datamatters24/research-document-archive huggingface dataset:
289
costs associated with obtaining permits nec-
essary for the construction, operation, and 
maintenance of the project on publicly owned or 
controlled land), but such credit may not exceed 
25 percent of total project costs. 
(E) OPERATION AND MAINTENANCE.—The 
non-Federal share of operation and mainte-
nance costs for projects constructed with assist-
ance provided under this section shall be 100 
percent. 
(f) APPLICABILITY OF OTHER FEDERAL AND STATE 
LAWS.—Nothing in this section waives, limits, or other-
wise affects the applicability of any provision of Federal 
or State law that would otherwise apply to a project to 
be carried out with assistance provided under this section. 
(g) NONPROFIT ENTITIES.—Notwithstanding section 
221(b) of the Flood Control Act of 1970 (42 U.S.C. 
1962d-5b(b)), for any project undertaken under this sec-
tion, a non-Federal interest may include a nonprofit enti-
ty. 
(h) CORPS OF ENGINEERS EXPENSES.—Ten percent 
of the amounts appropriated to carry out this section may 
be used by the Corps of Engineers district offices to ad-
minister projects under this section at Federal expense.
290
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$40,000,000. Such sums shall remain available until ex-
pended. 
SEC. 5061. LAKE LANIER, GEORGIA. 
The Secretary may assist local interests with plan-
ning, design, and construction of facilities at the Lake La-
nier Olympic Center, Georgia, at a total cost of 
$5,300,000. 
SEC. 5062. RILEY CREEK RECREATION AREA, IDAHO. 
The Secretary is authorized to carry out the Riley 
Creek Recreation Area Operation Plan of the Albeni Falls 
Management Plan, dated October 2001, for the Riley 
Creek Recreation Area, Albeni Falls Dam, Bonner Coun-
ty, Idaho. 
SEC. 5063. RECONSTRUCTION OF ILLINOIS FLOOD PROTEC-
TION PROJECTS. 
(a) IN GENERAL.—The Secretary may participate in 
the reconstruction of an eligible flood control project if the 
Secretary determines that such reconstruction is not re-
quired as a result of improper operation and maintenance 
of the project by the non-Federal interest. 
(b) COST SHARING.—The non-Federal share of the 
costs for the reconstruction of a flood control project au-
thorized by this section shall be the same non-Federal
107TH CONGRESS
2D SESSION
H. R. 5333
AN ACT
To designate the facility of the United States Post-
al Service located at 4 East Central Street in
Worcester, Massachusetts, as the ‘‘Joseph D.
Early Post Office Building’’.
686 
HR 3221 PCS
which there is a potential for significant data center 
energy savings as a result of such program. 
(2) Such program shall— 
(A) consistent with the objectives of para-
graph (1), determine the type of data center 
and data center equipment and facilities to be 
covered under such program; and 
(B) include specifications, measurements, 
and benchmarks that will enable data center op-
erators to make more informed decisions about 
the energy efficiency and costs of data centers, 
and that— 
(i) reflect the total energy consump-
tion of data centers, including both equip-
ment and facilities, taking into account— 
(I) the performance and utiliza-
tion of servers, data storage devices, 
and 
other 
information 
technology 
equipment; 
(II) the efficiency of heating, 
ventilation, and air conditioning, cool-
ing, and power conditioning systems; 
(III) energy savings from the 
adoption of software and data man-
agement techniques; and 
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687 
HR 3221 PCS
(IV) other factors determined by 
the organization described in sub-
section (b); 
(ii) allow for creation of separate 
specifications, measurements, and bench-
marks based on data center size and func-
tion, as well as other appropriate charac-
teristics determined by the organization 
described in subsection (b); 
(iii) advance the design and imple-
mentation of efficiency technologies to the 
maximum extent economically practical; 
and 
(iv) provide to data center operators 
in the private sector and the Federal Gov-
ernment information about best practices 
and purchasing decisions that reduce the 
energy consumption of data centers; 
(C) publish the information described in 
subparagraph (B), which may be disseminated 
through catalogs, trade publications, the Inter-
net, or other mechanisms, that will allow data 
center operators to assess the energy consump-
tion and potential cost savings of alternative 
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338
(except for transferability) to the next-
issued publicly issued Treasury obligations 
having 2-year, 5-year, and 10-year matu-
rities. 
