H. R. 1588—283
the National Defense Authorization Act for Fiscal Year 1994
under this subsection—
(A) subsection (c) of that section shall apply with
respect to prototype projects carried out under this para-
graph; and
(B) the Director of the Office of Management and
Budget shall perform the functions of the Secretary of
Defense under subsection (d) of that section.
(4) APPLICABILITY TO SELECTED EXECUTIVE AGENCIES.—
(A) OMB AUTHORIZATION REQUIRED.—The head of an
executive agency may exercise authority under this sub-
section for a project only if authorized by the Director
of the Office of Management and Budget to use the
authority for such project.
(B) RELATIONSHIP TO AUTHORITY OF DEPARTMENT OF
HOMELAND SECURITY.—The authority under this subsection
shall not apply to the Secretary of Homeland Security
while section 831 of the Homeland Security Act of 2002
(Public Law 107–296; 116 Stat. 2224) is in effect.
(b) ANNUAL REPORT.—The annual report of the head of an
executive agency that is required under subsection (h) of section
2371 of title 10, United States Code, as applied to the head of
the executive agency by subsection (a), shall be submitted to the
Committee on Governmental Affairs of the Senate and the Com-
mittee on Government Reform of the House of Representatives.
(c) REGULATIONS.—The Director of the Office of Management
and Budget shall prescribe regulations to carry out this section.
No transaction may be conducted under the authority of this section
before the date on which such regulations take effect.
(d) TERMINATION OF AUTHORITY.—The authority to carry out
transactions under subsection (a) shall terminate on September
30, 2008.
SEC. 1442. PUBLIC DISCLOSURE OF NONCOMPETITIVE CONTRACTING
FOR THE RECONSTRUCTION OF INFRASTRUCTURE IN
IRAQ.
(a) DISCLOSURE REQUIRED.—
(1) PUBLICATION AND PUBLIC AVAILABILITY.—The head of
an executive agency of the United States that enters into a
contract for the repair, maintenance, or construction of infra-
structure in Iraq without full and open competition shall pub-
lish in the Federal Register or Commerce Business Daily and
otherwise make available to the public, not later than 30 days
after the date on which the contract is entered into, the fol-
lowing information:
(A) The amount of the contract.
(B) A brief description of the scope of the contract.
(C) A discussion of how the executive agency identified,
and solicited offers from, potential contractors to perform
the contract, together with a list of the potential contractors
that were issued solicitations for the offers.
(D) The justification and approval documents on which
was based the determination to use procedures other than
procedures that provide for full and open competition.
(2) INAPPLICABILITY
TO
CONTRACTS
AFTER
FISCAL
YEAR
2005.—Paragraph (1) does not apply to a contract entered into
after September 30, 2005.
H. R. 1588—284
(b) CLASSIFIED INFORMATION.—
(1) AUTHORITY TO WITHHOLD.—The head of an executive
agency may—
(A) withhold from publication and disclosure under
subsection (a) any document that is classified for restricted
access in accordance with an Executive order in the interest
of national defense or foreign policy; and
(B) redact any part so classified that is in a document
not so classified before publication and disclosure of the
document under subsection (a).
(2) AVAILABILITY TO CONGRESS.—In any case in which the
head of an executive agency withholds information under para-
graph (1), the head of such executive agency shall make avail-
able an unredacted version of the document containing that
information to the chairman and ranking member of each of
the following committees of Congress:
(A) The Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the
House of Representatives.
(B) The Committees on Appropriations of the Senate
and House of Representatives.
(C) Each committee that the head of the executive
agency determines has legislative jurisdiction for the oper-
ations of such department or agency to which the informa-
tion relates.
(c) FISCAL YEAR 2003 CONTRACTS.—This section shall apply
to contracts entered into on or after October 1, 2002, except that,
in the case of a contract entered into before the date of the enact-
ment of this Act, subsection (a) shall be applied as if the contract
had been entered into on the date of the enactment of this Act.
(d) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—Nothing in
this section shall be construed as affecting obligations to disclose
United States Government information under any other provision
of law.
(e) DEFINITIONS.—In this section, the terms ‘‘executive agency’’
and ‘‘full and open competition’’ have the meanings given such
terms in section 4 of the Office of Federal Procurement Policy
Act (41 U.S.C. 403).
SEC. 1443. SPECIAL EMERGENCY PROCUREMENT AUTHORITY.
(a) PERMANENT AUTHORITY.—(1) The Office of Federal Procure-
ment Policy Act (41 U.S.C. 403 et seq.) is amended by inserting
after section 32 the following new section:
‘‘SEC. 32A. SPECIAL EMERGENCY PROCUREMENT AUTHORITY.
‘‘(a) APPLICABILITY.—The authorities provided in this section
apply with respect to any procurement of property or services
by or for an executive agency that, as determined by the head
of such executive agency, are to be used—
‘‘(1) in support of a contingency operation; or
‘‘(2) to facilitate the defense against or recovery from
nuclear, biological, chemical, or radiological attack against the
United States.
‘‘(b) INCREASED THRESHOLDS.—For a procurement to which this
section applies under subsection (a)—
‘‘(1) the amount specified in subsections (c), (d), and (f)
of section 32 shall be deemed to be $15,000; and
‘‘(2) the term ‘simplified acquisition threshold’ means—
H. R. 1588—285
‘‘(A) $250,000 in the case of any contract to be awarded
and performed, or purchase to be made, inside the United
States; and
‘‘(B) $500,000 in the case of any contract to be awarded
and performed, or purchase to be made, outside the United
States.
‘‘(c) INCREASED LIMITATION ON USE OF SIMPLIFIED ACQUISITION
PROCEDURES.—For a procurement to which this section applies
under subsection (a), the $5,000,000 limitation in the following
provisions of law shall be deemed to be $10,000,000:
‘‘(1) Section 31(a)(2) of this Act.
‘‘(2) Section 2304(g)(1)(B) of title 10, United States Code.
‘‘(3) Section 303(g)(1)(B) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(B)).
‘‘(d) COMMERCIAL ITEMS AUTHORITY.—(1) The head of an execu-
tive agency carrying out a procurement of property or a service
to which this section applies under subsection (a)(2) may treat
such property or service as a commercial item for the purpose
of carrying out such procurement.
‘‘(2) A contract in an amount greater than $15,000,000 that
is awarded on a sole source basis for an item or service treated
as a commercial item under paragraph (1) shall not be exempt
from—
‘‘(A) cost accounting standards promulgated pursuant to
section 26 of this Act; or
‘‘(B) cost or pricing data requirements (commonly referred
to as truth in negotiating) under section 2306a of title 10,
United States Code, and section 304A of title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254b).
‘‘(e) CONTINGENCY OPERATION DEFINED.—In this section, the
term ‘contingency operation’ has the meaning given such term in
section 101(a)(13) of title 10, United States Code.’’.
(2) The table of contents in section 1(b) of such Act is amended
by inserting after the item relating to section 32 the following
new item:
‘‘Sec. 32A. Special emergency procurement authority.’’.
(b) CONTINUATION
OF AUTHORITY
FOR USE
OF SIMPLIFIED
ACQUISITION PROCEDURES.—Section 4202(e) of the Clinger-Cohen
Act (division D of Public Law 104–106; 110 Stat. 652; 10 U.S.C.
2304 note) is amended by striking ‘‘January 1, 2004’’ and inserting
‘‘January 1, 2006’’.
TITLE XV—VETERANS’ DISABILITY
BENEFITS COMMISSION
Sec. 1501. Establishment of commission.
Sec. 1502. Duties of the commission.
Sec. 1503. Report.
Sec. 1504. Powers of the commission.
Sec. 1505. Personnel matters.
Sec. 1506. Termination of commission.
Sec. 1507. Funding.
SEC. 1501. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT OF COMMISSION.—There is hereby estab-
lished a commission to be known as the Veterans’ Disability Benefits
H. R. 1588—286
Commission (hereinafter in this title referred to as the ‘‘commis-
sion’’).
(b) MEMBERSHIP.—(1) The commission shall be composed of
13 members, appointed as follows:
(A) Two members appointed by the Speaker of the House
of Representatives, at least one of whom shall be a veteran
who was awarded a decoration specified in paragraph (2).
(B) Two members appointed by the minority leader of the
House of Representatives, at least one of whom shall be a
veteran who was awarded a decoration specified in paragraph
(2).
(C) Two members appointed by the majority leader of the
Senate, at least one of whom shall be a veteran who was
awarded a decoration specified in paragraph (2).
(D) Two members appointed by the minority leader of
the Senate, at least one of whom shall be a veteran who
was awarded a decoration specified in paragraph (2).
(E) Five members appointed by the President, at least
three of whom shall be veterans who were awarded a decoration
specified in paragraph (2).
(2) A decoration specified in this paragraph is any of the fol-
lowing:
(A) The Medal of Honor.
(B) The Distinguished Service Cross, the Navy Cross, or
the Air Force Cross.
(C) The Silver Star.
(3) A vacancy in the Commission shall be filled in the manner
in which the original appointment was made.
(4) The appointment of members of the commission under this
subsection shall be made not later than 60 days after the date
of the enactment of this Act.
(c) PERIOD OF APPOINTMENT.—Members of the commission shall
be appointed for the life of the commission. A vacancy in the
commission shall not affect its powers.
(d) INITIAL MEETING.—The commission shall hold its first
meeting not later than 30 days after the date on which a majority
of the members of the commission have been appointed.
(e) MEETINGS.—The commission shall meet at the call of the
chairman.
(f) QUORUM.—A majority of the members of the commission
shall constitute a quorum, but a lesser number may hold hearings.
(g) CHAIRMAN.—The President shall designate a member of
the commission to be chairman of the commission.
SEC. 1502. DUTIES OF THE COMMISSION.
(a) STUDY.—The commission shall carry out a study of the
benefits under the laws of the United States that are provided
to compensate and assist veterans and their survivors for disabil-
ities and deaths attributable to military service.
(b) SCOPE OF STUDY.—In carrying out the study, the commission
shall examine and make recommendations concerning the following:
(1) The appropriateness of such benefits under the laws
in effect on the date of the enactment of this Act.
(2) The appropriateness of the level of such benefits.
(3) The appropriate standard or standards for determining
whether a disability or death of a veteran should be com-
pensated.
H. R. 1588—287
(c) CONTENTS OF STUDY.—The study to be carried out by the
commission under this section shall be a comprehensive evaluation
and assessment of the benefits provided under the laws of the
United States to compensate veterans and their survivors for dis-
ability or death attributable to military service, together with any
related issues that the commission determines are relevant to the
purposes of the study. The study shall include an evaluation and
assessment of the following:
(1) The laws and regulations which determine eligibility
for disability and death benefits, and other assistance for vet-
erans and their survivors.
(2) The rates of such compensation, including the appro-
priateness of a schedule for rating disabilities based on average
impairment of earning capacity.
(3) Comparable disability benefits provided to individuals
by the Federal Government, State governments, and the private
sector.
(d) CONSULTATION WITH INSTITUTE OF MEDICINE.—In carrying
out the study under this section, the commission shall consult
with the Institute of Medicine of the National Academy of Sciences
with respect to the medical aspects of contemporary disability com-
pensation policies.
SEC. 1503. REPORT.
Not later than 15 months after the date on which the commis-
sion first meets, the commission shall submit to the President
and Congress a report on the study. The report shall include the
following:
(1) The findings and conclusions of the commission,
including its findings and conclusions with respect to the mat-
ters referred to in section 1502(c).
(2) The recommendations of the commission for revising
the benefits provided by the United States to veterans and
their survivors for disability and death attributable to military
service.
(3) Other information and recommendations with respect
to such benefits as the commission considers appropriate.
SEC. 1504. POWERS OF THE COMMISSION.
(a) HEARINGS.—The commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive
such evidence as the commission considers advisable to carry out
the purposes of this title.
(b) INFORMATION FROM FEDERAL AGENCIES.—In addition to the
information referred to in section 1502(c), the commission may
secure directly from any Federal department or agency such
information as the commission considers necessary to carry out
the provisions of this title. Upon request of the chairman of the
commission, the head of such department or agency shall furnish
such information to the commission.
(c) POSTAL SERVICES.—The commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) GIFTS.—The commission may accept, use, and dispose of
gifts or donations of services or property.
H. R. 1588—288
SEC. 1505. PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Each member of the commis-
sion who is not an officer or employee of the United States shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which the member is
engaged in the performance of the duties of the commission. All
members of the commission who are officers or employees of the
United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(b) TRAVEL EXPENSES.—The members of the commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter
I of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the commission.
(c) STAFF.—(1) The chairman of the commission may, without
regard to the civil service laws and regulations, appoint an executive
director and such other personnel as may be necessary to enable
the commission to perform its duties. The appointment of an execu-
tive director shall be subject to approval by the commission.
(2) The chairman of the commission may fix the compensation
of the executive director and other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay for
the executive director and other personnel may not exceed the
rate payable for level V of the Executive Schedule under section
5316 of such title.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the
chairman of the commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel
of that department or agency to the commission to assist it in
carrying out its duties.
(e) PROCUREMENT
OF TEMPORARY
AND INTERMITTENT SERV-
ICES.—The chairman of the commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level
V of the Executive Schedule under section 5316 of such title.
SEC. 1506. TERMINATION OF COMMISSION.
The commission shall terminate 60 days after the date on
which the commission submits its report under section 1503.
SEC. 1507. FUNDING.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall, upon
the request of the chairman of the commission, make available
to the commission such amounts as the commission may require
to carry out its duties under this title.
(b) AVAILABILITY.—Any sums made available to the commission
under subsection (a) shall remain available, without fiscal year
limitation, until the termination of the commission.
H. R. 1588—289
TITLE XVI—DEFENSE BIOMEDICAL
COUNTERMEASURES
Sec. 1601. Research and development of defense biomedical countermeasures.
Sec. 1602. Procurement of defense biomedical countermeasures.
Sec. 1603. Authorization for medical products for use in emergencies.
SEC. 1601. RESEARCH AND DEVELOPMENT OF DEFENSE BIOMEDICAL
COUNTERMEASURES.
(a) IN GENERAL.—The Secretary of Defense (in this section
referred to as the ‘‘Secretary’’) shall carry out a program to accel-
erate the research, development and procurement of biomedical
countermeasures, including but not limited to therapeutics and
vaccines, for the protection of the Armed Forces from attack by
one or more biological, chemical, radiological, or nuclear agents.
(b) INTERAGENCY COOPERATION.—(1) In carrying out the pro-
gram under subsection (a), the Secretary may enter into interagency
agreements and other collaborative undertakings with other Federal
agencies.
(2) The Secretary, through regular, structured, and close con-
sultation with the Secretary of Health and Human Services and
the Secretary of Homeland Security, shall ensure that the activities
of the Department of Defense in carrying out the program are
coordinated with, complement, and do not unnecessarily duplicate
activities of the Department of Health and Human Services or
the Department of Homeland Security.
(c) EXPEDITED PROCUREMENT AUTHORITY.—(1) For any procure-
ment of property or services for use (as determined by the Secretary)
in performing, administering, or supporting biomedical counter-
measures research and development, the Secretary may, when
appropriate, use streamlined acquisition procedures and other expe-
dited procurement procedures authorized in—
(A) section 32A of the Office of Federal Procurement Policy
Act, as added by section 1443 of this Act; and
(B) section 2371 of title 10, United States Code, and section
845 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103–160; 10 U.S.C. 2371 note).
(2) Notwithstanding paragraph (1) and the provisions of law
referred to in such paragraph, each of the following provisions
shall apply to the procurements described in this subsection to
the same extent that such provisions would apply to such procure-
ments in the absence of paragraph (1):
(A) Chapter 37 of title 40, United States Code (relating
to contract work hours and safety standards).
(B) Subsections (a) and (b) of section 7 of the Anti-Kickback
Act of 1986 (41 U.S.C. 57(a) and (b)).
(C) Section 2313 of title 10, United States Code (relating
to the examination of contractor records).
(3) The Secretary shall institute appropriate internal controls
for use of the authority under paragraph (1), including requirements
for documenting the justification for each use of such authority.
(d) DEPARTMENT OF DEFENSE FACILITIES AUTHORITY.—(1) If
the Secretary determines that it is necessary to acquire, lease,
construct, or improve laboratories, research facilities, and other
real property of the Department of Defense in order to carry out
the program under this section, the Secretary may do so using
the procedures set forth in paragraphs (2), (3), (4), and (5).
H. R. 1588—290
(2) The Secretary shall use existing construction authorities
provided by subchapter I of chapter 169 of title 10, United States
Code, to the maximum extent possible.
(3)(A) If the Secretary determines that use of authorities in
paragraph (2) would prevent the Department from meeting a spe-
cific facility requirement for the program, the Secretary shall submit
to the congressional defense committees advance notification, which
shall include the following:
(i) Certification by the Secretary that use of existing
construction authorities would prevent the Department from
meeting the specific facility requirement.
(ii) A detailed explanation of the reasons why existing
authorities cannot be used.
(iii) A justification of the facility requirement.
(iv) Construction project data and estimated cost.
(v) Identification of the source or sources of the funds
proposed to be expended.
(B) The facility project may be carried out only after the end
of the 21-day period beginning on the date the notification is
received by the congressional defense committees.
(4) If the Secretary determines: (A) that the facility is vital
to national security or to the protection of health, safety, or the
quality of the environment; and (B) the requirement for the facility
is so urgent that the advance notification in paragraph (3) and
the subsequent 21-day deferral of the facility project would threaten
the life, health, or safety of personnel, or would otherwise jeopardize
national security, the Secretary may obligate funds for the facility
and notify the congressional defense committees within seven days
after the date on which appropriated funds are obligated with
the information required in paragraph (3).
(5) The Secretary shall submit to the congressional defense
committees a quarterly report detailing any use of the authority
provided by paragraph (4), including costs incurred or to be incurred
by the United States as a result of the use of the authority.
(6) Nothing in this section shall be construed to authorize
the Secretary to acquire, construct, lease, or improve a facility
having general utility beyond the specific purposes of the program.
(7) In this subsection, the term ‘‘facility’’ has the meaning
given the term in section 2801(c) of title 10, United States Code.
(e) AUTHORITY FOR PERSONAL SERVICES CONTRACTS.—(1) Sub-
ject to paragraph (2), the authority provided by section 1091 of
title 10, United States Code, for personal services contracts to
carry out health care responsibilities in medical treatment facilities
of the Department of Defense shall also be available, subject to
the same terms and conditions, for personal services contracts to
carry out research and development activities under this section.
The number of individuals whose personal services are obtained
under this subsection may not exceed 30 at any time.
(2) The authority provided by such section 1091 may not be
used for a personal services contract unless the contracting officer
for the contract ensures that—
(A) the services to be procured are urgent or unique; and
(B) it would not be practicable for the Department of
Defense to obtain such services by other measures.
(f) STREAMLINED PERSONNEL AUTHORITY.—(1) The Secretary
may appoint highly qualified experts, including scientific and tech-
nical personnel, to carry out research and development under this
H. R. 1588—291
section in accordance with the authorities provided in section 342
of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103–337; 108 Stat. 2721), section 1101 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105–261), and section 1101 of this Act.
