108TH CONGRESS

2D SESSION H. R. 4837

AN ACT

Making appropriations for military construction,

poses.ending September 30, 2005, and for other purfor the Department of Defense for the fiscal yearfamily housing, and base realignment and closure

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated for

3 military construction, family housing, and base realign4 ment and closure functions administered by the Depart5 ment of Defense, for the fiscal year ending September 30,

6 2005, and for other purposes, namely:

7 MILITARY CONSTRUCTION, ARMY

8 For acquisition, construction, installation, and equip9 ment of temporary or permanent public works, military

10 installations, facilities, and real property for the Army as

11 currently authorized by law, including personnel in the

12 Army Corps of Engineers and other personal services nec13 essary for the purposes of this appropriation, and for con14 struction and operation of facilities in support of the func15 tions of the Commander in Chief, $1,862,854,000, to re16 main available until September 30, 2009: Provided, That

17 of this amount, not to exceed $140,554,000 shall be avail18 able for study, planning, design, architect and engineer

19 services, and host nation support, as authorized by law,

20 unless the Secretary of Defense determines that additional

21 obligations are necessary for such purposes and notifies

22 the Committees on Appropriations of the House of Rep23 resentatives and Senate of the determination and the rea24 sons therefor.
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1 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

2 For acquisition, construction, installation, and equip3 ment of temporary or permanent public works, naval in4 stallations, facilities, and real property for the Navy and

5 Marine Corps as currently authorized by law, including

6 personnel in the Naval Facilities Engineering Command

7 and other personal services necessary for the purposes of

8 this appropriation, $1,081,042,000, to remain available

9 until September 30, 2009: Provided, That of this amount,

10 not to exceed $93,284,000 shall be available for study,

11 planning, design, and architect and engineer services, as

12 authorized by law, unless the Secretary of Defense deter13 mines that additional obligations are necessary for such

14 purposes and notifies the Committees on Appropriations

15 of the House of Representatives and Senate of the deter16 mination and the reasons therefor.

17 MILITARY CONSTRUCTION, AIR FORCE

18 For acquisition, construction, installation, and equip19 ment of temporary or permanent public works, military

20 installations, facilities, and real property for the Air Force

21 as currently authorized by law, $797,865,000, to remain

22 available until September 30, 2009: Provided, That of this

23 amount, not to exceed $165,367,000 shall be available for

24 study, planning, design, and architect and engineer serv25 ices, as authorized by law, unless the Secretary of Defense
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1 determines that additional obligations are necessary for

2 such purposes and notifies the Committees on Appropria3 tions of the House of Representatives and Senate of the

4 determination and the reasons therefor.

5 MILITARY CONSTRUCTION, DEFENSE-WIDE

6 (INCLUDING TRANSFER OF FUNDS)

7 For acquisition, construction, installation, and equip8 ment of temporary or permanent public works, installa9 tions, facilities, and real property for activities and agen10 cies of the Department of Defense (other than the military

11 departments), as currently authorized by law,

12 $718,837,000, to remain available until September 30,

13 2009: Provided, That such amounts of this appropriation

14 as may be determined by the Secretary of Defense may

15 be transferred to such appropriations of the Department

16 of Defense available for military construction or family

17 housing as the Secretary may designate, to be merged with

18 and to be available for the same purposes, and for the

19 same time period, as the appropriation or fund to which

20 transferred: Provided further, That of the amount appro21 priated, not to exceed $63,482,000 shall be available for

22 study, planning, design, and architect and engineer serv23 ices, as authorized by law, unless the Secretary of Defense

24 determines that additional obligations are necessary for

25 such purposes and notifies the Committees on Appropria-
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1 tions of the House of Representatives and Senate of the

2 determination and the reasons therefor.

