization Act or other 
Act authorizing or directing activities of the Depart-
ment of Defense’’. 
SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY 
OF MILITARY DEPARTMENTS AND DEFENSE 
AGENCIES. 
(a) CONSOLIDATION OF SEPARATE AUTHORITIES.— 
(1) ESTABLISHMENT OF SINGLE AUTHORITY.— 
Subsection (a) of section 2667 of title 10, United 
States Code, is amended to read as follows: 
‘‘(a) LEASE AUTHORITY.—Whenever the Secretary 
concerned considers it advantageous to the United States, 
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624 
the Secretary concerned may lease to such lessee and upon 
such terms as the Secretary concerned considers will pro-
mote the national defense or to be in the public interest, 
real or personal property that— 
‘‘(1) is under the control of the Secretary con-
cerned; 
‘‘(2) is not for the time needed for public use; 
and 
‘‘(3) is not excess property, as defined by section 
102 of title 40.’’. 
(2) SECRETARY
CONCERNED
DEFINED.—Sub-
section (i) of such section is amended by adding at 
the end the following new paragraph: 
‘‘(4) The term ‘Secretary concerned’ means— 
‘‘(A) the Secretary of a military depart-
ment, with respect to matters concerning that 
military department; and 
‘‘(B) the Secretary of Defense, with respect 
to matters concerning the Defense Agencies.’’. 
(b) LIMITATION ON DURATION OF LEASE.—Subsection 
(b)(1) of such section is amended by inserting ‘‘, but not 
to exceed 50 years,’’ after ‘‘longer period’’. 
(c) PROHIBITION ON LEASEBACK WITH EXCESSIVE 
ANNUAL PAYMENTS.—Subsection (b) of such section is 
amended— 
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(1) by striking ‘‘and’’ at the end of paragraph 
(5); 
(2) by striking the period at the end of para-
graph (6) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(7) may not provide for a leaseback by the Sec-
retary concerned with an annual payment in excess 
of $500,000.’’. 
(d) IMPROVED CONGRESSIONAL NOTIFICATION RE-
QUIREMENTS.—Paragraph (4) of subsection (c) of such sec-
tion is amended to read as follows: 
‘‘(4)(A) Not later than 30 days before issuing a con-
tract solicitation or other lease offering under this section 
for a lease whose annual payment, including any in-kind 
consideration to be accepted under subsection (b)(5) or this 
subsection, will exceed $500,000, the Secretary concerned 
shall submit to the congressional defense committees a re-
port containing— 
‘‘(i) a description of the proposed lease, includ-
ing the proposed duration of the lease; 
‘‘(ii) a description of the authorities to be used 
in entering the lease and the intended participation 
of the United States in the lease, including a jus-
tification of the intended method of participation; 
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‘‘(iii) a statement of the scored cost of the lease, 
determined using the scoring criteria of the Office of 
Management and Budget; 
‘‘(iv) a determination that the property involved 
in the lease is not excess property, as required by sub-
section (a)(3), including the basis for the determina-
tion; and 
‘‘(v) a determination that the lease is directly 
compatible with the mission of the military installa-
tion or Defense Agency whose property is to be subject 
to the lease and the anticipated long-term use of the 
property at the conclusion of the lease. 
‘‘(B) In the case of a lease described in subparagraph 
(A), the Secretary concerned also shall submit to the con-
gressional defense committees a report at least 30 days be-
fore the date on which the Secretary concerned enters into 
a lease the following information: 
‘‘(i) A copy of the report submitted under sub-
paragraph (A). 
‘‘(ii) A description of the differences between the 
report submitted under that subparagraph and the 
new report. 
‘‘(iii) A description of the agreement reached 
with the local municipality on taxation issues and 
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other development issues related to the proposed 
project, including payments-in-lieu-of taxes. 
‘‘(iv) A description of the lessee payment re-
quired under this section.’’. 
(e) PROHIBITION ON ACCEPTANCE OF IN-KIND TO 
SUPPORT CERTAIN MWR PROJECTS.—Subsection (c) of 
such section is amended by adding at the end the following 
new paragraph: 
‘‘(5) The Secretary concerned may not accept in-kind 
consideration under paragraph (1) with respect to a lease 
under this section to support the development of a project 
for a nonappropriated fund activity of the Department of 
Defense conducted for the morale, welfare, and recreation 
of members of the armed forces if the revenues estimated 
to be generated from the resulting facility would generally 
cover the operating expenses of the facility.’’. 
