IB 

108TH CONGRESS 

2D SESSION H. R. 4837 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 20, 2004 

Order to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated for 

5 military construction, family housing, and base realign6 ment and closure functions administered by the Depart7 ment of Defense, for the fiscal year ending September 30, 

8 2005, and for other purposes, namely: 
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1 MILITARY CONSTRUCTION, ARMY

2 For acquisition, construction, installation, and equip3 ment of temporary or permanent public works, military 

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

5 currently authorized by law, including personnel in the 

6 Army Corps of Engineers and other personal services nec7 essary for the purposes of this appropriation, and for con8 struction and operation of facilities in support of the func9 tions of the Commander in Chief, $1,862,854,000, to re10 main available until September 30, 2009: Provided, That 

11 of this amount, not to exceed $140,554,000 shall be avail12 able for study, planning, design, architect and engineer 

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

14 unless the Secretary of Defense determines that additional 

15 obligations are necessary for such purposes and notifies 

16 the Committees on Appropriations of the House of Rep17 resentatives and Senate of the determination and the rea18 sons therefor. 

19 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

20 For acquisition, construction, installation, and equip21 ment of temporary or permanent public works, naval in22 stallations, facilities, and real property for the Navy and 

23 Marine Corps as currently authorized by law, including 

24 personnel in the Naval Facilities Engineering Command 

25 and other personal services necessary for the purposes of 
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1 this appropriation, $1,081,042,000, to remain available 

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

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

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

5 authorized by law, unless the Secretary of Defense deter6 mines that additional obligations are necessary for such 

7 purposes and notifies the Committees on Appropriations 

8 of the House of Representatives and Senate of the deter9 mination and the reasons therefor. 

10 MILITARY CONSTRUCTION, AIR FORCE

11 For acquisition, construction, installation, and equip12 ment of temporary or permanent public works, military 

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

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

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

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

17 study, planning, design, and architect and engineer serv18 ices, as authorized by law, unless the Secretary of Defense 

19 determines that additional obligations are necessary for 

20 such purposes and notifies the Committees on Appropria21 tions of the House of Representatives and Senate of the 

22 determination and the reasons therefor. 
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1 MILITARY CONSTRUCTION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, installa5 tions, facilities, and real property for activities and agen6 cies of the Department of Defense (other than the military 

7 departments), as currently authorized by law, 

8 $718,837,000, to remain available until September 30, 

9 2009: Provided, That such amounts of this appropriation 

10 as may be determined by the Secretary of Defense may 

11 be transferred to such appropriations of the Department 

12 of Defense available for military construction or family 

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

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

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

16 transferred: Provided further, That of the amount appro17 priated, not to exceed $63,482,000 shall be available for 

18 study, planning, design, and architect and engineer serv19 ices, as authorized by law, unless the Secretary of Defense 

20 determines that additional obligations are necessary for 

21 such purposes and notifies the Committees on Appropria22 tions of the House of Representatives and Senate of the 

23 determination and the reasons therefor. 
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1 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Army National Guard, and contribu5 tions therefor, as authorized by chapter 1803 of title 10, 

6 United States Code, and Military Construction Authoriza7 tion Acts, $394,100,000, to remain available until Sep8 tember 30, 2009: Provided, That of this amount, not to 

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

10 design, and architect and engineer services, as authorized 

11 by law, unless the Secretary of Defense determines that 

12 additional obligations are necessary for such purposes and 

13 notifies the Committees on Appropriations of the House 

14 of Representatives and Senate of the determination and 

15 the reasons therefor. 

16 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

17 For construction, acquisition, expansion, rehabilita18 tion, and conversion of facilities for the training and ad19 ministration of the Air National Guard, and contributions 

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

21 States Code, and Military Construction Authorization 

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

23 30, 2009: Provided, That of this amount, not to exceed 

24 $20,433,000 shall be available for study, planning, design, 

25 and architect and engineer services, as authorized by law, 
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1 unless the Secretary of Defense determines that additional 

2 obligations are necessary for such purposes and notifies 

3 the Committees on Appropriations of the House of Rep4 resentatives and Senate of the determination and the rea5 sons therefor. 