3 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the Army National Guard, and contribu7 tions therefor, as authorized by chapter 1803 of title 10,

8 United States Code, and Military Construction Authoriza9 tion Acts, $394,100,000, to remain available until Sep10 tember 30, 2009: Provided, That of this amount, not to

11 exceed $74,982,000 shall be available for study, planning,

12 design, and architect and engineer services, as authorized

13 by law, unless the Secretary of Defense determines that

14 additional obligations are necessary for such purposes and

15 notifies the Committees on Appropriations of the House

16 of Representatives and Senate of the determination and

17 the reasons therefor.

18 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

19 For construction, acquisition, expansion, rehabilita20 tion, and conversion of facilities for the training and ad21 ministration of the Air National Guard, and contributions

22 therefor, as authorized by chapter 1803 of title 10, United

23 States Code, and Military Construction Authorization

24 Acts, $180,533,000, to remain available until September

25 30, 2009: Provided, That of this amount, not to exceed
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1 $20,433,000 shall be available for study, planning, design,

2 and architect and engineer services, as authorized by law,

3 unless the Secretary of Defense determines that additional

4 obligations are necessary for such purposes and notifies

5 the Committees on Appropriations of the House of Rep6 resentatives and Senate of the determination and the rea7 sons therefor.

8 MILITARY CONSTRUCTION, ARMY RESERVE

9 For construction, acquisition, expansion, rehabilita10 tion, and conversion of facilities for the training and ad11 ministration of the Army Reserve as authorized by chapter

12 1803 of title 10, United States Code, and Military Con13 struction Authorization Acts, $116,521,000, to remain

14 available until September 30, 2009: Provided, That of this

15 amount, not to exceed $13,413,000 shall be available for

16 study, planning, design, and architect and engineer serv17 ices, as authorized by law, unless the Secretary of Defense

18 determines that additional obligations are necessary for

19 such purposes and notifies the Committees on Appropria20 tions of the House of Representatives and Senate of the

21 determination and the reasons therefor.

22 MILITARY CONSTRUCTION, NAVAL RESERVE

23 For construction, acquisition, expansion, rehabilita24 tion, and conversion of facilities for the training and ad25 ministration of the reserve components of the Navy and
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1 Marine Corps as authorized by chapter 1803 of title 10,

2 United States Code, and Military Construction Authoriza3 tion Acts, $30,955,000, to remain available until Sep4 tember 30, 2009: Provided, That of this amount, not to

5 exceed $1,653,000 shall be available for study, planning,

6 design, and architect and engineer services, as authorized

7 by law, unless the Secretary of Defense determines that

8 additional obligations are necessary for such purposes and

9 notifies the Committees on Appropriations of the House

10 of Representatives and Senate of the determination and

11 the reasons therefor.

12 MILITARY CONSTRUCTION, AIR FORCE RESERVE

13 For construction, acquisition, expansion, rehabilita14 tion, and conversion of facilities for the training and ad15 ministration of the Air Force Reserve as authorized by

16 chapter 1803 of title 10, United States Code, and Military

17 Construction Authorization Acts, $111,725,000, to remain

18 available until September 30, 2009: Provided, That of this

19 amount, not to exceed $8,612,000 shall be available for

20 study, planning, design, and architect and engineer serv21 ices, as authorized by law, unless the Secretary of Defense

22 determines that additional obligations are necessary for

23 such purposes and notifies the Committees on Appropria24 tions of the House of Representatives and Senate of the

25 determination and the reasons therefor.
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1 NORTH ATLANTIC TREATY ORGANIZATION

2 SECURITY INVESTMENT PROGRAM

3 For the United States share of the cost of the North

4 Atlantic Treaty Organization Security Investment Pro5 gram for the acquisition and construction of military fa6 cilities and installations (including international military

7 headquarters) and for related expenses for the collective

8 defense of the North Atlantic Treaty Area as authorized

9 by section 2806 of title 10, United States Code, and Mili10 tary Construction Authorization Acts, $165,800,000, to

11 remain available until expended.

12 FAMILY HOUSING CONSTRUCTION, ARMY

13 For expenses of family housing for the Army for con14 struction, including acquisition, replacement, addition, ex15 pansion, extension, and alteration, as authorized by law,

16 $636,099,000, to remain available until September 30,

17 2009.

