Duncan Hunter National Defense Authorization Act for Fiscal Year 2009/Title XXVIII

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Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
United States Congress
Title XXVIII: Military Construction General Provisions

Contents

TITLE XXVII—MILITARY CONSTRUCTION GENERAL PROVISIONS[edit]

Subtitle A--Military Construction Program and Military Family Housing Changes[edit]

SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN IN DOCUMENTS SUBMITTED AS PART OF PROPOSED MILITARY CONSTRUCTION PROJECTS.[edit]

(a) Definition of Life-Cycle Cost-Effective- Subsection (c) of section 2801 of title 10, United States Code, is amended--
(1) by transferring paragraph (4) to appear as the first paragraph in the subsection and redesignating such paragraph as paragraph (1);
(2) by redesignating the subsequent three paragraphs as paragraphs (2), (4), and (5), respectively; and
(3) by inserting after paragraph (2), as so redesignated, the following new paragraph:
`(3) The term `life-cycle cost-effective', with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.'.
(b) Inclusion- Section 2802 of such title is amended by adding at the end the following new subsection:
`(c) In determining the scope of a proposed military construction project, the Secretary concerned shall submit to the President such recommendations as the Secretary considers to be appropriate regarding the incorporation and inclusion of life-cycle cost-effective practices as an element in the project documents submitted to Congress in connection with the budget submitted pursuant to section 1105 of title 31 for the fiscal year in which a contract is proposed to be awarded for the project.'.

SEC. 2802. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO CERTAIN DOMESTIC ARMY FAMILY HOUSING LEASES TO REFLECT PREVIOUSLY MADE ANNUAL ADJUSTMENTS IN AMOUNT.[edit]

Section 2828(b)(7)(A) of title 10, United States Code, is amended by striking `$18,620 per unit' and inserting `$35,000 per unit'.

SEC. 2803. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER BUILD AND LEASE AUTHORITY TO HOUSE MEMBERS WITHOUT DEPENDENTS.[edit]

(a) In General- Subchapter II of chapter 169 of title 10, United States Code, is amended by inserting after section 2835 the following new section:
`Sec. 2835a. Use of military family housing constructed under build and lease authority to house other members
`(a) Individual Assignment of Members Without Dependents- (1) To the extent that the Secretary concerned determines that military family housing constructed and leased under section 2835 of this title is not needed to house members of the armed forces eligible for assignment to military family housing, the Secretary may assign, without rental charge, members without dependents to the housing.
`(2) A member without dependents who is assigned to housing pursuant to paragraph (1) shall be considered to be assigned to quarters pursuant to section 403(e) of title 37.
`(b) Conversion to Long-Term Leasing of Military Unaccompanied Housing- (1) If the Secretary concerned determines that military family housing constructed and leased under section 2835 of this title is excess to the long-term needs of the family housing program of the Secretary, the Secretary may convert the lease contract entered into under subsection (a) of such section into a long-term lease of military unaccompanied housing.
`(2) The term of the lease contract for military unaccompanied housing converted from military family housing under paragraph (1) may not exceed the remaining term of the lease contract for the family housing so converted.
`(c) Notice and Wait Requirements- (1) The Secretary concerned may not convert military family housing to military unaccompanied housing under subsection (b) until--
`(A) the Secretary submits to the congressional defense committees a notice of the intent to undertake the conversion; and
`(B) a period of 21 days has expired following the date on which the notice is received by the committees or, if earlier, a period of 14 days has expired following the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title.
`(2) The notice required by paragraph (1) shall include--
`(A) an explanation of the reasons for the conversion of the military family housing to military unaccompanied housing;
`(B) a description of the long-term lease to be converted;
`(C) amounts to be paid under the lease; and
`(D) the expiration date of the lease.
`(d) Application to Housing Leased Under Former Authority- This section also shall apply to housing initially acquired or constructed under the former section 2828(g) of this title (commonly known as the `Build to Lease program'), as added by section 801 of the Military Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat 782).'.
(b) Clerical Amendment- The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2835 the following new item:
`2835a. Use of military family housing constructed under build and lease authority to house other members.'.

SEC. 2804. LEASING OF MILITARY FAMILY HOUSING TO SECRETARY OF DEFENSE.[edit]

(a) Leasing of Housing- Subchapter II of chapter 169 of title 10, United States Code, is amended by inserting after section 2837 the following new section:
`Sec. 2838. Leasing of military family housing to Secretary of Defense
`(a) Authority- (1) The Secretary of a military department may lease to the Secretary of Defense military family housing in the National Capital Region (as defined in section 2674(f) of this title).
`(2) In determining the military housing unit to lease under this section, the Secretary of Defense should first consider any available military housing units that are already substantially equipped for executive communications and security.
`(b) Rental Rate- A lease under subsection (a) shall provide for the payment by the Secretary of Defense of consideration in an amount equal to 105 percent of the monthly rate of basic allowance for housing prescribed under section 403(b) of title 37 for a member of the uniformed services in the pay grade of O-10 with dependents assigned to duty at the military installation on which the leased housing unit is located. A rate so established shall be considered the fair market value of the lease interest.
`(c) Treatment of Proceeds- (1) The Secretary of a military department shall deposit all amounts received pursuant to leases entered into by the Secretary under this section into a special account in the Treasury established for such military department.
`(2) The proceeds deposited into the special account of a military department pursuant to paragraph (1) shall be available to the Secretary of that military department, without further appropriation, for the maintenance, protection, alteration, repair, improvement, or restoration of military housing on the military installation at which the housing leased pursuant to subsection (a) is located.'.
(b) Clerical Amendment- The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:
`2838. Leasing of military family housing to Secretary of Defense.'.

