II 
Calendar No. 494 
111TH CONGRESS 
2D SESSION 
H. R. 5822 
IN THE SENATE OF THE UNITED STATES 
JULY 29, 2010 
Received; read twice and placed on the calendar 
AN ACT 
Making appropriations for military construction, the Depart-
ment of Veterans Affairs, and related agencies for the 
fiscal year ending September 30, 2011, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for 
military construction, the Department of Veterans Affairs, 
and related agencies for the fiscal year ending September 
30, 2011, and for other purposes, namely: 
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TITLE I 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military 
installations, facilities, and real property for the Army as 
currently authorized by law, including personnel in the 
Army Corps of Engineers and other personal services nec-
essary for the purposes of this appropriation, and for con-
struction and operation of facilities in support of the func-
tions of the Commander in Chief, $4,051,512,000, to re-
main available until September 30, 2015, of which 
$190,000,000 shall be for trainee troop housing facilities: 
Provided, 
That 
of 
this 
amount, 
not 
to 
exceed 
$259,456,000 shall be available for study, planning, de-
sign, architect and engineer services, and host nation sup-
port, as authorized by law, unless the Secretary of the 
Army determines that additional obligations are necessary 
for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of the determination 
and the reasons therefor: Provided further, That, not later 
than 30 days after the date of the enactment of this Act, 
the Secretary of the Army shall submit to the Committees 
on Appropriations of both Houses of Congress an expendi-
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ture plan for the funds provided for trainee troop housing 
facilities. 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, naval in-
stallations, facilities, and real property for the Navy and 
Marine Corps as currently authorized by law, including 
personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of 
this appropriation, $3,587,376,000, to remain available 
until September 30, 2015: Provided, That of this amount, 
not to exceed $123,750,000 shall be available for study, 
planning, design, and architect and engineer services, as 
authorized by law, unless the Secretary of the Navy deter-
mines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations 
of both Houses of Congress of the determination and the 
reasons therefor. 
MILITARY CONSTRUCTION, AIR FORCE 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military 
installations, facilities, and real property for the Air Force 
as currently authorized by law, $1,276,385,000, to remain 
available until September 30, 2015: Provided, That of this 
amount, not to exceed $73,536,000 shall be available for 
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study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of the Air 
Force determines that additional obligations are necessary 
for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of the determination 
and the reasons therefor. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, installa-
tions, facilities, and real property for activities and agen-
cies of the Department of Defense (other than the military 
departments), 
as 
currently 
authorized 
by 
law, 
$2,999,612,000, to remain available until September 30, 
2015: Provided, That such amounts of this appropriation 
as may be determined by the Secretary of Defense may 
be transferred to such appropriations of the Department 
of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with 
and to be available for the same purposes, and for the 
same time period, as the appropriation or fund to which 
transferred: Provided further, That of the amount appro-
priated, not to exceed $434,217,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense 
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determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropria-
tions of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That of the amount 
appropriated, notwithstanding any other provision of law, 
$31,863,000 shall be available for payments to the North 
Atlantic Treaty Organization for the planning, design, and 
construction of a new North Atlantic Treaty Organization 
headquarters. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army National Guard, and contribu-
tions therefor, as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $1,020,228,000, to remain available until Sep-
tember 30, 2015, of which $60,000,000 shall be for crit-
ical unfunded requirements: Provided, That of the amount 
appropriated, not to exceed $57,182,000 shall be available 
for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Director of the 
Army National Guard determines that additional obliga-
tions are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress 
of the determination and the reasons therefor: Provided 
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further, That, not later than 30 days after the date of the 
enactment of this Act, the Director of the Army National 
Guard shall submit to the Committees on Appropriations 
of both Houses of Congress an expenditure plan for the 
funds provided for critical unfunded requirements. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air National Guard, and contributions 
therefor, as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization 
Acts, $292,386,000, to remain available until September 
30, 2015, of which $50,000,000 shall be for critical un-
funded requirements: Provided, That of the amount appro-
priated, not to exceed $21,214,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Director of the Air 
National Guard determines that additional obligations are 
necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the de-
termination and the reasons therefor: Provided further, 
That, not later than 30 days after the date of the enact-
ment of this Act, the Director of the Air National Guard 
shall submit to the Committees on Appropriations of both 
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Houses of Congress an expenditure plan for the funds pro-
vided for critical unfunded requirements. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army Reserve as authorized by chapter 
1803 of title 10, United States Code, and Military Con-
struction Authorization Acts, $358,325,000, to remain 
available until September 30, 2015, of which $30,000,000 
shall be for critical unfunded requirements: Provided, 
That of the amount appropriated, not to exceed 
$26,250,000 shall be available for study, planning, design, 
and architect and engineer services, as authorized by law, 
unless the Secretary of the Army determines that addi-
tional obligations are necessary for such purposes and no-
tifies the Committees on Appropriations of both Houses 
of Congress of the determination and the reasons therefor: 
Provided further, That, not later than 30 days after the 
date of the enactment of this Act, the Chief of Army Re-
serve shall submit to the Committees on Appropriations 
of both Houses of Congress an expenditure plan for the 
funds provided for critical unfunded requirements. 
