[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4837 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 20, 2004.
    Resolved, That the bill from the House of Representatives (H.R. 
4837) entitled ``An Act making appropriations for military 
construction, family housing, and base realingment and closure for the 
Department of Defense, for the fiscal year ending September 30, 
2005.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated for military construction, family 
housing, and base realignment and closure functions administered by the 
Department of Defense, for the fiscal year ending September 30, 2005, 
and for other purposes, namely:

                      Military Construction, Army

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $1,977,166,000, to remain 
available until September 30, 2009: Provided, That of this amount, not 
to exceed $187,216,000 shall be available for study, planning, design, 
architect and engineer services, and host nation support, as authorized 
by law, unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of his determination and 
the reasons therefor.

                      Military Construction, Navy

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy as currently authorized by law, 
including personnel in the Naval Facilities Engineering Command and 
other personal services necessary for the purposes of this 
appropriation, $1,016,315,000, to remain available until September 30, 
2009: Provided, That of this amount, not to exceed $110,277,000 shall 
be available for study, planning, design, architect and engineer 
services, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of his determination and the reasons therefor.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $841,131,000, to remain available until September 30, 2009: 
Provided, That of this amount, not to exceed $180,507,000 shall be 
available for study, planning, design, architect and engineer services, 
as authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of his 
determination and the reasons therefor.

                  Military Construction, Defense-Wide

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$696,491,000, to remain available until September 30, 2009: Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as he may designate, to be merged with and to be available for 
the same purposes, and for the same time period, as the appropriation 
or fund to which transferred: Provided further, That of the amount 
appropriated, not to exceed $66,336,000 shall be available for study, 
planning, design, architect and engineer services, as authorized by 
law, unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of his determination and 
the reasons therefor.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $381,765,000, to remain available until September 
30, 2009.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $231,083,000, to remain available until September 
30, 2009.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $66,325,000, to 
remain available until September 30, 2009.

                  Military Construction, Naval Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $33,735,000, to remain available until September 
30, 2009.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $101,373,000, to 
remain available until September 30, 2009.

     North Atlantic Treaty Organization Security Investment Program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized in 
Military Construction Authorization Acts and section 2806 of title 10, 
United States Code, $165,800,000, to remain available until expended.

                   Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension and 
alteration, as authorized by law, $636,099,000, to remain available 
until September 30, 2009.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $928,907,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration, as authorized by law, $139,107,000, to remain 
available until September 30, 2009.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $704,504,000.

                 Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension and 
alteration, as authorized by law, $846,959,000, to remain available 
until September 30, 2009.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $856,114,000.

               Family Housing Construction, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration, as authorized by law, $49,000, to remain 
available until September 30, 2009.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $49,575,000.

         Department of Defense Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$2,500,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing and supporting facilities.

            Chemical Demilitarization Construction, Defense

    For expenses of construction, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal chemical 
agents and munitions in accordance with the provisions of section 1412 
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), 
and for the destruction of other chemical warfare materials that are 
not in the chemical weapon stockpile, as currently authorized by law, 
$81,886,000, to remain available until September 30, 2009: Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction as he may 
designate, to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation to which 
transferred.

