2000
[DOCID: f:s1418pcs.txt]
Calendar No. 157
107th CONGRESS
1st Session
S. 1418
To authorize appropriations for fiscal year 2002 for military
construction, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 12, 2001
Mr. Levin, from the Committee on Armed Services, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2002 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 2002''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional defense committees defined.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2001 projects.
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
2001 projects.
Sec. 2206. Modification of authority to carry out fiscal year 2000
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.
Sec. 2305. Modification of authority to carry out certain fiscal year
2001 project.
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.
Sec. 2404. Cancellation of authority to carry out certain fiscal year
2001 projects.
Sec. 2405. Cancellation of authority to carry out additional fiscal
year 2001 project.
Sec. 2406. Modification of authority to carry out certain fiscal year
2000 projects.
Sec. 2407. Modification of authority to carry out certain fiscal year
1999 project.
Sec. 2408. Modification of authority to carry out certain fiscal year
1995 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1999
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1998
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 certain unspecified minor
military construction projects.
Sec. 2802. Unforeseen environmental hazard remediation as basis for
authorized cost variations for military
construction and family housing
construction projects.
Sec. 2803. Repeal of requirement for annual reports to Congress on
military construction and military family
housing activities.
Sec. 2804. Authority available for lease of property and facilities
under alternative authority for acquisition
and improvement of military housing.
Sec. 2805. Funds for housing allowances of members assigned to military
family housing under alternative authority
for acquisition and improvement of military
housing.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Availability of proceeds of sales of Department of Defense
property from closed military
installations.
Sec. 2812. Pilot efficient facilities initiative.
Sec. 2813. Demonstration program on reduction in long-term facility
maintenance costs.
Subtitle C--Land Conveyances
Sec. 2821. Land conveyance, Engineer Proving Ground, Fort Belvoir,
Virginia.
Sec. 2822. Modification of authority for conveyance of Naval Computer
and Telecommunications Station, Cutler,
Maine.
Sec. 2823. Land transfer and conveyance, Naval Security Group Activity,
Winter Harbor, Maine.
Sec. 2824. Conveyance of segment of Loring Petroleum Pipeline, Maine,
and related easements.
Sec. 2825. Land conveyance, petroleum terminal serving former Loring
Air Force Base and Bangor Air National
Guard Base, Maine.
Sec. 2826. Land conveyance, Naval Weapons Industrial Reserve Plant,
Toledo, Ohio.
Subtitle D--Other Matters
Sec. 2841. Development of United States Army Heritage and Education
Center at Carlisle Barracks, Pennsylvania.
Sec. 2842. Limitation on availability of funds for renovation of the
Pentagon Reservation.
Sec. 2843. Naming of Patricia C. Lamar Army National Guard Readiness
Center, Oxford, Mississippi.
TITLE XXIX--DEFENSE BASE CLOSURE AND REALIGNMENT
Subtitle A--Modifications of 1990 Base Closure Law
Sec. 2901. Authority to carry out base closure round in 2003.
Sec. 2902. Base Closure Account 2003.
Sec. 2903. Additional modifications of base closure authorities.
Sec. 2904. Technical and clarifying amendments.
Subtitle B--Modification of 1988 Base Closure Law
Sec. 2911. Payment for certain services provided by redevelopment
authorities for property leased back by the
United States.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Co
2000
nstruction
Authorization Act for Fiscal Year 2002''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Anniston Army Depot........................ $5,150,000
Fort Rucker................................ $11,400,000
Redstone Arsenal........................... $7,200,000
Alaska.......................................... Fort Richardson............................ $115,000,000
Fort Wainwright............................ $27,200,000
Arizona......................................... Fort Huachuca.............................. $6,100,000
Colorado........................................ Fort Carson................................ $66,000,000
District of Columbia............................ Fort McNair................................ $11,600,000
Georgia......................................... Fort Benning............................... $23,900,000
Fort Gillem................................ $34,600,000
Fort Gordon................................ $34,000,000
Fort Stewart/Hunter Army Air Field......... $39,800,000
Hawaii.......................................... Navy Public Works Center, Pearl Harbor..... $11,800,000
Pohakuloa Training Facility................ $6,600,000
Wheeler Army Air Field..................... $50,000,000
Illinois........................................ Rock Island Arsenal........................ $3,500,000
Kansas.......................................... Fort Riley................................. $10,900,000
Kentucky........................................ Fort Campbell.............................. $88,900,000
Fort Knox.................................. $11,600,000
Louisiana....................................... Fort Polk.................................. $21,200,000
Maryland........................................ Aberdeen Proving Ground.................... $58,300,000
Fort Meade................................. $5,800,000
Missouri........................................ Fort Leonard Wood.......................... $7,850,000
New Jersey...................................... Fort Monmouth.............................. $20,000,000
New Mexico...................................... White Sands Missile Range.................. $7,600,000
New York........................................ Fort Drum.................................. $37,850,000
North Carolina.................................. Fort Bragg................................. $21,300,000
Sunny Point Military Ocean Terminal........ $11,400,000
Oklahoma........................................ Fort Sill.................................. $18,600,000
South Carolina.................................. Fort Jackson............................... $62,000,000
Texas........................................... Fort Hood.................................. $86,200,000
Fort Sam Houston........................... $2,250,000
Virginia........................................ Fort Belvoir............................... $35,950,000
Fort Eustis................................ $34,650,000
Fort Lee................................... $23,900,000
Washington...................................... Fort Lewis................................. $238,200,000
------------------
Total:................................. $1,258,000,000
----------------------------------------------------------------------------------------------------------------
(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 locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Area Support Group, $36,000,000
Bamberg.
Area Support Group, $13,500,000
Darmstadt.
Baumholder............. $9,000,000
Hanau.................. $7,200,000
Heidelberg............. $15,300,000
Mannheim............... $16,000,000
Wiesbaden Air Base..... $26,300,000
Korea.......................... Camp Carroll........... $16,593,000
Camp Casey............. $8,500,000
Camp Hovey............. $35,750,000
Camp Humphreys......... $14,500,000
Camp Jackson........... $6,100,000
Camp Stanley........... $28,000,000
Kwajalein...................... Kwajalein Atoll........ $11,000,000
---------------
Total:............. $243,743,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(3), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installation and location, and in the
amount, set forth in the following table:
Army: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $4,000,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appro
2000
priations in section
2104(a)(6)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State or county Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Wainwright.......... 32 Units..................... $12,000,000
Arizona............................... Fort Huachuca............ 72 Units..................... $10,800,000
Kansas................................ Fort Leavenworth......... 40 Units..................... $20,000,000
Texas................................. Fort Bliss............... 76 Units..................... $13,600,000
Fort Sam Houston......... 80 Units..................... $11,200,000
Korea................................. Camp Humphreys........... 54 Units..................... $12,800,000
---------------
Total:............... ............................. $80,400,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(6)(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 $12,702,000.
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)(6)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $220,750,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2001, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $3,068,303,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,027,300,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $243,743,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2101(c), $4,000,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $18,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $142,198,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $313,852,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,108,991,000.
(7) For the Homeowners Assistance Program, as authorized by
section 2832 of title 10, United States Code, $10,119,000, to
remain available until expended.
(8) For the construction of the Cadet Development Center,
United States Military Academy, West Point, New York,
authorized in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2182), $37,900,000.
(9) For the construction of a Barracks Complex--Tagaytay
Street Phase 2C, Fort Bragg, North Carolina, authorized in
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 824), $17,500,000.
(10) For the construction of a Barracks Complex--Wilson
Street, Phase 1C, Schofield Barracks, Hawaii, authorized in
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2000 (113 Stat. 824), $23,000,000.
(11) For construction of a Basic Combat Training Complex
Phase 2, Fort Leonard Wood, Missouri, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted by
Public Law 106-398); 114 Stat. 1654A-389), $27,000,000.
(12) For the construction of the Battle Simulation Center
Phase 2, Fort Drum, New York, authorized in section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
2001 (114 Stat. 1654A-389), $9,000,000.
(13) For the construction of a Barracks Complex--Bunter
Road Phase 2, Fort Bragg, North Carolina, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (114 Stat. 1654A-389), $49,000,000.
(14) For the construction of a Barracks Complex--Longstreet
Road Phase 2, Fort Bragg, North Carolina, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (114 Stat. 1654A-389), $27,000,000.
(15) For the construction of a Multipurpose Digital
Training Range, Fort Hood, Texas, authorized in section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
2001 (114 Stat. 1654A-389), $13,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a);
(2) $52,000,000 (the balance of the amount authorized under
section 2101(a) for Barracks Complex D Street Phase at Fort
Richardson, Alaska);
(3) $41,000,000 (the balance of the amount authorized under
section 2101(a) for Barracks Complex--Nelson Boulevard (Phase
I) at Fort Carson, Colorado);
(4) $36,000,000 (the balance of the amount authorized under
section 2101(a) for Basic Combat Training Complex (Phase I) at
Fort Jackson, South Carolina); and
(5) $102,000,000 (the balance of the amount authorized
under section 2101(a) for Barracks Complex--17th & B Street
(Phase I) at Fort Lewis, Washington).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (7) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs reduced by
$3,300,000, which represents savings resulting from adjustments to
foreign currency exchange rates for military family housing
construction and military family housing support outside the United
States.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2001 PROJECTS.
(a) Modification.--The table in section 2101(a) of the Military
Construction Authorization Act for Fi
2000
scal Year 2001 (division B of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted by Public Law 106-398); 114 Stat. 1654A-389) is amended--
(1) in the item relating to Fort Leonard Wood, Missouri, by
striking ``$65,400,000'' in the amount column and inserting
``$69,800,000'';
(2) in the item relating to Fort Drum, New York, by
striking ``$18,000,000'' in the amount column and inserting
``$21,000,000'';
(3) in the item relating to Fort Hood, Texas, by striking
``$36,492,000'' in the amount column and inserting
``$39,492,000''; and
(4) by striking the amount identified as the total in the
amount column and inserting ``$626,374,000''.
(b) Conforming Amendments.--Section 2104 of that Act (114 Stat.
1654A-391) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``$1,925,344,000'' and inserting
``$1,935,744,000''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``$22,600,000''
and inserting ``$27,000,000'';
(B) in paragraph (3), by striking ``$10,000,000''
and inserting ``$13,000,000''; and
(C) in paragraph (6), by striking ``$6,000,000''
and inserting ``$9,000,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $22,570,000
Station, Yuma.
California..................... Marine Air-Ground Task $75,125,000
Force Training Center,
Twentynine Palms.
Marine Corps Air $4,470,000
Station, Camp
Pendleton.
