[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2402 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                S. 2402

_______________________________________________________________________

                                 AN ACT


 
     To authorize appropriations for fiscal year 2005 for military 
                 construction, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Construction Authorization 
Act for Fiscal Year 2005''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
                            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. Modification of authority to carry out certain fiscal year 
                            2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 
                            2003 project.
                            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. Modification of authority to carry out certain fiscal year 
                            2004 projects.
                         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.
                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
                            acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land 
                            acquisition projects.
        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 2002 
                            projects.
Sec. 2703. Extension of authorization of certain fiscal year 2001 
                            project.
Sec. 2704. Effective date.
                    TITLE XXVIII--GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

Sec. 2801. Increase in thresholds for unspecified minor military 
                            construction projects.
Sec. 2802. Modification of approval and notice requirements for 
                            facility repair projects.
Sec. 2803. Additional reporting requirements relating to alternative 
                            authority for acquisition and improvement 
                            of military housing.
Sec. 2804. Modification of authorities under alternative authority for 
                            acquisition and improvement of military 
                            housing.
        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Recodification and consolidation of certain authorities and 
                            limitations relating to real property 
                            administration.
Sec. 2812. Modification and enhancement of authorities on facilities 
                            for reserve components.
Sec. 2813. Authority to exchange or sell reserve component facilities 
                            and lands to obtain new reserve component 
                            facilities and lands.
Sec. 2814. Repeal of authority of Secretary of Defense to recommend 
                            that installations be placed in inactive 
                            status during 2005 round of defense base 
                            closure and realignment.
                      Subtitle C--Land Conveyances

Sec. 2821. Transfer of administrative jurisdiction, Defense Supply 
                            Center, Columbus, Ohio.
Sec. 2822. Land conveyance, Browning Army Reserve Center, Utah.
Sec. 2823. Land exchange, Arlington County, Virginia.
Sec. 2824. Land conveyance, Hampton, Virginia.
Sec. 2825. Land conveyance, Seattle, Washington.
Sec. 2826. Transfer of jurisdiction, Nebraska Avenue Naval Complex, 
                            District of Columbia.
Sec. 2827. Land conveyance, Honolulu, Hawaii.
Sec. 2828. Land conveyance, Portsmouth, Virginia.
Sec. 2829. Land conveyance, former Griffiss Air Force Base, New York.
Sec. 2830. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2831. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2832. Land conveyance, March Air Force Base, California.
Sec. 2833. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2834. Land conveyance, Naval Weapons Station, Charleston, South 
                            Carolina.
Sec. 2835. Land conveyance, Louisiana Army Ammunition Plant, Doyline, 
                            Louisiana.
Sec. 2836. Modification of authority for land conveyance, equipment and 
                            storage yard, Charleston, South Carolina.
                       Subtitle D--Other Matters

Sec. 2841. Department of Defense Follow-On Laboratory Revitalization 
                            Demonstration Program.
Sec. 2842. Jurisdiction and utilization of former public domain lands, 
                            Umatilla Chemical Depot, Oregon.
Sec. 2843. Development of heritage center for the National Museum of 
                            the United States Army.
Sec. 2844. Authority to settle claim of Oakland Base Reuse Authority 
                            and Redevelopment Agency of the City of 
                            Oakland, California.
Sec. 2845. Comptroller general report on closure of Department of 
                            Defense Dependent Elementary and Secondary 
                            Schools and commissary stores.
                  TITLE XXIX--MARITIME ADMINISTRATION

Sec. 2901. Modification of priority afforded applications for national 
                            defense tank vessel construction 
                            assistance.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Appropriations of the House of Representatives.

                            TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of 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
------------------------------------------------------------------------
                                    Installation or
             State                      location             Amount
------------------------------------------------------------------------
Alabama........................  Anniston Army Depot..       $23,690,000
                                 Fort Rucker..........       $16,500,000
Alaska.........................  Fort Richardson......       $24,300,000
                                 Fort Wainwright......       $92,459,000
Arizona........................  Fort Huachuca........       $18,000,000
California.....................  Fort Irwin...........       $38,100,000
                                 Sierra Army Depot....       $13,600,000
Colorado.......................  Fort Carson..........       $63,158,000
Georgia........................  Fort Benning.........       $71,777,000
                                 Fort Gillem..........        $5,800,000
                                 Fort McPherson.......        $4,900,000
                                 Fort Stewart/Hunter         $65,495,000
                                  Army Air Field......
Hawaii.........................  Helemano Military           $75,300,000
                                  Reservation.
                                 Hickam Air Field.....       $11,200,000
                                 Pohakuloa Training          $40,000,000
                                  Area.
                                 Schofield Barracks...      $162,792,000
                                 Wheeler Army Air            $24,000,000
                                  Field.
Kansas.........................  Fort Riley...........       $59,550,000
Kentucky.......................  Fort Campbell........       $92,000,000
                                 Fort Knox............       $75,750,000
Louisiana......................  Fort Polk............       $70,953,000
Maryland.......................  Aberdeen Proving            $13,000,000
                                  Ground.
Missouri.......................  Fort Leonard Wood....       $28,150,000
New Mexico.....................  White Sands Missile         $33,000,000
                                  Range.
New York.......................  Fort Drum............        $7,950,000
                                 Fort Hamilton........        $7,600,000
                                 Military Entrance            $6,200,000
                                  Processing Station,
                                  Buffalo.
                                 United States               $60,000,000
                                  Military Academy,
                                  West Point.
North Carolina.................  Fort Bragg...........      $101,687,000
Oklahoma.......................  Fort Sill............       $14,400,000
Pennsylvania...................  Letterkenny Depot....       $11,400,000
Texas..........................  Fort Bliss...........       $20,100,000
                                 Fort Hood............       $78,088,000
                                 Fort Sam Houston.....       $11,400,000
Virginia.......................  Fort A.P. Hill.......       $14,775,000
                                 Fort Myer............       $49,526,000
Washington.....................  Fort Lewis...........       $57,200,000
                                                       -----------------
                                     Total............    $1,563,800,000
------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations 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
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Germany........................  Grafenwoehr............     $77,200,000
Italy..........................  Livorno................     $26,000,000
Korea..........................  Camp Humphreys.........     $12,000,000
                                                         ---------------
                                 Total..................    $115,200,000
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
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 or locations, 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 Richardson............  92 Units...................   $42,000,000
                                          Fort Wainwright............  246 Units..................  $124,000,000
Arizona.................................  Fort Huachuca..............  205 Units..................   $41,000,000
                                          Yuma Proving Grounds.......  55 Units...................   $14,900,000
Kansas..................................  Fort Riley.................  126 Units..................   $33,000,000
New Mexico..............................  White Sands Missile Range..  156 Units..................   $31,000,000
Oklahoma................................  Fort Sill..................  247 Units..................   $47,000,000
Virginia................................  Fort Lee...................  218 Units..................   $46,000,000
                                          Fort Monroe................  68 Units...................   $16,000,000
                                                                                                   -------------
                                                                           Total..................  $394,900,000
----------------------------------------------------------------------------------------------------------------

    (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 $29,209,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2104(a)(5)(A), the Secretary of the Army may improve existing 
military family housing units in an amount not to exceed $211,990,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for military 
construction, land acquisition, and military family housing functions 
of the Department of the Army in the total amount of $3,507,891,000, as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2101(a), $1,534,500,000.
            (2) For military construction projects outside the United 
        States authorized by section 2101(b), $115,200,000.
            (3) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $20,000,000.
            (4) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $154,335,000.
            (5) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $636,099,000.
                    (B) For support of military family housing 
                (including the functions described in section 2833 of 
                title 10, United States Code), $928,907,000.
            (6) For the construction of phase 3 of a barracks complex 
        renewal, Capron Road, Schofield Barracks, Hawaii, 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), $48,000,000.
            (7) For the construction of phase 3 of a 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), as 
        amended by section 2106 of this Act, $13,100,000.
            (8) For the construction of phase 2 of a barracks complex, 
        5th and 16th Street, at Fort Stewart/Hunter Army Air Field, 
        Georgia, authorized by section 2101(a) of the Military 
        Construction Authorization Act for Fiscal Year 2004 (division B 
        of Public Law 108-136; 117 Stat. 1697), as amended by section 
        2105 of this Act, $32,950,000.
            (9) For the construction of phase 2 of the Lewis and Clark 
        instructional facility, at Fort Leavenworth, Kansas, authorized 
        by section 2101(a) of the Military Construction Authorization 
        Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 
        Stat. 1697), $44,000,000.
            (10) For the construction of phase 2 of a barracks complex 
        at Wheeler Sack Army Air Field, Fort Drum, New York, authorized 
        by section 2101(a) of the Military Construction Authorization 
        Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 
        Stat. 1697), as amended by section 2105 of this Act, 
        $48,000,000.
            (11) For the construction of phase 2 of a barracks complex, 
        Bastogne Drive, at Fort Bragg, North Carolina, authorized by 
        section 2101(a) of the Military Construction Authorization Act 
        for Fiscal Year 2004 (division B of Public Law 108-136; 117 
        Stat. 1697), $48,000,000.
    (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 authorized by law, 
the total cost of all projects carried out under section 2101 of this 
Act may not exceed--
            (1) the total amount authorized to be appropriated under 
        paragraphs (1) and (2) of subsection (a);
            (2) $41,000,000 (the balance of the amount authorized under 
        section 2101(a) for an upgrade to Drum Road at the Helemano 
        Military Reservation, Hawaii);
            (3) $25,000,000 (the balance of the amount authorized under 
        section 2101(a) to construct a vehicle maintenance facility at 
        Schofield Barracks, Hawaii);
            (4) $25,000,000 (the balance of the amount authorized under 
        section 2101(a) for construction of a barracks complex, 42nd 
        Street and Indiana Avenue, at Fort Campbell, Kentucky);
            (5) $22,000,000 (the balance of the amount authorized under 
        section 2101(a) for the construction of a basic combat training 
        complex at Fort Knox, Kentucky);
            (6) $31,000,000 (the balance of the amount authorized under 
        section 2101(a) for construction of a barracks complex, 
        Blackjack Street, Fort Bragg, North Carolina); and
            (7) $25,500,000 (the balance of the amount authorized under 
        section 2101(a) for construction of a library and learning 
        center at the United States Military Academy, New York).

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2004 PROJECTS.

    The table in section 2101(a) of the Military Construction 
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1697) is amended--
            (1) in the item relating to Fort Stewart, Georgia, by 
        striking ``$113,500,000'' in the amount column and inserting 
        ``$114,450,000'';
            (2) in the item relating to Fort Drum, New York, by 
        striking ``$130,700,000'' in the amount column and inserting 
        ``$135,700,000''; and
            (3) by striking the amount identified as the total in the 
        amount column and inserting ``$1,043,150,000''.

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2003 PROJECT.

    The table in 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(a)(2) of the Military 
Construction Authorization Act for Fiscal Year 2004 (division B of 
Public Law 108-136; 117 Stat. 1701), is further amended--
            (1) in the item relating to Fort Sill, Oklahoma, by 
        striking ``$39,652,000'' in the amount column and inserting 
        ``$40,752,000''; and
            (2) by striking the amount identified as the total in the 
        amount column and inserting ``$1,157,267,000''.

