[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.