(2) The Secretary may use the authority under paragraph (1)
only upon a determination by the Secretary that use of such
authority is necessary to accelerate the research and development
under the program.
(3) The Secretary shall institute appropriate internal controls
for each use of the authority under paragraph (1).
SEC. 1602. PROCUREMENT OF DEFENSE BIOMEDICAL COUNTER-
MEASURES.
(a) DETERMINATION OF MATERIAL THREATS.—(1) The Secretary
of Defense (in this section referred to as the ‘‘Secretary’’) shall
on an ongoing basis—
(A) assess current and emerging threats of use of biological,
chemical, radiological, and nuclear agents; and
(B) identify, on the basis of such assessment, those agents
that present a material risk of use against the Armed Forces.
(2) The Secretary shall on an ongoing basis—
(A) assess the potential consequences to the health of mem-
bers of the Armed Forces of use against the Armed Forces
of the agents identified under paragraph (1)(B); and
(B) identify, on the basis of such assessment, those agents
for which countermeasures are necessary to protect the health
of members of the Armed Forces.
(b) ASSESSMENT
OF AVAILABILITY
AND APPROPRIATENESS
OF
COUNTERMEASURES.—The Secretary shall on an ongoing basis
assess the availability and appropriateness of specific counter-
measures to address specific threats identified under subsection
(a).
(c) SECRETARY’S DETERMINATION OF COUNTERMEASURES APPRO-
PRIATE FOR PROCUREMENT.—(1) The Secretary, in accordance with
paragraph (2), shall on an ongoing basis identify specific counter-
measures that the Secretary determines to be appropriate for
procurement for the Department of Defense stockpile of biomedical
countermeasures.
(2) The Secretary may not identify a specific countermeasure
under paragraph (1) unless the Secretary determines that—
(A) the countermeasure is a qualified countermeasure; and
(B) it is reasonable to expect that producing and delivering,
within 5 years, the quantity of that countermeasure required
to meet the needs of the Department (as determined by the
Secretary) is feasible.
(d) INTERAGENCY COOPERATION.—(1) Activities of the Secretary
under this section shall be carried out in regular, structured, and
close consultation and coordination with the Secretaries of Home-
land Security and Health and Human Services, including the activi-
ties described in subsections (a), (b), and (c) and those activities
with respect to interagency agreements described in paragraph
(2).
(2) The Secretary may enter into an interagency agreement
with the Secretaries of Homeland Security and Health and Human
Services to provide for acquisition by the Secretary of Defense
H. R. 1588—292
for use by the Armed Forces of biomedical countermeasures pro-
cured for the Strategic National Stockpile by the Secretary of Health
and Human Services. The Secretary may transfer such funds to
the Secretary of Health and Human Services as are necessary
to carry out such agreements (including administrative costs of
the Secretary of Health and Human Services), and the Secretary
of Health and Human Services may expend any such transferred
funds to procure such countermeasures for use by the Armed Forces,
or to replenish the stockpile. The Secretaries are authorized to
establish such terms and conditions for such agreements as the
Secretaries determine to be in the public interest. The transfer
authority provided under this paragraph is in addition to any
other transfer authority available to the Secretary.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘qualified countermeasure’’ means a bio-
medical countermeasure—
(A) that is approved under section 505(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355) or licensed
under section 351 of the Public Health Service Act (42
U.S.C. 262), or that is approved under section 515 or
cleared under section 510(k) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360e and 360) for use as
such a countermeasure to a biological, chemical, radio-
logical, or nuclear agent identified as a material threat
under subsection (a); or
(B) with respect to which the Secretary of Health and
Human Services makes a determination that sufficient and
satisfactory clinical experience or research data (including
data, if available, from preclinical and clinical trials) exists
to support a reasonable conclusion that the product will
qualify for such approval or licensing for use as such a
countermeasure.
(2) The term ‘‘biomedical countermeasure’’ means a drug
(as defined in section 201(g)(1) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(g)(1))), device (as defined
in section 201(h) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(h))), or biological product (as defined in
section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)))
that is—
(A) used to treat, identify, or prevent harm from any
biological, chemical, radiological, or nuclear agent that may
cause a military health emergency affecting the Armed
Forces; or
(B) used to treat, identify, or prevent harm from a
condition that may result in adverse health consequences
or death and may be caused by administering a drug or
biological product that is used as described in subparagraph
(A).
(3) The term ‘‘Strategic National Stockpile’’ means the
stockpile established under section 121(a) of the Public Health
and Bioterrorism Preparedness and Response Act of 2002 (42
U.S.C. 300hh–12(a)).
(f) FUNDING.—Of the amount authorized to be appropriated
for the Department of Defense and available within the transfer
authority established under section 1001 of this Act for fiscal year
2004 and for each fiscal year thereafter, such sums are authorized
H. R. 1588—293
as may be necessary for the costs incurred by the Secretary in
the procurement of countermeasures under this section.
SEC. 1603. AUTHORIZATION FOR MEDICAL PRODUCTS FOR USE IN
EMERGENCIES.
(a) IN GENERAL.—Subchapter E of chapter V of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended
by adding at the end the following section:
‘‘SEC. 564. AUTHORIZATION FOR MEDICAL PRODUCTS FOR USE IN
EMERGENCIES.
‘‘(a) IN GENERAL.—
‘‘(1) EMERGENCY
USES.—Notwithstanding sections 505,
510(k), and 515 of this Act and section 351 of the Public
Health Service Act, and subject to the provisions of this section,
the Secretary may authorize the introduction into interstate
commerce, during the effective period of a declaration under
subsection (b), of a drug, device, or biological product intended
for use in an actual or potential emergency (referred to in
this section as an ‘emergency use’).
‘‘(2) APPROVAL
STATUS
OF
PRODUCT.—An authorization
under paragraph (1) may authorize an emergency use of a
product that—
‘‘(A) is not approved, licensed, or cleared for commercial
distribution under a provision of law referred to in such
paragraph (referred to in this section as an ‘unapproved
product’); or
‘‘(B) is approved, licensed, or cleared under such a
provision, but which use is not under such provision an
approved, licensed, or cleared use of the product (referred
to in this section as an ‘unapproved use of an approved
product’).
‘‘(3) RELATION TO OTHER USES.—An emergency use author-
ized under paragraph (1) for a product is in addition to any
other use that is authorized for the product under a provision
of law referred to in such paragraph.
‘‘(4) DEFINITIONS.—For purposes of this section:
‘‘(A) The term ‘biological product’ has the meaning
given such term in section 351 of the Public Health Service
Act.
‘‘(B) The term ‘emergency use’ has the meaning
indicated for such term in paragraph (1).
‘‘(C) The term ‘product’ means a drug, device, or
biological product.
‘‘(D) The term ‘unapproved product’ has the meaning
indicated for such term in paragraph (2)(A).
‘‘(E) The term ‘unapproved use of an approved product’
has the meaning indicated for such term in paragraph
(2)(B).
‘‘(b) DECLARATION OF EMERGENCY.—
‘‘(1) IN GENERAL.—The Secretary may declare an emergency
justifying the authorization under this subsection for a product
on the basis of a determination by the Secretary of Defense
that there is a military emergency, or a significant potential
for a military emergency, involving a heightened risk to United
States military forces of attack with a specified biological, chem-
ical, radiological, or nuclear agent or agents.
‘‘(2) TERMINATION OF DECLARATION.—
H. R. 1588—294
‘‘(A) IN GENERAL.—A declaration under this subsection
shall terminate upon the earlier of—
‘‘(i) a determination by the Secretary, in consulta-
tion with the Secretary of Defense, that the cir-
cumstances described in paragraph (1) have ceased
to exist; or
‘‘(ii) the expiration of the one-year period beginning
on the date on which the declaration is made.
‘‘(B) RENEWAL.—Notwithstanding subparagraph (A),
the Secretary may renew a declaration under this sub-
section, and this paragraph shall apply to any such
renewal.
‘‘(C) DISPOSITION
OF
PRODUCT.—If an authorization
under this section with respect to an unapproved product
ceases to be effective as a result of a termination under
subparagraph (A) of this paragraph, the Secretary shall
consult with the manufacturer of such product with respect
to the appropriate disposition of the product.
‘‘(3) ADVANCE
NOTICE
OF
TERMINATION.—The Secretary
shall provide advance notice that a declaration under this sub-
section will be terminated. The period of advance notice shall
be a period reasonably determined to provide—
‘‘(A) in the case of an unapproved product, a sufficient
period for disposition of the product, including the return
of such product (except such quantities of product as are
necessary to provide for continued use consistent with sub-
section (f)(2)) to the manufacturer (in the case of a manufac-
turer that chooses to have such product returned); and
‘‘(B) in the case of an unapproved use of an approved
product, a sufficient period for the disposition of any
labeling, or any information under subsection (e)(2)(B)(ii),
as the case may be, that was provided with respect to
the emergency use involved.
‘‘(4) PUBLICATION.—The Secretary shall promptly publish
in the Federal Register each declaration, determination,
advance notice of termination, and renewal under this sub-
section.
‘‘(c) CRITERIA FOR ISSUANCE OF AUTHORIZATION.—The Secretary
may issue an authorization under this section with respect to the
emergency use of a product only if, after consultation with the
Director of the National Institutes of Health and the Director of
the Centers for Disease Control and Prevention (to the extent
feasible and appropriate given the circumstances of the emergency
involved), the Secretary concludes—
‘‘(1) that an agent specified in a declaration under sub-
section (b) can cause a serious or life-threatening disease or
condition;
‘‘(2) that, based on the totality of scientific evidence avail-
able to the Secretary, including data from adequate and well-
controlled clinical trials, if available, it is reasonable to believe
that—
‘‘(A) the product may be effective in diagnosing,
treating, or preventing—
‘‘(i) such disease or condition; or
‘‘(ii) a serious or life-threatening disease or condi-
tion caused by a product authorized under this section,
approved or cleared under this Act, or licensed under
H. R. 1588—295
section 351 of the Public Health Service Act, for diag-
nosing, treating, or preventing such a disease or condi-
tion caused by such an agent; and
‘‘(B) the known and potential benefits of the product,
when used to diagnose, prevent, or treat such disease or
condition, outweigh the known and potential risks of the
product;
‘‘(3) that there is no adequate, approved, and available
alternative to the product for diagnosing, preventing, or treating
such disease or condition; and
‘‘(4) that such other criteria as the Secretary may by regula-
tion prescribe are satisfied.
‘‘(d) SCOPE OF AUTHORIZATION.—An authorization of a product
under this section shall state—
‘‘(1) each disease or condition that the product may be
used to diagnose, prevent, or treat within the scope of the
authorization;
‘‘(2) the Secretary’s conclusions, made under subsection
(c)(2)(B), that the known and potential benefits of the product,
when used to diagnose, prevent, or treat such disease or condi-
tion, outweigh the known and potential risks of the product;
and
‘‘(3) the Secretary’s conclusions, made under subsection
(c), concerning the safety and potential effectiveness of the
product in diagnosing, preventing, or treating such diseases
or conditions, including an assessment of the available scientific
evidence.
‘‘(e) CONDITIONS OF AUTHORIZATION.—
‘‘(1) UNAPPROVED PRODUCT.—
‘‘(A) REQUIRED CONDITIONS.—With respect to the emer-
gency use of an unapproved product, the Secretary, to
the extent practicable given the circumstances of the emer-
gency, shall, for a person who carries out any activity
for which the authorization is issued, establish such condi-
tions on an authorization under this section as the Sec-
retary finds necessary or appropriate to protect the public
health, including the following:
‘‘(i) Appropriate conditions designed to ensure that
health care professionals administering the product
are informed—
‘‘(I) that the Secretary has authorized the
emergency use of the product;
‘‘(II) of the significant known and potential
benefits and risks of the emergency use of the
product, and of the extent to which such benefits
and risks are unknown; and
‘‘(III) of the alternatives to the product that
are available, and of their benefits and risks.
‘‘(ii) Appropriate conditions designed to ensure that
individuals to whom the product is administered are
informed—
‘‘(I) that the Secretary has authorized the
emergency use of the product;
‘‘(II) of the significant known and potential
benefits and risks of such use, and of the extent
to which such benefits and risks are unknown;
and
H. R. 1588—296
‘‘(III) of the option to accept or refuse adminis-
tration of the product, of the consequences, if any,
of refusing administration of the product, and of
the alternatives to the product that are available
and of their benefits and risks.
‘‘(iii) Appropriate conditions for the monitoring and
reporting of adverse events associated with the emer-
gency use of the product.
‘‘(iv) For manufacturers of the product, appropriate
conditions concerning recordkeeping and reporting,
including records access by the Secretary, with respect
to the emergency use of the product.
‘‘(B) AUTHORITY
FOR
ADDITIONAL
CONDITIONS.—With
respect to the emergency use of an unapproved product,
the Secretary may, for a person who carries out any activity
for which the authorization is issued, establish such condi-
tions on an authorization under this section as the Sec-
retary finds necessary or appropriate to protect the public
health, including the following:
‘‘(i) Appropriate conditions on which entities may
distribute the product with respect to the emergency
use of the product (including limitation to distribution
by government entities), and on how distribution is
to be performed.
‘‘(ii) Appropriate conditions on who may administer
the product with respect to the emergency use of the
product, and on the categories of individuals to whom,
and the circumstances under which, the product may
be administered with respect to such use.
‘‘(iii) Appropriate conditions with respect to the
collection and analysis of information, during the
period when the authorization is in effect, concerning
the safety and effectiveness of the product with respect
to the emergency use of such product.
‘‘(iv) For persons other than manufacturers of the
product, appropriate conditions concerning record-
keeping and reporting, including records access by the
Secretary, with respect to the emergency use of the
product.
‘‘(2) UNAPPROVED USE.—With respect to the emergency use
of a product that is an unapproved use of an approved product:
‘‘(A) For a manufacturer of the product who carries
out any activity for which the authorization is issued, the
Secretary shall, to the extent practicable given the cir-
cumstances 
of 
the 
emergency, 
establish 
conditions
described in clauses (i) and (ii) of paragraph (1)(A), and
may establish conditions described in clauses (iii) and (iv)
of such paragraph.
‘‘(B)(i) If the authorization under this section regarding
the emergency use authorizes a change in the labeling
of the product, but the manufacturer of the product chooses
not to make such change, such authorization may not
authorize distributors of the product or any other person
to alter or obscure the labeling provided by the manufac-
turer.
‘‘(ii) In the circumstances described in clause (i), for
a person who does not manufacture the product and who
H. R. 1588—297
chooses to act under this clause, an authorization under
this section regarding the emergency use shall, to the
extent practicable given the circumstances of the emer-
gency, authorize such person to provide appropriate
information with respect to such product in addition to
the labeling provided by the manufacturer, subject to
compliance with clause (i). While the authorization under
this section is effective, such additional information shall
not be considered labeling for purposes of section 502.
‘‘(C) The Secretary may establish with respect to the
distribution and administration of the product for the
unapproved use conditions no more restrictive than those
established by the Secretary with respect to the distribution
and administration of the product for the approved use.
‘‘(3) GOOD MANUFACTURING PRACTICE.—With respect to the
emergency use of a product for which an authorization under
this section is issued (whether an unapproved product or an
unapproved use of an approved product), the Secretary may
waive or limit, to the extent appropriate given the cir-
cumstances of the emergency, requirements regarding current
good manufacturing practice otherwise applicable to the manu-
facture, processing, packing, or holding of products subject to
regulation under this Act, including such requirements estab-
lished under section 501.
‘‘(4) ADVERTISING.—The Secretary may establish conditions
on advertisements and other promotional descriptive printed
matter that relate to the emergency use of a product for which
an authorization under this section is issued (whether an
unapproved product or an unapproved use of an approved
product), including, as appropriate—
‘‘(A) with respect to drugs and biological products,
requirements applicable to prescription drugs pursuant to
section 502(n); or
‘‘(B) with respect to devices, requirements applicable
to restricted devices pursuant to section 502(r).
‘‘(f) DURATION OF AUTHORIZATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
an authorization under this section shall be effective until
the earlier of the termination of the declaration under sub-
section (b) or a revocation under subsection (g).
‘‘(2) CONTINUED USE AFTER END OF EFFECTIVE PERIOD.—
Notwithstanding the termination of the declaration under sub-
section (b) or a revocation under subsection (g), an authorization
shall continue to be effective to provide for continued use of
an unapproved product with respect to a patient to whom
it was administered during the period described by paragraph
(1), to the extent found necessary by such patient’s attending
physician.
‘‘(g) REVOCATION OF AUTHORIZATION.—
‘‘(1) REVIEW.—The Secretary shall periodically review the
circumstances and the appropriateness of an authorization
under this section.
‘‘(2) REVOCATION.—The Secretary may revoke an authoriza-
tion under this section if the criteria under subsection (c) for
issuance of such authorization are no longer met or other
circumstances make such revocation appropriate to protect the
public health or safety.
H. R. 1588—298
‘‘(h) PUBLICATION; CONFIDENTIAL INFORMATION.—
‘‘(1) PUBLICATION.—The Secretary shall promptly publish
in the Federal Register a notice of each authorization, and
each termination or revocation of an authorization under this
section, and an explanation of the reasons therefor (which
may include a summary of data or information that has been
submitted to the Secretary in an application under section
505(i) or section 520(g), even if such summary may indirectly
reveal the existence of such application).
‘‘(2) CONFIDENTIAL INFORMATION.—Nothing in this section
alters or amends section 1905 of title 18, United States Code,
or section 552(b)(4) of title 5 of such Code.
‘‘(i) ACTIONS COMMITTED
TO AGENCY DISCRETION.—Actions
under the authority of this section by the Secretary or by the
Secretary of Defense are committed to agency discretion.
‘‘(j) RULES
OF CONSTRUCTION.—The following applies with
respect to this section:
‘‘(1) Nothing in this section impairs the authority of the
President as Commander in Chief of the Armed Forces of
the United States under article II, section 2 of the United
States Constitution.
‘‘(2) Nothing in this section impairs the authority of the
Secretary of Defense with respect to the Department of Defense,
including the armed forces, under other provisions of Federal
law.
‘‘(3) Nothing in this section (including any exercise of
authority by a manufacturer under subsection (e)(2)) impairs
the authority of the United States to use or manage quantities
of a product that are owned or controlled by the United States
(including quantities in the stockpile maintained under section
319F–2 of the Public Health Service Act).
‘‘(k) RELATION TO OTHER PROVISIONS.—If a product is the sub-
ject of an authorization under this section, the use of such product
within the scope of the authorization shall not be considered to
constitute a clinical investigation for purposes of section 505(i),
section 520(g), or any other provision of this Act or section 351
of the Public Health Service Act.