18 FAMILY HOUSING OPERATION AND MAINTENANCE,

19 ARMY

20 For expenses of family housing for the Army for op21 eration and maintenance, including debt payment, leasing,

22 minor construction, principal and interest charges, and in23 surance premiums, as authorized by law, $926,507,000.
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1 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

2 CORPS

3 For expenses of family housing for the Navy and Ma4 rine Corps for construction, including acquisition, replace5 ment, addition, expansion, extension, and alteration, as

6 authorized by law, $139,107,000, to remain available until

7 September 30, 2009.

8 FAMILY HOUSING OPERATION AND MAINTENANCE,

9 NAVY AND MARINE CORPS

10 For expenses of family housing for the Navy and Ma11 rine Corps for operation and maintenance, including debt

12 payment, leasing, minor construction, principal and inter13 est charges, and insurance premiums, as authorized by

14 law, $696,304,000.

15 FAMILY HOUSING CONSTRUCTION, AIR FORCE

16 For expenses of family housing for the Air Force for

17 construction, including acquisition, replacement, addition,

18 expansion, extension, and alteration, as authorized by law,

19 $846,959,000, to remain available until September 30,

20 2009.

21 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

22 FORCE

23 For expenses of family housing for the Air Force for

24 operation and maintenance, including debt payment, leas25 ing, minor construction, principal and interest charges,
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1 and insurance premiums, as authorized by law,

2 $854,666,000.

3 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

4 For expenses of family housing for the activities and

5 agencies of the Department of Defense (other than the

6 military departments) for construction, including acquisi7 tion, replacement, addition, expansion, extension, and al8 teration, as authorized by law, $49,000, to remain avail9 able until September 30, 2009.

10 FAMILY HOUSING OPERATION AND MAINTENANCE,

11 DEFENSE-WIDE

12 For expenses of family housing for the activities and

13 agencies of the Department of Defense (other than the

14 military departments) for operation and maintenance,

15 leasing, and minor construction, as authorized by law,

16 $49,575,000.

17 DEPARTMENT OF DEFENSE FAMILY HOUSING

18 IMPROVEMENT FUND

19 For the Department of Defense Family Housing Im20 provement Fund, $2,500,000, to remain available until ex21 pended, for family housing initiatives undertaken pursu22 ant to section 2883 of title 10, United States Code, pro23 viding alternative means of acquiring and improving mili24 tary family housing and supporting facilities.
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1 CHEMICAL DEMILITARIZATION CONSTRUCTION,

2 DEFENSE-WIDE

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses of construction, not otherwise provided

5 for, necessary for the destruction of the United States

6 stockpile of lethal chemical agents and munitions in ac7 cordance with the provisions of section 1412 of the De8 partment of Defense Authorization Act, 1986 (50 U.S.C.

9 1521), and for the destruction of other chemical warfare

10 materials that are not in the chemical weapon stockpile,

11 as currently authorized by law, $81,886,000, to remain

12 available until September 30, 2009: Provided, That such

13 amounts of this appropriation as may be determined by

14 the Secretary of Defense may be transferred to such ap15 propriations of the Department of Defense available for

16 military construction as the Secretary may designate, to

17 be merged with and to be available for the same purposes,

18 and for the same time period, as the appropriation to

19 which transferred.

20 BASE REALIGNMENT AND CLOSURE ACCOUNT

21 For deposit into the Department of Defense Base

22 Closure Account 1990 established by section 2906(a)(1)

23 of the Defense Base Closure and Realignment Act of 1990

24 (10 U.S.C. 2687 note), $246,116,000, to remain available

25 until expended.
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1 GENERAL PROVISIONS

2 SEC. 101. None of the funds made available in this

3 Act shall be expended for payments under a cost-plus-a4 fixed-fee contract for construction, where cost estimates

5 exceed $25,000, to be performed within the United States,

6 except Alaska, without the specific approval in writing of

7 the Secretary of Defense setting forth the reasons there8 for.

