IB 

108TH CONGRESS 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated for 

5 military construction, family housing, and base realign6 ment and closure functions administered by the Depart7 ment of Defense, for the fiscal year ending September 30, 

8 2004, and for other purposes, namely:
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1 MILITARY CONSTRUCTION, ARMY

2 (INCLUDING RESCISSIONS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, military 

5 installations, facilities, and real property for the Army as 

6 currently authorized by law, including personnel in the 

7 Army Corps of Engineers and other personal services nec8 essary for the purposes of this appropriation, and for con9 struction and operation of facilities in support of the func10 tions of the Commander in Chief, $1,533,660,000, to re11 main available until September 30, 2008: Provided, That 

12 of this amount, not to exceed $122,710,000 shall be avail13 able for study, planning, design, architect and engineer 

14 services, and host nation support, as authorized by law, 

15 unless the Secretary of Defense determines that additional 

16 obligations are necessary for such purposes and notifies 

17 the Committees on Appropriations of both Houses of Con18 gress of his determination and the reasons therefor: Pro19 vided further, That of the funds appropriated for ‘‘Military 

20 Construction, Army’’ under Public Law 107–249, 

21 $142,200,000 are rescinded: Provided further, That of the 

22 funds appropriated for ‘‘Military Construction, Army’’ 

23 under Public Law 107–64, $24,000,000 are rescinded: 

24 Provided further, That of the funds appropriated for ‘‘Mili-
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1 tary Construction, Army’’ under Public Law 106–246, 

2 $17,415,000 are rescinded. 

3 MILITARY CONSTRUCTION, NAVY

4 (INCLUDING RESCISSIONS)

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, naval in7 stallations, facilities, and real property for the Navy as 

8 currently authorized by law, including personnel in the 

9 Naval Facilities Engineering Command and other per10 sonal services necessary for the purposes of this appropria11 tion, $1,211,077,000, to remain available until September 

12 30, 2008: Provided, That of this amount, not to exceed 

13 $65,612,000 shall be available for study, planning, design, 

14 architect and engineer services, as authorized by law, un15 less the Secretary of Defense determines that additional 

16 obligations are necessary for such purposes and notifies 

17 the Committees on Appropriations of both Houses of Con18 gress of his determination and the reasons therefor: Pro19 vided further, That of the funds appropriated for ‘‘Military 

20 Construction, Navy’’ under Public Law 107–249, 

21 $27,213,000 are rescinded: Provided further, That of the 

22 funds appropriated for ‘‘Military Construction, Navy’’ 

23 under Public Law 107–64, $12,109,000 are rescinded. 
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1 MILITARY CONSTRUCTION, AIR FORCE

2 For acquisition, construction, installation, and equip3 ment of temporary or permanent public works, military 

4 installations, facilities, and real property for the Air Force 

5 as currently authorized by law, $896,136,000, to remain 

6 available until September 30, 2008: Provided, That of this 

7 amount, not to exceed $80,543,000 shall be available for 

8 study, planning, design, architect and engineer services, 

9 as authorized by law, unless the Secretary of Defense de10 termines that additional obligations are necessary for such 

11 purposes and notifies the Committees on Appropriations 

12 of both Houses of Congress of his determination and the 

13 reasons therefor. 

14 MILITARY CONSTRUCTION, DEFENSE-WIDE

15 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

16 For acquisition, construction, installation, and equip17 ment of temporary or permanent public works, installa18 tions, facilities, and real property for activities and agen19 cies of the Department of Defense (other than the military 

20 departments), as currently authorized by law, 

21 $813,613,000, to remain available until September 30, 

22 2008: Provided, That such amounts of this appropriation 

23 as may be determined by the Secretary of Defense may 

24 be transferred to such appropriations of the Department 

25 of Defense available for military construction or family 
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1 housing as he may designate, to be merged with and to 

2 be available for the same purposes, and for the same time 

3 period, as the appropriation or fund to which transferred: 

4 Provided further, That of the amount appropriated, not 

5 to exceed $63,884,000 shall be available for study, plan6 ning, design, architect and engineer services, as authorized 

7 by law, unless the Secretary of Defense determines that 

8 additional obligations are necessary for such purposes and 

9 notifies the Committees on Appropriations of both Houses 

10 of Congress of his determination and the reasons therefor: 

11 Provided further, That of the funds appropriated for ‘‘Mili12 tary Construction, Defense-wide’’ under Public Law 107–

13 249, $32,680,000 are rescinded. 

14 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

15 For construction, acquisition, expansion, rehabilita16 tion, and conversion of facilities for the training and ad17 ministration of the Army National Guard, and contribu18 tions therefor, as authorized by chapter 1803 of title 10, 

19 United States Code, and Military Construction Authoriza20 tion Acts, $208,033,000, to remain available until Sep21 tember 30, 2008. 

22 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

23 For construction, acquisition, expansion, rehabilita24 tion, and conversion of facilities for the training and ad25 ministration of the Air National Guard, and contributions 
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1 therefor, as authorized by chapter 1803 of title 10, United 

2 States Code, and Military Construction Authorization 

3 Acts, $77,105,000, to remain available until September 

4 30, 2008. 

5 MILITARY CONSTRUCTION, ARMY RESERVE

6 For construction, acquisition, expansion, rehabilita7 tion, and conversion of facilities for the training and ad8 ministration of the Army Reserve as authorized by chapter 

9 1803 of title 10, United States Code, and Military Con10 struction Authorization Acts, $84,569,000, to remain 

11 available until September 30, 2008. 

12 MILITARY CONSTRUCTION, NAVAL RESERVE

13 For construction, acquisition, expansion, rehabilita14 tion, and conversion of facilities for the training and ad15 ministration of the reserve components of the Navy and 

16 Marine Corps as authorized by chapter 1803 of title 10, 

17 United States Code, and Military Construction Authoriza18 tion Acts, $38,992,000, to remain available until Sep19 tember 30, 2008. 

20 MILITARY CONSTRUCTION, AIR FORCE RESERVE

21 For construction, acquisition, expansion, rehabilita22 tion, and conversion of facilities for the training and ad23 ministration of the Air Force Reserve as authorized by 

24 chapter 1803 of title 10, United States Code, and Military 
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1 Construction Authorization Acts, $56,212,000, to remain 

2 available until September 30, 2008. 