                            TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of 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
------------------------------------------------------------------------
                                     Installation or
             State                      location              Amount
------------------------------------------------------------------------
Arizona........................  Marine Corps Air            $26,670,000
                                  Station, Yuma.
California.....................  Marine Corps Base,          $38,455,000
                                  Camp Pendleton.
                                 Naval Air Facility, El      $54,331,000
                                  Centro.
                                 Recruit Depot, San           $8,110,000
                                  Diego.
Connecticut....................  Naval Submarine Base,       $50,302,000
                                  New London.
District of Columbia...........  Naval Observatory,           $3,239,000
                                  Washington.
Florida........................  Eglin Air Force Base..       $2,060,000
                                 Naval Station, Mayport       $6,200,000
Georgia........................  Strategic Weapons           $16,000,000
                                  Facility Atlantic,
                                  Kings Bay............
Illinois.......................  Naval Training              $74,781,000
                                  Station, Great Lakes.
Maine..........................  Naval Air Station,           $4,690,000
                                  Brunswick............
                                 Portsmouth Naval             $7,860,000
                                  Station..............
Maryland.......................  Naval Surface Warfare       $13,900,000
                                  Center, Indian Head..
Mississippi....................  Naval Construction           $4,350,000
                                  Battalion Center,
                                  Gulfport.............
Nevada.........................  Naval Air Station,           $4,980,000
                                  Fallon...............
North Carolina.................  Marine Corps Air            $35,140,000
                                  Station, New River...
                                 Marine Corps Base,          $13,420,000
                                  Camp Lejeune.........
                                 Washington County.....     $136,900,000
Rhode Island...................  Naval Station Newport.       $9,080,000
South Carolina.................  Naval Weapons Station,      $18,140,000
                                  Charleston.
Virginia.......................  Camp Elmore Marine          $13,500,000
                                  Corps Detachment.
                                 Marine Corps Base,          $46,270,000
                                  Quantico.............
                                 Naval Air Station,           $2,770,000
                                  Oceana...............
                                 Naval Amphibious Base,       $2,850,000
                                  Little Creek.
                                 Naval Station, Norfolk       $4,330,000
                                 Naval Weapons Station,       $9,870,000
                                  Yorktown.............
Washington.....................  Naval Shipyard Puget        $20,305,000
                                  Sound, Bremerton.
                                 Naval Station,              $74,125,000
                                  Bremerton.
                                 Strategic Weapons          $131,090,000
                                  Facility Pacific,
                                  Bangor...............
                                                        ----------------
                                     Total.............     $833,718,000
------------------------------------------------------------------------

    (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
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Diego Garcia...................  Naval Support Facility,     $17,500,000
                                  Diego Garcia..........
Guam...........................  Naval Station, Guam....     $33,200,000
Italy..........................  Sigonella..............     $22,550,000
                                                         ---------------
                                     Total..............     $73,250,000
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2204(a)(3), the 
Secretary of the Navy may acquire real property and carry out military 
construction projects for the installations or locations, and in the 
amount, set forth in the following table:


                       Navy: Unspecified Worldwide
------------------------------------------------------------------------
                                     Installation or
            Location                     location             Amount
------------------------------------------------------------------------
Worldwide Unspecified..........  Unspecified Worldwide..     $52,658,000
                                                         ---------------
                                     Total..............     $52,658,000
------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2204(a)(6)(A), the Secretary of the Navy may 
construct or acquire family housing units (including land acquisition 
and supporting facilities) at the installations or locations, for the 
purposes, and in the amounts set forth in the following table:


                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or Location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
North Carolina..........................  Marine Corps Air Station,    198 Units..................   $27,002,000
                                           Cherry Point..............
                                                                                                   -------------
                                                                           Total..................   $27,002,000
----------------------------------------------------------------------------------------------------------------

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 appropriations in 
section 2204(a)(6)(A), the Secretary of the Navy may improve existing 
military family housing units in an amount not to exceed $112,105,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for military 
construction, land acquisition, and military family housing functions 
of the Department of the Navy in the total amount of $1,843,716,000, as 
follows:
            (1) For military construction projects inside the United 
        States authorized by section 2201(a), $694,338,000.
            (2) For military construction projects outside the United 
        States authorized by section 2201(b), $73,250,000.
            (3) For military construction projects at unspecified 
        worldwide locations authorized by section 2201(c), $18,560,000.
            (4) For unspecified minor military construction projects 
        authorized by section 2805 of title 10, United States Code, 
        $12,000,000.
            (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $87,067,000.
            (6) For military family housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $139,107,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $704,504,000.
            (7) For the construction of phase 2 of the tertiary sewage 
        treatment plant at Marine Corps Base, Camp Pendleton, 
        California, authorized by section 2201(a) of the Military 
        Construction Authorization Act for Fiscal Year 2004 (division B 
        of Public Law 108-136; 117 Stat. 1703), $25,690,000.
            (8) For the construction of phase 2 of the general purpose 
        berthing pier at Naval Weapons Station, Earle, New Jersey, 
        authorized by section 2201(a) of the Military Construction 
        Authorization Act for Fiscal Year 2004, $49,200,000.
            (9) For the construction of phase 2 of pier 11 replacement 
        at Naval Station, Norfolk, Virginia, authorized by section 
        2201(a) of the Military Construction Authorization Act for 
        Fiscal Year 2004, $40,000,000.
    (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 authorized by law, 
the total cost of all projects carried out under section 2201 of this 
Act may not exceed--
            (1) the total amount authorized to be appropriated under 
        paragraphs (1), (2), and (3) of subsection (a);
            (2) $21,000,000 (the balance of the amount authorized under 
        section 2201(a) for the replacement of an aircraft parking 
        apron and hangar at Naval Air Facility El Centro, California);
            (3) $70,000,000 (the balance of the amount authorized under 
        section 2201(a) to acquire land interests for an outlying 
        landing field in Washington County, North Carolina);
            (4) $95,320,000 (the balance of the amount authorized under 
        section 2201(a) for construction of a limited area production 
        and storage complex at the Strategic Weapons Facility Pacific, 
        Bangor, Washington); and
            (5) $40,000,000 (the balance of the amount authorized under 
        section 2201(a) for the construction of a bachelor enlisted 
        quarters at Naval Station Bremerton, Washington).

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 
              2004 PROJECTS.

    The table in section 2201(a) of the Military Construction 
Authorization Act for Fiscal Year 2004 (division B of Public Law 108-
136; 117 Stat. 1703) is amended--
            (1) in the item relating to Various Locations, CONUS, by 
        striking ``$56,360,000'' in the amount column and inserting 
        ``$61,510,000''; and
            (2) by striking the amount identified as the total in the 
        amount column and inserting ``$1,341,022,000''.

                         TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION 
              PROJECTS.

    (a) Inside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(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
------------------------------------------------------------------------
                                     Installation or
             State                       location             Amount
------------------------------------------------------------------------
Alaska.........................  Elmendorf Air Force         $54,057,000
                                  Base.
Arizona........................  Davis-Monthan Air Force     $10,029,000
                                  Base.
                                 Luke Air Force Base....     $10,000,000
Arkansas.......................  Little Rock Air Force        $5,031,000
                                  Base.
California.....................  Beale Air Force Base...     $10,186,000
                                 Edwards Air Force Base.      $9,965,000
                                 Travis Air Force Base..     $15,244,000
Colorado.......................  Buckley Air Force Base.     $12,247,000
Delaware.......................  Dover Air Force Base...      $9,500,000
Florida........................  Patrick Air Force Base.      $8,800,000
Georgia........................  Moody Air Force Base...      $9,600,000
                                 Robins Air Force Base..     $15,000,000
Hawaii.........................  Hickam Air Force Base..     $34,400,000
                                 Maui Site..............      $7,500,000
Louisiana......................  Barksdale Air Force         $13,800,000
                                  Base.
Maryland.......................  Andrews Air Force Base.     $17,100,000
Mississippi....................  Columbus Air Force Base      $7,700,000
Montana........................  Malmstrom Air Force          $5,600,000
                                  Base.
Nebraska.......................  Offut Air Force Base...      $6,721,000
New Mexico.....................  Cannon Air Force Base..      $9,500,000
North Carolina.................  Pope Air Force Base....     $15,150,000
North Dakota...................  Minot Air Force Base...      $9,900,000
Ohio...........................  Wright-Patterson Air         $9,200,000
                                  Force Base.
Oklahoma.......................  Altus Air Force Base...     $10,500,000
                                 Tinker Air Force Base..      $8,000,000
South Carolina.................  Shaw Air Force Base....      $3,300,000
South Dakota...................  Ellsworth Air Force         $11,800,000
                                  Base.
Tennessee......................  Arnold Air Force Base..     $22,000,000
Texas..........................  Dyess Air Force Base...     $11,000,000
                                 Lackland Air Force Base      $2,596,000
                                 Sheppard Air Force Base     $50,284,000
Utah...........................  Hill Air Force Base....     $20,813,000
Wyoming........................  F.E. Warren Air Force        $5,500,000
                                  Base.
                                                         ---------------
                                 Total..................    $452,023,000
------------------------------------------------------------------------

    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2304(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
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Germany........................  Ramstein Air Base......     $25,404,000
Greenland......................  Thule Air Base.........     $19,800,000
Guam...........................  Andersen Air Base......     $19,593,000
Italy..........................  Aviano Air Base........      $6,760,000
Korea..........................  Kunsan Air Base........     $37,100,000
                                 Osan Air Base..........     $18,600,000
Portugal.......................  Lajes Field, Azores....      $5,689,000
United Kingdom.................  Royal Air Force,             $5,500,000
                                  Lakenheath.
                                                         ---------------
                                     Total..............    $138,446,000
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2304(3), the Secretary 
of the Air Force may acquire real property and carry out military 
construction projects for the installations and locations, and in the 
amounts, set forth in the following table:


                    Air Force: Unspecified Worldwide
------------------------------------------------------------------------
                                     Installation or
            Location                     location             Amount
------------------------------------------------------------------------
Worldwide Classified...........  Worldwide Unspecified       $28,794,000
                                  Classified.
Worldwide Unspecified..........  Worldwide Unspecified..     $26,121,000
                                                         ---------------
                                     Total..............     $54,915,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

    (a) Construction and Acquisition.--Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(6)(A), 
the Secretary of the Air Force may construct or acquire family housing 
units (including land acquisition and supporting facilities) at the 
installations or locations, for the purposes, and in the amounts set 
forth in the following table:


                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
                  State                     Installation or location             Purpose               Amount
----------------------------------------------------------------------------------------------------------------
Arizona.................................  Davis-Monthan Air Force      250 Units..................   $48,500,000
                                           Base......................
California..............................  Edwards Air Force Base.....  218 Units..................   $41,202,000
                                          Vandenberg Air Force Base..  120 Units..................   $30,906,000
Florida.................................  MacDill Air Force Base.....  61 Units...................   $21,723,000
                                          MacDill Air Force Base.....  Housing Maintenance            $1,250,000
                                                                        Facility.
Idaho...................................  Mountain Home Air Force      147 Units..................   $39,333,000
                                           Base......................
Mississippi.............................  Columbus Air Force Base....  Family Housing Management        $711,000
                                                                        Facility..................
Missouri................................  Whiteman Air Force Base....  160 Units..................   $37,087,000
Montana.................................  Malmstrom Air Force Base...  115 Units..................   $29,910,000
North Carolina..........................  Seymour Johnson Air Force    167 Units..................   $32,693,000
                                           Base......................
North Dakota............................  Grand Forks Air Force Base.  90 Units...................   $26,169,000
                                          Minot Air Force Base.......  142 Units..................   $37,087,000
South Carolina..........................  Charleston Air Force Base..  Fire Station...............    $1,976,000
South Dakota............................  Ellsworth Air Force Base...  75 Units...................   $21,482,000
Texas...................................  Dyess Air Force Base.......  127 Units..................   $28,664,000
                                          Goodfellow Air Force Base..  127 Units..................   $20,604,000
Germany.................................  Ramstein Air Base..........  144 Units..................   $57,691,000
Italy...................................  Aviano Air Base............  Family Housing Office......    $2,542,000
Korea...................................  Osan Air Base..............  117 Units..................   $46,834,000
United Kingdom..........................  Royal Air Force, Lakenheath  154 Units..................   $43,976,000
                                                                                                   -------------
                                                                           Total..................  $570,340,000
----------------------------------------------------------------------------------------------------------------

    (b) Planning and Design.--Using amounts appropriated pursuant to 
the authorization of appropriations in section 2304(6)(A), the 
Secretary of the Air Force 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 $38,266,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, Unites States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2304(6)(A), the Secretary of the Air Force may improve existing 
military family housing units in an amount not to exceed $238,353,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

    (a) Authorization of Appropriation.--Funds are hereby authorized to 
be appropriated for fiscal years beginning after September 30, 2004, 
for military construction, land acquisition, and military family 
housing functions of the Department of the Air Force in the total 
amount of $2,485,542,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2301(a), $452,023,000.
            (2) For military construction projects outside the United 
        States authorized by section 2301(b), $138,446,000.
            (3) For military construction projects at unspecified 
        worldwide locations authorized by section 2301(c), $54,915,000.
            (4) For unspecified minor construction projects authorized 
        by section 2805 of title 10, United States Code, $13,000,000.
            (5) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $124,085,000.
            (6) For military housing functions:
                    (A) For construction and acquisition, planning and 
                design, and improvement of military family housing and 
                facilities, $846,959,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $856,114,000.
    (b) Offset for Certain Military Construction Project.--The amount 
authorized to be appropriated by section 421 for military personnel is 
hereby reduced by $5,500,000, with the amount of the reduction to be 
derived from excess amounts authorized for military personnel of the 
Air Force.