9 SEC. 102. Funds appropriated to the Department of

10 Defense for construction shall be available for hire of pas11 senger motor vehicles.

12 SEC. 103. Funds appropriated to the Department of

13 Defense for construction may be used for advances to the

14 Federal Highway Administration, Department of Trans15 portation, for the construction of access roads as author16 ized by section 210 of title 23, United States Code, when

17 projects authorized therein are certified as important to

18 the national defense by the Secretary of Defense.

19 SEC. 104. None of the funds made available in this

20 Act may be used to begin construction of new bases in

21 the United States for which specific appropriations have

22 not been made.

23 SEC. 105. None of the funds made available in this

24 Act shall be used for purchase of land or land easements

25 in excess of 100 percent of the value as determined by
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1 the Army Corps of Engineers or the Naval Facilities Engi2 neering Command, except: (1) where there is a determina3 tion of value by a Federal court; (2) purchases negotiated

4 by the Attorney General or his designee; (3) where the

5 estimated value is less than $25,000; or (4) as otherwise

6 determined by the Secretary of Defense to be in the public

7 interest.

8 SEC. 106. None of the funds made available in this

9 Act shall be used to: (1) acquire land; (2) provide for site

10 preparation; or (3) install utilities for any family housing,

11 except housing for which funds have been made available

12 in annual Military Construction Appropriations Acts.

13 SEC. 107. None of the funds made available in this

14 Act for minor construction may be used to transfer or relo15 cate any activity from one base or installation to another,

16 without prior notification to the Committees on Appro17 priations of the House of Representatives and Senate.

18 SEC. 108. None of the funds made available in this

19 Act may be used for the procurement of steel for any con20 struction project or activity for which American steel pro21 ducers, fabricators, and manufacturers have been denied

22 the opportunity to compete for such steel procurement.

23 SEC. 109. None of the funds available to the Depart24 ment of Defense for military construction or family hous-
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1 ing during the current fiscal year may be used to pay real

2 property taxes in any foreign nation.

3 SEC. 110. None of the funds made available in this

4 Act may be used to initiate a new installation overseas

5 without prior notification to the Committees on Appro6 priations of the House of Representatives and Senate.

7 SEC. 111. None of the funds made available in this

8 Act may be obligated for architect and engineer contracts

9 estimated by the Government to exceed $500,000 for

10 projects to be accomplished in Japan, in any NATO mem11 ber country, or in countries bordering the Arabian Sea,

12 unless such contracts are awarded to United States firms

13 or United States firms in joint venture with host nation

14 firms.

15 SEC. 112. None of the funds made available in this

16 Act for military construction in the United States terri17 tories and possessions in the Pacific and on Kwajalein

18 Atoll, or in countries bordering the Arabian Sea, may be

19 used to award any contract estimated by the Government

20 to exceed $1,000,000 to a foreign contractor: Provided,

21 That this section shall not be applicable to contract

22 awards for which the lowest responsive and responsible bid

23 of a United States contractor exceeds the lowest respon24 sive and responsible bid of a foreign contractor by greater

25 than 20 percent: Provided further, That this section shall
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1 not apply to contract awards for military construction on

2 Kwajalein Atoll for which the lowest responsive and re3 sponsible bid is submitted by a Marshallese contractor.

4 SEC. 113. The Secretary of Defense is to inform the

5 appropriate committees of Congress, including the Com6 mittees on Appropriations of the House of Representatives

7 and Senate, of the plans and scope of any proposed mili8 tary exercise involving United States personnel 30 days

9 prior to its occurring, if amounts expended for construc10 tion, either temporary or permanent, are anticipated to ex11 ceed $100,000.

12 SEC. 114. Not more than 20 percent of the funds

13 made available in this Act which are limited for obligation

14 during the current fiscal year shall be obligated during

15 the last 2 months of the fiscal year.

16 (TRANSFER OF FUNDS)

17 SEC. 115. Funds appropriated to the Department of

18 Defense for construction in prior years shall be available

19 for construction authorized for each such military depart20 ment by the authorizations enacted into law during the

21 current session of Congress.

