282 
tion, fire station, or criminal justice facility that was dam-
aged by Hurricane Katrina of 2005 or Hurricane Rita of 
2005: Provided, That the President shall not reduce the 
amount of assistance provided under section 406(c)(1) of 
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5172(c)(1)) for such facilities: Pro-
vided further, That nothing in the previous proviso may 
be construed to alter the appeal or review process relating 
to assistance provided under section 406 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5172): Provided further, That the President shall not 
reduce the amount of assistance provided to a local govern-
ment under section 406(d) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5172(d)) more than once for each such type of facility for 
which that local government is receiving assistance under 
section 406 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act relating to Hurricane Katrina 
of 2005 or Hurricane Rita of 2005. 
SEC. 547. For grants to States pursuant to section 
204(a) of the REAL ID Act of 2005 (division B of Public 
Law 109–13), $50,000,000, to remain available until ex-
pended. In addition, for developing an information sharing 
and verification capability with States to support imple-
mentation of the REAL ID Act, $50,000,000, to remain
283 
available until expended: Provided, That none of the funds 
provided in this section for development of the information 
sharing and verification system shall be available to create 
any new system of records from the data accessible by such 
information technology system, or to create any means of 
access by Federal agencies to such information technology 
system other than to fulfill responsibilities pursuant to the 
REAL ID Act of 2005. 
SEC. 548. Notwithstanding any other provision of law, 
the Federal Emergency Management Agency shall reim-
burse Jones County and Harrison County in the State of 
Mississippi under section 407 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5173) for unreimbursed costs relating to the removal of de-
bris that were incurred by such counties as a result of Hur-
ricane Katrina in 2005. 
SEC. 549. From the unobligated balances of prior year 
appropriations made available for Transportation Security 
Administration, $31,000,000 are rescinded: Provided, That 
the Transportation Security Administration shall not re-
scind any unobligated balances from the following pro-
grams: screener partnership program; explosives detection 
systems; checkpoint support; aviation regulation and other 
enforcement; air cargo; and air cargo research and develop-
ment.
284 
SEC. 550. From the unobligated balances of prior year 
appropriations made available for ‘‘Analysis and Oper-
ations’’, $21,373,000 are rescinded. 
SEC. 551. From unobligated balances of prior year ap-
propriations made available for Coast Guard ‘‘Acquisition, 
Construction, and Improvements’’, $20,000,000 are re-
scinded: Provided, That no funds shall be rescinded from 
prior year appropriations provided for the National Secu-
rity Cutter or the Maritime Patrol Aircraft: Provided fur-
ther, That the Coast Guard shall submit notification in ac-
cordance with section 503 of this Act listing projects for 
which funding will be rescinded. 
SEC. 552. For fiscal year 2008, funds made available 
for Federal Emergency Management Agency ‘‘National 
Predisaster Mitigation Fund’’ shall be provided as detailed 
in the explanatory statement accompanying Public Law 
110–161. 
SEC. 553. Section 203(m) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5133(m)) is amended by striking ‘‘September 30, 2008’’ and 
inserting ‘‘September 30, 2009’’. 
This division may be cited as the ‘‘Department of 
Homeland Security Appropriations Act, 2009’’.
285 
DIVISION E—MILITARY CONSTRUCTION AND VET-
ERANS AFFAIRS AND RELATED AGENCIES 
APPROPRIATIONS ACT, 2009 
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, 2009, and for other purposes, namely: 
TITLE I 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
(INCLUDING RESCISSIONS OF FUNDS) 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military in-
stallations, 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, $4,692,648,000, to remain 
available until September 30, 2013: Provided, That of this 
amount, not to exceed $178,685,000 shall be available for 
study, planning, design, architect and engineer services, 
and host nation support, as authorized by law, unless the 
Secretary of Defense determines that additional obligations
286 
are necessary 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 
the amount appropriated in this paragraph shall be for the 
projects and activities, and in the amounts, specified under 
the heading ‘‘Military Construction, Army’’, and under the 
headings ‘‘Army’’ in the table entitled ‘‘Military Construc-
tion’’, in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated 
Act): Provided further, That of the funds appropriated for 
‘‘Military Construction, Army’’ under Public Law 110–5, 
$34,720,000 are hereby rescinded: Provided further, That 
of the funds appropriated for ‘‘Military Construction, 
Army’’ under Public Law 110–161, $16,600,000 are hereby 
rescinded. 
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, $3,333,369,000, to remain available until 
September 30, 2013: Provided, That of this amount, not to 
exceed $246,528,000 shall be available for study, planning,
287 
design, and architect and engineer services, as authorized 
by law, unless the Secretary of Defense determines that ad-
ditional 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: Pro-
vided further, That the amount appropriated in this para-
graph shall be for the projects and activities, and in the 
amounts, specified under the heading ‘‘Military Construc-
tion, Navy and Marine Corps’’, and under the headings 
‘‘Navy’’ in the table entitled ‘‘Military Construction’’, in 
the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act). 