6 MILITARY CONSTRUCTION, ARMY RESERVE

7 For construction, acquisition, expansion, rehabilita8 tion, and conversion of facilities for the training and ad9 ministration of the Army Reserve as authorized by chapter 

10 1803 of title 10, United States Code, and Military Con11 struction Authorization Acts, $116,521,000, to remain 

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

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

14 study, planning, design, and architect and engineer serv15 ices, as authorized by law, unless the Secretary of Defense 

16 determines that additional obligations are necessary for 

17 such purposes and notifies the Committees on Appropria18 tions of the House of Representatives and Senate of the 

19 determination and the reasons therefor. 

20 MILITARY CONSTRUCTION, NAVAL RESERVE

21 For construction, acquisition, expansion, rehabilita22 tion, and conversion of facilities for the training and ad23 ministration of the reserve components of the Navy and 

24 Marine Corps as authorized by chapter 1803 of title 10, 

25 United States Code, and Military Construction Authoriza-
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1 tion Acts, $30,955,000, to remain available until Sep2 tember 30, 2009: Provided, That of this amount, not to 

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

4 design, and architect and engineer services, as authorized 

5 by law, unless the Secretary of Defense determines that 

6 additional obligations are necessary for such purposes and 

7 notifies the Committees on Appropriations of the House 

8 of Representatives and Senate of the determination and 

9 the reasons therefor. 

10 MILITARY CONSTRUCTION, AIR FORCE RESERVE

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Air Force Reserve as authorized by 

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

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

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

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

18 study, planning, design, and architect and engineer serv19 ices, as authorized by law, unless the Secretary of Defense 

20 determines that additional obligations are necessary for 

21 such purposes and notifies the Committees on Appropria22 tions of the House of Representatives and Senate of the 

23 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’’. 

11 That the following sums are appropriated, out of any 

12 money in the Treasury not otherwise appropriated for mili13 tary construction, family housing, and base realignment 

14 and closure functions administered by the Department of 

15 Defense, for the fiscal year ending September 30, 2005, and 

16 for other purposes, namely: 

17 MILITARY CONSTRUCTION, ARMY

18 For acquisition, construction, installation, and equip19 ment of temporary or permanent public works, military in20 stallations, facilities, and real property for the Army as 

21 currently authorized by law, including personnel in the 

22 Army Corps of Engineers and other personal services nec23 essary for the purposes of this appropriation, and for con24 struction and operation of facilities in support of the func25 tions of the Commander in Chief, $1,977,166,000, to remain 
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1 available until September 30, 2009: Provided, That of this 

2 amount, not to exceed $187,216,000 shall be available for 

3 study, planning, design, architect and engineer services, 

4 and host nation support, as authorized by law, unless the 

5 Secretary of Defense determines that additional obligations 

6 are necessary for such purposes and notifies the Committees 

7 on Appropriations of both Houses of Congress of his deter8 mination and the reasons therefor. 

9 MILITARY CONSTRUCTION, NAVY

10 For acquisition, construction, installation, and equip11 ment of temporary or permanent public works, naval in12 stallations, facilities, and real property for the Navy as cur13 rently authorized by law, including personnel in the Naval 

14 Facilities Engineering Command and other personal serv15 ices necessary for the purposes of this appropriation, 

16 $1,016,315,000, to remain available until September 30, 

17 2009: Provided, That of this amount, not to exceed 

18 $110,277,000 shall be available for study, planning, design, 

19 architect and engineer services, as authorized by law, unless 

20 the Secretary of Defense determines that additional obliga21 tions are necessary for such purposes and notifies the Com22 mittees on Appropriations of both Houses of Congress of his 

23 determination and the reasons therefor. 
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1 MILITARY CONSTRUCTION, AIR FORCE

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

5 as currently authorized by law, $841,131,000, to remain 

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

7 amount, not to exceed $180,507,000 shall be available for 

8 study, planning, design, architect and engineer services, as 

9 authorized by law, unless the Secretary of Defense deter10 mines that additional obligations are necessary for such 

11 purposes and notifies the Committees on Appropriations of 

12 both Houses of Congress of his determination and the rea13 sons therefor. 

