H. R. 4200—285
(2) as authorized by regulations issued under this title;
or
(3) as otherwise authorized by law.
(b) POSSESSION OF SUNKEN MILITARY CRAFT.—No person may
possess, disturb, remove, or injure any sunken military craft in
violation of—
(1) this section; or
(2) any prohibition, rule, regulation, ordinance, or permit
that applies under any other applicable law.
(c) LIMITATIONS ON APPLICATION.—
(1) ACTIONS
BY
UNITED
STATES.—This section shall not
apply to actions taken by, or at the direction of, the United
States.
(2) FOREIGN PERSONS.—This section shall not apply to any
action by a person who is not a citizen, national, or resident
alien of the United States, except in accordance with—
(A) generally recognized principles of international law;
(B) an agreement between the United States and the
foreign country of which the person is a citizen; or
(C) in the case of an individual who is a crew member
or other individual on a foreign vessel or foreign aircraft,
an agreement between the United States and the flag
State of the foreign vessel or aircraft that applies to the
individual.
(3) LOAN OF SUNKEN MILITARY CRAFT.—This section does
not prohibit the loan of United States sunken military craft
in accordance with regulations issued by the Secretary con-
cerned.
SEC. 1403. PERMITS.
(a) IN GENERAL.—The Secretary concerned may issue a permit
authorizing a person to engage in an activity otherwise prohibited
by section 1402 with respect to a United States sunken military
craft, for archaeological, historical, or educational purposes, in
accordance with regulations issued by such Secretary that imple-
ment this section.
(b) CONSISTENCY WITH OTHER LAWS.—The Secretary concerned
shall require that any activity carried out under a permit issued
by such Secretary under this section must be consistent with all
requirements and restrictions that apply under any other provision
of Federal law.
(c) CONSULTATION.—In carrying out this section (including the
issuance after the date of the enactment of this Act of regulations
implementing this section), the Secretary concerned shall consult
with the head of each Federal agency having authority under Fed-
eral law with respect to activities directed at sunken military craft
or the locations of such craft.
(d) APPLICATION TO FOREIGN CRAFT.—At the request of any
foreign State, the Secretary of the Navy, in consultation with the
Secretary of State, may carry out this section (including regulations
promulgated pursuant to this section) with respect to any foreign
sunken military craft of that foreign State located in United States
waters.
SEC. 1404. PENALTIES.
(a) IN GENERAL.—Any person who violates this title, or any
regulation or permit issued under this title, shall be liable to
the United States for a civil penalty under this section.
H. R. 4200—286
(b) ASSESSMENT AND AMOUNT.—The Secretary concerned may
assess a civil penalty under this section, after notice and an oppor-
tunity for a hearing, of not more than $100,000 for each violation.
(c) CONTINUING VIOLATIONS.—Each day of a continued violation
of this title or a regulation or permit issued under this title shall
constitute a separate violation for purposes of this section.
(d) IN REM LIABILITY.—A vessel used to violate this title shall
be liable in rem for a penalty under this section for such violation.
(e) OTHER RELIEF.—If the Secretary concerned determines that
there is an imminent risk of disturbance of, removal of, or injury
to any sunken military craft, or that there has been actual disturb-
ance of, removal of, or injury to a sunken military craft, the Attorney
General, upon request of the Secretary concerned, may seek such
relief as may be necessary to abate such risk or actual disturbance,
removal, or injury and to return or restore the sunken military
craft. The district courts of the United States shall have jurisdiction
in such a case to order such relief as the public interest and
the equities of the case may require.
(f) LIMITATIONS.—An action to enforce a violation of section
1402 or any regulation or permit issued under this title may not
be brought more than 8 years after the date on which—
(1) all facts material to the right of action are known
or should have been known by the Secretary concerned; and
(2) the defendant is subject to the jurisdiction of the appro-
priate district court of the United States or administrative
forum.
SEC. 1405. LIABILITY FOR DAMAGES.
(a) IN GENERAL.—Any person who engages in an activity in
violation of section 1402 or any regulation or permit issued under
this title that disturbs, removes, or injures any United States
sunken military craft shall pay the United States enforcement
costs and damages resulting from such disturbance, removal, or
injury.
(b) INCLUDED DAMAGES.—Damages referred to in subsection
(a) may include—
(1) the reasonable costs incurred in storage, restoration,
care, maintenance, conservation, and curation of any sunken
military craft that is disturbed, removed, or injured in violation
of section 1402 or any regulation or permit issued under this
title; and
(2) the cost of retrieving, from the site where the sunken
military craft was disturbed, removed, or injured, any informa-
tion of an archaeological, historical, or cultural nature.
SEC. 1406. RELATIONSHIP TO OTHER LAWS.
(a) IN GENERAL.—Except to the extent that an activity is under-
taken as a subterfuge for activities prohibited by this title, nothing
in this title is intended to affect—
(1) any activity that is not directed at a sunken military
craft; or
(2) the traditional high seas freedoms of navigation,
including—
(A) the laying of submarine cables and pipelines;
(B) operation of vessels;
(C) fishing; or
(D) other internationally lawful uses of the sea related
to such freedoms.
H. R. 4200—287
(b) INTERNATIONAL LAW.—This title and any regulations imple-
menting this title shall be applied in accordance with generally
recognized principles of international law and in accordance with
the treaties, conventions, and other agreements to which the United
States is a party.