MILITARY CONSTRUCTION, AIR FORCE 
(INCLUDING RESCISSION OF FUNDS) 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military in-
stallations, facilities, and real property for the Air Force 
as currently authorized by law, $1,117,746,000, to remain 
available until September 30, 2013: Provided, That of this 
amount, not to exceed $93,436,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense 
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
288 
the reasons therefor: Provided further, That the amount ap-
propriated in this paragraph shall be for the projects and 
activities, and in the amounts, specified under the heading 
‘‘Military Construction, Air Force’’, and under the headings 
‘‘Air Force’’ in the table entitled ‘‘Military Construction’’, 
in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act): Pro-
vided further, That of the funds appropriated for ‘‘Military 
Construction, Air Force’’ under Public Law 110–161, 
$20,821,000 are hereby rescinded. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER AND RESCISSION 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, 
$1,695,204,000, to remain available until September 30, 
2013: 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 De-
fense 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:
289 
Provided further, That of the amount appropriated, not to 
exceed $186,060,000 shall be available for study, planning, 
design, and architect and engineer services, as authorized 
by law, unless the Secretary of Defense determines that ad-
ditional 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: Pro-
vided further, That the amount appropriated in this para-
graph shall be for the projects and activities, and in the 
amounts, specified under the heading ‘‘Military Construc-
tion, Defense-Wide’’, and under the headings ‘‘Defense- 
Wide’’ in the table entitled ‘‘Military Construction’’, in the 
explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act): Provided fur-
ther, That of the funds appropriated for ‘‘Military Con-
struction, Defense-Wide’’ under Public Law 108–324, 
$3,589,000 are hereby rescinded: Provided further, That 
none of the funds appropriated under this heading may be 
obligated or expended for site activation or construction of 
a long-range missile defense system in a European country 
until the government of the country in which such missile 
defense system (including interceptors and associated ra-
dars) is proposed to be deployed has given final approval 
(including parliamentary ratification) to any missile de-
fense agreements negotiated between such government and
290 
the United States Government concerning the proposed de-
ployment of such components in such country. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
(INCLUDING RESCISSION OF FUNDS) 
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, $736,317,000, to remain available until Sep-
tember 30, 2013: Provided, That the amount appropriated 
in this paragraph shall be for the projects and activities, 
and in the amounts, specified under the heading ‘‘Military 
Construction, Army National Guard’’, and under the head-
ings ‘‘Army National Guard’’ in the table entitled ‘‘Mili-
tary Construction’’, in the explanatory statement described 
in section 4 (in the matter preceding division A of this con-
solidated Act): Provided further, That of the funds appro-
priated for ‘‘Military Construction, Army National Guard’’ 
under Public Law 110–161, $1,400,000 are hereby re-
scinded. 
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
291 
therefor, as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, 
$242,924,000, to remain available until September 30, 
2013: Provided, That the amount appropriated in this 
paragraph shall be for the projects and activities, and in 
the amounts, specified under the heading ‘‘Military Con-
struction, Air National Guard’’, and under the headings 
‘‘Air National Guard’’ in the table entitled ‘‘Military Con-
struction’’, in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consoli-
dated Act). 
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, $282,607,000, to remain 
available until September 30, 2013: Provided, That the 
amount appropriated in this paragraph shall be for the 
projects and activities, and in the amounts, specified under 
the heading ‘‘Military Construction, Army Reserve’’, and 
under the headings ‘‘Army Reserve’’ in the table entitled 
‘‘Military Construction’’, in the explanatory statement de-
scribed in section 4 (in the matter preceding division A of 
this consolidated Act).
292 
MILITARY CONSTRUCTION, NAVY RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the reserve components of the Navy and Ma-
rine Corps as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, 
$57,045,000, to remain available until September 30, 2013: 
Provided, That the amount appropriated in this paragraph 
shall be for the projects and activities, and in the amounts, 
specified under the heading ‘‘Military Construction, Navy 
Reserve’’, and under the headings ‘‘Navy Reserve’’ in the 
table entitled ‘‘Military Construction’’, in the explanatory 
statement described in section 4 (in the matter preceding 
division A of this consolidated Act). 
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 
chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $36,958,000, to remain 
available until September 30, 2013: Provided, That the 
amount appropriated in this paragraph shall be for the 
projects and activities, and in the amounts, specified under 
the heading ‘‘Military Construction, Air Force Reserve’’, 
and under the headings ‘‘Air Force Reserve’’ in the table
293 
entitled ‘‘Military Construction’’, in the explanatory state-
ment described in section 4 (in the matter preceding divi-
sion A of this consolidated Act). 