‘‘(iii) DISCONTINUANCE OF ISSUANCE 
OF OBLIGATIONS.—If the Department of 
the Treasury discontinues issuing to the 
public obligations having 2-year, 5-year, or 
10-year maturities, the principal of any 
maturing eligible obligation shall be rein-
vested substantially equally in eligible obli-
gations that are identical (except for trans-
ferability) to the next-issued publicly 
issued Treasury obligations of the matu-
rities longer than 1 year then available. 
‘‘(D) INVESTMENT
OF
INTEREST
AC-
COUNT.—
‘‘(i) 
BEFORE
FULL
CAPITALIZA-
TION.—Until the date on which the Fund 
is fully capitalized, amounts in the interest 
account of the Fund shall be invested in el-
igible obligations that are identical (except 
for transferability) to publicly issued 
Treasury obligations that have maturities 
that coincide, to the maximum extent prac-
339
ticable, with the date on which the Fund 
is expected to be fully capitalized. 
‘‘(ii) AFTER FULL CAPITALIZATION.—
On and after the date on which the Fund 
is fully capitalized, amounts in the interest 
account of the Fund shall be invested and 
reinvested in eligible obligations having the 
shortest maturity then available until the 
amounts are withdrawn and transferred to 
fund the activities authorized under sub-
section (d)(3). 
‘‘(E) PAR PURCHASE PRICE.—The price to 
be paid for eligible obligations purchased as in-
vestments of the principal account shall not ex-
ceed the par value of the obligations so that the 
amount of the principal account shall be pre-
served in perpetuity. 
‘‘(F) HIGHEST YIELD.—Among eligible ob-
ligations having the same maturity and pur-
chase price, the obligation to be purchased shall 
be the obligation having the highest yield. 
‘‘(G) HOLDING
TO
MATURITY.—Eligible 
obligations purchased shall generally be held to 
their maturities.
340
‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI-
TIES.—Not less frequently than once each calendar 
year, the Secretary of the Treasury shall review with 
the State of South Dakota the results of the invest-
ment activities and financial status of the Fund dur-
ing the preceding 12-month period. 
‘‘(4) AUDITS.—
‘‘(A) IN GENERAL.—The activities of the 
State of South Dakota (referred to in this sub-
section as the ‘State’) in carrying out the plan 
of the State for terrestrial wildlife habitat res-
toration under section 602(a) shall be audited 
as part of the annual audit that the State is re-
quired to prepare under the Office of Manage-
ment and Budget Circular A–133 (or a suc-
cessor circulation). 
‘‘(B) DETERMINATION BY AUDITORS.—An 
auditor that conducts an audit under subpara-
graph (A) shall—
‘‘(i) determine whether funds received 
by the State under this section during the 
period covered by the audit were used to 
carry out the plan of the State in accord-
ance with this section; and
under subparagraph (B)(i) that includes a dif-
ference that would, under section 506A(c) or 
(d)(3)(B)(i), require the approval of a supple-
mental application before the difference could 
be made to the U.S. label drug the following 
shall occur: 
‘‘(i) Promptly after the notice is sub-
mitted, the Secretary shall notify reg-
istered exporters, registered importers, the 
Federal Trade Commission, and the State 
attorneys general that the notice has been 
submitted with respect to the qualifying 
drug involved. 