‘‘(l) OPTION TO CARRY OUT AUTHORIZED ACTIVITIES.—Nothing
in this section provides the Secretary any authority to require
any person to carry out any activity that becomes lawful pursuant
to an authorization under this section, and no person is required
to inform the Secretary that the person will not be carrying out
such activity, except that a manufacturer of a sole-source
unapproved product authorized for emergency use shall report to
the Secretary within a reasonable period of time after the issuance
by the Secretary of such authorization if such manufacturer does
not intend to carry out any activity under the authorization. This
section only has legal effect on a person who carries out an activity
for which an authorization under this section is issued. This section
does not modify or affect activities carried out pursuant to other
provisions of this Act or section 351 of the Public Health Service
Act. Nothing in this subsection may be construed as restricting
the Secretary from imposing conditions on persons who carry out
any activity pursuant to an authorization under this section.’’.
(b) EMERGENCY USE PRODUCTS.—(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1107
the following new section:
H. R. 1588—299
‘‘§ 1107a. Emergency use products
‘‘(a) WAIVER BY THE PRESIDENT.—In the case of the administra-
tion of a product authorized for emergency use under section 564
of the Federal Food, Drug, and Cosmetic Act to members of the
armed forces, the condition described in section 564(e)(1)(A)(ii)(III)
of such Act and required under paragraph (1)(A) or (2)(A) of such
section 564(e), designed to ensure that individuals are informed
of an option to accept or refuse administration of a product, may
be waived only by the President only if the President determines,
in writing, that complying with such requirement is not feasible,
is contrary to the best interests of the members affected, or is
not in the interests of national security.
‘‘(b) PROVISION OF INFORMATION.—If the President, under sub-
section 
(a), 
waives 
the 
condition 
described 
in 
section
564(e)(1)(A)(ii)(III) of the Federal Food, Drug, and Cosmetic Act,
and if the Secretary of Defense, in consultation with the Secretary
of Health and Human Services, makes a determination that it
is not feasible based on time limitations for the information
described in section 564(e)(1)(A)(ii)(I) or (II) of such Act and required
under paragraph (1)(A) or (2)(A) of such section 564(e), to be pro-
vided to a member of the armed forces prior to the administration
of the product, such information shall be provided to such member
of the armed forces (or next-of-kin in the case of the death of
a member) to whom the product was administered as soon as
possible, but not later than 30 days, after such administration.
The authority provided for in this subsection may not be delegated.
Information concerning the administration of the product shall be
recorded in the medical record of the member.
‘‘(c) APPLICABILITY OF OTHER PROVISIONS.—In the case of an
authorization by the Secretary of Health and Human Services under
section 564(a)(1) of the Federal Food, Drug, and Cosmetic Act
based on a determination by the Secretary of Defense under section
564(b)(1)(B) of such Act, subsections (a) through (f) of section 1107
shall not apply to the use of a product that is the subject of
such authorization, within the scope of such authorization and
while such authorization is effective.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1107
the following new item:
‘‘1107a. Emergency use products.’’.
(c) ENFORCEMENT.—Section 301(d) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331(d)) is amended by striking ‘‘section
404 or 505’’ and inserting ‘‘section 404, 505, or 564’’. Section 301(e)
of such Act is amended by inserting ‘‘564,’’ after ‘‘504,’’ the first
place such term appears, and by striking ‘‘or 519’’ and inserting
‘‘519, or 564’’.
(d) TERMINATION.—This section shall not be in effect (and the
law shall read as if this section were never enacted) as of the
date on which, following enactment of the Project Bioshield Act
of 2003, the President submits to Congress a notification that
the Project Bioshield Act of 2003 provides an effective emergency
use authority with respect to members of the Armed Forces.
H. R. 1588—300
TITLE 
XVII—NATURALIZATION 
AND
OTHER IMMIGRATION BENEFITS FOR
MILITARY PERSONNEL AND FAMILIES
Sec. 1701. Requirements for naturalization through service in the Armed Forces of
the United States.
Sec. 1702. Naturalization benefits for members of the Selected Reserve of the
Ready Reserve.
Sec. 1703. Extension of posthumous benefits to surviving spouses, children, and
parents.
Sec. 1704. Expedited process for granting posthumous citizenship to members of
the Armed Forces.
Sec. 1705. Effective date.
SEC. 1701. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE
IN THE ARMED FORCES OF THE UNITED STATES.
(a) REDUCTION
OF PERIOD
FOR REQUIRED SERVICE.—Section
328(a) of the Immigration and Nationality Act (8 U.S.C. 1439(a))
is amended by striking ‘‘three years,’’ and inserting ‘‘one year,’’.
(b) PROHIBITION ON IMPOSITION OF FEES RELATING TO NATU-
RALIZATION.—Title III of the Immigration and Nationality Act (8
U.S.C. 1401 et seq.) is amended—
(1) in section 328(b)—
(A) in paragraph (3)—
(i) by striking ‘‘honorable. The’’ and inserting
‘‘honorable (the’’; and
(ii) by striking ‘‘discharge.’’ and inserting ‘‘dis-
charge); and’’; and
(B) by adding at the end the following:
‘‘(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the applicant for filing the
application, or for the issuance of a certificate of naturalization
upon being granted citizenship, and no clerk of any State
court shall charge or collect any fee for such services unless
the laws of the State require such charge to be made, in
which case nothing more than the portion of the fee required
to be paid to the State shall be charged or collected.’’; and
(2) in section 329(b)—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the applicant for filing a
petition for naturalization or for the issuance of a certificate
of naturalization upon citizenship being granted to the
applicant, and no clerk of any State court shall charge or
collect any fee for such services unless the laws of the State
require such charge to be made, in which case nothing more
than the portion of the fee required to be paid to the State
shall be charged or collected.’’.
(c) REVOCATION OF CITIZENSHIP FOR SEPARATION FROM MILI-
TARY SERVICE UNDER OTHER THAN HONORABLE CONDITIONS.—
(1) IN GENERAL.—Title III of the Immigration and Nation-
ality Act (8 U.S.C. 1401 et seq.) is amended—
(A) by adding at the end of section 328 the following:
H. R. 1588—301
‘‘(f) Citizenship granted pursuant to this section may be revoked
in accordance with section 340 if the person is separated from
the Armed Forces under other than honorable conditions before
the person has served honorably for a period or periods aggregating
five years. Such ground for revocation shall be in addition to any
other provided by law, including the grounds described in section
340. The fact that the naturalized person was separated from the
service under other than honorable conditions shall be proved by
a duly authenticated certification from the executive department
under which the person was serving at the time of separation.
Any period or periods of service shall be proved by duly authenti-
cated copies of the records of the executive departments having
custody of the records of such service.’’; and
(B) by amending section 329(c) to read as follows:
‘‘(c) Citizenship granted pursuant to this section may be revoked
in accordance with section 340 if the person is separated from
the Armed Forces under other than honorable conditions before
the person has served honorably for a period or periods aggregating
five years. Such ground for revocation shall be in addition to any
other provided by law, including the grounds described in section
340. The fact that the naturalized person was separated from the
service under other than honorable conditions shall be proved by
a duly authenticated certification from the executive department
under which the person was serving at the time of separation.
Any period or periods of service shall be proved by duly authenti-
cated copies of the records of the executive departments having
custody of the records of such service.’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall apply to citizenship granted on or after the date
of the enactment of this Act.
(d) NATURALIZATION PROCEEDINGS OVERSEAS FOR MEMBERS OF
THE ARMED FORCES.—Notwithstanding any other provision of law,
the Secretary of Homeland Security, the Secretary of State, and
the Secretary of Defense shall ensure that any applications, inter-
views, filings, oaths, ceremonies, or other proceedings under title
III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.)
relating to naturalization of members of the Armed Forces are
available through United States embassies, consulates, and as prac-
ticable, United States military installations overseas.
(e) FINALIZATION OF NATURALIZATION PROCEEDINGS FOR MEM-
BERS OF THE ARMED FORCES.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
prescribe a policy that facilitates the opportunity for a member
of the Armed Forces to finalize naturalization for which the member
has applied. The policy shall include, for such purpose, the following:
(1) A high priority for grant of emergency leave.
(2) A high priority for transportation on aircraft of, or
chartered by, the Armed Forces.
(f) 
TECHNICAL
AND
CONFORMING
AMENDMENT.—Section
328(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1439(b)(3)) is amended by striking ‘‘Attorney General’’ and inserting
‘‘Secretary of Homeland Security’’.
H. R. 1588—302
SEC. 1702. NATURALIZATION BENEFITS FOR MEMBERS OF THE
SELECTED RESERVE OF THE READY RESERVE.
Section 329(a) of the Immigration and Nationality Act (8 U.S.C.
1440(a)) is amended by inserting ‘‘as a member of the Selected
Reserve of the Ready Reserve or’’ after ‘‘has served honorably’’.
SEC. 1703. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING
SPOUSES, CHILDREN, AND PARENTS.
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) SPOUSES.—Notwithstanding the second sentence of sec-
tion 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was the
spouse of a citizen of the United States at the time of the
citizen’s death and was not legally separated from the citizen
at the time of the citizen’s death, if the citizen served honorably
in an active duty status in the military, air, or naval forces
of the United States and died as a result of injury or disease
incurred in or aggravated by combat, the alien (and each child
of the alien) shall be considered, for purposes of section 201(b)
of such Act, to remain an immediate relative after the date
of the citizen’s death, but only if the alien files a petition
under section 204(a)(1)(A)(ii) of such Act within 2 years after
such date and only until the date the alien remarries. For
purposes of such section 204(a)(1)(A)(ii), an alien granted relief
under the preceding sentence shall be considered an alien
spouse described in the second sentence of section 201(b)(2)(A)(i)
of such Act.
(2) CHILDREN.—
(A) IN GENERAL.—In the case of an alien who was
the child of a citizen of the United States at the time
of the citizen’s death, if the citizen served honorably in
an active duty status in the military, air, or naval forces
of the United States and died as a result of injury or
disease incurred in or aggravated by combat, the alien
shall be considered, for purposes of section 201(b) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)), to
remain an immediate relative after the date of the citizen’s
death (regardless of changes in age or marital status there-
after), but only if the alien files a petition under subpara-
graph (B) within 2 years after such date.
(B) PETITIONS.—An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such
a petition shall be considered a petition filed under section
204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
(3) PARENTS.—
(A) IN GENERAL.—In the case of an alien who was
the parent of a citizen of the United States at the time
of the citizen’s death, if the citizen served honorably in
an active duty status in the military, air, or naval forces
of the United States and died as a result of injury or
disease incurred in or aggravated by combat, the alien
shall be considered, for purposes of section 201(b) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)), to
remain an immediate relative after the date of the citizen’s
H. R. 1588—303
death (regardless of changes in age or marital status there-
after), but only if the alien files a petition under subpara-
graph (B) within 2 years after such date.
(B) PETITIONS.—An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, such
a petition shall be considered a petition filed under section
204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
(C) 
EXCEPTION.—Notwithstanding 
section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)), for purposes of this paragraph, a
citizen described in subparagraph (A) does not have to
be 21 years of age for a parent to benefit under this
paragraph.
(b) APPLICATIONS FOR ADJUSTMENT OF STATUS BY SURVIVING
SPOUSES, CHILDREN, AND PARENTS.—
(1) IN GENERAL.—Notwithstanding subsections (a) and (c)
of section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), any alien who was the spouse, child, or parent of an
alien described in paragraph (2), and who applied for adjust-
ment of status prior to the death described in paragraph (2)(B),
may have such application adjudicated as if such death had
not occurred.
(2) ALIEN DESCRIBED.—An alien is described in this para-
graph if the alien—
(A) served honorably in an active duty status in the
military, air, or naval forces of the United States;
(B) died as a result of injury or disease incurred in
or aggravated by combat; and
(C) was granted posthumous citizenship under section
329A of the Immigration and Nationality Act (8 U.S.C.
1440–1).
(c) SPOUSES AND CHILDREN OF LAWFUL PERMANENT RESIDENT
ALIENS.—
(1) TREATMENT AS IMMEDIATE RELATIVES.—
(A) IN
GENERAL.—A spouse or child of an alien
described in paragraph (3) who is included in a petition
for classification as a family-sponsored immigrant under
section 203(a)(2) of the Immigration and Nationality Act
(8 U.S.C. 1153(a)(2)) that was filed by such alien, shall
be considered (if the spouse or child has not been admitted
or approved for lawful permanent residence by such date)
a valid petitioner for immediate relative status under sec-
tion 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall be
eligible for deferred action, advance parole, and work
authorization.
(B) PETITIONS.—An alien spouse or child described in
subparagraph (A) may file a petition with the Secretary
of Homeland Security for classification of the alien under
section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
H. R. 1588—305
(2) by striking ‘‘Attorney General’’ each place that term
appears and inserting ‘‘Secretary of Homeland Security’’.
(h) TECHNICAL AND CONFORMING AMENDMENTS.—Section 319(d)
of the Immigration and Nationality Act (8 U.S.C. 1430(d)) is
amended—
(1) by inserting ‘‘, child, or parent’’ after ‘‘surviving spouse’’;
(2) by inserting ‘‘, parent, or child’’ after ‘‘whose citizen
spouse’’; and
(3) by striking ‘‘who was living’’ and inserting ‘‘who, in
the case of a surviving spouse, was living’’.
SEC. 1704. EXPEDITED PROCESS FOR GRANTING POSTHUMOUS CITI-
ZENSHIP TO MEMBERS OF THE ARMED FORCES.
Section 329A of the Immigration and Nationality Act (8 U.S.C.
1440–1) is amended—
(1) by striking subsection (c) and inserting the following:
‘‘(c) REQUESTS FOR POSTHUMOUS CITIZENSHIP.—
‘‘(1) IN GENERAL.—A request for the granting of posthumous
citizenship to a person described in subsection (b) may be
filed on behalf of that person—
‘‘(A) upon locating the next-of-kin, and if so requested
by the next-of-kin, by the Secretary of Defense or the
Secretary’s designee with the Bureau of Citizenship and
Immigration Services in the Department of Homeland Secu-
rity immediately upon the death of that person; or
‘‘(B) by the next-of-kin.
‘‘(2) APPROVAL.—The Director of the Bureau of Citizenship
and Immigration Services shall approve a request for post-
humous citizenship filed by the next-of-kin in accordance with
paragraph (1)(B) if—
‘‘(A) the request is filed not later than 2 years after—
‘‘(i) the date of enactment of this section; or
‘‘(ii) the date of the person’s death;
whichever date is later;
‘‘(B) the request is accompanied by a duly authenti-
cated certificate from the executive department under
which the person served which states that the person satis-
fied the requirements of paragraphs (1) and (2) of sub-
section (b); and
‘‘(C) the Director finds that the person satisfied the
requirement of subsection (b)(3).’’; and
(2) by striking subsection (d) and inserting the following:
‘‘(d) DOCUMENTATION
OF POSTHUMOUS CITIZENSHIP.—If the
Director of the Bureau of Citizenship and Immigration Services
approves the request referred to in subsection (c), the Director
shall send to the next-of-kin of the person who is granted citizen-
ship, a suitable document which states that the United States
considers the person to have been a citizen of the United States
at the time of the person’s death.’’.
SEC. 1705. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection (b), this
title and the amendments made by this title shall take effect
as if enacted on September 11, 2001.
(b) EXCEPTION.—The amendments made by sections 1701(b)
(relating to naturalization fees) and 1701(d) (relating to naturaliza-
tion proceedings overseas) shall take effect on October 1, 2004.
H. R. 1588—306
DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construction
Authorization Act for Fiscal Year 2004’’.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Termination or modification of authority to carry out certain fiscal year
2003 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 2002 projects.
Sec. 2107. Termination or modification of authority to carry out certain fiscal year
2001 projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the installations
and locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
State
Installation or location
Amount
Alabama .............................
Redstone Arsenal .........................
$5,500,000
Alaska .................................
Fort Richardson ...........................
$2,500,000
Fort Wainwright ..........................
$138,800,000
Colorado .............................
Fort Carson ..................................
$2,150,000
Georgia ...............................
Fort Benning ................................
$34,500,000
Fort Gordon .................................
$4,350,000
Fort Stewart/Hunter Army Air
Field ..........................................
$113,500,000
Hawaii ................................
Helemano Military Reservation
$1,400,000
Schofield Barracks ......................
$128,100,000
Kansas ................................
Fort Leavenworth ........................
$115,000,000
Fort Riley .....................................
$40,000,000
Kentucky ............................
Fort Knox .....................................
$13,500,000
Louisiana ............................
Fort Polk ......................................
$72,000,000
Maryland ............................
Fort Meade ...................................
$9,600,000
Massachusetts ...................
Soldier Systems Center, Natick
$5,500,000
New Jersey .........................
Naval Air Engineering Center,
Lakehurst .................................
$2,250,000
Picatinny Arsenal ........................
$8,000,000
New York ...........................
Fort Drum ....................................
$130,700,000
North Carolina ...................
Fort Bragg ....................................
$125,400,000
Oklahoma ...........................
Fort Sill ........................................
$5,500,000
Texas ..................................
Fort Bliss .....................................
$5,400,000
Fort Hood .....................................
$49,800,000
Virginia ..............................
Fort Belvoir ..................................
$7,000,000
Fort Lee ........................................
$3,850,000
Fort Myer .....................................
$9,000,000
H. R. 1588—307
Army: Inside the United States—Continued
State
Installation or location
Amount
Washington ........................
Fort Lewis ....................................
$3,900,000
Total ......................................
$1,037,200,000
(b) OUTSIDE THE UNITED STATES.—Subject to subsection (c),
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(2), the Secretary of the Army may
acquire real property and carry out military construction projects
for the installations and locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
Country
Installation or location
Amount
Germany ...............................
Grafenwoehr ..................................
$76,000,000
Vilseck ............................................
$31,000,000
Italy ......................................
Aviano Air Base .............................
$28,500,000
Livorno ...........................................
$22,000,000
Korea ....................................
Camp Humphreys .........................
$65,000,000
Kwajalein .............................
Kwajalein .......................................
$9,400,000
Total ...............................................
$231,900,000
SEC. 2102. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations, for the purposes, and in the amounts
set forth in the following table:
Army: Family Housing
State or Country
Installation or location
Purpose
Amount
Alaska .........................
Fort Wainwright .............
140 Units ....
$64,000,000
Arizona ........................
Fort Huachuca ................
220 Units ....
$41,000,000
Kansas ........................
Fort Riley ........................
62 Units ....
$16,700,000
Kentucky .....................
Fort Knox ........................
178 Units ....
$41,000,000
New Mexico ................
White Sands Missile
Range ...........................
58 Units ....
$14,600,000
Oklahoma ...................
Fort Sill ...........................
120 Units ....
$25,373,000
Virginia .......................
Fort Lee ...........................
90 Units ....
$18,000,000
Total: ....
$220,673,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units
in an amount not to exceed $34,488,000.
H. R. 1588—308
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(5)(A), the Secretary of the Army may
improve existing military family housing units in an amount not
to exceed $130,430,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2003, for
military construction, land acquisition, and military family housing
functions of the Department of the Army in the total amount
of $2,874,856,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $825,200,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $213,000,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $32,606,000.
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$126,833,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $383,591,000.
