Military Construction Appropriations Act, 1998
PL 105-45 (H.R.2016), enacted 09/30/1997

Ill STAT. 1142 
PUBLIC LAW 105-45—SEPT. 30, 1997 
*Public Law 105-45 
105th Congress 
An Act 
„ 
-- 
Making appropriations for military construction, family 
housing, and base 
P • 
' 
— 
realignment and closure for the Department of Defense for the fiscal year ending 
[H.R. 2016] 
September 30, 1998, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
MiUtary 
the United States of America in Congress assembled, 
That the 
Construction 
following sums are appropriated, out of any money in the Treasury 
Act*'l998**^°"^ 
^^^ otherwise appropriated, for the fiscal year ending September 
' 
30, 1998, for military construction, family housing, and base realign-
ment and closure functions administered by the Department of 
Defense, and for other purposes, namely: 
MILITARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facili-
ties, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, 
and for construction and operation of facilities in support of the 
functions of the Commander in Chief, $714,377,000, to remain 
available until September 30, 2002: Provided, That of this amount, 
not to exceed $65,577,000 shall be available for study, planning, 
design, architect and engineer services, and host nation support, 
as authorized by law, unless the Secretary of Defense determines 
that additional obligations are necessary for such purposes and 
notifies the Committees on Appropriations of both Houses of Con-
gress of his determination and the reasons therefor. 
MILITARY CONSTRUCTION, NAVY 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy as currently authorized by law, 
including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this appro-
priation, $683,666,000, to remain available until September 30, 
2002: Provided, That of this amount, not to exceed $46,489,000 
shall be available for study, planning, design, architect and engineer 
services, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such pur-
poses and notifies the Committees on Appropriations of both Houses 
of Congress of his determination and the reasons therefor. 
*Note: This law contains items that were cancelled by the President and reinstated by Con-
gress pursuant to the Line Item Veto Act (P.L. 104-130). For more information, see the 
"ENDNOTE" and Federal Register entry under "LEGISLATIVE HISTORY" at the end of this 
law. 
PUBLIC LAW 105-45—SEPT. 30, 1997 
111 STAT. 1143 
MILITARY CONSTRUCTION, AIR FORCE 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facili-
ties, and real property for the Air Force as currently authorized 
by law, $701,855,000, to remain available until September 30, 2002: 
Provided, That of this amount, not to exceed $44,880,000 shall 
be available for study, planning, design, architect and engineer 
services, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such pur-
poses and notifies the Committees on Appropriations of both Houses 
of Congress of his determination and the reasons therefor. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of 
Defense (other than the military departments), as currently author-
ized by law, $646,342,000, to remain available until September 
30, 2002: Provided, That such amounts of this appropriation as 
may be determined by the Secretary of Defense may be transferred 
to such appropriations of the Department of Defense available for 
military construction or family housing as he may designate, to 
be merged with and to be available for the same purposes, and 
for the same time period, as the appropriation or fund to which 
transferred: Provided further, That of the amount appropriated, 
not to exceed $48,850,000 shall be available for study, planning, 
design, architect and engineer services, as authorized by law, unless 
the Secretary of Defense determines that additional obligations 
are necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of his determination 
and the reasons therefor. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized 
by chapter 133 of title 10, United States Code, and Military 
Construction Authorization Acts, $118,350,000, to remain available 
until September 30, 2002. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Air National Guard, and contributions therefor, as authorized by 
chapter 133 of title 10, United States Code, and Military Construc-
tion Authorization Acts, $190,444,000, to remain available until 
September 30, 2002. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 133 of title 10, United 
I l l STAT. 1144 
PUBLIC LAW 105-45—SEPT. 30, 1997 
States 
Code, and 
Military 
Construction 
Authorization 
Acts, 
$74,167,000, to remain available until September 30, 2002. 
MILITARY CONSTRUCTION, NAVAL RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized 
by chapter 133 of title 10, United States Code, and Military 
Construction Authorization Acts, $47,329,000, to remain available 
until September 30, 2002. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Air Force Reserve as authorized by chapter 133 of title 10, United 
States 
Code, and 
Military Construction 
Authorization 
Acts, 
$30,243,000, to remain available until September 30, 2002. 
NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
For the United States share of the cost of the North Atlantic 
Treaty 
Organization 
Security 
Investment 
Program 
for 
the 
acquisition and construction of military facilities and installations 
(including international military headquarters) and for related 
expenses for the collective defense of the North Atlantic Treaty 
Area as authorized in Military Construction Authorization Acts 
and section 2806 of title 10, United States Code, $152,600,000, 
to remain available until expended. 
FAMILY HOUSING, ARMY 
For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension 
and alteration and for operation and maintenance, including debt 
payment, leasing, minor construction, principal and 
interest 
charges, and insurance premiums, as authorized by law, as follows: 
for Construction, $197,300,000, to remain available until September 
30, 2002; for Operation and Maintenance, and for debt payment, 
$1,140,56'^,000; in all $1,337,868,000. 
FAMILY HOUSING, NAVY AND MARINE CORPS 
For expenses of family housing for the Navy and Marine Corps 
for construction, including acquisition, replacement, 
addition, 
expansion, 
extension 
and 
alteration 
and for 
operation 
and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as author-
ized by law, as foUows: for Construction, $393,832,000, to remain 
available until September 30, 2002; for Operation and Maintenance, 
and for debt payment, $976,504,000; in all $1,370,336,000. 
FAMILY HOUSING, AIR FORCE 
For expenses of family housing for the Air Force for construc-
tion, including acquisition, replacement, 
addition, 
expansion. 
PUBLIC LAW 105-45—SEPT. 30, 1997 
111 STAT. 1145 
extension and alteration and for operation and maintenance, includ-
ing debt pa5nnent, leasing, minor construction, principal and 
interest charges, and insurance premiums, as authorized by law, 
as follows: for Construction, $295,709,000, to remain available until 
September 30, 2002; for Operation and Maintenance, and for debt 
payment, $830,234,000; in all $1,125,943,000. 
FAMILY HOUSING, DEFENSE-WIDE 
For expenses of family housing for the activities and agencies 
of the Department of Defense (other than the military departments) 
for construction, including acquisition, replacement, 
addition, 
expansion, extension and alteration, and for operation and mainte-
nance, leasing, and minor construction, as authorized by law, as 
follows: for Construction, $4,950,000, to remain available until 
September 30, 2002; for Operation and Maintenance, $32,724,000; 
in all $37,674,000. 
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART II 
For deposit into the Department of Defense Base Closure 
Account 1990 established by section 2906(a)(1) of the Department 
of Defense 
Authorization 
Act, 
1991 (Public 
Law 
101-510), 
$116,754,000, to remain available until expended: Provided, That 
not more than $105,224,000 of the funds appropriated herein shall 
be available solely for environmental restoration, unless the 
Secretary of Defense determines that additional obligations are 
necessary for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of his determination and 
the reasons therefor. 
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART III 
For deposit into the Department of Defense Base Closure 
Account 1990 established by section 2906(a)(1) of the Department 
of Defense 
Authorization 
Act, 
1991 (Public Law 
101-510), 
$768,702,000, to remain available until expended: Provided, That 
not more than $398,499,000 of the funds appropriated herein shall 
be available solely for environmental restoration, unless the 
Secretary of Defense determines that additional obligations are 
necessary for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of his determination and 
the reasons therefor. 
BASE REALIGNMENT AND CLOSURE ACCOUNT, PART IV 
For deposit into the Department of Defense Base Closure 
Account 1990 established by section 2906(a)(1) of the Department 
of Defense 
Authorization 
Act, 
1991 (Public Law 
101-510), 
$1,175,398,000, to remain available until expended: Provided, That 
not more than $353,604,000 of the funds appropriated herein shall 
be available solely for environmental restoration, unless the 
Secretary of Defense determines that additional obligations are 
necessary for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of his determination and 
the reasons therefor. 
