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 hous-
ing, and base realignment and closure for the Depart-
ment of Defense for the fiscal year ending September 
30, 2004, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated for 
military construction, family housing, and base realign-
ment and closure functions administered by the Depart-
ment of Defense, for the fiscal year ending September 30, 
2004, and for other purposes, namely:
MILITARY CONSTRUCTION, ARMY 
(INCLUDING RESCISSIONS) 
For acquisition, construction, installation, and equip-
ment 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 nec-
essary for the purposes of this appropriation, and for con-
struction and operation of facilities in support of the func-
tions of the Commander in Chief, $1,533,660,000, to re-
main available until September 30, 2008: Provided, That 
of this amount, not to exceed $122,710,000 shall be avail-
able 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 Con-
gress of his determination and the reasons therefor: Pro-
vided 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$142,200,000 are rescinded: Provided further, That of the 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under Public Law 107–64, $24,000,000 are rescinded: 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 ‘‘Mili-
tary Construction, Army’’ under Public Law 106–246, 
$17,415,000 are rescinded. 
MILITARY CONSTRUCTION, NAVY 
(INCLUDING RESCISSIONS) 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, naval in-
stallations, facilities, and real property for the Navy as 
currently authorized by law, including personnel in the 
Naval Facilities Engineering Command and other per-
sonal services necessary for the purposes of this appropria-
tion, $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, un-
less the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies 
the Committees on Appropriations of both Houses of Con-
gress of his determination and the reasons therefor: Pro-
vided 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.
MILITARY CONSTRUCTION, AIR FORCE 
For acquisition, construction, installation, and equip-
ment 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 de-
termines 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 RESCISSION AND TRANSFER OF FUNDS) 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, installa-
tions, facilities, and real property for activities and agen-
cies 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, plan-
ning, 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 ‘‘Mili-
tary Construction, Defense-wide’’ under Public Law 107–
249, $32,680,000 are rescinded. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army National Guard, and contribu-
tions therefor, as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $208,033,000, to remain available until Sep-
tember 30, 2008. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration 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. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army Reserve as authorized by chapter 
1803 of title 10, United States Code, and Military Con-
struction Authorization Acts, $84,569,000, to remain 
available until September 30, 2008. 
MILITARY CONSTRUCTION, NAVAL RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the reserve components of the Navy and 
Marine Corps as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $38,992,000, to remain available until Sep-
tember 30, 2008. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration 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. 
NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
For the United States share of the cost of the North 
Atlantic Treaty Organization Security Investment Pro-
gram for the acquisition and construction of military fa-
cilities 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 con-
struction, including acquisition, replacement, addition, ex-
pansion, extension and alteration, as authorized by law, 
$409,191,000, to remain available until September 30, 
2008: Provided, That of the funds appropriated for ‘‘Fam-
ily Housing Construction, Army’’ under Public Law 107–
249, $52,300,000 are rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, 
ARMY 
For expenses of family housing for the Army for op-
eration and maintenance, including debt payment, leasing, 
minor construction, principal and interest charges, and in-
surance premiums, as authorized by law, $1,043,026,000. 
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE 
CORPS 
(INCLUDING RESCISSION) 
For expenses of family housing for the Navy and Ma-
rine Corps for construction, including acquisition, replace-
ment, addition, expansion, extension and alteration, as au-
thorized by law, $184,193,000, to remain available until 
September 30, 2008: Provided, That of the funds appro-
priated for ‘‘Family Housing Construction, Navy and Ma-
rine Corps’’ under Public Law 107–249, $3,585,000 are 
rescinded. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
NAVY AND MARINE CORPS 
For expenses of family housing for the Navy and Ma-
rine Corps for operation and maintenance, including debt 
payment, leasing, minor construction, principal and inter-
est charges, and insurance premiums, as authorized by 
law, $852,778,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE 
(INCLUDING RESCISSIONS) 
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 ‘‘Fam-
ily Housing Construction, Air Force’’ under Public Law 
107–249, $19,347,000 are rescinded: Provided further, 
That of the funds appropriated for ‘‘Family Housing Con-
struction,
Air
Force’’
under
Public
Law
105–237, 
$9,692,000 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, leas-
ing, minor construction, principal and interest charges, 
and
insurance
premiums,
as
authorized
by
law, 
$826,074,000. 
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 acquisi-
tion, replacement, addition, expansion, extension and al-
teration, as authorized by law, $350,000, to remain avail-
able 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. 
