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SEC. 118. During the 5–year period after appropria-
tions available to the Department of Defense for military
construction and family housing operation and mainte-
nance and construction have expired for obligation, upon
a determination that such appropriations will not be nec-
essary for the liquidation of obligations or for making au-
thorized adjustments to such appropriations for obliga-
tions incurred during the period of availability of such ap-
propriations, unobligated balances of such appropriations
may be transferred into the appropriation ‘‘Foreign Cur-
rency 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 trans-
ferred.
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 Feb-
ruary 15, containing details of the specific actions pro-
posed 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 as-
sume a greater share of the common defense burden of
such nations and the United States.
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SEC. 120. During the current fiscal year, in addition
to any other transfer authority available to the Depart-
ment 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.
SEC. 121. (a) No funds appropriated pursuant to this
Act may be expended by an entity unless the entity agrees
that in expending the assistance the entity will comply
with sections 2 through 4 of the Act of March 3, 1933
(41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer-
ican Act’’).
(b) No funds made available under this Act shall be
made available to any person or entity who has been con-
victed of violating the Act of March 3, 1933 (41 U.S.C.
10a–10c, popularly known as the ‘‘Buy American Act’’).
SEC. 122. (a) In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
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expending the assistance, purchase only American-made
equipment and products.
(b) In providing financial assistance under this Act,
the Secretary of the Treasury shall provide to each recipi-
ent of the assistance a notice describing the statement
made in subsection (a) by the Congress.
SEC. 123. 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 or con-
struction of military unaccompanied housing projects in
‘‘Military Construction’’ accounts, to be merged with and
to be available for the same purposes and for the same
period of time as amounts appropriated directly to the
Fund: Provided, That appropriations made available to
the Fund shall be available to cover the costs, as defined
in section 502(5) of the Congressional Budget Act of
1974, of direct loans or loan guarantees issued by the De-
partment of Defense pursuant to the provisions of sub-
chapter IV of chapter 169, title 10, United States Code,
pertaining to alternative means of acquiring and improv-
ing military family housing and supporting facilities.
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SEC. 124. (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 de-
partment concerned shall submit to the congressional de-
fense committees the notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a no-
tice 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 installa-
tion for which housing is provided under the con-
tract;
(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 Gov-
ernment with respect to the guarantee.
(c) In this section, the term ‘‘congressional defense
committees’’ means the following:
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(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.
SEC. 125. During the current fiscal year, in addition
to any other transfer authority available to the Depart-
ment of Defense, amounts may be transferred from the
account established by section 2906(a)(1) of the Depart-
ment of Defense Authorization Act, 1991 and from funds
appropriated for the operation and maintenance of the
military departments contained in Title II of the Depart-
ment of Defense Appropriations Act, 2003, 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 Home-
owners Assistance Program. Any amounts transferred
shall be merged with and be available for the same pur-
poses and for the same time period as the fund to which
transferred.
SEC. 126. Notwithstanding this or any other provi-
sion of law, funds appropriated in Military Construction
Appropriations Acts for operations and maintenance of
family housing shall be the exclusive source of funds for
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repair and maintenance of all family housing units, includ-
ing 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: 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 indi-
vidual general or flag officer quarters for the prior fiscal
year.
SEC. 127. Notwithstanding any other provision of
law, the Secretary of the Navy is authorized to use funds
received pursuant to section 2601 of title 10, United
States Code, for the construction, improvement, repair,
and maintenance of the historic residences located at Ma-
rine Corps Barracks, 8th and I Streets, Washington, D.C.:
Provided, That the Secretary notifies the appropriate com-
mittees of Congress 30 days in advance of the intended
use of such funds: Provided further, That this section re-
mains effective until September 30, 2006.
SEC. 128. Of the funds provided in previous Military
Construction Appropriations Acts, a total of $44,627,000
is hereby rescinded, as of the date of enactment of this
Act, from the following accounts in the specified amounts
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SEC. 131. Amounts appropriated for a military con-
struction project at Camp Kyle, Korea, relating to con-
struction of a physical fitness center, as authorized by sec-
tion 8160 of the Department of Defense Appropriations
Act, 2000 (Public Law 106–79; 113 Stat. 1274), shall be
available instead for a similar project at Camp Bonifas,
Korea.
SEC. 132. None of the funds provided in this Act may
be used to relocate the headquarters of the United States
Army, South, from Fort Buchanan, Puerto Rico, to a loca-
tion in the continental United States.
This Act may be cited as the ‘‘Military Construction
Appropriations Act, 2003’’.
Passed the House of Representatives June 27, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 486
107TH CONGRESS
2D SESSION
H. R. 5011
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, 2003, and for other pur-
poses.
JULY 8, 2002
Read twice and placed on the calendar