(B) For support of military family housing (including
the functions described in section 2833 of title 10, United
States Code), $1,043,026,000.
(6) For the construction of phase 3 of Saddle Access Road,
Pohakoula Training Facility, Hawaii, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398; 114 Stat. 1654A–389)), as
amended by section 2107 of this Act, $17,000,000.
(7) For the construction of phase 4 of a barracks complex,
Butner Road, at Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2001 (division B of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001, as enacted
into law by Public Law 106–398; 114 Stat. 1654A–389), as
amended by section 2107 of this Act, $38,000,000.
(8) For the construction of phase 3 of a barracks complex,
D Street, at Fort Richardson, Alaska, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat.
1280), as amended by section 2106 of this Act, $33,000,000.
(9) For the construction of phase 3 of a barracks complex,
17th and B Streets, at Fort Lewis, Washington, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2002 (division B of Public Law 107–107;
115 Stat. 1280), $48,000,000.
(10) For the construction of phase 2 of a barracks complex,
Capron Road, at Schofield Barracks, Hawaii, authorized by
section 2101(a) of the Military Construction Authorization Act
H. R. 1588—309
for Fiscal Year 2003 (division B of Public Law 107–314; 116
Stat. 2681), $49,000,000.
(11) For the construction of phase 2 of a combined arms
collective training facility at Fort Riley, Kansas, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107–314;
116 Stat. 2681), as amended by section 2105 of this Act,
$13,600,000.
(12) For the construction of phase 2 of a barracks complex,
Range Road, at Fort Campbell, Kentucky, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat.
2681), $49,000,000.
(13) For the construction of phase 2 of a consolidated
maintenance complex at Fort Sill, Oklahoma, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107–314; 116
Stat. 2681), $13,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2101 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $32,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks, Fort
Stewart/Hunter Army Airfield, Georgia).
(3) $87,000,000 (the balance of the amount authorized
under section 2101(a) for construction of the Lewis and Clark
Instructional Facility, Fort Leavenworth, Kansas).
(4) $43,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex,
Wheeler Army Airfield, Fort Drum, New York).
(5) $50,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex,
Bastogne Drive, Fort Bragg, North Carolina).
(6) $18,900,000 (the balance of the amount authorized
under section 2101(b) for construction of a barracks complex,
Vilseck, Germany).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (13) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $10,000,000, which represents corrections
to Department of the Army estimates for military family housing
support.
SEC. 2105. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2003 PROJECTS.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.—
The table in subsection (a) of section 2101 of the Military Construc-
tion Authorization Act for Fiscal Year 2003 (division B of Public
Law 107–314; 116 Stat. 2681) is amended—
(1) in the item relating to Fort Riley, Kansas, by striking
‘‘$81,095,000’’ 
in 
the 
amount 
column 
and 
inserting
‘‘$81,495,000’’; and
H. R. 1588—312
(B) in paragraph (2), by striking ‘‘$119,850,000’’ and
inserting ‘‘$100,350,000’’; and
(2) in subsection (b)—
(A) in paragraph (5), by striking ‘‘$104,000,000’’ and
inserting ‘‘$137,000,000’’; and
(B) in paragraph (7), by striking ‘‘$20,000,000’’ and
inserting ‘‘$30,000,000’’.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Termination of authority to carry out certain fiscal year 2003 projects.
Sec. 2206. Termination or modification of authority to carry out certain fiscal year
2002 projects.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the installations
and locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
State
Installation or location
Amount
Arizona .........................
Marine Corps Air Station, Yuma .......
$22,230,000
California .....................
Marine Corps Air-Ground Task Force
Training 
Center, 
Twentynine
Palms ................................................
$42,090,000
Marine Corps Air Station, Miramar ..
$7,640,000
Marine Corps Base, Camp Pendleton
$73,580,000
Naval Air Facility, San Clemente Is-
land ...................................................
$18,940,000
Naval Air Station, Lemoore ................
$34,510,000
Naval Air Station, North Island .........
$49,240,000
Naval Air Warfare Center, Point
Mugu, San Nicholas Island .............
$6,150,000
Naval Postgraduate School, Monterey
$42,560,000
Naval Station, San Diego ....................
$49,710,000
Connecticut ..................
Naval Submarine Base, New London
$3,120,000
District of Columbia ....
Marine Corps Barracks .......................
$1,550,000
Florida ..........................
Blount Island (Jacksonville) ...............
$115,711,000
Naval Air Station, Jacksonville ..........
$9,190,000
Naval Air Station, Whiting Field,
Milton ................................................
$4,830,000
Naval 
Surface 
Warfare 
Center,
Coastal Systems Station, Panama
City ....................................................
$9,550,000
Georgia .........................
Strategic Weapons Facility Atlantic,
Kings Bay .........................................
$11,510,000
Hawaii ..........................
Fleet and Industrial Supply Center,
Pearl Harbor .....................................
$32,180,000
Naval Magazine, Lualualei .................
$6,320,000
Naval Shipyard, Pearl Harbor ............
$7,010,000
Illinois ..........................
Naval Training Center, Great Lakes
$137,120,000
H. R. 1588—313
Navy: Inside the United States—Continued
State
Installation or location
Amount
Indiana .........................
Naval Surface Warfare Center, Crane
$11,400,000
Maryland .....................
Naval Air Warfare Center, Patuxent
River ..................................................
$28,270,000
Naval Surface Warfare Center, In-
dian Head .........................................
$14,850,000
Mississippi ...................
Naval Air Station, Meridian ...............
$4,570,000
New Jersey ..................
Naval Air Warfare Center, Lakehurst
$20,681,000
Naval Weapons Station, Earle ...........
$123,720,000
North Carolina ............
Marine Corps Air Station, New River
$6,240,000
Marine Corps Base, Camp Lejeune ....
$29,450,000
Rhode Island ................
Naval Station, Newport ......................
$18,690,000
Naval 
Undersea 
Warfare 
Center,
Newport ............................................
$10,890,000
South Carolina ............
Naval Weapons Station, Charleston ..
$2,350,000
Texas ............................
Naval Air Station, Corpus Christi .....
$5,400,000
Naval Station, Ingleside ......................
$7,070,000
Virginia ........................
Henderson Hall, Arlington ..................
$1,970,000
Marine Corps Combat Development
Command, Quantico ........................
$18,120,000
Naval Air Station, Oceana ..................
$10,000,000
Naval Amphibious Base, Little Creek
$3,810,000
Naval Space Command Center, Dahl-
gren ...................................................
$24,020,000
Naval Station, Norfolk ........................
$182,240,000
Norfolk Naval Shipyard, Portsmouth
$17,770,000
Washington ..................
Naval Air Station, Whidbey Island ....
$4,650,000
Naval Magazine, Indian Island ..........
$2,240,000
Naval Shipyard, Puget Sound ............
$6,020,000
Naval Submarine Base, Bangor .........
$33,820,000
Strategic Weapons Facility Pacific,
Bangor ...............................................
$6,530,000
Various Locations ........
Various Locations, CONUS ................
$56,360,000
Total ..............................................
$1,335,872,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the locations outside
the United States, and in the amounts, set forth in the following
table:
Navy: Outside the United States
Country
Installation or location
Amount
Bahrain ........................
Naval Support Activity, Bahrain .........
$18,030,000
Guam ............................
Commander, 
United 
States 
Naval
Forces, Marianas ................................
$1,700,000
Italy ..............................
Naval Air Station, Sigonella .................
$34,070,000
Naval Support Activity, La Maddalena
$39,020,000
Total ................................................
$92,820,000
SEC. 2202. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
H. R. 1588—314
family housing units (including land acquisition and supporting
facilities) at the installations, for the purposes, and in the amounts
set forth in the following table:
Navy: Family Housing
State or Country
Installation or location
Purpose
Amount
California ....................
Naval Air Station,
Lemoore .......................
187 Units ....
$41,585,000
Florida .........................
Naval Air Station, Pen-
sacola ...........................
25 Units ......
$4,447,000
North Carolina ...........
Marine Corps Air Sta-
tion, Cherry Point .......
339 Units ....
$42,803,000
Marine Corps Base,
Camp Lejeune .............
519 Units ....
$68,531,000
Total .....
$157,366,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriation in section
2204(a)(5)(A), the Secretary of the Navy may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of military family
housing units in an amount not to exceed $8,381,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(5)(A), the Secretary of the Navy may
improve existing military family housing units in an amount not
to exceed $20,446,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2003, for
military construction, land acquisition, and military family housing
functions of the Department of the Navy in the total amount of
$2,267,729,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $1,001,092,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $92,820,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $14,585,000.
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$71,001,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $184,193,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $845,078,000.
(6) For construction of a bachelors enlisted quarters ship-
board ashore at Naval Shipyard Norfolk, Virginia, authorized
by section 2201(a) of the Military Construction Authorization
H. R. 1588—315
Act for Fiscal Year 2003 (division B of Public Law 107–314;
116 Stat. 2687), $46,730,000.
(7) For construction of phase III of a combined propulsion
and explosives lab at Naval Air Warfare Center, China Lake,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107–107; 115 Stat. 1289), as amended by
section 2206 of this Act, $12,230,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2201 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $25,690,000 (the balance of the amount authorized
under section 2101(a) for construction of a tertiary sewage
treatment facility, Marine Corp Base, Camp Pendleton, Cali-
fornia).
(3) $58,190,000 (the balance of the amount authorized
under section 2101(a) for construction of a battle station
training facility, Naval Training Center, Great Lakes, Illinois).
(4) $96,980,000 (the balance of the amount authorized
under section 2101(a) for construction of a general purpose
berthing pier, Naval Weapons Station Earle, New Jersey).
(5) $118,170,000 (the balance of the amount authorized
under section 2101(a) for construction of the Pier 11 replace-
ment, Naval Station, Norfolk, Virginia).
(6) $28,750,000 (the balance of the amount authorized
under section 2101(a) for construction of outlying landing field
facilities, various locations in the continental United States).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (7) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $10,000,000, which represents corrections
to Department of the Navy estimates for military family housing
support.
SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2003 PROJECTS.
(a) TERMINATION OF INSIDE THE UNITED STATES PROJECTS.—
The table in subsection (a) of section 2201 of the Military Construc-
tion Authorization Act for Fiscal Year 2003 (division B of Public
Law 107–314; 116 Stat. 2686) is amended—
(1) by striking the item relating to Naval Air Warfare
Center, China Lake, California;
(2) by striking the item relating to Marine Corps Air Sta-
tion, Cherry Point, North Carolina; and
(3) by striking the amount identified as the total in the
amount column and inserting ‘‘$1,068,223,000’’.
(b) TERMINATION OF OUTSIDE THE UNITED STATES PROJECTS.—
The table in subsection (b) of such section is amended—
(1) by striking the item relating to Naval Support Activity,
Joint Headquarters Command, Larissa, Greece;
(2) by striking the item relating to Naval Air Station,
Keflavik, Iceland; and
H. R. 1588—316
(3) by striking the amount identified as the total in the
amount column and inserting ‘‘$129,100,000’’.
(c) TERMINATION OF MILITARY FAMILY HOUSING PROJECT.—The
table in section 2202(a) of that Act (116 Stat. 2688) is amended—
(1) by striking the item relating to the Joint Maritime
Facility, St. Mawgan, United Kingdom; and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$210,195,000’’.
(d) CONFORMING AMENDMENTS.—Section 2204 of that Act (116
Stat. 2688) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘$2,576,381,000’’ and inserting ‘‘$2,530,097,000’’;
(B) in paragraph (1), by striking ‘‘$1,025,598,000’’ and
inserting ‘‘$1,009,458,000’’;
(C) in paragraph (2), by striking ‘‘$148,250,000’’ and
inserting ‘‘$126,530,000’’;
(D) in paragraph (5)(A), by striking ‘‘$379,468,000’’ and
inserting ‘‘$360,944,000’’; and
(E) by adding at the end the following new paragraph:
‘‘(7) For construction of phase II of a combined propulsion
and explosives lab at Naval Air Warfare Center, China Lake,
California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2002 (division
B of Public Law 107–107; 115 Stat. 1289), as amended by
section 2206 of the Military Construction Authorization Act
for Fiscal Year 2004, $10,100,000.’’; and
(2) in subsection (c), by striking ‘‘through (6)’’ and inserting
‘‘through (7)’’.
SEC. 2206. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2002 PROJECTS.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.—
The table in section 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (division B of Public Law 107–107;
115 Stat. 1286), as amended by section 2205 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 108–314; 116 Stat. 2689), is amended—
(1) in the item relating to Naval Air Warfare Center, China
Lake, California, by striking ‘‘$30,200,000’’ in the amount
column and inserting ‘‘$32,391,000’’; and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$1,061,221,000’’.
(b) TERMINATION OF OUTSIDE THE UNITED STATES PROJECT.—
The table in section 2201(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (division B of Public Law 107–107;
115 Stat. 1287) is amended—
(1) by striking the item relating to Naval Support Activity,
Joint Headquarters Command, Larissa, Greece; and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$35,430,000’’.
(c) CONFORMING AMENDMENTS.—Section 2204 of that Act (115
Stat. 1288) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘$2,366,742,000’’ and inserting ‘‘$2,354,502,000’’; and
H. R. 1588—317
(B) in paragraph (2), by striking ‘‘$47,670,000’’ and
inserting ‘‘$35,430,000’’; and
(2) in subsection (b)(3), by striking ‘‘$20,100,000’’ and
inserting ‘‘$22,291,000’’.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Termination or modification of authority to carry out certain fiscal year
2003 projects.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installations
and locations inside the United States, and in the amounts, set
forth in the following table:
Air Force: Inside the United States
State
Installation or location
Amount
Alabama ...............................
Maxwell Air Force Base ................
$26,000,000
Alaska ...................................
Eielson Air Force Base ..................
$49,061,000
Elmendorf Air Force Base ............
$2,000,000
Arizona .................................
Davis-Monthan Air Force Base ....
$10,062,000
Luke Air Force Base .....................
$14,300,000
Arkansas ..............................
Little Rock Air Force Base ...........
$3,695,000
California .............................
Beale Air Force Base .....................
$22,750,000
Edwards Air Force Base ...............
$26,744,000
Los Angeles Air Force Base ..........
$5,000,000
Colorado ...............................
Buckley Air Force Base .................
$7,019,000
Peterson Air Force Base ...............
$10,200,000
Florida ..................................
Hurlburt Field ...............................
$27,200,000
Tyndall Air Force Base .................
$15,820,000
Georgia .................................
Robins Air Force Base ...................
$37,164,000
Hawaii ..................................
Hickam Air Force Base .................
$80,096,000
Idaho .....................................
Mountain Home Air Force Base ...
$15,245,000
Illinois ..................................
Scott Air Force Base .....................
$1,900,000
Mississippi ...........................
Columbus Air Force Base .............
$7,700,000
Keesler Air Force Base .................
$2,900,000
Missouri ................................
Whiteman Air Force Base ............
$11,600,000
Nevada .................................
Nellis Air Force Base ....................
$11,800,000
New Jersey ...........................
McGuire Air Force Base ...............
$11,861,000
New Mexico ..........................
Cannon Air Force Base .................
$9,000,000
Kirtland Air Force Base ................
$11,247,000
Tularosa Radar Test Site ..............
$3,600,000
North Carolina .....................
Pope Air Force Base ......................
$24,499,000
Seymour Johnson Air Force Base
$22,622,000
North Dakota .......................
Minot Air Force Base ....................
$12,690,000
Ohio ......................................
Wright-Patterson Air Force Base
$21,100,000
Oklahoma .............................
Altus Air Force Base .....................
$1,167,000
Tinker Air Force Base ...................
$19,444,000
Vance Air Force Base ....................
$15,000,000
South Carolina .....................
Charleston Air Force Base ............
$9,042,000
Shaw Air Force Base .....................
$8,500,000
H. R. 1588—318
Air Force: Inside the United States—Continued
State
Installation or location
Amount
South Dakota .......................
Ellsworth Air Force Base ..............
$9,300,000
Texas ....................................
Goodfellow Air Force Base ............
$20,335,000
Lackland Air Force Base ..............
$57,360,000
Laughlin Air Force Base ...............
$12,400,000
Randolph Air Force Base ..............
$13,600,000
Sheppard Air Force Base ..............
$38,167,000
Utah ......................................
Hill Air Force Base .......................
$21,748,000
Virginia ................................
Langley Air Force Base .................
$25,474,000
Washington ..........................
McChord Air Force Base ...............
$19,000,000
Total ...............................................
$775,412,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installations
and locations outside the United States, and in the amounts, set
forth in the following table:
Air Force: Outside the United States
Country
Installation or location
Amount
Germany ...............................
Ramstein Air Base ........................
$35,616,000
Spangdahlem Air Base .................
$5,411,000
Italy ......................................
Aviano Air Base .............................
$14,025,000
Korea ....................................
Kunsan Air Base ...........................
$7,059,000
Osan Air Base ................................
$16,638,000
Portugal ................................
Lajes Field, Azores ........................
$4,086,000
United Kingdom ..................
Royal Air Force, Lakenheath .......
$42,487,000
Royal Air Force, Mildenhall .........
$10,558,000
Wake Island .........................
Wake Island ...................................
$24,000,000
Total ........................................
$159,880,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installation
and location, and in the amount, set forth in the following table:
Air Force: Unspecified Worldwide
Location
Installation or location
Amount
Unspecified Worldwide .......
Classified Location ........................
$29,501,000
Total ........................................
$29,501,000
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or
acquire family housing units (including land acquisition and sup-
porting facilities) at the installations, for the purposes, and in
the amounts set forth in the following table:
H. R. 1588—319
Air Force: Family Housing
State or Country
Installation or location
Purpose
Amount
Arizona ........................
Davis-Monthan Air
Force Base ...................
93 Units ....
$19,357,000
California ....................
Travis Air Force Base ....
56 Units ....
$12,723,000
Delaware .....................
Dover Air Force Base .....
112 Units ....
$19,601,000
Florida .........................
Eglin Air Force Base ......
279 Units ....
$32,166,000
Idaho ...........................
Mountain Home Air
Force Base ...................
186 Units ....
$37,126,000
Maryland ....................
Andrews Air Force Base
50 Units ....
$20,233,000
Missouri ......................
Whiteman Air Force
Base .............................
100 Units ....
$18,221,000
Montana ......................
Malmstrom Air Force
Base .............................
94 Units ....
$19,368,000
North Carolina ...........
Seymour Johnson Air
Force Base ...................
138 Units ....
$18,336,000
North Dakota .............
Grand Forks Air Force
Base .............................
144 Units ....
$29,550,000
Minot Air Force Base .....
200 Units ....
$41,117,000
South Dakota .............
Ellsworth Air Force Base
75 Units ....
$16,240,000
Texas ...........................
Dyess Air Force Base .....
116 Units ....
$19,973,000
Randolph Air Force Base
96 Units ....
$13,754,000
Korea ...........................
Osan Air Base .................
111 Units ....
$44,765,000
Portugal ......................
Lajes Field, Azores .........
42 Units ....
$13,428,000
United Kingdom .........
