< Back to S. 3003 (110th Congress, 2007–2009)

Text of the Military Construction Authorization Act for Fiscal Year 2009

This bill was introduced in a previous session of Congress and was passed by the Senate on September 17, 2008 but was never passed by the House. The text of the bill below is as of Sep 17, 2008 (Passed the Senate (Engrossed)).

Source: GPO

110th CONGRESS

2d Session

S. 3003

IN THE SENATE OF THE UNITED STATES

AN ACT

To authorize appropriations for fiscal year 2009 for military construction, and for other purposes.

1.

Short title

This Act may be cited as the Military Construction Authorization Act for Fiscal Year 2009.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees.

DIVISION B—Military construction authorizations

Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

Sec. 2003. Effective date.

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. Extension of authorizations of certain fiscal year 2005 projects.

Sec. 2106. Extension of authorization of certain fiscal year 2006 project.

TITLE XXII—Navy

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2005 project inside the United States.

Sec. 2206. Modification of authority to carry out certain fiscal year 2007 projects inside the United States.

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. Extension of authorizations of certain fiscal year 2006 projects.

Sec. 2306. Extension of authorizations of certain fiscal year 2005 projects.

TITLE XXIV—Defense Agencies

Subtitle A—Defense agency authorizations

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Modification of authority to carry out certain fiscal year 2007 project.

Sec. 2405. Extension of authorization of certain fiscal year 2006 project.

Subtitle B—Chemical Demilitarization authorizations

Sec. 2411. Authorized chemical demilitarization program construction and land acquisition projects.

Sec. 2412. Authorization of appropriations, chemical demilitarization construction, defense-wide.

Sec. 2413. Modification of authority to carry out certain fiscal year 1997 project.

Sec. 2414. Modification of authority to carry out certain fiscal year 2000 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 Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, Guard and Reserve.

Sec. 2607. Extension of authorizations of certain fiscal year 2006 projects.

Sec. 2608. Extension of authorization of certain fiscal year 2005 project.

Sec. 2609. Modification of authority to carry out certain fiscal year 2008 project.

TITLE XXVII—Base Closure and Realignment activities

Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990.

Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.

Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005.

Sec. 2704. Modification of annual base closure and realignment reporting requirements.

Sec. 2705. Technical corrections regarding authorized cost and scope of work variations for military construction and military family housing projects related to base closures and realignments.

TITLE XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing Changes

Sec. 2801. Increase in threshold for unspecified minor military construction projects.

Sec. 2802. Authority to use operation and maintenance funds for construction projects outside the United States.

Sec. 2803. Improved oversight and accountability for military housing privatization initiative projects.

Sec. 2804. Leasing of military family housing to Secretary of Defense.

Sec. 2805. Cost-benefit analysis of dissolution of Patrick Family Housing LLC.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Participation in conservation banking programs.

Sec. 2812. Clarification of congressional reporting requirements for certain real property transactions.

Sec. 2813. Modification of land management restrictions applicable to Utah national defense lands.

Subtitle C—Land Conveyances

Sec. 2821. Transfer of proceeds from property conveyance, Marine Corps Logistics Base, Albany, Georgia.

Subtitle D—Energy Security

Sec. 2831. Expansion of authority of the military departments to develop energy on military lands.

Subtitle E—Other Matters

Sec. 2841. Report on application of force protection and anti-terrorism standards to gates and entry points on military installations.

TITLE XXIX—War-related military construction authorizations

Subtitle A—Fiscal Year 2008 Projects

Sec. 2901. Authorized Army construction and land acquisition projects.

Sec. 2902. Authorized Navy construction and land acquisition projects.

Sec. 2903. Authorized Air Force construction and land acquisition projects.

Sec. 2904. Termination of authority to carry out fiscal year 2008 Army projects.

Subtitle B—Fiscal year 2009 projects

Sec. 2911. Authorized Army construction and land acquisition projects.

Sec. 2912. Authorized Navy construction and land acquisition projects.

Sec. 2913. Limitation on availability of funds for certain purposes relating to Iraq.

3.

Congressional defense committees

For purposes of this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

B

Military construction authorizations

2001.

Short title

This division may be cited as the Military Construction Authorization Act for Fiscal Year 2009.

2002.

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 and title XXIX 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, 2011; or

(2)

the date of the enactment of an Act authorizing funds for military construction for fiscal year 2012.

(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, 2011; or

(2)

the date of the enactment of an Act authorizing funds for fiscal year 2012 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.

2003.

Effective date

Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall take effect on the later of—

(1)

October 1, 2008; or

(2)

the date of the enactment of this Act.

XXI

Army

2101.

Authorized Army construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Army: Inside the United States
StateInstallation or LocationAmount
AlabamaAnniston Army Depot$45,000,000
Redstone Arsenal$16,500,000
AlaskaFort Richardson$18,100,000
Fort Wainright$110,400,000
ArizonaFort Huachuca$11,200,000
Yuma Proving Ground$3,800,000
CaliforniaFort Irwin$39,600,000
Presidio, Monterey$15,000,000
Sierra Army Depot$12,400,000
ColoradoFort Carson$534,000,000
GeorgiaFort Benning$267,800,000
Fort Stewart/Hunter Army Air Field$432,300,000
HawaiiPohakuloa Training Area$21,300,000
Schofield Barracks$279,000,000
Wahiawa$40,000,000
IndianaCrane Army Ammunition Activity$8,300,000
KansasFort Riley$132,000,000
KentuckyFort Campbell$118,113,000
LouisianaFort Polk$29,000,000
MichiganDetroit Arsenal$6,100,000
MissouriFort Leonard Wood$31,650,000
New YorkFort Drum$90,000,000
United States Military Academy, West Point$67,000,000
North CarolinaFort Bragg$36,900,000
OklahomaFort Sill$63,000,000
PennsylvaniaCarlisle Barracks$13,400,000
Letterkenny Army Depot$7,500,000
Tobyhanna Army Depot$15,000,000
South CarolinaFort Jackson$30,000,000
TexasCorpus Christi Storage Complex$39,000,000
Fort Bliss$1,031,800,000
Fort Hood$32,000,000
Fort Sam Houston$96,000,000
Red River Army Depot$6,900,000
VirginiaFort Belvoir$7,200,000
Fort Eustis$28,000,000
Fort Lee$100,600,000
Fort Myer$14,000,000
WashingtonFort Lewis$158,000,000
(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 installations or locations outside the United States, and in the amounts, set forth in the following table:

Army: Outside the United States
CountryInstallation or LocationAmount
AfghanistanBagram Air Base$67,000,000
GermanyKatterbach$19,000,000
Wiesbaden Air Base$119,000,000
JapanCamp Zama$2,350,000
Sagamihara$17,500,000
KoreaCamp Humphreys$20,000,000
2102.

Family housing

(a)

Construction and acquisition

Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:

Army: Family Housing
CountryInstallation or LocationUnitsAmount
GermanyWiesbaden Air Base326 $133,000,000
KoreaCamp Humphreys216 $125,000,000
(b)

Planning and design

Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $579,000.