3 NORTH ATLANTIC TREATY ORGANIZATION

4 SECURITY INVESTMENT PROGRAM

5 For the United States share of the cost of the North 

6 Atlantic Treaty Organization Security Investment Pro7 gram for the acquisition and construction of military fa8 cilities and installations (including international military 

9 headquarters) and for related expenses for the collective 

10 defense of the North Atlantic Treaty Area as authorized 

11 in Military Construction Authorization Acts and section 

12 2806 of title 10, United States Code, $169,300,000, to 

13 remain available until expended. 

14 FAMILY HOUSING CONSTRUCTION, ARMY

15 (INCLUDING RESCISSION)

16 For expenses of family housing for the Army for con17 struction, including acquisition, replacement, addition, ex18 pansion, extension and alteration, as authorized by law, 

19 $409,191,000, to remain available until September 30, 

20 2008: Provided, That of the funds appropriated for ‘‘Fam21 ily Housing Construction, Army’’ under Public Law 107–

22 249, $52,300,000 are rescinded. 
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1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 ARMY

3 For expenses of family housing for the Army for op4 eration and maintenance, including debt payment, leasing, 

5 minor construction, principal and interest charges, and in6 surance premiums, as authorized by law, $1,043,026,000. 

7 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

8 CORPS

9 (INCLUDING RESCISSION)

10 For expenses of family housing for the Navy and Ma11 rine Corps for construction, including acquisition, replace12 ment, addition, expansion, extension and alteration, as au13 thorized by law, $184,193,000, to remain available until 

14 September 30, 2008: Provided, That of the funds appro15 priated for ‘‘Family Housing Construction, Navy and Ma16 rine Corps’’ under Public Law 107–249, $3,585,000 are 

17 rescinded. 

18 FAMILY HOUSING OPERATION AND MAINTENANCE, 

19 NAVY AND MARINE CORPS

20 For expenses of family housing for the Navy and Ma21 rine Corps for operation and maintenance, including debt 

22 payment, leasing, minor construction, principal and inter23 est charges, and insurance premiums, as authorized by 

24 law, $852,778,000. 
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1 FAMILY HOUSING CONSTRUCTION, AIR FORCE

2 (INCLUDING RESCISSIONS)

3 For expenses of family housing for the Air Force for 

4 construction, including acquisition, replacement, addition, 

5 expansion, extension and alteration, as authorized by law, 

6 $657,065,000, to remain available until September 30, 

7 2008: Provided, That of the funds appropriated for ‘‘Fam8 ily Housing Construction, Air Force’’ under Public Law 

9 107–249, $19,347,000 are rescinded: Provided further,

10 That of the funds appropriated for ‘‘Family Housing Con11 struction, Air Force’’ under Public Law 105–237, 

12 $9,692,000 are rescinded. 

13 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

14 FORCE

15 For expenses of family housing for the Air Force for 

16 operation and maintenance, including debt payment, leas17 ing, minor construction, principal and interest charges, 

18 and insurance premiums, as authorized by law, 

19 $826,074,000. 

20 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

21 For expenses of family housing for the activities and 

22 agencies of the Department of Defense (other than the 

23 military departments) for construction, including acquisi24 tion, replacement, addition, expansion, extension and al-
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1 teration, as authorized by law, $350,000, to remain avail2 able until September 30, 2008. 

3 FAMILY HOUSING OPERATION AND MAINTENANCE, 

4 DEFENSE-WIDE

5 For expenses of family housing for the activities and 

6 agencies of the Department of Defense (other than the 

7 military departments) for operation and maintenance, 

8 leasing, and minor construction, as authorized by law, 

9 $49,440,000. 

10 DEPARTMENT OF DEFENSE FAMILY HOUSING

11 IMPROVEMENT FUND

12 For the Department of Defense Family Housing Im13 provement Fund, $300,000, to remain available until ex14 pended, for family housing initiatives undertaken pursu15 ant to section 2883 of title 10, United States Code, pro16 viding alternative means of acquiring and improving mili17 tary family housing and supporting facilities. 

18 BASE REALIGNMENT AND CLOSURE ACCOUNT

19 For deposit into the Department of Defense Base 

20 Closure Account 1990 established by section 2906(a)(1) 

21 of the Department of Defense Authorization Act, 1991 

22 (Public Law 101–510), $370,427,000, to remain available 

23 until expended. 
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1 GENERAL PROVISIONS 

2 SEC. 101. None of the funds appropriated in Military 

3 Construction Appropriations Acts shall be expended for 

4 payments under a cost-plus-a-fixed-fee contract for con5 struction, where cost estimates exceed $25,000, to be per6 formed within the United States, except Alaska, without 

7 the specific approval in writing of the Secretary of Defense 

8 setting forth the reasons therefor. 

9 SEC. 102. Funds appropriated to the Department of 

10 Defense for construction shall be available for hire of pas11 senger motor vehicles. 

12 SEC. 103. Funds appropriated to the Department of 

13 Defense for construction may be used for advances to the 

14 Federal Highway Administration, Department of Trans15 portation, for the construction of access roads as author16 ized by section 210 of title 23, United States Code, when 

17 projects authorized therein are certified as important to 

18 the national defense by the Secretary of Defense. 

19 SEC. 104. None of the funds appropriated in this Act 

20 may be used to begin construction of new bases inside the 

21 continental United States for which specific appropria22 tions have not been made. 

23 SEC. 105. No part of the funds provided in Military 

24 Construction Appropriations Acts shall be used for pur25 chase of land or land easements in excess of 100 percent 
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1 of the value as determined by the Army Corps of Engi2 neers or the Naval Facilities Engineering Command, ex3 cept: (1) where there is a determination of value by a Fed4 eral court; (2) purchases negotiated by the Attorney Gen5 eral or his designee; (3) where the estimated value is less 

6 than $25,000; or (4) as otherwise determined by the Sec7 retary of Defense to be in the public interest. 

8 SEC. 106. None of the funds appropriated in Military 

9 Construction Appropriations Acts shall be used to: (1) ac10 quire land; (2) provide for site preparation; or (3) install 

11 utilities for any family housing, except housing for which 

12 funds have been made available in annual Military Con13 struction Appropriations Acts. 

14 SEC. 107. None of the funds appropriated in Military 

15 Construction Appropriations Acts for minor construction 

16 may be used to transfer or relocate any activity from one 

17 base or installation to another, without prior notification 

18 to the Committees on Appropriations. 

19 SEC. 108. No part of the funds appropriated in Mili20 tary Construction Appropriations Acts may be used for 

21 the procurement of steel for any construction project or 

22 activity for which American steel producers, fabricators, 

23 and manufacturers have been denied the opportunity to 

24 compete for such steel procurement. 
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1 SEC. 109. None of the funds available to the Depart2 ment of Defense for military construction or family hous3 ing during the current fiscal year may be used to pay real 

4 property taxes in any foreign nation. 