‘‘(ii) If the Secretary has not made a 
determination whether such a supple-
mental application regarding the U.S. label 
drug would be approved or disapproved by 
the date on which the qualifying drug in-
volved is to be introduced for commercial 
distribution in a permitted country, the 
Secretary shall— 
‘‘(I) order that the importation of 
the qualifying drug involved from the 
permitted country not begin until the 
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Secretary completes review of the no-
tice; and 
‘‘(II) promptly notify registered 
exporters, registered importers, the 
Federal Trade Commission, and the 
State attorneys general of the order. 
‘‘(iii) If the Secretary determines that 
such a supplemental application regarding 
the U.S. label drug would not be approved, 
the Secretary shall— 
‘‘(I) order that the importation of 
the qualifying drug involved from the 
permitted country cease, or provide 
that an order under clause (ii), if any, 
remains in effect; 
‘‘(II) notify the permitted coun-
try that approved the qualifying drug 
for commercial distribution of the de-
termination; and 
‘‘(III) promptly notify registered 
exporters, registered importers, the 
Federal Trade Commission, and the 
State attorneys general of the deter-
mination. 
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†
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HR 1585 EAS
Army Reserve—Continued
State
Location
Amount
Montana ................................
Butte .............................................................
$7,629,000
New Jersey ............................
Fort Dix .......................................................
$17,000,000
New York ...............................
Fort Drum ....................................................
$15,923,000
Texas ......................................
Ellington Field ............................................
$15,000,000
Fort Worth ...................................................
$15,076,000
Wisconsin ..............................
Ellsworth ......................................................
$9,100,000
Fort McCoy ..................................................
$8,523,000
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE
CORPS RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2606(a)(2), the Sec-
retary of the Navy may acquire real property and carry
out military construction projects for the Navy Reserve and
Marine Corps Reserve locations, and in the amounts, set
forth in the following table:
Navy Reserve and Marine Corps Reserve
State
Location
Amount
California ..............................
Miramar .......................................................
$5,580,000
Michigan ................................
Selfridge ........................................................
$4,030,000
Ohio .......................................
Wright-Patterson Air Force Base ...............
$10,277,000
Oregon ....................................
Portland .......................................................
$1,900,000
South Dakota ........................
Sioux Falls ...................................................
$3,730,000
Texas ......................................
Austin ...........................................................
$6,490,000
Fort Worth ...................................................
$22,514,000
Virginia .................................
Quantico .......................................................
$2,410,000
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2606(3)(A), the Sec-
retary of the Air Force may acquire real property and
carry out military construction projects for the Air Na-
†
1038
HR 1585 EAS
tional Guard locations, and in the amounts, set forth in
the following table:
Air National Guard
State
Location
Amount
Colorado ................................
Buckley Air National Guard Base ...........
$7,300,000
Delaware ...............................
New Castle ..................................................
$10,800,000
Georgia ..................................
Savannah International Airport ..............
$9,000,000
Indiana .................................
Hulman Regional Airport .........................
$7,700,000
Kansas ...................................
Smoky Hill Air National Guard Range ..
$9,000,000
Louisiana ..............................
Camp Beauregard ......................................
$1,800,000
Massachusetts ........................
Otis Air National Guard Base ..................
$1,800,000
New Hampshire ....................
Pease Air National Guard Base ...............
$8,900,000
Nebraska ................................
Lincoln ........................................................
$8,900,000
Nevada ..................................
Reno-Tahoe International Airport ............
$5,200,000
New York ...............................
Gabreski Airport ........................................
$8,400,000
Pennsylvania ........................
Fort Indiantown Gap ................................
$12,700,000
Rhode Island .........................
Quonset State Airport ................................
$5,000,000
South Dakota ........................
Joe Foss Field .............................................
$7,900,000
Tennessee ...............................
McGhee-Tyson Airport ...............................
$3,200,000
Memphis International Airport ................
$11,376,000
Vermont .................................
Burlington ..................................................
$6,600,000
West Virginia .......................
Eastern West Virginia Regional Airport-
Shepherd Field.
$50,776,000
Yeager ..........................................................
$17,300,000
Wisconsin ..............................
Truax Field .................................................
