S.1044 - Military Construction Authorization Act for Fiscal Year 2006109th Congress (2005-2006)
Bill
Hide OverviewSponsor: | Sen. Warner, John [R-VA] (Introduced 05/17/2005) |
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Committees: | Senate - Armed Services |
Latest Action: | House - 12/06/2005 Held at the desk. (All Actions) |
Notes: | For further action, see H.R.1815, which became Public Law 109-163 on 1/6/2006. |
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Engrossed in Senate (11/15/2005)
[Congressional Bills 109th Congress] [From the U.S. Government Printing Office] [S. 1044 Engrossed in Senate (ES)] 109th CONGRESS 1st Session S. 1044 _______________________________________________________________________ AN ACT To authorize appropriations for fiscal year 2006 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 2006''. 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. DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS 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. Construction of battalion dining facilities, Fort Knox, Kentucky. 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 2005 projects. Sec. 2206. Modification of authority to carry out certain fiscal year 2004 project. 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. Energy conservation projects. Sec. 2403. 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. Sec. 2602. Specific authorized Army National Guard construction projects. Sec. 2603. Construction of facilities, New Castle County Airport Air Guard Base, Delaware. Sec. 2604. Construction of maintenance hangar, New Castle County Airport Air Guard Base, Delaware. Sec. 2605. National Guard construction 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 2003 projects. Sec. 2703. Extension of authorizations of certain fiscal year 2002 projects. 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 cost variation authority. Sec. 2803. Department of Defense housing funds. Sec. 2804. Temporary authority to use minor military construction authority for construction of child development centers. Sec. 2805. Inapplicability to child development centers of restriction on authority to acquire or construct ancillary supporting facilities. Sec. 2806. Authority to carry out exchanges of facilities including associated utilities, equipment, and furnishings. Sec. 2807. Increase in number of family housing units in Korea authorized for lease by the Army at maximum amount. Subtitle B--Real Property and Facilities Administration Sec. 2821. Authority to lease non-excess property of Department of Defense field activities. Sec. 2822. Modified criteria for agreements to limit encroachments and other constraints on military training, testing, and operations. Sec. 2823. Expanded authority to enter into lease-purchase agreements. Subtitle C--Land Conveyances Part I--Army Conveyances Sec. 2841. Land conveyance, Helena, Montana. Sec. 2842. Land conveyance, Army Reserve Center, Bothell, Washington. Sec. 2843. Land conveyance, Iowa Army Ammunition Plant, Middletown, Iowa. Part II--Navy Conveyances Sec. 2851. Land conveyance, Marine Corps Air Station, Miramar, San Diego, California. Sec. 2852. Lease of United States Navy Museum facilities at Washington Navy Yard, District of Columbia. Part III--Air Force Conveyances Sec. 2861. Acquisition of build-to-lease family housing at Eielson Air Force Base, Alaska. Sec. 2862. Land conveyance, Air Force property, La Junta, Colorado. Subtitle D--Other Matters Sec. 2881. Reorganization and technical improvement of codified laws applicable to real property of the Department of Defense. Sec. 2882. Report on application of force protection and anti-terrorism standards to leased facilities. Sec. 2883. Construction at Fort Buchanan, Puerto Rico, for reserve components. Sec. 2884. Authority to use Papago Park Military Reservation, Arizona, for general military purposes. Sec. 2885. One-year extension of Department of Defense laboratory revitalization program. Sec. 2886. Sense of Congress on establishment of Bakers Creek Memorial. Sec. 2887. Report on use of ground source heat pumps at Department of Defense facilities. Sec. 2888. Treatment of Indian Tribal Governments as public entities for purposes of disposal of real property recommended for closure in July 2003 BRAC Commission Report. Sec. 2889. Sense of the Senate regarding community impact assistance related to construction of Navy Landing Field, North Carolina. Sec. 2890. Designation of William B. Bryant Annex. Sec. 2891. Required consultation with State and local entities on transportation, housing, and other infrastructure issues related to the addition of personnel or facilities at military installations as part of 2005 round of defense base closure and realignment. Sec. 2892. Sense of the Senate on reversionary interests at Navy homeports. Sec. 2893. Identification of environmental conditions at military installations closed or realigned under 2005 round of defense base closure and realignment. Sec. 2894. Sense of Congress on limitation on transfer of units from closed and realigned military installations pending readiness of receiving locations. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. For purposes of this Act, the term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code. DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS 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 or 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........................ Redstone Arsenal...... $20,000,000 Alaska......................... Fort Richardson....... $4,700,000 Fort Wainwright....... $44,660,000 Arizona........................ Yuma Proving Ground... $8,100,000 California..................... Fort Irwin............ $17,000,000 Concord............... $11,850,000 Colorado....................... Fort Carson........... $70,622,000 Georgia........................ Fort Benning.......... $28,211,000 Fort Gillem........... $3,900,000 Fort Gordon........... $4,550,000 Fort Stewart/Hunter $57,980,000 Army Air Field....... Hawaii......................... Pohakuloa Training $60,300,000 Area. Schofield Barracks.... $53,900,000 Kansas......................... Fort Riley............ $33,900,000 Kentucky....................... Fort Campbell......... $112,875,000 Fort Knox............. $4,600,000 Louisiana...................... Fort Polk............. $28,887,000 Missouri....................... Fort Leonard Wood..... $17,000,000 New Jersey..................... Picatinny Arsenal..... $4,450,000 New York....................... Fort Drum............. $73,350,000 United States Military $4,000,000 Academy, West Point.. North Carolina................. Fort Bragg............ $289,850,000 Oklahoma....................... Fort Sill............. $5,850,000 McAlester Army $5,400,000 Ammunition Plant..... Pennsylvania................... Letterkenny Depot..... $6,300,000 Texas.......................... Fort Hood............. $46,438,000 Fort Sam Houston...... $7,000,000 Utah........................... Dugway Proving Ground. $25,000,000 Virginia....................... Fort A.P. Hill........ $2,700,000 Fort Belvoir.......... $18,000,000 Fort Eustis........... $3,100,000 Fort Myer............. $15,200,000 Washington..................... Fort Lewis............ $99,949,000 ---------------- Total............. $1,189,622,000 ------------------------------------------------------------------------ (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 or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States ------------------------------------------------------------------------ Country Installation or location Amount ------------------------------------------------------------------------ Germany......................... Grafenwoehr............. $84,081,000 Italy........................... Pisa.................... $5,254,000 Korea........................... Camp Humphreys.......... $99,162,000 Yongpyong............... $1,450,000 ------------- Total................... $189,947,000 ------------------------------------------------------------------------ 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 Installation or location Purpose Amount ---------------------------------------------------------------------------------------------------------------- Alaska.................................. Fort Richardson............ 117 Units.................. $49,000,000 Fort Wainwright............ 180 Units.................. $91,000,000 Arizona................................. Fort Huachuca.............. 131 Units.................. $31,000,000 Yuma Proving Grounds....... 35 Units................... $11,200,000 Oklahoma................................ Fort Sill.................. 129 Units.................. $24,000,000 Virginia................................ Fort Lee................... 96 Units................... $19,500,000 Fort Monroe................ 21 Units................... $6,000,000 ------------- Total.................. ........................... $231,700,000 ---------------------------------------------------------------------------------------------------------------- (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 $17,536,000. 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 $300,400,000. SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $2,972,142,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $1,012,722,000. (2) For military construction projects outside the United States authorized by section 2101(b), $189,947,000. (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, $163,215,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $549,636,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $812,993,000. (6) For the construction of phase 2 of a barracks complex at Fort Campbell, Kentucky, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $24,650,000. (7) For the construction of phase 3 of the Lewis & 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), $42,642,000. (8) For the construction of phase 2 of trainee barracks basic training complex 1 at Fort Knox, Kentucky, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $21,000,000. (9) For the construction of phase 2 of a barracks complex renewal at Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $30,611,000. (10) For the construction of phase 2 of a library and learning center at the United States Military Academy, West Point, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $25,470,000. (11) For the construction of phase 2 of a barracks complex at Vilseck, Germany, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1698), $13,600,000. (12) For the construction of phase 2 of a vehicle maintenance facility at Schofield Barracks, Hawaii, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $24,656,000. (13) For the construction of phase 2 of the Drum Road upgrade at Helemano Military Reservation, Hawaii, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $41,000,000. (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 the sum of the following: (1) The total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a). (2) $16,500,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex, 10300 block, Fort Drum, New York). (3) $31,000,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex for the 2nd Brigade, Fort Bragg, North Carolina). (4) $77,400,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex for DIVARTY, Fort Bragg, North Carolina). (5) $50,000,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex for the 3rd Brigade, Fort Bragg, North Carolina). (6) $13,000,000 (the balance of the amount authorized under section 2101(a) for construction of a defense access road, Fort Belvoir, Virginia). SEC. 2105. CONSTRUCTION OF BATTALION DINING FACILITIES, FORT KNOX, KENTUCKY. (a) Authorization of Appropriations.