14 MILITARY CONSTRUCTION, DEFENSE-WIDE

15 For acquisition, construction, installation, and equip16 ment of temporary or permanent public works, installa17 tions, facilities, and real property for activities and agen18 cies of the Department of Defense (other than the military 

19 departments), as currently authorized by law, 

20 $696,491,000, to remain available until September 30, 

21 2009: Provided, That such amounts of this appropriation 

22 as may be determined by the Secretary of Defense may be 

23 transferred to such appropriations of the Department of De24 fense available for military construction or family housing 

25 as he may designate, to be merged with and to be available 
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1 for the same purposes, and for the same time period, as 

2 the appropriation or fund to which transferred: Provided 

3 further, That of the amount appropriated, not to exceed 

4 $66,336,000 shall be available for study, planning, design, 

5 architect and engineer services, as authorized by law, unless 

6 the Secretary of Defense determines that additional obliga7 tions are necessary for such purposes and notifies the Com8 mittees on Appropriations of both Houses of Congress of his 

9 determination and the reasons therefor. 

10 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Army National Guard, and contribu14 tions therefor, as authorized by chapter 1803 of title 10, 

15 United States Code, and Military Construction Authoriza16 tion Acts, $381,765,000, to remain available until Sep17 tember 30, 2009. 

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 Acts, 

24 $231,083,000, to remain available until September 30, 

25 2009. 
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1 MILITARY CONSTRUCTION, ARMY RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Army Reserve as authorized by chapter 

5 1803 of title 10, United States Code, and Military Con6 struction Authorization Acts, $66,325,000, to remain avail7 able until September 30, 2009. 

8 MILITARY CONSTRUCTION, NAVAL RESERVE

9 For construction, acquisition, expansion, rehabilita10 tion, and conversion of facilities for the training and ad11 ministration of the reserve components of the Navy and Ma12 rine Corps as authorized by chapter 1803 of title 10, United 

13 States Code, and Military Construction Authorization Acts, 

14 $33,735,000, to remain available until September 30, 2009. 

15 MILITARY CONSTRUCTION, AIR FORCE RESERVE

16 For construction, acquisition, expansion, rehabilita17 tion, and conversion of facilities for the training and ad18 ministration of the Air Force Reserve as authorized by 

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

20 Construction Authorization Acts, $101,373,000, to remain 

21 available until September 30, 2009. 

22 NORTH ATLANTIC TREATY ORGANIZATION SECURITY

23 INVESTMENT PROGRAM

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

25 Atlantic Treaty Organization Security Investment Pro-
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1 gram for the acquisition and construction of military facili2 ties and installations (including international military 

3 headquarters) and for related expenses for the collective de4 fense of the North Atlantic Treaty Area as authorized in 

5 Military Construction Authorization Acts and section 2806 

6 of title 10, United States Code, $165,800,000, to remain 

7 available until expended. 

8 FAMILY HOUSING CONSTRUCTION, ARMY

9 For expenses of family housing for the Army for con10 struction, including acquisition, replacement, addition, ex11 pansion, extension and alteration, as authorized by law, 

12 $636,099,000, to remain available until September 30, 

13 2009. 

14 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

15 For expenses of family housing for the Army for oper16 ation and maintenance, including debt payment, leasing, 

17 minor construction, principal and interest charges, and in18 surance premiums, as authorized by law, $928,907,000. 

19 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

20 CORPS

21 For expenses of family housing for the Navy and Ma22 rine Corps for construction, including acquisition, replace23 ment, addition, expansion, extension and alteration, as au24 thorized by law, $139,107,000, to remain available until 

25 September 30, 2009. 
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1 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

2 AND MARINE CORPS

3 For expenses of family housing for the Navy and Ma4 rine Corps for operation and maintenance, including debt 

5 payment, leasing, minor construction, principal and inter6 est charges, and insurance premiums, as authorized by law, 

7 $704,504,000. 

