§ 2822. Requirement for authorization of number of family housing units

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1982

   Military Construction Codification Act

   Pub. L. 97–214 § 2(a) · 96 Stat. 153

   Enacted · 10 U.S.C. § 2822

   Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 158

   Source evidence

   Code source credit
   Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 158

   Enacted provision · exact public law section
   (a) Title 10, United States Code, is amended by adding at the end of subtitle A the following new chapter: “CHAPTER 169— MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING “Subchapter “I. Military Construction “II. Military Family Housing “III. Administration of Military Construction and Military Family Housing “SUBCHAPTER I— MILITARY CONSTRUCTION “Sec. “2801. Scope of chapter; definitions. “2802. Military construction projects. “2803. Emergency construction. “2804. Contingency construction. “2805. Unspecified minor construction. “2806. Contributions for North Atlantic Treaty Organization Infrastructure. “2807. Architectural and engineering services and construction design. “2808. Construction authority in the event of a declaration of war or national emergency. “§ 2801. Scope of chapter; definitions “(a) The term ‘military construction’ as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation. “(b) A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law). “(c) In this chapter: “(1) ‘Facility’ means a building, structure, or other improvement to real property. “(2) ‘Military installation’ means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense. “(3) ‘Secretary concerned’ includes the Secretary of Defense with respect to matters concerning the defense agencies. “(4) ‘Appropriate committees of Congress’ means the Committees on Armed Services and on Appropriations of the Senate and House of Representatives. “(d) This chapter does not apply to the Coast Guard or to civil works projects of the Army Corps of Engineers. “§ 2802. Military construction projects “(a) The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects as are authorized by law. “(b) Authority provided by law to carry out a military construction project includes authority for— “(1) surveys and site preparation; “(2) acquisition, conversion, rehabilitation, and installation of facilities; “(3) acquisition and installation of equipment and appurtenances integral to the project; “(4) acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project; and “(5) planning, supervision, administration, and overhead incident to the project. “§ 2803. Emergency construction “(a) Subject to subsections (b) and (c), the Secretary concerned may carry out a military construction project not otherwise authorized by law if the Secretary determines (1) that the project is vital to the national security, and (2) that the requirement for the project is so urgent that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security. “(b) When a decision is made to carry out a military construction Report to congressional committees. project under this section, the Secretary concerned shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (1) the justification for the project and the current estimate of the cost of the project, (2) the justification for carrying out the project under this section, and (3) a statement of the source of the funds to be used to carry out the project. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees, or after each such committee has approved the project, if the committees approve the project before the end of that period. “(c) (1) The maximum amount that the Secretary concerned may obligate in any fiscal year under this section is $30,000,000. “(2) A project carried out under this section shall be carried out within the total amount of funds appropriated for military construction that have not been obligated. “§ 2804. Contingency construction “(a) Within the amount appropriated for such purpose, the Secretary of Defense may carry out a military construction project not otherwise authorized by law, or may authorize the Secretary of a military department to carry out such a project, if the Secretary of Defense determines that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or national interest. “(b) When a decision is made to carry out a military construction project under this section, the Secretary of Defense shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (1) the justification for the Report to congressional committees. project and the current estimate of the cost of the project, and (2) the justification for carrying out the project under this section. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees, or after each such committee has approved the project, if the committees approve the project before the end of that period. “§ 2805. Unspecified minor construction “(a) Within the amount authorized by law for such purpose, the Secretary concerned may carry out minor military construction projects not otherwise authorized by law. A minor military construction project is a military construction project (1) that is for a single undertaking at a military installation, and (2) that has an approved cost equal to or less than the amount specified by law as the maximum amount for a minor military construction project. “(b) (1) A minor military construction project costing more than 50 percent of the amount specified by law as the maximum amount for a minor military construction project may not be carried out under this section unless approved in advance by the Secretary concerned. “(2) When a decision is made to carry out a minor military Notification to congressional committees. construction project to which paragraph (1) is applicable, the Secretary concerned shall notify in writing the appropriate committees of Congress of that decision, of the justification for the project, and of the estimated cost of the project. The project may then be carried out only (A) after the end of the 21-day period beginning on the date the notification is received by the committees, or (B) after each such committee approves the project, if the committees approve the project before the end of that period. “(3) A project for the relocation of any activity from one installation to another that involves 25 or more full-time civilian employees of the Department of Defense but that is not subject to paragraph (1) may not be carried out under the authority of this section until the appropriate committees of Congress have been notified by the Secretary concerned of the intent to carry out such relocation under the authority of this section. “(c) Only funds authorized for minor construction projects may be used to accomplish unspecified minor construction projects, except that the Secretary concerned may spend from appropriations available for operation and maintenance amounts necessary to carry out an unspecified military construction project costing not more than 20 percent of the amount specified by law as the maximum amount for a minor military construction project. “(d) Military family housing projects for construction of new housing units may not be carried out under the authority of this section. “§ 2806. Contributions for North Atlantic Treaty Organization Infrastructure “(a) Within amounts authorized by law for such purpose, the Secretary of Defense may make contributions for the United States share of the cost of multilateral programs for the acquisition and construction of military facilities and installations (including international military headquarters) for the collective defense of the North Atlantic Treaty Area. “(b) Funds may not be obligated or expended in connection with the North Atlantic Treaty Organization Infrastructure program in any year unless such funds have been authorized by law for such program. “(c) (1) The Secretary may make contributions in excess of the amount appropriated for contribution under subsection (a) if the amount of the contribution in excess of that amount does not exceed 200 percent of the amount specified by law as the maximum amount for a minor military construction project. “(2) If the Secretary determines that the amount appropriated Report to congressional committees. for contribution under subsection (a) in any fiscal year must be exceeded by more than the amount authorized under paragraph (1), the Secretary may make contributions in excess of such amount, but not in excess of 125 percent of the amount appropriated (A) after submitting a report in writing to the appropriate committees of Congress on such increase, including a statement of the reasons for the increase and a statement of the source of the funds to be used for the increase, and (B) after either a period of 21 days has elapsed from the date of receipt of the report or after each such committee has indicated approval of the increased contribution. “§ 2807. Architectural and engineering services and construction design “(a) Within amounts appropriated for such purposes, the Secretary concerned may obtain architectural and engineering services and may carry out construction design in connection with military construction projects not otherwise authorized by law. Amounts available for such purposes may be used for construction management of projects that are funded by foreign governments directly or through international organizations and for which elements of the armed forces of the United States are the primary user. “(b) In the case of architectural and engineering services and Notification to congressional committees. construction design to be undertaken under subsection (a) for which the estimated cost exceeds the maximum amount specified by law for the purposes of this section, the Secretary concerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services not less than 21 days before the initial obligation of funds for such services. “(c) If the Secretary concerned determines that the amount Report to congressional committees. authorized for activities under subsection (a) in any fiscal year must be increased the Secretary may proceed with activities at such higher level (1) after submitting a report in writing to the appropriate committees of Congress on such increase, including a statement of the reasons for the increase and a statement of the source of funds to be used for the increase, and (2) after either a period of 21 days has elapsed from the date of receipt of the report or after each such committee has indicated approval of the increased level of activity. “§ 2808. Construction authority in the event of a declaration of war or national emergency “(a) In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the armed forces, the Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may authorize the Secretaries of the military departments to undertake military construction projects, not otherwise authorized by law that are necessary to support such use of the armed forces. Such projects may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated. “(b) When a decision is made to undertake military construction Notification to congressional committees. projects authorized by this section, the Secretary of Defense shall notify the appropriate committees of Congress of the decision and of the estimated cost of the construction projects, including the cost of any real estate action pertaining to those construction projects. “(c) The authority described in subsection (a) shall terminate with Termination. respect to any war or national emergency at the end of the war or national emergency. “SUBCHAPTER II— MILITARY FAMILY HOUSING “Sec. “2821. Requirement for authorization of appropriations for construction and acquisition of military family housing. “2822. Requirement for authorization of number of family housing units. “2823. Determination of availability of suitable alternative housing for acquisition in lieu of construction of new family housing. “2824. Authorization for acquisition of existing family housing in lieu of construction. “2825. Improvements to family housing units. “2826. Limitations on space by pay grade. “2827. Relocation of military family housing units. “2828. Leasing of military family housing. “2829. Multi-year contracts for supplies and services. “2830. Occupancy of substandard family housing units. “2831. Military family housing management account. “2832. Homeowners assistance program. “§ 2821. Requirement for authorization of appropriations for construction and acquisition of military family housing “(a) Except as provided in subsection (b), funds may not be appropriated for the construction, acquisition, leasing, addition, extension, expansion, alteration, relocation, or operation and maintenance of family housing under the jurisdiction of the Department of Defense unless the appropriation of such funds has been authorized by law. “(b) In addition to the funds authorized to be appropriated by law Additional authorization. in any fiscal year for the purposes described in subsection (a), there are authorized to be appropriated such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds appropriated for the purposes described in such paragraph. “(c) Amounts authorized by law for construction of military family housing units include amounts for (1) site preparation (including demolition), (2) installation of utilities, (3) ancillary supporting facilities, (4) shades, screens, ranges, refrigerators, and all other equipment and fixtures installed in such units, and (5) construction supervision, inspection, and overhead. “§ 2822. Requirement for authorization of number of family housing units “(a) Except as otherwise provided in subsection (b) or as otherwise authorized by law, the Secretary concerned may not construct or acquire military family housing units unless the number of units to be constructed or acquired has been specifically authorized by law. “(b) Subsection (a) does not apply to the following: “(1) Housing units acquired under section 404 of the Housing Amendments of 1955 (42 U.S.C. 1594a). “(2) Housing units leased under section 2828 of this title. Post, p. 161. “(3) Housing units acquired under the Homeowners Assistance Program referred to in section 2833 of this title. “§ 2823. Determination of availability of suitable alternative housing for acquisition in lieu of construction of new family housing “(a) Before entering into a contract for the construction of family housing units authorized by law to be constructed at a location within the United States, the Secretary concerned shall consult in writing with the Secretary of Housing and Urban Development as to the availability of suitable alternative housing at such location. The Secretary of Housing and Urban Development shall advise the Secretary concerned in writing as to the availability of such housing. If the Secretary of Housing and Urban Development does not advise the Secretary concerned as to the availability of such housing within 21 days of the date on which the request for such advice is made, the Secretary concerned may enter into a contract for the proposed construction. “(b) If the Secretary concerned and the Secretary of Housing and Notification to congressional committees. Urban Development disagree with respect to the availability of suitable alternative housing at any location, the Secretary concerned shall notify the appropriate committees of Congress, in writing, of the disagreement, of the Secretary’s decision to proceed with the construction, and of the justification for proceeding with the construction. A contract for construction of family housing units at such location may not then be entered into until the end of the 21-day period beginning on the date such committees receive the notification. “(c) If the Secretary concerned and the Secretary of Housing and Urban Development agree that suitable alternative housing is available at a location at which military family housing units are authorized to be constructed, the Secretary may not proceed with such construction. “(d) The Secretary of Defense shall prescribe regulations to define Regulations. what constitutes suitable alternative housing for the purposes of this section. “§ 2824. Authorization for acquisition of existing family housing in lieu of construction “(a) In lieu of constructing any family housing units authorized by law to be constructed, the Secretary concerned may acquire sole interest in existing family housing units that are privately owned or that are held by the Department of Housing and Urban Development, except that in foreign countries the Secretary concerned may acquire less than sole interest in existing family housing units. “(b) When authority provided by law to construct military family Land interests. housing units is used to acquire existing family housing units under subsection (a), the authority includes authority to acquire interests in land. “(c) The net floor area of a family housing unit acquired under the authority of this section may not exceed the applicable limitation specified in section 2826 of this title. Infra. “(d) Family housing units may not be acquired under this section through the exercise of eminent domain authority. “§ 2825. Improvements to family housing units “(a) (1) Authority provided by law to improve existing military family housing units and ancillary family housing support facilities is authority to make alterations, additions, expansions, and extensions. “(2) In this section, ‘improvement’ includes rehabilitation of a “Improvement.” housing unit and maintenance or repair work to be accomplished concurrently with an improvement project. “(b) (1) Funds may not be expended for the improvement of any Limitations. single family housing unit, or for the improvement of two or more housing units that are to be converted into or are to be used as a single family housing unit, if the cost per unit of such improvement will exceed an amount specified by law for such purpose multiplied by the area construction cost index as developed by the Department of Defense for the location concerned at the time of contract award. “(2) In determining the applicability of the limitation contained in paragraph (1), there shall be included as part of the cost of the improvement the cost of repairs undertaken in connection with the improvement and any cost in connection with (A) the furnishing of electricity, gas, water and sewage disposal, (B) the construction or repair of roads and walks, and (C) grading and drainage work. “(c) This section does not apply to projects authorized for restoration or replacement of housing units that have been damaged or destroyed. “§ 2826. Limitations on space by pay grade “(a) In the construction, acquisition, and improvement of military family housing units, the following are the space limitations for the applicable numbers of bedrooms permitted for each pay grade: Pay grade Number of bedrooms Net floor area (square feet) 0–7 and above 4 2,100 0–6 4 1,700 0–4 and 0–5 4 1,550 3 1,400 0–1 through 0–3; W–1 through W–4; and E–7 through E–9 5 1,550 Pay grade Number of bedrooms Net floor area (square feet) E–1 through E–6. 4 1,450 3 1,350 2 950 5 1,550 4 1,350 3 1,200 2 950 “(b) The applicable maximum net floor area prescribed by subsection (a) may be increased by 10 percent for the housing unit of an officer holding a special command position (as designated by the Secretary of Defense), for the housing unit of the commanding officer of a military installation, and for the senior noncommissioned officer of a military installation. “(c) The maximum net floor area prescribed by subsection (a) may be increased in any case by 5 percent if the Secretary concerned determines that the increase is in the best interest of the Government (1) to permit award of a turnkey construction contract to the contractor offering the most satisfactory proposal, or (2) to permit purchase, lease, or conversion of housing units. An increase in the maximum net floor area of a housing unit under subsection (b) when combined with an increase in the maximum net floor area of such unit under this subsection may not exceed 10 percent of the otherwise applicable limitation prescribed by subsection (a). “(d) (1) The Secretary concerned may waive the provisions of subsection Waiver. (a) with respect to a family housing unit leased in a foreign country if a suitable family housing unit within the applicable maximum net floor area prescribed by such subsection cannot be obtained. “(2) Subsection (a) does not apply to family housing units in foreign countries constructed or acquired by the Secretary of State for occupancy by members of the armed forces. “(e) The maximum net floor areas prescribed by this section apply Civilian personnel. to family housing provided to civilian personnel based upon civilian pay scale comparability with military pay grades, as determined by the Secretary of Defense. “(f) In this section, ‘net floor area’ means the total number of “Net floor area.” square feet of the floor space inside the exterior walls of a structure, excluding the floor area of an unfinished basement, an unfinished attic, a utility space, a garage, a carport, an open or insect-screened porch, a stairwell, and any space used for a solar-energy system. “§ 2827. Relocation of military family housing units “(a) Subject to subsection (b), the Secretary concerned may relocate existing military family housing units from any location where the number of such units exceeds requirements for military family housing to any military installation where there is a housing shortage. “(b) A contract to carry out a relocation of military family housing Notification to congressionalcommittees. units under subsection (a) may not be awarded until (1) the Secretary concerned has notified the appropriate committees of Congress of the proposed new locations of the housing units to be relocated and the estimated cost of and source of funds for the relocation, and (2) a period of 21 days has elapsed after the notification has been received by those committees. “§ 2828. Leasing of military family housing “(a) (1) Subject to paragraph (2), the Secretary of the military department concerned may lease housing facilities at or near a military installation in the United States, Puerto Rico, or Guam for assignment, without rental charge, as family housing to members of the Armed Forces and for assignment, with fair market rental charge, as family housing to civilian employees of the Department of Defense stationed at such installation. “(2) A lease may only be made under paragraph (1) if the Secretary Conditions. concerned finds that there is a shortage of adequate housing at or near such military installation and that— “(A) the requirement for such housing is temporary; “(B) leasing would be more cost effective than construction or acquisition of new housing; “(C) family housing is required for personnel attending service school academic courses on permanent change of station orders; “(D) construction of family housing at such installation has been authorized by law but is not yet completed; or “(E) a military construction authorization bill pending in Congress includes a request for authorization of construction of family housing at such installation. “(b) (1) Not more than 10,000 family housing units may be leased at any one time under subsection (a). “(2) Except as provided in paragraph (3), expenditures for the rental of housing units under subsection (a) (including the cost of utilities, maintenance, and operation) may not exceed the amount specified by law as the maximum annual domestic family housing unit lease amount. “(3) Not more than 500 housing units may be leased under subsection (a) for which the expenditure for the rental of such units (including the cost of utilities, maintenance, and operation) exceeds the maximum annual domestic family housing unit lease amount but does not exceed 120 percent of that amount. “(c) The Secretary concerned may lease housing facilities in foreign Foreign housing facilities; conditions. countries for assignment, without rental charge, as family housing to members of the Armed Forces and for assignment, with or without rental charge, as family housing to civilian employees of the Department of Defense— “(1) under circumstances specified in clause (A), (B), (D), or (E) of subsection (a)(2); “(2) for incumbents of special command positions (as determined by the Secretary of Defense); “(3) in countries where excessive costs of housing or other lease terms would cause undue hardship on Department of Defense personnel; and “(4) in countries that prohibit leases by individual military or civilian personnel of the United States. “(d) Leases of housing units in foreign countries under subsection Leasing period, limitation. (c) for assignment as family housing may be for any period not in excess of ten years, and the costs of such leases for any year may be paid out of annual appropriations for that year. “(e) (1) Expenditures for the rental of family housing in foreign Maximum letise amount. countries (including the costs of utilities, maintenance, and oper-ation) may not exceed the amount specified by law as the maximum annual foreign family housing unit lease amount. That maximum Waiver. lease amount may be waived by Secretary concerned with respect to not more than a total of 200 such units that are leased for incumbents of special positions or for personnel assigned to Defense Attache Offices or that are leased in countries where excessive costs of housing would cause undue hardship on Department of Defense personnel. “(2) The maximum number of family housing units that may be leased in foreign countries under this section at any one time shall be specified by law. “(f) A lease for family housing facilities, or for real property Notification to congressional committees. related to family housing facilities, in a foreign country for which the average estimated annual rental during the term of the lease exceeds the amount specified by law for such purpose may not be made under this section until (1) the Secretary concerned provides to the appropriate committees of Congress written notification of the facts concerning the proposed lease, and (2) a period of 21 days elapses after the notification is received by those committees. “§ 2829. Multi-year contracts for supplies and services “The Secretary concerned may make contracts for periods of up to four years for supplies and services for the management, maintenance, and operation of military family housing and may pay the costs of such contracts for each year out of annual appropriations for that year. “§ 2830. Occupancy of substandard family housing units “(a) (1) A member of the uniformed services with dependents may, without loss of the member’s basic allowance for quarters, occupy a substandard family housing unit under the jurisdiction of the Secretary of a military department. “(2) Occupancy of a family housing unit under paragraph (1) shall be subject to a charge against the member’s basic allowance for quarters in the amount of the fair rental value of the housing unit. However, such a charge may not be made in an amount in excess of 75 percent of the amount of such allowance. “(b) Subject to regulations prescribed by the Secretary of Defense, the Secretary of a military department may lease substandard family housing units to members of any of the uniformed services for occupancy by such members. “(c) In this section, ‘uniformed services’ means the armed forces “Uniformed services.” and the commissioned corps of the Public Health Service and of the National Oceanic and Atmospheric Administration. “§ 2831. Military family housing management account “(a) There is on the books of the Treasury an account known as the Department of Defense Military Family Housing Management Account (hereinafter in this section referred to as the ‘account’). The account shall be used for the management and administration of funds appropriated or otherwise made available to the Department of Defense for military family housing programs. “(b) The account shall be administered as a single account. There Transfer of funds. shall be transferred into the account— “(1) appropriations made for the purpose of, or which are available for, the payment of costs arising in connection with the construction, acquisition, leasing, relocation, operation and maintenance, and disposal of military family housing, including the cost of principal and interest charges, and insurance premiums, arising in connection with the acquisition of such housing, and mortgage insurance premiums payable under section 222(c) of the National Housing Act (12 U.S.C. 1715m(c)); “(2) proceeds from the rental of family housing and mobile home facilities under the control of a military department, reimbursements from the occupants of such facilities for services rendered (including utility costs), funds obtained from individuals as a result of losses, damages, or destruction to such facilities caused by the abuse or negligence of such individuals, and reimbursements from other Government agencies for expenditures from the account; and “(3) proceeds of the handling and the disposal of family housing of a military department (including related land and improvements), whether carried out by a military department or any other Federal agency, but less those expenses payable pursuant to section 204(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(b)). “(c) Amounts in the account shall remain available until spent. “(d) The Secretary concerned may make obligations against the account, in such amounts as may be specified from time to time in appropriation Acts, for the purpose of defraying, in the manner and to the extent authorized by law, the costs referred to in subsection (b). “§ 2832. Homeowners assistance program “The Secretary of Defense may exercise the authority provided in section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374). “SUBCHAPTER III— ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING “Sec. “2851. Supervision of military construction projects. “2852. Military construction projects: waiver of certain restrictions. “2853. Authorized cost variations. “2854. Restoration or replacement of damaged or destroyed facilities. “2855. Law applicable to contracts for architectural and engineering services and construction design. “2856. Limitations on barracks space by pay grade. “2857. Use of solar energy systems. “2858. Limitation on the use of funds for expediting a construction project. “2859. Transmission of annual military construction authorization request. “2860. Availability of appropriations for five years. “2861. Annual report to Congress. “§ 2851. Supervision of military construction projects “(a) Each contract entered into by the United States in connection with a military construction project or a military family housing project shall be carried out under the direction and supervision of the Secretary of the Army (acting through the Chief of Engineers), the Secretary of the Navy (acting through the Commander of the Naval Facilities Engineering Command), or such other department or Government agency as the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective completion of the project. “(b) A military construction project for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense shall be accomplished by or through a military department designated by the Secretary of Defense. “§ 2852. Military construction projects: waiver of certain restrictions “(a) The Secretary of Defense and the Secretaries of the military departments may carry out authorized military construction projects and authorized military family housing projects without regard to section 3648 of the Revised Statutes (31 U.S.C. 529). “(b) Authority to carry out a military construction project or a military family housing project on land not owned by the United States may be exercised (1) before title to the land on which the project is to be carried out is approved under section 355 of the Revised Statutes (40 U.S.C. 255), and (2) even though the land is held temporarily. “§ 2853. Authorized cost variations “(a) (1) Except as provided in paragraph (2), the cost authorized for a military construction project (other than a project for which the approved amount is less than the amount specified by law as the maximum amount for a minor military construction project) may be increased by not more than 25 percent of the amount appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (A) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (B) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress. “(2) A military construction project (other than a project for which the approved amount is less than the amount specified by law as the maximum amount for a minor military construction project) may not be placed under contract if, based upon bids received— “(A) the scope of work for the project, as approved by Congress, is proposed to be reduced by more than 25 percent; or “(B) the current working estimate of the cost of the project exceeds the amount appropriated for the project by more than (i) 25 percent, or (ii) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, until subsection (d) is complied with. “(b) If the amount approved for a project is less than the amount specified by law as the maximum amount for a minor military construction project, that approved amount may be increased to more than such maximum amount if the Secretary concerned determines (1) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (2) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved. However, if, based upon bids received, the current working estimate of the cost of such a project is more than such maximum amount and is more than 125 percent of the original approved amount for the project, the project may not be placed under contract until subsection (d) is complied with. “(c) The amount authorized by law for the cost of authorized construction and acquisition of a military family housing project may be increased above the amount appropriated for such project if the Secretary determines (1) that the increase is required for the sole purpose of meeting unforeseen variations in cost, and (2) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress. However, such amount may not be increased by more than 25 percent until subsection (d) is complied with. “(d) The limitation on reduction in scope of work in subsection (a), and the limitations on cost increases in subsections (a), (b), and (c), do not apply if— “(1) the reduction in scope of work or the increase in cost, as the case may be, is approved by the Secretary concerned; “(2) a written notification of the facts relating to the proposed reduced scope of work or increased cost (including a statement of the reasons therefor) is submitted by the Secretary concerned to the appropriate committees of Congress; and “(3) either 21 days have elapsed from the date of the submission of the notification under clause (2) or each of the appropriate committees of Congress has indicated approval of the proposed reduced scope of work or increased cost. “(e) After a contract for a project has been entered into, the Secretary concerned may carry out such project in an amount above the amount appropriated for such project by Congress in order to meet the costs of change orders or contractor claims. In the case of a Reports to congressional committees. contract to be carried out above the amount appropriated for which there has not been a cost variation under subsection (a), (b), (c), or (d), the Secretary concerned shall promptly report to the appropriate committees of Congress on the revised cost for the project and the reasons for the revised cost if the total cost under the contract exceeds the amount appropriated for the project by more than 25 percent. In the case of a contract to be carried out above the amount appropriated for which there has been a cost variation under subsection (a), (b), (c), or (d), the Secretary concerned shall promptly report to the appropriate committees of Congress on the revised cost for the project and the reasons for the revised cost, regardless of the amount by which the revised cost exceeds the amount approved for the project by the modification under subsection (a), (b), (c), or (d). “§ 2854. Restoration or replacement of damaged or destroyed facilities “(a) Subject to subsection (b), the Secretary concerned may repair, restore, or replace a facility under his jurisdiction, including a family housing facility, that has been damaged or destroyed. “(b) When a decision is made to carry out construction under this Notification of congressional committees. section and the cost of the repair, restoration, or replacement is greater than the maximum amount for a minor construction project, the Secretary concerned shall notify in writing the appropriate committees of Congress of that decision, of the justification for the project, of the current estimate of the cost of the project, of the source of funds for the project, and of the justification for carrying out the project under this section. The project may then be carried out only (1) after the end of the 21-day period beginning on the date the notification is received by such committees, or (2) after each such committee has approved the project, if the committees approve the project before the end of that period. “§ 2855. Law applicable to contracts for architectural and engineering services and construction design “Contracts for architectural and engineering services and construction design in connection with a military construction project or a military family housing project shall be awarded in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.). “§ 2856. Limitations on barracks space by pay grade “(a) The Secretary of Defense shall prescribe regulations establishing Regulations. the maximum allowable net square feet per occupant for new permanent barracks construction. Such regulations shall be uniform for the armed forces under the jurisdiction of the Secretary of a military department. “(b) Before taking effect, any regulations under this section, and Submittal to congressional committees. any modifications to such regulations, shall be submitted to the appropriate committees of Congress. Such regulations (including any modifications to such regulations) may not then take effect until 21 days after being received by such committees. “§ 2857. Use of solar energy systems “(a) The Secretary of Defense shall encourage the use of solar energy systems as a source of energy for military construction projects (including military family housing projects) where use of solar energy would be practical and economically feasible. “(b) (1) The Secretary concerned shall require that the design of all new facilities (including family housing) shall include consideration of solar energy systems in those cases in which use of solar energy has the potential for significant savings of fossil-fuel-derived energy. “(2) The Secretary concerned shall require that contracts for construction resulting from such design include a requirement that solar energy systems be installed if such systems can be shown to be cost effective. “(c) (1) For the purposes of this section, a solar energy system for a facility shall be considered to be cost effective if the difference between (A) the original investment cost of the energy system for the facility with a solar energy system, and (B) the original investment cost of the energy system for the facility without a solar energy system can be recovered over the expected life of the facility. “(2) A determination under paragraph (1) of whether a cost-differential can be recovered over the expected life of a facility shall be made using accepted life-cycle costing procedures and shall include— “(A) the use of all capital expenses and all operating and maintenance expenses associated with the energy system with and without a solar energy system over the expected life of the facility or during a period of 25 years, whichever is shorter; “(B) the use of fossil fuel costs (and a rate of cost growth for fossil fuel costs) as determined by the Secretary of Defense; and “(C) the use of a discount rate of 7 percent per year for all expenses of the energy system. “(3) For the purpose of any life-cycle cost analysis under this subsection, the original investment cost of the solar energy system shall be reduced by 10 percent to reflect an allowance for an investment cost credit. “(d) In order to equip a military construction project (including a military family housing project) with solar heating equipment, solar cooling equipment, or both solar heating and solar cooling equipment, or with a passive solar energy system, the Secretary concerned may authorize an increase in any otherwise applicable limitation with respect to the number of square feet or the cost per square foot of the project by such amount as may be necessary for such purpose. Any such increase under this subsection shall be in addition to any other administrative increase in cost per square foot or variation in floor area authorized by law. “§ 2858. Limitation on the use of funds for expediting a construction project “Funds appropriated for military construction (including military family housing) may not be expended for additional costs involved in expediting a construction project unless the Secretary concerned (1) certifies that expenditures for such costs are necessary to protect the national interest, and (2) establishes a reasonable completion date for the project. In establishing such a completion date, the Secretary shall take into consideration the urgency of the requirement for completion of the project, the type and location of the project, the climatic and seasonal conditions affecting the construction involved, and the application of economical construction practices. “§ 2859. Transmission of annual military construction authorization request “The Secretary of Defense shall transmit to Congress the annual request for military construction authorization for a fiscal year during the first 10 days after the President transmits to Congress the Budget for that fiscal year pursuant to section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11). “§ 2860. Availability of appropriations for five years “(a) Subject to the provisions of appropriation Acts and except as otherwise provided under subsection (b), any funds appropriated to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were appropriated if the funds obligated for such project (1) are obligated from funds available for military construction projects, and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. “(b) Should a requirement develop to obligate funds for a military Notification of congressional committees. construction project after the end of the fourth fiscal year after the fiscal year for which such funds were appropriated, such obligation may be made after the end of the 21-day period beginning on the date on which the appropriate committees of Congress receive notification of the need for such obligation and the reasons therefor. “§ 2861. Annual report to Congress “(a) The Secretary of Defense shall submit a report to the appropriate committees of Congress each year with respect to military construction activities and military family housing activities. Each such report shall be submitted at the same time that the annual request for military construction authorization is submitted for that year. Except where otherwise provided in this section, information required by this section to be provided in the report shall be provided for the two most recent fiscal years and for the fiscal year for which the budget request is made. “(b) Each report under subsection (a) shall include the following: “(1) A statement of the construction status and a fiscal summary of the military construction projects undertaken under, and the amounts authorized and appropriated for, contingency construction under section 2804 of this title. Ante, p. 155 “(2) Information to enable the committees to evaluate the relationships between budget requests for appropriations for unspecified minor construction projects under section 2805 of this title and obligations of appropriated funds for projects under such section. Such information shall include comparisons of budget requests and obligations using military construction appropriations and using operations and maintenance appropriations, maintenance and repair backlog, and obligations for maintenance and repair. “(3) Information to enable the committees to monitor trends in construction started using funds contributed by the United States under section 2806 of this title to the North Atlantic Ante, p. 156 Treaty Organization Infrastructure program and the status of recoupments under that program. “(4) Information to enable the committees to evaluate trends in contracting for architect and engineering services and construction design, and trends in accomplishing design of construction projects by Government employees, under the authority of section 2807 of this title. Ante, p. 156 “(5) Information to enable the committees to evaluate trends in supervision, inspection, and overhead costs for the dollar amount of military construction accomplished during a fiscal year by a military construction department or agency under the authority of section 2851 of this title. Ante, p. 163. “(6) A summary of military construction projects (other than a military construction project for an amount less than the amount specified by law as the maximum amount for a minor military construction project) placed under contract during the preceding fiscal year with respect to which a cost variation or scope reduction report was supplied to the appropriate committees of Congress under section 2853 of this title. There shall also Ante, p. 164 be included an analysis to indicate whether the cost variation was the result of a lack of competition, quality of plans and specifications, or quality of budget estimates, or of other factors. “(7) Information to enable the committees to evaluate the use of the authority provided under section 2858 to expedite a Ante, p. 167 military construction project when such expediting is required to protect the national interest. “(8) Information in sufficient detail to enable the committees to monitor trends in design, construction, performance goals, and progress. “(9) With respect to each contract awarded during the preceding fiscal year on other than a competitive basis to the lowest responsible bidder, the name of the contractor, the original amount of the contract, and the reason for the award of the contract on other than a competitive basis.”.

2. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 title XIV § 1405(44) · 98 Stat. 2492

   Substituted · 10 U.S.C. § 2822(b)(3)

   Pub. L. 98–525 substituted “section 2832” for “section 2833”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 98–525 substituted “section 2832” for “section 2833”.

   Enacted provision · exact public law section
   (44) Section 2822(b)(3) is amended by striking out “section 2833” and inserting in lieu thereof “section 2832”.

3. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 div. B · 101 Stat. 1019

   Added · 10 U.S.C. § 2822(b)(4)

   Pub. L. 100–180 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 100–180 added par. (4).

   Enacted provision · exact public law
   DIVISION B— MILITARY CONSTRUCTION AUTHORIZATIONS SEC. 2001 SHORT TITLE This division may be cited as the “Military Construction Authorization Act, 1988 and 1989”. SEC. 2002 EXPLANATION OF ALTERNATIVE LEVELS In this division the dollar amount authorized for projects at certain military installations and the dollar amount authorized to be appropriated for certain purposes are shown in two different amounts, the second amount being set forth in parentheses immediately after the first. An explanation of the reasons for the two amounts and the rule for determining which dollar amount is to be effective appears in section 3 of this Act. Subdivision 1—Fiscal Year 1988 TITLE I—ARMY SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS (a) Inside the United States.—The Secretary of the Army may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations inside the United States: united states army forces command Fort Bragg, North Carolina, $54,790,000 ($41,990,000). Fort Campbell, Kentucky, $12,410,000. Fort Carson, Colorado, $2,050,000. Fort Devens, Massachusetts, $1,840,000. Fort Greely, Alaska, $6,400,000. Fort Hood, Texas, $31,500,000. Fort Hunter Liggett, California, $1,000,000. Fort Irwin, California, $4,450,000. Fort Lewis, Washington, $960,000. Fort McCoy, Wisconsin, $720,000. Fort McPherson, Georgia, $1,400,000. Fort Ord, California, $6,890,000. Fort Pickett, Virginia, $390,000. Fort Polk, Louisiana, $490,000. Fort Riley, Kansas, $4,850,000. Fort Sam Houston, Texas, $3,300,000. Fort Stewart, Georgia, $13,570,000. Fort Wainwright, Alaska, $54,100,000. Presidio of San Francisco, California, $1,550,000. united states army western command Aliamanu Military Reservation, Hawaii, $5,000,000. Hawaii Various, $12,300,000. Schofield Barracks, Hawaii, $38,850,000 ($18,850,000). united states army training and doctrine command Fort Belvoir, Virginia, $15,610,000. Fort Benjamin Harrison, Indiana, $6,900,000 ($0). Fort Benning, Georgia, $11,700,000. Fort Bliss, Texas, $13,040,000. Fort Dix, New Jersey, $1,650,000. Fort Knox, Kentucky, $3,400,000. Fort Hamilton, New York, $960,000. Fort Lee, Virginia, $14,350,000. Fort Leonard Wood, Missouri, $10,000,000. Fort McClellan, Alabama, $4,700,000. Fort Rucker, Alabama, $5,700,000. military district of washington Cameron Station, Virginia, $400,000. united states army materiel command Aberdeen Proving Ground, Maryland, $7,160,000. Army Materiel Research Command, Massachusetts, $15,000,000. Anniston Army Depot, Alabama, $2,100,000. Corpus Christi Army Depot, Texas, $2,950,000. Dugway Proving Ground, Utah, $9,200,000 ($5,250,000). Fort Wingate, New Mexico, $370,000. Hawthorne Army Ammunition Plant, Nevada, $6,500,000. Lake City Army Ammunition Plant, Missouri, $21,000,000. Letterkenny Army Depot, Pennsylvania, $2,000,000. Lexington-Blue Grass Depot Activity, Kentucky, $570,000. Navajo Depot Activity, Arizona, $4,000,000. Pine Bluff Arsenal, Arkansas, $2,000,000. Pueblo Depot Activity, Colorado, $620,000. Red River Army Depot, Texas, $7,950,000. Redstone Arsenal, Alabama, $21,000,000. Savanna Army Depot, Illinois, $2,550,000. Seneca Army Depot, New York, $1,250,000. Sierra Army Depot, California, $2,600,000. Tooele Army Depot, Utah, $6,700,000. Umatilla Depot Activity, Oregon, $1,050,000. united states army information systems command Fort Huachuca, Arizona, $1,250,000. Fort Ritchie, Maryland, $16,500,000. united states military academy United States Military Academy, New York, $26,200,000 ($11,400,000). united states army health services command Walter Reed Army Medical Center, District of Columbia, $1,300,000. military traffic management command Bayonne Military Ocean Terminal, New Jersey, $2,010,000. Sunny Point Military Ocean Terminal, North Carolina, $2,190,000. assistant chief of engineers Classified, United States, $4,000,000. (b) Outside the United States.—The Secretary of the Army may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations outside the United States: united states army, japan Japan Various, $11,250,000. eighth united states army Camp Casey, Korea, $28,000,000. Camp Castle, Korea, $3,200,000. Camp Hovey, Korea, $11,800,000. Camp Howze, Korea, $4,150,000. Camp Jackson, Korea, $4,350,000. Camp Kyle, Korea, $2,750,000. Camp Mercer, Korea, $720,000. Camp Nimble, Korea, $2,200,000. Camp Page, Korea, $5,900,000. Camp Red Cloud, Korea, $8,500,000. Korea, Various, $4,850,000. Yongsan, Korea, $3,750,000. ballistic missile defense systems command Kwajalein, $26,560,000. united states army south Honduras, $4,150,000. united states army europe and seventh army Bad Kreuznach, Germany, $10,200,000. Baumholder, Germany, $10,800,000. Einsiedlerhof, Germany, $5,900,000. Giessen, Germany, $1,250,000. Grafenwoehr, Germany, $5,700,000. Hanau, Germany, $1,300,000. Hohenfels, Germany, $15,500,000. Mainz, Germany, $1,100,000. Rheinberg, Germany, $16,950,000. Stuttgart, Germany, $14,200,000. Various, Germany, $19,500,000. Vilseck, Germany, $60,400,000. Wiesbaden, Germany, $38,900,000. Wildflecken, Germany, $16,100,000. Zweibruecken, Germany, $1,900,000. SEC. 2102. FAMILY HOUSING (a) Construction and Acquisition.— The Secretary of the Army may construct or acquire family housing units (including land acquisition), using amounts appropriated pursuant to section 2104(a)(6)(A), at the following installations in the number of units shown, and in the amount shown, for each installation: Fort Rucker, Alabama, seven manufactured home spaces, $110,000. Fort Wainwright, Alaska, fifty-nine units, $10,800,000. Fort Irwin, California, two hundred and seventy units (two hundred and twenty-five units), $30,000,000 ($24,000,000). Fort Ord, California, two hundred and eleven units, $19,000,000, of which not more than twenty-four units may be constructed at Fort Hunter Liggett, California. Bamberg, Germany, one hundred and six units, $11,200,000. Baumholder, Germany, one hundred and fifty-two units, $12,600,000. Various Locations, Germany, two hundred and twenty-eight units, funded under section 2103. Vilseck, Germany, one hundred and eighty-eight units, $17,000,000. Helemano, Hawaii, two hundred units, $21,000,000. Pearl City, Hawaii, sixty units, $6,700,000. Schofield Barracks, Hawaii, one hundred units, $11,200,000. Saint Louis Support Center, Illinois, one hundred units, $9,700,000. Fort Polk, Louisiana, three hundred and fifty units, $27,000,000. Fort Hood, Texas, one hundred and fifty units, $9,400,000. Fort A.P. Hill, Virginia, twenty-five units, $2,200,000. Fort Eustis, Virginia, thirty-two manufactured home spaces, $480,000. (b) Planning and Design.—The Secretary of the Army may carry out architectural and engineering services and construction design activities, using amounts appropriated pursuant to section 2104(a)(6)(A), with respect to the construction or improvement of military family housing units in an amount not to exceed $21,900,000. SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS (a) In General.—Subject to section 2825 of title 10, United States Code, the Secretary of the Army may improve, using amounts appropriated pursuant to section 2104(a)(6)(A), existing military family housing units in an amount not to exceed $108,000,000 ($100,000,000), of which $9,223,000 is available only for energy conservation projects. (b) Waiver of Maximum Per Unit Cost for Certain Improvement Projects.— Notwithstanding the maximum amount per unit for an improvement project under section 2825(b) of title 10, United States Code, the Secretary of the Army may carry out projects to improve existing military family housing units at the following installations in the number of units shown, and in the amount shown, for each installation: Sharpe Army Depot, California, thirty units, $1,300,000. Fort McNair, District of Columbia, four units, $220,000. Fort Riley, Kansas, one hundred and twenty-eight units, $5,100,000. Fort Leonard Wood, Missouri, fifteen units, $600,000. Fort Belvoir, Virginia, one hundred and ninety-eight units, $8,800,000. Various locations, Germany, convert unused attic space and upgrade one hundred and two units into three hundred and thirty adequate units, $24,388,000. (c) General Officer Housing Exception.—(1) Of the housing units to be constructed at the St. Louis Support Center, Illinois, two of those units shall, subject to paragraph (3), be constructed for assignment to general officers who hold positions as commanders or who hold special command positions (as designated by the Secretary of Defense) and, notwithstanding section 2826(a) of title 10, United States Code, each such unit may be constructed with a maximum net floor area of 3,000 square feet. (2) For purposes of this subsection, the term “net floor area” has the meaning given that term by section 2826(f) of title 10, United States Code. (3) The provisions of this subsection and of section 2133(c) shall become effective on the date that the report regarding space limitations for senior military officer housing which was requested in the joint statement of the conferees accompanying the conference report filed with respect to the bill S. 2638 of the Ninety-ninth Congress is received by the Committees on Armed Services of the Senate and House of Representatives. SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY (a) In General.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1987, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $2,609,063,000 ($2,536,613,000) as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $517,240,000 ($458,790,000). (2) For military construction projects outside the United States authorized by section 2101(b), $341,830,000. (3) For military construction projects inside the United States at New Cumberland Army Depot, Pennsylvania, authorized by section 101 of the Military Construction Authorization Act, 1986, $30,000,000. (4) For unspecified minor construction projects under section 2805 of title 10, United States Code, $15,600,000. (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $128,120,000. (6) For military family housing functions— (A) For construction and acquisition of military family housing and facilities, $318,290,000 ($304,290,000). (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $1,255,183,000, of which not more than $46,498,000 may be obligated or expended for the leasing of military family housing units in the United States, the Commonwealth of Puerto Rico, and Guam, and not more than $163,842,000 may be obligated or expended for the leasing of military family housing units in foreign countries. (C) For the Homeowners Assistance Program as authorized by section 2832 of title 10, United States Code, $2,800,000. (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 total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). (c) Planning Assistance.—Of the amount appropriated pursuant to subsection (a)(5), the Secretary of the Army shall use at least $250,000 for community planning assistance for communities located near the newly established Light Infantry Division Post at Fort Drum, New York. SEC. 2105. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS (a) Extension of Authorization of Certain Fiscal Year 1985 Projects.—Notwithstanding the provisions of section 607(a) of the Military Construction Authorization Act, 1985 (Public Law 98–407, 98 Stat. 1515), authorizations for the following projects authorized in section 101 of that Act, as extended by section 2107(a) of the National Defense Authorization Act, 1987 (Public Law 99–661), shall remain in effect until October 1, 1988, or the date of enactment of the Military Construction Authorization Act for fiscal year 1989, whichever is later: (1) Barracks with dining facility in the amount of $11,400,000 at Presidio of San Francisco, California. (2) Barracks modernization in the amount of $660,000 at Argyroupolis, Greece. (3) Barracks modernization in the amount of $660,000 at Perivolaki, Greece. (4) Barracks with dining facility in the amount of $2,350,000 at Elefsis, Greece. (b) Extension of Authorization of Certain Fiscal Year 1986 Projects.—Notwithstanding the provisions of section 608(a) of the Military Construction Authorization Act, 1986 (Public Law 99–167), authorizations for the following projects authorized in sections 101 and 102 of that Act shall remain in effect until October 1, 1988, or the date of the enactment of a Military Construction Authorization Act for fiscal year 1989, whichever is later: (1) Family housing, new construction, fifty manufactured home spaces in the amount of $712,000 at Fort Carson, Colorado. (2) Ammunition storage in the amount of $850,000 at Bamberg, Germany. (3) Tactical equipment shop in the amount of $3,350,000 at Hanau, Germany. (4) Child care center in the amount of $470,000 at Karlsruhe, Germany. (5) Modified record fire range in the amount of $2,850,000 at Nuernberg, Germany. (6) Flight simulator building in the amount of $2,900,000 at Wiesbaden, Germany. (7) Multi-purpose training ranges in the amount of $20,000,000 at Wildflecken, Germany. (8) Air conditioning upgrade in the amount of $5,900,000 at Schofield Barracks, Hawaii. (9) Child care center in the amount of $1,350,000 at Camp Darby, Italy. (10) Dining facility modernization in the amount of $4,350,000 at Fort Leavenworth, Kansas. (11) Family housing, new construction, fifty manufactured home spaces in the amount of $700,000 at Fort Riley, Kansas. (12) Family housing, new construction, fifty manufactured home spaces in the amount of $689,000 at Fort Campbell, Kentucky. (13) Water pollution abatement in the amount of $770,000 at Army Materials and Mechanics Research Center, Massachusetts. (14) Family housing, new construction, twenty manufactured home spaces in the amount of $317,000 at Fort Devens, Massachusetts. (15) Family housing, new construction, fifty manufactured home spaces in the amount of $637,000 at Fort Bragg, North Carolina. (16) Family housing, new construction, twenty-four manufactured home spaces in the amount of $351,000 at Dugway Proving Ground, Utah. (17) Family housing, new construction, 6 units, in the amount of $596,000 at Fort Myer, Virginia. (18) Museum site preparation and utilities in the amount of $2,500,000 at Fort Rucker, Alabama. TITLE II—NAVY SEC. 2121. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS (a) Inside the United States.—The Secretary of the Navy may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations inside the United States: united states marine corps Marine Corps Logistics Base, Albany, Georgia, $1,530,000. Marine Corps Logistics Base, Barstow, California, $3,230,000. Marine Corps Base, Camp Lejeune, North Carolina, $38,705,000. Marine Corps Air Station, Camp Pendleton, California, $5,810,000. Marine Corps Base, Camp Pendleton, California, $31,470,000. Marine Corps Air Station, Cherry Point, North Carolina, $28,500,000. Marine Corps Air Station, El Toro, California, $3,160,000. Marine Corps Air Station, Kaneohe Bay, Hawaii, $24,153,000. Marine Corps Air Station, New River, North Carolina, $6,530,000. Marine Corps Development and Education Command, Quantico, Virginia $4,900,000. Marine Corps Air Station, Tustin, California, $5,110,000. Marine Corps Air-Ground Combat Center, Twentynine Palms, California, $25,900,000. Marine Corps Air Station, Yuma, Arizona, $9,280,000. space and naval warfare systems command Naval Surface Weapons Center, Dahlgren, Virginia, $30,620,000. Naval Underwater Systems Center, New London, Connecticut, $11,230,000 ($0). Naval Underwater System Center, Newport, Rhode Island, $750,000. Naval Coastal Systems Center, Panama City, Florida, $5,400,000. Naval Air Development Center, Warminster, Pennsylvania, $300,000. chief of naval operations Naval Space Surveillance Field Station, Hawkinsville, Georgia, $2,890,000. Naval Tactical Interoperability Support Activity Detachment Six, Mayport, Florida, $500,000. Naval Forces Central Command, Pearl Harbor, Hawaii, $2,260,000 ($0). Naval Air Detachment, Tinker Air Force Base, Oklahoma, $11,800,000. Commandant, Naval District, Washington, District of Columbia, $21,700,000. commander in chief, atlantic fleet Naval Station, Galveston, Texas, $28,300,000. Naval Station, Ingleside, Texas, $88,800,000. Naval Air Station, Jacksonville, Florida, $4,630,000. Naval Air Station, Key West, Florida, $15,580,000. Naval Station, Lake Charles, Louisiana, $15,300,000. Naval Amphibious Base, Little Creek, Virginia, $23,320,000. Naval Station, Mayport, Florida, $1,480,000. Naval Station, Mobile, Alabama, $40,700,000. Naval Submarine Base, New London, Connecticut, $5,200,000 ($2,900,000). Naval Station, New York, New York, $16,200,000. Naval Air Station, Norfolk, Virginia, $4,970,000. Naval Air Station, Oceana, Virginia, $4,540,000. Naval Station, Pascagoula, Mississippi, $42,100,000. commander in chief, pacific fleet Naval Air Station, Adak, Alaska, $56,200,000. Naval Air Station, Alameda, California, $11,400,000. Trident Refit Facility, Bangor, Washington, $1,080,000. Naval Amphibious Base, Coronado, California, $2,760,000. Naval Station, Everett, Washington, $37,500,000. Naval Air Station, Lemoore, California, $2,560,000. Naval Station, Long Beach, California, $5,120,000 ($0). Naval Magazine, Lualualei, Hawaii, $5,310,000. Naval Air Station, Miramar, California, $6,500,000. Naval Air Station, North Island, California, $25,270,000. Commander, Oceanographic System, Pacific, Pearl Harbor, Hawaii, $1,280,000. Fleet Intelligence Center, Pacific, Pearl Harbor, Hawaii, $13,097,000. Naval Station, Pearl Harbor, Hawaii, $430,000. Naval Submarine Base, Pearl Harbor, Hawaii, $7,180,000. Naval Station, San Diego, California, $36,680,000. Naval Submarine Base, San Diego, California, $4,120,000. Naval Station, Treasure Island, San Francisco, California, $4,430,000. Naval Air Station, Whidbey Island, Washington, $12,650,000. chief of naval education and training Surface Warfare Officers School Command District, Coronado, California, $4,130,000 ($0). Naval Air Station, Corpus Christi, Texas, $1,180,000. Fleet Combat Training Center, Atlantic, Dam Neck, Virginia, $450,000. Naval Guided Missiles School, Dam Neck, Virginia, $550,000. Naval Training Center, Great Lakes, Illinois, $6,910,000. Naval Air Station, Kingsville, Texas, $10,000,000. Naval Technical Training Center Detachment, Lackland Air Force Base, Texas, $10,800,000. Naval Air Station, Memphis, Tennessee, $11,220,000. Naval Education and Training Center, Newport, Rhode Island, $3,640,000. Naval Training Center, Orlando, Florida, $3,050,000. Naval Air Station, Pensacola, Florida, $28,200,000. Naval Technical Training Center, Pensacola, Florida, $8,170,000. Fleet Anti-Submarine Warfare Training Center, Pacific, San Diego, California, $5,020,000. Naval Technical Training Center, San Francisco, California, $10,100,000. naval medical command Naval Hospital Branch, Adak, Alaska, $700,000. naval oceanography command Naval Oceanography Command, Bay St. Louis, Massachusetts, $1,600,000. Naval Eastern Oceanography Center, Norfolk, Virginia, $600,000. naval telecommunications command Naval Communication Area Master Station, Atlantic, Norfolk, Virginia, $8,400,000. Naval Communication Station, Stockton, California, $2,800,000. naval security group command Naval Security Group Activity, Adak, Alaska, $2,860,000. Naval Security Group Activity, Northwest, Chesapeake, Virginia, $4,530,000. Naval Security Station, Washington, District of Columbia, $3,000,000. Naval Security Group Activity, Winter Harbor, Maine, $1,550,000. naval intelligence command Atlantic Fleet Headquarters Support Activity, Norfolk, Virginia, $5,070,000. naval supply systems command Naval Supply Center, Charleston, South Carolina, $8,170,000. Naval Supply Center, Jacksonville, Florida, $4,720,000. Navy Clothing and Textile Research Facility, Natick, Massachusetts, $1,870,000. Naval Supply Center, Norfolk, Virginia, $7,210,000. Naval Supply Center, Pearl Harbor, Hawaii, $3,280,000. Naval Supply Center, Pensacola, Florida, $1,000,000. naval air systems command Naval Air Rework Facility, Alameda, California, $16,000,000. Naval Air Rework Facility, Cherry Point, North Carolina, $500,000. Naval Air Rework Facility, Jacksonville, Florida, $5,000,000. Naval Air Test Center, Patuxent River, Maryland, $6,500,000. Pacific Missile Test Center, Point Mugu, California, $650,000. naval facilities engineering command Naval Construction Battalion Center, Gulfport, Mississippi, $10,450,000. Navy Public Works Center, Norfolk, Virginia, $6,100,000. Navy Public Works Center, Pearl Harbor, Hawaii, $11,203,000. Navy Public Works Center, Pensacola, Florida, $4,150,000. Naval Construction Battalion Center, Port Hueneme, California, $5,870,000. Navy Public Works Center, San Diego, California, $5,700,000. Navy Public Works Center, San Francisco, California, $11,700,000. naval sea systems command Charleston Naval Shipyard, Charleston, South Carolina, $1,400,000. Naval Weapons Station, Charleston, South Carolina, $1,670,000. Naval Weapons Station, Concord, California, $4,640,000. Naval Weapons Support Center, Crane, Indiana, $8,290,000. Naval Weapons Station, Earle, New Jersey, $3,540,000. Naval Ordnance Station, Indian Head, Maryland, $6,860,000. Naval Undersea Warfare Engineering Station, Keyport, Washington, $8,170,000. Philadelphia Naval Shipyard, Philadelphia, Pennsylvania, $5,800,000. Naval Weapons Station, Seal Beach, California, $15,970,000. Mare Island Naval Shipyard, Vallejo, California, $4,040,000. Naval Weapons Station, Yorktown, Virginia, $30,850,000 ($22,880,000). strategic systems project office Naval Submarine Base, Kings Bay, Georgia, $95,025,000. various locations Land Acquisition, $8,091,000. (b) Outside the United States.