[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2559 Public Print (PP)]

  1st Session
                                H. R. 2559


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2003

         Ordered to be printed with the amendment of the Senate
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for military construction, family housing, and 
  base realignment and closure for the Department of Defense for the 
     fiscal year ending September 30, 2004, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <DELETED>That the 
following sums are appropriated, out of any money in the Treasury not 
otherwise appropriated for military construction, family housing, and 
base realignment and closure functions administered by the Department 
of Defense, for the fiscal year ending September 30, 2004, and for 
other purposes, namely:

             <DELETED>Military Construction, Army</DELETED>

               <DELETED>(including rescissions)</DELETED>

<DELETED>    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, military installations, 
facilities, 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, $1,533,660,000, to remain 
available until September 30, 2008: Provided, That of this amount, not 
to exceed $122,710,000 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 Congress of his determination and 
the reasons therefor: Provided further, That of the funds appropriated 
for ``Military Construction, Army'' under Public Law 107-249, 
$142,200,000 are rescinded: Provided further, That of the funds 
appropriated for ``Military Construction, Army'' under Public Law 107-
64, $24,000,000 are rescinded: Provided further, That of the funds 
appropriated for ``Military Construction, Army'' under Public Law 106-
246, $17,415,000 are rescinded.</DELETED>

             <DELETED>Military Construction, Navy</DELETED>

               <DELETED>(including rescissions)</DELETED>

<DELETED>    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 
appropriation, $1,211,077,000, to remain available until September 30, 
2008: Provided, That of this amount, not to exceed $65,612,000 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: Provided further, That of the 
funds appropriated for ``Military Construction, Navy'' under Public Law 
107-249, $27,213,000 are rescinded: Provided further, That of the funds 
appropriated for ``Military Construction, Navy'' under Public Law 107-
64, $12,109,000 are rescinded.</DELETED>

          <DELETED>Military Construction, Air Force</DELETED>

<DELETED>    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $896,136,000, to remain available until September 30, 2008: 
Provided, That of this amount, not to exceed $80,543,000 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.</DELETED>

         <DELETED>Military Construction, Defense-Wide</DELETED>

    <DELETED>(including rescission and transfer of funds)</DELETED>

<DELETED>    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 authorized by law, 
$813,613,000, to remain available until September 30, 2008: 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 $63,884,000 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: Provided further, That of the funds appropriated 
for ``Military Construction, Defense-wide'' under Public Law 107-249, 
$32,680,000 are rescinded.</DELETED>

     <DELETED>Military Construction, Army National Guard</DELETED>

<DELETED>    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 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $208,033,000, to remain available until September 
30, 2008.</DELETED>

      <DELETED>Military Construction, Air National Guard</DELETED>

<DELETED>    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 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $77,105,000, to remain available until September 
30, 2008.</DELETED>

         <DELETED>Military Construction, Army Reserve</DELETED>

<DELETED>    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $84,569,000, to 
remain available until September 30, 2008.</DELETED>

        <DELETED>Military Construction, Naval Reserve</DELETED>

<DELETED>    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 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $38,992,000, to remain available until September 
30, 2008.</DELETED>

      <DELETED>Military Construction, Air Force Reserve</DELETED>

<DELETED>    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and administration of the 
Air Force Reserve as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, $56,212,000, 
to remain available until September 30, 2008.</DELETED>

         <DELETED>North Atlantic Treaty Organization</DELETED>

             <DELETED>Security Investment Program</DELETED>

<DELETED>    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, $169,300,000, to remain available 
until expended.</DELETED>

          <DELETED>Family Housing Construction, Army</DELETED>

               <DELETED>(including rescission)</DELETED>

<DELETED>    For expenses of family housing for the Army for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration, as authorized by law, $409,191,000, to remain 
available until September 30, 2008: Provided, That of the funds 
appropriated for ``Family Housing Construction, Army'' under Public Law 
107-249, $52,300,000 are rescinded.</DELETED>

   <DELETED>Family Housing Operation and Maintenance, Army</DELETED>

<DELETED>    For expenses of family housing for the Army for operation 
and maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $1,043,026,000.</DELETED>

