H. R. 2638—115 
and Infrastructure of the House of Representatives, the Committees 
on Appropriations of the Senate and the House of Representatives, 
and publish on the website of the Federal Emergency Management 
Agency, a report regarding that decision, which shall summarize 
damage assessment information used to determine whether to 
declare a major disaster. 
(b) The Administrator may redact from a report under sub-
section (a) any data that the Administrator determines would com-
promise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Administrator of 
the Federal Emergency Management Agency; and 
(2) the term ‘‘major disaster’’ has the meaning given that 
term in section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122). 
SEC. 540. Notwithstanding any other provision of law, should 
the Secretary of Homeland Security determine that the National 
Bio and Agro-defense Facility be located at a site other than Plum 
Island, New York, the Secretary shall liquidate the Plum Island 
asset by directing the Administrator of General Services to sell 
through public sale all real and related personal property and 
transportation assets which support Plum Island operations, subject 
to such terms and conditions as necessary to protect government 
interests and meet program requirements: Provided, That the gross 
proceeds of such sale shall be deposited as offsetting collections 
into the Department of Homeland Security Science and Technology 
‘‘Research, Development, Acquisition, and Operations’’ account and, 
subject to appropriation, shall be available until expended, for site 
acquisition, construction, and costs related to the construction of 
the National Bio and Agro-defense Facility, including the costs 
associated with the sale, including due diligence requirements, nec-
essary environmental remediation at Plum Island, and reimburse-
ment of expenses incurred by the General Services Administration 
which shall not exceed 1 percent of the sale price: Provided further, 
That after the completion of construction and environmental remedi-
ation, the unexpended balances of funds appropriated for costs 
in the preceding proviso shall be available for transfer to the appro-
priate account for design and construction of a consolidated Depart-
ment of Homeland Security Headquarters project, excluding daily 
operations and maintenance costs, notwithstanding section 503 of 
this Act, and the Committees on Appropriations of the Senate 
and the House of Representatives shall be notified 15 days prior 
to such transfer. 
SEC. 541. Any official that is required by this Act to report 
or certify to the Committees on Appropriations of the Senate and 
the House of Representatives may not delegate such authority 
to perform that act unless specifically authorized herein. 
SEC. 542. The Secretary of Homeland Security, in consultation 
with the Secretary of the Treasury, shall notify the Committees 
on Appropriations of the Senate and the House of Representatives 
of any proposed transfers of funds available under 31 U.S.C. 
9703.2(g)(4)(B) from the Department of the Treasury Forfeiture 
Fund to any agency within the Department of Homeland Security: 
Provided, That none of the funds identified for such a transfer 
may be obligated until the Committees on Appropriations of the 
Senate and the House of Representatives approve the proposed 
transfers.
H. R. 2638—116 
SEC. 543. Section 520 of Public Law 108–90 (6 U.S.C. 469) 
is amended— 
(1) by inserting ‘‘(a) FEES.—’’ before ‘‘For fiscal year 2004 
and thereafter’’; and 
(2) by adding at the end the following: 
‘‘(b) RECURRENT TRAINING OF ALIENS IN OPERATION OF AIR-
CRAFT.— 
‘‘(1) PROCESS FOR REVIEWING THREAT ASSESSMENTS.—Not-
withstanding section 44939(e) of title 49, United States Code, 
the Secretary shall establish a process to ensure that an alien 
(as defined in section 101(a)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(3)) applying for recurrent training 
in the operation of any aircraft is properly identified and has 
not, since the time of any prior threat assessment conducted 
pursuant to section 44939(a) of such title, become a risk to 
aviation or national security. 
‘‘(2) INTERRUPTION OF TRAINING.—If the Secretary deter-
mines, in carrying out the process established under paragraph 
(1), that an alien is a present risk to aviation or national 
security, the Secretary shall immediately notify the person 
providing the training of the determination and that person 
shall not provide the training or if such training has commenced 
that person shall immediately terminate the training. 
‘‘(3) FEES.—The Secretary may charge reasonable fees 
under subsection (a) for providing credentialing and background 
investigations for aliens in connection with the process for 
recurrent training established under paragraph (1). Such fees 
shall be promulgated by notice in the Federal Register.’’. 