8 FAMILY HOUSING CONSTRUCTION, AIR FORCE

9 For expenses of family housing for the Air Force for 

10 construction, including acquisition, replacement, addition, 

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

12 $846,959,000, to remain available until September 30, 

13 2009. 

14 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

15 FORCE

16 For expenses of family housing for the Air Force for 

17 operation and maintenance, including debt payment, leas18 ing, minor construction, principal and interest charges, 

19 and insurance premiums, as authorized by law, 

20 $856,114,000. 

21 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

22 For expenses of family housing for the activities and 

23 agencies of the Department of Defense (other than the mili24 tary departments) for construction, including acquisition, 

25 replacement, addition, expansion, extension and alteration, 
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1 as authorized by law, $49,000, to remain available until 

2 September 30, 2009. 

3 FAMILY HOUSING OPERATION AND MAINTENANCE, 

4 DEFENSE-WIDE

5 For expenses of family housing for the activities and 

6 agencies of the Department of Defense (other than the mili7 tary departments) for operation and maintenance, leasing, 

8 and minor construction, as authorized by law, $49,575,000. 

9 DEPARTMENT OF DEFENSE FAMILY HOUSING

10 IMPROVEMENT FUND

11 For the Department of Defense Family Housing Im12 provement Fund, $2,500,000, to remain available until ex13 pended, for family housing initiatives undertaken pursuant 

14 to section 2883 of title 10, United States Code, providing 

15 alternative means of acquiring and improving military 

16 family housing and supporting facilities. 

17 CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE

18 For expenses of construction, not otherwise provided 

19 for, necessary for the destruction of the United States stock20 pile of lethal chemical agents and munitions in accordance 

21 with the provisions of section 1412 of the Department of 

22 Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 

23 the destruction of other chemical warfare materials that are 

24 not in the chemical weapon stockpile, as currently author25 ized by law, $81,886,000, to remain available until Sep-
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1 tember 30, 2009: Provided, That such amounts of this ap2 propriation as may be determined by the Secretary of De3 fense may be transferred to such appropriations of the De4 partment of Defense available for military construction as 

5 he may designate, to be merged with and to be available 

6 for the same purposes, and for the same time period, as 

7 the appropriation to which transferred. 

8 BASE REALIGNMENTAND CLOSURE ACCOUNT

9 For deposit into the Department of Defense Base Clo10 sure Account 1990 established by section 2906(a)(1) of the 

11 Department of Defense Authorization Act, 1991 (Public 

12 Law 101–510), $246,116,000, to remain available until ex13 pended. 

14 GENERAL PROVISIONS 

15 SEC. 101. None of the funds appropriated in Military 

16 Construction Appropriations Acts shall be expended for 

17 payments under a cost-plus-a-fixed-fee contract for con18 struction, where cost estimates exceed $25,000, to be per19 formed within the United States, except Alaska, without the 

20 specific approval in writing of the Secretary of Defense set21 ting forth the reasons therefor. 

22 SEC. 102. Funds appropriated to the Department of 

23 Defense for construction shall be available for hire of pas24 senger motor vehicles. 
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1 SEC. 103. Funds appropriated to the Department of 

2 Defense for construction may be used for advances to the 

3 Federal Highway Administration, Department of Trans4 portation, for the construction of access roads as authorized 

5 by section 210 of title 23, United States Code, when projects 

6 authorized therein are certified as important to the national 

7 defense by the Secretary of Defense. 

8 SEC. 104. None of the funds appropriated in this Act 

9 may be used to begin construction of new bases inside the 

10 continental United States for which specific appropriations 

11 have not been made. 

