H. R. 2764—414 
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, $104,176,000, to remain available until September 
30, 2012, which shall be only for the Assembled Chemical Weapons 
Alternatives program. 
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), 
$295,689,000, 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), 
$7,235,591,000, 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. 
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
H. R. 2764—415 
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. 
SEC. 112. None of the funds made available in this title for 
military construction in the United States territories and posses-
sions in the Pacific and on Kwajalein Atoll, or in countries bordering 
the Arabian Sea, may be used to award any contract estimated 
by the Government to exceed $1,000,000 to a foreign contractor: 
Provided, That this section shall not be applicable to contract 
awards for which the lowest responsive and responsible bid of 
a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 percent: 
Provided further, That this section shall not apply to contract 
awards for military construction on Kwajalein Atoll for which the 
lowest responsive and responsible bid is submitted by a Marshallese 
contractor. 
SEC. 113. The Secretary of Defense is to inform the appropriate 
committees of both Houses of Congress, including the Committees 
on Appropriations, of the plans and scope of any proposed military 
exercise involving United States personnel 30 days prior to its 
occurring, if amounts expended for construction, either temporary 
or permanent, are anticipated to exceed $100,000. 
SEC. 114. Not more than 20 percent of the funds made available 
in this title which are limited for obligation during the current
H. R. 2764—416 
fiscal year shall be obligated during the last two months of the 
fiscal year. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 115. Funds appropriated to the Department of Defense 
for construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress. 
SEC. 116. For military construction or family housing projects 
that are being completed with funds otherwise expired or lapsed 
for obligation, expired or lapsed funds may be used to pay the 
cost of associated supervision, inspection, overhead, engineering 
and design on those projects and on subsequent claims, if any. 
SEC. 117. Notwithstanding any other provision of law, any 
funds made available to a military department or defense agency 
for the construction of military projects may be obligated for a 
military construction project or contract, or for any portion of such 
a project or contract, at any time before the end of the fourth 
fiscal year after the fiscal year for which funds for such project 
were made available, if the funds obligated for such project: (1) 
are obligated from funds available for military construction projects; 
and (2) do not exceed the amount appropriated for such project, 
plus any amount by which the cost of such project is increased 
pursuant to law. 
SEC. 118. (a) The Secretary of Defense, in consultation with 
the Secretary of State, shall submit to the Committees on Appro-
priations of both Houses of Congress, by February 15 of each 
year, an annual report, in unclassified and, if necessary classified 
form, on actions taken by the Department of Defense and the 
Department of State during the previous fiscal year to encourage 
host countries to assume a greater share of the common defense 
burden of such countries and the United States. 
(b) The report under subsection (a) shall include a description 
of— 
(1) attempts to secure cash and in-kind contributions from 
host countries for military construction projects; 
(2) attempts to achieve economic incentives offered by host 
countries to encourage private investment for the benefit of 
the United States Armed Forces; 
(3) attempts to recover funds due to be paid to the United 
States by host countries for assets deeded or otherwise imparted 
to host countries upon the cessation of United States operations 
at military installations; 
(4) the amount spent by host countries on defense, in 
dollars and in terms of the percent of gross domestic product 
(GDP) of the host country; and 
(5) for host countries that are members of the North 
Atlantic Treaty Organization (NATO), the amount contributed 
to NATO by host countries, in dollars and in terms of the 
percent of the total NATO budget. 
(c) In this section, the term ‘‘host country’’ means other member 
countries of NATO, Japan, South Korea, and United States allies 
bordering the Arabian Sea.
H. R. 2764—417 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 119. In addition to any other transfer authority available 
to the Department of Defense, proceeds deposited to the Department 
of Defense Base Closure Account established by section 207(a)(1) 
of the Defense Authorization Amendments and Base Closure and 
Realignment Act (10 U.S.C. 2687 note) pursuant to section 
207(a)(2)(C) of such Act, may be transferred to the account estab-
lished by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged 
with, and to be available for the same purposes and the same 
time period as that account. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 120. Subject to 30 days prior notification to the Commit-
tees on Appropriations of both Houses of Congress, such additional 
amounts as may be determined by the Secretary of Defense may 
be transferred to: (1) the Department of Defense Family Housing 
Improvement Fund from amounts appropriated for construction 
in ‘‘Family Housing’’ accounts, to be merged with and to be available 
for the same purposes and for the same period of time as amounts 
appropriated directly to the Fund; or (2) the Department of Defense 
Military Unaccompanied Housing Improvement Fund from amounts 
appropriated for construction of military unaccompanied housing 
in ‘‘Military Construction’’ 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 of title 10, United States Code, pertaining to 
alternative means of acquiring and improving military family 
housing, military unaccompanied housing, and supporting facilities. 
SEC. 121. (a) Not later than 60 days before issuing any solicita-
tion for a contract with the private sector for military family housing 
the Secretary of the military department concerned shall submit 
to the Committees on Appropriations of both Houses of Congress 
the notice described in subsection (b). 
(b)(1) A notice referred to in subsection (a) is a notice of any 
guarantee (including the making of mortgage or rental payments) 
proposed to be made by the Secretary to the private party under 
the contract involved in the event of— 
(A) the closure or realignment of the installation for which 
housing is provided under the contract; 
(B) a reduction in force of units stationed at such installa-
tion; 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.