Page:United States Statutes at Large Volume 119.djvu/2399

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[119 STAT. 2381]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 2381]

PUBLIC LAW 109–114—NOV. 30, 2005 (TRANSFER

119 STAT. 2381

OF FUNDS)

SEC. 128. None of the funds made available in this title, or in any Act making appropriations for military construction which remain available for obligation, may be obligated or expended to carry out a military construction, land acquisition, or family housing project at or for a military installation approved for closure, or at a military installation for the purposes of supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), unless such a project at a military installation approved for realignment will support a new mission or function that is planned for that installation, or unless the Secretary of Defense certifies that the cost to the United States of carrying out such project would be less than the cost to the United States of cancelling such project, or if the project is at an active component base that shall be established as an enclave or in the case of projects having multi-agency use, that another Government agency has indicated it will assume ownership of the completed project. The Secretary of Defense may not transfer funds made available as a result of this limitation from any military construction project, land acquisition, or family housing project to another account or use such funds for another purpose or project without the prior approval of the Committees on Appropriations of both Houses of Congress. SEC. 129. (a) Of the amount in the Department of Defense Base Closure Account 1990 under section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) that is derived from the disposal of Department of the Navy property under that Act, not less than $300,000,000 shall be available exclusively to the Department of the Navy for the costs of environmental restoration and property management and disposal of property at installations of the Department of the Navy closed or realigned under that Act. (b) The amount available under subsection (a) shall remain available for the costs specified in that subsection until expended. (c) Not later than 45 days after the date of enactment of this Act, the Secretary of the Navy shall submit to the Committees on Appropriations of both Houses of Congress a report containing a plan for the use of the funds made available under subsection (a) for environmental restoration, and for property management and disposal, at covered Navy installations, including specific sites and work to be accomplished at those sites. None of the funds made available under subsection (a) shall be obligated until both of such committees approve such report or the expiration of the 30-day period beginning on the date such committees receive such report, whichever occurs earlier. SEC. 130. Not later than 45 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Appropriations of both of Houses of Congress a report containing a housing plan for Spangdahlem Air Base, Germany, as outlined in the Statement of Managers accompanying the Conference report for H.R. 2528 of the 109th Congress. None of the funds made available in this title shall be used for the construction of family housing at Spangdahlem Air Base, Germany, until both of such committees approve such report or the expiration

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