Marine Corps Base, Camp $96,490,000
Pendleton.
Naval Air Facility, El $23,520,000
Centro.
Naval Air Station, $10,010,000
Lemoore.
Naval Air Warfare $13,730,000
Center, Point Mugu,
San Nicholas Island.
Naval Amphibious Base, $8,610,000
Coronado.
Naval Construction $12,400,000
Battalion Center, Port
Hueneme.
Naval Construction $3,780,000
Training Center, Port
Hueneme.
Naval Station, San $47,240,000
Diego.
District of Columbia........... Naval Air Facility, $9,810,000
Washington.
Florida........................ Naval Air Station, Key $11,400,000
West.
Naval Air Station, $3,700,000
Pensacola.
Naval Air Station, $2,140,000
Whiting Field, Milton.
Naval Station, Mayport. $16,420,000
Hawaii......................... Marine Corps Base, $24,920,000
Kaneohe.
Naval Magazine, $6,000,000
Lualualei.
Naval Shipyard, Pearl $20,000,000
Harbor.
Naval Station, Pearl $54,700,000
Harbor.
Navy Public Works $16,900,000
Center, Pearl Harbor.
Illinois....................... Naval Training Center, $82,260,000
Great Lakes.
Indiana........................ Naval Surface Warfare $5,820,000
Center, Crane.
Maine.......................... Naval Air Station, $67,395,000
Brunswick.
Naval Shipyard, Kittery- $14,620,000
Portsmouth.
Maryland....................... Naval Air Warfare $2,260,000
Center, Patuxent River.
Naval Explosive $1,250,000
Ordinance Disposal
Technology Center,
Indian Head.
Mississippi.................... Naval Construction $21,660,000
Battalion Center,
Gulfport.
Naval Air Station, $3,370,000
Meridian.
Naval Station, $4,680,000
Pascagoula.
Missouri....................... Marine Corp Support $9,010,000
Activity, Kansas City.
Nevada......................... Naval Air Station, $6,150,000
Fallon.
New Jersey..................... Naval Weapons Station, $4,370,000
Earle.
North Carolina................. Marine Corps Air $4,050,000
Station, New River.
Marine Corps Base, Camp $67,070,000
LeJeune.
Rhode Island................... Naval Station, Newport. $15,290,000
Naval Undersea Warfare $9,370,000
Center, Newport.
South Carolina................. Marine Corps Air $8,020,000
Station, Beaufort.
Marine Corps Recruit $5,430,000
Depot, Parris Island.
Tennessee...................... Naval Support Activity, $3,900,000
Millington.
Texas.......................... Naval Air Station, $6,160,000
Kingsville.
Virginia....................... Marine Corps Air $3,790,000
Facility, Quantico.
Marine Corps Combat $9,390,000
Development Command,
Quantico.
Naval Station, Norfolk. $139,270,000
Washington..................... Naval Air Station, $7,370,000
Whidbey Island.
Naval Station, Everett. $6,820,000
Strategic Weapons $3,900,000
Facility, Bangor.
2000
---------------
Total:............. $996,610,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Greece......................... Naval Support Activity $12,240,000
Joint Headquarters
Command, Larissa.
Naval Support Activity, $3,210,000
Souda Bay.
Guam........................... Naval Station, Guam.... $9,300,000
Navy Public Works $14,800,000
Center, Guam.
Iceland........................ Naval Air Station, $2,820,000
Keflavik.
Italy.......................... Naval Air Station, $3,060,000
Sigonella.
Spain.......................... Naval Station, Rota.... $2,240,000
---------------
Total:............. $47,670,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--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) at the installations,
for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State or country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Marine Corps Air Station, 51 Units..................... $9,017,000
Yuma.
California............................ Marine Air-Ground Task 74 Units..................... $16,250,000
Force Training Center,
Twentynine Palms.
Hawaii................................ Marine Corps Base, 172 Units.................... $55,187,000
Kaneohe.
Naval Station, Pearl 70 Units..................... $16,827,000
Harbor.
Mississippi........................... Naval Construction 160 Units.................... $23,354,000
Battalion Center,
Gulfport.
Italy................................. Naval Air Station, 10 Units..................... $2,403,000
Sigonella.
---------------
Total:................... $123,038,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $6,499,000.
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 $183,054,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2001, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $2,377,634,000, as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $963,370,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $47,670,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $10,546,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $35,752,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $312,591,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $918,095,000.
(6) For replacement of a pier at Naval Station, San Diego,
California, authorized in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2001 (division B
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted by Public Law 106-398); 114 Stat.
1654A-395), $17,500,000.
(7) For replacement of Pier Delta at Naval Station,
Bremerton, Washington, authorized in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2001,
$24,460,000.
(8) For construction of the Commander-in-Chief
Headquarters, Pacific Command, Camp Smith, Hawaii, authorized
in section 2201(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 828), $37,580,000.
(9) For construction of an Advanced Systems Integration
Facility, phase 6, at Naval Air Warfare Center, Patuxent River,
Maryland, authorized in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 1993 (division B
of Public Law 102-484; 106 Stat. 2590), $10,770,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $33,240,000 (the balance of the amount authorized under
section 2201(a) for Pier Replacement (Increment I), Naval
Station, Norfolk, Virginia).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (5) of subsection (a) is the sum of
the amounts authorized to be appr
2000
opriated in such paragraphs reduced by
$700,000, which represents savings resulting from adjustments to
foreign currency exchange rates for military family housing
construction and military family housing support outside the United
States.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2001 PROJECTS.
The table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398); 114 Stat. 1654A-395) is amended--
(1) in the item relating to Naval Shipyard, Bremerton,
Puget Sound, Washington, by striking ``$100,740,000'' in the
amount column and inserting ``$98,740,000'';
(2) in the item relating to Naval Station, Bremerton,
Washington, by striking ``$11,930,000'' in the amount column
and inserting ``$1,930,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$799,497,000''.
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2000
PROJECT.
(a) Modification.--The table in section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 828) is amended--
(1) in the item relating to Camp Smith, Hawaii, by striking
``$86,050,000'' in the amount column and inserting
``$89,050,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$820,230,000''.
(b) Conforming Amendment.--Section 2204(b)(3) of that Act (113
Stat. 831) is amended by striking ``$70,180,000'' and inserting
``$73,180,000''.
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 and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $34,400,000
Alaska......................... Eareckson Air Force $4,600,000
Base.
Elmendorf Air Force $32,200,000
Base.
Arizona........................ Davis-Monthan Air Force $17,300,000
Base.
Arkansas....................... Little Rock Air Force $18,100,000
Base.
California..................... Edwards Air Force Base. $16,300,000
Los Angeles Air Force $23,000,000
Base.
Travis Air Force Base.. $16,400,000
Vandenberg Air Force $11,800,000
Base.
Colorado....................... Buckley Air Force Base. $23,200,000
Schriever Air Force $19,000,000
Base.
United States Air Force $25,500,000
Academy.
Delaware....................... Dover Air Force Base... $7,300,000
District of Columbia........... Bolling Air Force Base. $2,900,000
Florida........................ Cape Canaveral Air $7,800,000
Force Station.
Eglin Air Force Base... $11,400,000
Hurlburt Field......... $10,400,000
MacDill Air Force Base. $10,000,000
Tyndall Air Force Base. $15,050,000
Georgia........................ Moody Air Force Base... $8,600,000
Robins Air Force Base.. $14,650,000
Idaho.......................... Mountain Home Air Force $14,600,000
Base.
Louisiana...................... Barksdale Air Force $5,000,000
Base.
Maryland....................... Andrews Air Force Base. $19,420,000
Massachusetts.................. Hanscom Air Force Base. $9,400,000
Mississippi.................... Columbus Air Force Base $5,000,000
Keesler Air Force Base. $28,600,000
Montana........................ Malmstrom Air Force $4,650,000
Base.
Nebraska....................... Offet Air Force Base... $10,400,000
Nevada......................... Nellis Air Force Base.. $31,600,000
New Jersey..................... McGuire Air Force Base. $36,550,000
New Mexico..................... Cannon Air Force Base.. $9,400,000
Kirtland Air Force Base $15,500,000
North Carolina................. Pope Air Force Base.... $17,800,000
North Dakota................... Grand Forks Air Force $7,800,000
Base.
Ohio........................... Wright-Patterson Air $24,850,000
Force Base.
Oklahoma....................... Altus Air Force Base... $20,200,000
Tinker Air Force Base.. $21,400,000
Vance Air Force Base... $4,800,000
South Carolina................. Shaw Air Force Base.... $5,800,000
South Dakota................... Ellsworth Air Force $12,000,000
Base.
Tennessee...................... Arnold Air Force Base.. $24,400,000
Texas.......................... Lackland Air Force Base $12,800,000
Laughlin Air Force Base $12,000,000
Sheppard Air Force Base $37,000,000
Utah........................... Hill Air Force Base.... $14,000,000
Virginia....................... Langley Air Force Base. $47,300,000
Washington..................... Fairchild Air Force $2,800,000
Base.
McChord Air Force Base. $20,700,000
Wyoming........................ F.E. Warren Air Force $10,200,000
Base.
---------------
Total:............. $811,370,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Force Base $42,900,000
Spangdahlem Air Base... $8,700,000
Guam........................... Andersen Air Force Base $10,150,000
Italy.......................... Aviano Air Base........ $11,800,000
Korea.
2000
......................... Kunsan Air Base........ $12,000,000
Osan Air Base.......... $101,142,000
Turkey......................... Eskisehir.............. $4,000,000
United Kingdom................. Royal Air Force, $11,300,000
Lakenheath.
Royal Air Force, $22,400,000
Mildenhall.
Wake Island.................... Wake Island............ $25,000,000
---------------
Total:............. $249,392,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(3), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installation and location and in
the amount, set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide.......... Classified Location.... $4,458,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Luke Air Force Base...... 120 Units.................... $15,712,000
California............................ Travis Air Force Base.... 118 Units.................... $18,150,000
Colorado.............................. Buckley Air Force Base... 55 Units..................... $11,400,000
Delaware.............................. Dover Air Force Base..... 120 Units.................... $18,145,000
District of Columbia.................. Bolling Air Force Base... 136 Units.................... $16,926,000
Hawaii................................ Hickam Air Force Base.... 102 Units.................... $25,037,000
Louisiana............................. Barksdale Air Force Base. 56 Units..................... $7,300,000
South Dakota.......................... Ellsworth Air Force Base. 78 Units..................... $13,700,000
Virginia.............................. Langley Air Force Base... 4 Units...................... $1,200,000
Portugal.............................. Lajes Field, Azores...... 64 Units..................... $13,230,000
---------------
Total:................... $140,800,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(6)(A), the
Secretary of the Air Force may carry out 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 $24,558,000.