— The Secretary of the Navy may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations outside the United States: united states marine corps Marine Corps Air Station, Futenma, Okinawa, Japan, $1,000,000. Marine Corps Air Station, Iwakuni, Japan, $1,080,000. commander in chief, atlantic fleet Naval Support Activity, Antigua, West Indies, $3,250,000 ($0). Naval Facility, Brawdy Wales, United Kingdom, $850,000. Naval Station, Guantanamo Bay, Cuba, $917,000. Naval Air Station, Guantanamo Bay, Cuba, $1,770,000. Naval Air Station, Keflavik, Iceland, $4,870,000. Atlantic Fleet Weapons Training Facility, Roosevelt Roads, Puerto Rico, $2,020,000. commander in chief, pacific fleet Mobile Construction Battalion, Camp Covington, Guam, $14,700,000. Naval Air Station, Cubi Point, Republic of the Philippines, $1,490,000. Naval Support Facility, Diego Garcia, Indian Ocean, $1,000,000. Naval Facility, Guam, $650,000. Naval Magazine, Guam, $10,800,000. Naval Supply Depot, Guam, $14,160,000. Naval Ship Repair Facility, Guam, $5,100,000. Commander in Chief, United States Naval Forces Europe Naval Support Office, La Maddalena, Italy, $7,480,000. Naval Activities, London, United Kingdom, $600,000. Naval Support Activity, Naples, Italy, $20,150,000. Naval Air Station, Sigonella, Italy, $2,460,000. Naval Telecommunications Command Naval Communication Area Master Station, Mediterranean, Naples, Italy, $5,300,000. Naval Security Group Command Naval Security Group Activity, Edzell, Scotland, $4,970,000 ($770,000). Naval Security Group Activity, Sabana Seca, Puerto Rico, $400,000. Naval Security Group Activity, Terceira Island, Azores, $700,000. Naval Facilities Engineering Command Navy Public Works Center, Guam, $2,360,000. Navy Public Works Center, Subic Bay, Republic of the Philippines, $7,680,000. SEC. 2122. FAMILY HOUSING (a) Construction and Acquisition.— The Secretary of the Navy may construct or acquire family housing units (including land acquisition), using amounts appropriated pursuant to section 2125(a)(8)(A), at the following installations in the number of units shown, and in the amount shown, for each installation: Navy Public Works Center, San Diego, California, five hundred and eighty units (three hundred units), $52,840,000 ($27,840,000). Navy Public Works Center, San Francisco, California, four hundred and forty-four units, $38,380,000. Nuclear Power Training Unit, Ballston Spa, New York, one hundred units, $8,810,000. Naval Station, New York, New York, two hundred and fifty units, $25,490,000. Marine Corps Base, Camp Pendleton, California, two hundred and sixty-eight units (two hundred units), $25,760,000 ($17,760,000). Marine Corps Air Station, El Toro, California, one hundred units, $8,660,000. Marine Corps Air-Ground Combat Center, Twentynine Palms, California, one hundred units, $11,530,000. Marine Corps Air Station, Beaufort, South Carolina, thirty-seven mobile home spaces, $540,000. Marine Corps Recruit Depot, Parris Island, South Carolina, twenty-five mobile home spaces, $370,000. Marine Corps Development and Education Command, Quantico, Virginia, ten mobile home spaces, $166,000. Marine Corps Finance Center, Kansas City, Missouri, eight mobile home spaces, $120,000. Naval Station, Keflavik, Iceland, two hundred fifty units, $20,000,000. (b) Planning and Design.—The Secretary of the Navy may carry out architectural and engineering services and construction design activities, using amounts appropriated pursuant to section 2125(a)(8)(A), with respect to the construction or improvement of military family housing units in an amount not to exceed $6,248,000. SEC. 2123.IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS (a) In General.—Subject to section 2825 of title 10, United States Code, the Secretary of the Navy may improve, using amounts appropriated pursuant to section 2125(a)(8)(A), existing military family housing units in the amount of $39,943,000. (b) Waiver of Maximum Per Unit Cost for Certain Improvement Projects.— Notwithstanding the maximum amount per unit for an improvement project under section 2825(b) of title 10, United States Code, the Secretary of the Navy may carry out projects to improve existing military family housing units at the following installations in the number of units shown and in the amount shown, for each installation: Naval Station, Long Beach, California, two hundred forty-five units, $16,237,000. Naval Air Station, Whidbey Island, Seattle, Washington, seventy-one units, $2,937,700. Navy Public Works Center, San Francisco, California, thirt-ysix units, $2,331,600. Navy Public Works Center, San Francisco, California, twenty-four units, $1,004,700. Naval Air Station, Brunswick, Maine, two hundred thirty-one units, $9,799,000. Marine Corps Development and Education Command, Quantico, Virginia, one hundred forty-eight units, $8,079,500. Navy Public Works Center, Guam, eighty-two units, $6,838,700. Naval Station, New York, New York, one hundred twenty units, $12,500,000. SEC. 2124. DEFENSE ACCESS ROADS The Secretary of the Navy may, using funds appropriated pursuant to section 2125(a)(7), make advances to the Secretary of Transportation for the construction of defense access roads under section 210 of title 23, United States Code, at the following locations and in the following amounts: Naval Construction Battalion Center, Hueneme, California, $800,000. Naval Air Station, Moffett Field, California, $400,000. Naval Station, San Diego, California, $350,000. Naval Station, Norfolk, Virginia, $1,200,000. Naval Submarine Base, Groton, Connecticut, $1,250,000. Naval Station, Everett, Washington, phase I, $10,000,000. SEC. 2125. AUTHORIZATION OF APPROPRIATIONS, NAVY (a) In General.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1987, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,217,120,000 ($2,143,660,000) as follows: (1) For military construction projects inside the United States authorized by section 2121(a), $1,109,364,000 ($1,076,354,000). (2) For military construction projects outside the United States authorized by section 2121(b), $115,757,000 ($108,307,000). (3) For military construction projects at Kings Bay, Georgia, authorized by section 201(a) of the Military Construction Authorization Act, 1986, $28,675,000. (4) For military construction projects at Naval Weapons Station, Earle, New Jersey, authorized by section 2201(a) of the Military Construction Authorization Act, 1987, $19,500,000. (5) For unspecified minor construction projects under section 2805 of title 10, United States Code, $16,500,000. (6) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $143,655,000. (7) For advances to the Secretary of Transportation for construction of defense access roads under section 210 of title 23, United States Code, $14,000,000. (8) For military family housing functions— (A) For construction and acquisition of military family housing and facilities, $238,857,000 ($205,857,000); and (B) For support of military housing (including functions described in section 2833 of title 10, United States Code), $530,812,000 of which not more than $14,347,000 may be obligated or expended for the leasing of military family housing in the United States, the Commonwealth of Puerto Rico, and Guam, and not more than $22,220,000 may be obligated or expended for the leasing of military family housing units in foreign countries. (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 2121 of this Act may not exceed the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). SEC. 2126. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE BEEN APPROPRIATED (a) Projects.—(1) In addition to the military construction projects authorized under title II of the Military Construction Authorization Act, 1987 (Public Law 99–661), the Secretary of the Navy may acquire real property and may carry out the following military construction projects in the following amounts which have been appropriated for such projects before the date of the enactment of this Act: Naval Supply Center, Pearl Harbor, Hawaii, Cold Storage Facility, $11,500,000. Naval Air Station, Memphis, Tennessee, Road Improvements, $1,570,000. Cubi Point, Republic of the Philippines, Bachelor Officers’ Quarters, $5,300,000. (2) Notwithstanding the provisions of section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of the projects authorized by paragraph (1) may not exceed the total amount authorized for such projects by such paragraph. (b) Family Housing.—In addition to the expenditures for improvements to military family housing authorized by section 2203 of the Military Construction Authorization Act, 1987 (Public Law 99–661), the Secretary of the Navy may make expenditures, out of funds appropriated before the date of the enactment of this Act, to improve existing family housing units, pursuant to section 2825 of title 10, United States Code, in an amount not to exceed $22,000,000. SEC. 2127. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS (a) Extension of Authorization of Certain Fiscal Year 1984 Projects.—Notwithstanding the provisions of section 607(a) of the Military Construction Authorization Act, 1984 (Public Law 98–115), authorizations for the following projects authorized in section 201 of that Act, as extended by section 2209(b) of the Military Construction Authorization Act, 1987 (Public Law 99–661), shall remain in effect until October 1, 1988, or the date of enactment of the Military Construction Authorization Act for fiscal year 1989, whichever is later: (1) Unaccompanied enlisted personnel housing in the amount of $10,000,000 at the Naval Air Station, Jacksonville, Florida. (2) Electrical distribution lines in the amount of $7,200,000 at the Mare Island Naval Shipyard, Vallejo, California. (3) Heating, Ventilation and Air Conditioning System, in the amount of $4,540,000 at the Naval Air Station, Alameda, California. (4) Land acquisition in the amount of $830,000 at the Naval Weapons Station, Concord, California. (b) Extension of Authorization of Certain Fiscal Year 1986 Projects.—Notwithstanding the provisions of section 606(a) of the Military Construction Authorization Act, 1986 (Public Law 99–167), authorizations for the following projects authorized in section 201 of that Act shall remain in effect until October 1, 1988, or the date of enactment of a Military Construction Authorization Act for fiscal year 1989, whichever is later: (1) Plating shop modernization in the amount of $12,740,000 at the Naval Ordnance Station, Louisville, Kentucky. (2) Bachelors enlisted quarters and mess hall in the amount of $4,700,000 at the Naval Magazine, Guam. (3) Physical fitness center in the amount of $5,380,000 at the Marine Corps Air-Ground Combat Center, Twentynine Palms, California. (4) Dredging in the amount of $6,570,000 at the Naval Supply Center, Oakland, California. (5) Dredging in the amount of $8,650,000 at the Naval Air Station, Alameda, California. (6) Paint and finishing hangar in the amount of $22,000,000 at the Naval Air Rework Facility, Alameda, California. (7) Combat swimmer trainer facility in the amount of $3,000,000 at the Naval Amphibious Base, Coronado, California. (8) Communications facilities in the amount of $2,750,000 at the Naval Station, Guantanamo Bay, Cuba. (9) Seabee material transit facility in the amount of $6,960,000 at the Naval Construction Battalion Center, Port Hueneme, California. SEC. 2128. NAVAL WEAPONS STATION, EARLE, NEW JERSEY Section 2201(a) of the Military Construction Authorization Act, 1987 (division B of Public Law 99–661) is amended by striking out “Naval Weapons Station, Earle, New Jersey, $34,760,000” and inserting in lieu thereof “Naval Weapons Station, Earle, New Jersey, $54,760,000”. TITLE III—AIR FORCE SEC. 2131. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS (a) Inside the United States.—The Secretary of the Air Force may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations inside the United States: air force logistics command Hill Air Force Base, Utah, $46,600,000 ($34,100,000). Kelly Air Force Base, Texas, $30,650,000. McClellan Air Force Base, California, $24,500,000. Newark Air Force Base, Ohio, $580,000. Robins Air Force Base, Georgia, $15,500,000. Tinker Air Force Base, Oklahoma, $11,500,000. Wright-Patterson Air Force Base, Ohio, $22,750,000. air force systems command Arnold Engineering Development Center, Tennessee, $17,500,000. Edwards Air Force Base, California, $5,750,000. Eglin Air Force Base, Florida, $23,050,000. air national guard Buckley Air National Guard Base, Colorado, $16,900,000. air training command Chanute Air Force Base, Illinois, $8,350,000. Columbus Air Force Base, Mississippi, $5,450,000. Goodfellow Air Force Base, Texas, $5,500,000. Keesler Air Force Base, Mississippi, $6,300,000. Lackland Air Force Base, Texas, $13,900,000. Laughlin Air Force Base, Texas, $1,872,000. Lowry Air Force Base, Colorado, $7,050,000. Mather Air Force Base, California, $4,800,000. Randolph Air Force Base, Texas, $8,100,000 ($5,800,000). Reese Air Force Base, Texas, $610,000. Sheppard Air Force Base, Texas, $13,700,000. Vance Air Force Base, Oklahoma, $3,190,000. Williams Air Force Base, Arizona, $3,350,000. air university Gunter Air Force Station, Alabama, $8,800,000. Maxwell Air Force Base, Alabama, $24,200,000. alaskan air command Eielson Air Force Base, Alaska, $10,165,000. Elmendorf Air Force Base, Alaska, $11,000,000 ($4,300,000). Shemya Air Force Base, Alaska, $38,350,000. Various Locations, $15,800,000. military airlift command Altus Air Force Base, Oklahoma, $14,600,000. Andrews Air Force Base, Maryland, $20,000,000. Dover Air Force Base, Delaware, $5,050,000 ($2,300,000). Kirtland Air Force Base, New Mexico, $53,400,000. Little Rock Air Force Base, Arkansas, $400,000. McGuire Air Force Base, New Jersey, $1,640,000. Pope Air Force Base, North Carolina, $11,000,000. Scott Air Force Base, Illinois, $7,080,000. Travis Air Force Base, California, $1,500,000. pacific air forces Bellows Air Force Base, Hawaii, $460,000. Hickam Air Force Base, Hawaii, $900,000. Kaena Point, Hawaii, $3,400,000. space command Cape Cod Air Force Station, Massachusetts, $2,150,000. Cavalier Air Force Station, North Dakota, $3,750,000. Clear Air Force Base, Alaska, $4,000,000. Falcon Air Force Station, Colorado, $2,150,000 ($0). Peterson Air Force Base, Colorado, $12,150,000 ($1,650,000). special project Various Locations, CONUS, $19,073,000. strategic air command Barksdale Air Force Base, Louisiana, $3,700,000. Beale Air Force Base, California, $7,180,000 ($2,180,000). Blytheville Air Force Base, Arkansas, $6,500,000. Carswell Air Force Base, Texas, $5,010,000. Castle Air Force Base, California, $10,650,000. Dyess Air Force Base, Texas, $3,600,000. Ellsworth Air Force Base, South Dakota, $11,550,000. Fairchild Air Force Base, Washington, $6,000,000. F.E. Warren Air Force Base, Wyoming, $308,000. Grand Forks Air Force Base, North Dakota, $1,600,000. Griffiss Air Force Base, New York, $14,830,000. Holbrook Radar Bomb Score Site, Arizona, $1,890,000. K.I. Sawyer Air Force Base, Michigan, $3,030,000. Loring Air Force Base, Maine, $17,480,000 ($4,380,000). Malmstrom Air Force Base, Montana, $18,760,000. McConnell Air Force Base, Kansas, $4,750,000 ($2,550,000). Minot Air Force Base, North Dakota, $8,600,000. Offutt Air Force Base, Nebraska, $10,660,000. Plattsburgh Air Force Base, New York, $2,900,000. Vandenberg Air Force Base, California, $1,300,000. Whiteman Air Force Base, Missouri, $89,300,000. Wilder, Idaho, $2,350,000. Wurtsmith Air Force Base, Michigan, $13,620,000. tactical air command Bangor International Airport, Maine, $1,500,000. tactical air command Bangor International Airport, Maine, $1,500,000. Base 51, $610,000. Base 52, $600,000. Bergstrom Air Force Base, Texas, $9,190,000. Cannon Air Force Base, New Mexico, $7,000,000. Davis-Monthan Air Force Base, Arizona, $8,000,000 ($1,000,000). England Air Force Base, Louisiana, $2,300,000. George Air Force Base, California, $210,000. Holloman Air Force Base, New Mexico, $7,750,000. Indian Springs Auxiliary Air Field, Nevada, $4,400,000. Langley Air Force Base, Virginia, $9,150,000. Luke Air Force Base, Arizona, $5,400,000 ($2,800,000). MacDill Air Force Base, Florida, $3,741,000. Mountain Home Air Force Base, Idaho, $1,900,000. Nellis Air Force Base, Nevada, $14,050,000. Seymour-Johnson Air Force Base, North Carolina, $11,950,000. Shaw Air Force Base, South Carolina, $4,980,000. Tyndall Air Force Base, Florida, $2,000,000. united states air force academy Air Force Academy, Colorado, $2,680,000. various locations Classified Location, $1,500,000. (b) Outside the United States.—The Secretary of the Air Force may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations outside the United States: military airlift command Lajes Field, Portugal, $4,600,000. Rhein-Main Air Base, Germany, $11,450,000. pacific air forces Camp Humphreys, Korea, $5,550,000. Clark Air Base, Republic of the Philippines, $9,540,000. Diego Garcia Air Base, Indian Ocean, $18,600,000. Kadena Air Base, Japan, $5,000,000. Kunsan Air Base, Korea, $5,750,000. Osan Air Base, Korea, $16,640,000. Suwon Air Base, Korea, $3,650,000. space command Thule Air Base, Greenland, $3,000,000. strategic air command Andersen Air Force Base, Guam, $8,700,000 ($5,100,000). tactical air command Howard Air Force Base, Panama, $11,000,000 ($310,000). Masirah, Oman, $3,325,000. Seeb, Oman, $8,260,000. Thumrait, Oman, $5,010,000. united states air forces in europe RAF Alconbury, United Kingdom, $2,150,000. Ankara Air Station, Turkey, $2,250,000. Aviano Air Base, Italy, $1,450,000. RAF Bentwaters, United Kingdom, $9,900,000. Bitburg Air Base, Germany, $4,690,000. Buchel Air Base, Germany, $2,000,000. Camp New Amsterdam, The Netherlands, $2,600,000. RAF Chicksands, United Kingdom, $1,250,000. RAF Croughton, United Kingdom, $900,000. RAF Fairford, United Kingdom, $11,550,000. Hahn Air Base, Germany, $5,770,000. Incirlik Air Base, Turkey, $6,750,000 ($3,750,000). RAF Lakenheath, United Kingdom, $3,620,000. Memmingen Air Base, Germany, $2,000,000. Pruem Air Station, Germany, $2,000,000. Ramstein Air Base, Germany, $13,360,000. San Vito Air Station, Italy, $390,000. Sembach Air Base, Germany, $1,100,000. Spangdahlem Air Base, Germany, $5,050,000. RAF Welford, United Kingdom, $1,200,000. Wenigerath Storage Site, Germany, $1,750,000. RAF Wethersfield, United Kingdom, $1,300,000. Zweibrucken Air Base, Germany, $4,500,000. various locations Base 89, $4,300,000. SEC. 2132. FAMILY HOUSING (a) CONSTRUCTION AND ACQUISITION.—The Secretary of the Air Force may construct or acquire family housing units (including land acquisition), using amounts appropriated pursuant to section 2135(a)(6)(A), at the following installations in the number of units shown, and in the amount shown, for each installation: air force Holbrook, Arizona, thirty-four units, $2,530,000. Clark Air Base, Philippines, three hundred units, $23,260,000. RAF Bentwaters, United Kingdom, Family Housing Management Office, $330,000. (b) PLANNING AND DESIGN.—The Secretary of the Air Force may carry out architectural and engineering services and construction design activities, using amounts appropriated pursuant to section 2135(a)(6)(A), with respect to the construction or improvement of military family housing units in an amount not to exceed $7,000,000. SEC. 2133. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS (a) In General.—Subject to section 2825 of title 10, United States Code, the Secretary of the Air Force may improve, using amounts appropriated pursuant to section 2135(a)(6)(A), existing military family housing units in an amount not to exceed $132,800,000 ($110,000,000). (b) Waiver of Maximum Per Unit Cost for Certain Improvement Projects.