2103.

Improvements to military family housing units

Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $420,001,000.

2104.

Authorization of appropriations, Army

(a)

In general

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $6,042,210,000 as follows:

(1)

For military construction projects inside the United States authorized by section 2101(a), $4,007,863,000.

(2)

For military construction projects outside the United States authorized by section 2101(b), $202,250,000.

(3)

For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $23,000,000.

(4)

For host nation support and architectural and engineering services and construction design under section 2807 of title 10, United States Code, $200,807,000.

(5)

For military family housing functions:

(A)

For construction and acquisition, planning and design, and improvement of military family housing and facilities, $678,580,000.

(B)

For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $716,110,000.

(6)

For the construction of increment 3 of a barracks complex at Fort Lewis, Washington, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2445), as amended by section 20814 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289), as added by section 2 of the Revised Continuing Resolution, 2007 (Public Law 110–5; 121 Stat. 41), $102,000,000.

(7)

For the construction of increment 2 of the SOUTHCOM Headquarters at Miami Doral, Florida, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 504), $81,600,000.

(8)

For the construction of increment 2 of the BDE Complex-Barracks/Community at Vicenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 505), $15,000,000.

(9)

For the construction of increment 2 of the BDE Complex-Operations Support Facility, at Vicenza, Italy, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 505), $15,000,000.

(b)

Limitation on total cost of construction projects

Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the sum of the following:

(1)

The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).

(2)

$42,600,000 (the balance of the amount authorized under section 2101(b) for construction of a command and battle center at Wiesbaden, Germany).

2105.

Extension of authorizations of certain fiscal year 2005 projects

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2116), the authorizations set forth in the table in subsection (b), as provided in sections 2101 of that Act (118 Stat. 2101), shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2010, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Army: Extension of 2006 Project Authorizations
StateInstallation or LocationProjectAmount
HawaiiPohakuloaTactical Vehicle Wash Facility$9,207,000
Battle Area Complex$33,660,000
VirginiaFort BelvoirDefense Access Road$18,000,000
2106.

Extension of authorization of certain fiscal year 2006 project

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3501), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (119 Stat. 3485), shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2010, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Army: Extension of 2005 Project Authorization
StateInstallation or LocationProjectAmount
HawaiiSchofield BarracksCombined Arms Collective Training Facility$32,542,000
XXII

Navy

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

Inside the United States
StateInstallation or LocationAmount
ArizonaMarine Corps Air Station, Yuma$19,490,000
CaliforniaMarine Corps Base, Camp Pendleton$799,870,000
Marine Corps Logistics Base, Barstow$7,830,000
Marine Corps Air Station, Miramar$48,770,000
Naval Air Facility, El Centro$8,900,000
Naval Facility, San Clemente Island$34,020,000
Naval Air Station, North Island$53,262,000
Marine Corps Recruit Depot, San Diego$51,200,000
Marine Corps Base, Twentynine Palms$145,550,000
ConnecticutNaval Submarine Base, Groton$46,060,000
Submarine Base, New London$11,000,000
District of ColumbiaNaval Support Activity, Washington$24,220,000
FloridaNaval Air Station, Jacksonville$12,890,000
Naval Station, Mayport$14,900,000
Naval Support Activity, Tampa$29,000,000
GeorgiaMarine Corps Logistics Base, Albany$15,320,000
HawaiiMarine Corps Base, Kaneohe$28,200,000
Pacific Missile Range, Barking Sands$28,900,000
Naval Station, Pearl Harbor$80,290,000
IllinoisRecruit Training Command, Great Lakes$62,940,000
MainePortsmouth Naval Shipyard$20,660,000
MarylandNaval Surface Warfare Center, Indian Head$25,980,000
MississippiNaval Air Station, Meridian$6,340,000
Naval Construction Battalion Center, Gulfport$12,770,000
New JerseyNaval Air Warfare Center, Lakehurst$15,440,000
Naval Weapons Station, Earle$8,160,000
North CarolinaMarine Corps Air Station, Cherry Point$77,420,000
Marine Corps Air Station, New River$86,280,000
Marine Corps Base, Camp Lejeune$353,090,000
PennsylvaniaNaval Support Activity, Philadelphia$22,020,000
Rhode IslandNaval Station, Newport$29,900,000
South CarolinaMarine Corps Air Station, Beaufort$5,940,000
Marine Corps Recruit Depot, Parris Island$64,750,000
VirginiaMarine Corps Base, Quantico$150,290,000
Naval Station, Norfolk$53,330,000
(b)

Outside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:

Navy: Outside the United States
CountryInstallation or LocationAmount
CubaNaval Air Station, Guantanamo Bay$20,600,000
Diego GarciaDiego Garcia$35,060,000
DjiboutiCamp Lemonier$18,580,000
GuamNaval Activities, Guam$88,430,000
(c)

Unspecified worldwide

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

Navy: Unspecified Worldwide
LocationInstallation or LocationAmount
Worldwide UnspecifiedUnspecified Worldwide$66,020,000
2202.

Family housing

(a)

Construction and acquisition

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

Navy: Family Housing
LocationInstallation or LocationUnitsAmount
CubaNaval Air Station, Guantanamo Bay146$62,598,000
(b)

Planning and design

Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(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 family housing units in an amount not to exceed $2,169,000.

2203.

Improvements to military family housing units

Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $318,011,000.

2204.

Authorization of appropriations, Navy

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $3,884,469,000, as follows:

(1)

For military construction projects inside the United States authorized by section 2201(a), $2,455,002,000.

(2)

For military construction projects outside the United States authorized by section 2201(b), $162,670,000.

(3)

For military construction projects at unspecified worldwide locations authorized by section 2201(c), $66,020,000.

(4)

For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $13,670,000.

(5)

For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $239,128,000.

(6)

For military family housing functions:

(A)

For construction and acquisition, planning and design, and improvement of military family housing and facilities, $382,778,000.

(B)

For support of military family housing (including functions described in section 2833 of title 10, United States Code), $376,062,000.

(7)

For the construction of increment 2 of kilo wharf extension at Naval Forces Marianas Islands, Guam, authorized by section 2201(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 510), $50,912,000.

(8)

For the construction of increment 2 of the sub drive-in magnetic silencing facility at Naval Submarine Base, Pearl Harbor, Hawaii, authorized in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 510), $41,088,000.

(9)

For the construction of increment 3 of the National Maritime Intelligence Center, Suitland, Maryland, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2448), $12,439,000.

(10)

For the construction of increment 2 of hangar 5 recapitalizations at Naval Air Station, Whidbey Island, Washington, authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2448), $34,000,000.

(11)

For the construction of increment 5 of the limited area production and storage complex at Naval Submarine Base, Kitsap, Bangor, Washington (formerly referred to as a project at the Strategic Weapons Facility Pacific, Bangor), authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2106), as amended by section 2206 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3493) and section 2206 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 514) $50,700,000.