--The amount authorized to be appropriated by section 2104(a) for military construction, land acquisition, and military family housing functions of the Department of the Army and the amount of such funds authorized by paragraph (1) of such subsection for military construction projects inside the United States are each hereby decreased by $3,600,000. (b) Use of Funds.--Of the amount authorized to be appropriated by section 2104(a)(1) for the Department of the Army and available for military construction at Fort Knox, Kentucky, $4,600,000 is available for the construction of battalion dining facilities at Fort Knox. 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 or 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 $3,637,000 Station, Yuma. California..................... Marine Corps Air $1,400,000 Station, Camp Pendleton............ Marine Corps Base, $90,437,000 Camp Pendleton. Naval Air Station, $8,480,000 Lemoore. Naval Air Warfare $19,158,000 Center, China Lake. Connecticut.................... Naval Submarine Base, $4,610,000 New London. Florida........................ Naval Air Station, $88,603,000 Jacksonville. Naval Air Station, $8,710,000 Pensacola............ Naval Station, Mayport $10,750,000 Navy Diving and $9,678,000 Salvage Training Center, Panama City.. Whiting Field......... $4,670,000 Georgia........................ Albany Depot.......... $4,000,000 Navy Submarine Base, $3,000,000 Kings Bay............ Hawaii......................... Marine Corps Air $5,700,000 Station, Kaneohe Bay. Naval Base, Pearl $29,700,000 Harbor............... Illinois....................... Recruit Training $167,750,000 Command, Great Lakes. Indiana........................ Naval Warfare Center, $8,220,000 Crane................ Maine.......................... Naval Shipyard, $8,100,000 Portsmouth........... Maryland....................... Naval Air Warfare $5,800,000 Center, Patuxent River................ United States Naval $51,720,000 Academy, Annapolis... Mississippi.................... Naval Air Station, $10,450,000 Meridian............. North Carolina................. Marine Corps Air $27,147,000 Station, Cherry Point Marine Corps Base, $44,590,000 Camp Lejeune......... Marine Corps Air $6,840,000 Station, New River... Rhode Island................... Naval Station, Newport $10,620,000 Texas.......................... Naval Air Station, $6,010,000 Kingsville. Virginia....................... Marine Corps Air $19,698,000 Field, Quantico. Marine Corps Base, $4,000,000 Quantico............. Naval Air Station, $11,680,000 Oceana............... Naval Amphibious Base, $36,034,000 Little Creek. Naval Station, Norfolk $111,033,000 Naval Surface Warfare $9,960,000 Center, Dahlgren..... Washington..................... Naval Station, Everett $70,950,000 Naval Submarine Base, $60,160,000 Bangor. ---------------- Total............. $963,295,000 ------------------------------------------------------------------------ (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 installation or location outside the United States, and in the amount, set forth in the following table: Navy: Outside the United States ------------------------------------------------------------------------ Installation or Country location Amount ------------------------------------------------------------------------ Guam........................... Naval Station, Guam.... $55,473,000 --------------- Total.............. $55,473,000 ------------------------------------------------------------------------ SEC. 2202. FAMILY HOUSING. Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, for the purpose, and in the amount set forth in the following table: Navy: Family Housing ---------------------------------------------------------------------------------------------------------------- State Installation or Location Purpose Amount ---------------------------------------------------------------------------------------------------------------- Guam.................................... Naval Station, Guam........ 126 Units.................. $43,495,000 ------------- Total.................. ........................... $43,495,000 ---------------------------------------------------------------------------------------------------------------- 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)(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $178,644,000. SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $1,918,465,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $761,751,000. (2) For military construction projects outside the United States authorized by section 2201(b), $25,584,000. (3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $1. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $54,507,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $222,139,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $593,660,000. (6) For the construction of increment 2 of the Presidential Helicopter program support facility at Naval Air Warfare Station, Patuxent River, Maryland, authorized by section 2201(c) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106), $55,700,000. (7) For the construction of increment 2 of the apron and hangar recapitalization at Naval Air Field, El Centro, California, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2105), $18,666,000. (8) For the construction of increment 3 of pier 11 replacement at Naval Station, Norfolk, Virginia, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1704), $40,200,000. (9) For the construction of increment 2 of the limited area production and storage complex at Strategic Weapons Facility Pacific, Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106), $47,095,000. (10) For the construction of increment 2 of a White Side complex at Marine Corps Air Facility, Quantico, Virginia, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106), $34,730,000. (11) For the construction of increment 3 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 (division B of Public Law 108-136; 117 Stat. 1704), $64,432,000. (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 the sum of the following: (1) The total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a). (2) $43,424,000 (the balance of the amount authorized under section 2201(a) to replace a helicopter hangar, Naval Air Station, Jacksonville, Florida). (3) $45,850,000 (the balance of the amount authorized under section 2201(a) to upgrade infrastructure, Recruit Training Command, Great Lakes, Illinois). (4) $26,790,000 (the balance of the amount authorized under section 2201(a) for construction of the Wesley Brown Field House, United States Naval Academy, Annapolis, Maryland). (5) $31,059,000 (the balance of the amount authorized under section 2201(a) to replace ship repair pier 3, Naval Station, Norfolk, Virginia). (6) $21,000,000 (the balance of the amount authorized under section 2201(a) for construction of a bachelor enlisted quarters for the homeport ashore program, Naval Station, Everett, Washington). (7) $33,421,000 (the balance of the amount authorized under section 2201(a) to perform reclamation and conveyance activities, Marine Corps Base, Camp Pendleton, California). (8) $29,889,000 (the balance of the amount authorized under section 2201(b) to improve Alpha/Bravo wharves, Naval Station, Guam). (c) Adjustment.--The total amount authorized to be appropriated pursuant to paragraphs (1) through (11) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $92,354,000, which represents prior year savings. SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2005 PROJECTS. (a) Modification of Inside the United States Projects.--The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106) is amended-- (1) in the item relating to Marine Corps Air Facility, Quantico, Virginia, by striking ``$73,838,000'' in the amount column and inserting ``$74,470,000''; and (2) by striking the amount identified as the total in the amount column and inserting ``$952,687,000''. (b) Modification of Unspecified Worldwide Project.--The table in section 2201(c) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106) is amended-- (1) in the item relating to Unspecified Worldwide, by striking ``$105,982,000'' in the amount column and inserting ``$95,200,000''; and (2) by striking the amount identified as the total in the amount column and inserting ``$95,200,000''. (c) Conforming Amendments.--Section 2204(b) of that Act (118 Stat. 2108) is amended-- (1) in paragraph (4), by striking ``$34,098,000'' and inserting ``$34,730,000''; and (2) in paragraph (7), by striking ``$65,982,000'' and inserting ``$55,200,000''. SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2004 PROJECT. (a) Modification of Inside the United States Project.--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. 1704) is amended-- (1) in the item relating to Naval Weapons Station, Earle, New Jersey, by striking ``$123,720,000'' in the amount column and inserting ``$140,372,000''; and (2) by striking the amount identified as the total in the amount column and inserting ``$1,352,524,000''. (b) Conforming Amendment.--Section 2204(b)(4) of that Act is amended by striking ``$96,980,000'' and inserting ``$113,652,000''. 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(a)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or 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 ------------------------------------------------------------------------ Alabama........................ Maxwell Air Force Base $14,900,000 Alaska......................... Clear Air Station..... $20,000,000 Elmendorf Air Force $84,820,000 Base. Arizona........................ Davis-Monthan Air $8,600,000 Force Base. Luke Air Force Base... $13,000,000 Arkansas....................... Little Rock Air Force $2,500,000 Base. California..................... Beale Air Force Base.. $14,200,000 Edwards Air Force Base $103,000,000 Travis Air Force Base. $42,500,000 Vandenberg Air Force $16,845,000 Base. Colorado....................... Buckley Air Force Base $20,100,000 Peterson Air Force $12,800,000 Base. United States Air $13,000,000 Force Academy. Delaware....................... Dover Air Force Base.. $19,000,000 District of Columbia........... Bolling Air Force Base $14,900,000 Florida........................ Cape Canaveral........ $6,200,000 Hurlburt Field........ $2,540,000 MacDill Air Force Base $107,200,000 Tyndall Air Force Base $11,500,000 Georgia........................ Robins Air Force Base. $2,000,000 Hawaii......................... Hickam Air Force Base. $13,378,000 Idaho.......................... Mountain Home Air $9,835,000 Force Base. Louisiana...................... Barksdale Air Force $10,800,000 Base. Massachusetts.................. Hanscom Air Force Base $3,900,000 Mississippi.................... Columbus Air Force $10,000,000 Base. Keesler Air Force Base $47,500,000 Missouri....................... Whiteman Air Force $5,721,000 Base. Montana........................ Malmstrom Air Force $13,500,000 Base. Nebraska....................... Offutt Air Force Base. $63,080,000 Nevada......................... Indian Springs Air $60,724,000 Force Auxiliary Field Nellis Air Force Base. $24,370,000 New Jersey..................... McGuire Air Force Base $13,185,000 New Mexico..................... Holloman Air Force $15,000,000 Base. Kirtland Air Force $6,600,000 Base. North Dakota................... Minot Air Force Base.. $8,700,000 Ohio........................... Wright-Patterson Air $19,670,000 Force Base. Oklahoma....................... Tinker Air Force Base. $31,960,000 Vance Air Force Base.. $14,000,000 South Carolina................. Charleston Air Force $2,583,000 Base. Shaw Air Force Base... $9,730,000 South Dakota................... Ellsworth Air Force $8,400,000 Base. Texas.......................... Sheppard Air Force $36,000,000 Base. Utah........................... Hill Air Force Base... $33,900,000 Virginia....................... Langley Air Force Base $38,665,000 Washington..................... Fairchild Air Force $8,200,000 Base. ---------------- Total............. $1,039,006,000 ------------------------------------------------------------------------ (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or 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..... $11,650,000 Spangdahlem Air Base.. $12,474,000 Guam........................... Andersen Air Base..... $18,500,000 Italy.......................... Aviano Air Base....... $22,660,000 Korea.......................... Kunsan Air Base....... $44,188,000 Osan Air Base......... $39,719,000 Portugal....................... Lajes Field, Azores... $12,000,000 Turkey......................... Incirlik Air Base..... $5,780,000 United Kingdom................. Royal Air Force, $5,125,000 Lakenheath. Royal Air Force, $13,500,000 Mildenhall. ---------------- Total............. $185,596,000 ------------------------------------------------------------------------ SEC. 2302. FAMILY HOUSING. (a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(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 ---------------------------------------------------------------------------------------------------------------- Alaska.................................. Eielson Air Force Base..... 392 Units.................. $55,794,000 California.............................. Edwards Air Force Base..... 226 Units.................. $59,699,000 Florida................................. MacDill Air Force Base..... 109 Units.................. $40,982,000 Idaho................................... Mountain Home Air Force 194 Units.................. $56,467,000 Base...................... Missouri................................ Whiteman Air Force Base.... 111 Units.................. $26,917,000 Montana................................. Malmstrom Air Force Base... 296 Units.................. $68,971,000 North Carolina.......................... Seymour Johnson Air Force 255 Units.................. $48,868,000 Base...................... North Dakota............................ Grand Forks Air Force Base. 300 Units.................. $86,706,000 Minot Air Force Base....... 223 Units.................. $44,548,000 South Carolina.......................... Charleston Air Force Base.. 10 Units................... $15,935,000 South Dakota............................ Ellsworth Air Force Base... 60 Units................... $14,383,000 Texas................................... Dyess Air Force Base....... 190 Units.................. $43,016,000 Germany................................. Ramstein Air Base.......... 101 Units.................. $62,952,000 Turkey.................................. Incirlik Air Base.......... 100 Units.................. $22,730,000 United Kingdom.......................... Royal Air Force, Lakenheath 107 Units.................. $48,437,000 ------------- Total.................. ........................... $696,405,000 ---------------------------------------------------------------------------------------------------------------- (b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(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 $37,104,000. SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $409,113,000. SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $3,108,982,000, as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $914,006,000. (2) For military construction projects outside the United States authorized by section 2301(b), $185,596,000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $15,000,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $83,719,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $1,142,622,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $766,939,000. (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 2301 of this Act may not exceed the sum of the following: (1) The total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a). (2) $30,000,000 (the balance of the amount authorized under section 2301(a) for a C-17 maintenance complex, Elmendorf Air Force Base, Alaska). (3) $66,000,000 (the balance of the amount authorized under section 2301(a) to replace the main runway, Edwards Air Force Base, California). (4) $29,000,000 (the balance of the amount authorized under section 2301(a) for construction of a joint intelligence center for Headquarters, Central Command, MacDill Air Force Base, Florida). 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 2403(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or 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, $7,900,000 District of Columbia.. Defense Logistics Agency....... Cannon Air Force Base, $13,200,000 New Mexico............ Defense Distribution $6,500,000 Depot, New Cumberland, Pennsylvania.......... Defense Distribution $33,635,000 Depot, Tracy, California............ Fort Belvoir, Virginia. $4,500,000 Marine Corps Air $7,300,000 Station Yuma, Arizona. McConnell Air Force $15,800,000 Base, Kansas.......... Miramar, California.... $23,000,000 Naval Station, Norfolk, $6,700,000 Virginia.............. Seymour Johnson Air $18,500,000 Force Base, North Carolina.............. Defense Education Agency....... Fort Bragg, North $18,075,000 Carolina.............. Fort Stewart/Hunter $16,629,000 Army Air Field, Georgia............... National Security Agency....... Augusta, Georgia....... $61,466,000 Fort Meade, Maryland... $28,049,000 Kunia, Hawaii.......... $61,466,000 Special Operations Command..... Eglin Air Force Base, $12,800,000 Florida............... Fort Bragg, North $14,769,000 Carolina.............. Fort Campbell, Kentucky $37,800,000 Fort Lewis, Washington. $53,300,000 Fort Stewart/Hunter $10,000,000 Army Air Field, Georgia............... Naval Surface Warfare $28,350,000 Center, Corona, California............ TRICARE Management Activity.... Beale Air Force Base, $18,000,000 California............ Charleston, South $35,000,000 Carolina.............. Fort Detrick, Maryland. $55,200,000 Keesler Air Force Base, $14,000,000 Mississippi........... Lackland Air Force $11,000,000 Base, Texas........... Naval Hospital, San $15,000,000 Diego, California..... Nellis Air Force Base, $1,700,000 Nevada................ Uniformed Services $10,350,000 University of the Health Sciences, Bethesda, Maryland.... Peterson Air Force $1,820,000 Base, Colorado........ --------------- Total.............. $641,809,000 ------------------------------------------------------------------------ (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or 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....... Landstuhl, Germany..... $6,543,000 Vilseck, Germany....... $2,323,000 Agana, Guam............ $40,578,000 Taegu, Korea........... $8,231,000 Naval Station, Rota, $7,963,000 Spain. Defense Logistics Agency....... Souda Bay, Greece...... $7,089,000 Missile Defense Agency......... Kwajalien Atoll, $4,901,000 Kwajalien............. National Security Agency....... Menwith Hall, United $41,697,000 Kingdom............... TRICARE Management Activity.... Bahrain, SWA........... $4,750,000 --------------- Total.............. $124,075,000 ------------------------------------------------------------------------ SEC. 2402. ENERGY CONSERVATION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(6), 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. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. (a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, 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 $2,973,914,000, as follows: (1) For military construction projects inside the United States authorized by section 2401(a), $641,809,000. (2) For military construction projects outside the United States authorized by section 2401(b), $123,104,000. (3) For unspecified minor military construction projects under section 2805 of title 10, United States Code, $15,736,000. (4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $135,081,000. (6) For energy conservation projects authorized by section 2403 of this Act, $60,000,000. (7) For base closure and realignment activities funded through the account created pursuant to section 2906 of, and 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), $377,827,000. (8) For base closure and realignment activities funded through the account created pursuant to section 2906A of, and 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), $1,504,466,000. (9) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $46,391,000. (B) 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 increment 2 of the hospital replacement at Fort Belvoir, Virginia, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2100), $57,000,000. (b) Notice and Wait Requirement Applicable to Obligation of Funds for Base Closure and Realignment Activities.--None of the funds authorized to be appropriated by subsection (a)(8) may be obligated until 21 days after the date on which the Secretary of Defense submits to the congressional defense committees a report describing the specific programs, projects, and activities for which such funds are to be obligated. 