(f) CONFORMING AMENDMENTS TO REFERENCES TO 
MILITARY DEPARTMENTS AND INSTALLATIONS.— 
(1) COMMUNITY SUPPORT FACILITIES AND COM-
MUNITY SUPPORT SERVICES.—Subsection (d) of such 
section is amended— 
(A) in paragraph (2), by striking ‘‘Sec-
retary of a military department’’ and inserting 
‘‘Secretary concerned’’; and 
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(B) in paragraphs (3), (4), and (6), by 
striking ‘‘of the military department’’ each place 
it appears. 
(2) DEPOSIT
AND
USE
OF
PROCEEDS.—Sub-
section (e) of such section is amended— 
(A) in paragraph (1)(A)— 
(i) in the matter preceding clause (i)— 
(I) by striking ‘‘Secretary of a 
military department’’ and inserting 
‘‘Secretary concerned’’; and 
(II) by striking ‘‘such military de-
partment’’ and inserting ‘‘that Sec-
retary’’; 
(ii) in clause (iii), by striking ‘‘mili-
tary department’’ and inserting ‘‘Sec-
retary’’ 
(B) in paragraph (1)(B)(i), by striking 
‘‘Secretary of a military department’’ and in-
serting ‘‘Secretary concerned’’; 
(C) in paragraph (1)(C), by striking ‘‘of a 
military department pursuant to subparagraph 
(A) shall be available to the Secretary of that 
military department’’ and inserting ‘‘established 
for the Secretary concerned shall be available to 
the Secretary’’; 
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629 
(D) in paragraph (1)(D)— 
(i) by striking ‘‘of a military depart-
ment under subparagraph (A)’’ and insert-
ing ‘‘established for the Secretary con-
cerned’’; and 
(ii) by inserting ‘‘or Defense Agency lo-
cation’’ after ‘‘military installation’’; 
(E) in paragraph (1)(E), by striking ‘‘in-
stallation’’ and inserting ‘‘military installation 
or Defense Agency location’’; and 
(F) in paragraph (3), by striking ‘‘Sec-
retary of a military department’’ and inserting 
‘‘Secretary concerned’’. 
(3) 
BASE
CLOSURE
PROPERTY.—Subsection 
(g)(1) of such section is amended by striking ‘‘Sec-
retary of a military department’’ and inserting ‘‘Sec-
retary concerned’’. 
(g) REPEAL
OF SEPARATE DEFENSE AGENCY AU-
THORITY.— 
(1) REPEAL.—Section 2667a of such title is re-
pealed. 
(2) EFFECT ON EXISTING CONTRACTS.—The re-
peal of section 2667a of title 10, United States Code, 
shall not affect the validity or terms of any lease with 
respect to property of a Defense Agency entered into 
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630 
by the Secretary of Defense under such section before 
the date of the enactment of this Act. 
(3) TREATMENT OF MONEY RENTS.—Amounts in 
any special account established for a Defense Agency 
pursuant to subsection (d) of section 2667a of title 10, 
United States Code, before repeal of such section by 
paragraph (1), and amounts that would be deposited 
in such an account in connection with a lease referred 
to in paragraph (2), shall— 
(A) remain available until expended for the 
purposes specified in such subsection, notwith-
standing the repeal of such section by paragraph 
(1); or 
(B) to the extent provided in appropria-
tions Acts, be transferred to the special account 
required for the Secretary of Defense by sub-
section (e) of section 2667 of such title, as 
amended by subsection (f)(2) of this section. 
(h) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
2667 of such title is amended to read as follows: 
‘‘§ 2667. Leases: non-excess property of military de-
partments and Defense Agencies’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 159 of such title is 
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amended by striking the items relating to sections 
2667 and 2667a and inserting the following new 
item: 
‘‘2667. Leases: non-excess property of military departments and Defense Agen-
cies.’’. 
SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEY-
ANCE AUTHORITY. 