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 facili-
ties and installations (including international military 
headquarters) and for related expenses for the collective de-
fense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military 
Construction Authorization Acts, $230,867,000, to remain 
available until expended. 
FAMILY HOUSING CONSTRUCTION, ARMY 
For expenses of family housing for the Army for con-
struction, including acquisition, replacement, addition, ex-
pansion, extension, and alteration, as authorized by law, 
$646,580,000, to remain available until September 30, 
2013: Provided, That the amount appropriated in this 
paragraph shall be for the projects and activities, and in 
the amounts, specified under the heading ‘‘Family Housing 
Construction, Army’’, and under the heading ‘‘Family 
Housing Construction, Army’’ in the table entitled ‘‘Mili-
tary Construction’’, in the explanatory statement described
294 
in section 4 (in the matter preceding division A of this con-
solidated Act). 
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY 
For expenses of family housing for the Army for oper-
ation and maintenance, including debt payment, leasing, 
minor construction, principal and interest charges, and in-
surance premiums, as authorized by law, $716,110,000. 
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE 
CORPS 
For expenses of family housing for the Navy and Ma-
rine Corps for construction, including acquisition, replace-
ment, addition, expansion, extension, and alteration, as au-
thorized by law, $380,123,000, to remain available until 
September 30, 2013: Provided, That the amount appro-
priated in this paragraph shall be for the projects and ac-
tivities, and in the amounts, specified under the heading 
‘‘Family Housing Construction, Navy and Marine Corps’’, 
and under the heading ‘‘Family Housing Construction, 
Navy and Marine Corps’’ in the table entitled ‘‘Military 
Construction’’, in the explanatory statement described in 
section 4 (in the matter preceding division A of this consoli-
dated Act).
295 
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY 
AND MARINE CORPS 
For expenses of family housing for the Navy and Ma-
rine Corps for operation and maintenance, including debt 
payment, leasing, minor construction, principal and inter-
est charges, and insurance premiums, as authorized by law, 
$376,062,000. 
FAMILY HOUSING CONSTRUCTION, AIR FORCE 
For expenses of family housing for the Air Force for 
construction, including acquisition, replacement, addition, 
expansion, extension, and alteration, as authorized by law, 
$395,879,000, to remain available until September 30, 
2013: Provided, That the amount appropriated in this 
paragraph shall be for the projects and activities, and in 
the amounts, specified under the heading ‘‘Family Housing 
Construction, Air Force’’, and under the heading ‘‘Family 
Housing Construction, Air Force’’ in the table entitled 
‘‘Military Construction’’, in the explanatory statement de-
scribed in section 4 (in the matter preceding division A of 
this consolidated Act). 
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR 
FORCE 
For expenses of family housing for the Air Force for 
operation and maintenance, including debt payment, leas-
ing, minor construction, principal and interest charges,
296 
and 
insurance 
premiums, 
as 
authorized 
by 
law, 
$594,465,000. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
DEFENSE-WIDE 
For expenses of family housing for the activities and 
agencies of the Department of Defense (other than the mili-
tary departments) for operation and maintenance, leasing, 
and minor construction, as authorized by law, $49,231,000. 
DEPARTMENT OF DEFENSE FAMILY HOUSING 
IMPROVEMENT FUND 
For the Department of Defense Family Housing Im-
provement Fund, $850,000, to remain available until ex-
pended, for family housing initiatives undertaken pursuant 
to section 2883 of title 10, United States Code, providing 
alternative means of acquiring and improving military 
family housing and supporting facilities. 
HOMEOWNERS ASSISTANCE FUND 
For the Homeowners Assistance Fund established by 
section 1013 of the Demonstration Cities and Metropolitan 
Development Act of 1966, as amended (42 U.S.C. 3374), 
$4,500,000, 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 stock-
297 
pile of lethal chemical agents and munitions in accordance 
with section 1412 of the Department of Defense Authoriza-
tion Act, 1986 (50 U.S.C. 1521), and for the destruction 
of other chemical warfare materials that are not in the 
chemical weapon stockpile, as currently authorized by law, 
$144,278,000, to remain available until September 30, 
2013, which shall be only for the Assembled Chemical Weap-
ons Alternatives program: Provided, That the amount ap-
propriated in this paragraph shall be for the projects and 
activities, and in the amounts, specified under the heading 
‘‘Chemical Demilitarization Construction, Defense-Wide’’ 
in the table entitled ‘‘Military Construction’’ in the explan-
atory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act). 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 
For deposit into the Department of Defense Base Clo-
sure Account 1990, established by section 2906(a)(1) of the 
Defense Base Closure and Realignment Act of 1990 (10 
U.S.C. 2687 note), $458,377,000, to remain available until 
expended. 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 
For deposit into the Department of Defense Base Clo-
sure Account 2005, established by section 2906A(a)(1) of the 
Defense Base Closure and Realignment Act of 1990 (10 
U.S.C. 2687 note), $8,765,613,000, to remain available
298 
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 pro-
viso 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 10 U.S.C. 2805. 