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, 2005, 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 $206,858,000. TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for the costs of acquisition, architectural and engineering services, and construction of facilities for the reserve components, and for contributions therefore, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts: (1) For the Department of the Army-- (A) for the Army National Guard of the United States, $445,100,000; and (B) for the Army Reserve, $121,077,000. (2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $50,226,000. (3) For the Department of the Air Force-- (A) for the Air National Guard of the United States, $264,061,000; and (B) for the Air Force Reserve, $79,260,000. SEC. 2602. SPECIFIC AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION PROJECTS. (a) Camp Roberts, California.--Of the amount authorized to be appropriated for the Department of the Army for the Army National Guard of the United States under section 2601(1)(A)-- (1) $1,500,000 is available for the construction of an urban combat course at Camp Roberts, California; and (2) $1,500,000 is available for the addition or alteration of a field maintenance shop at Fort Dodge, Iowa. SEC. 2603. CONSTRUCTION OF FACILITIES, NEW CASTLE COUNTY AIRPORT AIR GUARD BASE, DELAWARE. Of the amount authorized to be appropriated for the Department of the Air Force for the Air National Guard of the United States under section 2601(3)(A)-- (1) $1,400,000 is available for the construction of a security forces facility at New Castle County Airport Air Guard Base, Delaware; and (2) $1,500,000 is available for the construction of a medical training facility at New Castle County Airport Air Guard Base, Delaware. SEC. 2604. CONSTRUCTION OF MAINTENANCE HANGAR, NEW CASTLE COUNTY AIRPORT AIR GUARD BASE, DELAWARE. (a) Authorization of Appropriations.--The amount authorized to be appropriated by section 2601(3)(A) for the Department of the Air Force for the Air National Guard of the United States is hereby increased by $1,440,000. (b) Use of Funds.--Of the amount authorized to be appropriated by section 2601(3)(A) for the Department of the Air Force for the Air National Guard of the United States, as increased by subsection (a), $1,440,000 is available for planning and design for a replacement C-130 aircraft maintenance hangar at Air National Guard New Castle County Airport, Delaware. (c) Offset.--The amount authorized to be appropriated by section 2204(a) for military construction, land acquisition, and military family housing functions of the Department of the Navy and the amount of such funds authorized by paragraph (11) of such subsection for the construction of increment 3 of the general purpose berthing pier at Naval Weapons Station, Earle, New Jersey, are each hereby decreased by $1,440,000. SEC. 2605. NATIONAL GUARD CONSTRUCTION PROJECTS. (a) Army National Guard at Camp Dawson, West Virginia.-- (1) Authorization of appropriations.--The amount authorized to be appropriated by section 2601(1)(A) for the Department of the Army for the Army National Guard of the United States is hereby increased by $4,500,000. (2) Use of funds.--Of the amount authorized to be appropriated by section 2601(1)(A) for the Department of the Army for the Army National Guard of the United States, as increased by paragraph (1), $4,500,000 is available for the construction of a readiness center at Camp Dawson, West Virginia. (3) Offset.--The amount authorized to be appropriated by section 2601(3)(A) for the Department of the Air Force for the Air National Guard of the United States, and available for the construction of a bridge/gate house/force protection entry project at Camp Yeager, West Virginia, is hereby decreased by $4,500,000. (b) Air National Guard at Eastern West Virginia Regional Airport.-- Of the amount authorized to be appropriated by section 2603(3)(A) for the Department of the Air Force for the Air National Guard of the United States, and otherwise available for the construction of a bridge/gate house/force protection entry project at Air National Guard Base, West Virginia, $2,000,000 shall be available instead for C-5 aircraft shop upgrades at Eastern West Virginia Regional Airport, Shepherd Field, Martinsburg, West Virginia. 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, 2008; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2009. (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, 2008; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2009 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment program. SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2003 PROJECTS. (a) Extension.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2681), authorizations set forth in the tables in subsection (b), as provided in sections 2301, 2302, and 2401 of that Act, shall remain in effect until October 1, 2006, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2007, whichever is later. (b) Tables.--The tables referred to in subsection (a) are as follows: Air Force: Extension of 2003 Project Authorizations ---------------------------------------------------------------------------------------------------------------- State Installation or location Project Amount ---------------------------------------------------------------------------------------------------------------- Florida............................... Eglin Air Force Base..... Replace family housing (134 $15,906,000 Units)...................... Florida............................... Eglin Air Force Base..... Replace Family Housing Office $597,000 Mississippi........................... Keesler Air Force Base... Replace family housing (117 $16,505,000 Units)...................... Texas................................. Randolph Air Force Base.. Replace family housing (112 $14,311,000 Units)...................... Texas................................. Randolph Air Force Base.. Replace Housing Maintenance $447,000 Facility.................... Italy................................. Aviano Air Base.......... Consolidate Area A-1 and A-2. $5,000,000 ---------------------------------------------------------------------------------------------------------------- Defense Wide: Extension of 2003 Project Authorization ---------------------------------------------------------------------------------------------------------------- Agency Installation or location Project Amount ---------------------------------------------------------------------------------------------------------------- Special Operations Command............ Stennis Space Center, SOF Training Range........... $5,000,000 Mississippi............. ---------------------------------------------------------------------------------------------------------------- SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002 PROJECTS. (a) Extension.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1301), authorizations set forth in the tables in subsection (b), as provided in sections 2101 and 2302 of that Act, shall remain in effect until October 1, 2006, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2007, whichever is later. (b) Tables.--The tables referred to in subsection (a) are as follows: Army: Extension of 2002 Project Authorization ---------------------------------------------------------------------------------------------------------------- State Installation or location Project Amount ---------------------------------------------------------------------------------------------------------------- Hawaii................................ Pohakuloa Training Land purchase................ $1,500,000 Facility................ ---------------------------------------------------------------------------------------------------------------- Air Force: Extension of 2002 Project Authorization ---------------------------------------------------------------------------------------------------------------- State Installation or location Project Amount ---------------------------------------------------------------------------------------------------------------- Louisiana............................. Barksdale Air Force Base. Replace family housing (56 $7,300,000 Units)...................... ---------------------------------------------------------------------------------------------------------------- SEC. 2704. EFFECTIVE DATE. Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on the later of-- (1) October 1, 2005; 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, 2005. SEC. 2802. MODIFICATION OF COST VARIATION AUTHORITY. (a) Limitation on Cost Decreases Related to Military Construction and Military Family Housing Projects.--Section 2853 of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``may be increased by not more than 25 percent'' and inserting ``may be increased or decreased by not more than 25 percent''; and (B) by striking ``if the Secretary concerned determines that such an increase in cost is required'' and inserting ``if the Secretary concerned determines that such revised cost is required''; (2) in subsection (c)-- (A) by striking ``limitation on cost increase'' and inserting ``limitation on cost variations''; and (B) by striking ``the increase'' both place it appears and inserting ``the variation''; and (3) in subsection (d), by striking ``limitation on cost increases'' and inserting ``limitation on cost variations''. (b) Additional Information Required for Notification in Connection with Waiver of Limitations on Cost Increases.--Subsection (c)(2) of such section is further amended by inserting after ``the reasons therefor'' the following: ``, including a description of the funds proposed to be used to finance any increased costs''. (c) Technical Amendments.-- (1) Section heading.--The heading of such section is amended to read as follows: ``Sec. 2853. Authorized cost and scope of work variations''. (2) Table of sections.--The item relating to such section in the table of sections at the beginning of chapter 169 of such title is amended to read as follows: ``2853. Authorized cost and scope of work variations.''. SEC. 2803. DEPARTMENT OF DEFENSE HOUSING FUNDS. (a) Requirement To Fund Certain Acquisition and Improvement of Military Housing Solely Through Defense Housing Funds.--Subsection (e) of section 2883 of title 10, United States Code, is amended-- (1) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (2) by adding at the end the following new paragraph: ``(2) The Funds established under subsection (a) shall be the sole source of funds for activities carried out under this subchapter.''. (b) Authority to Transfer Funds Appropriated for the Improvement of Military Family Housing to Defense Housing Funds.