22 SEC. 116. For military construction or family housing

23 projects that are being completed with funds otherwise ex24 pired or lapsed for obligation, expired or lapsed funds may

25 be used to pay the cost of associated supervision, inspec-
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1 tion, overhead, engineering and design on those projects

2 and on subsequent claims, if any.

3 SEC. 117. Notwithstanding any other provision of

4 law, any funds appropriated to a military department or

5 defense agency for the construction of military projects

6 may be obligated for a military construction project or

7 contract, or for any portion of such a project or contract,

8 at any time before the end of the fourth fiscal year after

9 the fiscal year for which funds for such project were ap10 propriated if the funds obligated for such project: (1) are

11 obligated from funds available for military construction

12 projects; and (2) do not exceed the amount appropriated

13 for such project, plus any amount by which the cost of

14 such project is increased pursuant to law.

15 (TRANSFER OF FUNDS)

16 SEC. 118. During the 5-year period after appropria17 tions available to the Department of Defense for military

18 construction and family housing operation and mainte19 nance and construction have expired for obligation, upon

20 a determination that such appropriations will not be nec21 essary for the liquidation of obligations or for making au22 thorized adjustments to such appropriations for obliga23 tions incurred during the period of availability of such ap24 propriations, unobligated balances of such appropriations

25 may be transferred into the appropriation ‘‘Foreign Cur26 rency Fluctuations, Construction, Defense’’ to be merged
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1 with and to be available for the same time period and for

2 the same purposes as the appropriation to which trans3 ferred.

4 SEC. 119. The Secretary of Defense is to provide the

5 Committees on Appropriations of the House of Represent6 atives and Senate with an annual report by February 15,

7 containing details of the specific actions proposed to be

8 taken by the Department of Defense during the current

9 fiscal year to encourage other member nations of the

10 North Atlantic Treaty Organization, Japan, Korea, and

11 United States allies bordering the Arabian Sea to assume

12 a greater share of the common defense burden of such

13 nations and the United States.

14 (TRANSFER OF FUNDS)

15 SEC. 120. In addition to any other transfer authority

16 available to the Department of Defense, proceeds depos17 ited to the Department of Defense Base Closure Account

18 established by section 207(a)(1) of the Defense Authoriza19 tion Amendments and Base Closure and Realignment Act

20 (Public Law 100–526) pursuant to section 207(a)(2)(C)

21 of such Act, may be transferred to the account established

22 by section 2906(a)(1) of the Defense Base Closure and

23 Realignment Act of 1990 (10 U.S.C. 2687 note), to be

24 merged with, and to be available for the same purposes

25 and the same time period as that account.
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1 (TRANSFER OF FUNDS)

2 SEC. 121. Subject to 30 days prior notification to the

3 Committees on Appropriations of the House of Represent4 atives and Senate, such additional amounts as may be de5 termined by the Secretary of Defense may be transferred

6 to the Department of Defense Family Housing Improve7 ment Fund from amounts appropriated for construction

8 in ‘‘Family Housing’’ accounts, to be merged with and to

9 be available for the same purposes and for the same period

10 of time as amounts appropriated directly to the Fund:

11 Provided, That appropriations made available to the Fund

12 shall be available to cover the costs, as defined in section

13 502(5) of the Congressional Budget Act of 1974, of direct

14 loans or loan guarantees issued by the Department of De15 fense pursuant to the provisions of subchapter IV of chap16 ter 169, title 10, United States Code, pertaining to alter17 native means of acquiring and improving military family

18 housing and supporting facilities.

19 SEC. 122. None of the funds made available in this

20 Act may be obligated for Partnership for Peace Programs

21 in the New Independent States of the former Soviet

22 Union.

23 SEC. 123. (a) Not later than 60 days before issuing

24 any solicitation for a contract with the private sector for

25 military family housing the Secretary of the military de-
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1 partment concerned shall submit to the Committees on

2 Appropriations of the House of Representatives and Sen3 ate and the Committees on Armed Services of the House

4 of Representatives and Senate the notice described in sub5 section (b).