(a) CONVEYANCE OF UTILITY SYSTEM INFRASTRUC-
TURE.—Section 2688 of title 10, United States Code, is 
amended— 
(1) by redesignating subsections (i) and (j) as 
subsections (j) and (k), respectively; and 
(2) by inserting after subsection (h) the following 
new subsection (i): 
‘‘(i) CONVEYANCE
OF
UTILITY
INFRASTRUCTURE 
AFTER PRIVATIZATION OF UTILITY SYSTEM.—(1) The Sec-
retary concerned may convey all right, title, and interest 
of the United States, or such lesser estate as the Secretary 
considers appropriate, in and to utility system infrastruc-
ture under the jurisdiction of the Secretary to the entity 
to which a utility system has been conveyed under sub-
section (a) if the infrastructure will be used as part of the 
utility system. 
‘‘(2) In making a conveyance under paragraph (1), the 
Secretary concerned may use other than competitive proce-
dures. As consideration for the conveyance, the Secretary 
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concerned shall receive an amount equal to the fair market 
value of the conveyed utility infrastructure, determined in 
the same manner as the consideration the Secretary could 
require under subsection (c) for the conveyance of a utility 
system under subsection (a).’’. 
(b) ASSISTANCE FOR CONSTRUCTION, REPAIR, OR RE-
PLACEMENT
OF UTILITY INFRASTRUCTURE.—Subsection 
(h) of such section is amended— 
(1) in the subsection heading, by striking ‘‘SYS-
TEMS.—’’ and inserting ‘‘SYSTEMS OR INFRASTRUC-
TURE.—(1)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) In lieu of carrying out a military construction 
project to construct, repair, or replace utility infrastructure 
to be used with a utility system conveyed under subsection 
(a), the Secretary concerned may provide, from amounts 
authorized and appropriated for the project for fiscal year 
2009 or subsequent fiscal years, funds to the entity to which 
the utility system has been conveyed for use by the entity 
to construct, repair, or replace the utility infrastructure if 
the infrastructure will be used as part of the utility system. 
As consideration for the provision of such funds, the Sec-
retary may require a reduction in charges for utility serv-
ices in the same manner as a reduction in charges may 
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633 
be required under subsection (c) for the conveyance of a util-
ity system under subsection (a).’’. 
SEC. 2814. PERMANENT AUTHORITY TO PURCHASE MUNIC-
IPAL SERVICES FOR MILITARY INSTALLA-
TIONS IN THE UNITED STATES. 
(a) PERMANENT AUTHORITY.—Chapter 146 of title 10, 
United States Code, is amended by inserting after section 
2465 the following new section: 
‘‘§ 2465a. Contracts for procurement of municipal 
services for military installations in the 
United States 
‘‘(a) CONTRACT AUTHORITY.—Subject to section 2465 
of this title, the Secretary a military department may enter 
into a contract for the procurement of municipal services 
described in subsection (b) for a military installation in 
the United States under the jurisdiction of the Secretary 
from a county or municipal government for the geographic 
area in which the installation is located. 
‘‘(b) COVERED MUNICIPAL SERVICES.—Only the fol-
lowing municipal services may be procured for a military 
installation under the authority of this section: 
‘‘(1) Refuse collection. 
‘‘(2) Refuse disposal. 
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639 
(2) COMPLIANCE WITH GUAM MASTER PLAN.— 
Transactions authorized by paragraph (1) shall be 
consistent with the Guam Master Plan, as incor-
porated in decisions made in the manner provided in 
section 102 of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332). 
(3) LIMITATION
REGARDING
MILITARY
HOUS-
ING.—To extent that the authorities provided under 
subchapter IV of chapter 169 of title 10, United 
States Code, are available to the Secretary of Defense, 
the Secretary shall use such authorities to acquire, 
construct, or improve family housing units, military 
unaccompanied housing units, or ancillary sup-
porting facilities in connection with the relocation of 
military personnel on Guam. 
(4) SPECIAL REQUIREMENTS REGARDING USE OF 
CONTRIBUTIONS.— 
(A) TREATMENT OF CONTRIBUTIONS.—Ex-
cept as provided in subparagraph (C), the use of 
contributions referred to in subsection (b)(1) 
shall not subject to conditions imposed on the use 
of appropriated funds by chapter 169 of title 10, 
United States Code, or contained in annual 
military construction appropriations Acts. 
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