                      TITLE XXIV--DEFENSE AGENCIES

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 2404(a)(1), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations and locations inside the 
United States, and in the amounts, set forth in the following table:


               Defense Agencies: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Defense Intelligence Agency....  Bolling Air Force Base,      $6,000,000
                                  District of Columbia..
Defense Logistics Agency.......  Defense Distribution        $22,300,000
                                  Depot, New Cumberland,
                                  Pennsylvania..........
                                 Defense Distribution        $10,100,000
                                  Depot, Richmond,
                                  Virginia..............
                                 Defense Fuel Support         $3,589,000
                                  Point, Naval Air
                                  Station Oceana,
                                  Virginia..............
                                 Marine Corps Air            $22,700,000
                                  Station, Cherry Point,
                                  North Carolina........
                                 Naval Air Station,           $3,900,000
                                  Kingsville, Texas.....
                                 Naval Station, Pearl         $3,500,000
                                  Harbor, Hawaii........
                                 Tinker Air Force Base,       $5,400,000
                                  Oklahoma..............
                                 Travis Air Force Base,      $15,100,000
                                  California............
Missile Defense Agency.........  Huntsville, Alabama....     $19,560,000
National Security Agency.......  Fort Meade, Maryland...     $15,007,000
Special Operations Command.....  Corona, California.....     $13,600,000
                                 Fleet Combat Training        $5,700,000
                                  Center, Dam Neck,
                                  Virginia..............
                                 Fort A.P. Hill,              $1,500,000
                                  Virginia..............
                                 Fort Bragg, North           $42,888,000
                                  Carolina..............
                                 Fort Campbell, Kentucky      $3,500,000
                                 Fort Stewart/Hunter         $17,600,000
                                  Army Air Field,
                                  Georgia...............
                                 Naval Air Station,           $1,000,000
                                  North Island,
                                  California............
                                 Naval Amphibious Base,      $33,200,000
                                  Little Creek, Virginia
                                 Stennis Center,              $6,000,000
                                  Mississippi...........
Tri-Care Management Activity...  Buckley Air Force Base,      $2,100,000
                                  Colorado..............
                                 Fort Belvoir, Virginia.    $100,000,000
                                 Fort Benning, Georgia..      $7,100,000
                                 Jacksonville, Florida..     $28,438,000
                                 Langley Air Force Base,     $50,800,000
                                  Virginia..............
                                 Marine Corps Recruit        $25,000,000
                                  Depot, Parris Island,
                                  South Carolina........
                                                         ---------------
                                     Total..............    $465,582,000
------------------------------------------------------------------------


    (b) Outside the United States.--Using amounts appropriated pursuant 
to the authorization of appropriations in section 2404(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
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Defense Education Agency.......  Grafenwoehr, Germany...     $36,247,000
                                 Vilseck, Germany.......      $9,011,000
                                 Naval Station, Guam....     $26,964,000
Defense Logistics Agency.......  Defense Fuel Support        $19,113,000
                                  Point, Lajes Field,
                                  Portugal..............
Special Operations Command.....  Naval Station, Guam,         $2,200,000
                                  Marianas Islands......
Tri-Care Management Activity...  Diego Garcia...........      $3,800,000
                                 Grafenwoehr, Germany...     $13,000,000
                                                         ---------------
                                     Total..............    $110,335,000
------------------------------------------------------------------------

    (c) Unspecified Worldwide.--Using the amounts appropriated pursuant 
to the authorization of appropriations in section 2404(a)(3), the 
Secretary of Defense may acquire real property and carry out military 
construction projects for the installations and locations, and in the 
amounts, set forth in the following table:


                 Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
                                     Installation or
            Location                     location             Amount
------------------------------------------------------------------------
Worldwide Classified...........  Worldwide Unspecified        $7,400,000
                                  Classified............
Worldwide Unspecified..........  Worldwide Unspecified..      $2,900,000
                                                         ---------------
                                     Total..............     $10,300,000
------------------------------------------------------------------------

SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using 
amounts appropriated pursuant to the authorization of appropriations in 
section 2404(a)(9)(A), the Secretary of Defense may improve existing 
military family housing units in an amount not to exceed $49,000.

SEC. 2403. ENERGY CONSERVATION PROJECTS.

    Using amounts appropriated pursuant to the authorization of 
appropriations in section 2404(a)(7), the Secretary of Defense may 
carry out energy conservation projects under section 2865 of title 10, 
United States Code, in the amount of $60,000,000.

SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

    (a) In General.--Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2004, for military 
construction, land acquisition, and military family housing functions 
of the Department of Defense (other than the military departments) in 
the total amount of $1,062,463,000, as follows:
            (1) For military construction projects inside the United 
        States authorized by section 2401(a), $408,582,000.
            (2) For military construction projects outside the United 
        States authorized by section 2401(b), $110,335,000.
            (3) For the military construction projects at unspecified 
        worldwide locations authorized by section 2401(c), $10,300,000.
            (4) For unspecified minor military construction projects 
        under section 2805 of title 10, United States Code, 
        $20,938,000.
            (5) For contingency construction projects of the Secretary 
        of Defense under section 2804 of title 10, United States Code, 
        $10,000,000.
            (6) For architectural and engineering services and 
        construction design under section 2807 of title 10, United 
        States Code, $62,182,000.
            (7) For energy conservation projects authorized by section 
        2404, $60,000,000.
            (8) For base closure and realignment activities as 
        authorized by the Defense Base Closure and Realignment Act of 
        1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
        2687 note), $246,116,000.
            (9) For military family housing functions:
                    (A) For improvement of military family housing and 
                facilities, $49,000.
                    (B) For support of military family housing 
                (including functions described in section 2833 of title 
                10, United States Code), $49,575,000.
                    (C) For credit to the Department of Defense Family 
                Housing Improvement Fund established by section 
                2883(a)(1) of title 10, United States Code, $2,500,000.
            (10) For the construction of phase 6 of a munitions 
        demilitarization facility at Pueblo Chemical Activity, 
        Colorado, authorized by section 2401(a) of the Military 
        Construction Authorization Act for Fiscal Year 1997 (division B 
        of Public Law 104-201; 110 Stat. 2775), as amended by section 
        2406 of the Military Construction Authorization Act for Fiscal 
        Year 2000 (division B of Public Law 106-65; 113 Stat. 839) and 
        section 2407 of the Military Construction Authorization Act for 
        Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 
        2698), $44,792,000.
            (11) For the construction of phase 5 of a munitions 
        demilitarization facility at Blue Grass Army Depot, Kentucky, 
        authorized by section 2401(a) of the Military Construction 
        Authorization Act for Fiscal Year 2000 (division B of Public 
        Law 106-65; 113 Stat. 835), as amended by section 2405 of the 
        Military Construction Authorization Act of 2002 (division B of 
        Public Law 107-107; 115 Stat. 1298) and section 2405 of the 
        Military Construction Authorization Act for Fiscal Year 2003 
        (division B of Public Law 107-314; 116 Stat. 2698), 
        $37,094,000.
    (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 authorized by law, 
the total cost of all projects carried out under section 2401 of this 
Act may not exceed--
            (1) the total amount authorized to be appropriated under 
        paragraphs (1), (2), and (3) of subsection (a); and
            (2) $57,000,000 (the balance of the amount authorized under 
        section 2401(a) for the replacement of a hospital at Fort 
        Belvoir, Virginia).

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment program as provided in 
section 2806 of title 10, United States Code, in an amount not to 
exceed the sum of the amount authorized to be appropriated for this 
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, 2004, for contributions by the Secretary 
of Defense under section 2806 of title 10, United States Code, for the 
share of the United States of the cost of projects for the North 
Atlantic Treaty Organization Security Investment program authorized by 
section 2501, in the amount of $165,800,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND 
              ACQUISITION PROJECTS.

    There are authorized to be appropriated for fiscal years beginning 
after September 30, 2004, for the costs of acquisition, architectural 
and engineering services, and construction of facilities for the Guard 
and Reserve Forces, and for contributions therefor, under chapter 1803 
of title 10, United States Code (including the cost of acquisition of 
land for those facilities), the following amounts:
            (1) For the Department of the Army--
                    (A) for the Army National Guard of the United 
                States, $361,072,000; and
                    (B) for the Army Reserve, $63,047,000.
            (2) For the Department of the Navy, for the Naval and 
        Marine Corps Reserve, $25,285,000.
            (3) For the Department of the Air Force--
                    (A) for the Air National Guard of the United 
                States, $214,418,000; and
                    (B) for the Air Force Reserve, $99,206,000.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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, 2007; or
            (2) the date of the enactment of an Act authorizing funds 
        for military construction for fiscal year 2008.
    (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 authorizations of 
appropriations therefor) for which appropriated funds have been 
obligated before the later of--
            (1) October 1, 2007; or
            (2) the date of the enactment of an Act authorizing funds 
        for fiscal year 2008 for military construction projects, land 
        acquisition, family housing projects and facilities, and 
        contributions to the North Atlantic Treaty Organization 
        Security Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002 
              PROJECTS.

    (a) Extension of Certain Projects.--Notwithstanding section 2701 of 
the National Defense Authorization Act for Fiscal Year 2001 (division B 
of Public Law 107-107; 115 Stat. 1301), authorizations set forth in the 
tables in subsection (b), as provided in section 2101 or 2302 of that 
Act, shall remain in effect until October 1, 2005, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2006, whichever is later.
    (b) Tables.--The tables referred to in subsection (a) are as 
follows:


                                 Army: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................  Fort Wainwright..........  Power Plant Cooling Tower....     $23,000,000
Hawaii................................  Pohakuloa Training Area..  Parker Ranch Land Acquisition      $1,500,000
----------------------------------------------------------------------------------------------------------------



                               Air Force: Extension of 2002 Project Authorizations
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Colorado..............................  Buckley Air Force Base...  Construct Family Housing (55      $11,400,000
                                                                    Units)......................
Louisiana.............................  Barksdale Air Force Base.  Replace Family Housing (56         $7,300,000
                                                                    Units)......................
----------------------------------------------------------------------------------------------------------------

SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2001 
              PROJECT.

    (a) Extension.--Notwithstanding section 2701 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-407)), 
authorizations set forth in the table in subsection (b), as provided in 
section 2102 of that Act and extended by section 2702 of the Military 
Construction Authorization Act for Fiscal Year 2004 (division B of 
Public Law 108-136; 117 Stat. 1716), shall remain in effect until 
October 1, 2005, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2006, whichever is 
later.
    (b) Table.--The table referred to in subsection (a) is as follows:


                                  Army: Extension of 2001 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
South Carolina........................  Fort Jackson.............  New Construction-Family              $250,000
                                                                    Housing (1 Unit)............
----------------------------------------------------------------------------------------------------------------

SEC. 2704. EFFECTIVE DATE.

    Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act shall take 
effect on the later of--
            (1) October 1, 2004; or
            (2) the date of the enactment of this Act.

                    TITLE XXVIII--GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY 
              CONSTRUCTION PROJECTS.

    (a) Increase.--Section 2805(a)(1) of title 10, United States Code, 
is amended--
            (1) by striking ``$1,500,000'' and inserting 
        ``$2,500,000''; and
            (2) by striking ``$3,000,000'' and inserting 
        ``$4,000,000''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2004.

SEC. 2802. MODIFICATION OF APPROVAL AND NOTICE REQUIREMENTS FOR 
              FACILITY REPAIR PROJECTS.

    (a) Increase in Threshold for Approval Requirement.--Subsection (b) 
of section 2811 of title 10, United States Code, is amended by striking 
``$5,000,000'' and inserting ``$7,500,000''.
    (b) Information Required in Cost Estimate for Multi-Year 
Projects.--Subsection (d)(1) of such section is amended by inserting 
before the semicolon the following: ``, including, in the case of a 
multi-year repair project to a single facility, the total cost of all 
phases of such project''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2004.

SEC. 2803. ADDITIONAL REPORTING REQUIREMENTS RELATING TO ALTERNATIVE 
              AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY 
              HOUSING.

    (a) Project Reports.--Paragraph (2) of subsection (a) of section 
2884 of title 10, United States Code, is amended to read as follows:
    ``(2) The report on a proposed contract, conveyance, or lease under 
paragraph (1) shall include the following:
            ``(A) A description of the contract, conveyance, or lease, 
        including a summary of the terms of the contract, conveyance, 
        or lease.
            ``(B) A description of the authorities to be utilized in 
        entering into the contract, conveyance, or lease and the 
        intended method of participation of the United States in the 
        contract, conveyance, or lease (including a justification of 
        the intended method of participation).
            ``(C) A statement of the scored cost of the contract, 
        conveyance, or lease (as determined by the Office of Management 
        and Budget).
            ``(D) A statement of the United States funds required for 
        the contract, conveyance, or lease and a description of the 
        source of such funds.
            ``(E) An economic assessment of the life cycle costs of the 
        contract, conveyance, or lease, including an estimate of the 
        amount of United States funds that would be paid over the life 
        of the contract, conveyance, or lease from amounts derived from 
        payments of government allowances (including basic allowance 
        for housing under section 403 of title 37) if the housing 
        affected by the project were fully occupied by military 
        personnel over the life of the contract, conveyance, or 
        lease.''.
    (b) Annual Reports.--Subsection (b) of such section is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) A report setting forth--
                    ``(A) an estimate of the amounts of basic allowance 
                for housing under section 403 of title 37 that will be 
                paid during the fiscal year in which the budget is 
                submitted to members of the armed forces living in 
                housing provided under the authorities in this 
                subchapter during such fiscal year, set forth by armed 
                force; and
                    ``(B) an estimate of the amounts of basic allowance 
                for housing that will be paid during the fiscal year 
                for which the budget is submitted to members of the 
                armed forces living in such housing during such fiscal 
                year, set forth by armed force.''.

SEC. 2804. MODIFICATION OF AUTHORITIES UNDER ALTERNATIVE AUTHORITY FOR 
              ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.

    (a) Requirements for Contracts for Leasing of Housing.--Section 
2874 of title 10, United States Code, is amended by striking subsection 
(b) and inserting the following new subsection (b):
    ``(b) Contract Terms.--Any contract for the lease of housing units 
under subsection (a) shall include the following provisions:
            ``(1) That the obligation of the United States to make 
        payments under such contract in any fiscal year shall be 
        subject to appropriations being available for such fiscal year 
        and specifically for the project covered by such contract.
            ``(2) A commitment to obligate the necessary amount for a 
        fiscal year covered by such contract when and to the extent 
        that funds are appropriated for the project covered by such 
        contract.
            ``(3) That the commitment described in paragraph (2) does 
        not constitute an obligation of the United States.''.
    (b) Investments Subject to Availability of Appropriations.--Section 
2875(a) of such title is amended by inserting ``, subject to the 
availability of appropriations for such purpose,'' after ``may''.
    (c) Repeal of Certain Authorities.--
            (1) Rental guarantees.--Section 2876 of such title is 
        repealed.
            (2) Differential lease payments.--Section 2877 of such 
        title is repealed.
            (3) Assignment of members of the armed forces to housing 
        units.--Section 2882 of such title is repealed.
    (d) Increase in Amount of Budget Authority for Military Family 
Housing.--Section 2883(g)(1) of such title is amended by striking 
``$850,000,000'' and inserting ``$850,000,001''.
    (e) Clerical Amendments.--The table of sections at the beginning of 
subchapter IV of chapter 169 of such title is amended by striking the 
items relating to sections 2876, 2877, and 2882.

        Subtitle B--Real Property and Facilities Administration

SEC. 2811. RECODIFICATION AND CONSOLIDATION OF CERTAIN AUTHORITIES AND 
              LIMITATIONS RELATING TO REAL PROPERTY ADMINISTRATION.

    (a) Certain Provisions on Land Acquisition.--
            (1) Recodification.--Section 2661 of title 10, United 
        States Code, is amended by adding at the end the following new 
        subsections:
    ``(c) Commissions on Land Purchase Contracts.--The maximum amount 
payable as a commission on a contract for the purchase of land from 
funds appropriated for the Department of Defense is 2 percent of the 
purchase price.
    ``(d) Availability of Funds for Acquisition of Certain Interests in 
Lands.--Appropriations available to the Department of Defense for 
operation and maintenance or construction may be used for the 
following:
            ``(1) The acquisition of land or interests in land under 
        section 2672 of this title.
            ``(2) The acquisition of interests in land under section 
        2675 of this title.''.
            (2) Stylistic amendments.--Such section is further 
        amended--
                    (A) in subsection (a), by inserting ``Availability 
                of Funds for Repair of Facilities and for Installation 
                of Equipment.--'' after ``(a)''; and
                    (B) in subsection (b), by inserting ``Leases; 
                Defense Access Roads.--'' after ``(b)''.
    (b) Certain Provisions on Use of Facilities.--Section 2679 of such 
title is amended to read as follows:
``Sec. 2679. Use of facilities: use by private organizations; use as 
              polling places
    ``(a) Use of Space and Equipment by Veterans Service 
Organizations.--(1) Upon certification to the Secretary concerned by 
the Secretary of Veterans Affairs, the Secretary concerned shall allow 
accredited, paid, full-time representatives of the organizations named 
in section 5902 of title 38, or of other organizations recognized by 
the Secretary of Veterans Affairs, to function on military 
installations under the jurisdiction of the Secretary concerned that 
are on land and from which persons are discharged or released from 
active duty.
    ``(2) The commanding officer of a military installation allowing 
representatives to function on the installation under paragraph (1) 
shall allow the representatives to use available space and equipment at 
the installation.
    ``(3) The regulations prescribed to carry out section 2679 of title 
10, United States Code (as in effect on the day before the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 
2005), that are in effect on January 1, 1958, shall remain in effect 
until changed by joint action of the Secretary concerned and the 
Secretary of Veterans Affairs.
    ``(4) This subsection does not authorize the violation of measures 
of military security.
    ``(b) Licenses to American National Red Cross for Erection and Use 
of Buildings.--(1) Under such conditions as the Secretary concerned may 
prescribe, such Secretary may issue a revocable license to the American 
National Red Cross to--
            ``(A) erect and maintain, on any military installation 
        under the jurisdiction of such Secretary, buildings for the 
        storage of supplies; or
            ``(B) use, for the storage of supplies, buildings erected 
        by the United States.
    ``(2) Supplies stored in buildings erected or used under this 
subsection are available to aid the civilian population in a serious 
national disaster.
    ``(c) Use of Certain Facilities as Polling Places.--(1) 
Notwithstanding chapter 29 of title 18 (including sections 592 and 593 
of such title) or any other provision of law, the Secretary of Defense 
or Secretary of a military department may not (except as provided in 
paragraph (3)) prohibit the designation or use of a qualifying facility 
under the jurisdiction of such Secretary as an official polling place 
for Federal, State, or local elections.
    ``(2) A Department of Defense facility is a qualifying facility for 
purposes of this subsection if as of December 31, 2000--
            ``(A) the facility is designated as an official polling 
        place by a State or local election official; or
            ``(B) the facility has been used as such an official 
        polling place since January 1, 1996.
    ``(3) The limitation in paragraph (1) may be waived by the 
Secretary of Defense or the Secretary of a military department with 
respect to a particular Department of Defense facility if such 
Secretary determines that local security conditions require prohibition 
of the designation or use of that facility as an official polling place 
for any election.''.
    (c) Repeal of Superseded Provisions.--Sections 2666, 2670, and 2673 
of such title are repealed.
    (d) Clerical Amendments.--The table of sections for chapter 159 of 
such title is amended--
            (1) by striking the items relating to sections 2666, 2670, 
        and 2673; and
            (2) by striking the item relating to section 2679 and 
        inserting the following new item:

``Sec. 2679. Use of facilities: use by private organizations; use as 
                            polling places.''.

SEC. 2812. MODIFICATION AND ENHANCEMENT OF AUTHORITIES ON FACILITIES 
              FOR RESERVE COMPONENTS.

    (a) Interests in Land.--
            (1) Definition of term.--Section 18232 of title 10, United 
        States Code, is amended--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (1) the following 
                new paragraphs:
            ``(2) The term `facility' includes any armory, readiness 
        center, building, structure, or other improvement of real 
        property needed for the administration and training of any unit 
        of the reserve components of the armed forces.
            ``(3) The term `interest in land' includes a fee title, 
        lease, easement, license, permit, or agreement on use of a 
        parcel of real property needed for the administration and 
        training of any unit of the reserve components of the armed 
        forces.''.
            (2) Utilization of term.--(A) Section 18231(1) of such 
        title is amended by inserting before the semicolon the 
        following: ``, and the acquisition of interests in land for 
        such purposes''.
            (B) Section 18233 of such title is amended--
                    (i) in subsection (a), by inserting ``or interests 
                in land'' after ``facilities'' each place it appears; 
                and
                    (ii) in subsection (f)(2), by striking ``real 
                property'' and inserting ``interests in land''.
            (C) Section 18233a(a)(1) of such title is amended by 
        inserting ``or interest in land'' after ``facility''.
    (b) Modification and Enhancement of Acquisition Authority.--Section 
18233 of such title is further amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``and to'' and inserting ``chapters 159 and 
                169 of this title, and''; and
                    (B) in paragraph (1), by striking ``transfer,'' and 
                inserting ``transfer from a military department, 
                another department or agency of the Federal Government, 
                or a State agency,''; and
            (2) in subsection (f)(2), by striking ``exchange of 
        Government-owned land, or otherwise'' and inserting ``or 
        exchange of Government-owned land''.
    (c) Authority To Carry Out Small Projects.--
            (1) Modification of limitation on authority.--Section 
        18233a(a) of such title is further amended--
                    (A) in paragraph (1), by striking ``$1,500,000'' 
                and inserting ``$750,000''; and
                    (B) in paragraph (2), by adding at the end the 
                following new subparagraph:
            ``(D) A repair project (as that term is defined in section 
        2811(e) of this title) costing less than $10,000,000.''.
            (2) Recodification of authority to carry out with operation 
        and maintenance funds.--Chapter 1803 of title 10, United States 
        Code, is amended by inserting after section 18233a the 
        following new section:
``Sec. 18233b. Authority to carry out small projects with operation and 
              maintenance funds
    ``Under such regulations as the Secretary of Defense may prescribe, 
the Secretary may spend, from appropriations available for operation 
and maintenance, amounts necessary to carry out any project authorized 
under section 18233(a) of this title costing not more than--
            ``(1) the amount specified in section 2805(c)(1)(A) of this 
        title, in the case of a project intended solely to correct a 
        deficiency that is life-threatening, health-threatening, or 
        safety-threatening; or
            ``(2) the amount specified in section 2805(c)(1)(B) of this 
        title, in the case of any other project.''.
            (3) Repeal of superseded authority.--Section 18233a of such 
        title is amended by striking subsection (b).
            (4) Conforming amendments.--Section 18233a of such title is 
        further amended--
                    (A) by striking ``(1) Except as provided in 
                paragraph (2)'' and inserting ``Except as provided in 
                subsection (b)''; and
                    (B) by redesignating paragraph (2) as subsection 
                (b) and in that subsection, as so redesignated--
                            (i) by striking ``Paragraph (1)'' and 
                        inserting ``Subsection (a)'';
                            (ii) by redesignating subparagraphs (A), 
                        (B), (C), and (D) as paragraphs (1), (2), (3), 
                        and (4), respectively; and
                            (iii) in paragraph (2), as so 
                        redesignated--
                                    (I) by redesignating clauses (i) 
                                and (ii) as subparagraphs (A) and (B), 
                                respectively; and
                                    (II) in subparagraph (B), as so 
                                redesignated, by striking ``(I) 25 
                                percent, or (II)'' and inserting ``(i) 
                                25 percent, or (ii)''.
            (5) Clerical amendments.--(A) The heading of section 18233a 
        of such title is amended to read as follows:
``Sec. 18233a. Limitation on certain projects''.
            (B) The table of sections at the beginning of chapter 1803 
        of such title is amended by striking the item relating to 
        section 18233a and inserting the following new items:

``18233a. Limitation on certain projects.
``18233b. Authority to carry out small projects with operation and 
                            maintenance funds.''.

SEC. 2813. AUTHORITY TO EXCHANGE OR SELL RESERVE COMPONENT FACILITIES 
              AND LANDS TO OBTAIN NEW RESERVE COMPONENT FACILITIES AND 
              LANDS.

    (a) In General.--The Secretary of Defense may authorize each 
Secretary of a military department to carry out projects to assess the 
feasibility and advisability of obtaining new facilities and lands for 
the reserve components of such department through the exchange or sale 
of existing facilities or lands of such reserve components.
    (b) Transactions Authorized.--Pursuant to the authority under 
subsection (a), the Secretary of a military department may carry out 
any transaction as follows:
            (1) An exchange of an existing facility or existing 
        interest in land of a reserve component of such department for 
        a new facility, an interest in land, or an addition to an 
        existing facility for the reserve component.
            (2) A sale of an existing facility or existing interest in 
        land of a reserve component of such department with the 
        proceeds of sale used to acquire a new facility, an interest in 
        land, or an addition to an existing facility for the reserve 
        component.
            (3) A combination of an exchange and sale of an existing 
        facility, interest in land, or both of a reserve component of 
        such department with the use of the exchange allowance and 
        proceeds of sale to acquire a facility, an interest in land, or 
        an addition to an existing facility for the reserve component.
    (c) Facilities and Lands Subject to Transaction.--A facility or 
interest in land of a reserve component that may be exchanged or sold 
pursuant to the authority under subsection (a) is any facility or 
interest in land under the control of the military department concerned 
that is not excess property, as that term is defined in section 102(3) 
of title 40, United States Code.
    (d) Fair Market Value To Be Obtained in Transaction.--In any 
exchange or sale of an existing facility pursuant to the authority 
under subsection (a), the United States shall receive cash, a 
replacement facility or addition to an existing facility, an interest 
in land, or a combination thereof of in an amount not less than the 
fair market value of the existing facility, as determined by the 
Secretary of the military department concerned.
    (e) Requirements for Replacement Facilities.--(1) A facility 
obtained as a replacement facility for an existing facility, or as an 
addition to an existing facility, pursuant to the authority under 
subsection (a) shall, as determined by the Secretary of the military 
department concerned--
            (A) be complete and usable, fully functional, and ready for 
        occupancy, and satisfy fully all operational requirements of 
        the existing facility; and
            (B) meet all applicable Federal, State, and local 
        requirements relating to health, safety, fire, and the 
        environment.
    (2) A facility obtained as a replacement facility for an existing 
facility, or as an addition to an existing facility, pursuant to the 
authority under subsection (a) shall meet the requirements specified in 
subparagraphs (A) and (B) of paragraph (1) before the conclusion of the 
exchange or sale of the existing facility concerned.
    (f) Agreement Required.--The Secretary of a military department 
shall carry out each transaction pursuant to the authority under 
subsection (a) through an agreement for that purpose entered into by 
such Secretary and the person or entity carrying out the transaction.
    (g) Selection Among Competing Participants.--(1) If more than one 
person or entity notifies the Secretary of a military department of an 
interest in carrying out a transaction pursuant to the authority under 
subsection (a), the Secretary shall, except as provided in paragraph 
(2), select the person or entity to carry out the transaction through 
the use of competitive procedures.
    (2) The Secretary of a military department may use procedures other 
than competitive procedures to select among persons and entities to 
carry out a transaction pursuant to the authority under subsection (a), 
but only in accordance with subsections (c) through (f) of section 2304 
of title 10, United States Code.
    (h) Notice and Wait Requirement.--(1) The Secretary of a military 
department may not enter into an agreement pursuant to the authority 
under subsection (a) until 30 days after the date on which such 
Secretary submits to the congressional defense committees a report on 
the agreement.
    (2) A report on an agreement under paragraph (1) shall include the 
following:
            (A) A description of terms of the agreement, including a 
        description of any funds to be received by the United States 
        under the agreement and the proposed use of such funds.
            (B) A description of the existing facility, interest in 
        land, or both of a reserve component covered by the agreement, 
        including the fair market value of such facility, interest in 
        land, or both and the method of determination of such fair 
        market value.
            (C) Data on the facility or addition to an existing 
        facility, if any, to be received by the United States under the 
        agreement, which data shall meet requirements for data to be 
        provided Congress for military construction projects to obtain 
        a similar facility or addition to an existing facility.
            (D) A certification that the existing facility, interest in 
        land, or both of a reserve component covered by the agreement 
        is not required by another military department.
    (3) Section 2662 of title 10, United States Code, shall not apply 
to any transaction carried out pursuant to the authority under 
subsection (a).
    (i) Treatment of Funds Received in Transactions.--(1) The Secretary 
of a military department shall deposit in a special account in the 
Treasury established for such purpose pursuant to section 572(b) of 
title 40, United States Code, any amounts received pursuant to an 
agreement entered into by such Secretary pursuant to the authority 
under subsection (a).
    (2) Amounts deposited by the Secretary of a military department 
under paragraph (1) in the account established by such Secretary under 
that paragraph with respect to an agreement shall be available to such 
Secretary, without further appropriation, as follows:
            (A) For the construction or acquisition of facilities, or 
        of additions to existing facilities, for the reserve component 
        concerned at the location to which such agreement applies.
            (B) To the extent that such amounts are not required for 
        purposes of subparagraph (A), for maintenance, protection, 
        alteration, repair, improvement, or restoration (including 
        environmental restoration) of facilities or property of the 
        reserve component concerned at the location to which such 
        agreement applies.
    (3) Amounts available under paragraph (2) shall remain available 
until expended.
    (j) Sole Authority for Exchanges of Facilities and Lands.--Except 
as otherwise specifically authorized by law, during the period of the 
authority under subsection (a), the authority under that subsection to 
exchange facilities or interests in land of the reserve components to 
obtain facilities, interests in land, or additions to facilities for 
the reserve components is the sole authority available in law for that 
purpose.
    (k) Construction With Other Military Construction Laws.--
Transactions pursuant to the authority under subsection (a) shall not 
be treated as military construction projects requiring an authorization 
in law as otherwise required by section 2802 of title 10, United States 
Code.
    (l) Report.--Not later than March 1, 2007, the Secretary of Defense 
shall submit to the congressional defense committees a report on the 
exercise of the authority under subsection (a). The report shall 
include the following:
            (1) A description of the projects carried out under the 
        authority.
            (2) A description of the analysis and criteria used to 
        identify existing facilities and interests in land to be 
        exchanged or sold under the authority.
            (3) An assessment of the utility to the Department of 
        Defense of the authority, including recommendations for 
        modifications of such authority in order to enhance the utility 
        of such authority for the Department.
            (4) An assessment of interest in future exchanges or sales 
        in the event the authority is extended.
            (5) An assessment of the advisability of making the 
        authority, including any modifications of the authority 
        recommended under paragraph (3), permanent.
    (m) Definitions.--In this section:
            (1) The term ``facility'' includes an armory, readiness 
        center, or other structure, and storage or other facilities, 
        normally needed for the administration and training of a unit 
        of a reserve component.
            (2) The terms ``armory'' and ``readiness center'' have the 
        meanings given such terms in section 18232(3) of title 10, 
        United States Code.
    (n) Expiration Date.--No transaction may be commenced pursuant to 
the authority under subsection (a) after September 30, 2006.

SEC. 2814. REPEAL OF AUTHORITY OF SECRETARY OF DEFENSE TO RECOMMEND 
              THAT INSTALLATIONS BE PLACED IN INACTIVE STATUS DURING 
              2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.

    Section 2914 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 striking subsection (c).

                      Subtitle C--Land Conveyances

SEC. 2821. TRANSFER OF ADMINISTRATIVE JURISDICTION, DEFENSE SUPPLY 
              CENTER, COLUMBUS, OHIO.

    (a) Transfer Authorized.--The Secretary of the Army may transfer, 
without reimbursement, to the Secretary of Veterans Affairs 
administrative jurisdiction of a parcel of real property consisting of 
approximately 20 acres and comprising a portion of the Defense Supply 
Center in Columbus, Ohio.
    (b) Use of Property.--The Secretary of Veterans Affairs may only 
use the property transferred under subsection (a) as the site for the 
construction of a new outpatient clinic for the provision of medical 
services to veterans.
    (c) Costs.--Any administrative costs in connection with the 
transfer of property under subsection (a), including the costs of the 
survey required by subsection (e), shall be borne by the Secretary of 
Veterans Affairs.
    (d) Return of Jurisdiction to Army.--If at any time the Secretary 
of the Army determines that the property transferred under subsection 
(a) is not being utilized for the outpatient clinic described in 
subsection (b), then, at the election of the Secretary of the Army, the 
Secretary of Veterans Affairs shall return to the Secretary of the Army 
administrative jurisdiction of the property.
    (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 section 2693 of title 10, United 
States Code.
    (f) Description of Property.--The exact acreage and legal 
description of the real property to be transferred under subsection (a) 
shall be determined by a survey satisfactory to the Secretary of the 
Army.
    (g) Additional Terms and Conditions.--The Secretary of the Army may 
require such additional terms and conditions in connection with the 
transfer under subsection (a) as the Secretary considers appropriate to 
protect the interests of the United States.

SEC. 2822. LAND CONVEYANCE, BROWNING ARMY RESERVE CENTER, UTAH.