Royal Air Force,
Lakenheath .................
89 Units ....
$23,640,000
Total .....
$399,598,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities
with respect to the construction or improvement of military family
housing units in an amount not to exceed $33,488,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a)(6)(A), the Secretary of the Air Force
may improve existing military family housing units in an amount
not to exceed $227,979,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2003, for
military construction, land acquisition, and military family housing
functions of the Department of the Air Force in the total amount
of $2,550,890,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $766,932,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $159,880,000.
(3) For military construction projects at unspecified world-
wide locations authorized by section 2301(c), $28,981,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $16,180,000.
H. R. 1588—320
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$95,778,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $657,065,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $826,074,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2301 of this Act may not exceed the total amount authorized to
be appropriated under paragraphs (1), (2), and (3) of subsection
(a).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (6) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $10,000,000, which represents corrections
to Department of the Air Force estimates for military family housing
support.
SEC. 2305. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2003 PROJECTS.
(a) TERMINATION OF CLASSIFIED LOCATION PROJECT.—Section
2301(c) of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107–314; 116 Stat. 2691)
is amended by striking ‘‘$24,993,000’’ both places it appears and
inserting ‘‘$1,993,000’’.
(b) IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.—Sec-
tion 2303 of that Act (116 Stat. 2693) is amended by striking
‘‘$226,068,000’’ and inserting ‘‘$206,721,000’’.
(c) CONFORMING AMENDMENTS.—Section 2304(a) of that Act
(116 Stat. 2693) is amended—
(1) in the matter preceding paragraph (1), by striking
‘‘$2,633,738,000’’ and inserting ‘‘$2,591,391,000’’;
(2) in paragraph (3), by striking ‘‘$24,993,000’’ and inserting
‘‘$1,993,000’’; and
(3) in paragraph (6)(A), by striking ‘‘$689,824,000’’ and
inserting ‘‘$670,477,000’’.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Termination of authority to carry out certain fiscal year 2003 projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(1), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
H. R. 1588—321
and locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United States
Agency
Installation or location
Amount
Defense Education Activity
Marine 
Corps 
Base, 
Camp
Lejeune, North Carolina ...........
$15,259,000
Defense Logistics Agency ....
Defense Distribution Depot, New
Cumberland, Pennsylvania .......
$27,700,000
Eglin Air Force Base, Florida .......
$4,800,000
Eielson Air Force Base, Alaska ....
$17,000,000
Hickam Air Force Base, Hawaii ...
$14,100,000
Hurlburt Field, Florida .................
$4,100,000
Offutt Air Force Base, Nebraska
$13,400,000
Langley Air Force Base, Virginia
$13,000,000
Laughlin Air Force Base, Texas ...
$4,688,000
McChord Air Force Base, Wash-
ington ..........................................
$8,100,000
Naval Air Station, Kingsville,
Texas ...........................................
$9,200,000
Nellis Air Force Base, Nevada .....
$12,800,000
Missile Defense Agency ......
Redstone Arsenal, Alabama .........
$20,000,000
National Security Agency ...
Fort Meade, Maryland ..................
$1,842,000
Special Operations Com-
mand .................................
Dam Neck, Virginia ......................
$15,281,000
Fort Bragg, North Carolina ..........
$36,300,000
Fort Campbell, Kentucky ..............
$7,800,000
Harrisburg International Airport,
Pennsylvania ..............................
$3,000,000
Hurlburt Field, Florida .................
$6,000,000
MacDill Air Force Base, Florida ..
$25,500,000
Naval Amphibious Base, Coro-
nado, California .........................
$2,800,000
TRICARE Management Ac-
tivity ..................................
Fort Hood, Texas ...........................
$9,400,000
Naval Station, Anacostia, District
of Columbia ................................
$15,714,000
Naval Submarine Base, New Lon-
don, Connecticut ........................
$6,700,000
United States Air Force Academy,
Colorado ......................................
$22,100,000
Walter Reed Medical Center, Dis-
trict of Columbia ........................
$9,000,000
Washington Headquarters
Services .............................
Arlington, Virginia ........................
$38,086,000
Total ........................................
$363,670,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
and locations outside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Outside the United States
Agency
Installation or location
Amount
Defense Education Activity
Sigonella, Italy ...............................
$30,234,000
H. R. 1588—324
(2) in the matter relating to TRICARE Management
Activity, by striking the item relating to Spangdahlem Air
Base, Germany; and
(3) by striking the amount identified as the total in the
amount column and inserting ‘‘$134,274,000’’.
(b) CONFORMING AMENDMENTS.—Section 2404(a) of that Act
(116 Stat. 2696) is amended—
(1) in the matter preceding paragraph (1), by striking
‘‘$1,434,795,000’’ and inserting ‘‘$1,362,486,000’’; and
(2) in paragraph (2), by striking ‘‘$206,583,000’’ and
inserting ‘‘$134,274,000’’.
TITLE XXV—NORTH ATLANTIC TREATY
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as pro-
vided in section 2806 of title 10, United States Code, in an amount
not to exceed the sum of the amount authorized to be appropriated
for this purpose in section 2502 and the amount collected from
the North Atlantic Treaty Organization as a result of construction
previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2003, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States
Code, for the share of the United States of the cost of projects
for the North Atlantic Treaty Organization Security Investment
program authorized by section 2501, in the amount of $169,300,000.
TITLE XXVI—GUARD AND RESERVE
FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years begin-
ning after September 30, 2003, for the costs of acquisition, architec-
tural and engineering services, and construction of facilities for
the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost
of acquisition of land for those facilities), the following amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the United States,
$311,592,000; and
(B) for the Army Reserve, $88,451,000.
H. R. 1588—325
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $45,498,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the United States,
$222,908,000; and
(B) for the Air Force Reserve, $62,032,000.
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 2001 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2000 projects.
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS
REQUIRED TO BE SPECIFIED BY LAW.
(a) EXPIRATION
OF AUTHORIZATIONS AFTER THREE YEARS.—
Except as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment
program (and authorizations of appropriations therefor) shall expire
on the later of—
(1) October 1, 2006; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2007.
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects, and facilities, and contributions to the North Atlantic
Treaty Organization Security Investment program (and authoriza-
tions of appropriations therefor) for which appropriated funds have
been obligated before the later of—
(1) October 1, 2006; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2007 for military construction projects, land
acquisition, family housing projects and facilities, and contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2001 PROJECTS.
(a) EXTENSION OF CERTAIN PROJECTS.—Notwithstanding section
2701 of the Military Construction Authorization Act for Fiscal Year
2001 (division B of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law by Public Law
106–398; 114 Stat. 1654A–407)), authorizations set forth in the
tables in subsection (b), as provided in section 2102 or 2601 of
that Act, shall remain in effect until October 1, 2004, or the date
of the enactment of an Act authorizing funds for military construc-
tion for fiscal year 2005, whichever is later.
(b) TABLES.—The tables referred to in subsection (a) are as
follows:
H. R. 1588—326
Army: Extension of 2001 Project Authorization
State
Installation or loca-
tion
Project
Amount
South Carolina ...........
Fort Jackson .............
New Construc-
tion—Family
Housing (1
Unit) .............
$250,000
Army National Guard: Extension of 2001 Project Authorizations
State
Installation or loca-
tion
Project
Amount
Arizona .......................
Papago Park ..............
Add/Alter Read-
iness Center
$2,265,000
Pennsylvania ..............
Mansfield ..................
Readiness Cen-
ter .................
$3,100,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2000 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106–65; 113 Stat. 841), the authorizations set forth
in the tables in subsection (b), as provided in section 2302 or
2601 of that Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B
of Public Law 107–314; 116 Stat. 2700), shall remain in effect
until October 1, 2004, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2005,
whichever is later.
(b) TABLES.—The tables referred to in subsection (a) are as
follows:
Air Force: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Oklahoma ...................
Tinker Air Force
Base .......................
Replace Family
Housing (41
Units) ...........
$6,000,000
Army National Guard: Extension of 2000 Project Authorization
State
Installation or loca-
tion
Project
Amount
Virginia ......................
Fort Pickett ...............
Multi-purpose
Range-Heavy
$13,500,000
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of general definitions relating to military construction.
H. R. 1588—327
Sec. 2802. Increase in maximum amount of authorized annual emergency construc-
tion.
Sec. 2803. Increase in number of family housing units in Italy authorized for lease
by the Navy.
Sec. 2804. Increase in authorized maximum lease term for family housing and
other facilities in certain foreign countries.
Sec. 2805. Conveyance of property at military installations closed or realigned to
support military construction.
Sec. 2806. Inapplicability of space limitations to military unaccompanied housing
units acquired or constructed under alternative authority.
Sec. 2807. Additional material for reports on housing privatization program.
Sec. 2808. Temporary, limited authority to use operation and maintenance funds
for construction projects outside the United States.
Sec. 2809. Report on military construction requirements to support new homeland
defense missions of the Armed Forces.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Enhancement of authority to acquire low-cost interests in land.
Sec. 2812. Retention and availability of amounts realized from energy cost savings.
Sec. 2813. Acceptance of in-kind consideration for easements.
Subtitle C—Base Closure and Realignment
Sec. 2821. Consideration of public-access-road issues related to base closure, re-
alignment, or placement in inactive status.
Sec. 2822. Consideration of surge requirements in 2005 round of base realignments
and closures.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2831. Termination of lease and conveyance of Army Reserve facility, Conway,
Arkansas.
Sec. 2832. Land conveyance, Fort Campbell, Kentucky and Tennessee.
Sec. 2833. Land conveyance, Fort Knox, Kentucky.
Sec. 2834. Army National Guard Armory, Pierce City, Missouri.
Sec. 2835. Land exchange, Fort Belvoir, Virginia.
PART II—NAVY CONVEYANCES
Sec. 2841. Land conveyance, Navy property, Dixon, California.
Sec. 2842. Land conveyance, Marine Corps Logistics Base, Albany, Georgia.
Sec. 2843. Land exchange, Naval and Marine Corps Reserve Center, Portland, Or-
egon.
Sec. 2844. Land conveyance, Naval Reserve Center, Orange, Texas.
Sec. 2845. Land conveyance, Puget Sound Naval Shipyard, Bremerton, Washington.
PART III—AIR FORCE CONVEYANCES
Sec. 2851. Land exchange, March Air Reserve Base, California.
Sec. 2852. Actions to quiet title, Fallin Waters Subdivision, Eglin Air Force Base,
Florida.
Sec. 2853. Modification of land conveyance, Eglin Air Force Base, Florida.
PART IV—OTHER CONVEYANCES
Sec. 2861. Land conveyance, Air Force and Army Exchange Service property, Dal-
las, Texas.
Sec. 2862. Land conveyance, Umnak Island, Alaska.
Subtitle E—Other Matters
Sec. 2871. Authority to accept guarantees with gifts in development of Marine
Corps Heritage Center, Marine Corps Base, Quantico, Virginia.
Sec. 2872. Redesignation of Yuma Training Range Complex as Bob Stump Training
Range Complex.
Sec. 2873. Feasibility study regarding conveyance of Louisiana Army Ammunition
Plant, Doyline, Louisiana.
H. R. 1588—328
Subtitle A—Military Construction Program
and Military Family Housing Changes
SEC. 2801. MODIFICATION OF GENERAL DEFINITIONS RELATING TO
MILITARY CONSTRUCTION.
(a) MILITARY CONSTRUCTION.—Subsection (a) of section 2801
of title 10, United States Code, is amended by inserting before
the period the following: ‘‘, whether to satisfy temporary or perma-
nent requirements’’.
(b) MILITARY INSTALLATION.—Subsection (c)(2) of such section
is amended by inserting before the period the following: ‘‘, without
regard to the duration of operational control’’.
SEC. 2802. INCREASE IN MAXIMUM AMOUNT OF AUTHORIZED ANNUAL
EMERGENCY CONSTRUCTION.
Section 2803(c)(1) of title 10, United States Code, is amended
by striking ‘‘$30,000,000’’ and inserting ‘‘$45,000,000’’.
SEC. 2803. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN ITALY
AUTHORIZED FOR LEASE BY THE NAVY.
Section 2828(e)(2) of title 10, United States Code, is amended
by striking ‘‘2,000’’ and inserting ‘‘2,800’’.
SEC. 2804. INCREASE IN AUTHORIZED MAXIMUM LEASE TERM FOR
FAMILY HOUSING AND OTHER FACILITIES IN CERTAIN
FOREIGN COUNTRIES.
(a) LEASE OF MILITARY FAMILY HOUSING.—Section 2828(d)(1)
of title 10, United States Code, is amended by striking ‘‘ten years,’’
and inserting ‘‘10 years, or 15 years in the case of leases in Korea,’’.
(b) LEASE OF OTHER FACILITIES.—Section 2675 of such title
is amended by inserting after ‘‘five years,’’ the following: ‘‘or 15
years in the case of a lease in Korea,’’.
SEC. 2805. CONVEYANCE OF PROPERTY AT MILITARY INSTALLATIONS
CLOSED 
OR 
REALIGNED 
TO 
SUPPORT 
MILITARY
CONSTRUCTION.
(a) IN GENERAL.—(1) Subchapter III of chapter 169 of title
10, United States Code, is amended by adding at the end the
following new section:
‘‘§ 2869. Conveyance of property at military installations
closed or realigned to support military construc-
tion
‘‘(a) CONVEYANCE AUTHORIZED; CONSIDERATION.—The Secretary
concerned may enter into an agreement to convey real property,
including any improvements thereon, located on a military installa-
tion that is closed or realigned under a base closure law to any
person who agrees, in exchange for the real property—
‘‘(1) to carry out a military construction project or land
acquisition; or
‘‘(2) to transfer to the Secretary concerned housing that
is constructed or provided by the person and located at or
near a military installation at which there is a shortage of
suitable military family housing, military unaccompanied
housing, or both.
H. R. 1588—329
‘‘(b) CONDITIONS ON CONVEYANCE AUTHORITY.—The fair market
value of the military construction, military family housing, or mili-
tary unaccompanied housing to be obtained by the Secretary con-
cerned under subsection (a) in exchange for the conveyance of
real property by the Secretary under such subsection shall be at
least equal to the fair market value of the conveyed real property,
as determined by the Secretary. If the fair market value of the
military construction, military family housing, or military unaccom-
panied housing is less than the fair market value of the real
property to be conveyed, the recipient of the property shall pay
to the United States an amount equal to the difference in the
fair market values.
‘‘(c) PILOT PROGRAM FOR USE OF AUTHORITY.—(1) To the max-
imum extent practicable, the Secretary of each military department
shall use the conveyance authority provided by subsection (a) at
least once before December 31, 2004, for the purposes specified
in such subsection.
‘‘(2) The value of the consideration received by the Secretary
concerned in a conveyance carried out under this subsection shall
not be less than $1,000,000.
‘‘(3) In the case of the report required under subsection (f)
to be submitted in 2005, the Secretary of Defense shall include
the following:
‘‘(A) A description of the conveyances carried out or pro-
posed under this subsection.
‘‘(B) A description of the procedures utilized to enter into
any agreements for the conveyance of property under this sub-
section.
‘‘(C) An assessment of the utility of such procedures for
the disposal of property at military installations closed or
realigned under the base closure laws, and for securing services
described in subsection (a), including an assessment of any
time saved and cost-savings achieved as a result of the use
of the conveyance authority provided by this section.
‘‘(D) An assessment of private sector interest in the use
of the conveyance authority provided by this section.
‘‘(E) A description of the projects for which the Secretary
concerned considered using the conveyance authority provided
by this section, but did not do so, and an explanation of the
decision.
‘‘(d) ADVANCE NOTICE OF USE OF AUTHORITY.—(1) Notice of
the proposed use of the conveyance authority provided by subsection
(a) shall be provided in such manner as the Secretary of Defense
may prescribe, including publication in the Federal Register and
otherwise. When real property located at a military installation
closed or realigned under the base closure laws is to be conveyed
by means of a public sale, the Secretary concerned may notify
prospective purchasers that consideration for the property may
be provided in the manner authorized by such subsection.
‘‘(2) The Secretary concerned may not enter into an agreement
under subsection (a) for the conveyance of real property until—
‘‘(A) the Secretary submits to Congress notice of the convey-
ance, including the military construction activities, military
family housing, or military unaccompanied housing to be
obtained in exchange for the conveyance; and
‘‘(B) a period of 14 days expires beginning on the date
on which the notice is submitted.
H. R. 1588—330
‘‘(e) DEPOSIT OF FUNDS.—The Secretary concerned may deposit
funds received under subsection (b) in the Department of Defense
housing funds established under section 2883(a) of this title.
‘‘(f) ANNUAL REPORT.—In the budget materials submitted to
Congress in connection with the submission of the budget for a
fiscal year pursuant to section 1105 of title 31, the Secretary of
Defense shall include a report detailing the following:
‘‘(1) The extent to which the Secretaries concerned used
the authority provided by subsection (a) during the preceding
fiscal year to convey real property in exchange for military
construction and military housing, including the total value
of the real property that was actually conveyed during such
fiscal year using such authority and the total value of the
military construction and military housing services obtained
in exchange.
‘‘(2) The plans for the use of such authority for the current
fiscal year, the fiscal year covered by the budget, and the
period covered by the current future-years defense program
under section 221 of this title.
‘‘(3) The current inventory of unconveyed lands at military
installations closed or realigned under a base closure law.
‘‘(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of real property conveyed under subsection (a) shall
be determined by surveys satisfactory to the Secretary concerned.
‘‘(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary con-
cerned may require such additional terms and conditions in connec-
tion with a conveyance under subsection (a) as the Secretary con-
siders appropriate to protect the interests of the United States.’’.
(2) The table of sections at the beginning of such subchapter
is amended by adding at the end the following new item:
‘‘2869. Conveyance of property at military installations closed or realigned to sup-
port military construction.’’.
(b) EXCEPTION
TO
REQUIREMENT
FOR
AUTHORIZATION
OF
NUMBER
OF HOUSING UNITS.—Section 2822(b) of such title is
amended by adding at the end the following new paragraph:
‘‘(6) Housing units constructed or provided under section
2869 of this title.’’.
(c) CONFORMING AMENDMENT
TO DEPARTMENT
OF DEFENSE
HOUSING FUNDS.—Section 2883(c) of such title is amended—
(1) in paragraph (1), by adding at the end the following
new subparagraph:
‘‘(F) Any amounts that the Secretary concerned transfers
to that Fund pursuant to section 2869 of this title.’’; and
(2) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(F) Any amounts that the Secretary concerned transfers
to that Fund pursuant to section 2869 of this title.’’.
(d) CONFORMING REPEALS TO BASE CLOSURE LAWS.—(1) Section
204(e) of the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note)
is repealed.
(2) Section 2905(f) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note) is repealed.
H. R. 1588—331
SEC. 2806. INAPPLICABILITY OF SPACE LIMITATIONS TO MILITARY
UNACCOMPANIED HOUSING UNITS ACQUIRED OR CON-
STRUCTED UNDER ALTERNATIVE AUTHORITY.