6 (b)(1) A notice referred to in subsection (a) is a no7 tice of any guarantee (including the making of mortgage

8 or rental payments) proposed to be made by the Secretary

9 to the private party under the contract involved in the

10 event of—

11 (A) the closure or realignment of the installa12 tion for which housing is provided under the con13 tract;

14 (B) a reduction in force of units stationed at

15 such installation; or

16 (C) the extended deployment overseas of units

17 stationed at such installation.

18 (2) Each notice under this subsection shall specify

19 the nature of the guarantee involved and assess the extent

20 and likelihood, if any, of the liability of the Federal Gov21 ernment with respect to the guarantee.

22 (TRANSFER OF FUNDS)

23 SEC. 124. In addition to any other transfer authority

24 available to the Department of Defense, amounts may be

25 transferred from the account established by section

26 2906(a)(1) of the Defense Base Closure and Realignment
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1 Act of 1990 (10 U.S.C. 2687 note), to the fund estab2 lished by section 1013(d) of the Demonstration Cities and

3 Metropolitan Development Act of 1966 (42 U.S.C. 3374)

4 to pay for expenses associated with the Homeowners As5 sistance Program. Any amounts transferred shall be

6 merged with and be available for the same purposes and

7 for the same time period as the fund to which transferred.

8 SEC. 125. Notwithstanding this or any other provi9 sion of law, funds made available in this Act for operation

10 and maintenance of family housing shall be the exclusive

11 source of funds for repair and maintenance of all family

12 housing units, including general or flag officer quarters:

13 Provided, That not more than $20,000 per unit may be

14 spent annually for the maintenance and repair of any gen15 eral or flag officer quarters without 30 days advance noti16 fication to the Committees on Appropriations of the House

17 of Representatives and Senate and Committees on Armed

18 Services of the House of Representatives and Senate, ex19 cept that an after-the-fact notification shall be submitted

20 if the limitation is exceeded solely due to costs associated

21 with environmental remediation that could not be reason22 ably anticipated at the time of the budget submission: Pro23 vided further, That the Under Secretary of Defense

24 (Comptroller) is to report annually to the Committees on

25 Appropriations of the House of Representatives and Sen-
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1 ate all operations and maintenance expenditures for each

2 individual general or flag officer quarters for the prior fis3 cal year.

4 SEC. 126. None of the funds made available in this

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government, except

7 pursuant to a transfer made by, or transfer authority pro8 vided in, this Act or any other appropriation Act.

9 SEC. 127. None of the funds made available in this

10 Act under the heading ‘‘North Atlantic Treaty Organiza11 tion Security Investment Program’’, and no funds appro12 priated for any fiscal year before fiscal year 2005 for that

13 program that remain available for obligation, may be obli14 gated or expended for the conduct of studies of missile

15 defense.

16 SEC. 128. Whenever the Secretary of Defense or any

17 other official of the Department of Defense is requested

18 by the chairman of the Subcommittee on Military Con19 struction of the Committee on Appropriations of the

20 House of Representatives to respond to a question or in21 quiry submitted by the chairman or another member of

22 that subcommittee pursuant to a subcommittee hearing or

23 other activity, the Secretary (or other official) shall re24 spond to the request, in writing, within 21 days of the
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1 date on which the request is transmitted to the Secretary

2 (or other official).

3 SEC. 129. The fitness center at Homestead Air Re4 serve Base, Florida, shall be known and designated as the

5 ‘‘Sam Johnson Fitness Center’’. Any reference to such fa6 cility in any law, regulation, map, document, record, or

7 other paper of the United States shall be considered to

8 be a reference to the Sam Johnson Fitness Center.

9 This Act may be cited as the ‘‘Military Construction

10 Appropriations Act, 2005’’.

Passed the House of Representatives July 22, 2004.

Attest:

Clerk.