and debris of the Department of Defense, or for similar 
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of Defense, to be merged with and to be avail-
able for the same purposes and for the same time period 
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the 
funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts 
may be transferred back to this appropriation. 
ENVIRONMENTAL RESTORATION, FORMERLY USED 
DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $257,790,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris at sites formerly used by the Depart-
ment of Defense, transfer the funds made available by this 
appropriation to other appropriations made available to 
the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time 
period as the appropriations to which transferred: Pro-
vided further, That upon a determination that all or part
of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts 
may be transferred back to this appropriation. 
DEFENSE HEALTH PROGRAM 
(INCLUDING RESCISSION OF FUNDS) 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense, 
as authorized by law, $21,065,163,000, of which 
$20,218,205,000 shall be for operation and maintenance, 
of which not to exceed one percent shall remain available 
until September 30, 2008, and of which up to 
$10,638,784,000 may be available for contracts entered 
into 
under 
the 
TRICARE 
program; 
of 
which 
$402,855,000, to remain available for obligation until Sep-
tember 30, 2009, shall be for procurement; and of which 
$444,103,000, to remain available for obligation until Sep-
tember 30, 2008, shall be for research, development, test 
and evaluation: Provided, That notwithstanding any other 
provision of law, of the amount made available under this 
heading for research, development, test and evaluation, 
not less than $7,000,000 shall be available for HIV pre-
vention educational activities undertaken in connection 
with U.S. military training, exercises, and humanitarian 
assistance activities conducted primarily in African na-
tions: Provided further, That of the funds provided for
‘‘Defense Health Program’’, operations and maintenance 
under title VI of Public Law 109–148, $40,042,000 are 
hereby rescinded. 
ADMINISTRATIVE PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 101. None of the funds made available in this 
title 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 there-
for. 
SEC. 102. Funds made available in this title for con-
struction shall be available for hire of passenger motor ve-
hicles. 
SEC. 103. Funds made available in this title for con-
struction may be used for advances to the Federal High-
way Administration, Department of Transportation, for 
the construction of access roads as authorized by section 
210 of title 23, United States Code, when projects author-
ized therein are certified as important to the national de-
fense by the Secretary of Defense. 
SEC. 104. None of the funds made available in this 
title 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 
title 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 Engi-
neering Command, except: (1) where there is a determina-
tion of value by a Federal court; (2) purchases negotiated 
by the Attorney General or the designee of the Attorney 
General; (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 
title 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 Acts making appropriations for military con-
struction. 
SEC. 107. None of the funds made available in this 
title for minor construction may be used to transfer or 
relocate any activity from one base or installation to an-
other, without prior notification to the Committees on Ap-
propriations of both Houses of Congress. 
SEC. 108. None of the funds made available in this 
title may be used for the procurement of steel for any con-
struction project or activity for which American steel pro-
ducers, fabricators, and manufacturers have been denied 
the opportunity to compete for such steel procurement. 
SEC. 109. None of the funds available to the Depart-
ment of Defense for military construction or family hous-
ing 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 
title may be used to initiate a new installation overseas 
without prior notification to the Committees on Appro-
priations of both Houses of Congress. 
SEC. 111. None of the funds made available in this 
title 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 North Atlan-
tic Treaty Organization 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 
title for military construction in the United States terri-
tories 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 respon-
sive 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 re-
sponsible bid is submitted by a Marshallese contractor. 
SEC. 113. The Secretary of Defense is to inform the 
appropriate committees of both Houses of Congress, in-
cluding the Committees on Appropriations, of the plans 
and scope of any proposed military exercise involving 
United States personnel 30 days prior to its occurring, 
if amounts expended for construction, either temporary or 
permanent, are anticipated to exceed $100,000. 
SEC. 114. Not more than 20 percent of the funds 
made available in this title which are limited for obligation 
during the current fiscal year shall be obligated during 
the last two months of the fiscal year. 
SEC. 115. Funds appropriated to the Department of 
Defense for construction in prior years shall be available 
for construction authorized for each such military depart-
ment 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 ex-
pired or lapsed for obligation, expired or lapsed funds may 
be used to pay the cost of associated supervision, inspec-
tion, overhead, engineering and design on those projects 
and on subsequent claims, if any. 
SEC. 117. Notwithstanding any other provision of 
law, any funds made available 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 made 
available, if the funds obligated for such project: (1) are 
obligated from funds available for military construction 
projects; and (2) do not exceed the amount appropriated 
for such project, plus any amount by which the cost of 
such project is increased pursuant to law. 
SEC. 118. The Secretary of Defense is to provide the 
Committees on Appropriations of both Houses of Congress 
with an annual report by February 15, containing details 
of the specific actions proposed to be taken by the Depart-
ment of Defense during the current fiscal year to encour-
age other member nations of the North Atlantic Treaty 
Organization, Japan, Korea, and United States allies bor-
dering the Arabian Sea to assume a greater share of the 
common defense burden of such nations and the United 
States. 
SEC. 119. In addition to any other transfer authority 
available to the Department of Defense, proceeds depos-
ited to the Department of Defense Base Closure Account 
established by section 207(a)(1) of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note) 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. 
