[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2402 Placed on Calendar Senate (PCS)]
Calendar No. 505
108th CONGRESS
2d Session
S. 2402
To authorize appropriations for fiscal year 2005 for military
construction, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2004
Mr. Warner, from the Committee on Armed Services, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
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.
The table of contents for this Act is as follows:
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.
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.
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.
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. 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
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............. $815,578,000
------------------------------------------------------------------------
(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 $1,825,576,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $676,198,000.
(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
---------------
Total.................. $446,523,000
------------------------------------------------------------------------
(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.
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 $2,487,824,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $446,523,000.
(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), $863,896,000.
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 $980,557,000, 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, $371,430,000; 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.''.
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.
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.
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.
Calendar No. 505
108th CONGRESS
2d Session
S. 2402
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2005 for military
construction, and for other purposes.
_______________________________________________________________________
May 11, 2004
Read twice and placed on the calendar