(c) LAW OF FINDS.—The law of finds shall not apply to—
(1) any United States sunken military craft, wherever
located; or
(2) any foreign sunken military craft located in United
States waters.
(d) LAW OF SALVAGE.—No salvage rights or awards shall be
granted with respect to—
(1) any United States sunken military craft without the
express permission of the United States; or
(2) any foreign sunken military craft located in United
States waters without the express permission of the relevant
foreign state.
(e) LAW OF CAPTURE OR PRIZE.—Nothing in this title is intended
to alter the international law of capture or prize with respect
to sunken military craft.
(f) LIMITATION OF LIABILITY.—Nothing in sections 4281 through
4287 and 4289 of the Revised Statutes (46 U.S.C. App. 181 et
seq.) or section 3 of the Act of February 13, 1893 (chapter 105;
27 Stat. 445; 46 U.S.C. App. 192), shall limit the liability of any
person under this section.
(g) AUTHORITIES OF THE COMMANDANT OF THE COAST GUARD.—
Nothing in this title is intended to preclude or limit the application
of any other law enforcement authorities of the Commandant of
the Coast Guard.
(h) PRIOR DELEGATIONS, AUTHORIZATIONS, AND RELATED REGU-
LATIONS.—Nothing in this title shall invalidate any prior delegation,
authorization, or related regulation that is consistent with this
title.
(i) CRIMINAL LAW.—Nothing in this title is intended to prevent
the United States from pursuing criminal sanctions for plundering
of wrecks, larceny of Government property, or violation of any
applicable criminal law.
SEC. 1407. ENCOURAGEMENT OF AGREEMENTS WITH FOREIGN COUN-
TRIES.
The Secretary of State, in consultation with the Secretary of
Defense, is encouraged to negotiate and conclude bilateral and
multilateral agreements with foreign countries with regard to
sunken military craft consistent with this title.
SEC. 1408. DEFINITIONS.
In this title:
(1) ASSOCIATED CONTENTS.—The term ‘‘associated contents’’
means—
(A) the equipment, cargo, and contents of a sunken
military craft that are within its debris field; and
(B) the remains and personal effects of the crew and
passengers of a sunken military craft that are within its
debris field.
(2) SECRETARY
CONCERNED.—The term ‘‘Secretary con-
cerned’’ means—
(A) subject to subparagraph (B), the Secretary of a
military department; and
H. R. 4200—288
(B) in the case of a Coast Guard vessel, the Secretary
of the Department in which the Coast Guard is operating.
(3) SUNKEN MILITARY CRAFT.—The term ‘‘sunken military
craft’’ means all or any portion of—
(A) any sunken warship, naval auxiliary, or other
vessel that was owned or operated by a government on
military noncommercial service when it sank;
(B) any sunken military aircraft or military spacecraft
that was owned or operated by a government when it
sank; and
(C) the associated contents of a craft referred to in
subparagraph (A) or (B),
if title thereto has not been abandoned or transferred by the
government concerned.
(4) UNITED STATES CONTIGUOUS ZONE.—The term ‘‘United
States contiguous zone’’ means the contiguous zone of the
United States under Presidential Proclamation 7219, dated Sep-
tember 2, 1999.
(5) UNITED STATES INTERNAL WATERS.—The term ‘‘United
States internal waters’’ means all waters of the United States
on the landward side of the baseline from which the breadth
of the United States territorial sea is measured.
(6) UNITED STATES TERRITORIAL SEA.—The term ‘‘United
States territorial sea’’ means the waters of the United States
territorial sea under Presidential Proclamation 5928, dated
December 27, 1988.
(7) UNITED
STATES
WATERS.—The term ‘‘United States
waters’’ means United States internal waters, the United States
territorial sea, and the United States contiguous zone.
TITLE 
XV—AUTHORIZATION 
FOR 
IN-
CREASED COSTS DUE TO OPERATION
IRAQI FREEDOM AND OPERATION EN-
DURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Defense-wide activities procurement.
Sec. 1505. Operation and maintenance.
Sec. 1506. Defense working capital funds.
Sec. 1507. Iraq Freedom Fund.
Sec. 1508. Defense health program.
Sec. 1509. Military personnel.
Sec. 1510. Treatment as additional authorizations.
Sec. 1511. Transfer authority.
SEC. 1501. PURPOSE.
The purpose of this title is to authorize emergency appropria-
tions for the Department of Defense for fiscal year 2005 to provide
funds for additional costs due to Operation Iraqi Freedom and
Operation Enduring Freedom. Funds in this title are available
upon the enactment of this Act.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2005 for procurement accounts of the Army in amounts as follows:
H. R. 4200—289
(1) For weapons and tracked combat vehicles, $50,000,000.
(2) For ammunition, $110,000,000.
(3) For other procurement, $755,000,000.
(4) 
For 
National 
Guard 
and 
Reserve 
equipment,
$50,000,000.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2005 for the procurement account for the
Marine Corps in the amount of $150,000,000.
(b) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for fiscal year 2005 for the procure-
ment account for ammunition for the Navy and the Marine Corps
in the amount of $30,000,000.
SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2005 for the procurement account for Defense-wide procurement
in the amount of $50,000,000.
SEC. 1505. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year
2005 for the use of the Armed Forces for expenses, not otherwise
provided for, operation and maintenance, in amounts as follows:
(1) For the Army, $13,550,000,000.
(2) For the Navy, $367,000,000.
(3) For the Marine Corps, $1,665,000,000.