--Subsection (c)(1)(B) of such section is amended by striking ``acquisition or construction'' and inserting ``acquisition, improvement, or construction''. (c) Reporting Requirements Related to Department of Defense Housing Funds.--Section 2884 of such title is amended-- (1) in subsection (a)(2)(D), by inserting after ``description of the source of such funds'' the following: ``, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred to the Funds established under section 2883 of this title in order to finance the contract, conveyance, or lease''; and (2) in subsection (b)(1)-- (A) by striking ``a report'' and inserting ``a separate report''; (B) by striking ``covering the Funds'' and inserting ``covering each of the Funds''; and (C) by striking the period at the end and inserting the following: ``, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred and the privatization projects or contracts to which those funds were transferred. Each report shall also include, for each military department or defense agency, a description of all funds to be transferred to such Funds for the current fiscal year and the next fiscal year.''. SEC. 2804. TEMPORARY AUTHORITY TO USE MINOR MILITARY CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF CHILD DEVELOPMENT CENTERS. (a) Thresholds on Construction Authorized.--The Secretary of Defense shall establish a program to carry out minor military construction projects under section 2805 of title 10, United States Code, to construct child development centers. (b) Increased Maximum Amounts Applicable to Minor Construction Projects.--For the purpose of any military construction project carried out under the authority provided by this section-- (1) the amount specified in the second sentence of subsection (a)(1) of section 2805 of title 10, United States Code, shall be deemed to be $7,000,000; (2) the amount specified in the third sentence of subsection (a)(1) of such section shall be deemed to be $8,000,000; (3) the amount specified in subsection (b)(1) of such section shall be deemed to be $5,000,000; (4) the amount specified in subsection (c)(1)(A) of such section shall be deemed to be $7,000,000; and (5) the amount specified in subsection (c)(1)(B) of such section shall be deemed to be $5,000,000. (c) Program Requirements.-- (1) Notification.--All notification requirements under such section shall remain in effect for construction projects carried out under the authority provided by this section. (2) Review and approval.--The Secretary shall establish procedures for the review and approval of requests from the Secretaries of military departments to carry out construction projects under the authority provided by this section. (d) Report on Program.-- (1) Report required.--Not later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report on the program authorized under this section. (2) Content.--The report shall include-- (A) a list and description of the construction projects carried out under the program, including the location and cost of each such project; and (B) the assessment of the Secretary of the advisability of extending or expanding the authority for the program under this section. (e) Expiration of Authority.--The authority provided by this section expires on September 30, 2007. (f) Construction of Authority.--Nothing in this section may be construed to limit any other authority provided by law for a military construction project at a child development center. (g) Child Development Center Defined.--In this section, the term ``child development center'' includes a facility, and the utilities to support such facility, the function of which is to support the daily care of children aged 6 weeks old through 5 years old for full-day, part-day, and hourly service. SEC. 2805. INAPPLICABILITY TO CHILD DEVELOPMENT CENTERS OF RESTRICTION ON AUTHORITY TO ACQUIRE OR CONSTRUCT ANCILLARY SUPPORTING FACILITIES. Section 2881(b) of title 10, United States Code, is amended by inserting ``, other than a project for the acquisition or construction of a child development center,'' after ``A project referred to in subsection (a)''. SEC. 2806. AUTHORITY TO CARRY OUT EXCHANGES OF FACILITIES INCLUDING ASSOCIATED UTILITIES, EQUIPMENT, AND FURNISHINGS. (a) In General.--Section 18240 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(h) Facility Defined.--In this section, the term `facility' includes-- ``(1) any facility, as that term is defined in section 18232(2) of this title; and ``(2) any associated utilities, equipment, and furnishings required to be installed in any such facility.''. (b) Temporary Authority Related to Cash Equalization Payments.-- Section 2809(c)(4) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2127) is amended by striking ``the term `facility' has the meaning given that term in section 18232(2) of title 10, United States Code'' and inserting the following: ``the term `facility' has the meaning given that term in section 18240(h) of title 10, United States Code''. SEC. 2807. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN KOREA AUTHORIZED FOR LEASE BY THE ARMY AT MAXIMUM AMOUNT. Section 2828(e)(4) of title 10, United States Code, is amended by striking ``2,400'' and inserting ``2,800''. Subtitle B--Real Property and Facilities Administration SEC. 2821. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF DEPARTMENT OF DEFENSE FIELD ACTIVITIES. Section 2667a of title 10, United States Code, is amended-- (1) by amending the heading to read as follows: ``Sec. 2667a. Leases: non-excess property of Defense Agencies and Department of Defense Field Activities''; (2) in subsection (a)(1), by striking ``Defense agency'' and inserting ``Defense Agency or Department of Defense Field Activity''; and (3) in subsection (d)-- (A) by striking ``Defense agency'' and inserting ``Defense Agency or Department of Defense Field Activity''; and (B) by striking ``a Defense agency's special account'' and inserting ``the special account of a Defense Agency or Department of Defense Field Activity''. SEC. 2822. MODIFIED CRITERIA FOR AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON MILITARY TRAINING, TESTING, AND OPERATIONS. (a) Modified Criteria.--Section 2684a of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``or entities'' after ``entity''; and (B) by striking ``in the vicinity of a military installation'' and inserting ``in the vicinity of, or ecologically related to, a military installation or the airspace of such installation''; (2) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``An agreement with an eligible entity under this section may provide for'' and inserting ``An agreement with an eligible entity or entities under this section shall provide for''; (ii) in subparagraph (A), by inserting ``or entities'' after ``entity''; and (iii) by amending subparagraph (B) to read as follows: ``(B) the equal sharing by the Department of Defense and the entity or entities of the acquisition costs, whether by contribution of funding or like-kind exchange of property or lesser property interest.''; (B) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (4), (5), (6), and (7), respectively; (C) by inserting after paragraph (1) the following new paragraphs: ``(2) The Secretary concerned may waive the requirement in paragraph (1)(B) to equally share acquisition costs if-- ``(A) the Secretary determines that the agreement is essential to accomplish the mission of the installation; ``(B) the Secretary notifies the congressional defense committees in writing of the determination and the reasons for the determination; and ``(C) a period of 21 days has elapsed after the date on which such notification is received by the committees. ``(3) The acquisition cost of any lesser interest in the property may not exceed 70 percent of the appraised value of the property.''; and (D) in paragraph (5), as redesignated by subparagraph (B), by inserting ``or entities'' after ``entity''; (3) by redesignating subsection (h) as subsection (i); and (4) by inserting after subsection (g) the following new subsection: ``(h) Annual Reports.--(1) Not later than March 15, 2006, and annually thereafter, the Secretary of Defense shall, in coordination with the Secretaries of the military departments and the Director of the Department of Defense Test Management Resource Center, submit to the congressional defense committees a report on the implementation of projects undertaken pursuant to this section. ``(2) The reports submitted under paragraph (1) shall include-- (A) a description of the status of such projects; (B) an assessment of the effectiveness of such projects and other actions undertaken pursuant to this section as part of a long-range strategy to ensure the sustainability of military test and training ranges, military installations, and associated airspace; (C) an evaluation of the methodology and criteria used to select and prioritize projects undertaken pursuant to this section; (D) a description of the shared costs by the Department of Defense and the eligible entity or entities under each agreement undertaken or proposed; and (E) recommendations for any legislation or changes in regulations to increase the efficiency and effectiveness of actions taken under this section.''. (b) Applicability of Modified Criteria.--The requirement under subsection (d)(1)(B) of such section (as amended by subsection (a)(2)(A)(iii)) that an agreement under such section shall provide for the equal sharing of acquisition costs by the Department of Defense and an eligible entity or entities shall not apply to an agreement initiated before the date of the enactment of this Act. SEC. 2823. EXPANDED AUTHORITY TO ENTER INTO LEASE-PURCHASE AGREEMENTS. Section 2812 of title 10, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking ``a private contractor'' and inserting ``an eligible entity''; and (B) by striking ``the contractor'' and inserting ``the eligible entity''; (2) in subsection (c)-- (A) by striking ``(c)(1)'' and inserting ``(c)''; (B) by striking paragraph (2); and (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2); and (3) by adding at the end the following new subsection: ``(e) In this section, the term `eligible entity' means any private person, corporation, firm, partnership, company, or State or local government.''. Subtitle C--Land Conveyances PART I--ARMY CONVEYANCES SEC. 2841. LAND CONVEYANCE, HELENA, MONTANA. (a) Conveyance Authorized.--The Secretary of the Army may convey by quitclaim deed to the Helena Indian Alliance, all right, title, and interest of the United States in and to a parcel of real property consisting of approximately 3.0 acres located at Sheridan Hall United States Army Reserve Center, 501 Euclid Avenue, Helena, Montana, including improvements thereon, for the purposes of supporting Native American health care, mental health counseling, and the operation of an education training center. (b) Reversionary Interest.