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)(6)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$375,379,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2001, for military
construction, land acquisition, and military family housing functions
of the Department of the Air Force in the total amount of
$2,579,791,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $816,070,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $249,392,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2301(c), $4,458,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $11,250,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $90,419,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $542,381,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $869,121,000.
(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 total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (6) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs reduced by
$3,300,000, which represents savings resulting from adjustments to
foreign currency exchange rates for military family housing
construction and military family housing support outside the United
States.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2001 PROJECT.
The table in section 2302(a) of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398); 114 Stat. 1654A-400) is amended in the
item relating to Mountain Home Air Force Base, Idaho, by striking ``119
Units'' in the purpose column and inserting ``46 Units''.
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 and locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Laurel Bay, South $12,850,000
2000
Carolina..............
Marine Corps Base, Camp $8,857,000
LeJeune, North
Carolina..............
Defense Logistics Agency....... Defense Distribution $30,000,000
Depot Tracy,
California............
Defense Distribution $19,900,000
Depot, Susquehanna,
New Cumberland,
Pennsylvania..........
Eielson Air Force Base, $8,800,000
Alaska................
Fort Belvoir, Virginia. $900,000
Grand Forks Air Force $9,110,000
Base, North Dakota....
Hickam Air Force Base, $29,200,000
Hawaii................
McGuire Air Force Base, $4,400,000
New Jersey............
Minot Air Force Base, $14,000,000
North Dakota..........
Philadelphia, $2,429,000
Pennsylvania..........
Pope Air Force Base, $3,400,000
North Carolina........
Special Operations Command..... Aberdeen Proving $3,200,000
Ground, Maryland......
Fort Benning, Georgia.. $5,100,000
Fort Bragg, North $33,562,000
Carolina..............
Fort Lewis, Washington. $6,900,000
Hurlburt Field, Florida $13,400,000
MacDill Air Force Base, $12,000,000
Florida...............
Naval Station, San $13,650,000
Diego, California.....
CONUS Classified....... $2,400,000
TRICARE Management Activity.... Andrews Air Force Base, $10,250,000
Maryland..............
Dyess Air Force Base, $3,300,000
Texas.................
F.E. Warren Air Force $2,700,000
Base, Wyoming.........
Fort Hood, Texas....... $12,200,000
Fort Stewart/Hunter $11,000,000
Army Air Field,
Georgia...............
Holloman Air Force $5,700,000
Base, New Mexico......
Hurlburt Field, Florida $8,800,000
Marine Corps Base, Camp $15,300,000
Pendleton, California.
Marine Corps Logistics $5,800,000
Base, Albany, Georgia.
Naval Air Station, $6,600,000
Whidbey Island,
Washington............
Naval Hospital, $1,600,000
Twentynine Palms,
California............
Naval Station, Mayport, $24,000,000
Florida...............
Naval Station, Norfolk, $21,000,000
Virginia..............
Schriever Air Force $4,000,000
Base, Colorado........
Washington Headquarters Pentagon Reservation, $25,000,000
Services. Virginia..............
---------------
Total:............. $391,308,000
------------------------------------------------------------------------
(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 and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity..... Aviano Air Base, Italy. $3,647,000
Geilenkirchen, Germany. $1,733,000
Heidelberg, Germany.... $3,312,000
Kaiserslautern, Germany $1,439,000
Kitzingen, Germany..... $1,394,000
Landstuhl, Germany..... $1,444,000
Ramstein Air Base, $2,814,000
Germany...............
Royal Air Force, $22,132,000
Feltwell, United
Kingdom...............
Vogelweh Annex, Germany $1,558,000
Wiesbaden Air Base, $1,378,000
Germany...............
Wuerzburg, Germany..... $2,684,000
Defense Logistics Agency....... Andersen Air Force $20,000,000
Base, Guam............
Camp Casey, Korea...... $5,500,000
Naval Station, Rota, $3,000,000
Spain.................
Yokota Air Base, Japan. $13,000,000
Office of Secretary of Defense. Comalapa Air Base, El $12,577,000
Salvador..............
TRICARE Management Activity.... Heidelberg, Germany.... $28,000,000
Lajes Field, Azores, $3,750,000
Portugal..............
Thule, Greenland....... $10,800,000
---------------
Total:............. $140,162,000
------------------------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(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 $35,600,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2001, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments), in
the total amount of $1,492,956,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $391,308,000.
2000
(2) For military construction projects outside the United
States authorized by section 2401(b), $140,162,000.
(3) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $24,492,000.
(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, $87,382,000.
(6) For energy conservation projects authorized by section
2402 of this Act, $35,600,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $592,200,000.
(8) For military family housing functions:
(A) For improvement of military family housing and
facilities, $250,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $43,762,000 of which not more
than $37,298,000 may be obligated or expended for the
leasing of military family housing units worldwide.
(C) For credit to the Department of Defense Family
Housing Improvement Fund established by section
2883(a)(1) of title 10, United States Code, $2,000,000.
(9) For construction of the Ammunition Demilitarization
Facility Phase 6, Pine Bluff Arsenal, Arkansas, authorized in
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 1995 (division B of Public Law 103-337; 108
Stat. 3040), as amended by section 2407 of the Military
Construction Authorization Act for Fiscal Year 1996 (division B
of Public Law 104-106; 110 Stat. 538), section 2408 of the
Military Construction Authorization Act for Fiscal Year 1998
(division B of Public Law 105-85; 111 Stat. 1982), section 2406
of the Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105-261; 112 Stat. 2197), and
section 2408 of this Act, $26,000,000.
(10) For construction of the Ammunition Demilitarization
Facility Phase 3, Pueblo Army Depot, Colorado, authorized in
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104-201; 110
Stat. 2775), as amended by section 2406 of the Military
Construction Authorization Act for Fiscal Year 2000 (division B
of Public Law 106-65; 113 Stat. 839), $11,000,000.
(11) For construction of the Ammunition Demilitarization
Facility Phase 4, Newport Army Depot, Indiana, authorized in
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 1999 (division B of Public Law 105-261; 112
Stat. 2193), $66,000,000.
(12) For construction of the Ammunition Demilitarization
Facility phase 4, Aberdeen Proving Ground, Maryland, authorized
in section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 1999 (112 Stat. 2193), as amended by
section 2407 of this Act, $66,500,000.
(13) For construction of the Ammunition Demilitarization
Facility Phase 2, Blue Grass Army Depot, Kentucky, authorized
in section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 835), as amended by section 2406 of this Act, $3,000,000.
(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 2401 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (8) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs reduced by
$1,700,000, which represents savings resulting from adjustments to
foreign currency exchange rates for military family housing
construction and military family housing support outside the United
States.
SEC. 2404. CANCELLATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2001 PROJECTS.
(a) Cancellation of Projects at Camp Pendleton, California.--(1)
The table in section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 2001 (division B of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted by Public
Law 106-398); 114 Stat. 1654A-402) is amended--
(A) by striking the item relating to Marine Corps Base,
Camp Pendleton, California, under the heading TRICARE
Management Activity; and
(B) by striking the amount identified as the total in the
amount column and inserting ``$242,756,000''.
(2) Of the amount authorized to be appropriated by section 2403(a)
of that Act (114 Stat. 1654A-404), and paragraph (1) of that section,
$14,150,000 shall be available for purposes relating to construction of
the Portsmouth Naval Hospital, Virginia, as authorized by section
2401(a) of the Military Construction Authorization Act for Fiscal Years
1990 and 1991 (division B of Public Law 101-189). Such amount is the
amount authorized to be appropriated by section 2403(a) of the Military
Construction Authorization Act for Fiscal Year 2001 for purposes
authorized in section 2401(a) of that Act relating to Marine Corps
Base, Camp Pendleton, California.
(b) Conforming Amendments.--Section 2403(a) of that Act is
amended--
(1) in the matter preceding paragraph (1), by striking
``$1,883,902,000'' and inserting ``$1,828,902,000''; and
(2) in paragraph (3), by striking ``$85,095,000'' and
inserting ``$30,095,000''.
SEC. 2405. CANCELLATION OF AUTHORITY TO CARRY OUT ADDITIONAL FISCAL
YEAR 2001 PROJECT.
(a) Cancellation of Authority.--Section 2401(c) the Military
Construction Authorization Act for Fiscal Year 2001 (division B of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted by Public Law 106-398); 114 Stat. 1654A-404) is amended by
striking ``$451,135,000'' and inserting ``$30,095,000''.
(b) Conforming Amendments.--Section 2403 of that Act is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``$1,883,902,000'' and inserting
``$1,828,902,000''; and
(B) in paragraph (3), by striking ``$85,095,000''
and inserting ``$30,095,000''; and
(2) in subsection (b), by striking ``may not exceed--'' and
all that follows through the end of the subsection and
inserting ``may not exceed the total amount authorized to be
appropriated under paragraphs (1) and (2) of subsection (a).''.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2000 PROJECTS.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 2000 (division B of
Public Law 106-65; 113 Stat. 835) is amended--
(1) in the item under the heading Chemical Demilitarization
relating to Blue Grass Army Depot, Kentucky, by striking
``$206,800,000'' and inserting ``$254,030,000'';
(2) under the heading relating to TRICARE Management
Agency--
(A) in the item relating to Fort
2000
Wainwright,
Alaska, by striking ``$133,000,000'' and inserting
``$215,000,000''; and
(B) by striking the item relating to Naval Air
Station, Whidbey Island, Washington; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$711,950,000''.
(b) Conforming Amendments.--Section 2405(b) of that Act (113 Stat.
839) is amended--
(1) in paragraph (2), by striking ``$115,000,000'' and
inserting ``$197,000,000''; and
(2) in paragraph (3), by striking ``$184,000,000'' and
inserting ``$231,230,000''.
(c) Treatment of Authorization of Appropriations for Canceled
Project.--Of the amount authorized to be appropriated by section
2405(a) of that Act (113 Stat. 837), and paragraph (1) of that section,
$4,700,000 shall be available for purposes relating to construction of
the Portsmouth Naval Hospital, Virginia, as authorized by section
2401(a) of the Military Construction Authorization Act for Fiscal Years
1990 and 1991 (division B of Public Law 101-189). Such amount is the
amount authorized to be appropriated by section 2405(a) of the Military
Construction Authorization Act for Fiscal Year 2000 for purposes
authorized in section 2401(a) of that Act relating to Naval Air
Station, Whidbey Island, Washington.
SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1999 PROJECT.
