TEMPORARY EXPANSION OF AUTHORITY TO CONVEY PROPERTY AT MILITARY INSTALLATIONS TO SUPPORT MILITARY CONSTRUCTION.

SEC. 2811. TEMPORARY EXPANSION OF AUTHORITY TO CONVEY PROPERTY AT MILITARY INSTALLATIONS TO SUPPORT MILITARY CONSTRUCTION.(a) Temporary Inclusion of All Military Installations.—Subsection (a) of section 2869 of title 10, United States Code, is amended—(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;(2) by inserting “(1)” before “The Secretary concerned”;(3) by striking “located on a military installation that is closed or realigned under a base closure law” and inserting “described in paragraph (2)”; and(4) by adding at the end the following new paragraphs:“(2) Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned that—“(A) is located on a military installation that is closed or realigned under a base closure law; or“(B) is located on a military installation not covered by subparagraph (A) and is determined to be excess to the needs of the Department of Defense.“(3) Subparagraph (B) of paragraph (2) shall apply only during the period beginning on the date of the enactment of the John Warner National Defense Authorization Act for Fiscal Year 2007 and ending on September 30, 2008. Any conveyance of real property described in such subparagraph for which the Secretary concerned has provided the advance public notice required by subsection (d)(1) before the expiration date may be completed after that date.”.(b) Use of Authority to Support Agreements to Limit Encroachments.—Subparagraph (A) of paragraph (1) of subsection (a) of such section, as redesignated and amended by subsection (a), is further amended by striking “land acquisition” and inserting “land acquisition, including the acquisition of all right, title, and interest or a lesser interest in real property under an agreement entered into under section 2684a of this title to limit encroachments and other constraints on military training, testing, and operations”.(c) Advance Notice of Use of Authority; Content of Notice.—Subsection (d) of such section is amended—(1) in paragraph (1), by striking “closed or realigned under the base closure laws is to be conveyed” and inserting “is proposed for conveyance”;(2) by striking paragraph (2) and inserting the following new paragraph:“(2) The Secretary concerned may not enter into an agreement under subsection (a) for the conveyance of real property until—“(A) the Secretary submits to Congress notice of the conveyance, including—“(i) a description of the real property to be conveyed by the Secretary under the agreement;“(ii) a description of the military construction project, land acquisition, military family housing, or military unaccompanied housing to be carried out under the agreement in exchange for the conveyance of the property; and120 STAT. 2472“(iii) the amount of any payment to be made under subsection (b) or under section 2684a(d) of this title to equalize the fair market values of the property to be conveyed and the military construction project, land acquisition, military family housing, or military unaccompanied housing to be carried out under the agreement in exchange for the conveyance of the property; and“(B) the waiting period applicable to that notice under paragraph (3) expires.“(3) If the notice submitted under paragraph (2) deals with the conveyance of real property located on a military installation that is closed or realigned under a base closure law or the conveyance of real property under an agreement entered into under section 2684a of this title, the Secretary concerned may enter into the agreement under subsection (a) for the conveyance of the property after a period of 21 days has elapsed from the date of receipt of the notice or, if over sooner, a period of 14 days has elapsed from the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title. In the case of other real property to be conveyed under subsection (a), the Secretary concerned may enter into the agreement only after a period of 60 days has elapsed from the date of receipt of the notice or, if over sooner, a period of 45 days has elapsed from the date on which the electronic copy is provided.”.(d) Deposit and Use of Funds.—Subsection (e) of such section is amended to read as follows:“(e) Deposit and Use of Funds.—(1) Except as provided in paragraph (2), the Secretary concerned may deposit funds received under subsection (b) in the Department of Defense housing funds established under section 2883(a) of this title.“(2) During the period specified in paragraph (3) of subsection (a), the Secretary concerned shall deposit funds received under subsection (b) in the appropriation ‘Foreign Currency Fluctuations, Construction, Defense’.“(3) The funds deposited under paragraph (2) shall be available, in such amounts as provided in appropriation Acts, for the purpose of paying increased costs of overseas military construction and family housing construction or improvement associated with unfavorable fluctuations in currency exchange rates. The use of such funds for this purpose does not relieve the Secretary concerned from the duty to provide advance notice to Congress under section 2853(c) of this title whenever the Secretary approves an increase in the cost of an overseas project under such section.”.(e) Annual Reports; Effect of Failure to Submit.—Subsection (f) of such section is amended—(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;(2) in subparagraph (C), as so redesignated, by inserting before the period at the end the following: “and of excess real property at military installations”;(3) by striking “(f)” and all that follows through “the following:” and inserting the following:“(f) Annual Reports; Effect of Failure to Submit.—(1) Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report detailing the following:”; and(4) by adding at the end the following new paragraph:120 STAT. 2473 “(2) If the report for a year is not submitted to Congress by the date specified in paragraph (1), the Secretary concerned may not enter into an agreement under subsection (a) after that date for the conveyance of real property until the date on which the report is finally submitted.”.(f) Clerical Amendments.—(1) Section heading.—The heading of such section is amended to read as follows:“§ 2869. Conveyance of property at military installations to support military construction or limit encroachment” .(2) Table of sections.—The table of sections at the beginning of subchapter III of chapter 169 of such title is amended by striking the item relating to section 2869 and inserting the following new item: “2869. Conveyance of property at military installations to support military construction or limit encroachment.”. (g) Conforming Amendments to Authority to Limit Encroachments.—Subsection (d)(3) of section 2684a of such title is amended—(1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;(2) in subparagraph (C), as so redesignated, by striking “in the sharing of acquisition costs of real property, or an interest in real property, under paragraph (1)(B)” and inserting “under subparagraph (A), either through the contribution of funds or excess real property, or both,”; and(3) by inserting after subparagraph (A) the following new subparagraph (B):“(B) In lieu of or in addition to making a monetary contribution toward the cost of acquiring a parcel of real property, or an interest therein, pursuant to an agreement under this section, the Secretary concerned may convey, using the authority provided by section 2869 of this title, real property described in paragraph (2) of subsection (a) of such section, subject to the limitation in paragraph (3) of such subsection.”.