    (a) Conveyance Authorized.--(1) The Secretary of the Army may 
convey, without consideration, to the State of Utah (in this section 
referred to as the ``State'') all right, title, and interest of the 
United States in and to a parcel of unimproved real property consisting 
of approximately 10 acres and located at the Browning Army Reserve 
Center, Utah.
    (2) The purpose of the conveyance is to permit the Department of 
Veterans Affairs of the State of Utah to construct and operate a 
facility for the provision of nursing care for veterans.
    (b) Payment of Costs of Conveyance.--(1) The Secretary may require 
the State to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, and other administrative costs 
related to the conveyance. If amounts paid to the Secretary in advance 
exceed the costs actually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess amount to the State.
    (2) Amounts received under paragraph (1) shall be credited to the 
fund or account that was used to cover the costs incurred by the 
Secretary. 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 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. 2823. LAND EXCHANGE, ARLINGTON COUNTY, VIRGINIA.

    (a) Exchange Authorized.--(1) The Secretary of Defense may convey 
to Arlington County, Virginia (in this section referred to as the 
``County''), all right, title, and interest of the United States in and 
to a parcel of real property, together with any improvements thereon, 
consisting of not more than 4.5 acres and located along the western 
boundary of the Navy Annex property, Virginia, for the purpose of the 
construction of a freedmen heritage museum and an Arlington history 
museum.
    (2) The size of the parcel of real property conveyed under 
paragraph (1) shall be such that the acreage of the parcel shall be 
equivalent to the acreage of the parcel of real property conveyed under 
subsection (b). The Secretary shall determine the acreage of the 
parcels, and such determination shall be final.
    (b) Consideration.--As consideration for the conveyance of property 
under subsection (a), the County shall convey to the United States all 
right, title, and interest of the County in and to a parcel of real 
property, together with any improvements thereon, consisting of not 
more than 4.5 acres and known as the Southgate Road right-of-way 
between Arlington National Cemetery, Virginia, and the Navy Annex 
property.
    (c) 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.
    (d) Payment of Costs of Conveyances.--(1) The Secretary may require 
the County to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyances under subsections (a) and (b), including survey 
costs, costs related to environmental documentation, and other 
administrative costs related to the conveyances. If amounts are 
collected from the County 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 County.
    (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 conveyances. 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) Reversionary Interest.--(1) If at any time the Secretary 
determines that the property conveyed to the County under subsection 
(a) is not being used for the purposes stated in that subsection, then, 
at the option of the Secretary, all right, title, and interest in and 
to the property, including any improvements thereon, shall revert to 
the United States, and the United States shall have the right of 
immediate entry onto the property.
    (2) If the Secretary exercises the reversionary interest provided 
for in paragraph (1), the Secretary shall pay the County, from amounts 
available to the Secretary for military construction for the Defense 
Agencies, an amount equal to the fair market value of the property 
covered by the reversionary interest, as determined by the Secretary.
    (f) 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.
    (g) Inclusion of Southgate Road Right-of-Way Property in Transfer 
of Navy Annex Property for Arlington National Cemetery.--Subsection (a) 
of section 2881 of the Military Construction Authorization Act for 
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 879) is 
amended by striking ``three parcels of real property consisting of 
approximately 36 acres'' and inserting ``four parcels of real property 
consisting of approximately 40 acres''.
    (h) Termination of Reservation of Certain Navy Annex Property for 
Memorials or Museums.--Subsection (b) of such section, as amended by 
section 2863(f) of the Military Construction Authorization Act for 
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1332) and 
section 2851(a)(1) of the Military Construction Authorization Act for 
Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2726), is 
further amended--
            (1) by striking ``(1) Subject to paragraph (2), the 
        Secretary'' and inserting ``The Secretary''; and
            (2) by striking paragraph (2).
    (i) 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 appropriate to protect 
the interests of the United States.

SEC. 2824. LAND CONVEYANCE, HAMPTON, VIRGINIA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the Hampton City School Board, Hampton, 
Virginia (in this section referred to as the ``Board''), all right, 
title, and interest of the United States in and to a parcel of real 
property, including any improvements thereon, that consists of 
approximately 29.8 acres, is located on Downey Farm Road in Hampton, 
Virginia, and is known as the Butler Farm United States Army Reserve 
Center in order to permit the Board to utilize the property for public 
education purposes.
    (b) Condition of Conveyance.--The conveyance under subsection (a) 
shall be subject to the condition that the Board accept the real 
property described in subsection (a) in its condition at the time of 
the conveyance, commonly known as conveyance ``as is''.
    (c) Payment of Costs of Conveyance.--(1) The Secretary may require 
the Board 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 Board 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 
Board.
    (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 screen the property 
for other Federal use pursuant to section 2693 and 2696 of title 10, 
United States Code.
    (e) 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.
    (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. 2825. LAND CONVEYANCE, SEATTLE, WASHINGTON.

    (a) Conveyance Authorized.--The Secretary of the Army may convey, 
without consideration, to the State of Washington (in this section 
referred to as the ``State'') all right, title, and interest of the 
United States in and to a parcel of real property, including any 
improvements thereon, consisting of approximately 9.747 acres in 
Seattle, Washington, and comprising a portion of the National Guard 
Facility, Pier 91, for the purpose of permitting the State to convey 
the facility unencumbered for economic development purposes.
    (b) Condition of Conveyance.--The conveyance under subsection (a) 
shall be subject to the condition that the State accept the real 
property in its condition at the time of the conveyance, commonly known 
as conveyance ``as is''.
    (c) Administrative Expenses.--(1) The State shall reimburse the 
Secretary for the administrative expenses incurred by the Secretary in 
carrying out the conveyance under subsection (a), including expenses 
related to surveys and legal descriptions, boundary monumentation, 
environmental surveys, necessary documentation, travel, and deed 
preparation.
    (2) Section 2695(c) of title 10, United States Code, shall apply to 
any amounts received by the Secretary as reimbursement under this 
subsection.
    (d) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary. The cost of 
the survey shall be borne by the United States, subject to the 
requirement for reimbursement under subsection (c).
    (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. 2826. TRANSFER OF JURISDICTION, NEBRASKA AVENUE NAVAL COMPLEX, 
              DISTRICT OF COLUMBIA.

    (a) Transfer Required.--The Secretary of the Navy shall transfer to 
the administrative jurisdiction of the Administrator of General 
Services the parcel of Department of the Navy real property in the 
District of Columbia known as the Nebraska Avenue Complex for the 
purpose of permitting the Administrator to use the Complex to 
accommodate the Department of Homeland Security. The Complex shall be 
transferred in its existing condition.
    (b) Authority To Retain Military Family Housing.--The Secretary of 
the Navy may retain administrative jurisdiction over the portion of the 
Complex that the Secretary considers to be necessary for continued use 
as Navy family housing.
    (c) Time for Transfer.--The transfer of administrative jurisdiction 
over the Complex to the Administrator under subsection (c) shall be 
completed not later than January 1, 2005.
    (d) Relocation of Navy Activities.--As part of the transfer of the 
Complex under this section, the Secretary of the Navy shall relocate 
Department of the Navy activities at the Complex to other locations.
    (e) Payment of Relocation Costs.--Subject to the availability of 
appropriations for this purpose, the Secretary of Homeland Security 
shall be responsible for the payment of--
            (1) all reasonable costs, including costs to move 
        furnishings and equipment, related to the relocation of 
        Department of the Navy activities from the Complex under 
        subsection (d);
            (2) all reasonable costs, including rent, incident to the 
        occupancy by such activities of interim leased space; and
            (3) all reasonable costs incident to the acquisition of 
        permanent facilities for Department of the Navy activities 
        relocated from the Complex.
    (f) Submission of Cost Estimates.--As soon as practicable after the 
date of the enactment of this Act, but not later than January 1, 2005, 
the Secretary of the Navy shall submit to the congressional defense 
committees an initial estimate of the amounts that will be necessary to 
cover the costs to permanently relocate Department of the Navy 
activities from the Complex. The Secretary shall include in the 
estimate anticipated land acquisition and facility construction costs. 
The Secretary shall revise the estimate as necessary whenever 
information regarding the actual costs for the relocation is obtained.
    (g) Certification of Relocation Costs.--At the end of the three-
year period beginning on the date of the transfer of the Complex under 
subsection (a), the Secretary of the Navy shall submit to Congress 
written notice--
            (1) specifying the total amount expended under subsection 
        (e) to cover the costs of relocating Department of the Navy 
        activities from the Complex;
            (2) specifying the total amount expended to acquire 
        permanent facilities for Department of the Navy activities 
        relocated from the Complex; and
            (3) certifying whether the amounts paid are sufficient to 
        complete all relocation actions.

SEC. 2827. LAND CONVEYANCE, HONOLULU, HAWAII.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey, 
without consideration but subject to the conditions specified in 
subsection (b), to the City and County of Honolulu, Hawaii, all right, 
title, and interest of the United States in and to a parcel of real 
property, including improvements thereon, consisting of approximately 
5.16 acres located at 890 Valkenberg Avenue, Honolulu, Hawaii, and 
currently used by the City and County of Honolulu as the site of a fire 
station and firefighting training facility. The purpose of the 
conveyance is to enhance the capability of the City and County of 
Honolulu to provide fire protection and firefighting services to the 
civilian and military properties in the area and to provide a location 
for firefighting training for civilian and military personnel.
    (b) Conditions of Conveyance.--The conveyance under subsection (a) 
shall be subject to the following conditions:
            (1) That the City and County of Honolulu accept the real 
        property in its condition at the time of the conveyance, 
        commonly known as conveyance ``as is''.
            (2) That the City and County of Honolulu make the 
        firefighting training facility available to the fire protection 
        and firefighting units of the military departments for training 
        not less than 2 days per week on terms satisfactory to the 
        Secretary.
    (c) Payment of Costs of Conveyance.--(1) The Secretary shall 
require the City and County of Honolulu 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 and County of Honolulu 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, without 
interest, to the City and County of Honolulu.
    (2) Amounts received 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) 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. 2828. LAND CONVEYANCE, PORTSMOUTH, VIRGINIA.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey, 
without consideration, to the City of Portsmouth, Virginia (in this 
section referred to as the ``City''), all right, title, and interest of 
the United States in and to a parcel of real property, including any 
improvements thereon, consisting of approximately 0.49 acres located at 
517 King Street, Portsmouth, Virginia, and known as the ``Navy YMCA 
Building'', for economic revitalization purposes.
    (b) Conditions of Conveyance.--The conveyance under subsection (a) 
shall be subject to the following conditions:
            (1) That the City accept the real property described in 
        subsection (a) in its condition at the time of the conveyance, 
        commonly known as conveyance ``as is''.
            (2) That the City bear all costs related to the 
        environmental remediation, use, and redevelopment of the real 
        property.
    (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 paid to the Secretary in advance 
exceed 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 under paragraph (1) shall be credited to the 
fund or account that was used to cover the costs incurred by the 
Secretary. 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) 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. 2829. LAND CONVEYANCE, FORMER GRIFFISS AIR FORCE BASE, NEW YORK.