SEC. 2805. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILITARY HOUSING PRIVATIZATION INITIATIVE PROJECTS.[edit]

(a) Oversight and Accountability-
(1) IN GENERAL- Subchapter IV of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 2885. Oversight and accountability for privatization projects
`(a) Oversight and Accountability Measures- Each Secretary concerned shall prescribe regulations to effectively oversee and manage military housing privatization projects carried out under this subchapter. The regulations shall include the following requirements for each privatization project:
`(1) The installation asset manager shall conduct monthly site visits and provide quarterly reports on the progress of the construction or renovation of the housing units. The reports shall be submitted quarterly to the assistant secretary for installations and environment of the respective military department.
`(2) The installation asset manager, and, as applicable, the resident construction manager, privatization asset manager, bondholder representative, project owner, developer, general contractor, and construction consultant for the project shall conduct meetings to ensure that the construction or renovation of the units meets performance and schedule requirements and that appropriate operating and ground lease agreements are in place and adhered to.
`(3) If a project is 90 days or more behind schedule or otherwise appears to be substantially failing to adhere to the obligations or milestones under the contract, the assistant secretary for installations and environment of the respective military department shall submit a notice of deficiency to the Deputy Under Secretary of Defense (Installations and Environment), the Secretary concerned, the managing member, and the trustee for the project.
`(4)(A) Not later than 15 days after the submittal of a notice of deficiency under paragraph (3), the Secretary concerned or designated representative shall submit to the project owner, developer, or general contractor responsible for the project a summary of deficiencies related to the project.
`(B) If the project owner, developer, or general contractor responsible for the privatization project is unable, within 60 days after receiving a notice of deficiency under subparagraph (A), to make progress on the issues outlined in such notice, the Secretary concerned shall notify the congressional defense committees of the status of the project, and shall provide a recommended course of action to correct the problems.
`(b) Required Qualifications- The Secretary concerned or designated representative shall ensure that the project owner, developer, or general contractor that is selected for each military housing privatization initiative project has construction experience commensurate with that required to complete the project.
`(c) Bonding Levels- The Secretary concerned shall ensure that the project owner, developer, or general contractor responsible for a military housing privatization initiative project has sufficient payment and performance bonds or suitable instruments in place for each phase of a construction or renovation portion of the project to ensure successful completion of the work in amounts as agreed to in the project's legal documents, but in no case less than 50 percent of the total value of the active phases of the project, prior to the commencement of work for that phase.
`(d) Reporting of Efforts To Select Successor in Event of Default- In the event a military housing privatization initiative project enters into default, the assistant secretary for installations and environment of the respective military department shall submit a report to the congressional defense committees every 90 days detailing the status of negotiations to award the project to a new project owner, developer, or general contractor.
`(e) Effect of Notices of Deficiency on Contractors and Affiliated Entities- (1) The Secretary concerned shall keep a record of all plans of action or notices of deficiency issued to a project owner, developer, or general contractor under subsection (a)(4), including the identity of each parent, subsidiary, affiliate, or other controlling entity of such owner, developer, or contractor.
`(2) Each military department shall consult all records maintained under paragraph (1) when reviewing the past performance of owners, developers, and contractors in the bidding process for a contract or other agreement for a military housing privatization initiative project.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:
`2885. Oversight and accountability for privatization projects.'.
(b) Report for Identifying and Communicating Best Practices for Transactions- Section 2884(b) of such title is amended by adding at the end the following new paragraph:
`(7) A report on best practices for the execution of housing privatization initiatives, including--
`(A) effective means to track and verify proper performance, schedule, and cash flow;
`(B) means of overseeing the actions of bondholders to properly monitor construction progress and construction draws;
`(C) effective structuring of transactions to ensure the United States Government has adequate abilities to oversee project owner performance;
`(D) ensuring that notices to proceed on new work are not issued until proper bonding is in place; and
`(E) such other topics that are identified as pertinent by the Department of Defense.'.
(c) Partnership With Eligible Entity Required- Section 2871(5) of title 10, United States Code, is amended by inserting before the period at the end the following: `that is prepared to enter into a contract as a partner with the Secretary concerned for the construction of military housing units and ancillary supporting facilities'.
(d) Competitive Process for Conveyance or Lease of Property- Section 2878 of such title is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (e); respectively; and
(2) by inserting after subsection (b) the following new subsection:
`(c) Competitive Process- The Secretary concerned shall ensure that the time, method, and terms and conditions of the reconveyance or lease of property or facilities under this section from the eligible entity permit full and free competition consistent with the value and nature of the property or facilities involved.'.
(e) Treatment of Acquired or Constructed Housing Units-
(1) REPEAL OF SEPARATE ASSIGNMENT AUTHORITY- Section 2882 of such title is amended to read as follows:
`Sec. 2882. Effect of assignment of members to housing units acquired or constructed under alternative authority
`(a) Treatment as Quarters of the United States- Except as provided in subsection (b), housing units acquired or constructed under this subchapter shall be considered as quarters of the United States or a housing facility under the jurisdiction of a uniformed service for purposes of section 403 of title 37.
`(b) Availability of Basic Allowance for Housing- A member of the armed forces who is assigned to a housing unit acquired or constructed under this subchapter that is not owned or leased by the United States shall be entitled to a basic allowance for housing under section 403 of title 37.
`(c) Lease Payments Through Pay Allotments- The Secretary concerned may require members of the armed forces who lease housing in housing units acquired or constructed under this subchapter to make lease payments for such housing pursuant to allotments of the pay of such members under section 701 of title 37.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter IV of chapter 169 of such title is amended by striking the item relating to section 2882 and inserting the following new item:
`2882. Effect of assignment of members to housing units acquired or constructed under alternative authority.'.
(f) Annual Report on Maintenance and Repair to Privatized General and Flag Officer Quarters- Section 2884(b) of such title, as amended by subsection (b), is further amended by adding at the end the following new paragraph:
`(8) A report identifying each family housing unit acquired or constructed under this subchapter that is used, or intended to be used, as quarters for a general officer or flag officer and for which the total operation, maintenance, and repair costs for the unit exceeded $50,000. For each housing unit so identified, the report shall also include the total of such operation, maintenance, and repair costs.'.

SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS INSIDE THE UNITED STATES CENTRAL COMMAND AND UNITED STATES AFRICA COMMAND AREAS OF RESPONSIBILITY.[edit]

(a) One-Year Extension of Authority- Subsection (a) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as amended by section 2810 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2128), section 2809 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508), section 2802 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2466), and section 2801 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 538), is further amended--
(1) by striking `2008' and inserting `2009'; and
(2) by striking `outside the United States' and inserting `inside the United States Central Command and United States Africa Command areas of responsibility'.
(b) Exception for Projects in Afghanistan From Limitation on Authority Related to Long-Term United States Presence- Such subsection, as so amended, is further amended by inserting before the period at the end of paragraph (2) the following: `, unless the military installation is located in Afghanistan, for which projects using this authority may be carried out at installations deemed as supporting a long-term presence'.
(c) Modification of Annual Limitation on Use of Authority- Subsection (c) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723) is amended to read as follows:
`(c) Annual Limitation on Use of Authority- (1) The total cost of the construction projects carried out under the authority of this section using, in whole or in part, appropriated funds available for operation and maintenance shall not exceed $200,000,000 in a fiscal year.
`(2) If the Secretary of Defense certifies to the congressional defense committees that additional construction in Afghanistan is required to meet urgent military requirements in Afghanistan, up to an additional $300,000,000 in funds available for operation and maintenance may be used in Afghanistan upon completing the prenotification requirements under subsection (b). Under no circumstances shall the total appropriated funds available from operation and maintenance for fiscal year 2009 exceed $500,000,000.'.
(d) Quarterly Reports- Subsection (d)(1) of such section, as amended by section 2810 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2128) and section 2809 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508), is further amended by striking `30 days' and inserting `45 days'.

SEC. 2807. COST-BENEFIT ANALYSIS OF DISSOLUTION OF PATRICK FAMILY HOUSING LLC.[edit]

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

Subtitle B--Real Property and Facilities Administration[edit]

SEC. 2811. CLARIFICATION OF CONGRESSIONAL REPORTING REQUIREMENTS FOR CERTAIN REAL PROPERTY TRANSACTIONS.[edit]

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

SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY DEPARTMENTS AND DEFENSE AGENCIES.[edit]

(a) Consolidation of Separate Authorities-
(1) ESTABLISHMENT OF SINGLE AUTHORITY- Subsection (a) of section 2667 of title 10, United States Code, is amended to read as follows:
`(a) Lease Authority- Whenever the Secretary concerned considers it advantageous to the United States, the Secretary concerned may lease to such lessee and upon such terms as the Secretary concerned considers will promote the national defense or to be in the public interest, real or personal property that--
`(1) is under the control of the Secretary concerned;
`(2) is not for the time needed for public use; and
`(3) is not excess property, as defined by section 102 of title 40.'.
(2) SECRETARY CONCERNED DEFINED- Subsection (i) of such section is amended by adding at the end the following new paragraph:
`(4) The term `Secretary concerned' means--
`(A) the Secretary of a military department, with respect to matters concerning that military department; and
`(B) the Secretary of Defense, with respect to matters concerning the Defense Agencies.'.
(b) Prohibition on Leaseback With Excessive Annual Payments- Subsection (b) of such section is amended--
(1) by striking `and' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(7) may not provide for a leaseback by the Secretary concerned with an annual payment in excess of $500,000.'.
(c) Improved Congressional Notification Requirements- Paragraph (4) of subsection (c) of such section is amended to read as follows:
`(4)(A) Not later than 30 days before issuing a contract solicitation or other lease offering under this section for a lease whose annual payment, including any in-kind consideration to be accepted under subsection (b)(5) or this subsection, will exceed $750,000, the Secretary concerned shall submit to the congressional defense committees a report containing--
`(i) a description of the proposed lease, including the proposed duration of the lease;
`(ii) a description of the authorities to be used in entering the lease and the intended participation of the United States in the lease, including a justification of the intended method of participation;
`(iii) a statement of the scored cost of the lease, determined using the scoring criteria of the Office of Management and Budget;
`(iv) a determination that the property involved in the lease is not excess property, as required by subsection (a)(3), including the basis for the determination;
`(v) a determination that the proposed lease is directly compatible with the mission of the military installation or Defense Agency whose property is to be subject to the lease and the anticipated long-term use of the property at the conclusion of the lease; and
`(vi) a description of the requirements or conditions within the contract solicitation or other lease offering for the offeror to address taxation issues, including payments-in-lieu-of taxes, and other development issues related to local municipalities.
`(B) In the case of a lease described in subparagraph (A), the Secretary concerned also shall submit to the congressional defense committees a report at least 30 days before the date on which the Secretary concerned enters into a lease the following information:
`(i) A copy of the report submitted under subparagraph (A).
`(ii) A description of the differences between the report submitted under that subparagraph and the new report.
`(iii) A description of the lessee payment required under this section.'.
(d) Conforming Amendments to References to Military Departments and Installations-
(1) COMMUNITY SUPPORT FACILITIES AND COMMUNITY SUPPORT SERVICES- Subsection (d) of such section is amended--
(A) in paragraph (2), by striking `Secretary of a military department' and inserting `Secretary concerned'; and
(B) in paragraphs (3), (4), and (6), by striking `of the military department' each place it appears.
(2) DEPOSIT AND USE OF PROCEEDS- Subsection (e) of such section is amended--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i)--
(I) by striking `Secretary of a military department' and inserting `Secretary concerned'; and
(II) by striking `such military department' and inserting `that Secretary'; and
(ii) in clause (iii), by striking `military department' and inserting `Secretary';
(B) in paragraph (1)(B)(i), by striking `Secretary of a military department' and inserting `Secretary concerned';
(C) in paragraph (1)(C), by striking `of a military department pursuant to subparagraph (A) shall be available to the Secretary of that military department' and inserting `established for the Secretary concerned shall be available to the Secretary';
(D) in paragraph (1)(D)--
(i) by striking `of a military department under subparagraph (A)' and inserting `established for the Secretary concerned'; and
(ii) by inserting `or Defense Agency location' after `military installation';
(E) in paragraph (1)(E), by striking `installation' and inserting `military installation or Defense Agency location'; and
(F) in paragraph (3), by striking `Secretary of a military department' and inserting `Secretary concerned'.
(3) BASE CLOSURE PROPERTY- Subsection (g)(1) of such section is amended by striking `Secretary of a military department' and inserting `Secretary concerned'.
(e) Repeal of Separate Defense Agency Authority-
(1) REPEAL- Section 2667a of such title is repealed.
(2) EFFECT ON EXISTING CONTRACTS- The repeal of section 2667a of title 10, United States Code, shall not affect the validity or terms of any lease with respect to property of a Defense Agency entered into by the Secretary of Defense under such section before the date of the enactment of this Act.
(3) TREATMENT OF MONEY RENTS- Amounts in any special account established for a Defense Agency pursuant to subsection (d) of section 2667a of title 10, United States Code, before repeal of such section by paragraph (1), and amounts that would be deposited in such an account in connection with a lease referred to in paragraph (2), shall--
(A) remain available until expended for the purposes specified in such subsection, notwithstanding the repeal of such section by paragraph (1); or
(B) to the extent provided in appropriations Acts, be transferred to the special account required for the Secretary of Defense by subsection (e) of section 2667 of such title, as amended by subsection (d)(2) of this section.
(f) Clerical Amendments-
(1) SECTION HEADING- The heading of section 2667 of such title is amended to read as follows:
`Sec. 2667. Leases: non-excess property of military departments and Defense Agencies'.
(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 159 of such title is amended by striking the items relating to sections 2667 and 2667a and inserting the following new item:
`2667. Leases: non-excess property of military departments and Defense Agencies.'.

SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEYANCE AUTHORITY.[edit]

Section 2688 of title 10, United States Code, is amended--

(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new subsection:
`(j) Construction of Utility Infrastructure After Conveyance of a Utility System- (1) Upon conveyance of a utility system, the Secretary of a military department may convey additional utility infrastructure under the jurisdiction of the Secretary on a military installation to a utility or entity to which a utility system for the installation has been conveyed under subsection (a) if the Secretary determines that--
`(A) the additional utility infrastructure was constructed or installed after the date of the conveyance of the utility system;
`(B) the additional utility infrastructure cannot operate without being a part of the conveyed utility system;
`(C) the additional utility infrastructure was planned and coordinated with the entity operating the conveyed utility system; and
`(D) the military department receives as consideration an amount equal to the fair market value of the utility infrastructure determined in the same manner as the consideration the Secretary could require under subsection (c) for a conveyance under subsection (a).
`(2) The conveyance under this paragraph may consist of all right, title, and interest of the United States or such lesser estate as the Secretary considers appropriate to serve the interests of the United States.'.

SEC. 2814. DEFENSE ACCESS ROADS.[edit]

(a) Basis for Transportation Needs Assessment- Section 210(a) of title 23, United States Code, is amended--
(1) by striking `(a)' and inserting `(a)(1)'; and
(2) by adding at the end the following new paragraph:
`(2) If it is determined that an action of the Department of Defense will cause a significant transportation impact to access to a military reservation, the Secretary of Defense shall conduct a transportation needs assessment to assess the magnitude of the improvement required to address the impact.'.
(b) Report on Recently Identified Transportation Impacts- Not later than April 1, 2009, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Transportation and Infrastructure of the House of Representatives a report that details the significant transportation impacts resulting from actions of the Department of Defense since January 1, 2005. In the report, the Secretary shall assess the funding requirements necessary to address transportation needs resulting from these significant transportation impacts.

SEC. 2815. REPORT ON APPLICATION OF FORCE PROTECTION AND ANTI-TERRORISM STANDARDS TO GATES AND ENTRY POINTS ON MILITARY INSTALLATIONS.[edit]

(a) Report Required- Not later than February 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of Department of Defense Anti-Terrorism/Force Protection standards at gates and entry points of military installations.
(b) Content- The report required under subsection (a) shall include the following:
(1) A description of the anti-terrorism/force protection standards for gates and entry points.
(2) An assessment, by installation, of whether the gates and entry points meet anti-terrorism/force protection standards.
(3) An assessment of whether the standards are met with either temporary or permanent measures, facilities, or equipment.
(4) A description and cost estimate of each action to be taken by the Secretary of Defense for each installation to ensure compliance with Department of Defense Anti-Terrorism/Force Protection standards using permanent measures and construction methods.
(5) An investment plan to complete all action required to ensure compliance with the standards described under paragraph (1).

Subtitle C--Provisions Related to Guam Realignment[edit]

SEC. 2821. SENSE OF CONGRESS REGARDING MILITARY HOUSING AND UTILITIES RELATED TO GUAM REALIGNMENT.[edit]

(a) Nature of Special Purpose Entities- It is the sense of Congress that any military family housing provided in connection with the realignment of military installations and the relocation of military personnel on Guam should--
(1) be operated, to the extent practicable, in the manner provided for public-private ventures under subchapter IV of chapter 169 of title 10, United States Code; and
(2) should be constructed in accordance with current Department of Defense building standards.
(c) Utility Infrastructure Improvements- It is the sense of Congress that the proposed utility infrastructure improvements on Guam should incorporate the civilian and military infrastructure into a single grid to realize and maximize the effectiveness of the overall utility system, if appropriate cost sharing and quality standards are met.