SEC. 544. (a) Not later than six months from the date of 
enactment of this Act, the Secretary of Homeland Security shall 
consult with the Secretaries of Defense and Transportation and 
develop a concept of operations for unmanned aerial systems in 
the United States national airspace system for the purposes of 
border and maritime security operations. 
(b) The Secretary of Homeland Security shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than 30 days after the date of enactment 
of this Act on any foreseeable challenges to complying with sub-
section (a). 
SEC. 545. If the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that an air-
port does not need to participate in the basic pilot program, the 
Assistant Secretary shall certify to the Committees on Appropria-
tions of the Senate and the House of Representatives that no 
security risks will result by such non-participation. 
SEC. 546. Notwithstanding any other provision of law, and 
not later than 30 days after the date of submission of a request 
for a single payment, the President shall provide a single payment 
for any eligible costs under section 406 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) 
for any police station, fire station, or criminal justice facility that 
was damaged 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 Assistance Act (42 U.S.C. 
5172(c)(1)) for such facilities: Provided further, That nothing in 
the previous proviso may be construed to alter the appeal or review
H. R. 2638—117 
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 government 
under section 406(d) of the Robert T. Stafford Disaster 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 expended. In addition, for 
developing an information sharing and verification capability with 
States to support implementation of the REAL ID Act, $50,000,000, 
to remain 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 reimburse Jones 
County and Harrison County in the State of Mississippi under 
section 407 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5173) for unreimbursed costs relating 
to the removal of debris that were incurred by such counties as 
a result of Hurricane Katrina in 2005. 
SEC. 549. From the unobligated balances of prior year appro-
priations made available for Transportation Security Administra-
tion, $31,000,000 are rescinded: Provided, That the Transportation 
Security Administration shall not rescind any unobligated balances 
from the following programs: screener partnership program; explo-
sives detection systems; checkpoint support; aviation regulation 
and other enforcement; air cargo; and air cargo research and 
development. 
SEC. 550. From the unobligated balances of prior year appro-
priations made available for ‘‘Analysis and Operations’’, $21,373,000 
are rescinded. 
SEC. 551. From unobligated balances of prior year appropria-
tions made available for Coast Guard ‘‘Acquisition, Construction, 
and Improvements’’, $20,000,000 are rescinded: Provided, That no 
funds shall be rescinded from prior year appropriations provided 
for the National Security Cutter or the Maritime Patrol Aircraft: 
Provided further, That the Coast Guard shall submit notification 
in accordance 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 ‘‘Sep-
tember 30, 2009’’.
H. R. 2638—118 
This division may be cited as the ‘‘Department of Homeland 
Security Appropriations Act, 2009’’. 
DIVISION E—MILITARY CONSTRUCTION AND VETERANS 
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 equipment of 
temporary or permanent public works, military installations, facili-
ties, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, 
and for construction and operation of facilities in support of the 
functions 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 are necessary for such purposes and 
notifies the Committees on Appropriations of both Houses of Con-
gress of the determination and the reasons therefor: Provided fur-
ther, 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 Construction’’, in the explana-
tory 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 equipment of 
temporary or permanent public works, naval installations, 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 avail-
able until September 30, 2013: Provided, That of this amount, 
not to exceed $246,528,000 shall be available for study, planning, 
design, and architect and engineer services, as authorized by law,
H. R. 2638—119 
unless the Secretary of Defense 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 further, That the amount appro-
priated in this paragraph 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 equipment of 
temporary or permanent public works, military installations, facili-
ties, 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 services, as authorized by law, unless the Secretary of 
Defense determines 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: 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, 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): Provided 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 equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of 
Defense (other than the military departments), as currently author-
ized 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 Defense available for 
military construction or family housing as the Secretary may des-
ignate, 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 $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 additional 
obligations are necessary for such purposes and notifies the Commit-
tees on Appropriations of both Houses of Congress of the determina-
tion and the reasons therefor: Provided further, That the amount
H. R. 2638—120 
appropriated in this paragraph shall be for the projects and activi-
ties, and in the amounts, specified under the heading ‘‘Military 
Construction, Defense-Wide’’, and under the headings ‘‘Defense- 
Wide’’ in the table entitled ‘‘Military Construction’’, in the explana-
tory 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, 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 radars) is proposed to be 
deployed has given final approval (including parliamentary ratifica-
tion) to any missile defense agreements negotiated between such 
government and the United States Government concerning the pro-
posed deployment of such components in such country. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
(INCLUDING RESCISSION OF FUNDS) 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized 
by chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $736,317,000, 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 National Guard’’, and under the headings ‘‘Army National 
Guard’’ in the table entitled ‘‘Military Construction’’, in the explana-
tory 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 National 
Guard’’ under Public Law 110–161, $1,400,000 are hereby rescinded. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Air National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construc-
tion 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 Construction, 
Air National Guard’’, and under the headings ‘‘Air National Guard’’ 
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, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts,
H. R. 2638—121 
$282,607,000, to remain available until September 30, 2013: Pro-
vided, 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 Construc-
tion’’, in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act). 