(4) For the Air Force, $419,000,000.
(5) For Defense-wide, $404,000,000.
SEC. 1506. DEFENSE WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
2005 for Defense Working Capital Program in the amount of
$1,478,000,000.
SEC. 1507. IRAQ FREEDOM FUND.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal year 2005 for the account of the Iraq Freedom
Fund in amount of $3,892,000,000, to remain available for transfer
to other accounts in this title until September 30, 2006. Amounts
of authorization so transferred shall be merged with and be made
available for the same purposes as the authorization to which
transferred. Of the amounts provided in this section $1,800,000,000
shall only be used for classified programs.
(b) NOTICE TO CONGRESS.—A transfer may be made from the
Iraq Freedom Fund only after the Secretary of Defense notifies
the congressional defense committees with respect to the proposed
transfer in writing not less than five days before the transfer
is made.
SEC. 1508. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2005 for expenses, not otherwise
provided for, the Defense Health Program, in the amount of
$780,000,000, for Operation and Maintenance.
H. R. 4200—291
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2004 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 2003 project.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
State
Installation or Location
Amount
Alabama ........................
Anniston Army Depot ........................
$23,690,000
Fort Rucker ........................................
$16,000,000
Alaska ............................
Fort Richardson .................................
$24,300,000
Fort Wainwright ................................
$92,459,000
Arizona ..........................
Fort Huachuca ...................................
$18,000,000
California ......................
Fort Irwin ...........................................
$38,100,000
Sierra Army Depot ............................
$12,600,000
Colorado ........................
Fort Carson ........................................
$59,508,000
Florida ...........................
Camp Rudder .....................................
$1,850,000
Georgia ..........................
Fort Benning ......................................
$71,777,000
Fort Gillem .........................................
$5,800,000
Fort McPherson .................................
$4,900,000
Fort Stewart/Hunter Army Air Field
$65,495,000
Hawaii ...........................
Helemano Military Reservation .......
$75,300,000
Hickam Air Force Base .....................
$11,200,000
Schofield Barracks .............................
$249,792,000
Kansas ...........................
Fort Riley ...........................................
$59,550,000
Kentucky .......................
Fort Campbell ....................................
$89,600,000
Fort Knox ...........................................
$75,750,000
Louisiana .......................
Fort Polk ............................................
$70,953,000
Maryland .......................
Aberdeen Proving Ground ................
$13,000,000
Fort Detrick .......................................
$4,000,000
Missouri .........................
Fort Leonard Wood ............................
$31,850,000
New Jersey ....................
Picatinny Arsenal ..............................
$9,900,000
New Mexico ...................
White Sands Missile Range ..............
$33,000,000
New York ......................
Fort Drum ..........................................
$13,650,000
Fort Hamilton ....................................
$7,600,000
Hancock Field ....................................
$6,000,000
Military Entrance Processing Sta-
tion, Buffalo ....................................
$6,200,000
United States Military Academy,
West Point ......................................
$60,000,000
North Carolina ..............
Fort Bragg ..........................................
$111,687,000
Oklahoma ......................
Fort Sill ..............................................
$17,800,000
Pennsylvania .................
Letterkenny Depot .............................
$5,400,000
Texas .............................
Fort Bliss ............................................
$19,400,000
Fort Hood ...........................................
$85,188,000
Fort Sam Houston .............................
$11,400,000
Virginia .........................
Fort A.P. Hill .....................................
$10,775,000
Fort Lee ..............................................
$4,250,000
Fort Myer ...........................................
$49,526,000
Washington ...................
Fort Lewis ..........................................
$56,200,000
Total ............................................
$1,623,450,000
H. R. 4200—292
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
Country
Installation or Location
Amount
Germany ..........................
Grafenwoehr ........................................
$77,200,000
Italy .................................
Livorno .................................................
$26,000,000
Korea ...............................
Camp Humphreys ...............................
$12,000,000
Total ..............................................
$115,200,000
SEC. 2102. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, for the purposes, and
in the amounts set forth in the following table:
Army: Family Housing
State
Installation or Loca-
tion
Purpose
Amount
Alaska ................
Fort Richardson ...............
92 Units .............
$42,000,000
Fort Wainwright ..............
246 Units ...........
$124,000,000
Arizona ...............
Fort Huachuca .................
205 Units ...........
$41,000,000
Yuma Proving Ground ....
55 Units .............
$14,900,000
Kansas ................
Fort Riley .........................
126 Units ...........
$33,000,000
New Mexico ........
White Sands Missile
Range ............................
156 Units ...........
$31,000,000
Oklahoma ...........
Fort Sill ............................
247 Units ...........
$47,000,000
Virginia ..............
Fort Lee ............................
218 Units ...........
$46,000,000
Fort Monroe .....................
68 Units .............
$16,000,000
Total ..........................
.............................
$394,900,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units
in an amount not to exceed $29,209,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(5)(A), the Secretary of the Army may
improve existing military family housing units in an amount not
to exceed $211,990,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2004, for military construction, land acquisition, and
H. R. 4200—293
military family housing functions of the Department of the Army
in the total amount of $3,537,141,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,453,950,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $115,200,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,000,000.
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$151,335,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $636,099,000.
(B) For support of military family housing (including
the functions described in section 2833 of title 10, United
States Code), $926,507,000.
(6) For the construction of phase 2 of a barracks complex,
5th & 16th Street, at Fort Stewart/Hunter Army Air Field,
Georgia, authorized by section 2101(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2004 (division B of Public
Law 108–136; 117 Stat. 1697), $32,950,000.