2205.

Modification of authority to carry out certain fiscal year 2005 project inside the United States

The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2105), as amended by section 2206 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3493) and section 2206 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 514), is further amended—

(1)

in the item relating to Strategic Weapons Facility Pacific, Bangor, Washington, by striking $295,000,000 in the amount column and inserting $311,670,000; and

(2)

by striking the amount identified as the total in the amount column and inserting $1,084,497,000.

2206.

Modification of authority to carry out certain fiscal year 2007 projects inside the United States

(a)

Modifications

The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2448), as amended by section 2205(a)(17) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 513) is amended—

(1)

in the item relating to NMIC/Naval Support Activity, Suitland, Maryland, by striking $67,939,000 in the amount column and inserting $76,288,000; and

(2)

in the item relating to Naval Air Station, Whidbey Island, Washington, by striking $57,653,000 in the amount column and inserting $60,500,000.

(b)

Conforming amendments

Section 2204(b) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2452), is amended—

(1)

in paragraph (2), by striking $56,159,000 and inserting $64,508,000; and

(2)

in paragraph (3), by striking $31,153,000 and inserting $34,000,000.

XXIII

Air Force

2301.

Authorized Air Force construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2304(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Air Force: Inside the United States
StateInstallation or LocationAmount
AlabamaMaxwell Air Force Base$15,556,000
AlaskaElmendorf Air Force Base$138,300,000
ArizonaDavis Monthan Air Force Base$15,000,000
CaliforniaEdwards Air Force Base $3,100,000
Travis Air Force Base$12,100,000
ColoradoPeterson Air Force Base$4,900,000
United States Air Force Academy$18,000,000
DelawareDover Air Force Base$19,000,000
FloridaCape Canaveral Air Station$8,000,000
Eglin Air Force Base$19,000,000
MacDill Air Force Base$21,000,000
GeorgiaRobins Air Force Base$24,100,000
HawaiiHickam Air Force Base$8,700,000
LouisianaBarksdale Air Force Base$14,600,000
MarylandAndrews Air Force Base$77,648,000
MississippiColumbus Air Force Base$8,100,000
Keesler Air Force Base$6,600,000
MontanaMalmstrom Air Force Base$10,000,000
NebraskaOffutt Air Force Base$11,800,000
NevadaCreech Air Force Base$48,500,000
Nellis Air Force Base$63,100,000
New MexicoHolloman Air Force Base$25,450,000
North CarolinaSeymour Johnson Air Force Base$12,200,000
North DakotaGrand Forks Air Force Base$13,000,000
OklahomaAltus Air Force Base$10,200,000
Tinker Air Force Base$48,600,000
South Carolina Charleston Air Force Base$4,500,000
Shaw Air Force Base$9,900,000
South DakotaEllsworth Air Force Base$11,000,000
TexasDyess Air Force Base$21,000,000
Fort Hood $10,800,000
Lackland Air Force Base $75,515,000
UtahHill Air Force Base$41,400,000
WashingtonMcChord Air Force Base$5,500,000
WyomingFrancis E. Warren Air Force Base$8,600,000
(b)

Outside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

Air Force: Outside the United States
CountryInstallation or LocationAmount
Afghanistan Bagram Airfield $57,200,000
GuamAndersen Air Force Base$5,200,000
KyrgyzstanManas Air Base$6,000,000
United KingdomRoyal Air Force Lakenheath$7,400,000
(c)

Unspecified worldwide

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

Air Force: Unspecified Worldwide
Location Installation or LocationAmount
Worldwide ClassifiedClassified Location$891,000
Worldwide UnspecifiedUnspecified Worldwide Locations$52,500,000
2302.

Family housing

(a)

Construction and acquisition

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

Air Force: Family Housing
LocationInstallation or
Location
PurposeAmount
United KingdomRoyal Air Force Lakenheath182 Units$71,828,000
(b)

Planning and design

Using amounts appropriated pursuant to the authorization of appropriations in section 2304(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $7,708,000.

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(6)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $316,343,000.

2304.

Authorization of appropriations, Air Force

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,057,408,000, as follows:

(1)

For military construction projects inside the United States authorized by section 2301(a), $844,769,000.

(2)

For military construction projects outside the United States authorized by section 2301(b), $75,800,000.

(3)

For the military construction projects at unspecified worldwide locations authorized by section 2301(c), $53,391,000.

(4)

For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $15,000,000.

(5)

For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $73,104,000.

(6)

For military family housing functions:

(A)

For construction and acquisition, planning and design, and improvement of military family housing and facilities, $395,879,000.

(B)

For support of military family housing (including functions described in section 2833 of title 10, United States Code), $599,465,000.

2305.

Extension of authorizations of certain fiscal year 2006 projects

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3501), authorizations set forth in the tables in subsection (b), as provided in section 2302 of that Act, shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2010, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Air Force: Extension of 2006 Project Authorizations
StateInstallation or
Location
ProjectAmount
AlaskaEielson Air Force BaseReplace Family Housing (92 units)$37,650,000
Purchase Build/Lease Housing (300 units)$18,144,000
CaliforniaEdwards Air Force BaseReplace Family Housing (226 units)$59,699,000
FloridaMacDill Air Force BaseReplace Family Housing (109 units)$40,982,000
MissouriWhiteman Air Force BaseReplace Family Housing (111 units)$26,917,000
North CarolinaSeymour Johnson Air Force BaseReplace Family Housing (255 units)$48,868,000
North DakotaGrand Forks Air Force BaseReplace Family Housing (150 units)$43,353,000
2306.

Extension of authorizations of certain fiscal year 2005 projects

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2116), authorizations set forth in the table in subsection (b), as provided in sections 2301 and 2302 of that Act, shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2010, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Air Force: Extension of 2005 Project Authorizations
State/CountryInstallation or LocationProjectAmount
ArizonaDavis-Monthan Air Force BaseReplace Family Housing (250 units)$48,500,000
CaliforniaVandenberg Air Force BaseReplace Family Housing (120 units)$30,906,000
FloridaMacDill Air Force BaseConstruct Housing Maintenance Facility$1,250,000
MissouriWhiteman Air Force BaseReplace Family Housing (160 units)$37,087,000
North CarolinaSeymour Johnson Air Force BaseReplace Family Housing (167 units)$32,693,000
GermanyRamstein Air BaseUSAFE Theater Aerospace Operations Support Center$24,204,000
XXIV

Defense Agencies

A

Defense agency authorizations

2401.