5 SEC. 110. None of the funds appropriated in Military 

6 Construction Appropriations Acts may be used to initiate 

7 a new installation overseas without prior notification to 

8 the Committees on Appropriations. 

9 SEC. 111. None of the funds appropriated in Military 

10 Construction Appropriations Acts may be obligated for ar11 chitect and engineer contracts estimated by the Govern12 ment to exceed $500,000 for projects to be accomplished 

13 in Japan, in any NATO member country, or in countries 

14 bordering the Arabian Sea, unless such contracts are 

15 awarded to United States firms or United States firms 

16 in joint venture with host nation firms. 

17 SEC. 112. None of the funds appropriated in Military 

18 Construction Appropriations Acts for military construc19 tion in the United States territories and possessions in the 

20 Pacific and on Kwajalein Atoll, or in countries bordering 

21 the Arabian Sea, may be used to award any contract esti22 mated by the Government to exceed $1,000,000 to a for23 eign contractor: Provided, That this section shall not be 

24 applicable to contract awards for which the lowest respon25 sive and responsible bid of a United States contractor ex-
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1 ceeds the lowest responsive and responsible bid of a for2 eign contractor by greater than 20 percent: Provided fur3 ther, That this section shall not apply to contract awards 

4 for military construction on Kwajalein Atoll for which the 

5 lowest responsive and responsible bid is submitted by a 

6 Marshallese contractor. 

7 SEC. 113. The Secretary of Defense is to inform the 

8 appropriate committees of Congress, including the Com9 mittees on Appropriations, of the plans and scope of any 

10 proposed military exercise involving United States per11 sonnel 30 days prior to its occurring, if amounts expended 

12 for construction, either temporary or permanent, are an13 ticipated to exceed $100,000. 

14 SEC. 114. Not more than 20 percent of the appro15 priations in Military Construction Appropriations Acts 

16 which are limited for obligation during the current fiscal 

17 year shall be obligated during the last 2 months of the 

18 fiscal year. 

19 (TRANSFER OF FUNDS)

20 SEC. 115. Funds appropriated to the Department of 

21 Defense for construction in prior years shall be available 

22 for construction authorized for each such military depart23 ment by the authorizations enacted into law during the 

24 current session of Congress. 

25 SEC. 116. For military construction or family housing 

26 projects that are being completed with funds otherwise ex-
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1 pired or lapsed for obligation, expired or lapsed funds may 

2 be used to pay the cost of associated supervision, inspec3 tion, overhead, engineering and design on those projects 

4 and on subsequent claims, if any. 

5 SEC. 117. Notwithstanding any other provision of 

6 law, any funds appropriated to a military department or 

7 defense agency for the construction of military projects 

8 may be obligated for a military construction project or 

9 contract, or for any portion of such a project or contract, 

10 at any time before the end of the fourth fiscal year after 

11 the fiscal year for which funds for such project were ap12 propriated if the funds obligated for such project: (1) are 

13 obligated from funds available for military construction 

14 projects; and (2) do not exceed the amount appropriated 

15 for such project, plus any amount by which the cost of 

16 such project is increased pursuant to law. 

17 (TRANSFER OF FUNDS)

18 SEC. 118. During the 5-year period after appropria19 tions available to the Department of Defense for military 

20 construction and family housing operation and mainte21 nance and construction have expired for obligation, upon 

22 a determination that such appropriations will not be nec23 essary for the liquidation of obligations or for making au24 thorized adjustments to such appropriations for obliga25 tions incurred during the period of availability of such ap26 propriations, unobligated balances of such appropriations 
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1 may be transferred into the appropriation ‘‘Foreign Cur2 rency Fluctuations, Construction, Defense’’ to be merged 

3 with and to be available for the same time period and for 

4 the same purposes as the appropriation to which trans5 ferred. 

6 SEC. 119. The Secretary of Defense is to provide the 

7 Committees on Appropriations of the Senate and the 

8 House of Representatives with an annual report by Feb9 ruary 15, containing details of the specific actions pro10 posed to be taken by the Department of Defense during 

11 the current fiscal year to encourage other member nations 

12 of the North Atlantic Treaty Organization, Japan, Korea, 

13 and United States allies bordering the Arabian Sea to as14 sume a greater share of the common defense burden of 

15 such nations and the United States. 

16 (TRANSFER OF FUNDS)

17 SEC. 120. During the current fiscal year, in addition 

18 to any other transfer authority available to the Depart19 ment of Defense, proceeds deposited to the Department 

20 of Defense Base Closure Account established by section 

21 207(a)(1) of the Defense Authorization Amendments and 

22 Base Closure and Realignment Act (Public Law 100–526) 

23 pursuant to section 207(a)(2)(C) of such Act, may be 

24 transferred to the account established by section 

25 2906(a)(1) of the Department of Defense Authorization 
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1 Act, 1991, to be merged with, and to be available for the 

2 same purposes and the same time period as that account. 

3 (TRANSFER OF FUNDS)

4 SEC. 121. Subject to 30 days prior notification to the 

5 Committees on Appropriations, such additional amounts 

6 as may be determined by the Secretary of Defense may 

7 be transferred to the Department of Defense Family 

8 Housing Improvement Fund from amounts appropriated 

9 for construction in ‘‘Family Housing’’ accounts, to be 

10 merged with and to be available for the same purposes 

11 and for the same period of time as amounts appropriated 

12 directly to the Fund: Provided, That appropriations made 

13 available to the Fund shall be available to cover the costs, 

14 as defined in section 502(5) of the Congressional Budget 

15 Act of 1974, of direct loans or loan guarantees issued by 

16 the Department of Defense pursuant to the provisions of 

17 subchapter IV of chapter 169, title 10, United States 

18 Code, pertaining to alternative means of acquiring and im19 proving military family housing and supporting facilities. 

20 SEC. 122. None of the funds appropriated or made 

21 available by this Act may be obligated for Partnership for 

22 Peace Programs in the New Independent States of the 

23 former Soviet Union. 

24 (TRANSFER OF FUNDS)

25 SEC. 123. During the current fiscal year, in addition 

26 to any other transfer authority available to the Depart-
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1 ment of Defense, amounts may be transferred from the 

2 account established by section 2906(a)(1) of the Depart3 ment of Defense Authorization Act, 1991, to the fund es4 tablished by section 1013(d) of the Demonstration Cities 

5 and Metropolitan Development Act of 1966 (42 U.S.C. 