--If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purposes of the conveyance specified in such subsection, all right, title, and interest in and to the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing. (c) Payment of Costs of Conveyance.-- (1) In general.--The Secretary shall require the Helena Indian Alliance 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 Helena Indian Alliance 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 Alliance. (2) Reimbursement.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Description of Real 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. (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 State. SEC. 2842. LAND CONVEYANCE, ARMY RESERVE CENTER, BOTHELL, WASHINGTON. (a) Conveyance Authorized.--The Secretary of the Army may convey, without consideration, to the Snohomish County Fire Protection District #10 (in this section referred to as the ``Fire District'') all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 1.0 acres located at the Army Reserve Center, Bothell, Washington, for the purpose of permitting the Fire District to operate a fire station on the property. (b) Reversionary Interest.--If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing. (c) Payment of Costs of Conveyance.-- (1) In general.--The Secretary may require the Fire District 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 Fire District 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 Fire District. (2) Reimbursement.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary. The cost of each survey shall be borne by the Fire District. (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. 2843. LAND CONVEYANCE, IOWA ARMY AMMUNITION PLANT, MIDDLETOWN, IOWA. (a) Conveyance Authorized.--The Secretary of the Army may convey to the City of Middletown (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 1.0 acres located at the Iowa Army Ammunition Plant, Middletown, Iowa, for the purpose of economic development. (b) Consideration.--As consideration for the conveyance of property under subsection (a), the City shall provide the United States, whether by cash payment, in-kind consideration, or a combination thereof, an amount that is not less than the fair market value of the conveyed property, as determined by the Secretary. (c) Payment of Costs of Conveyance.-- (1) In general.--The Secretary may require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. (2) Reimbursement.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary. The cost of each survey shall be borne by the City. (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. PART II--NAVY CONVEYANCES SEC. 2851. LAND CONVEYANCE, MARINE CORPS AIR STATION, MIRAMAR, SAN DIEGO, CALIFORNIA. (a) Conveyance Authorized.--Subject to subsection (c), the Secretary of the Navy may convey to the County of San Diego, California (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, including any improvements thereon and appurtenant easements thereto, consisting of approximately 230 acres located on the eastern boundary of Marine Corps Air Station, Miramar, California, for the purpose of removing the property from the boundaries of the installation and permitting the County to preserve the entire property known as the Stowe Trail as a public passive park/recreational area. (b) Consideration.-- (1) In general.--As consideration for the conveyance under subsection (a), the County shall provide the United States an amount with a total value that is not less than the fair market value of the conveyed real property, as determined by the Secretary. (c) Reversionary Interest.-- (1) In general.--If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereon, shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing. (2) Release of reversionary interest.--The Secretary shall release, without consideration, the reversionary interest retained by the United States under paragraph (1) if the Marine Corps Air Station, Miramar, is no longer being used for Department of Defense activities. (d) Payment of Costs of Conveyance.-- (1) Payment required.--The Secretary shall 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 conveyance under subsection (a) and implement the receipt of consideration under subsection (b), including appraisal costs, survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance and receipt of consideration. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount received exceeds the costs actually incurred by the Secretary under this section, the Secretary shall refund the excess amount to the County. (2) Reimbursement.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (f) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. SEC. 2852. LEASE OF UNITED STATES NAVY MUSEUM FACILITIES AT WASHINGTON NAVY YARD, DISTRICT OF COLUMBIA. (a) Lease or License Authorized.-- (1) In general.--The Secretary of the Navy may lease to the Naval Historical Foundation (in this section referred to as the ``Foundation'') facilities located at Washington Naval Yard, Washington, District of Columbia, that house the United States Navy Museum (in this section referred to as the ``Museum'') for the purpose of carrying out the following activities: (A) Generation of revenue for the Museum through the rental of facilities to the public, commercial and non-profit entities, State and local governments, and other Federal agencies. (B) Administrative activities in support of the Museum. (2) Limitation.--Any activities carried out at the leased facilities under paragraph (1) must be consistent with the operations of the Museum. (b) Consideration.--The amount of consideration paid in a year by the Foundation to the United States for the lease of facilities under subsection (a) may not exceed the actual cost, as determined by the Secretary, of the annual operation and maintenance of the facilities. (c) Use of Proceeds.-- (1) Deposit of proceeds.--The Secretary shall deposit any amounts received under subsection (b) for the lease or license of facilities under subsection (a) into the account for appropriations available for the operation and maintenance of the Museum. (2) Availability of amounts.--The Secretary may use any amounts deposited under paragraph (1) to cover the costs associated with the operation and maintenance of the Museum and its exhibits. (d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the lease or lease of facilities under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. PART III--AIR FORCE CONVEYANCES SEC. 2861. ACQUISITION OF BUILD-TO-LEASE FAMILY HOUSING AT EIELSON AIR FORCE BASE, ALASKA. (a) Acquisition Authorized.-- (1) In general.--The Secretary of the Air Force may purchase the entire interest of the developer in the military family housing project at Eielson Air Force Base, Alaska, described in paragraph (2) if the Secretary determines that the purchase is in the best economic interests of the Air Force. (2) Description of project.--The military family housing project referred to in this section is the 300-unit military family housing project at Eielson Air Force Base that was constructed by the developer and is leased by the Secretary under section 2835 of title 10, United States Code (in this section referred to as the ``Eielson housing project''). (b) Consideration.--The consideration paid by the Secretary under this section for the interest of the developer in the Eielson housing project may not exceed an amount equal to the fair market value of such interest, as determined by the Secretary. (c) Time for Purchase.-- (1) In general.--Subject to paragraph (2), the Secretary may make the purchase authorized by subsection (a) at any time after the end of the term of the lease for the Eielson housing project. (2) Notice and wait requirement.--The Secretary may not make the purchase authorized by subsection (a) until 30 days after notifying the congressional defense committees of the Secretary's election to make such purchase. SEC. 2862. LAND CONVEYANCE, AIR FORCE PROPERTY, LA JUNTA, COLORADO. (a) Conveyance Authorized.--The Secretary of the Air Force may convey, without consideration, to the City of La Junta, Colorado (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 improvements thereon, consisting of approximately 8 acres located at the USA Bomb Plot in the La Junta Industrial Park for the purpose of training local law enforcement officers. (b) Payment of Costs of Conveyance.-- (1) In general.--The Secretary shall require the City to cover costs to be incurred by the Secretary after the date of enactment of the Act, or to reimburse the Secretary for costs incurred by the Secretary after that date, to carry out the conveyance under subsection (a), including any survey costs, costs related to environmental assessments, studies, analyses, or other documentation, and other administrative costs related to the conveyance. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. (2) Treatment of amounts received.--Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (c) Description of Property.--The exact acreage and legal description of the 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. Subtitle D--Other Matters SEC. 2881. REORGANIZATION AND TECHNICAL IMPROVEMENT OF CODIFIED LAWS APPLICABLE TO REAL PROPERTY OF THE DEPARTMENT OF DEFENSE. (a) Consolidation of Acquisition Authority.--Section 2663 of title 10, United States Code, is amended-- (1) in the heading, by inserting ``authority'' after ``Acquisition''; (2) in subsection (a)-- (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (B) by striking ``(a) The Secretary'' and inserting the following: ``(a) In General.--(1) The Secretary''; and (C) in paragraph (1)(C), as redesignated by this paragraph, by striking ``clause (2)'' and inserting ``subparagraph (B)''; (3) by redesignating subsections (b), (c), and (d), as paragraphs (2), (3), and (4), respectively; (4) by striking ``subsection (a)'' each place it appears and inserting ``paragraph (1)''; and (5) by adding at the end the following new subsections: ``(b) Low-Cost Interests in Land.--(1) The Secretary of a military department may acquire any interest in land that-- ``(A) the Secretary determines-- ``(i) is needed in the interest of national defense; and ``(ii) does not cost more than $750,000, exclusive of administrative costs and the amounts of any deficiency judgments; or ``(B) the Secretary determines-- ``(i) is needed solely to correct a deficiency that is life-threatening, health- threatening, or safety-threatening; and ``(ii) does not cost more than $1,500,000, exclusive of administrative costs and the amounts of any deficiency judgments. ``(2) This subsection does not apply to the acquisition, as part of the same project, of more than one parcel of land unless-- ``(A) the parcels are noncontiguous; or ``(B) if the parcels are contiguous-- ``(i) the total cost of such parcels is not more than $750,000 in the case of an acquisition under paragraph (1)(A); or ``(ii) the total cost of such parcels is not more than $1,500,000 in the case of an acquisition under paragraph (1)(B). ``(3) Appropriations available to the Department of Defense for operation and maintenance or for military construction may be used for the acquisition of land or interests in land under paragraph (1). ``(c) Interests in Land When Need Is Urgent.