Authorized Defense Agencies construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following tables:

Defense Education Activity
StateInstallation or LocationAmount
KentuckyFort Campbell$21,400,000
North CarolinaFort Bragg$78,471,000
Defense Intelligence Agency
StateInstallation or LocationAmount
IllinoisScott Air Force Base $13,977,000
Defense Logistics Agency
StateInstallation or LocationAmount
CaliforniaDefense Distribution Depot, Tracy$50,300,000
DelawareDefense Fuel Supply Center, Dover Air Force Base$3,373,000
FloridaDefense Fuel Support Point, Jacksonville$34,000,000
GeorgiaHunter Army Air Field$3,500,000
HawaiiPearl Harbor$27,700,000
New MexicoKirtland Air Force Base$14,400,000
OklahomaAltus Air Force Base$2,850,000
PennsylvaniaPhiladelphia$1,200,000
UtahHill Air Force Base$20,400,000
VirginiaCraney Island$39,900,000
National Security Agency
StateInstallation or LocationAmount
MarylandFort Meade$31,000,000
Special Operations Command
StateInstallation or LocationAmount
CaliforniaNaval Amphibious Base, Coronado$9,800,000
FloridaEglin Air Force Base$40,000,000
Hurlburt Field$8,900,000
MacDill Air Force Base$10,500,000
KentuckyFort Campbell$15,000,000
New MexicoCannon Air Force Base$26,400,000
North CarolinaFort Bragg$38,250,000
VirginiaFort Story$11,600,000
WashingtonFort Lewis$38,000,000
TRICARE Management Activity
StateInstallation or LocationAmount
AlaskaFort Richardson$6,300,000
ColoradoBuckley Air Force Base$3,000,000
GeorgiaFort Benning$3,900,000
KansasFort Riley$52,000,000
KentuckyFort Campbell$24,000,000
MarylandAberdeen Proving Ground$430,000,000
MissouriFort Leonard Wood$22,000,000
OklahomaTinker Air Force Base$65,000,000
TexasFort Sam Houston$13,000,000
Washington Headquarters Services
StateInstallation or LocationAmount
VirginiaPentagon Reservation$38,940,000
(b)

Outside the United States

Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following tables:

Defense Logistics Agency
CountryInstallation or LocationAmount
GermanyGermersheim $48,000,000
GreeceSouda Bay$27,761,000
Special Operations Command
CountryInstallation or LocationAmount
QatarAl Udeid$9,200,000
TRICARE Management Activity
CountryInstallation or LocationAmount
GuamNaval Activities$30,000,000
Missile Defense Agency
CountryInstallation or LocationAmount
PolandVarious Locations$661,380,000
Czech RepublicVarious Locations$176,100,000
2402.

Energy conservation projects

Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(6), the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of $80,000,000.

2403.

Authorization of appropriations, Defense Agencies

(a)

In general

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, 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 $1,821,379,000, as follows:

(1)

For military construction projects inside the United States authorized by section 2401(a), $792,811,000.

(2)

For military construction projects outside the United States authorized by section 2401(b), $356,121,000.

(3)

For unspecified minor military construction projects under section 2805 of title 10, United States Code, $31,853,000.

(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, $155,793,000.

(6)

For energy conservation projects authorized by section 2402 of this Act, $80,000,000.

(7)

For support of military family housing, including functions described in section 2833 of title 10, United States Code, and credits to the Department of Defense Family Housing Improvement Fund under section 2883 of title 10, United States Code, and the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374), $54,581,000.

(8)

For the construction of increment 4 of the National Security Agency regional security operations center at Augusta, Georgia, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3497), as amended by section 7016 of the Emergency Supplemental Appropriation Act for Defense, Global War on Terrorism and Hurricane Relief (Public Law 109–234; 120 Stat. 485), $100,220,000.

(9)

For the construction of increment 2 of the Army Medical Research Institute of Infectious Diseases Stage 1 at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2457), $209,000,000.

(10)

For the construction of increment 2 of the SOF Operational Facility at Dam Neck, Virginia, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 521), $31,000,000.

(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 sum of the following:

(1)

The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).

(2)

$528,780,000 (the balance of the amount authorized for the Missile Defense Agency under section 2401(b) for the European interceptor site in Poland.

(3)

$67,540,000 (the balance of the amount authorized for the Missile Defense Agency under section 2401(b) for the European midcourse radar site in the Czech Republic.

(c)

Limitation on european missile defense construction projects

Funds appropriated pursuant to the authorization of appropriations in subsection (a)(2) for the projects authorized for the Missile Defense Agency under section 2401(b) may only be obligated or expended in accordance with the conditions specified in section 232 of this Act.

2404.

Modification of authority to carry out certain fiscal year 2007 project

(a)

Modification

The table relating to TRICARE Management Activity in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2457), is amended in the item relating to Fort Detrick, Maryland, by striking $550,000,000 in the amount column and inserting $683,000,000.

(b)

Conforming amendment

Section 2405(b)(3) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2461) is amended by striking $521,000,000 and inserting $654,000,000.

2405.

Extension of authorization of certain fiscal year 2006 project

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3501), authorizations set forth in the tables in subsection (b), as provided in section 2401 of that Act, shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2010, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Defense Logistics Agency: Extension of 2006 Project Authorization
Installation or LocationProjectAmount
Defense Logistics AgencyDefense Distribution Depot Susquehanna, New Cumberland, Pennsylvania$6,500,000
B

Chemical Demilitarization authorizations

2411.

Authorized chemical demilitarization program construction and land acquisition projects

Using amounts appropriated pursuant to the authorization of appropriations in section 2412(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Chemical Demilitarization Program: Inside the United States
ArmyInstallation or LocationAmount
ArmyBlue Grass Army Depot, Kentucky$12,000,000
2412.

Authorization of appropriations, chemical demilitarization construction, defense-wide

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for military construction and land acquisition for chemical demilitarization in the total amount of $134,278,000, as follows:

(1)

For military construction projects inside the United States authorized by section 2411(a), $12,000,000.

(2)

For the construction of phase 10 of a munitions demilitarization facility at Pueblo Chemical Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839) and section 2407 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), $65,060,000.

(3)

For the construction of phase 9 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 835), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298) and section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), $67,218,000.

2413.

Modification of authority to carry out certain fiscal year 1997 project

(a)

Modifications

The table 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) and section 2407 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2699), is amended—

(1)

under the agency heading relating to the Chemical Demilitarization Program, in the item relating to Pueblo Army Depot, Colorado, by striking $261,000,000 in the amount column and inserting $484,000,000; and

(2)

by striking the amount identified as the total in the amount column and inserting $830,454,000.

(b)

Conforming amendment

Section 2406(b)(2) of the Military Construction Authorization Act for Fiscal Year 1997 (110 Stat. 2779), as so amended, is further amended by striking $261,000,000 and inserting $484,000,000.

2414.

Modification of authority to carry out certain fiscal year 2000 project

(a)

Modifications

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), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298) and section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), is amended—

(1)

under the agency heading relating to Chemical Demilitarization, in the item relating to Blue Grass Army Depot, Kentucky, by striking $290,325,000 in the amount column and inserting $492,000,000; and

(2)

by striking the amount identified as the total in the amount column and inserting $949,920,000.