    (a) Conveyance Authorized.--(1) The Secretary of the Air Force may 
convey to the Oneida County Industrial Development Agency, New York, 
the local reuse authority for the former Griffiss Air Force Base (in 
this section referred to as the ``Authority''), all right, title and 
interest of the United States in and to a parcel of real property 
consisting of 9.639 acres and including four buildings described in 
paragraph (2) that were vacated by the Air Force in conjunction with 
its relocation to the Consolidated Intelligence and Reconnaissance 
Laboratory at Air Force Research Laboratory--Rome Research Site, Rome, 
New York.
    (2) The buildings described in this paragraph are the buildings 
located on the real property referred in paragraph (1) as follows:
            (A) Building 240 (117,323 square feet).
            (B) Building 247 (13,199 square feet).
            (C) Building 248 (4,000 square feet).
            (D) Building 302 (20,577 square feet).
    (3) The purpose of the conveyance under this subsection is to 
permit the Authority to develop the parcel and structures conveyed for 
economic purposes in a manner consistent with 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).
    (b) Condition of Conveyance.--The conveyance under subsection (a) 
shall be subject to the condition that the Authority accept the real 
property in its condition at the time of the conveyance, commonly known 
as conveyance ``as is''.
    (c) Consideration.--As consideration for the conveyance of property 
under subsection (a), the Authority shall pay the United States an 
amount equal to the fair market of value, as determined by the 
Secretary.
    (d) Treatment of Proceeds.--Any consideration received under 
subsection (c) 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, and shall be available for use in 
accordance with subsection (b) of such section.
    (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. The cost 
of the survey shall be borne by the Authority.
    (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. 2830. LAND EXCHANGE, MAXWELL AIR FORCE BASE, ALABAMA.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey to the City of Montgomery, Alabama (in this section referred to 
as the ``City''), all right, title, and interest of the United States 
in and to a parcel of real property, including any improvements 
thereon, consisting of approximately 28 acres and including all of the 
Maxwell Heights Housing site and located at Maxwell Air Force Base, 
Alabama.
    (b) Consideration.--(1) As consideration for the conveyance of 
property under subsection (a), the City shall convey to the United 
States all right, title, and interest of the City to a parcel of real 
property, including any improvements thereon, consisting of 
approximately 35 acres and designated as project AL 6-4, that is owned 
by the City and is contiguous to Maxwell Air Force Base, for the 
purpose of allowing the Secretary to incorporate such property into a 
project for the acquisition or improvement of military housing under 
subchapter IV of chapter 169 of title 10, United States Code. The 
Secretary shall have administrative jurisdiction over the real property 
received under this subsection.
    (2) If the fair market value of the real property received under 
paragraph (1) is less than the fair market value of the real property 
conveyed under subsection (a) (as determined pursuant to an appraisal 
acceptable to the Secretary), the Secretary may require the City to 
provide, pursuant to negotiations between the Secretary and the City, 
in-kind consideration the value of which when added to the fair market 
value of the property conveyed under subsection (b) equals the fair 
market value of the property conveyed under subsection (a).
    (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 conveyances under subsections (a) and (b), including survey 
costs, costs related to environmental documentation, and other 
administrative costs related to the conveyances. 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 conveyances. 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) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsections (a) and 
(b) 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 subsections (a) and (b) as the Secretary considers appropriate to 
protect the interests of the United States.

SEC. 2831. LAND EXCHANGE, NAVAL AIR STATION, PATUXENT RIVER, MARYLAND.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey to 
the State of Maryland (in this section referred to as ``State''), all 
right, title, and interest of the United States in and to a parcel of 
real property, including improvements thereon, consisting of 
approximately five acres at Naval Air Station, Patuxent River, 
Maryland, and containing the Point Lookout Lighthouse, other structures 
related to the lighthouse, and an archaeological site pertaining to the 
military hospital that was located on the property during the Civil 
War. The conveyance shall include artifacts pertaining to the military 
hospital recovered by the Navy and held at the installation.
    (b) Property Received in Exchange.--As consideration for the 
conveyance of the real property under subsection (a), the State shall 
convey to the United States a parcel of real property consisting of 
approximately five acres located in Point Lookout State Park, St. 
Mary's County, Maryland.
    (c) Payment of Costs of Conveyance.--(1) The Secretary may require 
the State to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, relocation expenses incurred 
under subsection (b), and other administrative costs related to the 
conveyance. If amounts are collected from the State in advance of the 
Secretary incurring the actual costs, and the amount collected exceeds 
the costs actually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess amount to State.
    (2) Amounts received as reimbursement under 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) Description of Property.--The exact acreage and legal 
description of the properties to be conveyed under this section shall 
be determined by surveys satisfactory to the Secretary.
    (e) 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 appropriate to protect 
the interests of the United States.

SEC. 2832. LAND CONVEYANCE, MARCH AIR FORCE BASE, CALIFORNIA.

    (a) Conveyance Authorized.--The Secretary of the Air Force may 
convey to the March Joint Powers Authority (in this section referred to 
as the ``MJPA'') all right, title, and interest of the United States in 
and to a parcel of real property, including any improvements thereon, 
consisting of approximately 15 acres located in Riverside County, 
California, and containing the former Defense Reutilization and 
Marketing Office facility for March Air Force Base, which is also known 
as Parcel A-6, for the purpose of economic development and 
revitalization.
    (b) Consideration.--(1) As consideration for the conveyance of 
property under subsection (a), the MJPA shall pay the United States an 
amount equal to the fair market value, as determined by the Secretary, 
of the property to be conveyed under such subsection.
    (2) The consideration received under this subsection shall be 
deposited in the special account in the Treasury established under 
section 572(b) of title 40, United States Code, and available in 
accordance with the provisions of paragraph (5)(B)(ii).
    (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. The cost 
of the survey shall be borne by the MJPA.
    (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, SUNFLOWER ARMY AMMUNITION PLANT, KANSAS.

    (a) Conveyance Authorized.--The Secretary of the Army, in 
consultation with the Administrator of General Services, may convey to 
an entity selected by the Board of Commissioners of Johnson County, 
Kansas (in this section referred to as the ``entity'' and the 
``Board'', respectively), all right, title, and interest of the United 
States in and to a parcel of real property, including any improvements 
thereon, consisting of approximately 9,065 acres and containing the 
Sunflower Army Ammunition Plant. The purpose of the conveyance is to 
facilitate the re-use of the property for economic development and 
revitalization.
    (b) Consideration.--(1) As consideration for the conveyance under 
subsection (a), the entity 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 an 
appraisal of the property acceptable to the Administrator and the 
Secretary. The Secretary may authorize the entity to carry out, as in-
kind consideration, environmental remediation activities for the 
property conveyed under such subsection.
    (2) The Secretary shall deposit any cash received as consideration 
under this subsection in a special account established pursuant to 
section 572(b) of title 40, United States Code, to pay for 
environmental remediation and explosives cleanup of the property 
conveyed under subsection (a).
    (c) Construction With Previous Land Conveyance Authority on 
Sunflower Army Ammunition Plant.--The authority in subsection (a) to 
make the conveyance described in that subsection is in addition to the 
authority under section 2823 of the Military Construction Authorization 
Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 
2712) to make the conveyance described in that section.
    (d) Environmental Remediation and Explosives Cleanup.--(1) 
Notwithstanding any other provision of law, the Secretary may enter 
into a multi-year cooperative agreement or contract with the entity to 
undertake environmental remediation and explosives cleanup of the 
property, and may utilize amounts authorized to be appropriated for the 
Secretary for purposes of environmental remediation and explosives 
cleanup under the agreement.
    (2) The terms of the cooperative agreement or contract may provide 
for advance payments on an annual basis or for payments on a 
performance basis. Payments may be made over a period of time agreed to 
by the Secretary and the entity or for such time as may be necessary to 
perform the environmental remediation and explosives cleanup of the 
property, including any long-term operation and maintenance 
requirements.
    (e) Payment of Costs of Conveyance.--(1) The Secretary may require 
the entity or other persons 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, and other administrative 
costs related to the conveyance.
    (2) Amounts received under paragraph (1) shall be credited to the 
appropriation, fund, or account from which the costs were paid. Amounts 
so credited shall be merged with funds in such appropriation, fund, or 
account, and shall be available for the same purposes, and subject to 
the same limitations, as the funds with which merged.
    (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 jointly satisfactory to the Secretary 
and the Administrator.
    (g) Additional Terms and Conditions.--The Secretary and the 
Administrator may require such additional terms and conditions in 
connection with the conveyance of real property under subsection (a), 
and the environmental remediation and explosives cleanup under 
subsection (d), as the Secretary and the Administrator jointly consider 
appropriate to protect the interests of the United States.

SEC. 2834. LAND CONVEYANCE, NAVAL WEAPONS STATION, CHARLESTON, SOUTH 
              CAROLINA.

    (a) Conveyance Authorized.--The Secretary of the Navy may convey to 
the Berkeley County Sanitation Authority, South Carolina (in this 
section referred to as the ``Authority''), all right, title, and 
interest of the United States in and to a parcel of real property, 
including any improvements thereon, consisting of not more than 38 
acres and comprising a portion of the Naval Weapons Station, 
Charleston, South Carolina, for the purpose of allowing the Authority 
to expand an existing sewage treatment plant.
    (b) Consideration.--As consideration for the conveyance of property 
under subsection (a), the Authority shall provide the United States, 
whether by cash payment, in-kind services, or a combination thereof, an 
amount that is not less than the fair market value, as determined by an 
appraisal acceptable to the Secretary, of the property conveyed under 
such subsection.
    (c) Payment of Costs of Conveyance.--(1) The Secretary may require 
the Authority to cover costs incurred by the Secretary, or to reimburse 
the Secretary for costs incurred by the Secretary, to carry out the 
conveyance under subsection (a), including appraisal costs, survey 
costs, costs related to compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and environmental 
remediation, and other administrative costs related to the conveyance. 
If the amounts are collected from the 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 the 
conveyance, the Secretary shall refund the excess amount to the 
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 made available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such fund or account.
    (d) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) shall 
be determined by a survey satisfactory to the Secretary. The cost of 
the survey shall be borne by the Authority.
    (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. 2835. LAND CONVEYANCE, LOUISIANA ARMY AMMUNITION PLANT, DOYLINE, 
              LOUISIANA.

    (a) Conveyance Authorized.--The Secretary of the Army may convey to 
the State of Louisiana (in this section referred to as the ``State'') 
all right, title, and interest of the United States in and to a parcel 
of real property, including any improvements thereon, consisting of 
approximately 14,949 acres located at the Louisiana Army Ammunition 
Plant, Doyline, Louisiana.
    (b) Consideration.--As consideration for the conveyance of property 
under subsection (a), the State shall--
            (1) maintain at least 13,500 acres of such property for the 
        purpose of military training, unless the Secretary determines 
        that fewer acres are required for such purpose;
            (2) ensure that any other uses that are made of the 
        property conveyed under subsection (a) do not adversely impact 
        military training;
            (3) accommodate the use of such property, at no cost or 
        fee, for meeting the present and future training needs of Armed 
        Forces units, including units of the Louisiana National Guard 
        and the other active and reserve components of the Armed 
        Forces;
            (4) assume, starting on the date that is five years after 
        the date of the conveyance of such property, responsibility for 
        any monitoring, sampling, or reporting requirements that are 
        associated with the environmental restoration activities of the 
        Army on the Louisiana Army Ammunition Plant, and shall bear 
        such responsibility until such time as such monitoring, 
        sampling, or reporting is no longer required; and
            (5) assume the rights and responsibilities of the Army 
        under the armaments retooling manufacturing support agreement 
        between the Army and the facility use contractor with respect 
        to the Louisiana Army Ammunition Plant in accordance with the 
        terms of such agreement in effect at the time of the 
        conveyance.
    (c) Payment of Costs of Conveyance.--(1) The Secretary may require 
the State to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, to carry 
out the conveyance under subsection (a), including survey costs, costs 
related to environmental documentation, and other administrative costs 
related to the conveyance. If amounts are collected from the State 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 
State.
    (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) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by surveys satisfactory to the Secretary. The cost 
of each survey shall be borne by the State.
    (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. 2836. MODIFICATION OF AUTHORITY FOR LAND CONVEYANCE, EQUIPMENT AND 
              STORAGE YARD, CHARLESTON, SOUTH CAROLINA.