(7) For the construction of phase 3 of a barracks complex
renewal, Capron Road, at Schofield Barracks, Hawaii, author-
ized by section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2002 (division B of Public Law 107–
107; 115 Stat. 1283), as amended by section 2105 of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108–136; 117 Stat. 1697), $48,000,000.
(8) For the construction of phase 2 of the Lewis & Clark
instructional facility at Fort Leavenworth, Kansas, authorized
by section 2101(a) of the Military Construction Authorization
Act for Fiscal Year 2003 (division B of Public Law 107–314;
116 Stat. 2681), $44,000,000.
(9) For the construction of phase 2 of a barracks complex
at Wheeler Sack Army Air Field at Fort Drum, New York,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108–136; 117 Stat. 1697), $48,000,000.
(10) For the construction of phase 2 of a barracks complex,
Bastogne Drive, Fort Bragg, North Carolina, authorized by
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108–136; 117
Stat. 1697), $48,000,000.
(11) For the construction of phase 3 of a maintenance
complex at Fort Sill, Oklahoma, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107–314; 116 Stat. 2681),
$13,100,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2101 of this Act may not exceed the sum of the following:
H. R. 4200—294
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $41,000,000 (the balance of the amount authorized
under section 2101(a) to upgrade Drum Road, Helemano Mili-
tary Reservation, Hawaii).
(3) $25,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a vehicle maintenance
facility, Schofield Barracks, Hawaii).
(4) $25,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a barracks complex,
Fort Campbell, Kentucky).
(5) $22,000,000 (the balance of the amount authorized
under section 2101(a) for construction of trainee barracks, Basic
Training Complex 1, Fort Knox, Kentucky).
(6) $25,500,000 (the balance of the amount authorized
under section 2101(a) for construction of a library and learning
facility, United States Military Academy, West Point, New
York).
(7) $31,000,000 (the balance of the amount authorized
under section 2101(a) for a barracks complex renewal project,
Fort Bragg, North Carolina).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (11) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $5,550,000, which represents prior year
savings.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2004 PROJECTS.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECTS.—
The table in section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2004 (division B of Public Law 108–136;
117 Stat. 1697) is amended—
(1) in the item relating to Fort Stewart/Hunter Army Air
Field, Georgia, by striking ‘‘$113,500,000’’ in the amount column
and inserting ‘‘$114,450,000’’;
(2) in the item relating to Fort Drum, New York, by striking
‘‘$130,700,000’’ 
in 
the 
amount 
column 
and 
inserting
‘‘$135,700,000’’; and
(3) by striking the amount identified as the total in the
amount column and inserting ‘‘$1,043,150,000’’.
(b) CONFORMING AMENDMENTS.—Section 2104(b) of that Act
(117 Stat. 1700) is amended—
(1) in paragraph (2), by striking ‘‘$32,000,000’’ and inserting
‘‘$32,950,000’’; and
(2) in paragraph (4), by striking ‘‘$43,000,000’’ and inserting
‘‘$48,000,000’’.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2003 PROJECT.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.—
The table in section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2003 (division B of Public Law 107–314;
116 Stat. 2681), as amended by section 2105(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108–136; 117 Stat. 1700), is further amended—
H. R. 4200—295
(1) in the item relating to Fort Sill, Oklahoma, by striking
‘‘$39,652,000’’ 
in 
the 
amount 
column 
and 
inserting
‘‘$40,752,000’’; and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$1,157,267,000’’.
(b) CONFORMING AMENDMENT.—Section 2104(b)(6) of the Mili-
tary Construction Authorization Act for Fiscal Year 2003 (division
B of Public Law 107–314; 116 Stat. 2684) is amended by striking
‘‘$25,000,000’’ and inserting ‘‘$26,100,000’’.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
State
Installation or Location
Amount
Arizona ............................
Marine Corps Air Station, Yuma .......
$26,670,000
California .........................
Marine Corps Air-Ground Task Force
Training 
Center, 
Twentynine
Palms ................................................
$15,700,000
Marine Corps Air Station, Camp Pen-
dleton ................................................
$11,540,000
Marine Corps Base, Camp Pendleton
$26,915,000
Marine Corps Logistics Base, Bar-
stow ...................................................
$4,930,000
Naval Air Facility, El Centro .............
$54,331,000
Naval Air Station, North Island ........
$10,180,000
Naval Surface Warfare Center, Divi-
sion Corona .......................................
$9,850,000
Recruit Depot San Diego ....................
$8,110,000
Connecticut .....................
Naval Submarine Base, New London
$50,302,000
District of Columbia .......
Naval Observatory, Washington ........
$3,239,000
Florida .............................
Eglin Air Force Base ...........................
$2,060,000
Naval Station, Mayport ......................
$6,200,000
Georgia ............................
Strategic Weapons Facility Atlantic,
Kings Bay .........................................
$16,000,000
Hawaii .............................
Naval Shipyard, Pearl Harbor ...........
$5,100,000
Illinois ..............................
Naval Training Center, Great Lakes
$74,781,000
Indiana ............................
Naval Surface Warfare Center, Crane
$12,600,000
Maine ...............................
Naval Air Station, Brunswick ............
$6,220,000
Maryland .........................
Naval Surface Warfare Center, In-
dian Head .........................................
$23,000,000
North Carolina ................