(b)

Conforming amendment

Section 2405(b)(3) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839), as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1298) and section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), is further amended by striking $267,525,000 and inserting $469,200,000.

XXV

North atlantic treaty organization security investment program

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.

2502.

Authorization of appropriations, NATO

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, 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 $240,867,000.

XXVI

Guard and Reserve Forces Facilities

2601.

Authorized Army National Guard construction and land acquisition projects

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1)(A), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations, and in the amounts, set forth in the following table:

Army National Guard
State LocationAmount
AlabamaFort McClellan$3,000,000
AlaskaBethel Armory$16,000,000
ArizonaCamp Navajo$13,000,000
Florence$13,800,000
Papago Military Reservation$24,000,000
ColoradoDenver$9,000,000
Grand Junction$9,000,000
ConnecticutCamp Rell$28,000,000
East Haven$13,800,000
DelawareNew Castle$28,000,000
FloridaCamp Blanding$12,400,000
GeorgiaDobbins Air Reserve Base$45,000,000
IdahoOrchard Training Area$1,850,000
IllinoisUrbana Armory$16,186,000
IndianaCamp Atterbury$5,800,000
Lawrence$21,000,000
MaineBangor$20,000,000
MarylandEdgewood$28,000,000
Salisbury$9,800,000
MassachusettsMethuen$21,000,000
MichiganCamp Grayling$18,943,000
MinnesotaArden Hills$15,000,000
NevadaElko$11,375,000
New YorkFort Drum$11,000,000
Queensbury$5,900,000
South CarolinaAnderson$12,000,000
Beaufort$3,400,000
Eastover$28,000,000
South DakotaRapid City$43,463,000
UtahCamp Williams$17,500,000
VirginiaArlington$15,500,000
Fort Pickett$2,950,000
VermontEthan Allen Range Jericho$10,200,000
WashingtonFort Lewis (Gray Army Airfield)$32,000,000
2602.

Authorized Army Reserve construction and land acquisition projects

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1)(B), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations, and in the amounts, set forth in the following table:

Army Reserve
StateLocationAmount
CaliforniaFort Hunter Liggett$3,950,000
HawaiiFort Shafter$19,199,000
IdahoHayden Lake$9,580,000
KansasDodge City$8,100,000
MarylandBaltimore$11,600,000
MassachusettsFort Devens$1,900,000
MichiganSaginaw$11,500,000
MissouriWeldon Springs$11,700,000
NevadaLas Vegas$33,900,000
New JerseyFort Dix$3,825,000
New YorkKingston$13,494,000
Shoreham$15,031,000
Staten Island$18,550,000
North CarolinaRaleigh$25,581,000
PennsylvaniaLetterkenny Army Depot$14,914,000
TennesseeChattanooga$10,600,000
TexasSinton$9,700,000
WashingtonSeattle$37,500,000
WisconsinFort McCoy$4,000,000
2603.

Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations, and in the amounts, set forth in the following table:

Navy Reserve and Marine Corps Reserve
StateLocationAmount
CaliforniaLemoore$15,420,000
DelawareWilmington$11,530,000
GeorgiaMarietta$7,560,000
VirginiaNorfolk$8,170,000
Williamsburg$12,320,000
2604.

Authorized Air National Guard construction and land acquisition projects

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3)(A), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations, and in the amounts, set forth in the following table:

Air National Guard
StateLocationAmount
ArkansasLittle Rock Air Force Base$4,000,000
ColoradoBuckley Air Force Base$4,200,000
DelawareNew Castle County Airport$14,800,000
IowaFort Dodge$5,600,000
KansasSmoky Hill Air National Guard Range$7,100,000
MassachusettsOtis Air National Guard Base$14,300,000
MinnesotaDuluth 148th Fighter Wing Base$4,500,000
MississippiGulfport-Biloxi International Airport$3,400,000
New YorkGabreski Airport, Westhampton$7,500,000
Hancock Field$5,000,000
Rhode IslandQuonset State Airport$7,700,000
TennesseeKnoxville$8,000,000
VermontBurlington International Airport$6,600,000
WashingtonMcChord Air Force Base$8,600,000
West VirginiaYeager Airport, Charleston$27,000,000
WisconsinTruax Field$6,300,000
WyomingCheyenne Municipal Airport$7,000,000
2605.

Authorized Air Force Reserve construction and land acquisition projects

Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3)(B), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations, and in the amounts, set forth in the following table:

Air Force Reserve
StateLocationAmount
GeorgiaDobbins Air Reserve Base$6,450,000
OklahomaTinker Air Force Base$9,900,000
2606.

Authorization of appropriations, Guard and Reserve

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, 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), in the following amounts:

(1)

For the Department of the Army—

(A)

for the Army National Guard of the United States, $634,407,000; and

(B)

for the Army Reserve, $281,687,000.

(2)

For the Department of the Navy, for the Navy and Marine Corps Reserve, $57,045,000.

(3)

For the Department of the Air Force—

(A)

for the Air National Guard of the United States, $156,124,000; and

(B)

for the Air Force Reserve, $26,615,000.

2607.

Extension of authorizations of certain fiscal year 2006 projects

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3501), the authorizations set forth in the table in subsection (b), as provided in section 2601 of that Act, shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2010, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Army National Guard: Extension of 2006 Project Authorizations
StateInstallation or LocationProject Amount
CaliforniaCamp RobertsUrban Assault Course$1,485,000
IdahoGowen FieldRailhead, Phase 1$8,331,000
MississippiBiloxiReadiness Center$16,987,000
Camp ShelbyModified Record Fire Range$2,970,000
MontanaTownsendAutomated Qualification Training Range$2,532,000
PennsylvaniaPhiladelphiaStryker Brigade Combat Team Readiness Center$11,806,000
PhiladelphiaOrganizational Maintenance Shop #7$6,144,930
2608.

Extension of authorization of certain fiscal year 2005 project

(a)

Extension

Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2116), the authorization set forth in the table in subsection (b), as provided in section 2601 of that Act, shall remain in effect until October 1, 2009, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2010, whichever is later.

(b)

Table

The table referred to in subsection (a) is as follows:

Army National Guard: Extension of 2005 Project Authorization
StateInstallation or LocationProjectAmount
CaliforniaDublinReadiness Center, Add/Alt (ADRS)$11,318,000
2609.

Modification of authority to carry out certain fiscal year 2008 project

The table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 527) is amended in the item relating to North Kingstown, Rhode Island, by striking $33,000,000 in the amount column and inserting $38,000,000.

XXVII

Base Closure and Realignment activities

2701.

Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for base closure and realignment activities, including real property acquisition and military construction projects, 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) and funded through the Department of Defense Base Closure Account 1990 established by section 2906 of such Act, in the total amount of $393,377,000, as follows:

(1)

For the Department of the Army, $72,855,000.

(2)

For the Department of the Navy, $178,700,000.

(3)

For the Department of the Air Force, $139,155,000.

(4)

For the Defense Agencies, $2,667,000.