 <DELETED>Family Housing Construction, Navy and Marine Corps</DELETED>

               <DELETED>(including rescission)</DELETED>

<DELETED>    For expenses of family housing for the Navy and Marine 
Corps for construction, including acquisition, replacement, addition, 
expansion, extension and alteration, as authorized by law, 
$184,193,000, to remain available until September 30, 2008: Provided, 
That of the funds appropriated for ``Family Housing Construction, Navy 
and Marine Corps'' under Public Law 107-249, $3,585,000 are 
rescinded.</DELETED>

  <DELETED>Family Housing Operation and Maintenance, Navy and Marine 
                            Corps</DELETED>

<DELETED>    For expenses of family housing for the Navy and Marine 
Corps for operation and maintenance, including debt payment, leasing, 
minor construction, principal and interest charges, and insurance 
premiums, as authorized by law, $852,778,000.</DELETED>

       <DELETED>Family Housing Construction, Air Force</DELETED>

               <DELETED>(including rescissions)</DELETED>

<DELETED>    For expenses of family housing for the Air Force for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration, as authorized by law, $657,065,000, to remain 
available until September 30, 2008: Provided, That of the funds 
appropriated for ``Family Housing Construction, Air Force'' under 
Public Law 107-249, $19,347,000 are rescinded: Provided further, That 
of the funds appropriated for ``Family Housing Construction, Air 
Force'' under Public Law 105-237, $9,692,000 are rescinded.</DELETED>

 <DELETED>Family Housing Operation and Maintenance, Air Force</DELETED>

<DELETED>    For expenses of family housing for the Air Force for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $826,074,000.</DELETED>

      <DELETED>Family Housing Construction, Defense-Wide</DELETED>

<DELETED>    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, as authorized by law, 
$350,000, to remain available until September 30, 2008.</DELETED>

      <DELETED>Family Housing Operation and Maintenance, Defense-
                             Wide</DELETED>

<DELETED>    For expenses of family housing for the activities and 
agencies of the Department of Defense (other than the military 
departments) for operation and maintenance, leasing, and minor 
construction, as authorized by law, $49,440,000.</DELETED>

       <DELETED>Department of Defense Family Housing Improvement 
                             Fund</DELETED>

<DELETED>    For the Department of Defense Family Housing Improvement 
Fund, $300,000, to remain available until expended, 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.</DELETED>

        <DELETED>Base Realignment and Closure Account</DELETED>

<DELETED>    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), $370,427,000, to 
remain available until expended.</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    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 construction, 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.</DELETED>
<DELETED>    Sec. 102. Funds appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor 
vehicles.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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 
designee; (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.</DELETED>
<DELETED>    Sec. 106. None of the funds appropriated in Military 
Construction 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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 111. None of the funds appropriated in Military 
Construction Appropriations Acts 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 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.</DELETED>
<DELETED>    Sec. 112. None of the funds appropriated in Military 
Construction 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 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.</DELETED>
<DELETED>    Sec. 113. The Secretary of Defense is to inform the 
appropriate committees 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.</DELETED>
<DELETED>    Sec. 114. Not more than 20 percent of the appropriations 
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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 117. Notwithstanding any other provision of law, any 
funds appropriated 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 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 amount by which the cost 
of such project is increased pursuant to law.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 118. During the 5-year period after appropriations 
available to the Department of Defense for military construction and 
family housing operation and maintenance and construction have expired 
for obligation, upon a determination that such appropriations 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 Fluctuations, Construction, Defense'' 
to be merged with and to be available for the same time period and for 
the same purposes as the appropriation to which transferred.</DELETED>
<DELETED>    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 Sea to assume a greater 
share of the common defense burden of such nations and the United 
States.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 120. 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 Defense 
Authorization Act, 1991, to be merged with, and to be available for the 
same purposes and the same time period as that account.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 121. 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 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 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.</DELETED>
<DELETED>    Sec. 122. None of the funds appropriated or made available 
by this Act may be obligated for Partnership for Peace Programs in the 
New Independent States of the former Soviet Union.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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 Defense Authorization Act, 1991, to the 
fund established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Program. 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.</DELETED>
<DELETED>    Sec. 124. Notwithstanding this or any other provision of 
law, funds appropriated in Military Construction Appropriations 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 maintenance and 
repair of any general or flag officer quarters without 30 days advance 
prior notification to the appropriate 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 remediation 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.</DELETED>
<DELETED>    Sec. 125. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of the 
United States Government, except pursuant to a transfer made by, or 
transfer authority provided in, this Act or any other appropriation 
Act.</DELETED>
<DELETED>    Sec. 126. None of the funds appropriated in this Act for 
the Department of the Army for military construction projects in the 
Republic of Korea may be obligated or expended for projects at Camp 
Humphreys in the Republic of Korea until the Secretary of Defense 
certifies and reports to the appropriate committees of Congress that 
the United States and the Republic of Korea have entered into an 
agreement on the availability and use of land sufficient for such 
projects. The certification must be presented to the committees no 
later than September 30, 2004, or the funds expire.</DELETED>
<DELETED>    This Act may be cited as the ``Military Construction 
Appropriations Act, 2004''.</DELETED>
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated for military construction, family 
housing, and base realignment and closure functions administered by the 
Department of Defense, for the fiscal year ending September 30, 2004, 
and for other purposes, namely:

                      Military Construction, Army

                         (including rescission)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, 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, $1,255,155,000, to remain 
available until September 30, 2008: Provided, That of this amount, not 
to exceed $134,645,000, 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 Congress of his determination and 
the reasons therefor: Provided further, That of the funds appropriated 
for ``Military Construction, Army'' in previous Military Construction 
Appropriation Acts, $183,615,000 are rescinded.

                      Military Construction, Navy

                         (including rescission)

    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 
appropriation, $1,195,659,000, to remain available until September 30, 
2008: Provided, That of this amount, not to exceed $77,283,000, 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: Provided 
further, That of the funds appropriated for ``Military Construction, 
Navy'' in previous Military Construction Appropriation Acts, 
$39,322,000 are rescinded.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $1,056,377,000, to remain available until September 30, 2008: 
Provided, That of this amount, not to exceed $112,075,000, 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, Defense-wide

             (including transfer and rescissions 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 authorized by law, 
$712,567,000, to remain available until September 30, 2008: 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 $70,881,000, 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: Provided further, That of the funds appropriated 
for ``Military Construction, Defense-wide'' in previous Military 
Construction Appropriation Acts, $32,680,000 are rescinded.

               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 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $304,085,000, to remain available until September 
30, 2008.

               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 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $221,013,000, to remain available until September 
30, 2008.

                  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 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $73,979,000, to 
remain available until September 30, 2008.

                  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 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $34,742,000, to remain available until September 
30, 2008.

                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 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $57,426,000, to 
remain available until September 30, 2008.

                   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, $169,300,000, to remain available until expended.

                   Family Housing Construction, Army

                         (including rescission)

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension and 
alteration, as authorized by law, $409,191,000, to remain available 
until September 30, 2008: Provided, That of the funds appropriated for 
``Family Housing Construction, Army'' in previous Military Construction 
Appropriation Acts, $52,300,000 are rescinded.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $1,043,026,000, to remain available until September 30, 2005.

           Family Housing Construction, Navy and Marine Corps

                         (including rescission)

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension and alteration, as authorized by law, $184,193,000, to remain 
available until September 30, 2008: Provided, That of the funds 
appropriated for ``Family Housing Construction, Navy and Marine Corps'' 
in previous Military Construction Appropriation Acts, $3,585,000 are 
rescinded.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $852,778,000, to remain available until September 
30, 2005.

                 Family Housing Construction, Air Force

                         (including rescission)

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension and 
alteration, as authorized by law, $657,026,000, to remain available 
until September 30, 2008: Provided, That of the funds appropriated for 
``Family Housing Construction, Air Force'' in previous Military 
Construction Appropriation Acts, $29,039,000 are rescinded.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $834,468,000, to remain available until September 30, 2005.