—Notwithstanding the maximum amount per unit for an improvement project under section 2825(b) of title 10, United States Code, the Secretary of the Air Force may carry out projects to improve existing military family housing units at the following installations, in the number of units shown, and in the amount shown, for each installation: Maxwell Air Force Base, Alabama, twenty units, $758,000; fiftv-six units, $2,710,000. Elmendorf Air Force Base, Alaska, sixty-four units, $4,669,000. Lowry Air Force Base, Colorado, one unit, $74,000. Peterson Air Force Base, Colorado, six units, $363,000. Eglin Auxiliary Airfield No. 9, Florida, one hundred and sixty-four units, $3,177,000. MacDill Air Force Base, Florida, seven units, $556,000; one unit, $110,000. Scott Air Force Base, Illinois, three units, $239,000. Barksdale Air Force Base, Louisiana, one hundred and fourteen units, $5,342,000. England Air Force Base, Louisiana, one hundred and six units, $3,465,000. Andrews Air Force Base, Maryland, five units, $325,000. Offutt Air Force Base, Nebraska, two hundred units, $8,122,000. Pease Air Force Base, New Hampshire, two hundred units, $12,361,000. McGuire Air Force Base, New Jersey, one hundred units, $4,263,000. Plattsburgh Air Force Base, New York, twenty-nine units, $2,800,000. Shaw Air Force Base, South Carolina, one hundred and twenty-five units, $4,385,000; one hundred and thirty-one units, $4,702,000. Carswell Air Force Base, Texas, one hundred and thirty-six units, $7,904,000; one hundred fifty-five units, $9,100,000. Kelly Air Force Base, Texas, eighteen units, $1,356,000. Lackland Air Force Base, Texas, one unit, $46,000. Randolph Air Force Base, Texas, five units, $400,000. Langley Air Force Base, Virginia, seven units, $540,000. Fairchild Air Force Base, Washington, two hundred and two units, $10,121,000. Ramstein Air Base, Germany, eight units, $536,000; two hundred and forty units, $11,202,000; two hundred and eighty units, $16,990,000. Kadena Air Base, Japan, eighty-two units, $4,143,000; four units, $407,000; one hundred and ninety-nine units, $12,177,000. Yokota Air Base, Japan, ninety-five units, $5,061,000. RAF Mildenhall, United Kingdom, two units, $183,000. (c) Waiver of Space Limitation for General Officer’s Quarters.—(1) To support the United States Central Command (USCENTCOM), the Tactical Air Command (TAC), and the United States Transportation Command, the Secretary of the Air Force may, subject to the requirement of section 2103(c)(3), carry out family housing improvement projects to add to and alter existing family housing units and (notwithstanding section 2826(a) of title 10, United States Code) increase the net floor area of one family housing unit at Shaw Air Force Base, South Carolina, to not more than 2,600 square feet, and increase the net floor area of one family housing unit at MacDill Air Force Base, Florida, and three converted family housing units at Scott Air Force Base, Illinois, to not more than 3,000 square feet. (2) For purposes of this subsection the term “net floor area” has the same meaning given that term by section 2826(f) of title 10, United States Code. SEC. 2134. DEFENSE ACCESS ROADS The Secretary of the Air Force may, using funds appropriated pursuant to section 2135(a)(5), make advances to the Secretary of Transportation for the construction of defense access roads under section 210 of title 23, United States Code, at Havre Air Force Station, Montana, in an amount not to exceed $4,100,000. SEC. 2135. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE (a) In General.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1987, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,109,703,000 ($2,002,813,000) as follows: (1) For military construction projects inside the United States authorized by section 2131(a), $912,949,000 ($846,149,000). (2) For military construction projects outside the United States authorized by section 2131(b), $198,005,000 ($180,715,000). (3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $16,000,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $120,336,000. (5) For advances to the Secretary of Transportation for construction of defense access roads under section 210 of title 23, United States Code, $4,100,000. (6) For military family housing functions— (A) for construction and acquisition of military family housing and facilities, $165,920,000 ($143,120,000); and (B) for support of military housing (including functions described in section 2833 of title 10, United States Code), $692,393,000 of which not more than $8,818,000 may be obligated or expended for the leasing of military family housing units in the United States, the Commonwealth of Puerto Rico, and Guam, and not more than $68,024,000 may be obligated or expended for the leasing of military family housing units in foreign countries. (b) Limitation on Total Cost of Construction Projects.—Notwithstanding the cost variations authorized by section 2353 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2131 of this Act may not exceed the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). SEC. 2136. AUTHORIZATION OF PROJECTS FOR WHICH FUNDS HAVE BEEN APPROPRIATED (a) In General.—In addition to the military construction projects authorized under title III of the Military Construction Authorization Act, 1987 (Public Law 99–661), the Secretary of the Air Force may acquire real property and may carry out the following military construction projects in the following amounts which have been appropriated for such projects before the date of the enactment of this Act: Goodfellow Air Force Base, Texas, Unaccompanied Officer Personnel Housing, $10,000,000. Clark Air Base, Republic of Philippines, as follows: (1) Aerospace systems branch, $1,050,000. (2) Alter unaccompanied enlisted personnel housing, $1,850,000. (3) Alter unaccompanied enlisted personnel housing, $3,150,000. (4) Child care center, $2,000,000. (5) COPE THUNDER operations facility, $4,650,000. (6) Essential maintenance facility, phase II, $4,650,000. (7) Fire station, $760,000. (8) Petroleum operations facility, $1,600,000. (9) Portomod warehouse, $460,000. BlyTheville Air Force Base, Arkansas, Gymnasium,$2,750,000. (b) Limitation.—Notwithstanding the provisions of section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of the projects authorized by subsection (a) may not exceed the total amount authorized for such projects by such subsection. SEC. 2137. EXTENSION OF CERTAIN PREVIOUS AUTHORIZATIONS Notwithstanding the provisions of section 603(a) of the Military Construction Authorization Act, 1986 (Public Law 99–167), authorizations for the following projects authorized in sections 301 and 302 of that Act shall remain in effect until October 1, 1988, or the date of the enactment of a Military Construction Authorization Act for fiscal year 1989, whichever is later: (1) Cold Storage Facility, in the amount of $3,350,000 at Lowry Air Force Base, Colorado. (2) Portomod Support in the amount of $300,000 at Kunsan Air Base, Korea. (3) Portomod Support in the amount of $260,000 at Kwang-Ju Air Base, Korea. (4) Portomod Support in the amount of $860,000 at Osan Air Base, Korea. (5) TR-1 Ground Station in the amount of $4,500,000 at Base 30, at a location overseas. (6) Chemical Warfare Protection—Avionics Shop in the amount of $1,450,000 at Camp New Amsterdam, The Netherlands. (7) GEODSS—Composite Support Facility in the amount of $2,250,000 and a Spacetrack Observation Facility in the amount of $12,400,000 at GEODSS Site 5 in Portugal. TITLE IV—DEFENSE AGENCIES SEC. 2141. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS (a) Inside the United States.—The Secretary of Defense may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations inside the United States: defense communication agency Naval Station, Anacostia, District of Columbia, $30,170,000 ($5,000,000). defense intelligence agency Boiling Air Force Base, District of Columbia, $805,000. defense logistics agency Defense Fuel Support Point, Key West, Florida, $9,400,000. Defense Depot, Memphis, Tennessee, $11,361,000. Defense General Supply Center, Richmond, Virginia, $22,300,000. defense medical facilities office Fort Wainwright, Alaska, $9,100,000. Kings Bay, Georgia, $6,600,000. Malmstrom Air Force Base, Montana, $16,500,000. McGuire Air Force Base, New Jersey, $550,000. Lackland Air Force Base, Texas, $1,350,000. Langley Air Force Base, Virginia, $1,500,000. Naval Station, Whidbey Island, Washington, $16,500,000 ($0). defense nuclear agency Field Command, Kirtland Air Force Base, New Mexico, $1,127,000. department of defense dependents school Hanscom Air Force Base, Massachusetts, $4,432,000. national defense university Fort McNair, District of Columbia, $5,000,000. national security agency Fort Meade, Maryland, $8,450,000. office of the secretary of defense Classified Location, $25,386,000. Classified Location, $43,148,000. strategic defense initiative Fort Monmouth, New Jersey, $3,450,000. White Sands Missile Range, New Mexico, $3,180,000. (b) Outside the United States.—The Secretary of Defense may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations outside the United States: defense communications agency Patch Barracks, Stuttgart, Germany, $1,030,000. RAF Croughton, United Kingdom, $500,000. defense medical facilities office Classified, $6,400,000. Classified, $7,000,000. Rheinberg, Germany, $2,250,000. Iraklion Air Station, Greece, $340,000. Naval Air Station, Sigonella, Italy, $20,000,000. San Vito Air Station, Italy, $670,000. Camp Lester, Japan, $1,400,000. Misawa Air Base, Japan, $4,700,000. Woensdrecht, The Netherlands, $360,000. Subic Bay, Republic of the Philippines, $3,500,000. Incirlik Air Base, Turkey, $15,260,000. RAF Fairford, United Kingdom, $7,300,000. RAF Wethersfield, United Kingdom, $740,000. RAF Bentwaters, United Kingdom, $1,300,000. defense nuclear agency Johnston Island, $4,100,000. department of defense dependent schools Bitberg, Germany, $2,413,000. Schweinfurt, Germany, $5,320,000. Sembach, Germany, $2,930,000. Spangdahlem, Germany, $7,300,000. Stuttgart, Germany, $3,030,000. Wuerzburg, Germany, $3,153,000. San Miguel, Republic of the Philippines, $2,960,000. Fort Buchanan, Puerto Rico, $1,200,000. Incirlik Air Base, Turkey, $7,746,000. national security agency Classified, $15,000,000. strategic defense initiative Pacific Missile Range, Kwajalein, $16,565,000. SEC. 2142. FAMILY HOUSING The Secretary of Defense may construct or acquire four family housing units (including land acquisition), using amounts appropriated pursuant to section 2145(a)(10)(A), at classified locations in the total amount of $1,000,000. SEC. 2143. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS Subject to section 2825 of title 10, United States Code, the Secretary of Defense may improve, using amounts appropriated pursuant to section 2145(a)(10)(A), existing military family housing units in an amount not to exceed $186,000. SEC. 2144. DEFENSE ACCESS ROADS The Secretary of Defense may, using funds appropriated pursuant to section 2145(a)(8), make advances to the Secretary of Transportation for the construction of defense access roads under section 210 of title 23, United States Code, at Brooke Army Medical Center, San Antonio, Texas, in an amount not to exceed $8,600,000. SEC. 2145. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES (a) In General.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1987, 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 $577,076,000 ($530,406,000) as follows: (1) For military construction projects inside the United States authorized by section 2141(a), $220,309,000 $178,639,000). (2) For military construction projects outside the United States authorized by section 2141(b), $144,467,000. (3) For military construction projects at Fort Meade, Maryland, authorized by section 101(a) of the Military Construction Authorization Act, 1986, $15,000,000. (4) For military construction projects at Fort Lewis, Washington, authorized by section 101(a) of the Military Construction Authorization Act, 1985, $86,000,000. (5) For unspecified minor construction projects under section 2805 of title 10, United States Code, $9,200,000 ($6,000,000). (6) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000. (7) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $57,800,000 ($56,000,000). (8) For advances to the Secretary of Transportation for construction of defense access roads under section 210 of title 23, United States Code, $8,600,000. (9) For conforming storage facilities constructed under the authority of section 2404 of the Military Construction Authorization Act, 1987 (division B of Public Law 99–661), $5,000,000. (10) For military family housing functions— (A) for construction and acquisition of military family housing and facilities, $1,186,000; and (B) for support of military housing (including functions described in section 2833 of title 10, United States Code), $19,514,000, of which not more than $15,188,000 may be obligated or expended for the leasing of military family housing units in foreign countries. (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 variations authorized by law, the total cost of all projects carried out under section 2141 may not exceed the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). (c) Project.—Of the amount appropriated pursuant to the authorization in subsection (a)(7), at least $2,000,000 shall be used for the planning and design of a bridge for route 32 over the Gladys Spellman Memorial Parkway providing access to the National Security Agency. SEC. 2146. AUTHORIZATION OF PROJECT FOR WHICH APPROPRIATIONS HAVE BEEN MADE In addition to the military construction projects authorized under title IV of the Military Construction Authorization Act, 1987 (Public Law 99–661), the Secretary of Defense may acquire real property and may carry out a military construction project for a medical center clinic annex addition/alteration at Vandenberg Air Force Base, California, in the amount of $1,900,000 which has been appropriated for such project before the date of the enactment of this Act. SEC. 2147. EXTENSION OF CERTAIN PRIOR YEAR AUTHORIZATIONS (a) Extension of Authorization of a Fiscal Year 1985 Project.—Notwithstanding the provisions of section 607(a) of the Military Construction Authorization Act, 1985 (Public Law 98–407), authorization for a Conforming Storage Facility in the amount of $1,950,000 at the Defense Property Disposal Office, Pearl Harbor Naval Shipyard, Hawaii, authorized in section 401 of that Act, and extended by section 2406 of the Military Construction Authorization Act, 1987 (Public Law 99–661), shall remain in effect until October 1, 1988, or the date of enactment of the Military Construction Authorization Act for fiscal year 1989, whichever is later. (b) Extension of Authorization of Certain Fiscal Year 1986 Projects.—(1) Notwithstanding the provisions of section 606(a) of the Military Construction Authorization Act, 1986 (Public Law 99–167), authorizations for the following projects authorized in section 401 of that Act shall remain in effect until October 1, 1988, or the date of enactment of the Military Construction Authorization Act for fiscal year 1989, whichever is later: (A) Conforming Storage Facility in the amount of $1,390,000 at Defense Property Disposal Office, Anchorage, Alaska. (B) Facility Rehabilitation in the amount of $1,320,000 at Defense Property Disposal Office, Alameda, California. (C) Conforming Storage Facility in the amount of $825,000 at Defense Property Disposal Office, Barstow, California. (D) Conforming Storage Facility in the amount of $625,000 at Defense Property Disposal Office, Groton, Connecticut. (E) Fire Protection in the amount of $1,040,000 at Defense Fuel Support Point, Newington, New Hampshire. (F) Steam Distribution System in the amount of $510,000 at Defense Depot, Ogden, Utah. (G) Covered Storage in the amount of $1,020,000 at F.E. Warren Air Force Base, Cheyenne, Wyoming. (2) Notwithstanding the provisions of section 606(a) of the Military Construction Authorization Act, 1986 (Public Law 99–167), the authorization for the Elementary and High School in the amount of $7,080,000 at Florennes, Belgium, authorized in section 402 of such Act shall remain in effect until October 1, 1988, or the date of enactment of a Military Construction Authorization Act for fiscal year 1989, whichever is later. SEC. 2148. BROOKE ARMY MEDICAL CENTER (a) Increase in Project Amount.—(1) Section 2401(a) of the Military Construction Authorization Act, 1987 (division B of Public Law 99–661; 100 Stat. 4034), is amended by striking out “$135,000,000” in the item relating to Fort Sam Houston, Texas under the heading relating to Defense Medical Facilities Office and inserting in lieu thereof “$241,000,000”. (2) The limitation on the total cost of projects carried out under section 2401 of such Act shall be increased by $106,000,000. (b) Report.—Not later than March 1, 1988, the Secretary of Defense shall transmit to the Committees on Armed Services of the Senate and the House of Representatives a report containing— (1) a cost estimate for the construction of the medical facility at Brooke Army Medical Center, San Antonio, Texas, authorized by section 2401 of the Military Construction Authorization Act, 1987 (division B of Public Law 99–661), with space for 450 beds; (2) a cost estimate for the construction of such medical facility with space for 200 beds and an estimate of the costs likely to be incurred as a result of the transfer of services from Brooke Army Medical Center to Wilford Hall Air Force Hospital; and (3) a cost estimate of the expansion of such medical facility from 200 to 450 beds. SEC. 2149. CONFORMING STORAGE FACILITIES Subsection (a) of section 2404(a) of the Military Construction Authorization Act, 1987 (division B of Public Law 99–661), is amended to read as follows: “(a) Authority to Construct.—The Secretary of Defense may, using not more than $10,000,000 appropriated for fiscal year 1987 pursuant to the authorization in section 2405(a) of this Act and not more than $5,000,000 appropriated for fiscal year 1988 pursuant to the authorization in section 2145(a) of the Military Construction Authorization Act, 1988 and 1989, carry out military construction projects not otherwise authorized by law for the construction of conforming storage facilities.”. SEC. 2150. CONSTRUCTION OF A NATIONAL TEST FACILITY FOR THE STRATEGIC DEFENSE INITIATIVE Of the funds appropriated to the Department of Defense pursuant to section 201 for research, development, test, and evaluation for fiscal year 1988 in connection with the Strategic Defense Initiative program, not more than $70,000,000 may be used for the planning and construction of a National Test Facility for the Strategic Defense Initiative at Falcon Air Force Base, Colorado. TITLE V—NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE SEC. 2151. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Infrastructure 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 2152 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. SEC. 2152. AUTHORIZATION OF APPROPRIATIONS, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1987, 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 Infrastructure Program as authorized by section 2151, in the amount of $386,000,000. TITLE VI—GUARD AND RESERVE FORCES FACILITIES SEC. 2161. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS There are authorized to be appropriated for fiscal years beginning after September 30, 1987, 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 133 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, $177,289,000; and (B) for the Army Reserve, $88,100,000. (2) For the Department of the Navy, for the Naval and Marine Corps Reserves, $68,737,000. (3) For the Department of the Air Force— (A) for the Air National Guard of the United States, $141,091,000; and (B) for the Air Force Reserve, $74,300,000. TITLE VII—EXPIRATION OF AUTHORIZATIONS SEC. 2171. EXPIRATION OF AUTHORIZATIONS (a) Expiration of Authorizations After Two Years.—Except as provided in subsection (b), all authorizations contained in titles I through V of this subdivision for military construction projects, land acquisition, family housing projects and facilities, and contributions to the NATO Infrastructure Program (and authorizations of appropriations therefor) shall expire on October 1, 1989, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1990, whichever is later. (b) Exception.—The provisions of subsection (a) do not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the NATO Infrastructure Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before October 1, 1989, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1990, whichever is later, for construction contracts, land acquisition, family housing projects and facilities, or contributions to the NATO Infrastructure Program. Subdivision 2—Fiscal Year 1989 TITLE I—ARMY SEC. 2201. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS (a) Inside the United States.—The Secretary of the Army may acquire real property and may carry out military construction projects at Fort Wainwright, Alaska, in the amount of $28,100,000. (b) Outside the United States.—The Secretary of the Army may acquire real property and may carry out military construction projects at Vilseck, Germany, in the amount of $13,000,000. SEC. 2202. FAMILY HOUSING (a) In General.—The Secretary of the Army may construct or acquire one hundred and twenty-eight family housing units (including land acquisition) at Fort Drum, New York, in the amount of $10,000,000. (b) Planning and Design.—The Secretary of the Army may carry out architectural and engineering services and construction design activities, using amounts appropriated pursuant to section 2204(a)(5)(A), with respect to the construction or improvement of military family housing units not to exceed $20,000,000. SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS (a) In General.