12 SEC. 105. No part of the funds provided in Military 

13 Construction Appropriations Acts shall be used for purchase 

14 of land or land easements in excess of 100 percent of the 

15 value as determined by the Army Corps of Engineers or 

16 the Naval Facilities Engineering Command, except: (1) 

17 where there is a determination of value by a Federal court; 

18 (2) purchases negotiated by the Attorney General or his des19 ignee; (3) where the estimated value is less than $25,000; 

20 or (4) as otherwise determined by the Secretary of Defense 

21 to be in the public interest. 

22 SEC. 106. None of the funds appropriated in Military 

23 Construction Appropriations Acts shall be used to: (1) ac24 quire land; (2) provide for site preparation; or (3) install 

25 utilities for any family housing, except housing for which 
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1 funds have been made available in annual Military Con2 struction Appropriations Acts. 

3 SEC. 107. None of the funds appropriated in Military 

4 Construction Appropriations Acts for minor construction 

5 may be used to transfer or relocate any activity from one 

6 base or installation to another, without prior notification 

7 to the Committees on Appropriations. 

8 SEC. 108. No part of the funds appropriated in Mili9 tary Construction Appropriations Acts may be used for the 

10 procurement of steel for any construction project or activity 

11 for which American steel producers, fabricators, and manu12 facturers have been denied the opportunity to compete for 

13 such steel procurement. 

14 SEC. 109. None of the funds available to the Depart15 ment of Defense for military construction or family housing 

16 during the current fiscal year may be used to pay real prop17 erty taxes in any foreign nation. 

18 SEC. 110. None of the funds appropriated in Military 

19 Construction Appropriations Acts may be used to initiate 

20 a new installation overseas without prior notification to the 

21 Committees on Appropriations. 

22 SEC. 111. None of the funds appropriated in Military 

23 Construction Appropriations Acts may be obligated for ar24 chitect and engineer contracts estimated by the Government 

25 to exceed $500,000 for projects to be accomplished in Japan, 
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1 in any NATO member country, or in countries bordering 

2 the Arabian Sea, unless such contracts are awarded to 

3 United States firms or United States firms in joint venture 

4 with host nation firms. 

5 SEC. 112. None of the funds appropriated in Military 

6 Construction Appropriations Acts for military construction 

7 in the United States territories and possessions in the Pa8 cific and on Kwajalein Atoll, or in countries bordering the 

9 Arabian Sea, may be used to award any contract estimated 

10 by the Government to exceed $1,000,000 to a foreign con11 tractor: Provided, That this section shall not be applicable 

12 to contract awards for which the lowest responsive and re13 sponsible bid of a United States contractor exceeds the low14 est responsive and responsible bid of a foreign contractor 

15 by greater than 20 percent: Provided further, That this sec16 tion shall not apply to contract awards for military con17 struction on Kwajalein Atoll for which the lowest responsive 

18 and responsible bid is submitted by a Marshallese con19 tractor. 

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

21 appropriate committees of Congress, including the Commit22 tees on Appropriations, of the plans and scope of any pro23 posed military exercise involving United States personnel 

24 30 days prior to its occurring, if amounts expended for con-
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1 struction, either temporary or permanent, are anticipated 

2 to exceed $100,000. 

3 SEC. 114. Not more than 20 percent of the appropria4 tions in Military Construction Appropriations Acts which 

5 are limited for obligation during the current fiscal year 

6 shall be obligated during the last 2 months of the fiscal year. 

7 SEC. 115. Funds appropriated to the Department of 

8 Defense for construction in prior years shall be available 

9 for construction authorized for each such military depart10 ment by the authorizations enacted into law during the cur11 rent session of Congress. 

12 SEC. 116. For military construction or family housing 

13 projects that are being completed with funds otherwise ex14 pired or lapsed for obligation, expired or lapsed funds may 

15 be used to pay the cost of associated supervision, inspection, 

16 overhead, engineering and design on those projects and on 

17 subsequent claims, if any. 

