H.R. 2559 (rh) Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2004, and for other purposes. [Reported in House] ...

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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 housing, and 
  base realignment and closure for the Department of Defense for the 
     fiscal year ending September 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, <DELETED>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:

             <DELETED>Military Construction, Army</DELETED>

               <DELETED>(including rescissions)</DELETED>

<DELETED>    For acquisition, construction, installation, and equipment 
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 necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $1,533,660,000, to remain 
available until September 30, 2008: Provided, That of this amount, not 
to exceed $122,710,000 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 determination and 
the reasons therefor: Provided 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 ``Military Construction, Army'' under Public Law 106-
246, $17,415,000 are rescinded.</DELETED>

             <DELETED>Military Construction, Navy</DELETED>

               <DELETED>(including rescissions)</DELETED>

<DELETED>    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, naval installations, 
facilities, 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 
appropriation, $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, 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 ``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.</DELETED>

          <DELETED>Military Construction, Air Force</DELETED>

<DELETED>    For acquisition, construction, installation, and equipment 
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 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.</DELETED>

         <DELETED>Military Construction, Defense-Wide</DELETED>

    <DELETED>(including rescission and transfer of funds)</DELETED>

<DELETED>    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 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, 
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 appropriated 
for ``Military Construction, Defense-wide'' under Public Law 107-249, 
$32,680,000 are rescinded.</DELETED>

     <DELETED>Military Construction, Army National Guard</DELETED>

<DELETED>    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, $208,033,000, to remain available until September 
30, 2008.</DELETED>

      <DELETED>Military Construction, Air National Guard</DELETED>

<DELETED>    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 Construction 
Authorization Acts, $77,105,000, to remain available until September 
30, 2008.</DELETED>

         <DELETED>Military Construction, Army Reserve</DELETED>

<DELETED>    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, $84,569,000, to 
remain available until September 30, 2008.</DELETED>

        <DELETED>Military Construction, Naval Reserve</DELETED>

<DELETED>    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, $38,992,000, to remain available until September 
30, 2008.</DELETED>

      <DELETED>Military Construction, Air Force Reserve</DELETED>

<DELETED>    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, $56,212,000, 
to remain available until September 30, 2008.</DELETED>

         <DELETED>North Atlantic Treaty Organization</DELETED>

             <DELETED>Security Investment Program</DELETED>

<DELETED>    For the United States share of the cost of the North 
Atlantic Treaty Organization Security Investment Program for the 
acquisition 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.</DELETED>

          <DELETED>Family Housing Construction, Army</DELETED>

               <DELETED>(including rescission)</DELETED>

<DELETED>    For expenses of family housing for the Army for 
construction, including acquisition, replacement, addition, expansion, 
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'' under Public Law 
107-249, $52,300,000 are rescinded.</DELETED>

   <DELETED>Family Housing Operation and Maintenance, Army</DELETED>

<DELETED>    For expenses of family housing for the Army for operation 
and maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $1,043,026,000.</DELETED>

 <DELETED>Family Housing Construction, Navy and Marine Corps</DELETED>

               <DELETED>(including rescission)</DELETED>

<DELETED>    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: Provided, 
That of the funds appropriated for ``Family Housing Construction, Navy 
and Marine Corps'' under Public Law 107-249, $3,585,000 are 
rescinded.</DELETED>

  <DELETED>Family Housing Operation and Maintenance, Navy and Marine 
                            Corps</DELETED>

<DELETED>    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, $852,778,000.</DELETED>

       <DELETED>Family Housing Construction, Air Force</DELETED>

               <DELETED>(including rescissions)</DELETED>

<DELETED>    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 ``Family Housing Construction, Air Force'' under 
Public Law 107-249, $19,347,000 are rescinded: Provided further, That 
of the funds appropriated for ``Family Housing Construction, Air 
Force'' under Public Law 105-237, $9,692,000 are rescinded.</DELETED>

 <DELETED>Family Housing Operation and Maintenance, Air Force</DELETED>

<DELETED>    For expenses of family housing for the Air Force for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $826,074,000.</DELETED>

      <DELETED>Family Housing Construction, Defense-Wide</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>Family Housing Operation and Maintenance, Defense-
                             Wide</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Department of Defense Family Housing Improvement 
                             Fund</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Base Realignment and Closure Account</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    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 construction, where cost estimates 
exceed $25,000, to be performed within the United States, except 
Alaska, without the specific approval in writing of the Secretary of 
Defense setting forth the reasons therefor.</DELETED>
<DELETED>    Sec. 102. Funds appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor 
vehicles.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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 
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.</DELETED>
<DELETED>    Sec. 106. None of the funds appropriated in Military 
Construction 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.</DELETED>
<DELETED>    Sec. 107. None of the funds appropriated in Military 

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