    Section 563(h) of the Water Resources Development Act of 1999 
(Public Law 106-53; 113 Stat. 360) is amended to read as follows:
    ``(h) Charleston, South Carolina.--
            ``(1) In general.--The Secretary may convey to the City of 
        Charleston, South Carolina (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 of the Corps of Engineers, 
        together with any improvements thereon, that is known as the 
        Equipment and Storage Yard and consists of approximately 1.06 
        acres located on Meeting Street in Charleston, South Carolina, 
        in as-is condition.
            ``(2) Consideration.--As consideration for the conveyance 
        of property under paragraph (1), 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 of the property conveyed, as determined by 
        the Secretary.
            ``(3) Use of proceeds.--Amounts received as consideration 
        under this subsection may be used by the Corps of Engineers, 
        Charleston District, as follows:
                    ``(A) Any amounts received as consideration may be 
                used to carry out activities under this Act, 
                notwithstanding any requirements associated with the 
                Plant Replacement and Improvement Program (PRIP), 
                including--
                            ``(i) leasing, purchasing, or constructing 
                        an office facility within the boundaries of 
                        Charleston, Berkeley, and Dorchester Counties, 
                        South Carolina; and
                            ``(ii) satisfying any PRIP balances.
                    ``(B) Any amounts received as consideration that 
                are in excess of the fair market value of the property 
                conveyed under paragraph (1) may be used for any 
                authorized activities of the Corps of Engineers, 
                Charleston District.
            ``(4) Description of property.--The exact acreage and legal 
        description of the real property to be conveyed under paragraph 
        (1) and any property transferred to the United States as 
        consideration under paragraph (2) shall be determined by 
        surveys satisfactory to the Secretary.
            ``(5) Additional terms and conditions.--The Secretary may 
        require such additional terms and conditions in connection with 
        the conveyance under paragraph (1) as the Secretary considers 
        appropriate to protect the interests of the United States.''.

                       Subtitle D--Other Matters

SEC. 2841. DEPARTMENT OF DEFENSE FOLLOW-ON LABORATORY REVITALIZATION 
              DEMONSTRATION PROGRAM.

    (a) Follow-On Program Authorized.--(1) The Secretary of Defense may 
carry out a program (to be known as the ``Department of Defense Follow-
On Laboratory Revitalization Demonstration Program'') for the 
revitalization of Department of Defense laboratories. Under the 
program, the Secretary may carry out minor military construction 
projects in accordance with subsection (b) and other applicable law to 
improve laboratories covered by the program.
    (2) The program under this section is the successor program to the 
Department of Defense Laboratory Revitalization Demonstration Program 
carried out under section 2892 of the Military Construction 
Authorization Act for Fiscal Year 1996 (division B of Public Law 104-
106; 10 U.S.C. 2805 note).
    (b) Increased Maximum Amounts Applicable to Minor Construction 
Projects.--For purpose of any military construction project carried out 
under the program--
            (1) the amount provided in the second sentence of 
        subsection (a)(1) of section 2805 of title 10, United States 
        Code, shall be deemed to be $3,000,000;
            (2) the amount provided in subsection (b)(1) of such 
        section shall be deemed to be $1,500,000; and
            (3) the amount provided in subsection (c)(1)(B) of such 
        section shall be deemed to be $1,000,000.
    (c) Program Requirements.--(1) Not later than 30 days before 
commencing the program, the Secretary shall--
            (A) designate the Department laboratories at which 
        construction may be carried out under the program; and
            (B) establish procedures for the review and approval of 
        requests from Department laboratories to carry out such 
        construction.
    (2) The laboratories designated under paragraph (1)(A) may not 
include Department laboratories that are contractor owned.
    (3) The Secretary shall notify Congress of the Department 
laboratories designated under paragraph (1)(A).
    (d) Report.--Not later than September 30, 2005, the Secretary shall 
submit to the congressional defense committees a report on the program 
under this section. The report shall include--
            (1) a list and description of the construction projects 
        carried out under the program, and of any projects carried out 
        under the program referred to in subsection (a) during the 
        period beginning on October 1, 2003, and ending on the date of 
        the enactment of this Act, including the location and costs of 
        each such project; and
            (2) the assessment of the Secretary of the advisability of 
        extending or expanding the authority for the program under this 
        section.
    (e) Construction of Authority.--Nothing in this section may be 
construed to limit any other authority provided by law for any military 
construction project at a Department laboratory covered by the program.
    (f) Definitions.--In this section:
            (1) The term ``laboratory'' includes--
                    (A) a research, engineering, and development 
                center;
                    (B) a test and evaluation activity owned, funded, 
                and operated by the Federal Government through the 
                Department of Defense; and
                    (C) a supporting facility of a laboratory.
            (2) The term ``supporting facility'', with respect to a 
        laboratory, means any building or structure that is used in 
        support of research, development, test, and evaluation at the 
        laboratory.
    (g) Expiration of Authority.--The authority to carry out a project 
under the program under this section expires on September 30, 2006.

SEC. 2842. JURISDICTION AND UTILIZATION OF FORMER PUBLIC DOMAIN LANDS, 
              UMATILLA CHEMICAL DEPOT, OREGON.

    (a) Jurisdiction.--The various parcels of real property consisting 
of approximately 8,300 acres and located within the boundaries of 
Umatilla Chemical Depot, Oregon, that were previously withdrawn from 
the public domain are determined to be no longer suitable for return to 
the public domain and are hereby transferred to the administrative 
jurisdiction of the Secretary of the Army.
    (b) Utilization.--The Secretary shall combine the real property 
transferred under subsection (a) with other lands and lesser interests 
comprising the Umatilla Chemical Depot for purposes of their management 
and disposal pursuant to title II of the Defense Authorization 
Amendments and Base Closure and Realignment Act of 1988 (Public Law 
100-526; 10 U.S.C. 2687 note) and other applicable law.

SEC. 2843. DEVELOPMENT OF HERITAGE CENTER FOR THE NATIONAL MUSEUM OF 
              THE UNITED STATES ARMY.

    (a) Authority To Enter Into Agreement.--(1) The Secretary of the 
Army may enter into an agreement with the Army Historical Foundation, a 
nonprofit organization, for the design, construction, and operation of 
a facility or group of facilities at Fort Belvoir, Virginia (in this 
section referred to as the ``center''), for the National Museum of the 
United States Army.
    (2) The center shall be used for the identification, curation, 
storage, and public viewing of artifacts and artwork of significance to 
the United States Army, as agreed to by the Secretary.
    (3) The center may also be used to support such education, 
training, research, and associated purposes as the Secretary considers 
appropriate.
    (b) Design and Construction.--(1) The design of the center shall be 
subject to the approval of the Secretary.
    (2) For each phase of the development of the center, the Secretary 
may--
            (A) accept funds from the Army Historical Foundation for 
        the design and construction of such phase of the center; or
            (B) permit the Army Historical Foundation to contract for 
        the design and construction of such phase of the center.
    (c) Acceptance of Facility.--(1) Upon satisfactory completion, as 
determined by the Secretary, of any phase of the center, and upon the 
satisfaction of any and all financial obligations incident thereto by 
the Army Historical Foundation, the Secretary shall accept such phase 
of the center from the Army Historical Foundation, and all right, 
title, and interest in and to such phase of the center shall vest in 
the United States.
    (2) Upon becoming property of the United States, a phase of the 
center accepted under paragraph (1) shall be under the jurisdiction of 
the Secretary.
    (d) Use of Certain Gifts.--(1) Under regulations prescribed by the 
Secretary, the Commander of the United States Army Center of Military 
History may, without regard to section 2601 of title 10, United States 
Code, accept, hold, administer, invest, and spend any gift, devise, or 
bequest of personal property of a value of $250,000 or less made to the 
United States if such gift, devise, or bequest is for the benefit of 
the National Museum of the United States Army or the center.
    (2) The Secretary may pay or authorize the payment of any 
reasonable and necessary expense in connection with the conveyance or 
transfer of a gift, devise, or bequest under this subsection.
    (e) Lease of Facility.--(1) The Secretary may lease, under such 
terms and conditions as the Secretary considers appropriate for the 
agreement authorized by subsection (a), portions of the center 
developed under that subsection to the Army Historical Foundation for 
use by the public, commercial and nonprofit entities, State and local 
governments, and other departments and agencies of the Federal 
Government for use in generating revenue for activities of the center 
and for such administrative purposes as may be necessary for the 
support of the center.
    (2) The amount of consideration paid to the Secretary by the Army 
Historical Foundation for a lease under paragraph (1) may not exceed an 
amount equal to the actual cost, as determined by the Secretary, of the 
operations and maintenance of the center.
    (3) Notwithstanding any other provision of law, the Secretary shall 
use amounts paid under paragraph (2) to cover the costs of operation of 
the center.
    (f) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the agreement 
authorized by subsection (a) as the Secretary considers appropriate to 
protect the interests of the United States.

SEC. 2844. AUTHORITY TO SETTLE CLAIM OF OAKLAND BASE REUSE AUTHORITY 
              AND REDEVELOPMENT AGENCY OF THE CITY OF OAKLAND, 
              CALIFORNIA.

    (a) Authority.--The Secretary of the Navy may pay funds as agreed 
to by both parties, in the amount of $2,100,000, to the Oakland Base 
Reuse Authority and Redevelopment Agency of the City of Oakland, 
California, in settlement of Oakland Base Reuse Authority and 
Redevelopment Agency of the City of Oakland v. the United States, Case 
No. C02-4652 MHP, United States District Court, Northern District of 
California, including any appeal.
    (b) Consideration.--As consideration, the Oakland Base Reuse 
Authority and Redevelopment Agency shall agree that the payment 
constitutes a final settlement of all claims against the United States 
related to said case and give to the Secretary a release of all claims 
to the eighteen officer housing units located at the former Naval 
Medical Center Oakland, California. The release shall be in a form that 
is satisfactory to the Secretary.
    (c) Source of Funds.--The Secretary may use funds in the Department 
of Defense Base Closure Account 1990 established pursuant to 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) for the payment 
authorized by subsection (a) or the proceeds of sale from the eighteen 
housing units and property described in subsection (b).

SEC. 2845. COMPTROLLER GENERAL REPORT ON CLOSURE OF DEPARTMENT OF 
              DEFENSE DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS AND 
              COMMISSARY STORES.

    (a) Comptroller General Report.--Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit to the appropriate committees of Congress a 
report that includes the following:
            (1) With respect to Department of Defense dependent 
        elementary and secondary schools--
                    (A) an assessment by the Comptroller General of the 
                policy of the Department of Defense, and the criteria 
                utilized by the Department, regarding the closure of 
                schools, including whether or not such policy and 
                criteria are consistent with Department policies and 
                procedures on the preservation of the quality of life 
                of members of the Armed Forces; and
                    (B) an assessment by the Comptroller General of any 
                current or on-going studies or assessments of the 
                Department with respect to any of the schools.
            (2) With respect to commissary stores--
                    (A) an assessment by the Comptroller General of the 
                policy of the Department of Defense, and the criteria 
                utilized by the Department, regarding the closure of 
                commissary stores, including whether or not such policy 
                and criteria are consistent with Department policies 
                and procedures on the preservation of the quality of 
                life of members of the Armed Forces; and
                    (B) an assessment by the Comptroller General of any 
                current or on-going studies or assessments of the 
                Department with respect to any of the commissary 
                stores.
    (b) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services of the Senate; and
            (2) the Committee on Armed Services of the House of 
        Representatives.

                  TITLE XXIX--MARITIME ADMINISTRATION

SEC. 2901. MODIFICATION OF PRIORITY AFFORDED APPLICATIONS FOR NATIONAL 
              DEFENSE TANK VESSEL CONSTRUCTION ASSISTANCE.

    Section 3542(d) of the Maritime Security Act of 2003 (title XXXV of 
Public Law 108-136; 117 Stat. 1821; 46 U.S.C. 53101 note) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) shall give priority consideration to a proposal 
        submitted by an applicant who has been accepted for 
        participation in the Shipboard Technology Evaluation Program as 
        outlined in Navigation and Vessel Inspection Circular 01-04, 
        issued by the Commandant of the United States Coast Guard on 
        January 2, 2004; and''.

            Passed the Senate June 23 (legislative day, June 22), 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                S. 2402

_______________________________________________________________________

                                 AN ACT

     To authorize appropriations for fiscal year 2005 for military 
                 construction, and for other purposes.