18 SEC. 117. Notwithstanding any other provision of law, 

19 any funds appropriated to a military department or de20 fense agency for the construction of military projects may 

21 be obligated for a military construction project or contract, 

22 or for any portion of such a project or contract, at any 

23 time before the end of the fourth fiscal year after the fiscal 

24 year for which funds for such project were appropriated if 

25 the funds obligated for such project: (1) are obligated from 
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1 funds available for military construction projects; and (2) 

2 do not exceed the amount appropriated for such project, 

3 plus any amount by which the cost of such project is in4 creased pursuant to law. 

5 SEC. 118. The Secretary of Defense is to provide the 

6 Committees on Appropriations of the Senate and the House 

7 of Representatives with an annual report by February 15, 

8 containing details of the specific actions proposed to be 

9 taken by the Department of Defense during the current fis10 cal year to encourage other member nations of the North 

11 Atlantic Treaty Organization, Japan, Korea, and United 

12 States allies bordering the Arabian Sea to assume a greater 

13 share of the common defense burden of such nations and 

14 the United States. 

15 SEC. 119. During the current fiscal year, in addition 

16 to any other transfer authority available to the Department 

17 of Defense, proceeds deposited to the Department of Defense 

18 Base Closure Account established by section 207(a)(1) of the 

19 Defense Authorization Amendments and Base Closure and 

20 Realignment Act (Public Law 100–526) pursuant to section 

21 207(a)(2)(C) of such Act, may be transferred to the account 

22 established by section 2906(a)(1) of the Department of De23 fense Authorization Act, 1991, to be merged with, and to 

24 be available for the same purposes and the same time period 

25 as that account. 
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1 SEC. 120. Subject to 30 days prior notification to the 

2 Committees on Appropriations, such additional amounts as 

3 may be determined by the Secretary of Defense may be 

4 transferred to (1) the Department of Defense Family Hous5 ing Improvement Fund from amounts appropriated for 

6 construction in ‘‘Family Housing’’ accounts, to be merged 

7 with and to be available for the same purposes and for the 

8 same period of time as amounts appropriated directly to 

9 the Fund, or (2) the Department of Defense Military Unac10 companied Housing Improvement Fund from amounts ap11 propriated for construction of military unaccompanied 

12 housing in ‘‘Military Construction’’ accounts, to be merged 

13 with and to be available for the same purposes and for the 

14 same period of time as amounts appropriated directly to 

15 the Fund: Provided, That appropriations made available 

16 to the Funds shall be available to cover the costs, as defined 

17 in section 502(5) of the Congressional Budget Act of 1974, 

18 of direct loans or loan guarantees issued by the Department 

19 of Defense pursuant to the provisions of subchapter IV of 

20 chapter 169, title 10, United States Code, pertaining to al21 ternative means of acquiring and improving military fam22 ily housing, military unaccompanied housing, and sup23 porting facilities. 

24 SEC. 121. None of the funds appropriated or made 

25 available by this Act may be obligated for Partnership for 
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1 Peace Programs in the New Independent States of the 

2 former Soviet Union. 

3 SEC. 122. (a) Not later than 60 days before issuing 

4 any solicitation for a contract with the private sector for 

5 military family housing the Secretary of the military de6 partment concerned shall submit to the congressional de7 fense committees the notice described in subsection (b). 

8 (b)(1) A notice referred to in subsection (a) is a notice 

9 of any guarantee (including the making of mortgage or 

10 rental payments) proposed to be made by the Secretary to 

11 the private party under the contract involved in the event 

12 of— 

13 (A) the closure or realignment of the installation 

14 for which housing is provided under the contract; 

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

16 such installation; or 

17 (C) the extended deployment overseas of units 

18 stationed at such installation. 

19 (2) Each notice under this subsection shall specify the 

20 nature of the guarantee involved and assess the extent and 

21 likelihood, if any, of the liability of the Federal Government 

22 with respect to the guarantee. 