—Subject to section 2825 of title 10, United States Code, the Secretary of the Army may improve, using amounts appropriated pursuant to section 2204(a)(5)(A), existing military family housing units in an amount not to exceed $145,968,000 of which $1,916,000 is available only for energy conservation projects. (b) Waiver of Maximum Per Unit Cost for Certain Improvement Projects.—Notwithstanding the maximum amount per unit for an improvement project under section 2825(b) of title 10, United States Code, the Secretary of the Army may carry out projects to improve existing military family housing units at the following installations in the number of units shown, and in the amount shown, for each installation: Pearl Harbor, Hawaii, eight units, $550,000. Giessen, Germany, seventy-two units, $3,314,000. Various Locations (Germany), convert unused attic space and upgrade two hundred forty-two units into six hundred twenty-one adequate units, $44,026,000. SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, ARMY (a) In General.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1988, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $1,733,069,000 as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $28,100,000. (2) For military construction projects outside the United States authorized by section 2201(b), $13,000,000. (3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $16,200,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $126,710,000. (5) For military family housing functions— (A) for construction and acquisition of military family housing and facilities, $175,968,000; (B) for support of military family housing (including the functions described in section 2833 of title 10, United States Code), $1,371,091,000, of which not more than $46,498,000 may be obligated or expended for the leasing of military family housing units in the United States, the Commonwealth of Puerto Rico, and Guam, and not more than $163,842,000 may be obligated or expended for the leasing of military family housing units in foreign countries; and (C) for the Homeowners Assistance Program as authorized by section 2832 of title 10, United States Code, $2,000,000. (b) Limitation on Total Cost of Construction Projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). TITLE II—NAVY SEC. 2221. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS (a) Inside the United States.—The Secretary of the Navy may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations inside the United States: chief of naval operations Commandant, Naval District Washington, District of Columbia, $21,000,000. Naval Air Detachment, Tinker Air Force Base, Oklahoma, $38,080,000. commander in chief, atlantic fleet Naval Station, Galveston, Texas, $10,390,000. Naval Station, Ingleside, Texas, $31,850,000. Naval Station, Lake Charles, Louisiana, $5,000,000. Naval Station, Mobile, Alabama, $19,700,000. Naval Station, New York, New York, $10,480,000. Naval Station, Pascagoula, Mississippi, $25,700,000. Naval Air Station, Pensacola, Florida, $14,320,000. commander in chief, pacific fleet Naval Air Station, Adak, Alaska, $20,000,000. Naval Station, Everett, Washington, $52,950,000. Naval Station, Long Beach, California, $5,460,000. naval sea systems command Philadelphia Naval Shipyard, Philadelphia, Pennsylvania, $8,200,000. Naval Weapons Station, Earle, New Jersey, $18,600,000. strategic systems project office Naval Submarine Base, Kings Bay, Georgia, $57,730,000. (b) Outside the United States.—The Secretary of the Navy may acquire real property and may carry out military construction projects at the Naval Station, Guam, in an amount not to exceed $2,820,000. SEC. 2222. FAMILY HOUSING (a) Construction and Acquisition.—The Secretary of the Navy may construct or acquire 300 family housing units (including land acquisition), using amounts appropriated pursuant to section 2224(a)(5)(A), at the Public Works Center, San Diego, California. (b) Planning and Design.—The Secretary of the Navy may carry out architectural and engineering services and construction design activities, using amounts appropriated pursuant to section 2224(a)(5)(A), with respect to the construction or improvement of military family housing units not to exceed $6,315,000. SEC. 2223. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS (a) In General.—Subject to section 2825 of title 10, United States Code, the Secretary of the Navy may improve, using amounts appropriated pursuant to section 2224(a)(5)(A), existing military family housing units in the amount of $59,689,000. (b) Waiver of Maximum Per Unit Cost for Certain Improvement Projects.— Notwithstanding the maximum amount per unit for an improvement project under section 2825(b) of title 10, United States Code, the Secretary of the Navy may carry out projects to improve existing military family housing units at the following installations in the number of units shown and in the amount shown, for each installation: Navy Public Works Center, San Diego, California, six units, $284,400. Navy Public Works Center, Great Lakes, Illinois, three hundred fifty-six units, $14,207,800. Navy Public Works Center, Great Lakes, Illinois, one hundred two units, $4,725,500. Naval Air Station, Brunswick, Maine, two hundred twenty-four units, $8,130,500. Naval Security Group Activity, Winter Harbor, Maine, thirty-two units, $2,251,700. Naval Security Group Activity, Winter Harbor, Maine, thirty units, $2,920,600. Naval Security Group Activity, Winter Harbor, Maine, twenty units, $920,000. Naval Air Station, Fallon, Nevada, one hundred six units, $8,129,300. Naval Air Engineering Center, Lakehurst, New Jersey, four units, $190,000. Marine Corps Air Station, Cherry Point, North Carolina, two units, $94,300. Marine Corps Air Station, Cherry Point, North Carolina, two hundred eighty-two units, $11,957,200. Naval Ships Part Control Center, Mechanicsburg, Pennsylvania, seventy-five units, $3,398,400. Naval Air Station, Whidbey Island, Seattle, Washington, eleven units, $632,600. Navy Public Works Center, Guam, two hundred twelve units, $18,473,800. SEC. 2224. AUTHORIZATION OF APPROPRIATIONS, NAVY (a) In General.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1988, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $1,144,984,000 as follows: (1) For military construction projects inside the United States authorized by section 2221(a), $339,460,000. (2) For military construction projects outside the United States authorized by section 2221(b), $2,820,000. (3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $16,300,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $147,333,000. (5) For military housing functions— (A) for construction and acquisition of military family housing and facilities, $91,004,000; (B) for support of military housing (including functions described in section 2833 of title 10, United States Code), $548,067,000 of which not more than $18,434,000 may be obligated or expended for the leasing of military family housing in the United States, the Commonwealth of Puerto Rico, and Guam; and not more than $23,982,000 may be obligated or expended for the leasing of military family housing units in foreign countries. (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 2221 of this Act may not exceed the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). TITLE III—AIR FORCE SEC. 2231. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS (a) Inside the United States.—The Secretary of the Air Force may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations inside the United States: air force logistics command Hill Air Force Base, Utah, $6,500,000. alaskan air command Elmendorf Air Force Base, Alaska, $18,000,000. strategic air command Base 61, $10,450,000. Dyess Air Force Base, Texas, $1,410,000. Ellsworth Air Force Base, South Dakota, $1,300,000. Fairchild Air Force Base, Washington, $4,700,000. Grand Forks Air Force Base, North Dakota, $3,400,000. Malmstrom Air Force Base, Montana, $8,550,000. McConnell Air Force Base, Kansas, $3,050,000. Whiteman Air Force Base, Missouri, $106,000,000. (b) Outside the United States.—The Secretary of the Air Force may acquire real property and may carry out military construction projects in the amounts shown for each of the following installations and locations outside the United States: pacific air forces Clark Air Base, Philippines, $2,450,000. Kunsan Air Base, Korea, $3,000,000. tactical air command Masirah, Oman, $2,850,000. Seeb, Oman, $7,300,000. SEC. 2232. FAMILY HOUSING The Secretary of the Air Force may carry out architectural and engineering services and construction design activities, using amounts appropriated pursuant to section 2234(a)(5)(A), with respect to the construction or improvement of military family housing units not to exceed $7,000,000. SEC. 2233. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS (a) In General.—Subject to section 2825 of title 10, United States Code, the Secretary of the Air Force may improve, using amounts appropriated pursuant to section 2234(a)(5)(A), existing military family housing units in an amount not to exceed $165,280,000. (b) Waiver of Maximum Per Unit Cost for Certain Improvement Projects.— Notwithstanding the maximum amount per unit for an improvement project under section 2825(b) of title 10, United States Code, the Secretary of the Air Force may carry out projects to improve existing military family housing units at the following installations, in the number of units shown, and in the amount shown, for each installation: Gunter Air Force Station, Alabama, twenty-three units, $1,111,000. Maxwell Air Force Base, Alabama, fifty units, $2,475,000. Elmendorf Air Force Base, Alaska, forty-eight units, $3,624,000. Davis-Monthan Air Force Base, Arizona, one unit, $60,000. MacDill Air Force Base, Florida, four units, $279,000. Barksdale Air Force Base, Louisiana, two units, $170,000; one hundred and seventy-four units, $8,435,000. Andrews Air Force Base, Maryland, five units, $338,000. Pease Air Force Base, New Hampshire, one unit, $56,000. Kirtland Air Force Base, New Mexico, four units, $215,000. Shaw Air Force Base, South Carolina, one hundred and twenty-five units, $4,710,000. Dyess Air Force Base, Texas, one unit, $64,000. Ramstein Air Base, Germany, two hundred and forty units, $11,829,000. Andersen Air Force Base, Guam, one unit, $167,000. Misawa Air Base, Japan, one hundred and eighty units, $7,125,000. Yokota Air Base, Japan, ninety-seven units, $5,200,000. Clark Air Base, Philippines, eighty-two units, $1,739,000. SEC. 2234. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE (a) In General.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1988, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,231,213,000 as follows: (1) For military construction projects inside the United States authorized by section 2231(a), $163,360,000. (2) For military construction projects outside the United States authorized by section 2231(b), $15,600,000. (3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $16,500,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $135,733,000. (5) For military family housing functions— (A) for construction and acquisition of military family housing and facilities, $172,280,000; (B) for support of military housing (including functions described in section 2833 of title 10, United States Code), $727,740,000 of which not more than $21,795,100 may be obligated or expended for the leasing of military family housing units in the United States, the Commonwealth of Puerto Rico, and Guam, and not more than $85,747,900 may be obligated or expended for the leasing of military family housing units in foreign countries. (b) Limitation on Total Cost of Construction Projects.—Notwithstanding the cost variations authorized by section 2858 of title 10, United States Code, or any other cost variations authorized by law, the total cost of all projects carried out under section 2231 may not exceed the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). TITLE IV—DEFENSE AGENCIES SEC. 2241. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS The Secretary of Defense may acquire real property and may carry out military construction projects at Kirtland Air Force Base, New Mexico, in the amount of $2,550,000. SEC. 2242. IMPROVEMENTS TO MILITARY HOUSING UNITS Subject to section 2825 of title 10, United States Code, the Secretary of Defense may improve, using amounts appropriated pursuant to section 2243(a)(5)(A), existing military family housing units in an amount not to exceed $112,000. SEC. 2243. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES (a) In General.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1988, 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 $169,250,000 as follows: (1) For military construction projects inside the United States authorized by section 2241, $2,550,000. (2) For military construction projects at Fort Sam Houston, Texas, authorized by section 2403(a) of the Military Construction Authorization Act, 1987, $23,000,000. (3) For military construction projects at Fort Lewis, Washington, authorized by section 101(a) of the Military Construction Authorization Act, 1985, $59,000,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $65,100,000. (5) For military family housing functions— (A) for construction and acquisition of military family housing and facilities, $112,000; and (B) for support of military housing (including functions described in section 2833 of title 10, United States Code), $19,488,000, of which not more than $14,027,000 may be obligated or expended for the leasing of military family housing units in foreign countries. (b)Limitation on Total Cost of Construction Projects.—Notwithstanding the cost variations authorized by section 2858 of title 10, United States Code, or any other cost variations authorized by law, the total cost of all projects carried out under section 2241 may not exceed the total amount authorized to be appropriated under paragraph (1) of subsection (a). TITLE V—NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE SEC. 2251. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Infrastructure 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 2252 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. SEC. 2252. AUTHORIZATION OF APPROPRIATIONS, NATO Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1988, 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 Infrastructure Program as authorized by section 2251, in the amount of $402,100,000. TITLE VI—GUARD AND RESERVE FORCES FACILITIES SEC. 2261. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS There are authorized to be appropriated for fiscal years beginning after September 30, 1988, 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 133 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, $168,672,000; and (B) for the Army Reserve, $100,000,000. (2) For the Department of the Navy, for the Naval and Marine Corps Reserves, $52,923,000. (3) For the Department of the Air Force— (A) for the Air National Guard of the United States, $134,550,000; and (B) for the Air Force Reserve, $55,900,000. TITLE VII—EXPIRATION OF AUTHORIZATIONS AND EFFECTIVE DATE SEC. 2271. EXPIRATION OF AUTHORIZATIONS OF PROJECTS AND APPROPRIATIONS FOR FISCAL YEARS AFTER FISCAL YEAR 1988 (a) In General.—Authorizations of military construction projects, land acquisition, family housing projects and facilities, contributions to the NATO Infrastructure Program, and Guard and Reserve projects in titles I, II, III, IV, V, and VI of this subdivision (and authorizations of appropriations therefor) shall be effective only to the extent that appropriations are made for such projects, acquisition, facilities, and contributions during the first session of the One Hundredth Congress. (b) Expiration of Authorizations After Two Years in Certain Cases.—(1) Except as provided in subsection (a) and paragraph (2), authorizations contained in titles I, II, III, IV, and V of this subdivision for military construction projects, land acquisition, family housing projects and facilities, contributions to the NATO Infrastructure Program, and Guard and Reserve projects shall remain in effect (to the extent that appropriations are made for such projects, acquisitions, facilities, and contributions during the first session of the One Hundredth Congress) until October 1, 1990, or the date of the enactment of a Military Construction Authorization Act for fiscal year 1991, whichever is later. (2) The provisions of paragraph (1) do not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, contributions to the NATO Infrastructure Program, and Guard and Reserve projects for which appropriated funds have been obligated before October 1, 1990, or the date of the enactment of the Military Construction Authorization Act for fiscal year 1991, whichever is later. SEC. 2272. EFFECTIVE DATE This subdivision shall take effect on October 1, 1988, except that the authorizations of appropriations contained therein shall take effect on the date of the enactment of this Act. Subdivision 3—General Provisions TITLE I—MILITARY CONSTRUCTION PROGRAM CHANGES SEC. 2301. TURN-KEY SELECTION PROCEDURES FOR DEFENSE AGENCIES Section 2862 of title 10, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking out “The Secretaries of the military departments, with the approval of the Secretary of Defense,” and inserting in lieu thereof “The Secretary concerned”; and (B) by adding at the end the following new sentence: “Such procedures may be used by the Secretary of a military department only with the approval of the Secretary of Defense.”; and (2) in subsection (b), by inserting after “The” the following: “Secretary of Defense, with respect to any Defense Agency, or the”. SEC. 2302. LONG-TERM FACILITIES CONTRACTS (a) New Coverage.—Section 2809(a)(1)(B) of title 10, United States Code, is amended— (1) by redesignating clause (vi) as clause (vii); and (2) by adding after clause (v) the following new clause: “(vi) Hospital or medical facilities.”. (b) Extension.—Section 2809(c) of such title is amended by striking out “1987” and inserting in lieu thereof “1989”. (c) Report.—Each Secretary who has entered into a contract under section 2809 of title 10, United States Code, shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives by February 15, 1989, containing— (1) the date and duration of, the other party to, and the nature of the activities carried out under each contract entered into by the Secretary under such section; and (2) recommendations, and the reasons therefor, concerning whether the authority to enter into contracts under such section should be extended. SEC. 2303. SETTLEMENT OF CONTRACTOR CLAIMS (a) In General.—Chapter 169 of title 10, United States Code, is amended by adding at the end of subchapter III the following new section: “§ 2863. Payment of contractor claims Notwithstanding any other provision of law, the Secretary concerned may pay meritorious contractor claims that arise under military construction contracts or family housing contracts. The Secretary of Defense, with respect to a Defense Agency, or the Secretary of a military department may use for such purpose any unobligated funds appropriated to such department and available for military construction or family housing construction, as the case may be.” (b) Clerical Amendment.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: “2863. Payment of contractor claims.”. SEC. 2304. GUARD AND RESERVE MINOR CONSTRUCTION (a) In General.—Section 2233a(b) of title 10, United States Code, is amended by striking out “$100,000” and inserting in lieu thereof “$200,000”. (b) Effective Date.—The amendment made by subsection (a) shall apply to projects authorized under section 2233(a) of title 10, United States Code, for which contracts are entered into on or after the date of the enactment of this Act. SEC. 2305. FAMILY HOUSING IMPROVEMENT THRESHOLD Section 2825(b)(1) of title 10, United States Code, is amended by striking out “$30,000” and inserting in lieu thereof “$40,000”. SEC. 2306. FAMILY HOUSING LEASING WITHIN THE UNITED STATES (a) In General.—Section 2828(g) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by inserting after “military department” the following: “, or the Secretary of Transportation with respect to the Coast Guard,”; and (B) by inserting “or rehabilitated to residential use” after “constructed”; (2) in paragraph (7), by inserting after “military department” the following: “, or the Secretary of Transportation with respect to the Coast Guard,”; and (3) by adding at the end of paragraph (8) the following new subparagraph: “(C) In addition to the contracts authorized by paragraph (7) and subparagraphs (A) and (B) of this paragraph— “(i) the Secretary of the Army may enter into one or more contracts under this subsection for not more than a total of 3,500 family housing units; “(ii) the Secretary of the Navy may enter into one or more contracts under this subsection for not more than a total of 2,000 family housing units; “(iii) the Secretary of the Air Force may enter into one or more contracts under this subsection for not more than a total of 2,100 family housing units; and “(iv) the Secretary of Transportation, for the Coast Guard, may enter into one or more contracts under this subsection for not more than a total of 300 family housing units.”; and (4) in paragraph (9), by striking out “September 30,1988.” and inserting in lieu thereof “September 30,1989.”. (b) Conforming Amendment.