6 3374) to pay for expenses associated with the Home7 owners Assistance Program. Any amounts transferred 

8 shall be merged with and be available for the same pur9 poses and for the same time period as the fund to which 

10 transferred. 

11 SEC. 124. Notwithstanding this or any other provi12 sion of law, funds appropriated in Military Construction 

13 Appropriations Acts for operations and maintenance of 

14 family housing shall be the exclusive source of funds for 

15 repair and maintenance of all family housing units, includ16 ing general or flag officer quarters: Provided, That not 

17 more than $35,000 per unit may be spent annually for 

18 the maintenance and repair of any general or flag officer 

19 quarters without 30 days advance prior notification to the 

20 appropriate committees of Congress, except that an after21 the-fact notification shall be submitted if the limitation is 

22 exceeded solely due to costs associated with environmental 

23 remediation that could not be reasonably anticipated at 

24 the time of the budget submission: Provided further, That 

25 the Under Secretary of Defense (Comptroller) is to report 
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1 annually to the Committees on Appropriations all oper2 ations and maintenance expenditures for each individual 

3 general or flag officer quarters for the prior fiscal year. 

4 SEC. 125. None of the funds made available in this 

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government, except 

7 pursuant to a transfer made by, or transfer authority pro8 vided in, this Act or any other appropriation Act. 

9 SEC. 126. None of the funds appropriated in this Act 

10 for the Department of the Army for military construction 

11 projects in the Republic of Korea may be obligated or ex12 pended for projects at Camp Humphreys in the Republic 

13 of Korea until the Secretary of Defense certifies and re14 ports to the appropriate committees of Congress that the 

15 United States and the Republic of Korea have entered into 

16 an agreement on the availability and use of land sufficient 

17 for such projects. The certification must be presented to 

18 the committees no later than September 30, 2004, or the 

19 funds expire. 

20 This Act may be cited as the ‘‘Military Construction 

21 Appropriations Act, 2004’’.

22 That the following sums are appropriated, out of any 

23 money in the Treasury not otherwise appropriated for mili24 tary construction, family housing, and base realignment 

25 and closure functions administered by the Department of 
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1 Defense, for the fiscal year ending September 30, 2004, and 

2 for other purposes, namely: 

3 MILITARY CONSTRUCTION, ARMY

4 (INCLUDING RESCISSION)

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, military in7 stallations, facilities, and real property for the Army as 

8 currently authorized by law, including personnel in the 

9 Army Corps of Engineers and other personal services nec10 essary for the purposes of this appropriation, and for con11 struction and operation of facilities in support of the func12 tions of the Commander in Chief, $1,255,155,000, to remain 

13 available until September 30, 2008: Provided, That of this 

14 amount, not to exceed $134,645,000, shall be available for 

15 study, planning, design, architect and engineer services, 

16 and host nation support, as authorized by law, unless the 

17 Secretary of Defense determines that additional obligations 

18 are necessary for such purposes and notifies the Committees 

19 on Appropriations of both Houses of Congress of his deter20 mination and the reasons therefor: Provided further, That 

21 of the funds appropriated for ‘‘Military Construction, 

22 Army’’ in previous Military Construction Appropriation 

23 Acts, $183,615,000 are rescinded. 
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1 MILITARY CONSTRUCTION, NAVY

2 (INCLUDING RESCISSION)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, naval in5 stallations, facilities, and real property for the Navy as cur6 rently authorized by law, including personnel in the Naval 

7 Facilities Engineering Command and other personal serv8 ices necessary for the purposes of this appropriation, 

9 $1,195,659,000, to remain available until September 30, 

10 2008: Provided, That of this amount, not to exceed 

11 $77,283,000, shall be available for study, planning, design, 

12 architect and engineer services, as authorized by law, unless 

13 the Secretary of Defense determines that additional obliga14 tions are necessary for such purposes and notifies the Com15 mittees on Appropriations of both Houses of Congress of his 

16 determination and the reasons therefor: Provided further, 

17 That of the funds appropriated for ‘‘Military Construction, 

18 Navy’’ in previous Military Construction Appropriation 

19 Acts, $39,322,000 are rescinded. 

20 MILITARY CONSTRUCTION, AIR FORCE

21 For acquisition, construction, installation, and equip22 ment of temporary or permanent public works, military in23 stallations, facilities, and real property for the Air Force 

24 as currently authorized by law, $1,056,377,000, to remain 

25 available until September 30, 2008: Provided, That of this 
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1 amount, not to exceed $112,075,000, shall be available for 

2 study, planning, design, architect and engineer services, as 

3 authorized by law, unless the Secretary of Defense deter4 mines that additional obligations are necessary for such 

5 purposes and notifies the Committees on Appropriations of 

6 both Houses of Congress of his determination and the rea7 sons therefor. 

8 MILITARY CONSTRUCTION, DEFENSE-WIDE

9 (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

10 For acquisition, construction, installation, and equip11 ment of temporary or permanent public works, installa12 tions, facilities, and real property for activities and agen13 cies of the Department of Defense (other than the military 

14 departments), as currently authorized by law, 

15 $712,567,000, to remain available until September 30, 

16 2008: Provided, That such amounts of this appropriation 

17 as may be determined by the Secretary of Defense may be 

18 transferred to such appropriations of the Department of De19 fense available for military construction or family housing 

20 as he may designate, to be merged with and to be available 

21 for the same purposes, and for the same time period, as 

22 the appropriation or fund to which transferred: Provided 

23 further, That of the amount appropriated, not to exceed 

24 $70,881,000, shall be available for study, planning, design, 

25 architect and engineer services, as authorized by law, unless 
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1 the Secretary of Defense determines that additional obliga2 tions are necessary for such purposes and notifies the Com3 mittees on Appropriations of both Houses of Congress of his 

4 determination and the reasons therefor: Provided further, 

5 That of the funds appropriated for ‘‘Military Construction, 

6 Defense-wide’’ in previous Military Construction Appro7 priation Acts, $32,680,000 are rescinded. 

8 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

9 For construction, acquisition, expansion, rehabilita10 tion, and conversion of facilities for the training and ad11 ministration of the Army National Guard, and contribu12 tions therefor, as authorized by chapter 1803 of title 10, 

13 United States Code, and Military Construction Authoriza14 tion Acts, $304,085,000, to remain available until Sep15 tember 30, 2008. 