                  Base Realignment and Closure Account

    For deposit into the Department of Defense Base Closure Account 
1990 established by section 2906(a)(1) of the Department of Defense 
Authorization Act, 1991 (Public Law 101-510), $246,116,000, to remain 
available until expended.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in Military Construction 
Appropriations Acts shall be expended for payments under a cost-plus-a-
fixed-fee contract for construction, where cost estimates exceed 
$25,000, to be performed within the United States, except Alaska, 
without the specific approval in writing of the Secretary of Defense 
setting forth the reasons therefor.
    Sec. 102. Funds appropriated to the Department of Defense for 
construction shall be available for hire of passenger motor vehicles.
    Sec. 103. Funds appropriated to the Department of Defense for 
construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the construction of 
access roads as authorized by section 210 of title 23, United States 
Code, when projects authorized therein are certified as important to 
the national defense by the Secretary of Defense.
    Sec. 104. None of the funds appropriated in this Act may be used to 
begin construction of new bases inside the continental United States 
for which specific appropriations have not been made.
    Sec. 105. No part of the funds provided in Military Construction 
Appropriations Acts shall be used for purchase of land or land 
easements in excess of 100 percent of the value as determined by the 
Army Corps of Engineers or the Naval Facilities Engineering Command, 
except: (1) where there is a determination of value by a Federal court; 
(2) purchases negotiated by the Attorney General or his designee; (3) 
where the estimated value is less than $25,000; or (4) as otherwise 
determined by the Secretary of Defense to be in the public interest.
    Sec. 106. None of the funds appropriated in Military Construction 
Appropriations Acts shall be used to: (1) acquire land; (2) provide for 
site preparation; or (3) install utilities for any family housing, 
except housing for which funds have been made available in annual 
Military Construction Appropriations Acts.
    Sec. 107. None of the funds appropriated in Military Construction 
Appropriations Acts for minor construction may be used to transfer or 
relocate any activity from one base or installation to another, without 
prior notification to the Committees on Appropriations.
    Sec. 108. No part of the funds appropriated in Military 
Construction Appropriations Acts may be used for the procurement of 
steel for any construction project or activity for which American steel 
producers, fabricators, and manufacturers have been denied the 
opportunity to compete for such steel procurement.
    Sec. 109. None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110. None of the funds appropriated in Military Construction 
Appropriations Acts may be used to initiate a new installation overseas 
without prior notification to the Committees on Appropriations.
    Sec. 111. None of the funds appropriated in Military Construction 
Appropriations Acts may be obligated for architect and engineer 
contracts estimated by the Government to exceed $500,000 for projects 
to be accomplished in Japan, in any NATO member country, or in 
countries bordering the Arabian Sea, unless such contracts are awarded 
to United States firms or United States firms in joint venture with 
host nation firms.
    Sec. 112. None of the funds appropriated in Military Construction 
Appropriations Acts for military construction in the United States 
territories and possessions in the Pacific and on Kwajalein Atoll, or 
in countries bordering the Arabian Sea, may be used to award any 
contract estimated by the Government to exceed $1,000,000 to a foreign 
contractor: Provided, That this section shall not be applicable to 
contract awards for which the lowest responsive and responsible bid of 
a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 percent: 
Provided further, That this section shall not apply to contract awards 
for military construction on Kwajalein Atoll for which the lowest 
responsive and responsible bid is submitted by a Marshallese 
contractor.
    Sec. 113. The Secretary of Defense is to inform the appropriate 
committees of Congress, including the Committees on Appropriations, of 
the plans and scope of any proposed military exercise involving United 
States personnel 30 days prior to its occurring, if amounts expended 
for construction, either temporary or permanent, are anticipated to 
exceed $100,000.
    Sec. 114. Not more than 20 percent of the appropriations in 
Military Construction Appropriations Acts which are limited for 
obligation during the current fiscal year shall be obligated during the 
last 2 months of the fiscal year.
    Sec. 115. Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 116. For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 117. Notwithstanding any other provision of law, 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.
    Sec. 118. The Secretary of Defense is to provide the Committees on 
Appropriations of the Senate and the House of Representatives with an 
annual report by February 15, containing details of the specific 
actions proposed to be taken by the Department of Defense during the 
current fiscal year to encourage other member nations of the North 
Atlantic Treaty Organization, Japan, Korea, and United States allies 
bordering the Arabian Sea to assume a greater share of the common 
defense burden of such nations and the United States.
    Sec. 119. During the current fiscal year, in addition to any other 
transfer authority available to the Department of Defense, proceeds 