—Section 2801(d) of such title, as amended by section 632(b)(1) of this Act, is amended by striking out “section” after “other than” and inserting in lieu thereof “sections 2828(g) and”. SEC. 2307. FAMILY HOUSING RENTAL GUARANTEE PROGRAM Section 802 of the Military Construction Authorization Act, 1984 (10 U.S.C. 2821 note), is amended— (1) in subsection (a)— (A) by inserting after “military department,” the following: “or the Secretary of Transportation with respect to the Coast Guard,”; and (B) by inserting after “constructed” the following: “or rehabilitated to residential use”; (2) in subsection (b)(3), by striking out “not”; (3) in subsection (b)(6), by inserting before the semicolon “unless the project is located on government owned land, in which case the renewal period may not exceed the original contract term”; and (4) in subsection (b)(11), by inserting after “military department concerned,” the following: “or the Secretary of Transportation with respect to the Coast Guard,”. SEC. 2308. NO-COST ACQUISITION OF FAMILY HOUSING Section 2822(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(4) Housing units acquired without consideration, if— “(A) the Secretary concerned provides to the appropriate committees of Congress written notification of the facts concerning the proposed acquisition; and “(B) a period of 21 days elapses after the notification is received by those committees.”. SEC. 2309. COST THRESHOLD FOR INDIVIDUAL UNITS AND MAXIMUM NUMBER OF UNITS LEASED IN FOREIGN COUNTRIES (a) In General.—Section 2828(e) of title 10, United States Code, is amended— (1) in paragraph (1), by striking out “$16,800” and inserting in lieu thereof “$20,000 per unit per annum”; and (2) in paragraph (2), by striking out “32,000” and inserting in lieu thereof “36,000”. (b) Technical Amendments.—Section 2828(b) of such title is amended— (1) by inserting “per unit per annum” in paragraph (2) before the period; and (2) by striking out “$10,000” and “$12,000” in paragraph (3)(A) and inserting in lieu thereof “$10,000 per unit per annum” and “$12,000 per unit per annum”, respectively. SEC. 2310. MINOR CONSTRUCTION OUTSIDE THE UNITED STATES (a) In General.—Section 2805(c) of title 10, United States Code, is amended— (1) by striking out “The” and inserting in lieu thereof “(1) Except as provided in paragraph (2), the”; and (2) by adding at the end the following new paragraph: “(2) The authority provided in paragraph (1) may not be used with respect to any exercise-related unspecified military construction project coordinated or directed by the Joint Chiefs of Staff outside the United States.”. (b) Additional Limitation.—Section 2805(a) of such title is amended— (1) by striking out “Within” and inserting in lieu thereof “(1) Except as provided in paragraph (2), within”; and (2) by adding at the end the following new paragraph: “(2) A Secretary may not use more than $5,000,000 for exercise-related unspecified minor military construction projects coordinated or directed by the Joint Chiefs of Staff outside the United States during any fiscal year.”. SEC. 2311. COST THRESHOLD FOR MULTIPLE UNITS Section 2828(f) of title 10, United States Code, is amended by striking out “$250,000” and inserting in lieu thereof “$500,000”. SEC. 2312. COST VARIATIONS Paragraph (1) of section 2853(a) of title 10, United States Code, is amended by striking out “Except as” and all that follows through “appropriated for the project” and inserting in lieu thereof the following: “Except as provided in paragraph (2), the total cost authorized for military construction projects at an installation (including each project the cost of which is included in such total authorized cost and is less than the minor project ceiling) may be increased by not more than 25 percent of the total amount appropriated for such projects”. SEC. 2313. FAMILY HOUSING IMPROVEMENTS Section 2853(c) of title 10, United States Code, is amended by striking out “construction” and inserting in lieu thereof “construction, improvement,”. TITLE II—MISCELLANEOUS PROVISIONS SEC. 2321. PILOT PROGRAM FOR MILITARY FAMILY HOUSING (a) In General.—(1) The Secretary of Defense shall, using $1,000,000 of the funds appropriated pursuant to the authorization in subsection (a)(10)(B) of section 2145, establish and carry out, during fiscal years 1988, 1989, and 1990, a pilot program for the purpose of assisting units of general local government to increase the amount of affordable family housing available to military personnel. (2) In establishing and carrying out such program, the Secretary shall select at least five units of general local government which are severely impacted by the presence of military bases and personnel and which meet the criteria in subsection (b). (b) Selection Criteria.—The Secretary shall select such local governments on the basis of the following criteria: (1) The extent, or the potential extent, of a joint civilian-military effort to increase, or prevent the decrease of, affordable housing units in the community served by the local government. (2) The extent of willingness, or potential extent of willingness, of private corporations to contribute or loan money for the purpose of assisting in the effort described in paragraph (1). (3) A commitment by the local government to assure that a reasonable proportion, taking into consideration the extent of Federal funding, of the housing units provided as a result of the effort described in paragraph (1) will be made available to military personnel. (c) Types of Assistance.—In carrying out this section, the Secretary may make grants, enter into cooperative agreements, and supplement funds made available under Federal programs administered by agencies other than the Department of Defense in order to assist units of general local government and housing and redevelopment authorities and nonprofit housing corporations authorized by such local governments. (d) Use of Funding.—To expand the supply or prevent the loss of affordable family housing, funds made available under this section may be used for— (1) funding a revolving housing loan fund established and administered by a government, authority, or corporation described in subsection (c); (2) funding a housing loan guarantee fund established and administered by such a government, authority, or corporation to ensure repayment of housing loans made by a private lender; (3) funding feasibility studies of potential housing programs; (4) funding one-time start-up costs of housing programs; (5) funding joint community-military technical advisory organizations; (6) other similar and related activities. (e) Report.—The Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives no later than March 15 of 1988, 1989, 1990, and 1991 with respect to activities carried out under this section. SEC. 2322. RESTRICTIONS ON USE OF CERTAIN FUNDING (a) Nellis Air Force Base, Nevada.—None of the funds available for use by the Department of Defense in fiscal year 1988 may be used, directly or indirectly, to deactivate, convert, transfer, or otherwise diminish any part of the 474th Tactical Fighter Wing stationed at Nellis Air Force Base, Nevada. (b) Fort Monmouth, New Jersey.—None of the funds available for use by the Department of Defense in fiscal year 1988 may be used, directly or indirectly, to relocate the headquarters element and the elements of the several directorates of the Joint Tactical Command, Control, and Communications Agency at Fort Monmouth, New Jersey. (c) Strategic Homeporting.—(1)Funds appropriated pursuant to the authorizations in section 2208 of the Military Construction Authorization Act, 1987 (division B of Public Law 99‑661), and in section 2125 of this Act for Naval Station Everett, Washington, may not be obligated or expended for such purpose until— (A) all Federal, State, and local permits required for the dredging activities to be carried out with respect to homeporting at Everett, Washington, have been issued, including all permits required pursuant to, or otherwise in connection with, the Federal Water Pollution Control Act; and (B) the State of Washington has appropriated in fiscal year 1987 its share of funds for fiscal years 1988 and 1989 for all projects agreed with by the Department of the Navy for homeporting at Everett, Washington. (2) The provisions of this subsection shall apply to any activity carried out after November 14, 1986. (d) Port Chicago Highway.—None of the funds available for use by the Department of Defense in fiscal year 1988 may be used by the Department of Defense, directly or indirectly, before January 1, 1988, to take, or condemn, or close, any portion of the Port Chicago Highway which lies within the Concord Naval Weapons Station in Concord, California. (e) Air Defense Radar Stations.—None of the funds available for use by the Department of Defense in fiscal year 1988 (other than funds made available by the Office of Economic Adjustment) may be used, directly or indirectly, to deactivate, convert, transfer, or otherwise diminish the air defense radar stations located at Calumet Air Force Station, Michigan, or Port Austin Air Force Station, Michigan. SEC. 2323. PROHIBITION OF FUNDING FOR CERTAIN MILITARY CONSTRUCTION CONTRACTS ON GUAM (a) In General.—Except as provided in subsection (b), funds appropriated pursuant to any authorization made by this division may not be expended with respect to any contract for a military construction project on Guam if any work is carried out on such project by any person who is a nonimmigrant described in section 101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)). (b) Exception.—In any case in which there is no acceptable bid made in response to a solicitation by the Secretary of a military department for bids on a contract for a military construction project on Guam and the Secretary concerned makes a determination that the prohibition contained in subsection (a) is a significant deterrent to obtaining bids on such contract, the Secretary concerned may make another solicitation for bids on such contract and the prohibition contained in subsection (a) shall not apply to such contract after the end of the 21-day period beginning on the date on which the Secretary concerned transmits a report concerning such contract to the Committees on Armed Services of the Senate and the House of Representatives. (c) Effective Date.—This section shall apply only to contracts entered into, amended, or otherwise modified on or after the date of the enactment of this Act. SEC. 2324. COMMUNITY PLANNING ASSISTANCE The Secretary of Defense may use the following amounts to provide planning assistance to local communities located near the following homeports proposed under the Naval Strategic Dispersal Program if the Secretary determines that the financial resources available to the community (by grant or otherwise) are inadequate: (1) not more than $250,000 from funds appropriated to the Department of Defense for fiscal year 1988 for local communities located near the homeport at Everett, Washington; and (2) not more than $300,000 from funds appropriated to the Department of Defense for fiscal year 1988 and not more than $300,000 from funds appropriated to the Department of Defense for fiscal year 1989 pursuant to authorizations contained in this division for local communities located near Gulf Coast homeports, SEC. 2325. DISPOSITION OF REAL PROPERTY AT AIR FORCE MISSILE SITES (a) In General.—Chapter 949 of title 10, United States Code, is amended by adding at the end the following: “§ 9781. Disposition of real property at missile sites “(a)(1) The Secretary of the Air Force shall dispose of the interest of the United States in any tract of real property described in paragraph (2) or in any easement held in connection with any such tract of real property only as provided in this section. “(2) The real property referred to in paragraph (1) is any tract of land (including improvements thereon) owned by the Air Force that— “(A) is not required for the needs of the Air Force and the discharge of the responsibilities of the Air Force, as determined by the Secretary of the Air Force; “(B) does not exceed 25 acres; “(C) was used by the Air Force as a site for one or more missile launch facilities, missile launch control buildings, or other facilities to support missile launch operations; and “(D) is surrounded by lands that are adjacent to such tract and that are owned in fee simple by one owner or by more than one owner jointly, in common, or by the entirety. “(b) The Secretary shall convey, for fair market value, the interest of the United States in any tract of land referred to in subsection (a) or in any easement in connection with any such tract of land to any person or persons who, with respect to such tract of land, own lands referred to in paragraph (2)(D) of such subsection and are ready, willing, and able to purchase such interest for the fair market value of such interest. Whenever such interest of the United States is available for purchase under this section, the Secretary shall transmit a notice of the availability of such interest to each such person. “(c) The Secretary shall determine the fair market value of the interest of the United States to be conveyed under this section. “(d) The requirement to determine whether any tract of land described in subsection (a)(2) is excess property or surplus property under title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) before disposing of such tract shall not be applicable to the disposition of such tract under this section. “(e) The disposition of a tract of land under this section to any person shall be subject to (1) any easement retained by the Secretary with respect to such tract, and (2) such additional terms and conditions as the Secretary considers necessary or appropriate to protect the interests of the United States. “(f) The exact acreage and legal description of any tract of land to be conveyed under this section shall be determined in any manner that is satisfactory to the Secretary. The cost of any survey conducted for the purpose of this subsection in the case of any tract of land shall be borne by the person or persons to whom the conveyance of such tract of land is made. “(g) If any real property interest of the United States described in subsection (a) is not purchased under the procedures provided in subsections (a) through (f), such tract may be disposed of only in accordance with the Federal Property and Administrative Services Act of 1949.”. (b) Clerical Amendment.—The table of sections at the beginning of chapter 949 of such title is amended by adding at the end the following: “9781. Disposition of real property at missile sites.”. SEC. 2326. TULALIP TRIBES, WASHINGTON (a) In General.—(1) The Secretary of the Navy may pay, as provided in this section, to the Tulalip Indian Tribes of the State of Washington the sum of $3,400,000. Any payment made under this section shall be made out of funds appropriated to or for the use of the Navy pursuant to section 2125(a)(1). (2) Payment under this section shall be made in accordance with the Memorandum of Agreement dated July 22, 1987, between the United States and the Tulalip Tribes of Washington, and shall be in full settlement of the claims of such tribes for loss of access to and displacement from usual and accustomed fishing grounds and stations resulting from the construction and operation of Navy homeport facilities at Everett, Washington, and to support tribal resource enhancement efforts. (b) Condition of Settlement.—(1) Payment in final settlement of the tribal claims may not be made until the Secretary of the Navy has obtained from the Tulalip Tribes a release under which the tribes waive all claims against the United States— (A) for displacement from the homeport site during any period the site is owned by the United States; and (B) for additional displacement resulting from homeport construction-related activities at Port Gardner, Washington, as provided in the Memorandum of Agreement referred to in subsection (a)(2). (2) The release referred to in paragraph (1) shall also waive any claims the Tulalip Tribes may have against the United States or any successor in interest for loss of access resulting from the construction of permanent structures in connection with homeport facilities at Everett, Washington. (c) Protection of Reserved Rights.—Nothing in this section shall be construed to diminish any rights reserved to the Tulalip Tribes in the Memorandum of Understanding referred to in subsection (a)(2) with respect to claims that may arise from Navy-induced damages to fish habitat and other resources. TITLE III—REAL PROPERTY TRANSACTIONS SEC. 2331. LEASE OF PROPERTY, SAN FRANCISCO, CALIFORNIA (a) In General.—The Secretary of the Army shall lease, without consideration, the former Public Health Service facility located on the Presidio of San Francisco, California, to the City and County of San Francisco for use as a facility for the care and treatment of persons with acquired immune deficiency syndrome (AIDS) or acquired immune deficiency syndrome related complex (ARC), subject to subsections (b) through (d). (b) Terms of Lease.—In entering into the lease under this section, the Secretary— (1) shall provide for a term of ten years beginning no later than January 1, 1989; (2) shall provide that, in the event that the facility described in subsection (a) ceases to be used by the City and County of San Francisco for the purpose described in such subsection, the Secretary shall have the right of immediate reentry and the lease shall be automatically terminated; and (3) may require other terms and conditions necessary to protect the interests of the United States. (c) Authorization.—The Secretary may use not more than $1,900,000 of funds available to the Department of the Army for operation and maintenance during fiscal year 1988 for the purpose of leasing space and otherwise relocating personnel and equipment related to the activities being carried out at the facility on the date of the enactment of this Act. (d) Reports.—(1) The Secretary shall transmit, by March 1, 1988, to the Committees on Armed Services of the Senate and House of Representatives a report containing— (A) an analysis of the reasonable options available for the relocation of activities necessary as a result of the lease of the facility under this section, including the impact of each such option on the operations and resources of the Department of the Army; and (B) a detailed description of the preferred relocation plan, including a resource profile for all associated expenses and, in the case of any construction project associated with such relocation plan, a description of each such project and the anticipated timing of the obligation of funds for each such project. (2)(A) The City and County of San Francisco is requested to transmit, before March 1, 1988, a report to the committees described in paragraph (1) containing— (i) projections of the anticipated number of patients with AIDS or ARC who will need nursing care in the City and County of San Francisco over the period of the lease entered into under this section; (ii) different approaches to meeting this need for nursing care; (iii) the rationale for using the facility described in subsection (a) to meet this need; and (iv) its financial plan for renovating and operating such facility. (B) The Secretary may not enter into a lease under this section before the report described in subparagraph (A) has been received by the committees described in paragraph (1). SEC. 2332. SALE OF LAND AND REPLACEMENT OF CERTAIN FACILITIES, KAPALAMA MILITARY RESERVATION, HAWAII (a) In General.—Subject to subsections (b) through (g), the Secretary of the Army may convey approximately 43.72 acres of real property, together with improvements thereon, at Kapalama Military Reservation, Hawaii, and may replace and relocate facilities located on such property. (b) Consideration.—In consideration for the real property described in subsection (a), the purchasers of such property shall pay the United States— (1) in a manner determined by the Secretary, for the cost of the design and construction of suitable replacement facilities to be constructed at Fort Shafter, Fort Kamehameha, Tripler Army Medical Center, and Schofield Barracks, Hawaii; (2) for any cost incurred by the Department of the Army under this section with respect to the relocation of facilities; and (3) the amount of any difference referred to in subsection (d). (c) Sale and Replacement Activities.—The Secretary may use any amount received from the purchaser as described in paragraphs (1) and (2) of subsection (b) for the purpose of carrying out this section. (d) Payment of Excess Into Treasury.—If the fair market value of the real property and improvements described in subsection (a) exceeds the costs described in paragraphs (1) and (2) of subsection (b), as determined by the Secretary, the purchaser shall pay the amount of such difference to the Secretary, and the Secretary shall deposit such amount into the Treasury as miscellaneous receipts. (e) Competitive Bid Procedures.—The conveyance described in subsection (a) shall be carried out under competitive bid procedures. (f) Legal Description of Real Property.—The exact acreage and legal description of the real property described in subsection (a) shall be determined by a survey which is satisfactory to the Secretary. The cost of the survey shall be borne by the purchaser. (g) Additional Terms.