2702.

Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005

Using amounts appropriated pursuant to the authorization of appropriations in section 2703, the Secretary of Defense may carry out base closure and realignment activities, including real property acquisition and military construction projects, 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) and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, in the amount of $6,982,334,000.

2703.

Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for base closure and realignment activities, including real property acquisition and military construction projects, 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) and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of such Act, in the total amount of $9,065,386,000, as follows:

(1)

For the Department of the Army, $4,486,178,000.

(2)

For the Department of the Navy, $871,492,000.

(3)

For the Department of the Air Force, $1,072,925,000.

(4)

For the Defense Agencies, $2,634,791,000.

2704.

Modification of annual base closure and realignment reporting requirements

Section 2907 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—

(1)

by striking As part of the budget request for fiscal year 2007 and for each fiscal year thereafter and inserting (a) Reporting requirement.—As part of the budget request for fiscal year 2007 and for each fiscal year thereafter through fiscal year 2016; and

(2)

by adding at the end the following new subsection:

(b)

Termination of reporting requirements related to realignment actions

The reporting requirements under subsection (a) shall terminate with respect to realignment actions after the report submitted with the budget for fiscal year 2014.

.

2705.

Technical corrections regarding authorized cost and scope of work variations for military construction and military family housing projects related to base closures and realignments

(a)

Correction of citation in amendatory language

(1)

In general

Section 2704(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 532) is amended by striking section 2905A both places it appears and inserting section 2906A.

(2)

Effective date

The amendments made by paragraph (1) shall take effect on January 28, 2008, as if included in the enactment of section 2704 of the Military Construction Authorization Act for Fiscal Year 2008.

(b)

Correction of scope or work variation limitation

Section 2906A(f) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), as added by section 2704(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 532) and amended by subsection (a), is amended by striking 20 percent or $2,000,000, whichever is greater and inserting 20 percent or $2,000,000, whichever is less.

XXVIII

Military Construction General Provisions

A

Military Construction Program and Military Family Housing Changes

2801.

Increase in threshold for unspecified minor military construction projects

Section 2805(a)(1) of title 10, United States Code, is amended by striking $2,000,000 in the first sentence and all that follows through the period at the end of the second sentence and inserting $3,000,000..

2802.

Authority to use operation and maintenance funds for construction projects outside the United States

(a)

One-year extension of authority

Subsection (a) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended by section 2810 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2128), section 2809 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3508), section 2802 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2466), and section 2801 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 538), is further amended by striking 2008 and inserting 2009.

(b)

Exception for projects in Afghanistan from limitation on authority related to long-term United States presence

Such subsection, as so amended, is further amended by inserting before the period at the end of paragraph (2) the following: , unless the military installation is located in Afghanistan, in which case the condition shall not apply.

(c)

Quarterly reports

Subsection (d)(1) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended by section 2810 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2128) and section 2809 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3508), is further amended by striking 30 days and inserting 45 days.

2803.

Improved oversight and accountability for military housing privatization initiative projects

(a)

In general

Subchapter IV of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:

2885.

Oversight and accountability for privatization projects

(a)

Oversight and accountability measures

Each Secretary concerned shall prescribe regulations to effectively oversee and manage military housing privatization projects carried out under this subchapter. The regulations shall include the following requirements for each privatization project:

(1)

The installation asset manager shall conduct monthly site visits and provide reports on the progress of the construction or renovation of the housing units. The reports shall be endorsed by the commander at such installation and submitted quarterly to the assistant secretary for installations and environment of the respective military department and the Deputy Under Secretary of Defense (Installations and Environment).

(2)

The installation asset manager, and, as applicable, the resident construction manager, privatization asset manager, bondholder representative, project owner, developer, general contractor, and construction consultant for the project shall conduct monthly meetings to ensure that the construction or renovation of the units meets performance and schedule requirements and that appropriate operating and ground lease agreements are in place and adhered to.

(3)

If a project is 90 days or more behind schedule or otherwise appears to be substantially failing to adhere to the obligations or milestones under the contract, the assistant secretary for installations and environment of the respective military department shall submit a notice of deficiency to the Deputy Under Secretary of Defense (Installations and Environment), the Secretary concerned, the managing member, and the trustee for the project.

(4)
(A)

Not later than 15 days after the submittal of a notice of deficiency under paragraph (3), the Secretary concerned shall submit to the project owner, developer, or general contractor responsible for the project a summary of deficiencies related to the project.

(B)

If the project owner, developer, or general contractor responsible for the project is unable, within 30 days after receiving a notice of deficiency under subparagraph (A), to make progress on the issues outlined in such notice, the Secretary concerned shall submit to the project owner, developer, or general contractor, the bondholder representative, and the trustee an official letter of concern addressing the deficiencies and detailing the corrective actions that should be taken to correct the deficiencies.

(C)

If the project owner, developer, or general contractor responsible for the privatization project is unable, within 60 days after receiving a notice of deficiency under subparagraph (A), to make progress on the issues outlined in such notice, the Deputy Under Secretary of Defense (Installations and Environment) shall notify the congressional defense committees of the status of the project, and shall provide a recommended course of action to correct the problems.

(b)

Community meetings

(1)

Prior to the commencement of privatization project, the assistant secretary for installations and environment of the respective military department and the commanding officer of the local military installation shall hold a meeting with the local community to communicate the following information:

(A)

The nature of the project.

(B)

Any contractual arrangements.

(C)

Potential liabilities to local construction management companies and subcontractors.

(2)

The requirement under paragraph (1) may be met by publishing the information described in such paragraph on the Federal Business Opportunities (FedBizOpps) Internet website.

(c)

Required qualifications

The Secretary concerned shall certify that the project owner, developer, or general contractor that is selected for each military housing privatization initiative project has construction experience commensurate with that required to complete the project.

(d)

Bonding levels

The Secretary concerned shall ensure that the project owner, developer, or general contractor responsible for a military housing privatization initiative project has sufficient payment and performance bonds or suitable instruments in place for each phase of a construction or renovation portion of the project to ensure successful completion of the work in amounts as agreed to in the project's legal documents, but in no case less than 50 percent of the total value of the active phases of the project, prior to the commencement of work for that phase.

(e)

Certifications regrading previous bankruptcy declarations

If a military department awards a contract or agreement for a military housing privatization initiative project to a project owner, developer, or general contractor that has previously declared bankruptcy, the Secretary concerned shall specify in the notification to Congress of the project award the extent to which the issues related to the previous bankruptcy are expected to impact the ability of the project owner, developer, or general contractor to complete the project.

(f)

Communication regarding poor performance

The Deputy Under Secretary of Defense (Installations and Environment) shall prescribe policies to provide for regular and appropriate communication between representatives of the military departments and bondholders for military housing privatization initiative projects to ensure timely action to address inadequate performance in carrying out projects.