SEC. 120. Subject to 30 days prior notification to the 
Committees on Appropriations of both Houses of Con-
gress, such additional amounts as may be determined by 
the Secretary of Defense may be transferred to: (1) the 
Department of Defense Family Housing Improvement 
Fund from amounts appropriated for construction in 
‘‘Family Housing’’ accounts, to be merged with and to be 
available for the same purposes and for the same period 
of time as amounts appropriated directly to the Fund; or 
(2) the Department of Defense Military Unaccompanied 
Housing Improvement Fund from amounts appropriated
for construction of military unaccompanied housing in 
‘‘Military Construction’’ accounts, to be merged with and 
to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the 
Fund: Provided, That appropriations made available to 
the Funds shall be available to cover the costs, as defined 
in section 502(5) of the Congressional Budget Act of 
1974, of direct loans or loan guarantees issued by the De-
partment of Defense pursuant to the provisions of sub-
chapter IV of chapter 169 of title 10, United States Code, 
pertaining to alternative means of acquiring and improv-
ing military family housing, military unaccompanied hous-
ing, and supporting facilities. 
SEC. 121. None of the funds made available in this 
title may be obligated for Partnership for Peace Programs 
in the New Independent States of the former Soviet 
Union. 
SEC. 122. (a) Not later than 60 days before issuing 
any solicitation for a contract with the private sector for 
military family housing the Secretary of the military de-
partment concerned shall submit to the Committees on 
Appropriations of both Houses of Congress the notice de-
scribed in subsection (b). 
(b)(1) A notice referred to in subsection (a) is a no-
tice 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 installa-
tion for which housing is provided under the con-
tract; 
(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 Gov-
ernment with respect to the guarantee. 
SEC. 123. In addition to any other transfer authority 
available to the Department of Defense, amounts may be 
transferred from the accounts established by sections 
2906(a)(1) and 2906A(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 Demonstra-
tion Cities and Metropolitan Development Act of 1966 (42 
U.S.C. 3374) to pay for expenses associated with the 
Homeowners Assistance Program. Any amounts trans-
ferred shall be merged with and be available for the same
purposes and for the same time period as the fund to 
which transferred. 
SEC. 124. Notwithstanding this or any other provi-
sion of law, funds made available in this title 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 $35,000 per unit may be 
spent annually for the maintenance and repair of any gen-
eral or flag officer quarters without 30 days prior notifica-
tion to the Committees on Appropriations of both Houses 
of Congress, except that an after-the-fact notification shall 
be submitted if the limitation is exceeded solely due to 
costs associated with environmental remediation that 
could not be reasonably anticipated at the time of the 
budget submission: Provided further, That the Under Sec-
retary of Defense (Comptroller) is to report annually to 
the Committees on Appropriations of both Houses of Con-
gress all operation and maintenance expenditures for each 
individual general or flag officer quarters for the prior fis-
cal year: Provided further, That nothing in this section 
precludes the Secretary of a military department, after no-
tifying the congressional defense committees and waiting 
21 days, from using funds derived under section 2601, 
chapter 403, chapter 603, or chapter 903 of title 10,
United States Code, for the maintenance or repair of gen-
eral and flag officer quarters at the military service acad-
emy under the jurisdiction of that Secretary: Provided fur-
ther, That each Secretary of a military department shall 
provide an annual report by February 15 to the congres-
sional defense committees on the amount of funds that 
were derived under section 2601, chapter 403, chapter 
603, or chapter 903 of title 10, United States Code, in 
the previous year and were obligated for the construction, 
improvement, repair, or maintenance of any military facil-
ity or infrastructure. 
SEC. 125. None of the funds made available in this 
title under the heading ‘‘North Atlantic Treaty Organiza-
tion Security Investment Program’’, and no funds appro-
priated for any fiscal year before fiscal year 2007 for that 
program that remain available for obligation, may be obli-
gated or expended for the conduct of studies of missile 
defense. 
SEC. 126. Whenever the Secretary of Defense or any 
other official of the Department of Defense is requested 
by the subcommittee on Military Quality of Life and Vet-
erans Affairs, and Related Agencies of the Committee on 
Appropriations of the House of Representatives or the 
subcommittee on Military Construction and Veterans Af-
fairs, and Related Agencies of the Committee on Appro-
priations of the Senate 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 re-
spond to the request, in writing, within 21 days of the 
date on which the request is transmitted to the Secretary 
(or other official). 
SEC. 127. Amounts contained in the Ford Island Im-
provement Account established by subsection (h) of sec-
tion 2814 of title 10, United States Code, are appro-
priated and shall be available until expended for the pur-
poses specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section. 
SEC. 128. None of the funds made available in this 
title, or in any Act making appropriations for military con-
struction which remain available for obligation, may be ob-
ligated or expended to carry out a military construction, 
land acquisition, or family housing project at or for a mili-
tary installation approved for closure, or at a military in-
stallation for the purposes of supporting a function that 
has been approved for realignment to another installation, 
in 2005 under the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXIX of Public Law 101–
510; 10 U.S.C. 2687 note), unless such a project at a mili-
tary installation approved for realignment will support a