(a) Modification.--The table in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2193) is amended--
(1) in the item under the agency heading Chemical
Demilitarization relating to Aberdeen Proving Ground, Maryland,
by striking ``$186,350,000'' in the amount column and inserting
``$223,950,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$727,616,000''.
(b) Conforming Amendment.--Section 2404(b)(3) of that Act (112
Stat. 2196) is amended by striking ``$158,000,000'' and inserting
``$195,600,000''.
SEC. 2408. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1995 PROJECT.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public Law 103-
337; 108 Stat. 3040), as amended by section 2407 of the Military
Construction Authorization Act for Fiscal Year 1996 (division B of
Public Law 104-106; 110 Stat. 539), section 2408 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B of
Public Law 105-85; 111 Stat. 1982), and section 2406 of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2197), is further amended under the
agency heading relating to Chemical Weapons and Munitions Destruction
in the item relating to Pine Bluff Arsenal, Arkansas, by striking
``$154,400,000'' in the amount column and inserting ``$177,400,000''.
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, 2001, 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 $162,600,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 2001, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 1803
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $365,240,000; and
(B) for the Army Reserve, $111,404,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $33,641,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $227,232,000; and
(B) for the Air Force Reserve, $53,732,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2004; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2005.
(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, 2004; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2005 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 1999
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2199), authorizations set forth in the
tables in subsection (b), as provided in section 2302 or 2601 of that
Act, shall remain in effect until October 1, 2002, or the date of the
enactment of an Act authorizing funds for military construction for
fiscal year 2003, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Air Force: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware.............................. Dover Air Force Base..... Replace Family Housing (55 $8,998,000
units).
Florida............................... Patrick Air Force Base... Replace Family Housing (46 $9,692,000
2000
units).
New Mexico............................ Kirtland Air Force Base.. Replace Family Housing (37 $6,400,000
units).
Ohio.................................. Wright-Patterson Air Replace Family Housing (40 $5,600,000
Force Base. units).
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1999 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts......................... Westfield................ Army Aviation Support $9,274,000
Facility.
South Carolina........................ Spartanburg.............. Readiness Center............. $5,260,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1998
PROJECTS.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B of
Public Law 105-85; 111 Stat. 1984), authorizations set forth in the
tables in subsection (b), as provided in section 2102, 2202, or 2302 of
that Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2001 (division B of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted by Public Law 106-398; 114 Stat. 1654A-408)), shall remain in
effect until October 1, 2002, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2003,
whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 1998 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland.............................. Fort Meade............... Family Housing Construction $7,900,000
(56 units).
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1998 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Naval Complex, San Diego. Replacement Family Housing $13,500,000
Construction (94 units).
California............................ Marine Corps Air Station, Family Housing Construction $28,881,000
Miramar. (166 units).
Louisiana............................. Naval Complex, New Replacement Family Housing $11,930,000
Orleans. Construction (100 units).
Texas................................. Naval Air Station, Corpus Family Housing Construction $22,250,000
Christi. (212 units).
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1998 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
New Mexico............................ Kirtland Air Force Base.. Replace Family Housing (180 $20,900,000
units).
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 2001; 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 CERTAIN UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.
(a) Projects Requiring Advance Approval of Secretary Concerned.--
Subsection (b)(1) of section 2805 of title 10, United States Code,
amended by striking ``$500,000'' and inserting ``$750,000''.
(b) Projects Using Amounts for Operation and Maintenance.--
Subsection (c)(1) of that section is amended--
(1) in subparagraph (A), by striking ``$1,000,000'' and
inserting ``$1,500,000''; and
(2) in subparagraph (B), by striking ``$500,000'' and
inserting ``$750,000''.
SEC. 2802. UNFORESEEN ENVIRONMENTAL HAZARD REMEDIATION AS BASIS FOR
AUTHORIZED COST VARIATIONS FOR MILITARY CONSTRUCTION AND
FAMILY HOUSING CONSTRUCTION PROJECTS.
Subsection (d) of section 2853 of title 10, United States Code, is
amended to read as follows:
``(d) The limitation on cost increases in subsection (a) does not
apply to the following:
``(1) The settlement of a contractor claim under a
contract.
``(2) The cost of any environmental hazard remediation
required by law, including asbestos removal, radon abatement,
and lead-based paint removal or abatement, if such remediation
could not have reasonably been anticipated at the time the
project was approved originally by Congress.''.
SEC. 2803. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS TO CONGRESS ON
MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
ACTIVITIES.
(a) Repeal.--Section 2861 of title 10, United States Code is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter III of chapter 169 of such title is amended by striking the
item relating to section 2861.
SEC. 2804. AUTHORITY AVAILABLE FOR LEASE OF PROPERTY AND FACILITIES
UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) Lease Authorities Available.--Section 2878 of title 10, United
States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Lease Authorities Available.--(1) The Secretary concerned may
use any authority or combination of authorities available under section
2667 of this title in leasing property or facilities under this section
to the extent such property or facilities, as the case may be, are
described by subsection (a)(1) of such section 2667.
``(2) The limitation in subsection (b)(1) of section 2667 of this
title shall not apply with respect to a lease of property or facilities
under
2000
this section.''.
(b) Conforming Amendment.--Subsection (e) of that section, as
redesignated by subsection (a) of this section, is further amended--
(1) by striking paragraph (1); and
(2) by redesignated paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively.
(c) Technical Amendment.--Paragraph (3) of subsection (e) of that
section, as redesignated by this section, is further amended by
striking ``Stewart B. McKinney Homeless Assistance Act'' and inserting
``McKinney-Vento Homeless Assistance Act''.
SEC. 2805. FUNDS FOR HOUSING ALLOWANCES OF MEMBERS ASSIGNED TO MILITARY
FAMILY HOUSING UNDER ALTERNATIVE AUTHORITY FOR
ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10, United
States Code, is amended by inserting after section 2883 the following
new section:
``Sec. 2883a. Funds for housing allowances of members of the armed
forces assigned to certain military family housing units
``To the extent provided in advance in appropriations Acts, the
Secretary of Defense may, during the fiscal year in which a contract is
awarded for the acquisition or construction of military family housing
units under this subchapter that are not to be owned by the United
States, transfer from appropriations available for support of military
housing for the armed force concerned for that fiscal year to
appropriations available for pay and allowances of military personnel
of that armed force for that fiscal year amounts equal to any
additional amounts payable during that fiscal year to members of that
armed force assigned to such housing units as basic allowance for
housing under section 403 of title 37 that would not otherwise have
been payable to such members if not for assignment to such housing
units.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that subchapter is amended by inserting after the item relating to
section 2883 the following new item:
``2883a. Funds for housing allowances of members of the armed forces
assigned to certain military family housing
units.''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. AVAILABILITY OF PROCEEDS OF SALES OF DEPARTMENT OF DEFENSE
PROPERTY FROM CLOSED MILITARY INSTALLATIONS.
Section 204(h)(2) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 485(h)(2)) is amended by striking
subparagraphs (A) and (B) and inserting the following new
subparagraphs:
``(A) In the case of property located at a military
installation that is closed, such amount shall be available for
facility maintenance and repair or environmental restoration by
the military department that had jurisdiction over such
property before the closure of the military installation.
``(B) In the case of property located at any other military
installation--
``(i) 50 percent of such amount shall be available
for facility maintenance and repair or environmental
restoration at the military installation where such
property was located before it was disposed of or
transferred; and
``(ii) 50 percent of such amount shall be available
for facility maintenance and repair and for
environmental restoration by the military department
that had jurisdiction over such property before it was
disposed of or transferred.''.
SEC. 2812. PILOT EFFICIENT FACILITIES INITIATIVE.
(a) Initiative Authorized.--The Secretary of Defense may carry out
a pilot program for purposes of determining the potential for
increasing the efficiency and effectiveness of the operation of
military installations. The pilot program shall be known as the ``Pilot
Efficient Facilities Initiative'' (in this section referred to as the
``Initiative'').
(b) Designation of Participating Facilities.--(1) The Secretary may
designate up to two installations of each military department for
participation in the Initiative.
(2) The Secretary shall transmit to the Committees on Armed
Services of the Senate and the House of Representatives a written
notification of each installation proposed to be included in the
Initiative not less than 30 days before taking any action to carry out
the Initiative at such installation.
(3) The Secretary shall include in the notification regarding an
installation designated for participation in the Initiative a
management plan for the Initiative at the installation. Each management
plan for an installation shall include the following:
(A) A description of--
(i) each proposed lease of real or personal
property located at the installation;
(ii) each proposed disposal of real or personal
property located at the installation;
(iii) each proposed leaseback of real or personal
property leased or disposed of at the installation;
(iv) each proposed conversion of services at the
installation from Federal Government performance to
non-Federal Government performance, including
performance by contract with a State or local
government or private entity or performance as
consideration for the lease or disposal of property at
the installation; and
(v) each other action proposed to be taken to
improve mission effectiveness and reduce the cost of
providing quality installation support at the
installation.
(B) With respect to each proposed action described under
subparagraph (A)--
(i) an estimate of the savings expected to be
achieved as a result of the action;
(ii) each regulation not required by statute that
is proposed to be waived to implement the action; and
(iii) each statute or regulation required by
statute that is proposed to be waived to implement the
action, including--
(I) an explanation of the reasons for the
proposed waiver; and
(II) a description of the action to be
taken to protect the public interests served by
the statute or regulation, as the case may be,
proposed to be waived in the event of the
waiver.
(C) A description of the steps taken by the Secretary to
consult with employees at the facility, and communities in the
vicinity of the facility, regarding the Initiative at the
installation.
(D) Measurable criteria for the evaluation of the effects
of the actions to be taken pursuant to the Initiative at the
installation.
(c) Waiver of Statutory Requirements.--The Secretary of Defense may
waive any statute or regulation required by statute for purposes of
carrying out the Initiative only if specific authority for the waiver
of such statute or regulation is provided in an Act that is enacted
after the date of the enactment of this Act.
(d) Installation Efficiency Project Fund.--(1) There is established
on the books of the Treasury a fund to be known as the ``Installation
Efficiency Project Fund'' (in this subsection referred to as the
``Fund'').
(2) There shall be deposited in the Fund all cash rents, payments,
reimbursements, proceeds and other amounts from leases, sales, or other
conveyances or transfers, joint activities, and other actions taken
under the Initiative.
(3) To the extent provided in advance in authorization Acts and
appropriation
2000
s Acts, amounts in the Fund shall be available to the
Secretary concerned for purposes of managing capital assets and
providing support services at installations participating in the
Initiative. Amounts in the Fund may be used for such purposes in
addition to, or in combination with, other amounts authorized to
appropriated for such purposes. Amounts in the Fund shall be available
for such purposes for five years.