Marine Corps Air Station, New River
$35,140,000
Marine Corps Base, Camp Lejeune ...
$11,030,000
Navy Outlying Landing Field, Wash-
ington County ...................................
$136,900,000
Nevada .............................
Naval Air Station, Fallon ...................
$4,980,000
Rhode Island ...................
Naval Air Station, Newport ................
$5,490,000
South Carolina ................
Marine Corps Air Station, Beaufort ..
$5,480,000
Naval Weapons Station, Charleston ..
$12,209,000
H. R. 4200—297
Navy: Family Housing
State
Installation
Purpose
Amount
North Carolina ..
Marine Corps Air Station,
Cherry Point .................
198 Units ...........
$27,002,000
Total ..........................
.............................
$27,002,000
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(6)(A), the Secretary of the Navy may
improve existing military family housing units in an amount not
to exceed $112,105,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2004, for military construction, land acquisition, and
military family housing functions of the Department of the Navy
in the total amount of $1,897,245,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $712,927,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $94,950,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2201(c), $40,000,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$12,000,000.
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$87,067,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $139,107,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $696,304,000.
(7) For the construction of increment 2 of the tertiary
sewage treatment plant at Marine Corps Base, Camp Pen-
dleton, California, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108–136; 117 Stat. 1703), $25,690,000.
(8) For the construction of increment 2 of the general
purpose berthing pier at Naval Weapons Station, Earle, New
Jersey, authorized by section 2201(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2004 (division B of Public
Law 108–136; 117 Stat. 1704), $49,200,000.
(9) For the construction of increment 2 of pier 11 replace-
ment at Naval Station, Norfolk, Virginia, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat.
1704), $40,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
H. R. 4200—298
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2201 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $21,000,000 (the balance of the amount authorized
under section 2201(a) for apron and hangar recapitalization,
Naval Air Facility, El Centro, California).
(3) $116,750,000 (the balance of the amount authorized
under section 2201(a) for land acquisition for an outlying
landing field in Washington County, North Carolina).
(4) $34,098,000 (the balance of the amount authorized
under section 2201(a) for construction of a White Side complex,
Marine Corps Air Facility, Quantico, Virginia).
(5) $40,000,000 (the balance of the amount authorized
under section 2201(a) for construction of bachelor enlisted quar-
ters, Naval Station, Bremerton, Washington).
(6) $95,320,000 (the balance of the amount authorized
under section 2201(a) for construction of a limited area proc-
essing and storage complex, Strategic Weapons Facility Pacific,
Bangor, Washington).
(7) $65,982,000 (the balance of the amount authorized
under section 2201(c) for construction of a presidential heli-
copter programs support facility at an unspecified location).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (9) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $5,549,000, which represents prior year
savings.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Air Force: Inside the United States
State
Installation or Location
Amount
Alaska ..............................
Elmendorf Air Force Base ..................
$52,057,000
Arizona ............................
Davis-Monthan Air Force Base ..........
$17,029,000
Luke Air Force Base ...........................
$17,900,000
Arkansas .........................
Little Rock Air Force Base .................
$8,931,000
California .........................
Beale Air Force Base ...........................
$10,186,000
Edwards Air Force Base .....................
$9,965,000
Travis Air Force Base .........................
$18,894,000
Colorado ...........................
Buckley Air Force Base .......................
$12,247,000
Delaware .........................
Dover Air Force Base ..........................
$9,500,000
Florida .............................
Tyndall Air Force Base .......................
$27,614,000
H. R. 4200—299
Air Force: Inside the United States—Continued
State
Installation or Location
Amount
Patrick Air Force Base ........................
$8,800,000
Georgia ............................
Moody Air Force Base .........................
$9,600,000
Robins Air Force Base .........................
$21,900,000
Hawaii .............................
Hickam Air Force Base .......................
$30,900,000
Maui Site ..............................................
$7,500,000
Louisiana .........................
Barksdale Air Force Base ...................
$13,800,000
Maryland .........................
Andrews Air Force Base .....................
$17,100,000
Mississippi .......................
Columbus Air Force Base ...................
$7,700,000
Missouri ...........................
Whiteman Air Force Base ...................
$7,600,000
Montana ..........................
Malmstrom Air Force Base .................
$5,600,000
Nebraska .........................
Offutt Air Force Base ..........................
$6,221,000
New Mexico .....................
Cannon Air Force Base .......................
$9,500,000
Kirtland Air Force Base ......................
$9,200,000
North Carolina ................
Pope Air Force Base ............................
$15,150,000
North Dakota ..................
Minot Air Force Base ..........................
$8,900,000
Ohio .................................
Wright-Patterson Air Force Base .......
$9,904,000
Oklahoma ........................
Altus Air Force Base ...........................
$7,000,000
Tinker Air Force Base .........................
$8,000,000
South Carolina ................
Shaw Air Force Base ...........................
$7,000,000
South Dakota ..................
Ellsworth Air Force Base ....................
$9,867,000
Tennessee ........................
Arnold Air Force Base .........................
$24,500,000
Texas ................................
Dyess Air Force Base ..........................
$14,300,000
Lackland Air Force Base ....................
$2,596,000
Laughlin Air Force Base .....................
$6,900,000
Sheppard Air Force Base ....................
$50,284,000
Utah .................................
Hill Air Force Base ..............................
$25,713,000
Wyoming ..........................
F.E. Warren Air Force Base ...............
$5,500,000
Total ..............................................