Section 2880(b)(2) of title 10, United States Code, is amended
by striking ‘‘unless the unit is located on a military installation’’.
SEC. 2807. ADDITIONAL MATERIAL FOR REPORTS ON HOUSING
PRIVATIZATION PROGRAM.
(a) REPORTS ON SPECIFIC PROJECTS.—Subsection (a) of section
2884 of title 10, United States Code, is amended—
(1) by designating the second sentence of paragraph (2)
as paragraph (4); and
(2) by inserting after the first sentence in paragraph (2)
the following new paragraph:
‘‘(3)(A) In the case of a contract described in paragraph (1)
proposed to be entered into with a private party, the report shall
specify whether the contract will or may include a guarantee
(including the making of mortgage or rental payments) by the
Secretary to the private party in the event of—
‘‘(i) the closure or realignment of the installation for which
housing will be provided under the contract;
‘‘(ii) a reduction in force of units stationed at such installa-
tion; or
‘‘(iii) the extended deployment of units stationed at such
installation.
‘‘(B) If the contract will or may include such a guarantee,
the report shall also—
‘‘(i) describe the nature of the guarantee; and
‘‘(ii) assess the extent and likelihood, if any, of the liability
of the United States with respect to the guarantee.’’.
(b) ANNUAL
REPORTS.—Subsection (b) of such section is
amended—
(1) in paragraph (2), by inserting before the period at
the end the following: ‘‘, and such recommendations as the
Secretary considers necessary for improving the extent and
effectiveness of the use of such authorities in the future’’; and
(2) by striking paragraph (3) and inserting the following
new paragraphs:
‘‘(3) A review of activities of the Secretary under this sub-
chapter during such preceding fiscal year, shown for military
family housing, military unaccompanied housing, dual military
family housing and military unaccompanied housing, and
ancillary supporting facilities.
‘‘(4) If a contract for the acquisition or construction of
military family housing, military unaccompanied housing, or
dual military family housing and military unaccompanied
housing entered into during the preceding fiscal year did not
include the acquisition or construction of the types of ancillary
supporting facilities specifically referred to in section 2871(1)
of this title, a explanation of the reasons why such ancillary
supporting facilities were not included.
‘‘(5) A description of the Secretary’s plans for housing
privatization activities under this subchapter: (A) during the
fiscal year for which the budget is submitted; and (B) during
the period covered by the then-current future-years defense
plan under section 221 of this title.’’.
H. R. 1588—332
SEC. 2808. TEMPORARY, LIMITED AUTHORITY TO USE OPERATION AND
MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS
OUTSIDE THE UNITED STATES.
(a) TEMPORARY AUTHORITY.—During fiscal year 2004, the Sec-
retary of Defense may use this section as authority to obligate
appropriated funds available for operation and maintenance to carry
out a construction project outside the United States that the Sec-
retary determines meets each of the following conditions:
(1) The construction is necessary to meet urgent military
operational requirements of a temporary nature involving the
use of the Armed Forces in support of a declaration of war,
the declaration by the President of a national emergency under
section 201 of the National Emergencies Act (50 U.S.C. 1621),
or a contingency operation.
(2) The construction is not carried out at a military installa-
tion where the United States is reasonably expected to have
a long-term presence.
(3) The United States has no intention of using the
construction after the operational requirements have been satis-
fied.
(4) The level of construction is the minimum necessary
to meet the temporary operational requirements.
(b) NOTIFICATION OF OBLIGATION OF FUNDS.—Within seven days
after the date on which appropriated funds available for operation
and maintenance are first obligated for a construction project under
subsection (a), the Secretary of Defense shall submit to the congres-
sional committees specified in subsection (f) notice of the obligation
of the funds and the construction project. The notice shall include
the following:
(1) Certification that the conditions specified in subsection
(a) are satisfied with regard to the construction project.
(2) A description of the purpose for which appropriated
funds available for operation and maintenance are being obli-
gated.
(3) All relevant documentation detailing the construction
project.
(4) An estimate of the total amount obligated for the
construction.
(c) LIMITATION ON USE OF AUTHORITY.—(1) The total cost of
the construction projects carried out under the authority of this
section using, in whole or in part, appropriated funds available
for operation and maintenance shall not exceed $200,000,000 in
fiscal year 2004.
(2) The Secretary of Defense may waive the limitation imposed
by paragraph (1) if the Secretary determines that the obligation
of operation and maintenance funds for construction projects in
excess of the amount specified in such subsection is vital to the
national security.
(3) Not later than five days after the date on which a waiver
is granted under paragraph (2), the Secretary of Defense shall
submit to the congressional committees specified in subsection (f)
notice containing the reasons for the waiver.
(d) QUARTERLY REPORT.—Not later than 30 days after the end
of each fiscal-year quarter of fiscal year 2004, the Secretary of
Defense shall submit to the congressional committees specified in
subsection (f) a report on the worldwide obligation and expenditure
H. R. 1588—333
during that quarter of appropriated funds available for operation
and maintenance for construction projects.
(e) 
RELATION
TO
OTHER
AUTHORITIES.—The 
temporary
authority provided by this section, and the limited authority pro-
vided by section 2805(c) of title 10, United States Code, to use
appropriated funds available for operation and maintenance to carry
out a construction project are the only authorities available to
the Secretary of Defense and the Secretaries of the military depart-
ments to use appropriated funds available for operation and mainte-
nance to carry out construction projects.
(f) CONGRESSIONAL COMMITTEES.—The congressional commit-
tees referred to in this section are the following:
(1) The Committee on Armed Services and the Subcommit-
tees on Defense and Military Construction of the Committee
on Appropriations of the Senate.
(2) The Committee on Armed Services and the Subcommit-
tees on Defense and Military Construction of the Committee
on Appropriations of the House of Representatives.
SEC. 2809. REPORT ON MILITARY CONSTRUCTION REQUIREMENTS TO
SUPPORT NEW HOMELAND DEFENSE MISSIONS OF THE
ARMED FORCES.
Not later than February 15, 2004, the Secretary of Defense
shall submit to Congress a report describing all military construc-
tion projects carried out to support new homeland defense missions
of the Armed Forces undertaken since September 11, 2001, and
containing an assessment of the military construction requirements
anticipated to be necessary during fiscal years 2005, 2006, and
2007 to support such missions.
Subtitle B—Real Property and Facilities
Administration
SEC. 2811. ENHANCEMENT OF AUTHORITY TO ACQUIRE LOW-COST
INTERESTS IN LAND.
(a) INCREASE IN ACQUISITION THRESHOLD.—Section 2672 of title
10, United States Code, is amended—
(1) by redesignating subsections (a)(2) and (b) as sub-
sections (b) and (c), respectively;
(2) in subsection (a)—
(A) in paragraph (1)(B), by striking ‘‘$500,000’’ and
inserting ‘‘$750,000’’; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) The Secretary of a military department may acquire any
interest in land that—
‘‘(A) the Secretary determines is needed solely to correct
a deficiency that is life-threatening, health-threatening, or
safety-threatening; and
‘‘(B) does not cost more than $1,500,000, exclusive of
administrative costs and the amounts of any deficiency judg-
ments.’’; and
(3) in subsection (b), as so redesignated, by striking
‘‘$500,000’’ and inserting ‘‘$750,000, in the case of an acquisition
under subsection (a)(1), or $1,500,000, in the case of an acquisi-
tion under subsection (a)(2)’’.
H. R. 1588—334
(b) CLERICAL
AMENDMENTS.—(1) Such section is further
amended—
(A) 
in 
subsection 
(a), 
by 
inserting 
‘‘ACQUISITION
AUTHORITY.—’’ before ‘‘(1)’’;
(B) in subsection (b), as redesignated by subsection (a)(1),
by inserting ‘‘ACQUISITION
OF MULTIPLE PARCELS.—’’ before
‘‘This section’’; and
(C) in subsection (c), as redesignated by subsection (a)(1),
by inserting ‘‘SURVEY
AND ACQUISITION METHODS.—’’ before
‘‘The authority’’.
(2) The heading of such section is amended to read as follows:
‘‘§ 2672. Authority to acquire low-cost interests in land’’.
(3) The item relating to section 2672 in the table of sections
at the beginning of chapter 159 of such title is amended to read
as follows:
‘‘2672. Authority to acquire low-cost interests in land.’’.
SEC. 2812. RETENTION AND AVAILABILITY OF AMOUNTS REALIZED
FROM ENERGY COST SAVINGS.
(a) IN GENERAL.—Section 2865(b) of title 10, United States
Code, is amended—
(1) in paragraph (1), by striking ‘‘Two-thirds of the portion
of the funds appropriated’’ and inserting ‘‘An amount of the
funds appropriated’’;
(2) in paragraph (2), by striking ‘‘The Secretary’’ and
inserting ‘‘The Secretary of Defense’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) The Secretary of Defense shall include in the budget mate-
rial submitted to Congress in connection with the submission of
the budget for a fiscal year pursuant to section 1105 of title 31
a separate statement of the amounts available for obligation under
this subsection in such fiscal year.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection
(a)(1) shall not apply to funds appropriated for a fiscal year before
fiscal year 2004.
SEC. 2813. ACCEPTANCE OF IN-KIND CONSIDERATION FOR EASE-
MENTS.
(a) EASEMENTS FOR RIGHTS-OF-WAY.—Section 2668(e) of title
10, United States Code, is amended—
(1) by striking ‘‘Subsection (d)’’ and inserting ‘‘Subsections
(c) and (d)’’;
(2) by inserting ‘‘in-kind consideration and’’ before ‘‘pro-
ceeds’’; and
(3) by striking ‘‘subsection applies to’’ and inserting ‘‘sub-
sections apply to in-kind consideration and’’.
(b) EASEMENTS FOR UTILITY LINES.—Section 2669(e) of such
title is amended—
(1) by striking ‘‘Subsection (d)’’ and inserting ‘‘Subsections
(c) and (d)’’;
(2) by inserting ‘‘in-kind consideration and’’ before ‘‘pro-
ceeds’’; and
(3) by striking ‘‘subsection applies to’’ and inserting ‘‘sub-
sections apply to in-kind consideration and’’.
H. R. 1588—335
Subtitle C—Base Closure and Realignment
SEC. 
2821. 
CONSIDERATION 
OF 
PUBLIC-ACCESS-ROAD 
ISSUES
RELATED TO BASE CLOSURE, REALIGNMENT, OR PLACE-
MENT IN INACTIVE STATUS.
Section 2905(b)(2) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101–510; 10
U.S.C. 2687 note) is amended by adding at the end the following
new subparagraph:
‘‘(E) If a military installation to be closed, realigned, or placed
in an inactive status under this part includes a road used for
public access through, into, or around the installation, the Secretary
of Defense shall consult with the Governor of the State and the
heads of the local governments concerned for the purpose of consid-
ering the continued availability of the road for public use after
the installation is closed, realigned, or placed in an inactive status.’’.
SEC. 2822. CONSIDERATION OF SURGE REQUIREMENTS IN 2005 ROUND
OF BASE REALIGNMENTS AND CLOSURES.
(a) DETERMINATION OF SURGE REQUIREMENTS.—The Secretary
of Defense shall assess the probable threats to national security
and, as part of such assessment, determine the potential, prudent,
surge requirements to meet those threats.
(b) USE OF DETERMINATION.—The Secretary shall use the surge
requirements determination made under subsection (a) in the base
realignment and closure process under 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 amended by title XXX of the
National Defense Authorization Act for Fiscal Year 2002 (Public
Law 107–107; 115 Stat. 1342).
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2831. TERMINATION OF LEASE AND CONVEYANCE OF ARMY
RESERVE FACILITY, CONWAY, ARKANSAS.
(a) TERMINATION
OF LEASE.—Upon the completion of the
replacement facility authorized for the Army Reserve facility located
in Conway, Arkansas, the Secretary of the Army may terminate
the 99-year lease between the Secretary and the University of
Central Arkansas for the property on which the old facility is
located.
(b) CONVEYANCE OF FACILITY.—As part of the termination of
the lease under subsection (a), the Secretary may convey, without
consideration, to the University of Central Arkansas all right, title,
and interest of the United States in and to the Army Reserve
facility located on the leased property.
(c) ASSUMPTION
OF
LIABILITY.—The University of Central
Arkansas shall expressly accept any and all liability pertaining
to the physical condition of the Army Reserve facility conveyed
under subsection (b) and shall hold the United States harmless
from any and all liability arising from the facility’s physical condi-
tion.
H. R. 1588—336
SEC. 2832. LAND CONVEYANCE, FORT CAMPBELL, KENTUCKY AND TEN-
NESSEE.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to the department of transportation of the State of Tennessee
all right, title, and interest of the United States in and to a parcel
of real property (right-of-way), including any improvements thereon,
located at Fort Campbell, Kentucky and Tennessee, for the purpose
of realigning and upgrading United States Highway 79 from a
two-lane highway to a four-lane highway.
(b) CONSIDERATION.—(1) As consideration for the conveyance
under subsection (a), the department of transportation of the State
of Tennessee shall pay from any source (including Federal funds
made available to the State from the Highway Trust Fund) all
of the costs of the Secretary incurred—
(A) to convey the property, including costs related to the
preparation of documents under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), surveys (including
all surveys required under subsection (c)), cultural reviews,
and administrative oversight;
(B) to relocate a cemetery to permit the highway realign-
ment and upgrading;
(C) to acquire approximately 200 acres of mission-essential
replacement property required to support the training mission
at Fort Campbell; and
(D) to dispose of residual Federal property located south
of the realigned highway.
(2) The Secretary of the Army may accept funds under this
subsection from the State of Tennessee or transferred by the Sec-
retary of Transportation at the request of the State from Federal-
aid highway funds made available to the State to pay costs described
in paragraph (1) and credit them to the appropriate Department
of the Army accounts for the purpose of paying such costs.
(3) All funds made available from the Highway Trust Fund
to pay costs described in paragraph (1) shall be provided subject
to the requirements of section 120(b) of title 23, United States
Code, relating to the Federal share payable on account of a project
or activity.
(4) All funds accepted by the Secretary under this subsection
shall remain available until expended.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
or acquired and disposed of under subsection (b) shall be determined
by surveys satisfactory to the Secretary.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 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, FORT KNOX, KENTUCKY.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Department of Veterans
Affairs of the Commonwealth of Kentucky (in this section referred
to as the ‘‘Department’’) all right, title, and interest of the United
States in and to a parcel of real property, including any improve-
ments thereon, consisting of approximately 93 acres at Fort Knox,
Kentucky, for the purpose of permitting the Department to establish
and operate a State-run cemetery for veterans of the Armed Forces.
H. R. 1588—337
(b) REIMBURSEMENT
FOR COSTS
OF CONVEYANCE.—(1) The
Department shall reimburse the Secretary for any costs incurred
by the Secretary in making the conveyance under subsection (a),
including costs related to environmental documentation and other
administrative costs. This paragraph does not apply to costs associ-
ated with the environmental remediation of the property to be
conveyed.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(c) 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 satisfactory to the Secretary.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 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. 2834. ARMY NATIONAL GUARD ARMORY, PIERCE CITY, MISSOURI.
(a) CONTRIBUTION AUTHORIZED.—The Secretary of the Army
may make a contribution under section 18233(a) of title 10, United
States Code, for a facility for a new Army National Guard armory
in Pierce City, Missouri, in excess of the contribution otherwise
authorized by section 18236(b)(2) of such title, if the Secretary
determines that—
(1) there is a compelling and immediate need for the
construction of the facility;
(2) the requirement for the facility was unanticipated and
results from a natural disaster;
(3) failure to construct the facility immediately would have
an adverse impact on the mission of the unit assigned to
the facility; and
(4) the real property for the facility will be provided by
the State of Missouri.
(b) LIMITATION.—The amount of the additional contribution
provided pursuant to subsection (a), which would otherwise be
required by section 18236(b)(2) of title 10, United States Code,
from the State of Missouri for the construction of the facility,
may not exceed the amount specified in section 18233a(a)(1) of
such title.
(c) AUTHORITY TO ACCEPT REAL PROPERTY FROM STATE.—The
Secretary may accept from the State of Missouri the donation
of real property, in addition to the real property required to be
contributed by the State under subsection (a)(4), that is acceptable
to the Secretary and has a market value not in excess of the
amount of the additional contribution provided pursuant to sub-
section (a).
SEC. 2835. LAND EXCHANGE, FORT BELVOIR, VIRGINIA.
(a) LAND EXCHANGE AUTHORIZED.—Upon receipt of the consid-
eration referred to in subsection (b), the Secretary of the Army
may convey to the Fairfax County Park Authority of Fairfax County,
Virginia (in this section referred to as the ‘‘Authority’’), all right,
title, and interest of the United States in and to a parcel of real
H. R. 1588—338
property, including any improvements thereon, consisting of
approximately 12 acres at Fort Belvoir, Virginia.
(b) CONSIDERATION.—As consideration for the conveyance of
the property under subsection (a), the Authority shall convey to
the United States all right, title, and interest of the Authority
in and to a parcel of real property acceptable to the Secretary.
The Secretary shall have administrative jurisdiction over the real
property received under this subsection.
(c) COSTS OF CONVEYANCE.—(1) The Secretary may collect funds
from the Authority to cover costs incurred or to be incurred by
the Secretary to carry out a conveyance under this section, including
survey costs, costs related to environmental documentation, and
other administrative costs related to the conveyance. If amounts
are collected from the Authority in advance of the Secretary incur-
ring the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the Authority.
(2) Amounts collected under paragraph (1) to cover costs pre-
viously incurred by the Secretary shall be credited to the fund
or account that was used to cover the costs. 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 condi-
tions and limitations, as amounts in such fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the parcels of real property to be conveyed under
this section shall be determined by surveys satisfactory to the
Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States.
PART II—NAVY CONVEYANCES
SEC. 2841. LAND CONVEYANCE, NAVY PROPERTY, DIXON, CALIFORNIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey, without consideration, to the Housing Authority of the
City of Dixon, California, (in this section referred to as the ‘‘Housing
Authority’’), all right, title, and interest of the United States in
and to a parcel of real property, including improvements thereon,
that consists of approximately 40.41 acres located at 7290 Radio
Station Road in Dixon, California, and is currently used by the
Housing Authority as the site for the Fred H. Rehman Dixon
Migrant Center for the purpose of permitting the Housing Authority
to continue to provide suitable housing and support services to
migrant workers.
(b) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
shall require the Housing Authority to cover costs to be incurred
by the Secretary after the date of the enactment of this Act, or
to reimburse the Secretary for costs incurred by the Secretary
after such date, to carry out the conveyance under subsection (a),
including any survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the conveyance.
If amounts are collected from the Housing Authority in advance
of the Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out
H. R. 1588—339
the conveyance, the Secretary shall refund the excess amount to
the Housing Authority.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(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.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 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. 2842. LAND CONVEYANCE, MARINE CORPS LOGISTICS BASE,
ALBANY, GEORGIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey through negotiated sale to the Preferred Development Group
Corporation, a corporation incorporated in the State of Georgia
and authorized to do business in the State of Georgia (in this
section referred to as the ‘‘Corporation’’), all right, title, and interest
of the United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 10.44 acres
located at Turner Field Road and McAdams Road in Albany,
Georgia, for the purpose of permitting the Corporation to use the
property for economic development.
