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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, $66,325,000, to remain avail-
able until September 30, 2009. 
MILITARY CONSTRUCTION, NAVAL 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, 
$33,735,000, to remain available until September 30, 2009. 
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, $101,373,000, to remain 
available until September 30, 2009. 
NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
For the United States share of the cost of the North 
Atlantic Treaty Organization Security Investment Pro-
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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 in 
Military Construction Authorization Acts and section 2806 
of title 10, United States Code, $165,800,000, 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, 
$636,099,000, to remain available until September 30, 
2009. 
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, $928,907,000. 
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, $139,107,000, to remain available until 
September 30, 2009.
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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, 
$704,504,000. 
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, 
$846,959,000, to remain available until September 30, 
2009. 
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, 
and 
insurance 
premiums, 
as 
authorized 
by 
law, 
$856,114,000. 
FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE 
For expenses of family housing for the activities and 
agencies of the Department of Defense (other than the mili-
tary departments) for construction, including acquisition, 
replacement, addition, expansion, extension and alteration,
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as authorized by law, $49,000, to remain available until 
September 30, 2009. 
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, $49,575,000. 
DEPARTMENT OF DEFENSE FAMILY HOUSING 
IMPROVEMENT FUND 
For the Department of Defense Family Housing Im-
provement Fund, $2,500,000, 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. 
CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE 
For expenses of construction, not otherwise provided 
for, necessary for the destruction of the United States stock-
pile of lethal chemical agents and munitions in accordance 
with the provisions of 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, $81,886,000, to remain available until Sep-
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tember 30, 2009: Provided, That such amounts of this ap-
propriation as may be determined by the Secretary of De-
fense may be transferred to such appropriations of the De-
partment of Defense available for military construction as 
he may designate, to be merged with and to be available 
for the same purposes, and for the same time period, as 
the appropriation to which transferred. 
BASE REALIGNMENT AND CLOSURE ACCOUNT 
For deposit into the Department of Defense Base Clo-
sure Account 1990 established by section 2906(a)(1) of the 
Department of Defense Authorization Act, 1991 (Public 
Law 101–510), $246,116,000, to remain available until ex-
pended. 
GENERAL PROVISIONS 
SEC. 101. None of the funds appropriated in Military 
Construction Appropriations Acts shall be expended for 
payments under a cost-plus-a-fixed-fee contract for con-
struction, 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 set-
ting forth the reasons therefor. 
SEC. 102. Funds appropriated to the Department of 
Defense for construction shall be available for hire of pas-
senger motor vehicles.
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SEC. 103. Funds appropriated to the Department of 
Defense for construction may be used for advances to the 
Federal Highway Administration, Department of Trans-
portation, 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 appropriated in this Act 
may be used to begin construction of new bases inside the 
continental United States for which specific appropriations 
have not been made. 
SEC. 105. No part of the funds provided in Military 
Construction Appropriations Acts 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 his des-
ignee; (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 appropriated in Military 
Construction Appropriations Acts shall be used to: (1) ac-
quire land; (2) provide for site preparation; or (3) install 
utilities for any family housing, except housing for which
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funds have been made available in annual Military Con-
struction Appropriations Acts. 
SEC. 107. None of the funds appropriated in Military 
Construction Appropriations Acts 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. 
SEC. 108. No part of the funds appropriated in Mili-
tary Construction Appropriations Acts may be used for the 
procurement of steel for any construction project or activity 
for which American steel producers, fabricators, and manu-
facturers 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 appropriated in Military 
Construction Appropriations Acts may be used to initiate 
a new installation overseas without prior notification to the 
Committees on Appropriations. 
SEC. 111. None of the funds appropriated in Military 
Construction Appropriations Acts may be obligated for ar-
chitect and engineer contracts estimated by the Government 
to exceed $500,000 for projects to be accomplished in Japan,
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in any NATO member country, or in countries bordering 
the Arabian Sea, unless such contracts are awarded to 
United States firms or United States firms in joint venture 
with host nation firms. 
SEC. 112. None of the funds appropriated in Military 
Construction Appropriations Acts for military construction 
in the United States territories and possessions in the Pa-
cific 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 con-
tractor: Provided, That this section shall not be applicable 
to contract awards for which the lowest responsive and re-
sponsible bid of a United States contractor exceeds the low-
est responsive and responsible bid of a foreign contractor 
by greater than 20 percent: Provided further, That this sec-
tion shall not apply to contract awards for military con-
struction on Kwajalein Atoll for which the lowest responsive 
and responsible bid is submitted by a Marshallese con-
tractor. 
SEC. 113. The Secretary of Defense is to inform the 
appropriate committees of Congress, including the Commit-
tees on Appropriations, of the plans and scope of any pro-
posed military exercise involving United States personnel 
30 days prior to its occurring, if amounts expended for con-
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struction, either temporary or permanent, are anticipated 
to exceed $100,000. 
SEC. 114. Not more than 20 percent of the appropria-
tions in Military Construction Appropriations Acts which 
are limited for obligation during the current fiscal year 
shall be obligated during the last 2 months of the fiscal year. 