$535,358,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Air Force: Outside the United States
Country
Installation or Location
Amount
Germany ..........................
Ramstein Air Base ..............................
$25,404,000
Greenland ........................
Thule Air Base .....................................
$19,800,000
Guam ...............................
Andersen Air Force Base ....................
$19,593,000
Italy .................................
Aviano Air Base ...................................
$6,760,000
Korea ...............................
Kunsan Air Base .................................
$37,100,000
Osan Air Base ......................................
$18,600,000
Portugal ...........................
Lajes Field, Azores ..............................
$5,689,000
Spain ................................
Naval Station, Rota .............................
$14,153,000
United Kingdom .............
Royal Air Force Lakenheath ..............
$5,500,000
Total ..............................................
$152,599,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the unspecified
installations or locations, and in the amounts, set forth in the
following table:
H. R. 4200—300
Air Force: Unspecified Worldwide
Location
Installation or Location
Amount
Classified Locations .............................
$26,121,000
Unspecified Worldwide .......................
$28,090,000
Total ..............................................
$54,211,000
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or
acquire family housing units (including land acquisition and sup-
porting facilities) at the installations or locations, for the purposes,
and in the amounts set forth in the following table:
Air Force: Family Housing
State
Installation or Loca-
tion
Purpose
Amount
Arizona ...............
Davis-Monthan Air Force
Base ...............................
250 Units ...........
$48,500,000
California ...........
Edwards Air Force Base
218 Units ...........
$41,202,000
Vandenberg Air Force
Base ...............................
120 Units ...........
$30,906,000
Florida ................
MacDill Air Force Base ...
61 Units .............
$21,723,000
MacDill Air Force Base ...
Housing Mainte-
nance Facility
$1,250,000
Idaho ..................
Mountain Home Air
Force Base ....................
147 Units ...........
$39,333,000
Mississippi .........
Columbus Air Force Base
Housing Man-
agement Facil-
ity ....................
$711,000
Missouri .............
Whiteman Air Force Base
160 Units ...........
$37,087,000
Montana .............
Malmstrom Air Force
Base ...............................
115 Units ...........
$29,910,000
North Carolina ..
Seymour Johnson Air
Force Base ....................
167 Units ...........
$32,693,000
North Dakota .....
Grand Forks Air Force
Base ...............................
90 Units .............
$26,169,000
Minot Air Force Base ......
142 Units ...........
$37,087,000
South Carolina ..
Charleston Air Force
Base ...............................
Fire Station .......
$1,976,000
South Dakota .....
Ellsworth Air Force Base
75 Units .............
$21,482,000
Texas ..................
Dyess Air Force Base ......
127 Units ...........
$28,664,000
Goodfellow Air Force
Base ...............................
127 Units ...........
$20,604,000
Germany ............
Ramstein Air Base ...........
144 Units ...........
$57,691,000
Italy ....................
Aviano Air Base ...............
Housing Office ...
$2,542,000
Korea ..................
Osan Air Base ..................
117 Units ...........
$46,834,000
United Kingdom
Royal Air Force
Lakenheath ...................
154 Units ...........
$43,976,000
Total ..........................
.............................
$570,340,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities
with respect to the construction or improvement of military family
housing units in an amount not to exceed $38,266,000.
H. R. 4200—301
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a)(6)(A), the Secretary of the Air Force
may improve existing military family housing units in an amount
not to exceed $238,353,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2004, for military construction, land acquisition, and
military family housing functions of the Department of the Air
Force in the total amount of $2,559,768,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $525,358,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $142,771,000.
(3) For military construction projects at unspecified world-
wide locations authorized by section 2301(c), $54,211,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$13,000,000.
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$124,085,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $846,959,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $853,384,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2301 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $10,000,000 (the balance of the amount authorized
under section 2301(a) for construction of a hanger for an aircraft
maintenance unit, Tyndall Air Force Base, Florida).
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (6) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $5,550,000, which represents prior year
savings.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
H. R. 4200—308
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of approval and notice requirements for facility repair
projects.
Sec. 2802. Reporting requirements regarding military family housing requirements
for general officers and flag officers.
Sec. 2803. Congressional notification of deviations from authorized cost variations
for military construction projects and military family housing projects.
Sec. 2804. Assessment of vulnerability of military installations to terrorist attack
and annual report on military construction requirements related to
antiterrorism and force protection.
Sec. 2805. Repeal of limitations on use of alternative authority for acquisition and
improvement of military housing.
Sec. 2806. Additional reporting requirements relating to alternative authority for
acquisition and improvement of military housing.
Sec. 2807. Temporary authority to accelerate design efforts for military construc-
tion projects carried out using design-build selection procedures.
Sec. 2808. Notification thresholds and requirements for expenditures or contribu-
tions for acquisition of facilities for reserve components.
Sec. 2809. Authority to exchange reserve component facilities to acquire replace-
ment facilities.
Sec. 2810. One-year extension of temporary, limited authority to use operation and
maintenance funds for construction projects outside the United States.
Sec. 2811. Consideration of combination of military medical treatment facilities and
health care facilities of Department of Veterans Affairs.
Subtitle B—Real Property and Facilities Administration
Sec. 2821. Reorganization of existing administrative provisions relating to real
property transactions.
Sec. 2822. Development of Heritage Center for the National Museum of the United
States Army.
Sec. 2823. Elimination of reversionary interests clouding United States title to
property used as Navy homeports.