16 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

17 For construction, acquisition, expansion, rehabilita18 tion, and conversion of facilities for the training and ad19 ministration of the Air National Guard, and contributions 

20 therefor, as authorized by chapter 1803 of title 10, United 

21 States Code, and Military Construction Authorization Acts, 

22 $221,013,000, to remain available until September 30, 

23 2008. 
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1 MILITARY CONSTRUCTION, ARMY RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Army Reserve as authorized by chapter 

5 1803 of title 10, United States Code, and Military Con6 struction Authorization Acts, $73,979,000, to remain avail7 able until September 30, 2008. 

8 MILITARY CONSTRUCTION, NAVAL RESERVE

9 For construction, acquisition, expansion, rehabilita10 tion, and conversion of facilities for the training and ad11 ministration of the reserve components of the Navy and Ma12 rine Corps as authorized by chapter 1803 of title 10, United 

13 States Code, and Military Construction Authorization Acts, 

14 $34,742,000, to remain available until September 30, 2008. 

15 MILITARY CONSTRUCTION, AIR FORCE RESERVE

16 For construction, acquisition, expansion, rehabilita17 tion, and conversion of facilities for the training and ad18 ministration of the Air Force Reserve as authorized by 

19 chapter 1803 of title 10, United States Code, and Military 

20 Construction Authorization Acts, $57,426,000, to remain 

21 available until September 30, 2008. 

22 NORTH ATLANTIC TREATY ORGANIZATION

23 SECURITY INVESTMENT PROGRAM

24 For the United States share of the cost of the North 

25 Atlantic Treaty Organization Security Investment Pro-
25

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1 gram for the acquisition and construction of military facili2 ties and installations (including international military 

3 headquarters) and for related expenses for the collective de4 fense of the North Atlantic Treaty Area as authorized in 

5 Military Construction Authorization Acts and section 2806 

6 of title 10, United States Code, $169,300,000, to remain 

7 available until expended. 

8 FAMILY HOUSING CONSTRUCTION, ARMY

9 (INCLUDING RESCISSION)

10 For expenses of family housing for the Army for con11 struction, including acquisition, replacement, addition, ex12 pansion, extension and alteration, as authorized by law, 

13 $409,191,000, to remain available until September 30, 

14 2008: Provided, That of the funds appropriated for ‘‘Family 

15 Housing Construction, Army’’ in previous Military Con16 struction Appropriation Acts, $52,300,000 are rescinded. 

17 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

18 For expenses of family housing for the Army for oper19 ation and maintenance, including debt payment, leasing, 

20 minor construction, principal and interest charges, and in21 surance premiums, as authorized by law, $1,043,026,000, 

22 to remain available until September 30, 2005. 
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1 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

2 CORPS

3 (INCLUDING RESCISSION)

4 For expenses of family housing for the Navy and Ma5 rine Corps for construction, including acquisition, replace6 ment, addition, expansion, extension and alteration, as au7 thorized by law, $184,193,000, to remain available until 

8 September 30, 2008: Provided, That of the funds appro9 priated for ‘‘Family Housing Construction, Navy and Ma10 rine Corps’’ in previous Military Construction Appropria11 tion Acts, $3,585,000 are rescinded. 

12 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

13 AND MARINE CORPS

14 For expenses of family housing for the Navy and Ma15 rine Corps for operation and maintenance, including debt 

16 payment, leasing, minor construction, principal and inter17 est charges, and insurance premiums, as authorized by law, 

18 $852,778,000, to remain available until September 30, 

19 2005. 

20 FAMILY HOUSING CONSTRUCTION, AIR FORCE

21 (INCLUDING RESCISSION)

22 For expenses of family housing for the Air Force for 

23 construction, including acquisition, replacement, addition, 

24 expansion, extension and alteration, as authorized by law, 

25 $657,026,000, to remain available until September 30, 
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•HR 2559 PP 

1 2008: Provided, That of the funds appropriated for ‘‘Family 

2 Housing Construction, Air Force’’ in previous Military 

3 Construction Appropriation Acts, $29,039,000 are re4 scinded. 

5 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

6 FORCE

7 For expenses of family housing for the Air Force for 

8 operation and maintenance, including debt payment, leas9 ing, minor construction, principal and interest charges, 

10 and insurance premiums, as authorized by law, 

11 $834,468,000, to remain available until September 30, 

12 2005. 

13 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

14 For expenses of family housing for the activities and 

15 agencies of the Department of Defense (other than the mili16 tary departments) for construction, including acquisition, 

17 replacement, addition, expansion, extension and alteration, 

18 as authorized by law, $350,000, to remain available until 

19 September 30, 2008. 

20 FAMILY HOUSING OPERATION AND MAINTENANCE, 

21 DEFENSE-WIDE

22 For expenses of family housing for the activities and 

23 agencies of the Department of Defense (other than the mili24 tary departments) for operation and maintenance, leasing, 
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•HR 2559 PP 

1 and minor construction, as authorized by law, $49,440,000, 

2 to remain available until September 30, 2005. 

3 DEPARTMENT OF DEFENSE FAMILY HOUSING

4 IMPROVEMENT FUND

5 For the Department of Defense Family Housing Im6 provement Fund, $300,000, to remain available until ex7 pended, for family housing initiatives undertaken pursuant 

8 to section 2883 of title 10, United States Code, providing 

9 alternative means of acquiring and improving military 

10 family housing, and supporting facilities. 

11 BASE REALIGNMENTAND CLOSURE ACCOUNT

12 For deposit into the Department of Defense Base Clo13 sure Account 1990 established by section 2906(a)(1) of the 

14 Department of Defense Authorization Act, 1991 (Public 

15 Law 101–510), $370,427,000, to remain available until ex16 pended. 

17 GENERAL PROVISIONS—MILITARY 

18 CONSTRUCTION 

19 SEC. 101. None of the funds appropriated in Military 

20 Construction Appropriations Acts shall be expended for 

21 payments under a cost-plus-a-fixed-fee contract for con22 struction, where cost estimates exceed $25,000, to be per23 formed within the United States, except Alaska, without the 

24 specific approval in writing of the Secretary of Defense set25 ting forth the reasons therefor. 
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•HR 2559 PP 

1 SEC. 102. Funds appropriated to the Department of 

2 Defense for construction shall be available for hire of pas3 senger motor vehicles. 

4 SEC. 103. Funds appropriated to the Department of 

5 Defense for construction may be used for advances to the 

6 Federal Highway Administration, Department of Trans7 portation, for the construction of access roads as authorized 

8 by section 210 of title 23, United States Code, when projects 

9 authorized therein are certified as important to the national 

10 defense by the Secretary of Defense. 