39-194 O - 97 - 3 : QL 3 Part 2 
I l l STAT. 1146 
PUBLIC LAW 105-45—SEPT. 30, 1997 
GENERAL PROVISIONS 
SEC. 101. None of the funds appropriated in Military Construc-
tion Appropriations Acts shall be expended for payments under 
a cost-plus-a-fixed-fee contract for work, where cost estimates exceed 
$25,000, to be performed within the United States, except Alaska, 
without the specific approval in writing of the Secretary of Defense 
setting forth the reasons therefor: Provided, That the foregoing 
shall not apply in the case of contracts for environmental restoration 
at an installation that is being closed or realigned where payments 
are made from a Base Realignment and Closure Account. 
SEC. 102. Funds appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor 
vehicles. 
SEC. 103. Funds appropriated to the Department of Defense 
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 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 per centum 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; or (2) purchases negotiated by the Attorney 
General or his designee; or (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 Construc-
tion Appropriations Acts 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 Military Construction Appropriations Acts. 
SEC. 107. None of the funds appropriated in Military Construc-
tion Appropriations Acts for minor construction may be used to 
transfer or relocate any activity from one base or installation to 
smother, without prior notification to the Committees on Appropria-
tions. 
SEC. 108. No part of the funds appropriated in Military 
Construction Appropriations Acts 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 appropriated in Military Construc-
tion Appropriations Acts may be used to initiate a new installation 
overseas without prior notification to the Committees on Appropria-
tions. 
SEC. 111. None of the funds appropriated in Military Construc-
tion Appropriations Acts may be obligated for architect and engineer 
PUBLIC LAW 105-45—SEPT. 30, 1997 
111 STAT. 1147 
contracts estimated by the Government to exceed $500,000 for 
projects to be accomplished in Japan, in any NATO member coiuitry, 
or in countries bordering the Arabian Gulf, 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 Construc-
tion Appropriations Acts for military construction in the United 
States territories and possessions in the Pacific and on Kwajalein 
Atoll, or in countries bordering the Arabian Gulf, 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 per centum: 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 submit-
ted by a Marshallese contractor. 
SEC. 113. The Secretary of Defense is to inform the appropriate 
Notification. 
committees of Congress, including the Committees on Appropria-
tions, of the plans and scope of any proposed military exercise 
involving United States personnel thirty days prior to its occurring, 
if amounts expended for construction, either temporary or perma-
nent, are anticipated to exceed $100,000. 
SEC. 114. Not more than 20 per centum of the appropriations 
in Military Construction Appropriations Acts which are limited 
for obligation during the current fiscal year shall be obligated 
during the last two months of the fiscal year. 
(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 £iny. 
SEC. 117. Notwithstanding any other provision of law, any 10USC2860 
funds appropriated to a military department or defense agency 
"o^. 
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 funds available for military construction projects 
and (2) do not exceed the amount appropriated for such project, 
plus any amoxmt by which the cost of such project is increased 
pursuant to law. 
(TRANSFER OF FUNDS) 
SEC. 118. During the five-year period after appropriations avail- 
lO USC 2860 
able to the Department of Defense for military construction and note. 
family housing operation £ind maintenance and construction have 
I l l STAT. 1148 
PUBLIC LAW 105-45—SEPT. 30, 1997 
Reports. 
expired for obligation, upon a determination that such appropria-
tions will not be necessary for the liquidation of obligations or 
for making authorized adjustments to such appropriations for 
obligations incurred during the period of availability of such 
appropriations, unobligated balances of such appropriations may 
be transferred into the appropriation "Foreign Currency Fluctua-
tions, Construction, Defense" to be merged with and to be available 
for the same time period and for the same purposes as the appro-
priation to which transferred. 
SEC. 119. 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 fiscal year to encourage other member nations 
of the North Atlantic Treaty Organization, Japan, Korea, and 
United States allies bordering the Arabian Gulf to assume a greater 
share of the common defense burden of such nations and the United 
States. 
Notice. 
(TRANSFER OF FUNDS) 
SEC. 120. During the current fiscal year, in addition to £iny 
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 Authoriza-
tion Amendments and Base Closure £ind 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 Defense Authorization Act, 1991, to be merged 
with, and to be available for the same purposes and the same 
time period as that account. 
SEC. 121. No funds appropriated pursuant to this Act may 
be expended by an entity unless the entity agrees that in expending 
the assistance the entity will comply with sections 2 through 4 
of the Act of March 3, 1933 (41 U.S.C. lOa-lOc, popularly known 
as the "Buy American Act"). 