Subtitle C—Base Closure and Realignment
Sec. 2831. Establishment of specific deadline for submission of revisions to force-
structure plan and infrastructure inventory.
Sec. 2832. Specification of final selection criteria for 2005 base closure round.
Sec. 2833. Repeal of authority of Secretary of Defense to recommend that installa-
tions be placed in inactive status.
Sec. 2834. Voting requirements for Defense Base Closure and Realignment Com-
mission to add to or otherwise expand closure and realignment rec-
ommendations made by Secretary of Defense.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2841. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2842. Land exchange, Fort Campbell, Kentucky and Tennessee.
Sec. 2843. Land conveyance, Louisiana Army Ammunition Plant, Doyline, Lou-
isiana.
Sec. 2844. Land conveyance, Fort Leonard Wood, Missouri.
Sec. 2845. Transfer of administrative jurisdiction, Defense Supply Center, Colum-
bus, Ohio.
Sec. 2846. Jurisdiction and utilization of former public domain lands, Umatilla
Chemical Depot, Oregon.
Sec. 2847. Modification of authority for land conveyance, equipment and storage
yard, Charleston, South Carolina.
Sec. 2848. Land conveyance, Fort Hood, Texas.
Sec. 2849. Land conveyance, local training area for Browning Army Reserve Cen-
ter, Utah.
Sec. 2850. Land conveyance, Army Reserve Center, Hampton, Virginia.
Sec. 2851. Land conveyance, Army National Guard Facility, Seattle, Washington.
Sec. 2852. Modification of land exchange and consolidation, Fort Lewis, Wash-
ington.
PART II—NAVY CONVEYANCES
Sec. 2861. Land exchange, former Richmond Naval Air Station, Florida.
H. R. 4200—309
Sec. 2862. Land conveyance, Honolulu, Hawaii.
Sec. 2863. Land conveyance, Navy property, former Fort Sheridan, Illinois.
Sec. 2864. Land exchange, Naval Air Station, Patuxent River, Maryland.
Sec. 2865. Modification of land acquisition authority, Perquimans County, North
Carolina.
Sec. 2866. Land conveyance, Naval Weapons Station, Charleston, South Carolina.
Sec. 2867. Land conveyance, Navy YMCA building, Portsmouth, Virginia.
PART III—AIR FORCE CONVEYANCES
Sec. 2871. Land exchange, Maxwell Air Force Base, Alabama.
Sec. 2872. Land conveyance, March Air Force Base, California.
Sec. 2873. Land conveyance, former Griffiss Air Force Base, New York.
PART IV—OTHER CONVEYANCES
Sec. 2881. Land exchange, Arlington County, Virginia.
Subtitle E—Other Matters
Sec. 2891. One-year resumption of Department of Defense Laboratory Revitaliza-
tion Demonstration Program.
Sec. 2892. Designation of Airmen Leadership School at Luke Air Force Base, Ari-
zona, in honor of John J. Rhodes, a former minority leader of the House
of Representatives.
Sec. 2893. Settlement of claim of Oakland Base Reuse Authority and Redevelop-
ment Agency.
Sec. 2894. Report on establishment of mobilization station at Camp Ripley National
Guard Training Center, Little Falls, Minnesota.
Sec. 2895. Report on feasibility of establishment of veterans memorial at Marine
Corps Air Station, El Toro, California.
Sec. 2896. Sense of Congress regarding effect of military housing policies and force
structure and basing changes on local educational agencies.
Sec. 2897. Sense of Congress and study regarding memorial honoring non-United
States citizens killed in the line of duty while serving in the United
States Armed Forces.
Subtitle A—Military Construction Program
and Military Family Housing Changes
SEC. 2801. MODIFICATION OF APPROVAL AND NOTICE REQUIREMENTS
FOR FACILITY REPAIR PROJECTS.
(a) INCREASE IN THRESHOLD FOR APPROVAL REQUIREMENT.—
Subsection (b) of section 2811 of title 10, United States Code,
is amended by striking ‘‘$5,000,000’’ and inserting ‘‘$7,500,000’’.
(b) DECREASE IN THRESHOLD FOR CONGRESSIONAL NOTIFICA-
TION.—Subsection (d) of such section is amended by striking
‘‘$10,000,000’’ and inserting ‘‘$7,500,000’’.
(c) INFORMATION REQUIRED IN COST ESTIMATE FOR MULTI-YEAR
PROJECTS.—Subsection (d)(1) of such section is amended by
inserting before the semicolon the following: ‘‘, including, in the
case of a multi-year repair project to a single facility, the total
cost of all phases of the project’’.
SEC. 2802. REPORTING REQUIREMENTS REGARDING MILITARY FAMILY
HOUSING REQUIREMENTS FOR GENERAL OFFICERS AND
FLAG OFFICERS.
(a) REPORTS ON COST OF GENERAL AND FLAG OFFICERS QUAR-
TERS.—Section 2831 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(e) REPORTS ON COST OF GENERAL OFFICERS AND FLAG OFFI-
CERS QUARTERS.—(1) As part of the budget materials submitted
to Congress in connection with the submission of the budget for
a fiscal year pursuant to section 1105 of title 31, the Secretary
of Defense shall submit a report—
H. R. 4200—310
‘‘(A) identifying each family housing unit used, or intended
for use, as quarters for a general officer or flag officer for
which the total operation, maintenance, and repair costs for
the unit are anticipated to exceed $35,000 in the next fiscal
year; and
‘‘(B) for each family housing unit so identified, specifying
the total of such anticipated operation, maintenance, and repair
costs for the unit.