               Family Housing Construction, 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, as authorized by law, $350,000, to remain 
available until September 30, 2008.

         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 military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $49,440,000, to remain available until September 30, 
2005.

         Department of Defense Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$300,000, to remain available until expended, 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.

                  Base Realignment and Closure Account

    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), $370,427,000, to remain 
available until expended.

               GENERAL PROVISIONS--MILITARY CONSTRUCTION

    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 construction, 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.
    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 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 designee; (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) 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 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 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 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 architect and engineer 
contracts estimated by the Government to exceed $500,000 for projects 
to be accomplished in Japan, 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 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 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 appropriations 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.

                          (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 
appropriated 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 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 amount by which the cost 
of such project is increased pursuant to law.

                          (transfer of funds)

    Sec. 118. During the 5-year period after appropriations available 
to the Department of Defense for military construction and family 
housing operation and maintenance and construction have expired for 
obligation, upon a determination that such appropriations 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 Fluctuations, Construction, Defense'' to be merged with and to 
be available for the same time period and for the same purposes as the 
appropriation 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 Sea to assume a greater share of the common 
defense burden of such nations and the United States.

                          (transfer of funds)

    Sec. 120. 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 Defense Authorization Act, 
1991, to be merged with, and to be available for the same purposes and 
the same time period as that account.

                          (transfer of funds)

    Sec. 121. 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 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 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.
    Sec. 122. None of the funds appropriated or made available by this 
Act may be obligated for Partnership for Peace Programs in the New 
Independent States of the former Soviet Union.
    Sec. 123. (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 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 
        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:
            (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.

                          (transfer of funds)