DEPARTMENT OF DEFENSE FAMILY HOUSING 
IMPROVEMENT FUND 
For the Department of Defense Family Housing Im-
provement Fund, $300,000, to remain available until ex-
pended, for family housing initiatives undertaken pursu-
ant to section 2883 of title 10, United States Code, pro-
viding alternative means of acquiring and improving mili-
tary 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 
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 con-
struction, where cost estimates exceed $25,000, to be per-
formed 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 pas-
senger 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 Trans-
portation, for the construction of access roads as author-
ized 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 appropria-
tions have not been made. 
SEC. 105. No part of the funds provided in Military 
Construction Appropriations Acts shall be used for pur-
chase of land or land easements in excess of 100 percent
of the value as determined by the Army Corps of Engi-
neers or the Naval Facilities Engineering Command, ex-
cept: (1) where there is a determination of value by a Fed-
eral court; (2) purchases negotiated by the Attorney Gen-
eral or his designee; (3) where the estimated value is less 
than $25,000; or (4) as otherwise determined by the Sec-
retary 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) ac-
quire 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 Con-
struction 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 Mili-
tary 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 Depart-
ment of Defense for military construction or family hous-
ing 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 ar-
chitect and engineer contracts estimated by the Govern-
ment 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 construc-
tion 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 esti-
mated by the Government to exceed $1,000,000 to a for-
eign contractor: Provided, That this section shall not be 
applicable to contract awards for which the lowest respon-
sive and responsible bid of a United States contractor ex-
ceeds the lowest responsive and responsible bid of a for-
eign contractor by greater than 20 percent: Provided fur-
ther, 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 Com-
mittees on Appropriations, of the plans and scope of any 
proposed military exercise involving United States per-
sonnel 30 days prior to its occurring, if amounts expended 
for construction, either temporary or permanent, are an-
ticipated to exceed $100,000. 
SEC. 114. Not more than 20 percent of the appro-
priations 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 depart-
ment 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 ex-
pired or lapsed for obligation, expired or lapsed funds may 
be used to pay the cost of associated supervision, inspec-
tion, 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 ap-
propriated 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 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. 
(TRANSFER OF FUNDS) 
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. 
(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 im-
proving 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. 
(TRANSFER OF FUNDS) 
SEC. 123. 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, to the fund es-
tablished 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. 124. 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 
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, 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 oper-
ations and maintenance expenditures for each individual 
general or flag officer quarters for the prior fiscal year. 
SEC. 125. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriation Act. 
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 ex-
pended for projects at Camp Humphreys in the Republic 
of Korea until the Secretary of Defense certifies and re-
ports 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. 
This Act may be cited as the ‘‘Military Construction 
Appropriations Act, 2004’’.
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated for mili-
tary 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 equip-
ment of temporary or permanent public works, military in-
stallations, facilities, and real property for the Army as 
currently authorized by law, including personnel in the 
Army Corps of Engineers and other personal services nec-
essary for the purposes of this appropriation, and for con-
struction and operation of facilities in support of the func-
tions 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 deter-
mination 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 equip-
ment of temporary or permanent public works, naval in-
stallations, facilities, and real property for the Navy as cur-
rently authorized by law, including personnel in the Naval 
Facilities Engineering Command and other personal serv-
ices 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 obliga-
tions are necessary for such purposes and notifies the Com-
mittees 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 equip-
ment of temporary or permanent public works, military in-
stallations, 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 deter-
mines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations of 
both Houses of Congress of his determination and the rea-
sons therefor. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS) 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, installa-
tions, facilities, and real property for activities and agen-
cies 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 De-
fense 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 obliga-
tions are necessary for such purposes and notifies the Com-
mittees 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 Appro-
priation Acts, $32,680,000 are rescinded. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army National Guard, and contribu-
tions therefor, as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $304,085,000, to remain available until Sep-
tember 30, 2008. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration 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, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army Reserve as authorized by chapter 
1803 of title 10, United States Code, and Military Con-
struction Authorization Acts, $73,979,000, to remain avail-
able until September 30, 2008. 
MILITARY CONSTRUCTION, NAVAL RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the reserve components of the Navy and Ma-
rine 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, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration 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 Pro-
gram for the acquisition and construction of military facili-
ties and installations (including international military 
headquarters) and for related expenses for the collective de-
fense 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 con-
struction, including acquisition, replacement, addition, ex-
pansion, 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 Con-
struction Appropriation Acts, $52,300,000 are rescinded. 
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY 
For expenses of family housing for the Army for oper-
ation and maintenance, including debt payment, leasing, 
minor construction, principal and interest charges, and in-
surance 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 Ma-
rine Corps for construction, including acquisition, replace-
ment, addition, expansion, extension and alteration, as au-
thorized by law, $184,193,000, to remain available until 
September 30, 2008: Provided, That of the funds appro-
priated for ‘‘Family Housing Construction, Navy and Ma-
rine Corps’’ in previous Military Construction Appropria-
tion Acts, $3,585,000 are rescinded. 