$7,300,000
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2606(3)(B), the Sec-
retary of the Air Force may acquire real property and
carry out military construction projects for the Air Force
Reserve locations, and in the amounts, set forth in the fol-
lowing table:
Air Force Reserve
State
Location
Amount
Alaska ....................................
Elmendorf Air Force Base ..........................
$14,950,000
Utah .......................................
Hill Air Force Base .....................................
$3,200,000
†
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HR 1585 EAS
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2007, 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), in the following amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the
United States, $458,515,000; and
(B) for the Army Reserve, $134,684,000.
(2) For the Department of the Navy, for the
Navy and Marine Corps Reserve, $59,150,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the
United States, $216,417,000; and
(B) for the Air Force Reserve, $26,559,000.
SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT
FISCAL YEAR 2007 GUARD AND RESERVE
PROJECTS FOR WHICH FUNDS WERE NOT AP-
PROPRIATED.
Section 2601 of the Military Construction Authoriza-
tion Act for Fiscal Year 2007 (division B of Public Law
109–364; 120 Stat. 2463) is amended—
†
1040
HR 1585 EAS
(1) in paragraph (1)—
(A) in subparagraph (A), by striking
‘‘$561,375,000’’ and inserting ‘‘$476,697,000’’;
and
(B) in subparagraph (B), by striking
‘‘$190,617,000’’ and inserting ‘‘$167,987,000’’;
(2) in paragraph (2), by striking ‘‘49,998,000’’
and inserting ‘‘$43,498,000’’; and
(3) in paragraph (3)—
(A) in subparagraph (A), by striking
‘‘$294,283,000’’ and inserting ‘‘$133,983,000’’;
and
(B) in subparagraph (B), by striking
‘‘$56,836,000’’ and inserting ‘‘$47,436,000’’.
SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT
FISCAL YEAR 2006 AIR FORCE RESERVE CON-
STRUCTION AND ACQUISITION PROJECTS.
Section 2601(3)(B) of the Military Construction Au-
thorization Act for Fiscal Year 2006 (division B of Public
Law 109–163; 119 Stat. 3501) is amended by striking
‘‘$105,883,000’’ and inserting ‘‘$102,783,000’’.
SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 2005 PROJECTS.
(a) EXTENSION AND RENEWAL.—Notwithstanding sec-
tion 2701 of the Military Construction Authorization Act
†
1041
HR 1585 EAS
for Fiscal Year 2005 (division B of Public Law 108–375;
118 Stat. 2116), the authorizations set forth in the tables
in subsection (b), as provided in section 2601 of that Act,
shall remain in effect until October 1, 2008, or the date
of the enactment of an Act authorizing funds for military
construction for fiscal year 2009, whichever is later.
(b) TABLES.—The tables referred to in subsection (a)
are as follows:
Army National Guard: Extension of 2005 Project Authorizations
Installation or Location
Project
Amount
Dublin, California ......................................
Readiness center .................
$11,318,000
Gary, Indiana ............................................
Reserve center .....................
$9,380,000
Army Reserve: Extension of 2005 Project Authorization
Installation or Location
Project
Amount
Corpus Christi (Robstown), Texas ............
Storage facility ...................
$9,038,000
SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN
FISCAL YEAR 2004 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108–136; 117 Stat. 1716),
the authorizations set forth in the table in subsection (b),
as provided in section 2601 of that Act and extended by
section 2702 of the Military Construction Authorization Act
for Fiscal Year 2007 (division B of Public Law 109–364;
120 Stat. 2464), shall remain in effect until October 1,
2008, or the date of the enactment of an Act authorizing
†
1042
HR 1585 EAS
funds for military construction for fiscal year 2009, which-
ever is later.
(b) TABLE.—The table referred to in subsection (a) is
as follows:
Army National Guard: Extension of 2004 Project Authorizations
Installation or Location
Project
Amount
Albuquerque, New Mexico ....................
Readiness center .......................