SEC. 122. (a) In the case of any equipment or products that 
may be authorized to be purchased with financial assistance 
provided under this Act, it is the sense of the Congress that entities 
receiving such assistance should, in expending the assistance, pur-
chase only American-made equipment and products. 
(b) In providing financial assistance under this Act, the Sec-
retary of the Treasury shall provide to each recipient of the assist-
ance a notice describing the statement made in subsection (a) 
by the Congress. 
(TRANSFER OF FUNDS) 
SEC. 123. (a) Subject to thirty days prior notification to the 
Committees on Appropriations, such additional amounts as may 
be determined by the Secretary of Defense may be transferred 
to 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: Provided, That appropriations made available 
to the Fund shall be available to cover the costs, as defined in 
section 502(5) of the Congressional. Budget Act of 1974, of direct 
PUBLIC LAW 105-45—SEPT. 30, 1997 
111 STAT. 1149 
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 alternative means of acquiring 
and improving military family housing and supporting facilities, 
(b) Subject to thirty days prior notification to the Committees 
on Appropriations, such additional amounts as may be determined 
by the Secretary of Defense may be transferred to the Department 
of Defense Military Unaccompanied Housing Improvement Fund 
from amounts appropriated for the acquisition or 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 Fund 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 guarsintees issued by the Department of Defense 
pursuant to the provisions of subchapter IV of chapter 169, title 
10, United States Code, pertaining to alternative means of acquiring 
and improving military unaccompanied housing and ancillary 
supporting facilities. 
SEC. 124. Notwithstanding any other provision of law, appro-
priations made available to the Department of Defense Family 
Housing Improvement Fund shall be the sole source of funds avail-
able for planning, administrative, and oversight costs incurred by 
the Housing Revitalization Support Office relating to military family 
housing initiatives and military unaccompanied housing initiatives 
undertaken pursuant to the provisions of subchapter IV of chapter 
169, title 10, United States Code, pertaining to alternative means 
of acquiring and improving military family housing, military 
unaccompanied housing, and supporting facilities. 
SEC. 125. Notwithstanding any other provisions in this Act, 
the following accounts are hereby reduced by the 
specified 
amounts— 
"Mihtary Construction, Army", $7,900,000; 
"Military Construction, Navy", $5,600,000; 
"Military Construction, Air Force", $7,600,000; 
"Military Construction, Defense-wide", $6,100,000; 
"North Atlantic Treaty Organization Security Investment 
Program", $1,000,000; 
"Base Realignment 
and 
Closure Account, Part 
III", 
$8,000,000; 
"Base Realignment 
and 
Closure Account, Part 
IV", 
$8,000,000; 
"Family Housing, Army", $36,700,000; 
"Family Housing, Navy and Marine Corps", $13,100,000; 
"Family Housing, Air Force", $14,700,000; and 
"Family Housing, Defense-wide", $100,000. 
SEC. 126. Notwithstanding any other provision of law, from 
the funds appropriated in this Act for Military Construction, Army, 
the Secretary of the Army is directed to complete, using an Unspec-
ified Minor Construction project, the Special Forces (Diver) Training 
Facility at Key West Naval Air Station, Florida, as authorized 
in the Military Construction Authorization Act for Fiscal Years 
1990 and 1991 (Public Law 101-189). 
SEC. 127. (a) LEASE OF PROPERTY AUTHORIZED.—Notwithstand- Hawaii, 
ing any other provision of law, the Secretary of the Navy (herein-
after referred to as the "Secretary") may lease, without monetary 
I l l STAT. 1150 
PUBLIC LAW 105-45—SEPT. 30, 1997 
consideration, to the city and coiinty of Honolulu (hereinafter 
referred to as the "city) a parcel of land consisting of approximately 
300 acres on Waipio Peninsula, Honolulu, Hawaii (hereinafter 
referred to as the "parcel"). 
(b) RELATED EASEMENT.—The Secretary may also grant, with-
out monetary consideration, an easement on, over, under and across 
that certain real property known as Waipio Point Access Road 
for access to and operation of the parcel. 