23 (c) In this section, the term, ‘‘congressional defense 

24 committees’’ means the following: 
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1 (1) The Committee on Armed Services and the 

2 Military Construction Subcommittee, Committee on 

3 Appropriations of the Senate. 

4 (2) The Committee on Armed Services and the 

5 Military Construction Subcommittee, Committee on 

6 Appropriations of the House of Representatives. 

7 SEC. 123. During the current fiscal year, in addition 

8 to any other transfer authority available to the Department 

9 of Defense, amounts may be transferred from the account 

10 established by section 2906(a)(1) of the Department of De11 fense Authorization Act, 1991, to the fund established by 

12 section 1013(d) of the Demonstration Cities and Metropoli13 tan Development Act of 1966 (42 U.S.C. 3374) to pay for 

14 expenses associated with the Homeowners Assistance Pro15 gram. Any amounts transferred shall be merged with and 

16 be available for the same purposes and for the same time 

17 period as the fund to which transferred. 

18 SEC. 124. Notwithstanding this or any other provision 

19 of law, funds appropriated in Military Construction Ap20 propriations Acts for operations and maintenance of family 

21 housing shall be the exclusive source of funds for repair and 

22 maintenance of all family housing units, including general 

23 or flag officer quarters: Provided, That not more than 

24 $35,000 per unit may be spent annually for the mainte25 nance and repair of any general or flag officer quarters 
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1 without 30 days advance prior notification to the appro2 priate committees of Congress, except that an after-the-fact 

3 notification shall be submitted if the limitation is exceeded 

4 solely due to costs associated with environmental remedi5 ation that could not be reasonably anticipated at the time 

6 of the budget submission: Provided further, That the Under 

7 Secretary of Defense (Comptroller) is to report annually to 

8 the Committees on Appropriations all operations and 

9 maintenance expenditures for each individual general or 

10 flag officer quarters for the prior fiscal year. 

11 SEC. 125. None of the funds made available in this 

12 Act may be transferred to any department, agency, or in13 strumentality of the United States Government, except pur14 suant to a transfer made by, or transfer authority provided 

15 in, this Act or any other appropriation Act. 

16 SEC. 126. No funds appropriated in this Act under 

17 the heading ‘‘North Atlantic Treaty Organization Security 

18 Investment Program’’, and no funds appropriated for any 

19 fiscal year before fiscal year 2005 for that program that 

20 remain available for obligation, may be obligated or ex21 pended for the conduct of studies of missile defense. 

22 SEC. 127. Section 128(b)3(A) of Public Law 108–132 

23 is amended by striking the words ‘‘December 31, 2004’’ and 

24 replacing with ‘‘August 15, 2005’’. 
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1 SEC. 128. During the current fiscal year, amounts con2 tained in the Ford Island Improvement Account established 

3 under 10 U.S.C. 2814(h) are appropriated and shall be 

4 available until expended for the purposes specified in 10 

5 U.S.C. 2814(i)(1) or until transferred pursuant to the pro6 visions of 10 U.S.C. 2814(i)(3). 

7 SEC. 129. (a) TRANSFER OF CERTAIN EXCESS PROP8 ERTY AT FORT HUNTER LIGGETT, CALIFORNIA.— 

9 (1) Notwithstanding any other provision of law, 

10 whenever the Secretary of the Army determines that 

11 any portion of real property consisting of approxi12 mately 165,000 acres at Fort Hunter Liggett, Cali13 fornia, is excess to the military needs of the Army, the 

14 Secretary of the Army shall first offer the property to 

15 the Secretary of Agriculture. 

16 (2) If the Secretary of Agriculture determines, 

17 pursuant to negotiations with the Secretary of the 

18 Army, to accept any property offered under para19 graph (1), the Secretary of the Army shall transfer 

20 administrative jurisdiction of such property to the 

21 Secretary of Agriculture. 

22 (b) MANAGEMENTOF TRANSFERRED PROPERTY.— 

23 (1) The Secretary of Agriculture shall manage 

24 any property transferred under subsection (a) as part 

25 of the National Forest System under the Act of March 
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1 1, 1911 (commonly known as ‘‘Weeks Law’’) (16 

2 U.S.C. 480 et seq.), and other laws relating to the Na3 tional Forest System. 

4 (2) Any property managed under paragraph (1) 