deposited to the Department of Defense Base Closure Account established 
by section 207(a)(1) of the Defense Authorization Amendments and Base 
Closure and Realignment Act (Public Law 100-526) pursuant to section 
207(a)(2)(C) of such Act, may be transferred to the account established 
by section 2906(a)(1) of the Department of Defense Authorization Act, 
1991, to be merged with, and to be available for the same purposes and 
the same time period as that account.
    Sec. 120. Subject to 30 days prior notification to the Committees 
on Appropriations, such additional amounts as may be determined by the 
Secretary of Defense may be transferred to (1) the Department of 
Defense Family Housing Improvement Fund from amounts appropriated for 
construction in ``Family Housing'' accounts, to be merged with and to 
be available for the same purposes and for the same period of time as 
amounts appropriated directly to the Fund, or (2) the Department of 
Defense Military Unaccompanied Housing Improvement Fund from amounts 
appropriated for construction of military unaccompanied housing in 
``Military Construction'' accounts, to be merged with and to be 
available for the same purposes and for the same period of time as 
amounts appropriated directly to the Fund: Provided, That 
appropriations made available to the Funds shall be available to cover 
the costs, as defined in section 502(5) of the Congressional Budget Act 
of 1974, of direct loans or loan guarantees issued by the Department of 
Defense pursuant to the provisions of subchapter IV of chapter 169, 
title 10, United States Code, pertaining to alternative means of 
acquiring and improving military family housing, military unaccompanied 
housing, and supporting facilities.
    Sec. 121. None of the funds appropriated or made available by this 
Act may be obligated for Partnership for Peace Programs in the New 
Independent States of the former Soviet Union.
    Sec. 122. (a) Not later than 60 days before issuing any 
solicitation for a contract with the private sector for military family 
housing the Secretary of the military department concerned shall submit 
to the congressional defense committees the notice described in 
subsection (b).
    (b)(1) A notice referred to in subsection (a) is a notice of any 
guarantee (including the making of mortgage or rental payments) 
proposed to be made by the Secretary to the private party under the 
contract involved in the event of--
            (A) the closure or realignment of the installation for 
        which housing is provided under the contract;
            (B) a reduction in force of units stationed at such 
        installation; or
            (C) the extended deployment overseas of units stationed at 
        such installation.
    (2) Each notice under this subsection shall specify the nature of 
the guarantee involved and assess the extent and likelihood, if any, of 
the liability of the Federal Government with respect to the guarantee.
    (c) In this section, the term, ``congressional defense committees'' 
means the following:
            (1) The Committee on Armed Services and the Military 
        Construction Subcommittee, Committee on Appropriations of the 
        Senate.
            (2) The Committee on Armed Services and the Military 
        Construction Subcommittee, Committee on Appropriations of the 
        House of Representatives.
    Sec. 123. During the current fiscal year, in addition to any other 
transfer authority available to the Department of Defense, amounts may 
be transferred from the account established by section 2906(a)(1) of 
the Department of Defense Authorization Act, 1991, to the fund 
established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Program. Any amounts 
transferred shall be merged with and be available for the same purposes 
and for the same time period as the fund to which transferred.
    Sec. 124. Notwithstanding this or any other provision of law, funds 
appropriated in Military Construction Appropriations Acts for 
operations and maintenance of family housing shall be the exclusive 
source of funds for repair and maintenance of all family housing units, 
including general or flag officer quarters: Provided, That not more 
than $35,000 per unit may be spent annually for the maintenance and 
repair of any general or flag officer quarters without 30 days advance 
prior notification to the appropriate committees of Congress, except 
that an after-the-fact notification shall be submitted if the 
limitation is exceeded solely due to costs associated with 
environmental remediation that could not be reasonably anticipated at 
the time of the budget submission: Provided further, That the Under 
Secretary of Defense (Comptroller) is to report annually to the 
Committees on Appropriations all operations and maintenance 
expenditures for each individual general or flag officer quarters for 
the prior fiscal year.
    Sec. 125. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 126. No funds appropriated in this Act under the heading 
``North Atlantic Treaty Organization Security Investment Program'', and 
no funds appropriated for any fiscal year before fiscal year 2005 for 
that program that remain available for obligation, may be obligated or 
expended for the conduct of studies of missile defense.
    Sec. 127. Section 128(b)3(A) of Public Law 108-132 is amended by 
striking the words ``December 31, 2004'' and replacing with ``August 
15, 2005''.
    Sec. 128. During the current fiscal year, amounts contained in the 
Ford Island Improvement Account established under 10 U.S.C. 2814(h) are 
appropriated and shall be available until expended for the purposes 
specified in 10 U.S.C. 2814(i)(1) or until transferred pursuant to the 
provisions of 10 U.S.C. 2814(i)(3).
