DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.

SEC. 3005. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005. (a) Establishment.—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) is amended by inserting after section 2906 the following new section: “SEC. 2906A. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005. “(a) In General.—(1) If the Secretary makes the certifications required under section 2912(b), there shall be established on the books of the Treasury an account to be known as the ‘Department of Defense Base Closure Account 2005’ (in this section referred to as the ‘Account’). The Account shall be administered by the Secretary as a single account. “(2) There shall be deposited into the Account— “(A) funds authorized for and appropriated to the Account; “(B) any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of Defense for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees; and “(C) except as provided in subsection (d), proceeds received from the lease, transfer, or disposal of any property at a military installation that is closed or realigned under this part pursuant to a closure or realignment the date of approval of which is after January 1, 2005. “(3) The Account shall be closed at the time and in the manner provided for appropriation accounts under section 1555 of title 31, United States Code. Unobligated funds which remain in the Account upon closure shall be held by the Secretary of the Treasury until transferred by law after the congressional defense committees receive the final report transmitted under subsection (c)(2). “(b) Use of Funds.—(1) The Secretary may use the funds in the Account only for the purposes described in section 2905 with respect to military installations the date of approval of closure or realignment of which is after January 1, 2005. “(2) When a decision is made to use funds in the Account to carry out a construction project under section 2905(a) and the cost of the project will exceed the maximum amount authorized by law for a minor military construction project, the Secretary shall notify in writing the congressional defense committees of the nature of, and justification for, the project and the amount of expenditures for such project. Any such construction project may be carried out without regard to section 2802(a) of title 10, United States Code. 115 STAT. 1349 “(c) Reports.—(1)(A) No later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this part using amounts in the Account, the Secretary shall transmit a report to the congressional defense committees of the amount and nature of the deposits into, and the expenditures from, the Account during such fiscal year and of the amount and nature of other expenditures made pursuant to section 2905(a) during such fiscal year. “(B) The report for a fiscal year shall include the following: “(i) The obligations and expenditures from the Account during the fiscal year, identified by subaccount, for each military department and Defense Agency. “(ii) The fiscal year in which appropriations for such expenditures were made and the fiscal year in which funds were obligated for such expenditures. “(iii) Each military construction project for which such obligations and expenditures were made, identified by installation and project title. “(iv) A description and explanation of the extent, if any, to which expenditures for military construction projects for the fiscal year differed from proposals for projects and funding levels that were included in the justification transmitted to Congress under section 2907(1), or otherwise, for the funding proposals for the Account for such fiscal year, including an explanation of— “(I) any failure to carry out military construction projects that were so proposed; and “(II) any expenditures for military construction projects that were not so proposed. “(2) No later than 60 days after the termination of the authority of the Secretary to carry out a closure or realignment under this part with respect to military installations the date of approval of closure or realignment of which is after January 1, 2005, and no later than 60 days after the closure of the Account under subsection (a)(3), the Secretary shall transmit to the congressional defense committees a report containing an accounting of— “(A) all the funds deposited into and expended from the Account or otherwise expended under this part with respect to such installations; and “(B) any amount remaining in the Account. “(d) Disposal or Transfer of Commissary Stores and Property Purchased With Nonappropriated Funds.—(1) If any real property or facility acquired, constructed, or improved (in whole or in part) with commissary store funds or nonappropriated funds is transferred or disposed of in connection with the closure or realignment of a military installation under this part the date of approval of closure or realignment of which is after January 1, 2005, a portion of the proceeds of the transfer or other disposal of property on that installation shall be deposited in the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note). “(2) The amount so deposited shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated value of the investment shall be computed in accordance with regulations prescribed by the Secretary. 115 STAT. 1350 “(3) The Secretary may use amounts in the reserve account, without further appropriation, for the purpose of acquiring, constructing, and improving— “(A) commissary stores; and “(B) real property and facilities for nonappropriated fund instrumentalities. “(4) In this subsection, the terms ‘commissary store funds’, ‘nonappropriated funds’, and ‘nonappropriated fund instrumentality’ shall have the meaning given those terms in section 2906(d)(4). “(e) Account Exclusive Source of Funds For Environmental Restoration Projects.—Except as provided in section 2906(e) with respect to funds in the Department of Defense Base Closure Account 1990 under section 2906 and except for funds deposited into the Account under subsection (a), funds appropriated to the Department of Defense may not be used for purposes described in section 2905(a)(1)(C). The prohibition in this subsection shall expire upon the closure of the Account under subsection (a)(3).”. (b) Conforming Amendments.—Section 2906 of that Act is amended— (1) in subsection (a)(2)(C), by inserting “the date of approval of closure or realignment of which is before January 1, 2005” after “under this part”; (2) in subsection (b)(1), by inserting “with respect to military installations the date of approval of closure or realignment of which is before January 1, 2005,” after “section 2905”; (3) in subsection (c)(2)— (A) in the matter preceding subparagraph (A), by inserting “with respect to military installations the date of approval of closure or realignment of which is before January 1, 2005,” after “under this part”; and (B) in subparagraph (A), by inserting “with respect to such installations” after “under this part”; (4) in subsection (d)(1), by inserting “the date of approval of closure or realignment of which is before January 1, 2005” after “under this part”; and (5) in subsection (e), by striking “Except for” and inserting “Except as provided in section 2906A(e) with respect to funds in the Department of Defense Base Closure Account 2005 under section 2906A and except for”. (c) Clerical Amendment.—The section heading of section 2906 of that Act is amended by striking “ACCOUNT” and inserting “DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990”.