SEC. 2822. FEDERAL ASSISTANCE TO GUAM.[edit]

(a) Sense of Congress- It is the sense of Congress that the Interagency Group on Insular Areas, in coordination with the appropriate Federal agencies, should enter into a memorandum of understanding with the Government of Guam to identify, before the realignment of military installations and the relocation of military personnel on Guam, local funding requirements for civilian infrastructure development and other needs related to the realignment and relocation.
(b) Report Required- Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the status of interagency coordination through the Interagency Group on Insular Areas of budgetary requests to assist the Government of Guam with its budgetary requirements related to the realignment of military forces on Guam. The report shall address to what extent and how the Interagency Group on Insular Areas will be able to coordinate interagency budgets so the realignment of military forces on Guam will meet the 2014 completion date as stipulated in the May 2006 security agreement between the United States and Japan.
(c) Interagency Group on Insular Areas Defined- In this section, the term `Interagency Group on Insular Areas' means the interagency group established by Executive Order No. 13299 of May 12, 2003 (68 Fed. Reg. 25477; 48 U.S.C. note prec. 1451). The term includes any sub-group or working group of that interagency group.

SEC. 2823. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS FOR MILITARY BASE REUSE STUDIES AND COMMUNITY PLANNING ASSISTANCE.[edit]

(a) Inclusion in Definition of Military Installation- Section 2687(e)(1) of title 10, United States Code, is amended by inserting after `Virgin Islands,' the following: `the Commonwealth of the Northern Mariana Islands,'.
(b) Inclusion of Facilities Owned and Operated by Commonwealth- Section 2391(d)(1) of title 10, United States Code, is amended by inserting after `Guam,' the following: `the Commonwealth of the Northern Mariana Islands,'.

SEC. 2824. SUPPORT FOR REALIGNMENT OF MILITARY INSTALLATIONS AND RELOCATION OF MILITARY PERSONNEL ON GUAM.[edit]

(a) Establishment of Account- There is established on the books of the Treasury an account to be known as the `Support for United States Relocation to Guam Account' (in this section referred to as the `Account').
(b) Credits to Account-
(1) AMOUNTS IN FUND- There shall be credited to the Account all contributions received during fiscal year 2009 and subsequent fiscal years under section 2350k of title 10, United States Code, for the realignment of military installations and the relocation of military personnel on Guam.
(2) NOTICE OF RECEIPT OF CONTRIBUTIONS- The Secretary of Defense shall submit to the congressional defense committees written notice of the receipt of contributions referred to in paragraph (1), including the amount of the contributions, not later than 30 days after receiving the contributions.
(c) Use of Account-
(1) AUTHORIZED USES- Subject to paragraph (2), amounts in the Account may be used as follows:
(A) To carry out or facilitate the carrying out of a transaction authorized by this section in connection with the realignment of military installations and the relocation of military personnel on Guam, including military construction, military family housing, unaccompanied housing, general facilities constructions for military forces, and utilities improvements.
(B) To carry out improvements of property or facilities on Guam as part of such a transaction.
(C) To obtain property support services for property or facilities on Guam resulting from such a transaction.
(D) To develop military facilities or training ranges in the Commonwealth of the Northern Mariana Islands.
(2) COMPLIANCE WITH GUAM MASTER PLAN- Transactions authorized by paragraph (1) shall be consistent with the Guam Master Plan, as incorporated in decisions made in the manner provided in section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(3) LIMITATION REGARDING MILITARY HOUSING- To extent that the authorities provided under subchapter IV of chapter 169 of title 10, United States Code, are available to the Secretary of Defense, the Secretary shall use such authorities to acquire, construct, or improve family housing units or ancillary supporting facilities in connection with the relocation of military personnel on Guam.
(4) SPECIAL REQUIREMENTS REGARDING USE OF CONTRIBUTIONS-
(A) TREATMENT OF CONTRIBUTIONS- Except as provided in subparagraph (C), the use of contributions referred to in subsection (b)(1) shall not be subject to conditions imposed on the use of appropriated funds by chapter 169 of title 10, United States Code, or contained in annual military construction appropriations Acts.
(B) NOTICE OF OBLIGATION- Contributions referred to in subsection (b)(1) may not be obligated for a transaction authorized by paragraph (1) until the Secretary of Defense submits to the congressional defense committees notice of the transaction, including a detailed cost estimate, and a period of 21 days has elapsed after the date on which the notification is received by the committees or, if earlier, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium.
(C) COST AND SCOPE OF WORK VARIATIONS- Section 2853 of title 10, United States Code, shall apply to the use of contributions referred to in subsection (b)(1).
(d) Transfer Authority-
(1) TRANSFER TO HOUSING FUNDS- The Secretary of Defense may transfer funds from the Account to the Department of Defense Family Housing Improvement Fund established by section 2883(a)(1) of title 10, United States Code.
(2) TREATMENT OF TRANSFERRED AMOUNTS- Amounts transferred under paragraph (1) to a fund referred to in that paragraph shall be available in accordance with the provisions of section 2883 of title 10, United States Code for activities on Guam authorized under subchapter IV of chapter 169 of such title.
(e) Report Regarding Guam Military Construction- Not later than February 15 of each year, the Secretary of Defense shall submit to Congress a report containing information on each military construction project included in the budget submission for the next fiscal year related to the realignment of military installations and the relocation of military personnel on Guam. The Secretary shall present the information in manner consistent with the presentation of projects in the military construction accounts for each of the military departments in the budget submission. The report shall also include projects associated with the realignment of military installations and relocation of military personnel on Guam that are included in the future-years defense program pursuant to section 221 of title 10, United States Code.
(f) Sense of Congress- It is the sense of Congress that the use of the Account to facilitate construction projects associated with the realignment of military installations and the relocation of military personnel on Guam, as authorized by subsection (c)(1), provides a great opportunity for business enterprises of the United States and its territories to contribute to the United States strategic presence in the western Pacific by competing for contracts awarded for such construction. Congress urges the Secretary of Defense to ensure maximum participation by business enterprises of the United States and its territories in such construction.

