H. R. 5011—7
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
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 American Act’’).
(b) No funds made available under this Act shall be made
available to any person or entity who has been convicted 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 products that
may be authorized to be purchased with financial assistance pro-
vided under this Act, it is the sense of the Congress that entities
H. R. 5011—8
receiving such assistance should, in expending the assistance, pur-
chase only American-made equipment and products.
(b) In providing financial assistance under this Act, the Sec-
retary of the Treasury shall provide to each recipient of the assist-
ance a notice describing the statement made in subsection (a)
by the Congress.
(TRANSFER OF FUNDS)
SEC. 123. 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. 124. 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. 125. (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. 126. During the current fiscal year, in addition to any
other transfer authority available to the Department of Defense,
H. R. 5011—9
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)
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. 127. 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. 128. 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 Marine Corps Barracks, 8th and I Streets, Washington,
D.C.: Provided, That the Secretary notifies the appropriate commit-
tees of Congress 30 days in advance of the intended use of such
funds: Provided further, That this section remains effective until
September 30, 2004.
SEC. 129. 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. 130. Amounts appropriated for a military construction
project at Camp Kyle, Korea, relating to construction of a physical
fitness center, as authorized by section 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. 131. (a) REQUESTS FOR FUNDS FOR ENVIRONMENTAL RES-
TORATION AT BRAC SITES IN FUTURE FISCAL YEARS.—In the budget
justification materials submitted to Congress in support of the
Department of Defense budget for any fiscal year after fiscal year
2003, the amount requested for environmental restoration, waste
management, and environmental compliance activities in such fiscal
year with respect to military installations approved for closure
or realignment under the base closure laws shall accurately reflect
the anticipated cost of such activities in such fiscal year.
(b) BASE CLOSURE LAWS DEFINED.—In this section, the term
‘‘base closure laws’’ means the following:
(1) Section 2687 of title 10, United States Code.
H. R. 5011—10
(2) The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note).
(3) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100–526; 10
U.S.C. 2687 note).
This Act may be cited as the ‘‘Military Construction Appropria-
tion Act, 2003’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.