(4) Subject to applicable financial management regulations, the
Secretary of Defense shall structure the Fund, and provide
administrative policies and procedures, in order provide proper control
of deposits in and disbursements from the Fund.
(e) Termination.--The authority of the Secretary to carry out the
Initiative shall terminate four years after the date of the enactment
of this Act.
(f) Report.--Not later than three years after the date of the
enactment of this Act, the Secretary shall submit to the committees of
Congress referred to in subsection (b)(2) a report on the Initiative.
The report shall contain a description of the actions taken under the
Initiative and include such other information, including
recommendations, as the Secretary considers appropriate in light of the
Initiative.
SEC. 2813. DEMONSTRATION PROGRAM ON REDUCTION IN LONG-TERM FACILITY
MAINTENANCE COSTS.
(a) Authority To Carry Out Program.--Subject to the provisions of
this section, the Secretary of the Army may conduct a demonstration
program to assess the feasibility and desirability of including
facility maintenance requirements in construction contracts for
military construction projects. The purpose of the demonstration
program is to determine whether or not such requirements facilitate
reductions in the long-term facility maintenance costs of the military
departments.
(b) Contracts.--(1) The demonstration program shall cover contracts
entered into on or after the date of the enactment of this Act.
(2) Not more than three contracts entered into in any year may
contain requirements referred to in subsection (a) for the purpose of
the demonstration program.
(c) Effective Period of Requirements.--The effective period of a
requirement referred to in subsection (a) that is included in a
contract for the purpose of the demonstration program shall be any
period elected by the Secretary not in excess of five years.
(d) Reports.--(1) Not later than January 31, 2003, and annually
thereafter until the year following the cessation of effectiveness of
any requirements referred to in subsection (a) in contracts under the
demonstration program, the Secretary shall submit to the congressional
defense committees a report on the demonstration program.
(2) Each report under paragraph (1) shall include, for the year
covered by such report, the following:
(A) A description of the contracts entered into during the
year that contain requirements referred to in subsection (a)
for the purpose of the demonstration program.
(B) The experience of the Secretary during the year with
respect to any contracts containing requirements referred to in
subsection (a) for the purpose of the demonstration program
that were in force during the year.
(3) The final report under this subsection shall include, in
addition to the matters required under paragraph (2), an evaluation of
the demonstration program and any recommendations, including
recommendations for the termination, continuation, or expansion of the
demonstration program, that the Secretary considers appropriate.
(e) Expiration.--The authority under subsection (a) to include
requirements referred to in that subsection in contracts under the
demonstration program shall expire on September 30, 2006.
(f) Funding.--Amounts authorized to be appropriated for the Army
for a fiscal year for military construction shall be available for the
demonstration program under this section in such fiscal year.
Subtitle C--Land Conveyances
SEC. 2821. LAND CONVEYANCE, ENGINEER PROVING GROUND, FORT BELVOIR,
VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Commonwealth of Virginia (in this section referred to as the
``Commonwealth'') all right, title, and interest of United States in
and to two parcels of real property, including any improvements
thereon, located at the Engineer Proving Ground, Fort Belvoir,
Virginia, as follows:
(1) The parcel, consisting of approximately 170 acres, that
is to be used for a portion of the Fairfax County Parkway,
including for construction of that portion of the parkway.
(2) The parcel, consisting of approximately 11.45 acres,
that is subject to an easement previously granted to the
Commonwealth as Army easement DACA 31-3-96-440 for the
construction of a portion of Interstate Highway 95.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the Commonwealth shall--
(1) design and construct, at its expense and for public
benefit, the portion of the Fairfax County Parkway through the
Engineer Proving Ground;
(2) provide a conceptual design for eventual incorporation
and construction by others of access into the Engineer Proving
Ground at the Rolling Road Interchange from Fairfax County
Parkway as specified in Virginia Department of Transportation
Project #R000-029-249, C514;
(3) provide such easements or rights of way for utilities
under or across the Fairfax County Parkway as the Secretary
considers appropriate for the optimum development of the
Engineer Proving Ground; and
(4) pay the United States an amount, jointly determined by
the Secretary and the Commonwealth, appropriate to cover the
costs of constructing a replacement building for Building 5089
located on the Engineer Proving Ground.
(c) Responsibility for Environmental Cleanup.--The Secretary shall
retain liability under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and
any other applicable environmental statute or regulation, for any
environmental hazard on the property conveyed under subsection (a) as
of the date of the conveyance under that subsection.
(d) Acceptance and Disposition of Funds.--(1) The Secretary of the
Army may accept the funds paid by the Commonwealth as consideration
under subsection (b)(4) and shall credit the accepted funds to the
appropriation or appropriations that are appropriate for paying the
costs of the replacement of Building 5089, located on the Engineer
Proving Ground, Fort Belvoir, Virginia, consistent with paragraphs (2)
and (3) of this subsection.
(2) Funds accepted under paragraph (1) shall be available, until
expended, for the replacement of Building 5089.
(3) Funds appropriated pursuant to the authorization of
appropriations in section 301(1), and funds appropriated pursuant to
the authorization of appropriations in section 2104(a)(4), shall be
available in accordance with section 2805 of title 10, United States
Code, for the excess, if any, of the cost of the replacement of
Building 5089 over the amount available for such project under
paragraph (2).
(e) Description of Property.--(1) The exact acreage and legal
description of the real property to be conveyed under subsection (a)(1)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Commonwealth.
(2) The exact acreage and legal description of the real property to
be conveyed under subsection (a)(2) are as set forth in Army easement
DACA 31-3-96-440.
(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. 282
2000
2. MODIFICATION OF AUTHORITY FOR CONVEYANCE OF NAVAL COMPUTER
AND TELECOMMUNICATIONS STATION, CUTLER, MAINE.
Section 2853(a) of the Military Construction Authorization Act for
Fiscal Year 2001 (division B of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106-
398); 114 Stat. 1654A-430) is amended by inserting ``any or'' before
``all right''.
SEC. 2823. LAND TRANSFER AND CONVEYANCE, NAVAL SECURITY GROUP ACTIVITY,
WINTER HARBOR, MAINE.
(a) Transfer of Administrative Jurisdiction.--(1) The Secretary of
the Navy may transfer to the Secretary of the Interior administrative
jurisdiction of a parcel of real property, including any improvements
thereon and appurtenances thereto, consisting of approximately 26 acres
as generally depicted as Tract 15-116 on the map entitled ``Acadia
National Park Schoodic Point Area'', numbered 123/80,418 and dated May
2001. The map shall be on file and available for inspection in the
appropriate offices of the National Park Service.
(2) The transfer authorized by this subsection shall occur, if at
all, concurrently with the reversion of administrative jurisdiction of
a parcel of real property consisting of approximately 71 acres, as
depicted as Tract 15-115 on the map referred to in paragraph (1), from
the Secretary of the Navy to the Secretary of the Interior as
authorized by Public Law 80-260 (61 Stat. 519) and to be executed on or
about June 30, 2002.
(b) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the State of Maine, any political subdivision
of the State of Maine, or any tax-supported agency in the State of
Maine, all right, title, and interest of the United States in and to
any of the parcels of real property, including any improvements thereon
and appurtenances thereto, consisting of approximately 485 acres and
comprising the former facilities of the Naval Security Group Activity,
Winter Harbor, Maine, located in Hancock County, Maine, less the real
property described in subsection (a)(1), for the purpose of economic
redevelopment.
(c) Transfer of Personal Property.--The Secretary of the Navy may
transfer, without consideration, to the Secretary of the Interior in
the case of the real property transferred under subsection (a), or to
any recipient of such real property in the case of real property
conveyed under subsection (b), any or all personal property associated
with such real property so transferred or conveyed, including any
personal property required to continue the maintenance of the
infrastructure of such real property (including the generators for an
uninterrupted power supply in building 154 at the Corea site).
(d) Maintenance of Property Pending Conveyance.--(1) The Secretary
of the Navy shall maintain any real property, including any
improvements thereon, appurtenances thereto, and supporting
infrastructure, to be conveyed under subsection (b) in accordance with
the protection and maintenance standards specified in section 101-
47.4913 of title 41, Code of Federal Regulations, until the earlier
of--
(A) the date of the conveyance of such real property under
subsection (b); or
(B) September 30, 2003.
(2) The requirement in paragraph (1) shall not be construed as
authority to improve the real property, improvements, and
infrastructure referred to in that paragraph so as to bring such real
property, improvements, or infrastructure into compliance with any
zoning or property maintenance codes or to repair any damage to such
improvements and infrastructure through an Act of God.
(e) Interim Lease.--(1) Until such time as any parcel of real
property to be conveyed under subsection (b) is conveyed by deed under
that subsection, the Secretary of the Navy may lease such parcel to any
person or entity determined by the Secretary to be an appropriate
lessee of such parcel.
(2) The amount of rent for a lease under paragraph (1) shall be the
amount determined by the Secretary to be appropriate, and may be an
amount less than the fair market value of the lease.
(3) Notwithstanding any other provision of law, the Secretary shall
credit any amount received for a lease of real property under paragraph
(1) to the appropriation or account providing funds for the operation
and maintenance of such property or for the procurement of utility
services for such property. Amounts so credited shall be merged with
funds in the appropriation or account to which credited, and shall be
available for the same purposes, and subject to the same conditions and
limitations, as the funds with which merged.
(f) Reimbursement for Environmental and Other Assessments.--(1) The
Secretary of the Navy may require each recipient of real property
conveyed under subsection (b) to reimburse the Secretary for the costs
incurred by the Secretary for any environmental assessment, study, or
analysis carried out by the Secretary with respect to such property
before completing the conveyance under that subsection.
(2) The amount of any reimbursement required under paragraph (1)
shall be determined by the Secretary, but may not exceed the cost of
the assessment, study, or analysis for which reimbursement is required.
(3) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(g) Description of Property.--The exact acreage and legal
description of the real property transferred under subsection (a), and
each parcel of real property conveyed under subsection (b), shall be
determined by a survey satisfactory to the Secretary of the Navy. The
cost of any survey under the preceding sentence for real property
conveyed under subsection (b) shall be borne by the recipient of the
real property.
(h) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with any
conveyance under subsection (b), and any lease under subsection (e), as
the Secretary considers appropriate to protect the interests of the
United States.
SEC. 2824. CONVEYANCE OF SEGMENT OF LORING PETROLEUM PIPELINE, MAINE,
AND RELATED EASEMENTS.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Loring Development Authority,
Maine (in this section referred to as the ``Authority''), all right,
title, and interest of the United States in and to the segment of the
Loring Petroleum (POL) Pipeline, Maine, consisting of approximately 27
miles in length and running between the Searsport terminal and Bangor
Air National Guard Base.