MILITARY CONSTRUCTION, NAVY RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
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ministration of the reserve components of the Navy and 
Marine Corps as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $91,557,000, to remain available until Sep-
tember 30, 2015, of which $15,000,000 shall be for crit-
ical unfunded requirements of the Navy Reserve and 
$15,000,000 shall be for critical unfunded requirements 
of the Marine Forces Reserve: Provided, That of the 
amount appropriated, not to exceed $1,857,000 shall be 
available for study, planning, design, and architect and en-
gineer services, as authorized by law, unless the Secretary 
of the Navy determines that additional obligations are nec-
essary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the deter-
mination and the reasons therefor: Provided further, That, 
not later than 30 days after the date of the enactment 
of this Act, the Chief of Navy Reserve and the Com-
mander, Marine Forces Reserve shall submit to the Com-
mittees on Appropriations of both Houses of Congress an 
expenditure plan for the funds provided for critical un-
funded requirements. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air Force Reserve as authorized by 
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chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $48,182,000, to remain 
available until September 30, 2015, of which $30,000,000 
shall be for critical unfunded requirements: Provided, 
That of the amount appropriated, not to exceed 
$2,503,000 shall be available for study, planning, design, 
and architect and engineer services, as authorized by law, 
unless the Secretary of the Air Force determines that ad-
ditional obligations are necessary for such purposes and 
notifies the Committees on Appropriations of both Houses 
of Congress of the determination and the reasons therefor: 
Provided further, That, not later than 30 days after the 
date of the enactment of this Act, the Chief of Air Force 
Reserve shall submit to the Committees on Appropriations 
of both Houses of Congress an expenditure plan for the 
funds provided for critical unfunded requirements. 
NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
For the United States share of the cost of the North 
Atlantic Treaty Organization Security Investment Pro-
gram for the acquisition and construction of military fa-
cilities and installations (including international military 
headquarters) and for related expenses for the collective 
defense of the North Atlantic Treaty Area as authorized 
by section 2806 of title 10, United States Code, and Mili-
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DEPARTMENT OF DEFENSE FAMILY HOUSING 
IMPROVEMENT FUND 
For the Department of Defense Family Housing Im-
provement Fund, $1,096,000, to remain available until ex-
pended, for family housing initiatives undertaken pursu-
ant to section 2883 of title 10, United States Code, pro-
viding alternative means of acquiring and improving mili-
tary family housing and supporting facilities. 
HOMEOWNERS ASSISTANCE FUND 
For the Homeowners Assistance Fund established by 
section 1013 of the Demonstration Cities and Metropoli-
tan Development Act of 1966, as amended (42 U.S.C. 
3374), $16,515,000, to remain available until expended. 
CHEMICAL DEMILITARIZATION CONSTRUCTION, 
DEFENSE-WIDE 
For expenses of construction, not otherwise provided 
for, necessary for the destruction of the United States 
stockpile of lethal chemical agents and munitions in ac-
cordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), and for the 
destruction of other chemical warfare materials that are 
not in the chemical weapon stockpile, as currently author-
ized by law, $124,971,000, to remain available until Sep-
tember 30, 2015, which shall be only for the Assembled 
Chemical Weapons Alternatives program. 
