[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4837 Engrossed in House (EH)]
2d Session
H. R. 4837
_______________________________________________________________________
AN ACT
Making appropriations for military construction, family housing, and
base realignment and closure for the Department of Defense for the
fiscal year ending September 30, 2005, and for other purposes.
108th CONGRESS
2d Session
H. R. 4837
_______________________________________________________________________
AN ACT
Making appropriations for military construction, family housing, and
base realignment and closure for the Department of Defense for the
fiscal year ending September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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, $1,862,854,000, to remain
available until September 30, 2009: Provided, That of this amount, not
to exceed $140,554,000 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 the House of Representatives and Senate of the
determination and the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,081,042,000, to remain available until September 30,
2009: Provided, That of this amount, not to exceed $93,284,000 shall be
available for study, planning, design, and 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 the House of
Representatives and Senate of the 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, $797,865,000, to remain available until September 30, 2009:
Provided, That of this amount, not to exceed $165,367,000 shall be
available for study, planning, design, and 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 the House of
Representatives and Senate of the determination and the reasons
therefor.
Military Construction, Defense-Wide
(including transfer of funds)
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,
$718,837,000, 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 the Secretary 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 $63,482,000 shall be available
for study, planning, design, and 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 the House of Representatives and Senate
of the 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, $394,100,000, to remain available until September
30, 2009: Provided, That of this amount, not to exceed $74,982,000
shall be available for study, planning, design, and 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 the House of
Representatives and Senate of the determination and the reasons
therefor.
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, $180,533,000, to remain available until September
30, 2009: Provided, That of this amount, not to exceed $20,433,000
shall be available for study, planning, design, and 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 the House of
Representatives and Senate of the determination and the reasons
therefor.
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, $116,521,000, to
remain available until September 30, 2009: Provided, That of this
amount, not to exceed $13,413,000 shall be available for study,
planning, design, and 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 the House of Representatives and Senate of the
determination and the reasons therefor.
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, $30,955,000, to remain available until September
30, 2009: Provided, That of this amount, not to exceed $1,653,000 shall
be available for study, planning, design, and 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 the House of
Representatives and Senate of the determination and the reasons
therefor.
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, $111,725,000, to
remain available until September 30, 2009: Provided, That of this
amount, not to exceed $8,612,000 shall be available for study,
planning, design, and 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 the House of Representatives and Senate of the
determination and the reasons therefor.
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 by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $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, $926,507,000.
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, $696,304,000.
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, $854,666,000.
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-Wide
(including transfer of funds)
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 the
Secretary 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 Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $246,116,000, to remain
available until expended.
GENERAL PROVISIONS
Sec. 101. None of the funds made available in this Act 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 made available in this Act may be used
to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this Act 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 made available in this Act 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 made available in this Act 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 of the House of Representatives and
Senate.
Sec. 108. None of the funds made available in this Act 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 made available in this Act may be used
to initiate a new installation overseas without prior notification to
the Committees on Appropriations of the House of Representatives and
Senate.
Sec. 111. None of the funds made available in this Act 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 made available in this Act 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 House of Representatives and Senate, 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 funds made available in
this Act which are limited for obligation during the current fiscal
year shall be obligated during the last 2 months of the fiscal year.
(transfer of funds)
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.
(transfer of funds)
Sec. 118. During the 5-year period after appropriations available
to the Department of Defense for military construction and family
housing operation and maintenance and construction have expired for
obligation, upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making authorized
adjustments to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated balances of
such appropriations may be transferred into the appropriation ``Foreign
Currency Fluctuations, Construction, Defense'' to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
Sec. 119. The Secretary of Defense is to provide the Committees on
Appropriations of the House of Representatives and Senate 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.
(transfer of funds)
Sec. 120. 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
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged with, and to be available for the same purposes and the
same time period as that account.
(transfer of funds)
Sec. 121. Subject to 30 days prior notification to the Committees
on Appropriations of the House of Representatives and Senate, such
additional amounts as may be determined by the Secretary of Defense may
be transferred to 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: Provided, That appropriations made available to the Fund 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
and supporting facilities.
Sec. 122. None of the funds made available in this Act may be
obligated for Partnership for Peace Programs in the New Independent
States of the former Soviet Union.
Sec. 123. (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 Committees on Appropriations of the House of Representatives and
Senate and the Committees on Armed Services of the House of
Representatives and Senate 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.
(transfer of funds)
Sec. 124. 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 Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), 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. 125. Notwithstanding this or any other provision of law, funds
made available in this Act for operation 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 $20,000 per unit may be
spent annually for the maintenance and repair of any general or flag
officer quarters without 30 days advance notification to the Committees
on Appropriations of the House of Representatives and Senate and
Committees on Armed Services of the House of Representatives and
Senate, 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 of the House of Representatives and Senate
all operations and maintenance expenditures for each individual general
or flag officer quarters for the prior fiscal year.
Sec. 126. 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. 127. None of the funds made available 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. 128. Whenever the Secretary of Defense or any other official
of the Department of Defense is requested by the chairman of the
Subcommittee on Military Construction of the Committee on
Appropriations of the House of Representatives to respond to a question
or inquiry submitted by the chairman or another member of that
subcommittee pursuant to a subcommittee hearing or other activity, the
Secretary (or other official) shall respond to the request, in writing,
within 21 days of the date on which the request is transmitted to the
Secretary (or other official).
Sec. 129. The fitness center at Homestead Air Reserve Base,
Florida, shall be known and designated as the ``Sam Johnson Fitness
Center''. Any reference to such facility in any law, regulation, map,
document, record, or other paper of the United States shall be
considered to be a reference to the Sam Johnson Fitness Center.
This Act may be cited as the ``Military Construction Appropriations
Act, 2005''.
Passed the House of Representatives July 22, 2004.
Attest:
Clerk.