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY 
AND MARINE CORPS 
For expenses of family housing for the Navy and Ma-
rine Corps for operation and maintenance, including debt 
payment, leasing, minor construction, principal and inter-
est 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 re-
scinded. 
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR 
FORCE 
For expenses of family housing for the Air Force for 
operation and maintenance, including debt payment, leas-
ing, 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 mili-
tary 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 mili-
tary 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 Im-
provement Fund, $300,000, to remain available until ex-
pended, 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 Clo-
sure 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 ex-
pended. 
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 con-
struction, where cost estimates exceed $25,000, to be per-
formed within the United States, except Alaska, without the 
specific approval in writing of the Secretary of Defense set-
ting forth the reasons therefor.
SEC. 102. Funds appropriated to the Department of 
Defense for construction shall be available for hire of pas-
senger 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 Trans-
portation, 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 des-
ignee; (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) ac-
quire 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 Con-
struction 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 Mili-
tary Construction Appropriations Acts may be used for the 
procurement of steel for any construction project or activity 
for which American steel producers, fabricators, and manu-
facturers have been denied the opportunity to compete for 
such steel procurement. 
SEC. 109. None of the funds available to the Depart-
ment of Defense for military construction or family housing 
during the current fiscal year may be used to pay real prop-
erty 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 ar-
chitect 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 Pa-
cific 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 con-
tractor: Provided, That this section shall not be applicable 
to contract awards for which the lowest responsive and re-
sponsible bid of a United States contractor exceeds the low-
est responsive and responsible bid of a foreign contractor 
by greater than 20 percent: Provided further, That this sec-
tion shall not apply to contract awards for military con-
struction on Kwajalein Atoll for which the lowest responsive 
and responsible bid is submitted by a Marshallese con-
tractor. 
SEC. 113. The Secretary of Defense is to inform the 
appropriate committees of Congress, including the Commit-
tees on Appropriations, of the plans and scope of any pro-
posed military exercise involving United States personnel 
30 days prior to its occurring, if amounts expended for con-
struction, either temporary or permanent, are anticipated 
to exceed $100,000. 
SEC. 114. Not more than 20 percent of the appropria-
tions 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 depart-
ment by the authorizations enacted into law during the cur-
rent session of Congress. 
SEC. 116. For military construction or family housing 
projects that are being completed with funds otherwise ex-
pired 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 de-
fense 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 in-
creased pursuant to law. 
(TRANSFER OF FUNDS) 
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 obligations 
incurred during the period of availability of such appro-
priations, 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 fis-
cal 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 De-
fense 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 con-
struction 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 sec-
tion 502(5) of the Congressional Budget Act of 1974, of di-
rect loans or loan guarantees issued by the Department of 
Defense pursuant to the provisions of subchapter IV of chap-
ter 169, title 10, United States Code, pertaining to alter-
native 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 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 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 De-
fense Authorization Act, 1991, to the fund established by 
section 1013(d) of the Demonstration Cities and Metropoli-
tan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Pro-
gram. 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 Ap-
propriations 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 mainte-
nance and repair of any general or flag officer quarters 
without 30 days advance prior notification to the appro-
priate 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 remedi-
ation 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 fur-
ther, 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 in-
strumentality of the United States Government, except pur-
suant 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 ex-
pended 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 ‘‘Commis-
sion’’). 
(2)(A) The Commission shall be composed of 8 mem-
bers 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.
(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 con-
clusions of the Commission, together with its recommenda-
tions for such legislation and administrative actions as it 
considers appropriate. 
(B) In addition to the matters specified in subpara-
graph (A), the report shall also include a proposal by the 
Commission for an overseas basing strategy for the Depart-
ment 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 informa-
tion to the Commission.
(3) Upon request of the Commission, the Adminis-
trator of General Services shall provide to the Commission, 
on a reimbursable basis, the administrative support nec-
essary 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 perform-
ance 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 em-
ployees 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 sub-
chapter 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 sec-
tion. 
(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 addi-
tional personnel as may be necessary to enable the Commis-
sion to perform its duties under this section. The employ-
ment of an executive director shall be subject to confirma-
tion 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 direc-
tor under subparagraph (A), may not exceed 12. 
(C) The Chairman of the Commission may fix the com-
pensation of the executive director and other personnel with-
out 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 Commis-
sion, 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 responsi-
bility 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 Sep-
tember 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.