(g)

Reporting of efforts To select successor in event of default

In the event a military housing privatization initiative project enters into default, the assistant secretary for installations and environment of the respective military department shall submit a report to the congressional defense committees every 90 days detailing the status of negotiations to award the project to a new project owner, developer, or general contractor.

(h)

Effect of unsatisfactory performance rating on affiliated entities

In the event the project owner, developer, or general contractor for a military construction project receives an unsatisfactory performance rating due to poor performance, each parent, subsidiary, affiliate, or other controlling entity of such owner, developer, or contractor shall also receive an unsatisfactory performance rating.

(i)

Effect of notices of deficiency on contractors and affiliated entities

(1)

The Deputy Under Secretary of Defense (Installations and Environment) shall keep a record of all plans of action or notices of deficiency issued to a project owner, developer, or general contractor under subsection (a)(4), including the identity of each parent, subsidiary, affiliate, or other controlling entity of such owner, developer, or contractor.

(2)

Consultation

Each military department shall consult the records maintained under paragraph (1) when reviewing the past performance of owners, developers, and contractors in the bidding process for a contract or other agreement for a military housing privatization initiative project.

(j)

Procedures for identifying and communicating best practices for transactions

(1)

The Secretary of Defense shall identify best practices for military housing privatization projects, including—

(A)

effective means to track and verify proper performance, schedule, and cash flow;

(B)

means of overseeing the actions of bondholders to properly monitor construction progress and construction draws;

(C)

effective structuring of transactions to ensure the United States Government has adequate abilities to oversee project owner performance; and

(D)

ensuring that notices to proceed on new work are not issued until proper bonding is in place.

(2)

The Secretary shall prescribe regulations to implement the best practices developed pursuant to paragraph (1).

.

(b)

Clerical amendment

The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

2885. Oversight and accountability for privatization projects.

.

2804.

Leasing of military family housing to Secretary of Defense

(a)

Leasing of housing

Subchapter II of chapter 169 of title 10, United States Code, is amended by inserting after section 2837 the following new section:

2838.

Leasing of military family housing to Secretary of Defense

(a)

Authority

(1)

The Secretary of a military department may lease to the Secretary of Defense military family housing in the National Capital Region (as defined in section 2674(f) of this title).

(2)

In determining the military housing unit to lease under this section, the Secretary of Defense should first consider any available military housing units that are already substantially equipped for executive communications and security.

(b)

Rental rate

A lease under subsection (a) shall provide for the payment by the Secretary of Defense of consideration in an amount equal to 105 percent of the monthly rate of basic allowance for housing prescribed under section 403(b) of title 37 for a member of the uniformed services in the pay grade of O–10 with dependents assigned to duty at the military installation on which the leased housing unit is located. A rate so established shall be considered the fair market value of the lease interest.

(c)

Treatment of proceeds

(1)

The Secretary of a military department shall deposit all amounts received pursuant to leases entered into by the Secretary under this section into a special account in the Treasury established for such military department.

(2)

The proceeds deposited into the special account of a military department pursuant to paragraph (1) shall be available to the Secretary of that military department, without further appropriation, for the maintenance, protection, alteration, repair, improvement, or restoration of military housing on the military installation at which the housing leased pursuant to subsection (a) is located.

.

(b)

Clerical amendment

The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

2838. Leasing of military family housing to Secretary of Defense.

.

2805.

Cost-benefit analysis of dissolution of Patrick Family Housing LLC

(a)

Cost-benefit analysis

Not later than 30 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a cost-benefit analysis of dissolving Patrick Family Housing LLC without exercising the full range of rights available to the United States Government to recover damages from the partnership.

(b)

Content

The analysis required under subsection (a) shall include an evaluation of the best practices for executing military housing privatization projects as determined by the Department of Defense and the Secretaries concerned and the other options available to restore the financial health of nonperforming or defaulting projects.

(c)

Temporary moratorium on certain actions

The Secretary of the Air Force may not, in carrying out a military housing privatization project initiated at Patrick Air Force Base, Florida, dissolve the Patrick Family Housing LLC until the Secretary of the Air Force submits the cost-benefit analysis required under subsection (a).

B

Real Property and Facilities Administration

2811.

Participation in conservation banking programs

(a)

In general

Chapter 159 of title 10, United States Code, is amended by inserting after section 2694b the following new section:

2694c.

Participation in conservation banking programs

(a)

Authority To participate

The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged or proposing to engage in an authorized activity that may or will result in an adverse impact on one or more species protected (or pending protection) under any applicable provision of law, or on a habitat for such species, may make payments to a conservation banking program or in-lieu-fee mitigation sponsor approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995) or the Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003), or any successor or related administrative guidance or regulation.

(b)

Facilitation of testing or training activities or military construction

Participation in conservation banking and in-lieu-fee programs under subsection (a) shall be for the purposes of facilitating—

(1)

military testing or training activities; or

(2)

military construction.

(c)

Treatment of payments

Payments made under subsection (a) to a conservation banking program or in-lieu-fee mitigation sponsor for the purpose of facilitating military construction may be treated as eligible project costs for such military construction.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2694b the following new item:

2694c. Participation in conservation banking programs.

.

2812.

Clarification of congressional reporting requirements for certain real property transactions

Section 2662(c) of title 10, United States Code, is amended by striking river and harbor projects or flood control projects and inserting water resource development projects of the Corps of Engineers.

2813.

Modification of land management restrictions applicable to Utah national defense lands

Section 2815 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 852) is amended—

(1)

in subsection (a), by striking that are adjacent to or near the Utah Test and Training Range and Dugway Proving Ground or beneath and inserting that are beneath; and

(2)

by adding at the end the following new subsection:

(e)

Sunset date

This section shall expire on October 1, 2013.

.

C

Land Conveyances

2821.

Transfer of proceeds from property conveyance, Marine Corps Logistics Base, Albany, Georgia

(a)

Transfer authorized

The Secretary of Defense may transfer any proceeds from the sale of approximately 120.375 acres of improved land located at the former Boyett Village Family Housing Complex at the Marine Corps Logistics Base, Albany, Georgia, into the Department of Defense Family Housing Improvement Fund established under section 2883(a)(1) of title 10, United States Code, for carrying out activities under subchapter IV of chapter 169 of that title with respect to military family housing.

(b)

Notification requirement

A transfer of proceeds under subsection (a) may be made only after the end of the 30-day period beginning on the date the Secretary of Defense submits written notice of the transfer to the congressional defense committees.

D

Energy Security

2831.

Expansion of authority of the military departments to develop energy on military lands

(a)

Development of any renewable energy resource

Section 2917 of title 10, United States Code, is amended—

(1)

by inserting (a) Development of renewable energy resources.— before The Secretary of a military department;

(2)

in subsection (a), as designated by paragraph (1), by striking geothermal energy resource and inserting renewable energy resource; and

(3)

by adding at the end the following new subsection:

(b)

Renewable energy resource defined

In this section, the term renewable energy resource has the meaning given the term renewable energy in section 203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)).

