Pub.L. 108-133 To amend the Policemen and Firemen's Retirement and Disability Act to ...

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             MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2004

[[Page 117 STAT. 1374]]

Public Law 108-132
108th Congress

                                 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. <<NOTE: Nov. 22, 2003 -  [H.R. 2559]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Military 
Construction Appropriations Act, 2004.>> 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

    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, $1,448,239,000, 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 
Congress of his determination and the reasons therefor: Provided 
further, That of the funds appropriated for ``Military Construction, 
Army'' under Public Law 107-249, $137,850,000 are rescinded: Provided 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Army'' under Public Law 107-64, $24,000,000 are rescinded: Provided 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Army'' under Public Law 106-246, $17,415,000 are rescinded: Provided 
further, That of the funds appropriated for ``Military Construction, 
Army'' under Public Law 106-52, $4,350,000 are rescinded.

                       Military Construction, Navy

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities,

[[Page 117 STAT. 1375]]

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, 
$1,238,458,000, 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 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, $18,409,000 are rescinded.

                    Military Construction, Air Force

    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, 
$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 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, Air Force'' in Public Law 107-249, 
$23,000,000 are rescinded.

                   Military Construction, Defense-Wide

    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, 
$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, <<NOTE: Notification.>> 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 appropriated for 
``Military Construction, Defense-wide'' under Public Law 107-249, 
$72,309,000 are rescinded.

[[Page 117 STAT. 1376]]

               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 Construction 
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

    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: 
Provided, That of the funds appropriated for ``North Atlantic Treaty 
Organization Security

[[Page 117 STAT. 1377]]

Investment Program'' under Public Law 107-249, $8,000,000 are rescinded.

                    Family Housing Construction, Army

    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 available 
until September 30, 2008: Provided, That of the funds appropriated 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 construction, 
principal and interest charges, and insurance premiums, as authorized by 
law, $1,033,026,000.

           Family Housing Construction, Navy and Marine Corps

    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, $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

    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.

           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 construction, 
principal and interest charges, and insurance premiums, as authorized by 
law, $816,074,000.

[[Page 117 STAT. 1378]]

                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

    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 Improvement 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. <<NOTE: Contracts.>> 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.

    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

[[Page 117 STAT. 1379]]

by a Federal court; (2) purchases negotiated by the Attorney General or 
his designee; (3) where the estimated value is less than $25,000; or (4) 
as otherwise determined by the Secretary of Defense to be in the public 
interest.
    Sec. 106. None of the funds appropriated in Military 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.
    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 Military Construction 

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