H. R. 2559
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
Making appropriations for military construction, family housing, and base realign-
ment and closure for the Department of Defense for the fiscal year ending Sep-
tember 30, 2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated for military construction, family
housing, and base realignment and closure functions administered
by the Department of Defense, for the fiscal year ending September
30, 2004, and for other purposes, namely:
MILITARY CONSTRUCTION, ARMY
(INCLUDING RESCISSIONS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facili-
ties, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,448,239,000, to remain
available until September 30, 2008: Provided, That of this amount,
not to exceed $126,833,000 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 Con-
gress of his determination and the reasons therefor: Provided fur-
ther, That of the funds appropriated for ‘‘Military Construction,
Army’’ under Public Law 107–249, $137,850,000 are rescinded: Pro-
vided further, That of the funds appropriated for ‘‘Military Construc-
tion, Army’’ under Public Law 107–64, $24,000,000 are rescinded:
Provided further, That of the funds appropriated for ‘‘Military
Construction, Army’’ under Public Law 106–246, $17,415,000 are
rescinded: Provided further, That of the funds appropriated for
‘‘Military Construction, Army’’ under Public Law 106–52, $4,350,000
are rescinded.
MILITARY CONSTRUCTION, NAVY
(INCLUDING RESCISSIONS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
H. R. 2559—2
and real property for the Navy as currently authorized by law,
including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this appro-
priation, $1,238,458,000, to remain available until September 30,
2008: Provided, That of this amount, not to exceed $71,001,000
shall be available for study, planning, design, architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such pur-
poses and notifies the Committees on Appropriations of both Houses
of Congress of his determination and the reasons therefor: Provided
further, That of the funds appropriated for ‘‘Military Construction,
Navy’’ under Public Law 107–249, $27,213,000 are rescinded: Pro-
vided further, That of the funds appropriated for ‘‘Military Construc-
tion, Navy’’ under Public Law 107–64, $18,409,000 are rescinded.
MILITARY CONSTRUCTION, AIR FORCE
(INCLUDING RESCISSION)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facili-
ties, and real property for the Air Force as currently authorized
by law, $1,067,751,000, to remain available until September 30,
2008: Provided, That of this amount, not to exceed $95,778,000
shall be available for study, planning, design, architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such pur-
poses and notifies the Committees on Appropriations of both Houses
of Congress of his determination and the reasons therefor: Provided
further, That of the funds appropriated for ‘‘Military Construction,
Air Force’’ in Public Law 107–249, $23,000,000 are rescinded.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently author-
ized by law, $773,471,000, 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 $65,130,000 shall be available for study, planning,
design, architect and engineer services, as authorized by law, unless
the Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his determination
and the reasons therefor: Provided further, That of the funds appro-
priated for ‘‘Military Construction, Defense-wide’’ under Public Law
107–249, $72,309,000 are rescinded.
H. R. 2559—3
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $311,592,000, to remain available
until September 30, 2008.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construc-
tion Authorization Acts, $222,908,000, to remain available until
September 30, 2008.
MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$88,451,000, to remain available until September 30, 2008.
MILITARY CONSTRUCTION, NAVAL RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $45,498,000, to remain available
until September 30, 2008.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$62,032,000, to remain available until September 30, 2008.
NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
(INCLUDING RESCISSION)
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisi-
tion and construction of military facilities and installations
(including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty
Area as authorized in Military Construction Authorization Acts
and section 2806 of title 10, United States Code, $169,300,000,
to remain available until expended: Provided, That of the funds
appropriated for ‘‘North Atlantic Treaty Organization Security
H. R. 2559—4
Investment Program’’ under Public Law 107–249, $8,000,000 are
rescinded.
FAMILY HOUSING CONSTRUCTION, ARMY
(INCLUDING RESCISSION)
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension
and alteration, as authorized by law, $383,591,000, to remain avail-
able until September 30, 2008: Provided, That of the funds appro-
priated for ‘‘Family Housing Construction, Army’’ under Public Law
107–249, $94,151,000 are rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor construc-
tion, principal and interest charges, and insurance premiums, as
authorized by law, $1,033,026,000.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
(INCLUDING RESCISSION)
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension and alteration, as authorized by law,
$184,193,000, to remain available until September 30, 2008: Pro-
vided, That of the funds appropriated for ‘‘Family Housing Construc-
tion, Navy and Marine Corps’’ under Public Law 107–249,
$40,508,000 are rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND
MARINE CORPS
For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $835,078,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
(INCLUDING RESCISSION)
For expenses of family housing for the Air Force for construc-
tion, including acquisition, replacement, addition, expansion, exten-
sion and alteration, as authorized by law, $657,065,000, to remain
available until September 30, 2008: Provided, That of the funds
appropriated for ‘‘Family Housing Construction, Air Force’’ under
Public Law 107–249, $19,347,000 are rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
For expenses of family housing for the Air Force for operation
and maintenance, including debt payment, leasing, minor construc-
tion, principal and interest charges, and insurance premiums, as
authorized by law, $816,074,000.
H. R. 2559—5
FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE
For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)
for construction, including acquisition, replacement, addition,
expansion, extension and alteration, as authorized by law, $350,000,
to remain available until September 30, 2008.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)
for operation and maintenance, leasing, and minor construction,
as authorized by law, $49,440,000.
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND
(INCLUDING RESCISSION)
For the Department of Defense Family Housing Improvement
Fund, $300,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title
10, United States Code, providing alternative means of acquiring
and improving military family housing and supporting facilities:
Provided, That of funds available in the ‘‘Family Housing Improve-
ment Fund’’, $9,692,000 are rescinded.
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 Construc-
tion Appropriations Acts shall be expended for payments under
a cost-plus-a-fixed-fee contract for construction, where cost esti-
mates exceed $25,000, to be performed within the United States,
except Alaska, without the specific approval in writing of the Sec-
retary of Defense setting forth the reasons therefor.
SEC. 102. Funds appropriated to the Department of Defense
for construction shall be available for hire of passenger motor
vehicles.
SEC. 103. Funds appropriated to the Department of Defense
for construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the construction
of access roads as authorized by section 210 of title 23, United
States Code, when projects authorized therein are certified as
important to the national defense by the Secretary of Defense.
SEC. 104. None of the funds appropriated in this Act may
be used to begin construction of new bases inside the continental
United States for which specific appropriations have not been made.
SEC. 105. No part of the funds provided in Military Construction
Appropriations Acts shall be used for purchase of land or land
easements in excess of 100 percent of the value as determined
by the Army Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value