‘‘(2) Not later than 120 days after the end of each fiscal year,
the Secretary of Defense shall submit to the congressional defense
committees a report specifying, for each family housing unit used
as quarters for a general officer or flag officer at any time during
that fiscal year, the total expenditures for operation and mainte-
nance, utilities, lease, and repairs of the unit during that fiscal
year.’’.
(b) NOTICE AND WAIT REQUIREMENT.—Such section is further
amended by inserting after subsection (e), as added by subsection
(a), the following new subsection:
‘‘(f) NOTICE AND WAIT REQUIREMENT.—(1) Except as provided
in paragraphs (2) and (3), the Secretary concerned may not carry
out a maintenance or repair project for a family housing unit
used, or intended for use, as quarters for a general officer or
flag officer if the project will or may result in the total operation,
maintenance, and repair costs for the unit for the fiscal year to
exceed $35,000, until—
‘‘(A) the Secretary concerned submits to the congressional
defense committees, in writing, a justification of the need for
the maintenance or repair project and an estimate of the cost
of the project; and
‘‘(B) a period of 21 days has expired following the date
on which the justification and estimate are received by the
committees or, if over sooner, a period of 14 days has expired
following the date on which a copy of the justification and
estimate are provided in an electronic medium pursuant to
section 480 of this title.
‘‘(2) The project justification and cost estimate required by
paragraph (1)(A) may be submitted after the commencement of
a maintenance or repair project for a family housing unit used,
or intended for use, as quarters for a general officer or flag officer
if the project is a necessary enviromental remediation project for
the unit or is necessary for occupant safety or security, and the
need for the project arose after the submission of the most recent
report under subsection (e).
‘‘(3) Paragraph (1) shall not apply in the case of a family
housing unit used, or intended for use, as quarters for a general
officer or flag officer if the unit was identified in the most recent
report submitted under subsection (e) and the cost of the mainte-
nance or repair project was included in the total of anticipated
operation, maintenance, and repair costs for the unit specified in
the report.’’.
(c) REPORT ON NEED FOR GENERAL AND FLAG OFFICERS QUAR-
TERS IN NATIONAL CAPITAL REGION.—Not later than March 30,
2005, the Secretary of Defense shall submit to the congressional
defense committees a report containing an analysis of anticipated
needs in the National Capital Region for family housing units
for general officers and flag officers. In conducting the analysis,
the Secretary shall consider the extent of available housing in
H. R. 4200—311
the National Capital Region and the necessity of providing housing
for general officers and flag officers in secure locations.
(d) REPORT ON CURRENT WORLD-WIDE INVENTORY OF GENERAL
AND FLAG OFFICERS QUARTERS.—Not later than March 30, 2005,
the Secretary of Defense shall submit to the congressional defense
committees a report—
(1) containing a worldwide inventory of family housing
units used, or intended for use, for general officers and flag
officers; and
(2) identifying annual expenditures for fiscal years 2002,
2003, and 2004 for operation and maintenance, utilities, leases,
and repairs of each unit.
(e) DEFINITIONS.—In this section:
(1) The terms ‘‘general officer’’ and ‘‘flag officer’’ have the
meanings given such terms in section 101(b) of title 10, United
States Code.
(2) The term ‘‘National Capital Region’’ has the meaning
given such term in section 2674(f) of such title.
SEC. 2803. CONGRESSIONAL NOTIFICATION OF DEVIATIONS FROM
AUTHORIZED 
COST 
VARIATIONS 
FOR 
MILITARY
CONSTRUCTION 
PROJECTS 
AND 
MILITARY 
FAMILY
HOUSING PROJECTS.
Section 2853(c)(3) of title 10, United States Code, is amended
by inserting before the period at the end the following: ‘‘or, if
over sooner, a period of 14 days has elapsed after the date on
which a copy of the notification is provided in an electronic medium
pursuant to section 480 of this title’’.
SEC. 2804. ASSESSMENT OF VULNERABILITY OF MILITARY INSTALLA-
TIONS TO TERRORIST ATTACK AND ANNUAL REPORT ON
MILITARY CONSTRUCTION REQUIREMENTS RELATED TO
ANTITERRORISM AND FORCE PROTECTION.
(a) ANNUAL ASSESSMENT AND REPORT.—(1) Chapter 169 of title
10, United States Code, is amended by inserting after section 2858
the following new section:
‘‘§ 2859. Construction requirements related to antiterrorism
and force protection
‘‘(a) ANTITERRORISM AND FORCE PROTECTION GUIDANCE AND
CRITERIA.—The Secretary of Defense shall develop common guid-
ance and criteria to be used by each Secretary concerned—
‘‘(1) to assess the vulnerability of military installations
located inside and outside of the United States to terrorist
attack;
‘‘(2) to develop construction standards designed to reduce
the vulnerability of structures to terrorist attack and improve
the security of the occupants of such structures;
‘‘(3) to prepare and carry out military construction projects,
such as gate and fenceline construction, to improve the physical
security of military installations; and
‘‘(4) to assist in prioritizing such projects within the mili-
tary construction budget of each of the armed forces.
‘‘(b) VULNERABILITY ASSESSMENTS.—The Secretary of Defense
shall require vulnerability assessments of military installations to
be conducted, at regular intervals, using the criteria developed
under subsection (a).