11 SEC. 104. None of the funds appropriated in this Act 

12 may be used to begin construction of new bases inside the 

13 continental United States for which specific appropriations 

14 have not been made. 

15 SEC. 105. No part of the funds provided in Military 

16 Construction Appropriations Acts shall be used for purchase 

17 of land or land easements in excess of 100 percent of the 

18 value as determined by the Army Corps of Engineers or 

19 the Naval Facilities Engineering Command, except: (1) 

20 where there is a determination of value by a Federal court; 

21 (2) purchases negotiated by the Attorney General or his des22 ignee; (3) where the estimated value is less than $25,000; 

23 or (4) as otherwise determined by the Secretary of Defense 

24 to be in the public interest. 
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1 SEC. 106. None of the funds appropriated in Military 

2 Construction Appropriations Acts shall be used to: (1) ac3 quire land; (2) provide for site preparation; or (3) install 

4 utilities for any family housing, except housing for which 

5 funds have been made available in annual Military Con6 struction Appropriations Acts. 

7 SEC. 107. None of the funds appropriated in Military 

8 Construction Appropriations Acts for minor construction 

9 may be used to transfer or relocate any activity from one 

10 base or installation to another, without prior notification 

11 to the Committees on Appropriations. 

12 SEC. 108. No part of the funds appropriated in Mili13 tary Construction Appropriations Acts may be used for the 

14 procurement of steel for any construction project or activity 

15 for which American steel producers, fabricators, and manu16 facturers have been denied the opportunity to compete for 

17 such steel procurement. 

18 SEC. 109. None of the funds available to the Depart19 ment of Defense for military construction or family housing 

20 during the current fiscal year may be used to pay real prop21 erty taxes in any foreign nation. 

22 SEC. 110. None of the funds appropriated in Military 

23 Construction Appropriations Acts may be used to initiate 

24 a new installation overseas without prior notification to the 

25 Committees on Appropriations. 
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•HR 2559 PP 

1 SEC. 111. None of the funds appropriated in Military 

2 Construction Appropriations Acts may be obligated for ar3 chitect and engineer contracts estimated by the Government 

4 to exceed $500,000 for projects to be accomplished in Japan, 

5 in any NATO member country, or in countries bordering 

6 the Arabian Sea, unless such contracts are awarded to 

7 United States firms or United States firms in joint venture 

8 with host nation firms. 

9 SEC. 112. None of the funds appropriated in Military 

10 Construction Appropriations Acts for military construction 

11 in the United States territories and possessions in the Pa12 cific and on Kwajalein Atoll, or in countries bordering the 

13 Arabian Sea, may be used to award any contract estimated 

14 by the Government to exceed $1,000,000 to a foreign con15 tractor: Provided, That this section shall not be applicable 

16 to contract awards for which the lowest responsive and re17 sponsible bid of a United States contractor exceeds the low18 est responsive and responsible bid of a foreign contractor 

19 by greater than 20 percent: Provided further, That this sec20 tion shall not apply to contract awards for military con21 struction on Kwajalein Atoll for which the lowest responsive 

22 and responsible bid is submitted by a Marshallese con23 tractor. 

24 SEC. 113. The Secretary of Defense is to inform the 

25 appropriate committees of Congress, including the Commit-
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•HR 2559 PP 

1 tees on Appropriations, of the plans and scope of any pro2 posed military exercise involving United States personnel 

3 30 days prior to its occurring, if amounts expended for con4 struction, either temporary or permanent, are anticipated 

5 to exceed $100,000. 

6 SEC. 114. Not more than 20 percent of the appropria7 tions in Military Construction Appropriations Acts which 

8 are limited for obligation during the current fiscal year 

9 shall be obligated during the last 2 months of the fiscal year. 

10 (TRANSFER OF FUNDS)

11 SEC. 115. Funds appropriated to the Department of 

12 Defense for construction in prior years shall be available 

13 for construction authorized for each such military depart14 ment by the authorizations enacted into law during the cur15 rent session of Congress. 

16 SEC. 116. For military construction or family housing 

17 projects that are being completed with funds otherwise ex18 pired or lapsed for obligation, expired or lapsed funds may 

19 be used to pay the cost of associated supervision, inspection, 

20 overhead, engineering and design on those projects and on 

21 subsequent claims, if any. 

22 SEC. 117. Notwithstanding any other provision of law, 

23 any funds appropriated to a military department or de24 fense agency for the construction of military projects may 

25 be obligated for a military construction project or contract, 

26 or for any portion of such a project or contract, at any 
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•HR 2559 PP 

1 time before the end of the fourth fiscal year after the fiscal 

2 year for which funds for such project were appropriated if 

3 the funds obligated for such project: (1) are obligated from 

4 funds available for military construction projects; and (2) 

5 do not exceed the amount appropriated for such project, 

6 plus any amount by which the cost of such project is in7 creased pursuant to law. 

8 (TRANSFER OF FUNDS)

9 SEC. 118. During the 5-year period after appropria10 tions available to the Department of Defense for military 

11 construction and family housing operation and mainte12 nance and construction have expired for obligation, upon 

13 a determination that such appropriations will not be nec14 essary for the liquidation of obligations or for making au15 thorized adjustments to such appropriations for obligations 

16 incurred during the period of availability of such appro17 priations, unobligated balances of such appropriations may 

18 be transferred into the appropriation ‘‘Foreign Currency 

19 Fluctuations, Construction, Defense’’ to be merged with and 

20 to be available for the same time period and for the same 

21 purposes as the appropriation to which transferred. 

22 SEC. 119. The Secretary of Defense is to provide the 

23 Committees on Appropriations of the Senate and the House 

24 of Representatives with an annual report by February 15, 

25 containing details of the specific actions proposed to be 

26 taken by the Department of Defense during the current fis-
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•HR 2559 PP 

1 cal year to encourage other member nations of the North 

2 Atlantic Treaty Organization, Japan, Korea, and United 

3 States allies bordering the Arabian Sea to assume a greater 

4 share of the common defense burden of such nations and 

5 the United States. 