--(1) The Secretary of a military department may acquire any interest in land in any case in which the Secretary determines that-- ``(A) the acquisition is needed in the interest of national defense; ``(B) the acquisition is required to maintain the operational integrity of a military installation; and ``(C) considerations of urgency do not permit the delay necessary to include the acquisition in an annual Military Construction Authorization Act. ``(2) Not later than 10 days after the date on which the Secretary of a military department determines to acquire an interest in land under the authority of this subsection, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives written notice containing a description of the property and interest to be acquired and the reasons for the acquisition. ``(3) Appropriations available for military construction may be used for the acquisition of land under this subsection. ``(d) Scope of Authority.--The authority to acquire interests in real property (including a temporary interest) under this section includes authority to-- ``(1) make surveys; and ``(2) acquire interests in real property by gift, purchase, exchange of real property owned by the United States, or otherwise.''. (b) Acquisition Limitations.-- (1) Transfer of limitations.--Section 2676 of such title is-- (A) transferred to appear after section 2663 of such title; and (B) redesignated as section 2664 of such title. (2) Stylistic and clerical amendments.--Section 2664 of such title, as redesignated by paragraph (1), is amended-- (A) by striking subsection (b); (B) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; (C) in subsection (b), as redesignated by subparagraph (B)-- (i) by striking ``determines (A) that such'' and inserting the following: ``determines that-- ``(A) such''; (ii) by striking ``cost, and (B) that such'' and inserting the following: ``cost; and ``(B) that such''; and (iii) by striking ``subsection (d)'' and inserting ``subsection (c)''; (D) in subsection (c), as so redesignated, by striking ``subsection (c)'' and inserting ``subsection (b)''; and (E) in subsection (d), as so redesignated, by striking ``subsections (c) and (d)'' and inserting ``subsections (b) and (c)''. (c) Repeal of Consolidated Sections.--The following sections of chapter 159 of such title are repealed: (1) Section 2672. (2) Section 2672a. (d) Clerical Amendments.--The table of sections at the beginning of such chapter is amended-- (1) by amending the item relating to section 2663 to read as follows: ``2663. Acquisition authority.''; (2) by inserting after the item relating to section 2663 the following new item: ``2664. Acquisition: limitations.''; and (3) by striking the items relating to sections 2672, 2672a, and 2676. (e) Repeal of Obsolete Authority.--Section 2665 of such title is amended-- (1) by striking subsection (a); (2) by redesignating subsections (b), (c), (d), (e), and (f) as subsections (a), (b), (c), (d), and (e), respectively; (3) in subsection (b), as redesignated by paragraph (2), by striking ``subsection (a) or (b)'' and inserting ``subsection (a)''; and (4) in paragraph (2) of subsection (e), as so redesignated-- (A) by striking ``subsections (a) and (b)'' and inserting ``subsection (a)''; (B) by striking ``subsection (d)'' and inserting ``subsection (c)''; and (C) by striking ``subsection (e)'' and inserting ``subsection (d)''. (f) Transfer of Ford Island Provision.-- (1) Transfer and redesignation.--Section 2814 of such title is-- (A) transferred to appear after section 7524 of such title; and (B) redesignated as section 7525 of such title. (2) Technical and conforming amendments.--Subsection (i) of section 7525 of such title, as transferred and redesignated by paragraph (1), is amended-- (A) in paragraph (2)-- (i) by striking ``To extent'' and inserting ``To the extent; and (ii) by striking ``this chapter'' and inserting ``chapter 169 of this title''; and (B) in paragraph (3)(B), by striking ``this chapter'' and inserting ``chapter 169 of this title''. (3) Clerical amendments.--(A) The table of sections at the beginning of chapter 169 of such title is amended by striking the item relating to section 2814. (B) The table of sections at the beginning of chapter 645 of such title is amended by adding at the end the following new item: ``7525. Special authority for development of Ford Island, Hawaii.''. (g) Application of Real Property Management Authorities to Pentagon Reservation.--Section 2661 of such title is amended by adding at the end the following new subsection: ``(d) In this chapter, the terms `Secretary concerned' and `Secretary of a military department' include the Secretary of Defense with respect to the Pentagon Reservation.''. SEC. 2882. REPORT ON APPLICATION OF FORCE PROTECTION AND ANTI-TERRORISM STANDARDS TO LEASED FACILITIES. (a) Report Required.--Not later than May 1, 2006, the Secretary of Defense shall submit to the congressional defense committees a report on the application of Department of Defense Anti-Terrorism/Force Protection standards to all facilities leased by the Department of Defense or leased by the General Services Administration as an agent for the Department of Defense as of September 30, 2005. (b) Information on Leased Facilities.--For each facility identified in the report submitted under subsection (a), the Secretary shall include the following: (1) A description of the function of the leased facility, including the location, size, terms of lease, and the number of personnel housed within the facility. (2) A description of the threat assessment and the joint security integrated vulnerability assessment for each leased facility. (3) A description and cost estimate of any actions necessary to mitigate risk to an acceptable level in each leased facility. (4) A description and cost estimate of the actions to be taken by the Secretary of Defense for each leased facility to ensure compliance with Department of Defense Anti-Terrorism/ Force Protection standards. (5) The total estimated cost of, and a proposed funding plan for, implementation of the force protection and anti- terrorism measures required to ensure the compliance of all leased facilities with Defense Anti-Terrorism/Force Protection standards. (c) Information on Support Priorities.--The report submitted under subsection (a) shall also include a separate description of the procedures used by the Secretary of Defense to prioritize funding for the application of force protection and antiterrorism standards to leased facilities, including a description of any such procedures applicable to the entire Department of Defense. (d) Applicability.--The reporting requirements under this section apply to any space or facility that houses 11 or more personnel in service to, or employed by, the Department of Defense. SEC. 2883. CONSTRUCTION AT FORT BUCHANAN, PUERTO RICO, FOR RESERVE COMPONENTS. Section 1507(b)(2) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398, 114 Stat. 1654A-355) is amended to read as follows: ``(2) The construction, conversion, rehabilitation, extension, and improvement of reserve component and nonappropriated fund facilities.''. SEC. 2884. AUTHORITY TO USE PAPAGO PARK MILITARY RESERVATION, ARIZONA, FOR GENERAL MILITARY PURPOSES. Section 1 of the Act of April 7, 1930 (46 Stat. 142, chapter 107), is amended by striking ``reserved for military purposes for use of the National Guard of Arizona as a rifle range'' and inserting ``reserved for military purposes for use by the State of Arizona as a military installation known as Papago Park Military Reservation''. SEC. 2885. ONE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE LABORATORY REVITALIZATION PROGRAM. Section 2892(g) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2805 note), as amended by section 2891 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2154), is further amended by striking ``September 30, 2005'' and inserting ``September 30, 2006''. SEC. 2886. SENSE OF CONGRESS ON ESTABLISHMENT OF BAKERS CREEK MEMORIAL. (a) Findings.--Congress makes the following findings: (1) In 1943 and 1944, the United States Armed Forces operated a rest and relaxation facility in Mackay, Queensland, Australia, for troops serving in the Pacific Theater during World War II. (2) On June 14, 1943, a Boeing B-17C was transporting 6 crew members and 35 servicemen from Mackay to Port Moresby, New Guinea, to return the servicemen to duty after 10 days of rest and relaxation leave at an Army/Red Cross facility. (3) The aircraft crashed shortly after take-off at Bakers Creek, Australia, killing all 6 crew members and 34 of the 35 servicemen being transported in what was at that point the worst crash in American air transport history, and what remains the worst air disaster in Australian history. (4) Due to wartime censorship rules related to the movement of troops, the tragic crash and loss of life were not reported to the Australian or United States public. (5) Many family members of those killed did not learn the circumstances of the troops deaths until they were contacted by the Bakers Creek Memorial Foundation beginning in 1992. (6) As of May 2005, the Bakers Creek Memorial Foundation had contacted 36 of the 40 families that lost loved ones in the tragic crash, and was continuing efforts to locate the remaining four families to inform them of the true events of the crash at Bakers Creek. (7) The Australian people marked the tragic crash at Bakers Creek with a memorial established in 1992, but no similar memorial has been established in the United States. (b) Sense of Congress.--It is the sense of Congress that the Secretary of the Army may establish an appropriate marker, at a site to be chosen at the discretion of the Secretary, to commemorate the 40 members of the United States Armed Forces who lost their lives in the air crash at Bakers Creek, Australia, on June 14, 1943. SEC. 2887. REPORT ON USE OF GROUND SOURCE HEAT PUMPS AT DEPARTMENT OF DEFENSE FACILITIES. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the use of ground source heat pumps at Department of Defense facilities. (b) Content.