Subtitle D--Energy Security[edit]

SEC. 2831. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGY-RELATED PROJECTS.[edit]

Section 2667(h) of title 10, United States Code, is amended by adding at the end the following new paragraph:

`(5) If a proposed lease under subsection (a) involves a project related to energy production and the term of the lease exceeds 20 years, the Secretary concerned may not enter into the lease until at least 30 days after the date on which the Secretary of Defense submits to the congressional defense committees a certification that the project is consistent with the Department of Defense performance goals and plan required by section 2911 of this title.'.

SEC. 2832. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLATIONS ENERGY MANAGEMENT.[edit]

Section 2925(a) of title 10, United States Code, is amended--

(1) by striking the subsection heading and inserting the following: `Annual Report Related to Installations Energy Management- ';
(2) in paragraph (1), by inserting `, the Energy Independence and Security Act of 2007 (Public Law 110-140),' after `58)'; and
(3) by adding at the end the following new paragraph:
`(6) A description and estimate of the progress made by the military departments to meet the certification requirements for sustainable green-building standards in construction and major renovations as required by section 433 of the Energy Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 1612).'.

Subtitle E--Land Conveyances[edit]

SEC. 2841. LAND CONVEYANCE, FORMER NAVAL AIR STATION, ALAMEDA, CALIFORNIA.[edit]

(a) Conveyance Authorized- The Secretary of the Navy may convey to the redevelopment authority for the former Naval Air Station Alameda, California (in this section referred to as the `redevelopment authority'), all right, title and interest of the United States in and to the real and personal property comprising Naval Air Station Alameda, except those parcels identified for public benefit conveyance and certain surplus lands at the Naval Air Station Alameda described in the Federal Register on November 5, 2007. In this section, the real and personal property to be conveyed under this section is referred to as the `NAS Property'.
(b) Multiple Conveyances- The conveyance of the NAS Property may be conducted through multiple parcel transfers.
(c) Consideration- As consideration for the conveyance of the NAS Property under subsection (a), the Secretary of the Navy shall seek to obtain fair market value.
(d) Existing Uses- During the three-year period beginning on the date on which the first conveyance under this section is made, the redevelopment authority shall make reasonable efforts to accommodate the continued use by the United States of those portions of the NAS Property covered by a request for Federal Land Transfer so long as the accommodation of such use is at no cost or expense to the redevelopment authority. Such accommodations shall provide adequate protection for the endangered California Least Tern in accordance with the requirements of the existing Biological Opinion for Naval Air Station Alameda dated March 22, 1999, and any future amendments to the Biological Opinion.
(e) Savings Provision- Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(f) Description of Property- The exact acreage and legal description of the real property to be conveyed under this section shall be determined by a survey satisfactory to the Department.
(g) Master Lease- The Lease in Furtherance of Conveyance, dated June 2000, as amended, between the Secretary of the Navy and the redevelopment authority shall remain in full force and effect until conveyance of the NAS Property in accordance with this section, and a lease amendment recognizing this section shall be offered by the Secretary.
(h) Treatment of Amounts Received- Amounts received by the United States under this section shall be credited to the fund or account intended to receive proceeds from the disposal of the NAS Property pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
(i) Additional Terms and Conditions- The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2842. TRANSFER OF ADMINISTRATIVE JURISDICTION, DECOMMISSIONED NAVAL SECURITY GROUP ACTIVITY, SKAGGS ISLAND, CALIFORNIA.[edit]

(a) Transfer Memorandum of Agreement- The Secretary of the Navy and the Secretary of the Interior shall negotiate a memorandum of agreement that stipulates the conditions upon which the decommissioned Naval Security Group Activity, Skaggs Island, Sonoma, California shall be transferred from the administrative jurisdiction of the Department of the Navy to the United States Fish and Wildlife Service for inclusion in the National Wildlife Refuge System.
(b) Acceptance of Donations; Use- The Secretary of the Navy and the Secretary of the Interior may accept contributions from the State of California and other entities to help cover the costs of demolishing and removing structures on the property described in subsection (a) and to facilitate future environmental restoration that furthers the ultimate end use of the property for conservation purposes. Amounts received may be merged with other amounts available to the Secretaries to carry out this section and shall remain available, without further appropriation and until expended.

SEC. 2843. TRANSFER OF PROCEEDS FROM PROPERTY CONVEYANCE, MARINE CORPS LOGISTICS BASE, ALBANY, GEORGIA.[edit]

(a) Transfer Authorized- The Secretary of Defense may transfer any proceeds from the sale of approximately 120.375 acres of improved land located at the former Boyett Village Family Housing Complex at the Marine Corps Logistics Base, Albany, Georgia, into the Department of Defense Family Housing Improvement Fund established under section 2883(a)(1) of title 10, United States Code, for carrying out activities under subchapter IV of chapter 169 of that title with respect to military family housing.
(b) Notification Requirement- A transfer of proceeds under subsection (a) may be made only after the end of the 30-day period beginning on the date the Secretary of Defense submits written notice of the transfer to the congressional defense committees.