(b) Related Easements.--As part of the conveyance authorized by
subsection (a), the Secretary may convey to the Authority, without
consideration, all right, title, and interest of the United States in
and to any easements or rights-of-way necessary for the operation or
maintenance of the segment of pipeline conveyed under that subsection.
(c) Reimbursement for Costs of Conveyance.--(1) The Authority shall
reimburse the Secretary for the costs incurred by the Secretary for any
environmental assessment, study, or analysis, or for any other expense
incurred by the Secretary, for a conveyance authorized by this section.
(2) The amount of the reimbursement under paragraph (1) for an
activity shall be determined by the Secretary, but may not exceed the
cost of the activity.
(3) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(d) Description of Property.--The exact acreage and legal
description of the segment of pipeline conveyed under subsection (a),
and of any easements or rights-of-way conveyed under subsection (b),
shall be determined by surveys and other means satisfactory to the
Secretary. The cost of any survey or other services performed at the
direction of the Secretary under the preceding sentence shall be borne
by the Authority.
(e) Additional Terms and Con
2000
ditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2825. LAND CONVEYANCE, PETROLEUM TERMINAL SERVING FORMER LORING
AIR FORCE BASE AND BANGOR AIR NATIONAL GUARD BASE, MAINE.
(a) Conveyance Authorized.--(1) The Secretary of the Air Force may
convey to the Maine Port Authority of the State of Maine (in this
section referred to as the ``Authority'') all right, title, and
interest of the United States in and to the Petroleum Terminal (POL) at
Mack Point, Searsport, Maine, which served former Loring Air Force Base
and Bangor Air National Guard Base, Maine.
(2) The conveyance under paragraph (1) may include the following:
(A) A parcel of real property, including any improvements
thereon, consisting of approximately 20 acres and comprising a
portion of the Petroleum Terminal.
(B) Any additional fuel tanks, other improvements, and
equipment located on the 43-acre parcel of property adjacent to
the property described in subparagraph (A), and currently
leased by the Secretary, which constitutes the remaining
portion of the Petroleum Terminal.
(b) Condition of Conveyance.--The Secretary may not make the
conveyance under subsection (a) unless the Authority agrees to utilize
the property to be conveyed under that subsection solely for economic
development purposes.
(c) Consideration.--(1) As consideration for the conveyance under
subsection (a), the Authority shall lease to the Air Force
approximately one acre of the real property conveyed under that
subsection, together with any improvements thereon, that constitutes
the Aerospace Fuels Laboratory (also known as Building 14).
(2) The real property leased under this subsection shall include
the parking lot, outbuildings, and other improvements associated with
the Aerospace Fuels Laboratory and such easements of ingress and egress
to the real property, including easements for utilities, as are
required for the operations of the Aerospace Fuels Laboratory.
(3) As part of the lease of real property under this subsection,
the Authority shall maintain around the real property for the term of
the lease a zone, not less than 75 feet in depth, free of improvements
or encumbrances.
(4) The lease under this subsection shall be without cost to the
United States.
(5) The term of the lease under this subsection may not exceed 25
years. If operations at the Aerospace Fuels Laboratory cease before the
expiration of the term of the lease otherwise provided for under this
subsection, the lease shall be deemed to have expired upon the
cessation of such operations.
(d) Conveyance Contingent on Expiration of Lease of Fuel Tanks.--
The Secretary may not make the conveyance under subsection (a) until
the expiration of the lease referred to in paragraph (2)(B) of that
subsection.
(e) Environmental Remediation.--The Secretary may not make the
conveyance under subsection (a) until the completion of any
environmental remediation required by law with respect to the property
to be conveyed under that subsection.
(f) Reimbursement for Costs of Conveyance.--(1) The Authority shall
reimburse the Secretary for the costs incurred by the Secretary for any
environmental assessment, study, or analysis, or for any other expense
incurred by the Secretary, for the conveyance authorized by subsection
(a).
(2) The amount of the reimbursement under paragraph (1) for an
activity shall be determined by the Secretary, but may not exceed the
cost of the activity.
(3) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(g) Description of Property.--The exact acreage and legal
description of the real property conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Authority.
(h) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a), and the lease under subsection (c), as the
Secretary considers appropriate to protect the interests of the United
States.
SEC. 2826. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE PLANT,
TOLEDO, OHIO.
(a) Conveyance Authorized.--(1) The Secretary of the Navy may
convey, without consideration, to the Toledo-Lucas County Port
Authority, Ohio (in this section referred to as the ``Port
Authority''), any or all right, title, and interest of the United
States in and to a parcel of real property, including any improvements
thereon, consisting of approximately 29 acres and comprising the Naval
Weapons Industrial Reserve Plant, Toledo, Ohio.
(2) The Secretary may include in the conveyance under paragraph (1)
such facilities, equipment, fixtures, and other personal property
located or based on the parcel conveyed under that paragraph, or used
in connection with the parcel, as the Secretary determines to be excess
to the Navy.
(b) Lease Authority.--Until such time as the real property
described in subsection (a)(1) is conveyed by deed, the Secretary may
lease such real property, and any personal property described in
subsection (a)(2), to the Port Authority in exchange for such security,
fire protection, and maintenance services as the Secretary considers
appropriate.
(c) Conditions of Conveyance.--The conveyance under subsection (a),
and any lease under subsection (b), shall be subject to the conditions
that the Port Authority--
(1) accept the real and personal property concerned in
their condition at the time of the conveyance or lease, as the
case may be; and
(2) except as provided in subsection (d), use the real and
personal property concerned, whether directly or through an
agreement with a public or private entity, for economic
development or such other public purposes as the Port Authority
considers appropriate.
(d) Subsequent Use.--(1) The Port Authority may, following entry
into a lease under subsection (b) for real property, personal property,
or both, sublease such property for a purpose set forth in subsection
(c)(2) if the Secretary approves the sublease of such property for that
purpose.
(2) The Port Authority may, following the conveyance of real
property under subsection (a), lease or reconvey such real property,
and any personal property conveyed with such real property under that
subsection, for a purpose set forth in subsection (c)(2).
(e) Reimbursement for Costs of Conveyance and Lease.--(1) The Port
Authority shall reimburse the Secretary for the costs incurred by the
Secretary for any environmental assessment, study, or analysis, or for
any other expense incurred by the Secretary, for the conveyance
authorized by subsection (a) or any lease authorized by subsection (b).
(2) The amount of the reimbursement under paragraph (1) for an
activity shall be determined by the Secretary, but may not exceed the
cost of the activity.
(3) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(f) Description of Property.--The exact acreage and legal of the
real property to be conveyed under subsection (a)(1), and an
appropriate inventory or other description of the personal property to
be conveyed under subsection (a)(2), shall be determined by a survey
and other means satisfactory to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a)(1), and any lease under subsection (b), as the
Secretary considers appropriate to protect the interests of the United
States.
Subtitle D--Other Matters
SEC. 2841. DEVELOPMENT OF UNITED STATES AR
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MY HERITAGE AND EDUCATION
CENTER AT CARLISLE BARRACKS, PENNSYLVANIA.
(a) Authority To Enter Into Partnership.--(1) The Secretary of the
Army may enter into a partnership with the Military Heritage
Foundation, a not-for-profit organization, for the design,
construction, and operation of a facility for the United States Army
Heritage and Education Center at Carlisle Barracks, Pennsylvania.
(2) The facility is to be used for curation and storage of
artifacts, research facilities, classrooms, and offices, and for
education and other activities, relating to the heritage of the Army.
The facility may also be used to support such education and training as
the Secretary considers appropriate.
(b) Design and Construction.--The Secretary may accept funds from
the Military Heritage Foundation for the design and construction of the
facility for the United States Army Heritage and Education Center
referred to in subsection (a).
(c) Acceptance of Facility.--(1) Upon completion of the facility
referred to subsection (a), and upon the satisfaction of any and all
financial obligations incident thereto by the Military Heritage
Foundation, the Secretary shall accept the facility from the Military
Heritage Foundation, and all right, title, and interest in and to the
facility shall vest in the United States.
(2) Upon becoming property of the United States, the facility shall
be under the jurisdiction of the Secretary.
(d) Use of Certain Gifts.--(1) Under regulations prescribed by the
Secretary, the Commandant of the Army War College may, without regard
to section 2601 of title 10, United States Code, accept, hold,
administer, invest, and spend any gift, devise, or bequest of personnel
property of a value of $250,000 or less made to the United States if
such gift, devise, or bequest is for the benefit of the United States
Army Heritage and Education Center.
(2) The Secretary may pay or authorize the payment of any
reasonable and necessary expense in connection with the conveyance or
transfer of a gift, devise, or bequest under this subsection.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the partnership
authorized to be entered into by subsection (a) as the Secretary
considers appropriate to protect the interest of the United States.
SEC. 2842. LIMITATION ON AVAILABILITY OF FUNDS FOR RENOVATION OF THE
PENTAGON RESERVATION.
(a) Construction of Secure Secretarial Offices and Support
Facilities.--No funds authorized to be appropriated by this Act, or any
other Act, may be obligated or expended for construction of secure
secretarial offices and support facilities at the Pentagon Reservation
until the Secretary of Defense makes a certification to the
congressional defense committees described in subsection (c).
(b) Renovation of Pentagon Reservation.--Of the amounts authorized
to be appropriated by this Act and any other Act for the purpose of the
renovation of the Pentagon Reservation, not more than $1,158,000,000
may be obligated or expended for that purposes until the Secretary
makes a certification to the congressional defense committees described
in subsection (c).
(c) Certification.--A certification described in this subsection is
a certification that the Defense Threat Reduction Agency has--
(1) reviewed plans for construction of secure secretarial
offices and support facilities at the Pentagon Reservation; and
(2) determined that construction of such offices and
facilities in accordance with such plans would meet all
applicable force protection requirements.
SEC. 2843. NAMING OF PATRICIA C. LAMAR ARMY NATIONAL GUARD READINESS
CENTER, OXFORD, MISSISSIPPI.
(a) Designation.--The Oxford Army National Guard Readiness Center,
Oxford, Mississippi, shall be known and designated as the ``Patricia C.
Lamar Army National Guard Readiness Center''.
(b) Reference to Readiness Center.--Any reference to the Oxford
Army National Guard Readiness Center, Oxford, Mississippi, in any law,
regulation, map, document, record, or other paper of the United States
shall be considered to be a reference to the Patricia C. Lamar Army
National Guard Readiness Center.