5 shall be subject to the concurrent jurisdiction of the 

6 State of California. 

7 (c) ADJUSTMENT OF BOUNDARIES.— 

8 (1) Effective upon the transfer of property under 

9 subsection (a), the boundaries of Los Padres National 

10 Forest shall be modified to incorporate such property. 

11 The Chief of the United States Forest Service shall 

12 file and make available for public inspection in the 

13 Office of the Chief of the United States Forest Service 

14 in Washington, District of Columbia, a map reflect15 ing any modification of the boundaries of Los Padres 

16 National Forest pursuant to the preceding sentence. 

17 (2) Any property incorporated within the bound18 aries of Los Padres National Forest under this section 

19 shall be deemed to have been within the boundaries of 

20 Los Padres National Forest as of January 1, 1965, 

21 for purposes of section 7(a) of the Land and Water 

22 Conservation Fund Act of 1965 (16 U.S.C. 460l– 

23 9(a)). 

24 (d) ENVIRONMENTAL MATTERS.— 
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1 (1) As part of the transfer of property under sub2 section (a), the Secretary of the Army shall— 

3 (A) provide the Secretary of Agriculture all 

4 documentation and information in the possession 

5 of the Secretary of the Army on the environ6 mental condition of such property, including an 

7 environmental baseline survey or its equivalent; 

8 and 

9 (B) perform all environmental remediation 

10 and response necessary to protect human health 

11 and the environment on such property to the ex12 tent consistent with the use of such property as 

13 part of the National Forest System. 

14 (2)(A) The transfer of property under subsection 

15 (a) shall not affect the responsibilities of the Secretary 

16 of the Army with respect to such property under any 

17 applicable environmental law, including Comprehen18 sive Environmental Response, Compensation, and Li19 ability Act of 1980 (42 U.S.C. 9601 et seq.). 

20 (B) Pursuant to the transfer of property, the 

21 Secretary of the Army shall perform all environ22 mental remediation and response with respect to envi23 ronmental contamination or injury to natural re24 sources on such property that are attributable to 

25 former military activities on such property to the ex-
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1 tent consistent with the use of such property as part 

2 of the National Forest System. 

3 (C) The Secretary of Agriculture shall have no 

4 liability for any environmental remediation and re5 sponse described in subparagraph (B). 

6 SEC. 130. (a) ASSESSMENTOF BUDGET AUTHORITY

7 LIMITATION ON MILITARY HOUSING PRIVATIZATION INITIA8 TIVE.—(1) The Secretary of Defense shall assess the impacts 

9 on the military family housing program of having the total 

10 value of contracts and investments undertaken under the 

11 Military Housing Privatization Initiative reach the limita12 tion on budget authority for the initiative specified in sec13 tion 2883(g) of title 10, United States Code. 

14 (2) The assessment shall include: an estimate of 

15 the appropriations and period of time necessary to 

16 provide the level and quality of housing contemplated 

17 under the Military Housing Privatization Initiative 

18 in the event that limitation in 10 U.S.C. 2883(g) is 

19 not eliminated and the potential impact on military 

20 families if the limitation is not eliminated. 

21 (b) The Secretary of Defense shall, no later than De22 cember 31, 2004, provide to the congressional defense com23 mittees a report of the assessment required by subparagraph 

24 (a). 
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1 (c) MILITARY HOUSING PRIVATIZATION INITIATIVE

2 DEFINED.—In this section, the term ‘‘military housing pri3 vatization initiative’’ means the programs and activities 

4 undertaken under the alternative authority for the acquisi5 tion and improvement of military housing under sub6 chapter IV of chapter 169 of title 10, United States Code. 

7 SEC. 131. Of the amount appropriated by this Act, 

8 $1,500,000 shall be available to the Commission on Review 

9 of Overseas Military Facility Structure of the United 

10 States. 

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

12 Appropriations Act, 2005’’. 

Passed the House of Representatives July 22, 2004. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate September 20, 2004. 

Attest: EMILY J. REYNOLDS, 

Secretary.