SEC. 2844. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS ARMY RESERVE CENTER, SPRINGFIELD, OHIO.[edit]

(a) Conveyance Authorized- At such time as the Army Reserve vacates the Sergeant First Class M.L. Downs Army Reserve Center at 1515 West High Street in Springfield, Ohio, the Secretary of the Army may convey, without consideration, to the City of Springfield, Ohio (in this section referred to as the `City'), all right, title, and interest of the United States in and to the parcel of real property, including improvements thereon, containing the Reserve Center and approximately three acres for the purpose of permitting the City to utilize the property for municipal government activities.
(b) Reversionary Interest- If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance, all right, title, and interest in and to such real property, including any improvements and appurtenant easements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
(c) Description of Property- The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
(d) Payment of Costs of Conveyances-
(1) PAYMENT REQUIRED- The Secretary shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City.
(2) TREATMENT OF AMOUNTS RECEIVED- Amounts received as reimbursements under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(e) Additional Term and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2845. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY, TENNESSEE.[edit]

(a) Conveyance Authorization- The Secretary of the Army may convey, without consideration, to the State of Tennessee all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon and appurtenant easements thereto, consisting of approximately 124 acres known as the John Sevier Range in Knox County, Tennessee, for the purpose of using such real property as a public firing range and for other public recreational activities.
(b) Reversionary Interest- If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the terms of the conveyance, all right, title, and interest in and to such real property, including any improvements and appurtenant easements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
(c) Administrative Expenses- In accordance with section 2695 of title 10, United State Code, the Secretary may accept amounts provided by the State to cover administrative expenses incurred by the Secretary with respect to the conveyance authorized under subsection (a), including survey expenses, expenses related to environmental documentation, and other administrative expenses related to such conveyance. Such amounts shall be credited, pursuant to subsection (c) of section 2695 of such title, to the appropriation, fund, or account from which such expenses were paid. If amounts are collected from the State in advance of the Secretary incurring such expenses, and the amount collected exceeds the expenses actually incurred by the Secretary, the Secretary shall refund the excess amount to the State.
(d) Description of Property- The exact acreage and legal description of the real property authorized to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary and the State.
(e) Additional Terms and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance authorized under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2846. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS, UTAH.[edit]

(a) Conveyance Authorized- If the Secretary of the Army determines that it is the national security interest of the United States, the Secretary may convey, without consideration, to the State of Utah (in this section, the `State') on behalf of the Utah National Guard all right, title, and interest of the United States in and to two parcels of real property, including improvements thereon, that are located within the boundaries of Camp Williams, Utah, consisting of approximately 608 acres and 308 acres, respectively, and are identified in the Utah National Guard master plan.
(b) Condition- As a condition of the conveyance, the Secretary shall, not later than 21 days before carrying out the conveyance, submit a report to Congress certifying that the purpose of the conveyance is to further the interest of national security and the property conveyed will be used for military purposes only.
(c) Reversionary Interest- If the Secretary determines at any time that the real property conveyed under subsection (a), or any portion thereof, has been sold or is not being used in a manner consistent with subsection (b), the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after consultation with the Governor of the State of Utah and an opportunity for a hearing.
(d) Payment of Costs of Conveyance-
(1) PAYMENT REQUIRED- The Secretary shall require the State to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the State in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the State.
(2) TREATMENT OF AMOUNTS RECEIVED- Amounts received as reimbursements under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(e) Description of Real Property- The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.
(f) Additional Terms and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2847. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC TRAIL THROUGH FORT BELVOIR, VIRGINIA.[edit]

(a) Agreement Authority- The Secretary of the Army may enter into a revocable at will easement with the Secretary of the Interior to provide land along the perimeter of Fort Belvoir, Virginia, to be used as a segment of the Potomac Heritage National Scenic Trail.
(b) Selection Criteria- In determining the extent of the easement, the Secretary of the Army shall provide for a single trail, and select alignments of the trail, along the perimeter of Fort Belvoir. In making that determination, the Secretary shall consider--
(1) the perimeter security requirements to protect the assets, people, and agency missions located at Fort Belvoir;
(2) the appropriate setback from adjacent roadways to provide for a safe and enjoyable experience for users of the trail; and
(3) any planned future expansion of roadways, including United States Route 1, so that the trail will not be adversely impacted by roadway construction.
(c) Trail Administration and Management- A written agreement confirming an administration and management arrangement of any segment of the Potomac Heritage National Scenic Trail along the perimeter of Fort Belvoir shall be co-signed by the parties to the easement agreement.

Subtitle F--Other Matters[edit]

SEC. 2851. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL ANNEX TO ARLINGTON NATIONAL CEMETERY.[edit]

Section 2881(h)(1) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 879), as amended by section 2871 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 561), is further amended by striking `January 1, 2011' and inserting `January 1, 2012'.

SEC. 2852. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF ADDITIONAL BUILDING AT NATIONAL MUSEUM OF THE UNITED STATES AIR FORCE, WRIGHT-PATTERSON AIR FORCE BASE.[edit]