MILITARY CONSTRUCTION, NAVY RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine 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, rehabilitation, and 
conversion of facilities for the training and administration 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: Pro-
vided, 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 entitled ‘‘Military 
Construction’’, in the explanatory statement described in section 
4 (in the matter preceding division 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 Program for the acquisi-
tion and construction of military facilities 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 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 construction, 
including acquisition, replacement, addition, expansion, extension, 
and alteration, as authorized by law, $646,580,000, to remain avail-
able until September 30, 2013: Provided, That the amount appro-
priated in this paragraph shall be for the projects and activities, 
and in the amounts, specified under the heading ‘‘Family Housing
H. R. 2638—122 
Construction, Army’’, and under the heading ‘‘Family Housing 
Construction, Army’’ in the table entitled ‘‘Military Construction’’, 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act). 
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY 
For expenses of family housing for the Army for operation 
and maintenance, including debt payment, leasing, minor construc-
tion, principal and interest charges, and insurance premiums, as 
authorized by law, $716,110,000. 
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS 
For expenses of family housing for the Navy and Marine Corps 
for construction, including acquisition, replacement, addition, 
expansion, extension, and alteration, as authorized by law, 
$380,123,000, to remain available until September 30, 2013: Pro-
vided, 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, 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 consolidated Act). 
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND 
MARINE CORPS 
For expenses of family housing for the Navy and Marine Corps 
for operation and maintenance, including debt payment, leasing, 
minor construction, principal and interest 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 construc-
tion, including acquisition, replacement, addition, expansion, exten-
sion, 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 activi-
ties, 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 described 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, leasing, minor construc-
tion, principal and interest charges, 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 military departments)
H. R. 2638—123 
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 Improvement 
Fund, $850,000, to remain available until expended, 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, nec-
essary for the destruction of the United States stockpile of lethal 
chemical agents and munitions in accordance 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, $144,278,000, to remain available until September 
30, 2013, which shall be only for the Assembled Chemical Weapons 
Alternatives program: Provided, That the amount appropriated in 
this paragraph shall be for the projects and activities, and in 
the amounts, specified under the heading ‘‘Chemical Demilitariza-
tion Construction, 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). 
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), 
$458,377,000, 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), 
$8,765,613,000, to remain available until expended: Provided, That 
the Department of Defense shall notify the Committees on Appro-
priations 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, which-
ever 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 
10 U.S.C. 2805.
H. R. 2638—124 
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 per-
formed within the United States, except 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 construction 
shall be available for hire of passenger motor vehicles. 
SEC. 103. Funds made available in this title for construction 
may be used for advances to the Federal Highway Administration, 
Department of Transportation, for the construction of access roads 
as authorized by section 210 of title 23, United States Code, when 
projects authorized therein 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 Engineering 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 
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 appropria-
tions for military construction. 
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 another, without prior notification 
to the Committees on Appropriations 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 construction project 
or activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for 
such steel procurement. 
SEC. 109. None of the funds available to the Department of 
Defense for military construction or family housing 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 notifica-
tion to the Committees on Appropriations of both Houses of Con-
gress. 
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.