    Sec. 124. 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 Defense Authorization Act, 1991, to the fund 
established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Program. 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. 125. Notwithstanding this or any other provision of law, funds 
appropriated in Military Construction Appropriations 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 maintenance and 
repair of any general or flag officer quarters without 30 days advance 
prior notification to the appropriate 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 remediation 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: Provided further, That nothing herein precludes 
the Secretary concerned from using funds pursuant to 10 U.S.C. 2601.
    Sec. 126. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 127. 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 2004 for 
that program that remain available for obligation, may be obligated or 
expended for the conduct of studies of missile defense.
    Sec. 128. (a) Commission on Review of Overseas Military Facility 
Structure of the United States.--(1) There is established the 
Commission on the Review of the Overseas Military Facility Structure of 
the United States (in this section referred to as the ``Commission'').
    (2)(A) The Commission shall be composed of 8 members of whom--
            (i) 2 shall be appointed by the Majority Leader of the 
        Senate;
            (ii) 2 shall be appointed by the Minority Leader of the 
        Senate;
            (iii) 2 shall be appointed by the Speaker of the House of 
        Representatives; and
            (iv) 2 shall be appointed by the Minority Leader of the 
        House of Representatives.
    (B) Individuals appointed to the Commission shall have significant 
experience in the national security or foreign policy of the United 
States.
    (C) Appointments of the members of the Commission shall be made not 
later than 45 days after the date of the enactment of this Act.
    (3) Members shall be appointed for the life of the Commission. Any 
vacancy in the Commission shall not affect its powers, but shall be 
filled in the same manner as the original appointment.
    (4) Not later than 30 days after the date on which all members of 
the Commission have been appointed, the Commission shall hold its first 
meeting.
    (5) The Commission shall meet at the call of the Chairman.
    (6) A majority of the members of the Commission shall constitute a 
quorum, but a lesser number of members may hold hearings.
    (7) The Commission shall select a Chairman and Vice Chairman from 
among its members.
    (b) Duties.--(1) The Commission shall conduct a thorough study of 
matters relating to the military facility structure of the United 
States overseas.
    (2) In conducting the study, the Commission shall--
            (A) assess the number of forces required to be forward 
        based outside the United States;
            (B) examine the current state of the military facilities 
        and training ranges of the United States overseas for all 
        permanent stations and deployed locations, including the 
        condition of land and improvements at such facilities and 
        ranges and the availability of additional land, if required, 
        for such facilities and ranges;
            (C) identify the amounts received by the United States, 
        whether in direct payments, in-kind contributions, or 
        otherwise, from foreign countries by reason of military 
        facilities of the United States overseas;
            (D) assess whether or not the current military basing and 
        training range structure of the United States overseas is 
        adequate to meet the current and future mission of the 
        Department of Defense, including contingency, mobilization, and 
        future force requirements;
            (E) assess the feasibility and advisability of the closure 
        or realignment of military facilities of the United States 
        overseas, or of the establishment of new military facilities of 
        the United States overseas; and
            (F) consider or assess any other issue relating to military 
        facilities of the United States overseas that the Commission 
        considers appropriate.
    (3)(A) Not later than August 30, 2004, the Commission shall submit 
to the President and Congress a report which shall contain a detailed 
statement of the findings and conclusions of the Commission, together 
with its recommendations for such legislation and administrative 
actions as it considers appropriate.
    (B) In addition to the matters specified in subparagraph (A), the 
report shall also include a proposal by the Commission for an overseas 
basing strategy for the Department of Defense in order to meet the 
current and future mission of the Department.
    (c) Powers.--(1) The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out this 
section.
    (2) The Commission may secure directly from any Federal department 
or agency such information as the Commission considers necessary to 
carry out this section. Upon request of the Chairman of the Commission, 
the head of such department or agency shall furnish such information to 
the Commission.
    (3) Upon request of the Commission, the Administrator of General 
Services shall provide to the Commission, on a reimbursable basis, the 
administrative support necessary for the Commission to carry out its 
duties under this section.
    (4) The Commission may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the Federal Government.
    (5) The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (d) Personnel Matters.--(1) Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission under this section. All members of the 
Commission who are officers or employees of the United States shall 
serve without compensation in addition to that received for their 
services as officers or employees of the United States.
    (2)(A) Members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission under this 
section.
    (B) Members and staff of the Commission may receive transportation 
on aircraft of the Military Airlift Command to and from the United 
States, and overseas, for purposes of the performance of the duties of 
the Commission to the extent that such transportation will not 
interfere with the requirements of military operations.
    (3)(A) The Chairman of the Commission may, without regard to the 
civil service laws and regulations, appoint and terminate an executive 
director and such other additional personnel as may be necessary to 
enable the Commission to perform its duties under this section. The 
employment of an executive director shall be subject to confirmation by 
the Commission.
    (B) The Commission may employ a staff to assist the Commission in 
carrying out its duties. The total number of the staff of the 
Commission, including an executive director under subparagraph (A), may 
not exceed 12.
    (C) The Chairman of the Commission may fix the compensation of the 
executive director and other personnel without regard to chapter 51 and 
subchapter III of chapter 53 of title 5, United States Code, relating 
to classification of positions and General Schedule pay rates, except 
that the rate of pay for the executive director and other personnel may 
not exceed the rate payable for level V of the Executive Schedule under 
section 5316 of such title.
    (4) Any employee of the Department of Defense, the Department of 
State, or the General Accounting Office may be detailed to the 
Commission without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege.
    (5) The Chairman of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, at rates for individuals which do not exceed the daily equivalent 
of the annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of such title.
    (e) Security.--(1) Members and staff of the Commission, and any 
experts and consultants to the Commission, shall possess security 
clearances appropriate for their duties with the Commission under this 
section.
    (2) The Secretary of Defense shall assume responsibility for the 
handling and disposition of any information relating to the national 
security of the United States that is received, considered, or used by 
the Commission under this section.
    (f) Termination.--The Commission shall terminate 45 days after the 
date on which the Commission submits its report under subsection (b).
    (g) Funding.--(1) Of the amount appropriated by this Act, 
$3,000,000 shall be available to the Commission to carry out this 
section.
    (2) The amount made available by paragraph (1) shall remain 
available, without fiscal year limitation, until September 2005.
    This Act may be cited as the ``Military Construction Appropriations 
Act, 2004''.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

            Passed the Senate July 11, 2003.

            Attest:

                                             Emily J. Reynolds,

                                                             Secretary.