6 (TRANSFER OF FUNDS)

7 SEC. 120. During the current fiscal year, in addition 

8 to any other transfer authority available to the Department 

9 of Defense, proceeds deposited to the Department of Defense 

10 Base Closure Account established by section 207(a)(1) of the 

11 Defense Authorization Amendments and Base Closure and 

12 Realignment Act (Public Law 100–526) pursuant to section 

13 207(a)(2)(C) of such Act, may be transferred to the account 

14 established by section 2906(a)(1) of the Department of De15 fense Authorization Act, 1991, to be merged with, and to 

16 be available for the same purposes and the same time period 

17 as that account. 

18 (TRANSFER OF FUNDS)

19 SEC. 121. Subject to 30 days prior notification to the 

20 Committees on Appropriations, such additional amounts as 

21 may be determined by the Secretary of Defense may be 

22 transferred to the Department of Defense Family Housing 

23 Improvement Fund from amounts appropriated for con24 struction in ‘‘Family Housing’’ accounts, to be merged with 

25 and to be available for the same purposes and for the same 

26 period of time as amounts appropriated directly to the 
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•HR 2559 PP 

1 Fund: Provided, That appropriations made available to the 

2 Fund shall be available to cover the costs, as defined in sec3 tion 502(5) of the Congressional Budget Act of 1974, of di4 rect loans or loan guarantees issued by the Department of 

5 Defense pursuant to the provisions of subchapter IV of chap6 ter 169, title 10, United States Code, pertaining to alter7 native means of acquiring and improving military family 

8 housing and supporting facilities. 

9 SEC. 122. None of the funds appropriated or made 

10 available by this Act may be obligated for Partnership for 

11 Peace Programs in the New Independent States of the 

12 former Soviet Union. 

13 SEC. 123. (a) Not later than 60 days before issuing 

14 any solicitation for a contract with the private sector for 

15 military family housing the Secretary of the military de16 partment concerned shall submit to the congressional de17 fense committees the notice described in subsection (b). 

18 (b)(1) A notice referred to in subsection (a) is a notice 

19 of any guarantee (including the making of mortgage or 

20 rental payments) proposed to be made by the Secretary to 

21 the private party under the contract involved in the event 

22 of—

23 (A) the closure or realignment of the installation 

24 for which housing is provided under the contract; 
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1 (B) a reduction in force of units stationed at 

2 such installation; or 

3 (C) the extended deployment overseas of units 

4 stationed at such installation. 

5 (2) Each notice under this subsection shall specify the 

6 nature of the guarantee involved and assess the extent and 

7 likelihood, if any, of the liability of the Federal Government 

8 with respect to the guarantee. 

9 (c) In this section, the term ‘‘congressional defense 

10 committees’’ means the following: 

11 (1) The Committee on Armed Services and the 

12 Military Construction Subcommittee, Committee on 

13 Appropriations of the Senate. 

14 (2) The Committee on Armed Services and the 

15 Military Construction Subcommittee, Committee on 

16 Appropriations of the House of Representatives. 

17 (TRANSFER OF FUNDS)

18 SEC. 124. During the current fiscal year, in addition 

19 to any other transfer authority available to the Department 

20 of Defense, amounts may be transferred from the account 

21 established by section 2906(a)(1) of the Department of De22 fense Authorization Act, 1991, to the fund established by 

23 section 1013(d) of the Demonstration Cities and Metropoli24 tan Development Act of 1966 (42 U.S.C. 3374) to pay for 

25 expenses associated with the Homeowners Assistance Pro26 gram. Any amounts transferred shall be merged with and 
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•HR 2559 PP 

1 be available for the same purposes and for the same time 

2 period as the fund to which transferred. 

3 SEC. 125. Notwithstanding this or any other provision 

4 of law, funds appropriated in Military Construction Ap5 propriations Acts for operations and maintenance of family 

6 housing shall be the exclusive source of funds for repair and 

7 maintenance of all family housing units, including general 

8 or flag officer quarters: Provided, That not more than 

9 $35,000 per unit may be spent annually for the mainte10 nance and repair of any general or flag officer quarters 

11 without 30 days advance prior notification to the appro12 priate committees of Congress, except that an after-the-fact 

13 notification shall be submitted if the limitation is exceeded 

14 solely due to costs associated with environmental remedi15 ation that could not be reasonably anticipated at the time 

16 of the budget submission: Provided further, That the Under 

17 Secretary of Defense (Comptroller) is to report annually to 

18 the Committees on Appropriations all operations and 

19 maintenance expenditures for each individual general or 

20 flag officer quarters for the prior fiscal year: Provided fur21 ther, That nothing herein precludes the Secretary concerned 

22 from using funds pursuant to 10 U.S.C. 2601. 

23 SEC. 126. None of the funds made available in this 

24 Act may be transferred to any department, agency, or in25 strumentality of the United States Government, except pur-
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•HR 2559 PP 

1 suant to a transfer made by, or transfer authority provided 

2 in, this Act or any other appropriation Act. 

3 SEC. 127. No funds appropriated in this Act under 

4 the heading ‘‘North Atlantic Treaty Organization Security 

5 Investment Program’’, and no funds appropriated for any 

6 fiscal year before fiscal year 2004 for that program that 

7 remain available for obligation, may be obligated or ex8 pended for the conduct of studies of missile defense. 

9 SEC. 128. (a) COMMISSION ON REVIEW OF OVERSEAS

10 MILITARY FACILITY STRUCTURE OF THE UNITED

11 STATES.—(1) There is established the Commission on the 

12 Review of the Overseas Military Facility Structure of the 

13 United States (in this section referred to as the ‘‘Commis14 sion’’). 

15 (2)(A) The Commission shall be composed of 8 mem16 bers of whom—

17 (i) 2 shall be appointed by the Majority Leader 

18 of the Senate; 

19 (ii) 2 shall be appointed by the Minority Leader 

20 of the Senate; 

21 (iii) 2 shall be appointed by the Speaker of the 

22 House of Representatives; and 

23 (iv) 2 shall be appointed by the Minority Leader 

24 of the House of Representatives. 
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1 (B) Individuals appointed to the Commission shall 

2 have significant experience in the national security or for3 eign policy of the United States. 

4 (C) Appointments of the members of the Commission 

5 shall be made not later than 45 days after the date of the 

6 enactment of this Act. 

7 (3) Members shall be appointed for the life of the Com8 mission. Any vacancy in the Commission shall not affect 

9 its powers, but shall be filled in the same manner as the 

10 original appointment. 

11 (4) Not later than 30 days after the date on which 

12 all members of the Commission have been appointed, the 

13 Commission shall hold its first meeting. 

14 (5) The Commission shall meet at the call of the Chair15 man. 

16 (6) A majority of the members of the Commission shall 

17 constitute a quorum, but a lesser number of members may 

18 hold hearings. 