SEC. 115. Funds appropriated to the Department of 
Defense for construction in prior years shall be available 
for construction authorized for each such military depart-
ment by the authorizations enacted into law during the 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 appropriated 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 appropriated if 
the funds obligated for such project: (1) are obligated from
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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. 
SEC. 118. The Secretary of Defense is to provide the 
Committees on Appropriations of the Senate and the House 
of Representatives with an annual report by February 15, 
containing details of the specific actions proposed to be 
taken by the Department of Defense during the current fis-
cal year to encourage other member nations of the North 
Atlantic Treaty Organization, Japan, Korea, and United 
States allies bordering the Arabian Sea to assume a greater 
share of the common defense burden of such nations and 
the United States. 
SEC. 119. During the current fiscal year, in addition 
to any other transfer authority available to the Department 
of Defense, proceeds deposited to the Department of Defense 
Base Closure Account established by section 207(a)(1) of the 
Defense Authorization Amendments and Base Closure and 
Realignment Act (Public Law 100–526) pursuant to section 
207(a)(2)(C) of such Act, may be transferred to the account 
established by section 2906(a)(1) of the Department of De-
fense Authorization Act, 1991, to be merged with, and to 
be available for the same purposes and the same time period 
as that account.
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SEC. 120. Subject to 30 days prior notification to the 
Committees on Appropriations, such additional amounts as 
may be determined by the Secretary of Defense may be 
transferred to (1) the Department of Defense Family Hous-
ing Improvement Fund from amounts appropriated for 
construction in ‘‘Family Housing’’ accounts, to be merged 
with and to be available for the same purposes and for the 
same period of time as amounts appropriated directly to 
the Fund, or (2) the Department of Defense Military Unac-
companied Housing Improvement Fund from amounts ap-
propriated for construction of military unaccompanied 
housing in ‘‘Military Construction’’ accounts, to be merged 
with and to be available for the same purposes and for the 
same period of time as amounts appropriated directly to 
the Fund: Provided, That appropriations made available 
to the Funds shall be available to cover the costs, as defined 
in section 502(5) of the Congressional Budget Act of 1974, 
of direct loans or loan guarantees issued by the Department 
of Defense pursuant to the provisions of subchapter IV of 
chapter 169, title 10, United States Code, pertaining to al-
ternative means of acquiring and improving military fam-
ily housing, military unaccompanied housing, and sup-
porting facilities. 
SEC. 121. None of the funds appropriated or made 
available by this Act may be obligated for Partnership for
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Peace Programs in the New Independent States of the 
former Soviet Union. 
SEC. 122. (a) Not later than 60 days before issuing 
any solicitation for a contract with the private sector for 
military family housing the Secretary of the military de-
partment concerned shall submit to the congressional de-
fense committees 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. 
(c) In this section, the term, ‘‘congressional defense 
committees’’ means the following:
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(1) The Committee on Armed Services and the 
Military Construction Subcommittee, Committee on 
Appropriations of the Senate. 
(2) The Committee on Armed Services and the 
Military Construction Subcommittee, Committee on 
Appropriations of the House of Representatives. 
SEC. 123. During the current fiscal year, in addition 
to any other transfer authority available to the Department 
of Defense, amounts may be transferred from the account 
established by section 2906(a)(1) of the Department of De-
fense Authorization Act, 1991, to the fund established by 
section 1013(d) of the Demonstration Cities and Metropoli-
tan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Pro-
gram. Any amounts transferred shall be merged with and 
be available for the same purposes and for the same time 
period as the fund to which transferred. 
SEC. 124. Notwithstanding this or any other provision 
of law, funds appropriated in Military Construction Ap-
propriations Acts for operations and maintenance of family 
housing shall be the exclusive source of funds for repair and 
maintenance of all family housing units, including general 
or flag officer quarters: Provided, That not more than 
$35,000 per unit may be spent annually for the mainte-
nance and repair of any general or flag officer quarters
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without 30 days advance prior notification to the appro-
priate committees of Congress, except that an after-the-fact 
notification shall be submitted if the limitation is exceeded 
solely due to costs associated with environmental remedi-
ation that could not be reasonably anticipated at the time 
of the budget submission: Provided further, That the Under 
Secretary of Defense (Comptroller) is to report annually to 
the Committees on Appropriations all operations and 
maintenance expenditures for each individual general or 
flag officer quarters for the prior fiscal year. 
SEC. 125. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except pur-
suant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriation Act. 
SEC. 126. No funds appropriated in this Act under 
the heading ‘‘North Atlantic Treaty Organization Security 
Investment Program’’, and no funds appropriated for any 
fiscal year before fiscal year 2005 for that program that 
remain available for obligation, may be obligated or ex-
pended for the conduct of studies of missile defense. 
SEC. 127. Section 128(b)3(A) of Public Law 108–132 
is amended by striking the words ‘‘December 31, 2004’’ and 
replacing with ‘‘August 15, 2005’’.