$2,533,000
Fort Indiantown Gap, Pennsylvania
Multipurpose training range ...
$15,338,000
SEC. 2611. RELOCATION OF UNITS FROM ROBERTS UNITED
STATES ARMY RESERVE CENTER AND NAVY-
MARINE CORPS RESERVE CENTER, BATON
ROUGE, LOUISIANA.
For the purpose of siting an Army Reserve Center and
Navy-Marine Corps Reserve Center for which funds are au-
thorized to be appropriated in this Act in Baton Rouge,
Louisiana, the Secretary of the Army may use land under
the control of the State of Louisiana adjacent to, or in the
vicinity of the Baton Rouge airport, Baton Rouge, Lou-
isiana at a location determined by the Secretary to be in
the best interest of national security and in the public inter-
est.
†
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HR 1585 EAS
TITLE XXVII—BASE CLOSURE
AND REALIGNMENT ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE
CLOSURE 
AND 
REALIGNMENT 
ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DE-
FENSE BASE CLOSURE ACCOUNT 1990.
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2007, for base clo-
sure and realignment activities, including real property ac-
quisition and military construction projects, as authorized
by 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) and funded through the Department of Defense
Base Closure Account 1990 established by section 2906 of
such Act, in the total amount of $220,689,000, as follows:
(1) 
For 
the 
Department 
of 
the 
Army,
$73,716,000.
(2) For the Department of the Air Force,
$143,260,000.
(3) For the Defense Agencies, $3,713,000.
†
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HR 1585 EAS
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGN-
MENT ACTIVITIES FUNDED THROUGH DE-
PARTMENT OF DEFENSE BASE CLOSURE AC-
COUNT 2005.
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2703, the Secretary of
Defense may carry out base closure and realignment activi-
ties, including real property acquisition and military con-
struction projects, as authorized by 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) and funded through
the Department of Defense Base Closure Account 2005 es-
tablished by section 2906A of such Act, in the amount of
$8,718,988,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE
CLOSURE 
AND 
REALIGNMENT 
ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DE-
FENSE BASE CLOSURE ACCOUNT 2005.
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2007, for base clo-
sure and realignment activities, including real property ac-
quisition and military construction projects, as authorized
by 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) and funded through the Department of Defense
†
1045
HR 1585 EAS
Base Closure Account 2005 established by section 2906A of
such Act, in the total amount of $8,174,315,000, as follows:
(1) 
For 
the 
Department 
of 
the 
Army,
$4,015,746,000.
(2) 
For 
the 
Department 
of 
the 
Navy,
$733,695,000.
(3) For the Department of the Air Force,
$1,183,812,000.
(4) For the Defense Agencies, $2,241,062,000.
SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARI-
ATIONS.
For military construction projects carried out using
amounts appropriated pursuant to the authorization of ap-
propriations in sections 2701 and 2703 of this title and
section 2405(a)(8) of the Military Construction Authoriza-
tion Act for Fiscal Year 2007 (division B of Public Law
109–364; 120 Stat. 2460), section 2853 of title 10, United
States Code, shall apply for variations to the cost and scope
of work for each military construction project requested to
the congressional defense committees as part of the budget
justification materials submitted to Congress in support of
the Department of Defense budget for fiscal year 2007 and
2008 (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code).
†
1046
HR 1585 EAS
TITLE 
XXVIII—MILITARY 
CON-
STRUCTION GENERAL PROVI-
SIONS
Subtitle A—Effective Date and
Expiration of Authorizations
SEC. 2801. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII,
and XXIX shall take effect on the later of—
(1) October 1, 2007; or
(2) the date of the enactment of this Act.
SEC. 
2802. 
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 and title
XXIX for military construction projects, land acquisition,
family housing projects and facilities, and contributions to
the North Atlantic Treaty Organization Security Invest-
ment Program (and authorizations of appropriations there-
for) shall expire on the later of—
(1) October 1, 2010; or
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year
2011.