--The report required under subsection (a) shall include-- (1) a description of the types of Department of Defense facilities that use ground source heat pumps; (2) an assessment of the applicability and cost- effectiveness of the use of ground source heat pumps at Department of Defense facilities in different geographic regions of the United States; (3) a description of the relative applicability of ground source heat pumps for purposes of new construction at, and retrofitting of, Department of Defense facilities; and (4) recommendations for facilitating and encouraging the increased use of ground source heat pumps at Department of Defense facilities. SEC. 2888. TREATMENT OF INDIAN TRIBAL GOVERNMENTS AS PUBLIC ENTITIES FOR PURPOSES OF DISPOSAL OF REAL PROPERTY RECOMMENDED FOR CLOSURE IN JULY 2003 BRAC COMMISSION REPORT. Section 8013 of the Department of Defense Appropriations Act, 1994 (Public Law 103-139; 107 Stat. 1440) is amended by striking ``the report to the President from the Defense Base Closure and Realignment Commission, July 1991'' and inserting ``the reports to the President from the Defense Base Closure and Realignment Commission, July 1991 and July 1993''. SEC. 2889. SENSE OF THE SENATE REGARDING COMMUNITY IMPACT ASSISTANCE RELATED TO CONSTRUCTION OF NAVY LANDING FIELD, NORTH CAROLINA. It is the sense of the Senate that-- (1) the planned construction of an outlying landing field in North Carolina is vital to the national security interests of the United States; and (2) the Department of Defense should work with other Federal agencies to provide community impact assistance to those communities directly impacted by the location of the outlying landing field, including, where appropriate-- (A) economic development assistance; (B) impact aid program assistance; (C) the provision by cooperative agreement with the Navy of fire, rescue, water, and sewer services; (D) access by leasing arrangement to appropriate land for farming for farmers impacted by the location of the landing field; (E) direct relocation assistance; and (F) fair compensation to landowners for property purchased by the Navy. SEC. 2890. DESIGNATION OF WILLIAM B. BRYANT ANNEX. (a) Designation.--The annex to the E. Barrett Prettyman Federal Building and United States Courthouse located at 333 Constitution Avenue Northwest in the District of Columbia shall be known and designated as the ``William B. Bryant Annex''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the annex referred to in subsection (a) shall be deemed to be a reference to the ``William B. Bryant Annex''. SEC. 2891. REQUIRED CONSULTATION WITH STATE AND LOCAL ENTITIES ON TRANSPORTATION, HOUSING, AND OTHER INFRASTRUCTURE ISSUES RELATED TO THE ADDITION OF PERSONNEL OR FACILITIES AT MILITARY INSTALLATIONS AS PART OF 2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT. Section 2905(a) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the end the following new paragraph: ``(3) In carrying out any closure or realignment under this part that would add personnel or facilities to an existing military installation, the Secretary shall consult with appropriate State and local entities on matters affecting the local community related to transportation, utility infrastructure, housing, schools, and family support activities during the development of plans to implement such closure or realignment.''. SEC. 2892. SENSE OF THE SENATE ON REVERSIONARY INTERESTS AT NAVY HOMEPORTS. It is the sense of the Senate that, in implementing the decisions made with respect to Navy homeports as part of the 2005 round of defense base closure and realignment, the Secretary of the Navy should, consistent with the national interest and Federal policy supporting cost-free conveyances of Federal surplus property suitable for use as port facilities, release or otherwise relinquish any entitlement to receive, pursuant to any agreement providing for such payment, compensation from any holder of a reversionary interest in real property used by the United States for improvements made to any military installation that is closed or realigned as part of such base closure round. SEC. 2893. IDENTIFICATION OF ENVIRONMENTAL CONDITIONS AT MILITARY INSTALLATIONS CLOSED OR REALIGNED UNDER 2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT. (a) Identification of Environmental Condition of Property.-- (1) In general.--Not later than May 31, 2007, the Secretary of Defense, in consultation with the Administrator of the Environmental Protection Agency, other appropriate Federal agencies, and State, tribal, and local government officials, shall complete an identification of the environmental condition of the real property (including groundwater) of each military installation approved for closure or realignment under the 2005 round of defense base closure and realignment in accordance with section 120(h)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(4)). (2) Results.-- (A) In general.--As soon as practicable after the date on which an identification under paragraph (1) is completed, the Secretary of Defense shall-- (i) provide a notice of the results of the identification to-- (I) the Administrator of the Environmental Protection Agency; (II) the head of any other appropriate Federal agency, as determined by the Secretary; and (III) any affected State or tribal government official, as determined by the Secretary; and (ii) publish in the Federal Register the results of the identification. (B) Request for concurrence.--The Secretary shall include in a notice provided under subclause (I) or (III) of subparagraph (A)(i) a request for concurrence with the identification in such form as the Secretary determines to be appropriate. (3) Concurrence.-- (A) In general.--An identification under paragraph (1) shall not be considered to be complete until-- (i) for a property that is a site, or part of a site, on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)), the date on which the Administrator of the Environmental Protection Agency and each appropriate State and tribal government official concur with the identification; and (ii) for any property that is not a site described in clause (i), the date on which each appropriate State and tribal government official concurs with the identification. (B) Failure to act.--The Administrator, or a State or tribal government official, shall be considered to concur with an identification under paragraph (1) if the Administrator or government official fails to make a determination with respect to a request for concurrence with such identification under paragraph (2)(B) by not later than 90 days after the date on which such request for concurrence is received. (b) Expediting Environmental Response.--The Secretary of Defense shall coordinate with appropriate Federal, State, tribal, and local governmental officials, as determined by the Secretary, to expedite environmental response at military installations approved for closure or realignment under the 2005 round of defense base closure and realignment. (c) Report.--The Secretary shall submit to Congress, as part of each annual report under section 2706 of title 10, United States Code, a report describing any progress made in carrying out this section. (d) Effect of Section.--Nothing in this section affects any obligation of the Secretary with respect to any other Federal or State requirement relating to-- (1) the environment; or (2) the transfer of property. SEC. 2894. SENSE OF CONGRESS ON LIMITATION ON TRANSFER OF UNITS FROM CLOSED AND REALIGNED MILITARY INSTALLATIONS PENDING READINESS OF RECEIVING LOCATIONS. (a) Findings.-- (1) The Commission on Review of Overseas Military Facility Structure of the United States, also known as the Overseas Basing Commission, transmitted a report to the President and Congress on August 15, 2005, that discussed considerations for the return to the United States of up to 70,000 service personnel and 100,000 family members and civilian employees from overseas garrisons. (2) The 2005 Base Closure and Realignment Commission released a report on September 8, 2005, to the President that assessed the closure and realignment decisions of the Department of Defense, which would affect 26,830 military personnel positions. (3) Both of these reports expressed concerns that massive movements of units, service personnel, and families may disrupt unit operational effectiveness and the quality of life for family members if not carried out with adequate planning and resources. (4) The 2005 Base Closure and Realignment Commission, in its decision to close Fort Monmouth, included a provision requiring the Secretary of Defense to provide a report that ``movement of organizations, functions, or activities from Fort Monmouth to Aberdeen Proving Ground will be accomplished without disruption of their support to the Global War on Terrorism or other critical contingency operations, and that safeguards exist to ensure that necessary redundant capabilities are put in place to mitigate potential degradation of such support, and to ensure maximum retention of critical workforce''. (5) The Overseas Basing Commission found that ``base closings at home along with the return of yet additional masses of service members and dependents from overseas will have major impact on local communities and the quality of life that can be expected. Movements abroad from established bases into new locations, or into locations already in use that will be put under pressure by increases in populations, will impact on living conditions.'' (6) The Overseas Basing Commission notes that the four most critical elements of quality of life as they relate to restructuring of the global defense posture are housing, military child education, healthcare, and service member and family services. (7) The Overseas Basing Commission recommended that ``planners must take a `last day-first day' approach to the movement of units and families from one location to another'', meaning that they must maintain the support infrastructure for personnel until the last day they are in place and must have the support infrastructure in place on the first day troops arrive in the new location. (8) The Overseas Basing Commission further recommended that it is ``imperative that the `last day-first day' approach should be taken whether the movement is abroad from one locale to another, from overseas to the United States, or from one base in CONUS [the continental United States] to yet another as a result of base realignment and closures''. (b) Sense of Congress.--It is the sense of Congress that the Secretary of Defense should not transfer any unit from a military installation closed or realigned due to the relocation of forces under the Integrated Global Presence and Basing Strategy or the 2005 round of defense base closure and realignment until adequate facilities and infrastructure necessary to support the unit's mission and quality of life requirements for military families are ready for use at the receiving location. Passed the Senate November 15, 2005. Attest: Secretary. 109th CONGRESS 1st Session S. 1044 _______________________________________________________________________ AN ACT To authorize appropriations for fiscal year 2006 for military construction, and for other purposes.