19 (7) The Commission shall select a Chairman and Vice 

20 Chairman from among its members. 

21 (b) DUTIES.—(1) The Commission shall conduct a 

22 thorough study of matters relating to the military facility 

23 structure of the United States overseas. 

24 (2) In conducting the study, the Commission shall—
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•HR 2559 PP 

1 (A) assess the number of forces required to be for2 ward based outside the United States; 

3 (B) examine the current state of the military fa4 cilities and training ranges of the United States over5 seas for all permanent stations and deployed loca6 tions, including the condition of land and improve7 ments at such facilities and ranges and the avail8 ability of additional land, if required, for such facili9 ties and ranges; 

10 (C) identify the amounts received by the United 

11 States, whether in direct payments, in-kind contribu12 tions, or otherwise, from foreign countries by reason 

13 of military facilities of the United States overseas; 

14 (D) assess whether or not the current military 

15 basing and training range structure of the United 

16 States overseas is adequate to meet the current and 

17 future mission of the Department of Defense, includ18 ing contingency, mobilization, and future force re19 quirements; 

20 (E) assess the feasibility and advisability of the 

21 closure or realignment of military facilities of the 

22 United States overseas, or of the establishment of new 

23 military facilities of the United States overseas; and 
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1 (F) consider or assess any other issue relating to 

2 military facilities of the United States overseas that 

3 the Commission considers appropriate. 

4 (3)(A) Not later than August 30, 2004, the Commission 

5 shall submit to the President and Congress a report which 

6 shall contain a detailed statement of the findings and con7 clusions of the Commission, together with its recommenda8 tions for such legislation and administrative actions as it 

9 considers appropriate. 

10 (B) In addition to the matters specified in subpara11 graph (A), the report shall also include a proposal by the 

12 Commission for an overseas basing strategy for the Depart13 ment of Defense in order to meet the current and future 

14 mission of the Department. 

15 (c) POWERS.—(1) The Commission may hold such 

16 hearings, sit and act at such times and places, take such 

17 testimony, and receive such evidence as the Commission 

18 considers advisable to carry out this section. 

19 (2) The Commission may secure directly from any 

20 Federal department or agency such information as the 

21 Commission considers necessary to carry out this section. 

22 Upon request of the Chairman of the Commission, the head 

23 of such department or agency shall furnish such informa24 tion to the Commission. 
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1 (3) Upon request of the Commission, the Adminis2 trator of General Services shall provide to the Commission, 

3 on a reimbursable basis, the administrative support nec4 essary for the Commission to carry out its duties under this 

5 section. 

6 (4) The Commission may use the United States mails 

7 in the same manner and under the same conditions as other 

8 departments and agencies of the Federal Government. 

9 (5) The Commission may accept, use, and dispose of 

10 gifts or donations of services or property. 

11 (d) PERSONNEL MATTERS.—(1) Each member of the 

12 Commission who is not an officer or employee of the Federal 

13 Government shall be compensated at a rate equal to the 

14 daily equivalent of the annual rate of basic pay prescribed 

15 for level IV of the Executive Schedule under section 5315 

16 of title 5, United States Code, for each day (including travel 

17 time) during which such member is engaged in the perform18 ance of the duties of the Commission under this section. All 

19 members of the Commission who are officers or employees 

20 of the United States shall serve without compensation in 

21 addition to that received for their services as officers or em22 ployees of the United States. 

23 (2)(A) Members of the Commission shall be allowed 

24 travel expenses, including per diem in lieu of subsistence, 

25 at rates authorized for employees of agencies under sub-
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•HR 2559 PP 

1 chapter I of chapter 57 of title 5, United States Code, while 

2 away from their homes or regular places of business in the 

3 performance of services for the Commission under this sec4 tion. 

5 (B) Members and staff of the Commission may receive 

6 transportation on aircraft of the Military Airlift Command 

7 to and from the United States, and overseas, for purposes 

8 of the performance of the duties of the Commission to the 

9 extent that such transportation will not interfere with the 

10 requirements of military operations. 

11 (3)(A) The Chairman of the Commission may, without 

12 regard to the civil service laws and regulations, appoint 

13 and terminate an executive director and such other addi14 tional personnel as may be necessary to enable the Commis15 sion to perform its duties under this section. The employ16 ment of an executive director shall be subject to confirma17 tion by the Commission. 

18 (B) The Commission may employ a staff to assist the 

19 Commission in carrying out its duties. The total number 

20 of the staff of the Commission, including an executive direc21 tor under subparagraph (A), may not exceed 12. 

22 (C) The Chairman of the Commission may fix the com23 pensation of the executive director and other personnel with24 out regard to chapter 51 and subchapter III of chapter 53 

25 of title 5, United States Code, relating to classification of 
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1 positions and General Schedule pay rates, except that the 

2 rate of pay for the executive director and other personnel 

3 may not exceed the rate payable for level V of the Executive 

4 Schedule under section 5316 of such title. 

5 (4) Any employee of the Department of Defense, the 

6 Department of State, or the General Accounting Office may 

7 be detailed to the Commission without reimbursement, and 

8 such detail shall be without interruption or loss of civil 

9 service status or privilege. 

10 (5) The Chairman of the Commission may procure 

11 temporary and intermittent services under section 3109(b) 

12 of title 5, United States Code, at rates for individuals which 

13 do not exceed the daily equivalent of the annual rate of basic 

14 pay prescribed for level V of the Executive Schedule under 

15 section 5316 of such title. 

16 (e) SECURITY.—(1) Members and staff of the Commis17 sion, and any experts and consultants to the Commission, 

18 shall possess security clearances appropriate for their duties 

19 with the Commission under this section. 

20 (2) The Secretary of Defense shall assume responsi21 bility for the handling and disposition of any information 

22 relating to the national security of the United States that 

23 is received, considered, or used by the Commission under 

24 this section. 
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1 (f) TERMINATION.—The Commission shall terminate 

2 45 days after the date on which the Commission submits 

3 its report under subsection (b). 

4 (g) FUNDING.—(1) Of the amount appropriated by 

5 this Act, $3,000,000 shall be available to the Commission 

6 to carry out this section. 

7 (2) The amount made available by paragraph (1) shall 

8 remain available, without fiscal year limitation, until Sep9 tember 2005. 

10 This Act may be cited as the ‘‘Military Construction 

11 Appropriations Act, 2004’’.

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate July 11, 2003. 

Attest: Emily J. Reynolds, 

Secretary.