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DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
1990 
For deposit into the Department of Defense Base 
Closure Account 1990, established by section 2906(a)(1) 
of the Defense Base Closure and Realignment Act of 1990 
(10 U.S.C. 2687 note), $460,474,000, to remain available 
until expended. 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
2005 
For deposit into the Department of Defense Base 
Closure Account 2005, established by section 2906A(a)(1) 
of the Defense Base Closure and Realignment Act of 1990 
(10 U.S.C. 2687 note), $2,354,285,000, to remain avail-
able until expended: Provided, That the Department of 
Defense shall notify the Committees on Appropriations of 
both Houses of Congress 14 days prior to obligating an 
amount for a construction project that exceeds or reduces 
the amount identified for that project in the most recently 
submitted budget request for this account by 20 percent 
or $2,000,000, whichever is less: Provided further, That 
the previous proviso shall not apply to projects costing less 
than $5,000,000, except for those projects not previously 
identified in any budget submission for this account and 
exceeding the minor construction threshold under section 
2805 of title 10, United States Code. 
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ADMINISTRATIVE PROVISIONS 
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 
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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-
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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 
within the United States Central Command Area of Re-
sponsibility, 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 within the United States Central 
Command Area of Responsibility, may be used to award 
any contract estimated by the Government to exceed 
$1,000,000 to a foreign contractor: Provided, That this 
section shall not be applicable to contract awards for 
which the lowest responsive and responsible bid of a 
United States contractor exceeds the lowest responsive 
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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-
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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. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 118. 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 
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merged with, and to be available for the same purposes 
and the same time period as that account. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 119. Subject to 30 days prior notification, or 
14 days for a notification provided in an electronic me-
dium pursuant to sections 480 and 2883, of title 10, 
United States Code, to the Committees on Appropriations 
of both Houses of Congress, 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’’ ac-
counts, to be merged with and to be available for the same 
purposes and for the same period of time as amounts ap-
propriated directly to the Fund: Provided, That appropria-
tions made available to the Funds shall be available to 
cover the costs, as defined in section 502(5) of the Con-
gressional Budget Act of 1974, of direct loans or loan 
guarantees issued by the Department of Defense pursuant 
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to the provisions of subchapter IV of chapter 169 of title 
10, United States Code, pertaining to alternative means 
of acquiring and improving military family housing, mili-
tary unaccompanied housing, and supporting facilities. 
SEC. 120. (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 
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and likelihood, if any, of the liability of the Federal Gov-
ernment with respect to the guarantee. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 121. 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 incurred under 42 
U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 
merged with and be available for the same purposes and 
for the same time period as the fund to which transferred. 
SEC. 122. Notwithstanding any other provision 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, or 14 days for a notification provided in an electronic 
medium pursuant to sections 480 and 2883 of title 10, 
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United States Code, 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 remedi-
ation that could not be reasonably anticipated at the time 
of the budget submission: Provided further, That the 
Under Secretary of Defense (Comptroller) is to report an-
nually to the Committees on Appropriations of both 
Houses of Congress all operation and maintenance ex-
penditures for each individual general or flag officer quar-
ters for the prior fiscal year. 
SEC. 123. 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. 124. 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, 
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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 
continuing mission or function at that installation or a 
new mission or function that is planned for that installa-
tion, or unless the Secretary of Defense certifies that the 
cost to the United States of carrying out such project 
would be less than the cost to the United States of cancel-
ling such project, or if the project is at an active compo-
nent base that shall be established as an enclave or in the 
case of projects having multi-agency use, that another 
Government agency has indicated it will assume ownership 
of the completed project. The Secretary of Defense may 
not transfer funds made available as a result of this limi-
tation from any military construction project, land acquisi-
tion, or family housing project to another account or use 
such funds for another purpose or project without the 
prior approval of the Committees on Appropriations of 
both Houses of Congress. This section shall not apply to 
military construction projects, land acquisition, or family 
housing projects for which the project is vital to the na-
tional security or the protection of health, safety, or envi-
ronmental quality: Provided, That the Secretary of De-
fense shall notify the congressional defense committees 
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