—The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interests of the United States. SEC. 2333. LAND CONVEYANCE, LAWRENCE TOWNSHIP, INDIANA (a) Authority to Sell.—Subject to subsections (b) through (e), the Secretary of the Army may sell and convey to Lawrence Township, Marion County, Indiana all right, title, and interest of the United States in and to a parcel of land, consisting of approximately 3.23 acres, comprising a portion of Fort Benjamin Harrison, Indiana. (b) Conditions of Sale.—(1)In consideration for the sale and conveyance, the Township shall pay to the United States the fair market value, as determined by the Secretary, of the property to be conveyed by the United States under subsection (a). (2) The Township shall execute and file the deed of conveyance in the appropriate registry. (c) Recapture Rights.—The Secretary shall include in the deed of conveyance a condition that the United States may reenter and use the property without compensation in the event of a national emergency or declaration of war. (d) Legal Description of Lands.—The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by surveys that are satisfactory to the Secretary. The cost of any such survey shall be borne by the Township. (e) Additional Terms and Conditions.—The Secretary may require such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States. SEC. 2334. LAND TRANSFERS: ROCK ISLAND, ILLINOIS, AND FORT SAM HOUSTON, TEXAS (a) Authority to Transfer.—Subject to subsections (b) through (d), the Secretary of the Army may transfer, without consideration, to the administrative jurisdiction of the Administrator of Veterans’ Affairs— (1) two parcels of real property, and improvements thereon, totaling approximately 17.17 acres, comprising a portion of the Rock Island Arsenal, Rock Island, Illinois; and (2) a parcel of real property, and improvements thereon, totaling approximately 8.5 acres, comprising a portion of Fort Sam Houston, Texas. (b) Conditions on Conveyance.—The Administrator shall— (1) use the real property described in subsection (a) for cemeteries which are to be part of the National Cemetery System; (2) transfer any portion of such property back to the administrative jurisdiction of the Secretary of the Army, if such portion is not used for such a cemetery; and (3) enter into an agreement with the Secretary to carry out the purposes of this section. (c) Legal Description and Surveys.—The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by surveys that are satisfactory to the Secretary. The cost of such surveys shall be borne by the Administrator. (d) Additional Terms and Conditions.—The Secretary may require such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States. SEC. 2335. PROPERTY TRANSFER, BROOKLYN, NEW YORK In accordance with the provisions of section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483) governing transfers of excess property, the Administrator of General Services shall transfer, without reimbursement, to the Secretary of the Navy the excess six story building and associated land, known as Dayton Manor, located near Fort Hamilton, Brooklyn, New York, for rehabilitation and use as military family housing. SEC. 2336. LAND EXCHANGE, ORANGE COUNTY, CALIFORNIA (a) Transfer.—Subject to subsections (b) through (e), the Secretary of the Navy may convey to Orange County, California, all right, title, and interest of the United States in and to a parcel of real property, with improvements thereon, consisting of approxi-mately 137 acres located in the center of Mile Square Regional Park, Orange County, California. (b) Consideration.—In consideration for the conveyance by the Secretary under subsection (a), Orange County shall convey to the United States parcels of real property, with improvements thereon, consisting of approximately 41 total acres located adjacent to the Marine Corps Air Station, Tustin, California. (c) Payment by County.—If the fair market value of the real property and improvements conveyed by the Secretary under subsection (a) exceeds the fair market value of the real property conveyed by Orange County under subsection (b), the county shall pay the difference to the United States. Any such payment shall be covered into the Treasury as miscellaneous receipts. (d) Obligations of Parties.—The exact acreages and legal descriptions of the real property to be conveyed under this section shall be determined by surveys which are satisfactory to the Secretary. The cost of any such survey shall be borne by Orange County. (e) Additional Terms and Conditions.—The Secretary may require such additional terms and conditions in connection with the transaction authorized by this section as the Secretary considers appropriate to protect the interests of the United States. SEC. 2337. TRANSFER OF LAND, JOLIET ARMY AMMUNITION PLANT, ILLINOIS (a) Authority To Convey.—The Secretary of the Army shall transfer to the Administrator of Veterans’ Affairs not less than 200 acres of real property, including improvements thereon, located on the Joliet Army Ammunition Plant, Illinois, and with access to State Route 53. (b) Use of Land.—(1) The Administrator shall use the real property transferred under subsection (a) for a national cemetery. (2) A national cemetery established on such real property shall become part of the National Cemetery System and shall be administered under chapter 24 of title 38, United States Code. (c) Restoration.—(1) The Secretary of the Army shall carry out appropriate environmental restoration activities pursuant to chapter 160 of title 10, United States Code, with respect to such real property before transferring it under this section. (2) The Secretary may not transfer such property under this section unless the Administrator of Veterans’ Affairs has determined that contamination that would prevent the property from being used as a national cemetery has been removed and that the land has been restored so that it is appropriate for such use. (d) Legal Description.—The exact acreage and legal descriptions of any property transferred under this section shall be based on surveys that are satisfactory to the Secretary. The Administrator shall bear the cost of such surveys. SEC. 2338. LEASE OF PROPERTY AT THE NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA (a) In General.—The Secretary of the Navy may lease, at fair market rental value, to the Port of Oakland, California, not more than 195 acres of real property, together with improvements thereon, at the Naval Supply Center, Oakland, California. (b) Term of Lease.—The lease entered into under subsection (a) may be for such term as the Secretary determines appropriate, with an initial term not to exceed 25 years and an option to extend for a term not to exceed 25 years. (c) Replacement and Relocation Payments.—The Secretary may, under the terms of the lease, require the Port of Oakland to pay the Secretary— (1) a negotiated amount for the structures on the leased property that require replacement at a new location; (2) a negotiated amount for expenses to be incurred by the Navy with respect to vacating the leased property and relocating to other facilities. (d) Use of Funds.—(1) Funds received by the Secretary under subsection (c) may be used by the Secretary to pay for relocation expenses and constructing new facilities or making modifications to existing facilities which are necessary to replace facilities on the leased premises. (2)(A) Funds received by the Secretary for the fair market rental value of the real property may be used to pay for relocation and replacement costs incurred by the Navy in excess of the amount received by the Secretary under subsection (c). (B) Funds received by the Secretary for such fair market rental value in excess of the amount used under subparagraph (A) shall be deposited into the miscellaneous receipts of the Treasury. (e) Authority To Demolish and Construct Facilities.—The Secretary may, under the terms of the lease, authorize the Port of Oakland to demolish existing facilities on the leased land and to provide for construction of new facilities on such land for the use of the Port of Oakland. (f) Report.—The Secretary may not enter into a lease under this section until— (1) the Secretary has transmitted to the Committee on Armed Services of the Senate and of the House of Representatives a report containing an explanation of the terms of the lease, especially with respect to the amount the Secretary is to receive under subsection (c) and the amount that is expected to be used under subsection (d)(2); and (2) a period of 21 days has expired after the date on which such report is received by such Committees. (g) Additional Terms.—The Secretary may require such additional terms and conditions in connection with the lease authorized by this section as the Secretary considers appropriate to protect the interests of the United States. SEC. 2339. AUTHORITY TO RELEASE CERTAIN RIGHTS (a) In General.—The Secretary of the Army may release, discharge, waive, and quitclaim all right, title, and interest which the United States may have by virtue of the quitclaim deed dated November 22, 1957, in and to approximately 46.1186 acres of real property, with improvements thereon, in Tarrant County, Texas. (b) Condition.—The Secretary may carry out subsection (a) only after obtaining satisfactory assurances that the State of Texas shall obtain, in exchange for the real property referred to in subsection (a), a tract of real property— (1) which is at least equal in value to the real property referred to in subsection (a); and (2) which shall be, on the date on which the State obtains it, subject to the same restrictions and covenants with respect to the Federal Government as are applicable on the date of the enactment of this Act to the real property referred to in subsection (a), (c) Legal Description of Real Property.—The exact acreage and legal descriptions of the real property referred to in subsection (a) shall be based upon surveys that are satisfactory to the Secretary. SEC. 2340. MINERAL INTERESTS AT WHITE SANDS MISSILE RANGE, NEW MEXICO (a) Authority To Grant Interest.—The Secretary of the Army may grant to the State of New Mexico an interest in the minerals in or on the land described in subsection (d). (b) Interest, Terms, and Conditions of Grant.—The extent of the interest granted to the State of New Mexico pursuant to subsection (a), and the other terms and conditions of such grant, shall be those prescribed by the Attorney General, after consultation with the Secretary of the Army and the Secretary of the Interior. (c) Settlement of Claims.—The acceptance by the State of New Mexico of any interest in minerals made to such State pursuant to this section shall be in full settlement of the claims of such State against the United States as set forth in the case of Humphries v. United States, United States Claims Court (case number 94-79L). (d) Description of Land.—The land referred to in subsection (a) is land located within the boundaries of the White Sands Missile Range, New Mexico, which was owned by the State of New Mexico and which was found by the Court of Claims to have been taken by the United States by inverse condemnation. (e) Additional Terms and Conditions.—The Secretary of the Army may require such additional terms and conditions as the Secretary, in consultation with the Attorney General, considers appropriate to protect the interests of the United States. SEC. 2341. LAND CONVEYANCE, FORT JACKSON, SOUTH CAROLINA Subsection (e)(1) of section 840 of the Military Construction Authorization Act, 1986 (Public Law 99–167), is amended— (1) by striking “and” at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following new subparagraph: “(D) for a water systems improvement project at Fort Jackson at an estimated cost of $2,300,000, and for family housing improvement projects at Fort Jackson at an estimated cost not to exceed $6,400,000.”. SEC. 2342. LAND EXCHANGE, HAMILTON AIR FORCE BASE, CALIFORNIA (a) In General.—Subject to subsections (b) through (d), the Secretary of the Army and the Secretary of the Navy may, jointly or separately, enter into an agreement for the exchange of lands and interest in lands under their respective jurisdictions at Hamilton Air Force Base, California, with the purchaser of other lands at such air force base which, before the date of the enactment of this Act, were declared excess to the needs of the United States. (b) Conditions on Exchanges.—Exchanges of land and interests in real property under this section shall be made on condition that the United States receive land or interests in real property at least equal in value (as determined by the Secretary of the Army or the Secretary of the Navy, as the case may be) to the land and interests in real property conveyed by the United States. (c) Legal Description and Surveys.—The exact acreage and legal description of the real property to be exchanged under this section shall be determined by surveys that are satisfactory to the Secretary of the Army or the Secretary of the Navy, as the case may be. The cost of such surveys shall be borne by the purchaser referred to in subsection (a). (d) Additional Terms and Conditions.—The Secretary of the Army and the Secretary of the Navy may require such additional terms and conditions under this section as each such Secretary considers appropriate to protect the interests of the United States. SEC. 2343. LAND CONVEYANCE, CHANUTE AIR FORCE BASE, ILLINOIS (a)Authority to Sell.—Subject to subsections (b) through (g), the Secretary of the Air Force may sell all or any portion of that tract of land (together with any improvements thereon) which comprises the Chapman Court Housing Annex, a housing complex near Chanute Air Force Base, Illinois, consisting of 49 acres, more or less. (b) Conditions of Sale.—The Secretary shall require the buyer, as a condition of any sale of any of the property referred to in subsection (a), to carry out the following projects at Chanute Air Force Base in accordance with specifications mutually agreed upon by the Secretary and the prospective purchaser: (1) Widen and extend Heritage Drive. (2)Construct a new entrance gate (including a gate guardhouse) to serve as the main entrance from U.S. Route 45. (3) Construct a visitor reception center and parking lot to serve such center. (4) Construct new streets or alter existing streets in order to effectively reroute automobile traffic (on the Air Force Base) to and from the proposed new gate. (c) Competitive Bid Requirement and Minimum Sale Price.—(1)The sale of any of the land referred to in subsection (a) shall be carried out under publicly advertised, competitive bid, or competitively negotiated contracting procedures. (2) In no event may any of the land referred to in subsection (a) be sold for less than its fair market value, as determined by the Secretary. (d) Report Requirements.—(1)The Secretary may not enter into any contract for the sale of any or all of the land referred to in subsection (a) unless— (A) the Secretary has submitted to the Committees on Armed Services of the Senate and House of Representatives a report containing the details of the contract proposed to be entered into by the Secretary under this section; and (B) a period of 21 days has expired following the date on which the report referred to in clause (A) is received by such committees. (2) Any report submitted under paragraph (1) shall include— (A) a description of the price and terms of the proposed sale; (B) a description of the procedures used in selecting a buyer for the land; and (C) all pertinent information regarding the base development proposal selected by the Secretary. (e) Use of Excess Funds.— If the fair market value of the property conveyed to a buyer under this section is greater than the fair market value of the facilities constructed by the buyer for the United States, as determined by the Secretary, the buyer shall pay the difference to the United States. Any such amount paid to the Secretary shall be deposited into the general fund of the Treasury. (f) Legal Description of Land.— The exact acreage and legal description of any land conveyed under this section shall be determined by a survey which is satisfactory to the Secretary. The cost of such survey shall be borne by the buyer. (g) Additional Terms.— The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interests of the United States. SEC. 2344. LAND EXCHANGE, SAN DIEGO, CALIFORNIA (a) Authority to Exchange.—Subject to subsections (b) through (f), the Secretary of the Air Force may convey certain real property (and improvements thereon) adjacent to Air Force Plant 19 in San Diego, California, to the County of San Diego, California, in exchange for certain real property (and improvements thereon) located in San Diego County, California. (b) Condition.—If the fair market value of the real property and improvements conveyed to the County of San Diego under subsection (a) exceeds the fair market value of the real property and improvements conveyed to the United States by the County of San Diego, the County shall pay to the United States an amount equal to the difference. The Secretary shall deposit any funds received under this subsection as miscellaneous receipts in the Treasury. (c) Legal Description of Real Property.—The exact acreage and legal description of the real property exchanged under this section shall be in accordance with surveys that are satisfactory to the Secretary. The costs of such surveys shall be borne by the County. (d) Additional Terms.—The Secretary may require such additional terms and conditions under this section as the Secretary considers appropriate to protect the interests of the United States. (e) Report.—Before the Secretary enters into an agreement authorized under subsection (a) for an exchange of real property with the County, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the details of such proposed agreement. The report shall also include an assessment of the impact of the proposed exchange on— (1) current activities of the Department of Defense at Plant 19; (2) the potential disposal of Plant 19 to a private concern; (3) the potential transfer of Plant 19 to another military department; and (4) the ability of Plant 19 to support potential or programmed future missions of the Department of Defense. (f) Waiting Period.—An agreement for an exchange authorized by subsection (a) may not be entered into by the Secretary for a period of 30 days after the date on which the report referred to in subsection (e) has been received by the committees named in such subsection. SEC. 2345. PROPERTY TRANSACTION, BARLING, ARKANSAS (a) In General.—Subject to subsections (b) through (e), the Secretary of the Army shall lease to the City of Barling, Arkansas, for use by that city in the treatment of sewage, the following tracts of land at Fort Chaffee, Arkansas: (1) A tract consisting of 320 acres and more particularly described as the NE¼ and the NW¼ of section 34, Township 8 North, Range 31 West. (2) A tract 40 feet wide running from the northern boundary of the tract described in paragraph (1) to the Arkansas River, as may be agreed upon by the Secretary and the city of Barling. (b) Lease Requirements.—(1) The lease entered into under subsection (a) shall authorize the City to construct and maintain a wastewater treatment facility on the land leased under subsection (a). Upon termination of the lease, the United States shall have all right, title, and interest in and to any improvements on the land. (2) The lease shall be for such period, not less than 55 years, as may be agreed upon by the Secretary and the City. (3) The lease shall require the City to pay rent for the use of the land in an amount to be agreed upon by the Secretary and the City, but not exceeding $1,600 per year. (c) Alternative Lease.—(1) In lieu of leasing to the City of Barling the lands described in subsection (a), the Secretary may lease to the City other lands under the jurisdiction of the Secretary adjacent to existing lagoons at Fort Chaffee, Arkansas, for use by the City in the treatment of sewage. (2) Land leased to the city pursuant to paragraph (1) shall be leased at an annual rate of not more than $5 per acre. (3) Any lease entered into pursuant to paragraph (1) shall be subject to paragraphs (1) and (2) of subsection (b). (4) If a lease is entered into under this subsection, the Secretary may permit the City to use the sewage treatment facilities of Fort Chaffee under an agreement which would require the City to pay a reasonable cost for the use of such facilities and any reasonable costs incurred by the Army in increasing the capacity of the sewage treatment facilities at Fort Chaffee to accommodate the use of such facilities by the City. (d) Legal Description of Lands.—The exact acreage and legal description of any land to be leased under this section shall be determined by surveys that are satisfactory to the Secretary. The cost of such surveys shall be borne by the City. (e) Additional Terms and Conditions.—Any lease or other agreement entered into under this section shall be subject to such other terms and conditions as the Secretary of the Army determines necessary or appropriate to protect the interests of the United States.

4. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title XIII § 1301(17) · 104 Stat. 1485

   Amended · 10 U.S.C. § 2822(b)(4)

   Pub. L. 101–510 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Housing units acquired without consideration, if—

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 101–510 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Housing units acquired without consideration, if—

   “(A) the Secretary concerned provides to the appropriate committees of Congress written notification of the facts concerning the proposed acquisition; and “(B) a period of 21 days elapses after the notification is received by those committees.”

   Enacted provision · exact public law section
   (17) Paragraph (4) of section 2822(b) is amended to read as follows: “(4) Housing units acquired without consideration.”.

5. 1991

   Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

   Pub. L. 102–25 title VII § 701(j)(9) · 105 Stat. 75

   Changed · 10 U.S.C. § 2822(b)(4)

   Pub. L. 102–25 realigned margin of par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 102–25 realigned margin of par. (4).

   Enacted provision · exact public law section
   (9) Section 2822(b) of title 10, United States Code, is amended by realigning paragraph (4) so as to be indented two ems.

6. 1992

   Military Construction Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 div. B title XXVIII § 2802(b) · 106 Stat. 2315

   Added · 10 U.S.C. § 2822(b)(5)

   Pub. L. 102–484 added par. (5)

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 102–484 added par. (5).

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 2822(b) of such title is amended by adding at the end the following new paragraph: “(5) Replacement housing unite constructed under section 2825(c) of this title”.

7. 2003

   Military Construction Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. B title XXVIII § 2805(b) · 117 Stat. 1392

   Added · 10 U.S.C. § 2822(b)(6)

   Pub. L. 108–136 added par. (6)

   Source evidence

   Code amendment note
   Subsec. (b)(6). Pub. L. 108–136 added par. (6).

   Enacted provision · exact public law section
   (b) Exception to Requirement for Authorization of Number of Housing Units.— Section 2822(b) 10 USC 2822. of such title is amended by adding at the end the following new paragraph: “(6) Housing units constructed or provided under section 2869 of this title.” .

6 of 7 references resolved to an enrolled provision · 1 partial