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SEC. 128. During the current fiscal year, amounts con-
tained in the Ford Island Improvement Account established 
under 10 U.S.C. 2814(h) are appropriated and shall be 
available until expended for the purposes specified in 10 
U.S.C. 2814(i)(1) or until transferred pursuant to the pro-
visions of 10 U.S.C. 2814(i)(3). 
SEC. 129. (a) TRANSFER OF CERTAIN EXCESS PROP-
ERTY AT FORT HUNTER LIGGETT, CALIFORNIA.— 
(1) Notwithstanding any other provision of law, 
whenever the Secretary of the Army determines that 
any portion of real property consisting of approxi-
mately 165,000 acres at Fort Hunter Liggett, Cali-
fornia, is excess to the military needs of the Army, the 
Secretary of the Army shall first offer the property to 
the Secretary of Agriculture. 
(2) If the Secretary of Agriculture determines, 
pursuant to negotiations with the Secretary of the 
Army, to accept any property offered under para-
graph (1), the Secretary of the Army shall transfer 
administrative jurisdiction of such property to the 
Secretary of Agriculture. 
(b) MANAGEMENT OF TRANSFERRED PROPERTY.— 
(1) The Secretary of Agriculture shall manage 
any property transferred under subsection (a) as part 
of the National Forest System under the Act of March
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1, 1911 (commonly known as ‘‘Weeks Law’’) (16 
U.S.C. 480 et seq.), and other laws relating to the Na-
tional Forest System. 
(2) Any property managed under paragraph (1) 
shall be subject to the concurrent jurisdiction of the 
State of California. 
(c) ADJUSTMENT OF BOUNDARIES.— 
(1) Effective upon the transfer of property under 
subsection (a), the boundaries of Los Padres National 
Forest shall be modified to incorporate such property. 
The Chief of the United States Forest Service shall 
file and make available for public inspection in the 
Office of the Chief of the United States Forest Service 
in Washington, District of Columbia, a map reflect-
ing any modification of the boundaries of Los Padres 
National Forest pursuant to the preceding sentence. 
(2) Any property incorporated within the bound-
aries of Los Padres National Forest under this section 
shall be deemed to have been within the boundaries of 
Los Padres National Forest as of January 1, 1965, 
for purposes of section 7(a) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l– 
9(a)). 
(d) ENVIRONMENTAL MATTERS.—
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(1) As part of the transfer of property under sub-
section (a), the Secretary of the Army shall— 
(A) provide the Secretary of Agriculture all 
documentation and information in the possession 
of the Secretary of the Army on the environ-
mental condition of such property, including an 
environmental baseline survey or its equivalent; 
and 
(B) perform all environmental remediation 
and response necessary to protect human health 
and the environment on such property to the ex-
tent consistent with the use of such property as 
part of the National Forest System. 
(2)(A) The transfer of property under subsection 
(a) shall not affect the responsibilities of the Secretary 
of the Army with respect to such property under any 
applicable environmental law, including Comprehen-
sive Environmental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et seq.). 
(B) Pursuant to the transfer of property, the 
Secretary of the Army shall perform all environ-
mental remediation and response with respect to envi-
ronmental contamination or injury to natural re-
sources on such property that are attributable to 
former military activities on such property to the ex-
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tent consistent with the use of such property as part 
of the National Forest System. 
(C) The Secretary of Agriculture shall have no 
liability for any environmental remediation and re-
sponse described in subparagraph (B). 
SEC. 130. (a) ASSESSMENT OF BUDGET AUTHORITY 
LIMITATION ON MILITARY HOUSING PRIVATIZATION INITIA-
TIVE.—(1) The Secretary of Defense shall assess the impacts 
on the military family housing program of having the total 
value of contracts and investments undertaken under the 
Military Housing Privatization Initiative reach the limita-
tion on budget authority for the initiative specified in sec-
tion 2883(g) of title 10, United States Code. 
(2) The assessment shall include: an estimate of 
the appropriations and period of time necessary to 
provide the level and quality of housing contemplated 
under the Military Housing Privatization Initiative 
in the event that limitation in 10 U.S.C. 2883(g) is 
not eliminated and the potential impact on military 
families if the limitation is not eliminated. 
(b) The Secretary of Defense shall, no later than De-
cember 31, 2004, provide to the congressional defense com-
mittees a report of the assessment required by subparagraph 
(a).
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(c) MILITARY HOUSING PRIVATIZATION INITIATIVE 
DEFINED.—In this section, the term ‘‘military housing pri-
vatization initiative’’ means the programs and activities 
undertaken under the alternative authority for the acquisi-
tion and improvement of military housing under sub-
chapter IV of chapter 169 of title 10, United States Code. 
SEC. 131. Of the amount appropriated by this Act, 
$1,500,000 shall be available to the Commission on Review 
of Overseas Military Facility Structure of the United 
States. 
This Act may be cited as the ‘‘Military Construction 
Appropriations Act, 2005’’. 
Passed the House of Representatives July 22, 2004. 
Attest: 
JEFF TRANDAHL, 
Clerk. 
Passed the Senate September 20, 2004. 
Attest: 
EMILY J. REYNOLDS, 
Secretary.