H. R. 2559—6
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 Construc-
tion 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 Construc-
tion 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 Appropria-
tions.
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 Construc-
tion Appropriations Acts may be used to initiate a new installation
overseas without prior notification to the Committees on Appropria-
tions.
SEC. 111. None of the funds appropriated in Military Construc-
tion 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 Construc-
tion 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 Appropria-
tions, 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 perma-
nent, 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.
H. R. 2559—7
(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 avail-
able 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 appropria-
tions 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 appro-
priations, unobligated balances of such appropriations may be trans-
ferred 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 appropria-
tion 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 Authoriza-
tion 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
H. R. 2559—8
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 Commit-
tees on Appropriations, such additional amounts as may be deter-
mined by the Secretary of Defense may be transferred to the Depart-
ment 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 solicita-
tion 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 installa-
tion; 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)
H. R. 2559—9
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 reason-
ably 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.
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 appro-
priation 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 estab-
lished 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 eight members
of whom—
(i) two shall be appointed by the Majority Leader of the
Senate;
(ii) two shall be appointed by the Minority Leader of the
Senate;
(iii) two shall be appointed by the Speaker of the House
of Representatives; and
(iv) two shall be appointed by the Minority Leader of the
House of Representatives.
(B) Individuals appointed to the Commission shall have signifi-
cant 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.