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 ex-
ceed $25,000, to be performed within the United States, ex-
cept Alaska, without the specific approval in writing of the 
Secretary of Defense setting forth the reasons therefor. 
SEC. 102. Funds made available in this title for con-
struction shall be available for hire of passenger motor vehi-
cles. 
SEC. 103. Funds made available in this title for con-
struction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the con-
struction of access roads as authorized by section 210 of
299 
title 23, United States Code, when projects authorized there-
in are certified as important to the national defense 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 Engineer-
ing Command, except: (1) where there is a determination 
of value by a Federal court; (2) purchases negotiated by 
the Attorney General or the designee of the Attorney Gen-
eral; (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 relo-
300 
cate any activity from one base or installation to another, 
without prior notification to the Committees on Appropria-
tions 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 housing 
during the current fiscal year may be used to pay real prop-
erty 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 Appropria-
tions 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 Atlantic 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.
301 
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 responsive and respon-
sible bid of a foreign contractor by greater than 20 percent: 
Provided further, That this section shall not apply to con-
tract awards for military construction on Kwajalein Atoll 
for which the lowest responsive and responsible bid is sub-
mitted by a Marshallese contractor. 
SEC. 113. The Secretary of Defense is to inform the 
appropriate committees of both Houses of Congress, includ-
ing 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 dur-
ing the current fiscal year shall be obligated during the last 
two months of the fiscal year.
302 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 115. Funds appropriated to the Department of 
Defense for construction in prior years shall be available 
for construction authorized for each such military depart-
ment by the authorizations enacted into law during the cur-
rent 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, inspection, 
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 de-
fense 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 in-
creased pursuant to law.
303 
SEC. 118. (a) The Secretary of Defense, in consultation 
with the Secretary of State, shall submit to the Committees 
on Appropriations of both Houses of Congress, by February 
15 of each year, an annual report in unclassified and, if 
necessary, classified form, on actions taken by the Depart-
ment of Defense and the Department of State during the 
previous fiscal year to encourage host countries to assume 
a greater share of the common defense burden of such coun-
tries and the United States. 
(b) The report under subsection (a) shall include a de-
scription of— 
(1) attempts to secure cash and in-kind contribu-
tions from host countries for military construction 
projects; 
(2) attempts to achieve economic incentives of-
fered by host countries to encourage private invest-
ment for the benefit of the United States Armed 
Forces; 
(3) attempts to recover funds due to be paid to 
the United States by host countries for assets deeded 
or otherwise imparted to host countries upon the ces-
sation of United States operations at military instal-
lations;
304 
(4) the amount spent by host countries on de-
fense, in dollars and in terms of the percent of gross 
domestic product (GDP) of the host country; and 
(5) for host countries that are members of the 
North Atlantic Treaty Organization (NATO), the 
amount contributed to NATO by host countries, in 
dollars and in terms of the percent of the total NATO 
budget. 
(c) In this section, the term ‘‘host country’’ means 
other member countries of NATO, Japan, South Korea, and 
United States allies bordering the Arabian Sea. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 119. In addition to any other transfer authority 
available to the Department of Defense, proceeds deposited 
to the Department of Defense Base Closure Account estab-
lished by section 207(a)(1) of the Defense Authorization 
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. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 120. Subject to 30 days prior notification, or 14 
days for a notification provided in an electronic medium
305 
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 de-
termined by the Secretary of Defense may be transferred 
to: (1) the Department of Defense Family Housing Im-
provement Fund from amounts appropriated for construc-
tion in ‘‘Family Housing’’ accounts, to be merged with and 
to be available for the same purposes and for the same pe-
riod 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 pe-
riod 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 Department of De-
fense pursuant to the provisions of subchapter IV of chapter 
169 of title 10, United States Code, pertaining to alter-
native means of acquiring and improving military family 
housing, military unaccompanied housing, and supporting 
facilities.
306 
SEC. 121. (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 Ap-
propriations of both Houses of Congress the notice described 
in subsection (b). 
(b)(1) A notice referred to in subsection (a) is a notice 
of any guarantee (including the making of mortgage or 
rental payments) proposed to be made by the Secretary to 
the private party under the contract involved in the event 
of— 
(A) the closure or realignment of the installation 
for which housing is provided under the contract; 
(B) a reduction in force of units stationed at 
such installation; or 
(C) the extended deployment overseas of units 
stationed at such installation. 
(2) Each notice under this subsection shall specify the 
nature of the guarantee involved and assess the extent and 
likelihood, if any, of the liability of the Federal Government 
with respect to the guarantee. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 122. 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