.

(b)

Conforming and clerical amendments

(1)

Heading amendment

The heading of such section is amended to read as follows:

2917.

Development of renewable energy resources on military lands

.

(2)

Clerical amendment

The table of sections at the beginning of subchapter I of chapter 173 of such title is amended by striking the item relating to section 2917 and inserting the following new item:

2917. Development of renewable energy resources on military lands.

.

E

Other Matters

2841.

Report on application of force protection and anti-terrorism standards to gates and entry points on military installations

(a)

Report required

Not later than February 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of Department of Defense Anti-Terrorism/Force Protection standards at gates and entry points of military installations.

(b)

Content

The report required under subsection (a) shall include the following:

(1)

A description of the anti-terrorism/force protection standards for gates and entry points.

(2)

An assessment, by installation, of whether the gates and entry points meet anti-terrorism/force protection standards.

(3)

An assessment of whether the standards are met with either temporary or permanent measures, facilities, or equipment.

(4)

A description and cost estimate of each action to be taken by the Secretary of Defense for each installation to ensure compliance with Department of Defense Anti-Terrorism/Force Protection standards using permanent measures and construction methods.

(5)

An investment plan to complete all action required to ensure compliance with the standards described under paragraph (1).

XXIX

War-related military construction authorizations

A

Fiscal Year 2008 Projects

2901.

Authorized Army construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in subsection (c)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Army: Inside the United States
StateInstallation or LocationAmount
AlaskaFort Wainwright$17,000,000
CaliforniaFort Irwin$11,800,000
ColoradoFort Carson$8,400,000
GeorgiaFort Gordon$7,800,000
HawaiiSchofield Barracks$12,500,000
KentuckyFort Campbell$9,900,000
Fort Knox$7,400,000
North CarolinaFort Bragg$8,500,000
OklahomaFort Sill$9,000,000
TexasFort Bliss$17,300,000
Fort Hood$7,200,000
Fort Sam Houston$7,000,000
VirginiaFort Lee$7,400,000
(b)

Outside the united states

Using amounts appropriated pursuant to the authorization of appropriations in subsection (c)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

Army: Outside the United States
CountryInstallation or LocationAmount
Iraq Camp Adder $13,200,000
Camp Ramadi $6,200,000
Fallujah $5,500,000
(c)

Authorization of appropriations

In addition to funds authorized to be appropriated under 2901(c) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 571), funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $162,100,000 as follows:

(1)

For military construction projects inside the United States authorized by subsection (a), $131,200,000.

(2)

For military construction projects outside the United States authorized by subsection (b), $24,900,000.

(3)

For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $6,000,000.

2902.

Authorized Navy construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in subsection (b)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Navy: Inside the United States
StateInstallation or LocationAmount
CaliforniaCamp Pendleton$9,270,000
China Lake$7,210,000
Point Mugu$7,250,000
San Diego$12,299,000
Twentynine Palms$11,250,000
FloridaEglin Air Force Base$780,000
MississippiGulfport$6,570,000
North CarolinaCamp Lejeune$27,980,000
VirginiaYorktown$8,070,000
(b)

Authorization of Appropriations

In addition to funds authorized to be appropriated under 2902(d) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 572), funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $94,731,000 as follows:

(1)

For military construction projects inside the United States authorized by subsection (a), $90,679,000.

(2)

For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $4,052,000.

2903.

Authorized Air Force construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in subsection (c)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Air Force: Inside the United States
CountryInstallation or LocationAmount
CaliforniaBeale Air Force Base$17,600,000
FloridaEglin Air Force Base$11,000,000
New Mexico Cannon Air Force Base$8,000,000
(b)

Outside the United States

Using amounts appropriated pursuant to the authorization of appropriations in subsection (c)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

Air Force: Outside the United States
CountryInstallation or LocationAmount
QatarAl Udeid$60,400,000
(c)

Authorization of appropriations

In addition to funds authorized to be appropriated under 2903(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 573), funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $98,427,000, as follows:

(1)

For military construction projects inside the United States authorized by subsection (a), $36,600,000.

(2)

For military construction projects outside the United States authorized by subsection (b), $60,400,000.

(3)

For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $1,427,000.

2904.

Termination of authority to carry out fiscal year 2008 Army projects

(a)

Termination of authority

The table in section 2901(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 570), is amended—

(1)

in the item relating to Camp Adder, Iraq, by striking $80,650,000 in the amount column and inserting $75,800,000;

(2)

in the item relating to Camp Anaconda, Iraq, by striking $53,500,000 in the amount column and inserting $10,500,000;

(3)

in the item relating to Camp Victory, Iraq, by striking $65,400,000 in the amount column and inserting $60,400,000;

(4)

by striking the item relating to Tikrit, Iraq; and

(5)

in the item relating to Camp Speicher, Iraq, by striking $83,900,000 in the amount column and inserting $74,100,000.

(b)

Conforming amendments

Section 2901(c) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 122 Stat. 571) is amended—

(1)

by striking $1,257,750,000 and inserting $1,152,100,000; and

(2)

in paragraph (2), by striking $1,055,450,000 and inserting $949,800,000.

B

Fiscal year 2009 projects

2911.

Authorized Army construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in subsection (b)(1), the Secretary of the Army may acquire real property and carry out military construction projects to construct or renovate warrior transition unit facilities at the installations or locations inside the United States set forth in the following table:

Army: Inside the United States
StateInstallation or LocationAmount
VariousVarious locations$400,000,000
(b)

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $450,000,000, as follows:

(1)

For military construction projects inside the United States authorized by subsection (a), $400,000,000.

(2)

For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $50,000,000.

(c)

Report required before commencing certain projects

Funds may not be obligated for the projects authorized by this section until 14 days after the date on which the Secretary of Defense submits to the congressional defense committees a report containing a detailed justification for the projects.

2912.

Authorized Navy construction and land acquisition projects

(a)

Inside the United States

Using amounts appropriated pursuant to the authorization of appropriations in subsection (b)(1), the Secretary of the Navy may acquire real property and carry out military construction projects to construct or renovate warrior transition unit facilities at the installations or locations inside the United States set forth in the following table:

Navy: Inside the United States
StateInstallation or LocationAmount
VariousVarious locations$40,000,000
(b)

Authorization of appropriations

Subject to section 2825 of title 10, United States Code, funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2008, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $50,000,000, as follows:

(1)

For military construction projects inside the United States authorized by subsection (a), $40,000,000.

(2)

For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $10,000,000.

(c)

Report required before commencing certain projects

Funds may not be obligated for the projects authorized by this section until 14 days after the date on which the Secretary of Defense submits to the congressional defense committees a report containing a detailed justification for the projects.

2913.

Limitation on availability of funds for certain purposes relating to Iraq

No funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for a purpose as follows:

(1)

To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.

(2)

To exercise United States control of the oil resources of Iraq.

Passed the Senate September 17, 2008.

Secretary