TITLE XXIX--DEFENSE BASE CLOSURE AND REALIGNMENT
Subtitle A--Modifications of 1990 Base Closure Law
SEC. 2901. AUTHORITY TO CARRY OUT BASE CLOSURE ROUND IN 2003.
(a) Commission Matters.--
(1) Appointment.--Section 2902(c)(1) 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--
(A) in subparagraph (B)--
(i) by striking ``and'' at the end of
clause (ii);
(ii) by striking the period at the end of
clause (iii) and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(iv) by no later than January 24, 2003, in the case of
members of the Commission whose terms will expire at the end of
the first session of the 108th Congress.''; and
(B) in subparagraph (C), by striking ``or for 1995
in clause (iii) of such subparagraph'' and inserting
``, for 1995 in clause (iii) of that subparagraph, or
for 2003 in clause (iv) of that subparagraph''.
(2) Meetings.--Section 2902(e) of that Act is amended by
striking ``and 1995'' and inserting ``1995, and 2003''.
(3) Funding.--Section 2902(k) of that Act is amended by
adding at the end the following new paragraph (4):
``(4) If no funds are appropriated to the Commission by the end of
the second session of the 107th Congress for the activities of the
Commission in 2003, the Secretary may transfer to the Commission for
purposes of its activities under this part in that year such funds as
the Commission may require to carry out such activities. The Secretary
may transfer funds under the preceding sentence from any funds
available to the Secretary. Funds so transferred shall remain available
to the Commission for such purposes until expended.''.
(4) Termination.--Section 2902(l) of that Act is amended by
striking ``December 31, 1995'' and inserting ``December 31,
2003''.
(b) Procedures.--
(1) Force-structure plan.--Section 2903(a) of that Act is
amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2)(A) As part of the budget justification documents submitted to
Congress in support of the budget for the Department of Defense for
fiscal year 2003, the Secretary shall include a force-structure plan
for the Armed Forces based on the assessment of the Secretary in the
quadrennial defense review under section 118 of title 10, United States
Code, in 2001 of the probable threats to the national security during
the twenty-year period beginning with fiscal year 2003.
``(B) The Secretary may revise the force-structure plan submitted
under subparagraph (A). If the Secretary revises the force-structure
plan, the Secretary shall submit the revised force-structure plan to
Congress as part of the budget justification documents submitted to
Congress in support of the budget for the Department of Defense for
fiscal year 2004.''; and
(C) in paragraph (3), as redesignated by
subparagraph (A) of this paragraph--
(i) in the matter preceding subparagraph
(A), by striking ``Such plan'' and inserting
``Each force-structure plan under this
subsection''; and
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(ii) in subparagraph (A), by striking
``referred to in paragraph (1)'' and inserting
``on which such force-structure plan is
based''.
(2) Selection criteria.--Section 2903(b) of that Act is
amended--
(A) in paragraph (1), by inserting ``and by no
later than December 31, 2001, for purposes of
activities of the Commission under this part in 2003,''
after ``December 31, 1990,''; and
(B) in paragraph (2)(A)--
(i) in the first sentence, by inserting
``and by no later than February 15, 2002, for
purposes of activities of the Commission under
this part in 2003,'' after ``February 15,
1991,''; and
(ii) in the second sentence, by inserting
``, or enacted on or before March 31, 2002, in
the case of criteria published and transmitted
under the preceding sentence in 2001'' after
``March 15, 1991''.
(3) Department of defense recommendations.--Section
2903(c)(1) of that Act is amended by striking ``and March 1,
1995'' and inserting ``March 1, 1995, and March 14, 2003''.
(4) Commission review and recommendations.--Section 2903(d)
of that Act is amended--
(A) in paragraph (2)(A), by inserting ``or by no
later than July 7 in the case of recommendations in
2003,'' after ``pursuant to subsection (c),'';
(B) in paragraph (4), by inserting ``or after July
7 in the case of recommendations in 2003,'' after
``under this subsection,''; and
(C) in paragraph (5)(B), by inserting ``or by no
later than May 1 in the case of such recommendations in
2003,'' after ``such recommendations,''.
(5) Review by president.--Section 2903(e) of that Act is
amended--
(A) in paragraph (1), by inserting ``or by no later
than July 22 in the case of recommendations in 2003,''
after ``under subsection (d),'';
(B) in the second sentence of paragraph (3), by
inserting ``or by no later than August 18 in the case
of 2003,'' after ``the year concerned,''; and
(C) in paragraph (5), by inserting ``or by
September 3 in the case of recommendations in 2003,''
after ``under this part,''.
(c) Relationship to Other Base Closure Authority.--Section 2909(a)
of that Act is amended by striking ``December 31, 1995,'' and inserting
``December 31, 2003,''.
SEC. 2902. BASE CLOSURE ACCOUNT 2003.
(a) Establishment.--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 inserting after section 2906 the following new section:
``SEC. 2906A. BASE CLOSURE ACCOUNT 2003.
``(a) In General.--(1) There is hereby established on the books of
the Treasury an account to be known as the `Department of Defense Base
Closure Account 2003' (in this section referred to as the `Account').
The Account shall be administered by the Secretary as a single account.
``(2) There shall be deposited into the Account--
``(A) funds authorized for and appropriated to the Account;
``(B) any funds that the Secretary may, subject to approval
in an appropriation Act, transfer to the Account from funds
appropriated to the Department of Defense for any purpose,
except that such funds may be transferred only after the date
on which the Secretary transmits written notice of, and justification
for, such transfer to the congressional defense committees; and
``(C) except as provided in subsection (d), proceeds
received from the lease, transfer, or disposal of any property
at a military installation that is closed or realigned under
this part pursuant to a closure or realignment the date of
approval of which is after September 30, 2003.
``(3) The Account shall be closed at the time and in the manner
provided for appropriation accounts under section 1555 of title 31,
United States Code. Unobligated funds which remain in the Account upon
closure shall be held by the Secretary of the Treasury until
transferred by law after the congressional defense committees receive
the final report transmitted under subsection (c)(2).
``(b) Use of Funds.--(1) The Secretary may use the funds in the
Account only for the purposes described in section 2905 with respect to
military installations the date of approval of closure or realignment
of which is after September 30, 2003.
``(2) When a decision is made to use funds in the Account to carry
out a construction project under section 2905(a) and the cost of the
project will exceed the maximum amount authorized by law for a minor
military construction project, the Secretary shall notify in writing
the congressional defense committees of the nature of, and
justification for, the project and the amount of expenditures for such
project. Any such construction project may be carried out without
regard to section 2802(a) of title 10, United States Code.
``(c) Reports.--(1)(A) No later than 60 days after the end of each
fiscal year in which the Secretary carries out activities under this
part using amounts in the Account, the Secretary shall transmit a
report to the congressional defense committees of the amount and nature
of the deposits into, and the expenditures from, the Account during
such fiscal year and of the amount and nature of other expenditures
made pursuant to section 2905(a) during such fiscal year.
``(B) The report for a fiscal year shall include the following:
``(i) The obligations and expenditures from the Account
during the fiscal year, identified by subaccount, for each
military department and Defense Agency.
``(ii) The fiscal year in which appropriations for such
expenditures were made and the fiscal year in which funds were
obligated for such expenditures.
``(iii) Each military construction project for which such
obligations and expenditures were made, identified by
installation and project title.
``(iv) A description and explanation of the extent, if any,
to which expenditures for military construction projects for
the fiscal year differed from proposals for projects and
funding levels that were included in the justification
transmitted to Congress under section 2907(1), or otherwise,
for the funding proposals for the Account for such fiscal year,
including an explanation of--
``(I) any failure to carry out military
construction projects that were so proposed; and
``(II) any expenditures for military construction
projects that were not so proposed.
``(2) No later than 60 days after the termination of the authority
of the Secretary to carry out a closure or realignment under this part
with respect to military installations the date of approval of closure
or realignment of which is after September 30, 2003, and no later than
60 days after the closure of the Account under subsection (a)(3), the
Secretary shall transmit to the congressional defense committees a
report containing an accounting of--
``(A) all the funds deposited into and expended from the
Account or otherwise expended under this part with respect to
such installations; and
``(B) any amount remaining in the Account.
``(d) Disposal or Transfer of Commissary Stores and Property
Purchased Wi
2000
th Nonappropriated Funds.--(1) If any real property or
facility acquired, constructed, or improved (in whole or in part) with
commissary store funds or nonappropriated funds is transferred or
disposed of in connection with the closure or realignment of a military
installation under this part the date of approval of closure or
realignment of which is after September 30, 2003, a portion of the
proceeds of the transfer or other disposal of property on that
installation shall be deposited in the reserve account established
under section 204(b)(7)(C) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note).
``(2) The amount so deposited shall be equal to the depreciated
value of the investment made with such funds in the acquisition,
construction, or improvement of that particular real property or
facility. The depreciated value of the investment shall be computed in
accordance with regulations prescribed by the Secretary of Defense.
``(3) The Secretary may use amounts in the account (in such an
aggregate amount as is provided in advance in appropriation Acts) for
the purpose of acquiring, constructing, and improving--
``(A) commissary stores; and
``(B) real property and facilities for nonappropriated fund
instrumentalities.
``(4) In this subsection, the terms `commissary store funds',
`nonappropriated funds', and `nonappropriated fund instrumentality'
shall have the meaning given those terms in section 2906(d)(4).
``(e) Account Exclusive Source of Funds for Environmental
Restoration Projects.--Except as provided in section 2906(e) with
respect to funds in the Department of Defense Base Closure Account 1990
under section 2906 and except for funds deposited into the Account
under subsection (a), funds appropriated to the Department of Defense
may not be used for purposes described in section 2905(a)(1)(C). The
prohibition in this subsection shall expire upon the closure of the
Account under subsection (a)(3).''.
(b) Conforming Amendments.--Section 2906 of that Act is amended--
(1) in subsection (a)(2)(C), by inserting ``the date of
approval of closure or realignment of which is before September
30, 2003'' after ``under this part'';
(2) in subsection (b)(1), by inserting ``with respect to
military installations the date of approval of closure or
realignment of which is before September 30, 2003,'' after
``section 2905'';
(3) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A), by
inserting ``with respect to military installations the
date of approval of closure or realignment of which is
before September 30, 2003,'' after ``under this part'';
and
(B) in subparagraph (A), by inserting ``with
respect to such installations'' after ``under this
part'';
(4) in subsection (d)(1), by inserting ``the date of
approval of closure or realignment of which is before September
30, 2003'' after ``under this part''; and
(5) in subsection (e), by striking ``Except for'' and
inserting ``Except as provided in section 2906A(e) with respect
to funds in the Department of Defense Base Closure Account 2001
under section 2906A and except for''.