(b) CONDITIONS OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the following conditions:
(1) That the Corporation accept the real property in its
condition at the time of the conveyance, commonly known as
conveyance ‘‘as is’’.
(2) That the Corporation bear all costs related to the use
and redevelopment of the real property.
(c) CONSIDERATION.—(1) As consideration for the conveyance
under subsection (a), the Corporation shall pay to the United States
an amount, determined pursuant to negotiations between the Sec-
retary and the Corporation and based upon the fair market value
of the property (as determined pursuant to an appraisal acceptable
to the Secretary), that is appropriate for the property.
(2) The consideration received under this subsection shall be
deposited in the Department of Defense Base Closure Account 1990
established by section 2906 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).
(d) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the Corporation 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 documenta-
tion, and other administrative costs related to the conveyance.
H. R. 1588—340
If amounts are collected from the Corporation in advance of the
Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess amount to
the Corporation.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(e) EXEMPTION FROM FEDERAL SCREENING.—The conveyance
under subsection (a) is exempt from the requirement to screen
the property for other Federal use pursuant to sections 2693 and
2696 of title 10, United States Code.
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 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. 2843. LAND EXCHANGE, NAVAL AND MARINE CORPS RESERVE
CENTER, PORTLAND, OREGON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the United Parcel Service, Inc. (in this section referred
to as ‘‘UPS’’), all right, title, and interest of the United States
in and to a parcel of real property, including improvements thereon,
consisting of approximately 14 acres in Portland, Oregon, and com-
prising the Naval and Marine Corps Reserve Center for the purpose
of facilitating the expansion of the UPS main distribution complex
in Portland.
(b) PROPERTY RECEIVED IN EXCHANGE.—(1) As consideration
for the conveyance under subsection (a), UPS shall—
(A) convey to the United States a parcel of real property
determined to be suitable by the Secretary; and
(B) design, construct, and convey to the United States
such replacement facilities on that property as the Secretary
considers appropriate.
(2) The value of the real property and replacement facilities
received by the Secretary under this subsection shall be at least
equal to the fair market value of the real property conveyed under
subsection (a), as determined by the Secretary.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require UPS 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 incurred under subsection (b), and other administrative
costs related to the conveyance. If amounts are collected from UPS
in advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the Sec-
retary to carry out the conveyance, the Secretary shall refund
the excess amount to UPS.
H. R. 1588—341
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) CONDITION OF CONVEYANCE.—The Secretary may not make
the conveyance authorized by subsection (a) until the Secretary
determines that the replacement facilities required by subsection
(b) are suitable and available for the relocation of the operations
of the Naval and Marine Corps Reserve Center.
(e) EXEMPTION FROM FEDERAL SCREENING.—The conveyance
authorized by subsection (a) is exempt from the requirement to
screen the property for other Federal use pursuant to sections
2693 and 2696 of title 10, United States Code.
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under this section shall
be determined by surveys satisfactory to the Secretary.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 2844. LAND CONVEYANCE, NAVAL RESERVE CENTER, ORANGE,
TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the City of Orange, Texas (in this section referred to
as the ‘‘City’’), all right, title, and interest of the United States
in and to a parcel of unimproved real property consisting of approxi-
mately 2.5 acres at Naval Reserve Center, Orange, Texas, for the
purpose of permitting the City to use the property for road construc-
tion, economic development, and other public purposes.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the City shall provide the United States, whether
by cash payment, in-kind contribution, or a combination thereof,
an amount that is not less than the fair market value, as determined
by the Secretary, of the property conveyed under such subsection.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
may require the City 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, and other
administrative costs related to the conveyance. If amounts are
collected from the City in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the City.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) EXEMPTION FROM FEDERAL SCREENING.—The conveyance
authorized by subsection (a) is exempt from the requirement to
H. R. 1588—342
screen the property for other Federal use pursuant to sections
2693 and 2696 of title 10, United States Code.
(e) 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 satisfactory to the Secretary.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 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. 2845. LAND CONVEYANCE, PUGET SOUND NAVAL SHIPYARD,
BREMERTON, WASHINGTON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the City of Bremerton, Washington (in this section
referred to as the ‘‘City’’), all right, title, and interest of the United
States in and to a parcel of real property, including any improve-
ments thereon, consisting of approximately 2.8 acres at the eastern
end of the Puget Sound Naval Shipyard, Bremerton, Washington,
immediately adjacent to the Bremerton Transportation Center.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the City, directly or through an agreement with
another entity, shall replace administrative space on the parcel
to be conveyed by renovating for new occupancy approximately
7,500 square feet of existing space in Building 433 at Naval Station,
Bremerton, Washington, at no cost to the United States, in accord-
ance with plans and specifications acceptable to the Secretary.
In lieu of any portion of such renovation, the Secretary may accept
other facility alteration or repair of not less than equal value.
(c) PAYMENT OF COSTS OF CONVEYANCE.—(1) The Secretary
shall require the City 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, and other
administrative costs related to the conveyance. If amounts are
collected from the City in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the City.
(2) Amounts received as reimbursement under paragraph (1)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the conveyance.
Amounts so credited shall be merged with amounts in such fund
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such
fund or account.
(d) ENVIRONMENTAL
CONDITIONS.—The Secretary may use
funds available in the Environmental Restoration Account, Navy
to carry out the environmental remediation of the real property
to be conveyed under subsection (a). Such environmental remedi-
ation shall be conducted in a manner consistent with section 120
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620), including the requirement
to consider the anticipated future land use of the parcel.
(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.
H. R. 1588—343
(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 satisfactory to the Secretary.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 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 III—AIR FORCE CONVEYANCES
SEC. 2851. LAND EXCHANGE, MARCH AIR RESERVE BASE, CALIFORNIA.
(a) EXCHANGE AUTHORIZED.—(1) The Secretary of the Army
may convey to the March Joint Powers Authority of Moreno Valley,
California (in this section referred to as the ‘‘JPA’’), all right,
title, and interest of the United States in and to five parcels of
real property, including any improvements thereon, located at
March Air Reserve Base, California (former March Air Force Base),
and consisting of approximately 36.74 total acres.
(2) The Secretary of the Navy may convey to JPA all right,
title, and interest of the United States in and to two parcels of
real property, including any improvements thereon, located at
March Air Reserve Base and consisting of approximately 10.181
total acres.
(b) CONSIDERATION.—As consideration for the conveyances
under subsection (a), JPA shall release any interest it may have
in two contiguous parcels of real property located at March Air
Reserve Base and consisting of approximately 20 acres and 28
acres, respectively.
(c) TRANSFER OF JURISDICTION.—The Secretary of the Air Force
shall transfer, without reimbursement, to the administrative juris-
diction of the Secretary of the Army the parcels of real property
described in subsection (b).
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the parcels of real property to be conveyed under
this section shall be determined by surveys satisfactory to the
Secretaries concerned.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretaries con-
cerned may require such additional terms and conditions in connec-
tion with the conveyances under this section as the Secretaries
consider appropriate to protect the interests of the United States.
SEC. 2852. ACTIONS TO QUIET TITLE, FALLIN WATERS SUBDIVISION,
EGLIN AIR FORCE BASE, FLORIDA.
(a) AUTHORITY TO QUIET TITLE.—(1) Notwithstanding the res-
toration provisions under the heading ‘‘QUARTERMASTER CORPS’’ in
the Second Deficiency Appropriation Act, 1940 (Act of June 27,
1940; chapter 437; 54 Stat. 655), the Secretary of the Air Force
may take appropriate action to quiet title to tracts of land referred
to in paragraph (2) on, at, adjacent to, adjoining, or near Eglin
Air Force Base, Florida. The Secretary may take such action in
order to resolve encroachments upon private property by the United
States and upon property of the United States by private parties,
which resulted from reliance on inaccurate surveys.
(2) The tracts of land referred to in paragraph (1) are generally
described as south of United States Highway 98 and bisecting
the north/south section line of sections 13 and 14, township 2
south, range 25 west, located in the platted subdivision of Fallin
H. R. 1588—344
Waters, Okaloosa County, Florida. The exact acreage and legal
description of such tracts of land shall be determined by a survey
satisfactory to the Secretary.
(b) AUTHORIZED
ACTIONS.—In carrying out subsection (a),
appropriate action by the Secretary may include any of the fol-
lowing:
(1) Disclaiming, on behalf of the United States, any intent
by the United States to acquire by prescription any property
at or in the vicinity of Eglin Air Force Base.
(2) Disposing of tracts of land owned by the United States.
(3) Acquiring tracts of land by purchase, by donation, or
by exchange for tracts of land owned by the United States
at or adjacent to Eglin Air Force Base.
(c) ACREAGE LIMITATIONS.—Individual tracts of land acquired
or conveyed by the Secretary under paragraph (2) or (3) of sub-
section (b) may not exceed .10 acres. The total acreage so acquired
may not exceed two acres.
(d) CONSIDERATION.—Any conveyance by the Secretary under
this section may be made, at the discretion of the Secretary, without
consideration, or by exchange for tracts of land adjoining Eglin
Air Force Base in possession of private parties who mistakenly
believed that they had acquired title to such tracts.
SEC. 2853. MODIFICATION OF LAND CONVEYANCE, EGLIN AIR FORCE
BASE, FLORIDA.
(a) MODIFICATION.—Public Law 91–347 (84 Stat. 447) is
amended—
(1) in the first section, by inserting ‘‘or for other public
purposes’’ before the period at the end; and
(2) in section 3(1)—
(A) by inserting ‘‘or for other public purposes’’ after
‘‘schools’’; and
(B) by striking ‘‘such purpose’’ and inserting ‘‘such
a purpose’’.
(b) ALTERATION OF LEGAL INSTRUMENT.—The Secretary of the
Air Force shall execute and file in the appropriate office an amended
deed or other appropriate instrument effectuating the modification
of the reversionary interest retained by the United States in connec-
tion with the conveyance made pursuant to Public Law 91–347.
PART IV—OTHER CONVEYANCES
SEC. 2861. LAND CONVEYANCE, AIR FORCE AND ARMY EXCHANGE
SERVICE PROPERTY, DALLAS, TEXAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of Defense may
authorize the Army and Air Force Exchange Service, a non-
appropriated fund instrumentality of the United States, to convey,
by sale, all right, title, and interest of the United States in and
to a parcel of real property, including any improvements thereon,
consisting of approximately 7.5 acres located at 1515 Roundtable
Drive in Dallas, Texas.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the purchaser shall pay the United States, in a
single lump sum payment, an amount equal to the fair market
value of the real property, determined pursuant to an appraisal
acceptable to the Secretary.
H. R. 1588—345
(c) TREATMENT OF CONSIDERATION.—Section 574(a) of title 40,
United States Code, shall apply to the consideration received under
subsection (b), except that in the application of such section, all
of the proceeds shall be credited to the Army and Air Force
Exchange Service.
(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 satisfactory to the Secretary.
The cost of the survey shall be borne by the purchaser.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 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. 2862. LAND CONVEYANCE, UMNAK ISLAND, ALASKA.
(a) DEFINITIONS.—In this section—
(1) The term ‘‘Aleut Corporation’’ means the regional cor-
poration established under the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.) for the region in which
the Native Village of Nikolski, Alaska, is located.
(2) The term ‘‘Chaluka Corporation’’ means the village cor-
poration established under the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.) for the Native Village of
Nikolski, Alaska.
(3) The term ‘‘former Nikolski Radio Relay Site’’ means
the portions of Tracts A, B, and C of Public Land Order 2374
that are surveyed as Tracts 37, 37A, 38, 39, 39A, and 40
of township 83 south, range 136 west, Seward meridian, Alaska,
and Tract B of United States Survey 4904, Alaska, except—
(A) lots 1, 2, 5, 6, and 9 of Tract B of Amended
United States Survey 4904; and
(B) the Nikolski powerhouse land.
(4) The term ‘‘Nikolski powerhouse land’’ means the parcel
of land upon which is located the power generation building
for supplying power to the Native Village of Nikolski, the
boundaries of which are described generally as follows:
(A) Beginning at the point at which the southerly
boundary of Tract 39 of township 83 south, range 136
west, Seward meridian, Alaska, intersects the easterly
boundary of the road that connects the Native Village
of Nikolski and the airfield at Nikolski.
(B) Then meandering in a northeasterly direction along
the easterly boundary of that road until the road intersects
the westerly boundary of the road that connects Umnak
Lake and the airfield.
(C) Then meandering in a southerly direction along
the western boundary of that Umnak Lake road until that
western boundary intersects the southern boundary of such
Tract 39.
(D) Then proceeding eastward along the southern
boundary of such Tract 39 to the beginning point.
(5) The term ‘‘Phase I lands’’ means Tract 39 of township
83 south, range 136 west, Seward meridian, excluding the
Nikolski powerhouse land.
(6) The term ‘‘Phase II lands’’ means the portion of the
former Nikolski Radio Relay Site not conveyed as Phase I
lands.
H. R. 1588—346
(7) The term ‘‘Public Land Order 2374’’ refers to the Public
Land Order issued in 1961 under which the Department of
the Interior withdrew public domain lands in the vicinity of
the Native Village of Nikolski on Umnak Island, Alaska, for
use by the Department of the Air Force as a radio relay site.
(b) OFFER OF CONVEYANCE.—Subject to the requirements of
this section, the Chaluka Corporation is hereby offered ownership
of the surface estate in the former Nikolski Radio Relay Site on
Umnak Island, Alaska, and the Aleut Corporation is hereby offered
the subsurface estate of the former Nikolski Radio Relay Site,
in exchange for relinquishment by the Chaluka Corporation and
the Aleut Corporation of lot 1, section 14, township 81 south,
range 133 west, Seward meridian, Alaska.
(c) ACCEPTANCE AND RELINQUISHMENT.—(1) The Secretary of
the Interior shall convey the former Nikolski Radio Relay Site
as provided in subsection (d), if the Chaluka Corporation takes
the actions specified in paragraph (2) and the Aleut Corporation
takes the actions specified in paragraph (3).
(2) As a condition for conveyance under subsection (d), the
Chaluka Corporation shall notify the Secretary of the Interior,
within 180 days after the date of the enactment of this Act, that,
by means of a legally binding resolution of its board of directors
(accompanied by the written legal opinion of counsel as to the
legal sufficiency of the board of directors’ action), the Chaluka
Corporation—
(A) accepts the offer under subsection (b);
(B) confirms that the area surveyed by the Bureau of
Land Management for the purpose of fulfilling the Chaluka
Corporation’s final entitlements under section 12(a) and (b)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(a)
and (b)), identified as Group Survey Number 773, accurately
represents the Chaluka Corporation’s final, irrevocable Alaska
Native Claims Settlement Act priorities and entitlements,
unless any tract in Group Survey Number 773 is ultimately
not conveyed as the result of an appeal; and
(C) relinquishes lot 1, section 14, township 81 south, range
133 west, Seward meridian, Alaska, which will be charged
against the Chaluka Corporation’s final entitlement under sec-
tion 12(b) of the Alaska Native Claims Settlement Act (43
U.S.C. 1611(b)).
(3) As a condition for the conveyance under subsection (d),
the Aleut Corporation shall notify the Secretary of the Interior,
within 180 days after the date of the enactment of this Act, that,
by means of a legally binding resolution of its board of directors
(accompanied by the written legal opinion of counsel as to the
legal sufficiency of the board of directors’ action), the Aleut
Corporation—
(A) accepts the offer under subsection (b); and
(B) relinquishes all rights to lot 1, section 14, township
81 south, range 133 west, Seward meridian, Alaska.
(d) CONVEYANCE.—(1) Upon receipt from the Chaluka Corpora-
tion and from the Aleut Corporation of their acceptances and
relinquishments under subsection (c), the Secretary of the Interior
shall convey to the Chaluka Corporation the surface estate, and
to the Aleut Corporation the subsurface estate, of—
(A) Phase I lands as soon as practicable; and
H. R. 1588—347
(B) each parcel of Phase II lands upon completion by the
Department of the Air Force of environmental restoration of
Phase II lands in accordance with applicable law.
(2) Upon conveyance of a parcel of land under this section,
the Secretary of the Interior shall terminate the corresponding
portion of Public Land Order 2374 relating to that parcel. Upon
conveyance of all Phase I and Phase II lands under this section,
the Secretary of the Interior shall terminate all remaining portions
of Public Land Order 2374 as it pertains to Umnak Island, Alaska.
(e) ENVIRONMENTAL RESTORATION.—Nothing in this section
affects the requirements and responsibilities of the United States
under section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)) or other applicable law. If a hazardous substance, as that
term is defined in section 101 of such Act (42 U.S.C. 9601), is
discovered on the Phase I lands subsequent to transfer, but the
hazardous substance was present on the lands before transfer and
the presence of the hazardous substance on the lands was not
the result of actions by the Chaluka Corporation or the Aleut
Corporation, the United States shall perform such response action
as is required by such Act with regard to that hazardous substance.
(f) TREATMENT
AS ANCSA LANDS.—The conveyances made
under subsection (d) shall be considered to be conveyances under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
and are subject to the provisions of that Act, except paragraphs
(3) and (4) of section 14(c) and section 17(b)(3) (43 U.S.C. 1613(c)
and 1616(b)(3)).
(g) CONVEYANCE OF EXCLUDED TRACT B LOTS.—The Secretary
of the Interior shall convey, without consideration, an estate in
fee simple in—
(1) each of lots 1, 2, 5, 6, and 9 of Tract B of Amended
United States Survey 4904 that is the subject of an Aleutian
Housing Authority mutual help occupancy agreement, to the
Aleutian Housing Authority; and
(2) the remainder of such lots to the occupants of such
lots as of the date of the enactment of this Act.
(h) CONVEYANCE OF NIKOLSKI POWERHOUSE LAND.—The Sec-
retary of the Interior shall convey, without consideration, an estate
in fee simple in the Nikolski powerhouse land—
(1) to the Indian Reorganization Act Tribal Government
for the Native Village of Nikolski, upon completion of the
environmental restoration referred to in subsection (k)(2), if
after the restoration the powerhouse continues to be located
on the Nikolski powerhouse land; or
(2) the surface estate to the Chaluka Corporation and the
subsurface estate to the Aleut Corporation, if after the restora-
tion, the Nikolski powerhouse is no longer located on the
Nikolski powerhouse land.
(i) ACCESS.—(1) As a condition of the conveyance of land under
subsection (d), the Chaluka Corporation shall permit the United
States, and its agents, employees, and contractors, to have unre-
stricted access to the airfield at Nikolski in perpetuity for site
investigation, restoration, remediation, and environmental moni-
toring of the former Nikolski Radio Relay Site and reasonable
access to that airfield, and to other land conveyed under this section,
for any activity associated with management of lands owned by
H. R. 1588—348
the United States and for other governmental purposes without
cost to the United States.