(a) Acceptance Authorized- The Secretary of the Air Force may accept from the Air Force Museum Foundation, a private nonprofit corporation, gifts in the form of cash, treasury instruments, or comparable United States securities for the purpose of paying the costs of design and construction of a fourth building for the National Museum of the United States Air Force at Wright-Patterson Air Force Base, Ohio. In making a gift, the Air Force Museum Foundation may specify that all or part of the amount of the gift be utilized solely for the purpose of the design and construction of a particular portion of the building and for contract management related to such design and construction.
(b) Escrow Account-
(1) DEPOSIT OF GIFTS- The Secretary of the Air Force, acting through the Director of Financial Management of the Air Force Materiel Command (in this section referred to as the `Director'), shall deposit the amount of any gift accepted under subsection (a) in an escrow account established for that purpose.
(2) INVESTMENT- Amounts in the escrow account not required to meet current requirements of the account shall be invested in public debt securities with maturities suitable to the needs of the account, as determined by the Director, and bearing interest at rates that take into consideration current market yields on outstanding marketable obligations of the United States of comparable securities. The income on such investments shall be credited to and form a part of the account.
(3) LIQUIDATION- Upon final payment of all invoices and claims associated with the design and construction of the building described in subsection (a), the Secretary shall terminate the escrow account. Any amounts remaining in the account upon termination shall be available to the Secretary, in such amounts as are provided in advance in appropriations Acts, for such purposes as the Secretary considers appropriate.
(c) Use of Gifts-
(1) DESIGN, CONSTRUCTION, AND CONTRACT MANAGEMENT- Subject to any conditions imposed by the Air Force Museum Foundation under subsection (a), the Director shall use amounts in the escrow account, including income on investments, to pay all costs for the design and construction of a fourth building for the National Museum of the United States Air Force and all costs for contract management related to such design and construction. The requirement imposed by this paragraph includes making progress payments for such design and construction.
(2) SOLE SOURCE OF FUNDS- Gifts received under subsection (a) and income on investments made under subsection (b)(2) shall be the sole source of funds used to pay all costs for the design and construction of a fourth building for the National Museum of the United States Air Force and all costs for contract management related to such design and construction.
(3) TIME FOR PAYMENT- Amounts shall be payable under paragraph (1) upon receipt by the Director of a notification from the technical representative of the contracting officer that construction activities for which such amounts are payable under paragraph (1) have been undertaken. To the maximum extent practicable consistent with good business practice, the Director shall limit payment of amounts from the account in order to maximize the return on investment of amounts in the account.
(d) Limitation on Contracts- The Secretary of the Air Force may not initiate a contract for the design or construction of a particular portion of the building described in subsection (a) until amounts in the escrow account are sufficient to cover the amount of the contract.

SEC. 2853. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR NAVAL BASE, HAWAII.[edit]

(a) Lease- The Secretary of the Navy shall enter into a lease with the USS Missouri Memorial Association to authorize the USS Missouri Memorial Association to use the pier Foxtrot Five and related real property on Ford Island, Pearl Harbor Naval Base, Hawaii, during calendar years 2009 and 2010.
(b) Consideration- The lease required by subsection (a) shall be made without consideration.
(c) Conditions on Use of Leased Property- As conditions on the lease under subsection (a), the USS Missouri Memorial Association shall agree--
(1) to preserve and maintain the ex-USS Missouri for education purposes, historic preservation, and community outreach;
(2) that the Navy may use the leased property without charge for purposes that do not interfere with the use of such property by the USS Missouri Memorial Association; and
(3) that the Navy may use the ex-USS Missouri for official functions at no cost.
(d) Effect of Violation- If the Secretary determines at any time that the USS Missouri Memorial Association is not in compliance with the conditions imposed by subsection (c), the Secretary may terminate the lease referred to in subsection (a). Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing.

SEC. 2854. USE OF RUNWAY AT NASJRB WILLOW GROVE, PENNSYLVANIA.[edit]

(a) Conditions on Conveyance, Grant, Lease, or License- Any conveyance, grant, lease, or license from the United States to the Commonwealth of Pennsylvania or other legal entity that includes the airfield property located at NASJRB Willow Grove and designated for operation as a Joint Interagency Installation pursuant to section 3703 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 145) shall be subject to the restrictions on the use of the airfield set forth in subsection (b).
(b) Restrictions on Use- The airfield at the installation shall not be used for any of the following purposes:
(1) Commercial passenger operations.
(2) Commercial cargo operations.
(3) Commercial, business, or nongovernment aircraft operations for purposes not related to the missions of the installation, except that this paragraph shall not apply in exigent circumstances or prohibit use of the airfield by or on behalf of any associated user which is a tenant of the installation.
(4) As a reliever airport to relieve congestion at other airports or to provide improved general aviation access to the overall community, except that this paragraph shall not apply in exigent circumstances.
(c) Limitation on Statutory Construction- Nothing in this section shall be construed to diminish or alter authorized uses of the installation, including the military enclave that is part thereof, by the United States or its agencies or instrumentalities or to limit use of the property in exigent circumstances.
(d) Definitions- In this section:
(1) AIRFIELD- The term `airfield' means the airfield referred to in subsection (a).
(2) ASSOCIATED USERS- The term `associated users' means nongovernmental organizations and private entities that use the airfield for purposes related to the national defense, homeland security, and emergency preparedness missions of the installation.
(3) EXIGENT CIRCUMSTANCES- The term `exigent circumstances' means unusual conditions, including adverse or unusual weather conditions, alerts, and actual or threatened emergencies that are determined by the installation to require limited-duration use of the installation or its airfield for operations, including flying operations, for uses otherwise restricted under subsection (b).
(4) COMMERCIAL CARGO OPERATIONS- The term `commercial cargo operations' means aircraft operations by a commercial cargo or freight carrier in cases in which cargo is delivered to or flown from the installation under established schedules, except that the term does not include any cargo operations undertaken by or on behalf of any user of the installation or cargo operations related to the national defense, homeland security, and emergency preparedness missions of the installation.
(5) COMMERCIAL PASSENGER OPERATIONS- The term `commercial passenger operations' means aircraft passenger operations by commercial passenger carriers involving flights where passengers are boarded or enplaned at the installation, except that the term does not include passenger operations undertaken by or on behalf of any user of the installation or passenger operations related to the national defense, homeland security, and emergency preparedness missions of the installation.
(6) INSTALLATION- The term `installation' means the Joint Interagency Installation referred to in subsection (a).

SEC. 2855. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA.[edit]

The health facility located at 301 Andrews Avenue in Fort Rucker, Alabama, shall be known and designated as the `Lyster Army/VA Health Clinic'. Any reference in a law, map, regulation, document, paper, or other record of the United States to such facility shall be deemed to be a reference to the Lyster Army/VA Health Clinic.