    Sec. 129. (a) Transfer of Certain Excess Property at Fort Hunter 
Liggett, California.--
            (1) Notwithstanding any other provision of law, whenever 
        the Secretary of the Army determines that any portion of real 
        property consisting of approximately 165,000 acres at Fort 
        Hunter Liggett, California, is excess to the military needs of 
        the Army, the Secretary of the Army shall first offer the 
        property to the Secretary of Agriculture.
            (2) If the Secretary of Agriculture determines, pursuant to 
        negotiations with the Secretary of the Army, to accept any 
        property offered under paragraph (1), the Secretary of the Army 
        shall transfer administrative jurisdiction of such property to 
        the Secretary of Agriculture.
    (b) Management of Transferred Property.--
            (1) The Secretary of Agriculture shall manage any property 
        transferred under subsection (a) as part of the National Forest 
        System under the Act of March 1, 1911 (commonly known as 
        ``Weeks Law'') (16 U.S.C. 480 et seq.), and other laws relating 
        to the National Forest System.
            (2) Any property managed under paragraph (1) shall be 
        subject to the concurrent jurisdiction of the State of 
        California.
    (c) Adjustment of Boundaries.--
            (1) Effective upon the transfer of property under 
        subsection (a), the boundaries of Los Padres National Forest 
        shall be modified to incorporate such property. The Chief of 
        the United States Forest Service shall file and make available 
        for public inspection in the Office of the Chief of the United 
        States Forest Service in Washington, District of Columbia, a 
        map reflecting any modification of the boundaries of Los Padres 
        National Forest pursuant to the preceding sentence.
            (2) Any property incorporated within the boundaries of Los 
        Padres National Forest under this section shall be deemed to 
        have been within the boundaries of Los Padres National Forest 
        as of January 1, 1965, for purposes of section 7(a) of the Land 
        and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9(a)).
    (d) Environmental Matters.--
            (1) As part of the transfer of property under subsection 
        (a), the Secretary of the Army shall--
                    (A) provide the Secretary of Agriculture all 
                documentation and information in the possession of the 
                Secretary of the Army on the environmental condition of 
                such property, including an environmental baseline 
                survey or its equivalent; and
                    (B) perform all environmental remediation and 
                response necessary to protect human health and the 
                environment on such property to the extent consistent 
                with the use of such property as part of the National 
                Forest System.
            (2)(A) The transfer of property under subsection (a) shall 
        not affect the responsibilities of the Secretary of the Army 
        with respect to such property under any applicable 
        environmental law, including Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601 et seq.).
            (B) Pursuant to the transfer of property, the Secretary of 
        the Army shall perform all environmental remediation and 
        response with respect to environmental contamination or injury 
        to natural resources on such property that are attributable to 
        former military activities on such property to the extent 
        consistent with the use of such property as part of the 
        National Forest System.
            (C) The Secretary of Agriculture shall have no liability 
        for any environmental remediation and response described in 
        subparagraph (B).
    Sec. 130. (a)  Assessment of Budget Authority Limitation on 
Military Housing Privatization Initiative.--(1) The Secretary of 
Defense shall assess the impacts on the military family housing program 
of having the total value of contracts and investments undertaken under 
the Military Housing Privatization Initiative reach the limitation on 
budget authority for the initiative specified in section 2883(g) of 
title 10, United States Code.
            (2) The assessment shall include: an estimate of the 
        appropriations and period of time necessary to provide the 
        level and quality of housing contemplated under the Military 
        Housing Privatization Initiative in the event that limitation 
        in 10 U.S.C. 2883(g) is not eliminated and the potential impact 
        on military families if the limitation is not eliminated.
    (b) The Secretary of Defense shall, no later than December 31, 
2004, provide to the congressional defense committees a report of the 
assessment required by subparagraph (a).
    (c) Military Housing Privatization Initiative Defined.--In this 
section, the term ``military housing privatization initiative'' means 
the programs and activities undertaken under the alternative authority 
for the acquisition and improvement of military housing under 
subchapter IV of chapter 169 of title 10, United States Code.
    Sec. 131. Of the amount appropriated by this Act, $1,500,000 shall 
be available to the Commission on Review of Overseas Military Facility 
Structure of the United States.
    This Act may be cited as the ``Military Construction Appropriations 
Act, 2005''.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                               H. R. 4837

_______________________________________________________________________

                               AMENDMENT