(2) The surface estate conveyed under subsection (d) shall be
subject to the public’s right of access over Hill and Beach Streets,
located on Tract B of United States Survey 4904.
(j) SURVEY REQUIREMENTS.—The Bureau of Land Management
is not required to conduct additional on-the-ground surveys as a
result of conveyances under this section. The patent to the Chaluka
Corporation may be based on protracted section lines and lotting
where relinquishment under subsection (c)(2)(C) results in a change
to the Chaluka Corporation’s final boundaries. No additional
monumentation is required to complete those final boundaries.
(k) AUTHORIZATION OF APPROPRIATIONS; TRANSFER OF FUNDS.—
(1) There are authorized to be appropriated to the Department
of the Interior and other appropriate agencies such sums as are
necessary to carry out this section.
(2) Using the funds identified for Nikolski Power House Clean-
up under Budget Activity 4 on page 116 of the Conference Report
to accompany H.R. 2658 of the 108th Congress (House Report
108–283), the Secretary of the Air Force shall make a direct lump
sum payment, in an amount equal to $1,700,000, to the fund for
pollution cleanup managed by the Alaska Energy Authority for
the purpose of assisting the Authority to perform environmental
restoration of the Nikolski powerhouse land.
(l) TERMINATION.—This section (other than subsection (g)) shall
cease to be effective if—
(1) either the Chaluka Corporation or the Aleut Corporation
affirmatively rejects the offer under subsection (b); or
(2) the legally binding resolutions required by paragraphs
(2) and (3) of subsection (c) are not submitted to the Secretary
of the Interior before the end of the 180-day period specified
in such paragraphs.
Subtitle E—Other Matters
SEC. 2871. AUTHORITY TO ACCEPT GUARANTEES WITH GIFTS IN
DEVELOPMENT OF MARINE CORPS HERITAGE CENTER,
MARINE CORPS BASE, QUANTICO, VIRGINIA.
Section 2884 of the Military Construction Authorization Act
for Fiscal Year 2001 (division B of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106–398; 114 Stat. 1654A–440)) is amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new sub-
section (f):
‘‘(f) ACCEPTANCE
OF
GUARANTEES
WITH
GIFTS.—(1) The
authority available to the Secretary under section 6975 of title
10, United States Code, to accept a qualified guarantee for purposes
of projects at the Naval Academy shall be available to the Secretary
for the project to develop the Marine Corps Heritage Center.
‘‘(2) The authority available to the Secretary under this sub-
section shall expire on December 31, 2006.’’.
H. R. 1588—349
SEC. 2872. REDESIGNATION OF YUMA TRAINING RANGE COMPLEX AS
BOB STUMP TRAINING RANGE COMPLEX.
The military aviation training facility located in southwestern
Arizona and southeastern California and known as the Yuma
Training Range Complex shall be known and designated as the
‘‘Bob Stump Training Range Complex’’. Any reference to such
training range complex in any law, regulation, map, document,
record, or other paper of the United States shall be considered
to be a reference to the Bob Stump Training Range Complex.
SEC. 2873. FEASIBILITY STUDY REGARDING CONVEYANCE OF LOU-
ISIANA ARMY AMMUNITION PLANT, DOYLINE, LOUISIANA.
(a) STUDY REQUIRED.—The Secretary of the Army shall conduct
a study of—
(1) the feasibility of using the conveyance of the Louisiana
Army Ammunition Plant in Doyline, Louisiana, as a model
for a public-private partnership for the utilization and develop-
ment of the Plant and similar parcels of real property; and
(2) the costs and benefits to the United States of such
a conveyance.
(b) ELEMENTS OF STUDY.—In conducting the study, the Sec-
retary shall consider the following:
(1) The feasibility and advisability of entering into negotia-
tions with the State of Louisiana or the Louisiana National
Guard for the conveyance of the Louisiana Army Ammunition
Plant.
(2) The means by which the conveyance of the Plant could—
(A) facilitate the execution by the Department of
Defense of its national security mission; and
(B) facilitate the continued use of the Plant by the
Louisiana National Guard and the execution by the Lou-
isiana National Guard of its national security mission.
(3) The evidence presented by the State of Louisiana of
the means by which the conveyance of the Plant could benefit
current and potential private sector and governmental tenants
of the Plant and facilitate the contribution of such tenants
to economic development in Northwestern Louisiana.
(4) The amount and type of consideration that is appro-
priate for the conveyance of the Plant.
(5) The evidence presented by the State of Louisiana of
the extent to which the conveyance of the Plant to a public-
private partnership will contribute to economic growth in the
State of Louisiana, and in Northwestern Louisiana in par-
ticular.
(6) The value of any mineral rights in the lands of the
Plant.
(7) The costs and benefits to the United States of sharing
revenues and rents paid by current and potential tenants of
the Plant as a result of the Armament Retooling and Manufac-
turing Support Program.
(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report containing the
results of the study and any other matters in light of the study
that the Secretary considers appropriate.
H. R. 1588—350
DIVISION C—DEPARTMENT OF ENERGY
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy supply.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Termination of requirement for annual updates of long-term plan for nu-
clear weapons stockpile life extension program.
Sec. 3112. Department of Energy project review groups not subject to Federal Advi-
sory Committee Act by reason of inclusion of employees of Department
of Energy management and operating contractors.
Sec. 3113. Readiness posture for resumption by the United States of underground
nuclear weapons tests.
Sec. 3114. Technical base and facilities maintenance and recapitalization activities.
Sec. 3115. Continuation of processing, treatment, and disposition of legacy nuclear
materials.
Sec. 3116. Repeal of prohibition on research and development of low-yield nuclear
weapons.
Sec. 3117. Requirement for specific authorization of Congress for commencement of
engineering development phase or subsequent phase of Robust Nuclear
Earth Penetrator.
Subtitle C—Proliferation Matters
Sec. 3121. Semiannual financial reports on defense nuclear nonproliferation pro-
grams.
Sec. 3122. Report on reduction of excessive unobligated or unexpended balances for
defense nuclear nonproliferation activities.
Sec. 3123. Study and report relating to weapons-grade uranium and plutonium of
the independent states of the former Soviet Union.
Sec. 3124. Authority to use international nuclear materials protection and coopera-
tion program funds outside the former Soviet Union.
Sec. 3125. Requirement for on-site managers.
Subtitle D—Other Matters
Sec. 3131. Performance of personnel security investigations of certain Department
of Energy and Nuclear Regulatory Commission employees in sensitive
programs.
Sec. 3132. Policy of Department of Energy regarding future defense environmental
management matters.
Sec. 3133. Inclusion in 2005 stockpile stewardship plan of certain information re-
lating to stockpile stewardship criteria.
Sec. 3134. Progress reports on Energy Employees Occupational Illness Compensa-
tion Program.
Sec. 3135. Report on integration activities of Department of Defense and Depart-
ment of Energy with respect to Robust Nuclear Earth Penetrator.
Subtitle E—Consolidation of National Security Provisions
Sec. 3141. Transfer and consolidation of recurring and general provisions on De-
partment of Energy national security programs.
H. R. 1588—351
Subtitle A—National Security Programs
Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2004 for the activities of the National Nuclear Security
Administration in carrying out programs necessary for national
security in the amount of $8,877,347,000, to be allocated as follows:
(1) For weapons activities, $6,434,772,000.
(2) 
For 
defense 
nuclear 
nonproliferation 
activities,
$1,332,195,000.
(3) For naval reactors, $768,400,000.
(4) For the Office of the Administrator for Nuclear Security,
$341,980,000.
(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 04–D–101, test capabilities revitalization, Sandia
National Laboratories, Albuquerque, New Mexico, $36,450,000.
Project 04–D–102, exterior communications infrastructure
modernization, Sandia National Laboratories, Albuquerque,
New Mexico, $20,000,000.
Project 04–D–103, project engineering and design, various
locations, $2,000,000.
Project 04–D–125, chemistry and metallurgy facility
replacement project, Los Alamos National Laboratory, Los
Alamos, New Mexico, $20,500,000.
Project 04–D–126, Building 12–44 production cells upgrade,
Pantex plant, Amarillo, Texas, $8,780,000.
Project 04–D–127, cleaning and loading modifications,
Savannah River Site, Aiken, South Carolina, $2,750,000.
Project 04–D–128, TA–18 Mission relocation project, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$8,820,000.
Project 04–D–203, facilities and infrastructure recapitaliza-
tion program, project engineering and design, various locations,
$3,719,000.
Project 03–D–102, SM–43 replacement, Los Alamos
National Laboratory, Los Alamos, New Mexico, $38,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2004 for environmental management activities in car-
rying out programs necessary for national security in the amount
of $6,809,814,000, to be allocated as follows:
(1) For defense site acceleration completion, $5,814,635,000.
(2) For defense environmental services, $995,179,000.
(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 defense
site acceleration completion, the following new plant projects:
Project 04–D–408, glass waste storage building #2,
Savannah River Site, Aiken, South Carolina, $20,259,000.
H. R. 1588—352
Project 04–D–414, project engineering and design, various
locations, $23,500,000.
Project 04–D–423, 3013 container surveillance capability
in 235–F, Savannah River Site, Aiken, South Carolina,
$1,134,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2004 for other defense activities
in carrying out programs necessary for national security in the
amount of $489,059,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2004 for defense nuclear waste
disposal for payment to the Nuclear Waste Fund established in
section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(c)) in the amount of $392,500,000.
SEC. 3105. ENERGY SUPPLY.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2004 for energy supply activities
in carrying out programs necessary for national security in the
amount of $110,473,000.
Subtitle B—Program Authorizations,
Restrictions, and Limitations
SEC. 3111. TERMINATION OF REQUIREMENT FOR ANNUAL UPDATES
OF LONG-TERM PLAN FOR NUCLEAR WEAPONS STOCK-
PILE LIFE EXTENSION PROGRAM.
Effective December 31, 2004, section 3133 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106–
65; 113 Stat. 926; 42 U.S.C. 2121 note), as transferred and redesig-
nated as section 4204 of the Atomic Energy Defense Act by section
3141(e)(5) of this Act, is further amended by striking subsections
(c) through (f).
SEC. 3112. DEPARTMENT OF ENERGY PROJECT REVIEW GROUPS NOT
SUBJECT TO FEDERAL ADVISORY COMMITTEE ACT BY
REASON OF INCLUSION OF EMPLOYEES OF DEPARTMENT
OF ENERGY MANAGEMENT AND OPERATING CONTRAC-
TORS.
An officer or employee of a management and operating con-
tractor of the Department of Energy, when serving as a member
of a group reviewing or advising on matters related to any one
or more management and operating contracts of the Department,
shall be treated as an officer or employee of the Department for
purposes of determining whether the group is an advisory committee
within the meaning of section 3 of the Federal Advisory Committee
Act (5 U.S.C. App.).
SEC. 3113. READINESS POSTURE FOR RESUMPTION BY THE UNITED
STATES OF UNDERGROUND NUCLEAR WEAPONS TESTS.
(a) READINESS POSTURE REQUIRED.—Commencing not later
than October 1, 2006, the Secretary of Energy shall achieve, and
thereafter maintain, a readiness posture of not more than 18 months
H. R. 1588—353
for resumption by the United States of underground tests of nuclear
weapons.
(b) DESCRIPTION OF REQUIREMENT.—For purposes of this sec-
tion, a readiness posture of not more than 18 months for resumption
by the United States of underground tests of nuclear weapons
is achieved when the Department of Energy has the capability
to resume such tests, if directed by the President to resume such
tests, not later than 18 months after the date on which the President
so directs.
SEC. 3114. TECHNICAL BASE AND FACILITIES MAINTENANCE AND
RECAPITALIZATION ACTIVITIES.
(a) DEADLINE FOR INCLUSION OF PROJECTS IN FACILITIES AND
INFRASTRUCTURE RECAPITALIZATION PROGRAM.—(1) The Adminis-
trator for Nuclear Security shall complete the selection of projects
for inclusion in the Facilities and Infrastructure Recapitalization
Program of the National Nuclear Security Administration not later
than December 31, 2004.
(2) No project may be included in the Facilities and Infrastruc-
ture Recapitalization Program after December 31, 2004, unless
such project has been selected for inclusion in that program as
of that date.
(b) 
TERMINATION
OF
FACILITIES
AND
INFRASTRUCTURE
RECAPITALIZATION PROGRAM.—The Administrator shall terminate
the Facilities and Infrastructure Recapitalization Program not later
than September 30, 2011.
(c) READINESS IN TECHNICAL BASE AND FACILITIES PROGRAM.—
(1) Not later than September 30, 2004, the Administrator shall
submit to the congressional defense committees a report setting
forth guidelines on the conduct of the Readiness in Technical Base
and Facilities program of the National Nuclear Security Administra-
tion.
(2) Such guidelines shall include the following:
(A) Criteria for the inclusion of projects in the program,
and for establishing priorities among projects included in the
program.
(B) Mechanisms for the management of facilities under
the program, including maintenance activities referred to in
subparagraph (C).
(C) A description of the scope of maintenance activities
under the program, including recurring maintenance, construc-
tion of facilities, recapitalization of facilities, and decontamina-
tion and decommissioning of facilities.
(3) Such guidelines shall ensure that the maintenance activities
referred to in paragraph (2)(C) are carried out in a timely and
efficient manner designed to avoid maintenance backlogs.
(d) OPERATIONS
OF FACILITIES PROGRAM.—(1) The Adminis-
trator shall continue the Operations of Facilities program of the
National Nuclear Security Administration as a subprogram within
the Readiness in Technical Base and Facilities program.
(2) The Deputy Administrator for Defense Programs shall des-
ignate a single manager to be responsible for overseeing the oper-
ations of the Operations of Facilities subprogram within the Readi-
ness in Technical Base and Facilities program.
(3) For fiscal year 2005, and for each fiscal year thereafter,
the Secretary of Energy shall submit to the congressional defense
H. R. 1588—354
committees, together with the budget justification materials sub-
mitted to Congress in support of the National Nuclear Security
Administration budget for that fiscal year (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code), a separate statement of the amounts requested for
such fiscal year for each element of the Operations of Facilities
subprogram, as follows:
(A) Maintenance.
(B) Facilities management and support.
(C) Utilities.
(D) Environment, safety, and health.
(E) Each other element of the subprogram.
SEC. 3115. CONTINUATION OF PROCESSING, TREATMENT, AND DIS-
POSITION OF LEGACY NUCLEAR MATERIALS.
(a) CONTINUATION OF H–CANYON FACILITY.—Subsection (a) of
section 3137 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106–
398; 114 Stat. 1654A–460) is amended—
(1) by striking ‘‘F–canyon and H–canyon facilities’’ and
inserting ‘‘H–canyon facility’’; and
(2) by striking ‘‘such facilities’’ and inserting ‘‘such facility’’.
(b) MODIFICATION
OF LIMITATION
ON USE
OF FUNDS
FOR
DECOMMISSIONING F–CANYON FACILITY.—Subsection (b) of such sec-
tion is amended—
(1) by striking ‘‘and the Defense Nuclear Facilities Safety
Board’’ and all that follows through ‘‘House of Representatives’’
and inserting ‘‘submits to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives, and the Defense Nuclear Facilities
Safety Board,’’; and
(2) by striking ‘‘the following:’’ and all that follows and
inserting ‘‘a report setting forth—
‘‘(1) an assessment whether or not all materials present
in the F–canyon facility as of the date of the report that
required stabilization have been safely stabilized as of that
date;
‘‘(2) an assessment whether or not the requirements
applicable to the F–canyon facility to meet the future needs
of the United States for fissile materials disposition can be
met through full use of the H–canyon facility at the Savannah
River Site; and
‘‘(3) if it appears that one or more of the requirements
described in paragraph (2) cannot be met through full use
of the H–canyon facility—
‘‘(A) an identification by the Secretary of each such
requirement that cannot be met through full use of the
H–canyon facility; and
‘‘(B) for each requirement so identified, the reasons
why such requirement cannot be met through full use
of the H–canyon facility and a description of the alternative
capability for fissile materials disposition that is needed
to meet such requirement.’’.
(c) REPEAL OF SUPERSEDED PLAN REQUIREMENT.—Subsection
(c) of such section is repealed.
H. R. 1588—355
SEC. 3116. REPEAL OF PROHIBITION ON RESEARCH AND DEVELOP-
MENT OF LOW-YIELD NUCLEAR WEAPONS.
(a) REPEAL.—Section 3136 of the National Defense Authoriza-
tion Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1946;
42 U.S.C. 2121 note) is repealed.
(b) CONSTRUCTION.—Nothing in the repeal made by subsection
(a) shall be construed as authorizing the testing, acquisition, or
deployment of a low-yield nuclear weapon.
(c) LIMITATION.—The Secretary of Energy may not commence
the engineering development phase, or any subsequent phase, of
a low-yield nuclear weapon unless specifically authorized by Con-
gress.
(d) REPORT.—(1) Not later than March 1, 2004, the Secretary
of State, the Secretary of Defense and the Secretary of Energy
shall jointly submit to Congress a report assessing whether or
not the repeal of section 3136 of the National Defense Authorization
Act for Fiscal Year 1994 will affect the ability of the United States
to achieve its nonproliferation objectives and whether or not any
changes in programs and activities would be required to achieve
those objectives.
(2) The report shall be submitted in unclassified form, but
may include a classified annex if necessary.
SEC. 3117. REQUIREMENT FOR SPECIFIC AUTHORIZATION OF CON-
GRESS 
FOR 
COMMENCEMENT 
OF 
ENGINEERING
DEVELOPMENT PHASE OR SUBSEQUENT PHASE OF
ROBUST NUCLEAR EARTH PENETRATOR.
The Secretary of Energy may not commence the engineering
development phase (phase 6.3) of the nuclear weapons development
process, or any subsequent phase, of a Robust Nuclear Earth Pene-
trator weapon unless specifically authorized by Congress.
Subtitle C—Proliferation Matters
SEC. 3121. SEMIANNUAL FINANCIAL REPORTS ON DEFENSE NUCLEAR
NONPROLIFERATION PROGRAMS.
(a) IN GENERAL.—Subtitle D of the National Nuclear Security
Administration Act is amended by inserting after section 3253
(50 U.S.C. 2453) the following new section:
‘‘SEC. 3254. SEMIANNUAL FINANCIAL REPORTS ON DEFENSE NUCLEAR
NONPROLIFERATION PROGRAMS.
‘‘(a) SEMIANNUAL REPORTS REQUIRED.—The Administrator shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a semiannual report on the amounts
available for the defense nuclear nonproliferation programs of the
Administration. Each such report shall cover a half of a fiscal
year (in this section referred to as a ‘fiscal half’) and shall be
submitted not later than 30 days after the end of that fiscal half.
‘‘(b) CONTENTS.—Each report for a fiscal half shall, for each
such defense nuclear nonproliferation program for which amounts
are available for the fiscal year that includes that fiscal half, set
forth the following:
‘‘(1) The aggregate amount available for such program as
of the beginning of such fiscal half and, within such amount,
the uncommitted balances, the unobligated balances, and the
unexpended balances.