(c) Clerical Amendment.--The section heading of section 2906 of
that Act is amended to read as follows:
``SEC. 2906. BASE CLOSURE ACCOUNT 1990.''.
SEC. 2903. ADDITIONAL MODIFICATIONS OF BASE CLOSURE AUTHORITIES.
(a) Increase in Members of Commission.--Section 2902(c)(1)(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. 2867 note) is amended by striking
``eight members'' and inserting ``nine members''.
(b) Selection Criteria.--Section 2903(b) of that Act is amended by
adding at the end the following new paragraphs:
``(3) The selection criteria shall ensure that military value is
the primary consideration in the making of recommendations for the
closure or realignment of military installations under this part.
``(4) Any selection criteria proposed by the Secretary relating to
the cost savings or return on investment from the proposed closure or
realignment of a military installation shall take into account the
effect of the proposed closure or realignment on the costs of any other
Federal agency that may be required to assume responsibility for
activities at the military installation.''.
(c) Department of Defense Recommendations to Commission.--Section
2903(c) of that Act is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5),
and (6) as paragraphs (2), (3), (4), (6), (7), and (8),
respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph (1):
``(1) The Secretary shall carry out a comprehensive review of the
military installations of the Department of Defense inside the United
States based on the force-structure plan submitted under subsection
(a)(2), and the final criteria transmitted under subsection (b)(2), in
2002. The review shall cover every type of facility or other
infrastructure operated by the Department of Defense.'';
(3) in paragraph (4), as so redesignated--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(B) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) In considering military installations for closure or
realignment under this part in any year after 2001, the Secretary shall
consider the anticipated continuing need for and availability of
military installations worldwide. In evaluating the need for military
installations inside the United States, the Secretary shall take into
account current restrictions on the use of military installations
outside the United States and the potential for future prohibitions or
restrictions on the use of such military installations.''; and
(C) in subparagraph (D), as so redesignated, by
striking ``subparagraph (B)'' and inserting
``subparagraph (C)'';
(4) by inserting after paragraph (4), as so redesignated,
the following new paragraph (5):
``(5)(A) In making recommendations to the Commission under this
subsection in any year after 2001, the Secretary shall consider any
notice received from a local government in the vicinity of a military
installation that the government would approve of the closure or
realignment of the installation.
``(B) Notwithstanding the requirement in subparagraph (A), the
Secretary shall make the recommendations referred to in that
subparagraph based on the force-structure plan and final criteria
otherwise applicable to such recommendations under this section.
``(C) The recommendations made by the Secretary under this
subsection in any year after 2001 shall include a statement of the
result of the consideration of any notice described in subparagraph (A)
that is received with respect to an installation covered by such
recommendations. The statement shall set forth the reasons for the
result.''; and
(5) in paragraph (8), as so redesignated--
(A) in the first sentence, by striking ``paragraph
(5)(B)'' and inserting ``paragraph (7)(B)''; and
(B) in the second sentence, by striking ``24
hours'' and inserting ``48 hours''.
(d) Commission Changes in Recommendations of Secretary.--Section
2903(d)(2) of that Act is amended--
(1) in subparagraph (B), by striking ``if'' and inserting
``only if'';
(2) in subparagraph (C)--
(A) in clause (iii), by striking ``and'' at the
end;
(B) in clause (iv), by
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striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(v) invites the Secretary to testify at a public hearing,
or a closed hearing if classified information is involved, on
the proposed change.'';
(3) by redesignating subparagraph (E) as subparagraph (F);
and
(4) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) In the case of a change not described in subparagraph (D) in
the recommendations made by the Secretary, the Commission may make the
change only if the Commission--
``(i) makes the determination required by subparagraph (B);
``(ii) determines that the change is consistent with the
force-structure plan and final criteria referred to in
subsection (c)(1); and
``(iii) invites the Secretary to testify at a public
hearing, or a closed hearing if classified information is
involved, on the proposed change.''.
(e) Privatization in Place.--Section 2904(a) of that Act is
amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) carry out the privatization in place of a military
installation recommended for closure or realignment by the
Commission in each such report after 2001 only if privatization
in place is a method of closure or realignment of the
installation specified in the recommendation of the Commission
in such report and is determined by the Commission to be the
most cost-effective method of implementation of the
recommendation;''.
(f) Implementation.--
(1) Payment for certain services for property leased back
by the united states.--Section 2905(b)(4)(E) of that Act is
amended--
(A) in clause (iii), by striking ``A lease'' and
inserting ``Except as provided in clause (v), a
lease''; and
(B) by adding at the end the following new clause
(v):
``(v)(I) Notwithstanding clause (iii), a lease under clause (i) may
require the United States to pay the redevelopment authority concerned,
or the assignee of the redevelopment authority, for facility services
and common area maintenance provided for the leased property by the
redevelopment authority or assignee, as the case may be.
``(II) The rate charged the United States for services and
maintenance provided by a redevelopment authority or assignee under
subclause (I) may not exceed the rate charged non-Federal tenants
leasing property at the installation for such services and maintenance.
``(III) For purposes of this clause, facility services and common
area maintenance shall not include municipal services that the State or
local government concerned is required by law to provide without direct
charge to landowners, or firefighting or security-guard functions.''.
(2) Transfers in connection with payment of environmental
remediation.--Section 2905(e) of that Act is amended--
(A) in paragraph (1)(B), by adding at the end the
following new sentence: ``The real property and
facilities referred to in subparagraph (A) are also the
real property and facilities located at an installation
approved for closure or realignment under this part
after 2001 that are available for purposes other than
to assist the homeless.'';
(B) in paragraph (2)(A), by striking ``to be paid
by the recipient of the property or facilities'' and
inserting ``otherwise to be paid by the Secretary with
respect to the property or facilities'';
(C) by striking paragraph (6);
(D) by redesignating paragraphs (3), (4), and (5)
as paragraphs (4), (5), and (6), respectively; and
(E) by inserting after paragraph (2) the following
new paragraph (3):
``(3) In the case of property or facilities covered by a
certification under paragraph (2)(A), the Secretary may pay the
recipient of such property or facilities an amount equal to the lesser
of--
``(A) the amount by which the costs incurred by the
recipient of such property or facilities for all environmental
restoration, waste, management, and environmental compliance
activities with respect to such property or facilities exceed
the fair market value of such property or facilities as
specified in such certification; or
``(B) the amount by which the costs (as determined by the
Secretary) that would otherwise have been incurred by the
Secretary for such restoration, management, and activities with
respect to such property or facilities exceed the fair market
value of such property or facilities as so specified.''.
(3) Scope of indemnification of transferees in connection
with payment of environmental remediation.--Paragraph (6) of
section 2905(e) of that Act, as redesignated by paragraph (1)
of this subsection, is further amended by inserting before the
period the following: ``, except in the case of releases or
threatened releases not disclosed pursuant to paragraph (4)''.
SEC. 2904. TECHNICAL AND CLARIFYING AMENDMENTS.
(a) Commencement of Period for Notice of Interest in Property for
Homeless.--Section 2905(b)(7)(D)(ii)(I) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2867 note) is amended by striking ``that date'' and inserting
``the date of publication of such determination in a newspaper of
general circulation in the communities in the vicinity of the
installation under subparagraph (B)(i)(IV)''.
(b) Other Clarifying Amendments.--(1) That Act is further amended
by inserting ``or realignment'' after ``closure'' each place it appears
in the following provisions:
(A) Section 2905(b)(3).
(B) Section 2905(b)(5).
(C) Section 2905(b)(7)(B)(iv).
(D) Section 2905(b)(7)(N).
(E) Section 2910(10)(B).
(2) That Act is further amended by inserting ``or realigned'' after
``closed'' each place it appears in the following provisions:
(A) Section 2905(b)(3)(C)(ii).
(B) Section 2905(b)(3)(D).
(C) Section 2905(b)(3)(E).
(D) Section 2905(b)(4)(A).
(E) Section 2905(b)(5)(A).
(F) Section 2910(9).
(G) Section 2910(10).
(3) Section 2905(e)(1)(B) of that Act is amended by inserting ``,
or realigned or to be realigned,'' after ``closed or to be closed''.
Subtitle B--Modification of 1988 Base Closure Law
SEC. 2911. PAYMENT FOR CERTAIN SERVICES PROVIDED BY REDEVELOPMENT
AUTHORITIES FOR PROPERTY LEASED BACK BY THE UNITED
STATES.
Section 204(b)(4) of the Defense Authorization Amendments and Base
Closure and Realignment Act of (Public Law 100-526; 10 U.S.C. 2687
note) is amended by adding at the end the following new subparagraph
(J):
``(J)(i) The Secretary may transfer real property at an
installation approved for closure or realignment under this title
(including property at an installation approved for realignment which
will be retained by the Department of Defense or another Federal agency
after realignment) to the redevelopment authority for the installation
if the redevelopment authority agrees to lease, directly upon transfer,
one or more portions of the property transferred under this
subparagraph to the Secretary or to the head of another department or
agency of the Federal Government. Subparagraph
93b
(B) shall apply to a
transfer under this subparagraph.
``(ii) A lease under clause (i) shall be for a term of not to
exceed 50 years, but may provide for options for renewal or extension
of the term by the department or agency concerned.
``(iii) Except as provided in clause (v), a lease under clause (i)
may not require rental payments by the United States.
``(iv) A lease under clause (i) shall include a provision
specifying that if the department or agency concerned ceases requiring
the use of the leased property before the expiration of the term of the
lease, the remainder of the lease term may be satisfied by the same or
another department or agency of the Federal Government using the
property for a use similar to the use under the lease. Exercise of the
authority provided by this clause shall be made in consultation with
the redevelopment authority concerned.
``(v)(I) Notwithstanding clause (iii), a lease under clause (i) may
require the United States to pay the redevelopment authority concerned,
or the assignee of the redevelopment authority, for facility services
and common area maintenance provided for the leased property by the
redevelopment authority or assignee, as the case may be.
``(II) The rate charged the United States for services and
maintenance provided by a redevelopment authority or assignee under
subclause (I) may not exceed the rate charged non-Federal tenants
leasing property at the installation for such services and maintenance.
``(III) For purposes of this clause, facility services and common
area maintenance shall not include municipal services that the State or
local government concerned is required by law to provide without direct
charge to landowners, or firefighting or security-guard functions.''.
Calendar No. 157
107th CONGRESS
1st Session
S. 1418
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2002 for military
construction, and for other purposes.
_______________________________________________________________________
September 12, 2001
Read twice and placed on the calendar
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