(c) TERM.—The term of the lease and easement authorized 
under this section shall be fifty (50) years. 
(d) CONDITION OF USE.—The lease and easement authorized 
under subsections (a) and (b) shall be subject to the following 
conditions: 
(1) The city shall use the parcel for development and oper-
ation of a public soccer park and related recreational facilities, 
and for other civic and public purposes as may be approved 
by the Secretary. 
(2) Facilities developed on the parcel shall be for public 
use and benefit; however, usage fees may be charged to defi-ay 
facility operating and maintenance costs. 
(3) The city shall comply with all explosive safety criteria 
affecting the city's use of the lease and easement areas, as 
established by the Secretary in connection with the explosive 
safety areas supporting the ordinance handling wharves located 
at West Loch Branch, Naval Magazine, Lualualei, Hawaii. 
(4) The city shall, at its own cost and to the satisfaction 
of the Secretary, make any and all improvements to Waipio 
Point Access Road which the city determines are necessary 
to provide onstreet parking along said road, and adequate 
access to the parcel, including, but not limited to, any necessary 
appurtenant utility and drainage improvements. During the 
term of said easement, the cost of maintenance, repair and 
replacement of said road and improvements shall be borne 
by the city. 
(5) The city shall install a non-potable irrigation water 
delivery system to service the parcel, and in doing so, the 
city shall size transmission lines capable of delivering approxi-
mately 2.5 million additional gallons of irrigation water per 
day to agricultural lands on Waipio Peninsula under the control 
of the Secretary. 
(e) TERMINATION.—If the Secretary determines at any time 
that the parcel is not being used for a purpose specified in sub-
section (d)(1), the lease and easement authorized under subsections 
(a) and (b) may be terminated, and all right, title, £ind interest 
in and to such real property, including any improvements thereon, 
shall revert to the United States, and the United States shall 
have the right of immediate entry thereon. 
PUBLIC LAW 105-45—SEPT. 30, 1997 
111 STAT. 1151 
(f) EFFECT OF EXPIRATION OF LEASE.—Unless otherwise specifi-
cally provided for in this section, at the end of the lease and 
easement term, the city shall either convey, without reimbursement, 
to the United States, all right, title, and interest of the city in 
and to the improvements subject to said lease and easement, or 
restore, to the extent practicable, the lease and easement areas 
to the satisfaction of the Secretary. 
(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property subject to this section shall be deter-
mined by a survey satisfactory to the Secretary. The cost of such 
survey shall be borne by the city. 
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the lease and easement to be granted under this section as the 
Secretary considers appropriate to protect the interests of the 
United States. 
SEC. 128. (a) Not later than 60 days before issuing any solicita- Notice. 
tion for a contract with the private sector for military family housing 
or military unaccompanied housing, the Secretary of the military 
department concerned shall submit to the congressional defense 
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 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. 
(c) In this section, the term "congressional defense committees" 
means the following: 
(1) The Committee on Armed Services and the Military 
Construction Subcommittee, Committee on Appropriations of 
the Senate. 
I l l STAT. 1152 
PUBLIC LAW 105-45—SEPT. 30, 1997 
(2) The Committee on National Security and the Military 
Construction Subcommittee, Committee on Appropriations of 
the House of Representatives. 
This Act may be cited as the "Military Construction Appropria-
tions Act, 1998' 
Approved September 30, 1997. 
ENDNOTE: On February 25, 1998, Congress enacted into law "An Act disapproving the can-
cellations transmitted by the President on October 6, 1997, regarding Public Law 105-45," (P.L. 
105-159; 112 Stat. 19). 
LEGISLATIVE HISTORY—H.R. 2016: 
HOUSE REPORTS: Nos. 105-150 (Comm. on Appropriations) and 105-247 (Comm. 
of Conference). 
SENATE REPORTS: No. 105-52 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
July 8, considered and passed House. 
July 22, considered and passed Senate, amended. 
Sept. 16, House agreed to conference report. 
Sept. 17, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
Sept. 30, Presidential statement. 
Oct. 6, President's special message on line item veto. 
FEDERAL REGISTER, Vol. 62 (1997): 
Oct. 7, Cancellation of items pursuant to the Line Item Veto Act.